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Home My WebLink About97-03757 I \", ~ ~ \)..,. ~ ~ ~ ~ ~ { i ,< :1 ,I 1 .-~ ~~~') .f ~ I, - .~ !) , - I j I \'-' I , '00 I t'-- ; ~ I t-- I 0"- . C) ~ I it!/ ~. >,..__~ ..,;i. . . LAW OFFICES OF ~E LAFAVER & SHEKLETSKI 414 BRIDGE STREET Z 143 b 1 5 142 POST OFFICE BOX E :W CUMBERLAND. PA, 17070 CERTIFIED , \ ...-. ....-.....1.............1'00 . . MAIL' c_ '~ II'IIIII~ 0000 c:---- "'-.., .'~-...., 17070 U.S, POSTAGE PAID NtH CUHB~R~f1NO. Ph RUCIIR. 999 RI10UNT $595 000S~111.01 ,. ::s:J ".1 ~'--4 f.;l ~~ -f). J c: ;..~ [-'i (1:\ ~:ry --r I d "l (.~ cr.. :~j ..... -- ; i (, ' , ltt:(f, .A,.. . /", . "'. ,- ~ }.rr.:. DJ ..' . f:t't E.!' '/ . ~ '. i i REOADER FROM I POSTAl , IOllMS SERVICE l-asa~aoea ""lAX .1~;oe!J . , REST REOAOER FROM POSfAl. '0/UlS SERVICE DEL t~~908a 1-Me-6Q9.goag " _,6i;.~:i,;'. ,''''"''~~~~''''''~''''''~'''''',"",,'h..~_.~~,,-.,.,, ,'.. ,.,.",,, ," ','" ...:";...",v~;;;;*""";,.":;.,i.,,.;_, . , oW, r.' '<~', 9;' v . ~ ... .. I i' 1 '. ! , , \ \ ,- ._;~-=--......-.-~---~-...:-~.;;..::.:.... STONE LAFAVER & SHEKLETSKI ATTORNEYS AT L.AW CHARLES H. STONE DAVID H, STONE GERALD J. SHEKLETSKI EUZABETH B. STONE 414 DRIDGE STREET POST OFFICE BOX E Nr.w CtJHJU~IU.MolU. P^ 17070 JON F. LAFAVER OF COUNSEL TEI.EPHONE C717J 774.7435 FACSIMILE (717) 774.30158 August 16, 1999 Mr. Robert E. Huggler 326A 6th Street New Cumberland, PA 17070 RE: Kimberly A. Huggler va. Robert E. Huggler No. 97-3757 Civil Term Dear Mr. Huggler: I enclose a certified copy of an Amended Divorce Complaint filed on behalf of your wife in the Court of Common Pleas of Cumberland County, Pennsylvania. Also enclosed is a Counter- Affidavit Under ~330l(d) of the Divorce Code to be filed by you within 20 days of the service of this Amended Divorce Complaint if you wish to deny any of the statements set forth in the afidavit. Please contact me or have your attorney contact me to discuss this matter. Very truly yours, /' STONE LaFAVER ~/SHEKLETSKI // /' . // / / - / EBS/krl Enclosures CERTIFIED MAIL NO. Z 143 615 142 RETURN RECEIPT REQUESTED cc: Kimberly A. Huggler (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit 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 ROBERT E. HUGGLER, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. -2- ... .-.... .. ""....... (0 ," t~ \.;.-, ~ti (1" ~ i . ~~i; , ~ '..; r-'i .. :. :~ - J"( ~('I ~'-) G .. -'- ~.:> =<! - --:... ..~-... 0 o.C' " r: ..0 .- -or. -3 D.~i : - 5:L ,,' - , - u)J ,:,: --:.;. y-.... ~ .-' .. .- ~~(: . ~-l' C: :1 PC' -..; '-" :=\ -< C,) . 1",'., '1 40 'wl... 'j ii, . ~ ... ,/ " ".!j:....:;) ....\ ;,";1" I " ., G2:IW' II '''''!1 rr1 1....1 Iv!,,;:" . l,~ ~'j ~;~ -!1 ::) ;.. . '...: ~ ~ ,~. incorpomtcd herein by reference. 9. Plaintiff fniled to serve on Dcfcndnnt nny Answers to Interrogntories or Responses to Request for Production by Fridny. February 13.2004, the last day allowed by said Order. 10. On Mondny. February 16. 2004,Plaintiff's counsel called Defendnnt's counsel and assured him that responses and answers would be filed Inter tlmt week. II. On Thursday, February 19, 2004 Plaintiff's counsel brought to Defendant's counsel's office a pile or assortment of documents nnd Defendant's Answers to Interrogatories. 12. Unfortunately, many of the Interrogatories were unanswered and other Interrogatories received pnrtially scribbled answers. The nnswers nre not signed by Plaintiff's counsel and they arc undated. Bya cover letter Plaintiffs attorney admits that some answers nre incomplete nnd tlmtthere nre unprovided documents. A copy of Plaintiff's alleged Answers to Interrogntories and the cover leller arc attached hereto, mnrked Exhibit "3" and incorpomted herein by reference. WHEREFORE, ROBERT E. HUGGLER, Defendnnt, respectfully requests this Honomble Court to enter nn Order authorized by Pennsylvania Rule of Civil Procedure No. 4019, including but not limited to, listing the case for final disposition by the Master. precluding Plaintiff from presenting evidence ntthe Mnster's Hearing, awarding ~ @. complete one Form "E" attached for each banking account (checking, passbook, NOW, statement savings, certificate of deposit, savings certificate, etc.) in which you now have or, since september 9, 1997 have had, any interest, ownership or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others, or as the beneficiary of an account held by another as custodial or trustee. Note: IRA's, Keough's or other bank retirement plans need not be mentioned here, see question 19. Enter here the number of Form "E's" attached /,~ of :L~7 state the name, business address and telephone number . 'l)l\b(.,,,...(r frvt'(jc..: 'i /()C~,-ltJ ... )'O(,.-/:2"2""Z.... (a) your present accountant and any accountant who has performed accounting services for you since september 9, 1997. ~~. your stockbroker or any securities brokerage firm ~ with whom you presentlY maintain an account or with whom you have maintained any account since September 9, 1997. Complete Form "F" for any and all bonds, stocks, other securities, mutual funds, and money market funds in which you noW have or, since September 9, 1997 have had any interest whatsoever whether individual, joint, as custodian or trustee for others or as the beneficiary of an account held by another as custodian or trustee. Include securities even if interest or dividends thereon are exempt from taxation. ~ ," -" , . '-' ~-, j) . " '" .-, , -, .-;~ "~,;. --.:;.=:-;------::--- ~.......~::-::.;.-.~ (.' {...) n 0 () c::: N "1 ~ :r.: ~O~ ., Q)',rf r:> .-j~:n <:: ~.- N ,- ;..t: ,.fn ~<'- U: .~"O r:.C " ~(~ '" ,-.I.: :t~ ;.~r =-.': ~:n :~() .Pi::: ~ :"'jnl ::.; ~ 5> -<; r" -< 0 ~ !J ~ ~ ~ "" ~ lut: ~ ~~~ ..... .~ QWS ~.~ w~z ~] "-II! ~i1i ~.~ o o...~ ii' ~ wcea:> ~8 H U - tn ' !ilE c !t>j:~~ . G ~ , o~~~;:: ~ ~~ ~ . . ~&3Od;: > lil Za:- ~ a:",::> I c:J",,,, ~ ~~ g " !!! "'a: a: <( Z X 8 ~u7 a fol !;; ~ ~ e . ~ ~ . . . . .. . - rm 1 1 1003 \:f .' , r' "^ ~.. n , " ~ ~-, , .' ;..~ c.) , J ._, , :,) -'.1 -~ 11. :;: t '""CJ c.. .. in .... '\; (r; I () i '~ LD ,"'. ('.j 0 HI" ~!;~ ; . c<1 :) !;,; 0 - 0 {~l ()C ~ rl c> -::t i,1' ("IS c. :----' j f;Jt l1) :;"1 - ~L " r'- ...j =;I ~ !_, ,,' \.,l j 'C. ~ rz...: OH III <Il~ :r. 0 3~ ..... ... 0 " ..... <: foo z 0 0 riI .,.., oj rJl ;:: !: P<<Il U ... '" . ~ .. ~~ a:: <: <: <ll . :5 ... < 2 ... 0 .... Ql a: Co > oj ..... &-< Il: . ~ .. . ~P< H ....... Ql Z 0 1II ~ t:l a::P< t:l H III u ... . ~ J III 8 j 0 . riI . ..: . .. u>< z ..:l &l ..:l z ... &-< H " P< ~ 0 z ii : f:lE5 " ..:l ~ ;; a: lD '" . S I 5 " 0 ...l w :! S 0 " u . &-<u z . 5 . 0 .. " a:: 0 . > III f " ::>t:l H ..: :r. . .. OZ &-< . 0 z u..: u ~ riI foo ~~ ..: rn ..:l riI f;l &-<~ H ~ riI .> tIl z OH H 0 HC,.)ZO >d a:: " STOSI~. LAF.'\\'HH: N: STOSE ~TTnllr,H:'''5 At I.AW 414 U""l'.:: "",HH~ET . . "",:,,- (:1'~II11:IiI..'I."'I'. ,..... 17010 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97 - 3r75~1 KIMBERLY A. HUGGLER, Plaintiff . . ROBERT E. HUGGLER, Defendant : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND OJ ,A 1M 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. IN 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. Court Administrator Fourth Floor Cumberland Countv Courthouse Carlisle. PA 17013 Telephone: (717\ 240-6200 fl\div\huggler.ccm\7-'7 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. q 'J - 037 )"} (~,;il ,&.., CIVIL ACTION LAW IN DIVORCE KIMBERLY A. HUGGLER, Plaintiff ROBERT E. HUGGLER, Defendant COMPLAINT 1. The Plaintiff in this action is KIMBERLY A. HUGGLER, an adult individual, who currently resides at 610 Bridge Street, Apt. #2, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant in this action is ROBERT E. HUGGLER, an adult individual, who currently resides at 610 Bridge Street, Rear apt., New Cumberland, Cumberland County, Pennsylvania, 17070. 3. The Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on August 23, 1979, at Camp Hill Alliance Church, East Pennsboro Township, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -1- ~ ~ ~ iq, ~ () Ii'- 0 ~:::cJ ~f: (") <=> 8 c: ,'-) -.- "" .., *,. -0(1. ,- '1~!] "1,:1 ~ Z;:',.' N 'II! :%1. ;,:: ~.:; c.; ~~;> ~C" ""') . ~.n t';CI '- 'j" . -~. .~: :~i~ ...~:C) - , , >l:. .. =, .-, '~ ~ :,.) :iJ '" ""' ~{ ~ --t:... , ~ --- r'" fA) >- ,..... E c- ~-~ '- l'.1~.; N ;~~;;r (J~-< -."'-, C...: . (;: .... ..- ..~ j!j(. '1::-..: 1 L 0 :;;LIi C~'. ~ .1._, :1'. ;:;-. C;;;-,: Lt! ~ ',iJtlJ C, ;";'c... i. :..: ': 11_. 0'\ .oj C' en U 2 C'> 0 N .." -, ~ ..-, -Jr;:-. " .- ,\11 o;t~ ' m ~,_ .l 1",) ...''0 z.: '1' ~,::.: c,,:, '~I.) r;.O ." ...... ~c-~ :--n ~. {.__~6 - L. ..;. ::>.'" jI' \ - -'i.-- ~ .? ~ ~ ~ C1' f& C\J ~ '-" .. (') IJ~., -- 8~ P.: {} :s: u.~ tir.::. u.. "1;;; iliO ~~~ .' o.tJ '., ~-~. - ..~. CtY L!> '~- r!: ::J ,. in ex !.._Cl.. I~. m ....: U ::l C1'\ U r..< 0.... tIJ~ i:J:4 ~ ..:1>4 e<: "'tIJ 0 z;;;iEi:; Of;l~Q 2"'E-oz o .~H u>4.... E-o> r..z.... I o::>u o E-out'-z e<: "'0 t:JQC'H oz<"\E-o U~'U t'-< ~ (}o =~ ..:I E-o'" .... z~oi:; HOZO t: ..... .., <: ..... e<:1ll ~.... ..:I'" <:J <:J $ . < >4 ~ ~ '" :e: .... ~ ..., " " .., <: III 't:l <: Il> ... .Il> e<:r::l ~ ..:I <:J <:J $ . . > ~ t; ~ '" o e<: E-o Z .... < ..:I '" :e: o U ~ III III ... ~ 0 III z .. III 0 0 III ~ ~ t; ~ en 2 .. .. .. ell ... ~ . = ~.: w ~ III ~ ~ g .. >< 2 ~ it " :: 0 m lR ~ ~ ~ :! ~ <~<~U ..:i . :0 - . " ~ Z o ... en ~ ~ -- ~ STONI!. LAFAVER & SIIBKLllTSKI AnORNEYS AT LAW 414 S,\IOGE ST~EET NBW CUHDEHLAND. ItA Ifu70 - .;(-'. ,...... ~ ) .... ..."1 (") .0 0 c: -.I " .' "" ::1 -rJ t ,~ r:.: ,i;n rJ'if': ~.) . /.~> ' N :;']~ ~:.~: ,1 ;"1. .'U '.: ' ..:,; .. ~.\. 'in ".f 0.'-'1 ~' Om ;'( , .~ ~ :,) ~ -- en f I. fl\dlv\lmail.rv..ff KIMBERLY A. HUGGLER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 97-3757 CIVIL TERM . . . ROBERT E. HUGGLER, : Defendant . CIVIL ACTION - IN DIVORCE . AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss. COUNTY OF CUMBERLAND ) I, ELIZABETH B. STONE, of Stone LaFaver & Stone, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Robert E. Huggler, at 610 Bridge Street, Rear Apt., New Cumberland, PA 17070, by United States Certified Mail, postage prepaid, restricted delivery on July 17, 1997, as evidenced by the attached Certified Mail return receipts. , ESQUIRE SWORN TO AND SUBSCRIBED before j this /U:oJ day of j'~, 1997. ~rt )(.' >f:.-u IUd Not publ:ic I ,,, ,.... I' , ' r.~ ~ l .\1 j.':" :- !," .'.L I ,: I' .C.' :.y. ; _ ,:.".' p.::::'-.-. I , ":"1 '.:\ __"~_'__~~_~ ~_., ____J ..-- ~.. ("OJ ,,') ',V " -..J . -.. J' :0 ~.!; ::~ '- , (,,'. ,. .',J ,:"'" :.';:.J r:: ~. , ,:;!?, )', ..,., .....\ ....=u ::.~c; _I t-, _(".oM ~ --:''':111 Q ::j -, :n ~. "'" ID ~ .""'="" -c"'7 ..7 .-:, IJ\dlY\h~ggL.r.cam\'." KIMBERLY A. HUGGLER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. . : ROBERT E. HUGGLER, . CIVIL ACTION LAW . Defendant . IN DIVORCE . COMPLAINT 1. The plaintiff in this action is KIMBERLY A. HUGGLER, an adult individual, who currently resides at 610 Bridge Street, Apt. #2, New Cumberland, Cumberland County, pennsylvania, 17070. 2. The Defendant in this action is ROBERT E. HUGGLER, an adult individual, who currently resides at 610 Bridge Street, Rear apt., New Cumberland, Cumberland County, pennsylvania, 17070. 3. The Plaintiff and the Defendant have been bona fide residents of the Commonwealth of pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The plaintiff and Defendant were lawfully joined in marriage on August 23, 1979, at Camp Hill Alliance Church, East pennsboro Township, Cumberland County, Pennsylvania. S. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. -1- P. I.C 0 \.D 'q ,., f,' ~ ..... c., "," n";.., -0 (h,:;j --'1.. ; t1:~.~ - -.r,., ."0 -.J ,d, J.. ;:',,::..: ;,4.J -,. -~ " ..., ~- '" I~:'!) ~,,~ ~. "M "-t--. ~ O' J>f= -< ~ => ~ C..., ...; .. l\' .'" 1;'-. ~\l 4'l ...:::.. ..... ,-. ?-:-: ~ r;: ,.~ ..~ .. ...... ,.. 1I,e' '" , '.; ( ,. 'i i'o.', 1..- 0, <.. : . ' t f.. ,~ .. l.o ~ J . ' o. I .... " ,- ..... ,.\ () s: w ~ o 0 t- z .. tIl 2 0 ~ ~ ti t:: cq:\",o: = a ~ E :i tI: U II) W ~ > J ~ " oJ ,:r; ~ t&I 0 or ..... 2 Z i w < .. cr III lC ..4 :: ~ " x ~ 0( :; 5 iii E ~ ~ c W o 7- t- tIl ., STONE, LAFAVEIl 8< STOSH ATTORNEYS AT LAW 4 L4 8RIDGE.StREET ... ~. N"W""'IIIBRI.AI I. I'A 17U7U ''..''1 'JUL 1 4 1~97 ..1 "~i~i) :all " . " ;; d L.:~ " ; ,~I . :".J \.!:, , fl\div\hu991er.pet\1-" KIMBERLY A. HUGGLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . 97. 3'7 \' 7 C<'l:':'( - v. . NO. ;,1- . . . ROBERT E. HUGGLER, . CIVIL ACTION LAW . Defendant . IN DIVORCE . PETITION FOR RESTRAINING ORDER AND PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE And now comes the Petitioner/Plaintiff, by and through her attorney, Elizabeth B. stone, and files the following petition for special relief averring as follows: 1. The Petitioner/Plaintiff in this action is KIMBERLY A. HUGGLER, an adult individual, who currently resides at 610 Bridge street, Apt. #2, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant in this action is ROBERT E. HUGGLER, an adult individual, who currently resides at 610 Bridge Street, Rear Apt., New Cumberland, Cumberland County, Pennsylvania, 17070. 3. Concurrently herewith, the Petitioner has filed a divorce action against the Defendant. 4. Plaintiff and Defendant jointly own real estate situate at 610 Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070. This property is a three-unit rental property. Plaintiff and -1- Defendant have lived in unit #2 with their two children, ages 12 and 17, for the last several years, while renting and collecting the income from the other two apartments. S. On or about May 5, 1997, Defendant moved out of Apt. #2, the marital residence, evicted the rear apartment tenant, and moved into the rear apartment on the marital residence property. 6. A support conference was held before a Domestic Relations Officer on June 12, 1997, at which time spousal and child support were awarded to the petitioner, who has always been a housewife, in the amount of $131.00 every week to be paid directly by the Defendant, who is self-employed, to the Plaintiff. 7. On or about July 9, 1997, Plaintiff arrived home after lunch to discover that Defendant was moving back into Apt. #2 against Plaintiff's wishes. 8. Prior to the parties separation on May 5, 1997, the Defendant hit, threatened and harassed Plaintiff numerous times wherein the New Cumberland Police Department were called several times to attend to the domestic disputes. 9. The New Cumberland Borough Police were summoned twice to the residence on July 9, 1997. There is currently no active PFA in place. 10. Plaintiff now fears for both her children's and her physical and mental health and safety if the Defendant is permitted to remain in the marital residence. -2- 11. Defendant has made ~t quite clear to Plaintiff that he refuses to allow her to seek both employment and a trade school probably knowing that this would facilitate her departure from him. 12. Defendant has continually undermined Plaintiff's parental authority to the point where the eldest son is already becoming a behavior problem. 13. Defendant has become so religiously preoccupied that he has begun citing scripture and book every time the Plaintiff attempts to deviate from Defendant's expectations of Plaintiff's "housewife duties" . 14. Plaintiff is concerned that Defendant's religious preoccupa- tion is now endangering both herself and her children. IS. Defendant refuses to let Plaintiff leave the house without first exhaustive and irrational questioning of her intentions. WHEREFORE, Petitioner prays your Honorable Court to issue an order requiring the Defendant: A. To be temporarily restrained from entering the marital home without the permission of the petitioner; B. Order that the Plaintiff is to have exclusive possession of the marital residence pending the outcome of the divorce and marital distribution of property; C. Order that Defendant is to remove any and all personal possessions from the marital residence located at 610 Bridge Street, New CUmberland, PA 17070, immediately; and -3- :>- '" f.: ~ Cl., ,,- .;:: ;r; ! ',~ ~.~ 1l1'-) C~ ).; " <" " c"t ~ i.: ~" ~,. . . ~ - , u..: q C. ,.... ~ liP __it IL ~ t:.i..:. \( " r.. Ll.' . ., (J~ ,:, 1- ~ Q <T () €) i1 '~ w ~ 0 0 t- z ... tIl 0 0 ;: !: . ~ ti ell . :\ < 2 '" .. 0: 0: . ~ In ,; 0 w u ~ ~ J en '" . ~ " z '" 0 = ~ 0 z ii: '" < ;; 0: " :: . S ...l w . .. . " iii 0 . " E " z . '" 0 Z t- tIl . , . , S'-OSI':. I.AF.\VI-:U IV SToNE "'hHH.l'Y', '" i"''fV ..14 hRW'''' ';'T~I'L~' ...."'- ll'''lilt HI..''''.' ",-\ 1701(1 .' 11\div\huggl.r.p.t\1-91 KIMBERLY A. HUGGLER, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. : NO. 97-3757 CIVIL TERM . . ROBERT E. HUGGLER, . CIVIL ACTION LAW . Defendant : IN DIVORCE RULE TO MAKE ABSOLUTE ON PLAINTIFF'S PETITION FOR RESTRAINING ORDER AND PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE And now comes the Petitioner/Plaintiff, by and through her attorney, Elizabeth B. Stone, and files the following RULE TO MAKE ABSOLUTE averring as follows: 1. The Petitioner/Plaintiff in this action is KIMBERLY A. HUGGLER, an adult individual, who currently resides at 610 Bridge street, Apt. #2, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant in this action is ROBERT E. HUGGLER, an adult individual, who currently resides at 610 Bridge Street, Rear Apt., New Cumberland, Cumberland County, Pennsylvania, l7070. 3. Plaintiff filed a Petition for Restraining Order and Petition for Exclusive Possession of the Marital Residence on July 11, 1997. 4. This Court signed an Order dated July 14, 1997, and issued a Rule to Show Cause upon the Defendant why the Relief requested should not be granted. The Rule was returnable fifteen (IS) days from date of service. -1- 11\div\1~11.rv..ll KIMBERLY A. HUGGLER, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 97-3757 CIVIL TERM ROBERT E. HUGGLER, Defendant . . CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE (') ,0 0 ~; _J ." -"n: .,. -! ~ no; :., niD -, :.:\. :....' I':'" .0 ;.... . .I~ ..;. ~. '-'. t:-,-, . -. . ~ 1 , ... ~ -rJ :?, ...{ .." ijlll ~. f . -, :.., .-'. :.) :q -.. In -. COMMONWEALTH OF PENNSYLVANIA) ) SSe COUNTY OF CUMBERLAND ) I, ELIZABETH B. STONE, of Stone LaFaver & Stone, attorneys for the plaintiff hereby certify that I served the Petition for Restrain- ing Order and Petition for Exclusive Possession of the Marital Residence together with a Rule to Show Cause dated July 14, 1997, in the above captioned matter on the defendant, ~obert E. Huggler, at 610 Bridge Gtreet, #2, New Cumberland, PA 17070, by United States Certified Mail, postage prepaid, restricted delivery on August IS, 1997, as evidenced by the attached Certified Mail return receipts. " ,,.'. . ..--....- ..... SWORN TO AND SUBSCRIBED befohe me this L!l:!!:.. day .... of uJu~ , 1991.' ./ ... EL!ZABETB~B. STO~E, Attorn7y at Law C-_.. ~~.X;""~ Not Public tlOTllhl';L ~.:AL KAYE n. LUC~EY. Nowy r""lI~ ...., Cumccrllad O~fO. Cumbo,laml Co. / CommIssion E.,,:~:~-!s !,hlr;h 27. :mo t --- KIMBERLY ANN HUGGLEI{, l'lalntiff : IN TIlE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO, 97-3757 ROBERT E. HUGGLEI{, Defendant : IN DIVORCE DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF FOR PLAINTIFF'S FAILURE TO ANSWER DEFENDANT'S INTERROGATORIES AND RESPOND TO DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS I. On August 22, 2002 Defendant served Interrogatories and Request for Production of Documents pursuant to the applicable Pennsylvania Rules of Civil Procedure upon Gary L. Ke\1ey, Esquire, counsel for PlaintilTKIMBERL Y ANN HUGGLER. 2. Under the Pennsylvania Rules of Civil Procedure the PlaintilTwas required to file her responses to the Request for Production of Documents and verified answers to the Interrogatories within thirty (30) days of service. 3. On October 31, 2002 Defendanl filed a Motion for Appointment of a Master. 4. Allhough the Master has been appoinled, lhe Masler refuses to take any further steps because discovery is nol complete. 5, On or aboul February 6, 2003 Defendant field a Motion to Compel Discovery and a hcaring wus hcld on Murch 20, 2003 lit which timc Dcfcndunt's MOlion to Compel wus grantcd as pcr thc Ordcr of Ihe Honorablc Kcvin A. Hess, u copy of which is anached hercto, marked Exhibit "I" und incorponltcd herein by refcrencc. 6. PluintifTwus givennincty (90) days, or until June I x, 2003..." to rcspond to outstunding discovery." 7. As of the date of filing of this Motion for Sanctions pursuant Pennsylvania Rule of Civil Procedurc No. 4019, PlaintitThas not filed any answer or rcsponses to discovcry requcsts. 8. PlaintifThas fuiled to comply with thc said March 20, 2003 Ordcr to the prcjudice and detriment of the Defendant, causing Defendant 10 incur additional expenscs, causing further delay of these proceedings and rcsulting in an abuse of the time and resources of this Court. WHEREFORE, ROBERT E. HUGGLER, Defendant, respectfully requests this Honorable Court to enter an Order authorized by Pcnnsylvania Rule of Civil Procedure No. 4019. including but not limited to immediutcly listing the cusc tor final disposition by the Master, precluding Plaintiff from presenting evidencc at the Master's Hcaring, award ~. POST-MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this:; !.{ day of June, 2004 by and between KIMBERLY A, HUGGLER of 61 0 Bridge Street, New Cumberland, Pennsylvania (hereinafter referred to as ("Kimberly"), and ROBERT E. HUGGLER of 223 South Third Street, Lemoyne, Pennsylvania(hereinafter referred to as "Robert"); WITNESSETH: WHEREAS, Kimberly and Robert were lawfully married on August 23, 1979 and divorced on November 29, 1999; WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Kimberly and Robert to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respcctive financial and property rights and obligations as between each other, including, witholltlimitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Kimberly by Robert or of Robert by Kimberly; and in general, the settling of any and all claims and possible claims by one against the other 01' against their respective estate, NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Robert and Kimberly, cach intending to be legally bound, hereby covenant and agree as follows: I. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreemcnt. 2, DISTRIBUTION DATE: The transfer of property, funds and/or documcnts provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein, 2 have against the other, upon or by reason of any maller, cause or thing up to datc of thc execution of this Agrccment, except any or all cause or causes of action for divorce and except any and all causes of action for breach of any provision of this Agrecmcnt. 6, DIVISION OF PERSONAL PROPERTY: The parties have heretofore divided their personal property to their mutual satisfaction. Henceforth, each ofthc parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated, which are now owned or held by or which may hereafter belong to Robert or Kimberly respectively, with full power to the Robert or the Kimberly to dispose of same as fully and effectually, in all respects and for all purposes as ifhe or she were unmarried. 7. DIVISION OF REAL ESTATE Robert shall convey to Kimberly all of his right, title and interest in 610 Bridge Street, New Cumberland, Cumberland County, Pennsylvania in exchange for Forty Thousand and 00/100 ($40.000.00) Dollars in cash at the time of the delivery of the deed, 4 with Robert if it becomes necessary to execute releases, waivers or other documents necessary to implement this paragraph, 11. COUNSEL FEES: Each party shaH be responsible for his or her own legal fees, 12. ADVISE OF COUNSEL: The provisions of this Agrcement and their legal effect have been fully explained to the parties by their respcctive counsel, Gary L, Kelly, Esquire, counsel for the Kimberly and Gregory R. Rced, Esquire, counsel for the Robert. The parties acknowledge that they havc received independent legal advice from counsel of their selection and that they fully undcrstand the filcts and have been fully informed as to their legal rights and obligations and they acknowledge nnd nccept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having recdved such advicc and with such knowledge and that execution of this Agrecment is notthc result ofnny duress or undue influencc and that it is not the rcsult of any collusion or improper or illegal agreement or agreemcnts. 6 of any jurisdiction, to share in the property or the state of the other as a result of the marital relationship, including, without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or available to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 19. SUCCESSOR AND ASSIGNS: This Agreement shall be binding on and inure to the benefit of the respective legatees, devises, heirs, executors, administrators, successors and assigns in interest of the parties and be forever binding and conclusive upon the parties. 20, BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. l) 21. VOID CLAUSES: Jfany term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in Iuw or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, 22. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only, They shall no effect whatsoever in detemlining the rights or obligations of the parties, 10 ,-, r ., 0 ~ ~.~ c':t -n ~ ,~ (.. -' f\l~ :. ~ ~., f1 'co',? (:\ (,.1,':1 i _ ~ .., -c .~{ .1"" -- ",' ~) J " '1~ ~~'I' q ..' ,.< C- .'1} -<, \J,) :~':.