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Home My WebLink About01-0095REBECCA L. SIMPSON Plaintiff SCOTT A. SIMPSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. CIVIL ACTION ~ LAW DIVORCE NOTICE YOU HAME BEEN SO~u 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 in 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, includi9 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 Court Administrator, 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania, 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 ~ OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFOPdD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 717.240.6200 REBECCA L. SIMPSON Plaintiff V. SCOTT A. SIMPSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : CIVIL ACTION - LAW : DIVORCE COMPLAINT ~ NOW, comes Plaintiff, Rebecca L. Simpson, by and through her attorney, James W. Abraham, Esquire, Abraham Law Offices, Harrisburg, Pennsylvania, and files the following: DIVORCE PURSUAI~F TO SECTION 3301(c) OF TH~ DIVORCE CODE 1. Plaintiff, Rebecca L. Simpson, is an adult individual who currently resides at 12 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Scott A. Simpson, is an adult individual who currently resides at 12 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months i~m~ediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 6, 1985 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are not members of the Armed Forces of the United States. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. Plaintiff Plaintiff, enter a decree COL~T II - INDIgNITIeS 9. Defendant has caused such indignities against which has made life burdensome and intolerable for the innocent and injured spouse. WHlg~EFORE, Plaintiff requests Your Honorable in divorce dissolving the marriage. Court to DATE: 1/5/01 Respectfully submitted: James W. Abraham, Esq. Abraham Law Offices 513 North Second St. Harrisburg, PA 17101 (717) 232-7825 Attorney for Plaintiff VERIFICATION I, ~ ~--¢~, ~, :i~ , the undersigned, hereby verify and confirm that I have reviewed the foregoing document and the statements therein are true and correct to the best of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of Pa.C.S.A. Section 4904, authorities. relating to unsworn falsification / 18 to CERTIFICA~7~ OF SERVICE I, James W. Abraham, Esquire, the undersigned, do hereby certify that I have served a true and correct copy of the foregoin~ document, by certified mail, on the date indicated below, to the followin9 person(s): Scott A. Simpson 12 East Glenwood Drive Camp Hill, PA 17011 DATE: 1/5/01 James W. Abraham, Esq. REBECCA L. SIMPSON Plaintiff Vo SCOTT A. SIMPSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. 01 95 : CIVIL ACTION - LAW : DIVORCE AFFIDVIT OF SERVICE I, James W. Abraham, Esquire, the undersigned, attorney for Plaintiff in the above-captioned action, Rebecca L. Simpson, hereby swear and affirm that the Complaint in Divorce in the above- captioned action was served upon the Defendant hereto by certified mail, return receipt requested, on January 9, 2001, as verified by the green return card from the U.S. Post Office, which is attached hereto: · Complete items 1, 2rand 3. Aisc complete item 4 if Restricted [~elivery is desired, · print your name and address on the reverse so that wecan return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~icle Addressed to: ~;, ~ [] Agent D. Is delive~ address different fl~ern 1 ? [] Yes If YES, enter delivery address below: [] No 3. Serv Type Se~[~ CC~e~ler ti;ed Mai, [] Registered F1 Express Meil [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service label) ps Form 3811, July t ~9 •Yss DATE: 4/18/01 James W. Abraham, Esquire REBECCA L. SIMPSON Plaintiff SCOTT A. SIMPSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAAID COUNTY, PENNA. : NO. 01 95 : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 5, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of service and filing of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in the Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. REBECCA L. SIMPSON -- / REBECCA L. SIMPSON Plaintiff SCOTT A. SIMPSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. 01-95 : CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2001, by and between REBECCA L. cumberland County, Pennsylvania of Camp Hill, Cumberland County, SIMPSON ("Wife") , of Camp Hill, and SCOTT A. SIMPSON ("Husband") , Pennsylvania. WITNESSETN WHEREAS, the parties hereto are Husband and Wife, married April 6, 1985 in Mechanicsburg, cumberland County, Pennsylvania. The parties have two children: Stephanie Paige Simpson, born September 19, 1991 and Jacob Robert Simpson, born January 23, 1996. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, and the settling of any and all claims and possible claims their respective estates, as hereto. NOW THEREFORE, in consideration covenants and undertakings hereinafter by one against the well as any other other or against matters related of the mutual promises, set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980, as amended February 12, 1988. 2. ~FFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that in 2 the event of absolute divorce between them, they shall nonetheless continue to be bound by all the terms of this Agreement. 3. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement, unless otherwise specified herein. 5. CONSENT OF PARTIES/ADVICE OF COUNSEL Husband and Wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement, which has been explained to Wife by her attorney, James W. Abraham, Esquire, and to Husband by his attorney, Esquire. Husband and Wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. The FINANCIAL DISCLOSURE parties confirm that substantial accuracy of the each has relied on the financial disclosure of the other, 3 except as set forth herein as an inducement to the execution of this Agreement. PERSONAL PROPERTY Except as otherwise stated hereto, Husband and wife have agreed that their personal property, including any and all motor vehicles and bank accounts, have been divided to the parties' mutual satisfaction and neither party will make any claims to the property in the present possession of the other. 8. REAL PROPERTY: Husband and Wife agree that the former marital residence, located at 12 East Glenn Drive, Camp Hill, Pennsylvania is marital property and shall become the sole and separate property of wife pursuant to the following terms: A. Wife shall refinance the existing mortgage on the marital residence to remove Husband's name; B. Husband shall sign a deed transferring sole title to Wife at the time of refinancing; Upon transferring said title, Wife shall pay to Husband the amount of $15,000 as Husband's equitable share of the marital residence; Upon payment of the aforesaid amount to Husband, Husband agrees to immediately and permanently vacate the former marital residence as of the day of receipt of the aforesaid amount and hereby grants Wife permanent and exclusive possession of said residence and forever waives any and all legal or equitable right, title and interest in said residence and/or property. or 9. PENSION AND RETIREMENT BENEFITS Husband and Wife agree to forever waive any past, future legal or equitable interest and/or claim in any 4 present and all pension and/or retirement benefits of the other. Any and all pension and retirement benefits of Husband shall become his sole and separate property; and any and all pension and retirement benefits of Wife shall become her sole and separate property. 10. CUSTODY AND CHILD SUPPORT Husband and Wife agree that the parties shall share legal custody of their children, Stephanie Paige Simpson, born September 19, 1991; and Jacob Robert Simpson, as to all decisions regarding the children's health, education and welfare. Husband and Wife further agree that Wife shall have primary physical custody of said children and said children shall reside with Wife. Husband shall have partial custody of said children as agreed upon by the parties. If the parties cannot agree on Husband's partial custody rights, each party reserves the right to petition the Court of Common Pleas, Cumberland County, Pennsylvania, for a modification of said custody. Further, the children shall not be removed from the Commonwealth of Pennsylvania without Wife's written permission. In the event the children are removed without said permission, Husband agrees that this Agreement. and specifically this para~ra~h0 shall be enforceable by any state or federal authority in any state or federal jurisdiction and/or venue. Husband and Wife specifically stipulate and agree that the Commonwealth of Pennsylvania, in the Court of Common Pleas of Cumberland County, shall retain exclusive jurisdiction and venue of any and all child custody actions between the parties. 5 The amount of monthly child support, as well as any and all terms of child support, shall be agreed upon by the parties. However, each party reserves the right to petition Court of Common Pleas, Cumberland County, Pennsylvania, for child support at any time hereafter. 11. MARITAL DEBTS Husband and Wife agree that the Providian VISA and First Consumer Mastercard are marital debts and each agree to pay $1,300 representing one-half of the total amout due. Husband and Wife shall indemnify and hold each other harmless as to said obligation. 12. AFTER ACOUIRED PROPRRT¥ Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, and/or real property, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respect and for all purposes, as though he or she were unmarried. 13. WIFE'S DEBTS Except as otherwise stated hereto, Wife represents and warrants to Husband that since the date of final separation hereto and since the date of this Agreement, she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible and Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which 6 Husband or his estate might be responsible. Wife shall indemnify and save harmless Husband from any and all olaims or demands made against Husband by reason incurred by Wife. 14. HUSBAND'S DEBTS Except as otherwise stated hereto, warrants to Wife that since the date of of debts or obligations Husband represents and final separation hereto and since the date incurred any debt or be responsible and of this Agreement, he has not contracted or liability for which Wife or her estate might Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save harmless Wife from any and all claims or demands against Wife by reason of debts or obligations incurred by Husband. 15. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as Amended February 12, 1988, particularly the provisions for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. Except as otherwise stated hereto, both parties agree that this Agreement shall conclusively provide for the distribution of property hereby waive, release and they may respectively have under the said law and the parties forever relinquish any further rights against the other for alimony, alimony 7 pendente lite, spousal support, equitable distribution of marital property, attorney fees and expenses. 16. ~4UTUAT, RELEASE Except as otherwise stated hereto, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of each other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have;or any rights which either party may have or at any time hereafter have for past, present or future spousal support or maintenance, alimony, support, equitable distribution fees, costs or expenses, whether marital relation or otherwise, alimony pendente lite, spousal of marital property, attorney arising as a result of the except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which 8 may arise under this Agreement or for the breach of any provision thereof. 17. WAIVER OR MODIFICATION TO BE IN WRITING A modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties and executed with the same formality as this Agreement. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 18. Each MUTUAL COOPERATION party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of this Agreement. 19. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors and assigns in the interest of the parties. 9 21. OTHER DOCUMENTATION Wife and Husband covenant forthwith and within thirty (30) days and agree that they will after demand or due date, execute any and all satisfactions, deeds, writings as may be written instruments, assignments, releases, notes, stock certificates, or such other necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree, should be so executed in order to carry out fully and effectively the terms of this Agreement. 22. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 23. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorney fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 10 24. ~EVERABILIT¥ If any term, condition, clause or provisions of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the provisions herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 25. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws paragraphs/provisions and solely for convenience of of the Commonwealth of Pennsylvania. 26. HEADINGS NOT PART OF AGREEMENT Any headings preceding the subparagraphs reference and part of this Agreement nor shall they construction or effect. 27. ~ The parties hereto agree that irretrievably broken and upon the filing Divorce, pursuant to Section 3301(c) of text of the several hereof, are inserted shall not constitute a affect its meaning, their marriage is of a Complaint in the Divorce Code, regarding No-Fault Divorce, and the expiration of the ninety (90) day time period in accordance with said Section, the parties 11 shall sign an Affidavit of Consent and Waiver, and hereby agree to the entry of Divorce, which shall be incorporated, but shall not merge, therein. IN WITNESS WHEREOF, the parties hereto, have set their hands and seals the day and year first above written. Witness: RE, E~CA L. O~ 12 STATE OF PA : SSt COUNTY OF DAUPHIN : On this ~_day of ~J~lU/~ , 2001, before me, the subscriber, a Notary Public,----in and lo. said Commonwealth and County, came the above-named person(s) Rebecca L. Simpson , satisfactorily proven to me tO be the person(s) whose name(s) is/are subscribed to the within instrument(s), and acknowledged the above instrument to be his/her/their act and deed, and desired the same might be recorded as such. WITNESS my hand and Notarial Seal NOTARY PUBLIC: MY COMMISSION EXPIRES: STATE OF PA : ss: COUNTY OF : On this /0~g' day of ~~ , 2001, before me, the subscriber, a Notary Public~ in an~for said Commonwealth and County, came the above-named person(s) Scott A. Simpson satisfactorily proven to me to be the person(s) whose name(si is/are subscribed to the within instrument(s), and acknowledged the ahoy instrument to be his/her/their act and deed, and desired the same might be recorded as such. WI~SS my hand and Notarial Seal ' MY COMMISSION EXPIRES: Notarial Seal Diane M. Smith, Notary Public Mechanlceburr~ Boro, Cumbedelld County My Commission Expires June 22, 2004 REBECCA L. SIMPSON Plaintiff Vo SCOTT A. SIMPSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAi~D COUNTY, PENNA. : : NO. 01 95 : : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMITRECORD TO '1't-~ PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section (x) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: On January 9, 2001; see attached Affidavit of Service. 3. Complete Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff on 4/15/01; by Defendant on 4/15/01. (b) (1) Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: ; (2) date of service of Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: None pursuant to Marital Settlement Agreement dated January 10, 2001, incorporated but not merged into Decree. 5. Date and manner of service of the Notice of Intention to File Praecipe To Transmit Record, a copy of which is attached if the decree is to be entered under section 3301(d) (i) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe To Transmit Record, a copy of which is attached, if the decree is to be entered under section 3301(c) of the Divorce Code ; OR, date of execution of Waiver of Notice of Intention 4~15/01; date of filing Waiver 4/19/01. DATE: 4/19/01 James W. Abraham, Esq. Abraham Law Offices 513 North Second St. Harrisburg, PA 17101 (717) 232-7825 Attorney for Plaintiff INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. DECREE IN AND NOW .............. ~1~ 2001 , it is ordered and decreed that ............. .~... ~.~..s.o~ .......................... plaintiff, SCOTT A. SIMPSON ond ......................................................... , defendont, ore divorced from the bonds of metrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The Marital Settlement Agreement, attached hereto and made part hereof, shall be incorporated, but shall not merge, into the Decree in Divorce. Prothonotary