HomeMy WebLinkAbout96-05587CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-5587 CIVIL
V.
CIVIL ACTION - LAW
TERRY A. GOSHORN, ;
DEFENDANT IN DIVORCE
ORDER OF COURT
AND NOW, this 20th day of October, 2009, after status conference with counsel,
and it appearing that there has been no progress made toward settlement of this matter,
IT IS HEREBY ORDERED AND DIRECTED that a hearing will be held on
October 23, 2009, at 1:30 p.m. in Courtroom No. 5 at which time the Court will consider:
1. Exclusive possession of the property in question by Plaintiff.
2. Granting the Plaintiff authority to list the property for sale.
3. Award of attorney's fees and/or expenses.
Marcus A. McKnight, III, Esquire
Attor ey for Plaintiff
IS
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Attorney for Defendant
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By the Court,
M. L. Ebert, Jr., J.
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'i IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
STATE OF PENNA. •
CYNTHIA M. COSHORN,
96-5587 CIVIL TERM
Plaintiff
CIVIL ACTION - LAW o
IN DIVORCE
TERRY A. COSHORN,
Defendant
DECREE IN
I V0 CEt 3d PA1
i ...... to. 1 i AND NOW, .. 1999.... , it is ordered and
CYNTHIA M. C.OSHORN
decreed that plaintiff,
and TERRY.A..GOSHORN............ I .......... , defendant, j
.......
o are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; °
The Agreement and Stipulation contained in the Master's Report dated r
.................................... ?•.
• December. 3, 1999 which is signed by the parties is .hereby ,incorporated , • , . .°.•
herein and made a part of this Decree in Divorce but is not merged. i,
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CYNT"' A M. GOSHORN,
E''_aintiff
Vs.
TENRY A. GOSHORN,
Defendant
IN THE COURT C.. ',CMMON PLEAS OF
CUMBERLAND PENNSYLVANIA
NO. 96 - 55,0 1V E L
IN DIVORCE
THE MASTER: Today is Friday, December 3, 1999.
This is the date we set for a conference with the parties
and with Mr. McKnight, counsel for the Plaintiff. Present
in the hearing room are the Plaintiff, Cynthia M. Goshorn,
and her counsel Marcus A. McKnight, III, and Terry A.
Goshorn, Defendant, who is acting on his own behalf. He is
not represented by counsel but is satisfied to proceed on
his own without counsel.
Mr. Goshorn, you've heard me indicate that you
are satisfied to proceed without counsel; is that correct?
MR. GOSHORN: Yeah.
THE MASTER: This action was commenced by the
filing of a divorce complaint on October 9, 1996. The
complaint raised grounds for divorce of irretrievable
breakdown of the marriage. On July 17, 1997, an amended
complaint was filed averring that the parties separated on
December 30, 1994, a period in excess of two years.
Neither the complaint nor the amended complaint
raised any economic issues. However, on May 27, 1999, the
Plaintiff filed a petition raising equitable distribution
and counsel fees, costs and expenses.
The parties ::ere married on December 24, 1975, an,1
separated December 30, 1994. They are the natural parents
of two children. The daughter is 24 years of age and she is
emancipated, and the son, who is 14 years of age, is in the
custody of the wife.
After discussion at a conference on November 12,
1999, regarding the real estate owned by the parties, we
allowed Mr. Goshorn an opportunity to see if he could obtain
financing or devise a method wherein he could buy out wife's
interest in the property. However, Mr. Goshorn, reporting
back today, has indicated that he has not been been able to
make any arrangements for financing in order to buy out
wife's interest in the property. Consequently, after
further discussion today, the parties have reached an
agreement resolving the economic issues between them which
is going to be placed on the record by Mr. McKnight in the
presence of the parties.
The agreement as placed on the record will be
considered the substantive agreement of the parties not
subject to any changes or modifications except for
corrections of typographical errors which may be made during
the transcription. After the agreement has been transcribed
and reviewed for typographical errors, the parties and Mr.
McKnight will affix their signatures affirming the terms of
settlement as stated on the record at this time. The
Master will then be able to prepare an order vacating his
appointment and Mr. McKnight can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
Both parties have signed affidavits of consent and
waivers of notice of intention to request entry of divorce
decree which Mr. McKnight will file with the Prothonotary's
office, therefore, the divorce can be concluded under
Section 3301(c) of the Domestic Relations Code. Mr.
McKnight.
MR. MCKNZGHT:
1. The parties have agreed that each will retain their own
employment benefits. Husband is employed at Frog and
Switch Manufacturing and has a 401(k) plan and a pension
plan, both of which will be retained. Wife waives all
claims to those benefits.
2. Wife has a 401(k) plan with Appleton Paper and husband
agrees to waive all interest in that 401(k) plan.
3. The remaining marital asset is real estate which is
located at Box 337-A, RD 1, Loysville, Pennsylvania, and the
parties agree immediately within 10 days to sign a listing
agreement listing the real estate with a realtor, and if
they cannot agree on any other, REMAX Realty in Harrisburg
would be acceptable.
Pending the sale of the home the parties will agree
to pay the outstanding mortgage at PNC Bank, each paying
$325.00 per month. The payments will be made on or before
the 17th of every month, the first payment to be made on or
before December 17, 1999, and every month thereafter until
the property is sold and the mortgage is paid off.
4. The parties agree that in light of the difference in
their retirement benefits that the proceeds from the real
estate be divided 40`bto husband and 60%to wife, and the
parties will agree on a listing price along with a realtor.
5. Both parties waive all counsel fees and costs.
6. All debts have been assumed by the parties.
7. All personal property has been previously divided up,
including vehicles.
8. Except as herein otherwise provided, 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, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
(A discussion was held off the record.)
THE MASTER: Mr. Goshorn, you did ask a
question and we've answered that question satisfactorily to
you?
THE WITNESS: Yeah.
THE MASTER: Do you have any other questions?
MR. GOSHORN: No.
THE MASTER: Do you understand what we stated
on the record?
MR. GOSHORN: Yes.
THE MASTER: You understand that when you
leave this hearing room you're bound by the terms of this
agreement even though nothing is signed?
MR. GOSHORN: Yeah. Right.
THE MASTER: You're going to cooperate with
listing the house for sale and selling the house, do you
understand that?
MR. GOSHORN: Um-hum.
THE MASTER: You understand that you keep
your pension benefits with your employment and your wife
keeps her pension benefits with her employment?
MR. GOSHORN: Um-hum.
THE MASTER: And that you're going to
distribute any proceeds out of the house 60`, to your wife
and 40% to you?
MR. GOSHORN: Yeah.
THE MASTER: And you understand that you
signed an affidavit and a waiver today allowing the divorce
to go to conclusion?
MR. GOSHORN: Um-hum.
THE MASTER: And you're agreeing to all of
the terms of the settlement and willing to let the statement
of the settlement resolve all economic claims between you
and your wife?
MR. GOSHORN: Yes.
THE MASTER: You're satisfied also to be
here, and I asked you this earlier, to be here without
i
benefit of counsel?
? MR. GOSHORN: Yeah.
(A discussion was held off the record.)
MR. McKNIGHT: Off the record we've had a
discussion of the impact of the final divorce decree on the
spousal support that the wife is receiving. We agree that
upon the entry of a divorce decree spousal support will end.
We will hold in abeyance any arrearages that are owed on the
spousal support until the husband and wife are able to sell
the real estate, and provided that the husband has kept in
full his agreements under this marriage settlement. If he
has done that, then we will wipe out all of the arrearages
on the spousal support. Any child support will be
continuing as ordered by the court.
Cynthia, have you heard all of the terms of
agreement that we have reached today as we placed them on
the record?
MS. GOSHORN: Yes.
MR. McKNIGHT: Do you agree that you're
accepting those terms?
MS. GOSHORN: Yes.
MR. McKNIGHT: And you're willing to conclude
the divorce on this basis without any further claims or
litigation?
MS. GOSHORN: Yeah.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
DATE:
?c F
ht, III CGoshorn
intiff
Terry Goshorn
WITNESS:
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CYNTHIA M.GOSHORN,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNT)', PENNSYLVANIA
CIVIL ACTION - LAW
96-5587 CIVILTERM
TERRY A. GOSHORN,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry ofa divorce decree:
1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce and the
Amended Complaint in Divorce were served upon the defendant, Terry A. Goshom, on August 4, 1997, by personal
service, which service was made by John Chronister.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code: by plaintiff: December 3, 1999; by defendant: December 3, 1999.
(b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant:
4. Related claims pending: NONE.
5. Complete either (a) or (b).
(a) Date and manner of service of the Notice of Intention to file Pmecipe to Transmit Record,
a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: December 3, 1999.
Date detendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: December 3. 1999. 4't 4iff
Esquire
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CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
Plaintiff THE 39TH JUDICIAL DISTRICT OF
PENNSYLVANIA
V. PERRY COUNTY
CIVIL ACTION - LAW
TERRY A. GOSHORN, 96- 5527 CIVIL TERM
Defendant IN DIVORCE
NO'T'ICE
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.
Central Pennsylvania Legal Services
213-A North Front Street
Harrisburg, Pennsylvania 17101
1-800-932-0356
CYNTHIA M. GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
THE 39TH JUDICIAL DISTRICT OF
PENNSYLVANIA
PERRY COUNTY
CIVIL ACTION - LAW
96-!, it Y CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE. CODE
NOW comes the plaintiff, Cynthia M. Goshorn, by her attorney, Marcus A. McKnight,
III, Esquire, and files this complaint in divorce against the defendant, Terry A. Goshorn,
representing as follows:
1. The plaintiff is Cynthia M. Goshom, an adult individual residing at R.D. #1, Box 337A,
Loysville, Perry County, Pennsylvania 17047.
2. The defendant is Terry A. Goshorn, an adult individual residing at R.D. #1, Box 337A,
Loysville, Perry County, Pennsylvania 17047.
3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six
months prior to the filing of this action in divorce.
4. The plaintiff and the defendant were married on December 24, 1975 in Shermans Dale,
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Pennsyvlania.
5. There were two (2) children born of this marriage, namely, Tracy Marie
Coshorn, born September 9, 1975, age 20, and James Patrick Coshorn, born July
16, 1985, age 10.
6. 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.
7. The plaintiff avers that he has been advised of the availability of counseling and that
said party 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 two
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.
Date: October 7, 1996 ?y Ufa I _
CYNTHIA M. OSHORN, Plaintiff
in
Attorney
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court ID No. 25476
CYNTHIA M.GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
THE 39TH JUDICIAL DISTRICT OF
PENNSYLVANIA
PERRY COUNTY
CIVIL ACTION - LAW
96- s=+'1 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. I 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 the penalties of 18 Pa. C. S. Section 4904 relating to
unswom falsification to authorities.
Date: October 7, 1996 &&, M p?,)S4 e4r
CYNTHIA M. OSHORN, Plaintiff
CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
96-5587 CIVIL TERM
TERRY A. GOSHORN,
Defendant IN DIVORCE
NOTICE TO DEFEND
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.
Court Administrator
Cumberland County Courthouse
Fourth Floor
1 Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
96-5587 CIVIL TERM
TERRY A. GOSHORN,
Defendant IN DIVORCE
AMENDED COMPLAINT IN DIVORCE PURSUANT TO
SECTION 3301(d) OF THE DIVORCE CODE
AND NOW comes Cynthia M. Goshom, the above-named plaintiff, by her attorney,
Marcus A. McKnight, III, Esquire, and files this Amended Complaint in divorce against the
defendant, Terry A. Goshom, upon the cause of action hereinafter set forth:
The name of the plaintiff is Cynthia M. Goshorn and the name of the defendant is Terry A.
Goshorn.
2.
The plaintiff, Cynthia M. Goshorn, is an adult individual residing at 1501 Lot 3, Williams
Grove Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3.
The defendant, Terry A. Goshorn, is an adult individual residing at R.D. # 1, Box 337A,
Loysville, Perry County, Pennsylvania 17047.
4.
The plaintiff' has been a resident of the Commonwealth of Pennsylvania at least six months
prior to the filing of this action in divorce.
5.
The plaintiff and defendant were married on December 24, 1975 in Shermans Dale,
Pennsylvania.
6.
There were two (2) children born of this marriage, namely: Tracy Marie Goshom, born
September 9, 1975, age 21, and James Patrick Goshom, bom July 16, 1985, age 12.
7.
The parties have lived separate and apart since on or about December 30, 1994.
8.
Pursuant to the Divorce Code, Section 3301(d), the defendant avers as the grounds upon
which this action is based that the marriage between the parties is irretrievably broken and that the
parties hereto have lived separate and apart for a period of at least two years.
9.
The plaintiff avers that she has been advised of the availability of counseling and that said
party has the right to request that the court require the parties to participate in counseling.
2
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the
parties and for such further relief as your Honorable Court may deem equitable and just.
I verify that the statements made in this complaint are true and correct. I understand that
I,
false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to
unsworn falsification to authorities.
CYNTHIA M. GOSHORN
Plaintiff
Date: July 17, 1997
IRWIN, NJ*NIGHT & HUGHES
Plaintiff
III
60 West omfret S
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
3
CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
9&5587 CIVIL TERM
TERRY A. GOSHORN,
Defendant IN DIVORCE
NOTICE TO THE DEFENDANT
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.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1.
The parties to this action separated on or about December 30, 1994, and have continued
to live separate and apart for a period of at least two years.
2.
The marriage is irretrievably broken.
3.
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.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. of 4904 relating to
unsworr. falsification to authorities.
Date: July 17, 1997 a.f
CYNT M.GOSHORN
Defendant
4
CYNTHIA M. GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-5587 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 9, 1996. An Amended Complaint in Divorce under 3301(d) of the Divorce code was
filed on July 17, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing of the Complaint.
3. I consent to the entry of a final Decree of Divorce without notice.
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.
I verify that the statements made in this affidavit 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.
Date: /02 , 1998
CYNTHIA . OSHORN
Plaintiff
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CYNTHIA M. GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-5587 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
October 9, 1996. An Amended Complaint in Divorce under 3301(d) of the Divorce code was
filed on July 17, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing of the Complaint.
3. I consent to the entry of a final Decree of Divorce without notice.
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.
I verify that the statements made in this affidavit 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
unworn falsification to authorities.
Date: /2- 3 , 199
RRY A. GOSHORN
Defendant
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CYNTHIA M. GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-5587 CIVIL TERM
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, 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. I 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 the penalties of 18 Pa. C.S. Section 4904 relating to
unswom falsification to authorities.
Date: , 199==Z? ? 6-11-1?
RRY A. GOSHORN
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CYNTHIA M. GOSHORN,
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CIVIL ACTION - LAW
96-5587 CIVIL TERM
IN DIVORCE
( \lJ
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code-was filed on
October 9, 1996. An Amended Complaint in Divorce under 3301(d) of the Divorce code was
filed on July 17, 1997.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing of the Complaint.
3. I consent to the entry of a final Decree of Divorce without notice.
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.
I verify that the statements made in this affidavit 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.
Date: 2 3 A1998
TERRY A. GOSHORN
Defendant
d
CYNTHIA M. GOSHORN,
Plaintiff'
V.
IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
96-5587 CIVIL TERM
TERRY A. GOSHORN,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER 7
SECTION 33011c1 OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code.':was Piled on`1rl
October 9, 1996. An Amended Complaint in Divorce under 3301(d) of the Divbice coilg was'
filed on July 17, 1997. -'
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing of the Complaint.
3. I consent to the entry of a final Decree of Divorce without notice.
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.
I verify that the statements made in this affidavit 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.
A 199 ?. O1
Date: /
CYNTHIA M. OSHORN
Plaintiff'
CYNTHIA M. GOSHORN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :96-5587 CIVIL TERM
CIVIL ACTION - LAW
TERRY A. GOSHORN,
Defendant : IN DIVORCE >
AFFIDAVIT OF SERVICE
I, JOHN CHRONISTER, hereby verify that I have personally served a true and correct
copy of the Complaint in Divorce, Amended Complaint in Divorce and Petition for Special Relief
on the defendant, Terry A. Goshorn, on Monday evening, August 4, 1997, at 11:53 p.m.
JOHN CHR ISTER
Date: August 5, 1997
CYNTHIA M. GOSHORN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :96-5587 CIVIL TERM
: CIVIL ACTION - LAW
TERRY A. GOSHORN,
Defendant : IN DIVORCE
ORDER OF COURT
? ?/ ?
AND NOW, this J day of July, 1997, upon consideration of the attached Petition, a
/
a hearing for special relief will be held on 6' flu day of 4Iu.. 1997, in Court Room
Number -3-- atm. at which time a hearing will be held to determine whether the petition
of Terry A. Goshom for exclusive possession of the marital home will be granted.
By the Court,
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•_
CYNTHIA M. GOSHORN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : 96-5587 CIVIL TERM
CIVIL ACTION - LAW
TERRY A. GOSHORN,
Defendant : IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, this _L;t? day of July 1997, comes the plaintiff/petitioner, Cynthia M.
Goshorn, and makes this petition for special relief:
1.
The plaintiff/petitioner is Cynthia M. Goshorn who resides at 1501, Lot 3, Williams Grove
Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. She has resided at this address
since October 15, 1996.
2.
The defendant/respondent is Terry A. Goshorn who resides at R. D. #1, Box 337A, Rock
Hollow Road, Loysville, Pennsylvania 17047.
3.
The largest marital asset to be divided by the Divorce Master is the real estate owned
jointly by the parties located at R. D. #1, Box 337A, Rock Hollow Road, Loysville, Pennsylvania
17047.
2
4.
The parties had agreed that the defendant, Terry A. Goshom, could reside at the marital
residence if he agreed to keep the mortgage with PNC Bank, NA current.
5.
On July 15, 1997, the plaintiff was contacted at her place of employment by PNC Bank.
She was notified that the defendant has not paid the mortgage since April 17, 1997, and that the
bank was preparing to foreclose.
6.
If the mortgage is foreclosed upon by the bank, the parties will lose in excess of Fifty
Thousand and no/100 ($50,000.00) Dollars in equity.
7.
The plaintiff/petitioner requests that she be granted exclusive possession of the real estate
situate at R. D. #1, Box 337A, Rock Hollow Road, Loysville, Pennsylvania 17047, upon the
condition that she will pay the past due amount and that she will keep the mortgage payments
current.
8.
The plaintiff/petitioner and her minor son, James Patrick Goshorn, age twelve (12) years,
requires that she be granted exclusive possession of the marital home and that the defendant,
Terry A. Goshom and his girlfriend, Sandrall Sunday, be required to leave the marital home.
M
3
WHEREFORE, the plaintiff/petitioner, Cynthia M. Goshom, hereby requests that she be
granted exclusive possession of the marital home and that the defendant, Terry A. Goshorn,
remove himself from the properly, and that she be granted costs and the legal fees of this Petition
for Special Relief.
Respectfully submitted:
IRWIN, MCKNIGHT & HUGHES
S A. Mc IG T, IH
for Plai iff
60 West Pomfyef Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court ID No. 25476
Date:,)u1?c /71997
4
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and me in the preparation of this action. The language of the Petition may in part be the language
of my counsel and not my own. I have read the statements made in this Petition and to the extent
that it is based upon information which I have given to my counsel, it is true and correct to the
best of my knowledge, information and belief. To the extent that the contents of the statements
are that of counsel, I have relied upon counsel in making this verification. I understand that false
statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unworn falsification to authorities.
of
CYNTHIA M. 'OSHORN
Date: ?1997
CYNTHIA M. GOSHORh,
Plaint! `
VS
TERRY A. GOSHORN,
Defendant
IN Thr COURT OF COMMON Pi FA. OF
CUMBERLAND COUNTY, PFNNSYIVANIA
95-5507 CIVIL TERM
CIVIi ACTION - LAW
IN_RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW. August 6, 1997, 9:55 a.m., the defendant
having appeared pro se for this emergency hearing, and having
indicated that he was served late Monday evening and has not had
the chance to retain a lawyer, and the court having confirmed
that the defendant does have an appointment to speak to Attorney
Hubert Gilroy this afternoon at 4:30 p.m., in the defendant's
attempt to retain Attorney Gilroy, this hearing is generally
continued. Should Mr. Gilroy enter his appearance tomorrow for
the defendant, we request Attorney Gilroy to immediately contact
plaintiff's attorney, Marcus A. McKnight, III, Esquire, in an
attempt to resolve the matter. If Attorney Gilroy is not
retained, and/or the matter is not resolved, we will schedule on
emergency hearing on this matter yet this week or the beginning
of next week. We note plaintiff's offer of testimony that the
mortgage is in arrears and that the mortgage company intends to
begin foreclosure proceedings as of Friday, August 1.5, 1997.
By the Court,
fer, J.
Marcus A. McKnight
For the Plaintiff
Terry A. Goshorn,
III, Esquire
Defendant
Hubert X. Gilroy, Fsquire
? r
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-;r
? n.J
CYNTHIA M.GOSHORN,
Petitioner/Plaintiff
V.
TERRY A. GOSHORN,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:96-5587 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR ECONOMIC RELIEF
AND NOW, this 27th day of May, 1999, comes the petitioner, Cynthia M. Goshom, by
her attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Petition for
Economic Relief against the respondent, Terry A. Goshom, as follows:
The petitioner is Cynthia M. Goshom who is the plaintiff in a divorce action docketed at
96-5587, Cumberland County, Pennsylvania. Her address is 448 Race Street, Millersburg,
Pennsylvania 17061.
2.
The respondent is Terry M. Goshom who is the defendant in this divorce action. His
address R. D. #1, Box 337A, Loysville, Pennsylvania 17047.
3.
The petitioner seeks the following relief from the Court:
a. Equitable distribution of the marital assets;
b. Costs and expenses; and
c. Counsel fees.
WHEREFORE, the petitioner, Cynthia M. Goshom, requests the relief set forth above.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
60 MPAPomPet Street
Carlisle, Ivania 17013
717-249-2353
Supreme Court I.D. No:
Attorney for the petitioner/plaintiff,
Cynthia M. Goshorn
Date: May 27, 1999
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and me in the preparation of this action. I have read the statements made in this Petition and they
are true and correct to the best of my knowledge, information and belief. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unswom falsification to authorities.
CYNT A M. GOSHORN
Date: May 27 , 1999
CYNTHIA M. GOSHORN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :96-5587 CIVIL TERM
: CIVIL ACTION - LAW
TERRY A. GOSHORN,
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE:
I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of the Petition for
Economic Relief was served upon the following by depositing a true and correct copy of the
same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania 17013, on
the date referenced below and addressed as follows:
TERRY A. GOSHORN
R. D. #1, BOX 337A
LOYSVILLE, PA 17047
IRWIN, McKNIGHT & HUGHES
By: Mar us A. M Cni III, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: May 27, 1999
CYNTHIA M. GOSHORN,
Petitioner/Plaintiff
V.
TERRY A. GOSHORN,
Respondent/Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:96-5587 CIVIL TERM
: CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR ECONOMIC RELIEF
AND NOW, this 27th day of May, 1999, comes the petitioner, Cynthia M. Goshom, by
her attorneys, IRWIN, McKNIGHT & HUGHES, and makes the following Petition for
Economic Relief against the respondent, Terry A. Goshom, as follows:
1.
The petitioner is Cynthia M. Goshom who is the plaintiff in a divorce action docketed at
96-5587, Cumberland County, Pennsylvania. Her address is 448 Race Street, Villersburg,
Pennsylvania 17061.
2.
The respondent is Terry M. Goshom who is the defendant in this divorce action. His
address R. D. #1, Box 337A, Loysville, Pennsylvania 17047.
3.
The petitioner seeks the following relief from the Court:
a. Equitable distribution of the marital assets;
b. Costs and expenses; and
c. Counsel fees.
WHEREFORE, the petitioner, Cynthia M. Goshorn, requests the relief set forth above.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
B
Y: i
Mar s A. Mc fight, I, Esquire
60 West Pomfret SlyzeV
Carlisle, Pennsylvania 17013
717-249-2353
Supreme Court I.D. No: 25476
Attorney for the petitioner/plaintiff,
Cynthia M. Goshorn
Date: May 27,1999
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
and me in the preparation of this action. I have read the statements made in this Petition and they
are true and correct to the best of my knowledge, information and belief. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unswom falsification to authorities.
CYNT A M.GOSHORN
Date: May 27 , 1999
CYNTHIA M. GOSHORN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :96-5587 CIVIL TERM
: CIVIL ACTION - LAW
TERRY A. GOSHORN,
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of the Petition for
Economic Relief was served upon the following by depositing a true and correct copy of the
same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania 17013, on
the date referenced below and addressed as follows:
TERRY A. GOSHORN
R. D. #1, BOX 337A
LOYSVILLE, PA 17047
IRWIN, McKNIGHT & HUGHES
_ OBy: Marcus A. Mc"ig t II, Esquire
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: May 27, 1999
TH2 COURT OF CC1L_10"1 ?L=.t: ]F
C,, MERLk.,M CO(,^.iTY, 'c CIS' :'/ti1:3
CYNTHIA N. GOSHORN
?laiariff
VS.
TERRY A. GOSHORN,
Defendant
IN DIVORCE
N0. 96-SSB7 19
MOTION FOR AP?O=17NT OF `L,SUER
(Plaintiff) (Defendant), moves the court to appoint
a master with respect to the following claims:
(XX) Divorce kx ) Distribution of ?roperty
( ) Annulment ( ) Support
(xx) Uimony (XX) Counsel Fees
( ) Alimony ?endente Lite (XX) Costs and Fxpensas
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
(2) The defendant (has) (=x=%) appeared in the action (personally)
(by his attorney
(3) The staturcr'J grounu lbJ "I
SECTION 3301 c OF THE PENNSYLVANIA DIVORCE CODE
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with r=espect to the
following claims: DIVORCE
(c) The action is contested with respect to the following
claims: ALIMONY, DISTRIBUTION OF PROPERTY, COUNSEL FEES AND COSTS/EXPENSES
(3) The action Kf-&Mt U) (does not involve) complex issues of law
or fact.
(6) The hearing is exp?c,ected co take (1) DAY (hours) (daps).
(i) Additional in=otmatipn, is any. rely nt tofthe motion:
Date. May 11, 1999
API7
is anpo
3v the S u t
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1
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4. -1
I:. ^1
CYNTHIA M. GOSHORN, I^: THE. COURT OF COhL'^GN i'Lci-. OF
Plaintiff CUXkERLAND COUNTY, :'ENN1: YLVANIA
V:, N0. 96 - 5587 CIVIL.
TERRY A. CO SHORN,
Defendant IN DIVORCE
ORDER OF COURT
+Uk
AND NOW, this ? day of ? ,
1999, the parties and counsel having entered into an
agreement and stipulation resolving the economic issues on
December 3, 1999, the date set for a conference, the
agreement and stipulation having been transcribed and
subsequently signed by the parties and counsel, the
appointment of the Master is vacated, and counsel can
conclude the proceedings by the filing of a praecipe to
transmit the record with the affidavits of consent of the
parties so that a final decree in divorce can be entered.
J.
cc: Marcus A. McKnight, III
Attorney for Plaintiff
Terry A. Goshorn
Defendant
C,
CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 96 - 5587 CIVIL
TERRY A. GOSHORN,
Defendant IN DIVORCE
THE MASTER: Today is Friday, December 3, 1999.
This is the date we set for a conference with the parties
and with Mr. McKnight, counsel for the Plaintiff. Present
in the hearing room are the Plaintiff, Cynthia M. Goshorn,
and her counsel Marcus A. McKnight, III, and Terry A.
Goshorn, Defendant, who is acting on his own behalf. He is
not represented by counsel but is satisfied to proceed on
his own without counsel.
Mr. Goshorn, you've heard me indicate that you
are satisfied to proceed without counsel; is that correct?
MR. GOSHORN: Yeah.
THE MASTER: This action was commenced by the
filing of a divorce complaint on October 9, 1996. The
complaint raised grounds for divorce of irretrievable
breakdown of the marriage. On July 17, 1997, an amended
complaint was filed averring that the parties separated on
December 30, 1994, a period in excess of two years.
Neither the complaint nor the amended complaint
raised any economic issues. However, on may 27, 1999, the
Plaintiff filed a petition raising equitable distribution
and counsel fees, costs and expenses.
¦f
The parties were married on December 24, 1975, and
separated December 30, 1994. They are the natural parents
of two children. The daughter is 24 years of age and she is
emancipated, and the son, who is 14 years of age, is in the
custody of the wife.
After discussion at a conference on November 12,
1999, regarding the real estate owned by the parties, we
allowed Mr. Goshorn an opportunity to see if he could obtain
financing or devise a method wherein he could buy out wife's
interest in the property. However, Mr. Goshorn, reporting
back today, has indicated that he has not been been able to
make any arrangements for financing in order to buy out
wife's interest in the property. Consequently, after
further discussion today, the parties have reached an
agreement resolving the economic issues between them which
is going to be placed on the record by Mr. McKnight in the
presence of the parties.
The agreement as placed on the record will be
considered the substantive agreement of the parties not
subject to any changes or modifications except for
corrections of typographical errors which may be made during
the transcription. After the agreement has been transcribed
and reviewed for typographical errors, the parties and Mr.
McKnight will affix their signatures affirming the terms of
settlement as stated on the record at this time. The
Master will then be able to prepare an order vacating his
appointment and Mr. McKnight can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
Both parties have signed affidavits of consent and
waivers of notice of intention to request entry of divorce
decree which Mr. McKnight will file with the Prothonotary's
office, therefore, the divorce can be concluded under
Section 3301(c) of the Domestic Relations Code. Mr.
McKnight.
MR. McKNIGHT:
1. The parties have agreed that each will retain their own
employment benefits. Husband is employed at Frog and
Switch Manufacturing and has a 401(k) plan and a pension
plan, both of which will be retained. Wife waives all
claims to those benefits.
2. Wife has a 401(k) plan with Appleton Paper and husband
agrees to waive all interest in that 401(k) plan.
3. The remaining marital asset is real estate which is
located at Box 337-A, RD 1, Loysville, Pennsylvania, and the
parties agree immediately within 10 days to sign a listing
agreement listing the real estate with a realtor, and if
they cannot agree on any other, REMAX Realty in Harrisburg
would be acceptable.
Pending the sale of the home the parties will agree
to pay the outstanding mortgage at PNC Bank, each paying
$325.00 per month. The payments will be made on or before
the 17th of every month, the first payment to be made on or
before December 17, 1999, and every month thereafter until
the property is sold and the mortgage is paid off.
4. The parties agree that in light of the difference in
their retirement benefits that the proceeds from the real
estate be divided 40`dto husband and 6U to wife, and the
parties will agree on a listing price along with a realtor.
5. Both parties w,,:vI, a_1 counse, fees and costs.
6. All debts have assumed by ,.i:e parties.
7. All personal pr pr-r!,,/ has been previously divided up,
including vehicles.
8. Except as herein otherwise provided, 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, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
(A discussion was held off the record.)
THE MASTER: Mr. Goshorn, you did ask a
question and we've answered that question satisfactorily to
you?
THE WITNESS: Yeah.
THE MASTER: Do you have any other questions?
MR. GOSHORN: No.
THE MASTER: Do you understand what we stated
on the record?
MR. GOSHORN: Yes.
THE MASTER: You understand that when you
leave this hearing room you're bound by the terms of this
agreement even though nothing is signed?
MR. GOSHORN: Yeah. Right.
THE MASTER: You're going t., cooperate with
listing the house for sale and selling the house, do you
understand that?
MR. GOSHORN: Um-hum.
THE MASTER: You understand that you keep
your pension benefits with your employment and your wife
keeps her pension benefits with her employment?
MR. GOSHORN: Um-hum.
THE MASTER: And that you're going to
distribute any proceeds out of the house 60':', to your wife
and 90`11 to you?
MR. GOSHORN: Yeah.
THE MASTER: And you understand that you
signed an affidavit and a waiver today allowing the divorce
to go to conclusion?
MR. GOSHORN: Um-hum.
THE MASTER: And you're agreeing to all of
the terms of the settlement and willing to let the statement
of the settlement resolve all economic claims between you
and your wife?
MR. GOSHORN: Yes.
THE MASTER: You're satisfied also to be
here, and I asked you this earlier, to be here without
benefit of counsel?
MR. GOSHORN: Yeah.
(A discussion was held off the record.)
MR. McKNIGHT: Off the record we've had a
discussion of the impact of the final divorce decree on the
spousal support that the wife is receiving. We agree that
upon the entry of a divorce decree spousal support will end.
We will hold in abeyance any arrearages that are owed on the
spousal support until the husband and wife are able to sell
the real estate, and provided that the husband has kept in
full his agreements under this marriage settlement. If he
has done that, then we will wipe out all of the arrearages
on the spousal support. Any child support will be
continuing as ordered by the court.
Cynthia, have you heard all of the terms of
agreement that we have reached today as we placed them on
the record?
MS. GOSHORN: Yes.
MR. McKNIGHT
Do you agree that you're
accepting those terms?
MS. GOSHORN: Yes.
MR. McKNIGHT: And you're willing to conclude
the divorce on this basis without any further claims or
litigation?
MS. GOSHORN: Yeah.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcemenL which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
DATE:
' ynthia M. Goshorn
h
,lie s sy ?-
Terry Goshorn
WITNESS:
SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUS I'
INCLUDE THE PAR'T'IES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO T'IIE
PROTHONOTARY'S OFFICE
DATE: Dec
DOCKET NUMBER:
1
96-5587 Civil Term
PLAINTIFF/FTWU 7D MSS#
165-46-5478
NAME: Cynthia M. Goshorn
DEFENDANT/R 8,BEW SS #
186-46-3955
NAME: Terry A. Goshorn
CYNTHIA M. GOSHORN,
Plaintiff
VS.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 5587 CIVIL
IN DIVORCE
RESCHEDULED PRE-HEARING CONFERENCE
TO: Marcus A. McKnight, III , counsel for Plaintiff
Terry A. Goshorn , Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 12th day of November, 1999, at 9:30 a.m.,
at which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 7/28/99 E. Robert Elicker, II
Divorce Master
CYNTHIA M. GOSHORN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
96-5587 CIVIL TERM
TERRY A. GOSHORN,
Defendant IN DIVORCE
PRE-TRIAL STATEMENT
AND NOW comes the plaintiff, CYNTHIA M. GOSHORN, by and through her
attorneys, IRWIN, MCKNIGHT & HUGHES, Esquires, and files this Pre-Trial Statement as
required by Rule 1920.33 of the PA Rules of Court, setting forth as follows:
I. REAL PROPERTY:
A. Real Estate:
The parties own jointly the real estate situate at R. D. #1, Box 337A, Loysville, Saville
Township, Perry County, Pennsylvania 17047.
The defendant has refused to sell the real estate to complete the repairs or pay the
mortgage expense. On three (3) occasions, the plaintiff has been forced to use her retirement to
save the real estate from foreclosure. The plaintiff seeks reimbursement of those costs and the
award of the real estate to her.
B. Marital Debt:
1. The Mortgage is held by PNC Bank which has a balance of $18,000.00
C. Pensions:
1. The defendant, Husband has a pension with his employer at Frog, Switch and
Manufacturing Company. The plaintiff does not know the value..
2. The plaintiff has a 401-K plan with her employer with an approximate value of
$20,000.00.
D. Bank Accounts:
1. Wife has her bank account.
2. Husband has his bank account.
E. Furniture and PersonalPronerty:
The parties divided the personal property to their satisfaction and no further claim is
desired by the parties.
F. Automobiles:
1. Husband's 1989 Dodge Caravan, a 1982 Toyota pick-up truck, and Yamaha
motorcycle worth $5,000.00
2. Wife's 1984 Buick Skyhawk worth $300.00.
2
II. EXHIBITS:
1. Real estate decd and mortgage
2. Income and Expenses Statement
3. Personal tax statement
4. Pension information
III. INCOME AND EXPENSES:
See plaintiffs Income and Expense Statement attached as Exhibit "A".
IV. WITNESSES:
1. The plaintiff, Cynthia M. Goshom.
2. A pension expert if necessary.
Respectfully submitted,
IRWIN, Mc HT &
O
Marcus A. Mc fight, II hst
60 West Pomfrt Street
Carlisle, PA 1
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for plaintiff,
Cynthia M. Goshom
Date: June 25, 1999
3
,. _ .
EXHIBIT "A"
In the Court of Common Pleas of CUMBERLAND
DObIESTIC RELATIONS
P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240.6225
Plaintiff Name:
Defendant Name:
Docket Number:
PACSES Case Number:
Other State ID Number:
Fax: (717) 240-6248
Please note. An tarrespoadmee mutt Wade the PACSES Case Number.
Income and Expense Statement
THIS FORM MUST BE FILLED OUT
(if you are self-employed or if you are salaried by a business of which you are owner in whole or pan, you must
also fill out the Supplemental Income Statement which appears on the last page of this income and expense
statement.)
INCOME STATEMENT OF CYNTHIA H. GOSHORN
I verify that the statements made in this Income and Expense Statement are true and correct. I understand that
false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unsworn
falsification to authorities.
June 9. 1999
Date
INCOME:
Employer _
APPLETON PAPER
(7 miff or Defendant'
Address 2850 Appleton Street, Camp Hill, PA 17011
Type of Work Laborer _
Payroll No. Gross Pay per Pay Period $ 13.68 Hr. Pay Period twklyx, bi-wkly. xoiR $j, 094.40
Itemized Payroll Deductions:
Federal Withholding $ Social Security $ Local Wage Tax $
State Income Tax $ Retirement $ Savings Bonds $
Credit Union $ Life Insurance $ Health Insurance $
Other Deductions (specify) $ $
Net Pay per Pay Period $ 700.00 Bi-Weekly
County, Pennsylvania
Form IN-008
Service Type M Worker ID 21205
Income and Expense Statemcm
PACSESCau `'umbcr 348100635
OTHER (Fill in Appropriate Column)
INCOME
WEEK
MONTH
YEAR
Interest E $ $
Dividends
Pension
Annuity
Social Security
Rents
Royalties _
Expense Account
Gifts
Unemployment
Comperssadon
Workmen's
Compensation
IRS Refund
Other (Child Suppor ) $129.00 $554.70
Other
TOTAL $ 129.00 $ 554.70 $
TOTAL INCOME $ $1,954.70
(Fill in Appropriate Column)
EXPENSES WEEK MONTH YEAR
Home 375-00 (rent)
Mortgage/Rent $ $ 690.50 $
Maintenance 100.00
Utilities
Electric 75.00
Gas
Oil 52.00
Telephone 35.00
Page 2 of 6 Form IN-008
Service Type M Worker ID 21205
Income and Expense Statement
PACSES Case Number 340100635
EXPENSES (Fill in Appropriate Colunm)
(continued) WEEK MONTH YEAR
Water $ $ $
Sewer
Trash 30.00
Employment
Public Transportation $ $ $
Lunch
Taxes
Real Estate $ $ $
Personal Property
Income
Insurance
Homeowners $ $ 21.00 $
Automobile 36.00
Life
Accident
Health
Other
Automobile
Payments $ $ $
Fuel
100.00
Repairs 150.00
Medical
Doctor $ $ $
Dentist
Onhodontist
Page 3 of 6 Forni IN-008
Service Type M Worker ID 21205
Incume and Expense Statement
PACSES Case Number 348100635
EXPENSES (Fill in Appropriate Column)
-- -
(continued) WEEK
7 MONTH YEAR
Hospital
Medicine
Special needs (glasses,
braces, orthopedic
devices)
Education
Private School $ $ $
Parochial School
College
Religious
Personal
Clothing $ $ 100.00 $
Food
150.00
Barber/Hairdresser
Credit Payments:
Credit Card
Charge Account 60.00 (Sears)
30.00 (Hechts)
Memberships
Loans
Credit Union $ $ $
n $10,000.00
Miscellaneous
Household Help $ g $
Child Care
Papers/Books/Magazine
Entertainment cn nn
Pay TV 40.00
Vacation 50.00
Page 4 of 6 Form IN-008
Service Type M Worker ID 21205
Income and Expense Statement
(Fill in Appropriate Column)
EXPENSES
(continued)
WEEK
MONTH
YEAR
Gifts
Legal Fees 250.00
Charitable Contributions
Other Child Support
Alimony Payments
Other
$ $ $
TOTAL EXPENSES $ $ 2,394.50 $
A
Ownership
PROPERTY
OWNED DESCRIPTION VALUE
H
W
J
Checking Accounts $
Savings Accounts
Credit Union
Stocks/Bonds
Real Estate
Other
TOTAL $
INSURANCE COMPANY POLICY M Coverage
H W C
Hospital
Blue Cross
Other
Medical
Blue Shield
Other
PACSES Case Number 3ABI00635
* H - Husband W - Wife C - Combined J - Joint
Service Type M
Page 5 of 6
Form IN-008
Worker ID 21205
Income and Expense Statement
PACSES Case Number 348100635
C'orerage
INSURANCE COMPANY POLICY N ti W C
Health/Accident
Disability Income
Dental
4
l%.I,.. -
* H - Husband W - Wife C - Combined J - Joint
Supplemental Income Statement
a. This form is to be filled out by a person
(1) who operates a business or practices a profession, or
(2) who is a member of a partnership or joint venture, or
(3) who is a shareholder in and is salaried by a closed corporation or similar entity.
b. Attach to this statement a copy of the following documents relating to the partnership, joint
venture, business, profession, corporation or similar entity:
(1) the most recent Federal Income Tax Return, and
2) the most recent Profit and Loss Statement
C. Name of business:
Address and telephone number:
d. Nature of business (check one)
(1) partnership
(2) joint venture
(3) profession
(4) closed corporation
(5) other
e. Name of accountant, controller or other person in charge of financial records:
f. Annual income from business:
(1) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4)
Specified deductions, if any:
Page 6 of 6 Fomi IN-008
Service Type M Worker ID 21205
vs.
DATE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVII, ACTION - LAW
?I y?c l1
NO., CIVII. 19
t
IN DIVORCE
STATUS SHEET
ACTIVITIES:
/ ???? /"`? i
b C ?',1+T'`?s' ?,QQ`,'S`;In o ?i.?? f?'?111? ?,?;??'?!=•?1???
/ p7
CI LOI?.Y /r/'? ?S ?' \ •LI'/ ezu/v l?/
4Jt.c<.J.,-I
-1 41
i%
i j?
4?h
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 2406535
E. Robert Elicker, II
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
May 24, 1999
Marcus A. McKnight, III, Esquire
IRWIN, MCKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
RE: Cynthia M. Goshorn vs
No. 96 - 5587 Civil
In Divorce
Dear Mr. McKnight and Mr. Goshorn:
Terry A. Goshorn
R.D. 1, Box 337A
Loysville, PA 17047
Terry A. Goshorn
By order of Court of President Judge George E. Hoffer
dated May 14, 1999, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on October 9, 1996, raising
grounds for divorce of irretrievable breakdown of the marriage.
No economic claims were raised in the complaint.
On July 17, 1997, an amended complaint was filed averring
that the parties have been separated for a period in excess of
two years, although no date of separation was averred.
The complaint did not raise any economic claims nor have
any economic claims been raised in other pleadings. Therefore,
I will not issue a directive for the filing of pre-trial
statements. However, I will allow counsel and Mr. Goshorn two
weeks from the date of this letter to raise any economic claims
which they wish to raise; if no claims are raised within that
time I will ask the Court to vacate my appointment.
I note that attorney Gilroy has been listed as the
attorney for the Defendant on the motion for appointment of
Master; however, Mr. Gilroy has not entered his appearance in
Mr. McKnight and Mr. Goshorn
24 May 1999
Paae 2
the action. I am sending a courtesy copy of this letter to
attorney Gilroy.
Very truly yours,
E. Robert Elicker, II
Divorce Master
cc: Hubert X. Gilroy, Esquire
Mr. McKnight and Mr. Goshorn
2 June 1999
Paae 2
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
CYNTHIA M. GOSHORN,
Plaintiff
VS.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 5587 CIVIL
IN DIVORCE
NOTICE OF PRE -HEARING CONFFRENC?
TO: Marcus A. McKnight, III
, Counsel for Plaintiff
Terry A. Goshorn
, Defendant
A pre-hearing conference has been scheduled at the
office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 29th day of October, 1999, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 7/12/99 E. Robert Elicker, II
Divorce Master
Marcus A. McKnight, III, Attorney for Plaintiff, filed a
pre-trial statement on June 25, 1999,
Terry A. Goshorn, Defendant, has not filed a pre-trial statement
as of the date of this notice.
CYNTHIA M. GOSHORN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :96-5587 CIVIL TERM
: CIVIL ACTION - LAW
TERRY A. GOSHORN,
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this _ day of August 1997, upon consideration of the Petition for Special
Relief, the Petitioner, Cynthia M. Goshorn, is hereby granted exclusive possession of the marital
residence located at R. D. #1, Box 337A, Rock Hollow Road, Loysville, Pennsylvania, 17047,
effective August 15, 1997. The Defendant must remove himself from the property on or before
August 15, 1997.
By the court,
George E. Hoffer, Judge
LAW OFFICES
IRWIN McKNIGHT & HUGHES
N, r.'. ., 'v I'!?
,IIM? , 1 ,I AHri!l I'. !!l
lnu +., rn ?dus
111 NAP ,r hH IHII,
In rl r.: ul, tlll Ll:H
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE. PENNSYLVANIA 170133_2_
(71,) 249 2353
FAX (717) 2490354
L-MAII. lAIIILAW+iS(IPERNET CUM
IIIHUI/1 ? IHII/,V !1'J:1?/4"I
IHHUIJI.I IN II 1.\. J(. l!'/JJ. U'.riiJ
1x11/1'. 1831% It WIN (/4J/r IM")
Ixlll.l. Ix I11 r .t M AMGIII' ll'/xA.l'/'/JI
18111% '. 1A A \/G/!!'.t /!L'ti//ES 1094 l
November 12, 1999
Mr. Terry A. Goshom
P. 0. Box 52
Loysvillc, PA 17047
12e: Cynthia M. Goshorn v. Terry A. Goshorn
Dear Mr. Goshorn:
This letter is to confirm that we will be meeting with E. Robert Elicker, 11, Divorce
Master, on Friday, December 3, 1999, at 2:30 p.m. in his office at 9 North Hanover Street,
Carlisle, Pennsylvania 17013. You are to have your financing ready, and you indicated that you
would bring your mother who plans to lend you the money necessary to pay off the mortgage
at PNC Bank as well as pay Cynthia Goshom for her interest in the house as well as your
employee benefits.
I have enclosed a copy of the letter which 1 sent to your employer, Frog, Switch &
Manufacturing Company.
Very truly yours,
IRNIN, Mc MIGHT & UGHES
ivtarcus A. McKnight, II, Esy.
MAM/min
Enclosures
cc: E. Robert Elicker, II, Divorce Master
Ms. Cynthia M. Goshorn
LAW OFFICES
IRWIN McKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
GO WEST POVFRET STREE T
HIH,I.HII IRIIA CARLISLE PENNSYLVANIA F,70133222
t/ HI I S I lh A vo/I/ 111
J %ItS11 111.I'll/l (717)2497353
HI III,( I Ile 111 0110 FAX (717) 7496354
//IRA I'M Dlr IHI L E MAIL. 161RLAIY,DSuPF.nNcr L'Ohl
UUL(;L.6(; WIIII:H
No%enmber 12. 1991)
Susan Losh, I luman Resource, Dept.
The Frog Switch & Manutacnrrmg Co
600 Gast I lien Street
Carlisle, PA 17013
Re: Cynthia M. Goshorn v. Terry A. Goshorn
Dear Ms. Losh:
IIIH0111v Hdll ,rv7J9.)
I11H111UL ;YUII 'u 11449u,1
IRIIII IA'J 1A,(Ikn/? „ ,n/'1,161
IR111% 1HUIl A kl,A%I1,11711%16-19941
IRII'rA' II.AV,,,IR i tit ldi1S N'19d I
`Ply
I am involved in divorce litigation with one of your employees, Mr. Terry A. Goshorn. 1
represent his wife, Cynthia M. Goshorn. The parties are attempting to resolve their outstanding
economic issue before the Cumberland County Divorce Master, E. Robert Elicker. 11.
In order to resolve these issues, we need information regarding the pension and related benefits of
Tent' A. Goshom. 1 have enclosed an authorization signed by him to release this information to me.
Please provide the following information:
The date Mr. Terry A. Goshom began to work at
Frog, Switch & Manufacturing Co.
2. The value of Mr. Goshom's Pension and 401-K
or related benefits on:
a. The date of marriage--December 24, 1975;
b. The date of separation--December 30, 1994;
C. The current value of the pension. 401-K and
any other retirement profit sharing program.
Please provide this inl'ormation to me as soon as possible. Please call me if you have any
questions. Thank you for your cooperation.
Very tnily yours,
MAM/min
Enclosure
UGHES
IR\y'IN, MS#N1Grj-7
cKnigh-
cc: Mr. Terry A. Goshorn
G, Robert Elicker, II, Divorce Master
Ms. Cynthia M. (ioshonm
I. TERRY A. GOSHORN, hercbv authorize the release ol.inlormation rccardin_
my pension with fro; and Switch :Nkinulacturing Company. Inc. to Marcus A. McKnight.
111, Esquire. ofthc law firm of Irwin, McKnight & I iughes, 60 Nest Pomti'et Street.
Carlisle. Pennsylvania 17013.
G^ ?•°'1 (SEAL)
TE•RR . A. GOSHORN
Date: November 12. 1999
LAW OFFICES
IRWIN MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
RCCERB. IRWIN CARLISLE, PENNSYLVANIA 17013.3222
MARCUSA. MCKNIGHT III
JAMES O. HUGHES (717) 249-2353
REBECCA R. HUGHES FAX
MARKD SCHWARTI (717) 249-6354
June 25, 1999
E. Robert Elicker, 11, Divorce Master
Office of the Divorce Master
9 North Hanover Street
Carlisle, Pennsylvania 17013
Re: Cynthia M. Goshorn _v. Terry A. Goshorn
Dear Mr. Elicker:
HAROLDS. IRWIN (192S19M
HAROLD S. IRWIN JR. (1950.1988)
IRWIN, IRWINA IRWIN (1%61990)
IRWIN. IRWIN6 A KNIGHT (19861990)
IRWIN, M.KNIGHTS HUGHES (1994. )
I have enclosed the Pre-Trial Statement which have tiled on behalf of my Client, Cynthia
M. Goshom. Please schedule this case for a Pre-Trial Conference as soon as possible.
Very' yours,
?W
Marc s A. Me t,
Cc: Cynthia M. Goshom
Mr. Terry A. Goshorn
MAM:eem
LAW OFFICES
IRWIN McKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
PENNSYLVANIA 170113222
CARLISLE
ROGERB IRWIN ,
MARCUSA McRNIGHT, III 717 248.2353
HUGHES FAX (717) 249-6354
HUGHES
REBECCA R.
REB
DANIEL W. D1ARMENT
E-MAIL: IMM LAW®AOLCOM
May 27, 1999
E. Robert Elicker, 11, Divorce Master
office of the Divorce Master
9 North Hanover Street
Carlisle, Pennsylvania 17013
Re: Cynthia M. Goshorn v. Terry A. Goshorn
96-5587 Civil Term
In Divorce
Dear Mr. Elicker:
HAROLD S. IRWIN (19211977)
HARMO S. IRWIN. A 179541980)
IRWIN, IRWIN&IRWIN (19561988)
IRWIN, IRWIN & Mc6NIGHT /1986-I99q
I have enclosed the Petition for Economic Relief which I have file on behalf of my client,
Cynthia Goshorn. Please schedule the Pre-Trial Statements.
Very truly yours,
IRWIN, WKNIGjdT & HUGHES
A. Mc i¢ t, III 1
MAM:sls
Enclosure
cc: Ms. Cynthia M. Goshom
Mr. Terry A. Goshorn
¦ o 'i'i' I h d H i
THE FROG, SWITCH 8 MANUFACTURING CO.
P.O. Box 70 • Carlisle. PA 17013 • (717) 243-2454 • FAX (717) 243-1385
November 24, 1999
Marcus A. McKnight, III, Esq.
Irwin McKnight & Hughes
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013
Re: Cynthia M. Goshorn v. Terry A. Goshorn
Dear Mr. McKnight:
Enclosed please find the information that you requested. Terry began working at The Frog,
Switch & Mfg. Co. on March 3, 1975. Attached is his 401K plan as of 09/30/99. We are
currently in a black out period due to changing our 401 k plan. We will not be out of the black
out period until January 2000. This is the most recent information that is able to be given.
Attached will show you the Pension plan and the present value.
If you have any questions, please do not hesitate to give me a call at (717) 243-2454 ext. 238.
Sincerely,
KC t-a-t'
Susan K. Losh
Human Resources
Enclosures
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The Pension Plan for Production and Maintenance Employees of the Frog, Switch & Manu
The following is the accrued benefit information for Terry A Goshorn:
Accrued monthly pension as of 11.17-1999 $ 740.00
Present value of above pension* as of 11.17.1999 $ 25,392
The accrued pension is payable at age 65.
The normal form of payment is a Life Annuity.
The accrued pension is 100% vested.
* The Present value calculation has been made based upon the assumptions promulgated
by the Pension Benefit Guaranty Corporation for annuity valuations. The interest
rate is 6.30% per year for 20 years followed by 5.25% per year. The mortality is
in accordance with the 1983 Group Annuity Mortality Table male rates.
6
Current Age : 46
Date of Birth: 4-27-1954
(Divorce:314)
CYNTHIA M. GOSHORN,
Plaintiff/Petitioner
V.
TERRY A. GOSHORN,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
1996-5587 CIVIL TERM
IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, this 61h day of March 2007, comes the Plaintiff/Petitioner, Cynthia M.
Goshorn, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for Special
Relief against the Defendant/Respondent, Terry A. Goshorn, as follows:
1.
The Petitioner is Cynthia M. Goshorn and is the Plaintiff in a divorce action filed at 1996-
5587 in Cumberland County, Pennsylvania. Her mailing address is 2207 Rock Hollow Road,
Loysville, Pennsylvania 17047.
2.
The Respondent is Terry A. Goshorn and is the Defendant in the divorce action. His
mailing address is 2207 Rock Hollow Road, Loysville, Pennsylvania 17047.
3.
The parties jointly own real estate located at 2207 Rock Hollow Road, Loysville, Perry
County, Pennsylvania 17047.
4.
The parties reached a settlement before the Divorce Master on Friday, December 3, 1999,
a copy of which is attached hereto and marked as Exhibit "A".
2
5.
The Respondent, Terry A. Goshorn, has refused to make his share of the mortgage
payments or permit the real estate to be sold.
6.
The Petitioner has had to declare bankruptcy in order to save the real estate from
foreclosure. The Petitioner has paid in excess of $30,000.00 in mortgage payments and
bankruptcy costs.
7.
The Petitioner seeks special relief for the sale of the real estate located at 2207 Rock
Hollow Road, Loysville, Pennsylvania 17047 and that the Respondent, Terry Goshorn, be
required to sign the listing agreements, deed, and settlement sheets and deliver up possession of
the real estate to any purchaser.
8.
Upon the sale of the real estate, the proceeds would be distributed as follows:
1. Payment of all settlement costs;
2. Payment to Petitioner of all costs incurred in payment of the mortgage
and its payoff as well as the bankruptcy costs; and
3. The balance to be distributed 60% to the Petitioner, Cynthia A Goshorn,
and 40% to the Respondent, Terry Goshorn
9.
The Petitioner, Cynthia A Goshorn, also seeks reasonable legal fees and the costs of this
action.
3
WHEREFORE, the Petitioner, Cynthia M. Goshorn, requests a hearing with the relief
requested above.
Respectfully submitted,
IRWIN & McKNIGHT
By.
Marcus A. McKn , III, Esquire
60 West Pomfret Street
Carlisle, PA 17013
717-249-2353
Supreme Court I.D. No: 25476
Attorney for the Plaintiff/Petitioner
Date: March 6, 2007
4
EXHIBIT "A"
CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
Yiaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 96 - 5587 CIVIL
TERRY A. GOSHORN n
Defendant IN DIVORCE
THE MASTER: Today is Friday, December-3 , 199.
This is the date we set for a conference with the?part:'es
and with Mr. McKnight, counsel for the Plaintiff. P:e-eseri
in the hearing room are the Plaintiff, Cynthia M. Goshorn,
and her counsel Marcus A. McKnight, III, and Terry A.
Goshorn, Defendant, who is acting on his own behalf. He is
not represented by counsel but is satisfied to proceed on
his own without counsel.
Mr. Goshorn, you've heard me indicate that you
are satisfied to proceed without counsel; is that correct?
MR. GOSHORN: Yeah.
THE !MASTER: This action was commenced by the
filing of a divorce complaint on October 9, 1996. The
complaint raised grounds for divorce of ---rretrievable
breakdown of the marriage. On July 17, 1.997, an amended
complaint was filed averring that the parties separated on
December 30, 1994, a period in excess of two years.
Neither the complaint nor the amended complaint
raised any economic issues. However, on May 27, 1999, the
Plaintiff filed a petition raising equitable distribution
and counsel fees, costs and expenses.
The parties were married on December 24, 1975, and
separated December 30, 1994. They are the natural parents
of two children. The daughter is 24 years of age and she is
emancipated, and the son, who is 14 years of age, is in the
custody of the wife.
After discussion at a conference on No?.Tember 12,
10-99, regarding the real estate owned by the parties, we
allowed Mr. Goshorn an opportunity to see if he could obtain
financing or devise a method wherein he could buy out wife's
interest in the property. However, Mr. Goshorn, reporting
back today, has indicated that he has not been been able to
make any arrangements for financing in order to buy out
wife's interest in the property. Consequently, after
further discussion today, the parties have reached an
agreement resolving the economic issues between them which
is going to be placed on the record by Mr. McKnight in the
presence of the parties.
The agreement as placed on the record will be
considered the substantive agreement of the parties not
subject to any changes or modifications except for
corrections of typographical errors which may be made during
the transcription. After the agreement has been transcribed
and reviewed for typographical errors, the parties and Mr.
McKnight will affix their signatures affirming the terms of
settlement as stated on the record at this time. The
Master will then be able to prepare an order vacating his
appointment and Mr. McKnight can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
Both parties have signed affidavits of consent and
waivers of notice of intention to request entry of divorce
decree which Mr. McKnight will file with, the Prothonotary's
office, therefore, the divorce can be concluded under
Section 3301(c) of the Domestic Relations Code. Mr.
McKnight.
MR. McKNIGHT:
1. The parties have agreed that each will retain their own
employment benefits. Husband is employed at Frog and.
Switch Manufacturing and has a 401(k) plan and a pension
plan, both of which will be retained. Wife waives all
claims to those benefits.
2. Wife has a 401(k) plan with Appleton Paper and husband
agrees to waive all interest in that 401(k) plan.
3. The remaining marital asset is real estate which is
located at Box 337-A, RD 1, Loysville, Pennsylvania, and the
parties agree immediately within 10 days to sign a listing
agreement listing the real estate with a realtor, and if
they cannot agree on any other, REMAX Realty in Harrisburg
would be acceptable.
Pending the sale of the home the parties will agree
to pay the outstanding mortgage at PNC Bank, each paying
$325.00 per month. The payments will be made on or before
the 17th of every month, the first payment to be made on or
before December 17, 1999, and every month thereafter until
the property is sold and the mortgage is paid off.
4. The parties agree that in light o- the difference in
their retirement benefits that the proceeds from the real
estate be divided 40=,to husband and 60?,to wife, and the
parties will agree on a listing price along with a rea__tor.
5. Both parties waive all counsel fees and costs.
6. All debts have been assumed by the parties.
7. All personal property has been previously divided up,
including vehicles.
8. Except as herein otherwise provided, 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
suture 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, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
(A discussion was held off the record.)
THE MASTER: Mr. Goshorn, you did ask a
question and we've answered that question satisfactorily to
vou?
THE WITNESS: Yeah.
THE MASTER: Do you have any other questions?
MR. GOSHORN: No.
THE MASTER: Do you understand what.- we stated
cn the record?
MR. GOSHORN: Yes.
THE MASTER: You understand that when you
leave this hearing. room you're bound by the terms of this
agreement even though nothing is signed?
MR. GOSHORN: Yeah. Right.
THE ?CASTER: You're going to cooperate with
listing the house for sale and selling the house, do you
understand that?
MR. GOSHORI`T : Um-hum.
THE MASTER: You understand that you keep
your pension benefits with your employment and your wife
keeps her pension benefits with her employment?
MR. GOSHORN: Um-hum.
THE MASTER: And that you're going to
distribute any proceeds out of the house 60° to your wife
and 40% to you?
MR. GOSHORN: Yeah.
THE MASTER: And you understand that you
signed an affidavit and a waiver today allowing the divorce
to go to conclusion?
MR. GOSHORN: Um-hum.
THE ?MASTER: Pnd you're agreeing to all of
the terms of the settlement and willing to let the statement
of the settlement resolve all economic claims between you
and your wife?
MR. GOSHORN: Yes.
THE MASTER: You're satisfied also to be
here, and I asked you this earlier, to be here without
benefit of counsel-
MR. GOSHORN : Yeah.
(A discussion was held off the record.)
MR. McKNIGHT: Off the record we've had a
discussion of the impact of the final divorce decree on the
spousal support that the wife is receiving. We agree that
upon the entry of a divorce decree spousal support will end.
We will hold in abeyance any arrearages that are owed on the
spousal support until the husband and wife are able to sell
the real estate, and provided that the husband has kept in
full his agreements under this marriage settlement. If he
has done that, then we will wipe out all of the arrearages
on the spousal support. Any child support will be
continuing as ordered by the court.
Cynthia, have you heard all of the terms of
agreement that we have reached today as we placed them on
the record?
MS. GOSHORN: Yes.
MR. McKNIGHT: Do you agree that you're
accepting those terms?
MS. GOSHORN: Yes.
MR. McKNIGHT: And you're willing to conclude
the divorce on this basis without any further claims or
li ?i?at?on?
MS. GOSHORN: Yeah.
I acknow edge that I have read the above
stipulation and agreement, that I understand the -erms of
settlement as set forth !7erein, and that by signing below I
ratify and affirm the agreement nr.evicusly made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 310 of the
Domestic Relations Code.
ght, I I I
aintiff
DATE:
?C.
j Cynthia 1?_. Goshorn
?? -
Terry Goshorn
WITNESS:
VERIFICATION
The foregoing Petition is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
QYNTHIA M. (()SHORN
Date: Larch 7, 2007
4
CYNTHIA M. GOSHORN,
Plaintiff/Petitioner
V.
TERRY A. GOSHORN,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
1996-5587 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Terry A. Goshorn
2207 Rock Hollow Road
Loysville, PA 17047
By:
60 West Pomfrbt. eet
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: March F, 2007
6
IRWIN & McKNIGHT
466
CYNTHIA M. GOSHORN,
Plaintiff/Petitioner
V.
TERRY A. GOSHORN,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
1996-5587 CIVIL TERM
: IN DIVORCE
AMENDED PETITION FOR SPECIAL RELIEF
AND NOW, this 8 h day of March 2007, comes the Plaintiff/Petitioner, Cynthia M.
Goshorn, by her attorneys, IRWIN & McKNIGHT, and makes the following Amended Petition
for Special Relief against the Defendant/Respondent, Terry A. Goshorn, as follows:
1.
The Petitioner is Cynthia M. Goshorn and is the Plaintiff in a divorce action filed at 1996-
5587 in Cumberland County, Pennsylvania. Her mailing address is 2207 Rock Hollow Road,
Loysville, Pennsylvania 17047.
2.
The Respondent is Terry A. Goshorn and is the Defendant in the divorce action. His
mailing address is 2207 Rock Hollow Road, Loysville, Pennsylvania 17047.
3.
The Honorable George E. Hoffer, ruled on previous issues in the above-referenced case
and also signed the Decree in Divorce on December 14, 1999.
4.
Hubert X. Gilroy, Esq., had been the opposing counsel for the Defendant, Terry A.
Goshorn. Attached is a copy of correspondence marked as Exhibit "A" and dated March 29,
1999, from Hubert X. Gilroy stating that he no longer represented the Defendant. All further
contact with the Defendant by the Plaintiff s counsel has been by direct service to the Defendant.
Respectfully submitted,
9-23
Supreme Court I.D. No: 25476
Date: March 8, 2007 Attorney for the Plaintiff/Petitioner
IRWIN
By: /` -
60 st P fret Str
Carl le, P 17013
717-24 et
Marc s A. ig t, III, Esquire
2
t
EXHIBIT "A"
BROUJOS & GILROY, P. c.
ATTORNEYS AT LAW
JOHN H. BROUJOS
HuBERT X. GILROY
4 NORTH HANOVER STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-4574
FACSIMILE: (717) 243-8227
INTERNET: brgi1roypc6ao1.com
March 29, 1999
Marcus McKnight, Esq.
Irwin McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
Re: Goshorn
Dear Marc:
NON-TOLL FOR HARRISBURG AREA
717-766-1690
1 forwarded your March 241h letter to Mr. Goshorn. I have not had any contact with him
in well over a year. If he contacts me and retains me, I will be in touch with you. In the
meantime, I suggest you proceed with whatever court filings you deem appropriate.
There will be no need to copy me with those court filings, 1 suggest you serve Mr.
Goshorn. directly.
Sincerely yours,
H X. Gilroy
dch
MAR 3 1999
IGNt & II WI
IRWIN, ????
CYNTHIA M. GOSHORN,
Plaintiff/Petitioner
V.
TERRY A. GOSHORN,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
1996-5587 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Terry A. Goshorn
2207 Rock Hollow Road
Loysville, PA 17047
IRWIN &
By:
HT
III, Esquire
Carlisle, A 17
(717) 249-2353
Supreme Court I.D. No. 25476
Date: March 8, 2007
3
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CYNTHIA M. GOSHORN,
PLAINTIFF
V.
TERRY A. GOSHORN,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 1996-5587 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this 12th day of March, 2007, upon consideration of the Petition for
Special Relief filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that:
1. A Rule is issued upon the Defendant to show cause why the relief requested
should not be granted;
2. The Defendant will file an answer on or before April 2, 2007;
3. The Prothonotary is directed to forward said Answer to this Court.
4. A hearing in this matter will be held on Thursday, the 10th day of May, 2007,
at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
vPOarcus A. McKnight, III, Esqui
Counsel for Plaintiff
/rry A. Goshorn J
2207 Rock Hollow Road
Loysville, PA 17047
Defendant
bas
By the Court,
A
CYNTHIA M. GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1996-5587 CIVIL
IN DIVORCE
ANSWER TO PETITION FOR SPECIAL RELIEF
AND NOW, comes the Defendant/Respondent, Terry A. Goshorn, by and
through his attorney, Michael A. Scherer, Esquire and respectfully answers the Petition
for Special for Relief as follows:
1-4. Admitted
5. Respondent, Terry A. Goshorn, has been willing to make mortgage payments
and he is in agreement to the real estate being appraised and having one party buy the
other party's interest or to the real estate being sold to a third party.
6. Admitted that the Petitioner declared bankruptcy in order to save the real
estate from a mortgage foreclosure action. By the way of further answer, the parties
consulted with an attorney regarding bankruptcy and the attorney advised that only one
of the two parties need file for bankruptcy in order to stay the mortgage foreclosure
action. Petitioner was the party to file for bankruptcy. Denied that Petitioner paid an
excess of $30,000.00 in mortgage payments and bankruptcy costs and strick proof is
demanded thereof at the time of the trial.
7. Admitted that Petitioner seeks special relief as set forth in paragraph seven.
8. Denied. The proceeds of the sale of real estate should be distributed as
follows:
1. To the payment of settlement costs;
2. Petitioner should not receive any reimbursement for alleged costs and
expenses for mortgage payments and/or the bankruptcy costs; and
3. Admitted that this proceed should be distributed sixty percent to
Petitioner, Cynthia M. Goshorn and forty percent to Respondent,
Terry A. Goshorn.
9. Denied that the Petitioner is entitled to any reimbursement for legal fees or
costs in this action.
NEW MATTER
10. The parties co-habitated in the real estate at issue in this case for several
years after the agreement was reached at the Divorce Master's office on December 3,
1999 which provided for the sale of the real estate.
11. Petitioner left the property in the fall of 2006.
12. The mortgage referred to in the Petition for Special Relief was paid off in
approximately 2004.
13. While Petitioner contributed monetary funds to the payment of the mortgage
and other house-related expenses, Respondent expended numerous hours in work on
the property which has substantially increased the value of the property since the
December 3, 1999 agreement.
14. Respondent has borrowed approximately $6,000.00 for the purpose of
paying real estate taxes for the property.
15. Respondent has sent approximately $20,000.00 on materials which were
used by him to improve the property and thereby increase the fair market value of the
property.
16. Petitioner is in possession of all or nearly all of the financial documents
which relate to the expenses for the property.
17. Respondent is entitled to a setoff for amounts claimed by Petitioner to owe
to Petitioner for payment of expenses related to the property.
18. Respondent is in need of engaging in discovery in order to verify Petitioner's
claims and to document Respondent's claims.
WHEREFORE, Respondent respectfully requests this Honorable Court enter an
Order which continues the May 10, 2007 hearing in this matter until the parties can
engage in discovery in support of their claims.
Respectfully Submitted,
O'BRIEN, BARIC & SCHERER
Date: MATT 2,05 7
Michael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Terry A. Goshorn
VERIFICATION
The statements in the foregoing Answer to Petition for Special Relief are based
upon information which has been assembled by my attorney in this litigation. The
language of the statements is not my own. I have read the statements; and to the
extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities.
Date: 0?07
J Terry A. Goshorn
CYNTHIA M. GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1996-5587 CIVIL
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that on ? ?k ?, 2007, I, Andrea M. Barrick,
secretary to Michael A. Scherer, Esquire of O'Brien, Baric & Scherer, did serve a copy
of the Answer to Petition for Special Relief, by first class U.S. mail, postage prepaid, to
the party listed below, as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Andrea M. Barrick
-ct
C l
146
CYNTHIA M. GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1996-5587 CIVIL
IN DIVORCE
ANSWER TO AMENDED PETITION FOR SPECIAL RELIEF
AND NOW, comes the Defendant/Respondent, Terry A. Goshorn, by and
through his attorney, Michael A. Scherer, Esquire and respectfully answers the
Amended Petition for Special Relief as follows:
1-4. Admitted.
Respectfully Submitted,
O'BRIEN, BARIC & SCHERER
Date: Ara'' ; 2m
-.4.4
Michael A. Scherer, Esquire
I. D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Terry A. Goshorn
VERIFICATION
The statements in the foregoing Answer to Amended Petition for Special Relief
are based upon information which has been assembled by my attorney in this litigation.
The language of the statements is not my own. I have read the statements; and to the
extent that they are based upon information which I have given to my counsel, they 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 falsifications to authorities.
Date:
erry A. Goshorn
CYNTHIA M. GOSHORN,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1996-5587 CIVIL
TERRY A. GOSHORN, IN DIVORCE
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on ? A& m , 2007, 1, Andrea M. Barrick,
secretary to Michael A. Scherer, Esquire of O'Brien, Baric & Scherer, did serve a copy
of the Answer to Amended Petition for Special Relief, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Marcus A. McKnight, 111, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Andrea M. Barrick
a
-rt
c n
CYNTHIA M. GOSHORN,
Plaintiff/Petitioner
V.
TERRY A. GOSHORN,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: 1996-5587 CIVIL TERM
IN DIVORCE
ANSWER TO NEW MATTER
AND NOW, this 1 st day of May 2007, comes the Plaintiff/Petitioner, Cynthia M.
Goshorn, by her attorneys, IRWIN & McKNIGHT, and makes the following Answer to New
Matter raised by the Defendant/Respondent, Terry A. Goshorn:
10.
The averments of fact contained in paragraph ten (10) of the New Matter are specifically
denied. On the contrary, they did not cohabitate the property together but would use the property
for mailing purposes. During a significant portion of time, the Petitioner lived in another state.
11.
The averments of fact contained in paragraph eleven (11) of the New Matter are
specifically denied. On the contrary, the Petitioner has repeatedly sought to have the property
sold in order to purchase a home to live in. The Respondent has refused and continues to refuse
to sign the Real Estate Agreement.
12.
The averments of fact contained in paragraph twelve (12) of the New Matter are
specifically denied. If the Respondent has specific information, proof thereof is demanded.
13.
The averments of fact contained in paragraph thirteen (13) of the New Matter are
specifically denied. On the contrary, if the Respondent has spent time working on the property,
the Petitioner is without such knowledge. Proof thereof is demanded.
14.
The averments of fact contained in paragraph fourteen (14) of the New Matter are
specifically denied. On the contrary, if the Respondent has paid any real estate taxes, the
Petitioner has no knowledge of said payments. Proof thereof is demanded.
15.
The averments of fact contained in paragraph fifteen (15) of the New Matter are
specifically denied. On the contrary, if the Respondent has spent his own funds on the property,
the Petitioner is without such knowledge. Proof thereof is demanded.
16.
The averments of fact contained in paragraph sixteen (16) of the New Matter are
specifically denied. On the contrary, the Petitioner cannot have all the final documents if the
Respondent has paid taxes, bought materials and increased the value of the property.
Unfortunately, the value of the property has not increased and the building continues to
deteriorate.
2
17.
The averments of fact contained in paragraph seventeen (17) of the New Matter are
specifically denied. On the contrary, the Respondent is not entitled to set offs since this issue
was resolved by the Divorce Master and the Respondent has repeatedly refused to cooperate with
the sale of the real estate.
18.
The averments of fact contained in paragraph eighteen (18) of the New Matter are
specifically denied. On the contrary, the Respondent has requested discovery and the Petitioner
has provided all discovery she has access to.
WHEREFORE, the Petitioner requests that the hearing scheduled for May 10, 2007, to
be held in order to obtain the Respondent's signatures on the Listing Agreement in order for the
real estate to be sold.
Respectfully submitted,
IRWIN &
By:
60 West Pomfret S
Carlisle, PA 17013
717-249-2353
Supreme Court I.D. No: 25476
Date: May 1, 2007 Attorney for the Plaintiff/Petitioner
3
1W
VERIFICATION
The foregoing document is based upon information which has been gathered by counsel
for the petitioner in the preparation of this document. To the extent that the document is based
upon information which has been gathered by counsel, it is true and correct to the best of the
counsel's knowledge, information and belief. The undersigned is verifying on behalf of the
petitioner according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false
statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date: May 1, 2007
CYNTHIA M. GOSHORN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
1996-5587 CIVIL TERM
TERRY A. GOSHORN,
Defendant/Respondent IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Michael A. Scherer, Esq.
19 West South Street
Carlisle, PA 17013
IRWIN &
///: /;,* . G 'C
By: arcu A. Mc igh III, Esquire
60 W omfr Stre
Carlisle, PA 17
(717) 249-2353
Supreme Court I.D. No. 25476
Date: May 1, 2007
4
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CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1996-5587 CIVIL
V.
CIVIL ACTION - LAW
TERRY A. GOSHORN,
DEFENDANT IN DIVORCE
ORDER OF COURT
AND NOW, this 4th day of May, 2007, upon consideration of the Petition for
Special Relief filed by the Plaintiff, the Answer and New Matter filed by Defendant and
the Answer to New Matter filed by the Plaintiff,
IT IS HEREBY ORDERED AND DIRECTED that the Request for a Continuance
of the May 10, 2007 hearing is DENIED. The hearing will be held on Thursday,
May 10, 2007 at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse,
Carlisle, Pennsylvania.
arcus A. McKnight, III, Esquire
Attorney for Plaintiff
chael Scherer, Esquire
Attorney for Defendant J
i
bas
By the Court,
?-d\
M. L. Ebert, Jr., J.
?j
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&...- -0.
CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner: CUMBERLAND COUNTY, PENNSYLVANIA
V.
TERRY A. GOSHORN, CIVIL ACTION - LAW
Defendant/Respondent: NO. 96-5587 CIVIL TERM
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 10th day of May, 2007, after hearing
in the above-captioned matter, it is hereby ordered and
directed that the property in question shall be appraised by
an appraiser suitable to the Petitioner. The Respondent
shall pay for the appraisal. This appraisal shall be
completed on or before the close of business on May 31,
2007.
It is further ordered and directed that the
Respondent shall tender his best offer for sale of the
property on or before the 29th of June, 2007, and have
secured satisfactory financing to pay for the amount in
question by that date.
Should this transaction not be concluded by June
29, 2007, the Respondent will be directed to sign the
listing agreement and any deed and settlement sheets
necessary to deliver possession of this piece of real estate
to any purchaser pursuant to the listing.
By the Court,
M. L. Ebert, Jr., J
?-arcus A. McKnight, III, Esquire
? For the Plaintiff/Petitioner
,,?Schael A. Scherer, Esquire
For the Defendant/Respondent J
lfh
r
V
!I
CYNTHIA M. GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1996-5587 CIVIL
IN DIVORCE
PETITION TO MODIFY ORDER
AND NOW, comes Terry A. Goshorn, by and through his attorney, Michael A. Scherer,
Esquire and respectfully represents as follows:
1. The Defendant, Terry A. Goshorn, (hereinafter "Husband"), is represented by
Michael A. Scherer, Esquire.
2. The Plaintiff, Cynthia M. Goshorn, (hereinafter "Wife"), is represented by Marcus
A. McKnight, III, Esquire.
3. This Honorable Court entered an Order dated May 10, 2007 providing that an
appraisal must be completed by May 31, 2007.
4. According to the Order, the appraiser was to be selected by Wife.
5. At the conclusion of the court hearing on May 10, 2007, undersigned counsel
asked Wife's counsel who she selects as an appraiser and her counsel selected Steve Barrett.
6. On May 10, 2007, undersigned counsel contacted Mr. Barrett's office to arrange
for the appraisal; however, Mr. Barrett was not available to take the call.
7. On May 11, 2007, undersigned counsel wrote Mr. Barrett a letter requesting the
appraisal, which letter is attached hereto as "Exhibit A."
8. Unfortunately, Mr. Barrett was only able to inspect the property for purposes of
the appraisal on May 29, 2007.
9. Mr. Barrett's office is in Carlisle and it is inconvenient for him to travel to Perry
County to obtain comparable property information at the Perry County Courthouse. As such,
Mr. Barrett is unable to complete the appraisal until June 8, 2007.
10. Undersigned counsel contacted Marcus McKnight, III, Esquire, to request
permission to extend the deadline for the appraisal.
11. Marcus McKnight, III, Esquire, agreed to the extension in a phone conversation
of March 30, 2007.
12. The Honorable M.L. Ebert, Jr. was previously assigned to this case and issued
an Order dated May 10, 2007.
WHEREFORE, undersigned counsel respectfully requests the appraisal required by the
Order dated May 10, 2007, shall be permitted to be completed by June 8, 2007.
Respectfully Submitted,
O'BRIEN, BARIC & SCHERER
Date: June 1, 2007
Robert J. Dailey, Es for
Michael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Terry A. Goshorn
Law Offices
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, Pennsylvania 17013
Robert L. O'Brien
David A. Baric
Michael A. Scherer
Robert J. Dailey
May 11, 2007
Steven W. Barrett
S.W. Barrett Real Estate and Appraisal Services
126 North Hanover Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Fax: (717) 249-5755
Email: mschererA
,obslaw. com
RE: Property Address: 2207 Rock Hollow Road,
Loysville, Perry County, Pennsylvania
Owners: Terry A. Goshorn and Cynthia M. Goshorn
Dear Steve:
I spoke with your secretary yesterday regarding my request for an appraisal of the
above-captioned property. Your name was specifically mentioned for this appraisal in this
divorce case and I would appreciate it if you would personally sign the appraisal if you are
able to perform it.
Please contact me to let me know whether or not you are available to do it and the
cost. We would need the report by May 31, 2007.
Very truly yours,
O'BRIEN, BARIC & SCHERER
L
Michael A. Scherer, Esquire
MAS/ta
cc: File
mas%DomesticlGoshorn,Terrylbarrett.itr
EXHIBIT "A"
CYNTHIA M. GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1996-5587 CIVIL
IN DIVORCE
VERIFICATION
I verify that the statements made in the foregoing Petition to Modify Order are true and
correct to the best of my knowledge, information and belief. This verification is signed by
Robert J. Dailey, Esquire for Michael A. Scherer, Esquire, Attorney for Defendant and is based
upon the statements provided by Defendant, as well as documents reviewed by the
undersigned as attorney for Defendant. I understand that false statements herein are made
subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities.
Date: June 1, 2007
t
6 U?'
Robert J. bailey, Es uire for
Michael A. Scher ,Esquire
r-3
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fQ
i
JUN o 4 zom1?e/
CYNTHIA M. GOSHORN,
Plaintiff
V.
TERRY A. GOSHORN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1996-5587 CIVIL
IN DIVORCE
ORDER OF COURT
th
AND NOW, this 4 day of ?Ly?lL , 2007, the appraisal required by the
Order dated May 10, 2007, shall be permitted to be completed by June 8, 2007. In all other
respects, the May 10, 2007 Order of Court remains in full force and effect.
BY THE COURT,
)t:? ?6
M.L. Ebert, Jr., Judge
Michael A. Scherer, Esquire
O'Brien, Baric & erer
19 West S Street
Carlisle ennsylvania 17013
arcus A. McKnight, III, Esquire J
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
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h£ .I wd ?- PICLHI
AUV1C??i.lC?-Q??11 ? ?Cl
CYNTHIA M. GOSHORN,
Plaintiff/Petitioner
V.
TERRY A. GOSHORN,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
1996-5587 CIVIL TERM
IN DIVORCE
PETITION FOR SPECIAL AND EMERGENCY RELIEF
AND NOW, this 16th day of June, 2009, comes the Plaintiff/Petitioner, Cynthia M.
Goshorn, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for Special
Relief and Emergency Relief against the Defendant/Respondent, Terry A. Goshorn, as follows:
1.
The Petitioner is Cynthia M. Goshorn and is the Plaintiff in a divorce action filed at 1996-
5587 in Cumberland County, Pennsylvania. Her mailing address is 603 Wyndamere Road,
Etters, Pennsylvania 17319.
2.
The Respondent is Terry A. Goshorn and is the Defendant in the divorce action. His
mailing address is 2207 Rock Hollow Road, Loysville, Pennsylvania 17047.
3.
The parties jointly own real estate located at 2207 Rock Hollow Road, Loysville, Perry
County, Pennsylvania 17047.
4.
The parties reached a settlement before the Divorce Master on Friday, December 3, 1999,
a copy of which is attached hereto and marked as Exhibit "A".
2
5.
The Respondent, Terry A. Goshorn, has continually refused to make his share of the
mortgage payments or permit the real estate to be sold.
6.
The Petitioner has had to declare bankruptcy in order to save the real estate from
foreclosure. The Petitioner has paid in excess of $30,000.00 in mortgage payments and
bankruptcy costs.
7.
A hearing for special relief was held on May 10, 2007 before the Honorable M. L. Ebert,
Jr. A copy of the Order of Court is attached hereto and marked as Exhibit "B".
8.
Without the knowledge or consent of the Petitioner, the Respondent secured a mortgage
against the real estate from Wachovia Bank in the amount of $40.000.00. He used the money for
his own purposes and to purchase vehicles. The real estate was listed at $250.000.00 and is now
listed at $180,000.00. the Respondent, Terry Goshorn, has taken the following to make the real
estate impossible to sell under the current market conditions:
A. He has taken possession of the garage located on the real estate. He has placed
locks on the garage and refuses to let the realtor show the garage to any
prospective purchasers.
B. The Respondent refuses to repair the house and has refused to remove his
possessions from the house.
C. The Respondent has threatened to cut off any locks placed on the house by the
realtors.
D. The Respondent has threatened the Petitioner with physical harm.
E. The Respondent refuses to pay any of the real estate taxes or maintenance
expenses.
3
9.
The Respondent has a 401(k) plan and/or a retirement plan with his employer, Frog &
Switch Manufacturing.
10.
The Respondent conducts a junk business on the property while he collects
unemployment and continues to permit the property to deteriorate.
11.
The Petitioner seeks the following:
A. Exclusive possession of the real estate and removal of all the Respondent's
belongings from the garage, house, and property.
B. Distribution from the Respondent's 401(k) plan and/or retirement account to the
Petitioner to pay the reasonable legal fees and for payment of the real estate taxes
and property insurance.
C. Payments from the Respondent to the Petitioner which would be charged as
alimony payments to reimburse the Petitioner for all the expenses incurred by her
to maintain the property and also for the reimbursement of bankruptcy costs.
D. Any other appropriate relief by the Court which is deemed necessary
WHEREFORE, the Petitioner, Cynthia M. Goshorn, requests a hearing with the relief
requested above.
Respectfully submitted,
IRWIN & NW(NIGHT, P.C.
By: !' 170
Marcus . McKnig , , Esquire
60 West omfret Str?df
Carlisle, PA 17013
717-249-2353
Supreme Court I.D. No: 25476
Date: June 16, 2009 Attorney for the Plaintiff/Petitioner
4
EXHIBIT "A"
CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 96 - 5587 CIVIL
C7 ?? b
C ua ,?
TERRY A. GOSHORN, c? _.
Defendant IN DIVORCE i'M
cr.• z: C)
THE MASTER: Today is Friday, Deceml6; 3, 19
This is the date we set for a conference with Ag-b V;?rt s?
and with Mr. McKnight, counsel for the Plaintiff. ';?-Pre,§ent
in the hearing room are the Plaintiff, Cynthia M. Goshorn,
and her counsel Marcus A. McKnight, III, and Terry A.
Goshorn, Defendant, who is acting on his own behalf. He is
not represented by counsel but is satisfied to proceed on
his own without counsel.
Mr. Goshorn, you've heard me indicate that you
are satisfied to proceed without counsel; is that correct?
MR. GOSHORN: Yeah.
THE MASTER: This action was commenced by the
filing of a divorce complaint on October 9, 1996. The
complaint raised grounds for divorce of irretrievable
breakdown of the marriage. On July 17, 1997, an amended
complaint was filed averring that the parties separated on
December 30, 1994, a period in excess of two years.
Neither the complaint nor the amended complaint
raised any economic issues. However, on May 27, 1999, the
Plaintiff filed a petition raising equitable distribution
and counsel fees, costs and expenses.
The parties were married on December 24, 1975, and
separated December 30, 1994. They are the natural parents
of two children. The daughter is 24 years of age and she is
emancipated, and the son, who is 14 years of age, is in the
custody of the wife.
After discussion at a conference on November 12,
1999, regarding the real estate owned by the parties, we
allowed Mr. Goshorn an opportunity to see if he could obtain
financing or devise a method wherein he could buy out wife's
interest in the property. However, Mr. Goshorn, reporting
back today, has indicated that he has not been been able to
make any arrangements for financing in order to buy out
wife's interest in the property. Consequently, after
further discussion today, the parties have reached an
agreement resolving the economic issues between them which
is going to be placed on the record by Mr. McKnight in the
presence of the parties.
The agreement as placed on the record will be
considered the substantive agreement of the parties not
subject to any changes or modifications except for
corrections of typographical errors which may be made during
the transcription. After the agreement has been transcribed
and reviewed for typographical errors, the parties and Mr.
McKnight will affix their signatures affirming the terms of
settlement as stated on the record at this time. The
Master will then be able to prepare an order vacating his
appointment and Mr. McKnight can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
Both parties have signed affidavits of consent and
waivers of notice of intention to request entry of divorce
decree which Mr. McKnight will file with the Prothonotary's
office, therefore, the divorce can be concluded under
Section 3301(c) of the Domestic Relations Code. Mr.
McKnight.
MR. MCKNIGHT:
1. The parties have agreed that each will retain their own
employment benefits. Husband is employed at Frog and
Switch Manufacturing and has a 401(k) plan and a pension
plan, both of which will be retained. Wife waives all
claims to those benefits.
2. Wife has a 401(k) plan with Appleton Paper and husband
agrees to waive all interest in that 401(k) plan.
3. The remaining marital asset is real estate which is
located at Box 337-A, RD 1, Loysville, Pennsylvania, and the
parties agree immediately within 10 days to sign a listing
agreement listing the real estate with a realtor, and if
they cannot agree on any other, REMAX Realty in Harrisburg
would be acceptable.
Pending the sale of the home the parties will agree
to pay the outstanding mortgage at PNC Bank, each paying
$325.00 per month. The payments will be made on or before
the 17th of every month, the first payment to be made on or
before December 17, 1999, and every month thereafter until
the property is sold and the mortgage is paid off.
4. The parties agree that in light of the difference in
their retirement benefits that the proceeds from the real
estate be divided 40%to husband and 60%to wife, and the
parties will agree on a listing price along with a realtor.
5. Both parties waive all counsel fees and costs.
6. All debts have been assumed by the parties.
7. All personal property has been previously divided up,
including vehicles.
8. Except as herein otherwise provided, 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, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
(A discussion was held off the record.)
THE MASTER: Mr. Goshorn, you did ask a
question and we've answered that question satisfactorily to
you?
THE WITNESS: Yeah.
THE MASTER: Do you have any other questions?
MR. GOSHORN: No.
THE MASTER: Do you understand what we stated
on the record?
MR. GOSHORN: Yes.
THE MASTER: You understand that when you
leave this hearing room you're bound by the terms of this
agreement even though nothing is signed?
MR. GOSHORN: Yeah. Right.
THE MASTER: You're going to cooperate with
listing the house for sale and selling the house, do you
understand that?
MR. GOSHORN: Um-hum.
THE MASTER: You understand that you keep
your pension benefits with your employment and your wife
keeps her pension benefits with her employment?
MR. GOSHORN: Um-hum.
THE MASTER: And that you're going to
distribute any proceeds out of the house 60% to your wife
and 40% to you?
MR. GOSHORN: Yeah.
THE MASTER: And you understand that you
signed an affidavit and a waiver today allowing the divorce
to go to conclusion?
MR. GOSHORN: Um-hum.
THE MASTER: And you're agreeing to all of
the terms of the settlement and willing to let the statement
of the settlement resolve all economic claims between you
and your wife?
MR. GOSHORN: Yes.
THE MASTER: You're satisfied also to be
here, and I asked you this earlier, to be here without
benefit of counsel?
MR. GOSHORN: Yeah.
(A discussion was held off the record.)
MR. McKNIGHT: Off the record we've had a
discussion of the impact of the final divorce decree on the
spousal support that the wife is receiving. We agree that
upon the entry of a divorce decree spousal support will end.
We will hold in abeyance any arrearages that are owed on the
spousal support until the husband and wife are able to sell
the real estate, and provided that the husband has kept in
full his agreements under this marriage settlement. If he
has done that, then we will wipe out all of the arrearages
on the spousal support. Any child support will be
continuing as ordered by the court.
Cynthia, have you heard all of the terms of
agreement that we have reached today as we placed them on
the record?
MS. GOSHORN: Yes.
MR. McKNIGHT: Do you agree that you're
accepting those terms?
MS. GOSHORN: Yes.
MR. McKNIGHT: And you're willing to conclude
the divorce on this basis without any further claims or
litigation?
MS. GOSHORN: Yeah.
0
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
ht, III
intiff
DATE:
?tc. 3 l49-F
Cynthia M. Goshorn
Terry Goshorn
WITNESS:
r
CYNTHIA M. GOSHORN,
Plaintiff/Petitioner:
V.
TERRY A. GOSHORN,
Defendant/Respondent:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-5587 CIVIL TERM
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 10th day of May, 2007, after hearing
in the above-captioned matter, it is hereby ordered and
directed that the property in question shall be appraised by
an appraiser suitable to the Petitioner. The Respondent
shall pay for the appraisal. This appraisal shall be
completed on or before the close of business on May 31,
2007.
It is further ordered and directed that the
Respondent shall tender his best offer for sale of the
property on or before the 29th of June, 2007, and have
secured satisfactory financing to pay for the amount in
question by that date.
Should this transaction not be concluded by June
29, 2007, the Respondent will be directed to sign the
listing agreement and any deed and settlement sheets
necessary to deliver possession of this piece of real estate
to any purchaser pursuant to the listing.
By the Court,
M. L. Ebert, Jr., J
arcus A. McKnight, III, Esquire
the Plaintiff/Petitioner
Michael A. Scherer, Esquire
For the Defendant/Respondent
:lfh
1payza
MAY 18 2007
IRWIIra & [:4c;.,?.`,2\TTG'HT
EXHIBIT "B"
VERIFICATION
The foregoing Petition is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
O*THIA M. GOSHORN
Date: June 16, 2009
5
CYNTHIA M. GOSHORN,
Plaintiff/Petitioner
V.
TERRY A. GOSHORN,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
1996-5587 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Terry A. Goshorn
2207 Rock Hollow Road
Loysville, PA 17047
IRWIN & McKNIGHT
By:
60 West omfret Street
Carlisle, 17013
(717) 249-23
Supreme Court I.D. No. 25476
Date: June 16, 2009
6
r
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2009 j! f
16
F='?s
I
JUN 17 2089 ?
UYNTHIA M. GOSHORN,
Plaintiff/Petitioner
V.
TERRY A. GOSHORN,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
1996-5587 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this-4'day of , 2009, upon consideration of the
attached Petition for Special and Emergency Relief, a hearing is hereby scheduled
for 1 , 2009, in Courtroom No. S , at o'clock 1!?-. m.,
Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013.
By: 1%? 1. U:? 1
M. L. Ebert, Jr., Ju
cc: Marcus A. McKnight, III
Attorney for Plaintiff/Petitioner
Terry A. Goshorn, Respondent
OF THEE
2069 JUN 23 A S; 4 6
CYNTHIA M. GOSHORN, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 96-5587 CIVIL
CIVIL ACTION - LAW
TERRY A. GOSHORN,
DEFENDANT IN DIVORCE
ORDER OF COURT
AND NOW, this 1St day of September, 2009, the parties having met this date and
did resolve some of the issues pending, and further having requested a status
conference,
IT IS HEREBY ORDERED AND DIRECTED that a status conference with
counsel will be held on Tuesday, October 20, 2009, at 9:00 a.m. in chambers of
Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
? Marcus A. McKnight, III, Esquire
Attorney for Plaintiff
? Michael Scherer, Esquire
Attorney for Defendant
bas
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M. L. Ebert, Jr., J.
FTUttr- 1':::i afr
7?{ ;,:NARY
2009 SEP -2 AM 8* 04
CYNTHIA M. GOSHORN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
1996-5587 CIVIL TERM
TERRY A. GOSHORN,
Defendant/Respondent IN DIVORCE
ORDER OF COURT
AND NOW, this 23`d day of October, 2009, after hearing in this case, and it appearing
that there has been no progress made toward settlement of this matter,
IT IS HEREBY ORDERED AND DIRECTED as follows:
1. Exclusive possession of the property in question shall be granted to the Plaintiff.
2. The Plaintiff shall be granted authority to list the property for sale and to enter
into any Listing Agreements or Agreements of Sale.
3. The Defendant is prohibited from entering the property without the express
permission of the Plaintiff.
300.x e
4. Reasonable legal fees in the amount of $9 shall be granted to the Plaintiff.
5. The Defendant shall have thirty (30) days to remove his personal property from
the garage and the property. Anything remaining after November 30, 2009, will
be the exclusive property of the Plaintiff.
By: *k t UtA
M. L. Ebert, Jr., Jud
f ?09 OK A
cc: Marcus A. McKnight, III, Esq. - hard d el iverwl 1ol
Attorney for Plaintiff/Petitioner
Michael A. Scherer, Esq. . e y •na? CEC 10 4a3l64 txm
Attorney for Defendant/Respondent
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GCT U St 12
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ZO 10 MAR -3 ~~ J t : l; ~
CUM~_~~:'~~ ;~ E~J'JNTy
rte! dI V~ I~~V ~ ~ ~~
MaR o 2 20~~
CYNTHIA M. GOSHORN,
Plaintiff/Petitioner
v.
TERRY A. GOSHORN,
Defendant/Respondent
ORDER OF COURT
AND NOW, this ~ day of March, 2010, upon consideration of the attached Petition
for Special and Emergency Relief, a hearing is hereby scheduled for ,
2010, in Courtroom No. 2, at :~(7 o'clock ~. m., Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania 17013.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
1996-5587 CIVIL TERM
IN DIVORCE
By:
M. L. Ebert, Jr., Jud
cc: "Marcus A. McKni ht III
g
Attorney for Plaintiff/Petitioner
~ Michael A. Scherer, Esq.
Attorney for DefendantlRespondent
C~i £S /Ylail~.
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