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Johnson, Duffie, Stewart & Weidner By: Mark C, Duffie I.D, No, 75906 301 Market Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 mcd@jdsw.com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEA~F CUMBERLAND COUNTY, PENNSYLVA IA NO,Ol.. - ~ CIVIL TERM CIVIL ACTION - LAW IN DIV'ORCE ERNEST A, CLAWSER, III, v, HEATHER CLAWSER, Defendant 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 the 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, G'O TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INF'ORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 'OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 f " Johnson, Duffie, Stewart & Weidner By: Mark c, Duffie LD, No, 75906 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 mcd@jdsw,com Attorneys for Plaintiff ERNEST A, CLAWSER, III, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 0(.. -.;:?ql).b CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Plaintiff v, HEATHER CLAWSER, Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, ERNEST A, CLAWSER, III, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, HEATHER CLAWSER: 1, The Plaintiff is Ernest A, Clawser, III, an adult individual, residing at 1341 Old Willow Mill Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, Plaintiff's Social Security Number is 159-62-4038, 2, The Defendant is Heather Clawser, an adult individual, residing at 169 Cedar Lane, Carlisle, Cumberland County, Pennsylvania 17013, Defendant's Social Security Number is 194-66-9581, 3, The Plaintiff and Defendant were married on September 7,2002, in Cumberland County, Pennsylvania, ~. . 4, The Plaintiff has been a bOna fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5, There have been nO prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction, 6, The parties separated On or about February 15, 2005, 7, Neither of the parties in this action is presently a member of the Armed Forces On active duty, 8, The marriage is irretrievably broken, 9, The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling, WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce, WEIDNER :273142 ~. . VERIFICA TION I, ERNEST A. CLAWSER, III, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief, I understand that false statements made herein are made subject to the penalties of 18 Pa, C,S,A !l4904, relating to unsworn falsification to authorities, Date: 05 ~ /0 - a::v0 =7"~a<" ERNEST A, CLAW III /'I. - <;-YJ - . ?d c:J ~ ~ r:. :Q ~ ~ ...... U'} (') ,..., @ -- () c: r::'::> 0 "0 c:::> ~ <'" '" '"T1 '"""t' .~>, ~ 'l V ~~rF :J:: -t )..; " . :> :J::n -< rn pt: (/) r- es: f/'l ..~' 3jrD r-"i 0.0 ,:_.:'v ,:;; , ,Y J .,'~ ~;;;~~ _r'" ." .. -. 5.~:;J -'- '~i- C) , r:Y ()cn ".,... ::,"-1 .::<i 0) 15 w -< Johnson. Duffie, Stewart & Weidner By: Mark C. Duffie 1.0, No, 75906 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw,com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, <X. -;aDl- CIVIL TERM CIVIL ACTION - LAW IN DIV'ORCE ERNEST A, CLAWSER, III, v, HEATHER A, CLAWSER, Defendant AFFIDA VlT ERNEST A. CLAWSER, III, being duly sworn according to law, deposes and says: 1, I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 2, I understand that the court maintains a list of marriage counselors in the Prothonotary's 'Office, which list is available to me upon request. 3, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court, 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, ~904, relating to unsworn falsification to authorities, Date: 05 - /0 - 20()f,o c:::.-r~4M/~'pr NEST A, C SER, III (") ~ ~ ~ ::!~ .-1 -oee ::r:;"", Ii' t';~ ~ r"f\p -;7, -otn -? /.. - :HV (.:1.<' ...0 -::~~~~ ~,. ,,," ..., '~':4' "J:;: :z 't;~~ '$' c: r:-? ...A -7' '''' 3- w ?l <.W Johnson. Duffie, Stewart & Weidner By: Mark C, Duffie LD, No. 75906 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw,com Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,Of..~~q{>L. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ERNEST A, CLAWSER, III, v, HEATHER A, CLAWSER, Defendant AFFIDA VIT HEATHER CLAWSER, being duly sworn according to law, deposes and says: 1, I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 2, I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3, Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court, 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, ~904, relating to unsworn falsification to authorities, Date: j~~O/()~ I I (') ....., = 0 c = -n :;: "" ""DO.') ::;:; =? ri-:f :;::.- n,:D ;'7 . -: ""Fn 7~ G] ..0 ::7)Y ,.:J (~) '.~'~ , " -0 --,-....Ti <:; '.,.::::-,"\ ,,:.;::. C ::;:: '~.) ("~; '> 2m c ~ 0 /.::.~ -4 -..\ 0-0 ~ -( w -< Johnson. Duffie, Stewart & Weidner By: Mark C, Duffie LD, No, 75906 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw,com Attorneys for Plaintiff ERNEST A. CLAWSER. III, Plaintiff v, HEATHER CLAWSER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 06-2906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, HEATHER CLAWSER, hereby accept service of the Divorce Complaint. I certify that I received a true and correct copy of the Divorce Complaint. I certify that I am the Defendant in the above-captioned actiOn and as such, am authorized to accept service of the Divorce Complaint. Date: #0 o <;,"" .f.'.... -ci:-;:' rr~ ; .'-'/ - " l.'-:~ j:>,' "'7 "~ ~-C) Y"C.: ~ .~ .-:> ~ ~;; :r. ~ -'. r;j, ~ ,.... ~:n " r: _)f:D ~.,C1 .,.~~~~ Brn -\ """ ~ -0 :r. r;-? ..,.. .... Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2906 CIVIL TERM ERNEST A. CLAWSER, III, v. CIVIL ACTION - LAW HEATHER A. CLAWSER, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in ivorce under Section 3301 (c) of the Divorce Code was filed on or about May 19, 2006. 2. The marriage 0 Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of iling and service the Complaint. 3. entry of a final Decree of Divorce after service of notice of intention to request entry of th Decree. WA VER OF NOTICE OF INTENTION TO RE EST ENTRY OF A DIVORCE DECREE UNDER ECTION 3301 c OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand t at I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I 0 not claim them before a divorce is granted. 3. I understand th t 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 state ents made above are true and correct. I understand that false statements herein are made ubject to the penalties of 18 Pa.C.S. 9 4904 relating to unsworn falsification to authorities. Date: ~~~:trL ERNEST A. C S, III, Plaintiff :283814 r-.) c::-::J c';:) er- e::::> :..-) o "'TI -I :1:..,., rl1p ....---~ \"1-: '.'6 C) C)(L, ":~j _c'f, ~~ ~~~ ~;::! .ii -< N -J s: CJ tJl (j', Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2906 CIVIL TERM ERNEST A. CLAWSER, III, v. CIVIL ACTION - LAW HEATHER CLAWSER, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in IDivorce under Section 3301(c) of the Divorce Code was filed on I or about May 19, 2006. I I I 2. The marriage ~f Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date oflfiling and service the Complaint. I I 3. I consent to t~e entry of a final Decree of Divorce after service of notice of intention to request entry of thf Decree. I I W IVER OF NOTICE OF INTENTION TO RE EST ENTRY OF A DIVORCE DECREE UNDER ECTION 3301 c OF THE DIVORCE CODE I 1 . I consent to Ih1 entry of a final Decree of Divorce without notice. 2. I understand t~at I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I ~o not claim them before a divorce is granted. I I I 3. I understand t:at I will not be divorced until a Divorce Decree is entered by the Court and that a copy of th Decree will be sent to me immediately after it is filed with the Prothonotary . I I verify that the statelents made above are true and correct. I understand that false statements herein are made '~~bject to the penalties of 18 a,C.S. 94904 r ting to unsworn falsification to authorities. I J/ , ~ Date: IO-/I-OC:.. :283814 o C::': ':--," :-3 ~~ cJ..... C'J ~ t'~~ -..I ;A ::;:! ,l,:'} '~~; \~n :Y.'.\(l.f ;-.~3 (.~:: .:~-:~~ l~? ,<- PI :2\ -~"Y' ":':::1 ::< ........-". ::.:.,.; -.:;-- C.n v' 1 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie J.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania (717) 761-4540 Attorneys for Plaintiff I I I 1704~-O109 I I I I I I Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2906 CIVIL TERM ERNEST A. CLAWSER, III, v. CIVIL ACTION - LAW HEATHER CLAWSER, IN DIVORCE Defend~nt I I 1 I I lM.~IT AL SETTLEMENT AGREEMENT I I I I I THIS AGREEMENT, rpade this I }tb day of (J,j?)~ , 2006, by and between HEATHER CLAWStR, of Carlisle, Pennsylvania, (hereinafter "WIFE") and ERNEST I A. CLAWSER, III, of Mechaniqsburg, Pennsylvania, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on September 7, 2002, in Cumberland I I County, Pennsylvania; and : 1 I 1 I I WHEREAS, a divorce I action was filed by HUSBAND on or about May 19, 2006, in the Cumberland County Court of ~ommon Pleas, and docketed at 06-2906 Civil Term; and I I I I I WHEREAS, there is o~e minor child born of this marriage whose name is Ava Leighayn I Clawser, born February 23, 2004; and WHEREAS, difficulties rave arisen between the parties and it is therefore their intention I to live separate and apart fori the rest of their lives and the parties are desirous of settling 1 completely the economic and dther rights and obligations between each other, including but not I limited to: the equitable distri~ution of the marital property; past, present, and future spousal I support; alimony, alimony pen~ente lite, and in general, any and all other claims and possible I claims by one against the othet or against their respective estates; and 1 1 1 1 , NOW THEREFORE, in consideration of the covenants and promises hereinafter to be 1 1 kept and performed by each party and for other good and valuable consideration, the parties, I I intending to be legally bound h~reby, do hereby agree as follows: I , , , I 1. ADVICE OF CqUNSEL. The parties have ente~d into a Waiver of Conflict of Interest dated April 11, 2006 and 1 have asked Mark C. Duffie of Uohnson, Duffie, Stewart & Weidner to prepare all documentation I incorporating the agreement ~egotiated by the parties. Said Waiver of Conflict of Interest is 1 incorporated herein by referenpe. I 2. DIVORCE ACTION. 1 , , 1 The parties acknowle~ge that their marriage is irretrievably broken and that they shall I secure a mutual consent no Ifault divorce pursuant to 9 3301 (c) of the Divorce Code. The I parties agree to execute Affid~vits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree contemporaneously with the execution of this Marital Settlement Agreement. This Agreement shall! not merge with the Divorce Decree but shall continue to have I independent contractual significance. The parties shall have the right to enforce this Agreement 1 under 23 Pa. C. S. 93502 (e) pf the Pennsylvania Divorce Code, and in addition shall retain any 1 remedies in law or in equity u!nder this Agreement as an independent contract. Such remedies , in law or equity are specifically not waived or released. 1 3. DATE OF EXE<1UTION. , The "date of executiont 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 1 I same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be I defined as the date of execution by the last party executing this Agreement. , 1 1 , I 4. MUTUAL RELE~SES. Each party absolutely ~nd unconditionally releases the other and the estate of the other I from any and all rights and bbligations which either may have for past, present, or future 1 obligations, arising out of the o,arital relationship or otherwise, including all rights and benefits , under the Pennsylvania Divorc~ Code of 1980, and amendments except as described herein. , 1 I 1 I Each party absolutely: and unconditionally releases the other and his or her heirs, 1 executors and estate from an~ claims arising by virtue of the marital relationship of the parties. 1 The above release shall be effective whether such claims arise by way of widow's or widower's I rights, family exemption, or u~der the intestate laws, or the right to take against the spouse's 1 will, or the right to treat a life tifne conveyance by the other as testamentary, or all other rights of 1 a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws 1 of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. ' 1 1 Except for any cause of action for divorce which either party may have or claim to have, 1 each party gives to the other ~y the execution of this Agreement an absolute and unconditional 1 release from all claims whatsoever, in law or in equity which either party now has against the , other. , , , 5. FINANCIAL D1~CLOSURE. 1 1 1 1 The parties represent :and warrant that each have made full and fair disclosure to the 1 other of his or her respective :income, assets and liabilities, whether such are held jointly or in 1 I the name of one party alone. Neither party wishes to make or append hereto any further 1 enumeration or statement. E~ch party warrants that he or she is not aware of any marital asset 1 which is not identified in thi~ Agreement. The parties confirm that each has relied on the accuracy of the financial discl;osure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by , means of appraisals or othervfise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both 1 , parties hereby acknowledge th~t this Agreement is fair and equitable, and the terms adequately provide for his or her interest~, and that this Agreement is not the result of fraud, duress, or undue influence exercised by: either party upon the other or by any person or persons upon , either party. Each party furth~r covenants and agrees for himself and herself and his or her heirs, executors, administrator~ or assigns, that he or she will never at any time hereafter sue the other party or his or her helrs, executors or assigns, in action of contention, direct or indirect, , and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and , independent representation by: legal counsel. , , 6. SEPARA TION-~NTERFERENCE. WIFE and HUSBAND: may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully 1 as if they were unmarried. E~ch 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 8USBAND shall not harass, disturb or malign each other or the respective families of each oth,er. 7, DEBTS. HUSBAND represents: and warrants to WIFE that 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 and demands made against her by , reason of such debts or obli~ations incurred by him since the date of their final separation, February 15, 2005. , WIFE represents and :vvarrants to HUSBAND that in the future she will not contract or incur any debt or liability for Vt(hich HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBANE? harmless from any and all claims and demands made against him by reason of such debt$ or obligations incurred by her since the date of their final separation, February 15, 2005. , 8. RETIREMENT 4SSETS AND PENSION BENEFITS. I , The parties hereto expressly waive any right, title, claim or interest to any retirement 1 I fund of the other, except as otherwise expressly provided herein. This is to include, but not be 1 limited to, any 401 K, profit sha~ing plan, IRA or other pension fund, 1 1 , 1 , 9. LIQUID MARIT~L ASSETS. The parties agree th* they have no joint bank or credit union accounts and that 1 previously existing joint accounts and individual accounts have been divided to their satisfaction. I I Any individual accounts owned by the parties shall become the sole and separate property of 1 the party in whose name the iaccount is currently titled and both parties waive any right they 1 may have to the bank and/or credit union accounts of the other. 1 , , 1 1 10. AUTOMOBILEl. I 1 1 The Ford Escape bou$ht in June 2006, financed only in WIFE'S name shall become the sole and separate property ofiwlFE. WIFE shall be solely responsible for all costs associated 1 with her vehicle to include registration, maintenance and insurance related to the vehicle. 1 The Chevrolet Silvera~o, Honda Civic and Victory Motorcycle in HUSBAND'S name 1 shall become the sole and :separate property of HUSBAND. HUSBAND shall be solely I I responsible for all costs assdciated with his vehicle to include registration, maintenance and I insurance related to the vehicl~. 11. THE MARITAL: HOME. 1 HUSBAND is the owner of a residence which was the marital home ("Property") known I and numbered as 1341 Old \^Jillow Mill Road, Mechanicsburg, PA. Wife agrees hereby to waive 1 any and all right, title, claim o~ interest in said residence by virtue of the marriage and agrees to I execute any document neces~ary to affect said intent. HUSBAND shall be responsible for all expenses, past, present and future associated with ownership of said property. Those expenses include but shall not be limited to any mortgage or other money sec'rlred by the property, real estate taxes, homeowners insurance, , municipal fees or liens, and all:utilities associated with the property. HUSBAND agrees to save WIFE harmless from those obli~ations, past, present and future. 12. HOUSEHOLD qOODS AND PERSONAL PROPERTY. Except as provided herein, the parties agree that they have previously divided the , household goods, and person~1 property to their mutual satisfaction. The parties agree that this distribution of goods and persdnal property is satisfactory and equitable. 13. ALIMONY. HUSBAND and WIFE waive now and forever, any and all right or claim, past or future, to support from the other, whether the claim be in the form of alimony, alimony pendente lite or spousal support. Upon the entry of the Decree in Divorce, the parties agree that each party shall be responsible for his/her own:health insurance costs. 14. COOPERATION. WIFE and HU~BAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of deeds, car titles, and other documents. The parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce ,Decree contemporaneously with the execution of this Agreement. If it is necessary to obtain approval of the Bankruptcy Court to approve the equitable distribution plan contained in this Agreement, HUSBAND shall be responsible for preparation of any pleadings or motions and for their presentation to the Court. 15. LIFE INSURANCE. Each party shall retain any life insurance policies as well as any cash surrender values to those life insurance policies free of any claims, rights or interest of the other party. Each party hereby agrees to waive any right, title and interest to any of said policies and each party shall have the privilege of designating a beneficiary of their choice on any such policy. 16. TAXES AND PAST DUE TAXES. The parties hereto warrant that they have filed all income tax, corporate tax and other tax returns through and including the 2005 tax year. The parties agree that they shall file separate, individual income tax returns for tax year 2006. Each party shall be responsible for any income taxes due and payable and shall be entitled to, free from any claim from the other party, any return received for tax year 2006. 17. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses if the breach is cured within 14 days of a written demand by one party to the other and providing notice of intent to seek counsel fees. Demand shall be adequate if it is sent via certified mail and provides at least fourteen (14) calendar days from the date of mailing for compliance. For purposes of this provision, and in absence of notice to Defendant to the contrary, the presumptive correct mailing address for notice to the Plaintiff shall be: HEATHER CLAWSER 169 Cedar Lane Carlisle, PA 17013 For purposes of this provision, and in absence of notice to the Plaintiff to the contrary, the presumptive correct mailing address for notice to the Defendant shall be: ERNEST A. CLAWSER, III 1341 Old Willow Mill Road Mechanicsburg, PA 17050 In absence of a notice to the other party of change of address, a breaching or alleged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 18. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to further discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; (e) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 19. VOID CLAUSES. 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. 20. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, 21. 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 for herein. 22. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. ~ (} /Jytn/rW tWitness Z--/~ Witness ", ~~~~ ~ / ( . ,. # ~c:...ZC' ECc SE :11 :276133 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CtunJ:u"l.llA~ On the I Jt:i::: day of {}_!oLI/l,...- , 2006, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared HEATHER CLAWSER known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. ss. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. COMMONWEAlTH OF PENNSYlVANIA NOTARIAL SEAL Cassandra T. Rosenbaum, Notary Public Lemoyne Boro., Cumberland County My Commission Expires Dec. 4. 2008 Member, Pennsylvania Assoclation of Notaries ()~A~ Notary Public I COMMONWEALTH OF PENNSYLVANIA COUNTY OF (1.//VC!u.'LLtvKd 55. On the 2S.L, day of WI) ~ , 2006, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared ERNEST A. CLAWSER, III, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. ~~T jJuu~h~ Notary Public ( :J'H OF PENNSYlVANIA SEAL ~ii66iiftOfll f, Ao".nbaum, Notary Public @'1l@YIl8.Doro., Cumberland County ~@mmIHlo" expires Dec. 4. 2008 \ Ill' WfI onof 0 es :276133 v,3 'c ,., ,.....:I ..,..-.} ''':",:) , ..,,'-~ c:) (:) -n --t ~L: -n ni-- r"- ~~~.-~ t:t .)~~-: ~-2 (~) .'pj-q :_) , -A )> :-D -< C-~) --l !"'..) -...J ~;~ CJ en o. ERNEST A. CLAWSER, III, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA VS. CN'lL DIVISION HEATHER 1.-1 CLAWSER : NO. 06-2QOfl CIVIL TERM 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) 3301 (d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Hand Deli very 5/22/06 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 10/24/06 ; by defendant 10 /11 /06 b. (1) Date of execution of the affidavit required by 3301 Cd) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: 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: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: concurrently herc.:i th Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Proiliono~ry: concurrently herewith 2.~. ~'l~ f2 r-.J c::> c:.::-.) cr- ~ ,r"'..... :2 ----l '-, I N o -01 .-1 ::::-n r11p= ~-r\ \"--4; -" :::..... -'- '-", _.'-:\ ~}~~ '~,.; f"/' :~ ;::0 :< C!~) (}1 -J '" "'''''''''' "''''''''''''''''''''''~~ ~~ '" ~ "'~~~~ ~~~~~~~~~~~ ~~~ ~ ~"'~"'~~"'~"'~~~~~~~~~~~~~ ;f '" '" '" ;f '" '" '" '" '" '" '" '" '" '" ~ '" '" '" '" '" ~ '" '" '" '" . '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" ~ ~ ~ '" ~ '" '" '" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. ERNEST A. CLAWSER, III Plaintiff No. 06-2906 VERSUS HEATHER L. CLAWSER, Defendant DECREE IN DIVORCE AND NOW, ~1~ -- , IT IS ORDERED AND --u1)t ") DECREED THAT ERNEST A. CLAWSER, III '" '" '" '" '" '" ~ '" , PLAI NTI FF, AN 0 HEATHER L. CLAWSER, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A Fl NAL ORDER HAS NOT YET BEEN ENTERED; Nonp J. ~~"'~~~ ~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~ ~~~T.T."'~~T.~~T.~~~T.~T.~~"''''~~ PROTHONOTARY (..Jky-wt-~~) _ lIP 'J ~ ~ 1tl-5(/( ,II ,.. /fr':": /In f71 10 - ~d J ..' . . '. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERNEST A. CLAWSER, III , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2906 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Plaintiff v. HEATHER CLAWSER, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff, after the entry of a final Decree in Divorce on the 7th day of November, 2006, hereby intends to resume and hereafter use the prior surname of HEATHER LEIGH THORN, and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309 No. 295, ~702; 54 Pa,C.S.A. 704, as amended. Date: 1/ JJq /drJD(, f I , Si~n 'ture of name bein,a resumed: \, .. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the tlq+..b day of November, 2006, before me, a Notary Public, personally appeared HEATHER CLAWSER to be known as HEATHER LEIGH THORN, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. ~J~~ Notary Public I COMMONWEAlTH OF PENNSYlVANIA NOTARIAL SEAL Cassandra T. Rosenbaum, Notary Public Lemoyne Boro., Gumbertand County My Commission txpires Dec. 4, 2008 Member, Pennsylvania Assoc.iation of Notaries :287586 ~ 1~z ')..) -0 ~ ~ .e.:c> ~ ~ ~ -c:: - (") ~ <:,... ~ff; ~~'~,. ~ ~- - U,e, :?' , f'~ <-:. ~,F, ~~ ~ ~ c:::::I c:::> Ct"' o r" n , ~ ~~ tn :g~ Ot?> :::J -r, -0') :n 3 >;::~ r 9 . . ';l?' o ~ 0>