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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
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DANA M. MAXWELL,
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Plaintiff
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DEe R EEl N L( L..r /)1/1 ~
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decreed that ..,'.,....., .~A!".~ ,/-!'. .~~, . . . . . . . . .. , .. . , . . . . '. plaintiff,
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are divorced from the bonds of matrimony.
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 Marriage Settlement Agreement dated April 25, 1997, is incorporated
into' 'tnt's 'DeCree' 'oy' reference',' . The' Agreement' sh'a'li 'ricit',' 'however',' 'merge
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RANDY S. MAXWELL,
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Defendant
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DANA M, MAXWELL,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-2409 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
RANDY S, MAXWELL,
Defendant
PRAECIPE OF TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the court for entry of a divorce decree:
1, Ground for divorce: irretrievable breakdown under
Section 3301 (c)of the Divorce Code,
2, Date and manner of service of the complaint: Acceptance
of Service signed by the Defendant on May 15, 1997 and filed August
19, 1997.
3, Date of execution of the affidavit of consent required by
Section 3301 (c) of the Divorce Code: by the plaintiff August 8,
1997; by the defendant August 18, 1997.
4. Related claims pending: All issues have been resolved by
the parties' Marriage Settlement Agreement dated April 25, 1997 to
be incorporated but not merged with divorce 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 330l(d) (1) of the Divorce
Code: N/A.
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 3301(c) of the Divorce Code: N/A; or
date of execution of Waiver of Notice of Intent: by Plaintiff on
August 8, 1997; and by Defendant on August 18, 1997.
DIANE G, RADCLIFF
3448 TRINDLE ROAO
CAMP HILL, PA 17011
(717) 737,0100
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MARRIAGE SETTLEMENT AGREEMENT ,
THIS AGREEMENT made this u~f'.-. day of ~,
1997, by and between DANA M. MAXWELL ("WIFE") of Camp Hill,
Pennsylvania
and
RANDY S. MAXWELL ("HUSBAND") of Lemoyne, Pennsylvania,
WIT N E SSE T H :
WHEREAS, the parties hereto are HUSBAND and WIFE, having
been married on April 22, 1972 in Harrisburg, Pennsylvania.
There were two (2) children born of this marriage: Sophia J.
Maxwell born June 15, 1973 and Matthew W, Maxwell born July
11, 1977.
WHEREAS, diverse and 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 bf settling fully and finally their respective
financial and property rights and obligations as between each
other including, without limitation by specification: the
DIANE G. RADCLIFF
ATTORN EY.AT.LAW
SUII TRINOLE ROAn
CAMP 11I1.1., PA 17011
settling of all matters between them relating to the
ownership and equitable distribution of real and personal
property; the settling of all matters between them relating
to the past, present and future support, alimony and/or
maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in
DIANE G. RADCLIFF
ATTORNEY.AT.LAW
5H8 TRINDLf. ROAn
CAMP JlIl.t. PA 17011
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general, the settling of any and all claims and possible
claims by one against the other or against their respective
estates.
NOW, THEREFORE, in consideration of the premises and
mutual promises, covenants and undertakings hereinafter set
forth and for other good and valuable consideration, receipt
of which is hereby acknowledged by each of the parties
hereto, WIFE and HUSBAND, each intending to be legally bound
hereby, covenant and agree as follows:
1, AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE,
The parties agree that the terms of this Agreement shall
upon the request of either party be incorporated into any
Divorce Decree which may be entered with respect to them,
2, NON-MERGER,
It is the parties' intent that this Agreement does not
merge with the Divorce Decree, but rather, it continues to
have independent contractual significance and each party
maintains their contractual remedies as well as court
remedies as the result of the aforesaid incorporation or as
otherwise provided by law or statute,
3, VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT.
Each party acknowledges that this Agreement has been
entered into of his or her own volition, with full knowledge
of the facts and full disclosure of their separate and joint
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estates, and that each believes this Agreement to be
reasonable under the circumstances,
Further, HUSBAND
acknowledges that he has been advised of his right to be
advised by an attorney of his own choosing prior to entering
into this Agreement and that he voluntarily has decided not
to retain such counsel, and further acknowledges that he
accepts said Agreement and that said acceptance is not based
on any advice or representation made by WIFE'S counsel, Diane
G. Radcliff, Esquire, nor has any such advice and/or
representation been given to HUSBAND by said counsel.
4, FINANCIAL DISCLOSURE.
The parties confirm that each has provided the other
with a full and complete financial disclosure of their
respective incomes, assets and debts and that each has relied
on the substantial accuracy of the financial disclosure of
the other, as an inducement to the execution of this
Agreement,
5. DISCLOSURE AND WAIVE OF PROCEDURAL RIGHTS.
Each party understands that he or she has the right to
obtain from the other party a complete inventory or list of
all of the property that either or both parties own at this
time or owned as of the date of separation, and that each
DIANE G. RADCLIFF
ATIORNEY.AT.l.AW
~us TRINDI.[ ROAU
CAMP 1111.1.. PA 17011
party has the right to have all such property valued by means
of appraisals or otherwise, Both parties understand that
they have the right to have a court hold hearings and make
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decisions on the matters covered by this Agreement. Both
parties understand that a court decision concerning the
parties' respective rights and obligations might be different
from the provisions of this Agreement.
Each party hereby acknowledges that this Agreement is
fair and equitable, that it adequately provides for his or
her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue
influence exercised by either party upnn the other or by any
other person or persons upon either party.
Given said understanding and acknowledgment, both
parties hereby waive the following procedural rights:
a. The right to obtain an inventory and
appraisement of all marital and separate property as
defined by the Pennsylvania Divorce Code.
b, The right to obtain an income and expense
statement of the other party as provided by the
Pennsylvania Divorce Code.
c, The right to have the court determine which
property is marital and which is non-marital, and
equitably distribute between the parties that property
which the court determines to be marital.
d, The right to have the court decide any other
DIANE G. RADCLIFF
A'ITORNEV-AT-I.AW
"H8 TRINIlI.t ROAn
CAMP 111I.1.. PA 17011
rights, remedies, privileges, or obligations covered by
this Agreement, including, but not limited to, possible
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claims for divorce, child or spousal support, alimony,
alimony pendente lite (temporary alimony), custody,
visitation, and counsel fees, costs and expenses.
6, PERSONAL PROPERTY.
HUSBAND and WIFE do hereby acknowledge that they have
previously divided their tangible and intangible personal
property including, but without limitation by way of
specification: automobiles, jewelry, clothes, furniture,
furnishings, and other household goods, pension plans,
retirement plans, bank accounts, life insurance policies and
the like (hereinafter the 'personal Property"), Hereafter
WIFE agrees that all of the Personal Property in the
possession of HUSBAND or titled in his sole name shall be the
sole and separate property of HUSBAND; and HUSBAND agrees
that all of the Personal Property in the possession of WIFE
or titled in her sole name shall be the sole and separate
property of WIFE. The parties do hereby specifically waive,
release, renounce and forever abandon whatever claims, if
any, he or she may have with respect to the above items which
shall become the sole and separate Personal Property of the
other.
7, DIVISION OF REAL ESTATE SALES PROCEEDS.
DIANE G. RADCLIFF
ATIORNEY.AT.I.AW
!Uft TRINIJI.t ROAn
CAMP 11I1.1., PA 17011
The parties acknowledge and agreed that they have
previously sold their marital residence and equally divided
the net proceeds between them to their mutual satisfaction.
DIANE G. RAIlCI.IFF
ATIORNEY.AT.l.AW
!HII TRINIJJ.F. ROAn
('.AMP 11I1.1.. PA 17011
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The parties
hereby waive any right to distribute said
proceeds in any manner or percentage different from their
previous division,
B. MARITAL DEBT,
During the course of the marriage, HUSBAND and WIFE have
incurred certain bills and obligations and have amassed a
variety of debts, and it is hereby agreed, without
ascertaining for what purpose and to whose use each of the
bills were incurred as follows:
a, The joint
obligation owej to ~~~C~fpi PSL
approximatelY~6 shall be
through and by HUSBAND'S disability
with a balance of
continued to be paid
and HUSBAND shall cooperate therewith and shall execute
and process all documents necessary to secure said
disability payment, In the event HUSBAND'S disability
payments terminate so that there no longer is any
coverage or payment for said obligation, then the
parties shall equally contribute to the repayment of the
said obligation until it is paid in full.
b, The joint PNC obligation having an approximate
balance of $4,700.00 shall be paid by WIFE transferring
$2,000.00 of the balance to another loan or credit
arrangement held in her sole name and HUSBAND paying the
remaining balance owed to PNC in the monthly or other
periodic installments required by PNC, all of which
DIANE G. RADCLIFF
ATTORNEY-AT-I.AW
SHS TRINOl.F. ROAIJ
CAMP JlII.L. PA 17011
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shall be paid in a timely fashion so as not to adversely
affect WIFE'S credit rating,
c. All other credit cards, loans and obligations
that are held or were incurred in the individual name of
a party shall be paid by the party in whose primary name
the account, loan or obligation is held.
Each party agrees to hold the other harmless from any
and all liability which may arise from the aforesaid bills
which pursuant to the terms herein are not the responsibility
of the other party. Any joint debt shall be frozen, closed
and canceled so that neither party can make any further
charges or incur any greater liability thereunder and if said
charges are made or liability incurred in violation of this
Agreement than the party incurring said charge shall
immediately repay the same,
9, BANKRUPTCY.
The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in bankruptcy and
expressly agree to reaffirm any and all obligations contained
herein,
In the event a party files such bankruptcy and
pursuant thereto obtains a discharge of any obligations
assumed hereunder, the other party shall have the right to
terminate this Agreement in which event the division of the
parties' marital assets and all other rights determined by
DIANE G. RADCLIFF
AlTORNEY.AT.LAW
HIli TRINIH.[ ROAn
CAMP 1111.1'0 1"'\ 17011
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this Agreement shall be subject to court determination the
same as if this Agreement had never been entered into.
10, WAIVER OF ALIMONY. SUPPORT AND COSTS
The parties agree and hereby waive any right and/or
claim each may have, both now and in the future, against the
other for alimony, alimony pendente lite, spousal support,
maintenance, counsel fees and costs,
11, MUTUAL RELEASES.
HUSBAND and WIFE each do hereby mutually remise,
release, quitclaim and forever discharge the other and the
estate of such other, for all time to come, and for all
purposes whatsoever, of any 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 such other, of whatever
nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of
such other or any part thereof, whether arising out of any
former acts, contracts, engagements or liabilities of such
other or by way of dower or curtsey, or claims in the nature
of dower or curtsey or widow's or widower's rights, family
exemption or similar allowance, or under the intestate laws,
or the right to take against the spouse's will; or the right
to treat a lifetime conveyance by the other as testamentary,
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or all other rights of a surviving spouse to participate in
a deceased spouse's estate, whether arising under the laws of
(a) the Commonwealth of Pennsylvania, (b) State, Commonwealth
of territory of the United States, or (c) any other country,
or any rights which either party may have or at any time
hereafter have for past, present or future support or
maintenance, alimony, alimony pendente lite, counsel fees,
equitable distribution, costs or expenses, whether arising as
a result of the marital relation or otherwise, except, any
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 may arise under this Agreement or for the breach of any
provisions thereof.
12. WAIVER OR MODIFICATION TO BE IN WRITING.
No modification or waiver of any of the terms hereof
shall be valid unless in writing and signed by both parties
and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or
similar nature.
13, MUTUAL COOPERATION.
Each 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 further
instruments and/or document that the other party may
reasonably require for the purpose of giving full force and
effect to the provisions of this Agreement
14, AGREEMENT BINDING ON HEIRS.
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns,
15, 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
warrantied other than those expressly set forth herein,
16. BREACH.
If for any reason either HUSBAND or WIFE fails to
perform his or her obligations owed to or for the benefit of
the other party and/or otherwise breaches the terms of this
Agreement, then the other party shall have the following
rights and remedies, all of which shall be deemed to be
DIANE G. RADCLIFF
ATTORNEY.AT.LAW
UCS TRINOI.[ ROAD
CAMP 1IIL1., PA 17011
cumulative and not in the alternative, unless said cumulative
DIANE G. RADCLIFF
ATIORNEY-AT-l.AW
!UK TRINIH.r. ROAn
CAMP 1111.1.. PA 17011
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effect would have an inconsistent result or would result in
a windfall of the other party.
(a) the right to specific performance of the terms
of this Agreement, in which event the non-breaching
party shall be reimbursed for all reasonable attorney's
fees and costs incurred as the result of said breach and
in bringing the action for specific performance,
(b) the right to damages arising out of breach of
the terms of this Agreement, which damages shall include
reimbursement of all attorney's fees and costs incurred
as the result of the breach and in bringing the damage
action,
(c) the right to all remedies set forth in Section
3502(e) of the Pennsylvania Divorce Code, 23 Pa, C.S.A,
3502(e), an any additional rights and remedies that may
hereafter be enacted by virtue of the amendment of said
Section or replacement thereof by any other similar
laws, which remedies shall include, but not limited to:
(1) the entry of judgement;
(2) the authorization of the taking and
seizure of goods and chattels and collection of
rents and profits of real and personal and tangible
and intangible property;
(3) the award of interest on any unpaid
installment;
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RANDY S. MAXWELL,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DANA M. MAXWELL,
PLAINTIFF
V,
No.9), eJl/of t~J~~m
NOTICE
YOU HAVE BEEN SUED IN COURT, If you wish to defend
against the claims set forth in the following pages, you must
take prompt action, You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce
or annulment may be entered against you by the court, A
judgment may also be entered against you for any other claim
or relief requested in these papers by the Plaintiff, You
may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or
irretrievable breakdown of the marriage, you may request
marriage counseling, A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland
County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF
DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO
CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Administrator
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
DIANE G. RADCLIFF
A1TORNEY-AT,LAW
.H18 TRINDLt ROAn
CAMP 11I1.1.. PA 17011
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
DANA M. MAXWELL,
PLAINTIFF
NO. q'/. .]'/09 (!,vJri-.-
V.
RANDY S. MAXWELL,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
AND NOW, this e~day of
~'1997'
by her attorney,
comes the
Plaintiff, Dana M, Maxwell,
DIANE G.
RADCLIFF, ESQUIRE, and files this Complaint in Divorce of
which the following is a statement:
1, The Plaintiff, Dana M, Maxwell, is an adult
individual residing at 337 E, Crestwood Drive, Camp Hill,
Pennsylvania,
2. The Defendant, Randy S. Maxwell, is an adult
individual residing at Lemoyne, Pennsylvania.
3, Plaintiff and/or Defendant have been bona fide
residents of the Commonwealth for at least six (6) months
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on April 22,
1972 at Harrisburg, Pennsylvania,
DIANE G. RADCLiff'
ATIORNEY.AT.1.AW
~UI TRINIJI.r. ROAn
C.AMP 1111.1.. PA 17011
2
5. There have been no prior actions of divorce or
annulment between the parties.
6. Plaintiff has been advised of the availability of
counseling and the right to request that the Court require
the parties to participate in counseling.
7, The Defendant is not a member of the Armed Services
of the United States or any of its Allies,
8, The Plaintiff avers that the grounds on which the
action is based are:
(a) That the marriage is irretrievably broken.
Or in the alternative,
(b) That Defendant has offered such indignities to
the person of the Plaintiff, the innocent and injured spouse,
as to render her condition intolerable and life burdensome,
and that this action is not collusive.
Or in the alternative,
(C) That the parties are now living separate and
apart, and at the appropriate time, Plaintiff will submit an
Affidavit alleging that the parties have lived separate and
apart for at least two (2) years and that the marriage is
irretrievably broken.
DIANE G. RADCLIFF
ATIORNEY.AT.I.AW
'448 TRINnLE ROAD
CAMP 111I.1.. PA 17011
3
WHEREFORE, Plaintiff requests this Honorable Court to
enter a decree in divorce, divorcing the Plaintiff and
Defendant.
Respectfully submitted,
DIANE G. RADCLIFF
ATTORNEY.AT.LAW
'448 TRINDLE ROAD
CAMP JlIl.L. PA 17011
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DANA M, MAXWELLL
P AINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO, 97.2409 CIVIL TERM
: CIVIL ACTION. LAW
: IN DIVORCE
RANDY S, MAXWELL...
D~FENDANT
I, I consent to the entry of a final decree in divorce without notice,
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediatcly after it is filed with the Prothonotary.
I verifY that the statements made in this Affidavit are true and correct, I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Dated: ~-1?-1 J-
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