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HomeMy WebLinkAbout96-02846 ~ ""I ,;.1 I" ."1.. ,~;., . ~ \. ~ , ..' . , I" '" I " , t " " .~ ~ ,i' ! I, I" i ~ , . ,', " 1" ., 1'.1 .' "~I ~ . \ J / //" 'I '1 'I.; " I " , , ! .. " , , " " , i, !, '.1 , " , j i I i . ,; I I " I , ., , ,'I, " , :' ,I ,', , , , ... " \ I , ~ ~ " " . " ,. J . . " t " "., ..... :>- 0- "1 , ",/ ..,ti 0> " ..' " ii " j .. .. .. -lit ... -ItC,' :. ... '. ... .. ... .:t!:. .=-:. ':11' ... -lit ... '. .=-:. > ... '.:ec.".' .,:t!:..... .:It:' .leI) .. . 'il 8 ----.--~"..--,--~--,--'-,- ,- ,,- ,,,.--.-.,,-.------. -- - , , ,'" --. --' . -..". . ",---- -".' ,,-,- -" . . . . . . . " . . . . . 8 8 8 8 * . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF * PENNA. j(athleen 1,. Ileberlig, N I). 96~2846CiviLTel'lL Plaintiff VI'I'SIt:; ,Randol P. Ileberlig, Defendant DECREE IN . 0 I ~ 0 R C Eit ,)l) (1.{0 AND NOW,~".~, .,.' ".,1997.".. it is ordered and decreed that ,., ~tl:lleel), l<., l;leberli'il, , , , , , . . , . , , . , , , , . , . ' . . . . " plaintiff, and. . . . . . , , . . , , ~11PP,l, F'.. lle~,r,l,i.9. , . , , ' , . _ . . . , , , ' . . . . . , , , . . " defendant, are divorced from the bonds of matrimony. *1 . , . . . . . * . . . . . . . ~ kI . At ell: ~4.'(""l<:" f' '.i!.d!,-", !~~'r"'~.7 J. . 'f~t4Im K', ~~, ~J4 '~ . I / ~rolhon"IBry r ' I~ ~ " '~ .-_-_-_...-_-..~:a:-..::...._'~-._;.:*' .:+:. .:<<' .>>:. .:.:. .w.. ':+:. .:+:. ':.:. .>>:. ':.:. .:.:. .>>:' .:.:. {.:' .>>:' .w.. 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 been entered; i None. ,...,.,.. ,... .,.......,.,."...., . . . . . . . . . . . . . . . " e . . ,e 1e 8 . $ . ~ .' . !~ , ' '~ I. ~ ~ '.' '~ ,", I. I~ i~ , ' " ~. ~. t'~~ b; I~';' .. . 'I...-~ ,.' ~~ ). ~ u:/ ' .. ' ::I_~ 1 ;' ~ fr' ~,:.. . ~.i 2f ,-. ~ ;j; ,l, fi" I.",j I',. if '. ," , , ~ j (I:, I, L,,' ';l.. !, I ".., '. ". r- ",J U ',/'I <J , , I, 'I," " , , '," I \, .I, , "", KATHLEEN L. HEBERLIG, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- ..J r '/(, CIVIL TERM CIVIL ACTION - LAW T.N DIVORCE RANDOL P. HEBERLIG, Defendant COMPLAINT 1. Plaintiff is Kathleen L. Heberlig who currently resides at 910 Redwood Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Randol P. Heberlig, who currently resides at 33 Woodcrest Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide res.tdents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 3, 1971 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability ot marriage counseling 80d the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the SAlDIS, GUIDO, SHUFF Ie MASLAND 26 w, HlaJI SlIOCl Carlllk,PA Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. SAlDIS, GUIDO, SHUFF " MASLAND 26 w, HI'" SIl<eI c.vtille, PA COUNT II EOUITABLE DISTRIBUTION 8. The allegations in paragraphs one through seven, inclusive, are made a part hereof and incorporated herein by reference. 9. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests this Honorable Court to determine marital property and to order an equitable distribution thereof. COUNT III ALIMONY AND ALIMONY PENDENTB LITE 10. The allegations in paragraphs one through nine, inclusive, are made a part hereof and incorporated herein by reference. 11. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to support herself through appropriate employment. 12. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 13. Defendant is financially able to provide for the reasonable needs of the Plaintiff. WHEREFORE, Plaintiff requests Your Honorable Court to enter an award of alimony pendente lite until final hearing and permanent alimony thereafter. 2 VIRU'ICA'1'IOI I verify that the statement II made in this Complaint are true end correct. I understand that false statements herein ere made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unBworn falsification to authorities. DATEDr ~/~~/'i~ d{.lN~?~ Kathli5n L. Heberlfg, Plaintiff " , SAlOIS, GUIDO, SHUrr .t MASLAND 16 W. Hi'" SII'CCl Cull,lo, PA ",.. /-.. i'. l'. --.. 1 ~ -:j" ~ 1! ~ ~ .::; ~~~ +- ~ ~ 'e <::l '~ ~ ,...~ c3 ~ l~ ..... " ~1 ~ l~J' ' ~[( ~, (!'I; l, [I-. ' '.... , , tt .J ~ ~ ~ I ~ " , . f ~ '\ \. ~ ~ r-j ~ , .... ....s ?~ '-Sl \)0 :::::'I"t') " ~ 't ~ ~~ ~ \~ .-..j N 'It , " " Q Z j .., crJ tii~a a ~~~;~ IE ...><t;;ffi~ o ~~~lI:[ ~ 5~::~~ ...l ~Q.~-o ~ ~~g: ~ u sa < crJ , ' ," SAlOIS, GUIDO, SHUFF II MASLAND 26 W, Hl,h S....., CarU,I., PA KATHLEEN L. HEBERLIG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2B46 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. RANDOL P. HEBERLIG, Plaintiff ~~ AFFIDAVI'f OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOU~ ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301 (C) of the Divorce Code was filed on May 22, 1996. 2. Defendant acknowledges receipt and accepts service of the Complaint on May 24, 1996. 3. The marriage of Plaintiff and Defendant is irretrievably brokon and ninety days have elapsed from the date of the filing of tne Complaint. 4. I consent t,o the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, divi~ion of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I wlll 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 prothonot.ary. 7. I have been advised of the availability of marriage ,,()ulloAlling and understand that I may request that the court r~quire counselling. I do not request that the court require (:ouasel1 i.ng. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made ~ubject to ~he penalties of 18 Pa. C.S. Section 4904 relating to unsworn falRification to authorities. llA'l'f:O: .__..?P~/J..l_.._.._..._---_.. ~t.vId~J.,.~ ~~ndot P. Heberlig, Defendant ~ "I ... ~ & .'..r ~IIC:' ;;.....,.. fi:< ........ .1 :.? ,I... 'l~j <1.. ~)l:. ,... ,',') j' C'>.: " ", : :;; e;! I r m , if,] W '1<.1,. ;:-h L... ' , I,. ,... :i u Q'I () rill . , , " " , " . . " , ::/ , " " .' , (J , , I:: I , {.')' . ,: \, 1 I' ."'- , r" - '. (J' .' /I , i " ,.' I r.."....,.., KATHLEEN L. HEBERLIG, Plaintiff IN THE COURT OF COMMON PLEAS I CUMBERI,AND COUNTY, PENNSYLVANIA NO. 96-2846 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. RANDOL P. HEBERLIG, Plaintiff PITITION FOR ALIMONY PINDINTI LITI, INTIRIM COUNSEL FIES, COSTS AND IXPINSI5 AND FOR SPECIAL RILIEF AND now, comes Plaintiff Kathleen L. Heberlig, by her attorney, Edward E. Guido, Esquire and files this Petition for alimony pendente lite, interim counsel fees, costs and expenses, and for special relief and in support thereof avers as follows: Count I Alimonv Pendente Lite 1. Plaintiff Petitioner herein is Kathleen L. Heberlig, who currently resides at 910 Redwood Dr.ive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Respondent herein is Randol P. Heberlig, who currently resides at 33 Woodcrest Drive, Carlisle, Cumberland County, Pennsylvania 3. On May 22, 1996 petitioner filed a Complaint in divorce SAlOIS, GUIDO, SHUFF II MASLAND 26 W, Hip 5.... CorIl....PA to the above-captioned term and number. 4. Petitioner has retained the firm of Saidis, Guido, Sh~ff & Mas land to represent her in this action. Petition9r has incurred and will continue to incur substantial attorney fees in connection with this litigation. 5. Petitioner is employed at Dickinson College, Carlisle, Pennsylvania at an annual sa lary of approximately $26,000.00. 6. Respondent is employed by United Telephone/Sprint as an engineer and earns at least twice Petitioner's annual salary. 7. Respondent has failed and refused to support Petitioner adequately since the parties' separation. WHEREFORE, Petitioner prays your Honorable Court to direct Respondent to pay Petitioner alimony pendeute lite, interim counsel fees and expenses. Count II Scecial Relief 8. 'l'he averments of paragraphs one through seven inclusive, are made a part hereof and incorporated herein by reference. 9. Respondent has exclusive control of the parties' substantial marital assets. 10. At the time of separation, the parties had approximately $22,000 in a joint checking account. ll. Respondent has taken all but a few hundred dollars of the funds from said account. 12. At the time of separation, the parties had SAlDIS, GUJDO, approximately $100,000 in other cash assets. SHUFF II I ' MASLAND 13. Petitioner fears that Respondent will dispose of those 26 w, Hi'" S...... C.,Il,lo,PA assets prior to the entry of a final decree in this matter. 2 , " I '''I , I I II 14. Petitioner does not have in her poss~ssion or control sufficient marital property to allow her to recover her equitable share if Respondent were to dispose of said assets. 15. The parties filed a joint 1995 income tax return. Respondent cashed the income tax refund check by forging petitioner's signature. 16. Petitioner has been the primary driver of a Chevy Celebrity since it was purchased new in 1988. Said vehicle is titled in Respondent'a name. 17. Respondent is the primary driver of a 1995 Dodge pick- up truck. Said vehicle is titled in joint names. WHEREFORE, Petitioner prays this Honorable Court to enter an Order: (a) Directing Respondent to pay Petitioner one half of balance of the joint checking account as it existed on the date of separation. (b) Prohibiting Respondent from disposing of marital property except by agreement of the parties or by Order of this Court. (C) Directing Respondent to pay Petitioner one- half of the 1995 income tax refund. SAlOIS, GUIDO, SHUFF II MASLAND 26 W. HI~ S""'I CorIlllc,PA (d) Directing both parties to sign the title to the vehicle in the other party's possession with adjustment for the difference in value to be made at the time of final division of marital assets. 3 (e) Granting such other relief liS the Court deems appropriate. Date: 5(31IrtC:. Respectfully submitted, SAlOIS, GUIDO, SHUFF & MAS LAND ~ By: Edward E. Guido, Esquire Supreme Ct. 1.0. * 21206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Petitioner I I SAlDIS, GUIDO, S-.uFF II MASLAND 26 w, H1~ 5_1 Carll,I"PA " , ' , " 4 ~ ..... H' ; I .. ,tlr , (,t' " ~ b , l... i t.;.I, f: J , 1 , fi~ " , I , 1 - , .,r., , \ ~ ~' ~. -i ~ Q Z ~ .., 8 ~~ffi~~ H= "'x~ffi~ ~ ~ i ~ ~[ ~ ;l~::~~ ~Q.~~O 'Ii ~~g: _ U sa < crJ . , . , ''JUN 0 4 IO!;rr" ,r ,'I " , , '; r"" \ \ ~ ,I ~ I I I.. rr):"\:'" " " I KATHLEEN L. HEBERLIG, Plaintiff V. 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2846 CIVIL TERM RANDOL P. HEBERLIG, Plaintiff CIVIL ACTION - LAW IN DIVORCE PETITION TO RESCHEDULE HEARING AND now, comes Plainti.ff Kathleen L. Heberlig, by her atto~ney, Edward E. Guido, Esquire and files this petition and avers as follows: 1. On June 4, 1996 Plaintiff Petitione~ filed a petition for Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses, and for Special Relief. A hearing on said Petition was scheduled for August 5, 1996. (A copy of said Petition and Order setting the hearing is attached hereto as Exhibit "A"). 2. By agreement of the parties, the hearing scheduled for August 5, 1996 at 1:30 p.m. was continued generally to be rescheduled upon the request of either party. (A copy of the Order continuing said hearing is attached hereto as Ex,hibit "8"). 3. Plaintiff Petitioner hereby requests that the hearing be rescheduled. WHEREFORE, Plaintiff requests that the hearing previously scheduled for August 5, 1996 at 1:30 p.m. be rescheduled. Date: /old <;t. Respectfully submitted, SAlOIS, GUIDO, SHUFF II MASLAND 26 W, HI,h Slree' CirUllI, PA SAIOIS~GUI.n. 0_ .' ~'& MASLAND , /-l ._- By' ';." "-----. Edward E. Guido, Esquire Supreme Ct. I,D. * 21206 26 West High Street CarliSle, PA 17013 (717) 243-6222 Attorney for Plaintiff KATHLEEN L. HEBERLIG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2846 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. RANDOL P. HEBERLIG, Plaintiff OIlDIR AND NOW, this /i-#- ~ , 1996, day of a hearing on the attached Petition for Alimony Pendente Lite, Interim Counsel ~ Fees and Expenses is set for the ,~~ day of , 1996 at ----.L'.JQ.. o'clock 0 .m. in , ~ of the Cumberland County Courthouse, Courtroom No. Carlisle, Pennsylvania. BY THE COURT III k?- r. 1+;Ly J. TRUE COPY 'FROM REOOfIO III TlIIhriony whereof, I here unto set my hind ' IfId It1e stat IJt ~Id ~al C'olrlls,", Pa. ~J!j::d~;J ~~ PralhonoIary SAJDIS, GUIIlO, SHUn' " MASLAND Z6 w, HI'" S...., CarIlaIe, PA KATHLEEN L. HEBERLIG, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-2846 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. RANDOL P. HEBERLIG, Plaintiff PETITION FOR ALIMONY PENDBRTB LITB, INTERIM COUNSEL FEES, COSTS AND EXPENSBS AND FOR SPECIAL RELIBF AND now, comes Plaintiff Kathleen L. Heberlig, by her attorney, Edward E. Guido, Esquire and files this Petition for alimony pendente lite, interim counsel fees, costs and expenses, and for special relief and in support thereof avers as follows: Count I Alimonv Pendente Lite 1. Plaintiff Petitioner herein is Kathleen L. Heberlig, who currently resides at 9]0 Redwood Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Respondent herein is Randol P. Heberlig, who currently resides at 33 Woodcrest Drive, Carlisle, Cumberland County, Pennsylvania 3. On May 22, ]996 Petitioner filed a Complaint in divorce to the ()bove-captioncd term and number. 4. Petitioner has retained the firm of Saidis, Guido, Shuff & Masland to represent her in this action. Petitioner has incurred and will continue to incur substantial attorney fees in connection with this litigation. 5. Petitioner is employed at Dickinson College, Carlisle, Pennsylvania at an annual salary of approximately $26,000.00. 6. Respondent is employed by United Telephone/Sprint 4S an engineer and earns at least twice Petitioner's annual salary. 7. Respondent has failed and refused to support Petitioner adequately since the parties' separation. WHEREFORE, Petitioner prays your Honorable Court to direct Respondent to pay Petitioner alimony pendente lite, interim . counsel fees and expenses. Count I I Soecial ReliH 8. The averments oe paragraphs one through seven inclullive, are made a part hereof and incorporated herein by reference. 9. Respondent has exclusive control of the parties' substantial marital assets. 10. At the time of separation, the parties had approximately $22,000 in a joint checking account. 11. Respondent has taken all but a few hundred dollars of the funds from said account. 12. At the time of separation, the parties had SAIDlS,GlJlIJO, approximately $100/000 in other cash assets. SHUFF II MASLAND 13. Petitioner fears that Respondent will dispose of those 26 w, HI,h 5.....' CorIIIII,PA assets prior to the entry of a final decree in this matter. 2 14. Petitioner does not have in her possession or control Guff iciellt marital property to allow her to recover her equi table share if Respondent were to dispose of said assets. 15. The parties filed a joint 1995 income tax l'eturn. Respondent cashed the income tax refund check by forging Petitioner'S signature. 16. Petitioner has been the primary driver of a Chevy . Celebrity since it was purchased new in 1988. Said vehicle is titled in Respondent's name. 17. Respondent is the primary driver of a 1995 Dodge pick- up truck. Said vehicle is titled in joint names, WHEREFORE, Petitioner prays this Honoroble Court to enter an Order: (a) Directing Respondent to pay Petitioner one half of balance of the joint checking account os it existed on the date of separation. (b) Prohibiting Respondent from disposing of marital property except by agreement of the parties or by Order of this Court. (c) Directing Respondent t.o pay Petitioner one- half of the 1995 income tax refund. SAlOIS, GUIDO, I SHUFF II MASLAND 26 w, IIIp 5_, c.ualo, PA (eI) Directin') both partie,; 1.0 sign the t.itle to the vehicle in the other party's possession with adjustment for the difference in value to be made at the time of final division of marital assets. 3 -' r1 '~ ". (/" ;.'l' ~(' ~-:'t_' cl" ,jll,' L1.., t.:, , " C. - III _1' '- o - + ::t. <x: -: (."1 ..4' J_." ):,' I'i , ' ',."j ; '~ I" " I, .~ ;g '< .~ €.. r -;; "" fi. ,.,' '..; I I ,,, ~, \,.') (" ~ j .., CIJ - 8 ~~~~~ ~ "'><~ffi~ o ~ioQ.;:: ~ OX~- ~ ~i:i~~ ~ ~~g: ~ u Q - < CIJ " , ", , , , , ,I . k oc T l'~ ? :996 dM . , " .' In the Court or Common Pleas or CUMBERLAND County I Pennsylvania DOMESTIC REl.ATJONS SECTION KATHLlIN L, HBBBRLIG ) Oll.:kel Number !i6'~846 CIVIL Plahldff ) VI, ) PACSES Case Number 63900007.~~~~ RANDOL p, HBBBRLIG ) Defendanl ) Other SllIle 10 Number ORDER AND NOW, to wit on this 10TH DAY OP MAY, ~OOO IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or <X> Other PBTITION POR A,P,L, filed on MAY 31, 1996 in the above captioned matter is dismissed without prejudice due to: TIll PINAL OIVORCB OBCRII! OP MARCH ~.. 199", o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. - ,...-....c_..... 1 awl RJ Shadda. xc: plaintiff deferdllllt ~ IIj ./5'-tn} - BY TH~ COURT: ",~."-"",, ,. , .' , , ~ Fdgar B. Bayley JUDGE Service Type M Form OE.~O~ Worker ID ~1005 "