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HomeMy WebLinkAbout10-0421r ' MARIA D. WISER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA n d VS. : NO. C- '- i z;° - ? ? m CIVIL ACTION -LAW r CALVVIN E. WISER, '_' Defendant : IN DIVORCE ,_ _ o f tr NOTICE TO DEFEND AND CLAIM RIGHTS -?- c, YOU HAVE BEEN SUED IN COURT. If you wish to defend against the C4.ms?t 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 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, Carlisle, Pennsylvania. 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 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 3 06 (717) 249-3166 C0?titS p? a ff? 1-170. 5-0 /07( ,eta-36yS-6 MARIA D. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. C N CALVIN E. WISER, : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNTI COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Maria D. Wiser, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Maria D. Wiser, who is an adult individual who currently resides at 316 Walnut Street, Shippensburg, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Calvvin E. Wiser, an adult individual who currently resides at 402 South Penn Street, Shippensburg, Cumberland County, Pennsylvania 17007. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on May 19, 1990, in Shippensburg, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Defendant has a history of anger problems, and Defendant's actions, including a recent incident where there was some physical contact initiated by Defendant against Plaintiff, precipitated Plaintiff s decision to remove herself from the marital home in order to help insure her personal safety. 9. Plaintiff fears for her safety at the hands of Defendant if they both were to remain under the same roof. 10. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 11. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT II CLAIM FORE UITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 12. Paragraphs 1 through 11 above are incorporated herein by reference. 13. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; e. For such further relief as the Court may determine equitable and just. COUNT III CLAIM FOR ALIMONY PENDENTE LITE ALIMONY AND ATTORNEYS FEES 15. Paragraphs 1 through 14 above are incorporated herein by reference. 16. Plaintiff is unable to sustain herself during the course of litigation. 17. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 18. Defendant has the means and ability to pay Alimony Pendente Lite, Alimony and Attorneys Fees to Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of alimony pendente lite until a final hearing and thereupon to enter an Order of alimony in favor of Plaintiff. Respectfully submitted, W- By: Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff Dated g 10 VERIFICATION I, Maria D. Wiser, verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: Maria D. Wiser MARIA D. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 10-421 CALVIN E. WISER, : CIVIL ACTION - LAW C- Defendant : IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LICE ' z - °r2 AND NOW comes Plaintiff, Maria D. Wiser, by and through her counsel, M*k ti Mateya, Esquire, and in support avers the following: LO f L/ -'o Maria Wiser is an adult individual, presently residing at 316 Walnut Street, Shippensburg, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Calvin E. Wiser, an adult individual who currently resides at the marital property, 402 South Penn Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 4. Plaintiff filed a Complaint in Divorce which included a count for Alimony Pendente Lite on January 10, 2010. Plaintiff requires alimony pendent lite in order to prosecute this action and to maintain herself during the pendency of this litigation. WHEREFORE, Plaintiff is in need of alimony pendent lite in order to sustain herself and to meet her financial obligations during the pendency of this divorce action. Respectfully submitted, jk- ?' Mark A. Mateya Esquire Attorney ID No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 (717) 241-3099 Fax Counsel for Plaintiff Date: -z- /-ZZ//6 VERIFICATION I, Maria D. Wiser, verify that the facts set forth in the foregoing Petition for Alimony Pendente Lite are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: 22 (b ' Maria D. Wiser CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Calvin E Wiser 402 South Penn Street Shippensburg PA 17257 J? Mark A. Mateya, Es ire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Dated: 2 Z 0 MARIA D. WISER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA N C=+ J VS. : NO. 10- tfo'd a CALVIN E. WISER, : CIVIL ACTION - LAW r Defendant : IN DIVORCE c? w AFFIDAVIT OF SERVICE AND NOW, this 5th day of February 2010, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce was filed to the above term and number on January 10, 2010. 2. On February 2, 2010, a certified copy of the Complaint for Divorce was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. See the Receipt attached hereto as Exhibit "A" and incorporated herein by reference. 3. On February 2, 2010, a certified copy of the Complaint for Divorce was sent to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. 4. On or about February 8, counsel for Plaintiff received the delivery card back for the Certified Mail indicating that the Defendant received the Certified Mail on or about February 4, 2010. The Receipt for the Certified Mail is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, Mark A. Mateya, Esq re Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff ?11 (Domestic I I nsurance Coverage Provi ded) r- -0 ' For delivery information visit our websi te at www.usps.co m , 7x1Jvf""r A L . C3 ...D ..D Postage $ ^? U ? rR CerfifiedFee $2•$0 [ l 03 f O r-_ p C3 Return Receipt Fee (Endorsement Required) $2.30 r Here tr 0 Restricted Delivery Fee $4 50 ?NI b dry (Endorsement Required) . O CO Total Postage & Fees $ $10.21 02/02/2010 ru CO 'anr UA LYIN C3 §ii ApC71i-; ---------------------------------------------------------- ----------- C3 or PO Box No. i4o '? (? ?' I r" --- ------------- - -n--? ? °Q= ----°?1!.q ?/ h UySYete.ZIP+% IPf G?V/,5.8klT Ate"- (O)_115'rl - ¦ Complete items 1, 2, and 3. Also complete Rem 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: CAk v11? W /sE,e , o,? 50 U7-,4 ASV v ST A. B. Receiyed by ( Printed Name) D. Is delivery address different from item 11 ? Yes If YES, enter delivery address below: ? No 3. Servlce Type XCertitteed Mail ? Express Mail ? Registered ? Return Receipt for Merchandbe ? insured Mau ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7008 2 810 0001 1660 1676 (liarrsfer from servke label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT EA U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: AT?/i4 +4 !,c) fYI Pd ,Box /A7 ?BojL)A`6? i5AE vas 10A 117007 One piece of ordinary mail addressed to: CAL l /rV /I 1--5K 40A 6500-7l PZVV 6-T- ?1?iPP,??s?°u?e 6- ?A l'1?57 PS Form 3817, Mar. 1989 EXHIBIT 8C D ? N ? M a .? i I1 a? O -n r? C o rn .+ 0 mco s' N W+ QCD- rJ D? _j --1 v77 Vl L rl ?. W m ;7 7> ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania 546111545 OOriginal Order/Notice CO./City/Dlst. Of CUMBERLAND 10-421 CIVIL OAmended Order/Notice Date of Order/Notice 05/07/10 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: WISER, CALVIN E. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, Mp 190-42-9436 Employee/Obligor's Social Security Number OFFICE OF UNEMPLOYMENT INSURAN 4737102210 C/O DEPT OF LABOR LICENSING EmployeelObligor's Case Identifier PO BOX 1715 3 (See Addendum for plaintiff names BALTIMORE MD 212 9 7 - 015 5 associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. oo per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? ®yes ~ no $ o. oo per month in current medical support $ o . oo per month in past-due medical support $ 534 .00 per month in current spousal supportu~- $ i6. oo per month in past-due spousal support C q $ o . o o per month for genetic test costs ~ C ~ _...t $ o . oo per month in other (specify) --< $ one-time lump sum payment 1`,-:. ._.. :-r~r? ~c j.- -,,.t ,~_1 ~.. for a total of $ 550.00 per month to be forwarded to payee below. 3 -~ ~ ..,~~~ You do not have to vary your pay cycle to be incompliance with the support order. If your pay cyc~ees ~t m~t~h~' the ordered support payment cycle, use the following to determine how much to withhold: ,.` Lr; x~ $ er weekl a eriod. y p y p "~ 126.92 P Y P Y P $ 27s . oo per semimonthl a erg (twice a month) $_ 25.85 per biweekly pay period (every two weeks) $ 550.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic aayment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR CIAL ECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: ~,_~ (~ ~~~ ` 3 ~ G ~ gs oy ~r, r., u DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMBNo.:0970-0154 Worker ID $oINC ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If checked you are required. to provide a copy of this form to your em loyee. If your employee works in a state that is different rom the state that issued this order, a copy must be providedpto your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 4997100126 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : D THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~ EMPLOYEE'S/OBLIGOR'S NAME:WISER, CALVIN E. EMPLOYEE'S CASE IDENTIFIER: 4737102210 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: NEW EMPLOYER'S NAME/ADDRESS: FINAL PAYMENT AMOUNT 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligorfrnm employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (1 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 1 . Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service T e M none No.: o9~ao,sa Yp Worker ID $olNc ~ r ADDENDUM Summarv of Cases on Attachment Defendant/Obligor: WISER, CALVIN E. PACSES Case Number 546111545 PACSES Case Number Plaintiff Name Plaintiff Name MARIA D. WISER Docket Attachment Amount Docket Attachment Amount 10-421 CIVIL $ 550.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ o.oo $ o.oo Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ o.oo $ o.oo Child(ren)'s Name(s): DOB Child(reN's Name(s): DOB Addendum Form EN-028 Rev.S Service Type M oMe No.: o9~aoisa Worker I D $oINC 1, MARIA D. WISER, IN THE COURT OF COMMON PLEAS OF Plaint ff/Petitioner :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION ~-, ~ `Yr - ~ t, CALVIN E. WISER PACSES NO. 546111545 ~''~ ` - =~' Defen ant/Respondent :DOCKET NO. 10-421 CIVIL TER1~rI , ~ w --, ---, -' - -r, _ . INTERIM ORDER OF COURT - -f- .,~ }~ :~ ~'~ AND NOW, his ~ day of July, 2010, upon consideration of the Support r Master's Report and ecommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decre d as follows: A. For the perio of February 22, 2010 through March 11, 2010 the Husband shall pay to the Pennsylv is State Collection and Disbursement Unit as alimony pendente lite the sum of $931. 0 per month. B. Effective M ch 12, 2010, the Husband shall pay to the Pennsylvania State Collection and Disburse ent Unit the sum of $364.00 per month as alimony pendente lite. C. The Husband shall pay to the Pennsylvania State Collection and Disbursement Unit the additions sum of $16.00 per month on arrears. D. Either party ay file a petition for modification after the expiration of 90 days from the date of th s order. IMPORTANT LEGAL NOTICE PARTIES N RELATIONS SEC' MATERIAL CHAN SUPPORT OR TH BUT NOT LIMITE[ CHANGE OF PER RECEIVING SUPF MATERIAL CHAN OF COURT, AND PENNSYLV BE REVIEWED AZ REQUESTED BY t REVIEW AND AD,, FOLLOWING: CAI WANTS TO MODII UST WITHIN SEVEN DAYS INFORM THE DOMESTIC 'ION AND THE OTHER PARTIES, IN WRITING, OF ANY 3E IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF .ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND 30NAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD ORT. A PARTY WHO WILLFULLY FAILS TO REPORT A ~E IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT JIAY BE FINED OR IMPRISONED. 4NIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS )NE OF THE PARTIES. IF YOU WISH TO REQUEST A USTMENT OF YOUR ORDER, YOU MUST DO THE _L YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO =Y (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELA IONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND A IMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDE TE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDAT RY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS N T IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN NE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THE EIS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; R (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH ROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID A REARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON ND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, A WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDE ED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR AY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMP HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE F R COURT COSTS AND FEES. The parties a Master's Report and shall conform with t filed by any party, tt service of the origins interim order, this or hereby advised that they may file written exceptions to the Support .ecommendation within twenty (2U) days of this order. Exceptions requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are other party may file exceptions within twenty (20) days of the date of exceptions. If no exceptions are filed within twenty (20) days of this ~r shall then constitute a final order. By the Court, ~~ J. ?C~esley Oler, ,Tr. Cc: Maria D. Wi er Calvin E. Wi er Mark A. Mat ya, Esquire For the Petiti ner Jeanne B. For the R. os, Esquire DRO/rj s MARIA D. WISER, V. CALVIN E. WIS 1N THE COURT OF COMMON PLEAS OF itioner :CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACSES NO. 546111545 respondent DOCKET NO. 10-421 CIVIL TERM Following a Baring held before the undersigned Support Master on July 6, 2010, the following report and recommendation are made: FINDINGS OF FACT 1. The Petitione is Maria D. Wiser, who resides at 316 Walnut Street, Shippensburg, Pennsylvania she will hereafter be referred to as "the Wife." 2. The Respondent is Calvin E. Wiser, who resides at 402 South Penn Street, Shippensbur ,Pennsylvania; he will hereafter be referred to as "the Husband." 3. The parties wjere married on May 19, 1990. 4. The parties separated on October 1, 2009 when the Wife left the marital residence. 5. On January 2 , 2010 the Wife filed a complaint for divorce. 6. On February 2, 2010 the Wife filed a petition for alimony pendente lite. 7. The Wife ha been employed by Torres Credit Service earning $10.00 per hour for a 40 hour wor week prior to the separation. 8. The Wife vol tarily left her employment with Torres and began self-employment performing c eaning services for Deerfield Commons. 9. The Wife is aid $14.00 per hour and works 20 to 23 hours per week. 10. The Wife ha operated a dance studio for approximately eight years. 11. The studio h s operated at a loss for at least the past five years. 12. The Husband was employed by MG&G Construction, LLC until March 12, 2010 when he was permanently laid-off. 13. The Husband received unemployment compensation benefits of $410.00 per week through May 31, 2010. EXHIBIT "A" 14. The Husband began working as an independent contractor for Colandrea Management a company located in West Virginia, on or about May 31, 2010. 15. The Husband has gross earnings of $600.00 per week from Colandrea but has not been with th company a sufficient period of time to determine what his business expenses wil be. 16. The Husband has operated a hauling business on a part-time business for several years. 17. In 2009 the b sines generated net profit of $17,578.00 based upon gross income of $37,800.00. 18. For January trough June, 2010 the gross income has been reduced to $10,800.00. 19. The tax filin~ status for both parties will be married/separate for tax year 2010. DISCUSSION In Clouse v. louse, 50 Cumberland L.J. 167, 170 (2001) the Honorable J. Wesley Oler discu sed the law of Pennsylvania as it relates to the subject of alimony pendente lite wherei he stated: The determination of whether to award alimony pendente lite has tradit' nally been a matter within the sound discretion of the trial court. Litm s v. Litmans, 449 Pa. Superior Ct. 209, 222, 673 A.2d 382, 388 (1996) (citin Murphy v. Murphy, 410 Pa. Superior Ct. 146, 599 A.2d 647 (1991), a ea denied, 530 Pa. 633, 606 A.2d 902 (1992), cert. denied, 506 U.S. 868, 113 S Ct. 196, 121 L.Ed. 2d 139 (1992)). APL is based on the need of one spous to have the financial resources to pursue or defend a divorce action. Litm s, supra at 222, 763 A.2d at 388. The claimant must show that APL is neede to adequately preserve his or her rights in the litigation. Sutliff v. Sutlif , 326 Pa. Superior Ct. 496, 500, 474 A.2d 599, 600 (1984), overruled on other rounds, Rosen v. Rosen, 520 Pa. 19, 549 A.2d 561 (1988). In this regar ,the Pennsylvania Superior Court has stated that "a spouse seeking alimo y pendente lite who has sufficient assets to meet the needs of the pendi g litigation and who is equally situated with the other spouse to maint in or defend the action, will not be awarded alimony pendente lite." Powe s v. Powers, 419 Pa. Superior Ct. 464, 467, 615 A.2d 459, 460 (1992). In adjudicating a claim for alimony pendente lite, a court should i er the following factors: "the ability of the other party to pay; the r to estate and income of the petitioning party; and the character, f on, and surroundings of the parties.'' Litmans, supra. at 224, 673 A.2d at 3 Once entitlement to award of alimony pendente lite is established, the calculation of the amount of the ward is made pursuant to the support guidelines. Little v. Little, 47 Cumberland L.J. 31 (1998). The evidence~clearly established the Wife's need for alimony pendente lite and the Husband's ability to ay. The Wife is orking only part-time as aself-employed cleaning lady. She currently earns approximately $300.00 per week in this venture. She had been earning $400.00 per week as an employe of Torres credit service prior to separating from her Husband. She voluntarily left this e ployment to take the position with Deerfield Commons to save money on gasoline and to d vote more time to her dance studio. "If the trier o fact determines that a party to a support action has wilfully failed to obtain or maintain a propriate employment, the trier of fact may impute to that party an income equal to the arties earning capacity."~ The Wife voluntarily reduced her income by $100.00 per week w en she changed employment. Under the circumstances of this case, in the opinion of this aster it is appropriate to impute to her an earning capacity of $400.00 per week, or $1,733. 0 per month due to her wilful failure to maintain appropriate employment. With tax filing status of married/separate, she would have a net monthly earning capacity of 1,420.00.2 At the time o filing of the divorce complaint and the petition for alimony pendente lite the Husband was employed by MG&G Constuction, LLC earning $974.00 per week. He was also generating ross self-employment income of approximately $1,800.00 hauling ice cream. His net profs from this venture is approximately $1,000.00 per month. With his total gross monthly inco e of $5,221.00 and a tax filing status of married/separate, the Husband has net monthly inco e of $3,748.00.3 With the net onthly incomes as set forth above and no minor children, the husband has an obligation for alimony pendente lite effective February 22, 2010 of $931.00 per month.4 The Husband was laid-off by MG&G Construction on March 12, 2010 and began receiving unemploy ent compensation benefits of $410.00 per month. He continued to operate his hauling b sines. His total gross monthly income was reduced to $2,777.00, or $2,330.00 net perm nth.s With a reduction in income, the obligation for alimony pendente lite is lowered to $3 .00 per month.6 ' Pa. R.C.P. 1910.16-2(d) 2 See Exhibit "A" for the s See Exhibit "A" for the a See Exhibit "B" for the s See Exhibit "C" for the 6 See Exhibit "D" for the 4). ax deduction from gross income. ax deductions from gross income. alculation. ax deductions from gross income. ;alculation. On or about une 1, 2010 the Husband began new employment as an independent contractor for a com any in West Virginia. Because it is too early to determine what his net monthly income fro this venture will be, no adjustment to the APL obligation will be made at this time. Either arty may petition for modification of the obligation after 90 days. RECOMMENDATION A. For the peri< the Pennsyl` sum of $931 B. Effective and Disb~ C. The Hus the addit D. Either party the date of t of February 22, 2010 through March 11, 2010 the Husband shall pay to iia State Collection and Disbursement Unit as alimony pendente lite the ~ per month. 12, 2010, the Husband shall pay to the Pennsylvania State Collection it Unit the sum of $364.00 per month as alimony pendente lite. shall pay to the Pennsylvania State Collection and Disbursement Unit sum of $16.00 per month on arrears. .y file a petition for modification after the expiration of 90 days from order. Date Michael R. Rundle Support Master 4 In the Court of Co mon Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Defendant Name: Docket Number: PACSES Case Nu Other State ID Nu Tax Year: Maria D. Wiser Calvin E. Wiser 10-421 Civil ber: 546111545 ber: Current: 2010 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Se aratel Married Filing Se aratel 3. Who Claims the Exem tions Obli ee 4. Number of Exemptions 1 1 5. Monthl Taxable Income $5,220.70 $1,733.30 6. Deductions Method Standard Standard 7. Deduction Amount $475.00 $475.00 8. Exem tion Amount $304.17 $304.17 9. Income MINUS Deductions an Exem tions $4,441.53 $954.13 10. Tax on Income $792.15 $108.22 11. Child Tax Credit _ _ 12. Manual Ad'ustments to Taxe - 13. Federal Income Taxes $792.15 $108.22 13 a. Earned Income Credit _ _ 14. State Income Taxes $164.97 $54.77 15. FICA Pa ments $462.88 $132.59 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $52.21 $17.33 TOTAL Taxes $1 472.21 $312.91 SupportCalc 2010-5-12 EXHIBIT "A" In the Court of Co mon Pleas of Cumberland County, Pennsylvania '~ Spousal Support Calculation Rule 19'1.4.1 fi (PAGSES FORMAT Plaintiff Name Defendant Na Docket Numb PAGSES Cas Other State ID : Maria D. Wiser e: Calvin E. Wiser r: 10-421 Civil Number: 546111545 Number: 1.Obli or's Monthl Net Income $3,748.49 2. Less All Other Su ort - 3. Less Obli ee's Monthl Net Inc me $1,420.39 4. Difference $2,328.10 5. Less Child Su ort Obli ation f r Current Case - 6. Difference $2,328.10 7. Multi I b 30% or 40% 40.00% 8. Income Available for S ousal S ort $931.24 9. Ad"ustment for Other Ex enses - 10. AMOUNT OF MONTHLY SPOU AL SUPPORT OR APL $931.24 Pre ared b : mrr Date: 7/ 7/2010 SupportCalc 2010 EXHIBIT "B" In the Court of Co mon Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Defendant Name: Docket Number: PACSES Case Nu Other State ID Nu Tax Year: Maria D. Wiser Calvin E. Wiser 10-421 Civil ber: 546111545 ber: Current: 2010 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Se aratel Married Filing Se aratel 3. Who Claims the Exem tions Obli ee 4. Number of Exemptions 1 1 5. Month) Taxable Income $2,776.70 $1,733.30 6. Deductions Method Standard Standard 7. Deduction Amount $475.00 $475.00 8. Exem tion Amount $304.17 $304.17 9. Income MINUS Deductions an Exem tions $1,997.53 $954.13 10. Tax on Income $264.73 $108.22 11. Child Tax Credit _ _ 12. Manual Ad'ustments to Taxe _ _ 13. Federal Income Taxes $264.73 $108.22 13 a. Earned Income Credit _ _ 14. State Income Taxes $31.60 $54.77 15. FICA Pa ments $140.00 $132.59 16. City Where Taxes Apply --Select-- --Select-- 17. Local Income Taxes $10.00 $17.33 TOTAL Taxes $446.33 $312.91 supportcarc 2o~o-s-~s EXHIBIT "C" In the Court of Co mon Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.'16 (PACSES FdRMATj Plaintiff Name Defendant Na Docket Numb PACSES Cas Other State ID : Maria D. Wiser e: Calvin E. Wiser r: 10-421 Civil Number: 546111545 Number: 1.Obli or's Monthl Net Income $2,330.37 2. Less All Other Su ort _ 3. Less Obli ee's Monthl Net Inc me $1,420.39 4. Difference $909 98 5. Less Child Su ort Obli ation f r Current Case _ 6. Difference $909 98 7. Multi 1 b 30% or 40% 40.00% 8. Income Available for S ousal S ort $363.99 9. Ad'ustment for Other Ex enses _ 10. AMOUNT OF MONTHLY SPOU AL SUPPORT OR APL $363.99 Pre ared b : mrr Date: 7/ 7/2010 supportca~c 200 EXHIBIT "D" F~tED-QFFICE , ~~- ~N~ pP,~TNONOTA~`~ 2(11 D SEP 2 2 ~M g' 4 9 MARIA D. WISER, CUt~BERLANO COUFd:TI~I THE COURT OF COMMON PLEAS OF I'F~t~A~:SA:CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10 - 421 CIVIL TERM CALVIN E. WISER, :CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Mark A. Mateya, Esquire, as Attorney of record for Maria D. Wiser. Respectfully Submitted: Date: ~ 1 to I ~ o ~ ~• Mark Mateya, squire I.D. No. 55 West Church Ave. Carlisle, Pa. 17013 (717) 241-6500 Please enter the appearance of Jane Adams, Esquire, as Attorney of record for Maria D. Wiser. Respectfully Submitted: oa,e q/~,/,~ d' ne Adams, Esquire I . No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 MARIA D. WISER, V. CALVIN E. WISER, To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 421 CIVIL TERM : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter: k prior to the entry of a Final Decree in divorce. OR, _, after the entry of a Final Decree in Divorce (1ri ?.. I,.> v? -z? PQ ?..D r•? hereby elects to resume the prior surname of DAVILA avowing her intention pursuant to the provisions of 54 P.S. §704. Date: C? l J rib Gt-u- «l?" -7. ( Maria D. Wiser Prior Name Maria M. Davila Signature of Name being resumed COMMONWEALTH OF PENNSYLVANIA } ):ss COUNTY OF CUMBERLAND } rte. On this, the a3 day of 2010 before me, the undersigned officer, personally appeared MARIA D. WISER/MARIA M. DAVILA personally known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No Public ou co ?GL 1`t'v My commission expires: rf"?" I } COMMONWEALTH OF PENNSYLVANIA seaf Ale M. Good, Notary Pub9c ??Y$g My Cflmmis m E Dec. 6, 2011 Member, PenneNwoniA Asseaci®sn. C) M YOCD C5 MARIA D. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10 - 421 CIVIL TERM CALVIN E. WISER : CIVIL ACTION - LAW -, , Defendant : IN DIVORCE _ m CO MOTION FOR APPOINTMENT OF MASTER , Defendant moves this Court to appoint a master with respect to the following clair c ;. Divorce (x j Distribution of Property ( Annulment ( ) Support - Alimony Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states ,r r',,:, - -?.: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant is represented by Jeanne' Costopoulos, Esquire. (3) The statutory ground(s) for divorce is 3301 (c)and as of October 2011, 3301(d), as the parties will have been separated for two years. (4) Delete the inapplicable paragraph(s): (a) The setiom is met eentested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: N NE. Date: e Adams, Esquire 1 W. South St. Carlisle, Pa. 17013 koo ttorney for Plaintiff (717) 245-8508 ORDER APPOINTING MASTER Q rl Co AND NOW, this ntVt-&/L., 9 2011, Robert Elicker, Esquire, is appointed MasW4 respect to the following claims: ALL. _ BY THE COURT: w A >G Jeanne' Cosiopoo1cs, Ej. J. ` y done, Moos, 311i? ?j -.._ ?7: P MARIA D. WISER, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10 - 421 CIVIL ? r-ti rya CALVIN E. WISER , ?. W ? Defendant IN DIVORCE =M cD ? -?-q 0 C7 =-rj TO: Jane Adams , Attorney for Plai?fif? ' C ` ?rn3 Jeanne Costopoulos , Attorney for Defendant DATE: Wednesday, March 23, 2011 CERTIFICATION [ /rwh]ich certify that discovery is complete as to the claims f the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 2? DA E C EL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. N' 2812 SEP 26 AM 11: 4 ..3 "UMBERLAND CQUNT'i' PENNSYLVANIA MARIA D. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10 - 421 CIVIL TERM CALVIN E. WISER, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Grounds for divorce: X Section 3301(c) of the Divorce Code. _ Section 3301(d) of the Divorce Code. 2. (a) Date Complaint filed: January 20, 2010. (b) Date of Service of the Complaint: February 4, 2010. (c) If service 30 days after date of filing, date complaint reinstated: n/a. (d) Manner and service of the complaint: February 4, 2010, sent certified mail restricted delivey. Affidavit of Service filed February 19, 2010. 3. (a) Affidavit of Consent required by Section 3301(c) of the Divorce Code. Date of execution: Plaintiff: Se ptember 20, 2012 Defendant: Se ptember 20, 2012 Date of filing: Plaintiff: Se ptember 20, 2012 Defendant: September 20, 2012 (b) Plaintiffs Affidavit required by section 3301(d) of the Divorce Code. Not applicable. 4. Related claims pending: None: all claims were resolved by the marriage settlement agreement which was signed by the parties at the Divorce Master's office on September 20 2012 The marriage settlement agreement should be incorporated and not merged into the Decree. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Septa mber 20, 2012 Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 20, 2012 I verify that the statements made in this Praecipe 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. Respectfully Submitted: Date, J e Adams, Esquire 7No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff MARIA D. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA c c V. : NO. 10 -421 CIVIL TERMa CALVIN E. WISER, : CIVIL ACTION - LAW -<> Defendant : IN DIVORCE r-;7z C7 c PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT 5: AND NOW COMES, Maria D. Wiser, now known as Maria Davila, by and through her Attorney, Jane Adams, and in support of her Petition to Enforce the Marriage Settlement Agreement between the parties, hereby avers as follows: 1. Plaintiff/Petitioner is Maria D. Wiser, (hereinafter"Wife") who currently lives in Shippensburg, Pennsylvania. 2. Defendant/Respondent is Calvin 1 . Wiser, (hereinafter"Husband"), who currently lives at 402 S. Penn Street, Shippensburg, Pennsylvania, 17257. 3. The parties were married on May 19, 1990 in Shippensburg, Pennsylvania. 4. A divorce was filed under the above-captioned docket number on January 20, 2010. 5. A final Decree in Divorce was entered under the above-captioned docket number on October 5, 2010. 6. The parties entered into a written marriage settlement agreement on September 20, 2012, which was incorporated and not merged into the Decree. 7. Pursuant to the marriage settlement agreement, Husband was to sign over the Deed to the parties' property in Chambersburg, to facilitate refinancing of the property. 8. Pursuant to section 6 of the agreement Husband was to pay alimony to Wife in the sum of$364.00 per month. 9. Pursuant to the parties' agreement, Husband was to pay money towards past due taxes before September 21, 2012. 10. Section 3323(f) of the Divorce Code states that: "in all matrimonial cases, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice requires against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 11. Husband has not completed the following actions: (a) Signature and release of the Deed to Wife's attorney to be held in escrow so that Wife can refinance. (b) Signature and return of the stipulation for Alimony forwarded to Husband's so that Domestic Relations can update the account to post-Decree alimony payments as opposed to spousal support. (c)Payment or contribution to overdue taxes for 2012 which were due before the parties signed the marriage settlement agreement and which were pending during a time at which Husband was solely collecting rents, but which were not disclosed by Husband at the settlement conference held by the parties. 12. Wife is seeking the following relief: (a) For Husband to sign and release the Deed to the property in Chambersburg, To be held in escrow by Wife's attorney. (b)For Husband to sign and return the stipulation for Alimony forwarded to him so that the Domestic Relations account can be adjusted and updated. (c)For Husband to contribute to the 2012 taxes which were not disclosed as not being paid at the parties' meeting and which were incurred during a time that Husband had sole possession and was solely collecting rents on the property. (d)For Husband to reimburse Wife for Attorney's fees to prepare this petition; (e)Any other relief deemed appropriate. WHEREFORE, Wife is requesting the relief requested herein. Respectfully submitted, Date: jJan dams, Esquir e 0. 79465 est South St. sle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER MARIA DAVILA ' e VERIFICATION I verify that the statements made in this PETITION are 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: Maria Davila, f/k/a Maria D. Wiser, Petitioner MARIA D. WISER, : IN THE COURT OF COMMON PLERS (W- Plaintiff : CUMBERLAND COUNTY, PENT V�Nl`` V. : NO. 10 - 421 CIVIL TERM m , CALVIN E. WISER, : CIVIL ACTION -LAW ac; - CD--n Defendant : IN DIVORCE =c w AMENDED PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREIMENT., AND NOW COMES, Maria D. Wiser, now known as Maria Davila, by and through her Attorney, Jane Adams, and in support of her Petition to Enforce the Marriage Settlement Agreement between the parties, hereby avers as follows: 1. Plaintiff/Petitioner is Maria D. Wiser, (hereinafter"Wife") who currently lives in Shippensburg, Pennsylvania. 2. Defendant/Respondent is Calvin E. Wiser, (hereinafter"Husband"), who currently lives at 402 S. Penn Street, Shippensburg, Pennsylvania, 17257. 3. The parties were married on May 19, 1,990 in Shippensburg, Pennsylvania. 4. A divorce was filed under the above-captioned docket number on January 20, 2010. 5. A final Decree in Divorce was entered under the above-captioned docket number on October 5, 2012. 6. The parties entered into a written marriage settlement agreement on September 20, 2012, which was incorporated and not merged into the Decree. 7. Pursuant to the marriage settlement agreement, Husband was to sign over the Deed to the parties' property in Chambersburg, to facilitate refinancing of the property. 8. Pursuant to section 6 of the agreement Husband was to pay alimony to Wife in the sum of$364.00 per month. 9. Pursuant to the parties' agreement, Husband was to pay money towards past due taxes before September 21, 2012. 10. Section 3323(f) of the Divorce Code states that: "in all matrimonial cases, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice requires against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 11. Husband has not completed the following actions: (a) Signature and release of the Deed to Wife's attorney to be held in escrow so that Wife can refinance. (b) Signature and return of the stipulation for Alimony forwarded to Husband's so that Domestic Relations can update the account to post-Decree alimony payments as opposed to spousal support. (c)Payment or contribution to overdue taxes for 2012 which were due before the parties signed the marriage settlement agreement and which were pending during a time at which Husband was solely collecting rents, but which were not disclosed by Husband at the settlement conference held by the parties. 12. Wife is seeking the following relief: (a) For Husband to sign and release the Deed to the property in Chambersburg, To be held in escrow by Wife's attorney. (b) For Husband to sign and return the stipulation for Alimony forwarded to him so that the Domestic Relations account can be adjusted and updated. (c)For Husband to contribute to the 2012 taxes which were not disclosed as not being paid at the parties' meeting and which were incurred during a time that Husband had sole possession and was solely collecting rents on the property. (d)For Husband to reimburse Wife for Attorney's fees to prepare this petition �. (e)Any other relief deemed appropriate. r 13. Husband's attorney, Jeanne' Costopoulos, Esquire, was consulted, and indicated that Husband does not object to signing the Deed or stipulation, but does object to paying attorney's fees or any additional money regarding taxes. 14. Wife's attorney has not received the signed Deed or stipulation as of the time of the filing of this petition. 15. This matter was previously assigned to Judge Hess. WHEREFORE, Wife is requesting the relief requested herein. Respectfully submitted, Date: �J 3 Janrdams, Esquire I.D 5 h St. ar , 7013 (71.7) 245-8508 ATTORNEY FOR PETITIONER MARIA DAVILA CERTIFICATE OF SERVICE AND NOW, this July 15, 2013, I, Jane Adams, Attorney for Plaintiff, hereby certify that a copy of Plaintiff's Petition has been duly served upon the Defendant's Counsel by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Jeanne B. Costopoulos, Esquire The Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 DEFENDANT'S COUNSEL ?Jane ms, Esquire 9465 uth St. Carlisle, Pa. 17013 (717) 245-8508 PLAINTIFF'S COUNSEL r w i MARIA D. WISER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10 -421 CIVIL TERM CALVIN E. WISER, : CIVIL ACTION-LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this I day of! _, 2013,upon consideration of the attached Petition, a Rule to Show cause is issued upon the Defendant, Calvin E. Wiser,as to why the relief requested by Plaintiff should not be granted. Rule Returnable "" + days after service of the Rule and Petition upon Defendant's counsel. BY THE COURT: J. cc: ,/Jeanne' Costopoulos. Esquire ;/Jane Adams, Esquire • zm c � CO CD CD �� �i � O 20.13 AUG -7 PH 4: 14 CUMBERLAND COUNTY PENNSYLVANIA JEANNE B. COSTOPOULOS,ESQUIRE Attorney I.D.No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg,PA 17055 Telephone No. (717)221-0900 Attorney for Defendant MARIA D. WISER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-421 CALVIN E. WISER, CIVIL ACTION - LAW Defendant DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S AMENDED PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT AND NOW comes the Defendant, Calvin E. Wiser, by and through his attorney, Jeanne B. Costopoulos, Esquire, and respectfully avers the following in support of this Petition: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. Y 11. (a) Admitted. Defendant does not object to signing a deed. (b) Admitted in part; denied in part. It is admitted that Defendant has not signed the alimony stipulation prepared by Plaintiff's counsel. It is denied that the settlement agreement requires Defendant to sign an alimony stipulation but rather simply requires him to make the alimony payments to Plaintiff and authorizes Cumberland County to enter an order of support. Notwithstanding said position, Defendant is not opposed to signing an alimony stipulation as approved by his counsel and domestic relations. (c)Admitted in part; denied in part. It is admitted that Defendant did not pay any taxes other than those he was required to pay under the settlement agreement. By way of further answer, as joint owner of the property Plaintiff was just as capable as Defendant to obtain the balance due on the taxes as of the date of settlement and she should not have agreed to cap Defendant's contribution to the tax bill at $1,000.00 if she was unsure of the balance owed or was otherwise not satisfied with the settlement agreement as written. 12. No response required. 13. Admitted. 14. Admitted. 15. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to deny any and all relief requested in Plaintiff's petition. RESPECTFULLY SUBMITTED: r� BY: eanne B. Costopoulos,Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717)221-0900 � `7/��? PA Supreme Ct. ID No. 68735 DATE: l i ATTORNEY VERIFICATION Undersigned counsel,Jeanne B. Costopoulos,Esquire,hereby verifies and states that: 1. She is the attorney for Calvin E. Wiser, Defendant. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing document have either been provided to her by Defendant or they are based on information known to undersigned counsel and not necessary to her client. 4. The facts set forth in the foregoing document are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. BY: Jeanne B. Costopoulos,Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg,PA 17055 Phone: (717)221-0900 DATE: PA Supreme Ct. ID No. 68735 ��7'� CERTIFICATE OF SERVICE I,Jeanne B. Costopoulos, Esquire,hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below,which service satisfies the requirements of the PA Rules of Civil Procedure,by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania,through first class mail,prepaid, and addressed as follows: Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 BY: Jeanne B. Costopoulos,Esquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717)221-0900 ,7 f PA Supreme Ct. ID No. 68735 DATE: l/ LIEN SATISFACTION i `m• s xt # Name: CALVIN WISER Member Number: M#4737102210 Judgment Lien Satisfied as of: 1/17/13 Amount Paid: $740.59 Signed: Cit&A hi. 641 JAN 0 7 2014 (Lien Coordinator) (Date) TiZ .�•- Zrn v,`s fir:::. �--•, `mot cz)C > "‹ fir - - ° ) N CC722