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HomeMy WebLinkAbout03-2278CHERI L. JUMPER, Plaintiff VS. JAMES W. JUMPER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. ~)~ ~-~t-] ,~ Civil Term ACTION IN DIVORCE AFFIDAVIT OF SEPARATION 1. The parties to this action separated on September 29, 2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. Date: Cheri L. Jumpe~, Plaintiff' CHERI L. JUMPER, Plaintiff VS. JAMES W. JUMPER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 - 2278 Civil Term : : ACTION 1N DIVORCE AFFIDAVIT OF SERVICE REGARDING THE AFFIDAVIT OF SEPARATION AND NOW, this November 4, 2003 I, Jane Adams, Esquire, hereby certify that on or about October 27, 2003, a certified true copy o£the AFFIDAVIT OF SEPARATION was served, via certified mail, return receipt requested, addressed to: James W. Jumper 405 Juniper Street Carlisle, Pa. 17013 DEFENDANT Respectfullly Submitted: Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF · Complete.items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent Name~ C. Date of Delivery is d~livery address different l~om item 17 []Yes I( YE enter delivery address below: [3 NO 2. Article Number (Transfer from service/abe } '--p-'~-Form 3~1 1, August 21301 [3 Express Mail [~ Registered [] Return Receipt for MerChandise [3 Insured Mail [] C.O.D. Restricted DeliverY? (Extra Fee) [] Yes 4137 2107 700t 2510 0001 Domestic Return Receipt 102595-02-M-0835 ?~':' \/ · ' ' | USp$ Sender.' P~ease print your~ame a~~..~ · -. ~§~a , address, ~a?d~-t.~is.~ JANE ADAM~ AI']'OFINE¥ A? LAw $6 S. PI]'T STREET CARLISLE, ~ 11013 I"'lll"'Jll'"",ll,,li,,,ll,,,I,i,,t,l,i,l,l,l,,i,i,,i,,i,i Cheri Jumper Plaintiff V. James W. Jumper Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. {~-2278 Civil Term CIVIL ACTION - LAW PRAECIPE OF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in the above-captioned matter. Respectfully submitted, Date: December 16, 2003 ABOM & KUTULAKIS Attorney for Defendant Attorney I.D.# 86914 36 South Hanover Street Carlisle, PA 17013 CHERI L. JUMPER, Plaintiff VS. JAMES W. JUMPER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03- 2278 Civil Term : : ACTION IN DIVORCE : AFFIDAVIT OF SERVICE REGARDINC THE NOTICE OF INTENT AND COUNTER.AFFIDAVi.I, AND NOW, this December 17, 2003 I, Jane Adams, Esquire, hereby certify that on or about December 3, 2003, a certified tree copy of the NOTICE OF INTENT and COUNTER-AFFIDAVIT was served, via certified mail, return receipt requested, addressed to: James W. Jumper 405 Juniper Street Carlisle, Pa. 17013 DEFENDANT Respectfully Submitted: J/D. No. 79465 x,~/36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF CHERI L. JUMPER, Plaintiff VS. JAMES W. JUMPER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 - 2278 Civil Term : : ACTION IN DIVORCE : AFFIDAVIT OF CONSENT_ 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 12, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also undemtand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 3 -3c - ~q mes W. Jumper, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE _UNDER ~3301(e) AND ~3301(d) OF THE DIVORCE CODE 1. I consent to entxy ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is fi]ed with the Prothonotary. I verify that thc statements made in this affidavit are true and correct. I understand that fa]se statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. /~mes W. Juml, ef~an/ CHERI L. JUMPER, Plaintiff VS. JAMES W. JUMPER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02 - 2278 Civil Term : : ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 12, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. 1 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Cheri L. Jg~nper, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree &divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, 1 ' if I do not claim them before a divorce is granted, awyar s fees or expenses 3. I understand that I will not be divorced until a divorce decree is enlered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Cheri L. Jumpe~, Plaihtiff CHERI L. JUMPER, VS. Plaintiff JAMES W. JUMPER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03 - 2278 Civil Term : : ACTION IN DIVORCE _PRAECIPE TO TRANSMIT RE~ORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under &3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail, .restricted delivery, return receipt requested, delivered on: May :20, 2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: March 4, 2004 By Defendant: 4. Related claims pending:~None. February26,2004 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 3, 2004 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: March 8, 2004 Submitted: Z}fi_np Adams, Esquire Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff CHERI L. JUMPER, Plaintiff VS. JAMES W. JUMPER, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-2278 Ciw]Term : : ACTION 1N DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, madethis ~ dayof /)Q~ ,2004, byand between, JAMES W. JUMPER, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND", and CHERI L. JUMPER, of Mount Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 14, 1994, in Mount Holly Springs, Pennsylvania, and; WHEREAS, there were two children born of this marriage; WHEREAS, differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle their respective financial property rights and obligations as between each other, including the settling of all matters between them relating to ownership and equitable distribution of real and personal properly; the settling of all matters between them relating to the past, present, and future support, alimony, and/or maintenance of Husband or Wife; and in general, the settling of any and all possible claims by one aealnst the oth against their respective estates; .~ er or NOW THEREFORE, Wife and Husband, each intending to be legally bound, hereby covenant and agree as follows: 1. FULL DISCLOSURE OF ASSETS. Each party wmxants that he or she has made a full and fair disclosure of income, assets, and their valuation prior to the execution of this Agreement as well as any other fact relating in any way to the subject matter of this agreement. These disclosures are part of the consideration made by each party for entering agreement, into this 2. ADVICE OF COUNSEL. The Husband has employed and had the benefit or counsel ofKara Haggerty, Esquire, as his attorney. The Wife has employed and had the benefit or counsel of Jane Adams, Esquire, as her attorney. Each party has c, arefully and completely read this agreement and has been advised and is completely aware not only of its contents but of its legal effect. 3. SEPARATION. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth their respective rights and duties while they continue to live apart from each other. Neither party shall harass, annoy, injure, threaten, or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable. Neither party shall interfere with the uses, ownership, enjoyment, or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Divorce Complaint in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under sections 3301 (c) and 3301(d) of the Pennsylvania Divorce Code. Husband hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and ail affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce: Code. The parties hereby waive all rights to request Court Ordered counseling under the Divorce Code. Thc provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for ail purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment, or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and ail of its covenants shall not be ~tffected in any way by any such separation or divorce; and that nothing in any such decree, judgmant, order, or further modification ' · or revision thereof shall alter, amend, or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment, or decree. This incorporation shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. DATE OF EXECUTION. The "date of execution" or "execution date" of this agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution ate of this Agreement shall be defined as the date of execution by the party last executing this Agreement. All provisions of this agreement shall be effectuated by the parties within thirty (30) days of the execution date of this agreement unless otherwise specified within this agreement. 6. MUTUAL RELEASE OF ALL CLAIMS. HUSBAND and WIFE each do hereby mutually remise; release, quit-claim and forever discharge the other and the estate of the other, of and from any and ail rights; titles, and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in the decease spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or any other country, or any rights which Wife may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite. counsel fees, costs or expenses, whether arising as a result of any marital relation or otherwise, except, and only except, ail rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. 7. WARRANTY OF DEBTS AND FUTURE OBLIGATIONS. Each party warrants that they have not contracted any debt or liability for the other or which the estate of the party may be responsible or liable, and except only for the ,4~.,~ __:_. ..... other a ,.~;m~ arising out OltlllS agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party, will be liable. Each party agrees to indemnif~ or hold h against all future obligations of every kind i ...... ~ ~._ .L_ . . ,. . arm)ess from and -., -,,,.,.a,.u oy m~m, lnCluolng those for necessities. 8. OUTSTANDING JOINT DEBTS. (a) Wife agrees that the following debts are her own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. Any and all debts relating to the marital home located at 801 Sandbank Road, Lot 26, Mount Holly, Pennsylvania, 17065. (b) Husband agrees that the following debts are his own personal responsibility and therefore agrees to completely and finally pay on the following debts and obligations. 9. EQUITABLE DIVISION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. s3501 et. seq. and taking into account the following considerations: the length of the marriage, the age, health, station, amount, and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties, the contribution of each party to the education, training, or increased earning power of the other party; the opportunity for each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all the marital rights of the parties. As such, the parties acknowledge that Husband or Wife's obligation to make the payments defined in this agreement shall not be subject to temaination, discharge, or discontinuance in bankruptcy or for any other reason or by any Court or tribunal. Should Husband or Wife pursue and action in bankruptcy and be successful in extinguishing his obligation to pay any debts for which he has assumed sole obligation as set forth herein, he or she shall immediately be obligated to pay alimony to the other party in an amount equal to the monthly obligation on such debts that he or she otherwise had assumed and for which he had taken sole obligation and responsibility, plus an additional fifteen percent (15%) in consideration of the tax consequences associated with receipt of alimony. At the time of the implementation of this alimony award, which may be made through the appropriate Domestic Relations of support office with the Court of Common Pleas of appropriate jurisdiction as Husband or Wife may select, such party shall then be responsible for any such debts extinguished through the other party's bankruptcy as described herein. 10. OTHER PERSONAL PROPERTY. Husband and Wife do hereby acknowledge that they have previously divided all their tangible personal property. Except as may otherwise be provided in this Agreement, Wife agrees that all of the property of Husband or in his possession shall be the sole and separate property of Husband; and Husband agrees that all of the property of Wife or in her possession shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 11. MOTOR VEHICLES. With respect to the motor vehicles, owned by one or both of the parties, they agree as follows: (a) The 1999 Mercury Sable shall be and remain the sole and exclusive property of Wife. (b) The 1995 Pontiac shall be and remain the sole and exclusive property of Husband. The titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, within thirty days of the execution date of this Agreement, and said executed titles shall be delivered to the proper parties on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobiles. 12. MARITAL HOME. HUSBAND and WIFE hold title as Tenants by the Entireties to a trailer currently located at 801 Sandbank Road, Lot 26, Mount Holly Springs, Pennsylvania. The trailer is located on a rented lot. The parties agree as follows with respect to the marital residence: (a) As of the date of this agreement, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present, and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including but not limited to, all real estate taxes, water and sewer rents, gas, electric, and telephone service, homeowner's insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which are incurred in connection with such maintenance, costs, and expense. (b) As of the date of this agreement, Husband waives all right, title and interest in this trailer in favor of Wife. Wife shall have sole and exclusive possession of the trailer. Upon Wife's in payment in full of the loan obligation associated with this trailer, and upon release of the title, Husband will, within thirty (30) days, execute the title, and complete all documents necessary to transfer the trailer into wife's name alone. 13. MUTUAL WAIVER OF EMPLOYMENT BENEFITS. The parties agree to waive any and all rights they have in and to each other's employment benefits, including but not limited to both parties pensions and retirement plans and Incentive Savings Plans. The parties agree never to assume any claim to such benefits of the other at any time in the future. 14. ALIMONY, ALIMONY PENDENTE LITE and LEGAL FEES. Each party hereby waives any right to spousal support, alimony, or alimony pendente lite, and each party agrees to be responsible for his or her own legal fees and expenses. The parties herein acknowledge that by this Agreement, they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort, maintenance, and support in the station of life to which they are accustomed. Wife and Husband do hereby waive, release, and give up any rights they may respectively have against the other for alimony, support, or maintenance. It shall be from the execution of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 15. INCOME TAX RETURNS. Husband and wife represent to each other that to the best .of their knowledge all federal, state, and local taxes required to paid with during the mamage and during the periods covered by such tax returns have been paid. Husband and Wife further represent that there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, and neither Husband nor Wife executed any waiver of the Statute of limitations on the assessment or collection of any tax for such periods. If any deficiency in federal, state, or local income taxes is proposed, or any assessment of any such tax is made against the other party by reason of his or her having joined in the filing of joint federal, state or local income tax returns, Husband and Wife shall indemnify and hold harmless the other against and from any and all tax, interest, penalty, or expense relating from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, and penalties or expenses shall be paid solely and entirely by the responsible party as determined to be attributable to that party on account of misrepresentation or failure to disclose relevant information of income on the aforesaid joint returns. 16. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 17. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 18. APPLICABLE LAW. The Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 19. INTEGRATION. This Agreement constitutes the entire understanding of the patties and supersedes any and all prior agreements or negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. OTHER DOCUMENTATION. Wife and Husband covenant and agree that they will forthwith · · execute any and ail written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provision hereof by construed as a waiver of any subsequent default or breach of the same or similar nature, not shall it be construed as a waiver or strict performance of any other obligations herein. 22. SEVERABILITY. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invaiid in law or otherwise, then only that term, condition, clause, or provisions shall be stricken from this Agreement; and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 23. BREACH. If either party breaches any provisions of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this agreement. 24. INFORMED AND VOLUNTARY EXECUTION. Each party to this agreement acknowledges that he or she is fully informed as to the facts relating to the subject matter of this agreement, is entering into this agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind, has given careful thought to the making of this agreement, has carefully read each provision of this agreement, and fully and completely understands each provision of this agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written: WITNESS: CHERI L. JI.~PER, Wife Date: (717) 245-8508 Attorney for Cheri L. Jumper 3K6ar~ ?ang go;~ rY 2s q u ~ Carlisle, Pa. 17013 (717) 249-0900 Attorney for James W. Jumper INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ Cheri L. Jumper, Plaintiff ¢ , ~* NO. VERSUS James W. Jumper, Defendant PENNA. No. 03 - 2278 Civil Term DECREE IN DIVORCE AND NOW,.. DECREED THAT AND Cheri L. Jumper James W. Jumper , ~l~::~ ,(~lT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None; The property settlement agreement executed on March 4, 2004 And filed March 8, 2004 is incorporated but not merged into this Decree. ATTEST: PROTHONOTARY