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Plaintiff vs. ROBERT SPECK SOVEREIGN BANK Garnishee Would you please dissolve the attachment against Sovereign Bank, Garnishee, in the above captioned matter. To Prothonotary e=. ~1/1 v ~ A torney for Plaintiff April 19, 2005 LESLIE A. CLOUSER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-FAMILY DIVISION MICHAEL K. CLOUSER, Defendant NO. 2005-1772 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on April 4, 2005. 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 in 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 Fa.C.S. Section 4904 relating to unsworn falsification to authorities. ~~~-~ ~chael K. Clouser Da te ~~U to II, ;::)0(:6 2 ~.:: (, z: =< ,..., ~~ = en <.-.. c:: ,-- o ." -1 x"""(: rnr ~"D ::q ~~]S <j.;.~ "'1"L .f ':srn :-..-1 -...... 'i:J :< en ::.; ~ w vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-FAMILY DIVISION LESLIE A. CLOUSER, Plaintiff MICHAEL K. CLOUSER, Defendant NO. 2005-1772 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 4, 2005. 2. The marriage of Flaintiff 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 in 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. Section 4904 relating to unsworn falsification to authorities. Y. - ~ 'J2 0.1)./ ,l().vt/ ~ Clouser Date:,ju LZjll~dOOS ry Pubh.c NOTARIAL S VAlERIE E.G. CP,GG!ANO, Nc\e.'Y Public Harrisburg, Dauphin County My Commission Expires April 3, 2006 subscrib'i'Q to this ~ ~ day , 2005. Sworn and bef re me of .....> "'" c;:J cJ' <- c::: r- ::-\ .-<. 0:> R. -4 --..,.., r\1 p' --oH"". -~-"'C) ~~~~i c:.--~r) ;,-:;)rn ';::.\ -Jf5 :-<;. E: -~. - - r. ~ - LESLIE A. CLOUSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL l\CTION-FAMILY DIVISION vs. MICHAEL K. CLOUSER, Defendant NO. 2005-1772 WAIVER OF NOTICE OF INTENTION TO REQUEST AN ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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. Section 4904 relating to unsworn falsification to authorities. Dated:'~~ II/dC03 ~A/.' C ~fiP1../ ~Clouser ary 1M? VALERIE E.G. CAGGI Pub Harrisburg, Dauphin County My Commission Expires April 3, 2008 ....., "'" C~ "" ~ C-:- ,- - c~ .~ co R. -4 ::!:-n iI'E -n\~\ ~C",.,I ;.,'-) j~1 ::,~~\-. ~:....,-l t~,~?' .~ '::0 =< """':' -:;~ - - r ..,.. LESLIE A. CLOUSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL l',CTION-FAMILY DIVISION vs. MICHAEL K. CLOUSER, Defendant NO. 20C5-l772 WAIVER OF NOTICE OF INTENTION TO REQUEST AN ENTRY OF A DIVORCE DECREE UNDER SECTION 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 Frothonotary. 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 Fa.C.S. Section 4904 relating to unsworn falsification to authorities. -rv1UL~ k, CQ.~ Michael K, Clouser Me' ~ 1 \ \.6 \ I, ,:;;C'f.f:, Sworn and SUbSC~~O bef re me this day of ,2005. NOTARI!\L SEAL VALl!RJE E.G. CAGGIANO, Notary Public Harrisburg, Daluphin County My Commission Expires April 3, 2006 Q s-, <-> = c? <f' ~ r - CD :rs:": ::1& - - R. ~..,.., n1f;:'; ..n\!-\ -',:""} -.~ -i:;?\~?; '1$.A ':~' ~~ ::Q, "..;- .s;:- P RAE C I P E Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - FAMILY DIVISION LESLIE A. CLOUSER, NO. 2005-1772 vs. MICHAEL K. CLOUSER, Defendant TO PROTHONOTARY OF SAID COUNTY; Please accept the attached Property Settlement Agreement for filing in regard to the above-referenced matter. Dated: ~~\.j \5. ";loa') ~ \E. \-<, nj ~~~ Megan E. Castor, Esquire 322 South Eighth Street Lebanon, F~ 17042 (717) 274-1678 Attorney I.D. #89939 Attorney for Plaintiff . PROPERTY SETTLEMENT AGREEMENT AGREEMENT made this ~I+- day of _ 'Ju.\, 2005, by and between Michael K. Clouser, ("Husband") and Leslie A. Clouser ("Wife") at Mechanicsburg, Cumberland County Pennsylvania. ~ ~ :r N ~ ~ ~ ~ :r R: WHEREAS, the parties hereto are Husba.nd and Wife, having been married on September 26, 1992 in Harrisburg, Dauphin County, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parti.es 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 by specification: the settling of all matters between them relating to the ownership of real and personal 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 premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. DIVORCE (a) No Bar to Divorce; No Merger. Nothing in this Agreement shall be construed as a relinquishment by either party of the right to prosecute or defend any suit for divorce in any court of proper jurisdiction. Other than upon a showing of substantially changed circumstances, neither party to any such action shall ask alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby 2 consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. (b) Incorporation within Judgment. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment. 2. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed 3 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. 3. EXECUTION OF AFFIDAVITS OF CONSENT AND RELATED DOCUMENTS For the mutual promises and covenants contained in this Agreement, Husband agrees to execute an Affidavit of Consent and accompanying Waiver form and any other documentation reasonably requested by counsel for Wife in order to enter a Final Decree in Divorce to the Divorce Complaint filed by Wife in this matter on April 4, 2005. 4. WAIVER OF FINANCIAL DISCLOSURE Each of the parties has been independently advised of and is fully cognizant of his or her respective rights to a full and fair disclosure of the extent of the assets, income, expectancies and liabilities of the other prior to the execution of this Agreement. The parties both confirm that each of them is knowingly and intelligently waiving his or her respective rights 4 ~ to such a disclosure. Husband and wife ea=h further confirms that in executing this Agreement in the absence of such a disclosure, each forever waives any future right to set aside the said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 5. ADVICE OF COUNSEL Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of her and his selection; that Wife has been independently represented by Megan E. Castor, Esq., and the Husband, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement. 5 6. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They 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. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profeEsion or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign eact other or the respective families of each other, nor compel nor attempt to compel the other to cohabit or dwell by any means or in any matter whatsoever with him or her. 7. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property 6 hereafter 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 acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower'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 (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement 7 ~ ' or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by the execution of this 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 thereof. 8. EQUITABLE DISTRIBUTION OF PROPERTY (a) Distribution of Motor Vehicles. It is agreed by and between the parties that each shall retain his or her own motor vehicle, free and clear of any right, title, claim, or interest on the part of the other party. Accordingly, Wife shall be permitted to retain the Pontiac Grand Am automobile in her possession and Husband shall be permitted to retain the Ford Bronco automobile in his possession. Further, each of the parties agrees to indemnify the other for the payment of any obligation presently encumbering the title of his or her motor vehicle. 8 . . . ..... . . (b) Distribution of Pension, Retirement Plan, 40lK. It is agreed by and between the parties that each shall retain his or her own Pension, Retirement Plan, 401k, free and clear of any right, title, claim, or interest on the part of the other party. (c) Distribution of Tangible Personal Property. The parties acknowledge that prior to the execution of this Agreement, they have distributed their remaining personal property to their mutual satisfaction. (d) Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible or intangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship, including without limitation dower, courtesy, right to equitable distribution under the Divorce Code statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate; and each party will, at the request of the other, execute, acknowledge, and 9 . ., ~ . . \ . deliver any and all instruments which may be necessary or advisable to carry into effect the mutual waiver and relinquishment of such interest, rights, and claims. 9. COUNSEL FEES Each party agrees to be responsible for his or her own legal fees and expenses and each party hereby agrees to waive any claim for alimony pendente lite. 10. COUNSEL FEES AND EXPENSES FOR ENFORCEMENT Wife agrees that she will pay the reasonable counsel fees and costs incurred by Husband in the event that Husband shall bring any action against Wife to enforce the terms of this Agreement and in the further event that Husband is successful in such action. Husband agrees that he will pay the reasonable counsel fees and costs incurred by Wife in the event that Wife shall bring any action against Husband to enforce the terms of this Agreement and in the further event that Wife is successful in such action. 10 " ~ . . , ... 11. WARRANTY AS TO EXISTING OBLIGATIONS Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 12. WARRANTY AS TO FUTURE OBLIGATIONS Wife and Husband each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities, incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. 11 ~ . , 13. 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 of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 15. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and a'3signs. 16. INTEGRATION This Agreement constitutes the entire Lnderstanding of the parties and supersedes any and all prior agreements and 12 , , ... I , , . negotiations between them. There are no representations or warranties other than those expressly set forth herein. 17. NO WAIVER OF DEFAULT 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 hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 18. 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 continue in full 13 I " .'~ , l , _ IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. V. - I '; a u.tV.I<J~.J ~ Clouser -rYI ,~...efL I{ Ca.,~ ~chael K. Clouser 15 I .. .. . ' , '" COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND On this, the ~ day of , 2005, before me, a Notary Public for the Ith of Pennsylvania, personally appeared Leslie A. Clouser, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Llf\u P1;Lblic NOTARIAL SEAL VALERIE E.G. CAGGIANO, Notary PubUc Harrisburg, Dauphin County My Commission Expires April 3, 2006 16 "I r. ..... .. . .. - COMMONWEALTH OF FENNSYLVANIA ss: COUNTY OF CUMBERLAND On this, the l.tL~ day of <0ll1~~, 2005, the common(~th of Pennsylvania, before me, a Notary Public for personally appeared Michael K. Clouser, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. No \ ~ NOTARIALSEAL VALERfE E.G. CAGGIANO, NOIaJy PubIc HalTisburg, Dauphin County My Cornrnlssion Expires AprIl 3, 2006 17 ~ .~ .. " "" '" r . , - .' ~., ,..: :~ 0 ~~, .1 .. ..... :r I-n -" C) :1' , ~:.) ., .;:- :'!:.>o !J Cl -< LESLIE A. CLOUSER, Plaintiff IN THE COURT OF COMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-FAMILY DIVISION vs. MICHAEL K. CLOUSER, Defendant NO. 2005-1772 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF LEBANON Megan E. Castor, Esquire, being duly sworn according to law, deposes and says that a true and correct copy of Plaintiff's Complaint in Divorce was served upon Michael K. Clouser, at 317 East Portland Street, Mechanicsburg, Pennsylvania 17055 by certified mail, return receipt requested, article number 70040750000273062791 on April 8, 2005, as is evidenced by the attached return receipt. '}"d !~) Megan E. C;astor, Esquire Attorney 1.0. #89939 322 South Eighth Street Lebanon, FA 17042 (717) 274-1678 Sworn and subscribed to before. me this 3l)~ day ~ rvJU ' :&5. NOT P C l/. fJ\JJ ""'-- II1CllEttE L ilIIWARD. IOTARY PUBLIC \ em OF \fiAIiOIl. \.EMIlON COUNTY : MY 9Q.MMISS1ON EiPiRES APRIL 20, ZQIlU 1. MiaIa.'4.a ( -" to: Mr. Michael Cloua.r 317 E. Portland street ~chanicsbur9, PA 11055 tf'M 2. Micli- 7 II II 4 ~-. P$ .... .'M' ~\ ...... 117511 111l1l2 7311b 2791 .....-...... 1~1840 . ," " ,"" ~ iTi" '. ,..,,. .. ' (') ~ ~~\.':' ;.", -, , -:~" ; ,..., ~ ~ 'e .- !'..:l \~i~, ; 'PC ~ " " .. . o ...., ~-n f1'~ :9,0 ?~),(-) -::,'::5;\ ()~'~ ;,,.(-; 1,~)\1 :::::.~ -t.o, :0. .0<.. ~ r:- - A vs. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-FAMILY DIVISION LESLIE A. CLOUSER, Plaintiff MICHAEL K. CLOUSER, Defendant NO. 2005-1772 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY; Transmit the record, together with the following informa- tion, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and ITlanner of service of the Complaint: Certified Mail, return receipt requested on April 4, 2005. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: July 11, 2005 by Defendant: July 1, 2005 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice was filed with the prothonotary: Filed simultaneously with Praecipe to Transmit Record. Date Defendant's Waiver of Notice was filed with the prothonotary: Filed simultaneously with Praecipe to Transmit Record. (\ . f (-4--- ~ . I,.()Jf {trV Megan . Castor, ~~ire Attorney for Plaintiff Attorney I.D. #89939 c c- I"--:l (-::-:-:l C:;-.:J eT' C. C~ ,-.- 1".' (Jl o 'Tl ::;:J \..:0 , ) -=-, ~3? ~.~, Ct) 0,) , . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PEN NA. STATE OF . . LESLIE A. CLOUSER. . , PLAINTIFF No. ....2.()()<; 177? . VERSUS MICHAEL K. CT,OUSRR DEFENDANT . . DECREE IN DIVORCE . . . . . . . . . . . . 1...t.r z. ?-' .- ~~ ,IT IS ORDERED AND AND NOW, LESLIE A. CLOUSER DECREED THAT , PLAINTIFF, . . . AND MICHAEL K. CLOUSER , DEFENDANT, . . . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; . , . N"NE . . . '-: - i By THE COURT: ~.' . . . . #4 . "-.. ... ~"'." ,.." ". '" ~ .~ " " 'v - . . -, . .' '-.......... "-,.~ o' ,_- ../ ':'" ,.':" '- . ~~ ',::"ioi ."\:." ...."=Iw......'w"" ROTHONOTARY . 00:000000000000 " . . . . . . . . . , . . , . . . . . . . . . . . . J. . . . , -hj?f ~ 7/.L, 50, Jet. ~cl r-f ~ ~ -/'r ~'6?:"L .