Bake chocolate cake, mix according to directions, or bake your own favorite recipe; do not use a mix with pudding in the middle, as it will be too moist. You will need 2 eight- or nine-inch layers for this recipe.
Remove cake from pans and place on platters, let cake cool for 5 minutes.
Poke holes in both layers of the cake, using the toothpicks or wooden skewer, approximately 1 inch apart.
Drizzle the juice from an 8-ounce jar of maraschino cherries into the holes. You can use a teaspoon, an eye dropper or a turkey baster to get the juice into the holes. Do not drizzle over the whole cake or it will be too moist to handle.
Place the chocolate cake layers in the refrigerator for 1 hour; this allows the cherry juice to seep through the cake to the bottom.
Remove the chocolate cake from the refrigerator. Open the canned cherry pie filling and spread three-fourths of the can on top of one cake layer, saving the last one-quarter for the topping. Place the second layer of cake on top of the one you've just spread the cherries on.
Ice the cake with whipped topping and place the last one-quarter of cherry pie filling on top for a beautiful presentation