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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
Y"()l'Il'lE;u .l'IJ;:.IDL INGER, u. .uu u
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DECREE IN
DIVORCE
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AND NOW, .......... .1...-..... 'i........ ,;I-'}. :Z:'?~.7 it is ordered and
decreed that. .. . . . .Y:':'?JOl~.e. .1'!'~~.~~~~9.e.:r:. . . . . . . . . . .. . ... . . . . . " plaintiff,
and. . .. . .. .. . . . . . . .I:'I~~.h;~~~. .r<:e:~?~.i.~<;J~;r-.. .. .. .. . . . . . . .. . . ", defendant,
are divorced from the bonds of matrimony.
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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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YVONNE NEIDLINGER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6449 CIVIL TERM
CIVIL ACTION - LAW
MICHAEL NEIDLINGER,
Defendant
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 (X) 3301 (c) ( ) 3301
(d) (1) of the Divorce Code.
2. Date and manner of service of the Complaint: 11/30/01. Certified Mail. Return Receipt
Requested. # 7099 3400 000311574511.
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 Plaintiff 4/24/02 ; by Defendant 4/24/02 .
(b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce
Code: N/A;
(2) Date of service of the Plaintiffs Affidavit upon the Defendant: N/ A.
4. Related claims pending: None. Marriage Settlement Agreement dated June 20. 2001.
5. Date and manner of service of the Notice of Intention to File Praecipe to Transmit
Record, a copy of which is attached: 5/23/02 First Class Mail.
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Joseph. ixon, Esquire
Attorney for (X) Plaintiff
Attorney for ( ) Defendant
Date: May 23, 2002
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 'J.O day of ( lJ JJ '(, , 2001, by and between
YVONNE M. NEIDLINGER (hereinafter called "Wife") and MICHAEL D. NEIDLINGER (hereinafter
called "Husband").
WITNESSETH:
WHEREAS, Husband and Wife were married on June 25, 1994; and
WHEREAS, there was One (1) child born of this marriage, Jacob Alan born on December 21,
1996; and
WHEREAS, the parties hereto desire to fix and determine by this Marriage Settlement
Agreement the rights and claims they have accrued to each of them in the estate and real and personal
property of the other by reason of the marriage, and all economic rights of every kind and description
arising from the marital relationship.
NOW THEREFORE, in consideration of the promises and of the marriage, and in further
consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally
bound hereby, the parties 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 as he or she may from time to time choose
or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their living apart.
2. INTERFERENCE. Each party shall be free from interference, authority, and
contact by the other, as folly as he or she were single and unmarried except as may be necessary
to cany out the provisions of this Agreement.
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3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of
separation she has not incurred, and in the future will not contract or incur, any debts, liability for which
Husband or his estate may 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 and/or debts and charge accounts currently in Wife's name alone shall be Wife's sole and separate
responsibility for payment. Wife agrees to indemnify and save hannless the Husband from any loss he
may sustain, including attorneys fees, as a result of any default in payment by Wife.
4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the
date of separation he has not incurred, and in the future will not contract or incur, any debt or liability for
which the Wife or her estate might be responsible and shall indemnify and save hannless Wife from any
and all claims or demands made against her by any reason of debts or obligations incurred by him. Any
and all loans and/or debts and charge accounts presently in Husband's name alone shall be Husband's
sole and separate responsibility for payment. Husband agrees to indemnify and save hannless Wife from
any loss she may sustain, including attorneys fees, as a result of any default payment by Husband.
5. EOUITABLE DISTRIBUTION. Husband hereby agrees to give up all right, title
and interest he has in the marital property at 101 Poplar Road, New CUIIlberland, Pennsylvania to Wife.
Wife agrees to be responsible for the mortgage to National City Mortgage, formerly
First Mortgage Services. In addition, Wife waives all right, title, and interest she may have in
any pension plan that Husband may have with any former employer or his present employer, Genco.
Husband waives all right, title, and interest he may have in any pension plan Wife may have through her
employer, Central Penn Blood Bank.
6. DNISION OF PERSONAL PROPERTY. The parties have divided between
them, to their mutual satisfaction, their personal effects, bank accounts, household furniture and
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furnishings, and all other articles of personal property which have been heretofore been used by them in
common. Husband shall waive any right, title, and interest he has in a 1996 Pontiac Sunfire motor
vehicle currently in the possession of Wife.
7. CUSTODY. Wife shall have primary legal and physical custody of
the parties' son, Jacob Alan Neidlinger. Husband shall have visitation rights as agreed upon between the
parties.
8. BREACH. If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages of such breach, including legal fees
and expenses, or seek such remedies or relief as may be available to him or her respectively.
9. A pDITIONAL INSTROMENTS. Each of the parties 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 and effect to this Agreement.
10. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent
and Waiver of Counseling to facilitate the entry of a Divorce Decree pursuant to Section 3301(c)
of the Divorce Code contemporaneously with execution of this Agreement.
II. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, and assigns. This Agreement shall survive a Decree of Divorce between the parties in
any jurisdiction and any other order which may be entered in accordance with this Agreement. In the
event that a Decree in Divorce is entered in the Court of Common Pleas ofY ork County, Pennsylvania,
or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to
incorporate this Agreement into the Divorce Decree for purposes of enforcement.
12. ENTIRE AGREEMENT. This Agreement contains the entire understanding of
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the parties, and there are no representatives, warranties, covenants, or undertakings other than those
expressly set forth herein.
13. MODIFICATION AND WANER. A modification or waiver of any of the
provisions of this Agreement shaH be effective only if made in writing and executed with the
same formality as this Agreement. The failure of either party to insist on strict performance of
any of the provisions of this Agreement shall not be construed as a waiver or any subsequent
default of the same or similar nature.
14. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in detem1ining the rights or obligations of the
parties.
IN WITNESS WHEREOF, the parties hereunto set their hand and seals the day and year first
above written.
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Co.M!vIONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this the r.1/Qdayof, Iv i1)~ ,2001, before me, a Notary Public,
personally appeare~l D. Neidlinger, 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 purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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CATHEIjINE A. OIXOIII,NO,
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this the Q,;..J day of Jv /LIe ' 2001, before me, a Notary Public,
personally appeared Yvonne M. Neidlinger, 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 purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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YVONNE NEIDLINGER,
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0\ - ('4~r Ciu'( l Ytft...Y1
CIVIL ACTION - LAW
MICHAEL NEIDLINGER,
Defendant
IN DIVORCE
. NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COUR.T. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You arewarned that if you fail to do
so, the case may proceed without you aud a Decree in Divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for auy other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other rights
importaut 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.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Court Administrator
Dauphin County Court House
Front aud Market Streets
Harrisburg, PA 17101
(717) 255-2711
Dated: November 12, 2001
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Joseph 1. Dixon, Esquire
126 State Street
Harrisburg, PA 17101
(717)236-8515
Attorney for Plaintiff
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YVONNE M. NEIDLINGER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
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CIVIL ACTlON-LA W
MICHAEL D. NEIDLINGER,
D~fendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW this 16th dayof July, 2001, comes the Plaintiff, Yvonne Neidlinger, by and
through her attorney, Joseph J. Dixon, Esquire, who respectfully avers as follows:
1. Plaintiff, Yvonne Neidlinger, is an adult individual who resides at 616 Carrol
Street, New Cumberland, Pennsylvania, 17070.
2. Defendant, Michael Neidlinger, is an adult individual who resides at 322 North
Front Street, Apartment 6, Wotmleysburg, Pennsylvania, 17043.
3. Plaintiff has been a bone fide resident of the Commonwealth of Pennsylvania for
at least six (6) months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were mani.ed on June 25,1994, in Cumberland
County, Pennsylvania.
5. The parties separated on January 15,2000.
6. There have been no prior actions for divorce or annulment between the parties.
7. There is (1) child born of this marriage.
8. The Plaintiff and Defendant are both citizens of the United States of America.
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9. Defendant has been advised of his right to seek marriage counseling in this
divorce action, but waives the right to do so.
10. The Plaintiff and Defendant are not members of the Armed Services of the United
States or any of its allies.
11. The Plaintiff avers that 1ihe ground on which this action is based is that the
marriage is irretrievably broken.
WHEREFORE, The Plaintiff prays this Honorable Court enter a Decree in
Divorce in accordance with Section 3301(c) of the Divorce Code.
Respectfully submitted,
By/l/~~
. Joseph 1. Dixon, Esquire
Attorney ID No. 28290
126 State Street
Harrisburg, PA 17101
(717) 236-8515
Attorney for Plaintiff
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VERIFICATION
I verify that the statement made in this Divorce Complaint are true and correct. I
understand that false statements herein are made subject to the penalty of 18 Pa. C.S. ~4904,
relating to unsworn falsification to authorities.
Dated: November 12, 2001
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YVONNE NEIDLINGER
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-6449 CIVIL TERM
CIVIL ACTION - LAW
MICHAEL NEIDLINGER
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT &
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER 3301 (e) OF THE DIVORCE CODE
I. A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on
November 13,2001.
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 of divorce without formal notice of the intention to
request entry of a divorce decree.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses, if! do not claim them before a divorce is granted.
5. I understand that I will not be divorce 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. Sec. 4904 relating to the
unsworn falsification to authorities.
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YVONNE M. NEIDLINGER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO,: 01-6449 CIVIL TERM
MICHAEL D. NEIDLINGER,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
AFFIDAVIT OF CONSENT &
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER 3301 (c) OF THE DIVORCE CODE
1. A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on.
November 13,2001.
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 of divorce without formal notice of the intention to
request entry of a divorce decree.
4. 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.
5, I understand that I will not be divorce 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. Sec. 4904 relating to the
unsworn falsification to authorities.
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YVONNE NEIDLINGER,
Plaintiff,
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-6449 CIVIL TERM
CIVIL ACTION-LAW
MICHAEL NEIDLINGER,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
Personally appeared before me, a Notary Public, in and for the aforesaid Commonwealth
and County, JOSEPH J. DIXON, ESQUIRE, who first being duly sworn according to law, does
depose and say that he made service of the Complaint in Divorce upon the Defendant by placing
a true and correct certified copy with the Notice to Defend and Claim Rights in the United States
Mail at Harrisburg, Pennsylvania.
Certified Number: 7099 3400 0003 1157 4511
The same was received and acknowledged on behalf of the Defendant, MICHAEL
NEIDLINGE~ on this 30TH day of November 2001, as the addressee.
Receipt for mailing is attached hereto.
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kseph . lXon, Esquire
Attorney for Plaintiff
Sworn and subscribed before me
this /5114 day of MlYitA ,2002.
i~~r Md
~TA PUBLIC
My Commission Expires:4/zt;Jo?
NOTARlAL SEAL
, Jetunfer M. Wilson. Not~ PubIlc
City ofJlQrrlsburg. DQupbin 0IIIIIly
My commisoion Ilxpiles Apt. 25,:1.005
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IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA
CIVIL DIVISION
x
Yvonne. ~e.\d tlf\~1
. Plaintiff
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File No. 0 \ - to44Q C.i Vi L \"CRN
vs.
tv! ~e.1\-Aa NBDLl!'S~eR
Defendant
IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
'Notice is hereby given that the Plaintiff I Defendant in the above matter,
[select one by marking "x'1
prior to the entry of a Final Decree in Divorce,
or X" after the entry of a Final Decree in Divorce dated CfLir.se" Lt, ~DDd. ,
hereby elects to resume the prior surname of &R lC-\<.,E R. , and gives this
written notice avowing his I her intention pursuant to the provisions of 54 P.S. 9 704.
Date: '7./S.0J f) 10MhZJrl~ 1lA1~rl t,/1A;;"OIl ,
U l/U IVISignature . J v -\~ ,- F ~
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ignature of name being resumed
COMMONWEALTH OF PENNSYLVANIA )
(\ ) SS.
COUNTYOF I....UKU.RLANb )
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On the 15 day of ,.;J<XJ'";)... , before me,
the Prothonotary or a Notary Public, per nally appeared the above affiant known to me to be
the person whose name is subscribed to the within document and acknowledged that he I
she executed the foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand and official seal.
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Proth. - 61 (Rev. 4/01)
Notarial Seal
Sandra K. Longenecker, Notary Public
Swatara Twp., Dauphin County
My Commission expires Jan. 15, 2004
Member, Pennsytv8l)ia _ 01 NoIaries
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