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HomeMy WebLinkAbout04-1296ELIZABETH T. GIBSON, Plaintiff VS. WILLIAM D. GIBSON, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. O ~/-/-~ ~C CIVIL TERM IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the c~aims 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 Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 E]AR ASSOCIATION 32 BEDFORD STREET CARUSLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS SttUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plainti[ - /~ar~l ~J. Lindsay,'~squire ID~¢44693 -- 26 West High Street Carlisle, PA 17013 (717) 243-6222 ELIZABETH T. GIBSON, : : Plaintiff : ., VS. : : WILLIAM D. GIBSON, JR., : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. o Y. /2 ¢C CIVIL TERM IN DIVORCE COMPLAINT SAIDIS SHUFF, FLOWER & LINDSAY , Plaintiff, by attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Elizabeth T. Gibson, who currently resides at 157 East South Street, Carlisle, Cumberland County, Pennsylvania, 17013 where she has resided since May, 1989. 2. The Defendant is William D. Gibson, Jr., who currently resides at 129 S. Belvidere Street, York, York County, Pennsylvania, 17404 where he has resided since July, 2003. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 20, 1983, at York, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divome on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d)of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in mardage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date: SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ~ 26 West ~ Street Carlisle, PA 17013 (717) 243-6222 SAIDIS ;HUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ELIZABETH T. GIBSON, : .' Plaintiff : ,. VS. ; .. WILLIAM D. GIBSON, JR., : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. CIVIL TERM IN DIVORCE VERIFICATION I, Elizabeth T. Gibson, the undersigned, hereby verify that the statements made herein 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. E¥~zabeth T. Gibson, Plaintiff Date: SAIDIS ~UFF, FLOWER & LINDSAY Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ELIZABETH T. GIBSON, Plaintiff VS. WILLIAM D, GIBSON, JR,, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-1296 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, William D. Gibson, Jr., Defendant above, accept service of the Complaint in Divorce in the above captioned matter. APR 0 $ 2004. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Streel Carlisle, PA ELIZABETH T. GIBSON, Plaintiff : : VS. . WILLIAM D. GIBSON, JR.,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-1296 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER §3301(c) OF THE DIVORCE CODF AND WAIVER OF COUNSELINR A Complaint in Divorce under §3301 (c) o~ the Divorce Code was filed March 26. 2004. The marriage of plaintiff and defendant is irretrievably broken and ninety days have eJapsed from the date of filing and service of the Complaint. 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .~ 3301 lc} OF THE DIVORCE CODF I consent to the entry of a final Decree of Divorce without notice. 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 understand that I will not be divorced until a Divorce Decree is entered by the Court and that ~ copy of !.he Decree wi~i 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities lizabefi~ T. Gibson © PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this / -~ -J~ dayof 2004, BY AND BE'FWEEN ELIZABETH T. GIBSON, of 157' East South Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife, AND WILLIAM D. GIBSON, JR. of 129 S. BeIvidere, York, Pennsylvania, 17404-3624 hereinafter referred to as Husband. RECITALS: R.I: The parties hereto are Husband and Wife, having been joined in marriage on August 20,. 1983 in York, Pennsylvania, and having separated in or about 1999; and R.2: The parties intend to divorce and to that end Wife will file a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania and Husband will accept service of the Complaint; and R,3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of ail matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Within ten (10) days of the date of this agreement, Wife will file a Complaint in Divorce and Husband will accept service. Ninety (90) days after service, the parties will file Affidavits of Consent and Waivers of Notice so that the divorce can be finalized. (3) REAL PROPERTY: The parties are owners of real estate at 157 East South Street, Carlisle, Cumberland County, Pennsylvania. In addition, the parties are owners with David and Sandra Gibson of a certain tract of real estate which includes 158 East Chapel Avenue, Carlisle, Pennsylvania, the site of a business owned by Husband and his brother, Gibson Auto Sales and Service Incorporated, and a townhouse at '159 East South Street, Carlisle, Pennsylvania, which adjoins the marital home. Husband is in the process of selling his interest in the Gibson Auto Sales and Service, IncoEoorated to David Gibson. The transaction contemplated calls for subdivision of the tract on which the Gibson Auto Sales and Service, Incorporated sits from the townhouse adjoining the marital home. Upon subdivision, Husband will transfer to Wife all his right, title and interest in 159 East South Street, Carlisle, Cumberland County, Pennsylvania and 157 East South Street, Carlisle, Cumberland County, Pennsylvania. Wife will refinance the mortgage held by Member's First so that Husband is no longer liable thereon. Pending refinance and continuing thereafter, Wife will pay all charges on account of the marital home including the mortgage, taxes and insurance and utilities and she will indemnify and hold the Husband harmless on account of any loss from the two townhouses which Wife is receiving in equitable distribution. (4) DEBT: A. ~tARTIAL DEBT: Upon their separation in 1999 the parties had obligation for credit card debt on joint accounts. Subsequent to separation the parties each added to the credit card debt while living apart but made certain payments on account of that debt. The parties have agreed that when their finances were divided on or about December 1st, 2002 there was $19,042.00 in credit card debt which Wife accepted and has agreed to pay. In addition, Wife incurred certain interest on the outstanding balance on the credit cards. As a result, upon settlement from the sale of the Gibson Auto Sales and Service Incorporated as more fully set out below, Husband will reimburse Wife for $21,901.00 which is one half (1/2) share of the credit card debt which Wife is assuming together with $11,265.00 in back child support accrued through February 2004. Wife will pay all joint credit card debt and indemnify and hold Husband harmless on account of that debt. At her option, she may pay the credit card in full or, in the alternative; she may make timely monthly payments in at least the minimum amount due by the creditors until the obligation is paid in full. B: Post Separalion Debt: In the event that either party contracted or incurred any debt since 1999 other than the credit card debt referred to in Paragrah 4 (Al above, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. As a part of the sale of Husband's business, Husband will negotiate for Wife to receive the van which she has been driving since separation. The van is currently owned by the business but Husband will ensure that it is titled into Wife's name upon the sale of the business. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Husband has no retirement benefits. Wife started a 401(k) Plan subsequent to separation. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice. Wife is represented by Carol J. Lindsay, Esquire and Husband is unrepresented but is advised of his right to review this agreement with counsel. Each party acknowledges and accepts that this agreement is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (t0) SALE OF BUSINESS: As set out herein Husband is the owner with his brother of Gibson Garage and will be selling his interest to his brother. The proceeds of the sale of the Gibson Garage shall be Husband's property and the fund from which he will make payment to Wife, on the same day as the sale of the Garage, of the amounts set out in paragraph 4 (A) above. With the exception of those promises mede in this agreement, Wife waives any interest she has in the proceeds of sale of the Gibson Garage. (tt) CHILD SUPPORT: The parties are parents of three children, William Keegan Gibson, bom October 8, '1986, Erin Elizabeth Gibson, bom September 14th, 1988 and Connor Christopher Gibson, bom April 10, 1991. By the terms of a separation agreement of December 17th, 2002, Husband was paying to Wife $300.00 per week for child support. Husband has brought current his child support obligation pursuant to that agreement with a payment of $11,265.00 as more particularly set out in paragraph 4(A) above. In addition, by the terms of the instant agreement, Husband will pay to Wife $3,900.00 which WEe will deposit into an escrow account and from which she will pay herself child support in the amount of $150.00 per week for 6 months (26 weeks). Additionally, Husband will pay to Wife $150.00 per week commencing September 3, 2004 through October 7th, 2004. Thereafter, he will pay to Wife $200.00 per week for the support of the parties children. On September 13th, 2006, Husband's support to Wife will reduce to $100.00 per week. Child support shall cease on April 9m, 2009 when the youngest of the parties children attains eighteen (18) years of age. So long as Husband is paying support to Wife as set out heroin, the W'rfe will not seek to have this agreement on child support enforced through the office of Domestic Relations of Cumberland County. However, in the event that Husband does not make the child support payments as set out, Wife may seek to have this agreement enfomed through the Domestic Relations Office. Wife will maintain medical insurance on the children through her employment. (11) 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 requirod to give full force and effect to the provisions of this Agreement. ('12) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entiroly by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. {15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of madtal property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (t7) RELEASE OF ALL CLAIMS: Except as may be othen~ise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or cJaims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C, All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; and (2) under the laws of intestacy; (3) to a family exemption or similar allowance; (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations adsing out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Dlvorca Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All dghts, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (t9) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be me~ged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (2~) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the dght, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first wdtten above. WITNESS: Elizab/eth T. Gibson SAIDIS SHUFF, FLOWER & LINDSA¥ 26 W, High Street ELIZABETH T. GIBSON, Plaintiff : vs. WILLIAM D. GIBSON, JR.,: : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-1296 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER ~330t(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING A Complaint in Divorce under §3301 (c) of the Divorce Code was filed March 26, 2004. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (c) OF THE DIVORCE CODE consent to the entry of a final Decree of Divorce without notice. 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 understand that I will not be divorced until a Divorce Decree is entered by the Cour~ and that a copy of the Decree will be sent to me immediately after it Js flied with the Prothonotary, I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities ELIZABETH T. GIBSON, Plaintiff : .. VS. : : WILLIAM D. GIBSON, JR.,: : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 04-1296 CIVIL TERM IN DIVORCE SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA pRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 lc) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Defendant was served via Acceptance of Service signed by William D. Gibson, Jr. on April 4, 2004 and filed with Prothonotary on April 12, 2004. (copy enclosed) 3. (Complete either paragraph (al or lb)). (al Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff July 11, 2004; by the Defendant Qctober 12, 2004. Related claims pending: None' Resolved by Marital Property Settlement and Separation Agreement dated March 2004. Complete either (al or lb). (al Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: lb) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was flied with the Prothonotary: July 14, 2004 Date Defendant's Waiver of Notice in 3301~) Divorce was filed with Carol& Lindsay,/Es~u~re ~' Supreme Court 1~693 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS ELIZABETH T. GIBSON Plaintiff OF CUMBERLAND COUNTY STATE OF PEN NA. No. 04-1296 VERSUS WILLIAM D. GIBSON, JR. Defendant DECREE IN DIVORCE AND NOW, , ,~O~,., IT IS ORDERED AND DECREED THAT ElizaBeth T. Gibson , PLAINTIFF, AND William D. Gibson, Jr. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS .JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None; The terms of the Property and Separation Agreement of March 17, 2004 are incorporated but not merged into the Decree in Divorce.