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.VICKI M. . CLOUSER,
Plaintiff
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.RODNEY L. CLOUSER,
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DECREE IN
DIVORCE
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AND NOW, . . ~~Vt,..,..,{.,p'",. .IS, , ,. ,.' " 19 ,1,'i.., it is ordered and
decreed that.. . , y~~!<~. !'l." ~W!J?)::~. . . . . .. . , , ..... .. .. .... .. . . .., plaintiff,
and, " '. .~QNE;'( .r.. .C;LOll~F;ij, , " '., '. , .. " .' , "" . , " , .,., .. .., defendant,
are divorced from the bonds of matrimony.
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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IN THE COURT OF COMMON'PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
NO. 320
19J4
CIVIL
VICKI M. CLOUSER,
Plaintiff
vs.
RODNEY L. CLOUSER,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
1.
Ground for divorce:
3301
irretrievable breakdown under Section (~c))
~gg,
(~~} (1) of the Divorce Code. (Strike out inapplicable section.)
2. Date and manne~ of service of the complaint: CertifiPd ~ill
ReRtrictcd Delivery: Return Receint ReoueRtcd (!lee J\ttAChc>.d F.xhihit "11"1
3. (Complete either paragraph (a) or (b) .)
(a) Date of execution of the affidavit of consent required by Section
3301
~(c) of the Divorce Code: by the plaintiff
November 8, 1994
by defendant
November 8. 1994
(b) (1) Date of execution of the plaintiff's affidavit required by
33pl
Section ~(d) of the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending:
None.
5. Indicate date and manner of service of the notice of intention to file
33tH
praecipe to transmit record, and attach a copy of said notice under section~
(d)(l)(i) of the Divorce Code.
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Rodney L. Clouser
'447 Hunters Road
.Newville, PA 17241
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VICKI M. CLOUSER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. '3.:Jo:>
CIVIL 1994
RODNEY L. CLOUSER,
Defendant
IN DIVORCE
NOTICE
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 Court House, High and Hanover Street, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE
PROPERTY, LAWYER'S FEES
ANNULMENT IS GRANTED, YOU
THEM.
A CLAIM FOR
OR EXPENSES
MAY LOSE THE
ALIMONY, DIVISION
BEFORE A DIVORCE
RIGHT TO CLAIM ANY
OF
OR
OF
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 Court Administrator
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
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VICKI M. CLOUSER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 3.20
CIVIL 1994
RODNEY L. CLOUSER,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301tcl
OR 330ltdl OF THE DIVORCE CODE
1. Plaintiff is Vicki M. Clouser, who currently resides
at P.O. Box 916, Carlisle, Cumberland County, Pennsylvania
17013.
2. Defendant is Rodney L. Clouser, who currently resides
at 447 Hunters Road, Newville, Cumberland County, Pennsylvania
17241.
3. Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six months immediately
previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on
October 1, 1978 in Carlisle, Cumberland County, Pennsylvania.
SAlOIS, GUIOO
& MASLANJ)
26 w. Hish SUl>c1
Carli~le. I)A
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The Plaintiff has been advised of the availability of
marriage counseling and the Plaintiff may have the right to
request that the Court require the parties to participate in
counseling. Having been so advised Plaintiff does not desire
the Court to order counseling.
7. The marriage is irretrievably broken.
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WHEREFORE, Plaintiff requests Your Honorable Court to
enter a decree in divorce.
Johnna . Dei " Esquire
Attorn y for aintiff /
SAID ,GUIDO & MASLA~
26 West High Street'
Carlisle, PA 17013
(717) 243-6222
SAlOIS, GUmo
& MASI.ANn
26 W. Jligh Sltl'.:1
Carli!llc:. Pt\
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VICKI M. CLOUSER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
CIVIL 1994
RODNEY L. CLOUSER,
Defendant
IN DIVORCE
AFFIDAVIT
I, Vicki M. Clouser
depose and say:
(1) I have been advised of the availability of marriage
, being duly sworn according to law,
counselling and understand that I may request that the court
require that my spouse and I participate in counselling.
(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 counselling prior
to a divorce decree being handed down by the court.
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:
;fnW'l.1'7 19 199'{
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Vicki M. Clouser , Plaintiff
SAlOIS. GUmO
'" MASLANU
26 w. High SUC\.'1
Carlisle. PA
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VERIFICATION
I verify that the statements made in this Complaint are
true and correct. I understand that false statements herein
are made subject to the penalties of 16 Pa. C.S. Section 4904,
relating to unsworn falsification to the authorities.
DATED: ~ \\\CI\q4
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Vicki M. Clouser, Plaintiff
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SAlOIS. GUIDO
& MASLAND
26 W. High StrcC:1
Carlisle. P A
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 320 CIVIL 1994
VICKI M. CLOUSER,
Plaintiff
RODNEY L. CLOUSER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT TO DIVORCE
(1) A Complaint in divorce under Section 3301(c) of the
Divorce Code was filed on January 26, 1994.
(2) Defendant acknowledges that service of the Complaint
was made by certified mail on January 29, 1994.
(3) The marriage of plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date
of filing the Complaint.
(4) 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.
(5) I consent to the entry of a final decree of divorce.
(6) I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has
not been filed with the court before the entry of a final
decree in divorce, the right to claim any of them will be lost.
(7) I have been advised of the availability of marriage
counselling and understand that I may request that the court
require that my spouse and I participate in counselling. Being
so advised, I do not request that the Court require that my
spouse and I participate in counselling 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
SAIDIS.GUIDO are made subject to the penalties of 18 Pa. C.S. Section 4904
& MASI.ANU relating to urf;worn falsification to authorities.
26 w. High Slrl'Cl
CarlisiC'. PA
Dated: 4e-.Iu, ~, /qq!
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Rodney . Clouser, Defendant
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VICKI M. CLOUSER, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 320 CIVIL 1994
RODNEY L. CLOUSER,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
(1) A Complaint in divorce under Section 3301(c) of the
Divorce Code was filed on January 26, 1994.
(2) The marriage of Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date
of filing the Complaint.
(3) I consent to the entry of a final decree of divorce.
(4) 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.
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:~\~l\
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Vicki M. Clouser, Plaintiff
SAIDIS. Gumo
& MASLANU
26 W. High SUCCI
Carli\le. P,\
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VICKI M. CLOUSER, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
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.
V. . NO. 320 CIVIL 1994
.
.
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RODNEY L. CLOUSER, . IN DIVORCE
.
Defendant .
.
ORDER OF COURT
AND NOW, this ,1~ day of July, 1994, upon consideration of
Plaintiff's Petition for Special Relief, the request that the Court
order Defendant to execute an affidavit of consent is DENIED and a
Rule is ISSUED upon Defendant to show cause why he should not be
ordered to pay Plaintiff's attorney's fees in the amount of $200.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Johnna J. Deily, Esquire
Attorney for Petitioner
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SAIDIS, GUIDO, I
SHUFF & ,
MASLAND i
26 W. High 511<.1 II
CArlisle. PA ,:
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VICKI M. CLOUSER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 320 CIVIL 1994
IN DIVORCE
v.
RODNEY L. CLOUSER,
Defendant
RULE TO SHOW CAUSE
The Rule is entered this
day of
, 1994,
upon you to show cause why the Affidavit of Consent should not be
executed by Respondent, and attorney's fees should not be paid
for the breach of the Property Settlement Agreement in an amount
in excess of $200.00.
Rule Returnable
days after service.
BY THE COURT:
J.
SAIDIS, GUIDO,
SHUFF &
MAS LAND
26 W, High 5.n:c1
Carlisle, PA
VICKI M. CLOUSER, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 320 CIVIL 1994
:
RODNEY L. CLOUSER, IN DIVORCE
Defendant
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PETITION FOR SPECIAL RELIEF
AND NOW, comes the Petitioner, Vicki M. Clouser, by and
Saidis,
Guido,
attorneys
Shuff
& Masland,
and
respectfully avers the following in support of her Petition for
Special Relief:
1. Your Petitioner is Vicki M. Clouser, an adult individual
I residing at P.O. Box 916, Carlisle, PA 17013, the Plaintiff in a
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divorce complaint filed to the above term and number.
2.
Respondent
is
Your
Rodney
Clouser,
L.
an
adult
individual residing at 447 Hunters Road, Newville, PA 17241, the
Defendant in a divorce complaint filed to the above term and
number.
3. On or about January 13, 1994, the Petitioner and the
a marriage settlement agreement as
I Respondent entered into
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prepared by Respondent's attorney; a copy of said agreement is
attached hereto and made a part hereof marked as Exhibit "A".
4.
Pursuant to said agreement, paragraph 14 provides the
" following:
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The parties had agreed to cooperate with each other in
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obtaining a final divorce of the marriage, and it is agreed
that the parties will execute and file the consents
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necessary to obtain the divorce. Any party who fails to
~ cooperate obtaining the divorce shall pay all the costs and
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SAID IS, GUIDO,
SHUFF &
MAS LAND
26 W, IIigh 51reel
Cnrli5Je. I'A
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legal fees of the party that ia seeking the divorce.
Otherwise, each party shall pay all of their own respective
counsel fees.
5. The Divorce Complaint was filed by the Plaintiff on or
about January 26, 1994, and was received by the Respondent on
January 29, 1994.
II 6. On or about May 2, 1994, the ninety day time frame has
I elapsed for the irretrievable breakdown of the marriage.
7. On or about May 2, 1994, Petitioner through her attorney
sent a letter with a copy of the Affidavit of Consent to be
executed by the Respondent to Respondent's attorney, Marcus A.
I McKnight, Esquire; a copy of said letter is attached hereto and
I
made a part hereof marked as Exhibit "B".
8.
After hearing nothing, on or about May 18, 1994, the
Petitioner through her attorney again contacted Respondent I s
I counsel to see if he would execute an Affidavit of Consent; a
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copy of said letter is attached hereto and made a part hereof
marked as Exhibit "C".
9 .
Neither Respondent nor his counsel have responded to the
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Divorce Complaint in breach of said marital agreement.
10.
The Petition has spent $200.00 in counsel fees, and will
i' spend more, in an effort to get the Respondent to execute an
I Affidavit as was promised as part of the agreement.
WHEREFORE, the petitioner respectfully requests Your Honorable
Court to enter an Order requiring Respondent to execute an
Affidavit of Consent, to reimburse the Petitioner of the counsel
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fees which were incurred as a result of his breach.
Respectfully submitted,
SAIDIS, GUI , SHUFF & MASLAND
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Dated:
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Attorney for the Petitioner
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SAIDIS, GUIDO, I
SHUFF & I
MASLAND II
26 W, High 51n:c. 1,1
Carlisle. PA
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VERIFICATION
I verify that the statements made in this Petition 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 the authorities.
DATED:
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Vicki M. Clouser, Plaintiff
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SAID IS. GUIDO, I
SHUFF & 11
MAS LAND I
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Carlisi.. PA
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V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
320 CIVIL 1994
VICKI M. CLOUSER,
Plain tilT
.
.
RODNEY L CLOUSER,
Defendant
IN DIVORCE
ANSWER TO PETITION
FOR SPECIAL RELIEF
AND NOW comes the respondent, Rodney L. Clouser, by his attorneys, Irwin,
McKnight & Hughes and makes the following Answer to the Petition for Special Relief.
1.
The avennents off act contained in paragraph one (1) of the petition are admitted.
2.
The avennents offact contained in paragraph two (2) of the petition are admitted.
3,
The avennents of paragraph three (3) of the petition are admitted in part and denied in
part, It is admitted that on or about January 13, 1994, the respondent prepared and executed a
Marriage Settlement Agreement. It is denied that a final agreement was ever executed, The
petitioner changed the Marriage Settlement Agreement by modifYing the medical coverage which
the respondent had enjoyed, The respondent never consented to the change, A copy of the
, .
. .
altered provision is attached to this Answer and marked Exhibit "A". There is no final Marriage
Settlement Agreement.
4.
The averments of fact of paragraph four (4) is admitted.
5,
The averments offaet of paragraph five (5) are admitted,
6.
The averments of fact of paragraph six (6) are admitted.
7.
The averments offact of paragraph (7) are admitted,
8,
The averments of paragraph eight (8) are denied, Counsel for the petitioner was
contacted and told emphatically that not only was the change unacceptable but that the petitioner
had unilaterally ended the insurance coverage on January I, 1994, without notifYing the
respondent causing loss of coverage and considerable expense to replace it in February when he
discovered his loss of coverage.
9.
The averments of paragraph nine (9) are denied since the Agreement was never finalized.
. .
. .
10,
The request for counsel fees is inappropriate where the parties never finally executed the
agreement.
WHEREFORE the respondent requests that the petition be dismissed.
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Exhibit" A"
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all right, title, and claim to any of WIFE'S employee benefils, 8Ilc<:pt that 'NIFE .arltl to
-maintaiR UT T4i:R A "-'" 8ft her health and dental in.nuQII"'" ..14ft tM8t1P her pla~' of ImploY"""JlJ
tlfttil the dbtll <:" ;~ Mal,
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13,
BENEFITS AND B,.\NK ACCOUNTS: WIFE agrees to waive all right, title and
interest which she may have in the savings or checking or any other bank accounts of the
HUSBAND, The HUSBAND agrees to waive all interest which he has in the bank accounts of
the WIFE,
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce, Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce, Otherwise each party shall pay all
of their own respective counsel fees,
IS,
JlREACH: If either party breaches any provisions of this Agreement, the other party shall
have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract should
be responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
6
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CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III. do certifY that I have sent a true and correct copy of the
Answer of the Respondent to the Petition for Special Relief by first class United States Mail,
postage prepaid in Carlisle, Pennsylvania upon the following:
JOHNNA J. DEILY, Esquire
SAlOIS, GUIDO, SHUFF & MASLAND
26 West High Street
Post Office Box 560
Carlisle, PA 17013
Attorney for the Plaintiff
August 10, 1994
By'
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