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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
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STATE OF
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TERESA ANN CLAWSER,
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No.
CTVTL TERM
00 7509
Plaintiff
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VERSUS
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F.RNF.S'I' 1\ r'T.I'WSF.R.
Defendant
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DECREE IN
DIVORCE
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AND NOW,
F-e.~"""'?>l 2. S (.po', IT IS ORDERED AND
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DECREED THAT
T"F:R'R~A :aNN ("T.llW~R'R
, PLAINTIFF,
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AND
ERNEST A. CLAWSER
, DEFENDANT,
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ARE DIVORCED F'ROM THE BONDS OF MATRIMONY.
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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; NONE.
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The provisions of the Aqreement entered into bv the parties on
January 2, 2001, shall be incorporated by reference, but shall
not be merged into this decree in divorce.
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BY THn)):O~~ 0 Pv I,
ATIE~: ~ d J.
~~~ROTHONOTARY
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AGREEMENT
BETWEEN
TERESA ANN CLA WSER
AND
ERNEST A. CLA WSER, III
Cara A. Boyanowski, Esquire
Counsel for Wife
Ernest A. Clawser, ill
Husband, Pro Se
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TABLE OF CONTENTS
SECTION I:
Introduction
SECTION II:
General Provisions
SECTION III:
Child Custody, Child Support and Expenses, Health Insurance
Provisions and Income Tax Deductions
SECTION IV:
Alimony and Alimony Pendente Lite
Provisions
SECTION V:
Property Distribution Provisions
SECTION VI:
Closing Provisions and Execution
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SECTION I
INTRODUCTION
2001
THIS AGREEMENT made this ~ f'cl day of Jnf)U~ ~, by and
between TERESA ANN CLA WSER ("Wife") and ERNEST A. CLAWS m, ("Husband").
WITNESSETH:
WHEREAS, Teresa Ann Clawser, Social Security Number 179-62-2574, was born on June
1, 1971, and currently resides at 1341 Old Willow Mill Road, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
WHEREAS, Ernest A Clawser, ill, Social Security Number 159-62-4038, was born on
February 22, 1966, and currently resides at 79 Deer Lane, Carlisle, Cumberland County, Pennsylvania
17013.
WHEREAS, the parties hereto are Husband and Wife, having been mamed on June 17, 1989,
in Enola, Cumberland County, Pennsylvania.
WHEREAS, the parties are the parents of three minor children, namely, Alecia Clawser, born
February 13, 1990, Megan Clawser, born August 31, 1993, and Ernest A. Clawser, IV, born August
6, 1997.
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 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 equitable
distribution of such property; the settling of all matters between them relating to the past, present and
future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the
settling of any and all claims and possible claims by one against the other or against their respective
estates.
NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other
good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree
as follows:
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SECTION II
GENERAL PROVISIONS
1. MUTUAL CONSENT DIVORCE
The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of
Section 3301 ( c) of the Divorce Code of1980, as amended and will execute the documents necessary
to effectuate a divorce under those provisions concurrently with the execution of this Agreement.
2. EFFECT OF DIVORCE DECREE
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 BUT NOT MERGED IN DIVORCE
DECREE
The provisions of this Agreement may be incorporated by reference but shall not be deemed
merged into any judgment or decree for divorce obtained by either party. This agreement shall
survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend
that all obligations contained herein shall retain their contractual nature in any enforcement
proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement
action filed to the divorce complaint.
4. 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 have each 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.
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5. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to Wife by
her attorney, Cara A. Boyanowski, Esquire. Husband acknowledges that he has the right to legal
counsel, but after acknowledgment of same has decided to sign this Agreement without the advice
or assistance of a lawyer. The parties acknowledge that they fully understand the facts and have been
fully informed as to their legal rights and obligations, and they acknowledge and accept that this
Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and
voluntarily, after having received such advice and with such knowledge 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
collusion or improper or illegal agreement or agreements.
6. TAX PROVISIONS
The parties believe and agree, and have been so advised by their respective attorneys, that the
division of property heretofore made by this Agreement is a non-taxable division of property between
co-owners rather than a taxable sale or exchange of such property, Each party promises not to take
any position with respect to the adjusted basis of the property assigned to him or her or with respect
to any other issue which is inconsistent with the position set forth in the preceding sentence on his
or her federal or state income tax returns,
The parties have heretofore filed joint federal and state tax returns, Both parties agree that
in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any
such tax is made against either of them, each will indemnifY and hold hann1ess the other from and
against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely
and entirely by the individual who is finally determined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns.
7. PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart, They shall
be free from any contact, restraint, interference or authority, direct or indirect, by the other in all
respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct,
carry on and engage in any business, occupation, profession or employment which to him or her may
seem advisable. Wife and Husband 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 whatsoever with him or her.
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8. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement:
A. 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 rights and obligations which either
may have or at any time hereafter have 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 under any other law of any other jurisdiction, except and only except all
rights, agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the
other not expressly set forth herein.
B. Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrations, 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 or otherwise, 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 or the other or by way of dower, curtesy, widow'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 or the United States, or any other country. It is expressly understood,
however, that neither the provisions of this release nor the subsequent entry of a divorce decree are
intended to defeat the right of either party to receive any insurance proceeds at the death of the other
of which she or he is the named beneficiary (whether the beneficiary designation was made prior or
subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest
or residuary portion of the other's estate under his or her will, or to act as personal representative or
executor if so named by the will of the other, whether such will was executed prior or subsequent to
this Agreement.
C. Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as are
expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or demands
whatsoever, in law or in equity, which either party ever had or now has against the other.
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9. FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each other's
income, assets, liabilities, holdings and estate. Each of the parties acknowledge that he or she is
aware of his or her right to seek discovery including, but not limited to, written interrogatories,
motions for production of documents, depositions and all other means of discovery permitted under
the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is
necessary for the execution of this Agreement.
10. PRESERVATION OF RECORDS
Each party will keep and preserve for a period offour (4) years from the date of their divorce
decree 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 audits.
11. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature,
12. REMEDIES IN THE EVENT OF A BREACH
Any party breaching this Agreement shall be liable to the other party for all costs, including
reasonable counsel fees incurred by the non-breaching party to enforce hi~ or her rights under the
provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of
whether litigation is instituted. In the event of default of any of the provisio!1s of this Agreement by
one of the parties, the remedies available to the other are cumulative and include all remedies at law
and in equity, including those for breach of contract, under theories or equity, under the Domestic
Relations Code as amended, including Section 3105 of the Domestic Relatioas Code (which includes
contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies
specifically referred to in this Agreement.
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13. LAW OF PENNSYL VANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
14. AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs, executors, administrators, successors, and
assigns.
15. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and all
prior agreements and negotiations between them. There are no representations or warranties other
than those expressly set forth herein.
16. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most
after demand thereof) execute any and all written instruments, assignments, releases, satisfactions,
deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of
this Agreement.
17. NOWAIVEROFDEFAULT
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance
of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to
enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver
of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any
provision hereof be construed as a waiver of strict performance of any other obligations herein.
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18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be deemed
to be a separate and independent covenant and agreement. 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, Likewise, the
failure of any party to meet her or his obligations under anyone or more of the paragraphs herein,
with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the
remaining obligations of the parties.
19. MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return
receipt requested, to Teresa Ann Clawser, 1341 Old Willow Mill Road, Mechanicsburg, Pennsylvania
17050, or counsel for Teresa Ann Clawser, or such other address as Wife from time to time may
designate in writing.
Any notice required by this Agreement to be sent to Husband shall be sent by certified mail,
return receipt requested, to Ernest A. Clawser, Ill, 79 Deer Lane, Carlisle, Pennsylvania 17013, or
counsel for Ernest A. Clawser, Ill, or such other address as Husband from time to time may designate
in writing.
20. 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 ofthis Agreement nor shall
they affect its meaning, construction or effect.
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SECTION m
CHILD CUSTODY, CHILD SUPPORT AND EXPENSES,
HEALTH INSURANCE PROVISIONS AND INCOME TAX DEDUCTIONS
1. LEGAL CUSTODY
The parties agree that legal custody oftheir children, Alecia Clawser, born February 13, 1990,
Megan Clawser, born August 31, 1993, and Ernest A. Clawser, N, born August 6, 1997, shall be
shared equally between them to assure neither parent shaI1 be foreclosed in participating in all
decisions affecting the maintenance, support, education, health, safety and welfare of the children
during their minority,
2. PHYSICAL CUSTODY
The parties agree that physical custody oftheir minor children shall be shared equally between
them, with the specific details of same to be worked out at the discretion and agreement of the
parties.
The parties further agree to equally share all major and minor holidays, summer vacation
months, and birthdays. The specifics of these schedules shall also be at the discretion of the parties.
In the event the parties are unable to agree to a shared physical custody arrangement, each
party reserves the right to petition the court for assistance in this matter.
3. CHILD SUPPORT AND EXPENSES
The parties acknowledge that the Pa.R.C.P. provide guidelines for the payment of child
support, however, the parties have agreed to an arrangement for child support independent of these
guidelines, as set forth in Section V, Paragraph 7, of this Agreement. The parties acknowledge that
the provisions for child support under the Pa.R.C.P. may be very different than the arrangements
made herein and that the payments provided for in the Agreement are purely contractual in nature.
In the event that Husband or Wife were to bring an action to seek child support through the Court
of Common Pleas Domestic Relations Office, any payments due under this Agreement shall be
deemed null and void and shall not be considered by the Domestic Relations Office as any basis for
the determination of support.
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Based upon these circumstances, neither party shall pay to the other child support, except,
each party agrees to be responsible for one-half of any daycareJbabysitting expenses for the children,
clothing expenses, lunch monies, extra-curricular activity expenses, school project expenses,
yearbooks, etc.
The parties agree that they shall cooperate in providing health insurance for the children in
the most advantageous manner possible. At the present time, Wife is providing health insurance for
the children. The parties agree to cooperate to apply for and obtain coverage in the most cost
effective manner possible so as to reduce out of pocket expenses. All out of pocket expenses shall
be split equally between the parties.
4. INCOME TAX DEDUCTIONS (DEPENDENTS)
The parties agree that Wife shall be entitled to claim the parties' son, Ernest A. Clawser, IV,
as a dependent on all of her present and future income tax returns and Husband shall be entitled to
claim the parties' two daughters, Alecia Clawser and Megan Clawser, as dependents on all of his
present and future income tax returns.
SECTION N
ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS
1. ALIMONY
The parties acknowledge and agree that the provisions of this Agreement providing for
equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted
by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either
may now or hereafter have against the other for support, maintenance, alimony pendente lite or
alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to
seek from the other payment for support, maintenance, alimony pendente lite or alimony.
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SECTION V
PROPERTY DISTRIBUTION PROVISIONS
1. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their tangible
personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs,
carpets, household equipment and appliances, pictures, books, works of art and other personal
property. Wife agrees that all of the property in the possession of Husband shall be the sole and
separate property of Husband; and Husband agrees that all of the property in the possession of Wife
shall be the sole and separate property ofWtfe. The parties do hereby specifically waive, release,
renounce and forever, abandon any claims which either may have with respect to the above items,
which shall thereafter be the sole and exclusive property of the other.
2. RETIREMENT BENEFITS
The parties agree that Wife shall retain sole ownership and possession of all of her retirement
benefits and plans, including her pension plan and profit sharing plan with Jones, Daley & Coldren
Associates, and Husband specifically releases and waives any and all interest, claim or right that he
may have to these assets.
The parties further agree that Husband shall retain sole ownership and possession of all of his
retirement benefits and plans, including his Oppenheimer Funds account, and Wife specifically
releases and waives any and all interest, claim or right that she may have to these assets.
3. BANK ACCOUNTS
Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that
these accounts shall be the sole and separate property of the person in whose name they are titled and
each party waives any right, title or interest they may have in the other parties' account.
4. AUTOMOBILES
The parties are the owners of various automobiles including a 1996 Chevrolet Pick-Up Truck,
1999 Pontiac Grand Am, and a Four-Wheeler. Husband and Wife agree that the 1996 Chevrolet
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Pick-Up Truck and the Four-Wheeler shall be the sole and separate property of Husband, and Wife
waives any right, title or interest she may have in these vehicles. Husband and Wife agree that the
1999 Pontiac Grand Am shall be the sole and separate property of Wife, and Husband waives any
right, title or interest he may have in this vehicle. Each party shall be responsible for any loans on his
or her vehicles distributed under this Agreement.
Wife agrees that she will exercise all reasonable diligence to refinance, into her sole name, the
joint Mellon Bank car loan (account number 027510 I 40 I 8679), secured by the 1999 Pontiac Grand
Am automobile.
5. LlFE INSURANCE
Husband and Wife are the owners of various life insurance policies. Husband and Wife agree
that these policies, and their cash values, shall be the sole and separate property of the person in
whose name they are titled and each party waives any right, title or interest they may have in the other
parties' policy. Each party shall be responsible for any premiums due upon his or her policy under
this Agreement.
6. CURRENT LIABILITIES
Husband agrees to be solely responsible for satisfYing all payments on the parties' joint US
Bank Visa credit card debt, account number 4719230801 137206. Upon the satisfaction of this debt,
Wife's name shall be removed from this account. By accepting sole responsibility of this debt,
Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators
indemnified and held hann1ess from any liability, costs or expenses, including attorney's fees, which
may be incurred in connection with the above listed liability.
Wife and Husband represent that they have taken all steps necessary to make sure that no
credit cards or similar accounts exist as of the date of execution of this Agreement which provide for
joint liability, except those provided herein. 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.
7. TRANSFER OF BUSINESS
Clawser Construction - The parties acknowledge that they are the joint owners of a family
business trading and doing business as "Clawser Construction," The parties agree that the business
name, good will, assets, inventory, and equipment will become the sole and separate property of
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Husband, upon the execution date of this Agreement. Upon the date of transfer, Wife waives any
right, title or interest she may have in the parties' business. Husband agrees to indemnify and hold
Wife harmless from any and all debts or obligations which have accrued or may accrue against
"Clawser Construction."
8. WAIVER OF PAYMENT OF LEGAL FEES
Each party hereby agrees to be responsible for any legal fees incurred on their behalf
9. AFTER-ACOUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the
other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired
by him or her after execution of this Agreement, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes, as through he or she were unmarried.
10. REAL ESTATE
A. Marital Residence - The parties acknowledge that they are the owners of certain real
property known as 1341 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania
17050 (hereinafter referred to as "Marital Residence"), which is subject to a mortgage. The parties
agree as follows with respect to the Marital Residence:
(1) Husband agrees that he will exercise all reasonable diligence to
refinance, into his sole name, the Advanta Mortgage (account number 31414780) on
the marital residence.
(2) Simultaneous with the refinancing of the marital residence, Wife shall
execute all documents necessary, including a deed, to transfer all of her right, title and
interest in the Marital Residence to Husband. Thereafter, Husband shall be the sole
and separate owner of the Marital Residence.
(3) Wife agrees that as of the date of execution of this Agreement, any
and all title policies and any other policy of insurance with respect to the Marital
Residence shall be endorsed to reflect Husband as sole owner thereof and further
agrees that Husband shall be entitled to receive any payments now or hereafter due
under any such insurance policies,
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(4) Except as otherwise provided herein, commencing on the execution
date of this Agreement, Husband shall be solely responsible for all costs, expenses and
liabilities associated with or attributable to the Marital Residence regardless of when
the same shall have been incurred including, but not limited to, mortgage, taxes,
insurance premiums and maintenance and Husband shall keep Wife and her property,
successors, assigns, heirs, executors and administrators indemnified and held harmless
from any liability, costs or expense, including attorney's fees, which may be incurred
in connection with such liabilities and expenses or resulting from Wife's ownership
interest in said property.
SECTION VI
CLOSING PROVISIONS AND EXECUTION
Each of the parties has carefully read and fully considered this Agreement and all of the
statements, terms, conditions, and provisions thereof prior to signing below,
IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have
set their hands and seals on the date indicated below.
DA
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WI SS ERNEST A. CLAWSER, III
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TERESA ANN CLAWSER.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION . LAW
v.
: NO. 00-7509 CIVIL
ERNEST A. CLA WSER,
Defendant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code,
2. Date and manner of service of the complaint: A copy of the Divorce Complaint was
served upon Defendant by first class mail, certified, restricted delivery, from
Harrisburg, Pennsylvania on November 7, 2000, A copy of Defendant's signed
Acceptance of Service is attached hereto as Exhibit "A."
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required by ~3301(c) of
the Divorce Code: by Plaintiff: February 8, 2001; by Defendant: February
6,2001.
(b)(1 ) Date of execution of the affidavit required by ~3 3 0 1 (d) ofthe Divorce
Code: Nt A; (2) Date of filing and service of the Plaintifi's Affidavit upon the
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respondent: N/ A.
4, Related claims pending: None.
5. (Complete either (a) or (b).)
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record; a copy of which is attached: N/ A.
(b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: February 12, 2001.
Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with
the Prothonotary: February 12, 2001.
Respectfully submitted,
DALEY LAW OFFICES
ara A. Boyanowski, E
Supreme Court I.D. No.
1029 Scenery Drive
Harrisburg, P A 171 09
(717) 657-4795
Attorney for Plaintiff
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TERESA ANN CLAWSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
.
: NO. aJ - 7S-D9 ta;J
ERNEST A. CLAWSER,
Defendant
: IN DIVORCE
,
NOTICE TO DEFEND AND tLAIM RIGHTS
I
I
I
YOU HA VB BEEN SUED IN COURT. IfYOU~iSh to defend agab"lst the claims set f'Orth
in the following pages, you must take prompt action. Y u are warned that if you fail to do so, the
case may proceed without you and a decree of divorce 0 annulment may be entered against you by
the Court. A judgment may also be entered against YOl for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or roperty or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or~' i etrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage unselors is available in the office of the
Prothonotary, Cumberland County Courthouse, High d Hanover Streets, Carlisle, Pennsylvania
17013. i
,
I
IF YOU DO NOT FILE A CLAIM FOR AtIMONY, DMSION OF PROPERTY,
LA WY:ER'S FEES, OR EXPENSES BEFORE A DIVq&.CE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF fHEM.
i
YOU SHOULD TAKE TIllS PAPER TO YOURjLA WYERAT ONCE. IF YOU DO NOT
HA VB A LAWYER OR CANNOT AFFORD ONE, <>.<? ~O OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN pET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado
y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion
do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 81 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A
EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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TERESA ANN CLA WSER,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Il.'.(~
NO. N:>- 760'1 L...<.v<.-f
ERNEST A. CLA WSER,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above Plaintiff, Teresa Ann Clawser, by her attorney, Cara A.
Boyanowski, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon
the grounds hereinafter set forth:
1. The Plaintiff, Teresa Ann Clawser, is an adult individual who resides at 1341 Old
Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050.
2, The Defendant, Ernest A Clawser, III, is an adult individual who resides at 79 Deer
Lane, Carlisle, Cumberland County, Pennsylvania 17013.
3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the
Commonwealth ofpennsylvania for a period of more than six months immediately preceding the filing
of this Complaint.
4, The Plaintiff and Defendant were married on June 17, 1989, in Enola, Cumberland
County, Pennsylvania,
5. Neither Plaintiff nor Defendant is in the military or naval service of the United States
or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940
, , . $
, '
and its Amendments.
6. The causes ill action and sections of Divorce Code under which Plaintiffis proceeding
ar.e:
A. Section 3301(c). The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a divorce, Plaintiff believes that
Defendant may also :file such an Affidavit.
B. Section 3301(d). The marriage of the parties is irretrievably broken.
The Plaintiff and Defendant separated on May 22, 2000.
7. There have been no prior actions in divorce between the parties.
8. Plaintiff avers that there are three children of the parties under the age of 18, namely:
A. Alecia Clawser, born February 13, 1990;
B. Megan Clawser, born August 31,1993; and
C. Ernest Clawser, IV, born August 6, 1997.
9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have
the right to request the parties to participate in counseling.
10. The parties may enter into a written agreement with regard to support, custody,
visitation of children, alimony and property division. In the event that such an agreement is executed
by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce,
divorcing Plaintiff and Defendant.
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I verifY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A ~4904 relating to unsworn
falsification to authorities.
.....,
()J1ijOO
By:
Date:
10//8/06
I
B'
ara A Boyanowski,
Attorney No. 68736
1029 Scenery Drive
Harrisburg, P A 171 09
(717) 657-4795
Attorney for Plaintiff
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TERESA ANN CLA WSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 00-7509 CIVIL
ERNEST A. CLA WSER,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE
Cara A. Boyanowski, Esquire, being duly sworn according to law, deposes and says that she
is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on
the 7th day of November, 2000, she did serve upon Ernest A. Clawser, the Defendant in the
foregoing case, a true and correct copy of the Complaint in Divorce by sending same to him, by
certified mail, restricted delivery, to Ernest A. Clawser, III, 79 Deer Lane, Carlisle, Pennsylvania
17013. The receipt for said Complaint is attached.
Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer
or the matter would proceed without him.
sw~to
~day of
s bscribed before me this
2001
By:
ara A. Boyanowski, E quire
Attorney No. 68736
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
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.: . Complete items 1, 2, and 3. Also complete
'-, item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we carr return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
N v-. EVIlCS+ p,.. c.,\a~l
. :J"q De.e.-v Lone...- _~-
Car\(-s\e., \=lA qO\~
D,
3. Service Type
~ertified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o 0,0.0,
4~ Restricted Delivery? (Extra Fee)
~es
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... .... ....
Do.mes~i~ Return Receipt
1Q259S.99-M-17S9
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TERESA ANN CLAWSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
:
: NO. 00-7509 CIVIL
ERNEST A. CLA WSER,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on October
24, 2000.
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 veritY that the statements made in tbis Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities.
Date: ~-B-OI
By: '~fun..l!jIl.H Nh J
Te esa Ann Clawser, Plamtiff
Social Security No. 179-62-2574
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TERESA ANN CLA WSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 00-7509 CIVIL
ERNEST A. CLA WSER,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 63301(0 OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted,
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities.
Date: ~~8-ol
By: Jo 1 D z.y,l 0 I'l.fl/!..h I J Jf'JQ.o
Tere Ann Clawser, Plaintiff
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TERESA ANN CLA WSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 00-7509 CIVIL
ERNEST A. CLA WSER,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on October
24, 2000,
2. The mll!Tiage 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 veritY 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.A. ~4904 relating to unsworn
falsification to authorities.
Date: pIZ",~/ t hool
, !'
By:Gr:J6:~~'
Ernest A. Clawser, Defendant
Social Security No. 159-62-4038
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TERESA ANN CLA WSER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLV ANlA
: CIVIL ACTION - LAW
v.
: NO. 00-7509 CIVIL
ERNEST A. CLA WSER,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER S3301(C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifl do not claim them before a divorce is granted,
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verifY that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S,A. ~4904 relating to unsworn
falsification to authorities.
Date: J!I!,rv___tjr:; /2':00/
t/ /.
By:CSf'0 a~
Ernest A. Clawser, Defendant