Loading...
HomeMy WebLinkAbout07-6343 Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Cynthia A. Railing CYNTHIA A. RAILING, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - 4JZ MICHAEL L. 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 in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET • FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 CYNTHIA A. RAILING, Plaintiff V. MICHAEL L. RAILING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Cynthia A. Railing, an adult individual currently residing at 1891 Esther Drive, Carlisle, Cumberland County, Pennsylvania. 17013. 2. The Defendant is Michael L. Railing, an adult individual currently residing at 241 Allen Road, Carlisle, Cumberland County, Pennsylvania. 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 12, 1984, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about July 15, 2001. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about July 15, 2001. 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. 11. Defendant is not currently serving in the United States Armed Forces. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. Date: 1c 7 Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHO ark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Cynthia A. Railing i ? AFFIDAVIT I, (-',j A Q , hereby certify that the aforegoing is true I 14 and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities.. Dated: (? 60/07 `- n TI -j i. 1 J ry ?? ?' 'lam C- y ; y'T l CYNTHIA A. RAILING, Plaintiff V. MICHAEL L. RAILING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.67-1,.2q,? (210 t* Lc-? n CIVIL ACTION - LAW : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on July 15, 2001, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 unworn falsification to authorities. Date: f? Cynthia A. Rafting ?? '`? -- ?- C7 , .;. r?::? , - s c . ..._{ r i tl ?_-- f'ri _, _ ? ,t , `• i r ?? R - v .?.. ?. .? ...; .. ` ?? CYNTHIA A. RAILING, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6343 CIVIL TERM MICHAEL L. RAILING, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Complaint in Divorce and Affidavit Under Section 3301(d) of the Divorce Code was served upon Michael Railing, on November 5, 2007, by Ceitified Mail, return receipt requested, addressed as follows: Michael Railing 241 Allen Road Carlisle, PA 17013 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: ! leo 7 Renee Dreis ach ¦ Complete items 1, 2, and 3. Also complete 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 mailplece, or on the front if space permits. 1. Artde Addressed to: ki clad fa t l r ?I M Carli±s,& 417013 2. Article Number S . F)leceived by (Printed Name) C. bate of Delivery J,c. A 14- ? ?,?? l ? S 07 D. Is delivery addre ss different from 1? Yes If YES, enter delivery address below: ? No 3. Service Type gdtertified Mail ? Express Mail 13 Registered ? Return Receipt for Merchandise 4. Restricted Dellvery? (Extra Fee) 7006 0100 0002 4044 5915 P3 Form 3811, February 2oo4 Domestic Return Receipt 1 C Qn ?a i ? . '•+4J?IS+Jw? p 4 r CYNTHIA A. RAILING, Plaintiff V. MICHAEL L. RAILING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-6343 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): , ? (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both) (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): `f (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Entry of a Divorce Decree, the Divorce Decree may be entered without further delay. • %% ;u I verify that the statements made in this counteraffidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 5rp) 01 a'ok Michael L. Railing, Defend f NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTERAFFIDAVIT. ?' t? ?? ? `" t - ?+? s? L: -? -v ; ? ?= ` ?" + '? CYNTHIA A. RAILING, Plaintiff V. MICHAEL L. RAILING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6343 CIVIL TERM CIVIL ACTION-LAW MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this ?- _ day of AM (AS+ 2008, BY and BETWEEN Cynthia A. Railing, of 1891 Ester Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", A N D Michael L. Railing, of 241 Allen Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". RECITALS R.1: The Parties hereto are Husband and Wife, aving been joined in marriage on May 12, 1984 in Cumberland County, Pennsylvania; and, R.2: Differences have arisen between the parties, in consequence of which the parties entered into divorce on October 29, 2007; and, R.3: The Parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them; and, R.4: Wife filed a Complaint for Divorce in the Court of Common Pleas of Cumberland County in the Commonwealth of Pennsylvania, to above-captioned docket number; and, caR R.5: It is the desire and intention of the parties, to amicably adjust, compromise and settle all property rights, and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the Pennsylvania Divorce Code, as amended; and, R.6: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by David A. Baric, Esquire and that Wife has been independently represented by Mark T. Silkier, Esquire.. NOW THEREFORE, with the aforementioned recitals being hereinafter incorporated by reference and deemed an essential part hereof and 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, receipt of which is hereby acknowledged, and the parties, intending to be legally bound, hereby agree as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party shall disparage or discredit the other in any way, nor in any way injure his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. C?" (2) DIVORCE: The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) and (d) of the Divorce Code. Both parties shall execute and file the requisite Consents and Waivers with the Court upon the written request of either party. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. (3) INCORPORATION BUT NOT MERGER INTO DIVORCE DECREE: This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. (4) REVIEW AND CONSENT: Husband and Wife acknowledge that each of them has read this Agreement and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. (5) REAL PROPERTY: Husband shall become the sole owner of 241 Allen Road, Carlisle, Pennsylvania. Husband and Wife agree that they will sign all necessary documents to have Wife's name removed from the Mortgage on the marital residence within six (6) months from the signing of this Agreement and Wife shall release her interest in the property to Husband. c? Wife shall execute a Deed at the execution of this document which deed shall be released at the time Wife is provided with the check for forty eight thousand ($48,000.00) dollars as referenced in R.6: (6) herein. Said Deed shall be held by the attorney for Husband pending Husband's refinance of the property located at 241 Allen Road, Carlisle, Pennsylvania. Contemporaneously, Husband shall have Wife's name removed from the Mortgage for the residence and Husband shall become the sole debtor on the Mortgage. (6) OTHER DISTRIBUTION PROVISIONS: Husband shall transfer to Wife the sum of forty eight thousand ($48,000.00) dollars. Contemporaneously, at the signing of this Agreement, Husband shall provide a check in the amount of forty eight thousand ($48,000.00), to David A. Baric, Esquire to be held in the O'Brien, Baric & Scherer escrow account. Upon notification that said check has cleared, a check from O'Brien, Baric & Scherer's escrow account will be issued to Wife. (7) DEBT: A. MARITAL DEBT: The parties desire and mutually agree to divide equally any marital debt acquired at this time. B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C. FUTURE DEBT: Except as otherwise herein provided, from the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other parry harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. C#?- (8) MOTOR VEHICLES: Except as otherwise provided herein, each party hereto hereby relinquishes any right, title or interest he or she may have in or to any automobile currently titled in the name of or in the possession of the other party. (9) TANGIBLE PERSONAL PROPERTY: Except as otherwise herein provided, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools 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 property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties. 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 possession of the parties hereto. (10) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each party hereto hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 401 K plans, and the like. (11) POST HIGH SCHOOL EDUCATION: It is the desire of the parties that their children shall attend college. In furtherance thereto, it is agreed between the parties that they shall each pay one half of the cost of attendance at a Pennsylvania State college or university. Specifically, each of the parties shall pay half of the cost of room, board, tuition and books, as well as any other mandatory fees and/or expenses. The child shall be expected to work during the summer, in order to earn money for personal items as well as entertainment and recreation. All costs of education shall be due and payable prior to the commencement of each semester. (12) DEBTS AND OBLIGATIONS: Each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. Husband will maintain health insurance coverage on the children through their post high school education. (13) WAIVER of ALIMONY: The Parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each Parry waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. (14) DIVISION OF BANK ACCOUNTS: The parties acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement. The parties hereto further acknowledge and agree that any bank accounts established individually by the parties shall become the sole and separate property of that party simultaneous with the execution of this Agreement. (15) AFTER-ACQUIRED PROPERTY: Each of the parties shall own and enjoy, independently of any claims or rights of the other all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other parry shall have no claim to that property. CPI- (16) LIFE INSURANCE: To the extent that either of the parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either party from designating beneficiaries under or encumbering their respective life insurance policies. (17) ATTORNEY'S FEES: Except as otherwise herein provided, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel fees, costs and expenses, if such fees or expenses are incurred. (18) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, within ten (10) days of any request to do so, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (19) 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. (20) COMPLETE DISCLOSURE: Each of the Parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each Party further acknowledges that he or she has had the opportunity to discuss with counsel, if desired, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any CP?- other court of competent jurisdiction. The Parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and other than provided herein, the parties do not wish to make or append hereto any further enumeration or statement. The Parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the Parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other Party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available to him or her full, proper and independent representation by legal counsel. (21) WAIVER OF APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, and 401 K's and IRA's, some or all of which were acquired during the marriage and therefore constitute marital property. However, the Parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. C?1- (22) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each Party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future support, division of property, including income of gain from property hereafter accruing, right of dower or curtesy, the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship, or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the Parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. Each party further releases the other from any and all claims or demands up to the date of execution hereof and any other claims either party could raise which arise from the marriage, contract or otherwise. (23) SEPARABILITY OF PROVISIONS: If any term, condition, 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 continue in full force, effect and operation. (24) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. Cq- (25) INCORPORATION INTO DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the Parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contact itself at law or in equity, or in any enforcement action filed in a Divorce action. (26) BREACH: It is expressly stipulated that in the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other parry shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (27) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (28) AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. C? IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: Michael L. Railing L41nd.,,t,,4- az4aa Cynthia A. g dab.dir/domestic/railing/maritalsettlement3.agr C? ?.. -. < . C 'i3 _ --I s ? ,`C _? C.w? '-r.. m`?; ?'._ t ?'="a . Y T? ? ...-. C..,' " - ' .?. CYNTHIA A. RAILING, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-6343 CIVIL TERM MICHAEL L. RAILING, CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, David Baric, Esquire, attorney of record for the Defendant, Michael L. Railing, hereby certify that I accept service on his behalf of a Section 3301(d) Counteraffidavit in the above-captioned matter on (p ?0 OS , 2008, by first-class mail, postage prepaid. I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. 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: 10 g x000 3?v '0 David Baric, Esquire ?.7 t^.? ? ? ' -f? «-+ ..?°'.? ? .. d.=.? 4? ? aw.n i ?`t ? i pp y !rt S '. r^. L CYNTHIA A. RAILING, Plaintiff V. MICHAEL L. RAILING, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6343 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE 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 Section 330W c QQ 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: November 5, 2007 by Certified Mail, return receipt requested 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: October 26, 2007 (2) Date of service of the Plaintiffs Affidavit upon the Defendant: November 5, 2007 by Certified Mail, return receipt requested 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. i 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: August 6, 2008 (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: y N ,?,) C.n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Cynthia A. Railing VERSUS Michael L. Railing AND NOW, NO. 2007-6343 Civil Term DECREE IN DIVORCE owe O ?v IT IS ORDERED AND DECREED THAT Cynthia A. Railing PLAINTIFF, AND Michael L. Railing 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; The Marriage Settlement Agreement between the parties shall be incorporated, but Decree in Divorce. merge with the final RT: ATTEST: J PROTHONOTARY ?? ?.