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Home My WebLink About02-3956MARY A. SIMPSON, Plaintiff DAVID L. SIMPSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CD& - 39£ . to CIVIL ACTION - LAW COMPLAINT IN DIVORCE NOTICE TO: DAVID L. SIMPSON 304B Lincoln Way West Chambersburg, PA 17201 Defendant YOU HAVE BEEN SUED 1N 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, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Document #: 202789 1 MARY A. SIMPSON, Plaintiff DAVID L. SIMPSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Mary A. Simpson, an adult individual residing at 11 Hotpoint Avenue, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is David L. Simpson, an adult individual residing at 304B Lincoln Way West, Chambersburg, Franklin County, Pennsylvania, 17201. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 12, 1975 in Waynesboro, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Rights Act of the Congress of 1940 and its amendments. 6. Plaintiff's social security number is 213-72-8178 and Defendant's social security number is 190-50-6853. 7. There have been no prior actions of divorce or for annulment between the parties. Document#:202789.1 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. There were two children borne to this marriage. 10. 11. 12. 13. Defendant. COUNT I Divorce The averments of paragraphs 1-9 hereof are incorporated herein by reference. The marriage is irretrievably broken. The parties have been living separate and apart since August 17, 2000. Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce, enter an Order equitably distributing marital property and enter such other Orders as are appropriate and just. Date: August [(~ ,2002 METZGER, WICKERSHAM, KNAUSS & ERB Melissa L. Van Eck, Esquire Attorney I.D. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Mary A. Simpson Document #: 202789~ l VERIFICATION I, Mary A. Simpson, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unswom falsffica~on to authorities. Date: August dj~;9 , 2002 MARt( A. ~PSON / Document#:202789.1 MARY A. SIMPSON, Plaintiff DAVID L. SIMPSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3956 : : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE AFFIDAVIT OF SERVICE I, Melissa L. Van Eck, counsel for Plaintiff, Mary A. Simpson, hereby certify that a true and correct copy of the Complaint in Divorce was served upon the following, by certified mail, return receipt on August 22, 2002. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of the return receipt card indicating service upon: David L. Simpson 304B Lincoln Way West Chambersburg, PA 17201 Defendant Date: August 23, 2002 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Melissa L. Van Eck, Esquire I.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Mary A. Simpson Document (4:241049.1 . : -~ . ~.- ,,~-~ Sender: Please print your name, address, ~nd'~4 in t~ b~' h,,lll,,,h,,lh,,lllh,,Ih,,,,Ihlh,,Ih,,Ih,,!h,,h,,ll : ~LISSA L VAN ECK ESQUI~ ~TZGER WIC~RSHAM 3211 NORTH FRONT ST~ET PO BOX 5300 HA~SBURGPA 17110-0300 II Pri. nt-~our laame, and address o~_..the reverse :se. ~hat we aah return the card to you. · Attach this card to the back of the madlplece, or on the front if space permits. DAVID~ L ST_M~SON ff YES~ e~ltet delivery address below: ]~ Cerb'fled Mall [] Ex~,~ Mall · I--I Regi~emd I-1 Return Receipt for Merchandise r3 InSured Mail 'r"'l C,O.D., -. 2. Article N~mber {'Copy from ~erVtCe label) . ' 7000 1.670 0011 450s 1243 eS'Form 38:1'1, 'July igg9 Domestic Return Receipt --; 103sgs-00-.-0SS2 MARY A. SIMPSON, Plaintiff VS. DAVID L. SIMPSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance in the above captioned action on behalf of the Defendant, David L. Simpson. DATE: Wendy J. I~. Gr~squire GRIFFIE &"AS,~DCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 MARY A. SIMPSON, Plaintiff V. DAVID L. SIMPSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3956 : : CIVIL ACTION .- LAW : COMPLAINT IN' DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 19, 2002, and served upon Defendant on August 22, 2002. 2. The marriage of Plaintiff and 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 any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. Dated: Mar~. Si4son Document #: 246953.1 MARY A. SIMPSON, Plaintiff DAVID L. SIMPSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3956 : : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE UNDER § 3301(c) OF 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, lawyers' 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 tree and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. Dated:/~',-~(~ '~ ~,~ MX~y AO~i3npson Document lt: 246953.1 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3r)t-~ day of 7./A'~[aa~g~-/ , 2003, by and between MARY A. SIMPSON (hereinafter "Wife") of Shippensburg, Cumberland County, Pennsylvania, and DAVID L. SIMPSON (hereinafter "Husband") of Chambersburg, Franklin County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on April 12, 1975, in Franklin County, Pennsylvania; WHEREAS, two children were bom of the marriage, Stacy Simpson (d.o.b. 4/13/76) and Michael Simpson (d.o.b. 6/7/77); WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apan: for the rest of their natural lives; WHEREAS, the parties are Plaintiff and Defendant, respectively, in a divorce action filed in the Court of Common Pleas of Cumberland County, Pennsylvania to Docket No. 02-3956; and WHEREAS, the parties desire to settle fully and finally their respective financial and property fights and obligations as between each other, including, but not limited to, the ownership and equitable distribution of real and personal property; past, present, and fUture support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate. NOW, THEREFORE, in consideration of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties Document #: 243320 acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the fight to live separate and apart from the other party, free from the other party's interference, authority, and control. Neither patay shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party sh~dl indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, achninistrators, assigns, property, and estate from any and all fights, claims, demands, or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements, or liabilities of the parties or by way of dower, curtesy, widow's fights, family exemption or similar allowance, or under the intestate laws, or the fight to take against the spouse's will, or the fight to treat a lifetime conveyance by the other as testamentary, or all other fights of a Document #: 243320 -2- surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth, or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge fi.om all causes of action, claims, rights, or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including, but not limited to, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. DIVISION OF PERSONAL PROPERTY The parties have divided all items of personal property, except as otherwise specified herein, to their mutual satisfaction. All personal property currently in Husband's possession shall be the sole and separate property of Husband. All personal property currently in Wife's possession shall be the sole and separate property of Wife. 5. MOTOR VEHICLES Wife shall retain sole and exclusive ownership of the 1989 Ford Bronco and 1983 Ford LTD in her possession. Husband shall retain sole and exclusive ownership of the 1998 Geo Metro in his possession. Husband and Wife agree to execute, within thin'y (30) days of the date of this Agreement, any and all forms, rifles, and documents necessary to transfer the aforesaid vehicles fi.om joint ownership to individual ownership, as specified herein. 6. BURIAL PLOTS The parties own four (4) burial plots at Parklawns located at 3218 Philadelphia Avenue, Chambersburg, Franklin County, Pennsylvania 17201. The parties agree that the plots will be Document #: 243320 -3- divided so that each party receives two (2) plots. The parties further agree to execute any and all forms, titles and documents necessary to transfer the aforesaid burial plots within thirty (30) days from the execution of this Agreement. 7. JOINT DEBTS The parties acknowledge that they have no debts which were jointly incurred during their marriage. Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. RETIREMENT BENEFITS Each of the parties does specifically waive, release, renounce, and forever abandon all of their right, rifle, interest, or claim, whatever it may be, in any pension/retirement/profit sharing plan of the other party, whether acquired through said party's employment or otherwise, and hereafter the pension/retirement/profit sharing plan shall be identified above as being either husband's or wife's and shall become the sole and separate property of the party in whose name or whose employment said plan is carded. 9. DIVISION OF BANK ACCOUNTS Husband shall retain his checking account at M&T Bank. Husband and Wife acknowledge that all other joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. Document #: 243320 -4- 10. AFTER-ACQUIRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were married. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 11. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, AND ALIMONY Husband and Wife waive and relinquish all rights, it' any, to spousal support, alimony pendente lite, and alimony. Any transfer of monies between the parties pursuant to any term of shall not constitute alimony, but is made as part of the parties' equitable this Agreement distribution. 12. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such dj.vision conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended! by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 13. COUNSEL FEES AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of his/her own counsel fees and expenses. Document #: 243320 -5- 14. ADVICE OF COUNSEl, The parties acknowledge that each has received or ]has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal fights and obligations, including all fights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate, and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 15. AFFIDAVITS OF CONSENT Each party agrees to execute an Affidavit of Consent for the obtaining of a no-fault divorce under the provisions of the Divorce Code of 1980, as amended. 16. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this: Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. 17. DATE OF EXECUTION The "date of execution", "date of this agreement", or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Document ti: 243320 -6- 23. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreemem shall in no way affect the right of such party hereafter to enforce., the tenn. 24. VOLUNTARY EXECUTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any dm'ess, undue influence, collusion, or improper or illegal agreements. 25. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 26. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this AgreemenI, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing: this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: Mary A."'~Sim~/on' [ ~..~2~D, avid L. Simpson -8- Document #: 243320 COMMONWEALTH OF PENNSYLVANIA : couNTYOr r XaJ : SS On this, thet~_~day of~, 2002, before me, the undersigned officer, personally appeared David L. Simpson, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notarial Seal Robin J. Goshom, Notary Public Carlisle Bom, Cumbedand County My Commission Expires Apr. 17, 2003 My Commis~,u~n l}xpires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF '~,~o-p,q..3 SS On this, the jc~day of 4~"-"~a,"r/z~ , gOtY2, before me, the undersigned officer, personally appeared Mary A. Simpson, known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A. LYTER, Notary Publlo 1 i MY Comml~n F_xpiree Dee.. L~, 2004J My Commission Expire~s.' Document #: 243320 MARY A. SIMPSON, Plaintiff V. DAVID L. SIMPSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3956 : : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 19, 2002, and served upon Defendant on August 22, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaim. 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 any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. Dated: David L. Simpson Document #: 246953.1 C MARY A. SIMPSON, Plaintiff V. DAVID L. SIMPSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3956 : : CIVIL ACTION - LAW : COMPLAINT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE UNDER § 3301(c) OF DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers' 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 tree and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. Dated: David L. Simpson Document It: 246953.1 MARY A. SIMPSON, Plaintiff Mo · DAVID L. SIMPSON, · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3956 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of Complaint: A Complaint in Divorce was filed on August 19, 2002, and served on Defendant, David L. Simpson, on August 22, 2002, by certified mail, retum receipt requested. An Affidavit of Service was filed on August 26, 2002. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301(c) of the Divorce Code: Co)O) Plaintiff: Defendant: January 30, 2003, filed February 5, 2003 February 5, 2003, filed February 20, 2003 Date of execution of Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: NA (2) Date of filing and service of the Plaintiff's ,Mtidavit upon the respondent: Filing: NA Service: NA 4. Complete the appropriate paragraphs: Document #: 262390. I o (a) Co) (c) (d) (a) (b) Related claims pending: None Claims withdrawn: None Claims settled by agreement of the parties: All State whether any written agreement is to, be incorporated into the Divorce Decree: Yes. Attached to the Decree in Divorce. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: Service: NA Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 5, 2003 Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: February 20, 2003 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 171110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 262390.1 MARY A. SIMPSON, Vo DAVID L. SIMPSON, Plaintiff · Defendant · IN THE C. OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL AC, TION - LAW NO. 02-3956 IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this \~l'~y . of ,2003, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Mary A. Simpson, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Wendy J. F. Grella, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Andrew C. Spears Document #.. 262390.1 IN THE COURT OF COMMON PLEAS MARY A. SIMPSON, Plaintiff VERSUS DAVID L. SIMPSON, Defendant OF CUMBERLAND COUNTY STATE Of ~ PENNA NO. 02-3956 DECREE IN DIVORCE AND NOW, 2003 it iS ORdErED AND DECREED That MARY A. SIMPSON AND DAVID L. SIMPSON , 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; The Marital Settlement Agreement between the parties dated January 30, 2003, is incorporated but not merged herein. BY T h E/~/O U rT: ATTEST// /~ · //~ j. --~-~~PrOT.ONOTARY