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HomeMy WebLinkAbout07-0455RICHARD E. WISER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007- y~y' CIVIL TERM LORENA J. WISER, CIVIL ACTION-LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT`S You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-316b RICHARD E. WISER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 2007- ~/ci 5~ CIVIL TERM LORENA J. WISER, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff, Richard E. Wiser, is an adult individual residing at 45 Cabin Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Lorena J. Wiser, is an adult individual residing at 45 Cabin Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 22, 1993 in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER f f David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff d ab.dir/domestic/wiser/complaint.pld VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: f ~ ~ - 6 7 ~ ~' ~~ `~ J~~ Richard E. Wiser +Y • C? '"' p ,.-~ .-- ~ -r~ o^` -- --~ ~- ~ O O N ~~j ~/ v t I 4~ ~ l^} .a ~ i Q r, `~~ ; ~ IT{ Ul D ~ - ~~ na ,. t -- ~ RICHARD E. WISER, Plaintiff v. LORENA J. WISER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 455 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, on this the 1 day of February , 2007, I, Lorena J. Wiser, Defendant, hereby accept service of the Divorce Complaint in the above-captioned action and acknowledge receipt of a true and attested copy of said Complaint. C ~ _ ~_ ~~ Lore . Wis ~ ~' ~ ( _' i =t' ~~` u ~ ~ (~,' ~ l ^--'~ =: :. ...~ ~ „` RICHARD E. WISER, Plaintiff v. LORENA J. WISER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-455 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 22, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. I consent to the entry of a final decree in divorce without notice. 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 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: " T ~ ~ 7 ~ a 7 ~ ~ w,1t~Q.Q~t Richard E. Wiser ° ~ ~:. ~ ~ ~ . ~ ~ ;1'9 t `` ~ ~~ ~Y, ~~ '~s ~- ~ RICHARD E. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007-455 CIVIL TERM LORENA J. WISER, CIVIL ACTION-LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 22, 2007. 2. Defendant acknowledges receipt and accepts service of the Complaint on February 1, 2007. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: ~- 01 ~~~ 7 Q ~ ~~ ~ ~ ~ ~ iF i (,, , ~ '"~~,'~i~C i ^' -i - ~ ~ {`7 F , .. :.~ ~ ~ ~~ CG ~ : r =: ~..v~ L"r ~ .... 1 .. ~ ""' ~ RICHARD E. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007- 455 CIVIL TERM LORENA J. WISER, CIVIL ACTION-LAW Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of , 2007, by and between Lorena J. Wiser, hereinafter referred to as "Wife", and Richard E. Wiser, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on May 22, 1993 in Newville, Cumberland County, Pennsylvania; and, WHEREAS, differences have arisen between the parties and it is the intention of the parties to live separate and apart. The parties are therefore desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: the ownership and equitable distribution of all property owned by the parties; spousal support, alimony and alimony pendente liter and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, each party is fully familiar with the all of the property owned by the parties and each party acknowledges having sufficient opportunity to investigate and evaluate the property owned by the parties, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code. Page 1 of 7 NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the parties, intending to be legally bound hereby, do covenant and agree as follows: 1. DIVORCE: The parties agree to the entry of a Decree in Divorce pursuant to Section 3301(c) 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. 2. 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. Page 2 of 7 3. 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. 4. TANGIBLE PERSONAL PROPERTY: Husband shall retain the 1999 Chevrolet pickup truck and 1990 Buick Riveria, both of which are currently titled in Husband's name alone. Wife shall retain the 1990 Chevrolet Corsica titled in Wife's name alone. All other tangible personalty shall be divided as agreed upon by the parties. 5. OTHER PROPERTY DISTRIBUTION PROVISIONS A. REAL ESTATE: Husband shall become the sole owner of 45 Cabin Road, Newville, 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 here interest in the property to Husband. B. WAIVER OF RETIREMENT BENEFITS: Husband has a retirement account and savings bond through the Borough Of Carlisle. Wife shall waive any right or interest she may have in Husband's retirement account and savings bond. C. Husband shall transfer to Wife the sum of twenty-five thousand ($25,000.00) dollars representing a distribution of the parties marital assets at the time of the execution of this Agreement. D. Husband shall become the owner of the parties savings account at Members First Federal Credit Union. Wife agrees that she will sign all necessary documents to have her name removed from that account. Page 3 of 7 6. DEBTS AND OBLIGATIONS: Husband and Wife shall each be responsible for debts which they each presently have. 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. 7. INDEMNIFICATION: Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 8. EQUITABLE AGREEMENT: Both parties agree that the herein above set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. Page 4 of 7 • 9. MUTUAL RELEASES: Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law, arising by any right to take against the Will of the other party, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising from anything of any nature whatsoever, excepting only those rights accorded to the parties under this Agreement. 10. BREACH: If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful parry shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 11. COMPLETE DISCLOSURE: The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. Page 5 of 7 t 12. ENTIRE AGREEMENT: This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 13. MODIFICATION: This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS: This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15. SEVERABILITY AND INDEPENDENT COVENANTS: The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 be valid and continue in full force and effect. 16. LIFE INSURANCE. Each party agrees that the other party shall have sole ownership of any insurance policies owned by the other party. Each party shall have the right to borrow, cash in policies, change beneficiaries, and exercise any other incidents of ownership of their respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to transfer ownership in such policies to the respective party who presently owns such policies. Page 6 of 7 il~ 17. LAW AND JURISDICTION APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 18. OTHER DOCUMENTATION: The parties agree that they shall, upon written request from either party execute any and all written instruments or documents required to effectuate the terms of this Agreement. WHEREFORE, the parties intending to be legally bound hereby, execute this Agreement the date first written above. WITNESS: ! Lorena J. Wise ~ 1-~ W~ (. ° ~/~ Richard E. Wiser da b.dir/domestic/wiserlsettlement.agr /~, ~ r-,J { _Y ""~ ~ t Tl i ~ ...e: ,,.,~ ~'F'} . ~ ~' t ;7 L1 t" } ..-~ ~ f ~' l ~. ~ '~ -~ ; ~ C i ~' ~` r°i' `~- _ Cr? to .~" RICHARD E. WISER, Plaintiff v. LORENA J. WISER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2007-455 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 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Defendant signed an Acceptance Of Service form on February 1, 2007. 3. (Complete either paragraph (a) or (b).} (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff April 27 2007 ; by the defendant A ri127 2007 (b) (1) Date of execution of the plaintiffs 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 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 ofnotice in Section 3301(c) divorce was filed with the Prothonotary: Apri127 2007 Date defendant's waiver of notice in Section 3301(c) divgrge was filed with the Prothonotary: David A. Baric, Esquire Attorney for Plaintiff, Richard E. Wiser C? ~ ~~ ~~ :. 4 ' „~, ~` `~ ~ p ~, ~ 1 N T'H E COU R`T" OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. RICHARD E. WISER, AND NOW, t 1 d~~ 1, , ~~~, IT IS ORDERED AND Plaintiff VERSUS LORENA J. WISER, Defendant N O 2007-455 CIVIL DECREE IN DIVORCE DECREED THAT AND ~ '- _ ~- - , - RICHARD E. WISER LORENA J. WISER ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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 PARTIES MARITAL SETTLEMENT AGREEMENT DATED JANUARY 22, 2007 IS INCORPORATED BUT NOT MERGED HEREIN AS A FINAL ORDER OF COURT. BY THE COURT: ATTEST: J . PROTHONOTARY .~ ~~~ i,,~nIL, cam. I ~ -f ~~ ~o irs ~, ..