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HomeMy WebLinkAbout08-3370to F:\DOCS\FL\DIV\ChandlerMichael.Notice.wpd MICHAEL TODD CHANDLER Plaintiff v. KAY LORENE CHANDLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. F- 3 3 70 CIVIL TERM 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 Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. 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 32 South Bedford Street Carlisle, PA 17013-3302 Telephone: (717) 249-3166 fl\div\chandlermichaelcomplaint MICHAEL TODD CHANDLER Plaintiff V. KAY LORENE CHANDLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- 3 3 `70 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is Michael Todd Chandler, an adult individual, who currently resides at 3010 Morningside Drive, Cumberland County, Camp Hill, PA 17011. 2. The Defendant in this action is Kay Lorene Chandler, an adult individual, who currently resides at 14 Big Horn Avenue, Cumberland County, Mechanicsburg, PA 17050. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on September 13, 1997, in Cumberland County. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -1- 7. The Plaintiff avers that two (2)children have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. Date: V V \? ?b , ?`? ?S STONE LaFAVER & SHEKLETSKI B y Eli abet Sto S prem ourt D #60251 414 idge S eet, P.O. Box E Ne Cumberl d, PA 17070 elephone 7-774-7435 AttornevA for Plaintiff -2- VERIFICATION Michael Todd Chandler states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. e ?9/'o MICHAEL TODD CHANDLER Date: C"' ?? .> _:? SZ ? --' `_ _ ? ? h7 Ala ?o,? ? ? ?, - . c ? ? ? a, ? _ , :; ? ?.; ? ? fl\div\1service CERTIFICATE OF SERVICE A,. o S- 3 37o C. -ATom- I, Elizabeth B. Stone, of the law firm of Stone LaFaver & Shekletski, attorneys for Plaintiff, Michael Todd Chandler, do certify that on this date I served a copy of the within instrument, on Defendant by placing a true and correct copy in the United States Mail, postage prepaid, and addressed as follows: Kay Lorene Ch 14 Big Horn A Mechanicsburg DATE : Ulr?? Z 2-,Dc? 8 r r. r . --t F:\DOCS\FL\DIV\ChandlerMichael.AcceptofService.wpd MICHAEL TODD CHANDLER Plaintiff v. KAY LORENE CHANDLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3370 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, KAY LORENE CHANDLER, defendant in the above captioned matter, accept service of a certified copy of the Complaint in Divorce filed on June 2, 2008, to the above term and number. Date KAY LORENE CHANDLER, Defendant {r? 4 _,' J ELIZABETH B. STONE, ESQ. ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF T P V 2010 FEB -2 9: 1°7 G "07''v MICHAEL TODD CHANDLER . Plaintiff V. KAY LORENE CHANDLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3370 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on June 2, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in 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 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. dw/) Date: © By: MICHAEL TODD CHANDLER. Plaintiff ELIZABETH B. STONE, ESQ. ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF F! EC- 2010 FED -2 S: w C! . MICHAEL TODD CHANDLER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KAY LORENE CHANDLER Defendant : NO. 08-3370 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 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. { p Date: 1 ?0 ?D By: rzz__, MICHAEL TODD CHANDLER, Plaintiff ELIZABETH B. STONE, ESQ. ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF t T1 1C C- ")TA 2010 FLEB -2 -"1 i MICHAEL TODD CHANDLER Plaintiff v KAY LORENE CHANDLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3370 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on June 2, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in 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 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. 1 x Date: 29110 By: KAY LO NE CHANDLER, Defendant ELIZABETH B. STONE, ESQ. ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND, PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF PLED r 2010 F4B -2 f. C-: I i LL _ ' F:X .i i== MICHAEL TODD CHANDLER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KAY LORENE CHANDLER Defendant NO. 08-3370 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 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: a ?d B ?-hU Y• KAY LO NE CHANDLER, Defendant LE, F:\DOCS\FL\AGM\Chandler.Michael - Agreement 1-8-2010.wpd -• + ^rI n , ` F-D -2 _. A G R E E M E N T THIS AGREEMENT, made this ? V day of J?Mvli 2010, by and between MICHAEL TODD CHANDLER, of Cumberland County, Pennsylvania, (hereinafter referred to as "Husband"), and KAY LORENE CHANDLER, of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"); WI TNESSETH: WHEREAS, Husband and Wife were lawfully married on September 13, 1997, in Cumberland County, Pennsylvania; and WHEREAS, Two children have been born of this marriage, SAMANTHA MARIE CHANDLER, date of birth November 5, 1997, and NOAH MATTHEW CHANDLER, date of birth September 25, 2004; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony Page 1 of 16 and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every 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 into this agreement. 2. Advice of Counsel. The Husband has been represented by Elizabeth B. Stone, Esquire who has drafted this legal document. The Wife has been advised that she should seek counsel; however, she has chosen to have no legal representation at this time. This agreement has been fully explained to the Husband by his attorney. Each party acknowledges by their signature of this document that each has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. Page 2 of 16 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt.to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all 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, of 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 Page 3 of 16 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 a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) 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 the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future Obligations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party Page 4 of 16 or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 7. Personal Property. Wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. Any specific items which shall remain Husband's sole possession are listed on Exhibit "A" attached. Any items not listed herein or which have already separated, shall remain in Husband's sole possession. 8. Automobiles to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1999 Ford Expedition (Serial Number XXXXXXXXXXXXX8627), 1998 International 4900 24' Straight Truck (Serial Number XXXXXXXXXXXXX4312), and 1983 BMW 3201 (Serial Number XXXXXXXXXXXXX5036). 9. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 2004 Ford Freestar. Page 5 of 16 ¦ . 10. ProR,erty Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 11. Real Estate. Husband and Wife hereby agree that Husband may remain in the marital home located at 3010 Morningside Drive, Camp Hill, Cumberland County, Pennsylvania. Husband shall be solely responsible for all of the maintenance, repair and other costs associated with the residence, including, but not limited to the mortgage, taxes, insurance, and utilities. From the date of this agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Wife agrees and covenants to hold Wife harmless from any such liability or obligation. Thus, the parties herein agree that Husband shall be entitled to claim the mortgage payments, interest, taxes and any other payments associated with the real estate as income tax deductions or for other valid purposes not named herein. DEED TO BE HELD IN ESCROW. The parties agree to sign a deed transferring the property from Husband and Wife's name to Husband's name only. This signed deed shall be recorded in the Recorder of Deeds Office in Cumberland County. Page 6 of 16 12. Child Custody/Visitation/Vacations. The parties agree to share joint legal custody of the parties two minor children; SAMANTHA MARIE CHANDLER, date of birth November 5, 1997, and NOAH MATTHEW CHANDLER, date of birth September 25, 2004. The parties will physically share custody equally, 50/50. Each parent will have a minimum of two (2) weeks vacation, per year, with the children. The two weeks vacation may not be consecutive, unless agreed to by the parties. The parties will alternate holiday visitation every, other year. This is more clearly laid out in the Holiday Schedule listed below. HOLIDAY ODD-NUMBERED YEARS EVEN-NUMBERED YEARS (1) Easter Weekend Father Mother (5:00 p.m. Friday to 5:00 p.m. Sunday) (2) Memorial Day Mother Father (3) 4tn of July Father Mother (4) Labor Day Weekend Mother Father (5:00 p.m. Friday to 5:00 p.m. Monday) (5) Halloween Father Mother (6) Thanksgiving Mother Father (5:00 p.m. Wednesday to 5:00 p.m. Sunday) .(7) Christmas (13t half) Father Mother (5:00 p.m. on last day of school till noon on December 27) Page 7 of 16 ¦ . (8) Christmas (2nd half) Mother Father (from noon on December 27 until noon on January 3, unless school resumes before that date in which event custodial parent shall return physical custody of children to the other parent at 5:00 p.m. the day before school resumes) (9) Mother's Day Weekend Mother Mother (5:00 p.m. Friday to 5:00 p.m. Sunday) (10) Father's Day Weekend Father Father (5:00 p.m. Friday to 5:00 p.m. Sunday) (11) Samantha's Birthday: Mother Father (November 5th)' (12) Noah's Birthday: Mother Father (September 25th) (13) Mother's Birthday: Mother Mother (March 11th) (14) Father's Birthday: Father Father (September 15th) 13. Child Support. The parties agree that neither parent will pay child support to the other so long as the current custody agreement remains in effect. Should this arrangement change, the parties agree to re-visit child support should one party have full physical custody of both children. 14. Child Carl Costs. The parties agree that they will each be solely responsible for any child care costs they incur during times when the children are in their care and control. Page 8 of 16 ¦ . 15. Child Education Costs. The parties agree that they will split any grade school educational costs 50/50. The parties agree that neither has any responsibility to provide any support for college or any other secondary education. Any monies received for the benefit of the children's education will be solely owned by the receiving child. In the event that the child does not use said funds, the money will be given to Husband, who will assume any and all taxes owed. 16. Suousal Support/Alimony Pendente Lite/Alimony. Husband and wife both agree to waive spousal support, alimony or alimony pendente lite. 17. Pensions and Retirement. The parties will retain any and all pensions or retirement account solely in their names. Upon the signing of this agreement, the parties understand that as of date of separation, Husband and Wife hereby waive any and all claim, right, or interest which he/she may have in any pension or retirement of Wife or Husband. 18. Tax Filinc. The parties agree to file their 2009 tax return as married, but filing separate. The parties will file their 2010 and every subsequent year following separately. The parties agree that Husband and Wife may each claim one of the children on his or her tax returns every year. Upon the graduation from college, or when the IRS no longer permits for the inclusion of one of the children as a deduction, the parties agree to rotate the other child every other year until both children have reached the age of majority and are no longer permitted to be included as a dependency exemption for IRS tax filing purposes. Page 9 of 16 19. Medical Insurance. Wife currently provides health insurance for Husband and for children. Wife will continue to provide health insurance for Husband even after the divorce is final. Wife will continue to provide health insurance for the children. The parties will split any uncovered health insurance costs for the children 50/50. 20. Bank accounts of the parties. The parties agree that Husband will retain the following bank accounts, and any funds located in them: 1) Business Checking account with Commerce Bank, account ending in -6405, with an approximate balance of $0, as of July, 2008. 2) Personal Checking account with Commerce Bank, account ending in -3060, with an approximate balance of $0, as of July, 2008. 3) Personal Savings account with Commerce Bank, account ending in -4077, with an approximate balance of $0, as of July, 2008. 21. Debts of the parties. The parties agree that Husband will assume sole responsibility for the following debt: 1) 1000 of the $80,000.00 debt owed to Matthew J. Dobbie. 2) 1St mortgage on 3010 Morningside Drive, Camp Hill, Pennsylvania. 3) 2nd mortgage on 3010 Morningside Drive, Camp Hill, Pennsylvania. 4) $800.00 debt owed to Susan Chandler. 5) an Personal Washington approximate balance Mutual VISA credit card of $5000.00 (+/-), as of ending in -3413, with July, 2008. 6) Personal Platinum VISA credit card ending in approximate balance of $1000 (+/-), as of July, -7414, with an 2008. 7) Business Capital One approximate balance of VISA credit card ending in -2551, with an $500.00(+/-), as of July, 2008. Page 10 of 16 Any other debt not listed above or that is titled jointly in both Husband and Wife's names(i.e. credit cards, personal loans, advances, etc.), are the sole responsibility of Wife. Any debt created (i.e.. credit cards, personal loans, advances, etc.)from the date of separation, is the sole responsibly of the person who assumed the debt. The parties agree to remove each others names from said debt and to provide proof of this removal if requested. 22. Life Insurance Policy. Each party of this agreement agrees that Husband and Wife may maintain separate insurance policies and name either each other as the beneficiary for said policy, however, nothing in this agreement shall restrict or preclude either party from naming any third party as the beneficiary of their own personal life insurance policy. It is understood by both parties, that the purpose of naming each other or a third party is for the benefit of and to ensure that their two children in this agreement are adequately provided for in the event of an early demise by either parent. 23. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. Page 11 of 16 24. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. B. Enters into this agreement voluntarily after receiving the advice of independent counsel, free from fraud, undue influence, coercion or duress of any kind. C. Has given careful and mature thought to the making of this agreement. D. Has carefully read each provision of this agreement. E. Fully and completely understands each provision of this agreement. 25. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 26. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 27. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or Page 12 of 16 abrogated by another written instrument to that effect signed by each of the parties hereto. 28. Future Earnings. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. . However, each party agrees that for purposes of calculation of alimony, alimony pendente lite, or spousal support, to provide each other with current statements of income which shall be used to keep the support current according to the rules as provided by the Pennsylvania Support Guidelines. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other, other than to agreed to by this document. The parties agree that if a divorce complaint is ever filed, this agreement may be modified to reflect new income amounts and thus new support amounts for purposes of calculating alimony, alimony pendente lite, or spousal support. 29. Waiver of Riqhts. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. Page 13 of 16 30. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 31. Survival of Agreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 32. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 33. Agreement Binding on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. 34. Headings. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. Page 14 of 16 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day an r ab ve first written. (SEAL) W I T N S MICHAEL TODD CHANDLER WEALTH// 1 PENNSYLVANIA: . ss. COUNTY OF On this, the ;4 day of , 2010, before me, a Notary Public, the undersigned offi er, p sonally appeared MICHAEL TODD CHANDLER, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA NOTARIAL 501 JENNIFER A. MEARKLE, Notary Public ' New Cumberland Boro. Cumberland Co. My Commission Expires July 7, 2012 Notary Public SEAL TNESS /1 KAY L ENE CHANDLER COMMONWEALT OF PENNSYLVANIA: ss. COUNTY 0 1? On this, the T b day of ??n , 2010, before me, a Notary Public, the undersigned officer, p &sonally appeared KAY LORENE CHANDLER, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL A/A JENNIFER A. MEARKLE, Notary Public ;? I a-Notary Public New Cumberland Boro. Cumberland Co. My Commission Expires July 7, 2012 Page 15 of 16 1: EXHIBIT "A" HUSBAND'S PROPERTY 1. All exercise equipment 2. Washer and dryer 3. The name, KMS Auto Customizing 4. All assets and equipment associated with KMS Auto Customizing (including but not limited to, tools, inventory, etc.) Page 16 of 16 08.3376 FUD-Cf- - Agreement 1-8-2010.wpd OF THE j HCE P?pJT-Ho,,0T 2010 FEB -5 PM 1: 53 A G R E E M E N T THIS AGREEMENT, made this day of ??Y1v? 2010, by and between MICHAEL TODD CHANDLER, of Cumberland County, Pennsylvania, (hereinafter referred to as "Husband"), and KAY LORENE CHANDLER, of Cumberland County, Pennsylvania, (hereinafter referred to as "Wife"); WI TNESSETH: WHEREAS, Husband and Wife were lawfully married on September 13, 1997, in Cumberland County, Pennsylvania; and WHEREAS, Two children have been born of this marriage, SAMANTHA MARIE CHANDLER, date of birth November 5, 1997, and NOAH MATTHEW CHANDLER, date of birth September 25, 2004; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony Page 1 of 16 and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Disclosure of Assets. Each party asserts that he or she has made a full and fair disclosure of all of the real and personal property of any nature whatsoever belonging in any way to each of them of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every 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 into this agreement. 2. Advice of Counsel. The Husband has been represented by Elizabeth B. Stone, Esquire who has drafted this legal document. The Wife has been advised that she should seek counsel; however, she has chosen to have no legal representation at this time. This agreement has been fully explained to the Husband by his attorney. Each party acknowledges by their signature of this document that each has carefully read this agreement and is completely aware, not only of its contents, but also of its legal effect. Page 2 of 16 3. Lawfulness of Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 4. Freedom from Interference. Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt.to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. Release of Claims. Wife and Husband each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all 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, of 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 Page 3 of 16 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 a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) 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 the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof. It is the intention of Wife and Husband to give to each other by the execution of this agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 6. Warranty as to Future Obligations. Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable, and that except only for the rights arising out of this agreement, neither party will hereafter incur any liability whatsoever for which the other party Page 4 of 16 or the estate of the other party, will be liable. Each party agrees to indemnify or hold the other party harmless from and against all future obligations of every kind incurred by them, including those for necessities. 7. Personal Property. Wife and Husband do hereby acknowledge that they have heretofore divided the marital property including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and, Husband agrees that all property in the possession of Wife shall be the sole and separate property of Wife. Each of the parties does hereby specifically waive, release, renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the above items which are the sole and separate property of the other. Any specific items which shall remain Husband's sole possession are listed on Exhibit "A" attached. Any items not listed herein or which have already separated, shall remain in Husband's sole possession. 8. Automobiles to Husband. The Husband shall be the sole owner, free and clear from any claim on the part of the Wife, of the 1999 Ford Expedition (Serial Number XXXXXXXXXXXXX8627), 1998 International 4900 24' Straight Truck (Serial Number XXXXXXXXXXXXX4312), and 1983 BMW 320i (Serial Number XXXXXXXXXXXXX5036). 9. Automobile to Wife. The Wife shall be the sole owner, free and clear from any claim on the part of the Husband, of the 2004 Ford Freestar. Page 5 of 16 10. Property Not Provided For. The parties hereto agree that they have, by the terms of this agreement, settled, to their mutual satisfaction, all rights that either may have in their property, whether owned by them jointly or separately, real and personal, and wheresoever situated. Any property not specifically provided for in this agreement, which the Husband or Wife owns or has the right to control or possess, shall be and remain his or her property, free and clear from any claim on the part of the other. 11. Real Estate. Husband and Wife hereby agree that Husband may remain in the marital home located at 3010 Morningside Drive, Camp Hill, Cumberland County, Pennsylvania. Husband shall be solely responsible for all of the maintenance, repair and other costs associated with the residence, including, but not limited to the mortgage, taxes, insurance, and utilities. From the date of this agreement, Husband agrees to assume as his sole obligation any and all mortgage payments, taxes, claims, damages or other expenses incurred in connection with said premises, and Wife agrees and covenants to hold Wife harmless from any such liability or obligation. Thus, the parties herein agree that Husband shall be entitled to claim the mortgage payments, interest, taxes and any other payments associated with the real estate as income tax deductions or for other valid purposes not named herein. DEED TO BE HELD IN ESCROW. The parties agree to sign a deed transferring the property from Husband and Wife's name to Husband's name only. This signed deed shall be recorded in the Recorder of Deeds Office in Cumberland County. Page 6 of 16 12. Child Custody/Visitation/Vacations. The parties agree to share joint legal custody of the parties two minor children; SAMANTHA MARIE CHANDLER, date of birth November 5, 1997, and NOAH MATTHEW CHANDLER, date of birth September 25, 2004. The parties will physically share custody equally, 50150. Each parent will have a minimum of two (2) weeks vacation, per year, with the children. The two weeks vacation may not be consecutive, unless agreed to by the parties. The parties will alternate holiday visitation every. other year. This is more clearly laid out in the Holiday Schedule listed below. HOLIDAY ODD-NUMBERED YEARS EVZN-NUMBERED YEARS (1) Easter Weekend Father Mother (5:00 p.m. Friday to 5:00 p.m. Sunday) (2) Memorial Day Mother Father (3) 4tn of July Father Mother (4) Labor Day Weekend Mother Father (5:00 p.m. Friday to 5:00 p.m. Monday) (5) Halloween Father Mother (6) Thanksgiving Mother Father (5:00 p.m. Wednesday to 5:00 p.m. Sunday) .(7) Christmas (1st half) Father Mother (5:00 p.m. on last day of school till noon on December 27) Page 7 of 16 (8) Christmas (211 half) Mother Father (from noon on December 27 until noon on January 3, unless school resumes before that date in which event custodial parent shall return physical custody of children to the other parent at 5:00 p.m. the day before school resumes) (9) Mother's Day Weekend Mother Mother (5:00 p.m. Friday to 5:00 p.m. Sunday) (10) Father's Day Weekend Father Father (5:00 p.m. Friday to 5:00 p.m. Sunday) (11) Samantha's Birthday: Mother Father (November 5th)' (12) Noah's Birthday: Mother Father (September 2511) (13) Mother's Birthday: Mother Mother (March 11th) (14) Father's Birthday: Father Father (September 15t1) 13. Child %Mort. The parties agree that neither parent will pay child support to the other so long as the current custody agreement remains in effect. Should this arrangement change, the parties agree to re-visit child support should one party have full physical custody of both children. 14. Child Caro Costs. The parties agree that they will each be solely responsible for any child care costs they incur during times when the children are in their care and control. Page 8 of 16 15. Child Education Costs. The parties agree that they will split any grade school educational costs 50/50. The parties agree that neither has any responsibility to provide any support for college or any other secondary education. Any monies received for the benefit of the children's education will be solely owned by the receiving child. In the event that the child does not use said funds, the money will be given to Husband, who will assume any and all taxes owed. 16. Spousal SmMort/Alimony Pendente Lite/Alimony. Husband and wife both agree to waive spousal support, alimony or alimony pendente lite. 17. Pensions and Retirement. The parties will retain any and all pensions or retirement account solely in their names. Upon the signing of this agreement, the parties understand that as of date of separation, Husband and Wife hereby waive any and all claim, right, or interest which he/she may have in any pension or retirement of Wife or Husband. 18. Tax Filing. The parties agree to file their 2009 tax return as married, but filing separate. The parties will file their 2010 and every subsequent year following separately. The parties agree that Husband and Wife may each claim one of the children on his or her tax returns every year. Upon the graduation from college, or when the IRS no longer permits for the inclusion of one of the children as a deduction, the parties agree to rotate the other child every other year until both children have reached the age of majority and are no longer permitted to be included as a dependency exemption for IRS tax filing purposes. Page 9 of 16 19. Medical Insurance. Wife currently provides health insurance for Husband and for children. Wife will continue to provide health insurance for Husband even after the divorce is final. Wife will continue to provide health insurance for the children. The parties will split any uncovered health insurance costs for the children 50/50. 20. Bank accounts of the parties. The parties agree that Husband will retain the following bank accounts, and any funds located in them: 1) Business Checking account with Commerce Bank, account ending in -6405, with an approximate balance of $0, as of July, 2008. 2) Personal Checking account with Commerce Bank, account ending in -3060, with an approximate balance of $0, as of July, 2008. 3) Personal Savings account with Commerce Bank, account ending in -4077, with an approximate balance of $0, as of July, 2008. 21. Debts of the parties. The parties agree that Husband will assume sole responsibility for the following debt: 1) 100% of the $80,000.00 debt owed to Matthew J. Dobbie. 2) 1st mortgage on 3010 Morningside Drive, Camp Hill, Pennsylvania. 3) 2" mortgage on 3010 Morningside Drive, Camp Hill, Pennsylvania. 4) $800.00 debt owed to Susan Chandler. 5) an Personal Washington approximate balance Mutual VISA credit card of $5000.00 (+/-), as'of ending in -3413, with July, 2008. 6) Personal Platinum VISA credit card ending in approximate balance of $1000 (+/-), as of July, -7414, with an 2008. 7) Business Capital One approximate balance of VISA credit card ending in -2551, with an $500.00(+/-), as of July, 2008. Page 10 of 16 Any other debt not listed above or that is titled jointly in both Husband and Wife's names(i.e. credit cards, personal loans, advances, etc.), are the sole responsibility of Wife. Any debt created (i.e. credit cards, personal loans, advances, etc.)from the date of separation, is the sole responsibly of the person who assumed the debt. The parties agree to remove each others names from said debt and to provide proof of this removal if requested. 22. Life Insurance Policy. Each party of this agreement agrees that Husband and Wife may maintain separate insurance policies and name either each other as the beneficiary for said policy, however, nothing in this agreement shall restrict or preclude either party from naming any third party as the beneficiary of their own personal life insurance policy. It is understood by both parties, that the purpose of naming each other or a third party is for the benefit of and to ensure that their two children in this agreement are adequately provided for in the event of an early demise by either parent. 23. Payment of Attorney Fees. Each party of this agreement hereby agrees that each of them will be solely responsible for the full payment of all attorney's fees and other costs heretofore and hereafter incurred, respectively, by each of them in connection with the negotiation, preparation, and execution of this agreement, and in connection with any action. commenced by either party with respect to the divorce of the parties. Each party further agrees hereby to indemnify and hold the other party harmless from any demand, claim, loss, cost and expense (including additional attorney's fees) arising from a failure to pay all of the aforesaid attorney's fees and other costs. Page 11 of 16 24. Informed and Voluntary Execution. Each party to this agreement acknowledges and declares that he or she, respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this agreement and as to the rights and liabilities of both parties. B. Enters into this agreement voluntarily after receiving the advice of independent counsel., free from fraud, undue influence, coercion or duress of any kind. C. Has given careful and mature thought to the making of this agreement. D. Has carefully read each provision of this agreement. E. Fully and completely understands each provision of this agreement. 25. Mutual Cooperation. The Husband and the Wife shall each concurrently herewith, or at any time hereafter on the demand of the other, execute any other documents or instruments, and do or cause to be done any other acts and things as may be necessary or convenient to carry out the intents and purposes of this agreement. 26. Severability. If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired in invalidated in any way. 27. Reconciliation. If there should be a reconciliation of the parties after the date of execution of this agreement, this agreement shall nevertheless continue in full force until it is modified or Page 12 of 16 abrogated by-another written instrument to that effect signed by each of the parties hereto. 28. Future Earnings. All income, earnings or other property received or acquired by either party to this agreement on or after the date of execution of this agreement shall be the sole and separate property of the receiving or acquiring party. . However, each party agrees that for purposes of calculation of alimony, alimony pendente lite, or spousal support, to provide each other with current statements of income which shall be used to keep the support current according to the rules as provided by the Pennsylvania Support Guidelines. Each party, as of the effective date of this agreement, does hereby and forever waive, release and relinquish all right, title and interest in all such income, earnings or other property so received or acquired by the other, other than to agreed to by this document. The parties agree that if a divorce complaint is ever filed, this agreement may be modified to reflect new income amounts and thus new support amounts for purposes of calculating alimony, alimony pendente lite, or spousal support. 29. Waiver of Rights. Each of the parties hereby irrevocably waive all rights which he or she may have to request any court to equitably distribute the marital property of the parties or to have alimony, alimony pendente lite or counsel fees awarded to either party, it being the express intention of the parties hereto to fully settle all claims which they have with respect to each other in this agreement. Each of the parties further agree to consent to the entry of a Decree in Divorce. Page 13 of 16 30. Waiver of Breach. The waiver of any term, condition, clause or provision of this agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this agreement. 31. Survival of Agreement. If any term, condition, clause or provision of this agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, provision or provisions, shall be so construed, being the express intention of both parties hereto to have this agreement govern their relationship now or hereafter, irrespective of their marital status. 32. Jurisdiction. This agreement shall be construed under the laws of the Commonwealth of Pennsylvania, and both parties consent and agree to the jurisdiction of the Court of Common Pleas of Cumberland County, Pennsylvania, on account of any suit or action brought with respect to this agreement or any provisions or matters referred to in any provisions thereof. 33. Agreement Binding on Parties and Heirs. This agreement shall be binding in all its terms, conditions, clauses and provisions of the parties hereto and their respective heirs, administrators, executors and assigns. 34. Headinas. The headings or captions preceding the paragraphs in this agreement are inserted for convenience of reference only and shall not be construed in interpreting this agreement. Page 14 of 16 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day/aDRe-?ear above first written. WI (SEAL) MICHAEL TODD CHANDLER COM'I?ION ALTH OF PENNSYLVANIA: COU Y OF C x` QA ss. On this, the day of 370nnvk 2010, before me, a Notary Public, the undersigned officer, pe sonally appeared MICHAEL TODD CHANDLER, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA JENNIFER A. MEARKLE, Notary Public New Cumberland Boro. Cumberland Co. MY 'ssion Expires July 7, 2012 Notary Public WITNESS J? ? ?? ll/Y1 ?-J (SEAL) KAY LORENE CHANDLER COMM: H OF PENNSYLVANIA: ?,,?o?tu. SS. COUN OF On this, the day of 2010, before me, a Notary Public, the undersigned officer, ersonally appeared KAY LORENE CHANDLER, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. 411?, COMMONWEALTH OFF PENNSYLVANIA yep SEAL JENNIFER A. MEARKLE, Notary Public Notary Public New Cumberland Boro. Cumberland Co. My Commission Expires July 7, 2012 Page 15 of 16 EXHIBIT "A" HUSBAND'S PROPERTY 1. All exercise equipment 2. Washer and dryer 3. The name, KMS Auto Customizing 4. All assets and equipment associated with KMS Auto Customizing (including but not limited to, tools, inventory, etc.) Page 16 of 16 ELIZABETH B. STONE, ESQ ATTORNEY ID NO. 60251 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR PLAINTIFF THE P 7T VOTARY 2010 FEB -5 PM 1: 54 CU14 B t ". ;,4b a, oUNTY PENNSYLVANIA MICHAEL TODD CHANDLER : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KAY LORENE CHANDLER Defendant NO. 08-3370 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section to 3301C ? 3301D of the Divorce Code. (Check applicable code) 2. Date and manner of service of the complaint June 19, 2009, via service upon Defendant, Kay Lorene Chandler, by signing Acceptance of Service, which wasfiled on July 9, 2008 with the Prothonotary's Office.. 3. (Complete either paragraph (A) or (B).) (A) Date of execution of the affidavit of consent required by Section 3301(c) of the divorce code: By plaintiff 112812010 by defendant 112812010 (B) (1) Date of execution of the affidavit of consent required by section 3301(c) of the divorce code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent 4. Related claims pending: No claims raised 5. (Complete either (A) or (B).) (A) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (B) Date plaintiff's Waiver of Notice in § 3301(c) orce was filed with the Prothonotary: Date defendant's Waiver of Notice in § 33 (c) Divorce was filed with the Prothonotary: By: forlaintiff ? Defendant MICHAEL TODD CHANDLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KAY LORENE CHANDLER NO. 08-3370 CIVIL TERM DIVORCE DECREE AND NOW, it is ordered and decreed that MICHAEL TODD CHANDLER plaintiff, and KAY LORENE CHANDLER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Agreement dated January 28, 2010, is hereby incorporated, but not merged into the Decree in Divorce. By the Court, Aft t: J. rothonotary r?' /?- ?? ? ?"?