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HomeMy WebLinkAbout05-4510TAMMY FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005 -ys/O CIVIL TERM WESLEY FRY, CIVIL ACTION - LAW Defendant DIVORCE NOTICE 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 County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 TAMMY FRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005 - -lSla CIVIL TERM WESLEY FRY, CIVIL ACTION - LAW Defendant DIVORCE COMPLAINT FOR DIVORCE UNDER SECTIONS 3301 c and 3301(d OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiffis Tammy Fry, an adult individual who currently resides at 135 East Creek Road, Newburg, Cumberland County, Pennsylvania 17240. 2. Defendant is Wesley Fry, an adult individual whose last known mailing address is 2919 Jefferson Street, Chambersburg, Franklin County, Pennsylvania 17201. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 8, 2000 in Shippensburg, Pennsylvania 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based are: a. Section 3301 (c) - the marriage is irretrievably broken. b. Section 3301 (d) - the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. The parties have lived separate and apart since July 10, 2005 WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from June 8, 2000 to the July 10, 2005, all of which are "marital property" or "marital debts." 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property' which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property.,, WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties Respectfully Submitted, Megan Wore, Esquire Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 n ^? i O TAMMY FRY, vs. WESLEY FRY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 4lSjp CIVIL TERM Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Thomas Felton, Plaintiff, to proceed in forma pauperis. I, Megan Malone, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. )? X a4 "e /Z'/t Megan Ione Attorney for Plaintiff r'; n> -l -?f 11 ., y CJ _tl V -? IN THE COURT O CQMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vazntir Vs File No. I IN DIVORCE De dant Notice is hereby given [select one by marking "x" I . X prior to t or after the hereby elects to resume the written notice avowing his Date: / COMMONWEALTH OF COUNTY OF 04.,...L .?. On the 3 ?, day of notary public, personally name is subscribed to the foregoing for the purpose In Witness Whereof, I seal. Plaintiff / defendant in the above matter, of a Final Decree in Divorce, of a Final ecree in Divorce dated, surname of YLCl , and gives this pursuant to the provisions of 5 P.S. 704. i tore e A /A (7 (JSigns o e being resumed 11'-j YLVANIA ) 2002, before me, the Prothonotary or the the above affiant known to me to be the person whose and acknowledged that he / she executed the contained. set my hand hereunto set my hand and official i' Prothonotary or Notary Public NOTARK PROTHONOTARY NOTARY Pmuc CARLISLE CUM9ERLANO COUNTY COURTHOUSE MY COMMISSION EMRES JANUARY 4, 2010 qIS-i i R t',: i^ TAMMY FRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA 2 aUS V. NO. 2e:tY - 4510 CIVIL TERM WESLEY FRY Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Wesley Fry (Defendant), accepted service of a true and correct copy of the Complaint in Divorce under section 3301 (c) of the Divorce Code and the Notice to Defend and Claim Rights on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. ct_tO - Date: _ _06- Signature: t_? Wesley Fry, D fendant C11) C {;? •- "t 4 MW C- ? r-- .c ca ° S> cn 2 d -r TAMMY FRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2005 - 4510 CIVIL TERM WESLEY FRY Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on September 1, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of divorce. 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. Section 4904 relating to unsworn falsification to authorities. ltl)17111' Signature: lntir- Cr"'+ r ? -<> v v r. = O -71 TAMMY FRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2005 - 4510 CIVIL TERM WESLEY FRY Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 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. Signature: y F ff d- T.a P, 1 -X zO a 3 C t ?C 5 c z C c TAMMY FRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2011 - 4510 CIVIL TERM WESLEY FRY Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on September 1, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of divorce. 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. Section 4904 relating to unsworn falsification to authorities. Date: kn Z_ tj Signature: T7Y Wesley Fry, Def dant C a-J ..Q 3 (7I CO _ ry ?. ..,.,d z v-, .Crn .. w loop J,} C ??... t? TAMMY FRY Plaintiff V. WESLEY FRY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 2005 - 4510 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 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: +u -1 Signature:., Wesley Fry, Def dant C`3 MC) c --- < 4 S} ri f,.., o.. Fb 23.12 JAN 18 PM 4, 2 5 CUMBERLAND COUNTY PENNSYLVAINIA PARATION AND PROPERTY SE AGREEMENT SETTLEMENT Between TammY lean Fry And Wesley Allen Fry Iof8 ockba-4 THIS AGREEMENT made this day of Septci 7 ,, 2011, by and between the wife, Tammy Jean Fry, hereinafter known as Wife, and the Husband, Wesley Allen Fry, hereinafter known as Husband. WITNESSETH WHEREAS, the parties hereto were married to each other on June 8, 2000 in Shippensburg, Pennsylvania and certain differences have arisen between them which appear to be irreconcilable, and because of this the parties are now living separate and apart from each other; and WHEREAS, it is agreed and stipulated that the parties have separated from each other since July 10, 2005; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein set forth, Husband by his signature below, and Wife by her signature below, do contract and agree to be bound by the terms that here follow: 1. PURPOSE AND INTENT The purpose and intent of the Parties to this Separation and Property Settlement Agreement are to resolve as many of the financial issues of the marriage as the parties can agree to. 2. SEEKING ADVICE FROM AN ATTORNEY If Wife or Husband waive a right that he or she may be entitled to, such as spousal support or any right related to property/debt matters, then he or she will likely waive it forever. It is therefore strongly recommended that any party that is not represented seek the advice of an attorney before signing any Separation and Property Settlement Agreement to ensure that he or she is aware of all of his or her rights. 3. REAL PROPERTY With respect to the lot of ground, with improvements thereon, commonly referred to as at 135 East Creek Road, and more correctly described in the Deed of Sale dated July 23, 1999 (the "marital residence"), the parties agree that Husband will sell his rights, title and interest in the marital residence to Wife for $1 (one dollar), who will receive in consideration of the $1, a grant and conveyance in fee simple to Wife of the marital property. 4. MOVABLE PROPERTY The parties agree that the Husband will remove from the marital residence and 2of8 hold as his own property, all the items mentioned in Annexure "A". ii. The parties further agree that Wife will hold as her own property the 1989 Forest Park Trailer with Title Number: 42010890206 FR. Husband will provide all assistance and co-operation that is necessary to move the Title form his name onto the name of the Wife. iii. The parties agree that the Husband will remove from the marital residence and hold as his own property the following vehicles, the year of which is not certain: a 1985 Chevy Blazer, 1987 Honda Accord blue, a 1985 Honda Accord tan and a 1988 Nissan Pickup truck. 5. SPOUSAL SUPPORT The parties agree that no spousal support shall be paid at this time. 6. FURNITURE, FURNISHINGS AND BELONGINGS The parties agree that each shall keep the furniture, furnishings and other personal property which they owned prior to the marriage and which was received as gifts or inheritance from someone other than the parties during the marriage. In addition, the parties agree that they shall each keep all furniture, furnishings and other personal property which is now in their possession and such property will belong to that party, free and clear of the interest or claim of the other party. Husband waives any right to any property in the possession of the Wife and Wife waives any right to any property in the possession of Husband. 7. DEBTS OF THE PARTIES The parties agree that they shall each be solely responsible for their own debts. The parties agree that Husband shall indemnify and hold harmless, Wife, from any and all liability arising from his debts or loans. Wife shall indemnify and hold harmless, Husband, from any and all liability arising from his debts or loans. Subsequent to the date of execution of this Agreement, each party agrees to be responsible for his or her own debts as he or she incurs same, and each agrees not to charge debt to the other party or to attempt to obligate the other party in any way to any creditor. Each party agrees to make all of his and her debt payments promptly and regularly as may be required by the respective creditors and each agrees to hold the other harmless there from. 8. MEDICAL INSURANCE Husband and Wife will each be separately responsible for their own medical or health insurance. 3 of 8 9. PENSION/RETIREMENT/401K ACCOUNT The parties agree that each party shall keep and be responsible for his or her own pension/retirement/401K account (if applicable). 10. FREEDOM FROM INTERFERENCE The parties shall be free from interference, authority or control of the other as fully as though each were unmarried. Each may engage in any business or profession as each may choose free from any business or profession as each may choose free from any influence from the other. Each may reside where he or she may choose free without restriction of the other. Each may choose his or her friends to associate with, whether they be of the same or the opposite sex, and the other shall not inquire as to the nature of the relationship, nor interfere with it in any way. The parties agree not to molest or harass each other at their respective places of employment, residence, on the streets or elsewhere. 11. WAIVER OF INTEREST IN PROPERTY Except as otherwise here provided, each party hereby relinquishes and release all statutory and common law rights which each may have or in the future may acquire to any property, real or personal, which the other now owns or may hereafter acquire and each agrees that he or she will, upon request of the other, execute and deliver such releases or assurances as may be desired by the other to indicate, demonstrate or carry-out the release and relinquishment of such interest. 12. WAIVER OF INTEREST IN ESTATE Except as may be otherwise provide herein, each party hereby now and forever waives and releases in favor of the other all claims or demand arising out of the marriage relationship, including dower and courtesy rights, homestead allowance rights, family allowance rights, the right to elect against a will of the other, the right to any distribution of the estate of the other, the right to any distribution of the estate of the other, the right to inherit any property of the other by Will or by the laws of intestacy, the right to act as executor or administrator for the estate of the other, and any other such similar or related acts. These waivers are intended to be fully effective and binding both under general principles of law and any applicable Code. This shall not constitute a bar or waiver of either party to take a bequest or to serve in any capacity according to the Will of the other if said Will was executed subsequent to the execution of this Agreement. 13. ENFORCEMENT In the event that either party should take legal action against the other by reason of the other's failure to abide by this Agreement, the party who is found to be substantially in violation of this Agreement shall pay to the party who substantially prevails in said action, the prevailing party's reasonable attorney's fees, investigators costs, court costs and any other costs reasonably incurred 4of8 in the enforcement of this Agreement. Any such costs incurred by a party who substantially prevails in the defense of any action for enforcement of any of the agreements, covenants or provisions of this Agreement shall be borne by the parties seeking to enforce compliance. 14. EXECUTION OF DOCUMENTS The parties hereto agree that each will execute any necessary documents required reasonably to carry out the terms of and intent of this Agreement so as to enable either party to sell, convey, or otherwise dispose of his or her real or personal property, free of any rights or interests of the other parry. Such documents may include deeds to real property, titles to automobiles, certificates of stock, certificates of deposit, deeds of trust to property owned by the other party, etc. 15. MODIFICATION OR WAIVER It is understood that no modification of the terms of this Agreement shall be valid unless such modification is in writing, signed by the party to be bound by such modification. No waiver of any default of this Agreement shall constitute a waiver of any other or any subsequent default. 16. GOVERNING LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania existing at the time of the execution of the Agreement. 17. INCORPORATION INTO DIVORCE The parties agree that this Agreement in its entirety shall be submitted to the Court in which any divorce action is filed and it shall be ratified, approved and shall be incorporated into and made a part of the Final Decree of that action. The parties each agree not to oppose such incorporation and they agree that subsequently, this Agreement shall be enforceable as part of said decree or independently as a contract between the parties. In addition, the parties agree that any amendments or modifications to this Agreement entered into after such incorporation into a Decree shall be incorporated in an Amended Decree in order that the court record reflect the intent and meaning of the parties' agreements. 18. SUBSEQUENT DEBTS, PLEDGING OF CREDIT Each party agrees to be fully responsible for his or her own debts, charges and obligations henceforth. Each agrees not to charge on accounts for which the other may be liable without the express written consent of the other, nor to pledge the credit of the other in any way without express written consent. Further, each party agrees to indemnify the other in the event of any loss for any debts, charges or obligations created by that party for which the other may suffer a 5 of 8 loss. 19. SEVERABILITY If any provision of this Agreement are found or held to be unenforceable or invalid, then all other provisions of this Agreement shall continue to be in full force and effect, unless the part found or held to be unenforceable or invalid causes a material and substantial failure of consideration in the basic intentions and bargains of the parties. 20. BINDING EFFECT The parties hereby covenant and agree that all stipulations, agreements and provisions shall continue and apply in full force and effect and shall be obligatory upon the parties hereto, their heirs, assigns, executors, administrators, trustees, successors-in-interest, etc., whether so expressed or not. 21. PRIOR AGREEMENTS INVALID In consideration of the covenants and agreements contained herein, the parties do hereby cancel, nullify and invalidate any and all prior agreements as to the subject matter covered in this Agreement 22. FULL DISCLOSURE OF ASSETS AND OBLIGATIONS This Agreement is made upon the assumption that each of the parties hereto has made a full, complete and total disclosure to the other of the nature and extent of all the assets. As to any asset of a party to which no such full disclosure has been made by that party, then this Agreement shall not apply to such asset and an appropriate Court is granted by the parties full jurisdiction to divide such undisclosed assets equitably, pursuant to the equitable distribution law of Pennsylvania. 23. UNDERSTANDING RIGHTS TO EQUITABLE DISTRIBUTION AND SUPPORT Both parties hereto have been advised that under the laws of the Commonwealth of Pennsylvania they may have support rights, rights to equitable distribution of property, rights to lump-sum awards of money, rights in the vested or unvested pensions of each other and they may have other rights arising out of the marriage relationship of the parties. In executing this Agreement, the parties waive any and all such rights as they may have to pursue such remedies under the laws of the Commonwealth of Pennsylvania, or under the laws of another jurisdiction, and each agrees to accept the provisions of this Agreement as full satisfaction for all such claims. 6 of 8 24. UNDERSTANDING THIS DOCUMENT The parties agree that they are entering into this Agreement freely and voluntarily and after due thought and consideration to all of the relevant facts and circumstances regarding grounds of divorce, property rights and values support rights and interests of any children involved. The parties acknowledge that they have had the opportunity to seek legal advice of their own choosing independent of the choice of the other. The parties each acknowledge that they have read the Agreement fully, they understand it and they assent to it. 25. COUNSEL FEES AND COURT COSTS The parties agree that each will bear his and her own cost of representation by any attorneys for the negotiation and preparation of this Agreement and for the fees and costs which may be incurred in the obtaining of a divorce. IN WITNESS WHEREOF, the parties hereto, after free and full discussion of the terms contained herein and with an understanding of the meaning and intent of those terms and provisions, have this day first mentioned placed their signatures and seals upon this Agreement and by so signi"theyher ree w ith all the terms and provisions thereof. Wife f(A),,AAJ1jJ0A1 Wife SPrinted/ Husband Lr -?-- S=2?_ ..., Husband wy_- sLyY Signature Printed State of ennsylvania: ,t y County Q ; City of to-wit: IZthe undig d Notary Public for the County and State aforementioned, do hereby certify that (? J _, whose name is signed to this document, appeared before me this day in erson and acknowledged same in my presence. GIVEN undZ d this day of£?sptemlff, 2011. Notary Publ1,?.C G My Commission Expires: M"CZ,,, j L/ State of Pennsylvania: -MMMONWEA NOTAMAL SEAL MNSYLVAW PAMELA A. SWITALSKI, Notary Pubb Boro of Shlppeneburg, Cumberland My Commiselon Expires March 24, 2014 7of8 County 62r ; City of ko,(jyn- -to-wit: I, the undersi e Notary Public for the County and State aforementioned, do hereby certify that whose name is signed to this document, appeared before me this day in pe on and a knowledged same in my presence. 06?') GIVEN under and this ??' day of?ber, 2011. W A PENNSYLVANIA NOTARIAL SEAL /J ?/ PAMELA A. SWITALSKI nrotary Public Notary Public o"-v t (h GL?° IL- Om of Shippensburg, Cumi;enand County C. "' * My Commission Expires March 24, 2014 My Commission Expires:M&Mh -? q,oI() f 8of8 ?,Aod 'e-A ?-- Rat, /-I-v 94c -)CI 44A A ? lrlr,,L Win---- U cj2z ?- 6 #1?4, Cis ; c a )l :.? r? -P f l f .r?S L? h?G J 4,4, CAO-M ie-Ka-, r--rte-- _y Co) ?C ?G V- ?OC*V ` ?l vkr- qra,? pfP-? 6v hla-c ?, A A nnrx urc TAMMY FRY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2005 - 4510 CIVIL TER M WESLEY FRY Defendant IN DIVORCE -oz Z -I rnm PRAECIPE TO TRANSMIT RECORD a= L. =-z -'r- c" Er To The Prothonotary: r- --+, < C -r- Transmit the record, together with the following information to the Coul ft X- , - FT ; entry of a divorce decree: " 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Defendant signed Acceptance and Acknowledgment of Service form and stated Date of Acceptance of Service as September 10, 2005. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, October 7, 2011 , by Defendant, October 7, 2011 4. Related claims pending: There are no outstanding claims. 5. Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 21, 2011. 6. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 21, 2011. Abr Pr: y, Esquire Attorn or tiff Supr e Co# 209787 674 Stover Court Hummelstown, PA 17036 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMMY FRY V. WESLEY FRY NO. 2005 - 4510 DIVORCE DECREE AND NOW, ??.•y ?, z ?" zo i z. _ it is ordered and decreed that --r TAMMY FRY WESLEY FRY bonds of matrimony. plaintiff, and defendant, are divorced from the 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 ") None. The Separation and Property Settlement Agreement entered into on October 7, 2011, by the parties is incorporated into this Order in accordance with paragraph 17 of said Agreement. By the Court, 1? zi pn z es 4,11-