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DAREN L. INMAN, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSVLVANIA
I
vs. I CIVIL ACTION - LAW
I NO. 94-5277 CIVIL 1994
SARAH C. INMAN, I
Defendant I IN DIVORCE
WAIVER OF COUNSELLING
DAREN L. INMAN, being duly sworn according to law, deposes
and saysl
1. I have been advised of the availability of marriage
counselling and understand that I may request that the Court
require that my spouse and I participate in counselling.
2. I understand that the court maintains a
counselors in the Domestic Relations Office,
available to me upon request.
list of marriage
which list is
3. Being so advised, I do not request that the Court
require that my spouse and I participate in counselling 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. section 4904 relating to unsworn
falsification to authorities.
t..#
DAREN L. INMAN
Sworn to and subscribed before me this ~ day
1994.
of December,
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Notary Public
NOT~L 8l!AI.
CA= L PkiERS, NOrAAY~
MY COMM~ CUMeeFlLANo COUHTY
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DAREN L. INMAN, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTV, PENNSVLVANIA
I
vs. I CIVIL ACTION - LAW
I NO. 94-5277
SARAH C. INMAN, I
Defendant I IN DIVORCE
PRAECIPB
TO THE PROTHONOTARY I
Please file the attached Separation and Property Settlement,
dated July 18, 1995, to the above-captioned matter. Also file
the attached Stipulation and Agreement for Custody and Partial
Custody also dated July 18, 1995.
Respectfully Submitted,
ARTHUR T. MCDERMOTT & ASSOCIATES
-
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Arthur T. McDermott, Esq.
50 East High Street
Carlisle, PA 17013
(717) 243-7807
CCI John J. Connelly, Jr., Esquire
Attorney for Defendant
108-112 Walnut Street
Harrisburg, PA 17108
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT Made this /tf"day of Jull ' 1995 by
and between SARAH C. INMAN (hereinafter referred to as WIFE) and
DARIN L. INMAN (hereinafter referred to as HUSBAND);
WITNESSETH I
WHEREAS, the parties hereto were married on September 6,
1980 in Athens, Ohio; have been and are Husband and Wife1 and as
a result of this union, three children were born to witl Shannon
Inman, born July 17, 1981, Tabetha Inman, born May 18, 1985, and
Samantha Inman, born April 11, 1987, hereafter referred to as the
"children" .
WHEREAS, diverse, unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of WIFE and HUSBAND to .live separate and apart for the
rest of their natural lives, and the parties hereto are desirous
of settling fully and finally their respective financial and
property ~ights and obligations as between each other, including,
without limitation by specification; the settling of all matters
between them relating to the ownership and equitable distribution
of real and personal property; settling of all matters between
them relating to the past, present and future support and/or
maintenance of the wife, the settling of any and all claims and
possible claims by one against the other or against their
respective estate.
NOW, THEREFORE, in consideration of the premises and of the
mutual promises, covenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which
is hereby acknowledged by each of the parties hereto, WIFE and
HUSBAND, each intending to be legally bound, hereby covenant and
agree as follows I
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS I ThiB
Agreement shall not be considered to affect or bar the right of
WIFB or HUSBAND to a limited or absolute divorce on lawful
grounds as 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 hereto of any act or acts
on the part of the other party which have occurred prior to the
date hereof. The parties intend to secure a mutual consent
divorce.
2. EFFECT OF DIVORCE DECREE I The parties agree that unless
otherwise specifically provided herein, 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.
3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE I The
parties agree that the terms of this Agreement shall be
incorporated into any divorce decree which may be entered with
respect to them, but shall not be merged therewith.
4. SEPARATION I It shall be lawful for each party at all
times hereafter to live separate and apart from the other party
as such place as he or she may from time to time choose or deem
fit. The foregoing provisions shall not be taken as an admission
on the part of either party of the lawfulness or unlawfulness of
the causes leading to their living apart.
5. INTERFERENCE I Each party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful
exi"tence, separate and apart from the other.
6. WIFE' 5 DEBTS I WIFE represents and warrants to HUSBAND
that since the separation, she has not and in the future she will
not contract or incur any debt or liability for which HUSBAND or
his estate might be responsible and shall indemnify and save
harmless HUSBAND from any and all claims or demands made against
him by reasons of debts or obligations incurred by her.
7. HUSBAND'S DEBTS I HUSBAND represents and warrants to
WIFE that since the separation he has not and in the future he
will not contract or incur' any debt or liability for which WIFE
or her estate might be responsible and shall indemnify and save
harmless WIFE from any and all claims or demands made against her
by reason of debts or obligations incurred by him.
B. MUTUAL RELEASE I Subject to the provisions of this
Agreement, each party has released and discharged, and by this
Agreement does for himself or herself and his or her heirs, legal
representatives, executors, administrators and assigns, release
and discharge the other of and from all causes of action, claims,
rights, or demands, whatsoever in law or equity, which either of
the parties ever had or now has against the other, except any or
all cause or causes of action for divorce and except any or all
causes of action from breach of any provisions of this Agreement.
9. DIVISION OF PERSONAL PROPERTVI
(a) The parties have heretofore divided their personal
property to their mutual satisfaction. Henceforth, each of the
parties shall own, have and enjoy, independently of any claim of
right of the other party, all items of personal property of every
kind, nature and description and wheresoever situated, which are
now owned or held by or which may hereafter belong to the HUSBAND
or WIFE respectfully, with full power to the HUSBAND or the WIFE
to dispose of same as fully and effectually, ill all respects and
for all purposes as if he or she were unmarried. All items of
personal property shall be divided between the parties as
provided hereinl
(b) Personal Effects I All items of personal effects
such as, but not limited tOI jewelry, luggage, sports equipment,
hobby collections and books, but not including furniture or any
property, personal or otherwise specifically disposed of pursuant
to this agreement, shall become the absolute and sole property of
that party who has had the principal use thereof or to whom the
property was given or for whom it was purchased, and each party
hereby surrenders any interest he or she may have in any such
tangible personal property of the other.
(c) Furniture and other Tangible Property I All
furni ture and other tangible personal property not disposed of
pursuant to other paragraphs of this agreement shall be the
property of the Wife.
(d) Debts I The Husband shall be responsible for all
existing joint debts and liabilities incurred by the parties
prior to their separation except as otherwise provided herein.
The Husband shall also be responsible for all existing debts and
liabilities incurred in his own name prior to the separation.
(e) The parties further agree that neither will incur any
future debts for which the other may be held liable, and if
either party incurs a debt for which the other will be liable,
that party incurring such debt will hold the other harmless from
any and all liability thereon.
(f) Wife hereby waives any interest she may have in
Husband's pension with the Harrisburg Hospital. Husband hereby
waives any interest he may have in Wife's pension with the H.B.
McClure.
(g) Income Taxesl The Husband shall claim one child,
Samantha Inman, born April 11, 1987 on his yearly income taxes
beginning with calendar year 1995. wife shall claim, Shannon
Inman, born July 17, 1981 and Tabetha Inman, born May 18, 1985 on
her yearly income taxes.
10. AFTER ACQUIRED PERSONAL PROPERTYI Each of the parties
shall hereafter own and enjoy, independently of any claims or
right of the other, all items of personal property, tangible or
intangible, hereafter acquired by him or her, with full power in
him or her to dispose of the same as fully and effectively, in
all respect and for all purposes, as though he or she were
unmarried.
11. CUSTODY I Primary physical custody of the children
shall be placed with the Wife. Husband shall have visitation as
agreed upon in the Agreement attached hereto.
12. COUNSEL FEESI Each party shall pay his or her counsel
fees and expenses.
13. INSURANCE POLICIES I The HUSBAND agrees to continue
current Life Insurance with the children as Beneficiary, and
agrees to maintain in full force and effect such life insurance
with Met Life, policy numberl 925 001 748 UL.
14. DIVORCE I The parties hereto agree to enter into a
mutual consent divorce. HUSBAND agrees to pursue the divorce and
to be the Plaintiff therein. WIFE agrees to sign the necessary
documents, including an Affidavit of Consent and further
instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement.
15. WAIVER OF CLAIMS I Except as herein otherwise provided,
each party may dispose of his or her property in any way, and
each party hereby waives and relinquishes any and all rights he
or she shall now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or. the
estate of the other as a result of the marital relationship,
including without limitation, dower, courtesy, statutory
allowance, widow's allowance, right to take in intestacy, right
to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will,
at the request of the other, execute, acknowledge and deliver
any and all instruments which may be necenary or advisable to
carry into effect this mutual waiver and relinquishment of all
such interests, rights and claims.
16. BREACH I If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach or saek such other
remedies or relief as may be available to him or her, and the
party breaching this contract shall be responsible for payment of
legal fees and costs incurred by the other in enforcing their
rights under this Agreement.
17. VOID CLAUSES I If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this agreement shall be valid
and continue in full force, effect and operation.
18. DESCRIPTIVE HEADINGS I The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the
parties.
19. INDEPENDENT SEPARATE COVENANTS I It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
20. ADDITIONAL INSTRUMENTS I Each of the parties shall from
time to time, at the request of the other, execute, acknowledge
and deliver to the other party any and all further instruments
that may be reasonable required to give full force and effect to
the provisions of this Agreement.
21. APPLICABLE LAW I This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania and more
specifically under the Divorce Code of 1980, as amended.
22. AGREEMENT BINDING ON HEIRS I This Agreement shall be
binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
23. ENTIRE AGREEMENT I This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expr.essly
set forth herein.
24. MODIFICATION AND WAIVE!! I A modification or ,waiver of
any of the provisions of this Agreement shall be effective only
if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not
be construed as a waiver of any subsequent default of the same or
similar nature.
25. WAIVER OF RIGHTS I The parties hereto have been
informed of their rights or have been advised to seek counsel to
inform them of their rights under and pursuant to the the Divorce
Code, Act of April 2, 1980, Number 1980-26, particularly the
provisions for alimony, alimony pendente lite, equitable
distribution of marital property, counsel fees or expenses. Both
. ,
STIPULATION AND AGRBBllBNT
POR CUSTODY AND PARTIAL CUSTODY
COMES NOW, DARIN L. INMAN, by and through his attorney,
Arthur T. McDermott, Esquire, and SARAH C. INMAN, pro se, and do
stipulate and agree upon the followingl
1, Dar in L. Irunan and Sarah C. Irunan are the natural
parents of three minor children, Shannon Irunan, born July 17,
1981, Tabetha lrunan, born May 18, 1985, and Samantha lrunan, born
April 11, 1987.
2. Primary custody of the minor children, shall be placed
in the mother, Sarah C. Irunan.
3. The parties shall have shared legal custody of the minor
children.
4. The father, Darin L. Irunan, shall have certain rights of
partial custody of the minor children.
Father shall have the
children at least one weekend every month beginning October 14,
1994, and shall have the minor children on at least one weekend
per month thereafter for the same days and hours. The custodial
weekend shall be arranged between the parties, and visitation
will not be unreasonably withheld.
5. Mother shall have custody of the minor children on
Mother's Day. Father shall have custody of the minor children on
Father's Day from 12100 noon until 8100 p.m.
6. Father shall have partial custody of the minor children
on alternating holidays beginning with Thanksgiving Day, 1994,
" .
from 8100 p.m. the eveninq prior to the holiday until 8100 p.m.
on the holiday. The holidays sha 11 be New Year's Day, Easter,
Memorial Day, July 4th, Labor Day, and Thanksqivinq.
7. Father shall have telephonic access to the children at
8100 p.m. each Monday he does not have partial custody. The
mother shall be responsible for placing this call and will ensure
that the children are at home at this time.
8. Father shall have partial custody of the minor children
on each birthday from 12100 noon until 8.00 p.m. on each birthday
commencing 1994.
9. Father shall have partial custody of the minor children
on Christmas Day each and every year from 12100 noon until 8100
p.m.
10.
Father shall have partial custody of the minor children
times as may be mutually agreed upon between the
at other
parties.
11. Mother shall not unreasonably withhold rights of
visitation or temporary custody.
12. Father shall be responsible for transportation
arranqements to and from partial custody unless otherwise
mutually agreed upon by mother and father.
13. Father shall have partial custody of the minor children
for a period of not less than two (2) weeks per year as mutually
agreed to by mother and father.
14. The parties agree and anticipate that this Aqreement
for Custody and Visitation may be entered as an Order of Court in
the Court of Common Pleas of Cumberland County, Pennsylvll.nia;
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DAREN L. INMAN, I IN THE COURT OF COMMON PLEM OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
VB. I CIVIL ACTION - LAW
I NO"!'I 'ITn CIVIL 1994
SARAH C. INMAN, I
Defendant I IN DIVORCE
NOTICB TO DBFBND AND CLAIM RIGHTS
YOU HAVE BBBN SUBD IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff. Vou may lose money or property or other
rights important to you, including custody or visitation of your
children.
when the grounds for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counselling.
A list of marriage counselors is available in the Prothonotary's
Office at the Cumberland County Courthouse, Carlisle,
Pennsylvania.
IP YOU DO NOT FILB A CLAIM POR ALIMONY, DIVISION OP
PROPBRTY, LAWYER'S FBBS OR BXPBNSBS, BBPORE A DIVORCB OR
ANNULMBNT IS GRANTED, YOU KAY LOSB THE RIGHT TO CLAIM ANY OP
THBK.
YOU SHOULD TAKE THIS PAPBR TO YOUR LAWYER AT ONCB. IP YOU
DO NOT HAVE A LAWYER OR CANNOT AFPORD ONE, GO TO OR TBLEPHONE THE
OPPICB SBT FORTH BBLOW TO PIND OUT WlIERB YOU CAN GBT LBGAL HELP.
Court Administrator, 4th Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
Arthur T. McDermott, Esq.
ARTHUR T. MCDERMOTT & ASSOCIATES
Fifty East High Street
Carlisle, PA 17013
(717) 243-7807
DAREN L. INMAN, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I NO., I CIVIL 1994
SARAH C. INMAN, I I' '))'}''/
Defendant I IN DIVORCE
COIIPLAIN'l' IN DIVORCE
COKES NOW, Plaintiff DARBN L. INJIAN, through his attorney,
Arthur T. McDermott, Esquire and avers as follows I
COUN'l' I - DIVORCE
1. Plaintiff is Daren L. Inman, who currently resides at
23 Big Spring Terrace, Newville, Pennsylvania.
2. Defendant is Sarah C. Inman, who currently resides at
3790 St. Rt. 668, Logan, OH 43138.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. The plaintiff and defendant were married on September
6, 1980 in Athens, Ohio.
5. There has been no prior actions of divorce filed in
this matter.
6. The marriage is irretrievably broken, and the parties
are proceeding under Section 3301(c) of the Divorce Code.
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DARBN L. INMAN, I IN THB COURT or COMMON PLBAS or
Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA
I
VI. I CIVIL ACTION - LAW
I NO. 94-5277
SARAH C. INMAN, I
Defendant I IN DIVORCE
1.
AFPlDAVIT or COHSBN'l'
A Complaint in divorce under Section 330l(c)
of the
Divorce Code wal filed on September 15, 1994.
2. The marriage of plaintiff and defendant il irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expensel if I do not claim
them before a divorce is granted.
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. section 4904 relating to
unsworn falsification to
Date I 7/i'?/'15"
authorJZ~~
DAREN L. I MAN
~ Sworn to and
uu., , 1995.
subscribed before me
this
If!'" day ,of
~~ ';;:k
Notary P c
NOTARiAl SEAL
SHEUY D. SElO ON. NOTARY PUBLIC
CARLISLE BORO, CUMBERlAND COUNTY
MY COMMISSION EXPIRES APRIL 28, 1999
Mlmb.,. PlnnlylVlnl1 Anoellllon of NolIIl..
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DAREN L. INMAN, I IN THE COURT OP COKKON PLEAS OP
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
I NO. 94-5277
SARAH C. INMAN, I
Defendant I IN DIVORCE
WAIVER OP COUNSELLING
DARBN L. INMAN, being duly sworn according to law, deposes
and saYBl
1. I have been advised of the availability of marriage
counselling and understand that I may request that the Court
require that my epouee and I participate in counselling.
2. I underetand that t,he court maintains It 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 spouee and I participate in counselling prior to
a divorce decree being handed down by the Court.
I underst.and that false statements herein are made subject
to the penalties of 18 Pa. C.S. eection 4904 relating to unsworn
falsification to authorities.
'1'",~
Sworn to and
1995.
fl~/
OAREN L. INMAN
subscribed before me this ...Ll!...... day of
~~ puW?
NOTARIAL SEAL
SHEUYD, SEXTON, NOTARY PUBLIC
CARLISLE BORO, CUMBERLAND COUNTY
MYCOMMISSION EXPIRES APRIL 28, 1999
Mlmb.r, f'tnnlylvtnll Alloellllon 01 NOll"..
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I verlfV that the statements made In this Affidavit are true and oorreot. I
understand that false statements herein are made subject to the penalties of 1 B Pa.
e.B.A. Section 4904, reletlng to unsworn falsification to authorities.
Date I f; -,a~ ~qS
, d u;j ) (' , '- '--..,
'5arah C. Inman, Defendant
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II 23, ~,~ '95
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DARBN L. INMAN, , IN THB COURT OF COMMON PLBAS OP
Plaintiff , CUMBBRLAND COUNTY, PBNNSYLVANIA
,
VB. , CIVIL ACTION - LAW
, NO. S'.;J,'/l CIVIL 1994
SARAH C. INMAN, ,
Defendant , IN DIVORCE
AFPIDAVIT OP SIRVICB BY MAIL
PURSUANT TO Pa. R.C.1P. 1920.4(a)(1)(11)
COMMONWEALTH OF PENNSYLVANIA I
I 55
COUNTY OF CUMBERLAND I
Arthur T. McDermott, Esquire, being duly sworn according to
law, deposes and says that he is the attorney for plaintiff,
DARBN L. INMAN, and that he did serve a true and correct copy of
Plaint1ff's Complaint in Divorce and Notice filed in the above
matter, by mail certified, restricted delivery, return receipt
requested, to the Defendant, SARAH C. INMAN, on October 14, 1994.
The receipt form ill attached hereto as Exhib1t "A".
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Arthur T. McDermott, Esquire
Sworn to and subscribed before me thill ..2t'day of October,
1994.
9, CC" . I'M/II--
N~ ary ublic
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. ARiA!. SE
SHELLY SEXTON, NOTARY PUBLIC
CARLISLE BORO, CUMBERLAND COUNTY
MY COMIIISSION EXPIRES OCT. 31, 1994
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