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HomeMy WebLinkAbout09-1083IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, Plaintiff, NO. V. CHRISTINA M. SAMPLE, Defendant. CIVIL ACTION - LAW ACTION IN DIVORCE, CUSTODY AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013-3387. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR CENTER 32 S. Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Lawyer Referral: (717) 854-8755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, NO. o cl- 16 3 C W/ M Plaintiff, V. CIVIL ACTION - LAW CHRISTINA M. SAMPLE, Defendant. ACTION IN DIVORCE, CUSTODY COMPLAINT COMES NOW, the Plaintiff, Matthew W. Sample, by his attorney, Edward J. O'Donnell IV, Esquire, and files this Complaint, whereof the following is a statement: 1. Plaintiff is Matthew W. Sample, who currently resides at 12 Colton Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Christina M. Sample, who currently resides at 132 Sable Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of 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 September 22, 1998, in Killeen, Texas. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 7. The parties separated and completely ceased any and all cohabitation on January 8, 2009. COUNTI DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 8. Paragraphs 1 through 7 are incorporated herein by reference as if fully set forth in this Count. 9. The marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce divorcing the Plaintiff, the said Matthew W. Sample, from the Defendant, the said Christina M. Sample. COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 are incorporated herein by reference as if fully set forth in this Count. 11. The Defendant and the Plaintiff have legally and beneficially acquired property, both real and personal, during their marriage and until the date of their separation, all of which property is "marital property". 12. The Plaintiff and/or the Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and/or subsequent to its acquisition during the marriage, which said increase in value is "marital property". 13. The Plaintiff and the Defendant have been unable to agree to the disposition of the marital property. WHEREFORE, the Plaintiff respectfully requests the Court to equitably distribute all marital property owned by the parties. COUNT III CUSTODY 14. Paragraphs 1 through 13 are incorporated herein by reference as if fully set forth in this Count. 15. The Plaintiff seeks custody of the following minor children born during the. parties' marriage: Brandon William Sample D.O.B. September 17, 1995 Craig Matthew Sample D.O.B. August 10, 1998 Jordan Kimberly Sample D.O.B. February 13, 2002 16. Brandon William Sample was adopted by Plaintiff on or about September of 2006. 17. Craig Matthew Sample was born out of wedlock. 18. Jordan Kimberly Sample was not born out of wedlock. 19. The children are presently residing with the Plaintiff. 20. During the past five years, the children have resided with the following persons and at the following addresses: Date Address Individuals in Household Birth - Present 12 Colton Drive Plaintiff and Defendant Shippensburg, PA 17257 21. The Plaintiff is the natural father of Craig Matthew Sample and Jordan Kimberly Sample. 22. The Defendant is the natural mother of all three children. 23. The Plaintiff and the Defendant are currently married to each other but are separated. 24. The Plaintiff resides with the children. 25. The Defendant resides with her sister, brother-in-law, and her sister's two children. 26. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 27. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 28. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 29. The Plaintiff believes that the best interests of the children would be served if he is awarded joint legal and majority physical custody of the children. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding him joint legal and majority physical custody of the parties' three minor children. submitted, Edward J. O'Donnell IV, Esquire ashman & O'Donnell, P.C. 141 Broadway, Suite 230 Hanover, PA 17331 (717) 632-9580 I. D. #203583 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, NO. Plaintiff, V. CHRISTINA M. SAMPLE, Defendant. CIVIL ACTION - LAW ACTION IN DIVORCE, CUSTODY VERIFICATION I, Matthew W. Sample, am the Plaintiff in this suit, and 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 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Date Matthew W. Sample, Plaintiff T ? oQ ?. w 1 _ c c= fv Cl- n r AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. BY THE COURT: Date: , J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, NO. o 0 c r Plaintiff, ; V. CIVIL ACTION - LAW CHRISTINA M. SAMPLE, Defendant. ACTION IN DIVORCE, CUSTODY COMPLAINT FOR CUSTODY AND NOW, this kr,'?hday of 1Ce h, ,?? Y , 2009, comes the Plaintiff, Matthew W. Sample, by his attorney, Edward J. O'Donnell IV, Esquire, and files this Complaint whereof the following is a statement: 1. Plaintiff is Matthew W. Sample, who currently resides at 12 Colton Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Christina M. Sample, who currently resides at 132 Sable Drive, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks custody of the following minor children born to the parties: Brandon William Sample; D.O.B. 9/17/1995 Craig Matthew Sample; D.O.B. 8/10/1998 Jordan Kimberly Sample; D.O. B. 2/13/2002 4. Brandon William Sample was adopted by Plaintiff on or about September of 2006. 5. Craig Matthew Sample was born out of wedlock. 6. Jordan Kimberly Sample was not born out of wedlock. 7. The children are presently in the custody of Plaintiff. 8. During the past five years, the children have resided with the following persons and at the following addresses: Date Address Individuals in Household Birth - Present 12 Colton Drive Plaintiff and Defendant Shippensburg, PA 17257 9. The Plaintiff is the natural father of Craig Matthew Sample and Jordan Kimberly Sample. 10. The Defendant is the natural mother of all three children. 11. The Plaintiff and the Defendant are currently married to each other but are separated. 12. The Plaintiff resides with the children. 13. The Defendant resides with her sister, brother-in-law, and her sister's two children. 14. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 15. The Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 16. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 17. The Plaintiff believes that the best interests of the children would be served if he is awarded joint legal and majority physical custody of the children. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding him joint legal and majority physical custody of the parties' three minor children. Respectfully submitted, J E and J. O'Donnell IV, Esquire Cashman & O'Donnell, P.C. 141 Broadway, Suite 230 Hanover, PA 17331 (717) 632-9580 1. D. #203583 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, NO. Plaintiff, ; V. CIVIL ACTION - LAW CHRISTINA M. SAMPLE, Defendant. ACTION IN DIVORCE, CUSTODY VERIFICATION I, Matthew W. Sample, am the Plaintiff in this suit, and 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 18 Pa. C.S. §. 4904, relating to unsworn falsifications to authorities. Date Matthew W. Sample, Plaintiff _?-r ?:J _ IT ? '- 1'"T ? _ - W Yi ???-- r` ?J L.) ?' ? .. ' -r,{ ? R , _.i ?--? '°C` t ar MATTHEW W. SAMPLE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2009-1083 CIVIL ACTION LAW CHRISTINA M. SAMPLE IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, February 27, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at_ 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, April 01, 2009 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled' hearing. FOR THE COURT. By: /s/ john . Mangan, r. Es q. 141 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ).Oe?4v 0-?V--r CZ .tcj Hd LZ 833 HE -1 0. s I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, Plaintiff, V. CHRISTINA M. SAMPLE, Defendant. NO. 2009-1083 CIVIL ACTION - LAW ACTION IN DIVORCE, CUSTODY AFFIDAVIT OF SERVICE I, Edward J. O'Donnell IV, Esquire, do hereby swear and affirm that on the 6th day of March, 2009, I caused to be served on the Dcfendant a +*ue and correct copy of the Divorce and Custody Complaint and the cover letter by certified mail/restricted delivery/return receipt requested, Article No. 7099 3400 0000 7853 9303, and addressed as follows: Christina M. Sample 132 Sable Drive Carlisle, PA 17013 The original receipt addressed as above, containing the signature of the Defendant, Christina M. Sample, and a date of delivery of March 6, 2009, is marked for identification as Exhibit A, attached hereto and incorporated herein. I verify that the statements made in this Affidavit of Service 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 raisificatiun to authorities. Edwar . O'Donnell IV, Esquire as an & O'Donnell, P.C. 141 Broadway, Suite 230 Hanover, PA 17331 (717)632-9580 1.D. #203583 9 t9bfnpa 6 Mast t, 2, mW 3. Abo rx iplste roam 4 K tiaalrbMd DaNtlM k ",eked. ¦ Print your rtame and a I I a a a on the reveme so that we can Mum the cwd to you. ¦ Attach this Card tlD the heck of the meNpkoe, or on the itont R space permits. 1. Ardole Ad*wpd to a. X / It. _' A - '1A A _7 _ A n rn Apsrtt B. PAWVed by (All Nsrrts) C. Date Dell D. b d*my acld?r¦ cift-tt Dorm bm 1? O y" M YES, aft dWlvwy addroae below: O No a service Type O Cw Md MO O Bpm MW O Rsglted O tielum Flow t for MwdwxNw ?p O IneUled NIeN O C.O.D. ?ll a. Resitclied D~ OBOw Re) ?e 2. Article Number 2L-r Ps rne?,?b.a?m e.,,?•? Form 3811, February 2004 DommUc Rettxrt Receipt 10291e4t4A.15e0 M 0 M Ir m M. am 1P_ `^ CO Postage $ 76 Certified Fee 2.70 p Return Receipt Fee 4.30 Postmark Here 0 (Endorsement Required) O Restricted Delivery Fee 2.20 (Endorsement Required) O M Total Postage & Fees $ 9.96 M Cr 6"T "1 , f ry ClW!1 be con f eeted by mailer) ------°--------[-----i----M • -----`--`--'°-N °------------------------------------------------ C3 ff3 `"§aLtf6prrive I Staf f, Z/P+4 6arlisle, PA 17013 ti I - - 77 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, Plaintiff, V. NO. 2009-1083 CIVIL ACTION - LAW CHRISTINA M. SAMPLE, Defendant. ACTION IN DIVORCE, CUSTODY AGREEMENT AND STIPULATION FOR CUSTODY AND NOW, the parties, MATTHEW W. SAMPLE, of Cumberland County, Pennsylvania, and CHRISTINA M. SAMPLE, of Cumberland County, Pennsylvania, enter into an Agreement and Stipulation for Custody in Cumberland County, Pennsylvania, with regard to their children, and state the following: 1. Plaintiff is Matthew W. Sample (hereinafter "Father"), an adult individual residing at 12 Colton Drive, Shippensburg, Pennsylvania. 2. Defendant is Christina M. Sample (hereinafter "Mother"), an adult individual residing at 136 South Earl Street, Shippensburg, Pennsylvania. 3. The parties together had the following children: Brandon William Sample DOB: 9/17/1995 Age: 13 Craig Matthew Sample DOB: 8/10/1998 Age: 10 Jordan Kimberly Sample DOB: 2/13/2002 Age: 7 4. Brandon William Sample was adopted by Plaintiff on or about September of 2006. 5. Craig Matthew Sample was born out of wedlock. 6. Jordan Kimberly Sample was not born out of wedlock. 7. The present custody situation is as follows: Week on / Week off basis. 8. During the past five (5) years or since birth, the children have resided at the following locations with the following individuals other than the children at issue: DATE ADDRESS INDIVIDUALS IN HOUSEHOLD Birth - Present 12 Colton Drive Plaintiff and Defendant Shippensburg, PA 17257 9. Plaintiff is the natural father of Craig Matthew Sample and Jordan Kimberly Sample. 10. Defendant is the natural mother of all three children. 11. The Plaintiff and the Defendant are currently married to each other but are separated. 12. Mother currently resides with the following individual(s): Her sister, her brother- in-law, and her sister's two children. 13. Father currently resides with the following individual(s): Children (all listed under Paragraph 3 above). 14. Except for the present action and any actions mentioned above, neither party has participated as a party, witness, or in any other capacity, in other litigation concerning the custody of the children in this or another court. 15. Neither party has information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other court. 16. Neither party knows of any person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. The terms for custody shall be as follows 17. LEGAL CUSTODY. A. The parties shall have joint legal custody of their children. Joint legal custody 0 means the right of both parents to control and to share in making decisions of importance in the life of their children, including educational, medical, and religious decisions. Both parents shall be entitled to equal access to a children's school, medical, dental and other important records. B. As soon as practical after the receipt by a party, copies of the children's school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of the children with health care providers, sufficiently in advance thereof so that the other party can attend. C. Notwithstanding that both parents share legal custody, non-major decisions involving the children's day to day living shall be made by the parent then having custody, consistent with the other provisions of this Agreement. Except in an emergency, each party must notify and consult with the other regarding all major decisions concerning the health, education and welfare of the children. These decisions will be made by agreement of both parents. Each parent has a duty to promptly notify the other of any illness or injury of the children which would or should require medical treatment and to consult with that party in any non-emergency cases. In the event of a medical emergency of any nature whatsoever regarding the children, it shall not be necessary to secure the consent or obtain the signature of both parties consenting to or approving the medical treatment or care. The party having physical custody of the children at the time of the emergency shall be authorized to sign any consent form, release or other document necessary to effectuate the medical treatment or care. Each party has the duty to inform the other party of the emergency as soon as practical. 18. SHARED PHYSICAL CUSTODY. Mother and Father shall have shared physical custody of the children on a week on / week off basis. Custody of the children shall be from Sunday at 8:00 p.m. until the following Sunday at 8:00 p.m. This schedule shall commence on Sunday, March 29, 2009, with Father 40 exercising custody during the first full week. 19. VACATION. Beginning during the Summer of 2009, Father shall have two (2) weeks of vacation time with the children each year. Father shall give Mother at least thirty (30) days advance written notice of his selection of the vacation weeks, which shall be taken in two one-week periods, separated by at least one week. Mother shall have the right to select two (2) weeks of vacation time for herself, with the same notice requirements. The first party to notify the other shall prevail in the vacation selection process. 20. ALTERNATE HOLIDAYS. A. The parties shall alternate the legal holidays of New Year's Day, Easter Day, Memorial Day, Fourth of July, Labor Day, and Thanksgiving on a yearly basis. Custody shall be exercised from 9:00 a.m. until 8:00 p.m. on the actual day of the holiday. Beginning during the year 2009 and all odd-numbered years thereafter, Father shall exercise custody of the children during all major holidays listed above. Beginning during the year 2010 and all even-numbered years thereafter, Mother shall exercise custody of the children during all major holidays listed above. B. In the event that a parent who otherwise would have had custody of the Children during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire three-day period. C. The party that receives custody during the major holiday must let the other party be able to exercise custody either the day before the holiday or the day after the holiday, whichever is decided upon by agreement of the parties. 21. CHRISTMAS. In the year 2009 and all odd-numbered years thereafter, Father shall have custody of the Children from 10:00 p.m. Christmas Eve until noon on December 26th. In the year 2010 and all even-numbered years thereafter, the schedule shall reverse, and Mother shall have custody of the Children from 10:00 p.m. Christmas Eve until noon on December 26th. 22. MOTHER'S DAY AND FATHER'S DAY. Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. until 8:00 p.m. 23. CHILDREN'S BIRTHDAYS. A. The parties shall alternate custody of the children on the children's respective birthday by agreement. Father will have custody of the children on their respective birthdays during the year 2009 and all odd-numbered years thereafter. Mother will have custody of the children on their respective birthdays during the year 2010 and all even-numbered years thereafter. B. During the odd-numbered years when Father exercises custody of the children during their respective birthdays, Mother shall be given the opportunity to have custody of the children either the day before or the day after their respective birthday by agreement of the parties. Father shall also be given the same opportunity, wherein he may exercise custody of the children either the day before or the day after their respective birthday during all even-numbered years. 24. HOLIDAYS A PRIORITY. The periods of partial custody for holidays, vacations, or other special days set forth in this Agreement shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Agreement. Holidays and other special days for custody set forth in this Agreement shall take precedence over vacations. 25. TRANSPORTATION. A. Transportation of the children shall be shared, with the party who is to receive custody at the time of the exchange to provide transportation from the residence of the other parent. At all times, the children shall be secured in appropriate passenger restraints. No person transporting the children shall consume alcoholic beverages prior to transporting the children or be under the influence of any alcoholic beverages while transporting the children. B. Except in an emergency, each party will call the other if he or she is unable to arrive at the time specified in the Agreement. C. If either party is unable to personally complete a custody exchange and a mutually agreeable alternative arrangement cannot be reached, the absent party shall arrange for a responsible adult with a driver's license to complete the custody exchange. 26. INCOME TAX RETURNS. Beginning in the tax year 2009 and all odd-numbered years thereafter, Father shall claim the two oldest Children (Brandon William Sample and Craig Matthew Sample) as the dependents on his tax return and Mother shall claim the youngest child (Jordan Kimberly Sample) as the dependent on her tax return. Beginning in the tax year 2010 and all even- numbered years thereafter, Father shall claim the youngest child (Jordan Kimberly Sample) as the dependent on his tax return and Mother shall claim the two oldest children (Brandon William Sample and Craig Matthew Sample) as the dependents on her tax return. This schedule shall continue until the children are of age when they will no longer be classified as a deduction. 27. EXTRACURRICULAR ACTIVITIES. A. The parties shall provide each other with at least forty-eight (48) hours advance notice of school or either activities whenever possible. B. The parties shall agree to honor and participate in the activities that the children Aj? . wish to engage in. During the times that the parties have custody of the children, they will make certain that the children attend any extracurricular activities. The parties are directed to be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. C. Neither party, however, shall commit the children to any activity unless the children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon the children maintaining passing grades in school. D. Neither party shall commit the children to activities that fall on another party's period of custody, without the consent of that party, which consent shall not be unreasonably withheld. If the children are involved in an activity which occurs during another party's period of custody, both parties shall cooperate in providing transportation of the children to the activity. However, the custodial party shall not be required to take the children to that activity if the custodial party and children are out of town during that activity, for a previously scheduled vacation. E. In the event that the custodial party is unable to deliver the children to the particular activity, the party who has custody of the children at that time shall notify the noncustodial party, who shall be entitled to pick up and deliver the children to the designated activity. The custodial party shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. 28. TELEPHONE CALLS. A. The parties are expected to use common sense in scheduling telephone calls to talk to the children. The parties shall refrain from preventing the party who may be calling from talking to the children, or preventing the children from calling the other party, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the children's schedule. B. Phone calls initiated by a party should be kept to a maximum of twenty minutes, and a maximum of three (3) phone calls per week. 29. DISPARAGING REMARKS. A. The parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. No party shall do nor shall either party permit any third person to do or say anything which may estrange the children from the other parry, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other party. Each parent will make every effort to avoid any conflict in front of the children at any time, including at a custody exchange. B. No party shall use the children to convey verbal messages to the other party about the custody situation or changes in the custody schedule 30. FINANCIAL CARE OF CHILDREN. In the event that a significant matter arises with respect to the medical care, education, or financial care of the children, such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other parent before any change is made by either party. 31. MUTUAL CONSULTATION. A. Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party is directed to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the Children will be in for a period in excess of twenty-four (24) hours, and for each person or entity which may provide day care for the children, excluding current day care providers, relatives, or public institutions. B. For trips/vacations that occur outside of the Commonwealth of Pennsylvania, each party must be notified, in writing, by the other party at least seventy-two (72) hours in advance of the departure. Both parties must agree to the trip schedule, duration, activities involved, accommodations, and arrangements, in their entireties, before departure may occur. Disapproval of the trip/vacation must be conveyed in writing to the other party to preclude the departure within forty-eight (48) hours of the received written notification of a desire to take the children outside of the Commonwealth of Pennsylvania. 32. ILLNESS OF CHILDREN. A. Emergency decisions regarding the children shall be made by the party then having custody. However, in the event of any emergency or serious illness of the children at any time, any party then having custody of the children shall immediately communicate with the other party be telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other party can become involved in the decision making process as soon as practical. B. The term "serious illness" as used herein shall mean any disability which confines the children to bed for a period in excess of seventy-two (72) hours and which places the children under the direction of a licensed physician. 33. WELFARE OF CHILDREN TO BE CONSIDERED. The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. The parties are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. . . 1 • . •. . 34. SMOKE / DRINK / ILLEGAL SUBSTANCES. No party shall smoke in any part of a confined area with the children present and neither party shall permit another person to smoke in any part of a confined area with the children present. No party shall drink alcoholic beverages or consume illegal substances when in the presence of the children, and no party shall be under the influence of alcoholic beverages or illegal substances when in the presence of the children. 35. MODIFICATION OF ORDER. The parties intend to make reasonable efforts to accommodate their schedules. They may modify custody at any time if such modifications mutually agreed upon. If no mutual agreement can be reached, then both parties will strictly adhere to the terms of this Agreement. Any modifications to this agreement will be interpreted as temporary and will not act as a permanent waiver unless executed in writing with the same force and effect as this Agreement, including witnessing of the signatures by either an attorney or a notary public. 36. REPRESENTATION OF THE PARTIES. Each party acknowledges that prior to signing this Agreement, he or she had the opportunity to consult with an attorney of his or her choice. Father is represented by Edward J. O'Donnell IV, Esquire. Mother voluntarily chose not to be represented by counsel. Mother acknowledges that she knowingly and voluntarily, without persuasion, influence, or coercion by Father, waived the right to consult with counsel regarding the advisability of entering into this Agreement, and elects to enter into this Agreement and be legally bound by its terms. Mother further acknowledges that she has not relied upon any representations made by Father's counsel. 37. 23 Pa.C.S. Sec. 5303b statement. No party is charged with or has been convicted of an offense enumerated in 23 Pa. C.S. Sec. 5303(b), (b.1) or (b.2), or an equivalent offense in another jurisdiction. 38. MISCELLANEOUS. Should one party file for Child Support the following earning capacities will be used for any support complaint filed: Each party's income for child support purposes will be equal to the other party's income at the time of filing. If either party is unemployed the annual income will be equal to the other party's income at the time of filing. This Agreement is binding and enforceable when signed by MATTHEW W. SAMPLE and CHRISTINA M. SAMPLE. Both parties agree that this Agreement and Stipulation shall be incorporated into an Order of Court. WHEREFORE, the parties ask this Honorable Court to enter an Order in accordance with this Agreement and Stipulation. Respectfully submitted, a We (1ward J. O'Donnell IV, Esquire Cashman and O'Donnell, P.C. 141 Broadway, Suite 230 Hanover, PA 17331 (717) 632-9580 Attorney I.D. No. 203583 Attorne for Plaintiff .51a5?7 01 Date Matthew W. Sample, Plaintiff Dat Christina M. Sample, Defendant F - C%j LLJ - Mtn .3 i ?? C=N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, Plaintiff, V. CHRISTINA M. SAMPLE, Defendant. NO. 2009-1083 CIVIL ACTION - LAW ACTION IN DIVORCE, CUSTODY AGREEMENT FOR ORDER OF SUPPORT This Agreement, made this a? q_ day of /'!kr,,A , 2009, by and between the Plaintiff, MATTHEW W. SAMPLE, who lives at 12 Colton Drive, Shippensburg, Cumberland County, Pennsylvania 17257, and the Defendant, CHRISTINA M. SAMPLE, who lives at 136 South Earl Street, Shippensburg, Cumberland County, Pennsylvania 17257, includes the following terms* The parties hereby authorize the Court of Common Pleas of Cumberland County, Pennsylvania, to immediately enter an order of support against the Plaintiff pursuant to the terms of this agreement, with the same force and effect as though such order had been made after formal hearing and appearance in Court. The Plaintiff shall provide health insurance coverage for the benefit of the children; however, Plaintiff and Defendant shall split the costs on a 50/50 basis for all amounts due and owing. Plaintiff and Defendant shall equally share the cost of extracurricular activities in which the children participate. Plaintiff and Defendant agree to pay one-half (%2) of all educational costs for the children. Cumberland County Domestic Relations shall retain jurisdiction for future modification purposes. Either party may request an account be established at DRO in the future consistent with this Order by a written request. A special Court Order would issue without a conference re- establishing such an account as of the date the request is filed. All typical enforcement procedures of DRO would then apply to the case. If arrears and/or credit exist on the Order as of the date a request to establish an account through DRO is made, same may be posted to the DRO account by special Court Order without a conference after submission of a payment history and affidavit of balance by the moving party, service of same on the opposing party, and an opportunity for the opposing party to respond to the allegations. The parties agree to keep accurate personal accounts of the amounts charged and paid directly. -2- IN WITNESS WHEREOF, this agreement has been signed on the Jq day of M,mre 2009. WITNES YTTHEIW W. SAMPLE C STINA M. SAMPLE -3- t N - tyL? =.a j U C-4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, Plaintiff, V. CHRISTINA M. SAMPLE, Defendant. NO. 2009-1083 CIVIL ACTION - LAW ACTION IN DIVORCE, CUSTODY MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this c2q day of -farms , 2009 in the County of Cumberland and Commonwealth of Pennsylvania, by and between CHRISTINA M. SAMPLE, (hereinafter sometimes referred to as "Wife"), and MATTHEW W. SAMPLE, (hereinafter sometimes referred to as "Husband") RECITALS WHEREAS, the parties were married on September 22, 1998, in Killeen, Texas, and ever since that time have been, and are now, Husband and Wife; and WHEREAS, differences have arisen between the parties and they desire to live separate and apart from one another, voluntarily and by mutual consent, and in separate abodes, without cohabitation, with the purpose and intent of ending their marriage; and WHEREAS, an action for divorce was instituted in the Court of Common Pleas of Cumberland County, Pennsylvania, on February 20, 2009 at 2009-1083. WHEREAS, it is the mutual desire of the parties in this Agreement to formalize the following: (1) Voluntary separation and personal rights. (2) The respective rights and obligations as to all questions of maintenance and support, alimony, counsel fees, their respective rights in the property or estate of the other, and in property owned by them jointly or as tenants by the entirety, and in marital property, and all other matters of every kind and character arising from their marital relationship. The division of existing property set forth herein is not intended by the parties to constitute 1 in any way a sale or exchange of assets except as so specifically provided herein. This Agreement is intended to dispose of all the marital property of the parties. WHEREAS, the parties have had advice of counsel: Husband is represented by Edward J. O'Donnell IV, Esquire, of Cashman & O'Donnell, P.C. Wife voluntarily chose not to be represented by counsel. Wife acknowledges that she knowingly and voluntarily, without persuasion, influence, or coercion by Husband, waived the right to consult with counsel regarding the advisability of entering into this Agreement, and elects to enter into this Agreement and be legally bound by its terms. Wife further acknowledges that she has not relied upon any representations made by Husband's counsel. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to a greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties agree to be bound by the terms of this Agreement. AND NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof, and in consideration of promises and mutual covenants herein contained, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto intending to be legally bound hereby covenant and agree as follows, all as of the effective date hereof: GENERAL PROVISIONS 1. PURPOSES OF AGREEMENT It is the purpose and intent of the parties hereto after long and careful consideration, to amicably adjust, compromise and settle their respective and collective property rights, in, to or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or for spousal support and separate maintenance, alimony, alimony pendente lite, and counsel fees, costs and expenses in a manner which conforms to a just and right standard, with due regard to the rights of each party and to express such 2 intent and determine their respective and collective rights with respect to said property and claims in writing. The parties hereto agree that the standard of division is best met by an equitable division of the marital property in existence as of the date of this Agreement. Such a division of existing property is not intended by the parties to constitute in any way a sale or exchange of assets except as so specifically provided herein. This Agreement is intended to dispose of all the marital property of the parties. 2. DEFINITIONS 2.1. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et seq. (Effective March 19, 1991) 2.2. Date of Execution of This Agreement. The phrase "date of execution" or "execution date" shall be defined as the date that the last party signs this Agreement. 2.3. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 2.4. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 2.5. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 2.6. Distribution Date. The distribution date shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support or alimony payments, if any, provided for in this Agreement shall take effect as of the date set forth herein. 3. RELINQUISHMENT OF MARITAL RIGHTS The parties, having mutually and voluntarily agreed to separate on January 18, 2009, and shall continue to live separate and apart, free from interference, authority and control by the other, as if each were sole and unmarried, and each may conduct, carry on and engage in any employment, business or trade which to him or her shall seem advisable for his or her sole and separate use and benefit, without and free from any control, 3 restraint, or interference by the other party in all respects as if each were unmarried. Neither of the parties shall molest nor annoy the other or their respective families, friends, colleagues, employers, or employees of the other. Neither of the parties shall seek to compel the other to cohabit or dwell with him or her by any proceedings for restoration of conjugal rights or otherwise, or exert or demand any right to reside in the home of the other. Neither party shall enter the residence of the other party without the expressed permission of the other party. 4. RIGHTS INCIDENT TO MARITAL RELATIONSHIP AND RIGHTS AS SURVIVING SPOUSE Except as otherwise provided herein, each of the parties hereto for himself or herself and his or her respective heirs, personal representatives and assigns, grants, remises and releases to the other, any and all rights or interest which he or she now has or may hereafter acquire in the real, personal or other property of the other. Each of the parties agrees to execute and deliver any and all deeds, releases, quit claims, or other instruments as from time to time may be necessary or convenient to enable the other party to deal with his or her property as if he or she were unmarried. Each of the parties releases all claims and demands of any kind or nature against the other party, including all interests incident to the marital relationship now or at any time hereafter existing or occurring in the property or estate of the other party, or in marital property, either statutory or arising at common law, and specifically including any right to act as the other's personal representative, any right to equitable distribution, any right to take against the Will of the other, and any right to take property of the other in intestacy. It is the intention of each and both parties that during their respective lifetimes they may deal with their separate estates as if they were unmarried and that upon the death of either, the property, both real and personal, then owned by him or her shall pass by his or her Will or under the laws of descent as the case might be, free from any right of inheritance, title or claim in the other party as if the parties at such time were unmarried. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, and assigns, in any action or contention, direct or indirect, claiming that there was any absence or lack of full disclosure. 4 5. EFFECT OF THE DIVORCE DECREE This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement, or the essential parts hereof, may be incorporated by reference or in substance, shall be incorporated for enforcement purposes only, but not merged into the divorce decree. Therefore, should either party obtain an order of separation or divorce in any jurisdiction, that party shall take all reasonable steps to have this Agreement incorporated for enforcement purposes only, but not merged as part of any such order. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non- breaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). 6. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. However, this Agreement is not intended to be conducive to a divorce and shall not be deemed to be a validation on the part of either party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. Husband previously filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, seeking a divorce decree pursuant to, among other provisions, Section 3301(c) of the Divorce Code. The parties shall, as soon as permitted by the Divorce Code, promptly execute and file the affidavits and waivers required to obtain a divorce pursuant to §3301(c) of the Divorce Code. As defined in the Divorce Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps necessary to ensure that a divorce pursuant to §3301(c) of the Divorce Code is entered as soon as possible. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the affidavits, waivers and related required documents necessary to obtain the divorce decree. 5 7. FULL DISCLOSURE The respective parties do hereby warrant, represent and declare and do acknowledge that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself and herself and his and her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, and assigns, in any action or contention, direct or indirect, claiming that there was any absence or lack of full disclosure. By executing this Agreement, the parties are acknowledging satisfaction with the information presently available to them. The parties further acknowledge that they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of documents, inspections, interrogatories, depositions or otherwise. Notwithstanding the foregoing, any further disclosure and any further statement in this Agreement regarding disclosure, is specifically waived, and each party waives any right which he/she may have to receive such additional disclosure or to challenge the validity of this Agreement on the grounds that he/she did not pursue such additional disclosure, or that this Agreement is therefore inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 8. BANKRUPTCY OR REORGANIZATION PROCEEDINGS The parties acknowledge and agree that they have specifically structured this Agreement so that the payments and undertakings made by each party shall be non-dischargeable in bankruptcy, under 11 U.S.C. §523(a) (5), §523(a) (15) or otherwise. In the event that either party files bankruptcy and such obligations are determined to be dischargeable in bankruptcy, that party agrees that such event shall automatically entitle the other party to the entry of an award of alimony in an amount commensurate with whatever obligation he or she has incurred or any payments he or she has lost as the result of the other party having filed bankruptcy, including attorney's fees, which award shall be adjusted upward taking into consideration the additional tax 6 ramifications attributable to such alimony award. The parties further acknowledge and agree that as part of the consideration for the making of this Agreement, the indebtedness created by the terms, covenants and conditions set forth in this paragraph is either: a. for alimony to, maintenance for or support of the other party; b. the party filing bankruptcy, hereafter the "filing party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the filing party or of a dependent of the filing party or if such party is engaged in a business, for the payment of expenditures necessary for the continuation, preservation and operation of such business; and/or c. discharging such debt would not result in a benefit to the filing party that would outweigh the detrimental consequences to the other party or a child of the filing party. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceeding of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases, and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's "exempt" property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable regardless of federal or state law to the contrary, and each Party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 9. COUNSEL FEES Each of the parties shall pay his or her own counsel fees incurred in connection with their separation and divorce. Each party hereby waives the right to assert any claim against the other party for counsel fees for legal services rendered to him or her in connection with the drafting and execution of this Agreement or the parties' divorce, except that if either party breaches any provision of this Agreement, or is in default thereof, said party shall be responsible for any legal fees incurred by the other party in seeking to enforce this 7 Agreement. 10. LAW OF PENNSYLVANIA APPLICABLE. The parties recognize that the laws of the Commonwealth of Pennsylvania may be modified or changed subsequent to the date of execution of this Agreement, but understand and agree that regardless of where the parties may reside or be domiciled in the future and regardless of the situs of any of the parties' real and/or personal property, this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 11. MODIFICATION AND WAIVER. Any oral representations or modifications concerning this Agreement shall be of no force or legal effect except a subsequent modification in writing executed with the same formality as this Agreement. The waiver by either Husband or Wife of any breach of this Agreement by Husband or Wife shall' not be deemed to be a waiver of any subsequent default or of any other provision of this Agreement. 12. PARTIAL INVALIDITY AND SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined to be void or invalid at law, or for any other reason, then only that term, condition, clause or provision shall be stricken from this Agreement as is held to be void or invalid, and in all other respects, this Agreement shall be valid and remain in full force and effect. 13. ADDITIONAL INSTRUMENTS. Each party shall forthwith, and within at least fifteen (15) days after demand thereof, execute any and all documents, which may require his or her signature for the purpose of effecting all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. 14. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs are intended solely for convenience of reference and shall not constitute a part of this Marital Property Settlement Agreement nor shall they affect its meaning, construction or legal effect. 8 PROPERTY DISTRIBUTION 15. REAL ESTATE. The parties agree that they jointly own real property as tenants by the entireties located at 12 Colton Drive, Shippensburg, Cumberland County, Pennsylvania (hereinafter, "the Property"). Wife agrees to execute all documents to convey her interest in said Property to Husband. Husband shall have sole possession of said Property, and agrees to assume as his sole obligation any and all mortgage payments, taxes, utility charges, insurance, repairs, claims, damages and other expenses incurred with said Property. Husband covenants and agrees to indemnify and hold Wife harmless from any such liabilities, obligations, or claims or demands as result thereof. Husband expressly agrees to assume the full responsibility for any recording fees, costs or expenses incident to the transfer of the aforesaid property to Husband by Wife; and Husband shall be responsible for all taxes and debts attached to the aforesaid property. In consideration for the above referenced transfer to Husband, Husband shall, within ninety (90) days of the date of execution of this Agreement, refinance the mortgage against said Property. 16. PERSONAL PROPERTY. All personal property of the parties shall be divided in accordance with Schedule "A" attached hereto and incorporated herein. Other than as set forth in Exhibit "A" of this agreement, the parties agree that each shall own, possess and enjoy, free from any claim of the other, the personalty in his or her possession or control on the date of the execution of this Agreement, including but not limited to all furniture, furnishings, rugs, carpets, clothing, jewelry, major and minor appliances, equipment, tools, pictures, paintings, books, works of art, decorations, silver, china, glassware and any other item of tangible property of whatever nature of wherever located. Each party hereby quit claims, assigns and conveys to the party designated herein as the owner of all such personal property, together with any insurance policies covering that property and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from one party to the other. 9 17. MOTOR VEHICLES. The parties agree Husband shall retain the 2006 Chevrolet Silverado Extended Cab, and Wife shall retain the 2006 Ford Mustang GT and have said vehicles titled in his/her name. If either party must execute the title to any vehicle for purposes of transfer to the party in possession, the same shall be completed within ten (10) days of the date of execution of this Agreement. The party having possession of any motor vehicle shall be solely responsible for all expenses associated with the motor vehicle, including, but not limited to, any sales or other taxes relating to the transfer, insurance, maintenance, gasoline, and liens and/or loans. The party having title to an automobile shall be solely liable and shall keep the other party exonerated and indemnified against and held harmless from any past, present or future liability, including reasonable counsel fees and increased insurance premiums, due to any of the expenses set forth in the preceding sentence. 18. RETIREMENT ACCOUNTS AND BENEFITS. With respect to Retirement Accounts/Pension Plans/Stock Options, Wife shall become the sole and exclusive owner of any plans titled in her name and she shall retain ownership of said plans. Husband shall become the sole and exclusive owner of any Retirement Accounts/Pension Plans/Stock Options titled in his name and he shall retain ownership of said plans. Each party waives their right to the others retirement account. Husband and Wife hereby specifically release and waive any and all interest, claim, or right that he or she may have to any and all retirement benefits (including, without limitation, pension or profit sharing benefits and/or benefits from 401(k) plans and/or Individual Retirement Accounts) or other similar benefits of the other party. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purposes of this subparagraph. Both parties shall execute and take all such steps as may be necessary to effectuate a spousal consent (in accordance with the appropriate provisions of the other party's retirement plan) allowing the other party to designate any beneficiary as the other party elects to receive amounts that may be payable under his or her retirement plan upon his or her death, and each party shall agree to any changes to such beneficiary designation made by the other party prior to dissolution of marriage. 10 19. PENSION WAIVER. Except as otherwise provided for herein, each of the parties hereby expressly waives any legal right either may have under any Federal or State law as a spouse to participate as a payee or beneficiary under any interests the other may have in any pension plan, profit-sharing plan, or any other form of retirement or deferred income plan including, but not limited to, the right either spouse may have to receive any benefit in the form of a lump-sum death benefit, joint or survivor annuity, or pre-retirement survivor annuity pursuant to any Federal or State law, and each of the parties hereby expressly consents to any election made by the other, now or at any time hereafter, with respect to the recipient and the form of payment of any benefit upon retirement or death under any such pension plan, profit-sharing plan, or other form of retirement or deferred income plan. Each party shall, within five (5) days of the request by the other party, execute such documents as may be necessary in order to effectuate the purposes of this provision, including but not limited to a waiver of rights to any annuity or benefits and a consent to any election or beneficiary designation. If Husband files an election subsequent to the date of execution of this Agreement in which Wife waives spousal benefits, but such election is ineffective and the benefits are, in fact, payable to Wife, she shall, at the sole discretion of Husband's personal representative, either disclaim any entitlement or pay the net after- tax benefits over to the beneficiary designated by Husband in the otherwise ineffective election. If Wife files an election subsequent to the date of execution of this Agreement in which Husband waives spousal benefits, but such election is ineffective and the benefits are, in fact, payable to Husband, he shall, at the sole discretion of Wife's personal representative, either disclaim any entitlement or pay the net after-tax benefits over to the beneficiary designated by Wife in the otherwise ineffective election. If Husband is unable for any reason to change the beneficiary of the death benefits of his pension plan, profit-sharing plan, or other form of retirement or deferred income plan, and the benefits are, in fact, payable to Wife, she shall, at the sole discretion of Husband's personal representative, either disclaim any entitlement or pay the net after-tax benefits over to Husband's Estate. If Wife is unable for any reason to change the beneficiary of the death benefits of her pension plan, profit-sharing plan, or other form of retirement or deferred 11 income plan, and the benefits are, in fact, payable to Husband he shall, at the sole discretion of Wife's personal representative, either disclaim any entitlement or pay the net after-tax benefits over to Wife's Estate. 20. DEBTS AND CREDIT CARDS. Except as otherwise provided for herein, each party shall assume sole responsibility for debts in his or her name. Each party shall hold and save the other harmless from any and all liability for any debts assumed pursuant to this Agreement. From and after the date of this Agreement, Wife and Husband covenant and agree that they will not pledge or attempt to pledge the credit of the other, nor will they contract or attempt to contract any debts or obligations in the name or on behalf of each other, and as to any debts or obligations incurred or contracted by them from and after the date of this Agreement each will be responsible for his or her own debt or liability, and shall hold and save the other harmless, and indemnify the other, from any such debts or obligations. Wife represents and warrants to Husband that she has not incurred any debt or made any contracts for which Husband, or his estate, may be liable since the separation of the parties. Husband represents and warrants to Wife that he has not incurred any debt or made any contracts for which Wife, or her estate, may be liable since the separation of the parties. Each party acknowledges and warrants that he or she has fully disclosed to the other the existence of all debts, whether such debts are in the name of one or both of them, and that such debts are accounted for herein. The parties acknowledge that all joint credit cards have been cancelled, and that no debts are owed as a result of the use of said credit cards. Each party further represents, covenants and warrants that, to the best of his or her knowledge and except as specifically otherwise provided for by the terms of this Agreement, as of the date of execution of this Agreement: a) no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife or affecting any jointly held properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, nor is Husband or Wife aware of any facts which to his or her knowledge might result in any such action, suit or proceeding; c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this 12 Agreement or thereafter, the party who incurred that debt shall exonerate and indemnify the other party against and hold the other party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and d) he or she shall not incur any liability whatsoever in the future for which the other party or the estate of the other party may be liable, and shall exonerate and indemnify the other party against and hold the other party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other party. The parties acknowledge that each shall be responsible for any credit cards in their name upon execution of this agreement. 21. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible which are hereafter acquired by him or her, with full power to dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she were unmarried. 22. INTENDED TAX EFFECT OF DIVISION OF PROPERTY. By this Agreement, the parties have intended to effectuate an equal division of their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, 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 a part of the marital estate. As a part of the equal division of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, 13 coercion, collusion and/or improper or illegal agreement. IN WITNESS WHEREOF, the parties, on the day and year first above written, do hereby place their signatures and seals intending to be legally bound hereby. SS: (SEAL) Christina M. Samp e (SEAL) tthew W. ple 14 [ . 1 [ COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK SS: On this, the jj?jt day of 7b , 2009, before me, the undersigned Notary Public in and for said County and State, the undersigned Officer, personally appeared CHRISTINA M. SAMPLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledges that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. SWORN and SUBSCRIBED to before me, a Notary Public this day of 9 . 2009. 64Ld &4'? tVoV Publtd' My mmission Expires: (SEAL) t COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF YORK On this, the z0 day of , 2009, before me, the undersigned Notary Public in and for said County and State, the undersigned Officer, personally appeared MATTHEW W. SAMPLE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledges that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. SWORN and SUBSCRIBED to before me, a Notary ubli this -0day of '2009. My Commission Expires: (SEAL) As OF E"M "ClArAftsm LA A J. stetN¦ I. a was NWWW 8wo., Wok Cow* 1 00 t N? eR ltwtwrMY:. Rs ?qv ? ro. ue.. , .. , e' r • e ¦ SCHEDULE A PROPERTY 1. Property to be Distributed to Wife: Full reclining couch (from living room) Two (2) reclining loveseats (from living room) Tree photographs -1 large framed picture and 2 shadow box pictures Wire tree sculpture Scrapbook closet All associated scrapbook supplies II. Property to be Distributed to Husband: r „ t All remaining property not listed above a I. L..f.. U t t.. • ? r MAR 3 0 2-008(4' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, NO. 2009-1083 Plaintiff, V. CIVIL ACTION - LAW CHRISTINA M. SAMPLE, Defendant. ACTION IN DIVORCE, CUSTODY ORDER St AND NOW, this 3% day of h kr to , 2009, upon consideration of the joint Agreement and Stipulation for Custody, the Court hereby incorporates said Agreement and Stipulation by reference into this Order of Court. BY THE COURT, ?k -? ? J. lJ ff 4 ;. MAR 3 0 2006 G - 6 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW W. SAMPLE, NO. 2009-1083 Plaintiff, V. CIVIL ACTION - LAW CHRISTINA M. SAMPLE, Defendant. ACTION IN DIVORCE, CUSTODY ORDER OF COURT AND NOW, this 31 day of M %+.\\ , 2009, in consideration of the Agreement for Order of Support dated 1% , IT IS ORDERED that the aforementioned Agreement for Order of Support is entered as an Order of Court with the understanding that should either party wish to modify the provisions of the Order, such party will be required to open a case in the Cumberland County Domestic Relations Office and file an appropriate pleading within the case established in that department. BY THE COURT, ?A4 Judge r t,:3q-? --31 8ue&. -0 ? ,? JO - bo1 IPP ?r 1 TIN