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IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND
COUNTY
STATE OF
CAROLINE E. SAMPSON
Plaintiff
Versus
nRAYMOND,.A.
_SAMPSON"""
Defendant
PENNA,
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DECREE IN
DIVORCE
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AND NOW,
it is ordered and
decreed that.. . . . .. . . . . .~~~9)l..I.I:\!~. ~.'. .1?N'l.~1i9~. . . . . . . . . .. .. . " plaintiff.
and . . . . . .. . . . . . . .. . . R1Wl:19N.Q .~.. ..~l)J':1fp.Ql':l. . . . . . . . . . .. . . . . . " defendant.
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of resor5!.!n..!his action for which a final order has not yet
been entered; ~
AND IT IS FURTHER ORDERED, that the terms, conditions and
c:<?;:e?:il:r;t~:,. .E!e;~. .~C?~t!'. .~r;t. :t.~~. :":r.~ 1;.~~? .~~?)?e:~'!:Y. .~~~:t.l.~~~?t: .J?<,r:r.~~~~?t
maue and entered 1nto by the parties on October 9, 2000, are
incoLpora~ed.into.thi5.Decree.by.~efererrc ~ e~o,.hut.no~.merged
into t is Decree.
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Caroline E. Sampson
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
Ravmond A. Sampson
Defendant
NO. 2000 - 724 Civil Term
DOMESTIC RELATIONS ORDER
This Order is made pursuant to State domestic relations law and relates to the provision of
marital property rights to the Alternate Payee who is or was the spouse of the Participant. This
Order creates or recognizes the existence of the right of the Alternate Payee to receive a portion of
the Participant's Deferred Compensation.
1. Definitions
For the purposes ofthis Order, each term below has the meaning stated by this part.
"Administrative Service Agency" means Copeland Associates, Inc. or the other person contracted
by the Plan Administrator to provide services regarding the Plan.
"Alternate Payee" means Caroline E. Sampson, 401 South College Street, Carlisle, PA 17013, who
certificates that her Social Security Number is 202-36-5701.
"Order" means this document when properly entered as an Order of a court having jurisdiction
over both the Participant and the Alternate Payee.
"Participant" means Raymond A. Sampson, 1473 Lutztown Road, Boiling Springs, PA 17007, who
certifies that his Social Security Number is 199-34-8360.
"Plan" means the Deferred Compensation Plan for Officers and Employees of the Commonwealth
of Pennsylvania.
"Plan Administrator" means the Pennsylvania State Employes' Retirement Board, an independent
administrative board of the Commonwealth of Pennsylvania.
"Separate Plan Account" means the sub-account of the Participant's Plan Account that the Plan
Administrator causes to be maintained for the benefit ofthe Alternate Payee consistent with this
Order.
All other capitalized terms have the meaning provided by the Plan.
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Page 2
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2. Division of Deferred Compensation
The Alternate Payee hereby is awarded an interest in the Participant's Plan Account.
Upon the Plan Administrator's determination that this Order is a Plan-approved Domestic
Relations Order, the Administrative Service Agency shall set apart 100% ofthe Participant's Plan
Account as of the date that the Administrative Service Agency determines that the executed
Order constitutes a Plan-approved Domestic Relations Order and direct that amount into a
Separate Plan Account for the Alternate Payee.
After the division provided by the preceding paragraph, the Plan's charge ($250.00) for the Plan
Administrator's expense in processing this Order shall be charged against the Alternate Payee's
Separate Plan Account.
During the period after the Alternate Payee's Separate Plan Account is established and before a
distribution is payable, the Alternate Payee may direct the investment of her Separate Plan
Account according to the Plan's provisions and procedures.
The Alternate Payee's Separate Plan Account shall not receive an allocation of any contributions
or credits made by the Participant or any employer.
Upon the Participant's death or Separation-from-Service, the Alternate Payee shall become
entitled to a distribution of her Separate Plan Account. The Alternate Payee may elect any
distribution and Payout Option that meets all requirements of the Plan. Not later than 60 days
after the date that the Alternate Payee has notice of the Participant's death or Separation-from-
Service, the Alternate Payee shall file with the Administrative Service Agency a written claim
that includes the Alternate Payee's irrevocable election of her Distribution Commencement Date.
Not later than 15 days before the Distribution Commencement Date, the Alternate Payee shall
file with the Administrative Service Agency her irrevocable election of her Payout Option.
The Participant is ordered to furnish to the Alternate Payee a written notice of the fact of his
Separation-from-Service not later than 5 days after the date of the Participant's Separation-from-
Service.
The Participant is ordered to keep a copy of this Order together with those personal papers that
he sets aside for his personal representative or family to find upon his death. The Participant's
personal representative is ordered to furnish to the Alternate Payee a written notice of the fact of
the Participant's death not later than 5 days after the date that the personal representative has
knowledge of the Participant's death.
Any rights not paid before the Alternate Payee's death shall be payable to the duly appointed and
then-currently serving Personal Representative of the Alternate Payee's estate.
On and after the date of establishment of the Alternate Payee's Separate Plan Account, the
Participant shall have no further right or interest in the portion of Participant's Plan Account that
is properly directed to the Alternate Payee's Separate Plan Account; and the Alternate Payee shall
have no right or interest in the portion of the Participant's Plan Account that is not directed to the
Alternate Payee's Separate Plan Account.
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Page 3
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Nothing in this Order shall restrict the Participant's rights to obtain a distribution under the Plan
or to designate a Beneficiary under the Plan with respect to the portion of his Plan Account other
than the Alternate Payee's Separate Plan Account.
3. Tax Treatment
Nothing in this Order shall have any effect concerning any party's tax treatment, and nothing in
the Order shall direct any person's tax reporting or withholding.
4. General Provisions and Restrictions
The Plan Administrator and the Administrative Service Agency and any person subject to the
direction of either of them shall not apply any provisions that would require the Plan
Administrator or the Administrative Service Agency to calculate the amount to be directed to the
Alternate Payee's separate sub-Account in a manner not readily calculable by the Administrative
Service Agency according to its currently available records and without regard to any records for
any accounting period that is an account stated or otherwise settled by the application of the Plan.
When establishing the Alternate Payee's Separate Plan Account, the Plan Administrator shall
first redeem amounts pro rata from all investment options other than life insurance held for the
Participant's Plan Account, and shall redeem amounts from a life insurance policy only if
necessary to obtain the amount that this Order provides for the Alternate Payee.
If the Alternate Payee receives a Confirmation or Account statement that shows the amount of the
Participant's Plan Account directed to the Alternate Payee's Separate Plan Account and the
Alternate Payee does not object within the time specified by the Plan for objections to an Account,
the amount provided is an account stated as to the Alternate Payee to the fullest extent provided
by the Plan and further shall be deemed a correct division consistent with this Order.
If the Participant receives a Confirmation or Account statement that shows the amount of the
Participant's Plan Account directed to the Alternate Payee's Separate Plan Account and the
Participant does not object within the time specified by the Plan for objections to an Account, the
amount directed is an account stated as to the Participant to the fullest extent provided by the
Plan and further shall be deemed a correct division consistent with this Order.
The Alternate Payee's Separate Plan Account shall bear all fees and expenses as though the
Alternate Payee were a Participant.
This Order shall not require this Plan to provide increased Deferred Compensation.
Any Distribution to the Alternate Payee becomes payable only after the Participant's death or
Separation-from-Service and only upon the Alternate Payee's written claim made to the Plan
Administrator or the Administrative Service Agency.
This Order shall not require this Plan to provide any type or form of benefit or any option not
otherwise provided under this Plan.
,( ..' ,
'DRO . .
Page 4
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Any provision of this order that would have the effect or requiring any Distribution to or Separate
Plan Account for an Alternate Payee of Deferred Compensation that is required to be paid or
payable to another person under any other court order is void.
Any provision in this Order that relates to any employee benefit plan other than the Plan is void.
Without limiting the comprehensive effect of the preceding sentence, any provision relating to any
pension plan, retirement plan, deferred compensation plan, health plan, welfare benefit plan, or
employee benefit plan other than this Plan is void.
The Plan Administrator may assume that the Alternate Payee named by the Order is a proper
payee and need not inquire into whether the person named is a spouse or former spouse of the
Participant.
5. Giving Effect To This Order
The attorney for the Alternate Payee shall furnish this Order to the Administrative Service
Agency.
EXECUTED this il4--day of ~ ,7MP
PLAINTIFF/ALTERNATE PAYEE
DEFENDANT/P
CONSENT TO ORDER:
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Signatur r
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ATIO&NEY FOR PLAINTIFF/ALTERNATE
PAYEE
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PARTICIPANT
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CAROLINE E. SAMPSON,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000 - 724 CIVIL TERM
RAYMOND A. SAMPSON,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PROPERTY SETTLEMENT AGREEMENT
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PROPERTY SETTLEMENT AGREEMENT
fHL day of a~)
2000, by and between RAYMOND A. SAMPSON, hereinafter referred to as
"Husband", and CAROLINE E. SAMPSON, hereinafter referred to as "Wife".
. .-
THIS AGREEMENT, Made this
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on April 4, 1970;
and
WHEREAS, the parties have two children; Joseph A., born March 1,
1966 and Raymond Jonathan, born December 14, 1979; and
WHEREAS, certain differences have arisen between the parties as a
result of which they have separated and now live separate and apart from one
another, and are desirous, therefore, of entering into an Agreement which will provide
for support, distribute their marital property, and will provide for their mutual
responsibilities and rights growing out of the marriage relationship; and
WHEREAS, the parties hereto, after being properly advised by their
respective counsel, Husband by his attorney, Samuel L. Andes, and Wife by her
attorney, Sandra L. Meilton, have come to the following agreement.
NOW THEREFORE, in consideration of the above recitals and the
following covenants and promises mutually made and mutually to be kept, the parties
heretofore, intending to be legally bound and to legally bind their heirs, successors
and assigns thereby, covenant, promise and agree as follows:
1. SEPARATION:
It shall be lawful for each party at all times hereafter to live
separate and apart from the other at such place or places as he or she may from time
to time choose or deem fit.
2. INTERFERENCE:
Each party shall be free from interference, authority and contact
by the other, as fully as if he or she were single ahd unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither party shall molest
the other nor attempt to endeavor to molest the other, nor compel the other to
cohabit with the other, nor in any way harass or malign the other, nor in any way
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interfere with the peaceful existence, separate and apart from the other in all respects
as if he or she were single and unmarried.
3. WIFE'S DEBTS:
Wife represents and warrants to Husband that since their
separation on January 4, 2000, 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
shall indemnify and save Husband harmless from any and all claims or demands made
against him by reason of debts or obligations incurred by her.
4. HUSBAND'S DEBTS:
Husband represents and warrants to Wife that since their
separation on January 4, 2000, 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 shall
indemnify and save Wife harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
5. OUTSTANDING MARITAL DEBTS:
Husband and Wife acknowledge and agree that they have no
outstanding debts and obligations of the Husband, Wife or Husband and Wife
incurred prior to the signing of this Agreement. In the event that either party
contracted or incurred any debts prior to the parties' separation, the party incurring
such debt shall pay the outstanding obligation and further agrees to indemnify and
save harmless the other from any and all claims and demands made against either of
them by reason of such debts or obligations.
6. MUTUAL RELEASE:
Subject to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or herself, and his
or her heirs, legal representatives, executors, administrators and assigns, release and
discharge the other of and from all causes of action, claims, rights or demands
whatsoever in law or equity, which either of the parties ever had or now has against
the other, except any or all cause or causes of action for divorce and except in any or
all causes of action for breach of any provisions of this Agreement. Subject to the
provisions of this Agreement each party waives his or her right to alimony and
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equitable distribution of property notwithstanding the Pennsylvania "Divorce Code"
known as Act No. 26-1980 and as amended by Act No. 13-1988. Each party also
waives his/her right to request marital counseling pursuant to 23 Pa.C.S.A. Section
3302.
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 23 Pa.C.S.A. Section 3501 m;.
seq., and taking into account the following considerations: the length of the
marriage; the fact that it is the first marriage for both Husband and Wife, 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 future 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 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 effected 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:
Except as may be otherwise provided herein, the parties hereto
mutually agree that they have effected a satisfactory division of the furniture,
household furnishings, appliances, and other household personal property between
them, and they mutually agree that each party shall from and aher the date hereof be
the sole and separate owner of all such tangible personal property presently in his or
her possession, except as set forth in Exhibit "A" attached hereto, which items shall
be distributed in accordance with Exhibit "A", and this Agreement shall have the
effect of an assignment or bill of sale from each party to the other for such property
as may be in the individual possession of each of the parties hereto and as set forth
in Exhibit "A". .
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The parties hereto have divided between themselves, to their
mutual satisfaction, all items of tangible and intangible marital property. Neither
party shall make any claim to any such items of marital property, or of the separate
personal property of either party, which are now in the possession and/or under the
control of the other, or which property will be distributed in accordance with Exhibit
"A" attached hereto. Should it become necessary, the parties each agree to sign,
upon request, any titles or documents necessary to give effect to this paragraph.
Property shall be deemed to be in the possession or under the control of either party
if, in the case of tangible personal property, the item is physically in the possession or
control of the party at the time of the signing of this Agreement and, in the case of
intangible personal property, if any physical or written evidence of ownership, such
as passbook, checkbook, policy or certificate of insurance or other similar writing is in
the possession or control of the party. Except as may be otherwise provided herein,
Husband and Wife shall each be deemed to be in the possession and control of his or
her own individual pension or other employee benefit plans or retirement benefits of
any nature with the exception of Social Security benefits to which either party may
have a vested or contingent right or interest at the time of the signing of this
Agreement, and neither will make any claim against the other for any interest in such
benefits.
From and after the date of the signing of this Agreement, both
parties shall have complete freedom of disposition as to his/her separate property and
any property which is in their possession or control 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. DISTRIBUTION OF REAL ESTATE:
Wife agrees to transfer to Husband immediately upon the signing
of this Agreement, all of her interest in and title to their jointly-owned real estate at
1473 Lutztown Road, Boiling Springs, Cumberland County, Pennsylvania, in
exchange for which Husband agrees to be solely responsible for the payment of all
future liens on said real estate, taxes, insurance and utility bills relative to said real
estate.
C. TAX LIABILITY:
The parties hereby agree and express their intent that any
transfer of property pursuant to this Agreement shall be within the scope and
applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically,
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the provisions of said Act pertaining to the transfers of property between spouses
and former spouses. The parties agree to sign and cause to be filed any elections or
other documents required by the Internal Revenue Service to render the Act
applicable to the transfers set forth in this Agreement without recognition of gain on
such transfer and subject to the carry-over basis provisions of the said Act.
8. PENSION AND RETIREMENT PLAN:
The parties agree that Husband is currently employed by PHEAA
and has a pension with the State Employes' Retirement System (SERSI and has a
Copeland Deferred Compensation Plan and that Wife is currently employed on a part-
time basis by the Cumberland VaHey School District and has no pension benefits as a
result of that part-time employment and have exchanged information about those
assets and their values.
The parties agree that Husband shall receive his entire SERS
pension and Wife hereby waives any right, title and interest she may have thereto,
and in return for Wife's waiver of her interest in the SERS pension, Husband shall
transfer his entire Copeland Deferred Compensation Account to Wife as set forth in
Paragraph 9 below and Husband, in addition to transferring the Copeland Fund to
Wife shall also pay to Wife $22,000. The $22,000 payment shall be paid by
Husband to Wife upon the settlement on his loan to refinance the home as provided
herein below, but in any event, shall not be paid to Wife later than 120 days from the
date of the signing of this Agreement. (See Paragraph 14 below.)
9. COPELAND DEFERRED COMPENSATION ACCOUNT:
Husband is the owner of a Copeland Deferred Compensation
Account valued in excess of $100,000. The full and entire value of this account
shall be transferred to Wife through a Domestic Relations Order. The Domestic
Relations Order shall be prepared by Harry M. Leister, Jr., F.S.A. of Conrad M. Siegel,
Inc. The expense incident to the preparation of the Domestic Relations Order shall be
paid by Husband.
Wife's agreement to accept the full value of the Copeland
Deferred Compensation Account and to waive her interest in Husband's SERS
Account is contingent upon a number of factors including, but not limited to, the
following:
(al That Wife receives the entire Copeland Deferred
Compensation Account;
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(b) That the Plan permits the Copeland Deferred
Compensation Account to be transferred to Wife through the use of a Domestic
Relations Order and permits her to control the account once it is transferred, to the
same extent that Husband can control the account prior to the transfer;
(c) That the transfer is made without tax consequences
to either party;
(d) That the Plan will pay any funds in the alternate
payee's account to the estate of the alternate payee upon the alternate payee's
death; and
(e) Wife shall have full rights as alternate payee to the
Plan and Husband waives all of his right, title and interest to said Plan.
10. INDIVIDUAL RETIREMENT ACCOUNTS:
The parties also each own a Roth Conversion Individual
Retirement Account (IRA), Husband's account number is HG 7764-4157 and Wife's
account number is HG 7765-5268. These accounts are listed on Exhibit "B" and
shall be distributed to each party as set forth on this schedule. The parties
acknowledge and agree that he or she waives any right, title and interest in the IRA
accounts, except as set forth on Exhibit "B"
11. FINANCIAL ACCOUNTS. STOCK ACCOUNTS AND OTHER
INVESTMENT ACCOUNTS:
The parties acknowledge and agree that they own various
financial accounts, stock interests and other financial accounts, some of which are
titled in joint names, some of which are titled in separate names and some of which
have been liquidated after the date of separation. Exhibit "B" lists the distribution of
all such accounts and investments of the parties. To the extent that Exhibit "B"
assigns an asset to either party, the other party hereby waives all right, title and
interest to that asset.
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12. MOTOR VEHICLES:
With respect to the motor vehicles owned by one or both of the
parties, they agree as follows:
(a) the 1997 Dodge Caravan shall become the sole and
exclusive property of Wife free and clear of all liens and encumbran~e;;'
(b) the 1991 Dodge Dynasty shall become the sole and
exclusive property of Husband free and clear of all liens and encumbrances; and
(c) the 1996 Ford Taurus, which is titled in Husband's
name, but driven by the parties' son, Raymond Jonathan, shall become the sole and
exclusive property of Husband free and clear of all liens and encumbrances. It is the
intent of the parties that this vehicle shall be transferred to Raymond Jonathan at a
time deemed appropriate by both parties; and
(d) the titles to the said motor vehicles shall be
executed by the parties, if appropriate for effecting transfer as herein provided, on
the dllte of execution of this Agreement and the said executed title shall be delivered
to the proper parties on the distribution date.
13. CASH PAYMENT:
In consideration for the covenants and promises set forth in this
Agreement and in consideration for the distribution set forth on Exhibit "8" of this
Agreement, Husband shall pay to Wife $99,695.51. (i.e. $77,695.51 determined
from Exhibit 8, $22,000.00 for the pension differential set forth in Paragraph 8
above). Husband shall pay said sum to Wife upon his refinancing of the mortgage
against the marital residence but in no event later than 120 days from the date of the
signing of this Agreement.
14. ALIMONY:
Husband agrees to pay to Wife the sum of $10,800.00
simultaneous with the signing of this Agreement in return for which Wife agrees to
waive all of her right, title and interest to alimony. The amount paid to Wife shall not
be deemed alimony and shall not be taxable to Wife nor deductible to Husband.
Further, both parties acknowledge and agree that the provisions
of this Agreement providing for equitable distribution of marital property are fair,
adequate and satisfactory to them and are accepted by them in lieu of and in full and
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final settlement and satisfaction of any claims or demands that either may now or
hereafter have against the other for support, maintenance or alimony. Husband and
Wife further, voluntarily and intelligently waive and relinquish any right to seek from
the other any payment for support or alimony.
15. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES:
Husband and Wife acknowledge and agree that the provisions of
this Agreement providing for the equitable distribution of marital property of the
parties are fair, adequate and satisfactory to them. Both parties agree to accept the
provisions set forth in this Agreement in lieu of and in full and final settlement and
satisfaction of all claims and demands that either may now or hereafter have against
the other for alimony pendente lite, counsel fees or expenses or any other provision
for their support and maintenance before, during and after the commencement of any
proceedings for divorce or annulment between the parties.
16. INCOME TAX PRIOR RETURNS:
The parties have heretofore filed joint federal and state tax
returns. Both parties agree that in the event any deficiency in federal, state or local
income tax is proposed, or any assessment of any such tax is made against either of
them, each will indemnify and hold harmless the other from and against any loss or
liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense
incurred by one party as a result of incomplete, inaccurate or otherwise deficient
reporting of income or deductions by the other party shall be paid solely and entirely
by the individual who is finally determined to be the cause of the misrepresentations
or failures to disclose the nature and extent of his or her separate income on the
aforesaid joint returns.
As a result of the liquidation of marital assets in 1999, the parties
incurred a capital gains tax of $3,600.00. Husband has paid the capital gains tax
and Wife agrees to pay him $1,800.00, which amount represents fifty /50%) percent
of the capital gain tax incurred by the parties. This $1,800.00 amount owed from
Wife to Husband has been subtracted from the cash payment provision set forth in
Paragraph 14 above and the amount owed by Husband to Wife has been reduced by
$1,800.00.
- B -
" --
..4
17. COLLEGE EDUCATION:
The parties agree that they shall share the cost of their son,
Raymond Jonathan Sampson's, college education in an amount up to but not
exceeding Twelve Thousand ($12,000) Dollars per year, for a four year period, pro
rata based on their incomes. The total combined parental obligatlon..is $12,000.00
per year and is not to be interpreted as $12,000.00 per year, per parent. Unless
agreed to otherwise by the parties, the four-year period shall run consecutively
following their son's graduation from high school.
18. BOOK ROYALTIES:
During the course of the marriage, Wife began to write a book
but gave up the endeavor during the marriage. At the time of the signing of this
Agreement, Wife has no completed projects and has not attempted to contact any
publishers with regard to the book which she had been writing.
19. COBRA:
Husband shall take all steps necessary to assure that Wife
receives a Cobra notification so that she can continue to receive health insurance on
the parties' current plan which is provided by Husband's employer. All notices
incident to Cobra shall be mailed to Wife at the following address:
P.O. Box 95
Boiling Springs, PA 17007-0095
20. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may dispose of
his or her property in any way, and each party hereby waives and relinquishes any
and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a
result of the marital relationship, including without limitation, dower, curtesy,
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. Each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or advisable to carry into
effect this mutual waiver and relinquishment of all such interests, rights and claims.
- 9 -
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21. MUTUAL CONSENT DIVORCE:
The parties agree and acknowledge that their marriage is
irretrievably broken, that they do not desire marital counseling, and that they both
consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section
3301 (c). Accordingly, both parties agree to forthwith execute such consents,
affidavits, or other documents and to direct their respective attorneys to forthwith file
such consents, affidavits, or other documents as may be necessary to promptly
proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301 (c). Upon
request, to the extent permitted by law and the applicable Rules of Civil Procedure,
the named defendant in such divorce action shall execute any waivers of notice or
other waivers necessary to expedite such divorce.
It is the intention of the parties that the Agreement shall survive
any action for divorce which may be instituted or prosecuted by either party and no
order, judgment or decree of divorce, temporary, final or permanent, shall affect or
modify the financial terms of this Agreement. This Agreement shall be incorporated
in but shall not merge into any such judgment or decree of final divorce, but shall be
incorporated for the purposes of enforcement only.
22. BREACH AND ENFORCEMENT:
If either party breaches any provision 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 Agreement shall be responsible for payment of legal fees and
costs incurred by the other in enforcing his or her rights under this Agreement.
23. THIRD PARTY BENEFICIARIES:
Husband and Wife agree that it is not their intention in this
Agreement that any other individuals, including their children, be third party
beneficiaries of this Agreement at this time or at any time in the future.
24. 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 that may be reasonably required to give full force and effect to the
provisions of this Agreement.
- 10 -
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25. TAX ADVICE:
Both parties hereto hereby acknowledge and agree that they have
had the opportunity to retain their own accountants, certified public accountants, tax
advisor, or tax attorney with reference to the tax implications of thiS Agreement.
Further, neither party has been given any tax advice whatsoever by their respective
attorneys. Further both parties hereby acknowledge that they have been advised, by
their respective attorneys, to seek their own independent tax advice by retaining an
accountant, certified public accountant, tax attorney, or tax advisor with reference to
the tax implications involved in this Agreement. Further, the parties acknowledge
and agree that their signatures to this Agreement serve as their acknowledgment that
they have read this particular paragraph and have had the opportunity to seek
independent tax advice.
26. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, that it is being entered into
voluntarily, with full knowledge of the assets of both parties, and that it is not the
result of any duress or undue influence. The parties acknowledge that they have
been furnished with all information relating to the financial affairs of the other which
has been requested by each of them or by their respective counsel.
27. 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. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and division of marital
and separate property are fair, equitable and satisfactory to them based on the length
of their marriage and other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of this Agreement with
respect to the division of property in lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by any court of
competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 ~. seq. or any other
laws. Husband and Wife each voluntarily and intelligently waive and relinquish any
right to seek a court ordered determination and distribution of marital property, but
- 11 -
. "-
'.
nothing herein contained shall constitute a waiver by either party of any rights to
seek the relief of any court for the purpose of enforcing the provisions of this
Agreement.
28. DISCLOSURE:
The parties confirm that they have relied on the completeness
and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement. The parties acknowledge that there has been no
formal discovery conducted in their pending divorce action and neither party has filed
an inventory and appraisement as required by Section 3505(b) of the Pennsylvania
Divorce Code, but the assets set forth in this document and on the attached Exhibits
represent a complete disclosure of their assets. Notwithstanding the foregoing, the
rights of either party to pursue a claim for equitable distribution, pursuant to the
Pennsylvania Divorce Code, of any interest owned by the other party in an asset of
any nature at any time prior to the date of execution of this Agreement that was not
disclosed to the other party or his or her counsel prior to the date of the within
Agreement is expressly reserved. In the event that either party, at any time
hereafter, discovers such an undisclosed asset, the party shall have the right to
petition the Court of Common Pleas of Cumberland County to make equitable
distribution of said asset.
The non-disclosing party shall be responsible for payment of
counsel fees, costs or expenses incurred by the other party in seeking equitable
distribution of said asset.
Notwithstanding the foregoing, the Agreement shall in all other
respects remain in full force and effect.
29. MODIFICATION AND WAIVER:
A modification or waiver of any of the provIsions of this
Agreement shall be effective only if made in writing and executed with the same
formality as this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
- 12 -
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30. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
31. 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.
32. APPLICABLE LAW:
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
33. 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 assigns.
IN WITNESS WHEREOF, the parties hereto have set their Hands and
Seals the day and year first above written.
~~4
R~ ~ ,to :S1'~t'iJy{. (SEAL)
Ray ond A. Sampso
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- 13 -
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF~a..nd..-
On this, the tG{oth day of cQ.~ ,2000, before
me, a Notary Public, the undersigned officer, personally appeared RAYMOND A.
SAMPSON, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the foregoing Property Settlement Agreement and acknowledged that
he executed the same for the purposes therein contained.
SS:
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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COUNTYOF_~hl^ )
On this, the C4..... day of ~ ' 2000, before
me, a Notary Public, the undersigned officer, personally appeared CAROLINE E.
SAMPSON, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the foregoing Property Settlement Agreement and acknowledged that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notarial Seal
Pauline Patti Thomas, Notary Public
Harrisburg, Dauphin County
My Commission Expires Mar. 24, 2003
Member, PennsylVama ASSocIatIon of Notarres
- 14 -
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EXHIBIT"A"
Wife shall retain the following items, including but not limited to:
Wife's family's corner cupboard
Franciscan apple pattern, earthenware dishes
Button and bows punch bowl and glasses as well as goblets
Wife's father's family cradle
Wife's mother's and father's family Bibles
Books
Photographs
Caroline's jewelry
The parties agree that these items may remain in the marital residence and
Wife may retrieve them at her convenience with reasonable notice to
Husband. If Husband wishes Wife's items to be removed, he shall provide
Wife with sixty days' written notice to remove said items and Wife shall
remove the items within that time frame.
Husband shall retain the following items:
All other items in the residence at 1473 Lutztown Road or otherwise in Husband's
position on the date of this Agreement.
- 15 -
,'~ '
EXHIBIT "B"
SAMPSON MARITAL ASSETS
Asset
1473 Lutztown Road, Boiling Springs
Household Goods
PSECU account, Acct. 0199348360
Roth Conversion IRA, Acct. HG 7765-5268
Roth Conversion IRA, Acct. HG 7764-4157
Savings Bonds
AFL Stock Plan
First Bank of Chicago
Bank One Corp
Clayton Homes, Inc.
Diebold, Inc.
Intel
Johnson Controls, Inc.
McDonald's
Motorola
Newell Rubbermaid
Schwab
TOTAL
, ~
,
,
Value
$134,000.00
$ 10,000.00
$ 8,330.34
$ 6,513.32
$ 8,994.71
$ 12,290.72
$ 8,460.58
$ 6,917.90
$ 11 7.49
$ 680.73
$ 3,915.34
$ 7,727.18
$ 7,554.28
$ 2,195.04
$ 4,000.57
$ 2,344.18
$ 10.950.32
$234,992.70
Husband's Copeland Deferred Compensation Account valued in excess of $ 1 00,000 and
Husband's SERS pension valued in excess of $144,000 shall be divided between the
parties as set forth in Paragraphs 8 and 9 of this Agreement.
- 16 -
.
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ASSETS DISTRIBUTED TO WIFE:
Roth Conversion IRA, Acct. HG 7765-5268
Savings Bonds
Diebold, Inc.
Intel
Johnson Controls, Inc.
SUBTOTAL
Plus Husband's Copeland Deferred
Compensation account
$ 6,513.32
$ 12,290.72
$ 3,915.34
$ 7,727.18
$ 7.554.28
$ 38,000.84
ASSETS DISTRIBUTED TO HUSBAND:
1473 Lutztown Road, Boiling Springs
Household Goods
PSECU account, Acct. 0199348360
Roth Conversion IRA, Acct. HG 7764-4157
AFL Stock Plan
First Bank of Chicago
Bank One Corp
Clayton Homes, Inc.
McDonald's
Motorola
Newell Rubbermaid
Schwab
SUBTOTAL
Plus Husband's SERS Pension
$134,000.00
$ 10,000.00
$ 8,330.34
$ 8,994.71
$ 8,460.58
$ 6,917.90
$ 11 7.49
$ 680.73
$ 2,195.04
$ 4,000.57
$ 2,344.18
$ 10.950.32
$196,991.86
CALCULATION FOR CASH PAYMENT - PARAGRAPH 14:
Marital assets excluding Copeland and SERS pension $234,992.70
X 50%
$117,496.35
$117,496.35
38.000.84
$ 79,495.51
-1 .800.00
$ 77,695.51
22.000.00
$ 99,695.51
(Wife's distribution listed above)
(Capital gain - see paragraph 17)
pension differential - paragraph 8)
(Amount due to Wife from Husband)
- 17 -
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CAROLINE E. SAMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
.cmfBERLAND COUNTY, PENNSYLVANIA
NO, 2000-724
CIVIL
19
vs.
RAYl-lOND A. SAMPSON,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
3301 (c)
1. Ground for divorce: irretrievable breakdown under Section~)
~ of the Divorce Code.
(Strike out inapplicable section.)
2. Date and manner of service of the complaint:
Acceptance of' Service by Sa:r.tUel L. Andes, Esquire, counsel for Defendant
3. (Complete either paragraph (a) or (b) .)
and waiver
(a) Date of execution of the affidavit of consent/req;,Jired by Section
3301 (c)
~) of the Divorce Code: by the plaintiff
10/9/00
by defendant
10/26/00
(b) (1)
Date of execution of the plaintiff's affidavit required by
Section 20l(d) of the Divorce Code:
(2) date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending:
None.
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Attorney for (PIa tiff)
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CAROLINE E. SAMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ..tOOa _ ~H CL,i c l~
CIVIL ACTION - LAW
IN DIVORCE
v.
RAYMOND A. SAMPSON,
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 Court House, 1 Courthouse Square, Carlisle, PA
17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'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.
The Cumberland County Lawyer
Referral Service
1 Courthouse Square
Carlisle, PA 17013
TUCKER ARENS BERG & SWARTZ
BY:~~
/' Sandra L. Meil on
Attorney I.D. #32551
111 North Front Street
P. O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
Dated :~ Y J bO
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ATTORNEYS FOR PLAINTIFF
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CAROLINE E. SAMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
RAYMOND A. SAMPSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER SECTION 3301(C)
OF THE DIVORCE CODE
1. Plaintiff is Caroline E. Sampson, an adult individual who is
sui juris and resides at 1473 Lutztown Road, Boiling Springs, Cumberland
County, Pennsylvania, 17007.
2. Defendant is Raymond A. Sampson, an adult individual who is
sui juris and resides at 1473 Lutztown Road, Boiling Springs, Cumberland
County, Pennsylvania, 17007. The present whereabouts of the Defendant,
Raymond A. Sampson, to the knowledge of the Plaintiff, is the same.
3. Both Plaintiff and Defendant have been bona fide residents in
the Commonwealth of Pennsylvania for at least six (6) months immediately
previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on April 4, 1970, in
Mechanicsburg, Pennsylvania.
5. There have been no prior actions of divorce or for annulment
between the parties.
6. Plaintiff has been advised of the availability of counseling
and the right to request that the Court require the parties to
participate in counseling.
7. The Defendant is not a member of the Armed Services of the
United States or any of its Allies.
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8. The Plaintiff avers that the grounds on which the action is
based is that the marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
a. Dissolving the marriage between plaintiff and
Defendant; and
b. For such further relief as the Court may determine
equitable and just.
TUCKER ARENSBERG & SWARTZ
L~2r~
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
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VERIFICATION
I, Caroline Sampson, acknowledge that the facts stated in the
within document are true and correct to the best of my knowledge,
information and belief.
I understand that any false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED:
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CAROLINE E. SAMPSON,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-724 CIVIL TERM
RAYMOND A. SAMPSON,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 7
February 2000 and served upon the Defendant on or about 7 February 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing of the complaint and the date of service of the
complaint on the Defendant.
3. I consent to the entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of
Intention to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
I Court require that my spouse and I participate in counseling prior to the divorce becoming
final.
I verify that the statements made in this Affidavit are true and correct and 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.
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RAY OND A. SAMPS N
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CAROLINE E. SAMPSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
2000 - 724 CIVIL TERM
RAYMOND A. SAMPSON,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed
on February 7, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the 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 unswom falsification to authorities.
Date: {D_q-OO
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CAROLINE E. SAMPSON,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-724 CIVIL TERM
RAYMOND A. SAMPSON,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER SECTION 3301 ICI OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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 Waiver are true and correct. I understand
that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating
to unsworn falsification to authorities.
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Date
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RAY OND A. SAMPS
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CAROLINE E. SAMPSON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 - 724 CIVIL TERM
RAYMOND A. SAMPSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (e)
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.
Date: 10 -'1 ~OD
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CAROLINE E. SAMPSON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~MO 1.!t4
RAYMOND A. SAMPSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Samuel L. Andes, do hereby accept service of the Complaint
for Divorce filed by the Plaintiff in the above matter on
February 7, 2000.
sa&fjfJD{J
DATED: I. b ~ '$ 2DDo
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