HomeMy WebLinkAbout10-3067IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SUSAN J. HAMPTON,
PLAINTIFF,
VS.
WILLIAM E. HAMPTON,
DEFENDANT,
Civil Action---Divorce
Docket No.
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NOTICE TO DEFEND AND CLAIM OF RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail
to do so, the case may proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of your children.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER FO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, Pennsylvania 17101
(717) 249-3166
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SUSAN J. HAMPTON,
PLAINTIFF, Civil Action---Divorce
Docket No.
VS.
WILLIAM E. HAMPTON,
DEFENDANT,
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 tomare accion con prontitud. Se le avisa que si
no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento
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 officina del Prothonotary, en Ia. Cumberland County
Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101.
SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL.
HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE
ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE
INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A
LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE
OBTENER ASIS TENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, Pennsylvania 17101
(717) 249-3166
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SUSAN J. HAMPTON,
PLAINTIFF, Civil Action---Divorce
Docket No. 10 3 01v -7c.,,.'/ -ter,h
vs.
.
WILLIAM E. HAMPTON,
DEFENDANT,
COMPLAINT UNDER SECTION
3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES
1. Plaintiff is Susan J. Hampton, an adult individual, sui juris, who currently resides 19
Woods Drive, Mechanicsburg, 17050, in the County of Cumberland, Commonwealth of
Pennsylvania.
2. Defendant, is William E. Hampton, and adult individual, sui juris, who currently
resides at 19 Woods Drive, Mechanicsburg 17050, in the County of Cumberland,
Commonwealth of Pennsylvania.
JURISDICTION & VENUE
3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of
more than 6 months.
4. The parties were married on the 21st, day of September, of 1985, in the County
of Cumberland, Commonwealth of Pennsylvania.
5. The Plaintiff is not in the military service of the United States within the provisions of
the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments.
6. There have been no prior actions for divorce instituted by the plaintiff or defendant in
this Commonwealth.
AVAILABILITY OF COUNSELING
THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE
NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE
IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS:
23 Pa.C.S. & 3301(a)(6)•-------Indignities
23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent
23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the
court determines that there is a reasonable prospect of
reconciliation.
A list of marriage counselors is available in the Office of the Prothonotary
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania
17013.
GREGORY S. HAZLETT, ESQUIRE
ATTORNEY & COUNSELOR AT LAW
Gregory s i e
Attorn for rainti?
7 We t Main Street
Mechanicsburg, Pennsylvania 17055
Phone: (717) 790-5500
GROUNDS FOR DIVORCE
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE
DIVORCE CODE.
7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living
separate since 2008.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that the plaintiff may have
the right to request that the court require the parties to participate in counseling.
WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce
pursuant to, and in conformity with 3301 (d) of the Divorce Code.
11. The parties do not have any biological children born within or outside of the
marriage.
12. The parties have not heretofore entered into any written agreement as to support,
Alimony, or property division.
GROUNDS FOR DIVORCE
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE
DIVORCE CODE.
13. The prior paragraphs are incorporated herein by reference.
WHEREFORE, provided the parties file affidavits consenting to a divorce after
ninety (90) days have elapsed from the date of the filing and service of this Complaint,
plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section
3301(c) of the Divorce Code.
COUNTI
ALIMONY
14. The averments of paragraphs 1 through 13 of Count I of this Complaint are
incorporated herein as if set forth verbatim.
15. Plaintiff is in need of alimony to provide to her financial support sufficient to meet
and fulfill her reasonable needs.
16. Plaintiff, states that subsequent to the entry of the divorce decree she will encounter
financial constraints derived from the costs and expenses associated with maintaining a
lifestyle which she currently is accustomed to during her marriage to plaintiff.
17. Plaintiff is disabled and as such her earning potential is and will continue to be fixed
and severely circumscribed as compared to that of defendant husbands'.
18. Plaintiff, declares that due to the disparate level of income as between herself and
defendant husband she will be unable to fulfill her reasonable needs and sustain that
lifestyle for which she has become accustomed during her marriage.
19. Plaintiff alleges and avers that in the absence of such Alimony defendant will be
unable to provide for her basic necessities and fulfill her financial obligations as they
become due subsequent to the entry of a divorce decree.
WHEREFORE, Plaintiff prays that this Honorable Court grant her Alimony until
such time as the law will allow and provide.
COUNT II
PETITION FOR EQUITABLE DIVISION DISTRIBUTION AND ASSIGNMENT
OF MARITALPROPERTY
20.The averments of paragraphs 1 through 19 of Count I and II are incorporated herein
by direct reference thereto as if set forth verbatim.
21. The parties are the owners of various items of personal property and real property
which qualifies as marital property as defined in Section 401 of the 1980 Divorce Code.
22. Such marital property includes both real and personal property as well as other
intangible property thought to exist, including but not limited to pensions, retirement
plans
23. Such property is subject to equitable division, distribution and assignment by this
Court.
WHEREFORE, Plaintiff prays that this Honorable Court:
(a) Equitably divide, distribute and assign all of the parties' marital property:
(b) enjoin Defendant from transferring or encumbering any marital property
during the pendency of this action.
COUNT III
REQUEST FOR COSTS & EXPENSES
24. The averments of paragraphs 1 through 23 of Count I and II are incorporated herein
by direct reference thereto as if set forth verbatim.
25. Plaintiff will also incur legal expenses and costs to pursue the legal claims for which
she is entitled to and required to pursue, and/or assert her defenses to the same and as
such is in need of reimbursement for expenses incurred.
26. Plaintiff has heretofore expended $500.00 in counsel fees plus costs, relative to this
action and will incur additional expense during its pendency up until its conclusion.
WHEREFORE, Plaintiff prays that this Honorable Court award her reimbursement
from the defendant in this action to compensate her for legal expenses up to the
conclusion of this action.
GREGORY AZLETT, ESQUIRE
ATTORNE cOUNSELIA ATXAW
rney torinalntl
est Main Street
Mechanicsburg, Pennsylvania 17055
Phone: 717) 790-5500
VERIFICATION
I verify that upon personal knowledge or information and belief 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 falsification
to authorities.
n I Hamp on, Plaintiff
Date: 5-7" oZ O 10
SUSAN J. HAMPTON,
Plaintiff
v.
WILLIAM E. HAMPTON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 10-3067
CIVIL ACTION -LAW
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Please enter the appearance of Melanie L. Erb, Esquire in the above referenced matter for
the Defendant, William E. Hampton., per his request.
Date:
Respectfully Submitted,
anie .Erb
At orney ID # 84445
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
(717)975-9446
Attorney for Defendant
Melanie L. Erb, Esquire
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Merb!a~,dcdlaw.net
SUSAN J. HAMPTON,
Plaintiff,
v.
WILLIAM E. HAMPTON,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 10-3067
CIVIL ACTION
IN DIVORCE
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date, a true a correct copy of the foregoing
Praecipe was served by first class mail upon the following:
Gregory S. Hazlett, Esquire
7 West Main Street
Mechanicsburg, PA 17055
Attorney for Plaintiff
Date: LC v
anie L. Erb
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SUSAN J. HAMPTON,
Plaintiff,
: No. 2010-3067
VS.
: Civil Action - Divorce
WILLIAM E. HAMPTON,
Defendant
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AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May
11 th, 2010, and served upon defendant on may 20th, 2010 by way of an Acceptance of
Service.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of service of the divorce Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyers
fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
Cons. Stat. S 4904 relating to unsworn falsification to authorities.
Date• 7
n WJ. ampton, Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SUSAN J. HAMPTON,
Plaintiff,
VS.
WILLIAM E. HAMPTON,
Defendant
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WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a Divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the Court,
and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
4. I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. & 4904
relating to unsworn falsification to authorities.
Date: ,_ 9,
an J. Ham ton, Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SUSAN J. HAMPTON, ' ?.
Plaintiff,
No. 10-3067 ? ? G'? -10 r
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WILLIAM E. HAMPTON
Defendant
ACCEPTANCE OF SERVICE
I, William E. Hampton, accept service of the Complaint in Divorce, Notice to Defend and
Notice of Availability of Counseling as Defendant in the above captioned matter. I acknowledge
that I am the Defendant in said matter and I am authorized to accept as the Defendant.
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Date William E. Hampton, De endant
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Mailing Address
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SUSAN J. HAMPTON,
PLAINTIFF, Civil Action---Divorce
VS.
WILLIAM E. HAMPTON,
DEFENDANT,
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CERTIFICATE OF SERVICE
I, Gregory S. Hazlett, Esquire, hereby certify that on March 20th, 2010, I made service
of the foregoing Divorce Complaint and related documentation, upon the following
interested parties listed hereunder by way of Acceptance of Service addressed to the
defendant as listed hereunder.
WILLIAM E. HAMPTON
19 WOODS DRIVE
MECHANICSBURG, PA. 17050
GREGORY S.HAZLETT
7h?t Main Street
chanicsburg, PA. 17055
Phone: 717-790-5500
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SUSAN J. HAMPTON,
Plaintiff,
VS.
WILLIAM E. HAMPTON,
Defendant
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AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May
1 lth, 2010, and served upon defendant on may 20th, 2010 by way of an Acceptance of
Service.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of service of the divorce Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyers
fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.
Cons. Stat. S 4904 relating to unsworn falsification to authorities.
Dater a-Q 1
William E. Hampton, )Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SUSAN J. HAMPTON,
Plaintiff,
VS.
WILLIAM E. HAMPTON,
Defendant
No. 2010-3067
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WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a Divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the Court,
and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
4. I verify that the statements made in this Affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. & 4904
relating to unsworn falsification to authorities.
Date: 7 j?}
William E. Hampton, efendant
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SEPARATION AND PROPERTY SETTLEMENT
AGREEMENT OF a-x
SUSAN J. HAMPTON AND WILLIAM E. HAMPT6
THIS AGREEMENT, made this day of 2011
by and between Susan J. Hampton, hereinafter referred to as " Wife", and William E.
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Hampton, hereinafter referred to as " Husband".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on September 21'x, 1985,
AND
WHEREAS, certain differences have arisen between the parties as a result of which
they have separated and, and are desirous, therefore, of entering into an agreement which
will provide for support, distribute their marital property, and will provide for their mutual
responsibilities and rights growing out of the marriage relationship; and
WHEREAS, the parties hereto, after being properly advised, have come to the
following agreement.
NOW, THEREFORE, in consideration of the above recitals and the following
covenants and promises mutually made and mutually to be kept, the parties heretofore,
intending to be legally bound and to legally bind their heirs successors and assigns thereby,
covenant, promise and agree as follows:
1. SEPARATION:
It shall be lawful for each party at all times hereafter to live separate and apart from
the other at such place or places as he or she may from time to time choose or deem fit.
2. INTERFERENCE:
Each party shall be free from interference, authority and contact by the other as fully as
if he or she was single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor
to molest the other, nor compel the other to cohabit with the other, nor in any way harass or
malign the other, nor in any way interfere with the peaceful existence, separate and apart
from the other in all respects as if he or she were single and unmarried
3. WIFE'S DEBTS:
Wife represents and warrants to Husband that since their separation on or about 2008,
she has not, and in the future she will not, contract or incur any debt or liability for which
Husband or his estate might be responsible and shall indemnify and save Husband harmless
from any and all claims and demands made against him by reasons of debts or obligations
incurred by her subsequent to the entry of the divorce decree.
4. HUSBAND'S DEBTS:
Husband represents and warrants to Wife that since their separation on or about 2008,
he has not, and in the future he will not, contract or incur any debt or liability for which
Wife or her estate might be responsible and shall indemnify and save Wife harmless from
any and all claims and demands made against her by reasons of debts or obligations
incurred by him.
4. OUTSTANDING JOINT DEBTS:
It is represented as between the parties that there are currently joint marital debts incurred
during the marriage and consisting of a home mortgage which Wife shall assume upon the
refinance of the marital home and therefore shall become the sole liability of Wife to
continue to pay holding husband harmless from the same.
5. LEGAL REPRESENTATION
It is hereby acknowledged and understood as between the parties to this agreement that
Wife is represented by Gregory S. Hazlett, Esquire and Husband, is represented by
Melanie Erb, Esquire to explain their respective legal rights and responsibilities. Each
party has reached this agreement without any duress, coercion, or undue influence and has
accordingly entered this agreement voluntarily and knowingly.
6. MUTUAL RELEASE:
Subject to the provisions of this Agreement, each party waives his or her right to any
and all legal or equitable claims not otherwise provided for or allowed within this
agreement, inasmuch as the parties hereto agree that this Agreement provides for an
equitable distribution of their marital property in accordance with the Divorce Code of
1980, as amended. Subject to the provisions of this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release and discharge the other of and
from all causes of action, claims, rights or demands whatsoever in law or equity, which
either of the parties ever had or now has against the other, except any or all cause or causes
of action for divorce and except in any or all causes of action for breach ofany provisions of
this Agreement. Each party also waives his or her right to request marital counseling
pursuant to Section 202 of the Divorce Code.
7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY:
The parties have attempted to distribute their marital property in a manner which
conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and
taking into account the following considerations: the length of the marriage; the age, health
station, amount and sources of income, vocational skills, employability, estate, liabilities
and needs of each of the parties; the contribution of each party to the education, training or
increased earning power of the other party; the opportunity of each party for future
acquisitions of capital assets and income; the sources of income of both parties' including
but not limited to medical, retirement, insurance or other benefits; the contribution or
dissipation of each party in the acquisition, preservation, depreciation or appreciation of the
marital property, including the contribution of each spouse as a homemaker; the value of the
property set apart to each party; the standard of living of the parties established during the
marriage; and the economic circumstances of each party at the time the division of property
is to become effective.
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets, funds or other property not constituting marital property.
From and after the date of the signing of this Agreement, both parties shall have complete
freedom of disposition as to his/her separate property and any property which they have
divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or
otherwise encumber or dispose of such property, whether real of personal, whether such
property was acquired before, during or after the marriage, and neither 1-lusband nor Wife
need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the
other pertaining to such disposition of property
A. DISTRIBUTION OF PERSONAL PROPERTY
The parties hereto have mutually agreed to divide their personal property as outlined
hereinafter in EXHIBIT "A" attached to this agreement. that Wife, shall be entitled to take
all personal property from the marital residence of her choosing consisting of, but not by
way of limitation, the household furnishings, appliances, and other household personal
property of whatever type, description, and form, and they mutually agree that Husband and
Wife shall from and after the date that they take the personal property that they shall be the
sole and separate owners of all such tangible personal property then presently in their
possession. Should it become necessary, the parties each agree to sign, upon request, any
titles or documents necessary to give effect to this paragraph .
LIST OF ITEMS TO BE DIVIDED
SEE EXHIBIT "A" ATTACHED AS TO THE DISTRIBUTION OF PERSONAL
PROPERTY.
Household 6-21-2011 EXHIBIT "A"
Pont. Aztek
The house
Queen Bed & mattress
2 Night stands
Cherry desk & Pine desk
Cherry dresser & green dresser
40" TV & 17" TV
All children, fantasy & sifi books
Wooden swivel rocker
Drop leaf table & chairs
3 three draw end tables
5 mental floor lamps
6 table lamps
All oil lamps
Washer & dryer
All living room furniture
Freezer
All kitchen appliances
All pots & pans
Most Dishes & silverware
All art & art supplies
Entertainment center
Most DVD's & player
All tins & Holiday decorations
All costumes
Stereo - newest
All mowers & snow blowers w/access.
Cameras & computers
Fireplace insert & fire pit w/access.
Safe
Big flour bin w/lid (Xmas box)
Vacuum cleaner w/access.
Radial arm saw & other tools
What ever helps to keep the house up.
Window treatments
Towels & sheets
All other bookcases
Other wind chimes
2 desk chairs
Suzy
Bill
8. REAL PROPERTY:
The parties to this agreement have a legal, equitable, and possessory interest in real property
consisting of a marital home located at 19 Woods Drive, Mechanicsburg, PA. 17055. It is hereby
agreed by and between the parties that Wife shall refinance the existing mortgage currently held
with Sovereign Bank, thereby removing her Husband's name from the mortgage obligation.
Contemporaneous with the refinance of the home, Husband shall convey Legal, Equitable and
Possessory ownership of the home to Wife by executing a Deed into Wife's name of the Marital
Residence. Husband agrees to waive any and all rights to any Equity in the home and/or profits of
the home should Wife choose to sell the same subsequent to the refinance of the home. Wife shall
pay all outstanding expenses relative to her ownership and occupation of the home including but
not by way of limitation, mortgage payments. Real estate taxes, homeowners insurance, utilities,
repairs, maintainance and hold husband harmless from the same. Wife has been currently
approved for refinancing of the home with Franklin American Mortgage Co., and accordingly
Husband agrees to sign any documentation necessary to convey ownerhip ol'the home to Wife and
allow the refinance of the home to be implemented.
9. SUPPORT
Each party forever releases, relinquishes, and forfeits any and all claims against the other for
Spousal Support, Alimony Pendente Lite, Costs and Expenses and any and all other claims of
support of any kind.
10. PENSION PLAN (S)/ RETIREMENT ACCOUNTS/ IRA(s)/ STOCKS/BONDS
Wife shall be entitled to fifty (50%) percent of husband's pension which is currently held with
Ameriprise Achiever and that has a current market value of two hundred thirty eight thousand
eighty four dollars and forty six cents ($238,084.46 dollars) of which Wife shall receive one
hundred and nineteen thousand forty two dollars and twenty three cents ($119,042.23). Husband
shall cooperate in the signing of any documentation including a Qualified Domestic. Relations
Order so as to implement the division of these funds into Wife's name.
11. MOTOR VEHICLES:
Wife shall be retain legal and equitable ownership of the 2002 Pontiac Aztek that is
currently titled in her name.
Husband shall be entitled to retain legal and equitable ownership of the Mercury Villager
Van that is currently titled in both names. Wife agrees to sign legal title into husband's name
upon the execution of this agreement by both parties. Husband shall also retain legal and
equitable ownership of the 1998 Chevrolet Malibu and shall convey title of the same into
husband's name subsequent to the execution of this agreement by both parties.
6
Chevy Malibu
Single wooden bed
I night stand
1 dresser & 1 chest of draws
Trestle dining table & benches
Pine desk & chair
Denim Laz-E-Boy & 7' round red rug
32" TV
Stereo - oldest
All civil war books
2 Trestle end tables
I Trestle coffee table
Wooden rocking chair w/red pad
1 C & Ives floor lamp
2 5' bookcase
Train set
Blue glass dish set /w blue mugs, 4 16oz. plast. cups
2 pots & 2 pans
Star trek glasses
2 wooden table lamps /w lighthouse shades
2 towel set (2 bath, 2 hand, 2 wash.)
2 potholders & 4 kit. towels
2 twin sheet sets
All Penn State stuff, sport Xmas, Xmas light sculptures, & wooden spinners
DVD's - war, Advengers & Bond movies
Silver wind chime, Partridge & art in his room
Plastic santa sleigh & reindeer, & lighted Xmas tree
Baseball uniform
Both
Loin collection -- to be apprised
CD's - worked out
DVD's - worked out
T
Merc. Village
5
12. BANK ACCOUNTS
All existing bank accounts currently held in joint names shall be dissolved within 6 months of the
date of execution of this agreement and the proceeds split equally.
13. COUNSEL FEES AND EXPENSES:
Husband and wife shall not seek any compensation from the other spouse for Counsel Fees and
Expenses. Husband and Wife Acknowledge and agree that the provisions of this Agreement
providing for the equitable distribution of marital property of the parties are fair, adequate and
satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu
of and in full and final settlement and satisfaction of all claims and demands that either may now or
hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other
provisions for their support and maintenance before, during and after the commencement of any
proceedings for divorce or annulment between the parties. Husband has been advised that he has
the right to retain an Attorney of his choosing prior to the execution of this agreement and during
the divorce proceedings.
14. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may dispose of' his or her property in any
way, and each party hereby waives and relinquishes any and all rights lie or she may now have or
hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or
estate of the other as a result of the marital relationship, including without limitation, dower,
curtesy, statutory allowance, widow's allowance, in testate share, right to take against the will of the
other, and right to act as administrator or executor of the others estate. Each will, at the request of
the other, execute, acknowledge and deliver any and all instruments that may be necessary or
advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and
claims.
15. SUBSEQUENT DIVORCE:
Wife anticipates filing a no-fault complaint in divorce against Husband under Section 3301
(c) of the Divorce Code. In the event such divorce action is concluded, the parties shall be bound
by all the terms of this Agreement which may be incorporated by reference into the Divorce Decree,
shall not be merged into the Divorce Decree, and shall not be modified, but shall in all respects
survive the same and be further binding and conclusive upon the parties. It is the intention of the
parties that the Agreement shall survive any action for divorce which may be instituted and
prosecuted by either party and no order, judgment or decree of divorce. temporary. ;anal or
7
permanent shall affect or modify the financial terms of this API-ccuient. '[his Agreement nrry be
incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be
incorporated for the purposes of enforcement only.
16. BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreement, the other party shall hay e the right, at
his or her election, to sue for damages for such breach, or seek other such remedies or reliel'as may
be available to him or her, and the party breaching this Agreemment should be responsible for
payment of legal fees and costs incurred by the other in enforcing his or her rights under this
Agreement.
A. It is expressly understood and agreed by and between the parties hereto tl ;it this
Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law ;urd the
parties hereto agree that if an action to enforce this Agreement is brought in 1Jquity by either party,
the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on
the ground that there is an adequate remedy at law. the parties to not intend or purport hereby to
improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided
herein for the forum of Equity in mutual recognition of the present state of the law, ,ind in
recognition of the general jurisdiction of Courts in Equity over agreenmeuts such as this one.
B. Notwithstanding anything to the contrary herein, Husband and Wile may also l,roceed
with an action at law for redress of his or her rights under the terms of this Agreement, and in such
event it is specifically understood and agreed that for and in specific consideration of the other
provisions and covenants of this Agreement, each shall waive any right to a jury trial sO is to
expedite the hearing and disposition of such case and so as to avoid delay.
C. Each party further hereby agrees to pay and to save and hold harmless the other pay ty I'
I'OM
any and all attorney's fees and costs of litigation that either nmay sustain, or ii cur or
become liable for, in any way whatsoever, or shall pay upon, or in consequence of any
default or breach by the other of any of the terms or provisions of this agrcer-,mt by
reason of which either party shall be obliged to retain or engage counsel to iniiiate or
maintain or defend proceedings against the other at law or equity or both in ?rniy way
whatsoever; provided that the party seeks to recover such attorney's lees, and costs of
litigation must first be successful in whole or in part, before there would be any ..,bility
for attorney's fees and costs of litigation. It is the specific agrcernment and i im- of the
parties that a breaching or wrongdoing party shall bear the burden and obligation any
and all costs and expenses and counsel fees incurred by hirmmsell'or herself as ??e! is the
other party in endeavoring to protect or enforce his or her rights under this Agrccw !it.
8
17. ADDITIONAL INSTRUMENTS:
Each of the parties shall from time to time, at the request of the other. execute, aclm(\\ ledge
and deliver to the other party any and all further instruments that may he reason<<hly requirc?i ?o give
full force and effect to the provisions of this Agreement.
18. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been completely revieN\c, ! by the
parties, and each party acknowledges that the Agreement is fair and c(Iuitahlc, that it : being
entered into voluntarily, with full knowledge of the assets of both parties, and that it is not t i . result
of any duress or undue influence. The parties acknowledge that they have hecn frunishcd ith all
information relating to the financial affairs of the other, which has been regUested by each OI-them.
19. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties .uid there ire no
representations, warranties, covenants or undertakings other than those expressly set 1`61-111 herein.
Husband and Wife acknowledge and agree that the provisions of this Agreement with respcct to the
division and distribution of marital and separate property are fair, equitable and s.itisfactor. <<) them
based on the length of their marriage and other relevant factors, which have been til: n into
consideration by the parties. Both parties hereby accept the provisions of this Agrecni, t with
respect to the division of property in lieu of and in full and final settlement and satislacti(! ?. of all
claims and demands that they may now have or hereafter have against the other for itable
distribution of their property by any court of competent jurisdiction pursuant to Section -1(d) of
the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently \? ;i . - and
relinquish any right to seek a court ordered determination and distribution of m<lntal prop y, but
nothing herein contained shall constitute a waiver by either party of any rights to sccl: the lief of
any court for the purpose of enforcing any provision of this Agreement.
20. DISCLOSURE:
Husband and Wife each represent and warrant to the other that he or she kis rrnadc ;. . II and
complete disclosure to the other party of all assets of any nature whatsoever in which such ty has
an interest, the sources and amount of the income of such party or every tape whatsoever of all
other facts relating to the subject matter of this Agreement.
9
21. MODIFICATION AND WAIVER:
A modification and waiver of any of the provisions of this Agreement shall be ef(cc % c only
if made in writing and executed with the same formality as this Agreement. The Ili] lure either
party to insist upon strict performance of any of the provisions of this Agreement shill not be
construed as a waiver of any subsequent default of the same or similar nature.
22. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement agreements x,hich ni:r_ Have
been executed prior to the date and time of this Agreement are null and void and of no .ct as
well as any verbal agreements or representations occurring prior to the effective cl,iic .)f this
instrument.
23. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only. They shell have ; effect
whatsoever in determining the rights or obligations of the parties.
24. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto that each 1, !,'raph
hereof shall be deemed to be a separate and independent covenant and agreement.
25.. APPLICABLE LAW:
This Agreement shall be construed under the laws of the Commonwealth of Pennsyl
26. VOID CLAUSES:
If any terms, conditions, clause or provision of this Agreement shall be determined or ,'.,dared
to be void or invalid in law or otherwise, then only that term, condition, clause or provisi? 'r;ill be
stricken from this Agreement and in all other respects this Agreement shall be valid and c; ue in
full force, effect and operation.
27. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties hereto their
respective heirs, executors, administrators, successors and assigns.
10
IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto have their
hand and seals the day and year first above written.
S n I Ham on
Y
Commonwealth of Pennsylvania
County of Cumberland
On this, the ,day of _A.D. 2011, before me a Nolan 1't1blic
appeared Susan J. Hampton, known to me (or s(1tisfactorily proven) to be the persu;;whose
name is subscribed to the within instrument, and acknowledged that he executed the sam, '[,r• the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENN EVANUI &Seal
NOTARIAL BEAT,
PAULA K SMITH, NOTARY K" SILVER SPRING TWP., CUMBERLAND
COUNTY - L rU
MY COMMISSION EXPIRES FEBRUARY 3,2D12 Titl of Officer
William E. Hampton
Commonwealth of Pennsylvania
County of Cumberland
On this, the 151 ,day ofJ1"ZjIV A.D.2011, before me a Notari 1)t1blic
appeared William E. Hampton„ known to me (or satisfactorily proven) to be the person, t?'hose
name is subscribed to the within instrument, and acknowledged that he executed the sarn, '()r the
purposes therein contained.
IN WITNESS WHEREOF, I hereunto .set my hand and official seal.
-Seal
ECaMP ___ _ __. -
NOTARIALSEA Public 1'?'C Of -Office
SMEIGH, Notary
l goro, Cumberland County
2013
sion Expires Februry
SUSAN J. HAMPTON
VS.
WILLIAM E. HAMPTON
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 2010-3067 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry :
voce
decree: ?M
c
c-3
r-
I. Ground for divorce: C>
Irretrievable breakdown under § (3301(c)) and > m
(Strike out inapplicable section.)`
2. Date and manner of service of the complaint:s Ev
ACCEPTANCE OF SERVICE MAY 20TH, 2010 - ;
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by § 3301(c) of the
Divorce code:
by plaintiffJTJLY 9TH, 2011 ; by defendant JULY 22ND 2011
(b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code:
N/A
(2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the
respondent opposing party:
N/A
4. Related claims pending:
NONE
5. Complete either (a) or (b)
(a) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached: N/A
(b) Date plaintiff's Waiver of Notice was filed with the Prothonotary:
Date defenda?nnt's . Waiver of Notice was filed with the Prothonotary:
? /? ?/i
Attorney r Plaintiff/Defendant
SUSAN J. HAMPTON
V.
WILLIAM E. HAMPTON
DIVORCE DECREE
AND NOW, _ 6bt2t ,,a,-& !e, , ao I j , it is ordered and decreed that
SUSAN J. HAMPTON , plaintiff, and
WILLIAM E. HAMPTON
bonds of matrimony.
defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
IT IS FURTHER ORDERED, that the Marital Settlement Agreement, executed by
the parties on the 2ND, day of JULY, 2011, shall be incorporated into the Divorce
Decree and shall not Merge and shall become an Order of Court and enforceable
as such.
By the Court,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-3067
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
SUSAN J. HAMPTON
Plaintiff,
No. 2010-3067
VS.
WILLIAM E. HAMPTON
Defendant,
Civil Action - Divorce
NOTICE OF INTENT TO RETAKE PRIOR NAME
Notice is hereby given that the Plaintiff, Susan J. Hampton, in the above captioned matter,
having been granted the final Decree in Divorce on the 16th day of August , 2011, hereby
elects to retake and use her previous name of S.J. Stack and gives this written notice
avowing her intention in accordance with the provisions of the Act of December 16, 1982, 54
Pa.C.S. 1704.
-z
Susan . Hampton, Petitioner MM C-) ?
cn r
° --i
- -a
? ?-.
y
?
To Be Known as: CD
4
..
U.
.J. Stack
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND :SS
Subscribed and sworn to before me this day of bCe/ , 2011.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
iff Public KITTY M. GLASSER
Commission Ex ?R SPRING TOWNSHIP, CUMBERLAND COUNTY
MY COMMISSION EXPIRES JULY 29, 2012
C'?r - X7/6
??s76,3