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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
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ToTNDI\ To. WTS"RR
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NO. 00-8108
Civjl Term
Plaintiff
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VERSUS
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~ DOUGLAS E. WISER
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Dpfpnnl"lnt:
DECREE IN
DIVORCE
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, IT IS ORDERED AND
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AND NOW,
May
, 2001
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DECREED THAT LINDA L. WISER
, PLAINTIFF,
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DOUGLAS E. WISER
, DEFENDANT,
AND
ARE: DIVORCED FROM THE BONDS OF MATRIMONY.
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THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEE:N RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YE"f BEEN ENTERED;
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The Aqreement dated April 13. 2001 filed in this action is
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ROTHONOTARY
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mIS AGREEMENT
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MADE AND ENTERED INTO this & day of ~ 2001, by and between
DOUGLAS E. WISER, of 1806 Ritner Highway, Shippensburg, Pennsylvania,
hereinafter called "Husband", and LINDA L. WISER, of 13 N. Washington Street,
Shippensburg, Pennsylvania, hereinafter called "Wire",
WHEREAS, Husband and Wife were lawfully joined in marriage on June 10,
1978; and,
WHEREAS, Husband and Wife commenced living separate and apart on or
about June 1, 1999, because the marital relationship became irretrievably broken; and,
WHEREAS, the parties hereto desire to enter into a stipulation and agreement for
equitable distribution of the marital property owned either jointly as tenants by the'
entireties or individually in their own right but including all property which would fall
within the definition of marital property pursuant to the Divorce Code, Section 40 1 (e).
NOW, THEREFORE, WITNESSETH, that for and in consideration of the
premises, mutual covenants and promises hereinafter made, and intending to be legally
bound hereby, Husband and Wife do hereby contract and agree as follows:
1. REPRESENTATION BY COUNSEL: Husband and Wife declare that each
has had a full and fair opportunity to obtain independent legal advice of his or her
selection; that Wife has been independently represented by counsel, Sally J. Winder,
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Esquire, and that Husband, aware of his right to legal representation, has not been
represented by counsel.
2. SEP A RA nON: Husband and Wife may and shall at all times hereafter, live
separate and apart. Each shall be free from all control, restraint, interference or authority,
direct or indirect, by the other in all respects as if he or she were unmarried. Each may
reside at such place or places as he or she may select. Each may for his or her separate
use or benefit conduct, carry on and engage in any business, occupation, profession, or
employment which to him or her may seem advisable. This provision shall not be taken,
however, to be an admission on the part of either Husband or Wife of the lawfulness of
the causes which led to or resulted in the continuation of their living apart. Husband and
Wife shall not molest, harass, disturb, or malign each other or the respective families of
each other or compel or attempt to compel the other to cohabit or dwell by any means or
in any manner whatsoever with him or her.
3. ,REAL ESTATE: Husband and Wife presently have an equitable interest in,
and are in possession ot; a certain tract of real estate situate in South Newton Township,
Cumberland County, Pennsylvania, which address and location is 1806 Ritner Highway,
Shippensburg, Pennsylvania, consisting of the farm property improved with a dwelling
house, barn, and truck garage as well as other improvements jointly owned by Husband
and Wife. Said property is intended to be deeded by Husband and Wife to Husband and
si1all be considered the sole and separate property of Husband. In consideration of this
transfer, Husband shall save and hold harmless WIfe from and on account of all
mortgages, pledges and other financial obligations of any and every nature, costs and fees
incurred on account of or in association with such financial obligations. All machinery
equipment, livestock and crops in the field and harvested are to be the sole and separate
property of Husband free and clear of all claims and encumbrances by Wife. Further,
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Husband and Wife are deed title owners of property and commercial improvements and
equipment located at 11-13 North Washington Street, Shippensburg, Pennsylvania, which
premises Husband and Wife agree shall be deeded to Wife for and in consideration of Wife
saving and holding hannless Husband from and on account of all financial obligations,
mortgages, financing statements, equipment loans and the like. In conjunction with this
transfer, Husband and Wife further acknoledge that they are deed title owners of certain
real estate lying adjacent to the aforesaid laundromat property at 11-13 North Washington
Street, which is referred to as the Grant Martin property which shall also be transferred to
Wife free and clear of any claims or encumbrances by Husband. All other real estate
owned by Husband and Wife as tenants by the entireties shall continue to be held by
Husband and Wife as tenants in common subsequent to the divorce decree being entered.
Husband and Wife acknowledge that Husband isa deed title owner ofa one-half interest
as a tenant in common with Sally J. Winder being the other one-halfinterest owner of
certain real estate and improvements situate at and having an address of701 East King
Street, Shippensburg, Pennsylvania. Husband and Wife acknowledge that Wife is entitled
to one half of Husband's interest in said real estate. At such time as the real estate is sold
or transferred, Husband shall pay over to Wife, one-half of the net proceeds from the sale
of said property. Net proceeds being intended to mean net proceeds accruing to the deed
title owners after payment of all liens, encumbrances, mortgages, taxes, costs of
settlement, and fees incurred in association with sale of the property as part of the contract
for sale of the property.
4. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that
they have prior to the execution of this agreement divided the marital personal property,
including, but without limitation, jewelry, clothes, furniture and other personalty and
hereafter Wife agrees that all of the property in possession of Husband shall be the sole
and separate property of Husband; and, Husband agrees that all property in the
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possession of Wife shall be the sole and separate property of Wife. Each of the parties
does hereby specifically waive, release, renounce and forever abandon whatever claims if
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any, he or she may have with respect to any of the above items which are the sole and
separate property ofthe other.
5. WIDe, .ES: Husband and Wife agree and acknowledge that they are title
owners of various vehicles, other than truck tractors and trailers, used by them for
personal transportation and farm use. These vehicles shall be considered to be the sole and
separate property of the party in possession of each vehicle and each party agrees to
execute any and all document s necessary to accomplish the separate titling of these
vehicles. With respect to the truck tractors and any trailers owned or leased by Husband
and used in his trucking business, Wife waives and forever discharges any claim or
equitable interest she may have now or in the future and acknowledges that these vehicles
shall be considered the sole and separate property of Husband.
6. It is agreed and understood between Husband and Wife that Wife shall waive
any claim to alimony, alimony pendente lite, and counsel fees to which she may be entitled
under the Divorce Code.
7. MUTUAl, ESTATE WAIVER: Husband and Wife each do hereby
mutually remise, release, quitclaim and forever discharge the other of the estate of each
other, for all time to come, and for all purposes whatsoever, of and from any and all rights,
titles and interest, or claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of such other, of whatever
nature and wheresoever situate, which he or she now has or at any time hereafter may
have against such other, the estate of such other or any part hereof, whether arising out of
any former acts, contracts, engagements or liabilities of such other or by way of dower or
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curtesy or widow's or widower's rights, family exemption or similar allowance, or under
the intestate laws, or the right to take against the spouse' s will, or the right to treat a
lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse
to participate in a deceased spouse's estate, whether arising under the laws of (a)
Pennsylvania, (b) any state, Commonwealth or tenitory in the United States, or (c) any
other country, or any rights which Wife may have or at any time hereafter have or have
for past, present or future support or maintenance, alimony, alimony pendente lite, counsel
fees, costs or expenses, whether arising as a result of the marital relation or otherwise,
except, and only except, all rights and agreements, and obligations of whatsoever nature
arising or which may arise under this agreement or for the breach of any thereof. It is the
intention of Husband and Wife to give to each other by the execution of the agreement a
full, complete and general release with respect to any and all property of any kind or
nature, real, personal or mixed, which the other now owns or may hereafter acquire,
except and only except all rights and agreements and obligations of whatsoever nature
arising or which may arise under this agreement or for the breach of any thereof, subject,
however to the implementation and satisfaction of the conditions precedent as set forth
herein above.
8. This agreement shall, except as otherwise provided herein, be binding upon and
inure to the benefit of the parties hereto, their respective heirs, executors, administrators,
successors or assigns.
9. Husband and Wife do hereby covenant and warrant that this agreement
contains all of the representations, promises and agreements made by either of them to the
other for ,the purposes set forth in the preamble; that there are no claims, promises or
representations not herein contained, either oral or written, which shall or may be charged
or enforced or enforceable unless reduced to writing and signed by both of the parties; and
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the waiver of any term, condition, clause or provision of this agreement shall in no way be
deemed to be considered a waiver of any other terms, conditions, clauses or provisions of
this agreement.
10. This agreement shall remain in full force and effect unless and until terminated
under and pursuant to the terms of this agreement. The failure of either party to insist
upon strict performance of any of the provisions of this agreement shall not be construed
as a waiver of any subsequent default of the same or similar nature.
11. If any term, condition, clause or provision of this agreement shall be
detennined or declared to be void or invalid or otherwise, then only that term, condition,
clause or provision shall be valid and continue in full force, effect and operation.
Likewise, the failure of any party to meet her or his obligations under anyone or more of
the paragraphs, with the exception of the satisfaction of the conditions precedent, shall in
no way avoid or alter the remaining obligations of the parties.
12. This agreement shall be construed in accordance with the laws of the
Commonwealth of Pennsylvania.
13. If either party breaches any provision of this Agreement, the other party shall
have the right, at his or her election, to sue in law or in equity, to enforce such rights and
remedies which the party may have, and the party breaching this Agreement shall be
responsible for the reasonable legal fees and costs incurred by the other in enforcing his or
her rights under this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the
day and year first above written. This agreement is executed in duplicate and in
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counterparts, and Husband and Wife, as parties hereto, acknowledge the receipt of a duly
executed copy hereof.
Witness:
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DO LAS E. WISER
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LINDA L. WISER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
vs
CIVIL ACTION - LAW
DOUGLAS E. WISER,
NUMBER: _00_-8108 CIVIL TERM
IN DIVORCE
Defendant
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 S3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: U. S. Mail, mailed on November 17,
2000. Complaint accepted for service per the attached and filed Acceptance of Service verified by
the Defendant as being served on November 22, 2000.
3. Date of execution ofthe affidavit of consent required by S3301(c) of the Divorce Code:
by Plaintiff 04/12/0 1; by Defendant 04/13/01.
4. Related claims pending: ~.
5. Date Plaintiff's Waiver of Notice in S3301(c) Divorce was filed with the Prothonotary:
ill
C1JI/~01.
Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: ofit 2-!0 1.
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Sally J. inder, sqnire
701 East King Street, Shippensburg PA 17257
(717) 532 - 9476
Attorney for Plaintiff
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LINDA L. WISER,
: IN 1'HECOORTOF COMMON PLEA"S OF
:CUMBERLANDCOUNTY,PENNSYL VANIA
Plaintiff
VI
: CIVIL ACTION -LAW
:
DOUGLAS E. WISER,
. NUMBER: tJ)- S({)r
CIVIL TERM
: IN-'-DIVOR.CE
DefeIldant
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NOTICE TO DEFEND AND CLAIM mOOTS
You have been sued in court. If you wish to defllnd 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 divorgeorannulment maybe 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 importantto 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 intheOll'iceofthe
,Prothonotary at the Cumberland County Courthouse, One South Hanover Street, Carlisle.
PelUl$ylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY,&lVISlON OFPROPER'fY,
LAWYER'S,FEES'OREXPENSESBEFOREADIVORCE,OR ANNULMENT IS
GRANTED, YOU MAY LOSETBE RIGHT TO CLAIM ANY OF TImM.
YOU SHOULD TAKE TDISPAPERTOYOUR LAWYER AT ONCE. IF YOU DO NOT
, HAVE ALAWYERORCANNOT AFFORD ONE, ,GO TOOR'fELEPHONE mE
OFFICE SET FOa'fH BEWWTOFINDQ1JTWBREYOUCAN GET LEGAL HELP.
CUMBERLANDeoUNTYBAR ASSOCIATION
2 UBERTY AVENUE
CARLl~tE PA 11013
(7tt)U9- JI66
filL ~l~ -
Sally J. W~,Esquire
Atto~ forJlliPfttitT,LtNDA L. WISER
71)1 East KingStreet
Shippenshnrg PA 17257
(71"7) 532 -9476
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LINDA LWlSER,
: 1NmECOURTOFC6MMON PLEAS OF
'CUMBE.RLANDCOUNTY,PENNSYL VANIA
Plaintiff
v.
~CIVlLACTlON -LAW
: NUMBER: (}1J - '110 F
DOUGLAS E. WISER,
CIVIL TERM
:
IN DIVORCE
Defendant :
COMPLAINT IN DIVORCE
COMES NOW, the Plaintiff,LlNDA L. WISER, by and through her counsel, Sally J.
Winder, Esquire, and represents as follows:
1. Plaintitfis LfNDALWISER, who currently resides at,and whose ml1iling address is,
13 North Washington Street, Shippensburg,Cumberland County, PelUlsylvania, since June 01,
1999.
2. Defendant is DOUGLAS E.WISER, who currently resides at, and whose mailing
address is, 1806 Ritner Highway, Smppensburg, Cumberland County, Pennsylvania, since June
1985.
3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing oftms Complaint.
4. The Plaintiff and Defendant were married on June 10, 1978 at Newville, Cumberland
County, PelUlsy1vania.
5. There have been no prior actions of divorce or for annulment between the parties.
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6. The marriage is irretrievably broken.
7. Plaintiff avers that she has, been advised of the availability of counseling sessions for
both parties upon request of either party or by order of coun,and that a list of qualified
professionals who provide such counseling service is available at the Domestic Relations Office
upon request. By the filing of this Complaint, the Plaintiff acknowledges having been advised by
her attomeyofrecord oftheavaillibility of counseling sessions and of a list of qualified
professionals. Plaintiff further avers that she has been advised that the choice of a qualified
professional shall be at the option of the Plaintiff and Defendant and need not be selected from the
list availa.ble upon request and, further, that arrangements for and the payment of the services of
the qualified professional shall be the responsibility of the parties and will not be included in the
docket costs of this proceeding.
8. Plaintiff requests the Court to enter a decree of divorce.
Gila ~! )J~
Sally J. ~,Esquire
Attomeyfor Plamtift',LJNDAL. WISER
701 East King Street
Shipp,eDsburg P A 17257
(717) 532 ~ 9476
Date:~
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VERJFlCATION
I verify that the statements made in this complaint are true and correct to the best of my
personal knowledge and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C. S. Section 4904, relating t unsworn falsificatioo to authorities.
Date: \ D - 3D - tJ 0
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LINDA L. WISER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
vs
CIVIL ACTION - LAW
DOUGLAS E. WISER,
NUMBER:
CIVIL TERM
IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
November 16, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing 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 herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to
unsworn falsification to authorities.
Date: <J jpjul
t/l J( J~~L~~,
LINDAL. WISER
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LINDA L. WISER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs
CIVIL ACTION - LAW
NUMBER:
CIVIL TERM
DOUGLAS E. WISER,
IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
November 16, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing 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 herein are made subject to the penalties of 18 Pa. C. S. section 4904 relating to
unsworn falsification to authorities.
Date: L/ hi D/
{ f
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DOU AS E. WISER
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LINDA L. WISER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs
CIVIL ACTION - LAW
DOUGLAS E. WISER,
NUMBER: _00_-8108_ CIVIL TERM
IN DIVORCE
Defendant
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! 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
faIse statements herein are made subject to the penalties of 18 Pa. C. S. section 4904 relating to
unsworn falsification to authorities.
Date: 4 J 1;;>.1 D I
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LINDA L. WISER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs
CIVIL ACTION - LAW
DOUGLAS E. WISER,
NUMBER: _00_-8108_ CIVIL TERM
IN DIVORCE
Defendant
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 herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to
unsworn falsification to authorities.
Date: '-I 113 J () I
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DOU~ E. WISER
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LINDA L. WISER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs
CIVIL ACTION - LAW
NUMBER: {JO - 'i' I O~ CIVIL TERM
DOUGLAS E. WISER,
IN DIVORCE
Defendant
ACCEPTANCE OF SERVICE
I, Douglas E. Wiser, do acknowledge that I have received a true and correct copy of the
Complaint in Divorce and Notice to Defend and Claim Rights in the above-captioned divorce and
accept the service thereof on IVov. 2.d-- , 2000.
I verifY that the statements made in this Acceptance of Service 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: / I ~ ;;;2- 00
4#,e(d~
Douglas . Wiser
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