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Home My WebLink About07-5421 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA L. WISE, Plaintiff vs. KEVIN L. WISE, Defendant CIVIL ACTION -LAW CASE NO. d~' ~ s~~ 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 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, 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 • .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA L. WISE, Plaintiff vs. KEVIN L. WISE, Defendant CIVIL ACTION -LAW CASE NO. d~' Sy~~ IN DIVORCE COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE AND NOW, this 22°d day of August, 2007, comes Melissas L. Wise, by and through her attorney, Joseph D. Buckley, and avers the following: 1. Plaintiff is Melissa L. Wise, who currently resides at 90 Salem Church Road, Lot 304, Mechanicsburg, Cumberland County, PA 17050. 2. Defendant is Kevin L. Wise, who currently resides at 1306 High Street, Boiling Springs, Cumberland, PA 17007. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 18, 1993, in Camp Hill, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant separated in March 2001 and have been living separate and apart since that time. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the Court require the parties to participate in marriage counseling. 8. Venue is proper in this Court pursuant to Rule 1920.2(a)(2). 9. Neither Plaintiff nor Defendant are members of the Armed Forces of the United . -,. States. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. ~a:h .Buckley, I~uire Attorney for Plaintiff Supreme Court ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw n,aol.com < ~ -. VERIFICATION I, Melissa L. Wise, verify that the statements made in this Complaint aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 22, 2007 ~ Melissa L. Wise, Plaintiff ~~ `,(~ ~~-! ('\ F ~, '~s? ~~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA L. WISE, CIVIL ACTION -LAW Plaintiff vs. CASE NO. ~j '~- S ~/~~ C%vic TP.k~ KEVIN L. WISE, Defendant IN DIVORCE TO: Kevin L. Wise 1306 High Street Boiling Springs, PA 17007 NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER AFFIDAVIT WITH IN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 330I(d) OF THE DIVORCE CODE 1. The parties to this action separated in March, 2001 and have continued to live separate and apart for a period of more than two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made in this affidavit aze true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date Melissa L. Wise, Plaintiff c» =- N _' yC ~ 0 MELISSA L. WISE, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW NO. 07-05421 CIVIL TERM KEVIN L. WISE, IN DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Complaint in the above mentioned case was duly served on the following person at the following address by means of United States First Class Certified Mai1 7007 0220 0002 2528 2414 (Return receipt requested): Kevin L Wise 1306 High Street Boiling Springs, PA 17007 As evidenced by the attached letter, U.S. Postal Form 3800, and Return Receipt Card Form 3811. Date: 9- 2~-~7 ID# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Kevin L. Wise 1306 High Street Boning Springs, PA 17007 A. Sig re ~ ~ ^ Agent X ~~/ ' " ~ a `~ Addressee f B. Rec ived by (Printed ~~ '~ Q~te of Delivery :~ D. Is delivery address d~fro 'f? ^ Yes If YES, enter deliveryr ~. , ss belows ^ No 3. Service Type Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7(707 022Q QQQ2 252$ 24],4 (Transfer from service label) ~ ..~ PS Form 3~~ ~ ,February 2004 Domestic Return Receipi 102595.02-M-1540 r-i ~ , r fYJ ~ _ - ~ __._. PoSt l T __ ~ Y" ~l _ ... W....._._...J 'l"1- ~ ~ y ~~_--~_ Certified Fee ~ fll Q Return Receipt Fee _-_..--- ~ -- .___. $;., ~.~ I Postmark: Merg` ,_' ` ~ (Endorsement Required) ! t C7 Restricted Delivery Fee #~i1,Cllj ~ (Endorsement Required) ~ , _,,, ~..r' Q - `{ ~1 ~'~- Qgr`17 '"~-"~ ~ Total Postage & Fees $ ~ ~4 ° O ~- ent To i~ ~ v ~ l b~%; ~ ~ ~ , O ~ P or PO Box No. °°.-- J -- , c / 1 ~ ~ t^ ~ ~ ~ { ~ - - ------•--------o, ~ Cit ,State, ZlP+4 hJ r ! (1 ~ F f i ~ 1 ~~ ~1 y-/~ `~ ~ f ~/ J ill '. I.~i .r.,., - • ., s ' TELEPHONE (717) 249-2448 Kevin L. Wise 1306 High Street Boiling Springs, PA 17007 Re: Wise v. Wise Divorce Dear Mr. Wise: JoeBLaw@aol.com September 12, 2007 FAX (717) 249-4103 This office represents your wife, Melissa, in the above mentioned matter. It is my understanding that you have lived apart for over six (6) years. Enclosed please find a copy of the Complaint filed in the Cumberland County Court. Please contact our office or have your attorney contact our office regarding the settlement of a property including equitable division of pensions and the like. If you have any questions, please call our office. Thank you. Very sincerely yours, JDB/clb Enclosures cc: Melissa L. Wise THE LAW OFFICES OF JOSEPH D. BUCKLEY 1237 HOLLY PIKE CARLISLE, PA 17013 Joseph D. Buckley, Esquire /' rr: SENT CERTIFIED MAIL 7007 0220 0002 2528 2414 (Return receipt requested) MELISSA L. WISE, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW NO. 07-05421 CIVIL TERM KEVIN L. WISE, IN DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Affidavit Under Section 3301(d) of the Divorce Code in the above mentioned case was duly served on the following person at the following address by means of United States First Class Certified Mail 7007 0220 0002 2528 2421 (Return receipt requested): Kevin L Wise 1306 High Street Boiling Springs, PA 17007 As evidenced by the attached letter, U.S. Postal Form 3800, and Return Receipt Card Form 3811. Date: ~ ,, ~i~J Jo .Buckley, )"squir Attorney of the Defendant ID# 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 JoeBLaw@aol.com ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the cans to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~RN1 B. R eived by (Pri ted - or•~®nvery use ? ~- D. Is delivery address d' ~ ifr;rtf 1? ~ s ' If YES, enter delivery add 1. ~ ""~ ~o ~. Kevin L. Wise I h Street -1306 Ni g Boiiing Springs, PA 17007 s. service Type Certified Mail ^ Express Mail ^ Registered ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (F~ttra Fee) ^ Yes 2. Article Number 7pp? (Transfer from service la! p222 aaa2 2528 2421 - PS Form 3811, February 2004 Domestic Return Receipt r•~ I• • • • -•' • • •• ~" - ~ u7 Postage W ~ f!1 ---- Ili Certifies Fee ~ ~ ~ ___._ ' [~ Return Receipt Fee "~ ~ 1'ostm~k JJJ ' 'H J O (Endorsement Required) er '', `~ ' ~ ! ~ Restricted Delivery Fee ~ A ~` J " O (Endorsement Required) t = _ ,,.. ~ Total Postage & Fees O ~ Senr To ~ L. V~ f Y~ ~ . ~~ i ~ iv ~ O 0 - - --------------- Street, Apt. No i• or PO Box No ~ 3 /~ ---°------ ---- i ~. ` ---- __---------°------.-_------ "-" ~ ~r ~ Ctry, Staie, ZlP+4 ~~ ~J i l , 1 ~ ~ \~ ` / ~ ~ 1 c V ~ ~/~ ~ .., ~r r' vI 1:1 . '' v ~~ vR.. `~.~~ 1~~c 102595-02-M-1540 _, _._ , ; _ i'3 THE LAW OFFICES OF JOSEPH D. BUCKLEY 1237 HOLLY PIKE CARLISLE, PA 17013 TELEPHONE (717) 249-2448 JoeBLaw@aol.com FAX (717) 249-4103 September 12, 2007 Kevin L. Wise 1306 High Street Boiling Springs, PA 17007 Re: Wise v. Wise Divorce Dear Mr. Wise: Enclosed please find an Affidavit Under Section 3301(d) of the Divorce Code filed in the Cumberland County Court. If you wish to deny any of the statements set forth in this affidavit, you must file a counter affidavit with in twenty days after this affidavit has been served on you or the statements will be admitted. If you have any questions, please call our office. Thank you. Very sincerely yours, ~~ Joseph D. Buckley, Esquire JDB/clb Enclosures cc: Melissa L. Wise ~, SENT CERTIFIED MAIL 7007 0220 0002 2528 2421 (Return receipt requested) MELISSA L. WISE, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v• :CIVIL ACTION -LAW NO. 07-05421 CIVIL TERM KEVIN L. WISE, IN DIVORCE Defendant PLAINTIFF' S AND DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO .~ REQUEST ENTRY OF DIVORCE DECREE BEING FILED 1. A Complaint in Divorce under Section 3301(d) of the Divorce Code was filed on September 12, 2007 filed in the above-captioned action. 2. On September 15, 2007, Plaintiff served her affidavit as required by the act verifying she and the Defendant, had lived separate and apart for a period of more than two (2) years. 3. The marriage of Plaintiff and Defendant is irretrievably broken, and at least ninety days have elapsed from the date of filing the Complaint, the service of the same and service of the required affidavit. 4. We consent to the entry of a final decree of divorce by the Court of Common Pleas of Cumberland County, Pennsylvania. 5. We understand that we may lose our rights concerning alimony, division of property, lawyer's fees or expenses if we do not claim them before a divorce is granted. 6. Defendant hereby swears that he was served with a true and correct copy of the Complaint, Notice to Defend and Claim Rights and Notice of Availability of Counseling on September 15, 2007, by United States First Class Certified Mai1 7007 0220 0002 2528 2414, and was served a true and correct copy of the Affidavit on September 15, 2007, by United States First Class Certified Mail 7007 0220 0002 2528 2421. 7. Both Plaintiff and Defendant waive the requirement that a Notice of Intention to Request Entry of Divorce Decree be filed in this matter and pray the Court enter a decree divorcing Plaintiff from Defendant. I, MELISSA L. WISE, verify that the statements made in this Plaintiff's and Defendant's Waiver of Notice of Intention to Request Entry of Divorce Decree Being Filed 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: ~ ~ ~" - ~~ . ~ 2/~-r .._--~ ~ ~-~.a--°- Melissa L. Wise, Plaintiff I, KEVIN L. WISE, verify that the statements made in this Plaintiff's and Defendant's Waiver of Notice of Intention to Request Entry of Divorce Decree Being Filed 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 ^ ~ ~ ~ C, ~ ~ZtO~~vC Kevin L. Wise, Defendant ~"` ~= ~ ~ r .~ ~ ~'z ,r ..1 ~ ~` ~ "~ ~ ~ ~.7 .~, ..,I ~ __ ~w MELISSA L. WISE, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW NO. 07-05421 CIVIL TERM KEVIN L. WISE, 1N DIVORCE Defendant PRAECIPE TO TRANSMIT THE RECORD 1. Grounds for divorce: Section 3301(c) of the divorce Code X Section 3301(d) of the Divorce Code 2. (a) Date complaint filed: September 12, 2007 (b) Date of Service of the complaint: September 15, 2007 (c) If service 30 days after date of filing, date complaint reinstated: N.A. (d) Manner of service of the complaint: X Certified mail, restricted delivery to and return receipt signed by defendant. _ First-class mail -not returned, certified mail refused, 15 days have elapsed Date of mailing Date certified mail refused Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) Acceptance of service (copy attached) By publication pursuant to Order of Court (Copy of Order attached) _.~. a 3. (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: Plaintiff Defendant Date of filing: Plaintiff Defendant (b) Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: Date of execution: September 12, 2007 Date of service upon defendant: September 15, 2007 4. Related claims pending: NONE 5. (a) Date of service of the notice of intention to request entry of divorce decree, copy of which is attached: Manner of service of notice of intention: Certified mail First-class mail Personal service Acceptance of service Publication pursuant to Order of Court Other (b) Date waiver of notice of intention to request entry of divorce decree was filed with the Prothonotary: By Plaintiff: February 7, 2008 By Defendant: February 7, 2008 6. Date: Supreme Court ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 ~ ~. rya ~ C~ ~ -,-~ ~ -,~ $~= ^ w r~' :y ~ ~ -r.~ r-: ' - ° .. ~, ' C 7 ;~. £~ -' C_ CC 3 ~ t'f i "~ ~.-~ . ...` t~J ,d>- -~ I N THE COURT OF COMMON PLEAS 2007 MELISSA L. WISE Plaintiff VERSUS KEVIN L. WISE Defendant NO. 05421 DECREE IN DIVORCE AND NOW, "' 2008 IT 1S ORDERED AND OF CUMBERLAND COUNTY STATE OF PENNA. :~:: DECREED THAT AND MELISSA L. WISE KEVIN L. WISE 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 BE~N,ENTERED; BY THE ~IJURT: ATTEST: J . PROTHONOTARY -.~ ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MELISSA L. WISE, Plaintiff vs. KEVIN L. WISE, Defendant CIVIL ACTION -LAW CASE NO. 07-05421 IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce on the 11 `~' day of February, 2008 from the Court of Common Pleas of Cumberland County, Pennsylvania, at Case No. 07-05421 hereby intends to resume and hereafter use the previous name of MELISSA L. KEARSE and gives this written notice of avowing her intention in accordance with the provisions of 54 Pa CS Section 704. Date: 2 ~ i ~- o g' ~ .~.. ~ f' ~,,~ Melissa L. Wise, Petitioner TO BE KNOWN AS: ~ ~~- Melissa L. Kearse COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss ~,~% Before me, a notary public, this ~y day of ~r -c l%' `~~~~j/ , 2008, personally appeared MELISSA L. WISE, known to me (or satisfactorily prcf4en) to be the person whose name is subscribed to the within Notice of Intention to Resume Prior Name and acknowledged that she executed the same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set m~ hand and official seal. NovU~u. sEA~ KAREN KAY BUCKLEY Notary Pub11C 90UIli 11~fP, q COVNN My Commtsalon Explrea Jun 23, 2009 t"' ra:~ ~. Y 14-~., ~ eT7 ~~ ~~. fneu V O ... 4 * ~~.3 ~~~` a~71}~~ S ~~ s A ...~. ~ J V ..C,. T V a ... . - . ~_ rw^. n Y ~'~g ~~ ..•:.. ,~~ L_.-- ~ ~..ywj~ V -... <~r^