Loading...
HomeMy WebLinkAbout02-5858 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy !.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0] 09 (717) 761-4540 Attorneys for Plaintiff PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (U - 58S~ CIVIL TERM v. STEVEN E. RAILING, CIVIL ACTION - LAW Defendant IN DIVORCE 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 pages 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 ;s available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOll DO NOT FILE A CLAIM FOR ALIMONY DIVISION OF PROPERTY. LAWYER'S FEES OR . EXPENSES BEFORE THE 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weiduer By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box ]09 Lemoyne, Pennsylvania 17043-0] 09 (7] 7) 76]-4540 Attorneys for Plaintiff PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NOp"z. - fY..sr CIVIL TERM CIVIL ACTION - LAW STEVEN ERAILlNG, Defendant !N D!VORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Peggy S. Railing, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant. Steven E. Railing: 1. The Plaintiff is Peggy S. Railing, an adult Shiremanstown, Cumberland County, Pennsylvania 17011. 9161. individual, residing at 14 E. Green Street, Plaintiff's Social Security Number is 203-54- 2. The Defendant is Steven E. Railing, an adult individual, residing at 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant's Social Security Number is 169-58- 7675. 3. The Plaintiff and Defendant were married on July 12. 1986, in Carlisle, Cumberland County, Pennsylvania, and separated on or about September 3, 2002 when Defendant left the marital home. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301 (c) or 3301 (d) of the Divorce Code. COUNT 11- EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7 inclusive, of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. COUNT 1/1 - SPOUSAL SUPPORT, ALIMONY/ALIMONY PENDENTE LITE 10. Plaintiff incorporates herein by reference, the allegations setforth in Paragraphs 1 through 9 inclusive, of the Complaint as if the same were set forth herein at length. 11. The Plaintiff has insufficient income and assets to provide for her needs. 12. The Plaintiff has an approximate annual gross income of $19,000.00. 13. The Defendant has an approximate annual gross income of $29,000.00. 14. Plaintiff is unable to sustain herself during the course of litigation. 15. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through her current employment. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, the Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor. pursuant to Sections 3701 and 3702 of the Divorce Code. JOHNSO~, STEWART & WEIDNER ~~m~ :164552 I.' VERIFICA TlON I, Peggy S. Railing, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A 94904, relating to unsworn falsification to authorities. Date: /I k)./D:J- I , ~~. ~J. D Pe . Railing J I[ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 30] Market Street P. O. Box ]09 Lemoyne, Pennsylvania 17043-0109 (717) 76]-4540 Attorneys for Plaintiff PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CIVil TERM STEVEN E. RAILING. CIVil ACTION - lAW Defendant IN DIVORCE AFFIDA vir PEGGY S. RAILING, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my Spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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 18Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: 1/ /IJ. /0.2- , , ~J.~~ Pe S. Railing Xi G> '-- . 'f\.. - 0<,\ V\,) -- 't--: ~ ..y 0>\ 0/'\ <..1'\ ~ J..t C 'd' <:,I ?D cJ )..., 0-\ ~ r- i~~ L>:' : '...( ,-. ./'0 c:- n c-: --"J ) I ,.c, :--) , -, -., 1)'"\ ~~i l Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5858 CIVIL TERM PEGGY S. RAILING, v. CIVIL ACTION - LAW STEVEN E. RAILING, IN DIVORCE Defendant RETURN OF SERVICE The undersigned makes the following return of service: The Complaint in Divorce was mailed to the Defendant, St,even E. Railing on December 17, 2002 at 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania 17055: X A copy of the signed return receipt indicatin~J service was completed on December 20, 2002 is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: : 164552 /a-~3/(J2~ U.S. Postal ServIce CERTIFIED MAIL RECEIPT (Domestic Mall ani N I y. 0 nsu/ancc Cove/age Provided) ITI ru r-'I r-'I I"- ~ .::r .::r .::r Return Receipt Fee CJ (Endorsement Required) CJ Restricted Delivery Fee CJ (Endorsement Required) Total Postage & Fees $ ; ;-:----'~ 1'\ ~' \ C...." I ...... .-:-.\, " "';Ci':'fr /(;-):~:{,/J J Postage $ Certified Fee CJ .::r [J"" SentTo . r-'I t r;v I E R. . l ' _"_n.._.. C. t: b r-'I Street, Ai;C;io:i.....~......~.~_mJ&L..e!. ... CJ orpOBOXNO.tJ.:;.tj W ('. ,.r;......................-.......- CJ '_m_..__.__..__.._..... . -...} I tl { ^' \ I) '1 / ~ t I"- City, Stete, ZIP+ 4 f~i"-'''-''''-'.'-' ..p. ~~.,..l{.lJL~.~.m_:... . 1Lt: elL. /It' . ......-.....-........-.. . :11. II 7b5S . - .. - - . Complete items 1, 2, and 3. Also complete I item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 2. Article Numbe D. Is delivery address different from item 1? If YES, enter d . ~~IOW: ,<:/J v &. ".;' ~ ~~O 'j)\. c, '~ ".. ~ '" /'7~S5 \. Service Typ "0, . "'- ,6iCertified M .'is'@g~p~Mail ..) o Registered eturn Receipt .for M~ndise 7001 1940 0004 448~ ::::..v,~,:;:.t"" F o Agent o Addressee DYes DNo 1. Article Addressed to: J'leltAJ E. ktL; li)/fr; jJ1 W.Sfhc~Sl;Jf 7St. I R_L ttvl. 1--i CSbLl.I8" FA PSForm 3811, July 1999 Domestic Return Receipt 102595-99-M-1789 J..-______ , ~ ~ i \ l o c: ?,: "'0 CO (l1 P'} ~t.~'.., ".a ,r! .~, --- .,;. ,<0 ~(') <<.:::C) ..J.'"c: Z =<! ... o r" ::::1 rTl C") N 0' o -n ,;J] >:2:3 s.(~ .'"f' '::1?~ ~:) fri --I '1> 5:J -< v N .. r:- eX) i ~ STEVEN E. RAILING, Petitioner/Defendant v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No. 02-5858 PEGGY S. RAILING, RespondentJPlaintiff CIVIL ACTION - DIVORCE/CUSTODY EMERGENry PETITION FOR SPECIAL RETJEE AND NOW, this2i"c day of March, 2003, comes the Petitioner, STEVEN E. RAILING, by and through his Attorneys, the Law Offices ofBATURIN & BATURIN, and file this Emergency Petition for Special Relief and respectfully represents as follows: I. The Petitioner is STEVEN E. RAILING, an adult individual, sui juris, who currently resides at 224 W. Simpson Street, Mechanicsbnrg, Cumberland County, Pennsylvania, 17055. Petitioner is the Defendant in connection with the above-captioned Divorce. 2. The Respondent is PEGGY S. RAILING, an adult individual, suijuris, whose last known address Was 14 E. Green Street, Shiremanslown, Cumberland County, Pennsylvania, 17011. The Respondent is the Plaintiff in connection with the above-captioned Divorce. 3. Petitioner and Respondent are married, having been married on July 12, 1986, in Carlisle, Cumberland County, Pennsylvania, and separated on or about September 3,2002. 4. The Petitioner and Respondent are the natural parents of one (1) child born during their marriage, NATHAN S. RAILING (presently 12 years of age, born 08/15/90). Said minor 1 child is the subject of this Emergency Petition For Special Relief. 5. The Respondent has filed for divorce to the above-captioned Docket on or about December 9,2002. At the said time the Respondent and the subject child were residing in the marital home. 6. The Petitioner is concerned about the safety and welfilre of his son and that the Respondent will remove the child from this jurisdiction for fOllowing reasons: a) The Respondent has taken the child and has moved them out of the marital residence. The Respondent and the child may be residing at the Respondent's parents' home. b) The Respondent/natural mother has threatened the Petitioner/natural father that she will be taking the child to Florida to live there. c) The child has always lived with both the Petitioner/natural father and Respondent/natural mother from the time of his birth until the parties separated on or about September 3, 2002. Since the date of separation, Petitioner has had custody of his son. d) The child's family members reside in the Commonwealth of Pennsylvania. e) The Petitioner/natural father discovered during the week of March 17,2003, that the Respondent/natural mother had almost drained all of the marital bank accounts and had been removing money from the child's bank account set up for a college fund. i) Further, the parties just filed a joint tax return for the tax year 2002, when the 2 Petitioner discovered that the Respondent had cashed in her pension in the amount of $19,873.89. 7. With the Respondent's action of taking the child and leaving the marital residence, cashing in her pension and taking almost $15,000.00 out of different bank accounts, along with her threats of taking the child to Florida, the Petitioner is concerned about the safety of his son and the Respondent's removal of Petitioner's son from the Commonwealth of Pennsylvania. 8. Simultaneously with the filing of this Emergency Petition For Special Relief, the Petitioner filed a Custody Complaint as a Count to the divorce action and has requested a Conciliation Conference. WHEREFORE, Petitioner, STEVEN E. RAILING, respectfully requests this Honorable Court to order that the parties and the child remain in the Commonwealth of Pennsylvania pending the Conciliation Conference and further Order of Court. Respectfully submitted, BATURIN & BATURIN BY:/) J 'YJ ~ ~lturin Attorney ID #68971 717 North Second Street Harrisburg, PAl 7102 (717) 234-2427 Attorney for the Petitioner 3 STEVEN E. RAILING, PetitionerlDefendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 02-5858 PEGGY S. RAILING, Respondent/Plaintiff CIVIL ACTION - DIVORCE/CUSTODY VERTFICA nON I VERIFY THAT THE STATEMENTS MADE IN THIS PETITION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: March 25, 2003 /~~;~ STEVEN E. RAILING (SEAL) STEVEN E. RAILING, PetitionerlDefendant v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No. 02-5858 PEGGY S. RAILING, Respondent/Plaintiff CIVIL ACTION - DIVORCE/CUSTODY CERTTFICATR OF SRRVICE And now, this l$" day of March, 2003, I, Madelaine N. Baturin, Esquire, hereby certilY that I have served a copy of the foregoing Emergency Petition For Special Relief, by depositing the same in the United States Mail, First Cfuss, postage prepaid, at Harrisburg, PennsylVania, as follows: Melissa Peel Greevy, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 Respectfully, BATURIN & BATURIN .--A--- BY:~~ Madelaine N. Baturin Attorney 10 #68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Petitioner/Defendant ~ --- ~ ~ ~ "'-J ~ ~ CJ (); " ~ l ""T} r.-. !( c.- r:;::: ~;, :~ ~~. ~ o c ,....-' , u._ ~ ,:J '-) () , 'J) r0 :;":~ ~ J -...... PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 02-5858 STEVEN E. RAILING, Defendant CIVIL ACTION - DIVORCE/CUSTODY DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM AND CUSTODY PETITION AND NOW, this~ day of March, 2003, comes the Defendant, STEVEN E. RAILING, by and through his Attorneys, the Law Offices ofBATURIN & BATURIN, and files this Defendant's Answer to Complaint In Divorce and Counterclaim and Custody Petition and avers as follows: 1. It is admitted that at the time the Plaintiff filed for divorce she was living at said address. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Neither admitted nor denied. 1 WHEREFORE, the Defendant respectfully requests that Your Honorable Court enter a Decree In Divorce under Section 3301(C) or 3301(D) of the Divorce Code. C01JNT II - EQ1JITABLE DISTRIB1JTION 8. Defendant incorporates herein by reference, the responses set forth in Paragraphs 1 through 7 inclusive, ofthe Answer as ifthe same were set forth herein at length. 9. Admitted. WHEREFORE, the Defendant respectfully requests that Your Honorable Court equitably divide all marital property. C01JNT III - SPOUSAL SUPPORT. ALIMONY/ALIMONY PENDENTE LITE 10. Defendant incorporates herein by reference, the responses set forth in Paragraphs 1 through 9 inclusive, ofthe Answer as ifthe same were set forth herein a length. 11. Denied. The Plaintiff has sufficient income and assets to provide for her needs. In addition, Plaintiff has been depleting the parties' bank accounts and withdrew all of her money from her pension. 12. Neither admitted nor denied. 13. Neither admitted nor denied. 14. Denied. Plaintiff is able to sustain herself during the course of litigation. The 2 Plaintiff has sufficient income and assets to provide for her needs. In addition, Plaintiff has been depleting the parties' bank accounts and withdrew all of her money from her pension. 15. Denied. It is denied that the Plaintifflacks sufficient property to provide for her reasonable needs and is unable to sustain herself through her current employment. Plaintiffis able to sustain herself during the course of litigation. The Plaintiff has sufficient income and assets to provide for her needs. In addition, Plaintiff has been depleting the parties' bank accounts and withdrew all of her money from her pension. 16. Denied. It is denied that the Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. Plaintiffis able to sustain herself during the course of litigation. The Plaintiff has sufficient income and assets to provide for her needs. In addition, Plaintiffhas been depleting the parties' bank accounts and withdrew all of her money from her pension. WHEREFORE, the Defendant respectfully requests that the Court not enter an award of alimony pendente lite. COUNTERCLAIM COl TNT IV - COMPLAINT FOR Cl JSTODY AND NOW, this~ day of March, 2003, comes the Defendant, STEVEN E. RAILING, by and through his Attorneys, the Law Offices ofBATURIN & BATURIN, and files this Count 3 IV, Complaint for Custody, and respectfully represents as follows: 17. The Defendant is STEVEN E. RAILING, an adult individual, suijuris, who currently resides at 224 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 18. The Plaintiff is PEGGY S. RAILING, an adult individual, suijuris, who's last known address was 14 E. Green Street, Shiremanstown, Cumberland County, Pennsylvania, 17011. 19. Plaintiff and Defendant are married, having been married on July 12, 1986, in Carlisle, Cumberland County, Pennsylvania, and separated on or about September 3,2002. 20. The Plaintiff and Defendant are the natural parents of one (1) child born during their marriage, NATHAN S. RAILING (presently twelve (12) years of age, born 08/15/90). Said minor child is the subject of this Custody Complaint. 21. The Defendant seeks full legal and primary physical custody of the parties' minor child, NATHAN S. RAILING. 22. The aforementioned minor child is presently in the physical custody of his natural mother, Peggy S. Railing, and was residing at 14 E. Green Street, Shiremanstown, Cumberland County, Pennsylvania, 17011. 23. Since birth, said child has lived at the following addresses with the following persons: 4 DATE ADDRESS Cl JSTODY 8/15/1990 - 9/2002 14 E. Green Street Natural Mother and Father Shiremanstown, PA 1701 II 912002 - 312003 14 E. Green Street Natural Mother Shiremanstown, PA 17011 24. The Defendant has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the aforementioned minor child. 25. The Defendant has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. Defendant does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 26. The best interest and permanent welfare of said minor child will be served by granting the relief requested because: a. Plaintiff/natural mother is threatening Deftmdantlnatural father that she is going to take the child and move to Florida as soon as possible. b. Said child, NATHAN S. RAILING, has always lived with both parents until the parties had separated on or about September 3, 2002. The parties had been married for 16 years at the time of separation. c. Defendant/natural father recently discovered that Plaintiff/natural mother 5 took the child and moved out of the marital residence where they had been residing. d. During the week of March 17,2003, Defendant/natural father discovered that Plaintiff/natural mother had almost drained all of the marital bank accounts and had been removing money from the child's bank account set up for a college fund. e. The parties filed a joint tax return for the tax year 2002, wherein the Defendant/natural father discovered that the Plaintiff/natural mother had cashed in her pension in the amount of$19,873.89. Defendant/natural father had no prior knowledge that Plaintiff/natural mother was cashing out her pension plan and did not authorize or agree for her to do so. f. Defendant/natural father is well able to adequately provide for the continuing health, educational needs and general welfare of said child; g. Defendant/natural father is well able to adequately provide for said child with a proper and wholesome environment, physically, emotionally, psychologically and socially, within which to live; h. Defendant/natural father has been primary caretaker of the child since birth; 1. It is in the best interest ofthe child generally that primary legal and physical custody be granted to the child's natural father, Steven E. Railing, Defendant herein. WHEREFORE, Defendant, STEVEN E. RAILING, requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final Order 6 granting primary legal and physical custody of said minor child" NATHAN S. RAILING, to the Defendant, STEVEN E. RAILING. Respectfully submitted, BA~BA~ ~ By: ,~7 Madelaine N. Baturin Attorney ill #68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Dated: March 25, 2003 Attorney for Defendant 7 VERTFTCA TION I VERIFY THAT THE STATEMENTS MADE IN THIS ANSWER AND COUNTERCLAIM/CUSTODY PETITION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. ~4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. DATE: March 25, 2003 _ J ~-::v .~ STEVEN E. RAILING (SPAL) 8 STEVEN E. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 02-5858 PEGGY S. RAILING, Defendant CIVIL ACTION - DIVORCE/CUSTODY CERTTFICA TR OF SERVICE And now, this 2Gh day of March, 2003, I, Madelaine N. Baturin, Esquire, hereby certify that I have served a copy of the foregoing Defendant's Answer To Complaint In Divorce and Counterclaim and Custody Petition, by depositing the same in the United States Mail, First Class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Melissa Peel Greevy, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Respectfully, SA TURIN & SA TURIN By:/}/L/l ~ Madelaine N. Saturin Attorney ID #68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Petitioner/Defendant .......... \rJ J'\ ~ ~ t '.J ~ . & ~ ~ ~ ~ -r<t,- rt.: -"" ~.- J"'._ ... u-) r~-- -::-: ~' (.- C) ~~:~ (.' --pO' ..) c. I..Ll -<' ::J , r:) ,- -', MAR 2 7 2003 C STEVEN E. RAILING, PetitionerlDefendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. No. 02-5858 PEGGY S. RAILING, RespondentJPlaintiff CIVIL ACTION - DIVORCE/CUSTODY ORDER AND NOW, this .2.8 ~ day of ma.c,c-I\ .,2003, upon review and consideration of the Petitioner's Emergency Petition For Emergency Relief, it is hereby ordered that neither Petitioner nor Respondent may relocate and remove said child, NATHAN S. RAILING, out of the Commonwealth of Pennsylvania until further Order of Court. BY THE COUR~ J J. cc: Melissa Peel Greevy, Esquire Madelaine N. aaturin, Esquire P~64'S. R~ >CoF~ ..9 _ .) Sil- D3 Ch, \ .~.. 'flN\t^1ASNN3d }J.NnO') O\f'.lll:r::181"~nc> os :21 ~fd 92 d~~J SO AU" 'l"" '-',' i ,'," "i I' :JO ... '.:; :"\H I~.' \ I 1,- '(" .n'L"',J Y. 1,.,..-1 ,.......1 I...~,.(,,_ _~ ~J. I ~ 381.:J:iCH]31 H PEGGY S. RAILING PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 02-5858 CIVIL ACTION LAW STEVEN E. RAILING DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, April 03, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, FA 17055 on Tuesday, April 29, 2003 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearin~. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. Custody Conciliator (/ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN A TIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~p ~ ~~; &-EI1 F~~~fp'~~~ [i.7.Fj, ~ P ~~ 46;-n W:E:/t A!.0!ri~~:~!7:\8\!N:.7d , '" ' ' , " ~ I~ /_, , ''";YVnQ is :[ !', ,", '. - J,'i ("'f) --, ,.....;! PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-5858 CIVIL ACTION LAW STEVEN E. RAILING Defendant IN CUSTODY ORDER OF COURT AND NOW, this (, ~ day of n,~ ' 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Peggy Railing and the Father, Steven Railing, shall have shared legal custody of Nathan S. Railing, born August 15, 1990. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well- being including, but not limited to, all decisions regarding his health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody ofthe Child on alternating weekends rotating between full weekend periods from Friday at 6:00 pm through Sunday at 6:00 pm and full day periods on either Saturday or Sunday from 8:00 am until 8:00 pm. The alternating weekend schedule shall begin with the Father having custody for a full weekend on Friday, May 2,2003. If the Father is unable to exercise his first weekend period of custody on that date, the Father's first weekend period of custody shall take place on Saturday, May 10, for a full day. The Father may have additional periods of custody with the Child as arranged by agreement between the parties. 'ilNVt\1.ASNN3d lli\:nn~'i rl\<'f'i-rJf':W~n" 1\... , -',.' '. _' --_.~:;<J., V 6S:8 ~!d 9- A~W 80 ^Hiflo,\J~" jO 3::H:L.J()--(1 :fl i:j 4. The parties shall share or alternate having custody of the Child on holidays in accordance with the following schedule: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B which shall run from Christmas Day at 12:00 noon through December 26th at 12:00 noon. In even numbered years, the Father shall have custody ofthe Child during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A, and the Father shall have custody during Segment B. B. ALTERNATING HOLIDAYS: The holiday period of custody on alternating holidays shall run from 8:00 am until 8:00 pm (with the exception of July 4th which shall run until after the fireworks) unless otherwise agreed between the parties. In odd numbered years, the Father shall have custody ofthe Child on Thanksgiving, Easter and July 4th and the Mother shall have custody on Memorial Day and Labor Day. In even numbered ~ears, the Mother shall have custody of the Child on Thanksgiving, Easter, and July 4t and the Father shall have custody on Memorial Day and Labor Day. C. MOTHER'S DAY / FATHER'S DAY: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody on Father's Day from 8:00 am until 8:00 pm. D. The holiday custody schedule shall supercede and take precedence over the regular and vacation custody schedules. 5. The Father shall be entitled to have extended periods of custody with the Child during the summer school vacation each year for four weeks, two of which may be scheduled consecutively. The Father shall provide at least thirty days advance notice to the Mother of his selection of vacation dates under this provision. 6. In the event either party intends to relocate his or her residence outside the Commonwealth of Pennsylvania or more than fifty miles from the other party's residence, that party shall provide at least sixty days advance written notice to the other party to allow sufficient time to make necessary adjustments to the custody arrangements by agreement or Court order. 7. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development ofthe Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 8. Neither party shall drink alcohol to the point of intoxication or use illegal drugs during his or her periods of custody with the Child. Both parties shall insure that third parties having contact with the Child comply with this provision. 9. Unless otherwise agreed, the party receiving custody of the Child shall be responsible to provide transportation for the exchange of custody. 10 . This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, dL J. cc:-M3delaine N. Baturin, Esquire - Counsel for Father -Mark Duffie, Esquire - Counsel for Mother L~~ , (R 1<5 $-7-03 PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-5858 CNIL ACTION LAW STEVEN E. RAILING Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nathan S. Railing August 15, 1990 Mother 2. A Conciliation Conference was held on April 29, 2003, with the following individuals in attendance: The Mother, Peggy S. Railing, with her counsel, Mark Duffie, Esquire and the Father's counsel, Madelaine N. Baturin, Esquire. The Father, Steven E. Railing, was unable to attend the conference due to illness in the family, but authorized his counsel to establish arrangements on his behalf. 3. The parties agreed (the Father through counsel) to entry of an Order in the form as attached. (o~ Dawn S. Sunday, Esquire ~ Custody Conciliator MARITAL SETTL~NT AGREEMENT THIS AGREEMENT, made thisJ;)..; day of 2006, by and between STEVEN E. RAILING, of, Mechanicsburg, Cumberland COl y, Pennsylvania, hereinafter referred to as "Husband", *AND* PEGGY S. RAILING, of, Shiremanstown, Cumberland County, Pennsylvania, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been lawfully joined in marriage on July 12, 1986; and WHEREAS, divers unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties as a result of which the parties are separated and are no longer living together as husband and wife; and WHEREAS, the parties desire to confirm their separation and make arrangements therewith, including the division of their marital property and other rights and obligations of whatever nature growing out of their marriage and which occurred throughout their relationship prior to marriage and following thereafter. NOW, THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: 1. MUTUAL RELEASE: Except as herein otherwise provided, each party hereby forever releases the other and his or her heirs, legal representatives, executors, administrators and assigns, from any and all claims, demands or actions, past, present or future and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either ofthe parties ever had or now has against the other, except a cause or causes of action for divorce or all causes of action tor breach of ffilY provisions ofthis Agreement. Further, each party, subject to the provisions contained in this Agreement, releases and forever discharges the other from any and all claims one may have against the other arising out of this matrimonial action, including, but not limited to, alimony, alimony pendente lite, equitable distribution, counsel fees, costs and expenses. 2. CONSIDERATION: The consideration for THIS AGREEMENT shall be the mutual promises and agreements contained herein. 3. NO INTERF~:RENCE: Each party shall hereafter be free from interference, authority and control, direct or indirect, by the other as fully as ifhe or she were single and unrnarri.ed. Neither ofthe parties shall molest the other, or compel the other to reside at such place or places as he or she may select. Each may for his or her separate use and benefit, conduct, carry on and engage in any business, profession or employment which he or she may prefer or deem advisable. 4. REAL PROPERTY: Husband shall transfer to Wife, by General Warranty Deed, all of his right, title and interest in the real property located at 14 E. Green Street, Shiremanstown, Cumberland County, Pennsylvania, being more particularly described in the deed of Barbara K. Bonawitz Baumgardner, by their deed dated February 3, 1987, conveyed to the parties herein and 2 recorded in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book M32, Page 134. All costs incidental to the recordation of the deed to the property from Husband and Wife to Wife, and real estate transfer taxes, if any, will be the sole responsibility of Wife. The Deed shall be held in escrow with Husband's attormey and not recorded until Wife refinances the existing mortgage or the marital real estate is sold. Wife has sixty (60) days to refinance the mortgage from the date Wife signs this Agreement; however, Husband will sign this Agreement simultaneous with the refinancing of said marital real estate and until the time of said refinancing, this Agreement will not become valid. Wife shall refinance said mortgage and she will hold husband harmless for same. Wife shall be responsible for all costs, expenses, and taxes related to the marital real estate and indemnity and hold Husband harmless for same. In the event that Wife is unable to complete the anticipated refinancing in sixty (60) days as indicated above, then she shall continue to make attempts to refinance said mortgage, or attempt to remove Husband's name from said mortgage through other legal means for the following three months. Ifwife is unable to have said mortgage refinanced or implement other legal means in order to remove Husband's name from said mortgage, then after the expiration of the three month period, Husband and Wife shall list said real estate for sale with a real estate broker of Husband and Wife's choosing within ten (10) days and keep the home for sale until it is sold. Both parties shall cooperate in good faith to sell the real estate. Wife shall be responsible for all costs related to the sale of the home and shall retain any and all sale proceeds. In the event the marital real estate is sold, Husband shall immediately execute any and all documentation 3 related to said sale. Further, until the debt is refinanced or until the real estate is sold, except as provided in this paragraph, the real estate shall remain in joint names. 5. PAYMENT TO HUSBAND: Wife shall pay to Husband in full settlement and satisfaction of all marital claims of equitable distribution she may have, past, present or future, the sum ofTen Thousand ($10,000.00) Dollars at the time of the execution of this Agreement or within five (5) days of same as a result of the seventy-two (72) hour rescission period. 6. DIVISION OF PERSONAL PROPERTY: The parties agree that all items of personal property have been divided satisfactorily by and between the parties and neither shall make any claim to any such property presently in the possession of the other. 7. MOTOR VEHICLES: Any motor vehicle presently titled in the name of Wife shall remain her sole and separate property. Any motor vehicle presently titled in the name of Husband shall remain his sole and separate property. Each of the parties shall pay any balance due on account of any of their respective vehicles titled in his or her name and all expenses incidental to ownership thereof. Specifically, Husband shall maintain the 1967 Chevy Camaro and the 1981 Volkswagen Pickup Truck and Wife shall maintain the 2004 Toyota 4 Runner. 8. PENSION PLANS: Each of the parties does specifically waive, release, renounce and forever abandon all of their right, title and interest or claim, whatever it may be, in any pension! retirement! profit sharing! benefit plan of the other party, whether acquired through said other parties' employment or otherwise, and hereafter said pension! retirement! profitsharingl benefit plan shall become the sole and separate property of the party in whose name or through 4 whose employment said plan is carried and waives any and all information relating thereto. 9. HUSBAND'S DEBTS: Husband represents and warrants to Wife that as of the date ofthe separation he has not incurred, 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 harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, including charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment no matter what date the debtwas accrued. Husband agrees to indemnify and hold harmless Wife from any loss she may sustain as a result of any default in payment by Husband. Husband agrees to take whatever action is necessary and appropriate to prevent wife's credit standing from being adversely etTected, including not discharging the debts he shall assume by declaring bankruptcy. 10. WIFE'S DEBTS: Wife represents and warrants to Husband that as ofthe date of the separation she has not incurred, 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 hannless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, including charge accounts, presently in Wife's name alone shall be Wife's sole and separate responsibility for payment no matter what date the debt was accrued. Wife agrees to indemnify and hold harmless Husband from any loss he may sustain as a result of any default in payment by Wife. Wife has agreed to pay the following debts and hold Husband harmless: a) Mortgage and all expenses and costs on the house 5 ] 1. JOINT DEBTS: Husband and Wife each c.~ovenant, warrant, represent and agree that there are no joint debts with the exception of the ahove-referenced mortgage held by Citi Mortgage, which is to be refinanced into wife's sole name. . 12. 'VARRA...~TY AS TO }'UTURE OBLIGATIONS: Husband and Wife each I covenant, wa~Tant, represent and agree that with the exception of the obligations set forth in this Agreement, ~eithcr ofthem shall he1"eaft(~r incur any liability whatsoever for which the estate of I the other ma* b~ liable. Each party shall indemnify and hold harmless the other party for and against any afid aU-debts, charges and liabilities incurred by the other after the date of execution I of this Agrectnent, except as may be otherwise specifically provided for by the terms of this Agreement 13. f\FTER ACQUIRJl:D PERSONAL PROPF~RTY: Each of the parties hereto shall hereaft~r own and enjoy, independent of any claims or right of the other, all items of personal prorerty, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dis~ose of the same as fully and effectively. in all respects and for all purposes, as though he or she were unmarried. 14. TAX ON PROPERTY DIVISION: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all in<:ome taxes assessed a.gainst her, if any, as a result of the division of the property of the parties hereunder. 15. TAX ON NON-MARITAL PROPERTY: The parties hereby agree that, after reviewing their financial situations for the year of 2006, ,",ith their accountant, if the accountant 6 deems that it would be in their best interests to tile a joint tax return for the year of 2006, the parties will do so. If there is any tax refilnd due and owing the parties, they will divide same equally. 16. MUTUAL RELEASE: Both Husband and Wife agree to execute in a timely fashion an Affidavit consenting to the entry of a Final Decree in Divorce to the divorce action now pending in Cumberland County, Pennsylvania, to Docket No. 02-5858. Except as provided otherwise herein, Husband and \Vife, each does hereby forever relinquish, release, discharge and waive, and by this Agreement does for himself or herse1t: and his or her heirs, legal representatives, executors, administrators and assigns, relinquish, release, direct and derivative claims, rights or demands whatsoever, in law or in equity, which either ofthe parties might have against the other by virtue of their marriage to each other. This mutual release shall include, without limiting the foregoing generality, all present and future claims for support, alimony pendente lite, permanent alimony, counsel fees, costs and expenses, and for any share, right, interest, or claim to any property or of or concerning any property whatsoever which may be or does become a part ofthe estate ofthe other or which is transfened by reason ofthe death of the other. Specifically included in this Agreement shall be a Release of all rights which either party hereto has, by intestate law or any other law of inheritance in the Commonwealth of Pennsylvania or any other state of the United States, against the estate of the other, or any rights which either party has to take against the Last Will and Testament of the other. 17. IMPLEMENTATION: Each party shall execute promptly any and all documents 7 necessary and desirable to effectuate the terms set forth herein and the transfer and distribution of property in accordance herewith. Each party shall sign any documents, promptly upon presentation, needed to permit the other party to transfer or dispose of his or her individual property of whatever nature. 18. VOLUNTARY EXECUTION: The parties hereto declare that each of them fully understands the covenants and provisions contained in this Agreement. The parties both acknowledge that this Agreement is a fair agreement and not the result of fraud, duress, or undue influence exercised by either party upon the other, or by any other person or persons upon either party. Each party acknowledges having the opportunity to receive counsel and advice from an attorney of his or her choice regarding all of his or her legal rights, duties, obligations and liabilities in connection with, or resulting from, this Agreement. Each party has executed this Agreement freely and voluntarily and states that they fully understand all of the provisions thereof and the legal consequences and ramifications in connection therewith. This Agreement is not in any way intended to facilitate any divorce proceeding instituted by either of the parties hereto, nor are any of the provisions contained herein collusive with respect to any divorce proceeding now pending or hereinafter instituted by either party. Both parties acknowledge having received a fully executed copy of the Agreement. 19. MODIFICATION: This Agreement constitutes the entire understanding of the parties and supersedes and supplants any and all prior agreements and negotiations, verbal or otherwise, between them. There are no representations or warranties other than those expressly set forth herein. No modification or waiver of any of the terms of this Agreement shall be valid 8 unless in writing and executed with the same formality as this Agreement by both parties. 20. INTENDED TAX RESULT: By this Agreement, the parties have, in effect, equally divided their marital property. The parties have determined that such equal division conforms to an equitable and just standard with regard to the rights of each party. The division of the existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. 21. FULL DISCLOSURE: Husband and Wife both warrant that they have made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering into this Agreement. 22. 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 a timely fashion. 23. HEAL TH/MEDICAL INSURANCE: Upon the divorce becoming final, each of the parties hereto shall be responsible for their respective health/medical insurance and neither shall look to the other for coverage in any form or fashion whatsoever. 24. COURT-ORDERED DETERMINATION: Husband and Wife both voluntarily and knowingly relinquish any right to seek a Court-ordered determination and distribution of 9 marital property or award of alimony; alimony pendente lite; and counsel fees, costs and expenses and each forever waives whatever right, if any, either has to equitable distribution of marital property or alimony, but nothing herein contained shall constitute a waiver by either party of any right to seek the relief of any Court for the purpose of enforcing the provisions of this Agreement. Each party waives his or her right to alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses, and equitable distribution of property, except as herein provided, notwithstanding the Domestic Relations Code. Husband has been represented by Madelaine N. Baturin, Esquire. Wife has been represented by Melissa Peel Greevy, Esquire. 25. NO WAIVER OF DEFAULT: This Agreement shall remain III full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of eithe.r party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default ofthe same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 26. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, or by an action of contempt, and the party breaching this Agreement shall be responsible for the reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 27. APPLICABLE {,AW: This Agreement shall be construed in accordance with, and governed by, the laws of the Commonwealth of Pennsylvania. 10 28. SJ~VERAB1LITY: If at'lY term, cOlll.1itio!1, clause or provision ofthis Agreement shaH be determined or declared to be voici or invalid in law or othelWise, then only that term, condition, clause or provisions shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, cffe(".t and operation. 29. }~.NT1RE AGRF:El\n~NT~ This Agreement contains the entire understanding of tbe partif.;r.; and there am no representaticns, warranties, covenants Qr undet'takings other than those expressly set forth he.rein. 30. DESCRIPrIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in detennining the rights or obligations of the parties. 31. INDEPENDENT SEPARATF, COVENANTS: It is specifically understood and agre€~d by ilnd between the paIties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 32, VOU) CLAlJSI~S: If any tt:lm,. condition, clause or provisions of this Agreement shaH be determined or declared to be void or invalid in law or otherwi,se. then ouly that term, condition, clause or provision shall be stricken from this Agreement and in all other r~spects this Agreement shall be valid and continue in full force, effect and operation. 33. ENTRY AS PART OF DECREE: It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied 11 ~ r r .. in, and made part of, any suchjudgment(lr~ecree offim\ld~vorse~ . Both parties agree to have the ~~ ': ~';"".'-":~4)~~:;?~' terms of this Marital Settlement Agreement incorporated. in the final decree or divorce, for the purpose of enforcement, but not merged therein. 34. VALIDITY OF THIS AGREEMENT: Husband wzll sign this Agreement simultaneous with the refinancing of said marital real estate as referenced above and until the time of said refinancing, this Agreement will not become valid. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and to so bind their respective heirs, personal representatives and assigns, have signed and sealed this Agreement the day and year first above written. WITNESS: ,/I;;.w {~ STEVEN E. RAILING (Seal) l~Mu..~~ PE~~' (Seal) 12 !- :-:] f C_~: .. -. PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 02-5858 STEVEN E. RAILING, Defendant CIVIL ACTION - DIVORCE/CUSTODY AFFIDAVIT OF CONSENT Je ~ A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ~ ~ ;ZOd ;)...,. . 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in 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. ~4904 RELATING TO UNSWORN F ALSIFICA nON TO AUTHORITIES. DATE: .7k~ I I PEGG~~' (SEAL) o c ~-- C '''/ ~ r-...:J = C:J c:r" (- C:~ ~ o ..." --l :L" rl1p m o I ("~) I N 1J .':, -~i-:! ;,~ C^) ;'irn .."~... ~ :r~ ~ - .. N o ,- .--.. PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 02-5858 STEVEN E. RAILING, Defendant CIVIL ACTION - DIVORCE/CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on ~__L- .,;-l 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in 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. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: J-.J2-..06 /~/~ STEVEN E. RAILING (SEAL) o ~; .::~- .-..:> ,.~ C:> cro L- C-, \ N ") ~ ~ :I:-n ;11 ~~', C:' ,1., -c ~.' ~~... .~~~ ..",.. <J:l :..::. - . . I" " .,. PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 02-5858 STEVEN E. RAILING, Defendant CIVIL ACTION - DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330HC) 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 and expenses ifl 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. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE TO THE PENALTIES OF 18 PA.C.S. 94904 TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: i 6.2~( / PEGG~ (SEAL) f' r-..:l 0 c:;:;, c::> -n C~ (- -l e- :e,l :J:: n1E 141 I q N (-.\ . , -Cl -'~Fi ::; :co:: rrJ ~i .';::;.0 N ;.0 CJ .< .. '- '. PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 02-5858 STEVEN E. RAILING, Defendant CIVIL ACTION - DIVORCE/CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330HC) 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 and 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. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE TO THE PENALTIES OF 18 PA.C.S. ~4904 TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: f- ~~-,~ /~/~ STEVEN E. RAILING (SEAL) (') ,....., 0 = c = 11 ~ ...;: --l c_ :r: C.:: -n nl p: ..u:- ;~I? I ~,~j N ! (:) v .~) -n 3: "',", C";. ~+- .:) iT; ,.' ~;; "...-1 /.~- J::"t> ~ N :0 -< ~...... -. . . ... Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PEGGY S. RAILING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5858 CIVIL TERM v. CIVIL ACTION - LAW STEVEN E. RAILING, IN DIVORCE Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served via Restricted Delivery U. S. Mail on December 20,2002. Return of Service was filed December 26, 2002. 3. Complete either Paragraph A or B A. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff May 22, 2006; by the Defendant May 22, 2006. B. (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: Jl.,. .~ .. NO. 02-5858 CIVIL TERM 4. Related claims pending: The Marital Settlement Agreement dated May 22, 2006, shall be incorporated, but not merged, into this Decree in Divorce and is enforceable as an Order of Court as provided in 23 Pa. C.S. ~3105. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d) (1) (i) of the Divorce Code: Waiver of Notice signed by Plaintiff on May 22, 2006, and filed concurrently herewith. Waiver of Notice signed by Defendant on May 22,2006, and filed concurrently herewith. :275940 Enclosures c.:, C~ J"-.) C:::J. .--~ 0'.... () -1"1 ~ .r;;,.:...... ~ m~ ~-r~ll '11 _ ...._. ~'-l _I '-.-."" ~; ~:::\ ~J~;; ;:::1 d;j :< I N -ry -::f'" N '" ;t; IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. PEGGY S. RAILING, Plaintiff No. 02-5858 CIVIL TERM VERSUS STEVEN E. RAILING, Defendant DECREE IN DIVORCE AND NOW, 1--L- (,..J< 2006 , IT IS ORDERED AND DECREED THAT PEGGY S. RAILING , PLAI NTI FF, AND STEVEN E. RAILING , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; This Marital Settlement Agreement dated May 22, 2006, shall be incoIpOrated, but not merged, into this Decree in Divorce and is enforceable as an Order of Court as provided in 23 Pa. C.S. S3105. PROTHONOTARY '" ;t; ;t; '" "'''' '" '" ~'+; '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" J. ~9 P ~ ~ ~~ 1c?- 1/-? ~-P$~-~ fl w. #J!<? " _ 1: .;..., ...,. ,'" ..'I; . ".. .~