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OF CUMBERLAND COUNTY
STATE OF
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PENNA.
CHARLES W. RUSSELL,
Plaintiff
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SHIRLEY A. RUSSELL,
Defendant
AND NOW,
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decreed that ....... .. .ql.IN~.~E;!? \~'" .~l)p.S.E;r,.t.. . . . . . . . . . . . . . . . .. plaintiff,
and. .. .. .. .. .... .. .. .. . ~!I.I.~~~Y. .~:. ~.~~s~~.~. ... . .. .. ......, defendant.
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;
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: IN TilE COURT m' COMMON ('LEAS
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. CUMBERLAND COUNTY, PENNSYLVA~IA
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VS. : CIVIL DIVISION
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~#:Z'<t..l:1 /I. RVSSt L<:.. : NO. crt.> .. 3"3b CIVIL TERM
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PRAECIPE TO 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 53301(c)
J- -) of the Di'lOrce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: 3y 1~~~/a4~ o~
c;,~tj(lul.lul tfle.~/J. '21. If?/, /,,,,,,I'o!rI-6 fJ.,~/d~.~4 f'rl!}u,r,.
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3. Complete either paragraph (a) or (bl.
(a) Date of execution of the affidavit of consent required
by 5330l(c) of the Divorce Code: by plaintiff II"i"";! /:2.1127 :
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by defendant /l"ul,d Irt . /191
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(b)(l) Date of execution of
of the Divorce Code:
the affidavit required by
: (2) Date of filing
S3301(d)
and
service of the plaintiff's affidavit upon the r~spondent:
4. Related
A~.,...1U A'(i!t""t'.d
claims pending: fillrld'/"$ ft'$olvref
;{ ,It fo..- a/lcl
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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:
(b) Date plaintiff's
filed with the Prothonotary:
Date defendant's
filed with the Prothonotary:
Waiver of Notice in
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Waiver of Notice in
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5330l(c) Divorce was
5330l(c) Divorce was
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Attorney for (Plaintiff)
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WHEREAS, the parties hereto are husband and wife,
having been married on February 23, 1973; and
WHEREAS, the parties are the parents of the minor
child, Nicole Lynn Russell.
WHEREAS, certain differences have arisen by and between
the parties as a result of which they have now separated and
contemplate living separate and apart from one another, 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 specifica-
tion: the settling of all matters between them relating to the
\ ownership and equitable distribution of real and personal pro-
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perty: the settling of all matters between them relating to the
past, present and future support and/or maintenance of the child;
the settling of all matters between them relating to the past,
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MARITAL AGREEMENT
THIS AGREEMENT, made this 12th day of August, 1997, by
and between Shirley A. Russell, party of the first part, hereina-
fter referred to as "Wife", and Charles W. Russell, party of the
second part, hereinafter referred to as "Husband".
WITNESSETH:
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present and future support, alimony and/or maintenance of Wife by
Husband or of Husband by Wife; and in general, the settling of
any and all claims and possible claims by one against the other
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or against their respective estates.
WHEREAS, the parties being fully advised as to their
respective rights, duties and obligations growing out of their
marital status, particularly with respect to the relevant sec-
tions of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No.
26, as amended, 23 P.S. 3101 et sea., and being fully aware of
their right to consult with or having consulted with their
respective legal counselor advisors, Robert G. Radebach, Esquire
Attorney for wife, and Andrew C. Sheely, Esquire, Attorney for
Husband, and having had the opportunity and ability to request a
full and complete disclosure of income and assets from the other,
and reviewing this Agreement, have come to an agreement as to
each and all of their said matters of property and relations: and
WHEREAS, Husband has filed a No-fault complaint in
Divorce, said Complaint being docketed in the Cumberland County
Prothonotary's Office at No. 96 - 336.
NOW, THEREFORE, in consideration of the above recitals
and the mutual covenants hereinafter set forth, each of the
parties hereto intending to be legally bound hereby by affixing
their hands and seals agree as follows:
1. ADVICE OF COUNSEL
Husband and wife acknowledge that they have been given
the opportunity to obtain the advice of counsel regarding the
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provisions of this Agreement and their legal effect in advance of
the date set forth above to permit such independent review. Each
party acknowledges that he or she has had the opportunity to
receive independent legal advice from counsel from his or her
selection, and that each fully understands the facts and has been
fully informed as to his her or her legal rights and obligations,
and each party acknowledges and accepts that this Agreement is,
and the circumstances, fair and equitable, after having the
opportunity to receive such advice and with such knowledge, and
that execution of this Agreement is not the result of any im-
proper or illegal agreement or agreements. In addition, each
party hereto acknowledges that he or she has had the opportunity
to be fully advised by his or her respective attorney of the
impact of the Pennsylvania Divorce Code, whereby the court has
the right and duty to determine all marital rights of the parties
including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or pos-
sessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same and having the opportunity
to be fully advised if his or her rights thereunder, each party
hereto still desires to execute this Agreement, acknowledging
that the terms and conditions set forth therein are fair, just
and equitable to each of the parties, and waives his and her
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respective right to have the Court of Common Pleae of Cumberland
County, or any other court of competent jurisdiction, make any
determination or order effecting the respective parties rights to
a divorce, alimony, alimony pendente lite, equitable distribution
of all marital property, counsel fees and costs of litigation.
2. SEPARATION
It shall be lawful for each party at all times
hereafter to live separate and apart from each other in such
place or places as he or she may choose or deem fit.
3. INTERFERENCE
Each party shall be free from interference, authority
and control, direct or indirect, by the other as fully as if he
or she were single and unmarried. Neither shall molest the other
or compel or endeavor to compel the other to cohabitate or dwell
with him or her, or to in any way harass or malign the other.
4. WAIVER OF CLAIMS AGAINST ESTATES
Except as otherwise provided herein, Husband relin-
quishes his inchoate intestate right and his right to act as a
personal representative in the estate of Wife, and Wife relin-
quishes her inchoate intestate right and her right to act as a
personal representative in the estate of Husband. Each of the
parties hereto by their presents, for himself or herself, his or
her heirs, executors, administrators or assigns, does remise,
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release, quit-claim and forever discharge the other party hereto,
his or her heirs, executors, administrators or assigns or any of
them, of any and all claims, demands, damages, actions, causes of
actions, suits, at law or equity, of whatsoever kind or nature,
for or because of any matter or thing omitted or suffered to be
done by said other party prior to and including the date hereof,
except that this release shall in no way exonerate or discharge
either party hereto from the obligations and promises made and
imposed by reason of this Agreement and shall in no way affect
any cause of action in absolute divorce which either party may
have against each other.
5. MARITAL PROPERTY
The parties hereto acknowledge that during their
marriage they have acquired, individually or jointly, various
assets and property, including the following:
(A) Giant Foods Savings and Protection Plan, with an
estimated separation value of $4,678.47; and
(B) Outstanding loan balance with Giant Food Savings
and Protection Plan $1,134.00; and
(C) Misc. personal property and marital debt; and
(D) 1986 Chevy Nova.
Husband and Wife acknowledge that they are aware of their
respective rights pursuant to the Divorce Code of 1980, as
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amended, to obtain formal valuations or appraisals of the marital
residence, any and all pensions, and other items of marital pro-
perty. However, the parties agree that they will not undertake
this expense and acknowledge that no financial disclosures are
attached to this agreement as separate exhibits or schedules. The
parties hereby waive any necessity for completing or attaching
any financial disclosure(s). Each party further acknowledges the
opportunity to attach a full and complete financial disclosure
and that such disclosure is not desired to effectuate a fair and
equitable resolution of their marital rights, duties and obliga-
tions as provided in the Divorce Code of 1980, as amended.
6. PERSONAL PROPERTY
The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, motor
vehicles, household furnishings, appliances and other household
personal property between them, and they mutually agree that each
party shall from and after the date hereof be the sole and
separate owner of all such tangible personal property presently
in his or her possession, whether said property is heretofore
owned jointly or individually by the parties hereto, and this
Agreement shall have the effect of an assignment or bill of sale
from each party to the other for such property as may be in the
individual possessions of each of the parties hereto.
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Further, the parties hereto have divided between
themselves, to their mutual satisfaction, all items of tangible
and intangible marital property. Neither party shall make any
claim to any such items of marital property, or of the separate
personal property of either party, which are now in the posses-
sion and/or under the control of the other.
From and after the date of the signing of this Agree-
ment both parties shall have complete freedom of disposition as
to their separate property which is in their possession or
control pursuant to this Agreement and may mortgage, sell, grant,
conveyor otherwise encumber or dispose of such property, whether
real or personal, whether such property was acquired before,
during or after marriage, and neither Husband nor Wife need join
in, consent to, or acknowledge any deed, mortgage, or other
instrument of the other pertaining to such disposition of
property.
7. MOTOR VEHICLES
Wife shall assume sole possession of the 1986 Chevy
Nova, or the proceeds thereof. Wife shall hold Husband harmless
from any liability associated with such vehicle, including any
loan payment or insurance premium. The parties hereto agree that
titles to the motor vehicles shall be transferred within thirty
(30) days from the date of this Agreement to the party receiving
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title, if applicable.
8. MISCELLANEOUS
(A) The parties hereto acknowledge and agree that any
and all savings and checking accounts, as well as certificates of
deposit, owned by them jointly or singly, have been divided to
their mutual and individual satisfaction.
(8) Neither party hereto shall make a claim upon the
other for accumulated pension, profit-sharing, retirement sup-
port, retirement benefits, insurance policies, IRA's, or any
retirement-related benefits. Specifically, Wife hereby waives
all interest in Husband Giant Food Stores, Inc. Savings and
Protection Plan.
(C) The parties hereto acknowledge and agree that any
and all life insurance pOlicies owned by them jointly or singly
have been divided to their mutual and individual satisfaction.
Each party hereto acknowledges that they have in their sole
possession those policy or policies of life insurance which they
intend to keep and retain as their sole and exclusive property
and, further, each party shall have the right to designate the
beneficiaries of said policies.
(D) The division of existing marital property is not,
except as otherwise expressly provided herein, intended by the
parties to constitute in any way, a sale or exchange of assets
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and the division is being affected without the introduction of
outside funds or other property not constituting a part of the
marital estate. As a part of an equitable division of the
marital properties and the marital settlement herein contained,
the parties hereto 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.
(El Each party represents and warrants to the other
that he or she has not incurred any debt, obligation or other
liability, other than those described in this Agreement, on which
the other party is or may be liable. A liability not disclosed
in this Agreement will be the sole responsibility of the party
who has incurred or may hereafter incur it, and such party agrees
to pay it as the same shall become due, and to indemnify and hold
the other party and his or her property harmless from any and all
such debts, obligations and liabilities.
(Fl Each party represents and warrants to the other
that each shall file separate income tax returns for tax year
1996 and thereafter. Information maintained by one party which
is necessary to complete any subsequent income tax return by the
other party shall not be unreasonably withheld upon the request
of either party.
9. DEBTS OF HUSBAND AND WIFE
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Husband and Wife acknowledge have incurred various
marital, (joint and separate) debts prior to separation. Pre-
sently, Wife remains indebted to Husband to the following entity
in the following approximate amounts:
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Amount of Debt
A.
B.
PP&L
Giant Food Plan loan
$269.44
$1,134.00
Husband shall assume responsibility for PP&L bill and the
loan on the Giant Food savings Plan Loan and hereby releases Wife
from any further claims relating thereto.
10. ALIMONY. SUPPORT AND MAINTENANCE
Both parties acknowledge and agree that the provisions
of this Agreement providing for equitable distribution of marital
property are fair, adequate and satisfactory to them and are
accepted by them in lieu of and in full and final satisfaction of
any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. Husband
and Wife further, vOluntarily and intelligently, waive and
relinquish any right to seek from the other any payment for
support, alimony and maintenance and, further, waive and re1in-
quish any rights to division of property, other than provided in
this Agreement and, finally, waive any rights to alimony pendente
lite, counsel fees and court costs.
Husband and wife both agree that they have been
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respectively advised and are aware of the contents of the
provisions of the Divorce Code, as amended, in Pennsylvania,
wherein considerations are set forth in determining an
appropriate amount, if any, to be paid in the form of alimony.
After being fully advised of the contents of the Divorce Code, as
amended, both parties voluntarily and intelligently waive and
relinquish any right to seek from the other payment for support,
alimony and maintenance.
Upon the entry of the Divorce Decree, either party may
notify the cumberland County Domestic Relations office of such
decree and the present spousal support obligation shall be
terminated.
11. SUPPORT FOR CHILD
Husband and Wife acknowledge and understand that issues
for the support of the minor child are presently resolved in
accordance with a child support award docketed to No. 1145
support 1995, Dr #24,504. Both parties further acknowledge and
understand that either party, or the child, may pursue an action
for modification of the present child support in accordance with
the then applicable child support guidelines.
12. CUSTODY
Husband and Wife acknowledge that all issues involving
custody and temporary custody and visitation with respect to the
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minor child have been resolved. Nothing in this Marital Agree-
ment, however, shall prevent either party from pursing a custody
action seeking to modify the existing Custody Order dated Novem-
ber 9, 1995 in any Court with appropriate jurisdiction, if
necessary or desired in the future.
13. MUTUAL RELEASE
Subject to the provisions of this Agreement, each party
waives his or her right to alimony and furthAr distribution of
property inasmuch as the parties hereto agree that this Agreement
provides for an equitable distribution of their marital property
in accordance with the Divorce Code, as amended. Subject to the
provisions of this Agreement, each party has released and dis-
charged 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 what-
soever 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 or except in any or all causes of action for
breach of any provisions of this Agreement. Each party also
waives their right to request marital counseling pursuant to
Section 3302 of the Divorce Code.
14. SUBSEOUENT DIVORCE
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A decree in divorce entered by a court of competent
jurisdiction to either party shall not suspend, supersede or
affect the terms of this Agreement. Both parties agree, if
requested, to enter a Consent Order or Orders concerning the
provisions of this Agreement in the Court of Common Pleas of
cumberland county, Pennsylvania, or any other Court of competent
jurisdiction, as a part of a resolution of any divorce action
filed or to be filed. This Agreement, and the terms and
conditions contained herein, as well as the enforcement of said
terms and conditions, shall be contingent upon the granting of a
Divorce Decree to either party by the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent
jurisdiction. Furthermore, both parties hereto agree, if
requested, to execute the appropriate affidavits and consents to
secure a No-fault Divorce as may be required by the Divorce Code,
as amended. Both parties hereto agree that this Agreement may be
incorporated into a separate Court Order but shall not merge in
such order.
15. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants
or undertakings other than those expressly set forth herein.
Husband and Wife acknowledge and agree that the provisions of
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this Agreement with respect to the distribution and division of
marital and separate property are fair, equitable and
satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration
by the parties. Both parties hereby accept the provisions of
this Agreement with respect to the division of property in lieu
of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by
any court of competent jurisdiction pursuant to Section 3502 of
the Divorce Code or any amendments thereto. Husband and Wife
each voluntarily and intelligently waive and relinquish any right
to seek a court ordered determination and distribution of marital
property, but nothing herein contained shall constitute a waiver
by either party of any rights to seek the relief of any court for
the purpose of enforcing the provisions of this Agreement.
16. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair
and equitable, that it is being entered into voluntarily, with
full knowledge of the assets of both parties, and that it is not
the result of any duress or undue influence. The parties
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acknowledge that they have been furnished with all information
relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
17. ADDITIONAL INSTRUMENTS
Husband and Wife shall from time to time at the request
of the other, execute, acknowledge and deliver to the other party
any and all further instruments that may be reasonably required
to give full force to the conditions of this Agreement.
18. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. The
waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or construed as a waiver of
any other term, condition, clause or provision of this Agreement.
19. BREACH
If either party hereto breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for such breach, or seek other remedies or
relief as may be available to him or her. Both parties agree and
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are aware that non-compliance with any provision of this Agree-
ment permits either party to pursue appropriate legal remedies,
including sanctions as set forth in 23 Pa. C.B.A. S3105.
Each party further hereby agrees to save and hold
harmless the other party from any and all attorneys' fees, costs
and legal expenses and expenses that either may sustain, or incur
or become liable or answerable 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 Agreement by
reason of which either party shall or shall be obliged to retain
or engage counsel to initiate or maintain or defend proceedings
against the other at law or equity or both or in any way what-
soever, provided that the party who seeks to recover such
attorneys' fees, costs and legal expenses and expenses must first
be successful in whole or in part, before there would be any
liability for attorneys' fees, costs, legal expenses and
expenses. It is the specific agreement and intent of the parties
that a breaching or wrongdoing party shall bear the burden and
obligation of any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement.
All remedies provided by law and all remedies provided
for in this Agreement for enforcement of the Agreement shall be
deemed to be cumulative and the exercise of one remedy shall not
bar or prevent the pursuit of any other remedy and either party
may elect to pursue such remedies simultaneously and the exercise
of a remedy one or more times shall not exhaust its use or
prevent further pursuit of such remedy.
20. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for
convenience only. They shall not have any effect whatsoever in
determining the rights or obligations of the parties.
21. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between
the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement.
22. APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania. For contract interpretation
parties, this Agreement was prepared by both parties.
23. VOID CLAUSES
If any term, conditions, clause or provision 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
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force, effect and operation.
24. BINDING AGREEMENT
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the partiee have hereunto set their
ay and year first above written.
WI
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Charles W. Russell
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the /,}'tJ1 day of August, 1997, before me, the
undersigned officer, personally appeared Shirley A. Russell,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument and acknowledged that
she executed the same for the purposes therein contained.
55.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and official
~~il1f?lt7 0 AI'l4-1t'l
NotarVPublic
My ~ommission Expires:
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cr\jJjrR:H~ J, rftfli1!.. U.lfi,fjy rUSLlC
:,'lm,~~M!5rG\'m CO!lJ. ct:I:~i HlAlm co. PA
MYCCIM"IS~!ON Ei.nHES SEPT 9.1999
.----..
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the /oll::ii day of August, 1997, before me, the
undersigned officer, personally appeared Charles W. Russell,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument and acknowledged that
he executed the same for the purposes therein contained.
55.
seal.
IN WITNESS WHEREOF, I hereunto set my hand and official
ClcznA"~oI,; (}/O. ~/1/1.A
Notaf'y Public
My Commission Expires:
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MURREL R. WALTERS. III
ATTORNEY AT LAW
tS4 EAST MAIN STREET
MECIiANICSUUAO, PENNSYLVANIA 170fUS
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CHARLES W. RUSSELL, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
vs. . 96 - 33{o CIVIL TERM
.
.
.
SHIRLEY A. RUSSELL, LAW - DIVORCE
:
Defendant
Court Administrator
Cumberland County Courthouse
Fourth Floor
Carlisle, Pennsylvania 17013
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you must take
prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the prothonotary at the Cumberland County Courthouse,
First Floor, Carlisle, Pennsylvania 17013, Telephone: (717)-240-
6195.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Telephone (717)-240-6200
,-
..
CHARLES W. RUSSELL,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
.
.
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
96-
CIVIL TERM
SHIRLEY A. RUSSELL,
LAW - DIVORCE
Defendant
COMPLAINT
The plaintiff by his attorney, MURREL R. WALTERS, III,
ESQUIRE, brings this action in divorce for a Decree of Divorce from
the bonds of matrimony and respectfully represents:
1. The plaintiff is CHARLES W. RUSSELL, an adult individual,
who currently resides at 706 E. Marble street, Mechanicsburg,
Cumberland county, Pennsylvania.
2. The defendant is SHIRLEY A. RUSSELL, an adult individual,
who currently resides at 625 Lin-Don Drive, Halifax, Dauphin
County, Pennsylvania since November 3, 1995.
3. Plaintiff and defendant are both bona fide residents of
the Commonwealth of Pennsylvania and have been for at least six (6)
months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on February 23,
1973 in York County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The plaintiff avers that the marriage is irretrievably
broken.
. "
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7. The plaintiff requests the Court to enter a Decree of
Divorce.
8. plaintiff has been advised of the availability of marriage
counseling and that he may have the right to request the court to
require the parties to participate in such counseling. Being so
advised, plaintiff does not request that the court require the
parties to participate in counseling prior to a Divorce Decree
being handed down by the court.
WHEREFORE, the plaintiff prays that a Decree in Divorce be
entered divorcing Plaintiff from the bonds of matrimony heretofore
existing between plaintiff and Defendant.
.-
Re'/~Z~i~f/;:</~
Murrel R. Walters, III, Esquire
Attorney for Plaintiff
54 E. Main street
Mechanicsburg, PA 17055
(717) 697-4650
1.0. No. 24849
. ..
I, CHARLES W. RUSSELL, verify that the statements made in
this complaint are true and correct.
I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S.
54904, relating to unsworn falsification to authorities.
q~~d)~-:~~L>~
CHARLES W. RUSSELL
.
, ..
. ., .
CHARLES W. RUSSELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
.
.
.
.
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
.
.
96 - 336
LAW - DIVORCE
CIVIL TERM
Defendant
./
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the
SHIRLEY A. RUSSELL,
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ACCEPTANCE OP SERVICIll//:>"-'-}
/ . /
I, Robert G. Radebach, ESqU~~ a7cept ~~rvic
Complaint on behalf of Defendant, shirley/A. Ru~sel , and certify
I II /~
that I am authorized to do so in accord nce i Pa. R.C.P. 402.
Dated: March 27. 1996
(',y
Robert
107 Loc st.
Harrisburg, PA 17101
Attorney for Defendant
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CHARLES W. RUSSELL ,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SHIRLEY A. RUSSELL,
Defendant
96 - 336
LAW - DIVORCE
CIVIL TERM
VS.
PRAECIPE TO WITHDRAW APPEARANCE
To the Prothonotary,
Kindly withdraw my appearance in the above-captioned matter.
Date: August ;y,
III, ESQUIRE
PRAECIPE TO ENTBR APPBARANCB
Kindly enter my appearance in the above-captioned matter.
Andrew C. Sheely, Esquire
1 West Main Street
Shiremanstowll, PA 17011
, 1996
Date: August II
REW C. SHE
Pa. 1.0. No.
1 West Main Stree
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff,
Charles W. Russell
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CHARLES W. RUSSELL, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
vs. . 96 - 336 CIVIL
.
.
.
SHIRLEY A. RUSSELL, . IN DIVORCE
.
Defendant .
.
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under section 3301(c) of the
Divorce Code was filed on January 23, 1996.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing 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 this 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 the authorities.
DATE:fJ~-a~~~~~ gf t;?
CHARLES W. RU SELL
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CHARLES W. RUSSELL,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
96 - 336 CIVIL
IN DIVORCE
SHIRLEY A. RUSSELL,
Defendant
WAIVER or NOTICI or INTINTION TO RBQUIST
INTRY or A DIVORCI DICRBI UNDIR
13301 (C) or THI DIVORCI CODI
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 decree is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904
relating to unsworn falsification to the authorities.
DATE:
#~~O;P-~~-?J)~ tJ//.2./17
. CHARLES W. RUSI/ELL I
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CHARLES W. RUSSELL, . IN THE COURT OF COMMON PLEAS OF
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
.
VB. 96 - 336 CIVIL
SHIRLEY A. RUSSELL, IN DIVORCE
Defendant .
.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under section 3301(c) of the
Divorce Code was filed on January 23, 1996. I acknowledge
receiving a certified copy of the Divorce Complaint, with service
of said complaint being accepted by my counsel Robert G.
Radebach, Esquire.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing 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 this 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 the authorities.
DATE:
i !tJ/q7
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SHIRLEY A.\RUSSE L
,,'
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. .. .
CHARLES W. RUSSELL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB.
96 - 336 CIVIL
IN DIVORCE
SHIRLEY A. RUSSELL,
Defendant
WAIVER OJ' NOTICB OJ' INTBNTION TO RBQUBST
ENTRY OJ' A DIVORCB DBCRBB UNDBR
13301 ICI OJ' THB DIVORCB CODB
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 decree is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. section 4904
relating to unsworn falsification to the authorities.
DATE: ~-) ~-"'17
~~.\:l",\ f\. R. ~-^.. aD
SHIRLEY A. RUSSELL
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