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HomeMy WebLinkAbout08-4847JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KAREN L. STORM, Plaintiff vs. STEPHEN A. STORM, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No CS- 4$q7 alvi(Tenh CIVIL ACTION - AT LAW 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 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 Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 17013-3308 (717) 249-3166 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KAREN L. STORM, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No Q ?- ( 0' [ ? Lev , t 7 er, STEPHEN A. STORM, CIVIL ACTION - AT LAW Defendant DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Karen L. Storm, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. Plaintiff, Karen L. Storm, is an adult individual currently residing at 141 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Stephen A. Storm, is an adult individual currently residing at 141 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 27, 1977 in Millersburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 1 COUNT I - DIVORCE 6. Plaintiff avers that the grounds on which this divorce action is based are that the marriage is irretrievably broken. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such 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. 10. There are no dependent children from this marriage. 11. This action is not collusive. COUNT II - EQUITABLE DISTRIBUTION 12. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. To the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. 2 13. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution by this court. 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, and insurance policies acquired during their marriage, which are subject to equitable distribution by this court. COUNT III - ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 15. By reason of this action, Wife will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 16. Wife is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 17. Wife's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and costs of this litigation. 18. Husband has adequate earnings to provide for Wife's support and to pay her counsel fees, costs and expenses. COUNT IV - ALIMONY 19. Wife lacks sufficient property to provide for her reasonable needs. 20. Wife is unable to sufficiently support herself through appropriate employment. 3 21. Husband has sufficient income and assets to provide continuing support for the Wife after the entry of a Decree in Divorce. WHEREFORE, Plaintiff, Karen L. Storm, requests this Honorable Court: 1) Enter a Decree in Divorce; 2) Equitably distribute all property, both personal and real, owned by the parties; 3) Compel Husband to pay alimony pendente lite to Wife; 4) Compel Husband to pay post-divorce alimony to Wife; 5) Grant Wife's attorney's fees and costs; 6) Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: By: NNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Date: / 4 VERIFICATION I, Karen L. Storm, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: Karen L. Storm AU ? O 0'00 J t7 W A L-1 C7 C3 ti rr?, ?.. =4 HIM rrl JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KAREN L. STORM, Plaintiff vs. STEPHEN A. STORM, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No08-4847 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE AFFIDAVIT OF SERVICE I, Jeannd B. Costopoulos, Esquire, verify that the Complaint in Divorce filed August 12, 2008, was served upon the Defendant indicated above on August 16, 2008, by first class, Certified Mail No. 7007 0710 0001 9994 5092, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. §1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. By: JE E B. COSTOPOUL , SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse e so that vm 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: 4-y4or., Sd 1 qI SiM6te-u 1U?C i1f1-aA "C5 (1, x7051 A. Received by (Phase Print CWHd ) I B. Date of Delivery C. Agent D. Is ooIWery address ditw t from item 17 ? Yes If YES, enter delivery address below: ? No 3. Servo Certifl?d ail ? Express mail ? Regist4Md etum Receipt for Merchandise ? Insured Meth 0IC.O.D. 4. Restricted Delivery? (Extra Fee) 121.rl? 2. Article Number (Transfer ft m service label) '1 C 7007 71 0001 9994 5092 , PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 ;.., ,? ,ti :• .rr c -,-; c? ?? I ?:_i?IJ ?9`11} t,. 7 P11 PENPI!s JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KAREN L. STORM, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. STEPHEN A. STORM, Defendant No 08-4847 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PETITION FOR APPOINTMENT OF DIVORCE MASTER AND NOW comes the Plaintiff, Karen L. Storm, by and through her attorney, Jeannd B. Costopoulos, Esquire, and moves this Honorable Court to appoint a master with the respect to the following claims: Equitable Distribution, Attorney's Fees and Costs, Alimony In support of this motion, Plaintiff states; 1. Discovery is complete as to the claims for which the appointment of a master is requested. Any additional discovery issues that arise once a settlement conference has occurred will be addressed at that time. 2. Defendant is pro se. 3. The statutory grounds for the divorce are 3301(c) of the Divorce Code. 4. The action is contested with respect to the following claims: (a) Equitable Distribution of property (b) Attorney's Fees and Costs (c) Alimony 5. This action does not involve complex issues of law or fact; and 6. The hearing is expected to take one (1) day. Respectfully Submitted: By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff 2 ? l Z Dated: CERTIFICATE OF SERVICE I, Jeann6 B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Stephen A. Storm 141 Simmons Road Mechanicsburg, PA 17055 By: JEAN B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: (? z 2C!2 JUL -6 AM 8: 53 JEANNE B. COSTOPOULOS, ESQUIRE CUMBERLAND COUNTY Attorney I.D. No. 68735 PENNSYLVANIA 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff KAREN L. STORM, Plaintiff VS. STEPHEN A. STORM, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV No 08-4847 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE PRETRIAL STATEMENT KAREN L. STORM, PLAINTIFF AND NOW comes the Plaintiff, Karen L. Storm, by and through her attorney, Jeanne Costopoulos, Esquire, and respectfully submits the following Pretrial Statement: 1. BACKGROUND INFORMATION A. PARTIES WIFE Plaintiff NAME Karen L. Storm ADDRESS 37 Summer Lane, Mechanicsburg, PA 1705 0 AGE 60 YEAR OF BIRTH 1952 HEALTH Good EMPLOYER Sysco Central Pennsylvania OCCUPATION Administrative/Clerical HUSBAND Defendant NAME Stephen A. Storm ADDRESS 32 Lilac Drive, Mechanicsburg, PA 17055 AGE 60 YEAR OF BIRTH 1952 HEALTH Good EMPLOYER Retired federal employee OCCUPATION Retired B. CHILDREN OF THIS MARRIAGE/RELATIONSHIP None. C. MARRIAGE INFORMATION DATE OF MARRIAGE August 27, 1977 PLACE OF MARRIAGE Millersburg, PA DATE OF SEPARATION July 28, 2008 D. PRIOR MARRIAGES None. E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES None. F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED Complaint in Divorce filed by Wife on August 12, 2008. ISSUES RAISED IN DIVORCE (a) Divorce under section 3301(c) COMPLAINT AND SUBSEQUENT of the Divorce Code; Equitable PLEADINGS FILED BY PLAINTIFF Distribution of property (b) Attorney's Fees and Costs (c) Alimony ISSUES RAISED IN COUNTERCLAIM None. AND SUBSEQUENT PLEADINGS FILED BY DEFENDANT II.MARITAL ASSETS AND DEBTS Marital assets and debts of the parties consist of the following: Item Estimated value Proceeds from sale of marital residence on 4/28/11 J $191,457. 28 2002 Toyota Avalon KBB value as of 8/2/08 W 9,140. 30 2004 Lexus GX 470 SUV KBB value as of 8/3/08 H 24,990. 30 Wife's Members First Account 248376 as of 6/24/08 11 - Checking _ W 2,469. 57 00 - Regular Savings W 2,768. 10 05 - Money Management W 10,943. 92 41 - 11 mo. CD (as of 7/7/08) W 21,8731 39 Husband's Member's First Account 23765 as of 7/29/08 11 -Checking H 3,161. 12 00 - Regular Savings H 2,217. 27 05 - Money Management _ H 12,411. 96 41 - 11 mo. CD (as of 7/8/08) J 16,414. 24 Fidelity mutual funds (as of 2/7/2012) J 18,066.9 7 T. Rowe Price mutual funds (as of 6/30/08) J 9,036.7 1 Wife's Sysco stock (was $69,891.85 as of 4/25/08) Sysco stock sold by Wife on 3/10/09 W 50,400.9 6 Remaining Sysco Corp stock as of 1/31/2012 W 26,560.9 3 PPL stock was $5,970.83 when inherited by Wife 1/6/05 PPL stock was $8,538.83 as of 11/21/11 Marital increase of PPL stock: $2,568.00 W Community Banks stock was $20,352.95 when inherited by Wife on 4/25/05. Subsequently became Susquehanna Susquehanna stock $15,766.48 as of 11/21/2011 Marital decrease of Susquehanna stock: $4,586.47 1 Net marital decrease of inherited stock: $2,018.47 W U.S. Savings Bonds Series EE (as of 3/21/2012) 1 J 1 29,054.481 Wife's Sysco 401 K (as of 6/30/08) W 127,589. 10 Husband Thrift Savings Plan (as of 12/31/07) H 94,684. 20 Wife's Sysco Corp Retirement Plan (as of 8/25/08) W 62,416. 0 Husband's CSRS Pension (as of 8/25/08) H 671,904. 0 CSRS Survivor Benefit for Wife (as of 8/25/08) W 18,077. 0 TOTAL VALUE OF MARITAL ESTATE $1,405,637. 0 III.INCOME & EXPENSES Prior to his retirement, Husband's annual salary was approximately $89,000.00. retired in September of 2007 and it is believed he is receiving a monthly net of approximately $3,461.23 from his CSRS pension. Wife's income is as follows: AVERAGE GROSS PAY PER PERIOD: $2,260.00/111-WEEKLY Bi-weekly Itemized Payroll Deductions: TOTAL $842.38 Federal Withholding $229.55 Social Security (OASDI) 92.93 Medicare 32.08 Local Wage Tax 35.21 PA SUI/SDI tax 1.8 State Income Tax 67.5 Health Insurance 59.45 Lst 2.00 Stock purchase 190.00 401K 135.60 AVERAGE NET PAY PER BI-WEEKLY PAY 1,413.82 Other Income 0.00 Total Average Monthly Net Income $3,063.27 Wife's average monthly expenses are as follows: EXPENSES Monthly HOME Mortgage (w/taxes & insurance escrowed) 915.3 Home security 38.0 UTILITIES _ Electric 90.0 Gas _ 28,0 Water _ 21.0 Sewage 31.3 Trash 51.0 Cable 152.0 INSURANCE Automobile 45.0 Life 13.5 Health _ 118.9 AUTOMOBILE Fuel 200.0 PERSONAL Food 300.00 Haircare 40.00 TOTAL AVERAGE MONTHLY EXPENSES $2,044.02 IV.WITNESSES Witnesses who may be called to testify in addition to Wife are not known at this time. such additional witnesses are identified, Wife reserves the right to call them as witnesses upon proper notification to Husband. V.LISTING OF PROPOSED EXHIBITS (1) HUD sheet re sale of the Marital Residence (2) Blue Book printout re Toyota Avalon (3) Blue Book printout re Lexus (4) Members First Bank Account Statements for both parties as of separation (5) Fidelity mutual fund statements (6) T. Rowe Price mutual fund statements (7) Confirmation receipt re Wife's sale of Sysco stock 3/10/2009 (8) Statements re value of remaining Cysco stock (9) PPL stock documents (10) Community Banks/Susquehanna stock documents (11) Series EE U.S. Savings Bonds documentation (12) Wife's Sysco 401K statements (13) Report of Jonathan Cramer re Wife's Sysco Corp Retirement Plan and Husband's C Pension as of 8/25/2008 with survivor benefit for Wife (14) Wife's 2011 W-2 (15) Recent paystub of Wife (16) Post-master conference counsel fee statements of Wife VI.PROPOSED RESOLUTION A. DIVORCE: Wife has filed under section 3301(c) of the Divorce Code. Wife will sign Affidavit of Consent of Waiver of Notice of Intention and is hopeful that Husband will do same. If not, grounds have been established under 3301(d) of the Divorce Code as the parties' have been living separate and apart since July 28, 2008. However, neither party h, filed necessary documents regarding a 3301(d) divorce. B. EQUITABLE DISTRIBUTION: The marital estate should be equally divided with each receiving assets and debts with a net equivalent to 50% of the total value of the marital as set forth on the attached spreadsheet. C. ALIMONY: Wife will withdraw her alimony claim in the event she receives a fair share Husband's retirement assets. D. COUNSEL FEES: Husband should pay Wife's counsel fees incurred past the date of the initial conference before the master since Wife has offered to equally divide the marital and Husband is unreasonably refusing to consider an equitable division of the parties' DOM: 8/27/1977 DOS: 7/28/2008 His income: Final salary was $89K/ r ret'd fed em Her income: $53,560/ r Proceeds from sale of marital residence on 4/28/11 J $191,457.28 93,000.00 98,457.28 2002 Toyota Avalon (KBB value as of 8/2/08) W 9,140.00 9,140.00 2004 Lexus GX 470 SUV (KBB value as of 8/3/08) H 24,990.00 24,990.00 Wife's Members First Account 248376 as of 6/24/08 11 - Checking w 2,469.57 2,469.57 00 - Regular Savings W 2,768.10 2,768.10 05 - Money Management w 10,943.92 10,943.92 41 -11 mo. CD as of 7/7/08 W 21,873.69 21,873.69 Husband's Member's First Account 23765 as of 7/29/08 11 - Checking H 3,161.12 3,161.12 00 - Regular Savings H 2,217.27 2,217.27 05 - Money Management H 12,411.96 12,411.96 41 - 11 mo. CD as of 7/8/08 J 16,414.24 16,414.24 Fidelity mutual funds as of 2/7/2012 J 18,066.97 18,066.97 T. Rowe Price mutual funds as of 6/30/08 J 9,036.71 9,036.71 Wife's S sco stock was $69,891.85 as of 4/25/08 S sco stock sold b Wife on 3/10/09 W 50,400.96 50,400.96 Remaining S sco Corp stock as of 1/31/2012 W 26,560.93 26,560.93 U.S. Savings Bonds Series EE as of 3/21/2012 J 29,054.48 29,054.48 Wife's S sco 401 K as of 6/30/08 W 127,589.40 127,589.40 Husband Thrift Savings Plan as of 12/31/07 H 94,684.20 94,684.20 Wife's S sco Corp Retirement Plan as of 8/25/08 W 62,416.00 62,416.00 Husband's CSRS Pension as of 8/25/08 H 671,904.00 472,354.35 199,549.65 CSRS Survivor Benefit for Wife as of 8/25/08 W 18,077.00 18,077.00 TOTAL MARITAL ESTATE 1,405,637.80 702,818.90 702,818.90 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: 2. Attorney for Plaintiff, Karen A. Storm ` ? ? U l CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, addressed as follows: John J. Mangan, Esquire 17 W. South Street Carlisle, PA 17013 By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 74 ?? Ul Z Attorney for Plaintiff, Karen A. Storm Dated: -~F r=~j-fir=~° ~. ~. ~~~zt~av Zo are 9: ~a rUM6ER~.AP~~ cau~~r~- KAREN L. STORI~I,~~~SY~-~ANlA :THE COiJRT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. STEPHEN A. STORM, Defendant To the Prothonotary: No 08-4847 CIVIL TERM CIVIL ACTION - AT LAW DIVORCE r PRAECIPE TO TRANSMIT RECORD Please 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 service of the Complaint: Service on August 26, 2008, by first class, Certified Mail No. 7007 0710 0001 9994 5092. See Affidavit of Service filed August 26, 2008. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plaintiff: September 25, 2012; by the Defendant: September 25, 2012. 4. Related claims pending: None. Please incorporate without merging the Marital Settlement Agreement of the parties dated September 25, 2012 and filed September 28, 2012. 5. Date Plaintiff's Waiver of Notice in §3301(c) divorce was filed with the Prothonotary: September 28, 2012. Date Defendant's Waiver ofNotice in §3301(c) divorce was filed with the Prothonotary: September 28, 2012. By: JEA NE B. COSTOPOULOS, ESQUIRE `- Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ATTORNEY FOR PLAINTIFF Date: l~~o~Za~ ~ KAREN L. STORM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN A. STORM No. 08-4847 DIVORCE DECREE AND NOW, `~~'?~', ~1.~~. ~~ ~~ `~, ~~;' ~' =~- , it is ordered and decreed that KAREN L. STORM plaintiff, and STEPHEN A. STORM ,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.") IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that the terms, provisions anti conditions of the attached Marital Settlement Agreement between the parties dated September 25, 2012 and filed on September 28, 2012, are hereby incorporated in this Decree in Divorce by reference as though fully set forth herein at length. By the Court,