HomeMy WebLinkAbout09-5808
ABOM cSZ'
&UTLiLAKIS
Kara W. Haggerty, Esquire
Attomev I.D. #: 86914
2 West High Street
Carlisle, PA 17013
(717) 249-0900
JULIE CLOUSER,
Plaintiff
V.
TAMES CLOUSER, JR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 0q- 5808 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED 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. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania
17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR. ASSOCIATION
32 SOUTH BEDFORD
CARLISLE, PA 17013
(717) 249-3166 OR (800)990-9108
ABOM CSZ'
&uTUr_nxis
Kara W. Haggerty, Esquire
Attorney I.D. #: 86914
2 West High Street
Carlisle, PA 17013
(717) 249-0900
JULIE CLOUSER,
Plaintiff
V.
JAMES CLOUSER, JR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. Oq - 5 SOb CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this day of 2009, I, James S. Clouser, Jr., Defendant,
hereby certify that I did receive and accept service of the Complaint in Divorce in the above
captioned matter.
t6 I
DATE 1 11,5
a
FILED--? CE PY
()F TF"?, , i. ,fr1
C? 2009 SEA' 23 I ? 0
i
w, _
TA10M CSC'
u ULAKIS
a
Kara W. Haggerty, Esquire
Attorney I.D. #: 86914
2 West High Street
Carlisle, Pry 17013
(717) 249-0900
JULIE CLOUSER,
Plaintiff
V.
JAMES CLOUSER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09- 5?6 S' CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
1. Plaintiff is Julie Clouser, who currently resides at 100 South High Street, Apt. 3,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant is James Clouser, Jr., who currently resides at 625 Range End Road,
Dillsburg, Pennsylvania 17019.
3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth
for at least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 16, 1998, at Lemoyne,
Cumberland County, Pennsylvania.
COUNT I - DIVORCE
5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by
reference as though set forth in full.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(c) and
3301(d), in that:
a. The marriage is irretrievably broken.
b. Plaintiff and Defendant have lived separate and apart since May 2001 and
continue to do so.
Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request that the court require the parties to participate in such counseling.
9. The Plaintiff in this action is not a member of the Armed forces.
WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce.
Respectfully submitted,
DATE 2 UC _
ABOM & KUTULAKIS, L.L.P.
t
Kara W. Haggerty, Eq ' e
Attorney ID No. 86
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
6 . -
VERIFICATION
I, JULIE CLOUSER, verify that the statements made in this Divorce Complaint
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.
§ 4904 relating to unsworn falsification to authorities.
Date OE) 120 k_ ptal?
- JR& 4
JU E CLOUSER
i
SEC, 11
"'E
OF TH5 csr. ?7 ).
TAg`/
?
2009 AUG 24 AM 10- 2 4
tJVi?: - r
ON f I 7
r J
Pa at?y I ? u?ui0.K?
*33a. so po ATN
CO f'Ta I
?Ljj
S
e zz9Lya
JULIE CLOUSER,
Plaintiff
V.
JAMES CLOUSER, JR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-5808 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff in the above matter, Julie Anne Clouser, pursuant to
the divorce action filed at the above term and number, hereby elects to resume the prior surname of
Follmer, thereby changing her legal name to JULIE ANNE FOLLMER, and gives this written
notice avowing her intention pursuant to the provisions of 54 P. S. 704.
Date: 7. 7-00 q
Ai N"4-A`
'e Clouser
jkb?- a. jw*"t'?
JULIE ANNE FOLLMER
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF C l
On the day of AA-tt5+1 , 2009, before me, a Notary Public, personally
appeared the above affiant known to me to be the person whose name is subscribed to the within
document and acknowledged that she executed the foregoing for the purpose therein contained
In Witness Whereof, I have hereunto set my hand and official seal.
Notary Public
NO#ARIAL f2At
MILAMR 0. L. am
AUAh MR CIM NftAND C0WW
COMMON IVNR
My bPk" Mar 0. 2012
OF THE P??,7 "C'
2009 AUG 31 Pf 23
CiltJi+? ;tl'??:
i
4 11.oo Po A17Y
0,01801
Oaa94q y
2 8
------------------------
?a
Joe"
YtW*:) 0*Al
b ?s ??? ?• t*Wfom:) vo
JULIE CLOUSER,
Plaintiff
v.
JAMES CLOUSER, JR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-5808 CIVIL TERM ~`-T`
..~~ D
CIVIL ACTION -LAW ~,
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT ``~
r.~
_~_
f..S
rv
uD
c,°~
',~
.,,_ S
Cµrt- -~
~_
~:s ~
c:: ;
,_-, ~.r
~~~
..~,
THIS MARITAL SETTLEMENT AGREEMENT, (the "Agreement") made this 1st
day of January, 2010 between JULIE (FOLLMER) CLOUSER, (hereinafter referred to as
"Wife"), and JAMES CLOUSER, JR., (hereinafter referred to as "Husband").
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on May 16, 1998, in
Lemoyne, Pennsylvania;
WHEREAS, disputes and difficulties have arisen between the parties, and it is the
present intention of Husband and Wife to live separate and apart, and the parties hereto
are desirous of settling their respective financial and property rights and obligations as
between each other, including without limitation by specification: the settling of all matters
between them relating to the past, present, and future support and/or maintenance of Wife
by Husband or Husband by Wife; the settling of all matters between them relating to the
equitable division of martial property; and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates; and
WHEREAS, Husband and Wife declare that each has had a full and fair opportunity
to obtain independent legal advice of counsel of his or her selection; that Wife is
represented by Kara W. Haggerty, Esquire, of Abom & Kutulakis, L.L.P., and that Husband
is unrepresented in this matter. The parties represent and warrant that they have fully
disclosed to each other all assets of any nature owned by each, all debts or obligations for
1
which the other party may be liable in whole or part, and all sources and amounts of
income. The parties acknowledge that they fully understand the facts, and they
acknowledge and accept that this Agreement, is, under the circumstances, fair and
equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements.
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,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as
follows:
1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all
times hereafter to live separate and apart from the other party at such place as he or she
may from time to time choose or deem fit. The parties shall be free from any control,
restraint, interference or authority, direct or indirect, by the other in all respects as fully as if
they were unmarried, except as may be necessary to carry out the provisions of this
Agreement. 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 in any manner whatsoever with him or her. The foregoing provision
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.
2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other, for all time to come, and for all
purposes whatsoever, of and from any and all rights, titles and interests, or claims in or
against the property (including income and gains from property hereinafter accruing) of the
other or against the estate of such other, of whatever nature and wheresoever situate,
which he or she now has or at any time hereafter may have against such other, the estate
of such other or any part thereof, whether arising out of any former act, contracts, family
2
exception or similar allowance, or under the interest 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 law of Pennsylvania, any state, commonwealth or territory of the United
States, or any other country, or the right to act as personal representative of the estate of
the other; or any rights which any party may now have or any time hereafter have for past,
present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs
or expenses, whether arising as a result of the marital relation or otherwise; except all
rights and agreements and obligations of whatsoever nature arising or which may arise
under this Agreement or for breach of any provision hereof. It is the intention of Husband
and Wife to give to each other, by the execution of the Agreement, a full, complete and
general release with respect to any and all property of any kind or nature, real, personal or
mixed, which the other now owns or may hereafter acquire, except and only except all
rights and agreements and obligations of whatsoever nature arising or which may arise
under this Agreement or for the breach of any provision hereof.
It is further specifically understood and agreed by and between the parties
hereto that each accepts the provisions herein made by the other in lieu of and in full
settlement and satisfaction of any and all of their rights against the other or any past,
present and future claims on account of support and maintenance; that it is specifically
understood and agreed that the payments, transfers and other considerations herein and
discharge any and all such claims by each other against the other, and are, iter alia, in full
settlement and satisfaction and in lieu of their past, present and future claims against the
other in account of maintenance and support, and also alimony, alimony pendente lite,
counsel fees, costs and expenses, as well as any and all claims to equitable distribution of
property, both real and personal, and any other charge of any nature whatsoever
pertaining to any divorce proceedings which may have been or may be instituted in any
court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other
counsel arising in any manner whatsoever, except as may be incurred in connection with a
breach of the Agreement as set forth hereinafter.
3
3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this
Agreement, each of the parties hereto shall have the right to dispose of his or her property
by last will and testament or otherwise, and each of them agrees that the estate of the
other, whether real, personal or mixed, shall be and belong to the person or persons who
would have become entitled thereto as if the decedent had been the last to die. Except as
set forth herein, this provision is intended to constitute a mutual waiver by the parties of
any rights to take against each other's estate whatsoever, and is intended to confer third-
party beneficiary rights upon the other heirs and beneficiaries of each. Either party may,
however, make such provision for the other as he or she may desire in and by his or her
last will and testament; and each of the parties further covenant and agree that he or she
will permit any will of the other to be probated and allowed administration; and that neither
Husband nor Wife will claim against or contest the will and estate of the other except as
necessary to enforce any breach by the decedent of any provision of this Agreement.
Each of the parties hereby releases, relinquishes and waives any and all rights to act as
personal representative of the other party's estate. Each of the parties hereto further
covenants and agrees for himself and herself and his or her heirs, executors,
administrators or assigns, for the purpose of enforcing any of the right relinquished under
this Agreement.
4. FINANCIAL DISCLOSURE. The parties waive their rights to require the
filing of financial statements by the other, although the parties have been advised by their
respective attorneys that it is their legal right to have these disclosures made prior to
entering into this Agreement. Without reliance upon financial disclosure, the parties are
forever waiving their right to request or use that as a basis to overturn this Agreement or
any part thereof.
5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to
this Agreement are transfers between Husband and Wife incident to their divorce and as
such are nontaxable, with no gain or loss recognized. The transferee's basis in the
property shall be the adjusted basis of the transferor immediately before the transfer. The
4
transfers herein are an equal division of marital property for full and adequate
consideration and as such will not result in any gift tax liability.
6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER
EMPLOYMENT-RELATED PLANS. The parties agree to waive any interest they may
have in each other's pension, profit-sharing, retirement, credit union or other employment-
related plans.
7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have
attempted to distribute their marital property in a manner which conforms to the criteria set
forth in §3502 of the Pennsylvania Divorce Code and taking into account the following
considerations: the length of marriage; the age, health, station, amount and sources of
income, vocational skills, employability, estate, liabilities and needs of each of the parties;
the contribution of each party to the education, training or increased earning power of the
other party; the opportunity of each party for further acquisitions of capital assets and
income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each party in the
acquisition, preservation, depreciation or appreciation of the marital property, including the
contribution of each spouse as a homemaker, the value of the property set apart to each
party; the standard of living of the parties established during the marriage; and the
economic circumstances of each party at the time the division of the property is to become
effective.
The division of existing marital property is not intended by the parties to constitute in
any way a sale or exchange of assets, and the division is being affected without the
introduction of outside funds or other property not constituting marital property. The
division of property under this Agreement shall be in full satisfaction of all marital rights of
the parties.
a. DISTRIBUTION OF PERSONAL PROPERTY. The parties hereto
mutually agree that they will effect, in no event later than the date of the closing of
the martial residence mortgage refinancing by Husband, a satisfactory division of
the furniture, household furnishings, appliances, and other household personal
5
property between them located on the marital residence premises. Upon the
subsequent closing of the refinancing of the marital residence mortgage into the
sole name of Husband, the parties agree that each party shall from and after the
date of such settlement shall be the sole and separate owner of all such tangible
personal property in his or her possession. At the time of final distribution on or
before the closing of the refinancing, this Agreement shall have the effect of an
assignment or bill of sale from each party to the other from such property as may be
in the individual possession of each of the parties hereto.
From and after the date of the signing of this Agreement, both parties
shall have complete freedom of disposition as to their already separate property,
any property which is in their possession or control except for that property still
located within the martial residence which belongs to Wife, pursuant to this
Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or
dispose of such property, whether real or personal, whether such property was
acquired before, during, or after marriage, and neither Husband nor Wife need join
in, consent to, or acknowledge any deed, mortgage, or other instrument of the other
pertaining to such disposition of property.
b. MARITAL RESIDENCE. The parties acknowledge that they are the
joint owners of the marital residence situate at 625 Range End Road, Dillsburg,
York County, Pennsylvania. The parties agree that Husband shall become the sole
owner of the marital residence. The parties acknowledge that the marital residence
is currently encumbered with a mortgage, and Husband shall be solely responsible
for and hold Wife harmless from all future mortgage payments due and owing on
said mortgage. Within a reasonable time after the entry of the divorce decree, but
in no event later than March 15, 2013, Husband shall endeavor to refinance said
mortgage into his sole name, and shall at the time of refinancing also repay apost-
separation loan made by Wife to Husband in the amount of $25,000.00.
Contemporaneously with the closing of the refinancing of the mortgage by
Husband and repayment of the $25,000.00 loan to Wife, Wife shall execute and
6
deliver to Husband a Deed transferring sole and absolute ownership, right, title and
interest in and to the said premises to Husband.
Husband agrees to assume sole liability for or refinance the mortgage on
the marital residence as of the date of this Agreement. Should Husband be unable
to refinance the residence within that time frame, the parties agree to list the house
for sale with the proceeds, if any, being divided equally between the parties after
Wife has been repaid the $25,000.00 loan.
The parties acknowledge that Husband shall have the sole right to claim
any available tax deductions associated with the said residence for any time
subsequent to the date of the signing of this Agreement, so long as Husband has
made the timely mortgage payments on the residence without the financial
assistance of Wife.
c. JC2 PRODUCTIONS, LLC. Husband and Wife are joint owners of a
production company operating under the name JC2 Productions, LLC. Husband
shall assume ownership of the production company, including all of its assets and
liabilities. The parties agree to formally dissolve their joint interests in the
production company by separate agreement, attached hereto as Exhibit A.
8. DEBTS. 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 he shall indemnify and save Wife harmless from
any and all claims or demands made against her by reason of such debts or obligations
incurred by him since the date of said separation, except as otherwise set forth herein.
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 she shall indemnify and save Husband harmless
from any and all claims or demands made against him by reason of such debts or
obligations incurred by her since the date of said separation, except as otherwise set forth
herein.
7
9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and
be responsible for their own attorney's fees and costs incurred with respect to the
negotiation of this Agreement and the divorce proceedings related thereto.
10. DIVORCE. A Complaint in divorce has been filed to No. 09-5808 in the
Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be
free to proceed without further delay to secure the divorce. Both parties shall sign an
affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code.
In the event, for whatever reason, either party fails or refuses to execute such affidavit
upon the other party's timely request, that party shall indemnify, defend and hold the other
harmless from any and all additional expenses, including actual counsel fees, resulting
from any action brought to compel the refusing party to consent. Each party hereby
agrees that a legal or equitable action may be brought to compel him or her to execute a
consent form and that, absent some breach of this Agreement by the proceeding party,
there shall be no defense to such action asserted.
11. BANKRUPTCY. The parties further warrant that they have not heretofore
instituted any proceedings pursuant to the bankruptcy laws nor are there any such
proceedings pending with respect to them that have been initiated by others. It is
stipulated and agreed by the parties that the terms of this Agreement as they resolve the
economic issues between the parties incidental to their divorce and the obligations of the
parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should
either party file for protection under the Bankruptcy Code at any time after the date of
execution of this Agreement.
12. RECONCILIATION. Notwithstanding reconciliation between the parties, this
Agreement shall continue to remain in full force and effect absent a writing signed by the
parties stating that this Agreement is null and void.
8
13. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this
Agreement shall be incorporated but shall not merge in the final divorce decree between
the parties. The terms shall be incorporated into the final divorce decree for the purposes
of enforcement only and any modification of the terms hereof shall be valid only if made in
writing and signed by both of the parties. Any court having jurisdiction shall enforce the
provision of this Agreement as if it were a Court Order. This Agreement shall survive in its
entirety, resolving the spousal support, alimony, equitable distribution and other interests
and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of
Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way
change the terms of this Agreement. This Agreement may be enforced independently of
any support order, divorce decree or judgment and its terms shall take precedence over
same, remaining the primary obligation of each party. This Agreement shall remain in full
force and effect regardless of any change in the marital status of the parties. It is
warranted, covenanted and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable, and this warranty, covenant and representation is
made for the specific purpose of inducing the parties to execute the Agreement.
14. DATE OF EXECUTION. The "date of execution" or "execution date" of the
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 the Agreement.
15. FULL DISCLOSURE. Each party asserts that he or she has made or shall
make a full and complete disclosure of all the real and personal property of whatsoever
nature and whosesoever located belonging in any way to each of them, of all debts and
encumbrances incurred in any manner whatsoever by each of them, and of all sources and
amounts of income received or receivable by each party.
9
16. ENTIRE AGREEMENT. This Agreement contains the entire understanding
of the parties, and there are no representations, warranties, covenants or undertakings
other than those expressly set forth herein.
17. BREACH. If either party breaches any provision of this Agreement, the other
party shall have the rights, at his or her election, either to pursue his or her rights in having
the terms of this Agreement enforced as an Order of Court or to sue for specific
performance or for damages for such breach, and the party breaching this Agreement shall
be responsible for legal fees and costs incurred by the other in enforcing his or her rights
under this Agreement.
18. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement
and any interpretation and/or enforcement thereof shall forever be governed bar the Laws
of the Commonwealth of Pennsylvania.
19. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or
waiver of any of the terms hereof shall be valid unless made in writing and signed by both
of the parties.
20. ADDITIONAL INSTRUMENTS. 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, including Deeds and other real estate-related documents, titles, or
other documents that may be reasonably required to give full force and effect to the
provisions of this Agreement.
21. SEVERABILITY. 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 shall continue in full force, effect and
operation.
10
22. WARRANTY. Husband and Wife again acknowledge that they have each
read and understood this Agreement, and each warrants and represents that it is fair and
~1 \,
N
equitable to each of them.
23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the parties.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties
hereto have hereunto set their hands and seals the day and year first above written. This
Agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly
executed copy thereof.
WITNESSES:
~~~ C ~~~ ~~ ~~CVcca...~-SEAL)
f, t J~JLIE FOLLMER CLOUSER
~ )
r-
t
r,
. ~~~ ~~ ~ ~
(SEAL)
JA E CL
11
Exhibit A
BILL OF SALE. ASSIGNMENT AND ASSUMPTION AGREEMENT
This BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement") is entered into and
is effective this 30th day of August, 2009, by and among Julie A. Clouser (Follmer), individually, (the
"Assignor"} and James E. Clouser, Jr., individually and JC2 Productions, LLC, a Pennsylvania limited
liability company, (collectively, the "Assignee").
WITNESSETH:
WHEREAS, the production of the flea market at the Pennsylvania Farm Show Complex consists
of assets, which include, among other things, the lease and contract with the Pennsylvania Department
of State, signage, space markers, pennants, vendor records, vendor and customer lists, liability insurance
policy information and service contracts (collectively, the "Flea Market Assets");
WHEREAS, Assignor and Assignee agree that it would be in the best interests of all concerned
parties for Assignor to sell, transfer and assign Assignor's interest in all of the Flea Market Assets to
Assignee; and
NOW, THEREFORE, for good and valuable consideration in the sum of One Dollar ($1.00), the
receipt and sufficiency of which are hereby acknowledged by Assignor, and intending to be legally
bound hereby, the parties hereto agree as follows:
1. Sale. Assienment and Conveyance. Assignor hereby grants, sells conveys, assigns, transfers,
sets over to and vests in Assignee, all of the Assignor's respective right, title and interest, legal
and equitable, in and to the Flea Market Assets, including, without limitation, all of its rights and
privileges under or otherwise in respect of any contracts, obligations, and other agreements
that are part of the Flea Market Assets. Assignee hereby acknowledges Assignee's possession of
all Ftea Market Assets at the execution of the Agreement.
2. Assumption. Effective on the date of the Agreement, Assignee agrees to assume all liabilities
and be liable for the performance of any of the terms and conditions thereof or for any costs or
expenses incurred in connection with the past, present and future production of the flea
market.
3. Non-Competition Aereement. In consideration of the payment received from Assignee,
assignor will not , during a period of three (3) years, engage directly or indirectly, whether as a
principal, consultant, employee, officer, director, advisor, agent, stockholder, limited partner,
partner, member, or other investor (other than an investment of not more than five (5%) of the
stock or equity of any corporation the capital stock of which is publically traded), or otherwise,
either for Assignor's own account or for any other individual, firm or entity, in any activity or
business venture involving the production of a flea market which is located or operates within
ten (10) miles of the Pennsylvania State Farm Show Complex.
4. Governine Law. The validity and interpretation of this Agreement shall be governed by and
construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to
conflict of law principles.
S. Bindine Effect on Successor. This agreement shall be binding upon, and inure to the benefit of,
the permitted successor and assigns of the parties hereunder.
6. Disclaimer. All rights and interests created by this agreement are exclusive to the parties to this
Agreement, or to their permitted successors and assigns. No right, title, interest or cause of
action is created for or insures to the benefit of any other person or entity under this
Agreement.
7. Notices. All notices, or other communications provided for under this Agreement shall be in
writing and delivered personally, sent by facsimile, or sent by certified mail, postage prepaid, as
follows:
a. If to Assignor:
Julie Clouser (Follmer)
100 S. High Street
Mechanicsburg PA 17055
b. If to Assignee:
James E. Clouser, Jr.
JC2 Productions, LLC
625 Range End Road
Dillsburg PA 17019
8. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed to be an original, but all of which shall be one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date first
written above.
ASSIGNOR:
~~
lie Clouser (Follmer), an Individual
ASSIG
E. Clouser, fir., ark Individual
ons, LLC, a'Pen~sylvania limited liability company
BY:
James . CI ser, Jr., its ana i member
~" J S;:" i . i~
i6,~~,i-~~ t ~~i
OM ~' f.~ ~ 1 h""~'~ 2 9 P~ I: S I
LILAKIS
~UMBERL~~r1 ~i~v~~T',`
Kara W. Haggerty, Esquire ~ E ~~ ~'~ ~ Y ~. ~~~4 ~~~ ~ as
Attorney I.D. #: 86914
2 West High Street
Carlisle, PA 17013
(717)249-0900
JULIE CLOUSER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PA
v, NO. 09-5808 CNIL TERM
JAMES CLOUSER, JR, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under ~3301(c) of the Divorce Code was filed on August 24,
2009.
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. X4904 relating to unsworn
falsification to authorities.
Date: ~ I I ~ ~~- ~, ~''~; Ol.-t.~-'~ ,~'~~~-'yv-~'~---'
JU IE (Clouser) FOLLMER
OM (~'
~TLILAKIS
Kara W. Haggerty, Esquire
Attorney LD. #: 86914
2 West High Street
Carlisle, PA 17013
(717) 249-0900
JULIE CLOUSER,
Plaintiff
v.
JAMES CLOUSER, JR,
Defendant
,~1~'
lr I2 ~'~~ 2g pwf t : ~- ~ , ,
f'~ ~'N5 Y~, yq I~II~r~ I `~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-5808 CNIL TERM
CIVIL ACTION -LAW
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 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. X4904 relating to unsworn
falsification to authorities.
Date: ~ ~ I a~S 1 I ~- ~(.~, ~ l-~ Ol; ~.~'~ :J ~11~1.L'l.~
JU IE (CLOUSER) FOLLMER
OM ~'
LiLAKIS
.®. --
Kara W. Haggerty, Esquire
Attorney LD. #: 86914
2 West High Street
Carlisle, PA 170]3
(717)249-0900
JULIE CLOUSER,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-5808 CIVIL TERM
JAMES CLOUSER, JR, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in divorce under ~3301(c) of the Divorce Code was filed on August 24,
2009.
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 axe true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating to unsworn
falsification to authorities.
Date: ~~ ~ ~ ~ ~l 2--
-~T
~C~-ia_~=riC
~~'f2~0~~ 29 P~1 I~ 51
OM ~'
LILAKIS
.~
Kara W. Haggerty, Esquire
Attorney LD. #: 869(4
2 West High Street
Carlisle, PA 17013
(717)249-0900
JULIE CLOUSER,
Plaintiff
v.
f,t. .
i ~~ p~~ ~~;;,~,' r ,
~`-~~~ ~0~ 29 P~# ~: S~?
t,)~BEPL ~ ~~ ~ ,
~'ENPJS ~'~~.~q P ~~~~~ , 'r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-5808 CIVIL TERM
JAMES CLOUSER, JR, CIVIL ACTION -LAW
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 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. X4904 relating to unsworn
falsification to authorities.
Date:
OM ~'
j~TLILAKIS
_._--.-
iiaza W. Ha~~erry, Lsyuire
:~ttomcv LD. No.: 86914
2 West IIigh Street
Carlisle, Pennsylvania 17013
(71~ 249-(190(1
JULIE CLOUSER,
Plaintiff
v.
JAMES CLOUSER, JR.,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 09-5808
CNIL ACTION -LAW
IN DIVORCE
Transmit the record, together with the following information, to the court for entry of a divorce
decree:
1) Ground(s) fox Divorce:
a) Irretrievable Breakdown under ~3301(c) of the Divorce Code.
2) Date and manner of service of the Complaint:
a) September 15, 2009 by Acceptance of Service
3) Related claims pending:
a) Marital Settlement Agreement signed January 1, 2010 is incorporated but not merged into the
Divorce Decree.
4) Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code:
a) by Plaintiff: November 28, 2012 ; by Defendant: November 21, 2012
5) Date Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary:
a) by Plaintiff: November 29, 2012; by Defendant: November 29, 2012
Respectfully submitted,
D?,TE t i ~ ` 1
~~ I2 P~Od 29 P~ I ~ ~
~'UMBEF~L~~~ L(~u~ "i ~,~
P~NNSYG`~'A~~i ~;
ABO l& KUT 1ULAKIS, .L.P
Kara W. Haggerty, Es
Supreme Court ID #8~
~~'
2 West High Street
Carlisle, PA 17013
(717) 249-0900
Attorney far Plaint