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Home My WebLink About01-03819 Plaintiff JU~22~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Cl -J119 CIVIL TERM TERESA A. CLAWSER, v. CIVIL ACTION - LAW ERNEST A. CLAWSER, III., IN CUSTODY Defendant ORDER AND NOW, this '2<"::y of ~ ~, 2001, the attached Custody Agreement is hereby made into an Order of Court. ~J. .~ ~<<:6'O\ l/ \.;').: H ,- . ~ ,d__' ~ ~ --"~'",-- ,. ",' '~",,~". ,.~. '.' "".<< ,-."~~ ii' "' '~'" -,. Wi-.o~~"'>' 'i!iir'1ii"'"'' ,.-t~Jl~t1"'f, -"',1 "]'-- ~~lC""lt '1~r:-' - :J n -1l!8'(jtlt't't"il"~'"' ,Pif! .'\,~ ,.::/...... " "')>'FI' ~,i':' y Cr' uM.: p';~r:":./J' ;;-\ ,. CI'\/t"~}l'l..J I ,'nU' . 'T '\,~, II - '-' 'I V ..... 1I;>lAI l't l'iIVI~ /-il! o. ,... ..J~ ,.~ I '''''J . , .~^ .,- r<1~~~~~W~f.!,'if<"J'lI{\1'<"~"""iI"K1';j'C"~11:!:',"W_'~~WI"J';;mt!~~lfW.r~~~~~1~ ~< " H _ ,', ~, ,~ s,,' "~C"", .' -.J:I.tit:~.1:r, ""." " , ' ., Johnson, Dnffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff TERESA A. CLAWSER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM v. CIVIL ACTION - LAW ERNEST A. CLAWSER, III., IN CUSTODY Defendant CUSTODY AGREEMENT 1. MOTHER is Teresa A. Clawser, who is presently residing at 1341 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. MOTHER will be relocating to the Hershey area in the immediate future. 2. FATHER is Ernest A. Clawser, III., who is presently residing at 79 Deer Lane, Carlisle, Cumberland County, Pennsylvania. 3. MOTHER and FATHER are the natural parents of three (3) minor children, Alecia Clawser, age 11, whose date of birth is February 13, 1990; Megan Clawser, age 7, whose date of birth is August 31, 1993; and Ernest Clawser, IV., age 3, whose date of birth is August 6, 1997. 4. On January 2, 2001, MOTHER and FATHER entered into a comprehensive Property Settlement Agreement, containing a paragraph regarding custody. The relevant portions of this Agreement are attached hereto and marked as "Exhibit A". -.- . ." ~, ' ~ ,,~, H.>,'"., ".-' . '" ,,~ .t",!! .#, 5. The above-referenced Agreement provides that the parties shall share physical and legal custody of their children. 6. The parties intend that this Custody Agreement shall supplement the custody provisions in their comprehensive Property Settlement Agreement dated January 2, 2001. 7. The parties shall continue to share legal custody of their children. Legal custody shall be defined as an arrangement whereby both MOTHER and FATHER are required to consult with one another regarding any major decision in their children's lives, including but not limited to medical decisions, educational decisions, religious decisions, and extracurricular activity decisions. 8. MOTHER and FATHER shall continue to share physical custody of their minor children pursuant to the following schedule: A. School Year - The parties shall share custody pursuant to a two-week alternating schedule. During the school year, MOTHER'S periods of custody shall be as follows: Week 1 - Tuesday, Friday, Saturday and Sunday. Week 2 - Tuesday and Thursday. All above dates shall include overnights. The Tuesday and Friday periods of custody shall commence when school finishes for the day. The party having custody of the children on the school night shall transport the children to school the following morning. FATHER shall exercise his periods of custody at ail other times. B. Summertime - During the summertime, it is contemplated that the above schedule shall reverse and FATHER'S periods of custody shall be as follows: Week 1 - Monday, Friday, Saturday and Sunday. Week 2 - Monday and Friday. MOTHER shall have the children at all other times. Ii _H .'., '" """'''''<, ",", ~ -' ~'"""'" +..<): ~ "'ll; 9. The parties acknowledge the importance of maintaining consistency in children's lives, and for that reason agree that the children will remain in school in the Cumberland Valley School District, which is the district in which FATHER resides. 10. The parties shall cooperate with each other with respect to dividing holiday time as per their mutual Agreement. 11. The parties intended this Custody Agreement shall be made into an Order of Court. Lu~(,)1 Date ~1 OW n UnrJ.IlJ1,~D fl.d Teresa A. Underkoffler &/7/01 Date qrd~ Ernest A. Clawser, III. :146109 ';j EXHIBIT "A 11 "~ - , -....;M<~,'"I , . SECTION I INTRODUCTION 2eol THIS AGREEMENT made this itnol day of :Ylr\l j{U,U . ZOOO;' by and between TERESA ANN CLA WSER ("Wife") and ERNES~, ("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 married 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 ____.__tb1r-al-li:ves,.-and-thep&:ties-her-et-G-are-desir-Gu~g.f_s@ttling-:fuIl~aUy_their-f@Spootive-finatlGia1------- 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: ~J SECTION ill CHILD CUSTODY, CHILD SUPPORT AND EXPENSES, HEALTH INSURANCE PROVISIONS AND INCOME TAX DEDUCTIONS 1. LEGAL CUSTODY The parties agreethatlegal custody of their children, Alecia Clawser, born February 13, 1990, Megan Clawser, born August 31, 1993, and Ernest A. Clawser, IV, born August 6, 1997, shall be shared equally between them to assure neither parent shall 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 of their 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. 10 "_ ,. '~_m~_ , "J ,,_' ~~~,;I , , , ,. '. (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 Wile 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 parnes 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. :t ~Jt4~~.k WI . SS ERNEST A. CLAWSER, nr / z.//.3'1 00 DATE 15 '~~.Jiif;i!i~':;M'tagi!i:i~k~t~~~'h.li,)h';'~~,!"'" <,~, ",;-'M" ""'0,' ,',\\i~"~,iti:!,';lli.~mlllt~M..I&ii!:m-!Ol~~~llilrli~!J_I!i-\<*,,,~'"--',",,-I~ !:J ~ "!1.~"...LlmfJU~ _ _ "-,"= - ~ ._"~~ . - ~~~~"- , ^ ".~ . ~ 8 , () ~ J- d IU <;;! ~ ~ t R It- -' 'II!;P;J~ o S < ~;f;,: ze- ~,,;,~-- ~;~: >:g :z: ::l 00 I'~'" ";, C;:" g ~,-= ".'.; f'..,) -;:1 ;~-=-1 :n fv .' ;:~J,'n ~ ~D -< !r~