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Home My WebLink About09-2358CAROL L. WISER, Plaintiff, v. TODD E. WISER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2009 - ~ 3~ g' IN DIVORCE CIVIL TERM NOTICE 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 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. CAROL L. WISER, Plaintiff, v. TODD E. WISER, Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION -LAW 2009 - ~. 3~Sff CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO 'IONS 3301 AND ~D OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Carol L. Wiser, by and through her attorneys, Irwin, & McKnight, P.C., and files this Complaint in Divorce against the Defendant, Todd E. Wiser, representing as follows: 1. The Plaintiff is Carol L. Wiser, an adult individual residing at 501 Roxbury Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Todd E. Wiser, an adult individual currently residing at 2221 Orchard Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on March 15, 1992 in Oakville, Westmoreland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. 8. 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 submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT, P.C. Dated: April 14, 2009 By: Marcu . Mc g t, III, Esquire Supreme Court I.D. No. 25476 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CAROL L.WISER, Plaintiff, v. TODD E. WISER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2009 - CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: April 14, 2009 CAROL L. WISER VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. CAROL L. WISER Date: April 14, 2009 1Q49 AFR 14 Pik Z~ 4 --,~ `~~ cK~3~b~ ~~ ~~,..a 3 ~ ~-3 1 CAROL L. WISER, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2009 - 2358 CIVIL TERM TODD E. WISER, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. RC.P. RULE NO.1920.4 (a)(1)(il COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Todd E. Wiser, on April 16, 2009, by certified, restricted delivery mail, addressed to him at 2221 Orchard Road, Camp Hill, Pennsylvania 17011, with Return Receipt Number 7003 3110 0004 5768. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit a true and correct. I understand that false statements herein made are subject to the penalti 18 Pa. . S. section 4904, relating to unsworn falsification to authorities. ~ / ..--~ Date: April 17, 2009 On this, the 17th of April 2009, before me, the underst icer, personally appeared Marcus A. McKnight, III, Esq., known to me to be the person whose name is subscribed to the above instrument and acknowledge that he executed same for the purposes therein contai d. ~ ~ (~ COMMONWEALTH OF PENNSYLVANIA CT-r.'~ Notarial 8eai Not r'Y Public Marths 1. NoN, Notary Public Carliafa Coro, Cumberland C 8 X11 _ My Commission Expiros ~. Member; Pennsylvanle Asieeeiefien of Notaries -. o- ~ '~ .. ~ ~~~ r` ~r, ~, s ~ ° ceronsa ~ ° (EndonsmmsM Rigttlrod) ° Reetrk~d DslNery Fee ~ (Endorsement Required) m Total Postage & Fees $ m ° MR TODD E WISER r~ ~~f'NARD RO y ~ ~. .59 > o N uNrr~ ~. ~- ° s~ ~~Q p~v 9~ ~~ KQ ~ v 1, O N `,~ N~~ (~ ~ > ~.~ 1 ~~0.1 I A ~ • o ----------•--•- o o a- ------- ~ ~ n ~ ~ r Complete items 1, 2. and 3. Also con>plete item 4 if Restricted f~ivery Is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this csird to the bade of the mailpiece, or ~ the front ff space permits. 1. Artk:le Addressed to: MR TODD E WISER 2221 ORCHARD ROAD CAMP HILL PA 17011 y1 `~ ^ Addressee B. (Prvxtsd Name) H,_pa~of Delivery r - - `~~- o. ~ deuuery add~aes dgterenc tee 7 ~ ~ K YES, enter deilvery addn39 dow: ^ ~ ~~~~ 3. Service Type ® CerNdad Mau O Express Mau a Ae~red ~ ~ ~ D meur.d MaN o c,o.o. t~ 2. Amide Number' 7 p p 3 311 X 0 0 0 4 5 7 6 8 116 9 PS Form 3811, FebnMry 2x04 DarraMb t~l;lue~n ~br tailsss•o2--e-tsao 2x09 ASH 17 Pal ~~ 59 i-'c; l~„~! ,;,~ u,n;