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HomeMy WebLinkAbout02-3992 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA JESSICA K. KINCAID, Plaintiff Vs. TYLER L. CLEVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - CIVIL TERM : : IN 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By:ndsay squire t High Street Carlisle, PA 17013 (717) 243-6222 JESSICA K. KINCAID, Plaintiff Vs. TYLER L. CLEVER, Defendant · ' IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTy, PENNSYLVANIA : CIVIL ACTION _ LAW : NO. 2002 - : ..~/',~ ).._ CIVIL TERM : IN DIVORCE SA/DIS UFF, FLOWER ~ LINDSAY ~V. ~igh Street Carlisle, PA COMPLAINT JESS/CA K. KINCAID, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Jess/ca K. Kincaid, who currently resides at 227 West South Street, Carlisle, Cumberland County, Pennsylvania, where she has resided since 2000. 2. The Defendant is Tyler L. Clever, who currently resides at Second Street, Harrisburg, Dauphin County, Pennsylvania, where he has resided since September 2001. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the f/ling of this Complaint. 4. The Plaintiff and Defendant were married on August 14, 1993 at Carlisle, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the part/es in this or in any other jurisdiction. 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divome Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the Part/es to Part/c/pate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. Date:~ SAID/S, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIs ~, ~L0W~ LINDsAY W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true correct. I understand that false statements herein are made subject to the penalties 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. and of SAIDIs f~UFF, FLOWER & LINDSAY W. High Slreet Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY A~)RI~S*AT*LAW 26 W. High Street Carlisle, PA JESSICA K. KINCAID, Plaintiff VS. TYLER L. CLEVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 3992 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on August 21,2002. 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 in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relati7 unsworn falsification to authorities... ~,~.~.~/~, ~~ Jess~a~. Kincaid, Plaint~ Date: ! ~- ' 9.-0 · O ~ SAIDIS SHUFF, FLOWER & LINDSAY ATrOI/NEYS*AT*LAW 26 W. High Street Carlisle, PA JESSICA K. KINCAID, Plaintiff Vs. TYLER L. CLEVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 3992 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 21, 2002. 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, in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Tyler L. Clever, Defendant Date: /' ,~'~_-~/~ SAIDIS SHUFF, FLOWER & LINDSAY ATI'OI/I~YS*AT*IAW 26 W. High Street Carlisle, PA JESSICA K. KINCAID, Plaintiff VS. TYLER L. CLEVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 3992 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 13301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating t.,,o unsworn falsification to authorities. / (J Date: ( :~-~' ~ ~ ~ SAIDIS SHUFF, FLOWER & LINDSAY A'I'rORI~YS*AT*LAW 26 W. High Street Carlisle, PA JESSICA K. KINCAID, Plaintiff Vs. TYLER L. CLEVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 3992 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Tyler L. Clever, Defendant Date: ,/-~./~ (-.)~ ~.., JESSICA K. KINCAID, Plaintiff Vs. TYLER L. CLEVER, Defendant · IN THE COURT OF COMMiON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION LAW · NO. 2002 3992 CIVILTERM · IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Date Complaint in Divorce in the above captioned matter. TyJ~? L. Clever, Defendant -1- SAIDIS SHIJFF, FLOWER & LINDSAY ATTORNEYSsATsLAW 26 W. High Street Carlisle, PA JESSICA K. KINCAID, Plaintiff VS. TYLER L. CLEVER, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2002 -3992 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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),.,~,.t~,jt.~~'~ t~w~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint:~r..~r~-~z~-~ ~d,~~ ~V'e~agf~ 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff 12/20/02; by the Defendant 12/20/02. Related claims pending: Complete either (a) or (b). (a) (b) None Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: /~__~5~//o'Z._ Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: / ~/_St/t ~-- By: Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Carol J. Lindsay, Esquire Supreme Court ID #44693 26 W. Hi~ Street Carlisle PA 17013 Phone: 71.7.243.6222 Attorney tbr Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATroP,/~YS.ATeLAW 26 W. High Street Carlisle, PA JESSICA K. KINCAID, Plaintiff VS. TYLER L. CLEVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 3992 CIVIL TERM : : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this "Z.,(.~ day of'""~c-~: ~'~',t%~..~ ,2002, BETWEEN: TYLER L. CLEVER, of 2134 North 2~d Street, Harrisburg, Dauphin County, Pennsylvania, hereinafter referred to as Husband; AND: JESSICA K. KINCAID, of 227 West South Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.'I: The parties hereto are husband and wife, having been joined in marriage on August 14, 1993, in Newville, Cumberland County, Pennsylvania; and R.2: . A Complaint for Divorce has been filled in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 02-3992 Civil Term on August 21,2002; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. SAIDIS SHUFF, FLOWER & LINDSAY A~*AT*IAW 26 W. High Street Carlisle, PA NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if' he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above- captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. If either party fails or refuses to execute the foregoing documents within twenty (20) days after the date Wife makes the monetary payment to Husband, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at her option to terminate this Agreement. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 227 West South Street, Carlisle, Cumberland County, Pennsylvania. Husband agrees, on the same date as the date of this Agreement to execute a special warranty deed transferring to Wife all his SAIDIS SHIJFF, FLOWER & LINDSAY ATI~ORN~.AT*~AW 26 W. High Street Carlisle, PA right, title and interest in the marital home. Upon execution of the deed, Wife will pay to Husband $1,300.00 which she will exchange for the deed. Within 90 days of the date of this Agreement, Wife will refinance the marital home so Husband is no longer liable thereon. In the meantime, Wife shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Wife hereby shall hold Husband harmless and indemnify Husband from any loss thereon. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: Student loans incurred by Husband Mortgage on the marital home Obligation of $1,300 owed by the parties to Wife's parents Husband's car loan through Members 1st Federal Credit Union Wife's car loan through Members 1st Federal Credit Union 2: Husband shall pay the obligations on account of his car loan and on account of his student loan. Nevertheless, Wife will pay to Husband $3,000.00 on account of such obligations at the rate of $150 per month commencing the same month in which the Decree in Divorce is entered and continuing each month thereafter for 20 months. Wife shall pay any obligations to her parents on account of the parties' SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNllVS*AT*LAW 26 W. High Street Carlisle, PA loan for the purchase of the marital home, her car payment, and the mortgage by making timely monthly payments of at least the minimum amount required by creditors until paid in full. Each party shall pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on September 1, 2001, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of tlhis agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against hi~m or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Wife will pay any debt which encumbers her motor vehicle and she will pay the debt for Husband's motor vehicle in the approximate amount of $1,700.00 and, shall hold harmless and indemnify the other party from any loss thereon. Husband will retain the 1993 Toyota Corolla. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Wife shall retain the 1995 Toyota Corolla. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household fumishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Certain household goods are claimed by Husband. In the event the parties can agree on those goods, Husband will pick them up by December 31,2002. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. (8) WAIVER OFALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have SAIDIS SHUFF, FLOWER & LINDSAY ATTOP.~'~AT*LAW 26 W. High Street Carlisle, PA been provided a copy of this agreement with which to consult with counsel. Husband is represented by Carol J. Lindsay, Esquire, and Husband has been advised that he maY seek counsel of his choice. 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 as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attomey for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax retums. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint retums. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm SAIDIS SHUFF, FLOWER & LINDSAY A~YORI~YS*AT*IAW 26 W. High Street Carlisle, PA any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES:: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's dghts against the other for past, present and future claims on account of support, maintenance, alimony, alimony SAIDIS SHUFF, FLOWER & LINDSAY A~sAT.IAW 26 W. High Street Carlisle, PA pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and 'Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: ^. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: and (1) (2) (3) to take against the other's will; under the laws of intestacy; to a family exemption or similar allowance; (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA F. All rights or claims to any accounting; G. All dghts, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All dghts, claims, demands, liabilities and obligations adsing under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilitires and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In~ the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged i=nto such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the dght, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other th. those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS4-. _ ~..~_~ es~ica(~Kihcaid· /,/¢ 1-yler L. Clever SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Slreet Carlisle, PA IN ThE cOUrt OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ~~, PENNA. Jessica K. Kincaid, Plaintiff versus Tyler L. Clever, Defendant No. 2002-3992 AND NOW, DECREED ThAT AND DECREE IN DIVORCE Tyler L. Clever , 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; The terms of the Property Settlement and Separation Agreement dated December 20, 2002 are incorporated but not merged into this Decree in Divorce.