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HomeMy WebLinkAbout08-0871 HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF SONYA M. RUGUMAYO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2008 - $ 1 CIVIL TERM DOUGLAS B. RUGUMAYO, : Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 SONYA M. RUGUMAYO, Plaintiff V. DOUGLAS B. RUGUMAYO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2008 - F11 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is SONYA M. RUGUMAYO, an adult individual residing at CMT 480, Box 1234, APO AE 090128, presently stationed with the U.S. Army in Stuttgart, Germany, but a resident of Cumberland County, Pennsylvania prior to her deployment overseas with the military. 2. The defendant is DOUGLAS B. RUGUMAYO, an adult individual residing at CMT 480, Box 1234, APO AE 090128, presently stationed with the U.S. Army in Stuttgart, Germany, but a resident of Cumberland County, Pennsylvania prior to his deployment overseas with the military. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on March 16, 2006 in Denmark. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. January 1z, 2008 A M. RUG YO, Plaintiff HAROLD S. IRWIN, IM Attorney for Plaintiff` 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 +_?ylr r; ? t71? rd r < C3'1 ? i r r' r rn 1 SONYA M. RUGUMAY09 Plaintiff V. DOUGLAS B. RUGUMAY01 Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008 - ti 71 CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to unsworn falsification to authorities. January " , 2008 Ities of 18 Pa. C.S. Section 4904 relating to , Plaintiff r i C7 C CD ? ` p Cry -k" c?_ N ?rn Ljo c n ap .? -G d 0 r-O 0 _.. ... rri cal -n cj , L ?J From:IRWIN LAW OFFICE 717 243 9200 04/19/2008 10:09 #011 P.003/003 SONYA M. RUGUMAYO, : IN THE COURT OF COMMON PLEAS OF plaintiff r CUMBERLAND COUNTY, PENNSYLVANIA rr. DOUGLAS S. RUGUMAYO, Defendant TO THE PROTHONOTARY: : CIVIL ACTION - LAW : NO. BOOS - 0671 CIVIL TERM R IN DIVORCE Please enter my appearance on behalf of the defendant in the above matter. TURO LAW OFFICE April,, 2008 BY: LEN R. WALTZ Attorney for Defen nt 28 South Pitt Street Carlisle, PA 17013 717-248-9688 Attorney ID No. 31 r ? ?> - . ? ?, ? - ?.; ' - r; _ fitiJ <.. '? ,. ?? h,? ?' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, SONYA M. RUGUMAYO, Plaintiff NO. 2008-871 PENNSYLVANIA ~I V. CIVIL ACTION LAW DOUGLAS B. RUGUMAYO, IN DIVORCE Defendant c _.~ ~ :~, :~ ~ in ~ rte-- e ."~ i;) =` ~' ~,~ F~RAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: I Ple se withdrawal my appearance on behalf of above cap Toned matter. Date: P captioned matter. n _•~ --~ x r=-- ~ ..,~ r :~: ~ T ~_~ u~ ~ ....~ ~~ i .;::. Date: ~ , ~~ . 1 ~ Mic a I cherer, Esquire I.D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 M. Rugumayo in the Harold S. Irwin, uire I.D. # 29920 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 ,..> 0 rv 0 .~..y I.;~ -..~ enter by appearance on behalf of Sonya M. Rugumayo. in ±he above SONYA M~ RUGUMAYO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v.l N0.2008 - 871 CIVIL TERM B. RUGUMAYO, IN DIVORCE Defendant NOTICE OF ELECTION TO RETAKE MAIDEN NAME is hereby given that the Plaintiff in the above matter, hereby elects to retake and hereafter se her previous narr~ of Sonya M. Hall. X prior to the entry of a Final Decree In Divorce or after the entry of a Final Decree In Divorce dated and gives his written notice avowing her intention ursuant to the provisions of 54 P.S.A. 704. Dated: ya M. Rugumayo TO BE KNOWN AS I! So .Hall On he f "~ ~`' day of ~~'~~ , 2010, before me, a notary public, personally appeared nya M. Rugumayo to be known as Sonya M. Hall, known to me to be the person whose na is subscribed to the within document, and acknowledged that she executed the foregoing ' r the purpose therein contained: IN ~111TNESS WHEREOF, I have hereunto set my hand and official seal. i i • G ~_ ~' ~s~~' k :~IEY N. IOPEI 044a 'v' .•~~ SIUTT6ART lAli C1R • ~ UN11 3001 ~•s• ., .,. •~Q~~`` APOAE091QI i~~~~n RTES ~0~~~~~ YJ~ i ~~ F f~~~31 Qf~iU~J~i o`~ f ~~~Q Q~~' Zfl ~~ ~Q~ Ct1htBERLA~kD CCa~.~rJT a' ~ ~ 17/~~ r .~ 3 , fir:, k,41 ~:'' .~ ~r~S_ t ~! ._ °, . ? i SONYA M. HALL , Formerly known as SONYA M. RUGAMAYO, Plaintiff V. DOUGLAS B. RUGAMAYO, Defendant IN THE COURT OF COMMON PLEA t CUMBERLAND COUNTY, PENNS?A Nf NO. 2008-871 CIVIL TERM IN DIVORCE PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO FINANIZE DIVORCE 1. The plaintiff is Sonya Hall, formerly Sonya Rugamayo, an adult individual who resides in Germany, with a mailing address of CMR 480, Box 1234, APO, AE 09128. 2. The defendant is Douglas Rugumayo, who is an adult individual who serves in the United States Army and is stationed at Ft. Bragg in North Carolina and is represented by Lorin Snyder, Esquire. 3. No Judge has been assigned to this case. 4. The Defendant objects to the relief requested in this Motion. 5. The parties were married on March 16, 2006. 6. Wife filed for divorce on January 18, 2008 and the parties have been separated since February, 2010. 7. The parties signed a marriage settlement agreement on August 10, 2011, which is attached hereto as "Exhibit A." 8. The parties own real estate which is titled to their names in Germany. 9. Paragraph 9.A.2. provides that Husband will transfer his ownership interest in the real estate to Wife. 10. Due to financing regulations, German law prohibits the transfer of the real estate from Husband to Wife unless Wife pays a substantial penalty that practically speaking she is unable to pay. See attached letter from Eve Peoples marked as "Exhibit B." 11. Husband refuses to conclude the divorce due to Wife's inability to transfer the German real estate into her name alone. 12. Pursuant to paragraph 9.A. of the Agreement, Wife is presently liable for all costs associated with the German real estate and Wife has agreed to indemnify Husband for such house related costs. 13. Husband has not asserted that Wife has refused to pay the expenses of the German real estate per the Agreement nor has Husband otherwise indicated that Wife's conduct is harming him financially. 14. Paragraph 12 of the Agreement provides that the parties will cooperate in securing a divorce decree. Husband is not cooperating in obtaining the divorce decree. 15. Wife is unable to obtain the full entitlements from her employer until a divorce decree is entered. 16. Husband is harming Wife financially by refusing to consent to the divorce. 17. Paragraph 13 of the Agreement provides that in the event a party is in breach of the Agreement, said party is responsible to pay the other party's legal fees. 18. Husband's conduct is in violation of the Agreement and Wife seeks her actual out of pocket legal expenses in filing this Motion to compel Husband to consent to the divorce. WHEREFORE, Wife requests that this Honorable Court: Require Husband to sign a 3301 C affidavit of consent so that the divorce can be concluded; or 2. Declare that the parties have been separated for in excess of two years so that a divorce can be entered under section 3301 D of the Divorce Code; and 3. Require Husband to pay Wife's counsel fees in the amount of $750.00. Respectfully submitted, BARIC SCHERER LLC Mich6eNA. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, PA 17103 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Plaintiff's Motion to Compel Defendant to Finalize Divorce are true and correct to the best of my knowledge, information and belief. This verification is signed by Michael A. Scherer, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Dated: y? t t ( L Mic ae . Scherer, Esquire CERTIFICATE OF SERVICE I hereby certify that on the day of Y 1 2012, I, Andrea M. Ramos, Secretary, of Baric Scherer LLC, did serve a copy of the Plaintiff's Motion to Compel Defendant to Finalize Divorce , by first class U.S. mail, postage prepaid, to the party listed below, as follows: Lorin Snyder, Esquire Turo Robinson 129 South Pitt Street Carlisle, Pennsylvania 17013 L_ Andrea M. Ra os, S tary MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this fe day of ?, 2011, by and between DOUGLAS B. RUGUMAYO, hereinafter referred to as "HUSBAND") and SONYA M. HALL (formerly Sonya M. Rugumayo, hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on March 16, 2006, in Denmark; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties, in consequence of which they have been living separate and apart and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives. Therefor, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all matters between them relating to the ownership and equitable distribution of real and personal property, the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and 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, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: it is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this agreement as "Marital Property", as between themselves, their heirs and assigns. It is the further purpose of this "Exhibit A" agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 2. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 3. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 8. DEBTS: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The HUSBAND shall assume all liability for and pay and indemnify the WIFE against any of his individual debts and represents and warrants to WIFE that since the date of separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and will not do so at any time in the future. B. The WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts and represents and warrants to HUSBAND that since the date of separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and will not do so at any time in the future. C. The parties agree that they have no joint debts except debt pertaining to their real estate at Hutteniechenweg 50C Stuttgart-Rohr 70565. The parties currently receive individually a partial military housing allowance. HUSBAND is to depart Germany on or about July 10, 2011, after which time HUSBAND will no longer receive a military housing allowance and WIFE will instead receive a full military housing allowance. The parties agree that WIFE will be responsible for 100% of the mortgage payments after HUSBAND departs Germany and WIFE receives the full military housing allowance. The parties agree to divide equally other expenses related to the property until such time that the property is transferred into WIFE's name alone. D. The parties currently have accounts open with USAA and Community Bank. The parties agree that both accounts will be closed. E. WIFE has transferred two credit cards into her name alone and will be solely responsible for all credit card debt associated with those accounts. 9. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. The following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: 1.) The WIFE is the owner of real property located at 17 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013. HUSBAND hereby releases to WIFE all his right, title and interest to said property and will execute a deed conveying his interest if required at anytime in the future. WIFE is solely responsible for all costs, expenses and liabilities associated with or attributable to this property, including without limitation any mortgages, home equity loans, taxes, insurance premiums, utilities, maintenance and repairs. WIFE agrees to and does hereby indemnify and hold HUSBAND harmless from any such liabilities. 2.) The parties are joint owners of real estate located at Hutteniechenweg 50C Stuttgart-Rohr 70565. Both parties will cooperate in the sale of this property to WIFE as soon as possible. HUSBAND will transfer his interest in the real estate to WIFE and, upon transfer, WIFE will be solely responsible for all costs, expenses and liabilities associated with or attributable to this property, including without limitation any mortgages, home equity loans, taxes, insurance premiums, utilities, maintenance and repairs. WIFE agrees to and does hereby indemnify and hold HUSBAND harmless from any such liabilities. B. PERSONAL PROPERTY: 1.) Motor Vehicles - Both parties hereby release to the other all motor vehicles as presently titled and in the possession of each other. Each party indemnifies and holds the other harmless from any debt or other liabilities associated with the vehicles owned by the other, including the provision of motor vehicle insurance. 2.) Bank Accounts - Each party shall retain their individual bank accounts free of any claim by the other party. The parties have no joint bank accounts. 3.) Employee Benefit and Retirement Plans - Each party shall retain all of their own employee benefit, 401(k), savings and/or retirement plans' proceeds and any survivor's benefits therein free of any claim by the other party. 4.) Other personal property - The parties agree that they have divided all of their remaining personal property, including, but not limited to furniture, household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as presently divided. Those items in WIFE's possession include, but may not be limited to those items listed on the attached Exhibit "A". In addition, the parties acknowledge that they have each acquired various items of property since their separation. Except as may be otherwise stated in this agreement, each party expressly waives and relinquishes any right, title or interest he or she may have in the property acquired by the other since the separation. Husband already has in his possession all items of personal property and household goods and makes no claim upon any of the items listed in Exhibit «A„ 5.) Life Insurance - Each party shall retain ownership of their respective life insurance policies and each waives the right to be the beneficiary of the other's policy. 10. INCOME TAX RETURNS: All future income tax returns will be filed separately and the parties will each retain any refund due to them. 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony, alimony pendente lite or spousal support before or after any divorce which may be granted. 12. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that contemporaneously with the execution of this agreement the parties will execute and file the consents and waivers necessary to obtain the divorce. If not done previously, HUSBAND shall sign and return the acceptance of service of the divorce complaint indicating receipt of it during the month of February, 2008. 13. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 15. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. WIFE's legal counsel is Michael A. Scherer, Esquire and HUSBAND's legal counsel is Lorin A. Snyder, Esquire. Both parties acknowledge and agree that they have received adequate assistance of counsel. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 19. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, 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 PERSONALLY APPEARED BEFORE ME, a notary public, this /0 day of v 1 , 2011, DOUGLAS B. RUGUMAYO, known tome (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. r Y p ` Notary Public EMEKA I. EMELIFE SPECIALIST, US ARMY PARALEGAL SPECIALIST PURSUANT TO 10 USC 10448 COMMISSION INDEFINITE PERSONALLY APPEARED BEFORE ME, a notary public, this ph day of a?-y , 2011, SONYA M. HALL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 3 10 U.S.C. =Z. 1,044 a - yvi?<S.?`? . blic SPC RASCON JACOB STUTTGART LAW CTR UNIT A P 0 AE 0409107 llPlli?^ Jl?ti'FES' ARMED BARRACKS, STUTTSART, GERMANY Exhibit "A" Personal Property to be Retained by WIFE All Kitchen appliances Living room tables White Kitchen set 17" Flat Screen Sony Monitor Sony Vaio Laptop Toshiba Laptop Bedroom Set All Wardrobes 2 Computer Desks Wicker Glass set with two chairs Lazy boy chair Turkish Furniture and all rugs White buffet Hutch Patio Furniture AFN Decoder with Stand German Phones 220 Microwave and all new Transformers and the old 75W transformer 26" Panasonic Flat Screen TV Sony DVD player Kenwood amplifier with Speakers Black storage shelves 2007 C70 convertible (in Plaintiffs name only) DVD collection Grill and lawnmower Bike All bathroom accessories Iron and Iron board Lexmark 220 printer Safe Book shelf and books in my office All storage containers that were previously mine All items that are for the Fireplace in the House in Germany Black Iron cast pictures on the wall Eve Peoples CMR 480 Box 1232 APO AE 09128-1232 011491627002086 eve.peoples ?hotr?,iail.corrn To whom it may concern, I have been providing official translation services for Ms Sonya Hall in her endeavor to gain full ownership of real estate property Huetiteneichrenweg 50 C, Rohr, in accordance with divorce settlement papers dated July 2011. In order to re-title the house Ms. Hall visited several banks and insurance representatives to refinance the house;and to establish a new mortgage protection insurance policy in keeping with German law and contractual obligations by Deutsche bank. I have assisted Ms. Hall along with the insurance companies in speaking to Frau Ursula Schmid, the loan officer at Deutsche Bank and have witnessed the Deutsche Bank representatives' refusal to cooperate in regards to Douglas Rugurmayo selling his half of the house to Ms.Hall. According to German law once you have secured financing on the house with a bank your obligation is for a minimum of 10-years before you can refinance without a penalty; at a minimum the bank can charge 39 percent of the original loan. Mr. Rugumayo would be responsible for 50% of this fee at a minimum. I have assisted Ms Hall in doing everything the bank has asked to ensure that even the foreign language would not cause any delays. Frau Schmids final response is that Ms Hall must pay the loan by herself for at least one year before Deutsche Bank will transfer the title to her as sole owner. Ms Hail is unable to receive the full entitlements from her job until the divorce is final. She must submit the court documentation signed by the State of Pennsylvania in order to receive full benefits to cover the cost of the mortgage. Regards, Eve Peoples WITH THE UViiED STATES ) APMrD FORCES Europe } § APO AE 09107.0401 } SWORIN and SUBSCWBED to and before rne y.....V'...........'P?.1.e .....................................iThis.............S'•t.•.R?il?M...f CO B Nome/ r1ie.. .................5, U.1 J k.9.6.1...1.A. C T R NOTARY Pu L1 o VS;: ; o?.u; U' N I 3 D b Q 1 No txp+ rrtiton dEtu / tJt wtr?f R,:i,t. '9d A P n A r n n 1 n IYt11??([?ff?/i U S.C. "Exhibit B" SONYA M. HALL , Formerly known as SONYA M. RUGAMAYO, Plaintiff V. DOUGLAS B. RUGAMAYO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-871 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this day of , 2012, upon consideration of the attached Plaintiff's Motion to Compel Defendant to Finalize Divorce, a Rule is issued upon Douglas B. Rugamayo, to show cause, if any there be, why the relief requested in the Motion should not be granted. SAID RULE RETURNABLE within twenty days of service upon counsel for husband. BY THE COURT, ? Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 Lorin Snyder, Esquire Turo Robinson 129 South Pitt Street Carlisle, Pennsylvania 17013 J. SONYA M. HALL, Formerly Known as SONYA M. RUGUMAYO, Plaintiff V. DOUGLAS B. RUGUMAYO, Defendant In r.., IN THE COURT OF COMMON PLEA Imo' CUMBERLAND COUNTY PENNS)&AA N M s , r-= NO. 2008 - 0871 CIVIL TERM IN DIVORCE DEFENDANT'S ANSWER AND NEW MATTER TO MOTION TO COMPEL DEFENDANT TO FINALIZE DIVORCE Admitted. 2. Admitted and Denied. While Husband is currently stationed in North Carolina, he is deployed in Afghanistan. 3. Admitted. 4. Admitted and Denied. Husband intends to consent to issuance of a divorce decree; however, Husband is reluctant to sign the corresponding documents while Wife refuses to comply in good faith with the Agreement. 5. Admitted. 6. Admitted and denied. Wife did file for divorce on January 18, 2008, however Husband believes the parties' date of separation is more recent than that indicated by Wife. 7. Admitted. 8. Admitted. 9. Admitted. 10. Defendant is without sufficient information to provide an answer. Insofar as an answer is required, this paragraph is Denied. Wife has merely attached the transparently unreliable hearsay document of a German-English translator. Strict proof is demanded. 11. Denied. To state the situation accurately, Husband is withholding consent temporarily due to Wife's bad faith failure to satisfactorily resolve the parties' real estate issues. 12. Admitted. Wife, however, has not indemnified Husband for any house- related costs to date. 13. Denied. Husband has indicated to Wife that Wife's conduct is harming him financially and Wife is well-aware of Husband's ongoing financial expenses related to her failure to transfer title to the property. 14. Admitted and denied. Paragraph 12 does indicate the parties will cooperate in securing a divorce decree. Husband fully intends to consent to issuance of a divorce decree; however, Defendant is reluctant to sign the corresponding documents while Wife refuses to comply in good faith with the Agreement. 15. Husband is without sufficient information to answer. Strict proof is demanded. 16. Husband is without sufficient information to answer. Strict proof is demanded. 17. Admitted. 18. Denied. Husband fully intends to consent to issuance of a divorce decree; however, Defendant is reluctant to sign the corresponding documents while Wife refuses to comply in good faith with the Agreement. WHEREFORE, Husband requests this Honorable Court to deny Wife's request for counsel fees. DEFENDANT'S NEW MATTER/ CROSS-MOTION TO COMPEL 19. Paragraphs 1 through 18 are incorporated herein as if fully set forth. 20. Husband has remained diligent in urging Wife to move forward in good faith and in good time and to provide him with information concerning her efforts to transfer title to the German real estate. 21. Wife has been neither forthcoming with information nor forthright with the information she has supplied. 22. Wife provides Husband with information that is contradicted by the bank when Husband contacts the bank to confirm. 23. Wife has delayed for years the process of transferring sale of the real estate. 24. Husband suffers constant pecuniary loss as a result of Wife's bad faith failure to resolve the matter either by transferring title, selling the property outright, or working with Husband to rent the property. 25. Husband has paid and continues to pay half of the mortgage on said real estate solely for Wife's benefit, the only resident of the home. 26. Consequently, Husband must maintain two households throughout this divorce while Wife continues to reside in the home currently subsidized by Husband. 27. It is Husband's understanding that the German bank informed Wife that she is financially unable to maintain ownership of the home and that the property should thus be sold. 28. Despite the bank's advice and her clear inability to afford the residence, Wife refuses to either sell or rent the property and instead insists on remaining in the home to the financial detriment of both Husband and Wife. 29. Husband did not intend to allow Wife to force him to remain jointly encumbered by a mortgage for her residence following issuance of a divorce decree. 30. Wife's conduct is in violation of the Agreement and Husband seeks his actual out-of-pocket legal expenses in defending, filing and litigating this Motion and to compel Wife to comply with the Agreement. 31. With satisfactory resolution of this vital property issue, Husband will file his Affidavit of Consent and Waiver of Intention to Request Entry of a Divorce Decree without delay. WHEREFORE, Husband requests this Honorable Court to: 1. Compel Wife to either rent the property with proceeds paid equally to Husband and Wife, or 2. Compel the sale of the property, and 3. Require Wife to pay Husband's counsel fees in an amount commensurate with relevant fees at the conclusion of this matter. Respectfully submitted, TURO ROBINSON Date LoL.Snyder, Esquire PA 99 12 itt Street," Ca717-245-9688 Attorney for Defendant I VERIFICATION As the Defendant is currently deployed in Afghanistan and is unavailable to sign, I verify that the statements made in the foregoing Defendant's Answer and New Matter to Motion to Compel Defendant to Finalize Divorce are true and correct to the best of my knowledge and belief from information provided by Defendant. I I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. C) S/0 Date CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of Defendant's Answer and New Matter to Motion to Compel Defendant to Finalize Divorce upon Michael A. Scherer, Esquire by depositing same in the United States Mail, first class, postage pre-paid on the Fourth day of May, 2012, from Carlisle, Pennsylvania, addressed as ,i follows: Michael A. Scherer, Esquire Baric Scherer 17 West South Street Carlisle, PA 17013 TURO ROBINSON yder, quire 129 Pitt 'tree Carl17013 Lori725-9688_',', (71Attoefendant Cd SONYA M. HALL, Formerly known as SONYA M. RUGAMAYO, Plaintiff V. DOUGLAS B. RUGAMAYO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-871 CIVIL TERM IN DIVORCE ORDER OF COURT .0 ?-- " ?j AND NOW, this day of kA , 2012, upon consideration of the within Motion, a conference is set with counsel for the 1 tgp day of J'i&I A , 2012 at j-? a.m./pm., in Courtroom No. i of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT, A bert Masland, J. /Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 '/Lorin Snyder, Esquire Turo Robinson 129 South Pitt Street Carlisle, Pennsylvania 17013 Np;es ivw'.'Ied //z J/a Cil Avg. SONYA M. HALL, Formerly Known as SONYA M. RUGUMAYO, Plaintiff V. DOUGLAS B. RUGUMAYO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08 - 0871 CIVIL TERM IN DIVORCE ORDER OF COURT ,-,;9 AND NOW, this, day ofl" , 2012, by agreement of the parties, the conference with counsel previously set for the 16th day of July, 2012, is hereby continued to the 31st day of July, 2012, at 8:30 a.m., in Courtroom No. /- of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT, ?e Albert H. Masla d, J. ? Michael A. Scherer, Esq. Baric Scherer LLC 19 West South Street xrnw r" Carlisle, PA 17103 fir-- C. n V Lorin A. Snyder, Esq. n. Turo Robinson ?} 129 South Pitt Street Carlisle, PA 17013 - =' 'Ns 1?? P? 7 JS?j ? ??G SONYA M. HALL, formerly known as SONYA M. RUGAMAYO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0871 CIVIL TERM V. CIVIL ACTION-LAW :z rn DOUGLAS B. RUGAMAYO, IN DIVORCE Defendant ? p AFFIDAVIT OF SERVICE -3 I, Michael A. Scherer, Esquire, attorney for the Plaintiff, hereby certify that I served Lorin Snyder, Esquire, attorney for the Defendant, by hand delivery with Plaintiff's Affidavit Under Section 3301(d) on July 31, 2012. MW c c-? i N "O Z C.,l Scherer, Esquire SONYA M. HALL, Formerly known as SONYA M. RUGAMAYO Plaintiff V. DOUGLAS B. RUGAMAYO, Defendant NOTICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0871 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in January 12 of 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand tl, false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating unsworn falsification to authorities. LAO )-, Da M_ ?_, NnS M. Hall SONYA M. HALL, Formerly known as SONYA M. RUGAMAYO Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-0871 CIVIL TERM V. rr =1 rwn DOUGLAS B. RUGAMAYO, CIVIL ACTION-LAW Defendant IN DIVORCE r- CQ > ?-; :z C) NOTICE If you wish to deny any of the statements set forth in this affidavit, you must fil*a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE rya m N 't7 ca 1. The parties to this action separated in January 12 of 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand tF false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating unsworn falsification to authorities. Date: V CD -a CD r:? r• __ __ 8ONYA M. HALL, Formerly known a 8ONYA M. RUaAN~YO, PlaintNf v. DOUGLAS B. RUGAMAYO, ; Dehndant 1, Cheok either (a} or (b} IN THE COURT OFCp~~ ON PLBAB OF CUMBERLAND COUNTY, PENNBYWANIA N0. ZQ08-0e71 CIVIL TERM CIVILACTION-LAW IN DIVORCE c c c~ .~ -~' ~`' -~ s~, A ~~ z z ~,-c - =` x w ~: -r c~ -~ {a) ,~ I do not oppoep the entry of a dlvoroe deora {b) ~ I oppose t~h1e entry of a divoroe decree because (Check (I), (II), or both). ~~ ,t'1 •?IdN ) u ~MP~%. . {i) ~ The ~rtles to #~la aotbn have not Ilved eepernlee and apart for a period o/ at inset two yearn. {fi) ~ The marri~e le not irretrievab~r broken. 2. Check either (a) or (b); (a)~I do not wish to make any claims for eoonomb nlisf, i unden~land that I may Iose my rlghls oonoeminq 2N alimony, divielon of property, lawyer's fees or r N I do not claim them bebn a divorce le granted. (b) /~wlsh ~ olatm eoonomb relitrf which may Inoluc~ alimony, division of property, lawyer's fees or expenses or other Important right. I unden~nd that in addition to checking (b) above, I must also file all of my eoorwmfo vialms wkh the prothonotary in writing and eenn them on the other pity, F I fall to do •o before the date set forth on the Note of irtentlon to Request Dtvora Decree, the divonoe deans may be entered without further no0oe tome, and I shall be unable thereafter to fae any eoonomia claims. I wrifsr that ~e statements made In this oourder-affidavit an true and oor~not, undereand that hiss shtemenb herein an made subs to the penahla of 10 Pa, C.B. ~ 4004, relatirtq bo unswom falsligoadon to authorides. Date; ~ ~ ~ ~ ( o~lo l 2 -~ Douglas B. Ruq~nayo NOTICE; M you do rrot wish to oppose the entry of a dlvoros decree and you do not wl~h to make any o~im br economic relief, you should not file tills al~dwit. SONYA M. HALL, FORMERLY KNOWN: IN THE COURT OF COMMON PLEAS OF AS SONYA M. RUGAMAYO, :CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : V. DOUGLAS B. RUGAMAYO, DEFENDANT 08-0871 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2012, following a hearing on PlaintifFs Motion to Compel Defendant to Finalize Divorce, and following argument and discussion with counsel and the parties in search of a mutually beneficial resolution which in fact cleared the way, we ORDER AND DIRECT as follows: 1. Upon entry of the divorce decree, and pursuant to the terms of the Marriage Settlement Agreement dated August 10, 2011, Wife shall be solely responsible for the timely, full payment of the parties' joint mortgage with Deutsche Bank regarding the subject property located at Hutteniechenweg 50C Stuttgart-Rohr 70565. 2. In furtherance of the parties' obligation under the aforesaid Agreement to cooperate in the sale and transfer of the aforesaid property, Wife shall provide quarterly reports including documentation to Husband of her efforts to refinance the joint Deutsche Bank mortgage. . 08-0871 CIVIL TERM 3. Within thirty (30) days of this order, Husband shall execute a consent to the divorce. Should he fail to do so the court will enter an appropriate order finalizing the divorce. By the Court, Albert H. Masland, J. /Michael A. Scherer, Esquire For Plaintiff V Lorin Snyder, Esquire t'> c ~.~, _rE _, For Defendant a N :sal (:~ ~ ; eS /Ua~ ~~ ~~~j3 v ~' ~ w ~ ° o P ~~ . < .. ~Q -o 3 o~ ~`, ~ ~ C3 DC N C j ~~~` . --{ --~,. ~ = ~' _. _ - _ ._ „ -_ SONYA M. HALL, formerly known as SONYA M. RUGUMAYO, Plaintiff v. DOUGLAS B. RUGUMAYO, Defendant .~ a ...,: c~.:.t _ IN THE COURT OF COMMON PLI CUMBERLAND COUNTY, PENN~/IA ~~a4'?,-~. v~ ! - ~'.' ~,. NO. 08 - 0871 CIVIL TERM ~ ~. ~ ~ `-='. CIVILACTION -LAW --=- cs ~~- ' IN DIVORCE `"' ~ " AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C1 OF THE DIVORCE CODE 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on February 6, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will 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 Prothonotary. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. ~.G1~~ li ~'t Date `~~ Douglas B. Rugumayo Sonya M. Hall f/k/a Sonya M. Rugamayo IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION Douglas B. Rugamayo 2008-0871 CIVII EFGd NO . r M -' r- Z PRAECIPE TO TR r ( ? CD ANSMIT RECORD To the Prothonotary: r' _ 'j- Transmit the record, together with the following information, to the court for entry of a divc5ice4; decree: 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Attorney for defendant signed Acceptance of Service on February 11, 2008 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 11/15/2011 ; by defendant 11/22/2012 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: N/A 4. Related claims pending: None 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: 11/28/2011 Date defendant's Waiver of Notice was filed with the Prothonotary: 12/3/2012 4U Att ey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA SONYA M. HALL, f/k/a Civil Action - Law c-; SONYA M. RUGAMAYO, : Divorce rn Plaintiff/Respondent (.n.7- • v. : No 08 - 0871 Civil Term =� = DOUGLAS B. RUGAMAYO, • r ' • Defendant/Petitioner PETITION FOR CONTEMPT OF COURT ORDER AND NOW COMES, Douglas B. Rugamayo, (correct spelling Rugumayo) by and through his attorney, Jane Adams, Esquire, and files the following Petition for Contempt, and in support thereof respectfully represents as follows: 1. Plaintiff/Respondent is Sonya M. Hall, (hereinafter "Respondent"); she is currently represented by Michael A. Scherer, Esquire. 2. Defendant/Petitioner is Douglas B. Rugumayo, (whose name is incorrectly spelled as Rugamayo under the above-captioned matter, hereinafter "Petitioner"), who is currently active in the military and stationed in Fort Bragg, North Carolina. He is represented by Jane Adams, Esquire. 3. On November 13, 2012, a court Order (see Exhibit A) was entered by this Honorable Court which directed that: a)Respondent would be solely responsible for the timely, full payment of the parties'joint mortgage with Deutsche Bank regarding property located at Hutteniechenweg 50C Stuttgart-Rohr, Germany; and b) Wife would make quarterly reports including documentation to Husband regarding her efforts to refinance the Deutsche Bank mortgage. 4. Since the Order was entered, Husband has been paying half the mortgage because he has not had assurance from Wife that she would make the entire payment. 5. On April 3rd, 2013 and April 23, 2013, Petitioner's counsel wrote to Respondent's counsel and requested documentation regarding her efforts to refinance the mortgage obligation on the home in Germany. 5. On April 3rd, 2013 and April 23, 2013, Petitioner's counsel wrote to Respondent's counsel and requested documentation regarding her efforts to refinance the mortgage obligation on the home in Germany. 6. To date, since the November 13, 2012 Order has been entered, Respondent has not been solely responsible for the timely, full payment of the parties'joint mortgage obligation with Deutsche Bank and she has not provided documentation regarding her efforts to refinance. 7. Petitioner is requesting relief in the form of an Order which: a) Directs Respondent to immediately provide documentation regarding her efforts to refinance; and b) Directs Respondent to make the full mortgage payment on the date due every month and provide immediate documentation to Husband showing the full mortgage payment has been paid; c) Directs Respondent to sell the property if she cannot refinance within (60) days, and to solely be responsible for all costs associated with said sale, and; d) Finds Respondent in contempt of the Order and directs her to pay Petitioner's attorney's fees; and e) Any other relief this Honorable Court finds appropriate. WHEREFORE, Petitioner, Douglas B. Rugumayo, respectfully requests this Honorable Court to find Respondent in contempt and grant the requested relief. Respectfully submitted, L Date: (9IyIi c/1 J e Adams, Esquire V. No. 79465 W. South St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Petitioner SONYA M. HALL, FORMERLY KNOWN: IN THE COURT OF COMMON PLEAS OF AS SONYA M. RUGAMAYO, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF • V. • DOUGLAS B. RUGAMAYO, • DEFENDANT : 08-0871 CIVIL TERM ORDER OF COURT AND NOW, this / day of November, 2012, following a hearing on Plaintiffs Motion to Compel Defendant to Finalize Divorce, and following argument and discussion with counsel and the parties in search of a mutually beneficial resolution which in fact cleared the way, we ORDER AND DIRECT as follows: 1. Upon entry of the divorce decree, and pursuant to the terms of the Marriage Settlement Agreement dated August 10, 2011, Wife shall be solely responsible for the timely, full payment of the parties' joint mortgage with Deutsche Bank regarding the subject property located at Hutteniechenweg 50C Stuttgart-Rohr 70565. 2. In furtherance of the parties' obligation under the aforesaid Agreement to cooperate in the sale and transfer of the aforesaid property, Wife shall provide quarterly reports including documentation to Husband of her efforts to refinance the joint Deutsche Bank mortgage. e)\-ketvp . . 08-0871 CIVIL TERM 3. Within thirty (30) days of this order, Husband shall execute a consent to the divorce. Should he fail to do so the court will enter an appropriate order finalizing the divorce. By the Court, Albert H. Masland, J. /Michael A. Scherer, Esquire For Plaintiff TY V Lorin Snyder, Esquire For Defendant _co p T- rrt :sal c;r,p e,5 Made" 4/34.1, w °o VERIFICATION I verify that the statements made in these interrogatories 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. l Date: 3 ( / 3 Douglas B.RUGU 'YO,Petitioner V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA SONYA M. HALL, f/k/a Civil Action - Law SONYA M. RUGAMAYO, : Divorce Plaintiff/Respondent V. No. 08 - 0871 Civil Term DOUGLAS B. RUGAMAYO, Defendant/Petitioner RULE TO SHOW CAUSE AND NOW, this day of �CT Gc� , 2013, upon consideration of the attached Petition, a Rule to Show cause is issued upon the Respondent, Sonya M. Hall, as to why the relief requested by Petitioner should not be granted. Rule Returnable days after service of the Rule and Petition upon Respondent's counsel. BY THE COURT: J. cc: "Michael Scherer, Esquire Jane Adams, Esquire MW r? C y �. SONYA M. HALL, IN THE COURT OF COMMON PLEAS Formerly known as CUMBERLAND COUNTY, PENNSYLVANIA SONYA M. RUGUMAYO, Plaintiff V. NO. 2008-871 CIVIL TERM DOUGLAS B. RUGUMAYO, Defendant IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR CONTEMPT r, AND NOW, comes Sonya M. Hall (hereinafter "Wife") by and through hap- C-0 attorney, Michael A. Scherer, Esquire, and respectfully answers the Petition15vin, ta `-'F= Contempt filed by Douglas Rugumayo (hereinafter "husband") as follows: 1.—6. Admitted. e=CD 7. No response is required. `r NEW MATTER 8. Wife is unable to refinance the home in Germany. Wife has selected a realtor who has created a marketing piece and who either has or will list the home for sale. WHEREFORE, Wife respectfully requests that the Court defer action in this matter to allow for sufficient time for the home to be marketed and sold. Respectfully submitted, BARIC SCHERER LLC M' hae A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Plaintiff's Answer To Defendant's Petition For Contempt are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. JA A A UIA,) chael A. Scherer, Esquire DATE: July 11, 2013 CERTIFICATE OF SERVICE I hereby certify that on July 11, 2013, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of Plaintiff's,Answer To Defendant's Petition For Contempt , by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jane Adams, Esquire 17 West South Street Carlisle, Pennsylvania 17013 e ni . Linds SONYA M. HALL, f/k/a Civil Action - Law E:E SONYA M. RUGAMAYO, Plaintiff Divorce L-X3 C— rr V. No. 08 - 0871 Civil Term DOUGLAS B. RUGAMAYO r"C..) Defendant =6 PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: I-Wo Please withdraw the appearance of -, Esquire, as Attorney of record for Douglas B. Rugumayo. Respectf I Submitted: Date: 0'7//7/13 Lo n Snyder, squire I. No. i itt St. ft St. Carlisle, Pa. 17013 (717) 245-9688 Please enter the appearance of Jane Adams, Esquire as Attorney of record for Douglas B. Rugumayo. Respectfully Submitted: Date: ne dams, Esquire C I.D. o. 79 Sout h 465 1 South St. Carlisle, Pa. 17013 (717) 245-8508 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA --s Cl.) ..5'1 Y SONYA M. HALL, f/k/a : Civil Action - Law -1-0 } SONYA M. RUGAMAYO, : Divorce Plaintiff/Respondent : r v. : No 08 - 0871 Civil Term '"" DOUGLAS B. RUGAMAYO, • Defendant/Petitioner • MOTION TO MAKE THE RULE ABSOLUTE AND NOW COMES, Douglas B. Rugumayo, (incorrectly spelled in the caption as "Rugamayo'), by and through his attorney, Jane Adams, Esquire, and files the following Petition for Contempt, and in support thereof respectfully represents as follows: 1. Plaintiff/Respondent is Sonya M. Hall, (hereinafter"Respondent"); she is currently represented by Michael A. Scherer, Esquire. 2. Defendant/Petitioner is Douglas B. Rugumayo, (whose name is incorrectly spelled as Rugamayo under the above-captioned matter, hereinafter"Petitioner"); he is currently active in the military and stationed in Fort Bragg, North Carolina. He is represented by Jane Adams, Esquire. 3. Pursuant to the parties' divorce an Order was entered on November 13, 2012, which provided that: a)Respondent would be solely responsible for the timely, full payment of the parties' joint mortgage with Deutsche Bank regarding property located at Hutteniechenweg 50C Stuttgart-Rohr, Germany; and b) Respondent would make quarterly reports including documentation to Husband regarding her efforts to refinance the Deutsche Bank mortgage. 4. On June 7, 2013, Petitioner, filed Petition for Contempt of a court Order because Wife had not complied with the court Order. 5. On June 10, 2013, a Rule to Show Cause (See Exhibit A) was entered by this Honorable Court which was returnable in thirty (30) days. 6. On July 11, 2013, Respondent's Attorney filed a response in which he asked for sufficient time for the home to be marketed and sold. The response also admitted Petitioner's allegations 1-6. 7. In the three months since Petitioner filed his petition for Enforcement, Wife has not been responsible for the full and timely payment of the mortgage with Deutsche Bank and at no time has she provided any quarterly reports about her efforts to refinance the Deutsche Bank mortgage. 8. Husband is requesting that Wife be found in contempt of the court's prior Order. 9. Husband is requesting relief including but not limited to the following: a) copies of documentation regarding her efforts to refinance; and b) compensation for the amount Husband has paid towards the Mortgage since the entry of the November 2012 Order. c) an Order directing Respondent to immediately sell or rent the property and to solely be responsible for all costs associated with said sale, and; d) reimbursement of Petitioner's attorney's fees to handle this matter; e) Any other relief this Honorable Court finds appropriate. 10. Wife is not in agreement with the relief requested. S 11. This matter was previously assigned to Judge Masland. WHEREFORE, Petitioner, Douglas B. Rugumayo, respectfully requests this Honorable Court to find Respondent in contempt and grant the requested relief. Res•ectfully submitted, Date: cZ - 6 _ - • Jan= •dams, Esquire I.►. No. 79465 7 . South St. arlisle, Pa. 17013 (717) 245-8508 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA SONYA M. HALL, f/k/a : Civil Action - Law SONYA M. RUGAMAYO, : Divorce Plaintiff/Respondent v. : No. 08 - 0871 Civil Term DOUGLAS B. RUGAMAYO, • Defendant/Petitioner RULE TO SHOW CAUSE AND NOW, this /0 ay of -Vt4 yy , 2013, upon consideration of the attached Petition, a Rule to Show cause is issued upon the Respondent, Sonya M. Hall, as to why the relief requested by Petitioner should not be granted. Rule Returnable 30 _ days after service of the Rule and Petition upon Respondent's counsel. BY THE COURT: J. cc: Michael Scherer, Esquire Jane Adams, Esquire em -< -- -- _ - 6.7 4.• CERTIFICATE OF SERVICE 1f- AND NOW, this September 2013, I, Jane Adams, Attorney for Douglas B. Rugamayo, hereby certify that a copy of the attached MOTION has been forwarded to the following parties, by placing such in the custody of the United States Postal Services, with first class postage, addressed to: Mike Scherer, Esquire 19 W. South St. Carlisle, Pa. 17013 ATTORNEY FOR PLAINTIFF it a J/e Adams, Esquire 16. No. 79465 ' 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER SONYA M. HALL, FORMERLY KNOWN: IN THE COURT OF COMMON PLEAS OF AS SONYA M. RUGAMAYO, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF • V. • • DOUGLAS B. RUGAMAYO, • DEFENDANT : 08-0871 CIVIL TERM ORDER OF COURT AND NOW, this day of September, 2013, upon consideration of Defendant's Petition for Contempt, Plaintiff's Answer thereto and Defendant's Motion to Make Rule Absolute, we ORDER AND DIRECT as follows: 1. Plaintiff shall provide documentation regarding her efforts to refinance the obligation on the marital home. 2. Plaintiff shall reimburse Defendant for any amounts he has paid toward the mortgage subsequent to the entry of the November 13, 2012 order of court. 3. Plaintiff shall provide Defendant with documentation that she has selected a realtor who has, indeed, placed the home on the market. 4. Plaintiff shall also provide Defendant with monthly updates on the progress of the sale of the residence through final settlement of the property. 5. The court reserves the right to award attorney fees if and when presented with appropriate documentation and/or following a hearing thereon. By the Court, - — „? Albert H. Maslan , J. Cr) cn 12 _ryf rrn f.,y C_') • Michael A. Scherer, Esquire For Plaintiff J‘-le Adams, Esquire For Defendant :sal OCT l'es i'Lc L c'/3.03 SONYA M. HALL, • IN THE COURT OF COMMON PLEAS OF Formerly known as : CUMBERLAND COUNTY, PENNSYLVANIA SONYA M. RUGAMAYO • v. NO 2008-871 CIVIL TERM c • • DOUGLAS B. RUGAMAYO, • CIVIL ACTION-LAW Defendant IN DIVORCE co • MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Michael A. Scherer, Esquire, counsel of record for the Plaintiff, Sonya M. Hall, and respectfully represents as follows: 1. Undersigned counsel is counsel of record in this matter for the Plaintiff, Sonya M. Hall. 2. On September 26, 2013, Sonya M. Hall sent undersigned counsel an email which stated "Mike, I am no longer soliciting your services as my attorney effective today." 3. Undersigned counsel has been discharged by his client and pursuant to Rule of Professional Conduct 1.16(a)(3) undersigned counsel must withdraw his representation of her in this case. 4. Sonya M. Hall has been provided a copy of the Petition to Make Rule Absolute which is pending before the Court. 5. Sonya M. Hall has indicated to undersigned counsel that she does not intend to employ substitute counsel at this time. 6. Honorable Albert Masland has been assigned to this matter. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court enter an Order directing undersigned counsel to withdraw as counsel for Sonya M. Hall in this matter. Respectfully submitted, BARIC SCHERER LLC Mich A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. q Mic'a°I . Sc erer, Esquire Dated: t (3° 13 CERTIFICATE OF SERVICE I hereby certify that on O nI`btr ` , 2013, I, Lauren E. McVaugh, secretary at Baric Scherer LLC, did serve a copy of the Motion To Withdraw As Counsel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jane Adams, Esquire 17 W. South Street Carlisle, Pennsylvania 17013 Sonya Hall CMR 480 Box 1234 APO AE 09128 AUfPfl rA! Lauren E. McVaugh I SONYA M. HALL, IN THE COURT OF COMMON PLEAS OF Formerly known as : CUMBERLAND COUNTY, PENNSYLVANIA • SONYA M. RUGAMAYO v. NO. 2008-871 CIVIL TERM • DOUGLAS B. RUGAMAYO, • CIVIL ACTION-LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 7 day of OCC , 2013, Michael A. Scherer, Esquire, shall withdraw as counsel for Sonya M. Hall in this case. By the Court Albert Masland, J. Michael A. Scherer, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 Jane Adams, Esquire 17 W. South Street Carlisle, Pennsylvania 17013 Sonya M. Hall CMR 480 Box 1234 APO AE 09128 i e_S '- I / ...--,a. C.a., M Q7 =fry) -t -.-_ CO L. C c9 c: SONYA M. HALL, • IN THE COURT OF COMMON PLEAS OF Formerly known as • CUMBERLAND COUNTY, PENNSYLVANIA , SONYA M. RUGAMAYO • v. • NO. 2008-871 CIVIL TERM P • DOUGLAS B. RUGAMAYO, • CIVIL ACTION-LAW -mac= ,! A: Defendant . IN DIVORCE n MOTION TO WITHDRAW AS COUNSEL ".) AND NOW, comes Michael A. Scherer, Esquire, counsel of record for the Plaintiff, Sonya M. Hall, and respectfully represents as follows: 1. Undersigned counsel is counsel of record in this matter for the Plaintiff, Sonya M. Hall. 2. On September 26, 2013, Sonya M. Hall sent undersigned counsel an email which stated "Mike, I am no longer soliciting your services as my attorney effective today." 3. Undersigned counsel has been discharged by his client and pursuant to Rule of Professional Conduct 1.16(a)(3) undersigned counsel must withdraw his representation of her in this case. 4. Sonya M. Hall has been provided a copy of the Petition to Make Rule Absolute which is pending before the Court. 5. Sonya M. Hall has indicated to undersigned counsel that she does not intend to employ substitute counsel at this time. 6. Honorable Albert Masland has been assigned to this matter. WHEREFORE, undersigned counsel respectfully requests that this Honorable Court enter an Order directing undersigned counsel to withdraw as counsel for Sonya M. Hall in this matter. Respectfully submitted, BARIC SCHERER LLC d � Mich A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. (3° Mic a I . Sc erer, Esquire Dated: ' I3 CERTIFICATE OF SERVICE I hereby certify that on Utobtr ` , 2013, I, Lauren E. McVaugh, secretary at Baric Scherer LLC, did serve a copy of the Motion To Withdraw As Counsel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jane Adams, Esquire 17 W. South Street Carlisle, Pennsylvania 17013 Sonya Hall CMR 480 Box 1234 APO AE 09128 )Mtfitn P.4\ 'V Lauren E. McV gh SONYA M. HALL, : IN THE COURT OF COMMON PLEAS OF formerly known as • CUMBERLAND COUNTY, PENNSYLVANIA SONYA M. RUGAMAYO, • c7 ." c Plaintiff : NO. 2008-0871 CIVIL TERM -0 ° v. CIVIL ACTION-LAW coo- "--' �.0 r`. t_- o ca DOUGLAS B. RUGAMAYO, : IN DIVORCE A 1 Defendant : � ,�rrf .. PRAECIPE TO WITHDRAW ` _ Please withdraw my appearance as counsel the Plaintiff, Sonya M. Hall, formerly known as Sonya M. Rugamayo in the above-captioned matter pursuant to the Order Of Court signed in this matter on October 7, 2013. Respectfully submitted, BARIC SCHERER LLC 4 Mi hael A. Scherer, Esquire I.D. # 61974 Date: October 10, 2013 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on October 10, 2013, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Praecipe To Withdraw, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Jane Adams, Esquire Sonya M. Hall 17 West South Street CMR 480 Box 1234 Carlisle, Pennsylvania 17013 APO AE 09128 f: . ndsay •