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HomeMy WebLinkAbout03-5669MARTI G. BYERS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NELSON CURTIS BYERS, Defendant : CIVIL ACTION-LAW :IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MARTI G. BYERS, Plaintiff VS. NELSON CURTIS BYERS, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~-~-~b'/ ~ -F~- · CIVIL ACTION-LAW 'IN DIVORCE COMPLAINT IN DIVORCE AND NOW COMES Plaintiff, Marti G. Byers, by her attorneys, Purcell, Krug & Hailer, and avers as follows: DIVORCE PURSUANT TO SECTION 330'1(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Marti G. Byers, an adult individual whose current address is 207 Cockleys Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Nelson Curtis Byers, an adult individual whose current address is 2717A Mill Road, P.O. Box 153, Grantham, Cumberland County, Pennsylvania 17027. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 16, 1980, in Huntingdon Valley, Pennsylvania. 5. There have been no prior actions in divorce or annulment between the parties. 6, The Plaintiff avers that there is one child of the parties under the age of 18: Megan W. Byers, born September 30, 1986. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8, The Plaintiff and Defendant are both citizens of the United States. 9. The Social Security Number of the Plaintiff is 200-48-3344 and the Social Security Number of the Defendant is 180-50-5615. 10. The marriage is irretrievably broken. 11. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree in Divorce. Dated: PURCELL, KRUG & HALLER ~5 , ;Ir., Esquire 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 3 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorc~ 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. Dated: October 28, 2003 Marti G. Byers MARTI G. BYERS, Plaintiff VS, NELSON CURTIS BYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5669 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH O! COUNTY OF DAUPHIB I, Carol Masich, sec] ' PENNSYLVANIA ) SS2 atary to, John W. Purcell, Jr., Attorney for the Plaintiff in the above action, hereby swear a~d affirm that on the 294 day of October, 2003, I sent, by certified mail, return receipt re,ested, deliver to addressee only, a certified copy of the Complaint in Divorce, containing Notice to Defend and Claim Rights to Nelson Cumis Byers, the Defendant in the abov~ action. The return receipt, duly signed by the Defendant is attached hereto and rr~ade a part hereof as Exhibit "A". Sworn and subacribed befol:e me this~}~da] C~ol 1V~asichI Secretary to John W. Purcell, Jr. tO i' Notar al Seal Bonita E Pruss~ =k, Notary Public City of Harrisbur, ;, Dauphin Courtly My Commission Eh ,ire? '4ept 2[~, 2005 Member, I~ennsylvania Association of Notaries · Complete items , 2, and 3. Also complete itei Delive~J is desired. ~'~ Print your name and address on the reverse so that we can · Attach this card or c~the front i 2. Ar (Tr, PS R eturn the card to you. to the back of the mailpiece, space permits. [] Agent [] Addressee C. Date of Delivery D. Isdelive~ 17 n Yes If YES, enter delivery address below: [] No 3. Service Type ~Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C,O.D. Restricted Delivery~ (Extra Fee) 102595-02-M~)835 Exhibit "A'1 MARTI G. BYERS, Plaintiff NELSON CURTIS BYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-5669 CIVIL TERM : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendant, NELSON CURTIS BYERS, in the above captioned case. Respectfully submitted, IRWIN &ff~lecKNI GHT By: Mare,s ~. l~ht, III, Esqmr 60 West Pomfrct Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for defendant Date: December 1, 2003 ~RTI G. BYERS, Plaintiff NELSON CURTIS BYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; CML ACTION - LAW NO. 2003-5669 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, II/, Esquire, hereby certify that a copy of attached Praeeipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: John W. Purcell, Jr., Esq. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 Date: December I, 2003 By: IRWIN & McKNIGHT. 60 West Pom~;t~ , qu,re Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 MARTIG. BYERS, VS. Plaintiff NELSON CURTIS BYERS, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2003-5669 CIVIL TERM : CIVIL ACTION-LAW :IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on October 28, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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. Marti G. Byer~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a 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. I 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 filed with the Prothonotary. I verify that the statements made in this Affidavit and Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 'z i Io't Marti G. Byers MARTI G. BYERS, Plaintiff NELSON CURTIS BYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW 2003 - ~ CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: NELSON CURTIS BYEP~ Defendant MARTI G. BYERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. NELSON CURTIS BYERS, Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 -~ CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 2003. 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 28, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: NELSON CURTIS BYER~~'~ Defendant MARTI G. BYERS, Plaintiff NELSON CURTIS BYERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : 2003 -4-3-39 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a 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. I understand that I will not be divomed 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 filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/~/otY ~~~.-~ .... -' / ' NELfi~dl~i~T~'~BYERS Defendant MARRIA GE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~)- ? day of ~c ~' , 2004, by and between MARTI G. BYERS, (hereinafter referred to as "WIFE") and NELSON CURTIS BYERS, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on February 16, 1980, in Huntingdon Valley, Pennsylvania. WIFE filed a Complaint in Divorce in Cumberland County docketed at 2003-5669 Civil Term on October 28, 2003. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and fight standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. 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. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (1) is represented by counsel of his or her own choosing; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. 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 a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. REAL ESTATE: There is no real estate owned by the parties, vi~.~.lx 4Ac WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to hold the other party harmless for and against any and ail such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. SPOUSAL SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay alimony to the WIFE for herself following the entry of the Divorce Decree in this case. WIFE will not provide any financial support or alimony to the HUSBAND. 11. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: The personal property in his possession; His bank accounts; Any of his life insurance policies; and Any of his retirement accounts and/or employee benefits. 4 WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; c. Any of her life insurance policies; and d. Any of her retirement accounts and/or employee benefits. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 12. AUTOMOBILES: a.) WIFE agrees to waive any and all interest which she may have in any motor vehicle in HUSBAND's possession. b.) HUSBAND agrees to waive any and all interest which he may have in any motor vehicle in WIFE's possession. They each waive any claim which they have in any automobile owned by the other party. 5 13. MARITAL DEBTS & BANKRUPTCY: Each party will be responsible for their own debt incurred after the date of separation. HUSBAND will be solely responsible for his outstanding debts and agrees to hold WIFE harmless and indemnifies her for any debt incurred after the date of separation. WIFE will be solely responsible for her outstanding debts and agrees to hold HUSBAND harmless and indemnify him for any debt incurred after the separation date. If HUSBAND deems bankruptcy to be necessary, it will not be a violation of this Agreement if he does so. 14. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE's employee benefits. 15. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 16. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 17. CHILD SUPPORT: The parties are the natural parents of Megan W. Byers, age 17, bom September 30, 1986. HUSBAND agrees to pay the sum of $250.00 per month for support of Megan. The parties agree that for any month HUSBAND does not have his own health insurance coverage, he will not be obligated to pay child support. The parties agree that this support is not modifiable. In return, HUSBAND agrees to continue to pay said monthly child support of $250.00 to WIFE while Megan is attending college. These support payments will be made directly to WIFE for Megan when she attends college unless the parties otherwise agree or WIFE files for an increase. If either Megan or WIFE on behalf of Megan attempts to increase the monthly support payments, HUSBAND's obligation to make support payments beyond Megan's eighteenth (18) birthday will cease effective the date of filing for said support modification. 18. 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 such 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. 19. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. APPLICABLE LAW: Commonwealth of Pennsylvania. PRIOR AGREEMENTS: 22. This Agreement shall be construed under the Laws of the 23. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 24. PAYMENT OF COSTS: The parties agree to pay for their own costs required to obtain and complete the divorce. 25. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: MARTI G. BYF_,RS (SEAL) ~--.-~-,_ (SEAL) COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, thi of 2004, a Notary Public, in and for the Commonwealth of Pennsylvania and ~unty of Cumberland, MARTI G. BYERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto sp~'t~ and official seg[/'~') COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this _.o.).j.,.r,..day 2004, a Notary Public, in and for the Commonwealth of Pcnnsylvanitr--dffd County of Cumberland, NELSON CURTIS BYERS, known to mc (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 10 MARTI G. BYERS, VS. Plaintiff NELSON CURTIS BYERS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CML ACTION-LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 Section (x) 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: October 29, 2003 by Certified Mail 3. (a) Date of execution of the Affidavit of Consent required by Section 330 I(c) of the Divorce Code: by Plaintiff: February 27, 2004 by Defendant: March 26, 2004 4, Related claims pending: No economic claims have been raised. 5. (a) Date smd manner of service of the Notice of Intention to file Praecipe to transmit record, a copy of which is attached: (b) Date of Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: March 1, 2004 Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Filed contemporaneously herewith IN THE COURT OF COMMON M~4RTI G. BYERS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff N o. 2003- VERSUS NELSON CURTIS BYERS Defendant PLEAS CIVIL AND NOW, DECREE IN DIVORCE G , ~0J~L, IT IS ORDERED AND DECREED THAT AND Marti G. Byers Nelson Curtis Byers 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; The terms of the Separation and Property Settlement Agreement between the parties dated February 27, 2004 is hereby incorporated as if set forth at lengt! but shall not merge in the final Divorce~d~ree bet~en the parties. Any existing spousal support order~~!er be deemed an order for econom c alimony pendente lite if any ~ending. BY ~HI ATTEST~/~/~~~ J. ~'~'/~;;i~"~,.,'"'"~ ~'~'~/~ P ROT H O N OTA RY