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HomeMy WebLinkAbout01-1324LORI J. KLESS, DAVID R. KLESS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKETNO. ~/)/- ,/~.2~¢ ~-~ CIVIL ACTION - 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 claim of 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 grounds 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, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LORIJ. KLESS, DAVID R. KLESS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NOi : CIVIL ACTION - DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling. LORIJ. KLESS, DAVID r. KLESS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. : CIVIL ACTION - DIVORCE COMPLAINT COUNT I - Divorce 23 Pa. C.S.A. §330'1(c) 1. Plaintiff Lori J. Kless, is an adult individual residing at U-3 Antrim Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant David R. Kless, is an adult individual residing at U-3 Antrim Ddve, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on September 15, 1992 in Falls Church, Virginia. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There have been no prior actions of divorce between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers that there are no children born of this marriage. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. DATED: March 6, 2001 By: Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff VERIFICATION I, Lori Kless, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief, This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. §4904 relating to unswom falsification to authorities. DATED: LORI J. KLESS, DAVID R. KLESS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 01-1324 : CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Mark K. Emery, Esq., hereby swear and affirm that service of the Divorce Complaint was made upon the Defendant, David Kless, by mailing a true and correct copy of the Complaint on Mamh 12, 2001, to U-3 Antdm Drive, Mechanicsburg, PA 17050. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. DATED: Mamh 13, 2001 By: Mark K. Emery / Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff LORI J. KLESS, DAVID R. KLESS, Plaintiff IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · DOCKET NO. 01-1324 Defendant : CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I, David Kless, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce, in full satisfaction of the Pennsylvania Rules of Civil Procedure. Date: David Kless LORIJ. KLESS, DAVID R. KLESS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 01-1324 : CIVIL ACTION - DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 8, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unswom falsification to authorities. DATE: ~' (~'~1 LORI J. KLESS, DAVID R. KLESS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 01-1324 : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be 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.A. Section 4904, relating to unsworn falsification to authorities. LORI J. KLESS, DAVID R. KLESS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-1324 CIVIL ACTION - DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 8, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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,A, Section 4904, relating to unsworn falsification to authorities. David R, Kless LORI J. KLESS, DAVID R. KLESS, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 01-1324 : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be 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.A. Section 4904, relating to unsworn falsification to authorities, David R. Kless LORI J. KLESS, DAVID R. KLESS, Plaintiff Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · DOCKET NO. 01-1324 · CIVIL ACTION - DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Lori J. Kless being duly sworn according to law, deposes that she is the Plaintiff in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered and she hereby elects to resume her prior surname of Vinciguerra and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 15, 1972, P.L. 1063, 54 Pa. C.S.A. 704. Sworn to and subscribed before me this /~.~JLday of ~ ,200~/. NOTARIAL SE.~L CONNIE R. SHuLTZ. No, fy Pubic Mechanicsbu,g. Cumberland Coumy My Commission Expires Aug. 19. 2002 LORI J. KLESS, V. DAVID R. KLESS, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-1324 CIVIL ACTION - 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: 1. Ground for divorce: Irretrievable breakdown under {}3301(c) 2. Date and manner of service of the complaint: Personal acceptance on February 15, 2001. A copy of the Acceptance of Service is attached hereto. 3. Date of execution of the affidavit of consent required by {}3301 (c) of the Divorce Code: by plaintiff: June 15, 2001; by defendant: June 15, 2001 4. Related claims pending: Name: All related claims resolved pursuant to a Matrimonial Settlement Agreement, dated April 17, 2001 attached hereto. 5. Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: filed herewith Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: filed herewith Mark K. Emery Fenstermacher and Associates, P.C. Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff MATRIMONIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this l '~ day of April, 2001, by and between Lod Kless of U-3 Antrim Drive, Mechanicsburg, Cumberland County, Pennsylvania ("Wife"), and David Kless of U-3 Antdm Ddve, Mechanicsburg, Cumberland County, Pennsylvania ("Husband") Recitals: A. The parties hereto, being Husband and Wife, were lawfully marded on September 15, 1992, B. Differences have adsen between Husband and Wife in consequence of which they have begun to live separate and apart from each other. C. Husband and Wife acknowledge that they both have consulted their attorneys and have been advised by their attorneys of all of their dghts and duties or have had the opportunity to consult independent legal counsel and have willfully, knowingly and voluntarily waived the dght to consult an attorney. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY BOUND, agree as follows: 1. Recitals. The Recitals set forth above are ~ncorporated herein by reference. 2. Divome. It is specifically understood and agreed by and between the parties, and each party does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. Wife has filed an action in the Court of Common Pleas, Cumberland County, Pennsylvania at Docket No. 01-1324. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure that a divorce pursuant to 25 Pa. C.S.A. § 3501 of the Divorce Code is entered as soon as possible. This Agreement and any ancillary or supplemental agreements shall be incorporated by reference and merged into the proposed Divorce Decree presented to the Court. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by each other. Neither party shall molest the other in any way whatsoever nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 3. (a) Marital Property. Personal Property. Husband and Wife acknowledge that they have divided all personal property acquired during their mardage to their mutual satisfaction, as set forth on Exhibit A attached and incorporated fully herein. Husband hereby relinquishes all right, title 2 (b) and interest in Wife's personal property currently in her possession, and Wife hereby relinquishes all right, title and interest in Husband's personal property currently in his possession, except as provided herein to the contrary. Retirement, Pension, 401-K Plan. Husband and Wife hereby relinquish all right, title and interest in the other's retirement funds, pension benefits, deferred compensation, or any other employee benefit. Debts and Obligations. (a) Individual debts/obliqations. Each party hereby agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her on or after the date of this Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the other party liable on account of any such debts and obligations, such party will at his or her sole expense defend the other party against any such claim, action or proceeding, whether or not well-founded, and indemnify the other party against any loss resulting therefrom. (b) Joint debts/obliqations. Husband and Wife represent that there are certain debts or other debts incurred by either of them currently outstanding. The parties agree to allocate and be responsible for such debts as set forth in Exhibit B attached and incorporated fully herein. Each party otherwise hereby expressly agrees to indemnify, defend and hold harmless the other from any and all liability, direct or indirect, including attorneys' fees and costs, which may adse in connection with an obligation, joint or otherwise, for which the party has agreed hereunder to bear sole or partial responsibility, or which the party has failed to disclose and provide for herein. 5. Leqal Fees. Each party agrees that they shall be responsible for their own legal and other fees incurred by them in connection with this domestic relations matter unless otherwise specified herein or otherwise agreed to by them. 6. Automobiles. Upon execution hereof, the parties agree that the 1999 Ford van shall become the sole free and clear property of Wife, and that Wife shall insure and assume all liability therefor except as otherwise set forth herein. Husband waives any dght, title or interest he may have in and to said automobile and shall promptly execute any title or transfer documents necessary to fulfill this provision. Wife agrees to waive any dght, title or interest she may have in and to any automobiles which Husband may own individually or jointly with Wife, if any, and Wife and 4 shall promptly execute any title or transfer documents if necessary to fulfill this provision. Each party shall, after execution hereof, maintain their own automobile insurance in their separate names. 7. Other Writings. Each of the parties hereto agrees to promptly execute any and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably necessary to carry out the intent of this Agreement. 8. Further Debt. (a) Wife shall not contract or incur any debt or liability for which Husband or his property or estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands, including attorneys' fees and costs, made against him by reason of debts or obligations incurred by her. (b) Husband shall not contract or incur any debt or liability for which Wife or her property or estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands, including attorneys' fees and costs, made against her by reason of debts or obligations incurred by him. 9. Mutual Release. Except as otherwise provided herein and so long as this Agreement is not canceled by subsequent agreement, the parties hereby release and discharge, absolutely and forever, each other from any and all rights, claims and 5 demands, past, present and future, specifically from the following: alimony pendente lite; alimony; spousal support; division of property; claims or dghts of dower and right to live in the House; right to act as executor or administrator in the other's estate; rights as devisee or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in any life insurance policy of the other unless specifically named otherwise or as required herein; and any claim or right in the distributive share or intestate share of the other party's estate, all unless specified to the contrary herein or in a subsequent wdfing signed by the parties hereto. 10. Tax Return. Each party shall be solely liable for any tax liability from 2001 forward and each shall indemnify, defend and hold the other harmless from and against any such liability for tax years commencing in 2001 and thereafter. As to all tax years prior to 2001, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the person who failed to disclose such income or who inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the like which may be thereafter 6 assessed and shall indemnify and save the other party harmless of and from any and all claims, demands, suits, actions or causes of action, costs and expenses, (including reasonable attorney's fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. 11. Medical/Health Insurance. Upon execution hereof, each party shall be responsible for their own medical/health insurance and the maintenance thereof, if any. 12. Entire Aclreement. 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. 13. Leqally Bindincl. It is the intent of the parties hereto to be legally bound hereby, and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 14. Full Disclosure. Each party asserts that she or he has fully and completely disclosed all the real and personal property of whatsoever nature and wheresoever located 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 7 consideration made by each party for entedng into this Agreement. Each party fur/her represents and warrants that there are no undisclosed debts or obligations for which the other party may be liable, and each party shall indemnify and hold harmless the other party from any such liabilities, including attorneys' fees and costs. 15. Costs to Enforce. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and legal proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attomeys' fees, incurred as a result of such proceedings. 16. Aclreement Voluntary and Clearly Understood. 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 or, having been advised to consult independent counsel, has knowingly and voluntarily chosen to forego such consultation; (c) Has given careful and mature thought to the making of this Agreement; 8 (d) (e) Has carefully read each provision of this Agreement; and Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 17. Amendment or Modification. This Agreement may be amended or modified only by a wdtten instrument signed by both parties. 18. Applicable Law. This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 19. Counterparts. This Agreement may be executed in separate counterparts, each counterpart deemed an original and when combined represents the legal binding intent of the parties hereto. 20. Severability. If any part of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall not invalidate the entire document but shall apply only to that phrase, sentence, paragraph or section. The remainder of the sentence, paragraph, section and Agreement shall continue in full force and effect. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written: WITNESS: WIFE: Lo~t Kless WITNESS: HUSBAND: David Kless 10 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS.: On this, the /7~ day of April, 2001, a Notary Public, the undersigned officer, personally appeared Lori Kless, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary,Public My Commission Expires: (SEAL) NOTARIAL SEAL RO~IYN A. CRO~¢i~, Nolary Public Id~g E~'o, C~mbe~and Co~nt~ My Commissio~ Exp~es Sept ~3, 200~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS.: On this, the /,2.~ day of Apdl, 2001, a Notary Public, the undersigned officer, personally appeared David Kless, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, hereunto set my hand and official seal. EXHIBIT A Distribution of Property to Lori Kless Master Bedroom bed Melissa's room stuff My clothes, etc. TV, VCR & Stereo in living room Book case & cookbooks in kitchen Brown cabinet in kitchen Patio furniture Oak end table & coffee table Small Korean cabinet by bathroom Korean wedding boxes Stacking tables Rocker Bureaus in spare room TV stand in bedroom Some towels Cuisinart Pampered chef items Thomas Kinkade Lighthouse Pdnt Amish pictures Lighthouse stuff in bathroom Some CD's Some Christmas ornaments and seasonal items One coat stand Some Japanese china Kinkade wooden calendar Rice cooker Coffee pot George Foreman rotisserie White cabinet in closet EXHIBIT B Lori J. Kless Balance NFCU Visa 7,786.90 Capital One Visa 1,964.24 First USA Pampered Chef 1,002.66 JC Penney 382.04 Kohls 713.95 David R. Kless NFCU Visa NFCU Consolidation Loan MBNA Visa Balance 5,472.52 6,226.01 24,903.95 All balances are assumed to be correct as of the date of the Agreement. IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. PLEAS I{ ........................ F~Ai.Pt.~,~_f ............. Versus i .... DAV. ID_R, .KLESS, ....................... ........ DefendaB~ 1324 .......................................... ~j[ 2001 DECREE IN D I V 0 R C E AND NOW ..... ~...~... ~ ........... , 1:~..~.o.o.~. ~ it is ordered and decreed that Lori J. Kless plaintiff, and .....~.~.X~.c~ .~.. ?.~.e.~.s. ...................................... , defendant, are divorced from the bonds of motrimony. 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; Settlement Agreement dated April 17, 2001. By T