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Home My WebLink About01-6449YVONNE NEIDLINGER, Plaintiff MICHAEL NEIDLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 again.qt 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 fights 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 Frout and Market Streets Harrisburg, PA 17101 Dated: November 12, 2001 (717) 255-2711 By: ~ Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 (717)236-8515 Attorney for Plaintiff YVONNE M. NEIDLINGER, Plaintiff V. MICHAEL D. NEIDL1NGER, Defend-ant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW this 16~ day of July, 2001, comes the Plaintiff, Yvonne Neidllnger, 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 SWeet, New Cumberland, Pennaylvania, 17070. 2. Defend_ant, Michael Neidlinger, is an adult individual who resides at 322 North Front SWeet, ApaFuaent 6, Wormleysburg, Penn.qylvania, 17043. 3. Plaintiffhas been a bone fide resident of the Commonwealth of Penn.qylvania for at least six (6) month.~ immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 25, 1994, in Cumberland County, Penn.qylvania. 5. The parties separated on January 15, 2000. 6. There have been no prior actions for divorce or annlllment between the parties. 7. There is (1) child bom of this marriage. 8. The Plaintiff and Defendant are both citizens of the United States of America. 9. Defendam 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 the 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, · Joseph J. Dixon, Esquire Attorney ID No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Plaintiff I verify that the statement made in this l~Yg~rgg321~ll~!.q~.i are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. §4904, relating to ~mswom falsification to authorities. Dated: November 12, 2001 ! PHONE (717} 233-8757 F~33-5860 ATTORNEY AT LAW 126 S~.~L,_,_,_,_,_,C~E STREET HARRISBURG, PA 17101 YVONNE NEIDLINGER Plaintiff Vo MICHAEL NEIDLINGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6449 CIVIL TERM 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 A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on November 13,2001. 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. I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses, ifI do not claim them before a divorce is granted. 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. DATED MICHAEL D. NEIDLINGI~R ~ - PHONE (717) 233-8757 ~) 233-586O ATTORNEY AT LAW ,2 2¢~STATE STREET HARRISBURG, PA 17101 YVONNE M. NEIDLINGER, Plaintiff MICHAEL D. NEIDLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 01-6449 CIVIL TERM 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 A Complaint in Divorce under section 3301 (c) of the Divorce Code was filed on. November 13,2001. 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. I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses, ifI do not claim them before a divorce is granted. 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 tree 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. DATED YVONNE NEIDLINGER, Plaintiff, MICHAEL NEIDLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6449 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE _AFFIDAVIT OF SERVICE Personally appeared before me, a Notary Public, in and for thc 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 thc Complaint in Divorce upon the Defendant by placing a tree 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 NEIDLINGER, on this 30TM day of November 2001, as the addressee. Receipt for mailing is attached hereto. Sworn and subscribed before me this /5/t4 day of 4~ _, 2002. ~TARn{ PUBLIC Attorney for Plaintiff My Commission Expires:/~/Z~/p¢~- tNOTARIAL SF~ ~of~,~~I 3. Aleo oom~ete a Oe~lve~ Is deetred. Print your name and addmea on the reverse ~° that we can return the card to you. · Attach this card to the back of the mallpiece, oron the front If space Permlta. Domestic Return Receipt I02595-99-M.i 789 YVONNE NEIDLINGER, Plaintiff MICHAEL NEIDLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6449 CML TERM CML ACTION. LAW IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD 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 (d) (1) &the Divorce Code. (c) ( ) 3301 2. Date and manner of service of the Complaint: 11/30_/0~M~ _Reauested. # 7099 3400 0003 115~7 451~1. 3. Complete either Paragraph (a) or (b). (a) Date &execution of the Affidavit of Consent required by Section 3301 (c) &the Divorce Code: by Plaintiff4/24/02; by Defendant ~. Code: N~/A; (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) &the Divorce Date: May 23, 2002 (2) Date &service of the Plaintiff's Affidavit upon the Defendant: N/A. 4. Related claims pending: None. Marria e Settlement A reement dated June 20 2001. 5. Date and manner of service of the Notice &Intention to File Praecipe to Transmit Record, a copy of which is attached: 5_//23/02 First Class Mail. Joseph~ Attorney for (X) Plaintiff Attorney for ( ) Defendant THIS AGREEMENT, made this_~day of ~ YVONNE M. NEIDLINGE~ (hereinailer ~-----_.__~, 2001, by and between called "Husband"). called "Wife") and MICHAEL D. NEIDLINGI~ (hereinafter WITNESSETH: WHEREAS, Husband and Wife were married on June 25, 1994; and WHEREAS, there was One (1) child bom of this marriage, Jacob Alan born 1996; and on December 21, 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. ~. 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. ~~. Each party shall be flee from interference, authority, and contact by the other, as fully as he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. ~. Wife represents and wan'ants 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 harmless Husband fi.om 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 harmless the Husband from any loss he may sustain, including attorneys fees, as a result of any default in payment by Wife. 4. /x~USBAND'S DEBT~ 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 harm/ess Wife fi.om 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 indenmify and save harmless Wife fi.om any loss she may sustain, including attorneys fees, as a result of any default Payment by Husband. 5. F-Z)UITABLE DiSTRiBUTiOn. Husband hereby agrees to give up all right, title and interest he has in the marital Property at 101 Poplar Road, New Cumberland, 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, rifle, 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, rifle, and interest he may have in any Pension plan Wife may have through her employer, Central Penn Blood Bank. 6. ~. The parties have divided between them, to their mutual satisfaction, their personai effects, bank accounts, household furniture and the parties, and there are no representatives, warranties, covenants, or undertakings other than those expressly set forth herein. 13. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist 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 determining 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. WITNESS/] ICHAEL D. NEIfiLING/~R'~ ~ COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : : On this the erson ~ Y P ally appeared lOJchael D Ne/dlin~er ~' 2~001, before me, a No Publi · 0--7 x, osoWlI TO me (or g~it~o,e~*A--'~ tary c~ person whose name is subscribed to the within instnnnent and acknowledged that he executed ...... · -~.tunxy proven) to be the the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHIN : P ..On this the ~ day of ,.,]-'(.~,~Q,,,{:::::> ersonmly appeared Yvonne M Neidlin~-- ,~ _ _, 20.01, before me, a Not Publi . p. erson whose name is subscrib2,~ ,,. -.~ ~-~; .Kn.OWn to me (or satisfactorily t)rov~a~x the same for the n,,,-,,ose .~-A- .'~ '" ~* w~mm instalment and acknowle.~.' ~ .~ .'"~.~ ~" oc me ~-v merem contained, us,u mat ne executed IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND 'COUNTY STATE OF ~ PENNA. YVONNE NEIDLINGER, Plaintiff Versus MICHAEL NEIDLINGER, Defendant NO 01-6.~.49 CIVIL TERM DECREE IN DIVORCE AND NOW ............ ~'"'~- · · -'/ ....... ,,,1'9..z:.97.,,;-Jt is ordered and decreed that Yvonne Neidlinger ................................................ , plaintiff, and .... Michael Neidlinger .............................................. 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 dated.~9~.~0~..~QQ3' "~et~e~"the'Partiea.is. hereb~.inc~rporated.~erein.an~.mad~... part this Decree. IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL DIVISION · Plaintiff : : File No. VS. Defendant : G - LoCturq P-.i v IN DIVORCE N~OTICE TO RESUME PRIOR SURN~.~SF Notice is hereby given that the Plaintiff / Defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or ~' after the entry of a Final Decree in Divorce dated ,,,.~-~1~'/-~ ~l~ hereby elects to resume the prior surname of ~,~, I,C_.Y,,~' ~..,, and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. § 704. Signature COMMONWEALTH OF PENNSYLVANIA ) COUNTYOF (~U,i,4, i~_.p,,L,A.l~t:::, ) SS. ) On the 15--c~ day of ~, , _~Zq0_'.'.'.'.'.'.~, before me, · the Prothonotary or a Notary Public~p~rs'dnally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. Froth. - 61 (Rev. 4/01)