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HomeMy WebLinkAbout08-6795MICHAEL G. McNEAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ?? - &19S 7 JILL A. McNEAL, Defendant CIVIL ACTION -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 PAPERS BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MICHAEL G. McNEAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. p L 7 9 S.Q Tom, JILL A. MCNEAL, Defendant CIVIL ACTION -DIVORCE COMPLAINT DIVORCE UNDER SECTION 3301 (c) AND SECTION (d) OF THE DIVORCE CODE 1. Plaintiff is Michael G. McNeal, who currently resides at 589 West 1St Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Jill A. McNeal, who currently resides at 589 West 1St Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months prior to the commencement of this action. 4. Plaintiff and Defendant were married on October 22, 1994 in Ashland, Pennsylvania. 5. The parties have one minor child from the marriage: Molly Aileen McNeal, born November 30, 1999. 6. There has been no prior divorce action filed in this matter. 7. Neither party is a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the Court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) § 3301(c). The marriage of the parties is irretrievably broken; and (b) § 3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will file an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully Submitted, COLGAN MARZZACCO, LLC By _ Timothy J. , E ire Attorney ID 0079,44 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: l l'ly vP' MICHAEL G. McNEAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JILL A. McNEAL, Defendant CIVIL ACTION -DIVORCE VERIFICATION I, Michael G. McNeal, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Dated: j f 4. O8 MI EL G. McNEAL Plaintiff ? ? VZJ is co co -.a cs? `rt g-n TI MICHAEL G. McNEAL, Plaintiff V. JILL A. McNEAL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6795 Civil Term : CIVIL ACTION -DIVORCE ACCEPTANCE OF SERVICE I, Dawn S. Sunday, Esquire, Attorney for the Defendant, accept service of the Divorce Complaint filed on November 17, 2008. I certify that I am authorized to accept service on behalf of said, Defendant, Jill A. McNeal. Date: A j6 ire &F4 ick) ?, Dawn S. Sunday, Esquire Attorney I.D. No. _VZyyy 39 West Main Street Mechanicsburg, PA 17055 (717) 766-9622 _.: ;?v: MICHAEL G. McNEAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6795 Civil Term JILL A. McNEAL, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on November 17, 2008. 2. The marriage of 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 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 0? -L3b Date Jrl A. McNeal Defendant '`?,' -° i £_° =? +.::3 %? ? ? '?' ?? i?-' ; ? •- iT: _ ?"k7 - -? --?'t ......- _? i`i 4 MICHAEL G. McNEAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6795 Civil Term JILL A. McNEAL, Defendant CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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, or 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Jil . McNeal Defendant r-O MICHAEL G. McNEAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-6795 Civil Term JILL A. McNEAL, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on November 17, 2008. 2. The marriage of 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 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 3113 0 Date Mic ael G. McNeal- Plaintiff s4 _ c?..:.? ?? _i-1 _ -`? Fii _ _ .? ?. +"t,) ...? - _ ?} 1 ..:.... -L. f.,?.i ?? + MICHAEL G. McNEAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6795 Civil Term JILL A. McNEAL, Defendant CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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, or 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. w 3 113169 L Date Michael G. McNeal Plaintiff dk MICHAEL G. McNEAL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6795 Civil Term JILL A. McNEAL, Defendant CIVIL ACTION -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. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Defendant's Counsel Accepted Service of the Complaint on November 21, 2008, said Acceptance of Service was filed with this Honorable Court on December 2, 2008. 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: March 13, 2009 ; By Defendant: March 13, 2009. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: There were no related claims raised with this Honorable Court; therefore, there are no related claims pending before this Honorable Court. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: being filed simultaneously with this Praeciye; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: being filed simultaneously with this Praecine. Respectfully Submitted, COLGAN MARZZACCO, LLC BY (.''! ,(I" Timothy J. Co-Wan EsWre Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: 3 - 17- 0 7 ?? tU r? r j _ _ v =;-i " ._t s --? F . ^3 --r :. ; ?.? "'t:3 _ -i. ,? ?? -. ? ` Cs --c. s Michael G. McNeal Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Jill A. McNeal NO. 2008-6795 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Thrift Savings Plan ("Plan") and any successor thereto. Jill A. McNeal ("Participant") is a Participant in the Plan. Michael G. McNeal ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Jill A. McNeal 209 Touchstone Drive Carlisle, PA 17015 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: ? w DRO Page 2 Michael G. McNeal 100 Earl Street Boiling Springs, PA 17007 Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. This Order assigns to Alternate Payee an amount equal to $33,009.00 of the Participant's total account balance accumulated under the Plan as of January 23, 2009 (or the closest valuation date thereto) plus any interest and investment earnings or losses attributable thereon from January 23, 2009 (or the closest valuation date thereto) until the date of total distribution. 8. The Alternate Payee shall be paid benefits as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 9. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash payment. 10. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from such parties. 11. This DRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 12. This DRO does not require the Plan to provide increased benefits. w DRO Page 3 13. This DRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 15. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 16. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to him under this DRO. 17. In the event the Participant predeceases the Alternate Payee before the Alternate Payee receives his distribution, the Participant's death shall have no effect on the Alternate Payee's assigned portion of the benefits, as stipulated herein. If applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of his assigned interest hereunder. 18. If Participant takes any action that prevents, decreases or limits the collection by Alternate Payee of the sums to be paid hereunder, she shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. DRO Page 4 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Accepted and Ordered this :KI day of OAP , 'Zk CONSENT TO ORDER: ,, n -lid wei 31( 309 C-4e- o ,3 Plaintiff/Alternate Payee Date C13 . efendantlici t ate 3-13-0y Attorney o aintiff/ Date Alternate Payee Attorney for Defendant/ Date Participant r ON! 31-opy MICHAEL G. McNEAL, V. JILL A. McNEAL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6795 Civil Term DIVORCE DECREE AND NOW, &Jd , %r2t? , it is ordered and decreed that MICHAEL G. McNEAL, , plaintiff, and JILL A. McNEAL, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the QW t, J. rothonotary I/- I -0 ql `n ;a,6,1 MICHAEL G. McNEAL IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-6795 CIVIL TERM JILL A. McNEAL : Defendant IN DIVORCE NOTICE OF INTENTION TO RESUME FORMER NAME Notice is hereby given that the Defendant, JILL A. MCNEAL, having been granted a Final Decree in Divorce from the bonds of matrimony on the ?S day of f2jQ?C)-X- , 2009, hereby intends to resume and hereafter use her previous name of JILL ANN JOHNSON and gives this written notice avowing her intention in accordance with 54 Pa.C.S. Section 704(a). ?-- 11 A. McNeal TO BE OWN Jil Ann Johnson COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND On the /3'?day of i!h2f!?j , 2009, before me, a Notary public, personally appeared JILL A. MCNEAL, to be known as JILL ANN JOHNSON, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. COMMONVYFAt.TH OF PENNSYLVANIA Down S. Sunday, NNooary Public Notary Public Medan* Wxn eoro. Cumberland County My C*Wn*" Expires oa.1. 2012 Member, Pennsylvania llssodOw or Nobuiss OTARY 2009 APR Is Pli Y !? $!l.oo p0 A'TTY ?'1t 67 8;t