Loading...
HomeMy WebLinkAbout02-1650BRENDA M. KYLEN, Plaintiff DAVID J. KYLEN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. ~ ~ 1/~S'~ CFv3L TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNUL~ 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, Pennsylvania 17013 (717) 249-3166 NO~C~ Le ban demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al panir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o pot abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notiticacion y pot cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLF~VE ESTA DEMANDA A UN ABODAGO 1NMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 BRENDA M. KYLEN, Plaintiff DAVID J. KYLEN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. naM : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(0 OR SECTION 3301(d) OF T1]F~ DIVORCE CODE AND NOW comes the above Plaintiff, Brenda M. Kylen, by her attorney, Cara A. Boyanowski, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plalntiff~ Brenda M. Kylen, is an adult individual who resides at 6302 Auburn Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, David J. Kylen, is an adult individual who resides at 6302 Auburn Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Plalntiffhas been a bona fide resident ofthe Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 11, 1977, in Mahanoy City, Schuylkill County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between the parties. 7. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8. Plaintiff avers that four children have been bom of the marriage, namely, Matthew Kylen, bom May 14, 1981, Erica Kylen, bom June 20, 1983, Lorah Kylen, bom December 20, 1988, and Alexa Kylen, bom December 20, 1990. 9. Plaintiffhas been advised of the availability of counseling and that she may have the right to request that the Court requke the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiffis proceeding are~ Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on March 28, 2002. WHEREFORE, the Plalntiffprays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Brenda MKylen, Plaintit~ Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff BRENDA M. KYLEN, V. DAVID J. KYLEN, : 1N THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1650 CIVIL TERM : : CIVIL ACTION LAW- DEFENDANT : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, this ~.~ day of_/~ff~ff~/ , 2002, comes DAVID J. KYLEN, Defendant, by and through his counsel Smigel, Anderson & Sacks, and avers as follows: 1. Plaintiff filed a divorce complaint on or about April 4, 2002. 2. The parties are in the process of discussing settlement terms regarding distribution of their marital assets. 3. Since April, 2002 the parties have continued to maintain joint accounts. 4. Until on or about October 24, 2002 both parties have been utilizing the accounts in good faith, neither making any withdrawals to the detriment of the other. 5. On the morning of October 24, 2002 Defendant discovered that Plaintiff had withdrawn the sum of $4,300.00 from the parties' savings account. 6. Defendant questioned Plaintiff about the withdrawal and she said that she made the withdraw for payment of personal bills. 7. During the same conversation referenced above, Plaintiff advised Defendant that she withdrew $125,000.00 from the parties' accounts. 9. obtain cash. Defendant has discovered that Plaintiff actually withdraw $135,000.00. Plaintiff told Defendant that he would have to refinance the marital home in order to 10. Agreement. 11. Defendant cannot refinance the marital home without a Marriage Settlement Even if Defendant could refinance the home immediately, there is only approximately $50,000.00 available. 12. The parties' liquid assets consist primarily of two savings accounts at Commerce Bank. These accounts had a balance of approximately $143,000.00 on October 23, 2002. 13. Defendant suspects that Plaintiff may use the cash to purchase a new home. 14. In the event that Plaintiff disposes of the case, there will be no liquid assets to divide at later equitable distribution heating. 15. The parties had recently agreed to use some of the available cash to pay for their two oldest children's college tuition, which is due in November, 2002. 16. The Divorce Code gives the court equity power to grant the relief requested herein. In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 23 Pa.C.S.A. § 3323(0. 17. The Rules of Civil Procedure also allow this court to: (a) Issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531 (a), (c), (d) and (e); or (b) Order the seizure or attachment of real or personal property; or (c) Grant other appropriate relief. Pa.R.C.P. § 1920.43(a). 18. The Divorce Code also specifically references this authority as follows: Where it appears to the court that a party is about to... dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or a similar award, an injunction may issue to prevent the removal or disposition and the property may be attached as prescribed by general rules. The court may also issue a writ of ne exeat to preclude the removal. 23 Pa.C.S.A. §3505(a). WHEREFORE, it is respectfully requested that this Honorable Court enter an Order: 1. Scheduling a hearing on this Petition; 2. Pending such hearing, direct Plaintiff to deposit $143,000.00 to a jointly held bank account, which can be accessed only upon agreement of the parties; 3. Pending such hearing, prevent Plaintiff from disposing, selling, liquidating, transferring, changing ownership, concealing or dissipating any of the assets held by Plaintiff and Defendant or either of them; and 4. Order and direct Plaintiff to account for and disclose all assets under her control. Date: Respectfully Submitted, SMIGEL, ANDERSON & SACKS I.D. #: 09617 Ann V. Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Defendant BRENDA M. KYLEN, V. DAVID J. KYLEN, PLAINTIFF DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02~1650 CiVIL TERM CIVIL ACTION LAW- IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, hereby certify that I served a true and correct copy of the Petition for Special Relief upon counsel for Plaintiff by depositing same in the U.S. Mail, on / D - ~2 c~- - 0 J) ,2002, postage prepaid, first class mail, addressed as follows: Cara A. Boyanowski, Esquire Daley Law Offices 1029 Scenery Drive Harrisburg, PA 17109 SMIGEL'~TERSON~LLP By: ~v'-"~Lel~oy Smigel,~squire ID #09617 Ann V. Levin, Esquire ID #70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff BRENDA M. KYLEN, Plaintiff Ve DAVID J. KYLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBEI~I,AND COUNTY, PENNSYLVANIA : NO. 02-1650 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes Plaintiff, Brenda M. Kylen, by and through her attorney, Cara A. Boyanowski, Esquire, and answers as follows: 1. Admitted. 2. Admitted. By way of further explanation, Plaintiff proffered a written settlement offer to Defendant on or about August 2, 2002, which Defendant rejected. Defendant then proffered a written counteroffer to Plaintiff, on or about October 1, 2002, which Plaintiff rejected. 3. Admitted. By way of further explanation, since April, 2002, the parties have continued to live together, with their children, in the same residence. All of the household bills and day-to-day living expenses of the parties and the children were satisfied through their joint accounts. 4. Admitted. By way of further explanation, since April, 2002, the parties have continued to live together, with their children, in the same residence. All of the household bills and day-to-day living expenses of the parties and the children were satisfied through the joint accounts. 5. Neither admitted nor denied. Plaintiff has no direct knowledge or information as to form an opinion as to what Defendant discovered on October 24, 2002. 6. Admitted. 7. Denied. Plaintiff advised Defendant that she withdrew $135,000.00. 8. Neither admitted nor denied. Plaintiff has no direct knowledge or information as to form an opinion as to what Defendant discovered. 9. Admitted in part and denied in part. A portion of the parties' settlement negotiations contained language that Defendant would retain possession of the Marital Residence, along with one-half of its existing equity, which is approximately $100,000.00. Plaintiff informed Defendant in her conversation on October 24, 2002, that he could have the entire equity in the Marital Residence, and if he needed liquid assets, he could refinance the existing mortgages and she would fully cooperate in same. 10. Denied. Defendant's bank required a spousal waiver prior to settlement, as well as, some written document containing the parties agreed upon support arrangements. By way of further explanation, Defendant is not presently employed therefore, the bank did not want to release Plaintiff or refinance the existing mortgages without some guarantee that Defendant had su~cient income to do same. 11. Admitted. By way of further explanation, since Defendant is not employed, the bank was not willing to refinance the existing mortgages and provide Defendant with more than $50,000.00 in cash. If Defendant's income level rises, he will be able to access more of the existing equity. 12. Admitted in part and denied in part. It is admitted that the parties' were the joint owners of two savings accounts at Commerce Bank. PlaintifFs last records indicated that there was approximately $150,000.00 in these two accounts. It is denied that these two accounts are the bulk of the parties' liquid assets. By way of further explanation, Defendant has received the sum of $384,000.00, which he is receiving in bi-weekly installments of $2,403.85 for a period of eight years, which represents a buy-out of his shares of stock in his previous company. These payments began in April, 2002. Additionally, Defendant has received the sum of $1,460,000.00, which he is receiving in bi-weekly installments of no less than $5,673.00 for a period of eight years, which represents compensation for a non-compete contract he entered into with his fora,er company. These payments also began in April, 2002. Based upon the above, Defendant's monthly gross income is approximately $17,500.00. 13. Neither admitted or denied. Plaintiff has no direct knowledge or belief as to form an opinion as to what Defendant suspects she may do with the withdrawn funds. 14. Denied. It is specifically denied that the only liquid assets in this divorce action are the two savings accounts funds, totally approximated $150,000.00. By way of further explanation, the parties have approximately $100,000.00 equity in their Marital Residence, $100,000.00 in retirement assets, $384,000.00 in stock redemption assets, and $1,460,000.00 in non-compete contract assets. 15. Admitted. 16. The averments set forth in Paragraph Sixteen are conclusions of law to which no response is necessary. 17. The averments set forth in Paragraph Seventeen are conclusions of law to which no response is deemed necessary. 18. The averments set forth in Paragraph Eighteen are conclusions of law to which no response is deemed necessary. WltEREFORE, Plaintiff, Brenda M. Kylen, respectfully requests this Honorable Court to deny Defendant's Petition for Special Relief. Sincerely yours, DALEY LAW OFFICES Cara A. Boyanowski, ~squire Supreme Court I.D. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certif3t that on the date indicated below I served a true and correct copy of the foregoing Plaintiffs Answers to Defendant's Petition for Special Relief, on all interested parties, by depositing same from Harrisburg, Pennsylvania, first class mall, postage prepaid, addressed as follows: Ann V. Levin, Esquire SMIGEL, ANDERSON & SACKS 4431 North Front Street Harrisburg, PA 17110 Date: DALEY LAW OFFICES Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff BRENDA M. KYLEN, Plaintiff V. DAVID J. KYLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1650 CIVIL TEl~vl ORDER OF COURT AND NOW, this 6th day of November, 2002, upon consideration of Defendant's Petition for Special Relief, it is ordered and directed as follows: 1. A hearing is scheduled for Wednesday, January 8, 2003, at 2:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; and 2. Pending the hearing, neither party shall transfer, encumber, spend, sell, dispose of, change the form of, conceal, dissipate or dispose of any marital property, including cash, except by mutual agreement. BY THE COURT, ~,/C'/ara A. Boyanowski, Esq. Daley Law Offices 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff v//"LeRoy Smigel, Esq. Ann V. Levin, Esq. 4431 North Front Street Harrisburg, PA 17110-1709 Attorneys for Defendant :rc BRENDA M. KYLEN, · Plaintiff · DAVID J. KYLEN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1650 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of November, 2002, upon consideration of Defendant's Petition for Special Relief, it is ordered and directed as follows: 1. A hearing is scheduled for Wednesday, January 8, 2003, at 2:00 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania; and 2. Pending the hearing, neither party shall transfer, encumber, spend, sell, dispose of, change the form of, conceal, dissipate or dispose of any marital property, including cash, except by mutual agreement. BY THE COURT, ~'~/ara A. Boyanowski, Esq. Daley Law Offices 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff esleyOler,~:;,~ ' J t~ ~'~LeRoy Smigel, Esq. Ann V. Levin, Esq. 4431 North Front Street Harrisburg, PA 17110-1709 Attorneys for Defendant :rc BRENDA M. KYLEN, Plaintiff Vo DAVID J. KYLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1650 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of January, 2002, upon consideration of the attached letter from Ann V. Levin, Esq., attorney for Defendant, the hearing scheduled for January 8, 2003, is continued generally. matter. COUNSEL ARE directed to contact the court if they desire a hearing in this BY THE COURT, s/C/ara A. Boyanowski, Esq. Daley Law Offices 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff ,,/LeRoy Smigel, Esq. Ann V. Levin, Esq. 4431 North Front Street Harrisburg, PA 17110-1709 Attorneys for Defendant esley Ole~? - ' ~.~' :rc FROM'SMIGEL,ANDERSON & SACKS SMIGEL, ANDERSON & SA CKS AT'roR. NEy~ Aa' LAW .Ianuary 6, 2003 The Honorable 7. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 ?]?2343811 T-905 P.02/02 F=4! PHONIg: (717) 234-S40], TOLL FRIiIE: 647%1-4 Re: Kylen v, Kylen No, 02-1650 Civil Term' Dear 7udge Oler; I,'L4 .E 4 C$1MILE - Pursuant to my conversation with o . . earlier today and have reached an agreement, ~ The p,., u=:~ m~[ m my ott~ce with counsel which needs to be reduced It, writing. We anticipate that being done in thc immediate future, wh/¢h will eliminate the ned for a h~aring on the Previously filed Petition for Special Relief. ^ccordinglyr it is requesteA that the matter bc continued generally pending the sign/ng of the Agreement and the Withdrawal of our Petition. Please contact me it'you have any questions regarding this request. Thank you for your attention to this matter. Ann V. L~vin AVL/jn-~ CC.' Cam Boyanowski, Esquire David Z Kylen ~PrOnt Stree rrlzbur la lv · BRENDA M. KYI~N, Plaintiff DAVID J. KYLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1650 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~301(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 ifI 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 at, er 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. {}4904 relating to unswom falsification to authorities. Date: ~,( t~ [5~ By: BRENDA M. KYLEN, Plaintiff DAVID J. KYLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1650 CIVIL TERM : :CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 2002. 2. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on April 4, The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed fi.om 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 the decree. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: ~:>/xl} 0'3 By: SocialSecufityNo. '~'~Ol-~f2 - ~t~? BRENDA M. KYLEN, Plaintiff DAVID J. KYLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1650 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: ~-- I ~-Q)~) By: Brenda M. Kylen, Plaintiff~ C) BRENDA M. KYLEN, Plaintiff DAVID J. KYLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1650 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 2002. 1. A Complaint in Divorce under §330 l(c) of the Divorce Code was filed on April 4, 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. l~enda M. Kylen, Plaintiff ~ SoGialS ,$o. / 7 g /$ BRENDA M. KYLEN, Plaintiff DAVID J. KYLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1650 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 16th day of April, 2002, she did serve upon David J. Kylen, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending same to him, by certified mail, addressed to 6302 Auburn Drive, Mechanicsburg, Pennsylvania, 17050. The receipt for said Complaint is attached hereto as Exhibit "A." Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without him. Sworn to and subscribed before me this ~_day of~{~ . , 2003. NOTARIAL SEAL PATRIC~ A. PATTON, Notary Publ~ Lower Paxton Twp., Dauphin County My Commission Expires June 20, 2006 Attorney No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff · Complete items 1, 2, and 3. Also ~ item 4 if Restricted Delivery is desired. · Prin~/~;'~'-~ame and address on the reveme so that we can return the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. B. Received by (P [] Ag~t C. Date of Delivery D. Isdelive~ ? []Yes If YES, enter delivery address below: [] No 4. Restricted Delivery? (Ex/m Fee) for Merchandise 2. Article Number PS Form 3811, August 2001 ~ ~ ~m 1025~-01.M-2~ BRENDA M. KYLEN, Plaintiff Ve DAVID J. KYLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1650 CIVI~ TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAEC1PE 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) of the Divorce Code. 2. Date and manner of service of the complaint: A copy of the Divorce Complaint was served upon Defendant by certified mail, restricted delivery, return receipt requested on April 16, 2002. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by Plaintifl~.' June 13, 2003; by Defendant: June 11, 2003. (b)(1) Date ofexecution ofthe affidavit required by §3301 (d) ofthe Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. (Complete either (a) or (b).) (a) Date and manner of service ofthe notice of intention to file praeeipe to transmit record; a copy of which is attached: N/A. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 13, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 13, 2003. Respectfully submitted, DALEY LAW OFFICES Supreme Court I.D. No. 68736 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ~Tt'~'~l day of fi~ ,2003, by and between BRENDA M. KYLEN ("Wife") - A N D - DAVID J. KYLEN ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on June 11, 1977, in Mahanoy City, Pennsylvania. WHEREAS, four children were bom of this marriage; said children being: Matthew David Kylen, Erica Ashley Kylen, Lorah Nicole Kylen, and Alexa Brooke Kylen. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry ora decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. 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 the other. Neither party shall molest the other or 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. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 02-1650 Civil Term. The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this agreement. Thereafter, counsel for Plaintiff shall file a Praecipe to Transmit the Record and obtain a Divorce Decree. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: 1. The property and lot situate at 6302 Auburn Drive, Mechanicsburg, Pennsylvania, subject to all existing liens and obligations. The parties acknowledge that Wife has already signed a deed transferring her interest in this property to Husband. 2 Husband has refinanced the mortgage associated with this property. 2. The remaining balance of the SEP account held by Locust Street Securities, Inc., after transfer of Wife's interest in same, pursuant to paragraph 2.B.3. below. 3. The 1997 Eagle Talon TSI Turbo, or any trade-in value received by Husband for same. B. Wife's Propertw. The following property shall become the sole and exclusive property of Wife: 1. The 1999 Subaru Legacy GT subject to all existing liens and obligations. 2. The life insurance policy owned by Wife and held by Equitable Life, including all cash value associated with that policy. 3. One-half of the value of Husband's SEP account held with Locust Street Securities, Inc. Wife's one-half interest shall be determined as of the date of the distribution of funds. The parties agree to cooperate in the signing of whatever documents are required to transfer to Wife one-half of Husband's SEP account. In the event a QDRO is necessary for the transfer of these funds, counsel for Husband shall prepare that document. The parties further agree that the transfer of these funds shall occur as soon as administratively possible with the intent being to have it 3 completed within 30 days from the entering of a final decree in divorce. C. Payments Pursuant to Stock Redemption Agreement between David J. Kylen and Computer Applications Unlimited, Inc., dated April 5, 200~: Husband is entitled to payments pursuant to the Stock Redemption Agreement entered into between Husband and Computer Applications Unlimited, Inc., dated April 5, 2002. Husband receives payments under the terms of the Agreement on a bi-weekly basis. The parties have agreed that Husband shall continue to receive these amounts until paid in full. Husband shall be responsible for determining all applicable taxes due on the sums received by him pursuant to the Stock Redemption Agreement. Husband shall be responsible for payment of estimated taxes as required by law on the sums received pursuant to the Stock Redemption Agreement. Since Husband will continue to receive the entire amount of the bi-weekly payments from the Computer Applications Unlimited, Inc. Stock Redemption Agreement, he will also receive all 1099 statements regarding same. Husband agrees that all tax documents received by him relative to the Stock Redemption Agreement payments will be copied and provided to Wife for review no later than February 1st of each year. The parties agree that when calculating the tax liability for these bi-weekly payments, Husband shall only consider the funds generated by the Stock Redemption Agreement payments, and not any other income he receives during the tax year, including, but not limited to wages, interest, or dividend payments. After determining the amount of all appropriate taxes, Husband shall calculate the net available payment he receives. One-half of this net available payment shall be paid to Wife on a bi-weekly basis. It is specifically understood between the parties that Wife will receive one- half of the net bi-weekly payments, after consideration has been made for federal, state and local tax liabilities, and not one-half of the gross bi-weekly payments. In the event the amount of Wife's net bi-weekly payments should change for any reason, Husband shall immediately contact Wife with the new bi-weekly payment amount and provide her with the calculations and information used to revise sallie. Upon completion of Husband's yearly tax return, if it is determined that taxes have been under withheld on the sums received from Computer Applications Unlimited, Inc., pursuant to the Stock Redemption Agreement, the parties shall each pay one-half of the amount due at the time the taxes are filed. If it is determined that a refund is due for overpayment of taxes on the sums received from Computer Applications Unlimited, Inc., to the Stock Redemption Agreement, said refund will be divided equally between the parties. In the event Computer Applications Unlimited, Inc., fails to make payment to Husband pursuant to the Stock Redemption Agreement, Husband's obligation to Wife for one-half of these net payments shall cease. Any recourse Husband has 5 against Computer Applications Unlimited, Inc. under the terms of the Stock Redemption Agreement shall be pursued by Husband. Any relief, i.e. cash, stocks, etc., that Husband obtains as a result of pursuing said recourse against Computer Applications Unlimited, Inc. shall be divided equally with Wife, after Wife reimburses Husband for one-half of the costs, legal or otherwise, incurred by Husband in obtaining said relief. D. Payments pursuant to Non-Competition Agreement between Husband and Computer Applications Unlimited~ Inc., dated April 5, 2002. Husband is entitled to payments pursuant to the Non-Competition Agreement entered into between Husband and Computer Applications Unlimited, Inc., dated April 5, 2002. Husband receives payments under the terms of the Agreement on a bi-weekly basis. The parties have agreed that Husband shall continue to receive these amounts until paid in full. Husband shall be responsible for determining all applicable taxes due on the sums received by him pursuant to the Non-Competition Agreement. Husband shall be responsible for payment of estimated taxes as required by law on the sums received pursuant to the Non-Competition Agreement. Since Husband will continue to receive the entire amount of the bi-weekly payments from the Computer Applications Unlimited, Inc. Non-Competition Agreement, he will also receive all 1099 statements regarding same. Husband agrees that all tax documents received by him relative to the Non-Competition Agreement payments will be copied and provided to Wife for review no later than February 1st of each year. 6 The parties agree that when calculating the tax liability for these bi-weekly payments, Husband shall only consider the funds generated by the Non-Competition Agreement payments, and not any other income he receives during the tax year, including, but not limited to wages, interest or dividend payments. After determining the amount of all appropriate taxes, Husband shall calculate the net available payment he receives. One-half of this net available payment shall be paid to Wife on a bi-weekly basis. It is specifically understood between the parties that Wife will receive one- half of the net bi-weekly payments, after consideration has been made for federal, state and local tax liabilities, and not one~half of the gross bi-weekly payments. In the event the amount of Wife's net bi-weekly payments should change for any reason, Husband shall immediately contact Wife with the new bi-weekly payment amount and provide her with the calculations and information used to revise SaBle. Upon completion of Husband's yearly tax return, if it is determined that taxes have been under withheld on the sum received from Computer Applications Unlimited, Inc., pursuant to the Non-Competition Agreement, the parties shall each pay one-half of the amount due at the time the taxes are filed. If it is determined that a refund is due for overpayment of taxes on the sums received from Computer Applications Unlimited, Inc., pursuant to the Non-Competition Agreement, said refund will be divided equally between the parties. 7 In the event Computer Applications Unlimited, Inc., fails to make payment to Husband pursuant to the Non-Competition Agreement, Husband's obligation to Wife for one-half of these net payments shall cease. Any recourse Husband has against Computer Applications Unlimited, Inc. under the terms of the Non~ Competition Agreement shall be pursued by Husband. Any relief, i.e. cash, stocks, etc., that Husband obtains as a result of pursuing said recourse against Computer Applications Unlimited, Inc. shall be divided equally with Wife, after Wife reimburses Husband for one-half of the costs, legal or otherwise, incurred by Husband in obtaining said relief. E. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their other marital and non-marital assets, including but without limitation, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. Wife hereby agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband hereby agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. F. In the event of Wife's death prior to the completion of payments due pursuant to the agreements identified in paragraphs 2(C) and 2(D) above, said payments shall continue to be made to Wife's estate. Wife agrees to execute a last Will and Testament which provides for payments her estate receives pursuant to paragraphs 2(C) and 2(D) above, to be distributed equally between her surviving children. Husband agrees to execute a last Will and Testament which provides for payments he receives, pursuant to the agreements identified in paragraphs 2(C) and 2(D) above, to be distributed with 50% being paid to Wife or her estate, if already deceased, and the remaining fifty percent (50%) being divided equally between Husband's surviving children. 3. Taxes. The parties have agreed to jointly file their federal income taxes for the year 2002. The 2002 tax refund or liability shall be divided between the parties equally. The parties agree that Husband shall claim the parties' two oldest children, Matthew and Erica, as dependants on all of his future tax returns and Wife shall claim the parties' youngest children, Lorah and Alexa, as dependants on all her future tax returns. However, the parties acknowledge that it may be beneficial in some tax years for Husband to claim all of the children as dependents. In the event the parties mutually agree that Husband shall claim all of the children as dependents, Wife agrees to cooperate in the preparation of and sign all documents necessary to transfer these deductions to Husband. 9 4. Execution of Documents. The parties agree to execute or demand any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property or to carry out any o£the provisions of this agreement. 5. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save hannless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all o£the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange o£ assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention o£the parties to treat all transfers herein as non-taxable. 8. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible 10 assets now belonging to Wife, and Wife forever relinquishes any fight, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 9. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or fight of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. Debts. Husband and Wife agree to split the marital debt equally between them. It has been determined that an equal division will be accomplished by Wife assuming payment for the following debts: 1. 2. 3. 4. 5. 6. QVC; Kohl's; AT&T MasterCard; Sears; Discover credit card in her name; and Premier credit card. Husband shall be responsible for the following debts: 1. Discover card in his name; 2. First Union USA; 3. Lowe's; and 4. MBNA MasterCard. 11 Husband and Wife shall each be solely responsible for all other debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of April 1, 2002, they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. Husband shall make a payment to Wife in the amount of $4,000.00 to equalize the assumption of debt by the parties. Husband shall make this payment to Wife no later than 60 days following the date of the execution of this Agreement. 11. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 12. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the 12 dissolution of their marriage. It is acknowledged and agreed between the parties that during the pendency of this divorce action the parties continued to maintain joint accounts from which both Husband's and Wife's legal fees, costs and expenses were satisfied. The parties acknowledge that these actions were proper and just and neither party will now or in the future, request reimbursement from the other for these funds. 13. Alimony. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 14. Child Support. The parties hereby acknowledge and affirm that the payments received pursuant to the Stock Redemption Agreement between Husband and Computer Applications Unlimited, Inc., dated April 5, 2002 and the Non-Competition Agreement between Husband and Computer Applications Unlimited, Inc., entered into April 5, 2002, shall not be considered as income available for child support now, or at anytime in the future. The parties acknowledge that said payments have been viewed as an asset and considered in the equitable distribution of assets between the parties. The parties agree that if either would seek to include said payments in a future child support action, it would constitute a double 13 counting of said payments and not be in accordance with their intent, nor be equitable. If, for any reason, said payments are included in a future child support action, despite the parties' agreement to the contrary, the obligee parent receiving child support shall be required to refund to the obligor parent paying child support, an amount equal to the child support paid based on the inclusion of said payments in a child support calculation. The parties acknowledge that the Pennsylvania Rules of Civil Procedure provide guidelines for the payment of child support, however, the parties have agreed to an arrangement for child support independent of these guidelines. In the event that Husband or Wife were to bring an action to seek child support through the Court of Common Pleas Domestic Relations Office, any payments due under this Agreement shall be deemed null and void and shall not be considered by the Domestic Relations Office as any basis for the determination of support. Based on these circumstances neither Husband nor Wife shall pay a sum certain to the other for child support. Husband and Wife agree to accept responsibility for assisting the children with clothing expenses, lunch monies, extra-curricular activity expenses, school project expensed, yearbooks, etc. The parties further agree that upon a change in circumstances, such as Husband's acceptance of full-time employment, the appropriate documents may be filed with the Domestic Relations Office requesting child support. 15. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and 14 complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 16. Releases. Except as set forth in paragraph 2(F), Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the fight to take against each other's will, or for support or maintenance for Husband or Wife, or of any other nature whatsoever, except any fights accruing under this Agreement. 17. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the 15 warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt.written notice of any litigation threatened or instituted against either party, which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 18. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 19. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from cotmsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 20. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal 16 fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 21. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 22. Severabilitv. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenfomeable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 23. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divome for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement trader the Divome Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: j. ' £N · BREND~ M. KYLEN 17 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, David J. Kylen, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this (~1)'-~ day of ~--~0~7_-- ,2003. N~tary et~c ~ ' My Commission Expires: COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Brenda M. Kylen, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this day of ~ ~ ,_._, ,2003. My Commission Expires: NOTARIAL SEAL PATRICIA A. PATTON, Notary Public Lower Paxton Twp., Dauphin County M~/Commission Expires June 20, 2006 IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATe Of BRENDA M. KYLEN~ Plaintiff VERSUS DAVID J. KYLEN~ Defendant PLEAS PENNA. 02-1650 CIVIL TERM DECREe IN DIVORCE AND NOW, DECREED THAT AND BRENDA M. KYLEN DAVID J. KYLEN ~O~)..~ IT IS ORDERED AND , PLAiNTiFF, , 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 provisions set forth in the parties' Marriage Settlement Agreement, dated May 8, 2003, shall be incorporated into this Decree in Divorce, but shall not be deemed merged into it. BY The COUrt: ~~THONOTA~Y'