HomeMy WebLinkAbout05-5032
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v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. [)~- S-D3~ C,~~L~~
JASON E. BARTLETT,
Plaintiff
CNIL ACTION - LAW
BRENDA L. BARTLETT,
Defendant
IN DNORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Mid Penn Legal Services
8 Irvine Row
Carlisle, P A 17013
717-243-9400
A VISa
USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de
los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y A viso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie
advierte de que si usted fana de tomar acci6n como se describe anteriormente, el caso puede
pro ceder sin usted y un fano por cualquier suma de dinero rec1amada en la demanda 0 cualquier
otra rec1amaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO
INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA
SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
Mid Penn Legal Services
8 Irvine Row
Carlisle, P A 17013
717-243-9400
2
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. O!;- 5C>3.:L C'ut.tT~
CIVIL ACTION - LA W
JASON E. BARTLETT,
Plaintiff
BRENDA L. BARTLETT,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I
AND NOW, comes the Plaintiff, Jason E. Bartlett, by and through his attorneys,
Cunningham & Chernicoff, P.C., and seeks to obtain a Decree in Divorce from the Defendant,
Brenda L. Bartlett, and in support thereof avers as follows:
1. The Plaintiff, Jason E. Bartlett, resides at 5715 Aspen Lane, Enola, Cumberland
County, Pennsylvania. The Plaintiff is a citizen of the United States of America. Plaintiffs
Social Security Number is 167-54-3713.
2. The Defendant, Brenda L. Bartlett, resides at 6128 Wallingford, Mechanicsburg,
Cumberland County, Pennsylvania. The Defendant is a citizen of the United States of America.
Defendant's Social Security Number is 203-48-5669.
3. The Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania
for at least the last six (6) months immediately previous to the filing of this Complaint.
4. The Defendant has been a bona fide resident in the Commonwealth of
Pennsylvania for at least the last six (6) months immediately previous to the filing of this
Complaint.
5. The Plaintiff and Defendant were married on December 28,2001, in Ochos Rios,
Jamaica..
6. The Plaintiff avers as the grounds on which this action is based that the marriage
is irretrievably broken.
7. There has been no prior action for divorce or annulment of marriage between the
parties in this or any other jurisdiction.
8. The Plaintiff has been advised of the availability of counseling and that the
Defendant may have the right to request that the Court require the parties to participate in
counseling.
WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce
from the bonds of matrimony.
2
COUNT II
9. The averments in Paragraphs 1 through 8, inclusive, are incorporated herein by
reference thereto.
10. One (1) child of the parties were born during the course of the marriage, namely,
Madison Skyler Bartlett, born May 26, 2004.
11. The aforesaid child resides with the Defendant, Brenda L. Bartlett, and the best
interests of the child demands that Plaintiff and Defendant be awarded shared legal custody of
the child as set forth in the Marital Settlement Agreement.
12. Since the birth of the aforesaid minor child, she has continuously resided with the
Plaintiff and Defendant at the following addresses:
5715 Aspen Lane
Enola, P A
6125 Wallingford Way
Mechanicsburg, P A
13. Plaintiff has not participated as a party, witness or in any capacity whatsoever in
any other litigation concerning the custody of his child. Plaintiff has no information of any
custody proceeding concerning this child pending in a court of this or any other state.
3
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IN THE COURT OF COMMON PLEAS
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OFCUMBERLANDCOUNTY
STATE OF
PENNA.
JASON E. BARTLETT
PLAINTIFF
No. 05-5032
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VERSUS
BRENDA L. BARTLETT
DEFENDANT
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DECREE IN
DIVORCE
AND NOW,~.{Jt ot.
r-z1
2005
IT IS ORDERED AND
,--,
JASON E. BARTLETT
DECREED THAT
, PLAINTIFF,
BRENDA L. BARTLETT
AND
, 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; ~
MARITAl SFTTI EMENT AGRFFMFNT INCORPORATED 8Y RFFF'RFNCE
Y
By THE COURT:/
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ROTHONOTARY
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14. The Plaintiff is in all respects a fit and proper person to have shared physical and
legal custody of the minor child and the best interests of the child demand that Plaintiff be
awarded shared physical and legal custody of the minor child.
WHEREFORE, Plaintiff requests the Court to enter an Order granting Plaintiff shared
physical and legal custody of the minor child of the parties.
Respectfully submitted,
By:
ICOFF, P.C.
unningham, Esquire
Attorn .D. 23144
2320 orth Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Telephone: 717.238.6570
Attorney for Plaintiff
Dated: September ;)3, 2005
F:IHOMEIAHEWITTlDOCSIA-ClBARTLETTlDIVORCE\COMPLAIN.WPD
4
VERIFICATION
The undersigned, Plaintiff, verifies that the statements contained in the foregoing 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.A. 94904, relating to unsworn
falsification to authorities.
Dated: 9/25 /as
~~ 4~~~
Jason E. Bartlett
AFFIDA VIT
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF DAUPHIN
I, Jason E. Bartlett, being duly sworn according to law, depose and say:
1. 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.
2. I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
3. 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.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
g4904 relating to unsworn falsification to authorities.
~~~
Jason E. Bartlett
SWORN to and S~scribed to
before me this dJ day of
September, 2005.
Ug~
Notary Public
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AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
: ss
COUNTY OF DAUPHIN
The Plaintiff, being duly sworn according to law, deposes and says that he is the Plaintiff
in the above-captioned matter and that he personally knows that the Defendant is over the age of
eighteen (18) years.
The Plaintiff further avers that the Defendant is not in the Military Service or in any
branch of the Armed Forces of the United States of America or its Allies or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its
Amendments.
(~~ ~.~~
Jason E. Bartlett
SWORN to and Su~ribed to
before me this t( J day of
September, 2005.
~d~
Notary Public
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CERTIFICATE OF SERVICE
I do hereby state that on thea1lctay of September, 2005, I served a true and correct
copy of the foregoing in the captioned matter, by personal service, addressed to:
Darren J. Holst, Esquire
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
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Angela L. Hewitt
Legal Secretary
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JASON E. BARTLETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05-5032 CNIL TERM
CNIL ACTION - LAW
BRENDA 1. BARTLETT,
Defendant
IN DNORCE
PRAECIPE TO FILE
PROOF OF ACCEPTANCE OF SERVICE
TO THE PROTHONOTARY:
Please filed the attached Acceptance of Service as Proof of Service of the Divorce
Complaint in the above captioned matter on September 26, 2005.
Respectfully submitted,
By:
ICOFF, P.C.
rdan . nningham, Esquire
PALD. 0.23144
2320 orth 2nd Street
Harrisburg, PA 17110
(717) 238-6570
Attorney for Plaintiff
Dated: September 29, 2005
F:\HOMEIAHEWITI\DOCSIA-C\BARTLE'ITlDIVORCE\PRAESER V. WPD
JASON E. BARTLETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
CIVIL ACTION - LAW
BRENDA L. BARTLETT,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Darren J. Holst, Esquire, Attorney at Law, hereby accept service of a certified copy of
the Divorce Complaint filed on September 26, 2005, to the above term and number on behalf of
the Defendant, Brenda L. Bartlett, on this 26'h day of September, 2005.
Respectfully submitted,
By: ~;:;H2t!.!rf
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
F:\HOMEIAHEWITI\DOCSIA-CIBARTLETI\DIVORCEIACCPSER V. WPD
CERTIFICATE OF SERVICE
I do hereby state that on the~ay of September, 2005, I served a true and correct
copy of the foregoing Praecipe to File Proof of Acceptance of Service in the captioned matter,
by personal service, addressed to:
Darren J. Holst, Esquire
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
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JASON E. BARTLETT,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. os.Jilll!. S;3 Z-
CNIL ACTION - LAW
BRENDA 1. BARTLETT,
Defendant : IN DNORCE
PRAECIPE TO WITHDRAW
COUNT II OF THE DIVORCE COMPLAINT
TO THE PROTHONOTARY:
Please withdraw Count II of the Divorce Complaint filed in the
above captioned matter.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.c.
By: ~
Jo 1 D. C ingham, Esquire
1\ I.D. No. 23144
2320 North 2"d Street
Harrisburg, P A 17110
(717) 238-6570
Attorneys for Plaintiff
Dated: December 21i 200S
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
JASON E. BARTLETT,
v.
: NO. 05-6532 S03:z..
CIVIL ACTION - LAW
BRENDA L. BARTLETT,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S3301(c) ofthe Divorce Code was filed on
September 26,2005.
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
false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn
falsification to authorities.
~7F4~M
ason E. Bartlett
Dated: ~;), \ a010'5
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JASON E. BARTLETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05~2 S03 ~
CNIL ACTION - LAW
BRENDA L. BARTLETT,
Defendant
IN DNORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER &330I(c) OF TilE 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! do not claim them before a divorce is finalized.
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. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
~~/lS~-e;:f7.~
Brenda L. Bartlett
Dated: I L j z...&, ) D.s-
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JASON E. BARTLETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 05...e532- S-63~
CIVIL ACTION. LAW
BRENDA L. BARTLETT,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S3301(c) of the Divorce Code was filed on
September 26, 2005..
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date offiling 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. S4904 relating to unsworn
falsification to authorities.
~~.qf-
Brenda L. Bartlett
Dated:
12-\ L0.1 05
iF
-
CERTIFICATE OF SERVICE
I do hereby state that on the 26th day of December, 2005, I served a true and correct copy
of the foregoing in the captioned matter, by personal service, addressed to:
Darren J. Holst, Esquire
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
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Angel~ Hewitt
Legal Secretary
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JASON E. BARTLETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-~ S'6,j ~
CIVIL ACTION - LAW
BRENDA L. BARTLETT,
Defendant
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 if! do not claim them before a divorce is finalized.
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. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
~f",' r ~(:tLI1
Jason E. Bartlett
Dated: I~.;l, jd, \.9.1 G 5'
.
,.
CERTIFICATE OF SERVICE
I do hereby state that on the 26th day of December, 2005, I served a true and correct copy
of the foregoing in the captioned matter, by personal service, addressed to:
Darren J. Holst, Esquire
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
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Angela L. Hewitt
Legal Secretary
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MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
JASON E. BARTLETT
AND
BRENDA L. BARTLETT
Jordan D. Cunningham, Esquire
Cunningham & Chernicoff, P.C.
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106.0457
(Attorney for Jason Bartlett)
Darren J. Holst, Esquire
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
(Attorney for Brenda L. Bartlett)
TABLE OF CONTENTS
HEADINGS
PAGE
1. ADVICE OF COUNSEL ................................................. 2
2. DISCLOSURE OF ASSETS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. PERSONAL RJGHTS ....................................................4
4. EQUlTABLE DISTRJBUTION ...... ..... ........ ... ... .............. ......4
(a) Real Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
(b) Furnishings and Personal Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
(c) Cash Accounts, Stocks and Investments ................................ 6
(d) Motor Vehic1es . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
(e) ExceI401(K)SavingsPlan.......................................... 7
(f) Holy Spirit HospitaI401(K) Savings Plan ..............................7
(g) Equitable Distribution Payment ...................................... 8
(h) Miscellaneous Propeliy ............................................. 8
(i) Property to Wife .................................................. 8
U) Property to Husband ............................................... 8
(k) Capital Gains Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
(1) Transfer of Assets Not A Sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
5. ALIMONY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6. LIABILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7. WIFE'S RELOCATION AND MONTHLY
RENTAL PAyMENT................................................... 14
ii
TABLE OF CONTENTS (Continued)
HEADINGS
PAGE
8. CUSTODY OF MINOR CHILD .......................................... 14
(a) Week 1 ........................................................ 15
(b) Week 2 ........................................................ 15
(c) Summer Vacation ................................................ 16
(d) Holidays...................................................... .16
(e) Christmas. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
(t) Others. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 16
(g) Transportation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
(h) Harassment or Interference ......................................... 17
(i) Entry of Court Order .............................................. 17
(j) Controlled Substance and Alcohol Consumption. . . . . . . . . . . . . . . . . . . . . . . . .17
(k) Other Custody Rights ............................................. 18
(1) Illness of Child .................................................. 18
9. CHILD SUPPORT, INCOME TAX DEPENDENCY
EXEMPTION FOR MINOR CHILD AND
MEDICAL INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . 19
10. COUNSEL FEES ...................................................... 20
11. WAIVER OF BENEFICIARY DESIGNATIONS ............................. 20
iii
TABLE OF CONTENTS (Continued)
HEADINGS
PAGE
12. LIFE INSURANCE
................................................21
[3. RELEASE OF CLAIMS.... ......... ... .. . ........... ..... ...... " '" ...24
14. PRESERVATION OF RECORD ..........................................26
15. MODIFICATION. ........ '" ...... ..... . .......... '" ........ .........26
16. SEVERABILITy.......... ...... ...... ..' ..... ................ ........26
17. BREACH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
18. WAIVEROFBREACH................................................ .26
19. NOTICE..... ... ..... ... ......... ..... ...... ......... .. '" ... .. ..' ...27
20. APPLICABLE LAW ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
21. AGREEMENT BINDING OR PARTIES AND HEIRS ........................27
22. ENTIRE AGREEMENT .................................................28
23. PRlOR AGREEMENTS .................................................28
24. INCORPORATION OF DOCUMENTS .................................... 28
25. MUTUAL COOPERATION .............................................28
26. DATE OF EXECUTION ................................................ 29
27. EFFECTIVE DATE .................................................... 29
28. AGREEMENT NOT TO BE MERGED .................................... 29
29. EFFECT OF RECONCILIATION
RECONCILIATION ATTEMPT ..........................................29
iv
TABLE OF CONTENTS (Continued)
HEADINGS
PAGE
30. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS .................. 30
31. CONTRACT INTERPRETATION ........................................30
32. ENFORCEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
33. HEADINGS NOT PART OF AGREEMENT ................................31
34. COUNTERPARTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
v
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT made this 3.... day of August, 2005 by and between Brenda L.
Bartlett of Enola, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"), and
Jason E. Bartlett of Eno1a, Cumberland County, Pennsylvania (hereinafter referred to as
"HUSBAND"),
WITNESSETH:
WHEREAS, WIFE was bom on April 7, 1975, and currently resides at 5715 Aspen Lane,
Eno1a, Cumber County, Pennsylvania;
WHEREAS, HUSBAND was bom on September 12, 1970, and currently resides at 57J5
Aspen Lane, Enola, Cumberland County, Pennsylvania;
WHEREAS, the parties hereto are husband and wife, having been married on December
28,2001 in Ochos Rios, Jamaica;
WHEREAS, the parties are the parents of the following minor child:
Name
Sex
Date of Birth
May 26, 2004
Madison Skyler Bartlett
F
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
the support and maintenance of one another, and in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
1
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants, and undertakings hereinafter set forth, and for other good and valuable consideration,
receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as
follows:
1. ADVICE OF COUNSEL:
The provisions of this Agreement and their legal effect have been fully explained
to HUSBAND by his counsel, Jordan D. Cunningham, Esquire, and to WIFE by her counsel,
Darren J. Holst, Esquire. Each party acknowledges that he or she has had the opportunity to
receive independent legal counsel of his or her selection, and that each fully understands the facts
and his or her legal rights and obligations, and each party acknowledges and accepts that this
Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and
voluntarily, 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 improper or illegal agreement or agreements. In
addition, each party hereby acknowledges that he or she is aware of the impact of the
PemJsylvania Divorce Code, 23 Pa. C.S.A. ~3101, et~., whereby the Court has the right and
duty to determine all martial rights of the parties including divorce, alimony, alimony pendente
li1e, equitable distribution of all marital property or property owned or possessed individually by
the other, counsel fees and costs oflitigation and, fully knowing the same, and being fully
advised of his or her rights thereunder, each party hereto still desires to execute this Agreement,
acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of
the parties, and waives his and her respective right to have the Court of Common Pleas of
2
Cumberland County, or any other court of competent jurisdiction, make any determination or
order affecting the respective parties' rights to alimony, alimony pendente lite, equitable
distribution of all marital property, counsel fees and costs of litigation, or any other right arising
lTom the parties' marriage.
2. DISCLOSURE OF ASSETS:
Each ofthe parties hereto acknowledges that he or she is aware of his or her right
to engage in discovery, including but not limited to, written interrogatories, motions for
production of documents, the taking of oral depositions, the filing of inventories, and all other
means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of
Civil Procedure and each of the parties specifically waives his or her right to engage in any
further discovery. Each ofthe parties further acknowledges that he or she is aware of his or her
right to have the real and/or personal property, estate and assets, earnings and income of the other
assessed or evaluated by the Courts of this Commonwealth or any other Court or competent
jm1sdiction. The respective parties do hereby warrant that there has been full and fair disclosure
to the other of his or her income, assets and liabilities, and each party agrees that any right to
further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby
specifically waives, and the parties do not wish to make or append hereto any further
enumeration or statement. The parties hereby acknowledge and agree that, based upon the
warrants of disclosure, the division of the marital assets as set forth in this Agreement is
considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto
further covenant and agree for himself and herself and his or her heirs, executors, administrators
or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs,
3
executors, administrators or assigns in any action of contention, direct or indirect, and allege
therein that there was any duress, undue influence, or that there was a failure to have available
full, proper and independent representation by legal counsel.
3. PERSONAL RIGHTS:
HUSBAND and WIFE may, at all times hereafter, live separate and apart. Each
shall be free from all control, restraint, interference and authority, direct or indirect the other.
Each may reside at such place or places as he or she may select. Each may, for his or her
separate use or benefit, conduct, carry on or engage in any business, occupation, profession or
employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest,
harass, disturb or malign each other or the respective families of each other, nor compel or
attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with
him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any
property now owned by or hereafter acquired by the other.
4. EQUITABLE DISTRIBUTION:
The parties intend pursuant to this Agreement to effect an equitable distribution of
marital assets which as close as possible reflects an equal split of those assets. The parties in
establishing the value of the marital assets have taken into consideration debt associated with the
asset(s), the marital portion of the asset(s), the transactional costs associated with the assets and
the potential taxes associated with the transfer of the assets. The following is a narrative
description of the division and distribution of the marital assets and the value of the assets are set
forth in Exhibit 1.
4
(a) Real Property: The parties acknowledge that HUSBAND and WIFE are
the owners of a parcel of real property known and numbered as:
(i) 5715 Aspen Lane, Enola, Cumberland County, Pennsylvania.
WIFE shall transfer by Special Warranty deed to HUSBAND all of
her right, title and interest in the above referenced property by or to
HUSBAND.
(ii) 4 Sand Dollar Drive, Grantham, Cumberland County,
Pennsylvania.
WIFE shall transfer to by Special Warranty deed HUSBAND all
of her right, title and interest in the above referenced property by or to
HUSBAND. WIFE assigns HUSBAND all interest she has in a certain
Installment Sales Agreement by and between Jason E. and Brenda L.
Bartlett and David A. Bartlett dated June I, 2004.
The deeds to the aforesaid properties shall be executed by
HUSBAND and WIFE in recordable form which deeds shall be held in
trust by WIFE'S counsel. WIFE'S counsel shall release to HUSBAND the
deed for the Aspen Lane property upon WIFE'S counsel receiving notice
from HUSBAND or HUSBAND'S counsel that HUSBAND has complied
with the provisions Paragraph 6 (c)(i) and the deed for the Sand Dollar
Drive property that HUSBAND has complied with the other provisions of
Paragraph 6 (c)(ii).
5
(b.) Furnishings and Personal Property:
As of the effective date of this Agreement, HUSBAND sets over, transfers
and assigns to WIFE all of his right, title, claim and interest in and to all items of
personality set forth in Exhibit "2". Effective as of the date of this Agreement,
WIFE shall set over, transfer and assign to HUSBAND all of her right, title, claim
and interest in all items of personality set forth in Exhibit "3".
(c.) Cash Accounts, Stocks and Investments:
(i.) Members First Checking Account, account number 127307:
HUSBAND shall retain possession of and receive as his sole and
separate property the sum of $1 ,620.00 representing the entire balance of
the above refereuced account
(ii.) Edward Jones Investment Account, account number
616-07986-1-4:
Prior to marriage, HUSBAND established the above referenced
account, the account has a marital value of $19,900.00. HUSBAND shall
retain the entire balance of the account to remain the sole and separate
property of HUSBAND. WIFE hereby waives, release and relinquishes
any and all past, present or future right, title, claim or interest in and to
said account and the monies contained therein.
(d.) Motor Vehicles:
(i.) WIFE shall retain possession of and receive as her sole and
separate property a 2004 Honda Pilot.
6
(ii) HUSBAND shall retain possession of and receive as his sole and
separate property a 2002 T oyola Four Runner.
(iii) HUSBAND and WIFE agree to execute, acknowledge and deliver,
within thirty (30) days of HUSBAND'S or WIFE'S request, any and all
instruments or documents necessary to effectuate the transfer of the
vehicles pursuant to the terms of this subparagraph.
(iv) The parties agree to indemnify and hold each other and their
property hannless from any liability, debt service, encumbrances,
financing obligations, cost or expense, including attorney's fees, incurred
in connection with the vehicle(s) awarded to them by the terms of this
subparagraph.
(e) Exce1401(K) Savings Plan:
The parties a[,'1'ee that HUSBAND shall be awarded the full sum of the
ExceI401(K) Savings Plan in which HUSBAND is a participant. WIFE
specifically releases and waives any and an right, title, claim or interest that she
may have in and to the above referenced 40 I (K) Savings Plan.
(f.) Holy Spirit Hospita1401(K) Savings Plan:
The parties agree that WIFE shall be awarded the full sum of the
Holy Spirit HospitaI401(K) Savings Plan in which WIFE is a participant.
HUSBAND specifically releases and waives any and all right, title, claim or
interest that he may have in and to the above referenced 40 I (K) Savings Plan.
7
(g.) Equitable Distribution Payment:
HUSBAND shall pay to WIFE, as and for equitable distribution and in
consideration of all rights arising from the marital relationship except as
previously set forth, the sum of$79,987.50 in a lump sum within six (6) days of
refinancing of the obligation set forth in Paragraph 6(a)(i), provided, however, no
later than sixty (60) days following the execution of this Agreement.
(h.) Miscellaneous Property:
All property not specifically addressed herein shall be hereafter owned by
the party to whom the property is titled; and if untitled, the party in possession.
This Agreement shall constitute a sufficient bill of sale to evidence the transfer of
any and all rights in such property from each to the other.
(i.) Property to Wife:
The parties agree that WIFE shall own, possess, and enjoy, free from any
claim of HUSBAND, the property awarded to her by the terms of this
Agreement. HUSBAND hereby quitclaims, assigns and conveys to WIFE all such
property, together with any insurance policies covering that property, and any
escrow accounts relating to that property. This Agreement shall constitute a
sufficient bill of sale to evidence the transfer of any and all rights in such property
from HUSBAND to WIFE.
(j) Property to Husband:
The parties agree that HUSBAND shall own, possess, and enjoy, free
from any claim of WIFE, the property awarded to her by the terms of this
8
Agreement. WIFE hereby quitclaims, assigns and conveys to HUSBAND all
such property, together with any insurance policies covering that property, and
any escrow accounts relating to that property. This Agreement shall constitute a
sufficient bill of sale to evidence the transfer of any and all rights in such property
from WIFE to HUSBAND.
(k) Capital Gains Taxes
Each party shall be solely responsible for the payment of any personal
income taxes realized from capital gains experienced from the sale of assets
transferred or distributed to them pursuant to the terms of this Agreement.
(I) Transfer of Assets Not A Sale:
By this Agreement, the parties have intended to effectuate and by this
Agreement have equally divided their marital property. The parties have
determined that such equal division 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. As a part of the equal division
of the marital properties and the marital settlement herein contained, the parties
agree to save and hold each other harmless from all income taxes assessed against
the other resulting from the division of the property as herein provided.
5. ALIMONY
HUSBAND and WIFE each specifically waive the right to receive alimony,
alimony pendente lite and maintenance from each other.
9
6. LIABILITIES
(a.) HUSBAND shaH pay the foHowing marital liabilities heretobeforc
incurred by or on the behalf of WIFE, HUSBAND and/or Child:
(i) Northwest Financial (Mortgage) - $206,400.00;
(ii) Chase Financial (Toyota loan) - $8,763.36; and
(iii) Suntrust Co. (Mortgage) - $79,000.00
Total: $294,163.36
HUSBAND shaH make all payments due with regard to the above
obligations in a timely manner pursuant to the terms of the loans and/or credit
card agreements.
(b.) HUSBAND shaH be solely responsible for aH debt he has incurred as a
result of Paragraph 6(a) above and/or in his name alone, including, but not limited
to, obligations to issuers of credit cards in his name, and HUSBAND further
agrees that he wiH indemnify and hold WIFE and her property harmless from any
liability, cost or expense, including attorney's fees, associated with these
obligations.
(c)(i) HUSBAND shall refinance and/or secure the release of WIFE from the
obligation set forth in Paragraph (a)(i) above with sixty (60) days of the date of
this Agreement.
(ii) HUSBAND shall, no later than 90 days from the date of execution of this
Agreement, take all steps necessary to apply with the current mortgage holder of
the mortgage associated with the obligation set forth in Paragraph 6 (a) (iii) to
10
have WIFE'S name released from any liability thereon. Should the mortgage
holder deny said application, HUSBAND shall reapply to remove WIFE from the
liability associated with the mortgage every six (6) months thereafter until such
time as the mortgage holder approves said application. HUSBAND shall have a
duty to provide WIFE with copies of all documentation evidencing that he is in
cornpliance with this subparagraph within 48 hours of submitting said
documentation to the mortgage holder or upon receipt of said documentation from
the mortgage holder.
(d.) WIFE shall pay the following marital liabilities hertobefore incurred by or
on behalf of HUSBAND, WIFE and/or Child:
(i) Members First Credit Union (Honda loan) - $17,579.06.
Total:
$17,597,06
(e.) WIFE agrees that she shall be solely responsible for all debt she has
incurred as a result of Paragraph 6(c) above and/or in her name alone, including,
but not limited to, obl.igations to issuers of credit cards in her name and WIFE
further agrees that she will indemnify and hold HUSBAND and his property
harmless from any liability, cost or expense, including attorney's fees, associated
with these obligations.
(f.) Unless otherwise provided herein, each party hereby assumes the debts,
encumbrances, taxes (past and future) and liens on all the property each will hold
subsequent to the date of this Agreement, and each party agrees to indemnify and
hold harmless the other party and his or her property from any claim or liability,
11
cost or expense, including actual attorney's fees, that the other party will suffer or
may be required to pay because of such debts, encumbrances or liens.
(g.) Liability Not Listed:
Each party represents and warrants to the other that he or she has not
incurred any debt, obligation or other liability, other than those
described in this Agreement, on which the other party is or may be liable. A
liability not disclosed in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and each party agrees to pay it as the
same shall become due, and to indemnify and hold the other party and his or her
property harmless from any and all such debts, obligations and liabilities.
(h.) Indemnification of Wife:
If any claim, action or proceeding is hereafter initiated seeking to hold
WIFE liable for the marital debts or obligations assumed by HUSBAND under
this Agreement as a result of his default in the payment of the said marital or
business debts, HUSBAND shall, at his sole expense, defend WIFE against any
such claim, action or proceeding, whether or not well-founded, and indemnify her
and her property against any damages or loss resulting therefrom, including, but
not limited to, costs of court and actual attorney's fees incurred by WIFE in
connection therewith.
(i.) Indemnification of Husband:
If any claim, action or proceeding is hereafter initiated seeking to hold
HUSBAND liable for the debts or obligations assumed by WIFE under this
12
Agreement, WIFE shall, at her sole expense, defend HUSBAND against any such
claim, action or proceeding, whether or not well-founded, and indemnify him and
his property against any damages or loss resulting therefrom, including, but not
limited to, costs of court and actual attorney's fees incurred by HUSBAND in
connection therewith.
(j.) Warranty as to Future Obligations:
HUSBAND and WIFE shall take all steps necessary to assure that no
credit cards or similar accounts or obligations exist which provide for joint
liability. From the date of execution of this Agreement, each party shall use only
those credit cards and accounts for which that party is individually liable and
the parties agree to cooperate in closing any and all accounts on which joint
liability may be incwTed. HUSBAND and WIFE each represents and warrants to
the other that he or she will not at any time in the future incur or contract any
debt, charge or liability for which the other, the other's legal representatives,
property or estate may be responsible. Each party hereby agrees to
indemnify, save and hold the other and his or her property hannless from any
liability, loss, cost or expense whatsoever, including attorney's fees, incurred in
the event of breach hereof.
7. WIFE'S RELOCATION AND MONTHLY RENTAL PAYMENT AND
CHILD CARE SERVICES:
_____It is WIFE'S intent to relocate. WIFE shall pay HUSBAND upon receipt of the
lump sum payment set forth in Paragraph 4(g) the sum of $800.00 a month to be paid on the first
13
(1") day of each month she resides in the former marital residence; said sum to be pro-rated for
each day she resides in the former marital residence after WIFE'S receipt of the lump sum
payment. By way of illustration, if WIFE receives lump sum payment on August 5, 2005, and
relocated on August 30, 2005 then in that event WIFE would pay HUSBAND the sum of
$666.66 ($26.56 x 25 = $666.66). The obligation of WIFE to pay rent to HUSBAND shall
terminate on the date she vacates the former marital residence.
While WIFE resides in the former marital residence, she shall solely pay for the
minor child's day care cost which are anticipated to equal $161.00 per week. HUSBAND shall
reimburse WIFE $80.50 per week for said day care cost until WIFE relocates and leaves the
former marital residence.
8. CUSTODY OF MINOR CHILD:
HUSBAND and WIFE, at the date of the execution of this Agreement, are
residing at the former marital residence. It is anticipated WIFE shall be removing herself and the
minor child from the former marital residence in August of2005. Until WIFE and minor child
relocate, HUSBAND and WIFE shall continue to operate under the custody arrangement
presently in effect.
Upon WIFE and minor child's relocation, HUSBAND and WIFE agree that
HUSBAND and WIFE shall have shared legal custody of the parties' minor child. "Legal
custody" as used herein shall mean the legal right to make major decisions affecting the best
interest of a minor child, including major medical, religious and educational decisions;
educational decisions shall be defined as those decisions directly related to or affecting the
academic performance of a minor child in the classroom.
14
WIFE shall have primary physical custody of said minor child. "Physical custody" as
used herein shall mean actual physical possession and control of a child. HUSBAND shall have
the following rights of partial custody with said minor child with weekly periods of partial
custody broken into two (2) alternating segments as follows:
(a) Week 1
(a1.) Weekdays:
Tuesday evening beginning at 5:30 p.m. and terminating at 7:30 p.m.
prevailing time and Thursday evening beginning at 5:30 p.m. and
terminating Friday mornings at 8:00 a.m. prevailing time.
(a2.) Weekend:
Saturday morning at 11 :30 a.m. prevailing time and terminating Sunday at
6:00 p.m. prevailing time.
(b.) Week 2
Weekdays:
(b.l) Tuesday evening beginning at 5:30 p.m. and terminating at 7:30
p.m. prevailing time.
(b.2) Friday evening beginning at 5:30 p.m. and terminating on Saturday
at 9:30 a.m. prevailing time.
(c) Summer Vacation:
HUSBAND and WIFE shall each have a separate period of time each year
during the minor child's summer vacation the exact dates to be agreed upon from
time to time.
15
(d.) Holidays:
The parties shall share the custody of the minor child as equally as
possible on the following holidays - New Year's Day, President's Day, Memorial
Day, July Fourth, Labor Day, and Veteran's Day with each parent having partial
custody of the minor child between the hours of 8:00 a.m. and 6:00 p.m.
prevailing time. The parties shall share custody on Thanksgiving Day and Easter
with each parent having partial custody ofthe minor child between the hours of
9:00 a.m. the day of the holiday to 7:00 p.m. the day of the holiday. Father shall
have the child on Father's Day and Mother shall have the child on Mother's Day,
with the period of partial custody due exercised between the hours of 12:00 noon
and 5:00 p.m.
(e.) Christmas:
The parties shall share the custody of the minor child as equally as
possible from December 24 at 12:00 p.m. noon prevailing time until 7:30 p.m. on
Christmas Day.
(f.) Other:
Such other times as the parties may hereinafter agree.
(g.) Transportation:
HUSBAND and WIFE shall share the transportation of the minor
child. HUSBAND shall be responsible for the pickup of the minor child at his
place of domicile and WIFE shall be responsible to pick up and take redelivery of
the child at the end of HUSBAND'S period of custody.
16
(h.) Harassment or Interference:
The parties further agree that they will not utilize the right of custody or
visitation in order to harass or interfere with the other's right to live and remain
separate and apart from each other. In the event that either party utilizes custody or
visitation rights to harass or interfere as hereinabove described, the parties
expressly agree that, in addition to all other legal and equitable remedies available
to them, they may make immediate application with a court of appropriate
jurisdiction to pursue appropriate judicial remedies for said harassment or said
interference.
(i.) Entry of Court Order:
HUSBAND and WIFE agree to the entry of a Court Order of Custody in
accordance with the terms and provisions of this Agreement by a court of
competent jurisdiction.
(j.) Controlled Substance and Alcohol Consumption:
HUSBAND and WIFE agree that at times the minor child is in their
custody they shall not possess or ingest any "controlled substance" as that term is
defined by "The Controlled Substance, Drug, Devices, and Cosmetic Act" 35 P.S.
9780-101. HUSBAND and WIFE agree that at times the minor child is in their
custody, they shall not consume alcoholic beverages or other substances to the
point of intoxication.
(k.) Other Custody Rights:
In addition to any provisions which may be contained herein regarding
17
custody rights set forth hereinabove, each party shall have the following rights with
respect to the child: reasonable telephone calling privileges provided that each
party may exercise his or her telephone calling privileges a maximum of no more
than two (2) calls per day, providing nothing herein is to be construed to limit the
child from calling either parent as they desire; access to report cards and other
relevant infonnation concerning the progress of the child in school; approval of
extraordinary medical and/or dental treatment except in the case of an emergency
and provided that such approval shall not be unreasonably withheld. Each of the
parties agree to provide the other with their address and telephone numbers, and to
advise of any change thereof within ten (10) days.
(I.) Illness of Child:
In the event of any serious illness of either ofthe child at any time, the
party then having physical custody of the said child shall immediately
communicate with the other party by telephone or any other means, informing the
other party of the nature of the illness. During such illness, each party shall have
the right to visit the child as often as he or she desires, consistent with the proper
medical care of the child.
18
9. CHILD SUPPORT, INCOME TAX DEPENDENCY EXEMPTION FOR
MINOR CHILD AND MEDICAL INSURANCE:
(a) Until such time WIFE and the parties' minor child no longer reside with
HUSBAND in the former marital residence, HUSBAND has no duty to pay WIFE
child support.
Upon WIFE'S and minor child's relocation from the former marital
residence, HUSBAND shall pay to WIFE sum of $800.00 per month for the
support of the parties' minor child to be paid in semi-monthly installments of
$400.00 on or before the 15'h and last day of each successive month. The parties
acknowledge that HUSBAND'S child support obligation includes his share of the
day-care expenses. This obligation shall commence on the date WIFE and child
vacated the marital residence.
(b.) HUSBAND 'lgrees to continue to provide such health insurance for the
minor child as is currently provided to HUSBAND. WIFE agrees to provide such
health insurance for the child which may be available to her through any future
employer as long as there is no cost to her. The requirement of HUSBAND and
WIFE to maintain adequate health insurance as provided in this Agreement
continues until the child reach the age of eighteen (18) or; if in college or post
secondary education, until the age oftwenty-two (22).
(c.) The parties further acknowledge that HUSBAND'S child support
obligation shall be governed under the Pennsylvania Support Guidelines such that
it can be modified upward or downward based upon Pennsylvania Support Law.
19
Should HUSBAND become more that fifteen (15) days in arrears on his child
support obligation, the parties agree that WIFE may seek enforcement through the
local Domestic Relations Office for purpose of obtaining a wage attachment order.
HUSBAND agrees to be solely responsible for any and all costs incurred by WIFE
in seeking enforcement through the Domestic Relations Office in obtaining the
wage attachment.
(d.) The parties agree that they will be equally responsible for any and all
extracurricular activities for the child including, but not limited to, group and
individual sports and activities or school activities.
(e.) WIFE shall be responsible for the first Two Hundred Fifty Dollars
($250.00) annually ofthe child's unreimbursed medical expenses with any
additional amounts allocated between the parties with HUSBAND responsible for
sixty percent (60%) of said cost and WIFE responsible for forty percent (40%) of
said costs.
lO. COUNSEL FEES:
HUSBAND and WIFE shall each be solely responsible for their respective counsel
fees, costs and expenses which each of the parties may incur in connection with the negotiation
and execution of this Agreement and the dissolution oftheir marriage.
1 l. WAIVER OF BENE:FICIARY DESIGNA nONS:
Unless as otherwise specifically set forth in this Agreement in Paragraph 12, each
party hereto specifically waives any imd all beneficiary rights in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
20
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final paychecks or any other post-death distribution scheme, and each party expressly states that it
is his and her intention to revoke by the tenns of this Agreement any beneficiary designations
naming the other which are in effect as ofthe date of execution of this Agreement. If and in the
event the other party continues to be names as a beneficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party.
Notwithstanding the foregoing, however, in the event that either party hereto specifically
designates the other party as a beneficiary of any asset after the date of execution of this
Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary.
12. LIFE INSURANC~
(a.) The parties acknowledge and agree that each shall retain as his or her sole
and separate property, any and all life insurance policies in his or her name, free of
any right, title or interest of the other party.
(b.) Notwithstanding Paragraph I 1 (a), the parties acknowledge HUSBAND
currently maintains approximately Three Hundred Thousand Dollars ($300,000.00)
in term life insurance through his employer. The parties agree that HUSBAND
shall maintain his Estate as the irrevocable death beneficiary in a sum of no less
than One Hundred Twenty Five Thousand Dollars ($125,000.00), which
beneficiary designation shall be irrevocable until the child reached the age of
twenty-three (23) or completes post-secondary studies, whichever shall last occur.
Should said life insurance proceeds become due and payable during the time
21
HUSBAND is required to maintain child as irrevocable death beneficiary,
HUSBAND'S Last Wil1 shall direct $125,000.00 from said insurance policy
proceeds to be placed into a life insurance funded trust with WIFE named as
irrevocable trustee thereof. The purpose of said life insurance trust is to ensure that
proceeds are available for the support of the minor child during the course of her
minority with any remaining proceeds used for her post-secondary studies.
(c.) Notwithstanding Paragraph I l(a), the parties acknowledge WIFE
currently maintains life insurance sponsored by her current employer. The parties
agree that WIFE shall maintain her Estate as the irrevocable death beneficiary in a
sum of no less than One Hundred Twenty Five Thousand Dollars ($ 125,000.00) in
life insurance proceeds, which may be a combination oflife policies, which
beneficiary designation(s) shall be irrevocable until the child reached the age of
twenty-three (23) or completes post-secondary studies, whichever shall last occur.
Should said life insurance proceeds become due and payable during the time WIFE
is required to maintain child as irrevocable death beneficiary, WIFE'S Last Will
shall direct $] 25,000.00 from said insurance policy proceeds to be placed into a
life insurance funded trust with HUSBAND named as irrevocable trustee thereof.
The purpose of said life insurance trust is to ensure that proceeds are available for
the support of the minor child during the course of her minority with any remaining
proceeds used for her post-secondary studies.
(d.) HUSBAND and WIFE agree to have an appropriate Last Will and
Testament providing for a life insurance trust for the child and/or a life insurance
22
trust prepared no later than thirty (30) days following the date of execution of this
Agreement. HUSBAND and WIFE shall modify the beneficiary clauses of their
respective life insurance policies to provide for the funding of the trust, which trust
shall incorporate the terms herein, in addition to any and all other tenns required to
make the trust effective.
(i.) HUSBAND and WIFE shall each be solely responsible for the cost
of preparing said life insurance trust.
(ii.) HUSBAND and WIFE shall each be obligated to provide a draft
copy of the trust to each other prior to execution to permit HUSBAND and
WIFE to ensure that its terms accurately reflect HUSBAND'S and WIFE'S
obligations called for herein. Thereafter, each party shall provide to the
other a certified true and correct copy of the executed trust no later than two
(2) business days following its execution.
(iii.) If HUSBAND or WIFE loses his or her life insurance coverage
through his or her employer, or if HUSBAND or WIFE changes jobs, each
shall secure replacement life insurance coverage within thirty (30) days for
the trust.
(iv.) Each party shall provided the other proof that all premiums have
been paid, and if HUSBAND or WIFE fails to make any premium
payments, the other party may make said payments to maintain the
23
coverage, and either HUSBAND or WIFE shall reimburse HUSBAND or
WIFE the amount no later that five (5) days of being presented proof ofthe
premium payment.
13. RELEASE OF CLAIMS:
(a) HUSBAND and WIFE acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets
and liabilities pursuant to Section 3502 of the Divorce Code and HUSBAND and
WIFE hereby waive any right to division of their property except as otherwise
provided for in this Agreement. Furthermore, except as otherwise provided for in
this Agreement, each of the parties hereby specifically waives, releases,
renounces and forever abandons any claim, right, title or interest whatsoever he or
she may have in or to property transferred to the other party pursuant to this
Agreement or identified in this Ah'Teement as belonging to the other party, and
each party agrees never to assert any claim to said property or proceeds in the
future. However, neither party is released or discharged from any obligation
under this Agreement or any instrument or document executed pursuant to this
Agreement. HUSBAND and WIFE shall hereafter own and enjoy independently
of any claim or right of the other, acquired by him or her from the date of
execution of this Agreement with full power in him or her to dispose of the same
fully and effectively for all purpose.
(b) Each party hereby absolutely and unconditionally releases and forever
discharges the other and the estate of the other for all purposes from any and all
24
rights and obligations which either party may have or at any time hereafter has for
past, present or future support or maintenance, alimony pendente lite, alimony,
equitable distribution, counsel fees, costs, expenses and any other right or
obligation, economic or otherwise, whether arising out of the marital relationship
or otherwise, including all rights and benefits under the Pennsylvania Divorce
Code of 1980 its supplements and amendments, as well as any other law of any
other jurisdiction, except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions.
(c) Except as otherwise provided herein, each party hereby absolutely and
unconditionally releases and forever discharges the other and his or her heirs,
executors, administrators, assigns, property and estate from any and all rights,
claims, demands or obligations arising out of or by virtue of the marital
relationship of the parties whether now existing or hereafter arising. The above
release shall be effective regardless of whether such claims arise out of any
former or future acts, contracts, engagements or liabilities of the other or by way
of dower, curtesy, widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws or the right to take against the spouse's will,
or the right to treat a lifetime conveyance by the other as testamentary or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of Pennsylvania, any state, commonwealth or territory ofe
the United States, or any other country.
25
14. PRESERV A nON OF RECORDS:
Each party will keep and preserve for a period of three (3) years from the date of
divorce all financial records relating to the marital estate, and each party will allow the other party
access to those records in the event oftax audit.
15. MODIFICATION:
No modification, rescission, or amendment to this Agreement shall be effective
unless in writing signed by each of the parties hereto.
16. SEVERABILITY:
If any provisions of this Agreement is held by a court of competent jurisdiction to
be void, invalid or unenforceable, the remaining provisions hereof shaH nevertheless survive and
continue in full force effect without being impaired or invalidated in any way.
17. BREACH:
If either party hereto breaches any provision hereof, the other party shall have the
right, at his or her election, to sue for damages for such breach, or seek such other remedies or
relief as may be available to him or her. The non-breaching party shaH be entitled to recover from
the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the
rights of the non-breaching party.
I 8. WAIVER OF BREACH:
The waiver by one party of any breach of this Agreement by the other party will
not be deemed a waiver of any other breach or any provision of this Al,>reement.
26
19. NOTICE:
Any notice to be given under this Agreement by either party to the other shall be in
writing and may be effective by registered or certified mail, return receipt requested. Notice to
HUSBAND, will be sufficient if made or addressed to the following:
Jason Bartlett
5715 Aspen Lane
Enola, P A
and to WIFE, if made or addressed to the following:
Brenda L. Bartlett
5715 Aspen Lane
Enola, P A
Each party may change the address for notice to him or her by giving notice of that change
in accordance with the provisions of this paragraph.
20. APPLICABLE LAW:
All acts contemplated by this Agreement shall be construed and enforced under the
laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this
Agreement.
21. AGREEMENT BINDING OR PARTIES AND HEIRS:
This Agreement, except as otherwise expressly provided herein, shall bind the
parties hereto and their respective heirs, executors, administrators, legal representatives, assigns,
and successors in any interest of the parties.
27
22. ENTIRE AGREEMENT:
Each party acknowledges that he or she has carefully read this Agreement,
including all other documents to which it refers; that he or she has had the opportunity to discuss
its provisions with an attorney of his or her own choice, and has executed it voluntarily; and that
this instrument expresses the entire agreement between the parties concerning the subjects it
purports to cover. This Agreement should be interpreted fairly and simply, and not strictly for or
against either of the parties.
23. PRIOR AGREEMENTS:
The parties specifically agree that this Agreement shall supersede and any and all
prior agreements between the parties.
24. INCORPORA TION OF DOCUMENTS:
All documents and other instruments referred to in this Agreement are incorporated
into this Agreement as completely as if they were copied verbatim in the body of it.
25. MUTUAL COOPERATION:
Each party shall on demand execute and deliver to the other any deeds, bills of
sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or
assets, tax returns, and other documents, and shall do or cause to be done every other act or thing
that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If
either party unreasonably fails on demand to comply with these provisions, that party shall pay to
the other party all attorney's fees, costs, and other expenses actually incurred as a result of such
failure.
28
26. DATE OF EXECUTION:
The "date of execution" or "execution date" of this Agreement shall be defined as
the date upon which it is executed by the parties if they each have executed the Agreement on the
same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be
defined as the date of execution by the party last executing this Agreement.
27. EFFECTIVE DATE:
This Agreement is effective and binding upon both parties as of August 3, 2005.
28. AGREEMENT NOT TO BE MERGED:
The parties agree that this Agreement shall continue in full force and effect after
such time as a final decree in divorce may be entered with respect to the parties. Upon entry of
the decree, the provisions of this Agreement may be incorporated by reference or in substance, but
they shall not be deemed merged into such decree. The Agreement shall survive any such decree
in divorce, shall be independent thereof, and the parties intend that all obligations contained in
this Agreement shall retain their contractual nature in any enforcement proceedings, whether
enforcement is sought in an action Otl the contract itself at law or in equity, or in any enforcement
action filed to the divorce caption, including 93105 of the Divorce Code.
29. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT:
This Agreement shall remain in full force and effect and shall not be abrogated even if the
parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation.
This Agreement shall continue in full force and effect and there shall be no modification or waiver
of any of the terms hereof unless the parties in writing execute a statement declaring this
Agreement or any term of this Agreement to be null and void.
29
30. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS
___This Agreement shall no be considered to bar the right of WIFE or HUSBAND to a
divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as
may be available to either party. This Agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party of any act on the part of the other party
which has caused the disputes which or which has occurred prior to or which may occur
subsequent to the date hereof. The HUSBAND intends to secure a mutual consent, no-fault
divorce pursuant to the provisions of Section 330] (c) of the Pennsylvania Divorce Code of 1 980,
as amended, however, WIFE, shall not execute an Affidavit until May 1,2006. It shall be the
responsibility of HUSBAND to file the Complaint in Divorce.
31. CONTRACT INTERPRETATION
____For purposes of contract interpretation and for the purpose of resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by their respective
attorneys.
32. ENFORCEMENT
_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, to rescind this
Agreement, or to seek any other legal remedies as may be available, and the defaulting party shall
reimburse the nondefaulting party for any legal fees and expenses for any services incurred in any
action or proceeding to compel performance hereunder.
30
33. HEADINGS NOT PART OF AGREEMENT:
Any headings preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall not constitute a part of this
Agreement nor shall they affect its meaning, construction or effect.
34. COUNTERPARTS: This Agreement may be executed in counterparts, each of
which will be an original and which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates of
their acknowledgments.
WITNESS:
l{)~(P :5~-;t:;C
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?ason Bartlett
J
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" /~.. ~c~f7e'
. Brenda L. Bart ett
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F:\HOMEIAHEwrrnnOCSIA.CIBARfLETJ\SEIT AGRE.WPD
31
COMMONWEALTH OF PENNSYLVANIA
COVNTYOF C1""\el<\~vJ
ss
On this, the 3...\ day of ~""st. _ 2005, before me, a Notary Public, the undersigned
officer, personally appeared Jason ~ known to me (or satisfactorily proven) to be the
person whose name is subscribed to 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.
:o~P~i:~~
NOTARIAL SEAL
Mary L. Landvater, Notary Public
Camp Hill Boro" Cumberland County
My commiuioM e'pl,,! JUMe I 1,2007
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Q.. M bee \A" ~
ss
On this, the s/..d day of ~,~<"1- 2005, before me, a Notary Public, the undersigned
officer, personally appeared Brenda L. Bartlett known to me (or satisfactorily proven) to be the
person whose name is subscribed to 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.
~~~
NOTARY BLIC- N01'ARIALSEAL
Msry L, Landvater, Notal)' Public
Csmp Hill Boro" Cumberland County
My commission expires June II, 2007
EXHIBIT "1 "
EXHIBIT 1
MARITAL ASSETS.
Asset
Marital Value
I.
5715 Aspen Lane, Enola, PA
(a) Appraised Value
(b) Current Mortgage Debt
(c) Transaction Cost
Total Net Value
139,600.00
$
346,000.00
<206,400.00>
2.
4 Sand Dollar Drive, Grantham, PA
0.00
3.
Personality and Furnishings
26,417.00
4.
Members First Checking Account
1,620.00
5.
Edward Jones Investment Account
19,900.00
TOTAL VALUE OF MARITAL ASSETS:
$187,537.00
DISTRIBUTION OF ASSETS
WIFE
1.
Edward Jones Investment Account
$ 0.00
2.
Members First Checking Account
0.00
3.
Personality and Furnishings
13,781.00
I The parties have not included the following assets in the value of the marital assets as
the assets have been equally divided between the parties prior to this Agreement or have been
agreed not to be part of the marital assets to be divided:
(1) Exce1401(K) Plan;
(2) Holy Spirit Hospital 40 I (K) Plan;
(3) 2004 Honda Pilot;
(4) 2002 Toyota Four Runner; and
(5) Members First Money Market Account.
4.
Lump Sum Payment
TOTAL:
HUSBAND
1.
Edward Jones Investment Account
2.
Members First Checking Account
3.
4 Sand Dollar Drive, Grantham, P A
4.
5715 Aspen Lane, Enola, PA
(a) Value
(b) Less Lump Sum Payment
5.
Personality and Fumishings
TOTAL:
F:\HOMEIAHEWlTI\DOCSIA-CIBARTLErnMSAEXHffi.WPD
79,987.50
93,768.50
$
19,900.00
1,6200.00
0.00
139,600.00
<79,987.50> 59,612.50
12,636.00
93,768.50
EXHIBIT "2"
7172384809
CUnl'iflgnam and Cherni
04:33:59 p_rn
Master Bedroom set
Master Bedroom bench
Treadmill
Digi1a1 camera
Digital printer
pots/pans
Porcelain cookware
Plastic surgery for Brenda's nose 5123105
Bar stools
Three plece patio set
three hose sets and reel, sprayer nozzle
plastic Tupperware
Silting chair in Maddie's room
Flower ammgements Master Bafh-Maddle's
4 outside flowered pots
PIcture frames
Flower pedestal dwnstr bath
Carpet shampooer
Frames on photo waD
All candles
Wicker shelf and table
Photo albums, pictures
Master bedroom night stand lamps
Dining Room and doorway rugs
Pac man games
2 VCl"/CJJ <=ombos
Lawn fountaln
2 snaN shovels
drill set (batl8ry)
2 Ivory vases wllh plants
flowered pot and brass stand
christmas tree
activity globe! regular globe
cleaning supplies
gifted plants to Brenda
coaster set
laundry basket
kitchen Unens
bath and bedroom linens
batl8rles and over the counter products
non perlshabla foods
Brenda
4,500
120
1,100
500
150
200
75
5,100
150
89
40
10
1
140
35
o
30
130
110
30
120
100
40
150
40
80
25
50
70
40
25
100
80
75
1
15
10
75
75
50
50
I 13,781 I
08-02-2005
2/3
EXHIBIT "3"
7172384809
-::::unningham and Cherni
65. TV
lawn Mower
Refrigerator
House blinds
Pistol
Pots/pens
Porcelain cookWare
Bathroom mirror
Bathroom vanity closet
Wood chipper
movie cds
Sullwoofer
Speakers
P1a~tIon
P1aystatlon games
three hose litis and reel, spraysr nozzle
plasllc Tupperware
Flower arrangements Master Bath-Maddie'.
lawn spreader
Lawn tools
4 outside !lowered pots
Picture frames
Panasonlc Camcorder
Blender
Photo albums, plc;tures
Golf clubs, COV_. balls
Paper shredder
barbecue tool lit!
2 vcr/cd combos
Lawncare seed, fertill28r, turf builder
Master bath coun!ertop lit!
Ma.ter bath rugs
canister .el
2 snow shovels
drill (elec:lric)
Ivory kitchen vases
firebox
cleaning supplies
air compl888Or
ladder
Baby Ivy
kl1chen linens
bath and bedroom linens
cordle.. phone
batteries and over the counter products
non perishable foods . l' 1 i
S,,",vb1ouJ,'r) .T4,;c"" ., 1"1'1*DI' bi ;1 DVij--, ;/<,(!~
04:57:20 p_m
08-022005
3/3
.!U2Il
3,000
700
1,200
2,630
450
50
75
100
90
500
500
300
100
120
150
120
10
220
30
80
150
o
300
120
50
350
50
30
60
80
45
60
30
50
10
20
100
15
100
80
1
75
75
120
50
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JASON E. BARTLETT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
NO. 05-6"~32
v.
CNIL ACTION - LAW
BRENDA L. BARTLETT,
Defendant
IN DNORCE
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 S3301(c) or JJOI(J)(I) of the
Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the Complaint: Defendant received the Complaint
on September 26. 2005. as evidenced by the Acceptance of Service filed to the
within number.
3. (Complete either Paragraph (a) or (b)).
(a) Date of execution of the Affidavit of Consent required by S330 l(c) of the
Divorce Code: by Plaintiff: December 26. 2005 Defendant: December 26.
2005
(b)
(I)
Date of execution of the Affidavit required by S3301(d) of the
Divorce Code: N/A
(2) Date of filing and service of the Plaintiffs Affidavit upon the
respondent: N/A
4. Related claims pending: N/A
5. (Complete either Paragraph (a) or (b)).
(a) Date and manner of service ofthe Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached: N/A
(b) Date Plaintiffs Waiver of Notice in 93301(c) Divorce was filed with the
Prothonotary: December 26. 2005
Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the
Prothonotary: December 26. 2005
Respectfully submitted,
Jo an D
. .231 4
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
Dated: December .dl, 2005
F:\HOMEIAHEWITTlDOCSIA.CIBARTLEffiDIVORCEIPRAETRAN .WPD
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Darren J. Holst, Esquire
HOWETT, KISSINGER, CONLEY & HOLST, P.e.
130 Walnut Street, P.O. Box 810
Harrisburg, PAl 71 08
Telephone: (717) 234-2616
Counsel for Defendant, Brenda L. Bartlett
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JASON E. BARTLETT,
Plaintiff
v.
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN DIVORCE
503a
NO. 2005-~CIVIL TERM
BRENDA L. BARTLETT,
Defendant
DEFENDANT'S PETITION FOR CIVIL CONTEMPT AND
ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT
AND NOW, comes Defendant, Brenda L. Bartlett, by and through her counsel, Howett,
Kissinger, Conley & Holst, P.C., who hereby files the instant Petition for Civil Contempt and
Enforcement of Marital Settlement Agreement and in support thereof avers as follows:
1. Petitioner is Brenda L. Bartlett ("Wife"), Defendant in the above-
captioned divorce action.
2. Respondent is Jason E. Bartlett ("Husband"), Plaintiff in the above-
captioned divorce action.
3. Husband and Wife married on December 28, 2001 and separated on
June 20, 2005.
4. Husband and Wife are the biological parents of Madison S. Bartlett,
born May 26, 2004.
5. On August 3, 2005, the parties executed a comprehensive Marital
Settlement Agreement (hereinafter "Agreement") resolving all ancillary issues arising from their
marriage, including, but not limited to, equitable distribution.
6. On September 26, 2005, per the Agreement, Husband initiated an action
for no-fault divorce with the Court of Common Pleas of Cumberland County at the above-
referenced action number.
7. On December 27,2005, the Court entered a final decree of divorce.
8. Paragraph 28 of the parties' Agreement provides it is to be incorporated
but not merged into the filed Decree of Divorce, thus permitting the parties, if necessary, to seek
enforcement through a separate action in assumpsit or pursuant to Section 3105 of the Divorce
Code through the filed divorce action.
9. As part of their overall settlement, the parties agreed each would maintain
ownership over his or her life insurance policies, but each party agreed to maintain their estate as
an irrevocable death beneficiary on no less than $125,000.00 worth of their life insurance, which
beneficiary designation is irrevocable until such time as Madison turns twenty-three (23) or
completes college, whichever last occurs.
10. Paragraph 12 of the Agreement further provides that, should said life
insurance proceeds become due and payable while Madison is under the age of twenty-three (23)
and still in college, each party's last Will and Testament would direct the life insurance proceeds
to be placed into a created testamentary life insurance trust for the benefit of the child. Each
party is to name the other as trustee of his or her prepared life insurance trust, which trustee
designation is to be irrevocable. The relevant pages from the parties' August 3, 2005 Marital
2
Settlement Agreement, specifically paragraph 12 thereof, are attached hereto collectively as
Exhibit "A," and are incorporated herein by reference thereto.
11. As the Agreement requires each party to provide confirmation of
compliance with paragraph 12 within thirty days of execution, by requiring each party to submit
copies of their life insurance trust to the other, Wife revised her estate plans and created the
appropriate life insurance trust, as part of her revised Last Will and Testament, and provided
Husband with a copy thereof on which Husband is named trustee. A copy of Wife's Last Will
and Testament dated September 23,2005 is attached hereto as Exhibit "B," and is incorporated
herein by reference thereto.
12. Over the months following execution of the Agreement, Wife requested
Husband provide her with confirmation of his compliance with paragraph 12 of the Agreement
concerning the creation of the appropriate life insurance trust. Husband failed to provide Wife
any documentation until December of2005, well outside the thirty day mandate of the
Agreement, and upon further inspection of Husband's document Wife realized it failed to comply
with the terms of the parties' Agreement. A copy of Husband's Agreement of Trust dated
October 1, 2005 is attached hereto as Exhibit "e," and is incorporated herein by reference
thereto.
13. In particular, Husband's Agreement of Trust does not specifically identify
Husband's obligation to maintain at least $125,000.00 worth of life insurance protection as
required by the Agreement.
3
14. Moreover, and most importantly, Husband's Agreement of Trust does not
name Wife as trustee as required the Agreement. Instead, Husband has named Shirley Ann
Bartlett, his mother, as trustee.
15. On January 5,2006, Wife's counsel wrote to Husband's counsel about the
fact that Husband's Agreement of Trust failed to comply with the precise terms of the parties'
Agreement, and said letter further requested Husband prepare an amended Agreement of Trust.
A copy of counsel's January 5,2006 letter is attached hereto as Exhibit "D," and is incorporated
herein by reference thereto.
16. As Wife's counsel did not receive confirmation that Husband had taken
the steps to prepare an amended Agreement of Trust to be compliant with the Agreement, on July
20,2006, Wife's counsel sent further correspondence to Husband's counsel reminding him of
Husband's failure to comply with the Agreement and requesting Husband provide confirmation
of compliance by July 31,2006. A copy of counsel's July 20, 2006 letter is attached hereto as
Exhibit "E,"and is incorporated herein by reference thereto.
17. On July 21,2006, Wife's counsel sent a follow-up letter to Husband's
counsel again reminding Husband of the need to change the beneficiary on his life insurance trust
in order to be compliant with the Agreement. A copy of counsel's July 21,2006 letter is attached
hereto as Exhibit "F,"and is incorporated herein by reference thereto.
18. Inasmuch as Husband failed to provide notification of compliance by
July 31,2006, on August 23, 2006 Wife's counsel sent further correspondence to Husband's
counsel demanding confirmation that Husband had amended his Agreement of Trust to be
4
compliant with the Agreement. A copy of counsel's August 23,2006 letter is attached hereto as
Exhibit "G,"and is incorporated herein by reference thereto.
19. As of the date of filing of this Petition, Wife has received no confirmation
that Husband has taken the steps to amend his Agreement of Trust in order to be compliant with
the parties' Agreement.
20. Section 3105 of the Divorce Code provides that a party to an agreement
within the jurisdiction of the Divorce Court, regardless of whether said agreement has been
merged or incorporated into a decree of divorce, may utilize any remedy or sanction set forth
within the Divorce Code to enforce the agreement as if it was an order of court.
21. Paragraph 17 of the Agreement provides that, if either party breaches a
provision of the Agreement, the other party has the right, at his or her election, to sue for
damages or seek other remedies available to him or her. Moreover, the non-breaching party is
entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in
the enforcement of the rights of the non-breaching party. A copy of paragraph 17 of the
Agreement is attached hereto as Exhibit "H" and is incorporated herein by reference thereto.
22. According to Section 3502(e) of the Divorce Code, where a party has
failed to comply with the terms of equitable distribution, the Court may implement one of the
enumerated remedies set forth therein, including, but not limited to, a finding of civil contempt
for the party's willful non-compliance with the terms of equitable distribution and the award of
counsel fees and costs to the innocent spouse.
5
23. Despite numerous requests by Wife that Husband modify his life insurance
trust to name Wife as irrevocable trustee thereof as required by the Agreement, Husband has
failed or refused to modify his trust, and he has no legitimate reason for his failure to abide by the
Agreement; that, he is in willful non-compliance of the parties' Agreement and is in breach
thereof.
24. By sending several letters to Husband's counsel pleading for Husband's
compliance and by initiating this petition as a last resort, Wife has incurred attorney fees and
costs in seeking to have Husband comply with the Agreement.
WHEREFORE, Defendant, Brenda L. Bartlett, respectfully requests this Honorable
Court enter an Order, following hearing on Defendant's Petition, directing the following:
(a) That Plaintiffbe found in civil contempt for his wilful non-
compliance with the August 3,2005 Marital Settlement Agreement, specifically his failure to
designate Defendant as irrevocable trustee on his mandated life insurance trust as per paragraph
12 thereof;
(b) That Plaintiffbe found to be in breach of the August 3,
2005 Marital Settlement Agreement given his failure to designate Wife as irrevocable trustee of
the mandated life insurance trust;
(c) That, as a result of his civil contempt, Plaintiffbe incarcerated
within Cumberland County prison for no longer than six months with the purge requirement
being that Plaintiff take the steps to amend his life insurance trust to name Defendant as
irrevocable trustee thereof as per paragraph twelve of the Agreement;
6
(d) That Defendant be awarded reasonable counsel fees and costs
incurred in seeking compliance and filing the instant action to enforce the August 3, 2005 Marital
Settlement Agreement; and
hearing on the matter.
Date:
~brlo(,
(e) Any other relief the Court deems just and equitable following
Respectfully submitted,
~-;:; /2{(;1 f
HOWETT, KISSINGER, CONLEY & HOLST, P.C.
130 Walnut Street, P.O. Box 810
Harrisburg, PAl 71 08
Telephone: (717) 234-2616
Counsel for Defendant, Brenda L. Bartlett
VERIFICATION
I, Brenda L. Bartlett, hereby swear and affirm that the facts contained in the foregoing
Defendant's Petition for Civil Contempt and Enforcement of Marital are
Settlement Agreement
true and correct to the best of my knowledge, information and belief and are made subject to the
penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities.
Date: September 25 I 2006
,:~~-hdf-
Brenda L. Bartlett
Exhibit A
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final paychecks or any other post-death distribution scheme, and each party expressly states that it
is his and her intention to revoke by the terms of this Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. If and in the
event the other party continues to be names as a beneficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party.
Notwithstanding the foregoing, however, in the event that either party hereto specifically
designates the other party as a beneficiary of any asset after the date of execution of this
Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary.
12. LIFE INSURANCE:
(a.) The parties acknowledge and agree that each shall retain as his or her sole
and separate property, any and all life insurance policies in his or her name, free of
any right, title or interest of the other party.
(b.) Notwithstanding Paragraph 11(a), the parties acknowledge HUSBAND
currently maintains approximately Three Hundred Thousand Dollars ($300,000.00)
in term life insurance through his employer. The parties agree that HUSBAND
shall maintain his Estate as the irrevocable death beneficiary in a sum of no less
than One Hundred Twenty Five Thousand Dollars ($125,000.00), which
beneficiary designation shall be irrevocable until the child reached the age of
twenty-three (23) or completes post-secondary studies, whichever shall last occur.
Should said life insurance proceeds become due and payable during the time
21
HUSBAND is required to maintain child as irrevocable death beneficiary,
HUSBAND'S Last Will shall direct $125,000.00 from said insurance policy
proceeds to be placed into a life insurance funded trust with WIFE named as
irrevocable trustee thereof. The purpose of said life insurance trust is to ensure that
proceeds are available for the support of the minor child during the course of her
minority with any remaining proceeds used for her post-secondary studies.
(c.) Notwithstanding Paragraph 11(a), the parties acknowledge WIFE
currently maintains life insurance sponsored by her current employer. The parties
agree that WIFE shall maintain her Estate as the irrevocable death beneficiary in a
sum of no less than One Hundred Twenty Five Thousand Dollars ($125,000.00) in
life insurance proceeds, which may be a combination of life policies, which
beneficiary designation(s) shall be irrevocable until the child reached the age of
twenty-three (23) or completes post-secondary studies, whichever shall last occur.
Should said life insurance proceeds become due and payable during the time WIFE
is required to maintain child as irrevocable death beneficiary, WIFE'S Last Will
shall direct $125,000.00 from said insurance policy proceeds to be placed into a
life insurance funded trust with HUSBAND named as irrevocable trustee thereof.
The purpose of said life insurance trust is to ensure that proceeds are available for
the support of the minor child during the course of her minority with any remaining
proceeds used for her post-secondary studies.
(d.) HUSBAND and WIFE agree to have an appropriate Last Will and
Testament providing for a life insurance trust for the child and/or a life insurance
22
trust prepared no later than thirty (30) days following the date of execution of this
Agreement HUSBAND and WIFE shall modify the beneficiary clauses of their
respective life insurance policies to provide for the funding of the trust, which trust
shall incorporate the terms herein, in addition to any and all other terms required to
make the trust effective.
(i.) HUSBAND and WIFE shall each be solely responsible for the cost
of preparing said life insurance trust.
(ii.) HUSBAND and WIFE shall each be obligated to provide a draft
copy of the trust to each other prior to execution to permit HUSBAND and
WIFE to ensure that its terms accurately reflect HUSBAND'S and WIFE'S
obligations called for herein. Thereafter, each party shall provide to the
other a certified true and correct copy of the executed trust no later than two
(2) business days following its execution.
(iii.) If HUSBAND or WIFE loses his or her life insurance coverage
through his or her employer, or if HUSBAND or WIFE changes jobs, each
shall secure replacement life insurance coverage within thirty (30) days for
the trust.
(iv.) Each party shall provided the other proof that all premiums have
been paid, and if HUSBAND or WIFE fails to make any premium
payments, the other party may make said payments to maintain the
23
coverage, and either HUSBAND or WIFE shall reimburse HUSBAND or
WIFE the amount no later that five (5) days of being presented proof of the
premium payment.
13. RELEASE OF CLAIMS:
(a) HUSBAND and WIFE acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets
and liabilities pursuant to Section 3502 of the Divorce Code and HUSBAND and
WIFE hereby waive any right to division of their property except as otherwise
provided for in this Agreement. Furthermore, except as otherwise provided for in
this Agreement, each of the parties hereby specifically waives, releases,
renounces and forever abandons any claim, right, title or interest whatsoever he or
she may have in or to property transferred to the other party pursuant to this
Agreement or identified in this Agreement as belonging to the other party, and
each party agrees never to assert any claim to said property or proceeds in the
future. However, neither party is released or discharged from any obligation
under this Agreement or any instrument or document executed pursuant to this
Agreement. HUSBAND and WIFE shall hereafter own and enjoy independently
of any claim or right of the other, acquired by him or her from the date of
execution of this Agreement with full power in him or her to dispose of the same
fully and effectively for all purpose.
(b) Each party hereby absolutely and unconditionally releases and forever
discharges the other and the estate of the other for all purposes from any and all
24
Exhibit B
Last Will
and Testament
OF
BRENDA L. BARTLETT
I, BRENDA L. BARTLETT, of Mechanicsburg. Cumberland County, Pennsylvania. do
make, publish and declare this to be my Last Will and Testament, hereby revoking and making
void any and all fanner Wills made by me.
ARTICLE I
I direct that all my legal debts and funeral expenses including my gravemarker and all
expenses of my last illness that my Executrix is obligated to pay, shall be paid from my residuary
estate as soon as practicable after my decease as a part of the expense of the administration of
my estate.
ARTICLE II
I direct my Executrix to pay all inheritance. transfer. estate and similar taxes (including
interest and penalties) assessed or payable by reason of my death on any property or interest in
property which is included in my estate for the purpose of computing taxes. My Executrix shall not
require any beneficiary to reimburse my estate for taxes paid on property passing under the terms
of this Will or otherwise.
ARTICLE III
I bequeath my household and personal effects and other tangible property of like nature
(not including automobiles, cash and securities), together with any existing insurance thereon, to
TRUDY L. SHELLY and PATRICIA L. FAWVER, to be divided by my Executrix in as nearly
shares as possible taking into consideration their desires.
ARTICLE IV
I bequeath the sum of One Hundred Twenty-Five Thousand ($125,000.00) Dollars to my
daughter, MADISON SKYLER BARTLETT. If at the time of distribution to her, my daughter has
not attained the age of twenty-three {23} years and completed her post secondary education, said
sum shall be held in TRUST for her benefit by JASON E. BARTLETT according to the terms and
conditions of the Trust set forth in Article VI hereof. To fund this bequest I have obtained life
insurance pOlicies on my life designating the benefiCiary as the trust created for the benefit of my
daughter, MADISON SKYLER BARTLETT, in my Last Will and Testament.
ARTICLE V
I give, dev;se and bequeath all the rest, residue and remainder of my estate of every
nature and wherever situate to TRUDY L. SHELLY and PATRICIA L. FAWVER, in equal shares.
Should one of them predecease me, their share of my residuary estate shall be distributed to the
survivor of them.
ARTICLE VI
Should my daughter, MADISON SKYLER BARTLETT, not have attained the age of
twenty.three (23) years and completed her post.secondary education at the time of distribution of
the sum bequeathed to her in Article IV hereof, I devise and bequeath said share to JASON E.
BARTLETT, IN TRUST, for the benefit of my daughter, MADISON SKYlER BARTLETT. The
Trustee named herein, or his successor, shall hold, manage, invest and reinvest the shares so
received, and the accumulation of income thereon, and shall use and apply the income and
principal, or so much thereof, as in Trustee's discretion. may be necessary or appropriate for such
beneficiary's support and education (including trade school and college education, both graduate
and undergraduate) taking into consideration the other fonns of support and maintenance
available and received for the benefit of the beneficiary, and to make payments for these
purposes, without further responsibility to such beneficiary or to any person taking care of such
beneficiary or to any educational institute or related entity consistent with the terms set forth in this
Trust. The Trustee shall have the power to manage, invest and reinvest the assets of the Trust
estate, to collect the income therefrom and to apply so much or all of the net income and principal
thereof as is set forth in this Trust. Any income or principal not so used or applied shall be
distributed to the beneficiary absolutely when she has attained the age of twenty-three (23) years
and completed her post-secondary education. I direct that the interest of the beneficiary named
hereunder shall not be subject to anticipation, or to voluntary or inVOluntary alienation. If the
beneficiary dies before attaining the age of twenty-three (23) years, the Trust shall terminate and
the remaining principal and any accumulated income shall be distributed to her personal
representative. Upon such termination of this Trust. the rights of all persons who might otherwise
have an interest as the succeeding income beneficiary or to the remainder shall cease. My
Trustee shall have the power, if he deems it advisable at any time, to name a successor Trustee
should he be unable to continue as the Trustee for any reason. My Trustee shall also have the
authority to hire attorneys, accountants, financial advisors and other persons he deems
appropriate to assist him in administering this Trust My Trustee named herein shall serve without
bond.
ARTICLE VII
In the event I am survived by my daughter, MADISON SKYLER BARTLETT, and she is
a minor at the time of my death, JASON E. BARTLETT, shall serve as guardian of my minor
child. In the event JASON E. BARTLETT predeceases me or is unable or unwilling to serve as
guardian of my daughter, I nominate and designate TRUDY L. SHELLY as guardian of my
daughter, MADISON SKYLER BARTLETT, giving to her all the rights, powers and privileges
devolved thereupon by operation of law.
ARTICLE VIII
I name, constitute and appoint PATRICIA L. FAWVER as Executrix of this my Last Will
and Testament, and she shall serve without posting bond. Should PATRICIA L. FAWVER fail to
qualify or cease to so act, I name, constitute and appoint TRUDY L. SHELLY as the Executrix of
this my Last Will and Testament, and she shall serve without posting bond.
IN WITNESS WHEREOF, I hereunto set my hand and seal this ~2n:J day of
~ber .2005.
~
" 7RA1
BRENDA L. BARTLETT ~
(SEAL)
Signed, sealed, published and declared by the above-named Testatrix as and for her Last
Will and Testament in the presence of us, who, at her request. in her presence and in the
presence of each other have hereunto subscribed our names as witnesses.
~Q-~
1-1) · (W..rfU.-.
~ ,4 ~y
Nl>'I-cv1yvl?';c..
COMMONWEALTH OF PENNSYLVANlA
Nol8Ita1 SeeI
TooiA.~~~
~Hleoro. 29 .-
Uu Cui liMIcn c........ Mar. . ~
ft'J 1.. IiiiiJ't"'V"III"
Meml)er. Pennaylvan1a Association Of Notarl..
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
I. BRENDA L. BARTLElT. Testatrix. whose name is signed to the foregoing instrument,
having been duly qualified according to law, do hereby acknowledge that I signed and executed
the instrument as my Last Will and Testament; that I signed it willingly; and that I signed it as my
free and voluntary act for the purposes therein expressed.
~~
. BRENDA L. BARTLETT
Sworn or affirmed to and acknowledged before me. by BRENDA L. BARTLETT, the
Testatrix. this ~~ay of ~~e.rn~. 2005.
~ A- ~S--
Notary Public
~TJofOF~SYLVANIA
NciariaI Seal
Tal A. ~ Nc8y Public
Camp HI Bao. Clinbe...d County
My Ca........ I &p/res Mar. 29, 2D08
Member. Pennsytvania Association Of Notaries
AFRDA VIr
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
we~Qt\e ('\ n~ P ~oSScL,~(.\ and J VL tLi r' if ~ K.t.., the
witnesses whose names are signed to the foregoing instrument, being duly qualified according to
law, do depose and say that we were present and saw the Testatrix sign and execute the
foregoing instrument as her Last Will and Testament; that she signed willingly and that she
executed it as her free and voluntary act for the purposes therein expressed; that each of us in the
hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our
knowledge. the Testatrix was at that time at least 18 years of age, of sound mind and under no
constraint or undue influence.
~.Q.~~
J. ~. (/).-u..r/C Q
Sworn to or affinned to and subscribed to before me by c.od+,e.r-~n-e 6 o~s "'-reI
and .::\~()(\.,~(' ~\J('k.'f' . witnesses, this~rdday Of~~~ , 2005.
~A-~"~
Notary Public
COM
:no\ OF PeNNS'fLVAN\A
NotIlri8I Seal
Tcri A. Myel!. ~ Q.lJnlY
QI11P "'9010.~_ 29.2008
tJfJ ~ . socIation Of Notaries
....enn.vtv8r\l8 ,.s
MemDef. ...
:259268
Exhi bit Q,
AGREEMENT OF TRUST
THIS AGREEMENT OF TRUST, executed this -l- day of Dctcb..,... ,2005, between
JASON BARTLETT, of Enol a, Cumberland County, Pennsylvania (hereinafter called Settlor),
and SHIRLEY ANN BARTLETf, of ~ C. oJ" 1..1 County, Pennsylvania
(hereinafter called Trustee).
WHEREAS, Settlor has designated the Trustee as a beneficiary under his Last Will and
Testament dated DA.t)~lr ,2005, a copy of which is attached hereto.
NOW, THEREFORE, Trustee agrees to collect as beneficiary of a certain life insurance
policy established by the Settlor and may specific bequests left to the Trustee at the death of the
Settlor and to hold such residue, property and proceeds, together with any other property, real or
personal, IN TRUST, as follows:
FIRST
Trustee shall hold the proceeds of a certain life insurance policy naming Trustee as
beneficiary and any other property left to the Trustee immediately and any and all the residue of
the Estate of Jason Bartlett bequeathed to Trustee in Trust under this First Article for the
following uses and purposes:
(a) To pay the income, and so much of the principal as may, in the sole
discretion of my Trustee be necessary for the maintenance, support, medical expenses and
education of the Settlor's daughter, Madison Skyler Bartlett.
(b) The amount to be paid for the benefit of my said child shall be determined
from time to time by the needs of such child, and the amounts and times of said payments shall
be determined by such need. The said payments may be made by my said Trustee directly to said
child, in the sole opinion of my Trustee, of such age and ability to handle properly the funds so
paid to said child, or may be made by my said Trustee directly to the person having the custody
and care of any of the said child, or may be made by my said Trustee directly to any institution
entitled to such payment by reason of services rendered or to be rendered to any of the said child.
In making the aforesaid payments, my said Trustee shall give primary consideration to the
individual need of the child and to other sources of income available to such child.
(c) To pay the accumulated income and principal then remaining in its hands
to the said child at the fIrst happening of either of the following events:
(i) When the child has attained the age of twenty-one
(21) years. and has fully completed their formal education, which
term "formal education" shall include any internship,
apprenticeship, residency, clerkship, or the like. The decision of
2
my Trustee as to the completion of formal education by any of the
said children shall be final.
(ii)
(24) years.
When the child has attained the age of twenty-four
SECOND
I direct that a Trustee, or other fiduciary named, nominated, or appointed in this
Agreement shall not be required to post any bond or give any security of any type for any purpose
whatsoever, any law or rule of Court of the Commonwealth of Pennsylvania or any other
jurisdiction to the contrary notwithstanding.
THIRD
The interest of the beneficiaries hereunder shall not be subject to anticipation or to
voluntary or involuntary alienation.
FOURTH
Trustee shall pay any Federal, State or other death taxes payable because of my death,
with respect to property fonning a part of this Trust. In addition, Trustee shall have the power to
make a loan without interest, as it may deem desirable in order to provide funds for the payment
of administrative expenses or death taxes on any or all property included in Settlor's gross estate
3
for tax purposes. Such payment or loan shall be made out of the principal or income of the
property allocated to the Trust. Any such taxes or expenses may be paid directly by the Trustee
or the funds for their payment may be transferred by Trustee to Settlor's personal representative.
All such death taxes on present or future interests shall be paid at such time or times as Trustee
may think proper, regardless of whether of such taxes are then due~ provided that any postponed
taxes on future interests shall be charged against the principal of that particular share with respect
to which the taxes are imposed.
FIFm
Trustee shall have the following powers in addition to those vested in it by law and by
other provisions of this Trust, applicable to all property, whether principal or income, including
property held for minors, exercisable without Court approval in its absolute discretion and
effective until actual distribution of all property:
(a) To retain any or all of the assets of this Trust, real or personal, without
regard to any principle of diversification or risk.
(b) To invest in all forms ofproperty~ including stock common trust funds and
mortgage investment funds whether operated by Trustee or others, without restriction to
investments authorized for Pennsylvania fiduciaries~ as it deems proper, without regard to any
principle of diversification or risk.
4
( c) To sell at public or private sale, to exchange or to lease for any period of
time, any real or personal property, and to give options for sales, exchanges or leases, for such
prices, and upon such tenns and conditions as it deems proper.
(d) To allocate receipts and expenses to principal or income or partly to each
as Trustee from, time to time, thinks proper.
(e) To compromise any claim or controversy.
(f) To distribute in casb or kind or partly in each.
(g) To hold cash for a reasonable period of time pending reinvestment.
(h) To hold property in its name without designation of any fiduciary capacity
or in the name of a nominee or unregistered.
SIXTH
Trustee shall receive compensation for the performance of its functions hereunder in
accordance with its standard schedule of fees in effect from time to time during the period over
which its services are performed.
5
SEVENTH
The situs of this Trost for administrative and accounting purposes shall be Dauphin
County, Pennsylvania, and all questions pertaining to the construction or validity of the
provisions of this instrument shall be governed by the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, Settlor and Trustee have executed this Trust Agreement on
the day and year first above written.
WITNESS:
CfIlYl.d ~
,/
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J ON BARTLEIT
~YW:- ~
I
. . ?
Jf~ r2-. /:'t~1Zfat:
~SHIRLEY BARTLETT
F:\HOME\AHE\l.1T1\DOCS\A.C\BARll.E11\TRUST. WPD
6
COMMONWEALTH OF PENNSYLVANIA
55
COUNTY OF DAUPHIN
On this, the L day of (J./ibe, ,2005, before me, a Notary Public, the undersigned
officer, personally appeared JASON BARTLETT, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
.---, .... ""T~TARw..SEAL-'.""""'1
. TAAGV L. WHITE, Notary Public I
; S"ver f;;iring Twp., CIJfI'Ibenand County I
~y c!~~~~~~..~~~1 2006_
I 11 h
,V/1li.L
LIe
COMMONVIEAL TH OF PENNSYLVANIA
: ss
COUNTY OF DAUPHIN
On this, the ~ day of C~Q +c) W ,2005, before me, a Notary Public, the
undersigned officer, personally appeared SHIRLEY ANN BARTLETT, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument and
acknowledged that she executed the same for the purposes therein contained.
r-\ \\1TNESS WHEREOF, I hereunto set my hand and official seal.
~.. -. '-"I..oiARiAi. SEAL- - --~l
TRACY L V\.'HITE. f'<<)tary Public; \
: Sil'!6f Sprhg ~\I'Ir)~ c":'"'-~ County .
"1)/ (. - '''>T;'''''-l'' -. . . 1- .-: ...,~ i:" <'VV\l::! i
~ ,l: "'Vf.h.~~.~~: ~.:-~_~~_!~.t'__~~~vvu .
7
Exhibi t D
L I'A OFFlCES ()F
HO\VETT. KISSI~GER, CONLEY & HOLST, P.C.
130 WAL:\L'T STREET
POST OFFICE BOX SIO
H\RRISBlRG. PE:-':-'SYL '.0\:-'10\ 17108
JOH:\ C. HOWETT. JR.
DO~ALD 1. KISSI:\GER
cr:-';DY S. CO:\LEY
DARRE:\ 1. HOLST
(717) 23.t-2616
FAX 17!7) 23.t.5402
DEBRA M, SHI;\\P
Lc:gaI .-\ssistant
January 5, 2006
J-IA FAX & l'tfAIL (717) 238-4809
Jordan D. Cunningham, Esquire
CUN1'J"INGHA1\l & CHERNICOFF PC
2320 North 2nd Street
Harrisburg, PAl 7110
Re: Bartlett v. Bartlett
Dear Jordan:
I hope you enjoyed a relaxing holiday season, and Happy New Year to you and everyone
at your firm. Right around Christmas, I forwarded to you my client's signed Affidavit of Consent
and Waiver of Notice in the above-referenced matter, as you and I had discussed back in
September (when you filed the divorce complaint) finalizing the divorce action prior to year's
end. At your earliest convenience, please advise as to the status of that matter.
I also write at this time at the request of my client concerning several matters with respect
to the Property Settlement Agreement. As you may recall, at the time of execution the parties
executed original deeds, one to the marital residence and the other to the townhouse, which deeds
are presently held in escrow by our office pending refinance on both properties. It was my belief
that the refinancing had occurred with respect to the marital residence, and if that has occurred, I
will be happy to release the original deed to your attention for recording.
As to the townhouse, your client was to take the steps to refinance the encumbrance
thereon within ninety days of execution of the agreement, and ifhe was unsuccessful in
refinancing, he would then reapply every six months thereafter until such time as his application
is approved. The applicable provision of the agreement provides that he is to provide my client
documentation that he is in compliance within forty-eight hours. We are now outside ninety days
from execution of the agreement, and my client has heretofore received no documentation that
Jason has taken the steps to apply for refinancing on the townhouse. Please advise as soon as
possible as to the status of this matter, and have your client forward all required documentation to
her. .
Jordan D. Cunningham, Esquire
January 5, 2006
Page Two
Fir.2~ly, you may recall that paragraph 12 of the agreement obligates both parties to
maintain at least S 125,000.00 \vorth of death protection on Madison until she reaches the age of
23 or completes her post-secondary education, whichever last occurs. The parties were to take
the steps to prepare appropriate wills and testamentary trusts to effectuate the tenns of paragraph
12. and the parties \\'ere to name each other as trustees on the testamentary trusts. This
documentation was to be prepared and exchanged within thirty days of execution of the
agreement.
Brenda provided to Jason within the said thirty day period a copy of her revised last will
and testament evidencing the creation of the appropriate testamentary trust maintaining at least
$125,000.00 for the benefit of Madison. Despite repeated requests for Jason to provide her with
documentation of his will and testamentary trust, Jason did not provide such documentation until
only very recently. well outside the thirty day period.
Moreover, upon inspection of the agreement of trust that Jason had prepared, a copy of
which I enclose herein, there are two instan~es in which the agreement of trust fails to comply
with paragraph 12 of the settlement agreement:
1. The agreement of trust prepared by Jason makes no mention whatsoever of
it maintaining at least $125,000.00 worth of d~ath protection VIa life insurance for the benefit of
Madison, the proceeds of which would be placed into the trust. A copy of the life insurance
policy mentioned in the first article of the agreement of trust was not attached, so this matter can
be easily rectified by Jason providing a copy of the life insurance policy to Brenda; and
2. The settlement agreement requires the parties to name each other as
trustees on their life insurance trusts. As indicated in Brenda's last will and testament, a copy of
which is enclosed herein, she has designated Jason as trustee for her trust. However, the trust
created by Jason designates his mother, Shirley Arm Bartlett, as trustee. This is unacceptable.
Please have your client prepare an amended agreement of trust designating Brenda as
trustee. I thank you in advance for your assistance in getting these matters resolved without the
need for filing a fonnal petition to enforce the settlement agreement.
Sincerely.
3--
Darren J. Holst
DJH/djk
Enclosures
cc: Brenda L. Bartlett (w/encls)
AGREEl\-'IENT OF TRUST
THIS AGREEMENT OF TRUST, executed this -l- day of Dctcb,'~~ ~ 2005, between
JASON BARTLETT, of Enola, Cumberland County~ Pennsylvania (hereinafter called Settlor),
and SHIRLEY AL'fN BARTLETT, Of~, C\l~b,jo )~"l County, Pennsylvania
(hereinafter called Trustee).
WHEREAS, Settlor has designated the Trustee as a beneficiary under his Last Will and
Testament dated DJ-c~)~1r ,2005, a copy of which is attached hereto.
NOW, THEREFORE, Trustee agrees to collect as beneficiary of a certain life insurance
policy established by the Settlor and may specific bequests left to the Trustee at the death of the
Settlor and to hold such residue, property and proceeds, together with any other property, real or
personal, IN TRUST, as follows:
FIRST
Trustee shall hold the proceeds of a certain life insurance policy naming Trustee as
beneficiary and any other property left to the Trustee immediately and any and all the residue of
the Estate of Jason Bartlett bequeathed to Trustee in Trust under this First Article for the
following uses and purposes:
(a) To pay the income, and so much of the principal as may, in the sole
discretion of my Trustee be necessary for the maintenance, support, medical expenses and
education of the Settlor's daughter, Madison SkyJer Bartlett.
(b) The amount to be paid for the benefit of my said child shall be detennined
from time to time by the needs of such child, and the amounts and times of said payments shall
be detennined by such need. The said payments may be made by my said Trustee directly to said
child, in the sole opinion of my Trustee, of such age and ability to handle properly the funds so
paid to said child, or may be made by my said Trustee directly to the person having the custody
and care of any of the said child, or may be made by my said Trustee directly to any institution
entitled to such payment by reason of services rendered or to be rendered to any of the said child.
In making the aforesaid payments, my said Trustee shall give primary consideration to the
individual need of the child and to other sources of income available to such child.
(c) To pay the accumulated income and principal then remaining in its hands
to the said child at the first happening of either of the following events:
(i) When the child has attained the age of twenty-one
(21) years, and has fully completed their formal education, which
term "formal education" shall include any internship,
apprenticeship, residency, clerkship, or the like. The decision of
2
my Trustee as to the completion of formal education by any of tbe
said children shall be fmal.
(ii)
(24) years.
When the child bas attained the age of twenty-four
SECOND
I direct that a Trustee, or other fiduciary named, nominated, or appointed in this
Agreement shall not be required to post any bond or give any securitY of any type for any purpose
whatsoever, any law or rule ofeourt of the Commonwealth of Pennsylvania or any other
jurisdiction to the contrary notwithstanding.
THIRD
The interest of the beneficiaries hereunder shall not be subject to anticipation or to
voluntary or involuntary alienation.
FOURTH
Trustee shall pay any Federal, State or other death taxes payable because of my death,
with respect to property forming a part of this Trust. In addition, Trustee shall have the power to
make a loan without interest, as it may deem desirable in order to provide funds for the payment
of administrative expenses or death taxes on any or all property included in Settlor's gross estate
3
for tax purposes. Such payment or loan shall be made out of the principal or income oftbe
property allocated to the Trust. Any such taxes or expenses may be paid directly by the Trustee
or the funds for their payment may be transferred by Trustee to Settlor's personal representative.
All such death taxes on present or future interests shall be paid at such time or times as Trustee
may think proper, regardless of whether of such taxes are then due, provided that any postponed
taxes on future interests shall be charged against the principal of that particular share with respect
to which the taxes are imposed.
}c'U-IH
Trustee shall bave the following powers in addition to those vested in it by law and by
other provisions of this Trost, applicable to all property, whether principal or income, including
property held for minors, exercisable without Court approval in its absolute discretion and
effective until actual distribution of all property:
(a) To retain any or all of the assets of this Trust, real or personal, without
regard to any principle of diversification or risk.
(b) To invest in all forms of property, including stock common trust funds and
mortgage investment funds whether operated by Trustee or others, witbout restriction to
investments authorized for Pennsylvania fiduciaries, as it deems proper. without regard to any
principle of diversification or risk.
4
(c) To sell at public or private sale, to exchange or to lease for any period of
time, any real or personal property, and to give options for sales, exchanges or leases, for such
prices, and upon such terms and conditions as it deems proper.
(d) To allocate receipts and expenses to principal or income or partly to each
as Trustee from, time to time, thinks proper.
(e) To compromise any claim or controversy.
(f) To distribute in cash or kind or partly in each.
(g) To hold cash for a reasonable period of time pending reinvestment.
(h) To hold property in its name without designation of any fiduciary capacity
or in the name of a nominee or unregistered.
SIXTH
Trustee shall receive compensation for the performance of its functions hereunder in
accordance with its standard schedule of fees in effect from time to time during the period over
which its services are performed.
5
SEVENTH
The situs of this Trust for administrative and accounting purposes shall be Dauphin
County, Pennsylvania, and all questions pertaining to the construction or validity of the
provisions of this instrument shall be governed by the laws of the Commonwealth of
Pennsylvania.
IN WIThtSS WHEREOF, Settlor and Trustee have executed this Trust Agreement on
the day and year first above written.
WITNESS:
~~
,/
/~.=4~#-
J ON BARTLETT
rYld ~.
{ . 1
Lt " /1 '.'
,":1"'~ u."",. /.:.~
~SHIRLEY . BARTLETT
F:\HOME\AHEWl1T\DOCS\A-C\BARTLE11\TRUST. WPD
6
COMMONWEAL TH OF PENNSYLVANIA
: 55
COUNTY OF DAUPHIN
On this, the -1- day of IMber ,2005, before me, a Notary Public, the undersigned
officer, personally appeared JASON BARTLETT, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
._'~;~1;~f>=~.~~-"1 '- t
1. SHvei :-~irjng T,"p., Cumbef1and. CountyJ NOTARY
','r!1 C~~~~.xpir~~~~~
.:; /U)i(. ~L
LIC
COMMONWEALTH OF PENNSYL V ANlA
: ss
COUNTY OF DAUPHIN
On this, the -1- day of CJQfr}W ,2005, before me, a Notary Public, the
undersigned officer, personally appeared SHIRLEY ANN BARTLETT, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
______~'_T ~-_
. NOTARIAL. SEAL.
TRACY L WHITE, Notary PubIki
Silver SprhJ Twp" CurMertand Cc:u1ty
My Ccmrrti26iol1~~. 5,2006
7
Last Will
and Testament
OF
BRENDA L. BARTLETT
I, BRENDA L. BARTLETT, of Mechanicsburg, Cumberland County, Pennsylvania, do
make, publish and declare this to be my Last Will and Testament, hereby revoking and making
void any and all fonner Wills made by me.
ARTICLE I
I direct that all my legal debts and funeral expenses including my gravemarker and all
expenses of my last illness that my Executrix is obligated to pay, shall be paid from my residuary
estate as soon as practicable after my decease as a part of the expense of the administration of
my estate.
ARTICLE II
I direct my Executrix to pay all inheritance. transfer. estate and similar taxes (including
interest and penalties) assessed or payable by reason of my death on any property or interest in
property which is included in my estate for the purpose of computing taxes. My Executrix shall not
require any beneficiary to reimburse my estate for taxes paid on property passing under the terms
of this Will or otherwise.
ARTICLE III
I bequeath my household and personal effects and other tangible property of like nature
(not including automobiles, cash and securities), together with any existing insurance thereon, to
TRUDY L. SHELLY and PATRICIA L. FAWVER, to be divided by my Executrix in as nearly
shares as possible taking into consideration their desires.
ARTICLE IV
I bequeath the sum of One Hundred Twenty-Five Thousand ($125.000.00) Dollars to my
daughter, MADISON SKYLER BARTLETT. If at the time of distribution to her, my daughter has
not attained the age of twenty-three (23) years and completed her post secondary education, said
sum shall be held in TRUST for her benefit by JASON E. BARTLETT according to the terms and
conditions of the Trust set forth in Article VI hereof. To fund this bequest I have obtained life
insurance policies on my life designating the benefiCiary as the trust created for the benefit of my
daughter, MADISON SKYLER BARTLETT, in my Last Will and Testament.
ARTICLE V
I give, devise and bequeath all the rest, residue and remainder of my estate of every
nature and wherever situate to TRUDY L. SHELLY and PATRICIA l. FAVWER, in equal shares.
Should one of them predecease me, their share of my residuary estate shall be distributed to the
survivor of them.
ARTICLE VI
Should my daughter, MADISON SKYLER BARTLETT, not have attained the age of
twenty-three (23) years and completed her post-secondary education at the time of distribution of
the sum bequeathed to her in Article N hereof, I devise and bequeath said share to JASON E.
BARTLETT, IN TRUST, for the benefit of my daughter, MADISON SKYLER BARTLETT. The
Trustee named herein, or his successor, shall hold, manage, invest and reinvest the shares so
received, and the accumulation of income thereon, and shall use and apply the income and
principal, or so much thereof, as in Trustee's discretion, may be necessary or appropriate for such
beneficiary's support and education (including trade school and college education, both graduate
and undergraduate) taking into consideration the other forms of support and maintenance
available and received for the benefit of the benefiCiary, and to make payments for these
purposes, without further responsibility to such beneficiary or to any person taking care of such
beneficiary or to any educational institute or related entity consistent with the terms set forth in this
Trust. The Trustee shall have the power to manage. invest and reinvest the assets of the Trust
estate. to collect the income therefrom and to apply so much or all of the net income and principal
thereof as is set forth in this Trust. Any income or principal not so used or applied shall be
distributed to the beneficiary absolutely when she has attained the age of twenty-three (23) years
and completed her post-secondary education. I direct that the interest of the beneficiary named
hereunder shall not be subject to anticipation. or to voluntary or involuntary alienation. If the
beneficiary dies before attaining the age of twenty-three (23) years. the Trust shall terminate and
the remaining principal and any accumulated income shall be distributed to her personal
representative. Upon such termination of this Trust. the rights of all persons who might otherwise
have an interest as the succeeding income beneficiary or to the remainder shall cease. My
Trustee shall have the power. if he deems it advisable at any time, to name a successor Trustee
should he be unable to continue as the Trustee for any reason. My Trustee shall also have the
authority to hire attorneys. accountants, financial advisors and other persons he deems
appropriate to assist him in administering this Trust. My Trustee named herein shall serve without
bond.
ARnCLE VII
In the event I am survived by my daughter. MADISON SKYLER BARTLETT. and she is
a minor at the time of my death. JASON E. BARTLETT. shall serve as guardian of my minor
child. In the event JASON E. BARTLETT predeceases me or is unable or unwilling to serve as
guardian of my daughter, I nominate and designate TRUDY L. SHELLY as guardian of my
daughter, MADISON SKYLER BARTLETT. giving to her all the rights. powers and privileges
devolved thereupon by operation of law.
ARTICLE VIII
I name, constitute and appoint PATRICIA l. FAWVER as Executrix of this my Last Will
and Testament, and she shall serve without posting bond. Should PATRICIA L. FAWVER fail to
qualify or cease to so act, J name, constitute and appoint TRUDY L. SHELLY as the Executrix of
this my Last Will and Testament, and she shall serve without posting bond.
IN WITNESS WHEREOF, I hereunto set my hand and seal this c:!:L3rc/ day of
~be.r- .2005.
(SEAL)
Signed, sealed, pUblished and declared by the above-named Testatrix as and for her Last
Will and Testament in the presence of us, who. at her request, in her presence and in the
presence of each other have hereunto subscribed our names as witnesses.
~Q-~
1'~' ~FU.-.
~4~y
N&rtV1 yubl;c..
COMMONWEAlTH OF PENNSYLVANlA
NoIariaI Seal
TaU A. Myers. NctIrY P\dC
~... BellO. Q..t..lIIld COlJ1ly
u... eo. tibeIcn 1:....... Mar. 29, 200B
""J ,., ........-
Member. pef\nl'i'v8nl8 AsfOCI8tlon Of Notaries
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
I, BRENDA L. BARTLETT. Testatrix, whose name is signed to the foregoing instrument,
having been duly qualified according to law, do hereby acknowledge that I signed and executed
the instrument as my last Will and Testament; that I signed it willingly; and that I signed it as my
free and voluntary act for the purposes therein expressed.
~
. BRENDA L. BARTLETT
Sworn or affirmed to and acknowledged before me, by BRENDA L. BARTLETT, the
Testatrix, this ~~rd:tay of ~~ e.rnlJey , 2005.
~ A- ~~
Notary Public
~THOFPENNSYlVANIA
Nc8faI SeraI
Toof A a.t;ers. Notay NlIIc
Carll) HI Bcro. CmU.ta.td Cany
My CornmiIal. k Expires Mar. 29, 2D08
Member. Pennsylvania ASSOCiation Of Notaries
AFFIDA VlT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss:
we~o..+\...~r\ n ~ ~. ~ oS S.CL\' c\ and J VL ~i ~ if ~ K.t." the
witnesses whose names are signed to the foregoing instrument. being duly qualified according to
law, do depose and say that we were present and saw the Testatrix sign and execute the
foregoing instrument as her Last Will and Testament; that she signed willingly and that she
executed it as her free and voluntary act for the purposes therein expressed; that each of us in the
hearing and sight of the Testatrix signed the Will as witnesses; and that to the best of our
knowledge, the Testatrix was at that time at least 18 years of age, of sound mind and under no
constraint or undue influence,
~Q.~~
J. ')J. <:f>-l-;...r/C.
.J
Sworn to or affirmed to and subscribed to before me by C.c:d-her~fle 6 o~s o...r-c!
and ~(\C'\',.Je~ ~u( k..e , witnesses, this~day Of~~.be..r-- ,2005.
~ FT ~'~
Notary Public
:TH OF PENNS'f\..VAN\A
COMMONWEALNomrisI Seal
TcriA. MyeIS.::~
camP te.BcIO,eq;res Mar. 29. ~
'~~ . ,"on at Notaries
Memtlef. pennavN81'1i8 -.sSOCla I
:259268
Exhi bit E
L.-\W OFFICES OF
HO\VETT, KISSINGER, CONLEY & HOLST, P.C.
130 \VAL:-':LT STREET
POST OFFICE BOX X 10
HARRISBLRG. PESSSYLV.-\='IA 17108
JOH:-< c. HOWETI. JR.
DOi'<ALD T. KISSI:-<GER
CI:-<DY S. CONLEY
DARRE:-': 1. HOLST
(717) 23~-2616
FAX 1717) 23~-5402
DEBRA ~1. SHI\IP
Legal Assistant
July 20, 2006
VIA FAX (717) 238-4809 ONLY
Jordan D. Cunningham, Esquire
CUNNINGHAM & CHERNICOFF PC
2320 North 21!d Street
Harrisburg, P A 17110
Re: Bartlett v. Bartlett
Dear Jordan:
I write to advise that my client will be stopping by my office sometime either today or
tomorrow to execute both the custody stipulations and the new deed. Once said documents are
executed, I will forward the originals to your attention; you can then take the steps to submit the
original custody stipulation to Judge Guido for entry of the incorporation order.
In speaking to my client, she reminded me of another unresolved matter. On January 5,
2006 I wrote to you regarding each party's obligations under the marital settlement agreement.
In particular, Jason previously forwarded to Brenda his life insurance trust that both parties were
required to execute under the agreement. However, his trust does not comply with paragraph 12
of the settlement agreement insomuch as it does not specifically require maintenance of at least
$125,000.00 in life insurance protection nor does the agreement name Brenda as trustee.
Brenda's trust, a copy of which she provided to Jason within thirty days of executing the
settlement agreement, does name Jason as trustee.
My January 5th letter requested Jason execute an amended trust agreement designating
Brenda.as trustee. To date, I have not received confirmation that this has occurred. As per my
client, I request that Jason provide confirmation that he is in compliance with paragraph 12 of the
settlement agreement by July 31, 2006.
Sincerely,
c
I)
Darren J. Holst
'---
DJH/glg
cc: Brenda L. Bartlett
\,,,.
Exhibit F
.
L.-\W OFf-ICES (Jr
HO\\'ETT, KISSINGER, CONLEY & HOLST, P.C.
130 W:\L:\LT STREET
POST OFFICE BOX 810
H\RRISBL"RG. PE:-;:-;SYLV.\:-;I.\ 17108
JOH:-i C. HOWETT. JR.
DO~:\LD T. KISSI:\GER
CI~DY S. COSLEY
D:\RRE~ 1. HOLST
(717) 234-2616
F-\X (717) 23~-5~02
DEBRA ~1. SHI~IP
LegJI AssistJnt
July 21,2006
Jordan D. Cunningham, Esquire
CUNNlNGHA1\t1 & CHERt'ITCOFF PC
2320 North 2nd Street
Harrisburg, PAl 711 0
Re: Bartlett v. Bartlett
Dear J ord~m:
This morning Brenda executed the four original custody stipulations and
the special warranty deed, both of which you forwarded last week. I enclose
herein at this time three originals of the custody stipulation, with the fourth
original b~ing maintained by my client for her file. Kindly take the steps to
submit the stipulation to Judge Guido for entry of the appropriate incorporation
ord~r. Once the order is entered, please provide a time-stamped copy of the order
for my file.
I also enclose herein the executed deed. After Jason has executed the
deed, please provide me with a fully-executed copy of the deed for my file. Also,
please provide documentation confirming the refinancing of the marital residence
in accordance with the agreement. I thank you in advance for your attention to
this matter.
'.
Lastly, I still await receipt confirmation that Jason has changed the
beneficiary on his life insurance trust in order to compliant with the settlement
agreement.
Sincerely,
~
Darren J. Holst
DJH/gIg
EnClosures
cc: Brenda L. Bartlett (w/encl.)
~
Exhi bit ~
" . ..
I
L
LAW OfFICES Of
HO\VETT, KISSINGER, CO~LEY & HOLST, P.C.
130 WAL:-';LT STREET
POST OFFICE BOX g (I)
H....RRlsBl.RG. PE:O':-;SYL'w........I.\ 1710S
JOH~ C. HOWETI. JR.
DO~ALD T. KISS1:-';GER
CI:-';DY S. CO:-';lEY
DARRE:-'; 1 HOLST
171'71 ~3~-~616
q
F.\\ ,717) ~3~-5~u:
DEBRA ~1. SHI\IP
Legal Assistant
August 23, 2006
Vl4 FA}((717) 238-4809 & ~/AIL
Jordan D. Cunningham, Esquire
CUNNINGHA1vf & CHERNICOFF PC
2320 North 2nd Street
Harrisburg, PAl 711 0
Re: Bartlett v. Bartlett
Dear Jordan:
Thank you for providing me a certified true and correct copy of the Order
entered by Judge Guido on August 21,2006 incorporating the parties' custody
stipulation. However, I still have not received confirmation that Jason has
changed the beneficiary on his life insurance trust in order to comply with the
marital settlement agreement. My letter of July 21 5t asked for this information, as
did previous letters. I must ask that provide this confirmation by next Friday,
September 1,2006; otherwise, I am instructed to file a petition to enforce the
settlement agreement to compel the change of beneficiary designation.
I thank you in advance for your attention to this matter.
Sincerely,
~-
Darren J. Holst
DJH/gIg
cc: Brenda L. Bartlett
" . .
Exhibit H
, t, ..
14. PRESERVATION OF RECORDS:
Each party will keep and preserve for a period of three (3) years from the date of
divorce all financial records relating to the marital estate, and each party will allow the other party
access to those records in the event of tax. audit.
15. l\'IODIFICATION:
No modification, rescission, or amendment to this Agreement shall be effective
unless in writing signed by each of the parties hereto.
16. SEVERABILITY:
If any provisions of this Agreement is held by a court of competent jurisdiction to
be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and
continue in full force effect without being impaired or invalidated in any way.
17. BREACH:
If either party hereto breaches any provision hereof, the other party shall have the
right, at his or her election, to sue for damages for such breach, or seek such other remedies or
relief as may be available to him or her. The non-breaching party shall be entitled to recover from
the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the
rights of the non-breaching party.
18. WAIVER OF BREACH:
The waiver by one party of any breach of this Agreement by the other party will
not be deemed a waiver of any other breach or any provision of this Agreement.
26
~ .. ..
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN DIVORCE
JASON E. BARTLETT,
Plaintiff
NO. 2005-0532 CIVIL TERM
BRENDA L. BARTLETT,
Defendant
CERTIFICATE OF SERVICE
I, Darren J. Holst, Esquire, counsel for Brenda L. Bartlett, Defendant in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Petition for Civil
Contempt and Enforcement of Marital Settlement Agreement was served upon Jordan D.
Cunningham, Esquire, counsel for Jason E. Bartlett, Plaintiff, by depositing same in the United
States mail, first class, on September 25,2006, addressed as follows:
Jordan D. Cunningham, Esquire
CUNNINGHAM & CHERNICOFF PC
2320 North Second Street
Harrisburg, P A 17110-1008
Date:
7/J ) / D (,
~- ~~/J.. ~I-
Darren J. 018t, Esquire
HOWETT, KISSINGER, CONLEY & HOLST, P.c.
130 Walnut Street, P.O. Box 810
Harrisburg, P A 17108
Telephone: (717 )234-2616
Counsel for Defendant Brenda L. Bartlett
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
RULE TO SHOW CAUSE
~ dayof (j~J.J
JASON E. BARTLETT,
Plaintiff
v.
BRENDA L. BARTLETT,
Defendant
AND NOW, this
)
)
)
)
)
)
)
50~
NO. 2005~ CIVIL TERM
CIVIL ACTION - LA W
IN DIVORCE
, 2006, upon
consideration of Defendant's Petition for Civil Contempt and Enforcement of Marital
Settlement Agreement, a Rule is hereby issue upon Plaintiff to show cause, if any, why the relief
requested therein should not be granted. Said Rule is returnable no later than the date of hearing
before the undersigned, which is hereby ~ch,5duled for 1LtlN/.Jv~t Q ___,2006
cvt- I r CfY ,.., .In')
in Courtroom No. ~. Aofthe Cumberland County Courthouse, One Courthouse Square,
Carlisle, Pennsylvania 17013.
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Jordan D. Cunningham, Esquire
CUNNINGHAM & CHERNICOFF, P.c.
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
Facsimile: (717) 238-4809
Email: icunningham@cclawPc.com
Attorneys for Plaintiff
JASON E. BARTLETT,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
D5 - 503~
NO. ~-6~~!-
CIVIL ACTION - LAW
BRENDA L. BARTLETT,
Defendant
: IN DIVORCE
PLAINTIFF'S RESPONSE
TO DEFENDANT'S PETITION FOR CIVIL CONTEMPT
AND ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT
AND NOW, comes your Plaintiff, Jason E. Bartlett, by and through his counsel,
Cunningham & Chemicoff, P.c., who files this Response to Defendant's Petition for Civil
Contempt and Enforcement of Marital Settlement Agreement and in support thereof avers the
following:
1. Admitted.
.
2. Admitted.
3. Admitted.
4. Admitted,
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. The averments of Paragraph 12 are partially admitted and partially denied. It is
admitted that Plaintiff, on or about October 1,2005, executed a Will in which Will a Trust was
established for the parties' minor child. The Trustee of the Will was inadvertently named as
Plaintiffs mother instead of Defendant. It should be noted that each party failed to execute the
necessary documents within the thirty (30) days provided by the terms of the Marital Settlement
Agreement, however, Plaintiff, in good faith, did establish the Trust for his daughter.
13. The averments of Paragraphs 13 are partially admitted and partially denied. The
Trust Agreement speaks to receipt of proceeds from a certain insurance policy and is commonly
referred to as a "pour over trust." Plaintiff did name the Trust and the policy issued by the
Hartford Group, policy number OGL673918, indicating the Trust of Madison Bartlett as the
beneficiary of the funds. It is not necessarily required that the Trust Agreement specifically refer
to the $125,000.00.
2
14, Admitted.
15. The averments of Paragraph 15 are partially admitted and partially denied. It is
admitted that on or about January 5,2006, Defendant's counsel forwarded to Plaintiffs counsel a
request that the trustee clause be amended, but is denied that the trust had not been established.
16. The averments of Paragraph 16 are partially admitted and partially denied. It is
admitted that on or about July 20,2006, Defendant's counsel forwarded further correspondence
to Plaintiffs counsel reminding him of Plaintiffs failure to comply with the terms ofthe Marital
Settlement Agreement naming Defendant as Trustee of the Trust for the parties' minor child.
17, Admitted. By way of further pleading, during the same period of time, the parties
were involved in custody litigation and, due to the fact the Trust had been completed, it was by
oversight that the amendments to the Trust Agreement were not forwarded to Defendant's
counsel.
18. Admitted.
19. The averments of Paragraph 19 are partially admitted and partially denied. It is
admitted that between the dates of correspondence and the date of the filing of the Petition,
Plaintiffs counsel and Defendant's counsel did not speak. By way of further pleading, however,
on September 1,2006, Plaintiffs counsel attempted to contact Defendant's counsel and left a
message regarding the status of responding to the various correspondence which had been
forwarded to Plaintiffs counsel.
20. The averments of Paragraph 20 represent a conclusion oflaw to which a response
is not required.
3
21, The averments of Paragraph 21 represent a conclusion of law or fact to which a
response is not required.
22. The averments of Paragraph 22 represent a conclusion oflaw to which a response
is not required.
23. The averments of Paragraph 23 represent a conclusion of law or fact to which a
response is not required.
24. The averments of Paragraph 24 represents a conclusion of fact to which a
response is not required.
NEW MATTER
25. Plaintiff incorporates by reference the averments of Paragraphs 1 through 25 of
the Response to Plaintiffs Petition for Civil Contempt and Enforcement of Marital Settlement
Agreement as if more fully ser forth herein.
26. Immediately, upon receipt of Defendant's Petition for Civil Contempt and
Enforcement of Marital Settlement Agreement, Plaintiffs counsel, on September 29,2006
forwarded communication to Defendant's counsel together with proposed amendments to
Plaintiffs Last Will and Testament and Trust Agreement.
27. On October 3,2006, Plaintiff executed a new Will and a new Trust Agreement
naming Defendant as Trustee of a certain Trust and specifically identifying the amounts of life
insurance to fund the trust.
4
28. On October 3,2006, Plaintiffs counsel forwarded to Defendant's counsel an
original Trust Agreement requesting Defendant to execute the Agreement as Trustee.
29. Plaintiff has taken all necessary steps to comply with the terms and conditions of
the Marital Settlement Agreement.
30. Plaintiffs counsel, as of the date of this pleading, has not received any
communication from Defendant's counsel regarding the Trust Agreement.
31. Since October of 2005, Plaintiff has had in place the designation of the Trust for
his minor child, Madison Bartlett, as the beneficiary of$125,000.00 of proceeds from a certain
life insurance policy in accordance with the terms of the Marital Settlement Agreement.
32. The provisions of the Marital Settlement Agreement would have provided to the
Defendant the basis on which to challenge the trusteeship of Plaintiffs mother as named Trustee
for the Trust established for his minor child, Madison Bartlett, pursuant to the Marital Settlement
Agreement.
33. The establishment of the Trust and the naming of the Trust as the beneficiary of
$125,000.00 of insurance proceeds satisfied the primary purposes set forth in the Marital
Settlement Agreement.
34. Plaintiffs oversight in failing to name Defendant as the Trustee of the Trust is one
which could have been remedied in the event of Plaintiffs intermittent death and thus is not a
substantial but, instead, a de minims variation from the terms and conditions of the Marital
Settlement Agreement, all of which has now been rectified.
5
WHEREFORE, your Plaintiff/Respondent, Jason E. Bartlett, respectfully request this
Honorable Court to deny the relief sought by Defendant, Brenda L. Bartlett, as Plaintiff timely
created the Trust, provided a mechanism for funding the Trust in accordance with the terms of
the Marital Settlement Agreement and has now remedied the naming of the Trustee to comply
with the terms and conditions of the Marital Settlement Agreement.
Respectfully submitted,
CUNNINGHAM & CHERNICOFF, P.C.
Dated: October 10, 2006
By:
rdan . Cunningham, Esquire
PA J.D. No. 23144
2320 North Second Street
Harrisburg, PA 17110
(717) 238-6570
Attorneys for Plaintiff
F:\HOME\AHEWITI\DOCS\A-C\BARTLETI\DIVORCE\CONTEMPT\RESPONSE.WPD
6
CERTIFICA TE OF SERVICE
I do hereby state that on the lli~ of October, 2006, I served a true and correct copy of
the foregoing in the captioned matter, by United States mail, addressed to:
Darren 1. Holst, Esquire
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
a ~'7t---~
ngcla L. ewitt--
Legal Secretary
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Darren J. Holst, Esquire
HOWETT, KISSINGER, CONLEY & HOLST, P.C.
130 Walnut Street, P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Defendant, Brenda L. Bartlett
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JASON E. BARTLETT,
Plaintiff
v.
)
)
)
)
)
)
)
NO. 2005-5032 CIVIL TERM
BRENDA L. BARTLETT,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE
TO THE OFFICE OF THE PROTHONOTARY:
Kindly withdraw with prejudice the Petition for Civil Contempt and Enforcement of
Marital Settlement Agreement filed by Defendant, Brenda L. Bartlett, on September 27, 2006.
Judicial intervention is no longer necessary insomuch as Plaintiff has taken the steps to become
compliant with the parties' Marital Settlement Agreement.
Date: 1'-> II 0 10 6
,
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Respectfully submitted,
J)- ;:,4/(]
Darren J. Hol , Esquire ,/
HOWETT, KISSINGER, CONLEY & HOLST, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Defendant, Brenda L. Bartlett
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN DIVORCE
JASON E. BARTLETT,
Plaintiff
NO. 2005-5032 CIVIL TERM
BRENDA L. BARTLETT,
Defendant
CERTIFICATE OF SERVICE
I, Darren 1. Holst, Esquire, counsel for Brenda L. Bartlett, Defendant in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Praecipe was served
upon Jordan D. Cunningham, Esquire, counsel for Jason E. Bartlett, Plaintiff, by depositing same
in the United States mail, first class, on October 10, 2006, addressed as follows:
Jordan D. Cunningham, Esquire
CUNNINGHAM & CHERNICOFF PC
2320 North Second Street
Harrisburg, PA 17110-1008
Date: 10 /; I.> Ii) {,
y- /}/J/;'J
Darren J. HclSt, Esquire
HOWETT, KISSINGER, CONLEY & HOLST, P.c.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717-234-2616
Counsel for Defendant, Brenda L. Bartlett
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