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MATRIMONIAL SETTLEMENT AGREEMENT
by and
THIS AGREEMENT, made this \"2.~ day of -.Ml't.~' 1999,
between Kelly Irene DeArment of 211 E. Main Street,
Shiremantown, Cumberland County, E'ennsylvania
'aoq ewe. Q....~, M....t.'-...,t...I."'.....
M. DeArment of 23: f19rmaR ,\wL.LUe, L8mg~'~,
g.D.
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("Wife"), and Brian
Cumberland County,
E'ennsylvania ("Husband").
Recitals:
A. The parties hereto, being Husband and Wife, were
lawfully married on November 8, 1997.
B. Differences have arisen between Husband and Wife in
consequence of which they have begun to live separate and apart
from each other.
C. Husband and Wife acknowledge that they both have
consulted their attorneys and have been advised by their attorneys
of all of their rights and duties or have had the opportunity to
consul t independent legal counsel and have willfully, knowingly
and voluntarily waived the right to consult an attorney.
NOW,
THEREFORE,
in
consideration
of
the
mutual
promises, covenants and undertaking herein contained, the parties,
each INTENDING TO BE LEGALLY BOUND, agree as follows:
1.
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Recitals.
The Recitals set forth above are
incorporated herein by reference.
2.
Divorce.
It is specifically understood and agreed
by and between the parties, and each party does hereby warrant and
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represent tu tile (d~rJ"1 tll,d, <I:; dpl illl'"l 111' !.,. Piv\ 1'-" \;(jd'~, tlledr
marriage is irretrievdbl y brok.!n. ~Ii le hd" Ii kd dll dction in the
Court of Common E'leas, Dauphin County, Pennsylvania. The parties
agree to take all legal steps (including the timely and prompt
submission of all documents dnd the taUng ot all actions)
necessary to assure that a divorce pursuan t to 23 E'a. C. S. A. 5
3301 of the Divorce Code is entered as soon as possible. This
Agreement and any ancillary or supplemental agreements shall be
incorporated by reference and merged into the proposed Divorce
Decree presented to the Court.
Husband and Wife shall at all times hereafter have the
right to live separate and apart from each other and to reside
from time to time at such place or places as they shall
respectively deem fit, free from any control, restraint or
interference whatsoever by each other. Neither party shall molest
the other in any way whatsoever nor endeavor to compel the other
to cohabit or dwell with him or her by any legal or other
proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness
or unlawfulness of the causes leading to their living apart.
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(a) Personal Property. Husbclnd dnd \'Ii t., .,cknowledge
that they have divided all personal property clcquired during their
marriage.
Husband hereby relinquishes ,j 1 riqhl, title and
interest in Wife's personal property currently in h"r po~session,
and Wife hereby relinquishes all right, title and interest in
Husband's personal property.
Further, Wife specifically agrees that Husband may
remove his computer and monitor from Wife's residence at a
mutually agreed upon time.
(b) Retirement, Pension, 401-K E'lan. Husband hereby
relinquishes all right, title and interest in Wife's retirement,
pension an/or 401-K E'lan, if any, and Wife hereby relinquishes all
right, title and interest in Husband's retirement, pension and/or
40l-K E'lan, if any.
(c) Real Estate. Husband and Wife hereby acknowledge
that neither party owns or has any right, title, or interest in
any real property whatsoever.
4. Debts and Obligations.
(a)
Individual debts/obligations.
Each of the parties
shall assume all debts and obligations presently in their
individual names and shall indemnify, defend and hold the other
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harmless from said debts and obligations, whether incurred prior
to, during, or subsequent to the marriage. This shall include all
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personal, indivLJ~ldl I:r(~dit cdrd~:i dfld persc1lldl lncLl'J11\Ll1 lUdn:; by
either party e:<cept as otherwise set forth herein. EdCh p.:Jrty
hereby agrees to pay and hereby agrees to hold the other harmless
from any and all personal debts and obligations inclIr red by him or
her on or after the date of this Aqreernent. If ,111'/ ,'l,lim, dction
or proceeding is hereafter brought seeking to hold the other party
liable on account of any such debts and obligations, such party
will at his or her sole expense defend the other party against any
such claim, action or proceeding, whether or not well-founded, and
indemnify the other party against any loss resulting therefrom.
(b) Joint debts/obligations. Husband and Wife
re?resent that there are two joint debts of Two Thousand
($2,000.00) Dollars incurred by them for their honeymoon. Since
that time, each party has treated the respective credit accounts,
Husband's CAT Credit Union account and Wife's Discover card
account as their own. Husband agrees to assume sole
responsibility for the CAT Credit Union account, and wife agrees
to assume sole responsibility for the Discover card account.
Each party othenlise hereby expressly agrees to
indemnify, defend and hold harmless the other from any and all
liability, direct or indirect, including attorneys' fees and
costs, which may arise in connection with an obligation, joint or
otherwise, for which the party has agreed hereunder to bear sole
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R. (:ll~;IIJJ::-/:::ll_IEI__I_Jf. '1'1,1' 1),111 il-;; .lllll'l- :!"Il Hll:::bdnd
and Wife shall shat" ["'la [ t:tlstody of tho' pdrties' child, Tyler
James DeArment, pUrSUelllt to the Older of Court dated January 4th,
1999.
Wife shall helve primary physical custody, with Husband
having partial physicdl custody.
Custody shall be shared as set
forth in the Order of Court, dated January 4'", 1999.
E'ursuant to an Order of Court, entered January 13,
1999, Husband shall pay to Wife the amount of Three Hundred Six
and 00/100 ($306.00) dollars per month as child support and
arrears in the amount of Seven Hundred Fifty-Two and 84/100
($752.84) dollars, which is to be paid in the amount of Twenty
($20.00) dollars per month minimum. Further, and pursuant to said
Court Order, Husband shall pay Seventy (70%) percent of any
unreimbursed medical expenses, including by illustration, but not
limitation, summer child care expenses, orthodontic expenses,
major surgeries, psychological counseling and other such matters
not covered by insurance, so long as both parties reasonably agree
that the expense, procedure or treatment is reasonably necessary.
Either party shall have the right to seek modification of the
custody or child support orders as presently ordered.
Such
agreement will not be unreasonably withheld. Husband also agrees
to maintain the health care coverage available to employees of
Rite-Aid Corporation through October 29, 1999.
Subsequent to
October 29, 1999, Husband further agrees to maintain health care
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coverage ~quivdl':~r:t t~"_, Ul,l~
;~;i"'(tr,lqC! >I"/'li l..-:i1>:..
F.it~~-;dd
employees or better.
rll thf.' '~'1ent that th,~ f;~:-:.pensp nf providillf)
said coverage exceeds the current cost to Husband, Husband and
Wife agree to provide Eor any excess costs in the same proportion
as set forth in the then-existing Court Order in place for child
support.
9. Child Visitation. On alternate Saturdays at 9:00
a.m., Father shall have physical custody of Tyler, and shall
retain that physical custody until approximately 3:l5 p.m. on the
immediately following Monday,
at which time,
Mother shall
reacquire physical custody of Tyler. On the immediately following
Tuesday, Wednesday, Thursday and Friday, beginning at 9:00 a.m.,
Father shall have physical custody of Tyler until approximately
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3:15 p.m. on each of those days, at which time Mother shall
reacquire physical custody of Tyler, and shall retain physical
custody of Tyler through the entire weekend, until Monday morning
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at 9: 00 a .m. when Father shall, once again, reacquire physical
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custody of Tyler until approximately 3:15 p.m. of that same day
(Monday), when Mother shall reacquire custody of Tyler.
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in accordance with the foregoing schedule.
Thereafter, the parties will share physical custody of Tyler upon
a day to day and week to week basis which shall continue to repeat
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Husband shall have temporary custody for on.~
uninterrupted week during th,~ child's summer vacation.
Such
temporary custody shall extend no later than seven ()) days prior
to the first scheduled school clay of child. Husband shall provide
notice to Wife prior to June l, of each year the week in which he
wishes to have temporary custody.
Regardless of any provision set forth above, custody of
the child shall be divided as follows:
(a) temporary custody shall be provided to Husband on
Father's Day, and to Wife on Mother's Day.
(b) Husband and Wife will be provided custody of the
child on alternating holidays. Said holidays shall be considered
,
as Memorial Day, Independence Day, Labor Day, Thanksgiving,
Christmas (beginning at 6: 00 p. m. December 24 th and extending to
10:00 a.m. December 26th), New Year's Day and Easter Sunday.
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Husband will be provided temporary custody on Christmas, 1999 and
holidays shall alternate thereafter, unless otherwise agreed to by
the parties.
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(c) Husband and Wife will alternate yearly birthdays
of child for all birthdays occurring in 1999, and alternating
yearly thereafter.
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(a) \1:1" shelll not contract or incur <lny debt or
liability for which Husband or his property or estate might be
responsible and shall indemnify and save harmless Husband from any
and all claims or demands, including attorneys' fees and costs,
made against him by reason of debts or obligations incurred by
her.
(b) Husband shall not contract or incur any debt or
liability for which Wife or her property or estate might be
responsible and shall indemnify and save harmless Wife from any
and all claims or demands, including attorneys' fees and costs,
made against her by reason of debts or obligations incurred by
him.
10.
Mutual Release.
Except as otherwise provided
herein and so long as this Agreement is not canceled by subsequent
agreement, the parties hereby release and discharge, absolutely
and forever, each other from any and all rights, claims and
demands,
past,
present and future,
specifically
from the
following: alimony pendente lite; alimony; spousal support;
division of property; claims or rights of dower and right to live
in the House; right to act as executor or administrator in the
other's estate; rights as devisee or legatee in the Last Will and
Testament of the other; any claim or right as beneficiary in any
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life insurance policy of till! other unl.!:;:; :;pecificdlly IIdllleu
otherwise or as required herein; and any claim or right in the
distributive share or intestate share of the other party's estate,
all unless specified to the contrary herein or in a subsequent
writing signed by the parties hereto.
II. Tax Return. The parties have elected to file
separate individual income tax returns beginning with tax year
1998. Each party shall be solely liable for any tax liability
from that period forward and each shall indemnify, defend and hold
the other harmless from and against any such liability.
Husband agrees to unconditionally release any claim of
Federal and State income tax exemption for Tyler James DeArment
for all future years, beginning for the tax year 1999, and shall
execute IRS Form 8332, E'art II, to accomplish same.
12. Medical/Health Insurance. Upon execution hereof,
each party shall be responsible for their own medical/health
insurance and the maintenance thereof, if any. Husband shall
maintain health insurance for Tyler James.
13. Entire Agreement. This Agreement constitutes the
entire understanding between the parties, and there are no
covenants, conditions, representations or agreements, oral or
written, of any nature whatsoever, other than those herein
contained.
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L~~LLJ:.~iJld i nq .
! t is tIP' itlt~nr (,t the parties
hereto to be legally bound hereby, dnd thic: l\qreerw>nt :;hall bind
the parties
hereto and
their
respect i ','/.' hei t s,
expcutors,
administrators and assigns.
IS.
Full Disclosure.
Each party asserts that she or
he has fully and completely disclosed all the real and personal
property of whatsoever nature and wheresoever located belonging in
any way to each of them; of all debts and encumbrances incurred in
any manner whatsoever by each of them; of all sources and amounts
of income received or receivable by each party; and of every other
fact relating in any way to the subject matter of this Agreement.
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These disclosures are part of the consideration made by each party
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for entering into this Agreement.
Each party further represents
and warrants that there are no undisclosed debts or obligations
for which the other party may be liable, and each party shall
indemnify and hold harmless the other party from any such
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liabilities, including attorneys' fees and costs.
16.
Costs to Enforce.
In the event that either party
defaults in the performance of any duties or obligations required
by the terms of this Agreement, and legal proceedings are
commenced to enforce such duty or obligations, the party found to
be in default shall be liable for all expenses, including
reasonable attorneys'
fees,
incurred as a
resul t of
such
proceedings.
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17. Aqreernen~V.>l\llltdr:L,.nd C1I'''11LlJll!jPl_,;r:.'.):.:~L
Each party to this Agreement dd:nowledgcs ,md d,'cL,r"s thdt tw or
she respectively:
(a) Is fully and completely informed as to the
facts relating to the subject matter of this Agrcelnl':lt and d" to
the rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily
after receiving the <3dvice of independent counselor, having been
advised to consult independent counsel, has knowingly and
voluntarily chosen to forego such consultation;
(c) Has given careful and mature thought to the making
of this Agreement;
(d) Has carefully read each provision of this
Agreement; and
(e) Fully and completely understands each provision of
this Agreement, both as to the subject matter and legal affect.
18. Amendment or t10dification. This Agreement may be
amended or modified only by a written instrument signed by both
parties.
19. Applicable Law.
construed and enforced under
Commonwealth of E'ennsylvania.
This Agreement shall be governed,
the statute and case law of the
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COMMON~IEALTIl OF PI,:toJil:;YLVlltIIA
COUNTY OF ~
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On this, the /cPtJ..; day of ~ , 1999,
a Notary Public, the undersigned officer, person,dly appeared
Brian M. DeArment, kno',m to me (or satistac oril'! pu,van) tu be
the person whose ndIne is ~jub.scribed to the' within i:l:-:>trurnent dnd
acknowledged that he executed the same tor the purpuses herein
contained.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and official
COMMONWEALTH OF PENNSYLVANIA
SS. :
COUNTY OF C1.ux..bu'.J.tLuL
On this, the /CH:i.. day of Ih~ ' 1999,
a Notary E'ublic, the undersigned officer, personally appeared
Kelly I. DeArment, kno~m to me (or sat:isfactorily proven) to be
the person whose name is subscribed to the within instrument and
acknowledged that she executed the same for the purposes herein
contained.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and official
~u il. .~ ~f/(.U:i-
y Public 0
My Commission Expires:
(SEAL)
NOT AAIAL SEAL
CONNIE R. SHUL 11, NoIaty Public
Mechanicsbull/, CumboMnd CounIy
M Commission E . A . 19. 2002
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KELLY IlE AIlNEt\T,
Plain!iff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DIVISION
1;.t.,llp
NO. 9H-fl4e5 CIVIL TERM
VS,
BRIAN N. DE AIl~IENT,
()crendan!
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record. together with the following information to the court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under ~3301 (c)
88&JI~l~1I"tml<~lSli~.
(Strike oul inapplicable section).
2. Date and manner of service olthe complaint: December 2. 1998 - Service bv Sheriff
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 plaintiff Nay 17, 1999 ; by defendant Nay l2, 1999
(b) (1) Date of execution of the affidavit required by ~3301 (d)
of the Divorce Code:
(2) Date of filing and service oflhe plaintiff's affidavit upon the respondent:
4. Related claims pending: Equitable distribution claim which is resolved by Marital
Settlement Agreement, dated 5/l2/99, and which is to be incorporated in divorce
decree.
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with
the Prothonotary: Nay} / ,1999
Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with
the Prothonotary: May 2/ ,1999
v~ A ~.JJ
! Attor ey for Plaintiff I !llif&l\&llif
KELLY DE ARMENT,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.9,P.t.e:./(,. Civil Term
BRIAN M. DE ARMENT,
Defendant
Civil Action - In Divorce
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN NAMED DEFENDANT:
You have been named as the Defendant in a divorce
proceeding filed in the Court of Common Pleas of Cumberland
County, Pennsylvania.
This notice is to advise you that in
accordance with Section 3302 (d) of the Divorce Code, as amended,
you may request that the Court require you and your spouse to
attend marriage counseling prior to a Divorce Decree being handed
down by the Court. A list of professional marriage counselors is
available at the Office of the Prothonotary, One Courthouse
Square, Carlisle, Pennsylvania. You are advised that this list is
kept as a convenience to you and you are not bound to choose a
counselor from the list. All necessary arrangements and the cost
of counseling services are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your
request for counseling within twenty (20) days of the date on
which you receive this Notice. Failure to do so will constitute a
waiver of your right to request counseling.
21. Defendant is fully able to pay Plaintiff pendente
lite, couns"l fees, and expenses inc:ldental to this divorce
action.
WHEREFORE, Plaintiff respectfully requests this
Honorable Court enter an Order di.rect ing Defendant to pay alimony
pendente lite, reasonable counsel fees and expenses incidental to
this divorce action, as well as any further relief this Court
deems just and equitable.
COUNT V - Custody
22. The averments of paragraphs 1 through 21 above are
incorporated herein by reference as if set forth in full.
23. The Plaintiff and Defendant are the parents of one
minor child, Tyler, age eighteen (18) months.
24. There is currently no outstanding order of
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custody.
25. The Plaintiff/Mother has physical custody of
Tyler.
26. The mother of the minor child is Kelly DeArment
and the father of the minor child is Brian M. DeArment; and there
are no other parties in interest in this custody action.
27. Since his birth, the minor child has lived with
his mother and father at 211 East Main Street, Shiremanstown,
Pennsylvania 17011. Defendant left the home and was removed from
the lease in September, 1998.
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DATE: 1~!1Y
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KELL Y DE ARMENT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
l."Il.>
NO, 98-64$ Civil Term
v,
BRIAN M. DE ARMENT,
Defendant
Civil Action - In Divorce
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code
was filed on November 20, 1998.
2. The marriage of the Plaintiff and Defendant is irretrievably broken,
and ninety (90) days have elapsed from the date of both the filing and service of the
Complaint.
3, I consent to the entry of a final decree of divorce after service of
Notice of Intention to request entry of the Decree,
4. I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I participate in
counseling, I further understand that the Court maintains a list of marriage counselors
in the Prothonotary's Office, which list is available to me upon request. Being so
advised, I do not request that the Court require that my spouse and I participate in
counseling prior to a divorce decree being handed down by the Court,
v.
110.
Civi 1 T',rm
BRIAN M. DE ARMENT,
Defendant
Civil Action - In Divorce
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of
Divorce without noti(~e.
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
E'rothonotary.
I verify that the statements made in this Affidavit are
true and correct. I understand that false statements herein are
made suhject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
~~rw~
Brian M. DeArment
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