Thomas B. Benham - Page 3

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            included a provision for conditional joint use and possession of                           
            the marital residence.  The Agreement granted Leslie Benham, upon                          
            10 days' notice to petitioner, exclusive use of the residence.                             
            The Agreement also provided for an "alimony" payment of $2,000 a                           
            month to Leslie Benham, "contingent on her death", and a payment                           
            by petitioner of $700 a month in child support, both beginning                             
            July 15, 1994.  The Agreement went on to provide, in addition,                             
            that petitioner would pay property taxes and insurance for the                             
            marital residence and that Leslie Benham would be responsible for                          
            paying the utility bills and would pay the monthly mortgage                                
            beginning with the amount due in August of 1994.                                           
                  During the interim between the filing of the divorce action                          
            in May and the signing of the Agreement in July of 1994,                                   
            petitioner and Leslie Benham discussed attempting to reconcile                             
            their marriage.  As an aid to their reconciliation efforts,                                
            petitioner and Leslie Benham signed an agreement on July 15,                               
            1994, in which they both waived the defense of condonation "in                             
            this action or any subsequent action" except upon future notice.                           
            The condonation agreement provided that it was not to be deemed                            
            "a termination of any separation of the parties."                                          
                  Petitioner remained in the family residence throughout 1994                          
            and most of 1995.  During that time there were several periods of                          
            reconciliation followed by estrangement.  On several occasions,                            
            Leslie Benham asked petitioner to vacate the marital residence.                            

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