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HomeMy WebLinkAbout01-05451[N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ~ ~. JOHN E. GOUGHENOUR, 'y.:'. PLAINTIFF VERSUS BAC T. GOUGHENOUR, DEFENDANT No. 01-5451 CIVIL TERM DECREE IN DIVORCE AND NOW, `~~V\JL ~ ~ `~v~ IT IS ORDERED AND JOHN E. GOUGHENOUR DECREED THAT AND BAC T. GOUGHENOUR ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, ,DEFENDANT, PROTHONOTARY ~: 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; NONE ,, 2; b18~%iB~~d63 .: W@EY36Y,4.dL3 ~.~ ~r_x a, fle ~.e,,.ea m'9'OLw' - ~ ~Nufr~.Y+C - "fib - H ° .. o-, Ci VD-~A rIV JOHN E. GOUGHENOUR, PLAINTIFF V. BAC T. GOUGHENOUR, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5451 CIVIL TERM IN RE: EXCEPTIONS OF DEFENDANT TO DIVORCE MASTER'S REPORT BEFORE BAYLEY, J. ECONOMIC ORDER AND NOW, this ~ ~~day of June, 2005, concurrent with the entry of a decree in divorce, the following economic order is entered: (1) John E. Goughenour is awarded the following marital property: 401(k) plan Pension with High Mark Blue Shield (2) Bac T. Goughenour is awarded the following marital property: IVlarital residence at 6107 Hay Market Way, Mechanicsburg, Cumberland County Thrift savings plan FERS pension Citizens Mutual Fund Member's 1St checking account Member's 1St savings account (3) Wife shall be responsible for the following debt and shall indemnify husband and save him harmless for such debt: Personal service loan, Master Card No. 3231, Master Card No. 4946. (4) Husband shall be responsible for the following debt and shall indemnify wife and save her harmless for such debt: Master Card No. 3238, Visa No. 4847, Sears. (5) John E. Goughenour is awarded $500 from Bac T. Goughenour on account of his attorney fees which shall be paid within 35 days of this date. `~ 01-5451 CIVIL TERM (ti) Husband shall transfer to wife within 60 days of this date, by special warranty deed, all his right, title, and interest to the real estate situate at 6107 Hay Market Way, Mechanicsburg, Cumberland County, Pennsylvania. (7) Wife shall pay husband $50,624.33 within 60 days of this date. (8) Husband and wife shall, within 60 days of this date, sign all titles and documents to transfer ownership of assets assigned to each of them. Otherwise, if no release of claims or transfers are required, each spouse shall become the sole and separate owner of all of the assets assigned. Neither spouse shall have any interest or claims in the pensions of the other spouse. (g) Each spouse shall transfer to the other all items of tangible personal property set forth in the exhibits requested by each to be delivered to them. All the remaining household tangible personal property currently in the possession of wife shall become her sole and separate property. The delivery and receipt of items of household tangible personal property shall not affect the required transfer of assets and payments as otherwise set forth in the timeframes established. - ,r'',~ court, Marlin L. Markley, Esquire For John E. Goughenour Linda A. Clotfelter, Esquire For Bac T. Goughenour :dgar B. Bayley, sal -2- ~. ~1 t_ ~J, _.:'et~~~i JOHN E. GOUGHENOUR, PLAINTIFF V. BAC T. GOUGHENOUR, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-5451 CIVIL TERM IN RE: EXCEPTIONS OF DEFENDANT TO DIVORCE MASTER'S REPORT BEFORE BAYLEY. J. OPINION AND ORDER OF COURT Bayley, J., June 15, 2005:-- Plaintiff, John E. Goughenour, and defendant, Bac T. Goughenour, were married on August 23, 1980. They have two emancipated children. Husband, age 46, has a Bachelor of Arts degree, and is a manager for High Mark Blue Shield. Wife, age 46, has a Bachelors degree in math and computer science, and is a computer specialist for the United States Government. Both spouses are in good health. Wife lives in the marital residence. The Divorce Master found that the value of the marital property was $625,036, and the marital debt totaled $24,916.54. After making an analysis of the factors set forth in the Divorce Code at 23 Pa.C.S. 3502(a), the Master recommended that the equitable distribution of the marital property should be 45% to husband, $281,266.20, and 55% to wife, $343,769.80. The Master recommended the following schedule: TO HUSBAND 401(k) plan $159,268.00 Pension with High Mark Blue Shield 92,897.00 TOTAL $252,165.00 01-5451 CIVIL TERM TO WIFE Marital residence at 6107 Hay Market Way, Mechanicsburg, Cumberland County $196,350.00 Thrift savings plan 93,657.00 FERS pension 79,945.00 Citizens Mutual Fund 2,331.00 Member's 1gt checking account 545.00 Member's 1ST savings account 43.00 TOTAL $372,871.00 Net credit to husband on account of rental value is $24,021.75. Net credit to wife on account of marital debt is $2,291.89. Wife shall pay husband the sum of $50,831.06 within 60 days of a final order. After incorporating the analysis in Section 3502(a) with an analysis of the additional factors in Section 3701(b), the Master recommended that wife's claim for alimony be denied. The Master further recommended that wife's claim for counsel fees be denied, that wife pay husband $500 on account of husband's counsel fees, and that the parties divide equally the $1,050 cost of the evaluations of their pensions. Wife filed four exceptions to the Master's Report. In Tagnani v. Tagnani, 439 Pa. Super. 596 (1995), the Superior Court of Pennsylvania stated: Notwithstanding the fact that the Master observes and hears the testimony of the witnesses, the trial court is not bound by the master's recommendations. "In reviewing the trial court's determination, we must keep in mind that the court was free to accept or reject the parties' testimony." "Although the master's report is entitled to great weight, that final responsibility for making the [equitable] distribution [of property] rests with the court." (Citations omitted.) I. THE MASTER'S INCORRECT COMPUTATION OF HUSBAND'S MONTHLY NET INCOME MUST BE ADDRESSED TO PROPERLY EFFECTUATE THE EQUITABLE DISTRIBUTION OF THE PARTIES' MARITAL ASSETS. -2- 01-5451 CIVIL TERM In making a Section 3502(a) analysis for the purposes of recommending the equitable distribution of marital property, the Master concluded that husband had a net monthly income of $5,042, and that wife had a net monthly income of $3,549. Both parties agree that the Master erred in calculating husband's net monthly income which is $5,141.85, not $5,042. Using the Master's calculation, the total combined monthly net income of the parties was $8,591, with husband's net income representing 58.69% of that amount. Correcting the Master's calculation, the combined monthly net income is $8,690.85, with husband's net income representing 59.16% of that amount. Although the difference is only 0.47%, wife argues that the difference warrants a distribution of marital property to her of 60%, and to husband of 40%. The minor difference in the correct calculation of husband's net monthly income, which was one of twelve factors the Master analyzed pursuant to Section 3502(a), does not warrant our not accepting the Master's recommended distribution of marital property. II. THE MASTER SHOULD HAVE DEDUCTED THE COSTS AND EXPENSES OF THE FUTURE SALE OF THE RESIDENCE AS REQUIRED BY THE NEWLY REVISED PENNSYLVANIA DIVORCE CODE, SECTION 3502. Section 3502 of the Divorce Code provides in pertinent part: Equitable division of marital property (a) General rule. Upon the request of either party in an action for divorce or annulment, the court shall equitably divide, distribute or assign, in kind or otherwise, the marital property between the parties without regard to marital misconduct in such percentages and in such manner as the court deems just after considering all relevant factors. The court may consider each marital asset or group of assets independently and apply a different percentage to each marital asset or group of assets. Factors -3- 01-5451 CIVIL TERM which are relevant to the equitable division of marital property include the following: ... (10.2) The expense of sale, transfer or liquidation associated with a particular asset, which expense need not be immediate and certain. (Emphasis added.) In analyzing the twelve factors in an equitable distribution analysis as set forth in Section 3502(a), the Master stated: Although no specific testimony was offered on the expense of sale or transfer of assets, nevertheless, the Master does take judicial notice of the fact that with respect to the real estate, cost of sale would be approximately 8% of the sale price which would include realtor's commission and transfer tax. Wife argues that it was error not to reduce the value of the marital residence she is receiving, $196,350, by 8%. She misconstrues Section 3502(a) (10.2). The Master is not required by that Section to reduce the value of real estate awarded by the amount of the expenses of a sale should the property be sold in the future. Rather, the Master is only required to consider the cost of any future sale of the property as a factor, along with all other factors in Section 3502(a), in making a recommendation for the equitable distribution of all marital property. Section 3502(a) factors are guidelines. The Section does not specify the weight to be given to any one factor. Sergi v. Sergi, 351 Pa. Super. 588 (1986). III. BECAUSE THE MASTER ERRED IN HIS CALCULATION OF THE FAIR RENTAL VALUE SUM OWED BY WIFE TO HUSBAND, THE SUM OWED BY WIFE TO HUSBAND MUST BE ADJUSTED. The parties stipulated that there was no mortgage and no liens on the marital residence, and that the rental value was $1,275 per month. They stipulated to the -4- 01-5451 CIVIL TERM amount of the real estate taxes and the cost of insurance. When the stipulations were entered at the hearing before the Master, wife had lived without husband in the marital residence for forty-one months. When the Master filed a report, wife had lived there for forty-three months. The Master provided husband with forty-three months of fair rental value, less one-half of wife's expenses for only forty-one months, not forty-three months. It is within the discretion of the court to make an award to a spouse out of possession for rental value of a jointly owned marital residence. Trembach v. Trembach, 419 Pa. Super. 80 (1992). When rental value is made part of an order of equitable distribution, the spouse in possession is entitled to a credit for one-half of the debt service and insurance costs on the property. Id. In the present case, since the Master awarded husband fair rental value for forty-three months, and only gave wife credit for one-half of forty-one months of expense for real estate taxes and insurance, we will adjust the credit to wife for two more months of such expenses.' IV. THE MASTER'S DISTRIBUTION OF 45% TO PLAINTIFF AND 55% TO DEFENDANT WAS IN ERROR, AND, UPON AN EVALUATION OF THE PERTINENT FACTORS, A DISTRIBUTION OF 40% TO PLAINTIFF AND 60% TO DEFENDANT WOULD BE IN ORDER. The Master made the following Section 3052(a) analysis: 1. The parties were married and living together in a marital relationship for approximately 21 years and have been separated for ' The additional credit is $206.73; $179.16 for the taxes and $27.58 for the insurance. Thus, husband's net rental claim is $23,815.02, not $24,021.75. -5- 01-5451 CIWIL TERM approximately 3 and '/z years. 2. Neither party was previously married. 3. Husband is 46 years of age. He has a Bachelor of Arts degree from California State University of Pennsylvania in Administration and Management and is employed as a manager at High Mark Blue Shield where his net monthly income is $5,042.00. Husband has not raised any health issues. Husband receives company benefits with his employment. Wife is 46 years of age. She has a degree from California State University of Pennsylvania in Math and Computer Science. She works for the Naval Supply Facility in Mechanicsburg as a computer specialist where she has been employed for over 20 years. Her net monthly income is $3,549.00. Wife has not raised any health issues. Wife has a package of benefits including health care and retirement through her employment. 4. Neither party made any significant contribution to the other party for education, training, or increased earning power. 5. Both parties have the opportunity to acquire assets in the future based on their earnings and contributions to pensions and savings plans. 6. The sources of income of both parties are related specifically to their employment as well as benefits which are derived through that employment with the High Mark Blue Shield and the federal government. 7. Both parties contributed to the acquisition of the marital estate and neither party can be charged with any dissipation of the marital estate. 8. The value of property set apart to each party will be what he or she receives in the distribution of the marital assets. 9. The standard of living of the parties established during the marriage was comfortable and middle class. 10. At the time of the distribution of assets, the economic circumstances of the parties are based on their respective earnings and benefits that they may receive from their present employment as well as the assets awarded in the divorce proceedings. 10.1 No testimony was offered specifically on tax ramifications with respect to the distribution and division of the marital estate. 10.2 Although no specific testimony was offered on the expense of sale or transfer of assets, nevertheless, the Master does take judicial notice of the fact that with respect to the real estate, cost of sale would be approximately 8% of the sale price which would include realtor's commission and transfer tax. 11. Neither party is serving as the custodian of any dependent minor child. In seeking a 60% award of equitable distribution of marital property, wife argues that greater consideration should have been given to the difference between her -6- 01-5451 CIVIL TERM income and the income of husband and the value of their pensions, that she will not be receiving alimony, and that she has paid all of the expense since separation to repair and maintain the marital residence that she is being awarded. After a review of the Master's complete Section 3052(a) analysis with respect to the entirety of the marital estate, the circumstances of each spouse, and their standard of living, we are satisfied that a distribution of 55% to wife and 45% to husband promotes economic justice. For the foregoing reasons, the following economic order will be entered as recommended by the Master, but with $50,624.33 to be paid by wife to husband. a ECONOMIC ORDER AND NOW, this ~~ day of June, 2005, concurrent with the entry of a decree in divorce, the following economic order is entered: (1) John E. Goughenour is awarded the following marital property: 401 (k) plan Pension with High Mark Blue Shield (2) Bac T. Goughenour is awarded the following marital property: Marital residence at 6107 Hay Market Way, Mechanicsburg, Cumberland County Thrift savings plan FERS pension Citizens Mutual Fund Member's 1St checking account Member's 1St savings account (3) Wife shall be responsible for the following debt and shall indemnify husband and save him harmless for such debt: Personal service loan, Master Card No. 3231, Master Card No. 4946. -7- 01-5451 CIVIL TERM (4) Husband shall be responsible for the following debt and shall indemnify wife and save her harmless for such debt: Master Card No. 3238, Visa No. 4847, Sears. (5) John E. Goughenour is awarded $500 from Bac T. Goughenour on account of his attorney fees which shall be paid within 35 days of this date. (6) Husband shall transfer to wife within 60 days of this date, by special warranty deed, all his right, title, and interest to the real estate situate at 6107 Hay Market Way, Mechanicsburg, Cumberland County, Pennsylvania. (7) Wife shall pay husband $50,624.33 within 60 days of this date. (8) Husband and wife shall, within 60 days of this date, sign all titles and documents to transfer ownership of assets assigned to each of them. Otherwise, if no release of claims or transfers are required, each spouse shall become the sole and separate owner of all of the assets assigned. Neither spouse shall have any interest or claims in the pensions of the other spouse. (g) Each spouse shall transfer to the other all items of tangible personal property set forth in the exhibits requested by each to be delivered to them. All the remaining household tangible personal property currently in the possession of wife shall become her sole and separate property. The delivery and receipt of items of household tangible personal property shall not affect the required transfer of assets and payments as otherwise set forth in the timeframes established. -8- 01-5451 CIVIL TERM Marlin L. Markley, Esquire For John E. Goughenour Linda A. Clotfelter, Esquire For Bac T. Goughenour :sal -9- JOHN E. GOUGHENOUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. N0. Ol - 5451 CIVIL BAC T. GOUGHENOUR, Defendant IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on February 10, 2005, commencing at 9:00 a.m. APPEARANCES: Marlin L. Markley Attorney for Plaintiff P. Richard Wagner Attorney for Defendant C? ^' ~ ca SJ'1 -n ?p "~ : , '. T~ •7v , ~ u; .; - :~ {=`"- w _~ mac' ` ,-. _. ~ -; `~{.; y ~, f vt -G PROCEDURAL HISTORY A complaint in divorce was filed on September 18, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and a claim for equitable distribution. A counterclaim was subsequently filed on September 29, 2003, by the wife raising claims for alimony and counsel fees. The husband also raised a claim for counsel fees on June 28, 2004. With respect to grounds for divorce, the parties have signed and filed affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master was appointed on August 29, 2003, at which time the Master asked counsel to certify that discovery was complete. A directive for pretrial statements was issued on June 2, 2004, said statements being due June 28, 2004. A pre-hearing conference with counsel was held on July 30, 2004, followed by additional conferences which included the parties. None of the conferences resulted in resolution of any of the issues although the Master had requested that counsel prepare a stipulation regarding the real estate and the 401(1) and thrift savings plan. It was not until the hearing on February 10, 2005, that the parties were able to enter into an agreement as to values which involved cash accounts, the 401(1) and the thrift savings plan. However, at no time did the Master receive any formal stipulations from the parties regarding the identification and valuation of assets prior to the hearing. Following the Master's hearing, the Master allowed the record to remain open for counsel to present updated pension values. Counsel were also directed to prepare spreadsheets on the economic issues. By letter from the Master, February 18, 2005, the Master directed the spreadsheets to be completed and forwarded to the Master by February 28, 2005. In that correspondence, the Master also advised counsel that the transcript had been previously completed and was available. Counsel, however, took upon themselves the schedule of providing the spreadsheets, and by letter indicated that wife's spreadsheet and proposed fmding of facts would be submitted on or before March 19, 2005, and husband would have an additional ten (10) days from that date to submit his review of the assets and valuations. The Master finally received husband's spreadsheet on March 24, 2005. Having received the final submissions from counsel, the Master proceeded to prepare his report and recommendations. FINDINGS OF FACT The parties were married on August 23, 1980, and separated September 7, 2001, when husband left the marital residence. This is the first marriage for both parties. 2. The parties are the natural parents of two children, both of whom are emancipated. The daughter is a college graduate and lives and works in Manhattan, New York; the son lives with wife having previously attended college but did not obtain a degree. The record was not clear as to the current status of the son regarding employment and plans for his continuing education. 3. Husband is 46 years of age and resides at 4181 Elk Court, Apartment 101, Mechanicsburg, Cumberland County, Pennsylvania. 4. Husband has a Bachelor of Arts Degree from California State University of Pennsylvania in Administration and Management. He is employed as a manager at High Mark Blue Shield and his net monthly income is $5,042.00. Pursuant to a spousal support order, husband pays wife the sum of $543.00 per month. 6. Wife is 46 years of age and resides at 6107 Hay Market Way, Mechanicsburg, Cumberland County, Pennsylvania, where she resides in the marital residence which the parties purchased June 19, 1988. 7. Wife is a graduate of California State University of Pennsylvania with a >3achelors degree in Math and Computer Science. She is currently employed at the Naval Supply Facility in Mechanicsburg as a computer specialist. She has been employed with the United States Government for over 20 years and her net monthly income currently is $3,549.00. 8. Neither party has reported any health issues. 9. Husband is Caucasian of American descent; wife is of South Vietnamese descent. 10. The marital residence is free of any mortgage liens or other debt. The rental value for the home is $1,275.00 per month. Through Apri12005, wife will have resided in the home for a period of 43 months, since the date of separation when husband left. 11. Wife's expenditures during the course of her occupancy in the marital home since separation which are deductible from the rental value assessment are as follows: Real estate taxes $ 6,450.00 Insurance premiums 331.50 TOTAL $ 6,781.50 Wife claims that she is entitled to also deduct home improvements in the amount of $1,085.00. However, plumbing repairs and the replacement of the garage-door opener were essentially maintenance items, not home improvements. The appraisals of the parties would have taken into account a functioning plumbing system and an operable garage-door opener. 12. The marital estate consists of the following assets with each asset valued as follows: Marital residence at 6107 Hay Market Way Mechanicsburg, Cumberland County, Pennsylvania $196,350.00 Husband's pension with High Mark Blue Shield Wife's pension with FERS Husband's 401(k) plan Wife's thrift savings plan Citizens Mutual Fund Member's 15` checking account (the value of the account has been reduced by $2,900.00 paid around the time of separation on a personal savings loan, a marital debt) Member's 15` savings account TOTAL ~J 92,897.00 79,945.00 159,268.00 93,657.00 2,331.00 545.00 43.00 $625,036.00 13. With respect to household tangible personal property, husband has requested that the items set forth on his Exhibit No. 1 be returned to him; with respect to the balance of the household tangible personal property, husband has agreed that wife can retain all of the property currently in the marital home. Wife likewise asked for the return of some items from husband as set forth on her Exhibit No. 2. 14. The parties' marital debt consists of the following with the notation of which party is responsible for the debt noted: Personal Service Loan -Wife $ 6,897.84 MasterCard, No. 3231- Wife 1,861.59 MasterCard, No. 3238 -Husband 6,333.80 MasterCard, No. 4946 -Wife 5,990.73 Visa, No. 4847 -Husband 3,521.59 Sears -Husband 310.99 TOTAL $ 24,916.54 Total marital debt paid for and assumed by husband is $10,166.38. Total marital debt paid for and assumed by wife is $14,750.16. 4 15. Both parties have claimed counsel fees; wife's fees are in excess of $5,000.00, husband's fees aze in excess of $4,000.00. The cost for the pension valuations to Harry Leister was $1,050.00. Each party paid their own appraiser to have the real estate appraised. 16. No objection has been made by either party in these proceedings to the method and adequacy of service of any of the pleadings in the divorce action nor has either party or counsel objected to the jurisdiction of this Court to act in these proceedings. CONCLUSION OF LAW The grounds for divorce are irretrievable breakdown of the marriage. Both parties signed affidavits of consent and waivers of notice of intention to request entry of divorce decree which were filed with the Prothonotary on February 11, 2005. The affidavits and waivers were signed on February 10, 2005. The divorce, therefore, can be concluded under Section 3301(c) of the Domestic Relations Code. ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3502(a) OF THE DOMESTIC RELATIONS CODE The parties were married and living together in a marital relationship for approximately 21 years and have been separated for approximately 3 and '/z years. 2. Neither party was previously married. 3. Husband is 46 yeazs of age. He has a Bachelor of Arts degree from California State University of Pennsylvania in Administration and Management and is employed as a manager at High Mark Blue Shield where his net monthly income is $5,042.00. Husband has not raised any health issues. Husband receives company benefits with his employment. Wife is 46 years of age. She has a degree from California State University of Pennsylvania in Math and Computer Science. She works for the Naval Supply Facility in Mechanicsburg as a computer specialist where she has been employed for over 20 years. Her net monthly income is $3,549.00. Wife has not raised any health issues. Wife has a package of benefits including health care and retirement through her employment. 4. Neither party made any significant contribution to the other parry for education, training, or increased earning power. 5. Both parties have the opportunity to acquire assets in the future based on their earnings and contributions to pensions and savings plans. 6. The sources of income of both parties are related specifically to their employment as well as benefits which aze derived through that employment with the High Mark Blue Shield and the federal government. Both parties contributed to the acquisition of the marital estate and neither party can be charged with any dissipation of the marital estate 8. The value of property set apart to each parry will be what he or she receives in the distribution of the marital assets. 9. The standard of living of the parties established during the marriage was comfortable and middle class. 10. At the time of the distribution of assets, the economic circumstances of the parties are based on their respective earnings and benefits that they may receive from their present employment as well as the assets awarded in the divorce proceedings. 10.1 No testimony was offered specifically on tax ramifications with respect to the distribution and division of the marital estate. 10.2 Although no specific testimony was offered on the expense of sale or transfer of assets, nevertheless, the Master does take judicial notice of the fact that with respect to the real estate, cost of sale would be approximately 8% of the sale price which would include realtor's commission and transfer tax. 11. Neither party is serving as the custodian of any dependent minor child. EQUITABLE DISTRIBUTION Based on the facts found by the Master and the analysis of the factors under Section 3502(a) of the Domestic Relations Code, and a review of the spreadsheets prepared and filed by counsel, the Master believes that the distribution of the assets of the parties should be 45% to husband and 55% to wife. Husband, therefore, is entitled to receive $281,266.20 of the total marital estate; wife is entitled to receive $343,769.80 of the total marital estate. The martial assets assigned to husband with the values ascribed thereafter are as follows: Husband's 401(k) $ 159,268.00 Husband's pension with High Mark Blue Shield 92.897.00 TOTAL $ 252,165.00 The martial assets assigned to wife with the values ascribed thereafter are as follows: Marital residence at 6107 Hay Market Way, Mechanicsburg, Cumberland County, Pennsylvania Wife's thrift savings plan Wife's FERS pension Citizens Mutual Fund Member's ls~ checking account Member's ls` savings account TOTAL RENTAL VALUE CLAIM $ 196,350.00 93,657.00 79,945.00 2,331.00 545.00 43.00 $ 372,871.00 Wife's occupancy through Apri12005 of the marital residence since separation has been for 43 months. The monthly rental is $1,275.00 which, therefore, computes to a total rental value claim of $54,825.00. Wife's expenses for taxes and 7 insurance is $6,781.50. Husband is entitled to 50% of the rental value in the amount of $27,412.50 and wife is entitled to a credit for payment of one-half of the taxes and insurance in the amount of $3,390.75. Husband's net rental value claim is $24,021.75. MARITAL DEBT The total marital debt of the parties is $24,916.54. The debt assumed by husband is $10,166.38 and the debt assumed by wife is $14,750.16. Husband is responsible for 50% of the debt wife is paying and likewise wife is responsible for 50% of the debt husband is paying. The computation would show that there is a net credit to wife on account of payment of debt in the amount of $2,291.89. COMPUTATIONS Husband is entitled to $281,266.20 of the marital estate. The value of assets assigned to husband is $252,165.00. Husband's shortfall is $29,101.20. Wife is entitled to $343,769.80 of the marital estate. The value of assets assigned to wife is $372,871.00. Wife's excess is $29,101.20. Wife owes husband $24,021.75 for his net rental value claim. Wife's excess of assignment of the assets of the marital estate of $29,101.20 plus wife's obligation to husband for the net rental value claim of $24,021.75 equals $53,122.95. Wife is entitled to a net credit on account of the allocation of marital debt of $2,291.89. Therefore, wife owes husband the sum of $50,831.06. The Master notes that wife has made a claim for a portion of husband's last paycheck, a portion of which was earned during the marriage as well as for some small amounts in some accounts of around $50.00, and a claim that husband used $1,000.00 for counsel fees from the marital estate. Husband claims that he had to borrow $2,900.00 to cover checks written for payment of real estate taxes. Considering all of the claims relative to these issues, the Master has determined that he is not going to make any specific assessment against either of the parties on account of these alleged obligations and payments. It is likely that wife may have to borrow funds in order to pay husband the cash payment in order to accomplish the equitable distribution as recommended by the Master. The Master does not believe, however, that the debt which wife will have to incur will create any hardship on wife. Wife has the ability to make the small monthly payments on a 30-year mortgage based on a 6 %% interest rate which will not impact on her lifestyle (approximately $325.00 per month). Further, wife is apparently supporting the parties' son who is emancipated and can contribute to the household expenses. No testimony was offered on the son's current status as noted previously; however, if he is working, he should be making some small contribution to the wife for his residency in the home. Also, the Master notes that wife has increased substantially her contributions to her savings plan of over $600.00 per month. These contributions are voluntary and can be reduced by wife if she needs additional funds. RECOMMENDATIONS EQUITABLE DISTRIBUTION THE MARITAL ASSETS AND VALUES ASSIGNED TO HUSBAND Husband's 401(k) $ 159,268.00 Husband's pension with High Mark Blue Shield 92,897.00 TOTAL $ 252,165.00 THE MARITAL ASSETS AND VALUES ASSIGNED TO WIFE Marital residence at 6107 Hay Market Way, Mechanicsburg, Cumberland County, Pennsylvania $ 196,350.00 Wife's thrift savings plan 93,657.00 Wife's FERS pension 79,945.00 Citiaens Mutual Fund 2,331.00 Member's 15` checking account 545.00 Member's 15` savings account 43.00 TOTAL $ 372,871.00 Net credit to husband on account of rental value is $24,021.75. Net credit to wife on account of marital debt is $2,291.89. Wife shall pay to husband the sum of $50,831.06 within 60 days of a final order in these proceedings. 10 Husband shall transfer to wife within 60 days of a final order in these proceedings by special warranty deed all his right, title, and interest to the real estate situate at 6107 Hay Market Way, Mechanicsburg, Cumberland County, Pennsylvania. The parties will sign all titles and documents to transfer ownership of assets assigned to each of the parties as herein provided in the distribution of assets as set forth above so that all transfers are accomplished within 60 days of a final order in these proceedings. Otherwise, if no release of claims or transfers are required, each party shall become the sole and separate owner of all of the assets assigned to him or her in these proceedings. Neither party will have any interest or claims in the pension plans, 401(k) plan, or thrift savings plan of the other party. Each party will be responsible for the debt assigned to that party as set forth in the discussion above. With respect to the marital debt which is assumed by each of the parties, the parties will indemnify and save the other party harmless on account of any and all debt which has been assigned to each of the parties herein The parties will transfer to the other party all items of tangible personal property which are set forth in the exhibits of the parties and requested by each of the parties be delivered to either husband or wife as set forth on each parties' exhibit. All the remaining household tangible personal property currently in the possession of wife will become the sole and separate property of wife. The delivery and receipt of items of household tangible personal property shall not affect the required transfer of assets and payment as otherwise set forth herein in the time frame established. 11 ANALYSIS OF THE FACTORS AS SET FORTH IN SECTION 3701(b) OF THE DOMESTIC RELATIONS CODE When the factors of the Section 3502(a) analysis overlap with the factors of the Section 3701(b) analysis, the analysis under Section 3501(a) is incorporated herein. Additional factors to be considered in this Section 3701(b) analysis determining the nature, amount, duration, and manner of payment of alimony are as follows: 4. Neither party has indicated an expectation of receiving funds or assets from sources other than earnings. Neither party indicated any expectation of inheritance. 11. Neither party brought any property of a significant nature into the marriage. 12. No testimony was offered as to the contribution of either spouse as a homemaker. 13. The relative needs of the parties are met by their respective earnings. 14. No testimony was offered on the factor of marital misconduct. 15. The tax ramifications of alimony for federal tax purposes will be that alimony will be treated as income to wife and as a deduction for husband. 16. Wife is receiving substantial property as a result of the equitable distribution of the marital estate. She also continues to participate in a savings program and a pension program through her employment. 17. Wife is capable ofself-support through her employment. ALIMONY The Master does not believe that alimony is necessary for wife's continued maintenance and support. Considering that wife has received a disproportionate share of the marital estate as well as the fact that she earns in excess of $3,500.00 net per month, the Master finds that she is capable of supporting herself 12 through her employment. Further, as previously noted, even if wife has to incur a small monthly payment on account of financing the house in order to pay off husband's interest in the marital estate, nevertheless, she will have more than adequate resources to make those monthly payments. She voluntarily deducts over $600.00 per month from her income to put into her savings plan. The Master also notes that with respect to wife's alimony claim, she did not file an expense statement in these proceedings which were made part of the trial record. Consequently, the Master can only assume that wife has ordinary expenses for utilities, food, clothing and other necessities which can easily be met through her current income. No extraordinary expenses were testified to or documented on the record. In denying wife's alimony claim, the Master further has taken into consideration that wife has had more than 20 years in her current employment and that her employment situation is not tenuous or uncertain. Because of the security of wife's position, the Master does not believe that he is subjecting her to any risk in the future with regard to his denial of her claim for alimony. RECOMMENDATION ALIMONY Wife's claim for alimony is denied. COUNSEL FEES AND EXPENSES Both parties have claims against the other for counsel fees. 13 Husband and his counsel presented substantial testimony with regard to wife's conduct of this case, particularly with regard to discovery and her conduct during negotiations. In making the observations that follow, the Master is aware that wife was in a defensive position in the case and was within her rights to delay the action as long as she could to obtain the spousal support payments that husband was making to her. Nevertheless, wife was also obligated to pursue discovery matters in accordance with the rules of civil procedure and to respond to husband's offers of settlement and to make appropriate offers of settlement to husband. A few examples of wife's approach to the case illustrate her somewhat dilatory nature in moving the case even after the two years had expired. The husband had to get a court order for access to the marital residence for an appraisal. After going to the expense of filing the petition and getting the court order, then wife allowed access to the property. Wife also had an appraisal done of the property by a certified appraiser but did not share the results of that appraisal with husband or his attorney insisting that her attorney use a market analysis as her evidence of value. Not until wife was pressed did she finally produce her appraisal at a conference with counsel and the parties. Wife's appraisal had been completed a considerable time before the conference when the appraisal was finally revealed. The final appraisals were only $700.00 apart and during the hearing wife refused to even compromise the appraised values by splitting the difference which amounted to $350.00. The Master noted his annoyance on the record with the way wife handled the appraisal issue with regard to her failure to produce her appraisal and characterized her conduct as an attempt to deceive the Court and to avoid producing required evidence as part of a discovery procedure. 14 With respect to wife's conduct regarding negotiations, she offered no proposals for settlement and did not even respond to husband's latest proposal in January 2005 after all the valuations and appraisals had been completed. She would only agree to talk about settlement if husband agreed to accept only a rocking chair from the household personality. It was obvious to the Master that wife had little interest in trying to resolve the case, and although she was not bound to settle the case, nevertheless, she was bound to be forthcoming with regard to providing information in her control and to produce access to the assets for valuation and to cooperate generally with discovery matters. Also, she is required by the rule of civil procedure, 1920.33(b) to set forth a proposal for settlement. It is implied from that requirement that she respond to offers of settlement and enter into reasonable negotiations. As previously noted, however, she is under no requirement to settle the issues. Therefore, based on the Master's review of wife's lack of participation in this case which made husband's efforts for resolution more difficult, the Master feels that an award in favor of husband for a portion of his fees is warranted. 15 D 0 RECONIlVIENDATION COUNSEL FEES AND COSTS Wife shall pay to husband the sum of $500.00 on account of his counsel fees. Said payment shall be made within ten days of a final order in these proceedings. Wife's claim for counsel fees is denied. With respect to the cost of the pension valuations in the amount of $1,050.00, the cost of those valuations shall be divided equally between the parties. Each party will receive credit for what he or she has paid to Harry Leister and any difference shall be assessed against the party who has not paid his or her 50% share. Respectfully submitted, ~~~~~~ E. Robert Elicker, II Divorce Master 16 JOHN E. GOUGHENOUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA N0. O1 - 5451 CIVIL BAC T. GOUGHENOUR, . Defendant IN DIVORCE NOTICE OF FILING MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record a&d report, and if approved, shall enter a final decree in ~~ n v+ ~ the parties. •._. s-^ ~': ~~_~ ~ oR' In accordance with P. R.C.P. 1920.55 within ten~(~,0)~ay~ (~~~ , ~': 1..~: S ~.'i after the mailing of this notice and report exceptions=may `'{7 ~; i, filed to the report by any party. If no exceptions are ~ile~ tJ~ within the ten (10) day period, the Court shall receive the accordance with the recommendations contained in the report. Date: 4/13/04 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) -s JOHN E. GOUGHENOUR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. NO. 01-5451 CIVIL 19 BAC T. GOUGHENOUR _ - --, IN DIVORCE Defendant STATUS SHEET DATE: /~1 ~} ACT'I,,V/ITIES/:~~, `°'";i ~! ~'' '`~:'~,t^~ti~~ t1„~ ~ v~'~tC vl~ty I ° ~'7J ,a I~+~' ~ ~ ~ ~' ~ R ; y"f' . / ` ` "~' r~~ ~ v -Z/~ ~ ~ d ~ ;~e,,~,~; f5 ~"~c,Rj - r°be-9~k'i.f1rC~'yF, r~~'s~r.' ~~° Y ~ ~ ~.~ ~; ~. ~~ F~ ~-~-. 1? n^.G-/~c~..+~c.~~e -ems.-~'r.E.~s.~1 r JOHN E. GOUGHENOUR, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. O1 - 5451 CIVIL BAC T. GOUGHENOUR, Defendant IN DIVORCE TO: Marlin L. Markley P. Richard Wagner Attorney for Plaintiff Attorney for Defendant DATE: Thursday, September 18, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~sd~ ~.~d ~` ~3~3P I~~I.Sy ~3a3~` ~ X333. S6 ~{"~~~~ S9go .73 _~ ~sL ~ 897- ~~ ~~~~f7!`~ 3~"3~.~3 sz~-s , 3 i ~ - 9 9 ~s~7.ao _ ~~s -~~ ~ ~~ 3 ~ . ~o 16.6{ ~ 3 5a l , ~~ __-----. ~~ ~~~~ s~~ ~~ __ _. x~ '~b ~~~ 1 Sao ~ ~ ~ , a~so a~A~ '. r~ o~~~~~~ .. a.~ ~u'r ... it.: __,.:a.::`-.,, .: ... .. __ ,is1A~, ., b.~.i &+r ~+,~~.~,.s e ..,..33. a.w,r:.>v.u~ u, u.i ward ww'd'M. ,.„~~s~~:uas. ~~3~ I~~l. ~~ 3 ~ 3 b' ~ 333, ~o '~ yy~ sy 90, 73 s ~ `,~ 77 ~, ~~ ~~y~i 3sa~. sy~ S ~.S 3 l o. 9 1 _-=~_ I~~ ~ '-/Z~~~o ~.~ ~~ ~; 2" ~~~OS With regazd to the personal property Mr. Goughenour would like to retrieve the following: Three piece picture in family room Cloth wreath made by his mother Video tapes (Slapshot & Prefontaine) Health meter scale Electric poupuri warmer Bible Birth certificate Lazge glass vase in dining room hutch Small four piece Asian picture Ten speed bike Wooden cubicle picture frame shower radio Remaining clothes, coats and jackets Title to the accord Most of these items aze not marital property. Mrs. Goughenour would be able to keep the remaining items. . This proposal seems to be in accord with the discussions that we had with Mr. Ellicker. If this proposal is unacceptable to your client, let me know what you would be willing to stipulate to for the hearing. Your immediate attention to this matter is appreciated. P.S. Let me know if Mr: L,eister's bill for $600.00 is the total for us to split (thus my client would owe $300.00) or is it my clients half. MLM/ Enclosures Cc: John Goughenour Very truly yours, .d~x$1.@F~$~3f4 Li~L4s~tR rysa £ a..~...w ~.,<v.. . PLAINTIFFS EXHIBIT U- Sept 30, 2004 Dear John, You could have the following items: Cloth wreath Video Tapes (Slapshot & Prefontaine) Ten speed bike Health meter scale Electric poupuri warmer Shower radio Remaining clothes??, coats and jackets Licorice's dog house Birth certificate Car title for Honda I don't have the bible. Don't know where you had it. You already gave me the large glass vase in dining room. Don't know where the picture frame is. I would like the following items from you: Yellow Vietnamese T-shirt you said you gave me Severa18X10 pictures and small pictures you took from the photo album. I'll make copies for you. Small 4-piece Vietnamese picture that could be placed on table Panasonic phone Sailing ship clock Bonsai picture 1 box of Cross pens Donna Summers CD Let me know about this. Sincerely, a e~4a~~~ ~. _._- r ~ ~, JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without nofice. 2. 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. 3. 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. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: -2 - (0_01 Signature: ~' "" / - M~ Bac T. Goughenour E^,? _. 1-` '..LAS, ) 'I."Y -- J~ t ') ! r .. ~'..) i_: ~ (, _ Lf t w• . J . __t_ :J ii": iL zr~ 4 '~ c~.d C.7 ,_ ,~~I~t..~ax:m. y~saw d v;-a'.~Nce~xs:~,xmauuaia F~ ~ns~a :~ e: !/~ ~~~ JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 18, 2001. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: ~' `~"/ p~ OS Signature: / " Bac T. Goughenour ne a , ~, 5r ,Fig _ ~-~ ~ - _ .. _ `a,ikS~#'ai~Y~dtMLlf'.eaafw2 .. 4 ~r.._ r 3..xJ ~F. . x..r,.rn.c.i.ga~g. EI t_' ^+J T9;t~_ e.~o h'i ~~ ` ~ ~7 :r ~ ~~ i't.'r. l .. -b '% t" t -i s'_:7 ` _i-r ,: _- try ~ ::^j '~`' [9: . :ii ~ fi~ G~ JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 18, 2001. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: -"/o-ds` Signature• ~ ~ -~-~~n°`-V ohn o ghenour ~~mba, ..~ya~ ,_. _ -~_ _ bGla. .t .-~ _ ~~b~a ; aara~rx d.4e.mu~eaaw--~.~:m:.'"=w $A2w` i - ~P e:C: .. F R' ~1- "y' - ~' _ .,-+~ ~ . _ .~.. ._I ° ~ ~ _ ~n~ ua..! ~ ~ ~-'; ~ .. ` j ~~ JOHN E. GOUGHENOUR, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil BACT.GOUGHENOUR Defendant CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. 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. 3. 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. 4. I verify that the statements made in this affidavit are tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: ~ j6'o~ Signature• ~~ ~-'~--~ John ou enour .rx.~~~ {Il:~sl_s .. ~: ,..:. ., : :.:.: -. ~, _,. .:. .-.,..:... r~fiM4N.eYm~Se s..av . ,,~a:. .:Nk :ra[a .~~~-awaprwd .. '" 8G~181i!FdWYS+~rwvi wi::u8~m; ~. ~~ ~i a~ r~ I ~~. -~ ri _r ~:5a.r.i t.7C~ h~ ~ ~": l!- f ; en rya i ~=y '_I ~~~ 7 L'/f ~/ JOHN B. MANCKE P. RICHARD WAGNER EDWARD F SPREHA, JR. LAW OFFICES MANCKE, WAGNER &SPREHA 2233 NORTH FRONT BTREET HARRISBURG. PA 19110 March 9, 2003 E. Robert Flicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Dear Mr. Flicker; PHONE (71A 2347051 FAX (77T 2347080 This will confirm my telephone conversation of March 8, 2005, wherein I indicated that the transcript was received this date in the Goughenour matter. I have discussed with Marlin Markley the following schedule, if acceptable to the Master. Wife's proposed Findings of Fact will be submitted within ten days of this date, and ten days from the date of the submission of Wife, Husband would submit his. Your attention is appreciated Wagner PRW/dks Marlin Markley, Esq. LAW OFFICES JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA, JR. MANCKE, WAGNER &SPREHA 2233 NORTH FRONT STREET HARRISBURG, PA 17110 PHONE 1717) 2347051 FAX fl17)23470B0 March 16, 2005 E. Robert Flicker, Esquire 9 North Hanover Street Carlisle, PA 1'7013 Re: Goughenour Dear Mr. Flicker: Enclosed herein please find a flow chart as requested together with Findings of Fact to support the chart. I have also enclosed Harry Leister's appraisal. Your attention is appreciated. Wagner PRWldks Enclosures cc: Marlin Markley> Esq. (w/encl.) .. s Conrad Siegel A C T U A R I E S The Employee Benefits Company Conmo M. Siegel, F.S.A. Harry M. Leisteq Jc, F.SA. Clytle E. Gingrich, F.S.A. Earl L Mummert, M.AAA. Robert J. Dolan, A.SA. Davitl F. Sliding, A.S.A Robert J. Mrazik, F.SA Davitl H. Killick, F.SA Jeffrey S. Myers, F.S.0. Thomas L Zimmerman, F.S.A Glenn A. Haler, F.S.A. Kevin A. Erb, F.SA. Frank S. Rhotles, F.S.A., A.C.AS. HollyA Ross, F.S.A. Janet M. Leymeister, CEBS , Mark A. Bonsall, F.S.A. John W. Jefrey, F,SA. Denise M. Polin, F.S.A. Thomas W. Reese, A.S.A Jonathan D. Cramer, A.SA. John D. Vargo, F.S.A. Robed M. Glus, A.S.A. Bruce A Senft, CEBB December 20, 2004 P. Richard Wagner, Esq. Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Re: Goughenour v. Goughenour Dear Mr. Wagner: JOHN E. GOUGHENOUR Phone (T17} 652-5633 Fax (717) 540.9106 www.conratls ie gel.com ~~~ You provided me with the following information concerning John E. Goughenour: 1. Date of birth =May 10, 1958. 2. Dade marrieii -August 23,.1980. 3. Date hired -October 14, 1985. 4. Date separated -September 7, 2001. 5. Accrued monthly pension as of September 7, 2001, under the Highmark Retirement Plan - $1,214.34. Currently, John E. Goughenour is 46 years of age (age nearest birthday). The Highmark Retirement Plan is a defined benefit pension plan. The figure that is marital property for divorce purposes is the present value of the pension earned during the marriage. As previously indicated, Mr. Goughenour had accrued a monthly pension of $1,214.34 as of September 7, 2001, the date of separation. Since the date of marriage preceded the date of hire, this entire benefit was earned during the marriage. Normal retirement under the Highmark Retirement Plan is age 65. However, an . employee with at least 20 years of service may retire on unreduced benefits as early as age 62. Pursuant to our telephone conversation, I made calculations for retirement at age 62. 501 Carporafe Circle • P.G. Box 5900 • Harrisburg, PA 17110-0900 _~ Conrad Siegel A C T U A R I E S P. Richard Wagner, Esq. December 20, 2004 Page 2 The present value of a monthly pension of $1,214.34 for a male now age 46 with_ such benefit to start at age 62 amounts to $92,897. BAC T. GOUGIiENOUR You provided me with the following information concerning Bac T. Goughenour: 1. Date of birth -June 19, 1958. 2. Date married -August 23, 1980. 3. Date hired -September 26, 1984. 4. Date separated -September 7, 2001. 5. Accrued monthly pension as of September 7, 2001, under the Federal Employees' Retirement System - $707:71 to start at age 62. Currently, Bac T. Goughenour is 47 years of age (age nearest birthday). The Federal Employees' Retirement System is a defined benefit pension plan. The figure that is marital property for divorce purposes is the present value of the pension earned during the marriage. As previously indicated, Bac T. Goughenour had accrued a monthly pension of $707.71 as of September 7, 2001. Since the date of marriage preceded the date df hire, this entire benefit was earned during the marriage. The present value of a monthly pension of $707.71 for a female now age 47 with such benefit to start at age 62 amounts to $79,945. ~~**~ The Federal Employees' Retirement System pension is indexed. Each year the benefit increases in accordance with the Consumer Price Index. The present value calculations with respect to the Federal Employees' Retirement System are based upon the assumption that the Consumer Price Index would increase at the rate of 2% per year. The Consumer Price Index has increased on the average at the rate of 4.85% per year over the last 30 years, 3.12% per year over the last 20 years and 2.45% per year over the last 10 years. The present value calculations have been made based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is 3.8% per ... ^~ Conrad Siegel A C T U A R I E S P. Richard Wagner, Esq. December 20, 2004 Page 3 year for 20 years followed by 5.0% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table for males with this table rated six years for females. . In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations are appropriate for the purpose of determining the present values. With best regards, Yours sincerely, ~~~ H M. Leister, Jr., F.S.A. Con ting Actuary hIML:kad r , JOHN B. MANCKE p. RICHARD WAGNER EDWARD F SPREHA. JR. LPW OFFICES MANCKE, WAGNER &SPREHA 2239 NORTH FRONT STREET HARRISBURG, PA 17110 April 1, 2oa5 ant Via Fax E. Robert Elick~, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Goughenour Dear Mr. Elielcer: PHONE OiT 234'1051 FAX 017) 2347080 In reviewing the Findings of Fact and flow sheet, it became apparent that I inadverteady omitted from the flow chart paragraph 23 of my Findings of Fact as it relates to the personal service loan. Secondly, the chart failed to note the debt of 3238 in the amount of $6,333.80. Finally, my client has indicated that the $331.50 house insurance on pages ZI and Z2 of the transcript d;d not appear on the chart, nor was there a notation that she has requested 60°/a of the assets as contained on page 37: I regret any inconvenience and appreciate your attention to this matter. P. I~ieifard Wagner PRW/dks ea: Marlin Markley, Esq. OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter February 18, 2005 West Shore 697-0371 Ext. 6535 Marlin L. Markley P. Richard Wagner Attorney at Law Attorney at Law LAW OFFICES OF PATRICK F. LAUER, JR. MANCKE, WAGNER & SPREHA 2108 Market Street, Aztec Building 2233 North Front Street Camp Hill, PA 17011 Harrisburg, PA 17110 RE: John E. Goughenour vs. Bac T. Goughenour No. Ol - 5451 Civil In Divorce Dear Mr. Markley and Mr. Wagner: Mr. Wagner's office called and advised that counsel have determined that they do not need to do an updated valuation for the pensions of each of the parties. Therefore, we apparently are going to use the numbers arrived at by Mr. Leister on his initial valuation. Consequently, it seems that we should now be able to move this matter forward expeditiously. I have requested that counsel prepare various spreadsheets which would provide me an analysis of the assets, debt and credits. I am directing each counsel to provide those spreadsheets to me on or before February 28, 2005. The transcript has been completed and is available for counsel if they wish to purchase a copy from the court reporter. Very truly yours, E. Robert Elicker, II Divorce Master .[ N H a N o0 N N 00 N N 0p N N 00 N ~ ~O O O O~ O 00 M O O Vii O~ 01 ^ 7 7 00 01 ~ V1 M M V ri rl y •+ rte. ~ ~ A/ F~1 y h-i M M V~ t? U U v N ~N1 Y N ~ lV m M ~~ Y W R1 ~~.! p' ~ U ~ ^ ^ .~ V .~ 1f ~ t ^ L H 7 ~ N ~ N ~ 7 N V1 ~ N ~ ~ iiidddx ~ eeedddx - ^ ~ 'J ~ N ~ . i ~ N ~ N ~ N ~ O O O O O 0o O O h O O .. O O M O d' M O O l~ O O h y O O C O O vi O O ~/i O O (V O O O O O vi O O G l~ h ~ O O l0 ~O N Oi v1 ~ M M M N 7 ~D M M O~ o0 N 7 O~ O~ ~ !•i~.l 3 Vt e} b o0 N 0o O m l~ O O N O N N N ~ ~ ~ ~ ~ T ~ U9 1~ i d y ~'. '~' ..~ U ~, .a ~ 0 V n ~ ~' '~ °'° N O ~ N X o ~N. +~ ~ b y v O 7 h q d ~ 'b^ 7 w Ul ^. W V :. VI ~ M N C ~ ~ p x x w 4 ~ O ~ ~ 0. V~ ~ ?. N O v Q ,sd .~ Y+4 V m Vl ~ ~ ~ ~ ~ ~O ~~' P4 w .. a+ Q w JG y '~ W ~ ~ FJ TJ A TS p N ~bA "~j ~ U .. r ~ x 3 ~ ~' ~' x 3 H H ¢ x x x m w H ~i f`t~'r n j~~ Assets Item Vslne Transrrin4 Marital Residence 196,700.00 R.4 Husband's401K 159,268.00 R.24 Wife's Current Thrift Savin s 93,657.00 R.24 Husband's Pension 92,897.00 Harry Leister Wife's Pension 79,945.00 Harry Leister Citizen's Mutual Fund 2,331.00 R.4 Members 1stSavin s 43.00 R.13 Members 1stCheckin 3,445.00 R.4 Total 828,288.00 Debts Item Amount Transcript P9id Rv Mastercard No. 3238 6,333.80 (R.29 Husband Visa No. 4847 3,538.23 R.29) Husband Sears 310.99 R.29 Husband Mastercard No. 4946 5,990.73 R.29) Wife Mastercard No. 3231 1,861.59 (R.28 Wife Total 78,035.34 Other Claims by Wife Item Amount Transcript Taxes of Home' 6,450.00 R.6 A raisal of Home 285.00 R.21 Home Im rovements2 1,085.00 R.22 Husband's Pa checks 1,732.00 R.31 Husband's Pa meet to Attorne 1,000.00 R.32 Savin s Account .25.00 R.32 Excess Withdrawals 2,200.00 R.32 A raisal of Pensions4 1,050.00 R.35 Total 12,777.00 Other Claims by Husband item Amount Transcript Rental Value of Marital Residence 23,550.00 (R.6) As of March 7, 2005 (42 months at 1,275.00 er month A raisal of Home and Rental Value 350.00 (R.72,73) Attorne Feess 165.00 Total 24,085.00 ~~1~r~~/(./ Deducted from husband's rental value claim. z Wife is claiming these repairs as improvements. Based on the testimony contained in (R.39,40) husband believes these aze actually repairs. ' Wife's claim for husband's paycheck is offset by husband's claim for $1000.00 that he provided wife to cover any outstanding checks (R.76) ° This represents the total fee charged by Harry Leister of which wife has paid $450.00 therefore husband would be responsible for $525.00 of the remaining balance to Mr. Leister and wife would be responsible for $75.00 of the remaining balance. (R.35) 5 Monthly rental value of $1,275.00 multiplied by 42 months (9/7/2001 through 2/7/2005) equals $53,550.00 minus $6,450.00 (wife paid taxes for 2002, 2003, and 2004) equals $47,100.00 divided by 2 equals $23,550.00. (R.6) e These are fees associated with husband's filing of a petition with the court for allowance of entry upon marrital property for a physical inspection and appraisal. This was required as a result of wife's unwillingness to allow an appraisal to be done. (R.70,71) It should also be noted that during the course of this litigation wife deceived the court and opposing counsel when she had information that she did not present and was withholding information that was relevant to the valuation of the marital residence. (R.56) 628,286.00 Total Assets -18,035.34 Total Debts 610,250.66 divided by 2 Equal Share of Marital Estate To Parties 305,125.33 Husband's Share of the Estate -159,268 401K in Husband's Possession -92,897 Pension in Husband's Possession 52,960.33 23,550.00 Husband's Rental Value Claim 165.00 Attorney Fees 76,675.33 -525.00 What Husband Owes to Wife for Pension Appraisals 76,150.33 $76, 150.33 is the total amount that wife owes to husband. JOHN E. GOUGHENOUR, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW NO.OI-5451 CIVIL BAC T. GOUGHENOUR, Defendant : IN DIVORCE FINDINGS OF FACT aDN BEHALF OF WIFE I. Proposed Findings of Fact Husband's net monthly income is $5,041.81. (R.4) 2. Wife's monthly net income is $3,483.76. (R.4) The marital residence has an appraised value on behalf of wife, dated October 20, 2004 of $196,000. (R.4) (Husband's appraisal of May 19, 2004 was $196,700). (R.4) 4. Husband's 401k as of the date of hearing according to the wife's calculations is $159,268. (Husband's calculation was $126,748). (R.4) The value of wife's thrift savings plan as of the date of separation is $82,655.00. (R.4) 6. The Citizen's Mutual Fund is $2,331.00. (R.4) 7. The Member's First Checking Account as of the date of separation was $3,445.00. (R.4) 8. The value of the Member's First Savings Account as of September 1, 2004 was $4,043.00 (R.5) (However, $4,000 of that was a deposit from son's account. See record pages 5-8 and 25-26) 9. Husband suggests a rental value of the marital home where wife lived was $1,275.00 per month; wife paid $6,450.00 in taxes as a credit therefore the rental value of claim is $45,825.00 which if divided in half renders a claim by husband of $22,912.50. (R.6) 10. Wife was born June 19, 1958 in South Vietnam, having received her education from the California State University of Pennsylvania with a degree in Computer Science graduating in 1980. (R.16) 11. Wife is employed at the Navy Depot in Mechanicsburg as a computer specialist where she has worked for 20 years. (R.16,17) 12. Husband and wife have two children ages 24 and 23. (R.17) 13. The parties were married August 23, 1980 in Washington, Pennsylvania; this is the first marriage for both parties. (R.17) 14. The parties separated September 7, 2001. (R.18) The husband leaning as the result of hauing an affair. (R.18) 15. The parties' daughter graduated from college in December, 2002, the parties' son still resides at home. (R.19) 16. Up until December, 2002 the parties' daughter, although in college, would come to the marital home for holidays and breaks from school. (R.20) 17. Wife paid for an appraisal of the marital home spending $285.00. (R.21) 18. Wife describes her health as good, not under the care of any doctor for any specific reason. (R.21) 19. The parties split the cost of the house insurance until the last years payment of $331.50. (R.21,22) 20. Wife claims improvements to the marital home since the husband left at 21. Wife believes that the value of husband's 401k is $159,268.00 by taking the current value from the document presented at the time of the Master's Hearing and subtracting from that current value the contributions made by the employee and employer. (R.24) 22. In determining the current value of her thrift savings plan, wife determined that to be $93,657.00 utilizing the same process that she used to determine husband's 401k value; that is she took the current value and subtracted the contributions and applied a 3% rate. (R.24,25) 23. The Member's First Account No. 46323, which had a balance of $3,363.40, wife withdrew $2,900.00 to pay a personal service loan which reduced the personal service loan from $9,777.60 to $6,897.00. (R.27-28) 24. In addition, the parties had othe follows: a. Master Card No. 3231 - b. VisaNo.3238 - c. Master Acct. No. 4946 - d. Visa No. 4847 - e. Sears - r marital debts that were paid by wife as $1,861.59 $6,333.80 (paid for by husband) $5,990.73 $3,538.23 $310.99 (R. 28, 29) 25. Wife has paid $24,916.54 in joint debts. (R.30) 26. Wife suggests that if we take the total amount of debts that she paid, subtract the total amount of debts the husband paid, and then subtract the difference, wife would be entitled to $2,503.00 to equalize the repayment of the indebtedness. (R.30) 27. Wife is claiming that husband's paycheck which was deposited at or about the time of separation of $1,731.65 should be considered a marital asset. (R.31, 32) 28. Wife is also asking that the $1,000 paid by husband before separation to his attorney be a marital asset. (R.32) 29. Wife is claiming that the security deposit husband paid and the rent advance was from an account before separation so that money should be marital. (R.32) 30. Wife is also claiming $25.00 in a Savings Account No. 208798 and $25.00 in Account 113484. Wife suggests that husband withdrew $200.00 each month beyond his usual withdrawal for personal reasons that she is asking for reimbursement from November 2000 to September 2001 or 11 months at $200.00 or $2,200.00. 31. Harry Leister charged a total of $1,050.00 for the actuarial services, of which wife paid $450.00, the total bill was to be divided, therefore wife would owe $75.00 and husband would owe $525.00 to Harry Leister. (R.35,36) 32. Defendant's Exhibit # 2 contains a list dated the 30`h of September of the items that wife is going to return to husband, and the items that wife wants as contained in the bottom of that list. (R.36) 33. Wife is requesting alimony on the basis that it will be necessary for her to borrow money to pay husband his share of the marital home. (R.37) 34. The reasonable rental value calculation was based upon a request by the husband, and the woman who made the evaluation never went to the property, nor did she see the condition of the property. (R.84) 35. Pension evaluations were not completed until December 20, 2004 at the request of counsel for wife based upon a series of letters from August 2 through August 9 where wife's counsel asked for information from wife's employer. (R.87,88) 36. Husband made. no such request to secure information for purposes of pension appraisals. (R. 87,88) submitted: ,L' .Basl~rd'QVagner, Esquire ID #23103 2233 North Front Street Harrisburg, PA 17110 (717)234-7051 GOUGHENOUR NOTES 1. The parties were married on August 23, 1980 and separated September 7, 2001, when husband left the marital residence. They are the natural parent of two children, Bethany and John. Both children are emancipated. Bethany is a college graduate and lives and works in Manhattan, New York. John lives with the wife although his status with regard to education and employment was not developed on the record. 2. Wife is a graduate of California State University of Pennsylvania, with a degree in Math and Computer Science. She currently works for the Naval Supply Facility in Mechanicsburg as a computer specialist where she has been employed for over 20 years. She has not had any previous employment. Her net monthly income is $3,549.00. 3. Wife is 46 years of age and did not raise any health issues. 4. Wife lives in the marital residence at 6107 Hay Market Way, Mechanicsburg, Cumberland County, Pennsylvania, which the parties purchased on June 19, 1988. 5. Wife is of a South Vietnamese decent; husband is Caucasian of American decent. 6. Husband resides at 4181 Elk Court, Apartment 101, Mechanicsburg, Cumberland County, Pennsylvania. Husband is 46 years of age and resides and has a Bachelor of Arts degree from California State University of Pennsylvania in Administration and Management. Husband is employed as a manager at High Mark Blue Shield. His net monthly income is $5,042.00. Pursuant to a spousal support husband pays wife $543.00 per month. 9. Husband has not raised any health issues. 10. The home where wife is living is free of any mortgage liens or other debt and the rental value for the home monthly is $1,275.00. Wife has resided in the home for a period of 41 months since the date of separation when husband left. 11. Wife's expenditures during the course of her occupancy in the marital home since separation which are deductible from the rental value assessment are as follows: Real estate taxes $ 6,450.00 Insurance premium 331.50 Home Improvements ? 12. The marital estate consist of the following assets: Marital residence at 6107 Hay Market Way, Mechanicsburg, Cumberland. County, Pennsylvania Husband's pension with High Mark Blue Shield Wife's pension with FERS Husband's 401(k) plan through his employment Wife's thrift savings plan through her employment Citizen's Mutual Fund Member's 15` checking account Member's ls` savings account TOTAL $ 196,350.00 159,258.00 93,657.00 2,331.00 545.00 43.64 13. The parties provided lists of household tangible personal property which items they have asked be distributed. Husband indicated generally that wife can retain all of the household tangible personal property currently in the marital home. 14. The parties' marital debt consist of the following: Personal service loan (paid by wife ?) Visa credit card (paid by wife) Visa credit card (paid by husband) MasterCard credit card (paid by wife) Visa credit card (paid by husband) Sears Card (paid by husband) TOTAL MARITAL DEBT $ 6,897.84 1,861.59 6,333.80 5,890.73 3,521.59 310.99 15. Both parties have claimed counsel fees; wife's fees are in excess of $5,000.00; husband's fees are in excess of $4,000.00. 16. The total cost for the pension valuations is $ NOTES OF MASTER RELATING TO MASTER'S IMPRESSIONS ON CERTAIN ISSUES Wife did not file an expense statement with respect to her alimony claim and looking at the fact that she has a home free and clear and an income at a substantial monthly income and taking into account ordinary expenses for utilities, food, clothing, and other necessities, the Master is convinced that wife has more than sufficient income to meet her needs and to even incur additional debt if necessary to pay husband his entitlement to what he is owed with respect to equitable distribution, taking into account the rental value claim. The Master does not that both parties have incurred credit card debt which needs to be addressed but both parties stand on an equal basis essentially with that matter with respect to the credit which wife has been given toward her small disproportional share of the assumption of the marital debt. Another matter of interest to the Master has been that wife has been making substantial monthly contributions to her thrift savings plan, which are in excess of $600.00 per month. These contributions are voluntary. Husband is going to assess wife a small charge for attorney fees. Although the Master is aware that in a defensive action wife followed the often course of simply trying to delay the case for at least two years, nevertheless, discovery for husband was somewhat strained. A few example of wife's approach to the case illustrate her somewhat dilatory nature in moving the case forward even after the two years had expired. The husband had to get a Court order for access to the marital residence for an appraisal (drafted one but wife then allowed access - in the transcript). Wife had an appraisal of her own accomplished by a certified appraiser but did not share the results of that appraisal with husband or his attorney, wanting her attorney to accept a market analysis as her evidence of value. Not until pressed did she finally produce her appraisal which was accomplished much before the conference where the appraisal issue arose. During the course of the hearing wife refused to even compromise on the appraisal values by splitting the difference which amounted to $350.00. The Master was further annoyed by wife's handling of the appraisal issue with regard to the failure to produce her appraisal as an attempt to deceive the Court and to avoid producing required evidence as part of a discovery procedure. Wife offered no proposals for settlement and did not even respond to husband's latest proposal on January 2005, after all the valuations and appraisals had been completed. It was obvious to the Master that wife had little interest in trying to resolve the case and although she was not necessarily bound to settle the case, nevertheless, she was bound to cooperate with regard to providing information and producing access to the assets for valuation and to certainly cooperate with discovery matters. The Master will divide the cost of the pension valuations in the amount of and assess wife the sum of $500.00 to pay on account of husband's attorney fees. Wife's claim for attorney fees is denied. On the alimony issue, the Master is not going to award wife any alimony. Will almost likely consider a 55/45 distribution of the marital estate with the 50% split on credit with regard to the rental value and debt. JOHN E. GOUGHENOUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. N0. O1 - 5451 CIVIL BAC T. GOUGHENOUR, Defendant IN DIVORCE TRANSCRIPT OF PROCEEDINGS Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on February 10, 2005, commencing at 9:00 a.m. APPEARANCES: Marlin L. Markley Attorney for Plaintiff P. Richard Wagner Attorney for Defendant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INDEX TO WITNESSES FOR THE PLAINTIFF John E. Goughenour Marlin L. Markley By Mr. Wagner FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS 60 82 92 -- EXAMINATION 95 104 John Christopher Goughenour 6 10 -- 13 Bac T. Goughenour 15 38,57 -- -- INDEX TO EXHIBITS FOR THE PLAINTIFF MARKED ADMITTED Ex. No. 1 - List of property 77 FOR THE DEFENDANT Ex. No. 1 - List of debt 30 Ex. No. 2 - List of property 36 1 THE MASTER: Today is Thursday, February 10, 2 2005. This is the date set for a hearing in the 3 above-captioned divorce proceedings. Present in the hearing 4 room are the Plaintiff, John E. Goughenour, and his attorney 5 Marlin L. Markley, and present also is the Defendant, Bac T. 6 Goughenour, and her attorney P. Richard Wagner. 7 This action was commenced by the filing of a 8 complaint in divorce on September 18, 2001, raising grounds 9 for divorce of irretrievable breakdown of the marriage and 10 the economic claim of equitable distribution. With respect 11 to the grounds for divorce, counsel have provided the Master 12 today with affidavits of consent and waivers of notice of 13 intention to request entry of divorce decree signed and 14 dated by both parties. The affidavits and waivers will be 15 filed by the Master's office with the Prothonotary. On 16 September 29, 2003, the Defendant filed a counterclaim for 17 alimony and counsel fees. On June 28, 2004, the Plaintiff 18 filed a claim for counsel fees against the Defendant. 19 The parties were married on August 23, 1980, 20 and separated September 7, 2001. 21 Following discussion with counsel we can 22 enter the following stipulations: 23 Counsel have provided the Master with the 24 basis of a calculation done by the support office with 25 respect to the parties' incomes. Counsel have agreed to use 3 I 1 the support office calculation of each of the party's income 2 as follows: 3 Husband's net monthly income is set at 4 $4,841.85; wife's net monthly income is set at $3,483.76. 5 With respect to husband's income he receives approximately 6 $6,000.00 per year gross on bonuses. Taking a 40o deduction 7 from the $6,000.00 for taxes and other withholding the net 8 is $2,400.00 per year or $200.00 per month. Therefore, with 9 the bonuses, husband's net monthly income is $5,041.81. 10 The marital residence has been appraised and 11 husband has an appraisal showing the value of the house at 12 $196,700.00. This appraisal was done on May 19, 2004. Wife 13 has an appra isal showing a value of the house at 14 $196,000.00. This appraisal was done on October 20, 2004. 15 The parties stipulate that they will be admissible without 16 calling the appraisers. 17 The value of husb and's 401(k) as of the date 18 of separation, according to wife's calculation, is 19 $159,268.00; husband's calculation is $126,748.00. 20 The value of wife's thrift savings plan as of 21 the date of separation is $82,655.00. 22 The value of Citizens Mutual fund as of 23 December 31, 2004, is $2,331.00. 24 The value of the Member's lst checking 25 account as of September 7, 2001, is $3,445.00. 4 1 The value of the Member's 1st savings account 2 as of September 7, 2001, is $4,043.00. 3 MR. WAGNER: There will be testimony on those 4 last two accounts showing that there will be Member's 1st 5 savings consisting of a $4,000.00 contribution from son and 6 then taken back out and given to son; that is why he is here 7 to testify, and a Member's 1st -- there was $2,900.00 taken 8 out of that number to pay a mutual debt. We will have 9 testimony on those two issues. 10 THE MASTER: Counsel have agreed that they 11 will use a 3o interest on the 401(k) of husband and the 12 thrift savings plan of wife for the Master to calculate a 13 current value. 14 The pension plans of both parties are going 15 to be revalued based on the code amendments and we expect to 16 have that information within the next week to ten days. 17 (Whereupon, a discussion was held off the 18 record.) 19 THE MASTER: With respect to personal 20 property, counsel are going to submit exhibits regarding 21 property that each of the parties wishes to receive. We 22 are, however, not going to have values placed on the 23 tangible personal property for the purposes of equitable 24 distribution. 25 Counsel have agreed that there is a rental 5 1 value claim pending and that wife has lived in the marital 2 residence as of today for 41 months. The marital residence 3 is free of any mortgage. The rental value as suggested in 4 the appraisals is $1,275.00 per month. Wife will also be 5 allowed a credit for payment of taxes of $6,450.00 against 6 the rental value. Using the calculation of $1,275.00 times 7 41 months, we have a rental value claim of $52,275.00 less 8 wife's tax contribution of $6,450.00 leaving a net of 9 $45,825.00. Dividing that number in half, husband's rental 10 value claim totals $22,912.50. 11 We are going to take a recess for lunch and 12 return at 1:15 p.m. to begin the testimony of wife with 13 respect to the assets and factors relating to equitable 14 distribution and alimony and any testimony she wishes to 15 offer on counsel fees. Husband will be permitted to offer 16 his testimony on the same issues. Counsel have agreed that 17 wife can offer her case in chief first although she is the 18 Defendant in the proceedings. 19 (Whereupon, a lunch recess was taken at 12:00 20 p.m. to 1:15 p.m.) 21 Whereupon, JOHN CHRISTOPHER GOUGHENOUR, 22 having been duly sworn, testified as follows: 23 DIRECT EXAMINATION 24 BY MR. WAGNER: 25 Q John, you will have to speak up nice and loud 6 s 1 because I am old and I can't hear. Would you tell the 2 Master your f ull name, please. 3 A John Christopher Goughenour. 4 Q And, John, where do you leave, please? 5 A 6107 Haymarket Way. 6 Q Is that Mechanicsburg? 7 A Yes. 8 Q And you are the son of John and Bac; is that 9 correct? 10 A Yes. 11 Q I'm going to show you a Member's 1st Federal 12 Credit Union account that has the last three digits 918 and 13 it appears to be in the name of John C. Goughenour, is that 14 your account? 15 A Yes. 16 Q I'm going to direct your attention to 17 September of 2001 and I will ask was there a $4,000.00 18 withdrawal ma de from that account? 19 A Yes. 20 Q Do you know where that money went? 21 A It went to my mom's account. 22 Q Okay. Was there some point in time that it 23 then came bac k into your account? 24 A Yes. 25 Q How soon after the withdrawal did it come 7 1 back into your account, if you know? 2 A In about a day. 3 Q Can you basically tell us how much money was 4 in your account before the $4,000.00 withdrawal? 5 A About $500.00. 6 Q No, right before the withdrawal, was there 7 $4,617.00 in th ere? 8 A Okay. 9 Q Do you know what the source of that money 10 was? 11 A It was when -- I was living by myself at the 12 time. 13 Q The source -- where did the money come from 14 that went into that account, I guess, is what I should ask 15 you. 16 A I was in a car accident and I received a 17 check for about $8,500.00. 18 Q When was that? 19 A The accident? 20 Q Yes. 21 A That was in 1998. 22 MR. WAGNER: Thank you. 23 THE MASTER: What was the amount he said he 24 received? I di dn't get the amount of the check. 25 THE WITNESS: The total was $8,500.00. 8 1 THE MASTER: So that this $4,617.00 was in 2 the account so me time after the car accident? 3 THE WITNESS: Yeah. 4 THE MASTER: There were other withdrawals out 5 of the account before that t ime? 6 THE WITNESS: Yes. 7 BY THE MASTER: 8 Q Which reduced the $8,500.00 to $4,617.00? 9 A Yes. 10 Q And then you took $4,000.00 out to give to 11 your mother and then you put $4,000.00 back in a day or so 12 later? 13 A No. My mom t ook out the $4,000.00. 14 THE MASTER: Okay. May be I don't understand 15 it. 16 BY MR. WAGNER: 17 Q It's true, is it not, that there was 18 $4,617.00 in your account in September 2001? 19 A Yes. 20 Q There was $4, 000.00 withdrawn by your mother; 21 is that correc t? 22 A Yes. 23 Q That was put into your mother's account; is 24 that correct? 25 A Yes. 9 1 Q And then the next day your mother took it 2 back out of her account and put it back into your account? 3 A Yes. 4 Q Is that correct? 5 A Yes. 6 (Whereupon, a discussion was held off the 7 record.) 8 MR. WAGNER: That is all. 9 CROSS EXAMINATION 10 3Y MR. MARKL EY: 11 Q Did you owe your mom any money back in 12 September 20 01? 13 A No. 14 Q Has she at other times taken money out of 15 your account ? 16 A No. 17 Q Were you aware of her taking money out of 18 your account at this time? 19 A The $4,000.00? 20 Q Yes. 21 A No. 22 Q When did you become-aware of it? 23 A It was - I don't know, like, I became aware 24 the next day then I told her that I didn't agree to her 25 taking it so that is why she put it back. 10 c 1 Q That is the first time she took money out of 2 your acco unt t hat you had to address with her before? 3 A Yes. 4 Q Did she give you reasons why she took it out 5 of your a ccoun t? 6 A It was to pay off debt, like, credit card 7 debts. 8 Q As far as you know those debts didn't get 9 paid off from that $4,000.00 because you demanded it back? 10 A Yes. 11 Q Was there any talk -- I guess I am still 12 somewhat confu sed. How old are you, John. 13 A Twenty-two. 14 Q How did you became aware that this $4,000.00 15 was taken out of your account? 16 A Because she asked me to borrow it to pay off 17 debts. 18 Q Did she ask you and you said no and then she 19 took it o r did she -- 20 A She took it out without me knowing and then 21 she asked me a nd then I said no and then took the money from 22 my accoun t and then she put it back in. 23 Q Has she ever put money in your accounts 24 before? 25 A No. 11 1 Q Never shifted money between accounts for may 2 be tax purposes? 3 A No. 4 Q So this is a one time isolated incident in 5 your entire life that she has on her own gone in and taken 6 money or put money back into your account? 7 A Yes, I'm pretty sure. 8 MR. MARKLEY: Okay. No more questions. 9 MR. WAGNER: No redirect. May this gentleman 10 be excused? 11 THE MASTER: I am thinking a minute. How 12 long have you had this account with your mother? 13 THE WITNESS: I'm pretty sure she opened it 14 for me. I have no idea. It could have been a pretty long 15 time. 16 THE MASTER: And you found out about the 17 withdrawal after she took it out and she told you that she 18 took it out; that is how you found out about it? 19 THE WITNESS: Yes. 20 THE MASTER: And you said, no, I don't agree 21 to pay debts with it, put the money back? 22 THE WITNESS: Yeah. 23 BY THE MASTER: 24 Q And she put the money back? 25 A Yeah. 12 1 THE MASTER: What is the value of this 2 Members lst account without the $4,000.00? Which one are we 3 talking abou t, Mr. Wagner? 4 MR. WAGNER: The $4,043.64. 5 THE MASTER: So that would be worth $43.00 -- 6 MR. WAGNER: $43.64. 7 THE MASTER: So that's what that would be 8 worth if we acknowledge that this transfer occurred the way 9 your witness has indicated it occurred? 10 MR. WAGNER: Right. Correct. 11 RECROSS EXAMINATION 12 BY MR. MARKL EY: 13 Q You stated that she opened the account for 14 you, you rea lly didn't know when it was opened? Is this an 15 account that you use regularly? 16 A Yes. 17 Q But your testimony is you don't know when it 18 was opened. You don't know how long this account existed 19 that was in your name? 20 A No. 21 Q Are you aware that she opened it with any 22 funds? 23 A You mean like her putting money in it? 24 Q How did you find out that this account 25 existed? 13 v.~.~~. i 1 A It was -- must have been whenever I was 2 working, when I first started actually working at McDonalds 3 at the time. 4 THE MASTER: This account was already in 5 existence whe n the accident proceeds were put in the 6 account? 7 THE WITNESS: Yeah, I'm pretty sure. 8 (Whereupon, a discussion was held off the 9 record.) 10 BY MR. MARKLE Y: 11 Q When you received the $8,500.00 check from 12 the insurance company, what did you do with that check? 13 A I put it into a CD. 14 Q Okay. So not into that account? You said 15 you found out about this account while you worked at 16 McDonalds, wh en did you work at McDonalds? 17 A It was in July of 2000. 18 Q Are there any other accounts that you have 19 jointly with your mother? 20 A No. I don't think so. 21 Q Are there any accounts that you might have 22 closed in the past couple of years that you had jointly with 23 your mother? 24 A No. 25 THE MASTER: So as I'm understanding this, 14 1 this account has nothing to do with the accident money? 2 MR. WAGNER: It does. I mean the whole 3 history is here. 4 THE MASTER: So we are still talking about 5 monies from the accident that were put into the account in 6 addition to may be savings from his McDonalds job? 7 MR. WAGNER: The first entry is back in 8 February of 1999 where it talks about an 18-month 9 certificate -- 10 THE MASTER: So this account has been his 11 account for a considerable period of time? 12 MR. WAGNER: Correct. 13 THE MASTER: Do you have any questions? 14 MR. MARKLEY: Nothing further. I hate to say 15 this but I can't excuse him because he may be relevant to 16 some other testimony later. 17 THE MASTER: All right. That's fine. 18 Whereupon, BAC T. GOUGHENOUR, having been 19 duly sworn, testified as follows: 20 DIRECT EXAMINATION 21 BY MR. WAGNER: 22 Q Now, you are going to have to speak nice and 23 loud so that she can take down what you say and so this 24 gentleman over here can hear you. The rest of us don't 25 matter. Okay. Would you tell us your full name, please. 15 1 A Bac T. Goughenour. 2 Q First name is spelled how? 3 A B-a-c. 4 Q What is your address? 5 A 6108 Haymarket Way, Mechanicsburg, 6 Pennsylvania. 7 Q What is your date of birth? 8 A June 19, 'S8? 9 Q Where were you born? 10 A South Vietnam. 11 Q What is your educational background? 12 A I have college degree. 13 Q From where? 14 A California State University of Pennsylvania. 15 Q What is the year that you graduated from 16 California Sta te? 17 A 1980. 18 Q What was your degree in? 19 A Math and computer science. 20 Q And you're currently employed. 21 A Yes. 22 Q Where are you employed? 23 A At the Navy Depot in Mechanicsburg. 24 Q What is your job title there? 25 A Computer specialist. I think they changed to 16 1 a new title now. 2 Q And how long have you worked for the Navy 3 Depot? 4 A Twenty years. 5 Q Other than working at the Navy Depot, have 6 you had full -time employment other than the Navy Depot? 7 A No. 8 Q You have how many children? 9 A Two. 10 Q And their ages are what? 11 A Twenty-four and twenty-three. 12 Q Now, when did you and Mr. Goughenour get 13 married? 14 A August 23, 1980. 15 Q And where did that marriage take place? 16 A Washington, PA. 17 Q And is this the first marriage for you? 18 A Yes. 19 Q And was this the first marriage for John? 20 A Yes. 21 Q Do you have any other children other than the 22 two children that you have to John? 23 A No. 24 Q Does John have any other children other than 25 the two chil dren that he has to you? 17 1 A No. 2 Q The home where you reside that you told us 3 about, Haymark et Way, how long have you and John lived at 4 that -- first of all, when did you buy that home 5 approximately? 6 A 1988. 7 Q Did you continuously reside there from 1988 8 to the present time? 9 A That's correct. 10 Q Was there a point in time when John left that 11 home? 12 A September 7, 2001 13 Q Just very briefly tell us your understanding 14 of why John le ft? 15 A I think so. 16 Q No, why did he leave? 17 A He had an affair. 18 Q Was that the reason that you and he 19 separated? 20 A I think so. 21 Q Have you continuously resided at that address 22 since you and John separated? 23 A Yes. 24 Q At the time John left in 2001 how old were 25 your children? 18 rm ~_, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A One is 20 -- Bethany 20 and John be I think 19. Q When your husband left in 2001 were your children still in high school? A Both out of high school. Q They are now but in 2001 were there still in high school? A Bethany in college and John just getting started to go to college -- community college in Virginia. Q Was that in 2001 when separation occurred? A Right. Q Is Bethany still in college? A No, she graduated. Q When did she graduate? A December of 2002. Q Has John graduated from college yet? A No. Q Where does John live? A He lives with me. Q Has he lived with you since separation on a regular basis? A He moved back from Virginia in February 2002. Q Has he lived since February 2002 to the current with y ou? A Yes. 19 1 Q How about Bethany, where does she live? 2 A Right now? 3 Q Yes. 4 A She lives in New York. 5 Q What is she doing in New York? 6 A She has a full-time job. 7 THE MASTER: Is this the city or somewhere in 8 New York state ? 9 THE WITNESS: She lives in New York City, 10 Manhattan. 11 BY MR. WAGNER: 12 Q You indicated that Bethany graduated from 13 college in 200 2. 14 A December 2002. 15 Q Up until that point and time, December 2002, 16 when Bethany w ould come home in the summer from college, 17 when she would come home for holidays, when she would come 18 home for schoo l breaks, where would she come to? 19 A My house. 20 Q Would she live there? 21 A Yes. 22 Q There is no mortgage on that house at the 23 present time; is that correct? 24 A That's correct. 25 Q And for purposes of securing an appraisal 20 1 that we have already talked about, you've paid a fee to 2 someone to do the appraisal, did you not? 3 A Yes. 4 Q How much fee did you pay for that appraisal? 5 A Two-hundred eight-five dollars. 6 Q How would you describe your health? 7 A Fairly good. 8 Q Are you currently under the care of a doctor 9 for any reaso n? 10 A No; just regular check up, yearly. 11 Q Other than the degree from California of 12 Pennsylvania, do you have any other degrees from any 13 institutions or places of higher education? 14 A No. 15 Q Now, the home where you live we've already 16 established t hat from 2002 -- from the time of separation 17 until now you paid $6,450.00 in taxes, did you also pay the 18 insurance on the home? 19 A Yes. 20 Q How much have you paid in insurance premiums 21 since the tim e of separation? 22 A Well, we usually split the house insurance up 23 until the las t payment, which I pay by myself. 24 Q How much was that? Does $331.00 sound 25 correct? 21 1 A Three-thirty one fifty. 2 Q And you paid that but up until the last 3 payment, you and John split the amount of the premium for 4 the home; is that correct? 5 A Yes. 6 Q Now, since John has left -- your husband John 7 has left the home -- have you expended any monies for 8 purposes of improvement to the home? 9 A Yes. 10 Q How much have you spent for making 11 improvements to the home? Does $1,085.00 sound right that 12 you showed me today, $1,085.00? 13 A Right. 14 Q What improvements did you make to the home 15 since your husband left that accounted for $1,085.00? 16 THE MASTER: Now, are we distinguishing here 17 improvements as opposed to repairing a leaky faucet. 18 MR. WAGNER: I reviewed with her Tuesday and 19 this is the number that she gave me for repairs and 20 improvements. 21 THE MASTER: Improvements are different from 22 repairs. I just want to make sure we are talking about 23 improvements. 24 BY MR. WAGNER: 25 Q What did you do that caused you to spend 22 1 $1,085.00? 2 A Put in new springs for the garage. 3 Q Garage door opener springs. 4 A Replace trolly on Genie operator. 5 Q I have here what appears to be the 6 replacement of the springs on the garage door opener; is 7 that one of the improvements that were made to the home? 8 A Right. 9 Q And then there was another one that says, 10 replaced the trolly on the Genie operator; that's the garage 11 door opener; is that correct? 12 A Yes. 13 Q And this is a thousand dollar check that you 14 are showing that says, wiring and plumbing for the house; is 15 that correct ? 16 A My brother put in a new sink, new faucet for 17 sink and put -- he got the air conditioner running. 18 Q Okay. Thank you. Now, I want you to very 19 carefully th ink about this next calculation because I want 20 you to go th rough it with the Master. Okay. We talked 21 earlier abou t John's 401(k), do you remember that? 22 A Yes. 23 Q You did some calculations on what you think 24 the value of John's 401(k) should be, have you not? 25 A Right 23 1 Q And what do you think the value should be for 2 purposes used today in the Master's hearing. 3 A One hundred fifty nine thousand two hundred 4 sixty-eight do llars. 5 Q How did you arrive at that calculation? Did 6 you take the c urrent value that was shown to you on the 7 document that John took off the computer today? 8 A That's correct. 9 Q Did you subtract from that number the second 10 document that John showed you, which were the contributions 11 made by he and his employer? 12 A That's correct. 13 Q And did you apply a 3% increase in value to 14 those contribu tions made by John and his employer? 15 A That's correct. 16 Q Then you subtracted that number from one 17 seventy nine; is that correct? 18 A Yes. 19 Q And that is how you came up with that one 20 hundred and fi fty nine thousand number? 21 A Yes. 22 Q All right. Now, let me ask you about your 23 thrift savings plan. Did you apply a similar formula to 24 that; that is, to take the current value, subtract your 25 contributions, and apply a rate of 3°s? 24 1 A That's correct. 2 Q And what did you come up as the current value 3 of your thrif t savings plan? 4 A Ninety-three thousand, six hundred and fifty 5 seven. 6 Q Ninety-three thousand, six hundred and fifty 7 seven? 8 A Yes. 9 Q And that is the process to arrive at that 10 increase and value for your thrift savings that you applied 11 to determine the increase of value in John's 401(k)? 12 A That's correct. 13 Q Now, as we look down the list of numbers we 14 have a number that your son John talked about that had to do 15 with the Memb er's 1st savings and I'm going to show you a 16 document that appears to be a copy of a Member's 1st Federal 17 Credit Union account in your name, and it has up in the 18 right-hand co rner the period of time 9/1/01 to 9/30/01. Do 19 you see that document? 20 A That's correct. I see it, yes. 21 Q As I look to September 6 of 2001, it says, 22 transfer from shares $4,000.00 taken out of an account 23 number 156918 , was that your son John's account? 24 A That's correct. 25 Q And it was deposited into your account 46323; 25 1 is that correct? 2 A That's correct. 3 Q The next day, September the 7, 2001, did you 4 withdraw two checks, one for $3,500.00 and the other for 5 $500.00? 6 A That's correct. 7 Q And does it show in this document that they 8 were transferr ed to account No. 156918, your son John's 9 account. 10 A That's correct. 11 Q Why did you take $4,000.00 out of John's 12 account and th en the next day give it back? 13 A I take out so I can may be try pay the visa, 14 the debt that we had. 15 Q That who had? 16 A Marital debt. 17 Q Okay. And why were you going to use your 18 son's account? 19 A Because we don't have any money left? 20 Q Okay. And when you told your son what you 21 did, what did your son do? 22 A He didn't agree to it so I had to put it 23 back. 24 Q And that's what your son talked about and 25 that's what th ese documents show; is that correct? 26 1 A That's correct. 2 Q Now, I want you to go to the Member's 1st 3 checking account where it says $3,455.00 and I want you to 4 secure that document. Do you have that one, the Member's 5 1st checking? 6 A Yes. 7 Q That is account No. 46323; is that correct? 8 A Yes. 9 Q Now, according to this document there is a 10 balance as of September 7, 2001, of $3,363.40, do you see 11 that? 12 A Yes. 13 Q And on September 7 there is a transfer of 14 $2,900.00 from that account? 15 A Right. 16 Q What happened to that $2,900.00? 17 A I pay my personal loan marital debt with it. 18 Q Did you make a listing of the debts that you 19 have paid since separation between you and your husband? 20 A Yes. 21 Q Would you get that for us, please? 22 A Okay. 23 Q Let me walk down the list with you. You have 24 listed here, do you not, six debts that you say were 25 incurred by you and your husband during the marriage that 27 .....~ m: 1 existed as of the date separation; is that correct? 2 A Yes. 3 Q Let's begin with what is listed as PSL, the 4 fourth debt down. What does PSL stand for? 5 A Personal service loan. 6 Q And what was that personal service loan 7 amount that was owed before September 7, 2001, before you 8 withdrew the $2,900.00? 9 A Nine thousand seven hundred and seventy-seven 10 dollars and sixty cents. 11 Q And what did you do with the $2,900.00 that 12 you took out of the account on September 7, 2001? 13 A To pay that debt. 14 Q Of $9,777.60? 15 A Correct. 16 Q If I take $9,777.60 and subtract $2,900.00 it 17 comes out to $6,897.00, does it not? 18 A That's correct. 19 Q Now, there is a debt listed here as No. 3231 20 for $1,861.5 9, tell the Master what that debt was. 21 A Visa account that we had. 22 Q Was that the amount owed as of separation? 23 A Yes. 24 Q Who has paid that or is paying that debt 25 since separa tion? 28 .. v 1 A I do. 2 Q You have listed here No. 3238 a debt for 3 $6,333.80, tell the Master what that debt is? 4 A That Visa account also, joint Visa account. 5 Q Who has paid that or is paying that since the 6 time of separation? 7 A Mr. John Goughenour. 8 Q That is your husband? 9 A Yes. 10 Q We have a debt No. 4946 for $5,990.73, what 11 is that debt? 12 A That is Master account, joint -- not joint, 13 mine. 14 Q Who is paying that debt? 15 A I do. 16 Q We talked about the personal loan, we have 17 two more, No. 4847, what is that debt? 18 A That is Visa account. 19 Q It says $3,538.23 -- 20 A Three thousand five twenty one -- 21 Q I am sorry -- $3,521.59. 22 A He pay for that. 23 Q All right. And finally we have a debt for 24 Sears of $310 .99. 25 A Yes. 29 1 Q Who paid that? ~4v 2 A He pay for that. 3 Q If we add these debts up they come up to be 4 $24,916.54; is that correct? 5 A Yes. 6 Q And if we divide -- if we take the debts you 7 paid minus the debts John paid, what are you claiming John 8 owes you in or der to be equal in that indebtedness? 9 A Divide by half equally? 10 Q Yes. 11 A $2,503.00. 12 Q So what you are asking the Master to do is 13 award you $2,5 03.00 to equalize the indebtedness? 14 A That's correct. 15 (Whereupon, Defendant's Exhibit No. 1 was 16 marked for ide ntification.) 17 BY MR. WAGNER: 18 Q Mrs. Goughenour, I'm going to show you what's 19 been marked as Defendant's Exhibit No. 1. It's a two-sided 20 document. On the side where the exhibit marking is is a 21 capitalization of those debts before you reduced the PSL 22 debt; is that correct? 23 A Yes. 24 Q The backside is after you reduced the PSL 25 debt by $2,900 .00; is that correct? 30 1 A Yes. 2 THE MASTER: So that gives us a value in the 3 Member's 1st ch ecking of 3455 less $2,900.00? 4 MR. WAGNER: Correct. Exactly. 5 BY MR. WA GNER: 6 Q Now, Bac, I want to ask a couple of other 7 questions about claims that you're asking the Master to take 8 into cons iderat ion. First of all, you're indicating to the 9 Master, a re you not, that separation occurred September 7, 10 2001, and that was a date upon which your husband received a 11 paycheck? 12 A That's correct. 13 Q And he deposited it into what account? 14 A 208798. 15 Q Was that a joint account or was that his 16 personal accoun t? 17 A He opened it by himself. 18 Q When did he open that account, if you know? 19 A I think August -- hold on. 20 Q Some time before September 7, 2001? 21 A Hold on. August 27, 2001. 22 Q And are you asking the Master to consider 23 that the deposi t of that paycheck should have been a marital 24 asset? 25 -~ A That's correct. 31 a~ m,~ 1 Q How much is that paycheck? 2 A $1,731.65. 3 Q Are you aware of any payments that your 4 husband made o ut of joint accounts before you separated that 5 you're asking the Master to reimburse? 6 A He paid $1,000.00 to Marlin. 7 Q Okay. You're saying that he paid $1,000.00 8 to his lawyer from an account before separation? 9 A He paid cash. 10 Q Well, are you saying he paid that before you 11 separated? 12 A That's correct. 13 Q So you are asking the Master to consider 14 that? 15 THE MASTER: What were the sources of those 16 funds, what ac count did they come out of? 17 THE WITNESS: I just saw the receipt that he 18 paid for, the $1,000.00 for the divorce fees. 19 BY MR. WAGNER: 20 Q What other fees or costs are you asking the 21 Master to cons ider? 22 A Security deposit and a rent advance for his 23 apartment when he had the apartment. 24 Q So you're asking if -- when your husband 25 testifies what ever security deposit he paid for his 32 1 apartment that that be considered; is that correct? 2 A That's correct. 3 Q What else are you asking to be considered? 4 A Twenty-five in a savings account. 5 Q Twenty-five dollars in a savings account? 6 A 208798. 7 Q That's the account number? 8 A Yeah. 9 Q 208798. 10 A And $25.00 in 113484. 11 Q So there is a total of $50.00 in two savings 12 accounts that y ou are asking the Master to consider; is that 13 correct? 14 A Yes. 15 Q Are there any other expenditures that you are 16 aware of that w ere made out of what you think were joint 17 funds that you want the Master to consider? 18 A Since November 2000 seem like he withdraw 19 more money then he used to. 20 Q What do you mean it seems like he withdrew 21 more money than he used to from November 2000 until the time 22 of separation? 23 A Probably $200.00 each month more. 24 Q So what you are telling the Master is, your 25 experience was you thought your husband withdrew $200.00 a 33 1 month more than usual from November 2000 until September 2 2001; is that what you're saying to the Master? 3 A Yeah. 4 Q And that came from whatever joint accounts 5 you and he had? 6 A Right. 46323. 7 Q Did he ever give you an explanation as to why 8 he began the practice of withdrawing $200.00 more per month 9 than what he usually did before November of 2000? 10 A Just spent more for work. 11 Q Is that what he told you? 12 A I guess. 13 Q How much money have you personally spent for 14 the actuarial study what was done by Mr. Leister? 15 A Four-hundred and fifty dollars. I already 16 paid that. 17 Q And there is one more bill of $600.00; is 18 that correct? 19 A That's correct. 20 Q Plus whatever he is going to charge us -- 21 A That's not my bill. 22 Q I understand. There is one more bill of 23 $600.00 and then there is the bill of whatever Mr. Leister 24 is going to do to update our pensiohs, he has to do one more 25 update because of the new law. Okay. 34 1 Now, finally, how much have you spent in 1 2 legal fees as a result of this proceeding? 3 A About $4,450.00. 4 Q That includes the preparation and attendance 5 here as well as the support matters that were undertaken; is 6 that right? 7 A Yes. 8 THE MASTER: I don't understand the actuarial 9 bills. She says there was $450.00 that she paid. What is 10 this other bill? 11 MR. WAGNER: She paid $450.00, then we agreed 12 to have both pensions done. Harry only did one for $450.00. 13 He did the second one and charged $600.00. 14 THE MASTER: Total? 15 MR. WAGNER: No. He has charged us $1,050.00, 16 so far of which we have paid $450.00. 17 THE MASTER: And so there is still $600.00 18 owed? 19 MR. WAGNER: In all honesty I believe it was 20 indicated that they were going to pay for that. We had 21 talked about that. 22 MR. MARKLEY: I am not sure why he charged 23 differently. There were supposed to be two pensions and we 24 were going to pay half of the costs. I was assuming he 25 charged the same per pension. 35 1 THE MASTER: That is why I was confused. 2 What I am prepared to do is just add up the total and divide 3 the total. She gets credit for paying $450.00. They both 4 benefited from it. When you get the bill from the other 5 one, add on the $1,050.00 divide by two and give her credit 6 for $450.00 and tell me then what each of them then are 7 going to pay. 8 BY MR. WAGNER: 9 Q Now, you have prepared a list of personal 10 property that you're willing to give back to your husband; 11 is that correct? 12 (Whereupon, Defendant's Exhibit No. 2 was 13 marked for identification.) 14 BY MR. WAGNER: 15 Q I'm going to show you what has been marked as 16 Defendant's Exhibit No. 2. Is this a list dated the 30th of 17 September of the items that you are willing to give back to 18 John and then you have at the bottom of this list the items 19 that you would like the Master to return to you; is that 20 correct? 21 A That's correct. 22 Q Other than the assets that we have talked 23 about so far today, being the home, pensions, the 401(k) and 24 personal property, are there any other assets that you 25 believe the Master needs to be aware of in making his 36 1 decision in this case? 2 A About 60a. 3 Q We will get to that in a moment. Are there 4 any other expen ses that you feel that you need to bring to 5 the Master's at tention for him to consider in awarding a 6 percentage to y ou or in reimbursing you money? 7 A No. 8 Q Okay. And what you are asking the Master to 9 consider doing is awarding you how much of the estate? 10 A I would like 600. 11 Q And are you asking the Master to also award 12 you alimony? 13 A That's correct? 14 Q Is there currently a mortgage on your home? 15 A No. 16 Q Would it be necessary for you to borrow 17 whatever money, if any, you have to pay your husband as a 18 result of these proceedings? 19 A I would consider mortgage -- refinance the 20 house or borrow from relatives. 21 Q Or borrow -- either way you have to borrow it 22 from some sourc e? 23 A Yeah. 24 Q Other than the assets we talked about here 25 today, do you h ave any other assets that you have not 37 1 disclosed? In other words, do you have a bank account 2 somewhere that you haven't told us about or somebody is 3 holding money for you somewhere that you haven't told us 4 about? 5 A No. 6 Q Is that correct? 7 A That's correct. 8 Q You have disclosed to this Master all the 9 assets and debts that you are aware of that occurred during 10 the course of this marriage? 11 A That's correct. 12 MR. WAGNER: That's all. 13 CROSS EXAMINATION 14 BY MR. MARKLEY: 15 Q Going all the way back to the insurance 16 premiums, Mr. Goughenour did not split the last premium with 17 your, correct? 18 A That's correct. 19 Q Do you know the date that that premium 20 officially became effective and when it ends? 21 A The one that we owe or that I paid by myself? 22 Q Yeah, the first one that he did not 23 participate in paying? 24 A November 14 that is the bill that came in for 25 $331.50. 38 1 Q And that policy period would be from when to 2 when? 3 A Well, usually they send us a bill for whole 4 year but we ju st pay half, like, every six months. 5 Q Okay. So you are saying that was just a 6 payment on the policy that you are currently on and that 7 policy's effec tive date was, like, June? 8 A June every year. 9 Q Do you know the total cost of that for one 10 year for that policy? 11 A You take $331.50 times two. 12 Q He paid half of the first $331.50 and just 13 didn't on the second half? 14 A Right. 15 Q You labeled certain things as improvements -- 16 the springs on the garage door, was there something wrong 17 with your gara ge door? 18 A It's completely broke down. We had to 19 replace it wit h the new ones. 20 Q So you had an automatic garage door opener 21 and it malfunc tioned and you had it fixed? 22 A It broke, had to replace with new one. 23 Q You mentioned sinks being put in. Did you 24 replace sinks or add sinks? 25 A Faucet; not sinks but faucet and then put 39 1 water holes underneath the sink, new ones. 2 Q Why did you have that done? 3 A Because he destroyed -- he broke it when he 4 tried to fix the faucet. 5 Q They were malfunctioning? You had them 6 repaired? 7 A Right. With new one. 8 Q I noticed when you did the valuations on 9 John's 401(k) and you did the valuation with your math on 10 the thrift savings plan, when I look at the values of those 11 from the date of separation until, I guess, what 12 theoretically would be today's date, with you doing the 13 valuing, you increased John's roughly 25% but yet your own 14 only increased about 12.5x. Can you explain that 15 difference? 16 A My lawyer help me with those figures and I 17 think -- 18 Q Did you guys apply a different math to it, 19 doing different methods? I mean, if you look at it John's 20 increased 33% off $126,000.00. I mean that is about 25%. 21 Hers only increased $11,000.00, so 12.5%. 22 MR. WAGNER: Hers went up $42,000.00. 23 MR. MARKLEY: Her thrift savings on date of 24 separation was $82,655.00. She just testified $93,657.00. 25 MR. WAGNER: Right. But it went up to 40 1 $124,374.00 and then she backed it down, the same as she did 2 for him. 3 MR. MARKLEY: I am not even talking about 4 this morning. I am talking about right now. She testified 5 that using hex formula, his 401 (k) as of today would be 6 $159,000.00. As of the date of separation it was 7 $126,000.00 and some change. So it increased, under her 8 formula, $33,000.00, roughly 25% of what its date of 9 separation value was. 10 Her date of separation value was $82,655.00. 11 Her math she says as of today was worth $93,657.00, an 12 increase of 511,000.00 so about 12.So increase. Why the 13 disparity if it is the same mathematical formula? 14 THE WITNESS: We use the current value. 15 MR. MARKLEY: Right. I understand his is 16 bigger and his would grow more but they should increase by 17 the same percentage increment. 18 THE MASTER: Mr. Markley, why don't you do 19 the math. We will take a recess after you are finished with 20 this examination of this witness and you do the math and you 21 can present that math through your client. I do not think 22 she is going to be able to give us an answer. She said her 23 lawyer helped her and he is not a witness. We will let you 24 do your math and then let your client give us his number. 25 BY MR. MARKLEY: 41 _, 1 Q When Mr. Goughenour left the house you guys 2 had paid a tax bill of $2,900.00 and you canceled the check, 3 correct? 4 A That's correct. 5 Q Mr. Goughenour then paid that check that you 6 had canceled? 7 A Correct. 8 Q Do you recall what account that check came 9 from that you cancelled? 10 A 46323. 11 Q Is that the Member's 1st account, the only 12 one that we ar e dealing with? 13 A Yes. 14 Q And then I know coincidentally you stated 15 that you paid a $2,900.00 bill; is that how you were able to 16 do it? You ca nceled that and paid that? 17 A Yes. 18 Q John did make a payment on the personal 19 service loan, correct? 20 A Some; not all. 21 Q Roughly about $361.00; is that right? 22 A That's correct. 23 Q The children have credit accounts that's in 24 both their nam es and your name? 25 A Correct. 42 is 1 Q John paid Bethany's card off, correct? 2 A Car? 3 Q Card. Her credit account? 4 A He told my daughter that he would pay off her 5 card. He said he would pay it for her as a gift to her. 6 Q Do you recall how much that was? 7 A Probably $2,000.00 something. My daughter -- 8 he told her that he would pay off her card for her, that is 9 her primary card. 10 Q We have already stipulated to incomes. Based 11 on your income are you having trouble paying your bills? 12 A Hold on. I also pay her second card for her, 13 pay off her card -- 14 THE MASTER: Let's answer the question. That 15 is not responsive to the question. Ask the question again. 16 BY MR. MARKL EY: 17 Q Based on your income, are you having trouble 18 paying your bills? 19 A No. I'm just fairly, you know, not struggle; 20 just paying okay. 21 Q Do you like to go to Atlantic City? 22 A Once in a while but not too often because 23 that one time I took my daughter back to Philadelphia and I 24 just got lost on the way back so I just have to know the way 25 I'm familiar with, that is why I went there. 43 1 Q So when you say not too often, how often is 2 not too often ? 3 A That is the first time since 2001. 4 Q Is that the last time also? 5 A That's correct? 6 Q During the course of this particular case, 7 did you speak with your attorney -- did your attorney speak 8 with you rega rding offers made to you in settlement by your 9 husband? 10 A What kind of offers? 11 Q Offers to settle this economic claims? 12 A Like you offer -- give me offer and then he '1 13 would ask me? 14 Q Yes. Did your attorney relay to you that 15 your husband was making offers to you to settle this? 16 A Yes. 17 Q Do you recall roughly when the first time was 18 you received information regarding an offer to settle this 19 case? 20 A I have the old offer. 21 Q Again, when was that? 22 A November 13, 2002, is that it? 23 Q Right. Do you recall what that offer was at 24 that time? 25 MR. WAGNER: Objection. 44 is r 1 THE MASTER: Sustained. The fact that there 2 was an offer made and the time is okay but not what the 3 offer was. 4 BY MR. MARKLEY: 5 Q Did you discuss that offer with your 6 attorney? I don't want to know anything about the 7 discussions but did you discuss that with your attorney? 8 A I look over the offer. 9 Q Did you provide him with information to make 10 an offer back to your husband? 11 A I don't think that is a reasonable offer at 12 that time. 13 Q I understand that but my question to you is: 14 Did you advise your attorney of what you should counter 15 offer your husband? 16 A I think I acknowledged to him that I receive 17 it but I don't think I ever replied back to him, like, if I 18 accept it or not. 19 Q Okay. Right. Your response was that you 20 were not accepting this offer but you did not make an offer 21 of your own? 22 A Correct. 23 Q You also received an offer in January of this 24 year, correct? 25 A That's correct. 45 ~~ 1 Q Did your attorney review that with you? 2 A (No response). 3 Q Do you recall if your attorney reviewed that 4 offer with you ? 5 A Yes. 6 Q Did you -- obviously you rejected that offer, 7 correct? 8 A That's correct. 9 Q Did you advise your attorney of what you 10 desire as a counter offer to be proposed to your husband? 11 A We discuss about, you know, his offer. I 12 told him that the 401(k) figure is not what I would be 13 accepting. 14 Q And again, I don't need the specifics that 15 you discussed, did you give him -- did you authorize him to 16 make a counter offer to your husband or did you just flat 17 out deny your husband's offer? 18 A No. I just look over the offer because I 19 need time to, you know, think. 20 Q You needed some time. You guys were 21 separated for 41 months, correct? 22 A Yes. 23 Q During that 41 months you received probably 24 roughly -- does your attorney send you correspondence, 25 copies of correspondence that I sent him? 46 1 A Yes. 2 Q So you received probably at least or in 3 excess of ten pieces of correspondence from me, correct? 4 A That's correct. 5 Q During that 41 months you never made a 6 counter offer to your husband regarding what it would take 7 to conclude th ese issues, correct? 8 A I did try to sit down and talk. 9 Q Who did you try and sit down and talk with? 10 A He said to me before that for personal 11 property he wo uld only take a rocker and everything else -- 12 he didn't want anything else except a rocker. I advised my 13 lawyer to see if he is saying that and then I would be 14 willing to sit down and talk, a four-way talk. 15 Q You did? You told your lawyer that you would 16 be willing to have a four-way conference? 17 A Yeah. 18 THE MASTER: We did have a four-way 19 conference her e didn't we? 20 MR. MARKLEY: We never had a four-way 21 conference. S ince day one I have constantly pushed for 22 that. 23 THE MASTER: Okay. Let me take a look. 24 BY MR. MARKLEY : 25 Q Let me ask you this. We have been to this 47 1 office on previous occasions, correct? 2 A This office? 3 Q Yes. 4 A Yes. 5 Q And did you ever tell anyone that you would 6 be uncomfortable sitting in a room and discussing your case 7 with your husband in that room? 8 A Did I tell anybody? 9 Q Yes. Did anybody ever tell you that your 10 husband was interested in having a four-way conference with 11 you? 12 A Yes. I have letters saying that. 13 Q I think this is where we are starting to get 19 a little bit confused. So you had those letters in hand 15 saying that we desire to have a four-way conference? 16 A That's right. And I said he offer to take 17 only the rocker and nothing else. If he would verify that 18 by writing and I would be willing to sit down and talk 19 four-way and he said no. 20 Q Okay. I get what you're saying. You are 21 saying that in the letter with the -- your response to the 22 request for a four-way conference was, if he is willing to 23 settle all issues for a rocking chair and sign a paper to 24 that effect -- 25 A Personal property. 48 1 Q -- then you would be willing to have a 2 four-way conference, correct? 3 A Yeah. Right. 4 Q So all the house goods in the house, your 5 response was, if he signed a paper that he would only take a 6 rocking chair, only then would you have a four-way 7 conference? 8 A Right. He said no, that he never say that. 9 Q Okay. 10 THE MASTER: Now, on the matter of 11 conferences, my notes do show that we did have a conference 12 on 9/29/04 but we needed pension information and I asked for 13 a status report in ten days. Then we had another conference 14 on November 16, 2004, where both parties and counsel 15 appeared and at that point, they agreed to prepare a 16 stipulation regarding the real estate and pensions if Harry 17 Leister's report accepted. The hearing was then scheduled 18 for today. Stipulation to be provided to Master to be made 19 part of record prior to hearing. So we did have the parties 20 in here. 21 MR. MARKLEY: Can we go off the record here? 22 THE MASTER: I am only stating what my notes 23 show but apparently there was never any meaningful 24 discussion. 25 MR. MARKLEY: There was very much meaningful 49 5 1 discussion of getting the four of us sitting at this table 2 and that was flatly rejected by their side saying that she 3 would not be comfortable sitting in a room discussing issues 4 with husband here. 5 THE MASTER: Well, my notes do not say that 6 they sat in the same room. 7 MR. MARKLEY: Because they wouldn't do it. 8 THE MASTER: But everyone did show up here. 9 MR. MARKLEY: Sure. 10 THE MASTER: And neither time that we had 11 conferences were we prepared to really sit down and discuss 12 issues because we didn't have all of the information that we ,, 13 needed - pension information, real estate appraisals, etc. 14 So none of the times were we really in a position, even 15 though we tried to have conferences, where we were able to 16 sit down and do any numbers because we didn't have all the 17 data. Is that fair? 18 MR. WAGNER: That's a fair statement. 19 THE MASTER: I think the question would be, 20 really, since all of this information and data was acquired, 21 did you receive any offers from wife to settle? I 22 understand why nobody could really make any offers of much 23 substance because we didn't have all of the data at the time 24 we had a conference on November 16, but since that date, 25 have there been any offers to settle; that's the question 50 1 that I would ask. 2 MR. WAGNER: Well, since December 20, 2004, 3 when Harry gave us those num bers, the answer would be, there 4 was one proposal made, Janua ry 17, 2005. 5 THE MASTER: By? 6 MR. WAGNER: By him. That is what brought us 7 here today. 8 THE MASTER: So he made a proposal by letter 9 and she has not made a count er proposal? 10 MR. WAGNER: Well, not by letter but as her 11 statement was, she disagreed with the 401(k) number that 12 they have used here. 13 THE MASTER: Did she suggest a number prior 14 to today? 15 THE WITNESS: When we had the conference with 16 my lawyer? 17 THE MASTER: You didn't agree with that 18 number in January, correct? 19 THE WITNESS: Yeah. 20 THE MASTER: And since January did you -- 21 since you did not agree with that number, did you suggest 22 another number? 23 MR. WAGNER: Did we suggest it, no. Did we 24 suggest a theory, yes. 25 THE MASTER: Well, did you tell them what you 51 1 thought it was worth? 2 THE WITNESS: No. We actually discussed on 3 the amount and the rental value -- 4 THE MASTER: You said that you didn't agree 5 with the number. Now, obviously if you didn't agree with 6 that number you must have had another number in mind because 7 you can hardly disagree with something if you do not have an 8 alternative. So at the time that you disagreed with that 9 number, what number did you think it should be? 10 THE WITNESS: I was thinking the rental value 11 should be on the list. 12 THE MASTER: We are not talking about rental 13 value. We are talking about the 401(k). 14 THE WITNESS: I was thinking like $180,000.00 15 should be on it. 16 BY THE MASTER: 17 Q So you thought the number should be 18 $180,000.00? 19 A Right. 20 Q Did you tell your attorney that? 21 MR. WAGNER: Let me be pathetically honest, 22 what I said was, the actual numbers should be supplied at 23 the time of the hearing. You bring your actual numbers, 24 which she did which are current; they will bring theirs. My 25 suggestion to her was, that it's been my experience that the 52 }d 1 current value should be supplied and that was what she was 2 looking at as far as today. 3 THE MASTER: She didn't even have that today 4 frankly. She had to do it today. 5 MR. WAGNER: But it's not hers, it's his. 6 She has hers. That's how we came up with one-hundred twenty 7 four and chan ge. 8 MR. MARKLEY: But that didn't come into 9 effect until January 29. 10 THE MASTER: It is retroactive. Let's go off 11 the record. 12 (Whereupon, a discussion was held off the 13 record.) 14 THE MASTER: Back on the record. I am not 15 sure where we are on cross. 16 BY MR. MARKLE Y: 17 Q Originally -- do you recognize this document? 18 A Yes. 19 Q That's something you had done to assert your 20 position as t o the value of the house, correct? 21 A Yes. 22 Q Do you recall what the value was that you 23 were assertin g at that time? 24 A Between $176,000.00 and $178,000.00 25 Q Correct. And this was not an appraisal? 53 1 A That's correct. 2 Q You had an actual appraisal done, I believe 3 it was October 20, 2004, correct? 4 A That's correct. 5 Q Do you recall how long it took them to give 6 you the result s of the appraisal? 7 A Probably one week or so. 8 Q So you had it before the end of October, 9 correct? 10 A Yes. 11 Q Now, as the Master pointed out, we were here 12 on November 16 , 2004, correct? 13 A Probably, yes. 14 Q Prior to that conference you did not advise 15 your attorney that you had that appraisal done, correct? 16 A No. 17 Q You, in fact, advised your attorney to push 18 for the valuat ion of the non-appraisal, correct? 19 A That's correct. 20 Q We started that conference on November 16, 21 2004, and at t hat time you still had not told your attorney 22 that you went and had an actual appraisal done, correct? 23 A That because I would see him on that day. 24 Q No, no. Listen to what I am saying. We were 25 here that day, you did see him. He did go in and talk to 54 1 the Master and at that time you still had not told your 2 attorney about the appraisal, correct? 3 A Well, that because -- 4 THE MASTER: Yes or no. 5 THE WITNESS: No, I did not tell him. 6 BY MR. MARKLEY: 7 Q In fact, you told your attorney about the 8 appraisal only after he went out in that hallway out there 9 and told you th e Master is not going to accept this 10 non-appraisal? 11 A He told me that before. 12 Q Right. He told you that several times. You 13 told him to try to accomplish that any how, correct? 14 A This is -- I give that to him and he present 15 that to you. A nd then after the judge said no he will not 16 accept that. 17 Q But he told you that the Master would not 18 accept this bef ore the hearing started and he also told you 19 that while the hearing was going on, because he was in here 20 conferencing no t in your presence, correct? 21 MR. WAGNER: But it wasn't a hearing. It was 22 a conference. It was a settlement negotiation. 23 BY MR. MARKLEY: 24 Q It was only after your attorney then went out 25 there that you finally told him, for the first time, about 55 1 the appraisal? 2 A Correct. 3 Q And your appraisal was $196,000.00, correct? 4 A Yes. 5 Q Your husband's appraisal done five months 6 earlier was $196,700.00, correct? 7 A That's correct. 8 Q Knowing that, after October 16, knowing those 9 numbers were from your appraiser and his appraiser, you 10 still advise d your attorney and you still wanted your 11 attorney to use the valuation set forth in this 12 non-appraisa l, correct? 13 A That's correct. 14 MR. WAGNER: I object to relevancy. 15 MR. MARKLEY: She answered it. She said yes. 16 THE MASTER: It is relevant. It was a deceit 17 on the Court and on opposing counsel when she had 18 information that she didn't present and was withholding 19 information that was relevant to the valuation of assets in 20 this case. I think it is a relevant question. 21 MR. WAGNER: I just want my objection noted. 22 THE MASTER: Objection noted. 23 MR. MARKLEY: No further questions. 24 MR. WAGNER: I have no redirect examination. 25 (Whereupon, a recess was taken.) 56 1 THE MASTER: Mr. Markley has indicated that 2 he wants to ask a few additional questions on cross 3 examination of the Defendant and then he is going to present 4 his case. 5 CROSS EXAMINATION CONT'D 6 BY MR. MARKL EY: 7 Q Bac, I have in front of me what you guys gave 8 me as far as listing your contributions to your thrift 9 savings plan , correct? 10 A That's correct. 11 Q And those are voluntary contributions? 12 A That's correct. 13 Q When you guys separated back in September 14 2001 -- you got paid biweekly back then, correct? 15 A Every two weeks? 16 Q You get paid every two weeks now? 17 A Yes. 18 Q When you guys separated, and the records I 19 have go all the way back to May of 2001, so as of May 2001 20 up until and through the date of separation, you were 21 contributing $204.00 to your thrift savings plan per 22 paycheck, co rrect? 23 A Yes. 24 Q Now, on top of that was various employer 25 matches and some kind of agency automatic 1%, correct? 57 1 A Yes. 2 Q But out of your paycheck itself came $204.80 3 per paycheck? 4 A Correct. 5 Q Then shortly after you guys broke up, 6 starting November of 2001 you stopped your contribution, 7 correct? 8 A Yes. 9 Q And you didn't start paying again until 10 August of 2002? 11 A Yes. 12 Q And August 2002, you started back up to the 13 $107.00 per paycheck payment, correct? i 14 A Yes. 15 Q Then in February of 2003 you increased your 16 contribution to $272.06 per paycheck? 17 A Correct. 18 MR. WAGNER: And now it is $311.00 which we 19 added back in to get the wage. 20 (Whereupon, a discussion was held off the 21 record.) 22 BY MR. MARKLEY: 23 Q Currently you now pay biweekly into your 24 voluntary thrift savings account $311.00 per paycheck, 25 correct? 58 1 A Yes. 2 Q Based on those numbers that is why there is a 3 little bit of a disparity between the fact that from the 4 date of separation we increased his 401(k) roughly 25% and 5 only increased yours 12.50; it was because you had 6 contributed more into your plan than he, therefore, when we 7 deducted that number we deducted a greater amount for you, 8 correct? 9 A Yes. 10 Q How long have you been contributing $311.00 11 per paycheck? 12 A Just started. It has always been like that 13 since the raise. 14 Q It hasn't always been like that. When did 15 you start contributing $311.00? 16 A The raise -- 17 Q January 2005? 18 A Yes. 19 Q To close out 2004 you were paying roughly 20 $274.00 per paycheck? 21 A Yeah. 22 MR. MARKLEY: I have no further questions. 23 THE MASTER: Any redirect? 24 MR. WAGNER: No. 25 THE MASTER: Do you have any other witness? 59 1 MR. WAGNER: No. 2 THE MASTER: Do you want to swear the 3 Plaintiff, ple ase. 4 Whereupon, JOHN E. GOUGHENOUR, having been 5 duly sworn, te stified as follows: 6 DIRECT EXAMINATION 7 BY MR. MARKLEY : 8 Q John, how are you currently employed? 9 A I'm employed as a manager for High Mark Blue 10 Shield. 11 Q How long have you been employed there? 12 A Nineteen years. 13 Q And were you employed there when you got 14 married? 15 A No, I was not. 16 Q Your testimony regarding certain debts -- 17 THE MASTER: I want to have a name and 18 address, date of birth, educational background, health. 19 BY MR. MARKLEY : 20 Q Back to the question then, state your name. 21 A John Edwin Goughenour. 22 Q Where do you currently reside? 23 A I reside at 4181 Elk Court, Apartment 101, 24 Mechanicsburg, Pennsylvania. 25 Q What is your educational background? 60 1 A I have a Bachelor of Arts degree in 2 Administration and Management from the California University 3 of Pennsylvania , as it is called now. 4 THE MASTER: What kind of management. I 5 didn't get all of that. 6 THE WITNESS: I manage a department at High 7 Mark Blue Shiel d. 8 THE MASTER: No. Bachelor of Arts degree in? 9 THE WITNESS: Administration and Management. 10 BY MR. MARKLEY: 11 Q And you stated that you reside at Elk Court? 12 A Correct. 13 Q Do you rent? 14 A Yes, I do. 15 Q And have you lived there since you separated 16 from your wife? 17 A Yes, I have. 18 Q You separated in September 2001? 19 A Yes. 20 Q Did you put a down payment down or a security 21 deposit? 22 A At that particular time the apartment complex 23 was having a special for security deposits and it was $70.00 24 I believe. 25 Q So you currently -- are you on an annual 61 i 1 lease with them? 2 A I'm on a month-to-month lease. I am 3 currently paying $705.00 a month rent and I pay all of my 4 utilities with the exception of trash and sewage. 5 Q And you are on the deed for the Haymarket 6 residence? 7 A Yes. 8 Q That is the marital residence? 9 A Yes. 10 Q And that home was paid off well ahead of time 11 that you separated with your wife? 12 A Yes. It was paid off, I believe, in August 13 of 2001. 14 Q Okay. So not well ahead, just a few months 15 before you separated? 16 A Correct. 17 Q Your children, at least one of them was in 18 college at the time. I believe one was getting ready to 19 start college, correct? 20 A That's correct. 21 Q How was their college being funded? 22 A My wife and I were paying the college bill 23 for both of the children. I ended up -- I was paying about 24 $1,000.00 a month rent for my son's apartment in Washington 25 DC -- outside of Washington DC where he was going to school 62 is n LJ 1 at. In addition, my wife and I gave our children money 2 every pay or p er month for gas, food and things of that 3 nature. 4 Q Was it divided equally between the two of you 5 or -- how did you work that out between the two of you, you 6 and your wife? 7 A Was what divided equally? 8 Q The expenses for college? 9 A Yes. We split that down the middle. We went 10 50/50 on that. 11 Q Are you talking about while you guys were 12 together or af ter separated? 13 A No, I am talking about after we were 14 separated. I did not feel it was appropriate to put the 15 children at a disadvantage because we went our ways. 16 Q You made certain offers regarding this case, 17 to settle this case, correct? 18 A Yes. 19 Q And you have always told your attorney that 20 you just want to be in the middle; you want to be fair, 21 correct? 22 A That's correct. I realize that no one wins 23 in divorce. 24 Q Have you ever gotten any indication what Bac 25 would be looki ng for to settle this? 63 1 A No. 2 Q You got some indication today, correct? 3 A Yes. 4 Q We, in fact -- this is our third trip here to 5 the Mast er's office, correct? 6 A Yes. 7 Q Can you describe what your understanding was 8 of what the first two times down here were today? 9 A Well, my understanding of what was to happen 10 was that we had made some request of the opposing counsel 11 for info rmation such as salary, retirement, pension so that 12 we could have all our information together so that we could 13 work out a proposal. When we came here there was always a 14 piece of information missing. 15 For example, the one meeting we had we were 16 supposed to have the pension information and the day before 17 the hear ing my wife had went to the Navy Depot to get that 18 pension information but did not have any information to 19 support that so we didn't have everything that we needed so 20 another conference/hearing, whatever you want to call it, 21 was set up. 22 Q In fact, at one of the prior conferences here 23 we were told that her employer can value her pension, 24 correct? 25 A Yes. 64 1 Q And it wasn't told to us that we are going to 2 find out if her employer can value the pension, correct? 3 A That's correct. 4 Q And then, in fact, after that conference we 5 were then told that the employer cannot value the pension? 6 A That's right. 7 Q And, therefore, they were going to have to do 8 it outside of that? 9 A That's correct. 10 Q And that was not the July meeting either, 11 correct? That was November? 12 A Yes. 13 Q Which would have been more than three years 14 after you separated? 15 A Correct. 16 Q When you guys separated you had written a 17 check to pay the year's worth of real estate taxes on the 18 house, correct? 19 A Yes. My wife called and said that the tax 20 collector said that the taxes needed to be paid; that the 21 check was cancelled and that she didn't have the money to do 22 it and asked me if I would pay the taxes to preserve the 23 home and whatnot, so I did that. I went and I borrowed 24 money against my credit card and I went and paid that day 25 the taxes to the tax collector in person because I didn't 65 ~~.r 1 want to do anything to jeopardize losing the home? 2 Q Did you pay the tax collector that day with 3 cash? 4 A I had to go and get money from the bank to 5 put into my checking account to pay. I borrowed from my 6 credit card. In other words, like a cash advance from my 7 credit card. 8 Q Is that the check that she canceled? 9 A she canceled that check, yes, and I said I 10 had to go and pay out of my own fund. It was not a joint 11 fund that I paid that tax out of. It was my own checking 12 account. 13 Q Right. Just so I am straight. You needed to 14 pay a year's worth of real estate taxes? 15 A Real estate and I think personal taxes. 16 Q So you borrowed money against your credit 17 card, deposited it in the checking account that she 18 obviously -- was it a joint account? 19 A No. It was mine. 20 Q How was she able to cancel that check? 21 A The check that she canceled was a joint 22 checking account that we had when we were married? 23 Q All right. So you previously wrote the check 24 to pay those bills? 25 A She did. 66 1 Q And then she canceled them? 2 A Correct. 3 Q And then to save the house you borrowed money 4 to pay them? 5 A That is correct. 6 THE MASTER: Now, the credit that she is 7 asking for for payment of taxes, does that take into account 8 this money tha t you paid? She is asking for credit on 9 account -- 10 MR. MARKLEY: No. 11 THE MASTER: What you're talking about does 12 not effect the $6,450.00? 13 MR. WAGNER: Correct. 14 THE MASTER: A11 right. 15 BY MR. MARKLEY : 16 Q She canceled the tax payment, paid some 17 marital debt, and then you created a personal debt and paid 18 that tax bill? 19 A That's correct. 20 MR. MARKLEY: So on her claim for marital 21 debt she sort of created double debt there. They paid a 22 marital debt, which was the real estate bill but she 23 canceled that check. He then, out of an account that we are 24 not claiming m arital property from, it is post separation, 25 he then borrow ed $2,900.00 to make that check good so to 67 1 2 speak. THE WITNESS: What I believe happened was, 3 from how it appears, and again I don't know, but it appears 4 that Mrs. Goughenour took a personal loan of $2,900.00 and 5 put that into our joint checking account and she had wrote 6 out a check to pay the taxes. After the separation she 7 canceled that check from the joint checking account and she 8 took that money and gave it back to her personal loan, I 9 guess, to satisfy that particular withdrawal she made a day 10 or two before. 11 She called me and told me that the tax 12 collector had called and that the taxes were due. I went to 13 Members 1st on my credit card that I had just received from 14 them and took a cash advance of $2,900.00 and I wrote out a 15 check from my own personal checking account, it was not a 16 joint account, it was the checking account that I set up 17 after separation, and I paid the taxes that day. 18 THE MASTER: So you're saying that this claim 19 of paying $2,900.00 on marital debt didn't happen. She is 20 claiming -- there is a payment on marital debt of $2,900.00? 21 MR. MARKLEY: I think, because the way this 22 23 24 25 is all morphed, I think it is a payment on marital debt but in the end it came from his personal account. THE MASTER: That is what I am asking. So it really - - the $2,900.00 was not a credit that she should be 68 1 entitled to? 2 MR. MARKLEY: Correct. 3 THE MASTER: So that her claim of paying 4 $2,900.00 toward marital debt -- 5 MR. WAGNER: She is not asking for that. I 6 think you are reading it the wrong way. 7 THE MASTER: May be I am. 8 MR. WAGNER: As of separation the debt was 9 ninety-seven hundred and change. She used that $2,900.00 to 10 reduce the marital debt on the personal service loan. 11 MR. MARKLEY: Right. But what I am saying 12 is, instead of that debt going on her side, she reduced that 13 through that so called scheme -- 14 MR. WAGNER: But it is a wash. You either 15 have to take the higher number of ninety-seven and then have 16 the account at what number you have here or you have the 17 lower number of three hundred and something and have the 18 lower debt. 19 MR. MARKLEY: But what I am saying is it 20 should be his credit. You are right, it is a wash except 21 for how the credit comes out. 22 THE MASTER: He can get credit for payment of 23 the tax but then that does reduce what she paid -- it 24 reduced the PSL loan. 25 MR. MARKLEY: Right. It increased his 69 1 personal debt because -- in other words, if we can include 2 his personal debt that he incurred -- 3 THE MASTER: That's what I am saying, he paid 4 $2,900.00 on marital debt so why can't he claim a credit for 5 what he paid on marital debt? 6 MR. MARKLEY: That's another way to skin the 7 cat. I agree. 8 THE MASTER: So he gets a credit for his 9 payment, far the taxes, and she gets credit for her payment 10 on the PSL loan. 11 (Whereupon, a discussion was held off the 12 record.) 13 BY MR. MARKLEY: 14 Q Did you have an appraisal done on the house? 15 A Yes. 16 Q You had an appraisal done on May 19, 2004? 17 A Yes. We had asked to voluntarily have that 18 done and we didn't get a response so we had to get a Court 19 order to have that appraisal done. 20 Q Thank you for bringing that up. You, through 21 your attorney, had requested on several occasions that 22 arrangements be made at a convenient time with your wife for 23 you to have an appraiser do an appraisal on the house, 24 correct? 25 A Yes. 70 1 Q And in the first few times that request was 2 made it was refused, correct? 3 A There was no response. 4 Q At one time you threatened to file a motion 5 with the Court that would require her to allow an appraiser 6 to come through the house, correct? 7 A Yes. 8 Q And you told her that if you had to do that 9 you would request attorney fees, correct? 10 A Yes. 11 Q In fact, she still didn't allow you to have 12 the house appraised, correct? 13 A That's correct. 14 Q And, in fact, you had to file a motion with 15 the Court? 16 A Correct. 17 Q Now, once that motion was filed she then 18 agreed to allow an appraiser to appraise the house, correct? 19 A That's correct. 20 Q Only after you incurred the expense of 21 requesting it several times, correct? 22 A Yes. 23 Q And you incurred the expense of paying your 24 attorney to draft that request and in filing that request, 25 correct? 71 1 A Yes. 2 Q All right. So at the end of the day you got 3 it done? 4 A Yes. 5 Q Who did you hire to do it? 6 A Mr. Koppenhaver, E.J. Koppenhaver. 7 Q And he did, in fact, complete that, correct? 8 A Yes, he did. 9 Q How much did you have to pay Mr. Koppenhaver 10 to have that done? 11 A Three hundred dollars for the property 12 appraisal. 13 Q And I don't recall the answer, was Mr. 14 Koppenhaver allowed into the house? 15 A Mr. Koppenhaver -- I don't know if he was 16 allowed in t he home. I do remember on his appraisal he said 17 that he was not allowed to take any pictures inside the 18 house. 19 Q That restriction was by Mrs. Goughenour, 20 correct? 21 A Yes. 22 Q So the appraisal is done without essentially 23 photographs in the appraisal, correct? 24 A Correct. Just the outside of the house. 25 Q She would not allow him to take photos? 72 1 A Correct. 2 Q Then you also used that same appraiser to use 3 his records to do a rental value on that. Correct? 4 A That is correct. 5 Q And the rental value that Mr. Koppenhaver 6 determined for your marital residence was $1,275.00, 7 correct? 8 A Correct. 9 Q You paid for that appraisal? 10 A Yes. I had to pay another $50.00 additional. 11 MR. WAGNER: Off the record. 12 ~ (Whereupon, a discussion was held off the 13 record.) 14 THE MASTER: I want to know what he says the 15 thrift savings plan is worth and the 401(k) is worth. She 16 told me what sh e thinks they are worth. Now I want to know 17 what he thinks they are worth. These people own these 18 accounts. I need to know what number they are going to use. 19 I am not going to do the math on it. 20 Mr. Goughenour, what is the condition of your 21 health? 22 THE WITNESS: Well, as of today I don't know 23 of any problems. 24 THE MASTER: So your health is good? ® 25 THE WITNESS: Yes. 73 1 THE MASTER: Nothing impairs your ability to 2 perform your job responsibi lities? 3 THE MASTER: No. 4 BY MR. MARKLEY: 5 Q Let's do thi s. Let's address the Master's 6 question. The valuation -- the date that we have the 7 valuations for. 8 A Okay. 9 THE MASTER: Well, what are we talking about, 10 which account? 11 BY MR. MARKLEY: 12 Q Let's start with the thrift savings. 13 A Okay. 14 THE MASTER: Thrift savings. What is the 15 value of that a ccount today ? 16 MR. MARKLEY: After running through the 17 numbers, we are using the n umbers that he [Mr. Wagner] came 18 up with. 19 THE MASTER: You are using his numbers? 20 MR. MARKLEY: Yes. 21 THE MASTER: Then why didn't you just tell us 22 that? 23 MR. MARKLEY: Well, we actually did. 24 THE MASTER: Well, that wasn't on the record, 25 was it? Okay. So you are using the numbers that wife 74 . . a 1 testified to as the value of these accounts? 2 MR. MARKLEY: Yes. 3 THE MASTER: So we can stipulate to the 4 values of these accounts? 5 MR. MARKLEY: Yes. 6 MR. WAGNER: I believe so. 7 (Whereupon, a discussion was held off the 8 record.) 9 THE MASTER: The parties stipulate to value 10 of the thrift savings and the 401(k) per wife's testimony. 11 BY MR. MARKLEY: 12 Q You have a joint account at Member's 1st? 13 A That's correct. 14 THE MASTER: Now, the checking account that 15 wife testified to, Member's 1st has a value of $545.00 and 16 that i5 after taking off the $2,900.00 so that's her 17 testimony. 18 MR. MARKLEY: Yes. 19 THE MASTER: Now, are you talking about the 20 same account? 21 THE WITNESS: I'm talking about the same 22 account but I'm actually talking about the issue where my 23 wife feels she is entitled to part of my paycheck, that 24 particular pay period. ®, 25 THE MASTER: Okay. Go ahead. 75 1 THE WITNESS: Shortly after the separation my 2 wife told me that she needed money to cover checks that were 3 already written. One of the checks happened to be the 4 security deposit for my daughter's apartment in college. I 5 don!t know the exact amount of my check back in 2001, but 6 you know that's really not for the record, but on the 7 particular statement I have here where I transferred from my 8 checking account to Mrs. Goughenour's or as you want to call 9 it, our joint account, I sent her $1,000.00 to cover any 10 outstanding checks so that she would not receive any checks 11 that were non-sufficient and that is contained right here on 12 the Member's lst record. 13 THE MASTER: So it's your position that 14 whatever she might have to claim against that payroll 15 payment that was made for working during part of the time 16 that you were living together, is countered by the payment 17 to cover these checks that were written, including payment 18 on your daughter's security deposit? 19 THE WITNESS: That's correct. 20 THE MASTER: I understand that. 21 THE WITNESS: Like it said, it's right here 22 in the record that it went into that checking account. 23 MR. WAGNER: Do you have a copy of that. Zq THE WITNESS: Yes. I believe she does too. 25 If you look here, this was the joint checking account. Here 76 1 on September 7, it says transfer from shares, 208798, that's 2 my checking account dash 11. I put in there $1,000.00 and 3 that was to cover outstanding checks that were already 4 written. 5 MR. WAGNER: But you acknowledge the 6 $2,900.00 was taken out right before that? 7 THE WITNESS: I can show you what the record 8 was for. I didn't know where the $2,900.00 went to. I had 9 no idea that my wife even had a personal service loan. I 10 never even heard of it before. 11 THE MASTER: Anything else? 12 MR. MARKLEY: No. 13 THE MASTER: I am a bit uncertain about -- we 14 have an issue about this personal property. Are you going 15 to present any testimony about what he wants out of the 16 personalty? 17 MR. MARKLEY: I'm sorry. I forget that. 18 (Whereupon, Plaintiff's Exhibit No. 1 was 19 marked for identification.) 20 BY MR. MARKLEY: 21 Q Going through these items that you had 22 requested from your wife, you requested a three-piece 23 picture in the family room? 24 A Yes. ® 25 Q Is that marital property in your opinion? 77 1 MRS. GOUGHENOUR: Yes. 2 MR. WAGNER: You are not testifying; he is. 3 BY MR. MARKLEY: 4 Q How was that acquired? 5 A That particular item was given to me by 6 employees at work for my birthday. 7 Q Do you recall roughly which birthday? 8 A It had to be back in 1989. I mean I don't 9 know how old I was but I know it was in that time frame. 10 Q You also requested a cloth wreath made by 11 your mother? 12 A Yes. 13 Q How did you acquire that? 14 A My mother made it and gave it to me. She was 15 making wreaths that particular year and she gave it to me. 16 Q Was that during the marriage? 17 A Yes. 18 Q You also requested video tapes/slapshots? 19 A Yes. 20 Q Did you make the tapes or did you purchase 21 the tapes? 22 A My father made the slapshot tape for me and 23 the other ones I recorded from the television. 24 Q Health meter scale? +, 25 A That was a gift from my parents. 78 1 Q Electric potpourri warmer? 2 A That was a Christmas gift that I got from a 3 supervisor f rom work. 4 Q I guess I should ask roughly when? 5 A Probably in 1990. 6 Q You requested a bible? 7 A There was a bible that my parents gave me for 8 Christmas on e year when I was a child. 9 Q You had that previous 'to the marriage? 10 A Yes. 11 Q Birth certificate. You've not been able to 12 obtain your birth certificate from her yet? 13 . _, A No. 14 Q And you requested that several times, 15 correct? 16 A That is not the first time we have submitted 17 this list to her. 18 Q Large glass vase in dining room hutch. 19 A Yes. That was given to me from an employee 20 that worked for me. I helped her submit an idea. She 21 received som e money for the idea and she bought that 22 particular v ase for me in appreciation for helping her 23 submit the i dea. 24 Q Small four-piece Asian picture? +, 25 A That was a picture that was marital property 79 1 that we bought when we were in Virginia one weekend. 2 Q So that particular item you are saying is 3 marital propert y? 4 A Yes, it is. Marital money went to buy that. 5 Q Ten-speed bike? 6 A My brother gave that to me back in probably 7 '83 or '84. 8 Q Wooden cubicle picture frame? 9 A That was a gift that my boss at work gave me 10 for Christmas. 11 Q Shower radio? 12 A That was a Christmas gift from my brother. 13 Q Remaining clothes, coats and jackets. You 14 still have some back at the marital residence? 15 A To my knowledge I do, yes. 16 Q Title to the Accord. That is at the marital 17 residence? 18 A Yes. 19 Q Those are the things that you are requesting. 20 Just so I under stand, how many bedrooms is your house? 21 A We have a four-bedroom home. 22 Q Is it fully furnished? 23 A To the hilt. 24 Q Every room? ~ 25 A Every room. 80 1 Q Couch, television? 2 A Yes, several couches, several televisions. 3 Q That you consider to be marital property, 4 correct? 5 A Yes. 6 Q And while your intentions are not necessarily 7 to waive your equitable distribution rights in that marital 8 property, you really just want these things back, correct? 9 A Yes. Those are things that are personal to 10 me that were given -- they are just personal to me from the 11 people who gave them to me. 12 Q So all those other furnishings in the house, 13 what will become of them? 14 A Those would stay in the possession of my 15 wife. 16 THE MASTER: Do you have any idea as to the 17 value of those items that are left in the house that are 18 going to remain in the possession of your wife? Your 19 opinion? 20 THE WITNESS: In my opinion, well we don't 21 have antiques or fine art or anything like that. I know 22 that the contents of the home were appraised for like twenty 23 some thousand dollars. Honestly I cannot answer you as far 24 as what the value of those things are. 25 THE MASTER: Would you think it is worth more 81 1 than $2,500.00? 2 THE WITNESS: Yes. 3 THE MASTER: And you are willing to say, as I 4 understand your testimony, that you get these items back 5 that you listed on your exhibit and she can have the rest of 6 it? 7 THE WITNESS: Yes. 8 THE MASTER: Anything else? Did you want to 9 testify after he is crossed? 10 MR. MARKLEY: Regarding counsel fees -- yes. 11 THE MASTER: Yes. So we have your testimony 12 and we have his cross? Are you finished with direct? 13 MR. MARKLEY: Yes. 14 THE MASTER: Mr. Wagner. 15 CROSS EXAMINATION 16 BY MR. WAGNER: 17 Q Mr. Goughenour, your attorney forwarded a 18 letter to me that was dated the 13th of October of 2003. 19 The letter is authored, dated October 13, 2003, authored by 20 a Carlea Lenker from Detweiler Realty. This is the person 21 that came up with the reasonable rental value of the 22 property; is that correct? 23 A Yes. 24 Q And her letter is dated October 13, 2003. 25 Can you tell the Master how, if entrance was not allowed to 82 1 the marital home, how Mrs. Lenker came up with her 2 reasonable rental value in October of 2003? 3 A If I recall, Marlin asked me if I knew the 4 approximate value of the home and I did not. So we were 5 trying to get information together so we could prepare an 6 offer and he asked me if I knew of any realtors in the area 7 that, you know, would be able to come within a ballpark 8 figure of what the home would approximately be worth plus a 9 rental appraisal as well. There is not a lot of realtors 10 that do both. It just so happened that Detweiler does so I 11 contacted them and the lady said that she was very familiar 12 with the development that I live in and the homes there and, ,, 13 you know, that is what it would be worth. 14 Q All right. So this woman was able to make a 15 reasonable rental value calculation based upon a simple 16 request from you as of October 2003? 17 A Yes. 18 Q Never went into the property? 19 A No. 20 Q Never saw the condition of the property? 21 A No. 22 Q And when the February 2nd letter was sent to 23 my attention from your lawyer indicating that the property 24 had a value of $195,000.00 for the marital residence, from 25 what source did he obtain that number, if you know? 83 1 A To the best recollection, Marlin and I sat 2 down and we estimated what we felt the value was to try to 3 but forth an offer so we could get discussion started in 4 this proceedings. 5 Q And once your property was appraised, your 6 person determined the value to be $196,700.00? 7 A Yes, sir. 8 Q And the person who did it on behalf of your 9 wife determined it to be $196,000.00? 10 A That's correct. 11 Q So what you're saying to the Master is that 12 you went through filing a motion and legal fees for purposes 13 of $1,000.00 in value of a piece of property? 14 A I'm sorry? 15 Q What you're telling us is, you went through 16 the motion to have an appraisal of the home done and that 17 appraisal was increased by $1,000.00 from your original 18 calculations from February 2004, correct? 19 A Yes, I did because I did not have what was 20 deemed at that time as a certified appraisal and I asked my 21 attorney was that something that we should get because we 22 were not getting any where with this so he recommended that, 23 yes, I go ahead and get it so we could get something on the 24 record and I did. 25 Q And that is the same company that was able to 84 1 come up with a reasonable rental value without even seeing 2 the property? 3 A No. Mr. Koppenhaver actually did the rental 4 value based off of his property appraisal. 5 Q Did you talk to anybody from Howard Hanna 6 where Carlea Lenker works to say, are you also familiar with 7 the value of the property to come up with an appraised value 8 as you did with reasonable rental value without seeing the 9 home? 10 A She gave me both. 11 Q Carlea Lenker did that too? 12 A On the initial, yes. 13 Q What did she say initially it was worth? 14 A In that particular area -- I believe when we 15 contacted Carlea we were looking to determine what would be 16 the estimated rental value of a home in that area because I 17 had no idea of knowing what that was and that is what she 18 provided was the homes in that area, the range for what the 19 rental would be. 20 Q Did she also give you the range on the value 21 of the real estate? 22 A No. She just specifically gave us what I 23 believe is the rental value. 24 Q So the $195,000.00 that happens to appear in 25 February 2004, before anybody did appraisals, was just a 85 1 coincidental number? 2 A What happened was attorney Markley and I went 3 out and looked at what the home was appraised for by the 4 county, when they did the tax assessment, and then we 5 realized that when that was compared to now that the value 6 had increased and that actually I believe is our estimation 7 of what the home was worth. 8 Q Now, I want to read a letter to you dated 9 June 2nd, 2004, and it is from the Court or the Master to 10 you. I want to make sure you understand this. It is dated 11 June 2, 2004. (Reading) Dear Mr. Markley and Mr. Wagner, 12 Mr. Markley has recently indicated that discovery is ,~, 13 complete. 14 Were you satisfied that everything was in 15 order as of June 2nd, 2004? You knew everything you needed 16 to know? 17 A You mean from my wife's side? No; because we 18 did not have that information but I do know that everything 19 that Mr. Markley asked me for, that he believed would be 20 necessary for this type of thing, I provided to him and I 21 believe that is why he noted that discovery was complete. 22 In other words, I provided him with everything he wanted to 23 know. 24 Q As of July 30, 2004, you made an offer 25 through your attorney to your wife, did you not? 86 1 A Yes. 2 Q I'm not going to ask you specifics but that 3 was in excess of six figures -- it was greater than six 4 figures, was it not, as a lump sum payment that she was 5 supposed to make to you? 6 A Yes. 7 Q And as of July 30, 2004, when you made that 8 demand, we did not yet have the value of your pension or 9 your wife's pension; isn't that correct? 10 A I believe that you had everything for me. 11 Q Okay. Then I'm looking at a document that is 12 dated September the 30th from Mr. Leister addressed to me -- 13 excuse me December 20th from Mr. Leister addressed to me 14 that has pension information in it for you and your wife, 15 would you agree that that is December 20th, 2004? 16 A Well, yes, that is what it is dated, yes. 17 Q Do you know if there was any prior document 18 from Mr. Leister that had both pensions appraised of 19 December 20th 2004? 20 A No; because that was information we were 21 missing. 22 Q And if I go through with you a series of 23 letters from my office, very quickly, August 2nd 2004 to the 24 Federal Retirement Thrift Investment Board from me to them; 25 August 2, to the Federal Employees Retirement System; August 87 1 6 to Harry Leister - do the appraisals for both parties; 2 Federal Retirement Thrift Investment Board August 6; again 3 Federal Retirement System August 9. Do you have similar 4 letters where you had prior to August 6, 2004, requesting 5 information concerning my client's pension/thrift savings 6 plan or did you make any requests of her employer or the 7 federal government? 8 A I certainly would not make any requests of 9 her employer or the federal government. All of my requests 10 were channeled through Mr. Markley so that they could be 11 conveyed to you. 12 Q Are you aware of any requests that Mr. 13 Markley made to any of these agencies to secure information 14 concerning Mrs. Goughenour's thrift savings plan and/or 15 pension? 16 A In my dealings with Mr. Markley we were 17 hoping to be able to get that from you. 18 Q Okay. And would you agree with me that the 19 August 2nd, August 6th, and August 9th letters that I wrote 20 to these various agencies at the federal level to secure 21 information from Mrs. Goughenour came months after you 22 certified discovery was complete and at least two weeks 23 after you made a demand in excess of six figures from your 24 wife to settle this case? 25 A What I know is that we made attempts to get 88 - ~-••~+~ i••ivi=<«+i-iv... vvc u1u l.vl. LCl:C1VC 1CJ~JV11JC5 ~c all oz 2 our correspondence which led to all of the hearings here. 3 We were asked to submit a proposal to you, which we did 4 based off the information that we knew at that time so we 5 could get things going. We did that, and again there was no 6 response. I called Mr. Markley and said, you know, have we 7 heard anything, you know, there was just nothing that ever 8 came back. 9 Q Other than the letter of January 17, 2005, 10 after we had Mr. Leister's two appraisals -- after Mr. 11 Leister made his two appraisals of December 20, 2004, were 12 there any demands by you to settle the case other than your 13 letter of January 17, 2005? 14 A When we received the pension information, 15 which I believe at that point in time was the last missing 16 piece of the puzzle that we did not have, Mr. Markley and I 17 met. We came up with a proposal using the suggested 55/45 18 split and we made that proposal to you in early January and 19 I had contacted him to see if we had any kind of response 20 from you on that, whether it was, you know, favorable; not 21 favorable; are there any issues, and I was not aware of 22 anything. 23 Q I just want to be clear about one thing. 24 Until all the pensions were appraised and the home was 25 appraised and the thrift savings information was provided, 89 2 A Yes. 3 Q One proposal was made since that time and 4 that was January 17, 2005? 5 A No. 6 Q Isn't that the only proposal that has been 7 made since all of the information has been acquired? 8 A To answer that question, yes. But my 9 understanding, and certainly I am not perfect, I could be 10 wrong, was that the other proposals were drafted from our 11 side to you because that is what you wanted. 12 Q And am I correct that once you had all of the 13 information in place, being the retirement information from 14 Mr. Leister, your proposal of January of 2005 was 15 approximately $40,000.00 less than what your demands had 16 been made up to the time that all of the information had not 17 yet been supplied? 18 A You're correct, Mr. Wagner. 19 Q So in other words, you were asking Mrs. 20 Goughenour to respond to offers when, A) she didn't have all 21 of the information, and B) and now that we do, is $45,000.00 22 less than what you were demanding; isn't that true? 23 A No, that is not true. Our proposal, the 24 initial one, my understanding was was made because that is 25 what you wanted. You wanted a number to go to your client 90 1 to work with. Now, that is something you will have to take 2 up between you and Mr. Markley? 3 Q Okay. Now, in 2001 you are asking the Court 4 to give you credit for some taxes, as I understand it. Am I 5 correct in that regard? 6 A Yes. 7 Q Of the taxes in 2001, $470.00 was a personal 8 tax for you, was it not? 9 A Yes. 10 Q And the county tax of $373.67 for which you 11 are asking credit, 9 months of that you resided there; is 12 that correct? 13 A All I can tell you on that particular thing 14 as far as my asking is that that was a marital debt at that 15 point in time and I covered the stopped payment on the 16 check. 17 Q It is true in the calendar year 2001 the 18 personal tax of you was $470.00, the county tax was $373.67, 19 and the school tax was $1,581.00 that you paid those three 20 taxes; is that correct? 21 A And I also paid Mrs. Goughenour's personal 22 taxes. 23 Q Okay. Finally, were you supplied -- let me 24 back up a second. Did you independently ask or did Mr. 25 Markley independently ask Mr. Leister to do any appraisals 91 1 of the pensions of you and Mrs. Goughenour, or was it your 2 understanding that was coordinated between he and I and I 3 was doing it? 4 A My understanding of what happened was that -- 5 I had provided my pension information to Mr. Markley years 6 ago from my employer. My understanding with the hearing 7 with Mr. Elicker is that my wife did not have that pension 8 information. My understanding was that Mr. Elicker did not 9 want to run the risk of our pensions being valuated by two 10 separate parties, that they should be valuated by the same 11 party so that there would be no disparity between them. 12 Q Fair enough. I know what you are saying. 13 Thank you. 14 MR. WAGNER: I have no further questions. 15 THE MASTER: Any redirect? 16 MR. MARKLEY: Briefly. 17 REDIRECT EXAMINATION 18 BY MR. MARKLEY: 19 Q Our initial offers, we had actually thought 20 that the pensions might be a wash, correct? 21 A I thought, yes. 22 Q At no time in those first several years of 23 documentation sent to them, their response was always, I 24 believe so, let me check with my client, right? 25 A Yes. 92 1 Q No where did anyone ever say we believe they 2 may not be? 3 A Correct. 4 Q In fact, counsel pointed out all of this 5 correspondence that he had with trying to get pension stuff 6 done, correct? 7 A Yes. 8 Q And he stated the months and he did not state 9 the years with those, those were, in fact, after the Master 10 got involved in the case, correct? 11 A Nothing really started to happen until we met 12 with Mr. Elicke r. 13 Q In fact, one of the reasons why we were 14 pushing to get this in front of Mr. Elicker was because they 15 were totally of f the map, totally inactive, totally 16 unresponsive -- 17 MR. WAGNER: I object to that line of 18 questioning. T hat is very argumentative -- 19 THE MASTER: And leading. I'll sustain the 20 objection. 21 BY MR. MARKLEY: 22 Q One of the reasons we got the Master involved 23 was because we were not getting any offers, no counter 24 offers or any r esponses from the other side, correct. 25 A That's correct. 93 io 1 MR. WAGNER: Just a question. Did you file 2 interrogatories in this case? 3 MR. MARKLEY: Yes. 4 MR. WAGNER: Are the answers by Mrs. 5 Goughenour? 6 MR. MARKLEY: Yes. I think I will be 7 testifying. 8 MR. WAGNER: Well, my next question then is, 9 if she answered those interrogatories, did you then certify 10 to this Master that discovery was complete in June 2004. 11 MR. MARKLEY: I did certify it because in our 12 perspective -- 13 THE MASTER: Well, gentlemen, on that matter, 14 neither of you certified that discovery was complete. 15 MR. WAGNER: You sent a letter out saying 16 that he did. 17 THE MASTER: I know and I guess I -- I know I 18 said that and I am not trying to make this more difficult 19 but I am looking at the certification documents and 20 basically Mr. Wagner you said that we needed sixty days to 21 finish discovery and I thought well let's go ahead and get 22 it started. Mr. Markley said that it was not complete, 23 values of marital property, attorney has corresponded and 24 are now attempting to work out a claim. So at that point I 25 assumed that you were trying to work out the values and I 94 1 took a leap there and I have to admit probably too much of a 2 leap and assumed that in a certain period of time discovery 3 was going to be complete. 4 MR. WAGNER: My only point there is to set 5 out that there was a period of time that in 2004 we were 6 still engaged in discovery because there is an attempt here 7 to be made that somehow my client has been recalcitrant in 8 not doing this. 9 (Whereupon, a discussion was held off the 10 record.) 11 EXAMINATION 12 MR. MARKLEY: I am Marlin Markley of the law 13 firm of Patrick Lauer, counsel for John Goughenour, the 14 Plaintiff in this divorce action. I'm testifying to the 15 element of attorney fees in this particular case. What I 16 did previous, I believe, to our first meeting or subsequent 17 to our first meeting at the Master's office is I took my 18 correspondence regarding this case and put it in 19 chronological order and I also created a summary of it. 20 I guess the basis of our claim is the fact 21 that we understand there is no right to divorce until two 22 years has expired. Once the two years has expired you have 23 to start going forward. We preliminarily attempted 24 negotiations. I have documentation in letters requesting 25 four-way conferences from the beginning of this thing. 95 y 1 I can't testify that they said no to anything 2 because they just didn't address anything. The best 3 response I got was, I will check with my client. Obviously 4 the client is difficult. So be it. She shouldn't be 5 rewarded for this. 6 Here is the history. Mr. Goughenour has 7 incurred, estimating at the conclusion of today it will be 8 over $4,000.00 in attorney fees. When I created my pretrial 9 statement I attached his billing up until that date because 10 we had the claim at that time. Essentially on January 4th I 11 provided them with information regarding the accounts. That 12 was 2002. January 31, 2002, there is correspondence 13 regarding insurance proceeds and tax exemptions. 14 February 2002 he requested a copy of the 15 divorce complaint from me because his client did not provide 16 him with one. Then November 13th I provided a detailed list 17 of assets and liabilities in attempt to negotiate. August 18 26, 2003, a copy of the motion to appoint the Master. 19 November 13, 2002, is my list of assets and liabilities. A 20 lot of these assets and liabilities where they are trying to 21 fault us for being close in our estimate of the value of the 22 house. We didn't feel as though we needed an appraisal done 23 of the house. We felt that we were in the ballpark. My 24 client was always willing to negotiate and not try to get 25 every dime out of her. To try to keep their fees down we 96 1 thought that $190,000.00 or $195,000.00 would be a fair 2 estimate. When we actually had appraisals done it was 3 $196,000.00. 4 MR. WAGNER: May I ask for an offer of where 5 we are going with this because now you are testifying, 6 actually you are arguing. 7 MR. MARKLEY: Well, you try and make out that 8 there is something fishy about the fact that we estimated 9 $195,000.00 -- 10 MR. WAGNER: No, no. I'm not suggesting 11 that. 12 MR. MARKLEY: Where I am going with it is we 13 were preliminarily trying to negotiate. We were trying to 14 say, hey, let's be reasonable about this. This house is 15 worth about $195,000.00. We didn't get a response that 16 said, go get an appraisal done. We got a response that 17 said, yeah, we will consider that. Nothing further. We got 18 -- true we did go and get appraisals done that was because 19 nothing else was happening at that time. We weren't getting 20 any response to what we felt it was worth so we went and 21 paid to have an appraisal done and it just coincidentally 22 came out to be roughly what we said it was worth. 23 Then on October 7, 2003, I basically again 24 tried to detail the assets. We had a good faith honest 25 belief at the time that the pensions were roughly a wash. 97 1 Again, we never got a response that we don't believe that 2 they are. In fact, we got a response that said, Oh, I will 3 talk to my client about it. We never got anything back on 4 it. 5 October 2003 not only did I send a letter 6 pushing for something to be worked out again but also 7 attaching my November 13th letter that listed the assets and 8 what we felt they were valued. We addressed what we 9 believed to be valuations as far as the federal retirement 10 but again no response back from them. I again point out 11 that they are not exactly getting any val uations done at 12 this time either. 13 Then as a final attempt -- February 2, 2004, 14 (reading) As a final attempt to get your client to provide 15 us with an offer before listing this case for a Master's 16 hearing, I am enclosing a letter with Carlea Zenker of 17 Howard Hanna providing a monthly rental value. 18 I would also refer to my November 13, 2002, 19 regarding all of the marital assets. (Reading) I would like 20 to know if your client is willing to stipulate to the value 21 of $195,000.00. If she is not willing to stipulate to this 22 amount, please contact me so we may begin to arrange for an 23 amicable time for Mr. Goughenour to have his appraiser stop 24 at the house. I await your response. Please let me know 25 your position by February 20, 2004. I got nothing. I left <, 98 1 some voice mails. 2 MR. WAGNER: With whom? 3 MR. MARKLEY: With your offi ce. 4 MR. WAGNER: I can tell you categorically 5 that is an absolut e lie. We do not have vo ice mail. We 6 never have. 7 MR. MARKLEY: That is not. Well, I left 8 messages with your secretary. I have it in my billing 9 statements. Here is why I know. I was not getting any 10 reason for the app raisal not to happen. Mr . Goughenour then 11 advised me that he r mother was sick and she might be out of 12 town to deal with that. 13 MR. WAGNER: And how would I know that if I 14 am sending her let ters to her place and she is out of town? 15 MR. MARKLEY: I didn't hear that from you 16 though. 17 MR. WAGNER: Well, how would I know that? 18 MR. MARKLEY: But you didn't even contact me 19 to say, hey, I am not getting a response fr om her. 20 MR. WAGNER: I am not going to get in an 21 argument over this . 22 MR. MARKLEY: So then -- 23 MR. WAGNER: I am going to o bject on the 24 following basis -- I am going to object to any further 25 testimony because I am looking through the documents, the 99 U 1 issue of counsel fees has not been raised by either party. 2 THE MASTER: It is. 3 MR. MARKLEY: Yeah, just you misplacing 4 things. 5 THE MASTER: There was a petition filed. 6 MR. WAGNER: Okay. May I see it. 7 THE MASTER: I didn't have it. The 8 Prothonotary did not give it to me. I noted that in my 9 opening remarks here today because I didn't have it. 10 (Whereupon, a discussion was held off the 11 record.) 12 MR. MARKLEY: February 26 I wrote, (Reading) 13 It is my understanding that your client's mother passed away 14 recently and as a result your client went out of town for 15 two weeks. We would still like to attempt to settle this 16 case without a need to request permission from the Court to 17 allow us to do appraisals. I would appreciate you 18 contacting me to discuss possibly setting up a meeting 19 between us and our clients so we may attempt to settle this 20 case. I understand that it may be your client's intent to 21 drag matters out as long as possible, however, I believe in 22 the long run it will cost you more because of rental value 23 and the possibility of attorney fees because her lack of 24 cooperation with attempt to settle this case. 25 March 24, one month later. (Reading) I have 100 1 made several phone calls to your office in regards to 2 scheduling a settlement conference between your client and 3 mine. We are still awaiting a date your client is available 4 to meet. I respectfully request that you contact my office 5 within the next ten days to schedule a conference. If I do 6 not hear anything from your office within the next ten days, 7 I will be forced to petition the Court for formal discovery. 8 MR. WAGNER: This is going to go for hours 9 because I am going to have to respond to everything he is 10 saying with a letter that I wrote before this. I faxed him 11 a letter that created the March 24th response. 12 MR. MARKLEY: I will save you the trouble 13 because I will address his letter next. Same date, March 14 24, (Reading) I have finally been able to discuss a 15 four-party conference with my client. She has indicated to 16 me that when the parties separated, your client agreed that 17 she could retain the personal property in the home with the 18 exception of one rocker that he wanted. If he will verify 19 the same in writing, then she has indicated a willingness to 20 sit down in a four-party conference. So if he is willing to 21 say that he will only take a rocker, she will be willing to 22 sit down and have a four-party conference. 23 MRS. GOUGHENOUR: He said that. 24 THE MASTER: Well, he didn't even have a 25 rocker on here, did he? I don't know. I understand where 101 . . ;, 1 you are going -- 2 MR. MARKLEY: I am almost done. 3 THE MASTER: You go ahead and finish because 4 I have a question. 5 MR. MARKLEY: Regarding the March 24 6 correspondence, this is March 31. (Reading) My client does 7 not recall making any agreements with your client other than 8 what was done at Domestic Relations. With that in mind, he 9 is not saying that is out of the question for your client to 10 retain the household goods, however, that determination has 11 to be made with consideration for the whole situation and 12 that is exactly why we are trying to have a four-party 13 conference for. Please let me know if your client is 14 willing to have a conference and if not, let me know some 15 time frame that she would be willing to allow us to have an 16 appraiser into the home. 17 It was somewhere after that that I filed for 18 allowing the appraiser in and then it was May 13th that I 19 finally got a letter confirming that we can allow an 20 appraiser in. 21 Everything about this case has been that same 22 tortuous track. May be it is great for litigation strategy 23 but it is tortuous on people's budget, people's time, and 24 people should not be rewarded for that. Someone should be 25 accountable for that. If that is the way they want to play 102 1 -- 2 MR. WAGNER: Are we arguing this or are you 3 -- 4 MR. MARKLEY: I am done. 5 THE MASTER: What about the rocker? Is the 6 rocker on here? What happened with the rocker? 7 MR. GOUGHENOUR: I took it off the list 8 because, I mean , here it is 2005. I left in 2001. My 9 parents bought me a rocking chair, actually they gave me 10 money towards a rocking chair and then I paid the rest on my 11 own. I am only one person. I live alone. I do not need 12 two rockers. I took it off the list. 13 THE MASTER: So then what you did you simply 14 requested some items -- you said, okay, forget the rocker. 15 You don't need the rocker. She can have everything in the 16 house; that you wanted a few other items. So that is where 17 we are today? 18 MR. GOUGHENOUR: That's correct. 19 THE MASTER: One other question and then I'll 20 let Mr. Wagner cross. You made an offer to settle 21 comprehensively after all the discovery was complete in 22 January of 2005 ? 23 MR. GOUGHENOUR: Yes. 24 THE MASTER: Did you receive any response to 25 that offer? 103 1 MR. GOUGHENOUR: No. 2 MR. MARKLEY: I would be better to testify to 3 that. Since I made that offer I once spoke to Mr. Wagner, 4 of course, to see if his client would be serious about 5 talking about settling. He said he would talk to her. He 6 believed she would be. We had a couple of telephone calls 7 in between then and now where it was basically the same 8 thing, or providing a piece of information regarding this 9 hearing. But at no point did we get anything. 10 THE MASTER: We are here today because there 11 was never any negotiations after your comprehensive offer? 12 MR. MARKLEY: Right. It was only after they 13 were backed into a corner that they actually gathered 14 documents, but to this moment -- 15 MR. WAGNER: Now, let me -- 16 THE MASTER: Now, you cross-examine, Mr. 17 Wagner. 18 MR. WAGNER: Thank you. 19 EXAMINATION 20 BY MR. WAGNER: 21 Q September 19, 2003, a letter to Bob Elicker 22 carbon copy to Marlin Markley, (Reading) PS., I would 23 appreciate if you would contact me at your convenience so we 24 might discuss the status of the assets of the marriage 25 without the necessity of going through formal discovery. I 104 1 have looked at my record here and there has not been one 2 request made since that date in 2003 for purposes of valuing 3 any pensions, asking for any information concerning 4 pensions, asking for any information concerning my client's 5 thrift savings plan nor has there been given to me any 6 information concerning Mr. Goughenour's pension. I did that 7 all after August 1, 2004. The comprehensive settlement that 8 was proposed July 30, 2004, without the necessity -- I 9 should be asking you these questions. 10 You wrote a letter July 30, 2004, indicating 11 that you wanted certain documents at $105,000.00 lump sum 12 settlement, did you not, Mr. Markley? 13 A Yes. 14 Q At that point in time was the thrift savings 15 plan valued? 16 A No. 17 Q Was the pension of Mrs. Goughenour valued? 18 A No. 19 Q Was Mr. Goughenour 401(k) plan valued? 20 A Yes. 21 Q So without the pension values, without Mrs. 22 Goughenour's thrift savings plan being valued, your position 23 is that Mrs. Goughenour should have responded to a 24 $105,000.00 lump sum offer without knowing all of the 25 information in this marriage; is that your position? 105 2 responded back and said, we are going to have our pensions 3 valuated. She did not. 4 Q This is dated July 30th, 2004, and I can show 5 you letters -- August 2, 2004, three days later where I 6 wrote to all of these people asking for that information and 7 I believe I copied you with all of that. 8 A That's right. That is your first indication 9 of wanting this . Almost three years after they separated. 10 Q Did you at all ever supply information 11 concerning his pension or his 401(k)? 12 A I supplied information regarding what we 13 believe it to be worth. 14 Q Did you supply the documentation to verify 15 it? 16 A Did not. 17 Q Did you have it appraised? 18 A No. 19 Q So what your position is, you want legal fees 20 because Mrs. Goughenour is obstinate in not responding to an 21 offer for which there is very little support and you think 22 as a result of that she should pay counsel fees? Is that 23 your position? 24 A That is not. 25 Q Would it be malpractice for someone to take a 106 1 letter like that, without having documentation to support 2 it, and recommend to a client that they settle for 3 $105,000.00? 4 A Depends on a lot of the factors. 5 Q If I would have taken that letter and told 6 her to settle for $105,000.00, in your professional opinion 7 would that have been malpractice? 8 A Without valuating other things surrounding 9 it, absolutely. 10 Q All right. So between July 30 -- 11 A This was an attempt to get your position. 12 This was an attempt to get you guys to say -- this is 13 actually probably the 12th attempt as opposed to the initial 14 letter. 15 Q No, that is the only one with the first 16 numbers in it, Marlin. Now, the next time that there is a 17 letter with numbers in it is January 17, after I got all the 18 information concerning the pensions and thrift savings plan 19 together through Mr. Leister; isn't that true? 20 A Say that one more time. 21 Q The next letter -- the next offer after July 22 30, 2004, was January 17, 2005, after I acquired the 23 information from Mr. Leister on the pensions of the 24 respective parties, isn't that true? 25 A Yes. Because after this point it was 107 1 determined that we were going to have the pensions valuated. 2 Q And in analyzing the 3502 factors and the 3 3501 marital property for purposes of today, is there not a 4 provision that indicates that the parties are to set forth 5 the values of their assets separate and apart from those 6 that may be marital including current values of those 7 assets. 8 A Yes. 9 Q Did you bring today the current values of the 10 thrift savings plan? 11 A I had it in my pretrial statement? 12 Q The current values as of today? 13 A Not of today's date. 14 Q So you're telling the Master you concede to, 15 despite knowing what the law is, you're supposed to provide 16 that to allow the Master to make the 3502 and 3501 17 determinations, you didn't supply the current value of the 18 single biggest asset your client has; isn't that true, the 19 current value? 20 A No. When I walked in here I felt that I did 21 know the values. 22 Q Did you supply the current value of the 23 single biggest asset that your client has as of today when 24 you walked into this hearing? 25 A I supplied what I thought was, under the law, 108 1 the accurate number. 2 Q But you do concede that you are aware that 3 the Court is to consider assets separate and apart from 4 those that ar e marital including the current value of 5 pensions and the current value of other assets. 6 A Yes. 7 Q And you didn't bring that, did you? 8 A No. But we did calculate that here. 9 MR. WAGNER: Thank you. I have no further 10 questions. 11 (Remarks by the Master were placed on the 12 record as to what counsel are to supply to the Master. 13 Those remarks were mailed to counsel on Monday, February 14, 14 2005.) 15 (Whereupon, Court adjourned at 4:22 p.m.) 16 17 18 19 20 21 22 23 24 25 109 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. T E r -- Traci olyer Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date E. Robert Elicker, II Divorce Master 110 JOHN E. GOUGHENOUR, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 5451 CIVIL BAC T. GOUGHENOUR, Defendant IN DIVORCE THE MASTER: I know that you are going to get these valuations updated on the pensions. When you get that done, I would like to have - Mr. Wagner I think indicated that it would take a day to a week -each counsel provide me - not a brief - with a spreadsheet showing the values of the marital property, including the stipulated values which apparently deal with the 401(k) and the thrift savings plan, and how you would propose these assets be distributed. Obviously, I know wife wants the house and each probably would like to keep their pensions, but suggest perhaps in a footnote on the spreadsheet where you would like the items to go. I am a bit unclear about the credits that Mrs. Goughenour wants against the rental value with regard to the claim that Mr. Markley is making based on repairs, and I say the word repairs because it seems to me what she had done were repairs not improvements. You can give me your rental value number. (An off the record discussion was held.) THE MASTER: I want to be able to distinguish between what was done, whether repairs or improvements. If a repair needs to be done then I do not think that is a proper deduction especially in the context here replacing a garage door opener and a faucet. So I would like you to take a look at the deductions on the rental value claim because I think Mr. Wagner's client testified about some insurance that was paid by wife - I think $331.00, so that should be included. If he wants to include something for l improvements, fine, he can make his argument and put that down. I think what she paid for, for the garage door opener and the plumbing, does not add up to the one thousand and fifty dollars, or whatever the amount is she says she paid. (An offthe record discussion was held.) THE MASTER: The other area is the credit on account of debt. I know we have this twenty-nine hundred dollar issue. I would like you to do a separate analysis and a chart because wife testified about Visa card/credit cards, PSL loan and all of that. Some of them he paid; some of them she paid. You came up with a net, as I recall, in your testimony. I would like to see your math on that -how you came up with the credit that she is asking be applied to her for payment of more of the marital debt than husband paid. As far as the personality, frankly, I think I am just going to basically follow what these people are leading me to. He said she can have the things in the house but I do think he ought to have his things on the list. (An off the record discussion was held regarding the personal property and the lists that were submitted by the parties.) (Court adjourned at 4:22 p.m.) OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traei Jo Colyer June 2, 2004 Office Manager/Reporter West Shore 697-0371 Ext. 6535 Attorney at Law Attorney at Law LAW OFFICES OF PATRICK F. LAUER, JR. MANCKE, WAGNER & SPREHA 2108 Market Street, Aztec Building 2233 North Front Street Camp Hill, PA 17011 Harrisburg, PA 17110 Marlin L. Markley P. Richard Wagner RE: John E. Goughenour vs. Bac T. Goughenour No. O1- 5451 Civil In Divorce Dear Mr. Markley and Mr. Wagner: Mr. Markley has recently indicated by letter of June 1, 2004, that discovery is complete. Mr. Wagner previously indicated that discovery would be complete within sixty (60) days of September 19, 2003. The complaint in divorce was filed on September 18, 2001, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. On September 29, 2003, a counterclaim was filed raising additional claims on behalf of the Defendant of alimony and counsel fees. I am going to proceed on the assumption that there are no outstanding discovery issues and that at the time of the pre-hearing conference we will not be dealing with discovery matters. Also, I am going to assume that the parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can move forward under Section 3301(c) of the Domestic Relations Code. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, June 28, 2004. Upon receipt of the pretrial i Mr. Markley and Mr. Wagner, Attorneys at Law 2 June 2004 Pace 2 statements, I will immediately schedule apre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND~/COUNT/~Y,~ PENNSYLVANIA No. Ql-~f+~I (-1~1 I CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Dauphin County Courthouse, Harrisburg, Pennsylvania. 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 THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA No. ~~-~~"I ~~~ ~ ~ CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS LISTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas sigientes, debe tomar action con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede se emitido en su contra por la Corte. Una decision puede tambien se emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades, o otros derechos importantes Para usted. Cuando la base Para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotario, en la Dauphin County Courthouse, Harrisburg, Pennsylvania. SI LISTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO O OTROS GASTOS ENTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SE EMITIDO, LISTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. LISTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDLATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCLA LEGAL. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOHN E. GOUGHENOUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA i vs. No. aI- 5'f~`l ~w ~ BAC T. GOUGHENOUR CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301 (c) or 3301 (d) OF THE DIVORCE CODE The Plaintiff, John E. Goughenour, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, John E. Goughenour, is an adult individual who currently resides at 4181 Elk Court, Apartment 101, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Bac T. Goughenour, is an adult individual who currently resides at 6107 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff is a bona fide resident of the Commonwealth of Pennsylvania and has been for at least six months immediately prior to the filing of this Complaint. COUNT I - DIVORCE 4. Paragraphs one through three are incorporated herein by reference. 5. The Plaintiff and the Defendant were married on August 23, 1980, at Monessen, Westmoreland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. 10. There are no minor children to the marriage. 11. Plaintiff requests the court to enter a decree of divorce. COUNT II-EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (il) are incorporated herein by reference as if set forth specifically below. 13. The parties have legally and beneficially acquired property, both real and personal, during their marriage. 19. The Plaintiff and the Defendant have been unable, as of the date of this Complaint, to agree as to an equitable division of said property. WHEREFORE, the Plaintiff, John E. Goughenour, respectfully requests this Honorable Court to enter a decree of divorce in this matter; and the Plaintiff further requests the Court to equitably divide all marital property and to enjoin it from being removed, disposed of, alienated, sold, or otherwise encumbered pending final hearing and settlement of all claims. The Plaintiff further requests the Court to incorporate any Stipulation reached by the parties regarding the division of marital property into the divorce decree; or, should the parties fail to reach such an agreement, to equitably divide all marital property. Respectful ly/submitted, arli L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. ,/ 2108 Market Street, Aztec Building Li/~3 w~~ Camp Hill, Pennsylvania 17011-4706 Date: /[ ID# 84745 Tel. (717) 763-1800 JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: = ,~--a/ Signature: ohn E. e ur I#~~a~m~~ _,..,...~~. -< ~ .__.. .. ~. _ .. -x~rta a A&~~+ras~~~marwee_~n.~w~su-wru~'uk'uwusssx.v.n~~ u.,m.mm~-~-°-----. ~. ~ ~ `~' ~ ~~ ~~~~ ~~~ ~ ~ ~ -fit- ~ -~~ .. LAW OFFICES JOHN B. MANCKE P. RIGHA0.D WgGNER EDWARD F. SPREHA, JR. MANCKE, WAGNER &SPREHA 2233 NORTH FRONT STREET HARRISBURG, PA 17110 PHONE 017) 2347051 PAX 017) 2347080 February 17, 2005 E. Robert Flicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Goughenour Dear Bob: I have discussed with Marlin Markley the application of the new Act to define benefit plans. It would seem there is a question as to whether or not the Act applies to new defined benefit plans, and therefore, both Marlin and I agree that the new Act does not apply to the valuation defined benefit plans. Accordingly, it is our position that you can use the numbers provided from Harry I.eister's report of December 20, 2004, for both Mr. and Mrs. Goughenour. 'T'hose numbers appear in the letter of Marlin Markley dated January 17, 2005. Your attention is appreciated. igner PRW/dks cc: Marlin Markley, Esq. G~~~,~ii JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE nRnF,R AND NOW, this ~ ~ day of ~tic.~, 2003, E. ROBERT ELICKER, II, is hereby appointed Master in Divorce. BY THE COURT: ~ J. Distribution: -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 -P. Richard Wagner, Esq., 2233 North Front St, Harrisburg, PA 17110 ~~~,f ~~~ ~~~1 ~~ H~Nv'i~~ASi~![~~d ~v'3^;;~~~r"~i ;7 ~;' JOIN E. GOUGHENOUR, Plaintiff vs. BACT.GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE AND NOW COMES, the Plaintiff, John E. Goughenour, by and through his attorneys, The Law Offices of Patrick F. Lauer, Jr., and moves the Court to appoint a Master with respect to the following claims: (~ Divorce (~ Distribution of Property ( )Annulment OSupport ( )Alimony OCounsel Fees ( ) Alimony Pendente Lite OCosts and Expenses and in support of the Motion states: 1. Discovery is not complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action by counsel P. Richard Wagner, Esquire. 3. The statutory grounds for divorce are 3301(c) and 3301 (d). 4. The action is not contested and no agreement has been reached with respect to the disputed claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. Date: ' G l~ -~ ~ (~ ~ Respectfully submitted, arlin arkley, Esquire 2108 M ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5451 Civil BAC T. GOUGHENOUR :CIVIL ACTION -LAW Defendant : IN DIVORCE I, Mazlin L. Markley, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Motion for Appointment of Master upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: P. Richazd Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 ~az azkley, Esquire 210 ket Street, Aztec Building ~,~ / -24p3 Camp 'll, Pennsylvania 17011-4706 Date: l0 ID# 84745 Tel. (717) 763-1800 a ~ ~ ~. ..., wit'. G7 :;~~ ~~ ns -~°~ ~`; . ~ ~ ' -{« r--t=' -rr ~~ ~T- ~~.- f Om - V --°~ ~~ ~ rn ~ i P.Richard Wagner, Esquire January 17, 2005 Page two of two -~.-.___ With regard to the personal property Mr. Goughenour would like to retrieve the following: ~ ~ '~ Th i i w,-~,..,.... ",` ree p ece p cture in family zoom Large glass vase in dining room hutch ~ Cloth wreath made by his mother Small four piece Asian picture k ~y Video tapes (Slapshot & Prefontaine) He lth t l Ten speed bike G; ~ ~ ~.d.,.,G.,N~ ?7~-~. ` W d a me er sca e C~. ooden cubicle picture frame C,.r am z.w~~-. ~~l~c Electric poupuri warmer shower radio Zip Pte, Bible Remaining clothes, coats and jackets Birth certificate Title to the accord Most of these items are not marital properly. Mrs. Goughenour would be able to keep the remaining items. . This proposal seems to be in accord with the discussions that we had with Mr. Ellicker. If this proposal is unacceptable to your client, let me know what you would be willing to stipulate to for the hearing. i , Your immediate attention to this matter is appreciated. ;~ P.S. Let me know if Mr: Leister's bill for $600.00. is the total for us to split (thus my client would owe $300.00) or is it my clients half. MLM/ Enclosures Cc: John Goughenour Very truly yours, t THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING 8 S. Hanover Street CAMP HILL, PENNSYLVANIA 17011 932 N. Second Street Carlisle, PA 17013 (717) 763-1800 FAX (717) 763-4247 Harrisburg, PA 17102 (717)249-6971 1-800-822-4-LAW (717)232-7747 Patrick F. Lauer, Jr„ Esq," Marlin L. Markley, Esq. Reply to Camp Hill Address Joseph D. Caraciolo, Esq. www.dui-na.com July 30, 2004 P. Richard Wagner, Esquire 2233 North Eront Street Harrisburg, PA 17110 RE: Goughenoui: v. Goughenour, Divorce Deaz Richard: I reviewed with Mr. Goughenour our pre-trial conference. He is willing to settle all issues related to this divorce for the following: $105,000.001ump sum payment Leather rocker recliner Three piece picture in family room Large glass vase I dining room hutch Cloth wreath made by his mother Small four piece Asian picture Video Tapes (Slapshot & Prefontaine) Ten speed bike Health meter scale Wooden cubicle picture frame Electric poupuri warmer Shower radio Bible Remaining clothes, coats and jackets Mr. Goughenour is willing to waive his right to any remaining household goods and to any portion of Ms. Goughenour's pension for her waiving any rights that she may have in his pension or to alimony. Please review this offer with your client and let me know if we are able to settle this matter. Very truly E qu>ie MLM/ Ca John Goughenour ' Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy r JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CNIL ACTION -LAW IN DNORCE 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 aze warned that if you fail to do so, the. case may proceed without you, and a decree of divorce or annuhnent maybe entered against you by the court. A judgment may also be entered against you for any other claim or relief requested uz these papers by the Plaintiff. You may lose money or property or other rights important you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request mamage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE ~'HE 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 THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1 hJ r- ~ ~J ~- ~I .., ~' f,_ --~ 1: f-' LT ~_ fl;~ / W C7~? r - ~~, I:.3 ~ ~ _°~ _`._ 1 ,"t` :,, ~ ,-. -~ , ~j "(-- t~J ~=i~(i ~~ f.i} Gri -<: ~.a ... ~. . _ ... ra.,.. f JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5451 Civil BAC T. GOUGHENOUR :CIVIL ACTION -LAW Defendant : IN DIVORCE AND NOW, comes the Plaintiff, John E. Goughenour, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, and files the following Petition for Counsel Fees: The Plaintiff, John E. Goughenour, is an adult individual who currently resides at 4181 Elk Court, Apartment 101, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Bac T. Goughenour, is an adult individual who currently resides at 6107 Haymazket Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. C'nUNT V - PT,ATNTTFF°C C(1TTNRF.T. FFF.C 3. Petitioner/Plaintiffincorporates the allegations of paragraphs one (1) through two (2) by reference as if set forth at length herein. 4. Plaintiff avers that throughout the course of this litigation Defendant's conduct has been dilatory, obdurate, and vexatious as a result Plaintiffhas incurred counsel fees. WHEREFORE, Plaintiff, John E. Goughenour, respectfully requests this Honorable Court to direct the Defendant to pay the counsel fees of the Plaintiff: Respectfully Date: ~ Z ~~~v¢ A+fazlin L~azkley, Esquire Law Offi es of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5451 Civil BAC T. GOUGHENOUR :CIVIL ACTION -LAW Defendant : IN DIVORCE I verify that the statements made in this Petition for Counsel Fees are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ~ ~ ~ 'Signature: O ,~ ~~-- - - John E. u enour r JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5451 Civil BAC T. GOUGHENOUR :CIVIL ACTION -LAW Defendant : IN DIVORCE I, Marlin L. Markley, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Petition for Counsel Fees upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisbwg, PA 17110 Date: -~~-~~ Marlr<iMarkley, Esquire 2108 ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84'145 Tel. (717) 763-1800 f JOHN E. GOUGHENOUR, Plaintiff, v. BAC T. GOUGHENOUR Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 01-5451 CIVIL ACTION -LAW IN DIVORCE ANSWER TO DIVORCE COMPLAINT WITH COUNTER .LAIN AND NOW, comes the Defendant, Bac T. Goughenour, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Answer to the Divorce Complaint: COUNT I -DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. r 11. Admitted. COUNT II -EQUITABLE DISTRIBUTION 12. Admitted. 13. Admitted. 14. Admitted. COUNT III -ALIMONY 15. Answers to Paragraphs 1 - 14 incorporated and hereby referenced. 16. Plaintiff has sufficient funds, and the Defendant is in need of Alimony. WHEREFORE, Defendant requests the Court to order Plaintiff pay Alimony unto the Defendant. COUNT IV -COUNSEL FEES 17. Answers to Paragraphs 1 - 16 incorporated and hereby referenced. 18. Defendant does not have sufficient funds in order to defend the Divorce Action and therefore requests the Court to direct that she be reimbursed counsel fees. -2- WHEREFORE, Defendant requests the Court to direct the Plaintiff to pay the counsel fees of the Defendant. Respectfiilly submitted, Mancke, Wagner & Spreha P. Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717)234-7051 Attorneys-for Defendant Date: September 23, 2003 -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~~~ °~0 ~ X60.3 _ _ ~ .~ CERTIFICATE OF SERVICE I, P. Richard Wagner, of MANCKE, WAGNER, and SPREHA, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: Marvin L. Markley, Esquire 2108 Market Street Camp Hill, PA 17011 icha Wagner, --E's~qu~e MANCKE, WAGNER, & SPREHA 2233 North Front Street Harrisburg, PA 17110 Attorneys for Defendant DATE: September 24, 2003 F... as,e ev .#:Ft;k - ,.,. ,_ . ~ . .. •.:,.: -"::~+^.b Yr'23litrAM ~.a~,yyY. rLd4xS M,.,4e...'~:. ~~»'?i~.de+tl:M+npH~Kf~."- . .. _.. .. _ ... . _ s,' pp\ !" W R °'~ ^~ (- V I C ,,.. U~7 ~1"Il ~': ~~'. U++x ' { ~r -? .~ eas '.o ' ''i nJ ~ L7 "FJ _~: ra t/ _.~ ~.` ~" _i~ -~ i _~~ i ~i r 'J rj rn ?J -~: /~JI` ~- y~IJ JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. BAC T. GOUGHENOUR Defendant. NO: 01-5451 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT I. FACTS: 1. The wife resides 6107 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylania, and is employed at the Nay Depot as an analysist. 2. The parties separated September 7, 2001. 3. Husband works at Highmark as a manager. 4. The parties are the parents of two (2) children, Bethany and John, each of whom are emancipated. 5. There is currently in place a Support Order dated Apri123, 2003, wherein the Husband's income was determined to be $4,842.00 per month, and the Wife's income at $3,484.00 per month. 6. Husband pays $543.00 per month in spousal support, plus 40% of all bonuses received from his place of employment. II. ASSETS: 7. The parties own the marital home in which Wife has been residing. An appraisal on May 19, 2004, by Mr. Koppenhaver indicated the value to be $196,700.00. 8. There is a mortgage on the property. 9. The parties own a 1990 Toyota Camry with a current value of $2,500.00, and a 1998 Hundai that was in an automobile accident and has no value. 10. The parties also have a 2000 Honda Civic which was originally tided to the daughter, Bethany, and then transferred to Wife. 1 L Wife has a pension plan through the Federal Employee Retirement System and a Thrift Plan as more fully set out in her Answers to Interrogatories. 12. There are modest checking and savings accounts at Members 1~. III. WITNESSE&: 13. Wife anticipates calling herself as a witness and reserves the right to call an expert if necessary. -2- IV. WI +E'S INCOME: 14. Wife's income is more fully set out in the support documents which are incorporated herein by reference. V. PROPOSED RESOLUTION: Wife proposes a 55145 split in her favor since Husband makes a greater income. Respectfully submitted, Mancke, Wagner & Spreha By agner, Esquire . . #23103 2233 North Front Street Harrisburg, PA 17110 (717)234-7051 Attorneys for Wife Date: /101 D~{ -3- THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 763-1800 FAX (717) 763-4247 Satellite Office: Marlin L. Markley, Esq.** Reply to Camp Hill Address 8 S. Hanover Street Joseph D. Caraciolo, Esq. Carlisle, PA 17013 1-800-822-4-LAW ,Ha~_ ~„ www dni-pa rnm March 24, 2005 E. Robert Elicker, II, Esquire 9 N. Hanover Street Carlisle, PA 17013 RE: Goughenour v. Goughenour, No. 01-5451 Civil Divorce Dear Mr. Ellicker: Enclosed is Plaintiff, Husband's, spreadsheet regarding the marital estate and claims. I have included footnotes and break down of our requested distribution. If you have any questions or concerns, please do not hesitate to contact me. I appreciate the attention that you have given this matter. lire MLM/ Co: John Goughenour P.Richard Wagner, Esq. (via fax) *Board Certified as a Criminal Trial Advocate by the National Board of Trial Advocacy. **Member: National Association of Criminal Defense Lawyers Very truly yours, JOHN E. GOUGHENOUR v. BAC T. GOUGLIENOUR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. O1 - 5451 IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: John E. Goughenour Marlin L. Markley, Jr. Bac T. Goughenour P. Richard Wagner Plaintiff Counsel for Plaintiff Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 16th day of _ November 2004 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Date of Order and Notice: 7/30/Qa By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 JOHN E. GOUGHENOUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW N0. O1 - 5451 CIVIL BAC T. GOUGHENOUR, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Marlin L. Markley, Jr John E. Goughenour , Counsel for Plaintiff Plaintiff P. Richard Wagner Bac T. Goughenour Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 29th day of September 2004, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II July 30, 2004 Divorce Master ~. i JOHN E. GOUGHENOUR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW N0. O1 - 5451 CIVIL BAC T. GOUGHENOUR, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Marlin L. Markley P. Richard Wagner Attorney for Plaintiff Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 30th day of July 2004, 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: 6/30/04 E. Robert Elicker, II Divorce Master n~~~ THE LAW OFFICES OF PATRICK F. LAUER, JR., L.L.C. 2108 MARKET STREET, AZTEC BUILDING S S. Hanover Street CAMP HILL, PENNSYLVANIA 17011 932 N. Second Street Carlisle, PA 17013 (717) 763-1800 FAX (717) 763-4247 Harrisburg, PA 17102 (717) 249-6971 1-500-822-4-LAW (717)232-7747 Patrick F. Lauer, Jr., Esq.` Marlin L. Markley, Esq. Reply to Camp Hill Address Joseph D. Caraciolo, Esq. www.dui-na.com June 1, 2004 E. Robert Elicker, II, Esquire 9 N. Hanover Street Carlisle, PA 17013 RE: Goughenour v. Goughenour, No. 01-5451 Civil Divorce Dear Mr. Ellicker: Except far updated income information I believe discovery has concluded for the above- referenced case. Therefore, I am requesting that you issue pretrial directives for pretrial statements regarding this case. I appreciate your attention with this matter. In the meantime, if you have any questions or concerns, please do not hesitate to contact me. MLM/ Co; John Goughenour P. Richard Wagner, Esq. * Board Certified as a Criminal Triad Advocate by the National Board of Trial Advocacy LAW OFFICES JOHN B. MANCKE P. RICHARD WAGNER EDWPRD F. SPREHA, JR. MANCKE, WAGNER & SPREHA 2233 NORTH FRONT STREET HARRISBURG, PA 17110 September 19, 2003 Mr. Bob Flicker Divorce Master 13 N. Hanover Street Carlisle, PA 17013 RE: Goughenour v. Goughenour Dear Mr. Flicker: Enclosed herein please find my Certification. PRW/rmh PHONE 017) 2347051 FAX (717) 2347080 Enclosure cc: Marlin Markley BAC T. C{OOt~ ^r=: £'H+~'a~i"Sin"i? "•',ti~ ) OtderNimuber" i .::~~: Oo934., 5.,2001 . vs. ~ ) PACSFSCaseNumber s~a1o39a1 JOHN E. GOIIGHENOIIR )Docket Number 00934 3 2001 Defendant )Other State ID Number ORDER OF COURT Q Final ®Interim ~ Modified AND NOW, 23RD DAY OF APRIL, zoos ,based upon the Court's determination that the Payee's monthly net income is $ 34s3.76 and the Payor's monthly net income is $ 4 , a41. as , it is hereby ordered that the Payor pay to the Pennsylvania State Collection and Disbursement Unit FIVE HIINDRED FORTY THREB AND XX/100 Dollars {$ s43 . oo } a month payable axwEEXLY as follows: fast payment due NEXT MODIFIED WAGE ATTACHED PAYMENT. The effective date of the order is oz/z4/o3 , Arrears set at $ eas.3z as of APRIL 23, zoos are due in full IMMEDIATELY. All terms of this Order are subject to collection and/or enforcement by contempt proceedings, credit bureau reporting, tax refund offset certification, driver's license revocation, and the freeze and seize of financial assets. These enforcement/collection mechanisms will not be initiated as long as obligor does not owe overdue support. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all the means listed above. For the Support of: Name Bi t BAC THI GOUGHENOIIR 06/19/58 !. Form OE518 Service Type M Worker ID 21005 THE LAW OFFICES OF PATRICK F. LAVER, 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PENNSYLVANIA 17011 Patrick F. Lauer, Jr., Esq.* (717) 765-1500 FAX (717) 768x1247 Marlin L. Markley, Esq.*• Reply to Camp Hill Address Joseph D. Caraoiolo, Eaq. 1-ROO..fi29.~T.AW January 17, 2005 ~. P. Itichazd Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 I2E: Goughenour v. Goughenour, Divorce Dear 12ichazd: Satellite Office: 8 S. Hanover Street Carlisle, PA 17013 mmv. d.~m ~1 ~~ r_ ~~ Without regazd to the personal property I list the Goughenours assets as follows: $196,000 92,897 79,945 / ~ ~ K, 126,748 82,655 2,331 3,445 a'n43 $588,064 marital residence (as of appraisal's) John's pension (as of 9/7/01) Bac's pension (as of 9/7/01) John's 401k (as of 9/6/01) Bac's thrift savings plan (as of 9/30/01) Citizens mutual fund [formerly Dreyfus] (as of 12/31/04) Members 15` checking (as of 9/7/01) e; Se ~~, w Members 1St savings (as of 9!7/01) [~t 3, ~ y 588,064 x .55 = $323,435.20 (Mrs. Goughenour's shaze of the above marital propertyl 588,064 x .45 = $264,628.80 (Mr. Goughenour's share of the above marital propert}lj, add to Mr: Goughenour's share $22,912.50 for rental value of the marital property calculated as follows: $1,275 monthly rental value x 41 months (9/7/01 thru 2/7/05) _ $52,275 - $6,450 (Mrs. Goughenour paid the taxes for 2002, 2003, and 2004) _ $45,825 _ 2 = $22,912.50. This brings Mr. Goughenour's sh~re~o $287,54130. ~ L.,.._. Mr: Goughenour already~~posesses $2,J:9;645~00 (hisi~ ion and 401k) of the estate. Therefore, Mrs. Goughenour would need ay $67,846.30 oyx4~ to Mr. Goughenour. JR., L.L.C. *Board Certified as a Criminal Trial Advocate by the National Board ojTrial Advocacy. •*'~Member: National Association ojCrtminal Dejenre Lawyers LqW OFFICES JOHN B. MANCKE P. RICHARD WAGNER EDWARD F SPREHA, JR. MANCKE, WAGNER &SPREHA 2233 NORTH FRONT STREET HARRISBURG, PA 1]110 PHONE 01]7 234]051 FAX O7~ 294]080 January 21, 2005 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Goughenour Dear Mr. Elicker: The above-captioned Master's hearing is scheduled at 9:00 a.m. on February 10, 2005, at which time there is also a license suspension appeal hearing scheduled in Cumberland County Court. I would expect to be done with the license suspension appeal hearing at approximately 10:00 to 10:15, and would respectfully request the Goughenour matter be continued until 10:30 a.m. to avoid a conflict. Your attention and understanding is appreciated. Wagner PRW/dks cc: Marlin L. Markley, Esq. Ms. Bac Goughenour JOHN E. GOUGHENOUR, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. O1 - 5451 CIVIL BAC T. GOUGHENOUR, Defendant IN DIVORCE T0: Marlin L. Markley P. Richard Wagner Attorney for Plaintiff Attorney for Defendant DATE: Thursday, September 18, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. V'G ~v QS 0~ /hAr, ~ l ~rd~~ / ... (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. /9~~OinGr /rave COrP<,/~ls..G~~~` O,iLdL art L- /7u 4/ A ~~~ (~sr~ ~ ~vOil~G mVf G~sixr,f. ~ - G -1 vo3 ~ -- DATE CO L FOR PLAINTIFF ( ~~ COU SEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY I5 NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~ ~ JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. O1 - 5451 CIVIL IN DIVORCE TO: Marlin L. Markley P. Richard Wagner Attorney for Plaintiff Attorney for Defendant DATE: Thursday, September 18, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ~~ ~ ~ o,~ DATE / COUNSE PLAINTIFF ( ) EL FOR DEFENDANT (,~~ NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ..- JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW 1N DIVORCE 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 aze warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment maybe 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 you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01-5451 Civil BAC T. GOUGHENOUR :CIVIL ACTION -LAW Defendant : IN DIVORCE AND NOW, comes the Plaintiff, John E. Goughenour, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC, and files the following Petition for Counsel Fees: The Plaintiff, John E. Goughenour, is an adult individual who currently resides at 4181 Elk Court, Apartment 101, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Bac T. Goughenour, is an adult individual who currently resides at 6107 Haymazket Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. (''nTTNT V - PT,AiNTT1+T+'S C'nTTNCF.T, FF'FC Petitioner/Plaintiff incorporates the allegations of paragraphs one (1) through two (2) by reference as if set forth at length herein. 4. Plaintiff avers that throughout the course of this litigation Defendant's conduct has been dilatory, obdurate, and vexatious as a result Plaintiff has incurred counsel fees. WHEREFORE, Plaintiff, John E. Goughenour, respectfully requests this Honorable Court to direct the Defendant to pay the counsel fees of the Plaintiff. Respectfully Date: ' , ~ " ~G~¢ lkfazlin azkley, Esquire Law Offi es of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 .~, _ _~ JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE VFRiFTCATinN I verify that the statements made in this Petition for Counsel Fees are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: _ ~ ~ Signah~re~ C/-~ John E. ou enour .,~~ _~ ~..~_,~.._._u___ .~. ~,~ . ti JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01-5451 Civil BAC T. GOUGHENOUR :CIVIL ACTION -LAW Defendant : IN DIVORCE I, Marlin L. Mazkley, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Petition for Counsel Fees upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Date: (/ _~~~7,bD PGlarli~i Markley, Esquire 2108 ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ,. s,e.. ~ sa ~ _vti°a~ n'3 x v. w:..;rx.N+~k~'a~ls <~,me~s~.ad4uw.~s ~_•'" _ ~ "`~`"~"' ~ Yti ~~ e_> l7 __ t~ C m S T ___ ~ nl Ca? -~'~ - Cb !_7 `f ICJ _ - e.._ ft!-j ' ' ~ i ;` j! f ~.~ ~ C,, t "~ C., ~~ JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5451 Civil BAC T. GOUGHENOUR CIVIL ACTION -LAW Defendant : IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT PER_Pa. R.C.P. RULE 1920.33 (b) (1)(i) Marital Assets: See the Inventory submitted by the Plaintiff per Pa.R.C.P. Rule 1920.33 (a) and filed as of record for a list of the marital assets, their value, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon (Exhibt "A"). (1)(ii) Non-Marital Assets: See the Inventory submitted by the Plaintiff per Pa.R.C.P. Rule 1920.33 (a) and filed as of record for a list of the' marital assets, their value, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon (Exhibit "A"). (2) Expert Testimony: E.J. Koppenhaver, 2116 Southpoint Drive, Suite B, Hummelstown, PA 17036. Residential Appraisal report of E.J. Koppenhaver is attached (Exhibit "B"). Witness will provide testimony regarding the value of the marital residence ($196,700.00). Carlea M. Lenker of Howard Hanna Detweiler Realty, 3310 Market Street, Camp Hill, PA 17011. Letter regarding value and witness qualifications is attached. (Exhibit "C"). Witness will provide testimony regarding the rental value of the marital residence (between $1,195.00 and $1,295.00 per month). Plaintiff does reserve the right to call additional expert witnesses upon notice to the defendant. (3) Witnesses: At this time Plaintiff only intends to call the parties as witnesses. Plaintiff does reserve the right to call additional non-expert witnesses upon notice to the defendant. (4) Exhibits: .Plaintiff reserves the right to enter the following exhibits: (A) Statements regarding the value of accounts. (5) Plaintiff's Income: See attached Income and Expense Statement (Exhibit "D"). (6) Plaintiff's ExAenses: See attached Plaintiff's Income and Expense statement (Exhibit "D"). (7) Pension and Retirement Benefits: Information and values for Highmark Retirement plan and 401k are attached (Exhibit ~.E,.) . (8) Attorney's Fees: A count requesting attorney fee's on behalf of the Plaintiff is being filed simultaneously with this document. Plaintiff avers that defendant's conduct has been dilatory, obdurate and vexatious. As a result of defendant's behavior Plaintiff has incurred counsel fees. Total counsel fees incurred by Plaintiff as of May 31, 2004, equal $1,995.00 (Exhibit .. F..) . (9) Tangible Personalty Valuation: At this time, despite counsel for the plaintiff's good faith effort to negotiate a possible settlement of this issue, the defendant has remained unresponsive. Plaintiff is requesting the tangible personal property be equitably distributed. (10) Marital Debts: Marital debts were divided at support conference. At this time there does not appear to be a dispute concerning marital debts. (il) Summary of Special Issues of Interest: The Plaintiff respectfully submits the following special issues to the attention of the Court: The parties separated on September 7, 2001. Since that time wife has had exclusive possession of the marital residence with no mortgage obligation. Plaintiff requests an award of rental value. (12) Proposed Resolution of the Economic Issues: Plaintiff proposes a 50/50 split of all marital assets and rental value for the time that defendant is in exclusive possession of the marital residence. Re Date: ~ 2 ~ - Z ~cJS` submitted, 1vlarli~Markley, Esquire 2108 ket Street, Aztec Building Camp ill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 JOHN E. GOUGHENOUR, Plaintiff vs. BAC T.GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, John E. Goughenour, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Pretrial Statement are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. § 4940. ,~".~,~ /fiohn E. g our Date: ~-~~ ~y JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01-5451 Civil BAC T. GOUGHENOUR :CIVIL ACTION -LAW Defendant : IN DIVORCE I, Marlin L. Markley, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Pretrial Statement upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 Date: ~^ z4'.ZGO~ ~+Iarlin L.-IVI kley, Esquire 2108 Mark Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION --LAW IN DIVORCE Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies: that the statements made in this inventory are true and correct. Plaintiff understands that°false statements herein aze made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. ~y/~° ~~. John E. Go eno (~ 1. Real property (~/j 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options (r) 4. Certificates of deposit (,/) 5. Checking accounts, cash (,~ 6. Savings accounts, money mazket and savings certificates { ) 7. Contents of safe deposit box ( ) 8. Trusts (~j 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/awazd ( ) 17. Profit sharing plans (;/) 18. Pension plans (indicate employee contribution and date plan vests) (~f 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disabilirypayments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits (~ 24. Debts due, including loans, mortgages held ( r/f 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description NnmhPr of p ~ ~eAl ceslpTt. ~ f'g~l //c'+4ir Rerced gfo T°Yc-rA ~'~'~ ~vAO ~,Nrla CiJdC. ty (~QeT.~CaTor a~~AP~:~f ~ ~p,rr!sr f>tec~~~ ~acz dpl~e c,~s~ /~SJ„~ ~p~,.~ ~Pr~pC"i G i P R.r rs Names of All nwnerc T,W £ p,~ B.x T Gd~s~e,~dµ ~ y-~~ ~foo ~p~o~p~red !3y ir•T ~(~Pp2an.~e2 or/°y 'c1l(~ £ ~'7c~E~e.-~~ jjrtc T. C~o~fc<er~,i~.c /Cf/v~ ~ /A~ /J.~L I. ~+fiP,eCw z1 (-rC4~L%Q~(o ~w~ ~ p„El ~j3a 7ti% ~' tij'~~'`"„~ ~0~~ ~ ~dJS'l1PnIdJ/{- /~/~ 4.T~ ^U ( S-~~ ,ort,A.~r d f9 %oL / ~ ~~~'N/~ lD b~1'~'~ ~ r~ ~ti~ /s'y, aiG. Yl ~ ~.~t ~s~ ;a< r~ ,.tea ~.,s °<. NQ~ „% d Ad £ CTS ~J/c%E.~ ou< !i ~Y ~~ brs "AJe 'i3,.~w ore 3,~0 n ~A7~er ~v0 /(_IRL~~Carv /(y~Un7SC ~~'1373~ C~,.J ~ 17p,/. a.L ...~.N. ~~ OIL", o':. TCSkrI ~_ Qt7J~~P.,krw~ IY~ep~ ~ NJM ID'S 3, /~ &j /U ^ /'~ /°lJd CaC' ^ 93 pmt ,JJf NPpI.~ /3~¢ as ~l~s~~al~ (~R,~ry(r,~yf ~. PPR,Sd~ aC Z' fe,„s 'Veep F2ertP~ ~l i,J~.~y /tmn T ,9/e w: tai .F~ C'/wr :r ~` l~TC(~ P~An10 /fit~~ TAQ~~ ~, v~A~~ /''~,ceo~-use o~~w l~aFR,SE/tPT~2/ Fi~ee~Z-~iC ~PSArir. / 7~~ y prc. ~~v~ a;s~~,pstieR• < p.aPS SCR s co~F~~. r,~a~~ / ~c~.Je SeA t r ~ntc.r~d. p~zr, P~~ t.,saP l ~eP'fh-eti l~lec/~P~ Reeli,uP.t ~TdI.J F ,a••.ei /~ioC T. CS~,~~it..i~, ~ ~tr/fle ~/e/ SeTs . ~f . ~'e~2JiSiaJ,( ~ ~/.e,;,e o.--2.v~ 7~e ~2/2/~Siurr~ d U CR `d I U iCre() Cam cu.r!~2e y ris;rQ~ ~rcTvRe; i Ste.ceo SysTf,~.r `a ~' ~rer2 P:cT~irs / (~oMP/Iray ~,c„/rP2 ~P~Sa~F~_ TEv„u ~jv~.J ~ ~j-o c~tiPn/cxcrc. j.o,.J ~.eA /~r/CQ G•FE ~ir ~/d%/r,9t. / crag llrK d,~-a /~• F~ p ~,Ffs G~d,y f~ /oy~sr ' ~ Peo-Pa. r'/uie Get ~~.t',~:- oZ 3 Pi ere /•rTv iPS ~ C~oT/i a/Re~7/i /~7ixir! '3~ ~7aJ~- ,~,,,g¢ 6'/.+rr JArz a.. /r,~ /py ~.~e2 Pay- cJrc(Ce,z l/cc/C ~j'r/•W ~ C/ASJ~+rwie /-/2 I!/!~'~i.s Nrp~t~ ~ek~ score G,~ ~~ ~p~~ f./QCt2~c ~~Jf /°A^' Gr.~v.J l~y G,t.4.A•..~~-c Cl~l7.[i? ,~~rr Gr/.,~ ay ~u~rr~Tr euaxie~ C~,A~c/g P(ct~./er~Mrr CS-r,1tu ijy ~rF.L C~i.e/raT•nR/s t•lP(%2ii ~o ~Po/Fr uJ,gri'~•rL Ci-r~r.~ 7Iy ('o-uxl~,(Pe `~+2 ~~1Rr srM.u' Sow-rz K,~•r„ a-•F~ /G/op ~Ro7~,Pie J i <lru TAI~'3 u~edd.~ ~lp~M /~Jla~ TfF ~dT 2;/I~e ~;,2ih C'e2i F~ATc fly Ta /~,,,,d,,. -/ µS~aP s~(o T / d'JTP/J GIPc/~;~/s o-,fE F~.~M ~A/P..iT (}; f~ L/dom. ~i~.~Tr a6. v 7~ ~ ~' ~P o~ ~, T ~P ~,rs-~ ~fa/ a~ ~ :~~~ ~prti ~,``s e. v ~~,~ ¢ ~r ;t (~ ~ ire 1 ~ r NnN-MARTTAT, PRnPF.RTY aE C ~ pt ~ Plaintiff lists all property in which a spouse has a legal or equitable interest which is /~ ~ claimed to be excluded from marital property: ~~ Item Description I~lumhher nf~CiP p~~,~, iG~ ~o J~^'fJ vQrCv J~F (1 ~ / ~j~ F~ wa7 ~~CJC. .~oYv (1 ~ 4'~/ ilr~ /tn~J 7)i;~,~ iript ~ ~ y nj~+, it / Sr.pd /~ C avt~ ~ ~~~ piAye2 Reason for Fxchiainn ~~ r ~u/f4 2 ~/~y a ~a ~p61' ~,F~i_,z ~P~~a,a i~ ~.~ Item Description Diumher nfPrngert3c ~~) aaoa f/o,.~dd C; ~, c Date of TrancfPr /-O~ ~-03 Person Consid- to Whom psytjpn /7T~rancferrerl {JNJ J/~ f P: 2 Wi/~ Item IY1lm Description hec of pry Names of all C reditnra Names of All l~ehtnra a.c~/ '~6Ta 1~ /nen~%`r !s~ '/3,a: (icxx~,..v<wc ~j ~YS- a'9 ~ Seo~S ~pc Go/~(e-ES..e r.3/o• rte/ ie'<t~wQi'S-~/st. /Jnc (Jo.~/.<~<y...... '6~ 5~..1S. 7v ~ t/ ~ rr+ ,jcl/.J (}eft:--°^ s-~ STFd.7 ~ I L ern 'J7i~~y .Ja,~ ~~ 6~~ Pie ~ '~, 3 ~.% SY '~~efe o%~T l...r,.~ ~%~.d.d ~t ~--~,~~r,~ 2=~Ar<,rr .~e4,~.~ .~- w,~ Pss~~,.~ ~~.r~,Jr, ~ ~ {Y ~iL ~~ . ~~, ,ore ~p•~/ eft ®rL i" et~ia ~:~ SAC G~kh.~ ~, ~p~ ~y s spp:d ~6~. ~: ~w T p.<lr 7~.ir ~'1prTt= C'v~c~ %l~.C~~r,~a.k si 5so, JJ RESIDENTIAL APPRAISAL REPORT APPRAISALS BY E.J. KOPPENHAVER xProperry tocatl uvirunor. - rno~r ~<' 6107 HAYMARKET WAY Book-33L Page-213 Mechanicsburg, PA 17050.5211 Goughanour, John E. 8 Bac Thi Law tN6ce of Paaick F Lauer Jr. Atl: Marlin Markley Camp Hill, PA 17011 5/19/2004 E. J. Koppenhaver ® 211fi Boumpoint Dnve Suite B Hummelslown, PA 17036 Phone 717 563 0306 Fax 717 SB3 0294 Form fiA7 -TOTAL fa Wndaws' appraisal sollware by a g mode, Inc.-1-800-AIAMODE E.J. KOPDeMarer Appraleale try E. J. Kappenhaver 2118 Soumpoint Orlve Suite e Hummelatown, PA 17038 phone: 717-583-0306 Law Ofice of Patrtck F Lauer Jr. qd: Martin Markley Camp Hill, PA 17011 Re: Property: 6107 HAYMARKET WAV Mechaniaburg, PA 17050-5211 Bonower Gcughenour, John E. & Bec Thi File Ne.: 0405121e In accordance wigs your request, we have appraised the above referenced preperty. The report of Nat apprisal is adachetl. The purpose of this appraisal is to estlmate the market value of the property desaibetl in this appraisal report, as improved, in unencumberetl fee simple title of ownership. This reDOrt is basetl on a physical analysis of me site and improvements, a IocaOOnel analysis of the neighbomood and city, and an economic analysis of me market for properties such as the subject The appraisal was developed end the report was prepared in accordance with the Uniform Standards of Professional App2isal Practice. The value conclusions reported areas of the eBecOVe date statetl in the body of the report and wntlngent upon the certification antl 8mi8ng cond8ions attachetl. It has been a pleasure W assist you. Please tlo not hes8ate to contaq any of our staR'rf we can be oFatltliOOnal service to You. For Ne firm, --T E. o ver SUMMARY OF SALIENT FEATURES $ublecl Addles 6107 HAYMARKET WAY Legal Oescdptlon Book -33L Page-213 City Mechanicsburg Caumy Cumberland Slate PA lip Code 17060.6211 Census Tract a20a1-0113.02-8 MaP Belerenu ADC 72200/ 19-8-1 Sale Price E Na Date of Sale N/A 6ormwer/ Clkn[ Goughenour, John E. 8 eac Thi Len~r Law Office of Patrick F Lauer Jr. $be (Square Feet( 2,224 Price per Spuare Foot S 66.44 Locatlan Average Age 16 CondilDn Average Total6aBns 8 ~ ' Bed~ms 4 baths 2.1 Appraiser E. J. Koppenhaver OatE of Appraised Value 5/192004 Rnal Estimate al Value S 196,700 Fam SSD-'TOTAL forWlndews' appnlsal soRxara a/ a h made, Inc. - i-E00•AIAMODE wn~~ -- - - 0z• µµ -,..,.rl r E.J. Koppenhaver Fl~ Summary Ayprafsal Report - 0405121a Fyomde0eudsBen UNIFORM RESIDENTIAL APPRAISAL REPORT nru„ un<lar. A 8107 HAYMARKET WAY - Mechanicabd pA 17050.5211 L al do Baok -33L Pa a -213 Cum Rend IN 10-19-1804-331 i Ye 2004 A T 2 150.00 0.00 Garrower Gou honour John E. 8 Bac Thi Cu m Owner Gou honour Jonn E. &Bac Thi Ca ant a Tm . : P a sm. Fee Sim N Le hold Pro T e P D Cmdd' Ihium Abn HOA' WA ' Nel h Nam' Ham den Townshi ' a n ADC 72200/ 19-5-1 42041-0113.02-9 M P' Na Date a WA I N/A Law Office of Patrick F Lauer Jr. A Att: MaRln Markle 2106 MarKe Sheet Cam Hill PA 17011 A Isar E. J. Ko enhever Address 2118 Sc uth dint DRVai3uite B Hummelslowh PA 17038 Lacatlon Urban SuhuNall Aural PredomllrM nA e Preeea 4nd'me% IaMIWCMnge Guilt up ®Over75% ^ 25-75% ^ Under 25% xcyiemy ~pp) ~i One famgy 70 ®Nat lkey ^ Lgrey GrowN rote ^ flapid ®$tahle ^ Sbw ®Owner 90 Lax New 2-4lamdy ^ In paces ProDery values ®IMmasing ^ Stable ^ Declining ^ Tenaa 300 25 MuM-tamiry Ta: Demanysuppy ®Shorhge ^ In balance ^ Over wppy ®Vawm (0.5%) Predominam Commercial 30 Markets tl Under 3fi mos. Over 8 m s. V r % 200 18 Matz pace one tae reeler eompoealao of Ms nelphbpmooe are not appraisal lectors. NeighhoRmod boundaries and charscteriwcs: The net hborhootl is bountled on the east b Sk rt Roatl on the west b Salem Church Road on the north b Ste hens Crossl on me south Route 11. x Factors tlM afieaae markaabiltty of the preperties in Ne neiAhbomood (prmdmiy W employment and amenifies, emplaymea srshiay appeal a nadW ac.): ~y , , . MSA #3240. The s b'ect isioaated in Ham den Townshi Cumberland Coun PA. The nei hhomootl Is cum Deed of a mm atible blend of '~ sin le femil detached antl attached homes in me medium Rce ran e. Thera are severe) la a em to ors located nearh and it is an ea wmmute to the oNer la a em to ant centers of the reatar metro titan area. All amenities and ma'or trafic arteries are con enient to Na sub'ed ro e Mania COIIaAOns in tla sublea neighbamaad Qncludlig supPOR forthe above canclusians rebted to the trend at property vaues, demaMrsuppy, aM madcwng time - such as daaan tompefifive properfies for sale in the Miphhorhood, destriptbn a Ne prevaknca a sales and financing wncessbns, etc.): Generel markean conditions in the area are rated as and as of the date of this a ralsal. 7 ical loan discounts In the area are one to three iota and are enerell aid b the bu ar w9h no artlci a5on hum the seller. PmkalMamu11on1orPU0s(N aPPlicabie)--IS the develoPerNuiMerin conbalaNe Home Owners'ASSaiaaon (HOA)7 Yes Na t : ADpodmate toW numberaunhs in the subleaprejea Approximate teal numhera oohs for sak in the suhlea project D Rbe common atom n acreafional facilKies: OMensians 80 x 140:32 x 11.82 x 118.06 x 125 TbpoAreph/ Basical Level $Ke area 13.899 SaFt Comer Lot ^ Yes ®No Size Avera e Specific zoningclassificafian and descripfion P-R-D Planned Residential Develoament Shape I ular Zoning complWCe ®Lega ^ Legal noncomorming (G2ndtaNued use) ^ Dlega ^ No inning DFWmga Atle uate I Presem use ON rue n tai View Avera e Utllltles Puhlis ONer ON-Rtelmprovaments Type Pubhc PrivaN LandscapinA Avem e Fl¢Ctriciy ® $ma Asphalt ® ^ Driveway Sudate As halt - Gas ® CuRVglmer Concrete ^ ® Apparem easemems Standard utlll Water ® Sidexalk Concrete ^ ® FEMA Specie Flood Hazard Area ^ Yes ®No Sanhary sewer ® SmaSghts Mercury Vaoor ® ^ FEMA ZOnE X Map Dae 1/5/1996 Stem None H:MA No. 42036000100 Commems (apparem adverse easeme~s, encroaghmmts, special assessmems, slide areas, illegal ar legal nancankmeng zoning use, etc.): There are no a anent easements encroachments or oNer ra ditlons that would have an adverse effect an the marketabil' of the sub'ect e GENERAL DESC8IPTION EXTERIOR DESCRIPTION FOUNDATION MSEMENT INSULATION No. a UnBS One Foundation Concrete Slab N/A Area Sq. FL 1 080.00 pool ^ ^ No. of Stories Two FMPriorWags BdckBAlum Crawl SDace-6% %Anished 0 CeYiig® Type (OaJAtt) Detached flout SuRace As haltShin Bawmem 94% Cediiq Joists WaGv _® , Design (Style) 2Sto GWrers 8 Dwnspa. Aluminum Sump Pump Yes- Walls Concrete Floor F)dsAngNropued Fxistin Window Type DoubleHUn Dampness None Noted Floor Concrete Nave ~ ^ Age (Yrs.) 16 StamVScrems Th rmo arse SeWement None Noted OuBide Enpy No Wkiaw7_- ^ ENecNre A rs. 12 ManulacWred House No Inf radon None Noted : , ROOMS F r ' n Dinin hen D n F aml Rm. Rec. Am. Bedrooms # Baths LauM a Area . FL Basemem 1080.00 - L 1 1 1 1 1 1 0.1 1 1 144.00 Level2 - 4 2 1 080.00 Anished area above redo camains: 8 Rooms' 4 Bedroom s ~ 2.1 BaM 5' 2 224.00 oars of LFR Area . ~ INTERIOR MaeriaWCondaan HEATING XITCHFN EQUIP. ATDC AMEN0IES CAH SttIRAGE: ° Hours Car eUAVera a Type FWA AeMgerstor © None ^ Frephce(s) # FR ® None ^ WaAS D all/Avera a Fuel Gas AangP/Dven ® Stairs ^ Patlo ^ Garage #acars TrimiFninh COI001aNAV . ContlRen Av . Disposal ® Drop Stab ^ Deck Rear ® Atlached 2Car Att. 3aD1 FNwr VinvVAvereae COOLING Dishwasher ® Scutlk ® Pomh Stooo ® Omched BaN Wainscot Fibe Iess/Av . Central Yes FaMHa4tl ® Flrer ^ Fence ^ BWtt•In Ooas 6Panel/AVe2 8 ONer No Microwave ^ Heated ^ Pool ^ CaryoR CantlAron Av . W her er Ani had Orivewa As hart Addi0omlteaWres (spatial eneyy efficient hems, ex.): F nt stao reardeck CoMAinrtofNe imprdvemenl5, depmciafion (phyaca, NncEOna, and eaemap, repairs needed, quaNy of canshucfion, remOdefinyatlaUOns, att.: Defamed maintenance is resent. Extedor Mint is Chi etl and stirs .Soma bdcks are loose on front stop . Rear of left side of slao a ears to ba se atln from house. Gars a door a ears to b bucklin outward. PERMISSION DENIED FOR INTERIOR PHOTOS OF SUBJECT :AdversTiprimnocenlalcondiBans (wch as, ha na limited to, hazardous wastes. ro»h whsances, aeJ pesep N.t11a_bpprgypm@gp, an gksAe, a ip Mp,_ immetliate vkinity a the subject pmpem/.: There were no a anent adverse or hazardous conditions observed at the time of Ins action. . _, perc 1 nE d - - Farina Mae Faro tO04 BnJ3 Form UA2-?OTAL for Windows'apDmisa whware byaamade,Inc.-1-804ALAMOOE 0405121e YelueBm SMlan UNIFORM RESIDENTIAL APPRAISAL REPORT nsa,, nene>ei_ ESTIMATED SITE VALUE ............................................... E 40 000 As0inaaa, sNe vales, be ~ j~ ESTIMATED AEPROWC110N COST-NEW-0F IMPROVEMENTS: ~ fool c ala ktlan ~ for 0, VA elm FmH0. th a esWrekd rwrWmlq DWellinp 2.224 Sq. k @E 88.15 = S 151.588 ewnaNC Tde d Ore property): The Ma hell and Swig Veluellon 1 080.00 Sq. k ®S 13.17 = 14.224 Service was used ro cekulete mere rodudfan mat of me A liances Porch Deck 5.000 subed io .Estimated remalnin economic lHe is ; - Garoge/Calport 480.00 Sq. k @j 23,75 11.400 eaemaled ro be 48 n. " Tmal Fstlmak0 CaM New.New .............................= j 182.190 - Less Physical Functlonm EMemal Oeprecia0an 36.438 ~ =E 36 438 Oeprociaktl Value W Improvenwms ................................. =E 145 800 'ASis' Value d Sge MpnrvemwM1S ................................... =j 12 000 INDICAIEOVALUEBYCOSTAPPROACX ..............._....._.... = 197,800 ITEM SUBJECT COMPARABIE N0.1 COMPAAABlE N0.2 COMPAAAB[E N0.3 6107 HAYMARKET WAY 5013 Apache Ddve fi301 Locust Lane 6204 CrosswlcK~ Girds Add Mechanicebu PA 17050 Mechanicehu PA 17050 Mechanicebu PA 17050 MaUanicebur '. PA 17050 P 'm' ub'e ~~. ~' +"., „. ? 1.15 miles 7.58 miles 1. miles ' Saf P' Na 200 700. 199 000 193500. P ~ Liuk a 88.44 93.13 ~ 88.09 da 98.36i~ DaM anWOr Inspec0on MLS and County RawMs MLS and County Rewrds MLS and County Records V ' ' n Souroe on 5/18/2004 VALUE AOJU51MBaTS OESCAIPDON DFSCmpIDN + - E sL OESCAIP90N ~ + - E Ad ust. DESCAIPOON + - E m ' Sales er Financing " Conv/9 DOM Convl2 DOM Conv/18 DOM Colkesskns y;. n/a Na N DakdS i 04/12/04 09/28/03 08/29/03 LacaBOn Averse Avere a Averse Avers e L e Sim N Fee Sim le Fee Slm le Fee Sim le Fee Sim le SBe 13 699 S Ft 11328 S Ft 12632 8 FI 14810 Ft Wew Averse Avere a Averse Avere e e I nandA 2Sro /Good Sto /Good 2Sro /Good 25ro /Good I dCenshucUw BrkBAlu/Av . Vin I/Av . BrkBViNAV BrkSVin/Av . A e t6 - 9 15 17 Averse Avere a Averse Avers e Abtlve Grztle ToMI J rms~ BaNS TaW IBdrms ~ Ba Total ~ Bdrms ~ Baths ' Tc I iBdrms ~ Bam 'a Room Caum 8 ~ 4 ~ 2.1 7 ~ 3 ~ 2.1 B ~ 4 ~ 2.1 J 7 ~ 3 ~ 2.1 G s 'vin ea 2 224 FL 2155 . k ~ 0 2 259 . FL ~ 0 2 008 . FL ~ *4 300 Basemem SRnkhed 94%/0% 100%/50% 100%/50% 100%/0% a R I GRtle None Rec Room •3 000 Rec Room -3 000 Nona • . Fun ' Avere a Averse Avere a Avere e _ fk 'n W GFWA/Centrel Heat um Hea um Hea m ' Uems Thermo ones Themro ones as T emw anal ' G 2CerAtt. Car Att 2Car A8. 2 ar Att. Paroh, PatlP, Dxk Stoop,Deck Sroop,PeUO Stoep,Dedc Stoop,Deck F c e 1 Fire lace 1 Fire lace 1 Fire lace 1 Fire lace Fence Pool None None None N ne Delerted MaimenanCe Yes No -1000 No -1000 No -1000 N _ + 4 000 - + 4 000 - + 3 300 - Adjusted Sales Pdse ~ om 198 700 195 000 196 800 Cammems on Saks Comparison (mdumnp the suh)em propedy's cempa0bifdyto Ne neiphherhoed, eM.): All mm rabies are homes loeateo ih Ham n Townshi and are o(similar a e and size to the sub act roe .These mm arebles establish a ren a of value for me sub ed ITEM SUBJECT COMPARABLE N0.1 COMPAAABfEN0.2 COMPANABIE N0.3 Dale, Price antl Data None In Last None None None Sauroe,taDriar sales 36 Months - County Records County Rewrds County Records vdNin arda Risal Co. Records Anarysk d amy rartem aAreememd sale, ep0on, arlHtlng of sub)am propero/ and analysis d airy Drior sales d subject and canparahles vmAin one yearof the dale d appRkH: There is Curren no a reement of sale endin on the sub'ed ro INOKAlEOVALUE BY SALES COMPARISON APPROACH ........._ ........................._...._................-..............._..............._... E 196700 INDICA7EDVALUE BYINCOMEAPPIIOACH A i E'mated Ma Rent o.x Gross Rem MuN Aer = TMS approismkmade 'as is' subjemto me rspairs,aMratlons, Inapeceons or centli0ons OSkd bebw subjectla compk8an perpWS BSpec'ddp0ons. CsntlBOm dApgawl: This a reisal is mad In'AS IS' condition. The aXached addenda are made en iota rel art of mis a reisal. Final Reconcigatleni The tlired sale Coro adson a roam is wnsidered to bathe most accurate memm of achievin fair market value. Insufficient data was svallable ro develo me Income a roach. The mst a roach su orts me re orted value. An unaumorfzed dhan es ro mis a reisal after it has been sI netl will voi ma a reisal. The puryase of Nis appraisal is to esOmak Ne maMelvalue of the real properly that i5 the subject of Nk rsparL based on the above coMitlons and the cer0Aca0an, calOngem -~ and IimMng condeans, and market value detmiBon that are skied in the atlached Fredde Mac Farm 43WTNMA Corm 10048 (Revketl 8-93 ). '~ . I(WgESTIMATETXE MAIIKETVAUE,AS DEFlNEO,OFTHE REAL PROPFJTryTHATISTHESUBJECTOFTHISREPO(1T,ASOF 5/192004 (WHICH ISTH TE OFINSPECf10NANOTNEEFFECTIVE DATEOFTXIS flEPORnTO BE S 196700 _ _ ' APPRALRE ! SUPERVISORY APPRAISDt(ONLY IF REaIIIlE01: r cknaRro ^ Did ^ Ditl Nd N . J. K en r Name Inspect ProPKIY Dale Ae _ .. 9 2004. i Stale CerWkatlan B RL-007154-L Stale PA aSSn Or Cleanse # Stale r Lieense . G....>~ .~o> par.P 2 nP p Fannk Mae Folm 1004 E93 Fenn UA2 -'TOTAL IorWVmowY apgalsal sallware by a k mode, IIR. -1-j06ALM100E _ ~ ~. UNIFORM RESIDENTIAL APPRAISAL REPORT MARKET DATA ANALYSIS Form UA2.IAC1 -~ 40TAL kr H7iMOws' appraisal sollware Ey a V mode, inc.-t-006ALAMOOE APPRAISAL AND REPORT IDENTIFICATION This Appraisal cordarma to pge of the folbwirrp detinitiorls: ® Complete Apprlsal The ad or process of estlmadng value, or an estimate of value, pertermed widreut invobng the Departure Provlsbn. ^ Umited Appraisal The act or process of estlmaWg value, or an estlmadon of value, performed under and resultlng from imroNng the Departure Provision. This Report is gtla of the following types: ^ Sell Corrpined Report A mitten report prepared under SlarMards Rule 2-2(A) of a complete or limited appraisal performed under Standard 1. ® Summary Report A vJritien report prepared under Standards Rule 2-2(S) of a complete or Ilmhed appraisal performed under Standard 1. ^ Restricted Report A vJrigen report prepared under Standards Rule 2-2(C) of a complete or limited appraisal performed under Standard 1. Comments on Appraisal and Report Identification Note any departures from Standards Rules 1-2,1-3,1-4, plus arty USPAP-related issues requidng discbsure: E.J.I(oDDenhever romi IDt -RDTAL PorYandows' appalea soaware EY a W mode, ine.-l-aOaRl/aADDE ~.~„ MULTI-PURPOSE SUPPLEMENTAL ADDENDUM FOR FEDERALLY RELATED TRANSACTIONS This MutlFPuAmse Supplememu Addendum for fetlerady flekted Trdnsactlons was designed k provue the apPmiter wiN a comenkm way k campy wtlh the cunem appreku skntlams and reqummems m the FeWrd Oepasd Insurance Cprypration (FDIC), the Olfice m the Canpho8a M Curtenty (OCq, The ODke M Thml Supervl¢lon (OTT), the AesahNOn TmM Caryaation (flTC), and the Federal flesave. Thh MYID-P.urppe 8upplsmental Atldendum Is far use wOh arrY appraleal. Onty those statements which have bean checked by the appraiser apply to the properlLr heing appralsad. ® PURPOSE @ FUNCTION OF APPRAISAL The pbryose m the appraisal is ro estlmue the narkuvuue m the sublem property as defined heroin. The NmtiM ottlu appmisd Is m asdutlw above-nametl Linder in maNati~p the suhlea propertyfa tinting puryosea ThkkaFetleragy rekretl hansactipn. ® EXTENT OF APPRAISAL PROCESS ® The appmisD k based on the klomapon gatheretl by th appreiserham public records, other itleritiMtl spumes, inspectlon of the suhjem poperty and mlghbomoo4 DM selectkn of compuaMe sales withk the suhjemmatau area. The odpku lance mthe compaabies k shown m the Data Sauroe sudar m the mamd gdd ma0 wiD the same m cmfimation, D ma8ahk. The odAind saume is pmsemed Bret The anuroes and due are cpnudwed rdiabk. When coiMkhng imomagon was provked, the saume deemed most ruiahk has been used. Dale believed re he unmtiabk was na included in the rtporl mr used as a basis lathe valve conclusion. ® Th¢ Aeprotluction Cost is based on Marshall and Swift Valuation Service supplememetl by the apprdsets kowledge m the loco mark[ ® Physicu depreckfion k haled pn the estimaletl e0ectlv0 age m the subject propeM. Functlanu anNar euemal tlepreclatlpn, 8 presem, rs specBDUy adtlmssed k the apprisal repprt prmha addenda. In estlmating the sae value, the apprdser has relktl pn personal kowledge m the lad mahat Thk kpwledge is haled on prier anNor cumin analysis of sire sales anNw abshactipn of Sde values hem sDes m improved propemes. ® The su0jeclproperty islocated in snares m pdmadtyowner-occupied single [amity residences and Ne Income ADDrmch is rot considemtl ro be memhANL Fathis mason, the Income Approach was na used. ^ The Estimated Marko Rent and Gross Hem Mukplkr INIDed in the Income Approach are based on the appmisets kowkdge m Ne sublem made[ area The renal kowletlge is haled pn prdr solve cumin mnW rete surveys m reskeidu properties. The Gross Rem MubiDlia khaled on pda aM/acumm anatysis m pdces and madcu rates for msueMU properties. ^ For incpim prpducNg properties, acme reins, vacancies and expenses have been reponed antl analyzed They have been used fp projem hdure reins, vacancks and aDensea ® SUB,IEC7 PROPERTY OFFERING INFORMATION Accaidkg to Owner the Subject property: ®' has not keen oNered for sale In the pas[ ^ 30 days ^ 1 year ®3 years. ^ i= nrn .ml~-md_fa sale tors ^ wa59DefAd for sale witldn the past ^ 30 tlays ^ 1 year ^ 3 years far $ ^ ONetlng krormaaar ass rmsieered in the final reconciliafion m value. ^ Olledng kfamadan wa= nm comleeretl in the fiml mcancifretipn m vdue. ^ OBednp kfamatkn Was not maname TM masons for unava8abifiy and the skps taken by the appraiser are eiDluned hmr in thk addendum ® SALES HISTORY OF SUBJECT PROPERTY Accominp to Cumberland COgnb/Tax ASSesment the suhlem propety: ® ha=_ nm hanahmd in the past twelve mamhs. ®has nmtmnslemd in the past Midy-sk months. ^ has sansferted in the pastmeNe mpmhs. ^ has hanslerted in the pain thiro-sk momhs. ^ All pda sales whkh have occurtetl In the DamhveNe momlu am lisud below aM mcpndletl to the apprehed vuue, efiher k the body m the reps[ a in llm addenda. Dab Salp Prlea Document # Sager Dwyer ® FEMA FLOOD HAZARD DATA - ® Gublem DmDeM iLePLlgGlagd in a FEMA Specid Hood Hazam Area. ^ Sublect OropeM iSJdgaOd in a FEMA Specid Flapd Hazard Ama Zone FEMA Map/Panal # Map Dab Nama at Cammuniry X 42036000100 1/5/7996 Ham den TOwn$hl ^ The community d = nm ~m io in the National Flood Insumnce Prepam. ®The cammundy dins oardcinue in the Natloml Food Insurnce Prpgrem. ® AlS emered byarepuk[progmm. Dis cmerdd by an e7LProprem. - - - - - - - Page 1 d 2 Fain MPA2-'TOTAL IorWhdaws' apPrdsal Soflwara by a kmode, la. -7.800-AIAMOOE ® 6URRENT SALES CONTRACT ® The Subject property is cnm nm under cammm ^ The contrud anNor eurow instrucfions were nm axailah ~ •• The unava7ebiMy at Ne contract b aQtlamed late In Ne addenda sletlon. ^ The comrsd ardor eurow ksbuclbns were Mdewsd. The lolkwkp summaries Ne contact Contract asb emarrtlmant Oab Contract Prlao SoINr Gou honour John E.88ac TAI ^ The ctlrNam Indicated Nd personal property was nm inrlueee in the sde. ^ The contract illdcakd that persgnd property was.kdutleA. ttcgnsiSNd al Esdmared wiMLubry value is S ® Personal Property was nm inmeded in th find value esgmare. ^ PErsOnd DmDelty wasigGluded in NB final valve esfimal¢. ^ ThE COntrdCl ktlkabd IIO floor ino on «In0e Of ONer IOCBI16Yl5. ^ The COniremintlkabd Ne iollowino nonnessinns or iilCmfives: ^ N cgnceulans a inceireves ¢dst th comparebles was checketl for similar concessbns antl appropdab adlustrnems were maA, 8 applkaMe, u and Ne goal value cgncluskn is in compliance wiN the Markel Vdue defined herein. ® MARID:T OVERVIEW IneludeanevpbiWOnmwrtem makeaconm0uneandtrenm. 0 - 3 mgmhs b considered a reasonahb madcegnA pedod forthe suhjea property haled an Com0arabla Sales ® ADDITIONAL CERTIFICATION The Appraiser cergAes and agrees Nat (i) The analyses, Ppinidns and conclusions were tlevelope4 and Nis repel was prepared, in coldamM wiN the Uniform Standards of Proteuiond Appraisal Prectlce ~IISPAPh, acept Ndthe Deparbre Prodslon m Ne USPAP does not apply. (2) Thei comDlosatlon Is not COllgngem nDOn N¢ reDOrgng d Dreddemdned Ydu! Or tllrectlOn in Vake Nat burrs Ne.Ga050 d NB CABnt, the amOnm of Ne vdue estimab, Ne atlainmem of a stlpulakd result, athe occurrence d a suhsequentevem. (3) This apprekd aulgnmem was not based on a requested minhnum vduagtln, a specfic valuatlln, ache approvd m a ken. ® ADDITIONAL (ENVIRONMENTAL) LIMITING CONOITIONB ThB vdue estlmahd Is hosed on Ne assumpfian Natihe properly k not nepafivety dlecbd by Ne aesbnce m hazardWS uhsbncas or Oehimemd endronmemd contlitlons Unless omerwbe sbbdNNis repoR The appraiser is not an expert in Ne itlenaficatltln of harardous suhsbnces or tletdmemd envkonmeaal cond0ons. The appraiser's roufine inspecfion N antl inqumes about the suhlea property Ntl rrot tlevekp any imarmagan Nat inNCaretl any apDarem slpnfikan[ haurdaus suhsrences a delrimenW environmenld condNOns whkh wouM dbdNe popemy negagvety unless aNerwiu shied in this repoR Nb'possible tlrattesb antl NSpectlans made bye qudiAetl hazaroous suhshrrce and em/honmemal e>yert woultl reveal Ne wsbncem hazardous suhslances a detrimemd environmemd conddions tln a arouM th property NawouM neWgvety a8em tls vdue. ^ ADOITIONAL COMMENTS ® APPRAISER'S SIGNATURE ALICENSE/CERTIFICATION ApDrdser's Sign Egectlve Date 5/792004 Date Prepare0 5/192004 ADPraiurs Nam pdm) aver Phune# Pd7 15830308 $hb PA ®CerOflCa60n# RL-007154-L Tax ID# 25-171(1810 ® CO-SIGNING APPRAtSER'S CERTIFICATION ^ The casipnirro apprdur has neminalw inscechd Ne suhlem Property, botli inside and ouC and has matle an exterior Inspution of a0 comparable sales listetl in the repot The report was prepared M Ne appraser under dtred supervblon m Ne co-sigrlirg apprasa. The co-signnp appraiser accepts respansibilM lathe eomems of Ne repoR including Ne value cdnclusldns aM Ne IMitlng wndih'ons, aM calfimrs Nd Ne cerfificatlons apDN miry to the co-signing appraser. ® The co-signing appraiser h~ nm peR.nanv~oeLtad Ne im¢dorot Ne subject property and: ® has nm iceoected the extedor of Ne subjeclproperty arM all comparable sobs listed in Ne repoR ^ BaS.105pectedNe odedar of Ne lotted property and aU wmparebb sales 6sbtlin the repoR ® The report vas preDaredMNe apPretser underdired supervisionmNe co-signbA apDreisa. the co~sipnirro appraser accepts responsibifiry tarthe comems of Ne repPR including Ne vake caneksbns and the IimttNg cond~fions, antl mnfinres thatNe certificagens appNluM k Ne Go-dgmrg appraiser with th excepggn m Ne cdawafion regarUkg Dhyskd kspecdons. The above deudbes the level m inspedlOn performed by the co-signing appreiur. ^ The co-signing apprdseys level of inspecgan, InvPNemem N Ne appraisal process and cerfiACatlon are covered elsewhere In Ne addenda settler of Nis apDrekar. ~ CO-SIGNING APPRAISER'S SIGNATURE & LICENSE(CERTIFICATION Co-Sipnkg ENecgve Dah Dde Preparetl Apprarur's SrgnaWre Phgce # 1 1 Co-Signinp Apprdsa's Name (pdrlry State .. ^ Lzense ^ Cergfiwgon # ~ Tar O # Page2d2 Form MPA2 -'TOTAL IaWindows' apPrdsd ugware by a fa mode, inc. -1.800-ALAMOOE SuoDlamental Addendum Fde xa. nanr.,er. BartawedCDem Ga honour John E. 8 Sao ThI R~NSS 8107 HAYMARKET WAY C Meohanipbur Cau Cum Band Srete pA Cade 77050-5217 L law Office ofP trickftauerJ. THIS REPORT IS FOR LENDERICLIENT OR ASSIGNS FOR MORTGAGE FINANCING ONLY THE DIGITAL SIGNATURE CONTAINED IN THIS REPORT IS THE SCANNED IMAGE OF AN ACTUAL SIGNATURE AND IS PASSWORD PROTECTED. R IS TO BE TREATED AS AN ACTUAL SIGNATURE. INFORMATION CONCERNING ZONING WAS OBTAINED FROM LOCAL MUNICIPAL AND COUNTY ZONING OFFICERS. INFORMATKN CONCERNING MORTGAGE TYPE AND SELLER COST HELP ON COMPARABLE PROPERTIES WAS OBTAINED FROM AREA MULTI-LIST SERVICES AND LISTING AGENTS. IN SOME CASES, WHERE COST HELP IS NOT LISTED ON MULTI•LIST SHEETS, AREA AGENTS CONSIDER COST HELP INFORMATION TO BE CONFIDENTIAL AND WOULD NOT PROVIDE THIS INFORMATION TO THE APPRAISER. IT IS NOTED THAT COMPARABLES NUMBER 1, 2, 3, 4 EXCEED ONE MILE IN DISTANCE FROM THE SUBJECT PROPERTY. THESE COMPARABLES WERE USED DUE TO THE LACK OF SIMILAR COMPARABLES CLOSER TO THE SUBJECT AND ARE THE BEST TO ACCURATELY REFLECT THE MARKET VALUE OF THE SUBJECT PROPERTY. IT IS NOTED THAT COMPARABLES NUMBER 2, 3 OCCURRED MORE THAN SIX MONTHS AGO. THESE COMPARABLES WERE USED DUE TO THE LACK OF SIMILAR COMPARABLES CLOSING WITHIN THE SIX MONTH TIME FRAME AND ARE THE BEST TO ACCURATELY REFLECT THE MARKET VALUE OF THE SUBJECT PROPERTY. COMPARABLES NUMBER 4 VARY IN PRICE PER SQUARE FOOT BY MORE THAN §70.00 PER SOUARE FOOT. THESE COMPARABLES WERE USED BECAUSE THEY BEST REPRESENT THE MARKET VALUE AND MARKETABILYTY OF THE SUBJECT. NO BETTER COMPARABLES WERE AVAILABLE FOR USE iN THIS APPRAISAL. ALL COMPARABLES ARE VERIFIED SOLD AND SETTLED PROPERTIES. SignaLre SlgmWm Name .J a ve Name Date Sgiad .Dare Sgned Slate Certllkatlgn # RL-001154-L Sfate PA Sere Cdfificadon # SreN _ Or State Lremse# Stare_ Or Sere Llanse# Sdre - E.J. KDpDN~Naver Form TADD2-'TOTAL fm Mndows' apDrdiul soRaae aY a re made, iz. -1-SOOALPMODE DEFINITION GF MARNET YALUE: The most prohabb price whWA a aWab shmM bong in a canpefitlve and apm markn order al calditlaa regWSge to a tMr sale, the buyer aM mkr, mch aNnp pm0emy, Nnowladpeahy and azsaninp the Price W na aBmWd by wdm slMMUS. hnplctt N Btls defmttWn is the consummatlon of a cab az of a speciAed date cad the passNg of Ne from Seger W Wryer undo mtlGtlws whereby. (1) Wryer elm sager a2 typrcny motlvateq (2) boN paNm are weA inowad a wag advised cad meh xtlta W what M consklere hW own best WWresb f4) a reasanahb gore W abwae far e~osure In fAe dpm madaC (4) paymem is made in Wnne al cash in U.S. agars or b terra al flnatmbe amwpmretlW mmparabW tharela;-and (6) the prka repremrds the name crosMeratlan far the property rats unagecWd by specks a creatNe flmlatnB or sake concesalws' gramed by myone assacbkd wgh th sale. 'AdjusbnAms to the comparehbs must he made for sprain a creagve fiwtWWg a sales wncemidns. No adjus9rwnW are necessary for those wsW which are nomWy pats by sellers az a recap of tradUOn a kw in a madret area; Were cans are readgy ideMlkMe since the Seger pays them costs W vtrWaly ag sales trarkactlom. SDecin or creaBve finwcing adplshnems cm be made N the canparabk popemy by compadsans W flnancNg aws aflered by a thbd jwrty InsgaNOna Imda thrt W m[ ahmdy involved W the property pr transacgon. Amy adjusNcem shouts nor he cakubbd an a mechanical delbr tar dpgar cost a the MwcWg a conceazbn hm the tlomr amoum a arty wjuswem shWW approwmak Na maaas reacfi¢n to the fimmkg a commsiow hasm on the apprabefsjudgemelR STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraisefs cerfiBCatlon that appears in the appraisal repM k subsea m the lolbwinp cpndNOns' 1. The appaker witl na be responsible mr matlers a a legal naNre that ages eiNer the properly being appraised a the the ro it The appraiser amumes thrt Ne Nk is AaM aM matketabb cad, Nerefae, wig na render any ppinioaz abgn the title. The property Is apprased w Ne basis of g being under respwskk pwnersh"ry. 2. The appraser has provided a skech W th appraisal report to straw appwtlmate dimensiws of Ne ImDrovemems and the sketch is included ony to arms[ the reader a Ne report in vkuagdng Ne property and understmdinA the apDraWefs deWrminagon of its sae. 3. The apprWSer has mamined the available 11pod maps that are provMed by the Federal Emergency Mmagemem Agency (or Omer tlaW muroes) wtl has rwled W Ne appraba report whether the suhjea stte W lomted in w MetNBed Specln Flaad Harard Arm. Because Ne appraiser W na a sunwya, he a she makes n9 guaremem, exprem a implied, regading tlds delermNafion. 4. The aDDraimr oral na give asdmony or appear In court becaum he a she made m apPaisal a the propeM in quesfion, unless specflx: anangemems W do m have bew made hnaehaM, 5. The appraWer haz estlmabd the value a Ne Imd in the cost approach at iW highest cad hest use aM the improvemems at their comnbutory value. These separate valuaBbns of the bM and improvemems must na be used in cwluncBdn with am other appraisal cad are invalid A Nay are m used. 8. The appraiser haz noted W the appraisal repot amy atlveme condBbns (such as, needed repairs, depreciafion, Ne presence a haraNOUS oracles, talc substances, eW.) observed durhq the Inspec0on a th suhlea property a that he qr she became aware a during the npwal remaroh WvoWed in pwlamWg the appraisal. Uaem otherwba salted W the appraisal report, the apprkar has no knowbdq a any hidden pr wapparem cw0lBOns a Ne property a adverse emironmemn cwdNOw (WcWdkg the Dreunce a hazaNaus oracles, tout substaam, rtc.) thrt wwuM make Ne property more a~less vnuahk, and has assumed that there are no such cwdigons and makes na Auaramms a wamarNes, emrem or impged, regarding the cwd'NOn a the property. The appreisar w91 na be respansWb far my such condigons that do ertn a to wy etpimed~ a Wsbllg that might be requbed N dimaver wbeNar mch wndWws ekn, Becaum Na apprabar W na m aNert N the Bell of emironmemn hauNS, the appraisal repod man na he camidered az w environmemn assmsmem ofthe Propwry. 7. Tha appraiser obtaimd the bdomralWn, esNnaWS, cad apinbns Nat were aFremed in the appraisal report Iran souroaz thrt he or she cpnSMers N be reliable cad hetleves them N be we aM coned The apprWSer dges nor aswme resppnmbilAy for the accuracy a such ttems Nat were Nmimed by othar parBes. 8. The appraiser will na datbse the cartems a the appraiml repod eacept az provided for in the Unttaw SimtlaNS N Professional Appraise Praabe. 9. The appraiser haz based his pr Aar appraisal repot and vaWaben cwclazipn for w appraisal that k subjea W saBsfactory campbdon, repars, a agera6ons an the amump6dn Nat canpkben a Ne impromnkms will be Dertowed in a wodwwhke macaw. T0. The appraiser must prwMe. h(s. a her odor wmbn eonsea bekre the kndakBmt sppcBwd W Ne apprasal report can disalWde Ne apprasal r¢pat pncluan9 cmoWSbns ahdul the Propady valor, the appreisefa Mm6y aim pamsWnal dmiptutWns, and refereues-lo airy professional aPPrakn arym'vaBws or dal fora wall which the appralsn is azsaclaad) to am/ana aNer thm Ne borrower, the mortgagee or tta successors aM amipaz; the nwtpage Wsurer, cwsuttams; professional appraisal aganaatlons; any sWW or finerWy approved Bnanein ittsthuBan; or atry hparanem, agency, a kisWlmenWNy of the United States a amy sWW pr the DbWa a Columbia; except Nat the lendadc9en[ may dishihuW Ne propeM demdPBon cetera a the report wy N data cggeCBOn pr reporting mMm(s) wWwN havNp W obtain the appraisefs prior wdmn cpnsem. The appraimfs written canmm cad approval must oleo be abbined hNare the apprisal cw be conveyed by wywe to Ne public through adverBWnA. Dubec rebtlans, news, sales, a _aNar media. Freddk Mac Fow 4396.93 Page 1 a t Fwnk Mae Fam 70948 693 EJ. NapperNmer Faro ACA-TOTAL br Windows' appaism mtmare by a b mode, Ina.-1-g06ALAMODE APPRAISER'S CERTIFICATION: the Appraise cemfies and amass that 1. I have reseamhed Me subject market area and have selected a minimum of three rtcwt sales at propedes most similer and prmsmah to Me subHCt Popery la wazideatlan m the sales wmpadwn anaysis all have made a agar adlushnem whm aPPmDdate ro rellen the marlmt reactlon ro moss Dena m siAiliACant vadafion. fi a ngnthwm Dem in a canparahk prapedy is supedor to, a more favorable than, the suhjem property, I have matle a nepatlve adlusthwm h reotca the adluahd snes pace m the wmparaMe aid, D a nm~ificam Item in a canparahle property Is Imabr ro, a less hvaahle than the suDlen Property, I have ode a posDive adjushnem ro Increase the adlushd sales Ddce m the wmparable. 2. 1 have taken imo cpnsMaafign the facrors tlud have an impact an value in my devebDmeN m the estimate m maRrt value in the appraisal repot I have not bwwirgy wifiMeM any significam imtlmhfiw team the appraisal report and I Defieve, ro the ben d my IgroMetlpe, that atl stahmems arm thfomutldn h the apprebal repel are hue and caned 3. I stated In Me appraisal repaR Dory my own personal, unbiased, anil professioal watysh, opinbns, and cancNSions, whbh are sublect Doty to the w~Nlgem and Iirldtlng cdntlifiws specified in thh farm. - 4. I have no presem a prospecMre imeres[ In the property mat h the Subject to thh report and 1 have na precem a prospecfive personal imeren a bias with - " respect ro the parficipams in the hansacfion. I dN rot base, eDher pamnry or hompNhty; myanatysis anNa the esNnau m maRrtt value in the apprlen report pn the race, war, refgiw, sea, hallthcap, lamifial sh]u, or national adph of either the prospecfive ownas a awDams m the whlect DropeM or m tlw Priem owners or acupams m the proPrfies in the vicinity of the sublect property. `, 5. I have no presort a comemphted hhre thtaes[ b the suhjem property, and neDher my cunem er hMre empbymem na my wmpensatlon fa pedorming This appreleNhcoMnpemon Me appaised value of Me property. - 6. I was ram required m rePrt a prednermthed valor a diremian in value that hears the cause N the clam a any rthhd party, the annum m the value estimate, the afinnmem m a specific resort or the acurtence m a subsegcem seem in groer h recewe my wmpensatlon wNor employmem for performing the appreisN. I dq ram base Me appraisal repaR on a rtquested minimum valuatlw, a specific Yaluatlon, ar the need to approve a specific meRgape Loan. 7. I pedormW thls appraisal h wmolmiry wDh the Uniform Standards N Professional Appraisn-Pmctlce than wart adopfetl and Oromulgared by the AppreisN StaMards Boaro of The AppralsN Foundaaan and that were In place az of Me eNectlve doh of this appaisal, wDh Me exceptlon m the departure provisiw of those Standars, which does ram appry. I acimowledge that an estlmah m a reaswahle tlme far egrosure in the open madst is a wntlitlon In the definifiw of markar value and the estimate I developed is consinem whh the maMed~q time noted in the nelghhothood secfien m thh repaR uNess I hate otherwlee seated n the reconciGatlan section. B. I have personalty inspected the imedor and e>aeda areas of the subjem property and the outla m all properfies fisted az wmparahles le the appaisal report I fuller certAy Mat I have noted any apparem or known atlrerse wndPoOns in the subject improvements, w the subject site, ar on any sae wDhin the lmmedhh vicinity m the suhlect property al whbh I am aware all have made adlusMenh tar these adverse w~fions in my anarysis of the Popedy value to Me adept thm I had market evitlence ro supportMem. I have alw cammemed about Me efiem m the atlverse condNOns w tlw manehhipdy m the subject property. 9. 1 perstlnNy prepared all wnclazbns a~N apbbns about the real esttte that were sn fall in the appraisal repaR D I rtfied a significam protesslonu azsisrance from any thdMdun pr indniduns in Me pertomunce al Me appraisal or the prtparadon m the appraisal repaR I have named such indNidual(s) and disclosed the specific tasks pertomled by them in the rewncilhden section m Nis appraisal report. I ceNfy Mn ally iMividuN w named is quNDled u pedam Me hsks. I have not authorized anyone ro make a orange M any Dam in Me repaR therelare, D an unauthorDed change is matle M Me appralsn repaR I wO take fro responsinghyfor R SUPERVISORY APPRAISER'S CERTIFICATION: N a supervisory aDDlNser signed Me appraisal repaR M pr she cemfies and agrees that I d'oectly supervise the apprelsn who prepared Me appaisal mpoR have revlewed Me appraisal mpoR agree will Me shomems and ctlnclusbns m the appraiser, agree ro he hound bythe appraisers cerdficatlws numbered 4 MrouAh 7 above, and am talM~g hl mspoazihifityhrthe appraisal and Me appaisal mpoR, ADDRESS OF PflOPERTY APPRAISED: 6107 HAYMARKET WAY Mechanicsburg. PA 17050.5271 APPRAISER_ SUPERVISORY APPRAISER (only it roquired): Signathre: ~ Signarare: Name: . J. Ko i en Name: Date Sign M_g~ gab 5gned: Srah CeNtlcatlon #: RL-001154-L Shh CerfifKagon #: or Shte License #: pr Sme Licwse #: Srah: PA Slate: Elmaadpn Oah m Ce~catlw gr Lcense: fi/30rz005 EOiraden Oats at Cerdfvatlon or License: ^ OM ^ Old Nat Inspect Property Fatlda Mac Form 439 693 PaAe 2 al 2 Fannh Mae Fam t0o4B (493 Faml ACN-'TOTAL IalVndows' appraisal sgflware by a h made, Inc. -1-SO6AlAM00E Subject Photo Page Subject Front 8107 MAYMARKET WAY Sales Rice Na Gross iielnA Area 2,224 ToGlflaans B T4W Bedrooms a TaW Batlnaans 2.1 Locagon Average Yrew Average Sale 13,899 SgFt Guapry BrkBAINAvg. Age 16 Subject Rear Subject Street Farm PIC3x5.Sfl -'TOTAL for Windavs' appraisal software ey a V mode, Inc. -i-0gUAIAMGGE Subject Photo Page Subject Front 6107 HAYMARKEr WAY Sales P4ce Na Gmss tlvlnp Ala 2,224 Total pawns B Tohl Sermons 4 Tohl raNmpms 2.1 Locatlgn Average View Average Slw 13,899 SgFt Dualry erk6AlWAvg. Age 16 Subject Rear Subject Street Farm PICrxS.Sfi - 40TpL tar Wintlpws' appraisal software Oy a W mptle, Inc. -1-g0o-AlAMODE t Subject Intarlor Photo Page u honour John E. 8 Bec 7hl 6107 HAYMARKE'T WAY MBChenkeD Cumbewantl PA 17050-8211 f Law Office of Patrick F Lauer Jr. SubJed Interior 8107 HAYMARKET WAY Sales Peke Ne Gross LlNnp Area 2,224 ToW NOOms 8 ToDI Bedrooms 4 TOW BaBlroema 2.1 Lceadon Average New Average Site 13,699 SgFt Duality BrkiWWAvg. Ape 18 PERMISSION DENIED TO TAKE INTERIOR PHOTOS Suhjecl interior PERMISSION DENIED TO TAKE INTERIOR PHOTOS Subject Interior PERMISSION DENIED 70 TAKE INTERIOR PHOTOS Form PIC3a5.51-40TALPorWIMaws' appraisal sahwaro ¢y a Dnode, aK.-1-006ALAMODE ,. ~.: Comparable Photo Paae B irower II Gou honour John E. 8 Bac Thi Pro e A dre 6107 HAYMARKET WAY C" Mechanicabu a Cumberland pA 17050.5211 Lender Law ORice of Pakick F Lauer Jr. Comparable 1 5013 Apache Drive PrmL m Subject 1.15 miles Sale Pdce 200,700 Gro55 Living Area 2.155 Totalfla0lnS 7 Taal Bedmams 3 Total Batllroams 2.1 Lacadon Average YeW Average Sae 11326 SgFt Ouagry VnYOAVg. Age 19 Comparable 2 8301 Locust Lane PralL to Subjem 1.58 miles Sale Price 199,000 Gross LMnO Nee 2,259 Ta0lfloans 8 Total Bedrooms 4 Tohl BaNreams 2.1 Lceatlon Average Yrevr Average SAe 12832 SgFt OualiO BrkBYNAvg. Ape 15 Comparable 3 6204 Crosswick Circle PrOC to Subject 1.54 miles Sale Pace 193,500 Gross Living Ala 2,008 Tohlfloems 7 Total Bedrooms 3 Tmal BalAromns 2.1 Locatlan Average l5ew Average Sae 14810 SgFt Oualiry BrkBVINAVg. Age 17 Form PIC3r5.Cfl-'TOTA1.IOrWindows' appraisal sotlware by a h mode, inc. -1-80PAINAOOE Comparable Photo Page Gou honour n E. 8 sac Thi A 8107 HAYMARKET WAY Mechenicsbu Cumberland PA 17050.8211 ~ Law Orflce of Petrick P Lauer Jr. Comparable 4 923 Wlllshire Drive Prmc to Subject 7.89 miles Sale Pries 181,900 Gross LNhe Area 1,940 Tgtal R4011K 7 Total Bedodms 3 Total BaNroans 2.1 Capron Average View Average SAB 135043gFt Quality BrkBVfn/Avg. Age 18 Comparable 5 Prmc to Subject $ak Price Gross tieing Area Tohl Bbans Tahl Bedrooms ToW Bathrooms Mew Site OuafM Age Comparable 6 Prmc to Subject Sale Price Gross LIVInA Area ToW Goons Total Bedrooms ToGI BaNroans View Sge OualAy Age Form PIC3a5,CG -40TAL la VAndows• appmLSal soMware by a q mods lnc.-1-8g4A1AM00E Comparable MultlthN Photo Page I.Wna Cwnm Detril Wrs I uPl r;T.. -:-, I _: ~ . ~, ~~ r. wnw ea uuwwia/DUCUwa axnvmL Rr s nR:ra.~+ s>s uoew AI}puEe6 MY 6 a0o99w0 /bI~ i~Wl ble~WP4Yt aA L~ (uKO1q [uwtY ~~ W OMNa M5roM.S N1 A1. Llr9nGMt~GueY.WDinc ' . TCLm R.~bw YSi ByuwRb4q AtlkPVq lwNf~MbM iT Yt~ >6n 6M YW MRi/- {~ puy0 iie~.pW AYk lam-/ Cbstf nL 91G Mil M `hM l,iecna CUVlan Ikuil Poae 1 cif I t a. ty m sm iYPL a iw nwamvc in s P sa ra 65UN-A En (;+JGi cu:sny~= M z r uanaaw~ VP SIgIAN RLi:mtl L'. Pro 6 iW9JMb ~ MUn ICR•W!n ZMwaiMN'nMNHUT. Xb ObL GmMN UYllty MCP: pY P9nbY4fl4 bLMKGN. 4L Nbturtfl ~d. 1%W RIWn lld lPOARSOmo Tsi[a[3N SYwn IULBeh~ Lypip Cea YwWYt1/-l9w r~ VNJIW SM[ IFOY C01169A &i Ct Ww,MY/ COMPARABLE Kt COMPARABLE #2 COMPARABLE 7q Poem APIC31(S.LST-'TBTAL far WmdowY appRlsal software by a b mode, Nc. -i-800•ALAMOBE Comparable Mulitlist Photos 4-6 Ciau herrour John E. 8 Beo Thl 8107 HAYMARKET WAY Mechanicebur Cumherlan0 PA 17050.5211 LeMer law 05iee o1 Patrick F Lauer Jr. Comparable #4 Form GPIC3%S.LST-'TOTAL IarWlndows' app2isal so5wam by a tr mode, hw.-1-804NAMODE Slte Sketch ao°~ ~. 's, F >$ ~~ Z e 136488gFt ~ 0~ n N~Q R ~ b ~ry 118.E 0 5j2•Z~ 1q W NNp4aM Comments wbiecc Piye PeBimin9 aL a polo[ of Cbe 4seC daeczibed by tleLee wd Bovvds w [ollow~ 1'®CB Bova lB• L 9. 8wt• a dletaew of 1x0.33 we4 t®ICP Bouth ]T 19' 0• put, a diecww et 11.81 IseU ]NIiPCi taut[ ]T 11' 1P NesL. • diecww pt 138.06 Pucr 'ImICP Peych 19. 3B' t6• Nsec. • diecawe et 1]6.00 PoL) 'I®ICi elwg • evrn to cbe Iatc, eeld evzw Wvigq s zediw of 539.00 bet. • ewczal angle oL 30. 33. 19 •, a cbozd nhieb beeze NozW 63. 10• Y SuC• s diecswe of 80.00 PuL Lo point oL beglpningr Paid czwc ePVCalafmg 0.31 ac[w (11699.tl eq£c.) of teed, mete ez law. Pszlvb[ ~ OSdO /aeC Ne signltlcePt eszoy oL alosuye. Po~ sicr.erosb - •roru ror v-nmowr ~ata6a~ som+ara nr a a moae. ro[. - i aoo-nwnooe _.__. ~a .~~ . Building Sketch 3s.oa ~ g $ $ 36.00' 4'1.00' 20,00' PR I4tchen Famih/ Nook GN -oo Garage R R'i . C Law GINn9 S00' UNng Room b UP ~~~ 3s.oa a.aa ~- Commenls Cade AREA CALCULATIONS SUMMARY Dasaiplbn 8W NNTOb4 aLal rlcet rioor 1164.0000 111+.0000 max s.eeva Haas 3oeo.oooo Soao. 0000 asa w:ea. +ao.oooo +e0.ooo0 TOTAL LIVABLE (rounded) 2224 9alh C B~~o eadnwm Cl C CL CL C Cl BedmOm 9etlrown BaN Eam19(T.BIdSId-'fGTAL for N7ndows' apDNlsal soAwae a/ a Y motle, ale.-1-BOO~ANMODE LIVING AREA BREAKDOWN Breakdown 8ubrotaN rive rleor 19.00 x 36.00 044.0000 s.o4 : So.oo 300.0000 wreaa Haas 30.00 r 36.00 Oa0.0000 3 Calculations Total (rounded) 2224 Location Map 0 henaur John E. & Bae Thi P A 107 Y A ET WAY Mechanirsbu Cumberland PA 17050-5211 n r Law CMfice of PaWCk F Lauer Jr. Parcel Number 10-19-1604331 y f y - ++ t ~! t 4 V"' .y ~•_ 1 1 G e~ C •a o}~ -~~ .µ .~ ~1 tic.rr d ~. ~ '~-'., na%x'~`" _*a~ n _ 171 ~ _°~:" ~# ~T. 4~ +a~~ i~' . 7JYY .t13 ~- o'T- ~ .f tf ., •y Z 3 K :i _ ~M ~ 1 r* , ~ e~ ;;• _ a. •' ' T I~ .4 ~. ~ Ay ~ •_ 4 #. G~e'~r / ~M1~. 44 ryiP L ~~ r~, a'' 4 p 6~y 3' _.y'~r'fo ~. 'f7 d $~* ~-. 5-423~a ~ t« ~ `ti w ~ ~' f 0 ~ ~4~ °~ ft 1 } ~' ~ ~ ~ - ,~ - ~ K.. y,.~ ~4 . x .r ~ 44ir ~ f,/F Y ~• yt4 i f. - ,. 4.n b ~ ~.~ (r• ,~A yfT '! ~~ J J '~ ~~ t . Y s ` . fam MAP.LOC -?OTAL fa VYmAOws' appralaal sofhvaa by a la mode, inc. -1-800.A1NA00E Flood Map Oou honour John E. 8 Bac Thi 8707 HAYMARKET WAY ' Mechenkahu Cumberland PA 17050.5211 Lend Law Office of Patritlc F Lauer Jr. ,.L o Prepazed for: Inter Ed Kdppenhaver, Appraisals '~ w+'+^"~+ 6107 Haymarket Wap www.incerROOd.mm • 7-800-252-6633 Mechanicsburg, PA 17050 i `\ j j a t \ \ ~9 `~ ZONE Xy~st~ i! ~~ ;% r. t~~ A ., ~".C ~~F~ ~l PO r \, ~'a% * . S ~~ O . '. ~ ~ ~ i ~ fl `` • ~I' ` l~l MT VIEW f> ` '~ f AIRPORT ~ ~ '. 1 e /n, • ~ 4 { Q~ / 1~ `vJ /S \ ~ ~ ^ ~t \~ FIOOd HBZ3N9 MBP 5,7595 X EX E X. 2ONEX 70 v ya mae~N/mnaion anon A-{~ 71+od mna W load fiAaypN 0AM a1Nra<e, Oot.xl: 7Qar3 1~ ONE i\ P+mana er n•easawo• Tenn MAP.FL000-'TOTAL faN7MOw5' appraisal soM2re by a q mode, inc. -1.800-ALAMOOE Location Map ~,.~ _ ,. ..~: ~N I ~,. _ J~ ~ ~ pp ,.p / s H II~ :. __ 8 ~ J 5 R ' 1 B I - ~4 ~~ ~ 5 ~ 9 ~4 ~/ $ 5 dv ~~ wJ~e'i \ ~~ g .~' ~S ~ ~ _ I%~ 4 6}R d.. ;cell is-:~ ~ ~w >. ~,v~ ~~ ~°YIX p ..._ w~a+y .~ St:. ¢]~~ 8 ~~ wud arm ~_. ~ yd_ _y~ Ya ~ ~\QCMM ~`" '8f4T f t'•'^+V Ew L6 \ d ~a `6 ~ f' aw~c~mi!A.> ::.u~'~° jLnmU \ ~ ~f { ii I~ ~ ~~- v~~ b~ I & ~ 9 r ex ne,..- ~ ~ . c _ R i i ~1 ~ llf -~~ ~' ~ tr ~ v / e ~~ ` ~y~ c~ E >~~~. ~ w~ - c P i n 1 vy ' 4 r ~ \- i `~i" to ~ ' : 6:. ~/' ~ {f ' ~ ~ ~~ r N~ ~. i pry it ~~ ~ 1 ~ l 1; ,11~ ~~ qV ~ 1+ s ~ u r ~ 't s m i ciaM r ~ ~ ` gil ~ ~ L Al V ~ ~1 g1 C ~~ ~ ~~ ~ ~ ~ ~'~y a 5 e°° ~ , f 4 tea. 1, \ ~ ekMTa ~~~"~y~,~~-r- ~.._ fc-~ <.~ ~ _,~; ` V '. et uqa ,/ ~ ~vff r Y i .' I Z ~ ~~ .,B II i` ~IK Ord yevP~ 4~'Pn .-~ A- =~ Ff ~~° 'd ~ 11 "~:~ ~wa°,,,3''v~ s.m r~uwsx• a e9aR~+i ~•~'/~ I~ ~Q '~' /5~. 4# ~ ~~`~" ~'~rK•w*'~c ~ 3F ~eu.~+.V swe G~ 'Y}. ~ ' ., ~ ~~ , dJ, o~~ w.cm ew ~ s ~.' er ¢.~d - a o d' r ~ '\~ ~w.~. ~t~jry ##7 ~ a "~~ l '; ,~Jl '8; e. rte'°'~®!.o wear dye? .I\ ~:. .' :~ ~ a u ) t 8 puV ewmin xMMp~ ~ riH'4~ i m t ~ ~ . M'"" O q a '~ ~ Porn MAP.LOC -'TOTAL for yMOOWS appraisal sorcxare by a W moCe, inc. -1~800~A1AM00E Legal Descriptlon ' ~Y Ivd u,N havM G ~ t4 .,~~~ • ~ W Taw, TiwM, >v . -L t ~ t hEC1ay U'%`ilt4 OF il ? bSa. Oi Ad A ~~_ sy, fjp-.rr~ vim""- ~ .^h h aw . ~ F.ECY-.~: v ......:. ::_ . .. .. g 4aM P Na%Ci n/. s.?. ... ,_ . .. ~B8 ~~~ ~ ~lN ~{ ~' SPECIAL IPAANAaTY DBBD ' .TNZe DEED, made this 1 at day aE r, AA,Y _, 1968 BstY6SN NAM PD EN COOAT 1D1NT 9EYTD AE. INC., a Pe0paylvanii lace o£ bvfi loess sn 3[6,5. 19CR al inel h Lt i p p e px t ;otpa;ati0n. w dtfeet, Philai0lPhia, eend6yl+aa[a. GMNYOA . ARD JONN s. DOaCN6H0UA an0 9AC TN3 COOGH6NOOe, hds7mnd and r1f0, NE neekani.esbuig. Panney lvaafa, ERANT6ES ' MI TNEESETN, That GRANTOR. faC and in CeneldeTa Cl0a e1 tke Oum 0[ Ono Hund xad Th3x ty-TYO 7hovsa pd Ntne xnndced {5132, 400.001• DO11atB and other good and valuable eenaidefatlen, in hand peid, the zeeeipt thecae( is heteDy aeknnrledged, does heteby gsane aed /~. convey to the said GRANTEES, theic heic5 sad adeigne, ' 13 ymatket NayTA iec tcd Sn Nanpden SSevnsDip6nCYmbarl na countyE PennsylvaeSa, Bald ttaet az iand Daing Shorn a9 Lai Nv. 91 on E ina1 plan 0f Hempden Couy t, Phase 2, psopaced Dy GNa C4ibetiand~CountY in Flann Neoka 50~Page 125 aa3d0 tt set nDetn9 mote fY lly bounded sad daaCSib@d sa lolleYat 6ovtD tighc.of ~usy e]ine eo! Neyaazxe taway~beinq a ectnet e[ Gei ae, al; thence ex tenting along Naymackec Neyi on a llna WivS ng to the 1eEt, havln9 i cadiua D( eve kvndrad treaty-five and solo hYndLOd the (225.00) [pet, an ate long th e[ tigDty Dal 7BL0 mundted ihs [60.00) [eet. a ODa:d beafiag e[ Nef th salty-LV0 S62T degxoao tan [l0y minutea fens tOU aeoanda Bast, artd a choT0 dSSCanee a£ s4ven Cy-nlne and (lfey~eight handtadshe (79alongfthe Le a point, a eoznef aE cos No. d3; ehlaeh exWnding, onus, South this ty-039ht 1367 degeeeu see (011 diDY Ces fSve 1057 ' ¢eeende Seat, a dieNnOS e£ one au edLad folly ani Lnitty-LVa hood cod thi 1110.321 feat to a peiht in iinP of Lands oar er ' tornetly Delanging to Depall J. Stanffet; tnenca of tending ~alang zereo fool seeendsiMeli,tea idiaea ce of£eleven+andl eSghty~cro hu0dte0the (11.821 [xt Ca a pofAt a cvtnee of 3tadi i ISaada o€ - NampdeR Ceuft Ceamaaity Cecpeta oleo), thence of uallhq along LM f~eetteena S14)aaeceod kaet,T 87 diateaoe eft eDO h ediedl eigbtd aed eSx haadtad the 1138.061 lose ro a ~.ieo aU10 saw ~IloC th y ateto7aentlaael Got Nv. 41j ehsele -aaediag g ' ~ ~41Y tiif F01111 MNP.Legd-'TOTAL Mr WmOPws' apPGnal sNnnm tY a n motle, us.-i-00oA1AN00E Legal Description Map C,ou nano r John E. 8 Bac Thl 107 HAVMARK WAV Mach nlcsbu C mhea nd PA 17050-5211 Law OMke of Patrick F Lauer Jr. , . ,~ I , , a.veetanA (i7) dmggreea elllriy-el9Dt {]q fladil0 lofty-alt ;46) saeeada Neal, a diataoee OF Oaa Aandtad tVaatY-five and tare Auadted[AS (129,00) tact to ta! plaea of BeDINNLN6, CORSAINtNC 13,699.54 ea/aza rest. SDRJECT to asozf dra lnsgv aaasasa [a •^ abern oa the bDOVe- tefarenead plat. 8E1N0 part OL 4A6 6sfD Dzniaa/ +ahieh RfL11am Cannof4, by ais daod dnsaa 9epcemant 25. 1984. tad eadetded is [ae D£iiee of ibe Reevtdes of OeeAe SD aqd far Cymber2sad Coaaty in Daad cook ><, volnae 30, Psge 3g0, gsan[ed ORB aenveyed ante tlampden Coe TS • Joint yen Care, lnq. a feMSylvaaia cecpoxation. 'UNOBR AND SVBJECT, Apveve C. Ce ea9eaenth COndl tie A9, ree[ttG bone, CFaaLgia tea r89eCYatSRA9 4E tinerd ant easements visible by tnspeceion speeiffeallY ivciudtag tee Deelaza tioa of Pro tee Lille Cavenan t9, Reaeivatieoe Sad Rea tr;atiOAa Of NafpdCA CeaLG Phaee 2 PDeeadal Sn the O4£iae a£ the Raceidet of DDeda in tad fat CateAexlnnd Coavty in Recotd Hook 303, at page 701 en8 Deed of Teast - kampden Covrt-CRmvon Acvas reeotdad is 0ead Root I, YOl nae ]2, at pa9a S9] aa8 Dead Peek 0, Volyme 37 ai pagC 77a. ~ AeD said 0RAA7eR y112 dPECIALLr NARRA97 AND FDRBVBR DSFEND the pzapecty brreny conveyed. IN pITVE55 xNEREOF, the 0pANfOR Aae baLenn LO SVbsCLibed 2ts Wane aaa seal, by and thcongh isa dyly avsfeeixed affieera, the day ' and yeas firs[ nbeve vsittan. ATTES7a dAAN16Rt NANpDBN COORS J0LN4 VENTDaE, INC. ~ I BYt (SEAL) act[ ry ~cst.:-n-=::. i ~: .` i.:: i COrMaONwftCH OF PET1hM;`(iVSNLZw ti ~ ~ COSJa1ONwf#UH Or Pt~'JYLWNIA ~ + L N DEPgRfM9N~ ? _OF M~~vi~faii~+ ~ ti DfPa4E.xENF 3F k?+8PJ' 1,.~1 *,.`4',J't ., ".,~, aR•nF ( s e~ 5 0 __ ., M'nF " .., 6 6 a S 0 0 ._ a a0. iu .- xpAL33 rut 2fa1 i 'r t Eorm MAP.legal-'tOTA1if 7Antl4VS apprdaN soRwafhy a 0 mode, inc.-1-g06P1AMU0E PO Ho ..~ k k - Certificate T3~pe „ ::; ~., Certified ResfdeMWl Appraiser ~ °' ,. -. ., .:.., ... ... v. a ~ 5.2"649 ;~ c a - o ~ 'CertsficateStatus." z ~' Active ~ ~- ~- . a . y ,. _. . `, y„~`~*-._.~-~"5~~ ~ ~ ~ Initial Certiticatioa Date 8 ~' OB/OSH992 - EOMUNDJONNKOPPENHAVER Certificate 2116 SOUTHPDINT DRNE Number NUMNEISTOWN PA 17036 RL001164L I)BPulyC6mminimrroFRo&ssfaeilmdOauµaiwulA6aks- Eocpiratioa Datc 06130/2005 form 6CA-40TAL far Windows' appraisal so0vraie OY a b mode, Inc. -1-006ALANOOE 10/28/2003 SUE 18:34 FAd 717 781 2542 Gunn-~O~er9 Co~erclal 0002/003 ACORD CERTIFICATE OF LIABILITY INSURANCE oi o l n za o msowan 657-3233 FA% TNL7 CERTIPICATE ~183UED ASAMATTER OF It~ORMATION Dodge Insurance ONLYASN CONfERB NO RIGHTS UPON THE CE1tT09CA1E - P O Eoz 900 AL E S I ~EB B F¢~ A ~ ~ GE~T O O ~ N O~ . . T R VE R YT C R A ICIE S B P CaIIp Nill. PA 17001-0900 Vonnie Rotasw! rNSURER8 AFPORDING COVERAGE NAICe ammm Appraisa s y opp var wslwae Yictpr 0. 5 innerer 2316 SoNthPOinta Drive wewaa Nulmalstoaal, PA 17036 wwhaac iawewa Pnuuhm THE PO LICIES OF u~UpANCE LISTED BR OW HOVE BEEN ISSUEDTOTHE I NSUPPD NAMEOP90VE Fat TNEPOOLYPEfdO01NDIGTE0. NOTWrDISTNWN AHieE Nl1Y PE QWNEMENT TERN OIa CONDDIOM ftTAIHTHErN811WWCEAFFOnO OFANYCOX/RACTOR OTHEA D ~ eYINE POYGR OESCP1BEDaf OCt1NENTriRN1aSPEDTTONYnEH THSGERDFIDATE/ahYeE198U®OR ERBN p SOa/ECT70 AIL TNETEMaS,EXClU510NSANDCON01110NS OFauch Pot1Ol ES. 406AEDMTEUMIT66HOVM M AY HAVE SEEN REOUfPD BYPAID ~CWb15. ~ rrPa OPNwlPlhtf Ipyprhyyaq • I 1w11E ratfaAlwauTr uurDicuhuxce a iMAaDklatnelEa.Y U+aanr : CuMawmE QOCLYh MfOiXP Wrwpmml i PePSOwiaAwwysY i ~xEwssanaEaaTe s naaLADDPla,.R L B9 RMPICSPSP.' PROWCTa•CONPIOPAaD i oo- MM PWDGT reGr l0C AV1 ONOaaP11f&Lltt COM1alaDwhal[IpaT i .wrwmp lnammr4 RLCY.1tfL.xlr02 aOaCTMNrtY a itl4'aiAeDAUtnf ' IMpnaa laanl Alrraf ~ YI NIMty S MDN.gWE61.VI08 ~ N DaWEE i PN ~ 6AM6HWaNiY ~YiO WaT.GaC~T f ixraarD 'GIXEETkW1 EAACC 3 NiIOOMT. pqf 9 «cassMMwaluwmtm FACIIOCGNwFNCE S aan ~awaeuoe - aapPSanrc r _ 3 aWUGDw6 a h¢raMllph 1 r YiePMIOCONPEnasTWYUaI h ®IPLYrtna'iw®Y tt ~ ~ 6d. EAtn11000D1f a U m oR @wtlPMEP psA Vp~ ~ IC E.L D6F_+aE-EPFI4505 f M M 9 R N L W~OVm~oMam« eLPIaFA9E-P01aYLWi f p r~ ~l t E t 13319084002 10/31/2003- 10/31/2004 51,000i00U Each- a ^ A Dal s a e 51,000,000 Aggregate rofnssional Errors & ssions 22900 Deductible DSSCwmoxoPOnamTrowarlofnnarervixzfureaxuaouenawoaraNOOhsEaearraPeolvaovuwns axewDUrcuixeuaueapwmw roVam w oaNULLapaerrneTrrt EfIBAigll OARTIaneDP.T2eaaPrBanVllalWELpbPAVaa W Maa - 30 osnMmrallmlccmnrcec+mRCS+eNOWUNU~iorarerr. SPECINEN COPY our riavw ro uuf eufx xorrin axPU mroac xo oauanoa m wrurr orwrlonoulwrmewfuuw.maaemanlmPeaucrsrate A Fom SCA-40TA1 tar Wlndaws' aDPraisal so0ware by a D mode, inc. -1-S00-ALAMOOE RENTALS & PROPERTY MANAGEMENT 3310 MARKET ST. CAMP HII.L, PA. 17011 OFFICE: (717)761-6616 FAX :(717)761-5308 October 13, 2003 John E. Goughenour 4181 Elk Ct. Apt. 101 Mechanicsburg, Pa. 17050 RE: 6107 Haymazket Ct., Mechanicsburg, Pa. Deaz Mr. Goughenour: This letter will confirm our telephone conversation today regarding the current rental value for your property located at 6107 Haymarket Ct., Mechanicsburg, Pa. The current rent value fora 2 sry, 4 bedrooms, 2.5 baths, formal living rm., formal dining rm., family rm., finished lower level and 2 car garage would be $1195. to $]295. The tenants would pay all utilities. Again, this value would be based on the condition of the home. I have also enclosed my qualifications for your records. Please be advised that any additional information or testimony you would be billed accordingly. If you have any questions, please do not hesitate to contact me. Sincerely, -. _._~ / Carlea M. Lenker Associate Broker & Rent Dept. Manager Enclosure _.,, _ ~ ~~ ACT 2 2 1DD3 ~oaw~~a~r~~~~~~~m~~Y~YYJ ~; - QUALIFICATIONS - CARLEA M. LENKER :• PENNSYLVANIA ASSOCIATE BROKERS LICENSE •: CERTIFIED PROPERTY MANAGER -NATIONAL ASSOC. OF REALTORS - CERTIFICATION 1984 •:• SALES AGENT OF THE YEAR - 1997 & 1995 - C. M. DETWEILER, INC. REALTOx •: #1 LISTING AGENT - 1996 , 1995, 1994 & 1993 - C. M. DETWEILER, INC., REALTOx •:• NATIONAL SALES AWARD -THE REALTY ALLIANCE - 1999, 1998, 1997 •: OUTSTAi`dDING TOP PRODUCER IN PROPERTY MANAGEMENT AND SALES - 1992 GREATER HARRISBURG BOARD OF REALTORS •: OUTSTANDING TOP SALES ASSOC. IN PROPERTY MANAGEMENT AND SALES - 1990 -GREATER HARRISBURG BOARD OF REALTORS •: LIFETTME MEMBERSHIP -PENNSYLVANIA ASSOC. OF REALTORS -PAR EXCELLENCE :• FOUNDER,OF CARPOA (CAPITAL AREA RESIDENTIAL PROPERTY OWNERS ASSOC.) •: PROFESSIONAL MERIT AWARD -1993 - GREATER HARRISBURG BOARD OF REALTORS • WINNER'S CIRCLE AWARD -1997 & 1998 & 1999-TOP 5% GREATER HARRISBURG BOARD OF REALTORS - NIEiVIBER FOR 15 YEARS •: LIFE MEMBER IN PRESIDENT'S CLUB - 1999 -HOWARD HANNA DETWEILER REALTY •: EXCELLENCE IN LISTINGS -2001, 2000, 1993, 1997, 1996, 1995, 1994, 1993, 1992, 1991, 1990, 1989, 1988 (1st YEAR FOR AWARD) HOWARD HAi~INA DETWEILER REALTY •: GRI -GRADUATE REAL ESTATE INSTITUTE FULL-TIME AGENT DEDICATED TO THE REAL ESTATE FIELD FOR 27 YEARS AT HOWARD HANNA DETWEILER REALTY [n the Court of Common Pfeas of CGMBERLAND County, Pennsylvania Phone: Fax: Plaintiff Name: Defendant Name: Docket Number: s.~. o o g 3 5' S aoo J PACSES Case Number: S78 ~p3 yS/ Other State ID Number: IMease notr. Aa totrespoadmce mrat Sochtde the PACSES Cane Number. Income and ExoerLCa Statement THIS FORM MUST BE FILLED OUT (If you aze selfemployed or if you aze salazied by a business of which you are owner in whole or part, you mttst also fill out the Supplemental Dome Statement which appears on the last page of this income and expense statement.) / " t INCOME STATEMENT OF ~./yf,~ ~ 6' o U G ltd /iJOcJ~ I verify that the statements made in this I~ome and Expense Statettum are true and correct. I understate thaz false statements herein are subject to the criminal penalties of 18 Pa. C.S. § 4904, relating to unsworn f/alsifica^tio'n to authorities. (P ~.,.bS --Oy Date Plaintiff or Defendant INCOME: Employer _ :~ s/»iA2~ Address ~~y Type of Work_ /yJf/.~A g~Ps~ Payroll No. Gross Pay per Pay Period $ 3 y9~ O~Pay Period (wkly., i-wkly. etc.) Itemized Payroll Deductions: Federal Withholding $l0~9./6 Social Security ~ ~ Local Wage Tax $.?3.9~ State Income Tax $ IeY.S~ Ra< c~a~~ed `°~e $ BB~ $ 9 n ~~~~ $. os Life Insurance $ //r Health Iasurance~'rl"L $~ ~ Other Deductions (specify) /- ~ $'rf - /~~ /~iq!J_ $ 9b~y8 Net Pay per Pay Period $ ~ ~3~ ~y Form IN-008 Service Type Worker ID In[;nn[e and Expe[uc Starement PACSES Caro Number OTHER (Fill in Appropriate Column) ~ ' INCOME WEEK MONTH YEAR Inrerost $ $ $ ~~ ad DiviJends Pension Annuity Social Security Rents - Royalties _. Expense Accoum _ Gifts - Unemployment Compensation Workmen's Compensation -" IRS 12efund ,~ 9Y; ao 7~8~ °~ Other Other TOTAL $ $ $ TOTAL INCOME $ (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mongage ent $ $ (p /~,f QO $ ~, .S `/V. "O Maintenance UtiliJes Elec[ric ;~U.OD 3(0. Jc Gas a9 ~ 3Y~ ~~ Oil Telephone (07 6d ~Dy. o~ Page 2 of 6 Form IN-008 Service Type Worker [D f txutne and Expense Statement PACSES Case Number (Fill in Appropriate Column). EXPENSES (continued) WEEK MONTH YEAR Water S S a, o° $ ,~ (, t/, `' Sewer Employment Public Ttattsportation $ $ $ Lunch • 3U _ ~ ` ' ~ so Taxes Real Estate $ $ $ Persottal Property Income / ~~~. "`' ,2 98~ °" d cC~ ar~~al. ~a~ °° Insttrsttce Homeowners $ $ ~ pd $ ,~, , 08 Automobile /, o° 3 ~~?, oc Life Accident Health Other p~S ~lo• ~ Automobile Payments $ $ $ Fuel 8'7 OL> / a SR/• ~ Repairs o0 Medical Doctor $ $ $ 3v. oa Dentist " Orthodomist s~~Yd/ E~ ~{ yeo $.~t .ter ~,~ ,ay l'lP!'"r 9.x D¢faC ~_ Page 3 of 6 Form IN-008 Service Type Worker ID Income and Expense Statement PACSES Case Number (Fill in Appro riate Column) EXPENSES (continued) WEEK MONTH YEAR Hospital MCdll'InC ~(~, 60 Special needs (glasses. braces, orthopedic devices, a6d.~:-• Education Private School $ 3 $ Pazochial School College ~ a; ^~2„ y 9e o Religious Personal Clothing $ $ (p0 , oc $ J~a.uc Food 1,3p, da 6yo.Oo BarberlHairdresser ~J, ae 60. as Credit Payments: Credit Card Chazge Accotmt 3 rp, ~~ cf ,~~, ~,: Memberships ~ y. Ua ~ d~ ~c Loans Credit Union $ $ -- $ - Miscellaneous Household Help $ $ $ Child Caze Papers/Books/Magaane ~ O ~' / .~,1'• `" Entectairunent O, ao 6a o,~ Pay TV O~ ~.~~ Oc Vacation d0• ~~ ! fi`t' ~` Page 4 of 6 Form IN-008 Service Type Worker [D Income and Expense Statement PACSES Case Number (Ftll to APPmPdate Column) EXPENSES (continued) WEEK MONTH YEAR ~' Gifts (o d0, p 0 Legal Fees p~, G0 Charitahle Contributions ' 3 r G c 6 a a• o0 Other Child Support Alimony Payments Other S ~~ , ~+i s-S',3, ~' ~ y~ ~o a $ $ • TOTAL EXPENSES S $ $ PROPERTY Ownership : OWNED DESCRIPTION VALUE H W J Checking Accounts See f I-T-"pc% e ~ $ a/;1 • c)o ~ V Savings Accounts SP ~ ~} ITgC/ p d 5/ / py a: ~ e-~rr~tm GK'S S~e_ R 1Tt~c.~lad '0 06360 ~/ Sto on t 97.~ae Real Estate ~ p p ~. „ jq c c ~TP'l~, L y CrTi ~s Jds? " SerdKa C /~/9..f"/ TOTAL $ Coverage s INSURANCE COMPANY POLICY H H W C Hospital / ue ost ~p f,;iY Blue Cross " Other %71T ~l /U/ (a(o3 Medical ~ / /u /uss /tee S.l~P Blue Shield other ~ ,Z' /o/ G61- /~8 oa1 ' H -Husband W -Wife C - Combined J -Joint Page 5 of 6 Service Type Form IN-008 Worker ID ~.. , ter: ,, Income and lwxprtue Statement PACSES Case Number ' ~ Coverage INSURANCE COMPANY POLICYN H W C Health/Accident Disability Income Denta! ~;~td C'anlCe,ult,a 6 q y~,ro Other vs"s rru,+~ !a5'`/~ 973d " H -Husband W -Wife C - Combined J -Joint Suoolemental Income Statement a. This form is to be filled out by a person (2j who isparmember of apartnership or jomtventure,oor ~3) who is a shareholder in and is salaried by a closed corporation or similaz entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or stmilaz 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 chazge of financial records: £ 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 Forat IN-008 Service Type Worker ID AXP - My Account Balance Detail ~ Log~ut Main Page WorkWace Retlrement Account(s7 Account Balance by Fund as of 09/06/2001 Page 1 of 2 JOHN E GOUGHENOUR HIGHMARK INVESTMENT PLAN Total market value 5126,748.10 Total vested value $120,748.10 The total market value of all funds below will not equal the total market value of your account if you have an outstanding loan balance. r ransn:r runes Fund Name NAV` Market Value INCOME FUND ii 21.511 $0.00 AXP CASH MGMT Y 1.000 $0.00 PIMCO TL RTADM 10.72 $0.00 SHRT HORIZON25:75 17.664 $0.00 MED HORIZON 50:50 20.84 $0.00 LNG HORIZON 65:35 10.586' $6,262.26 BRINSON INTLEQ I 10.070 $0.00 AXP STOCK FUND Y 18,970 $12,786.72 LNG HORIZON 80:20 21.687 $6,128.35 EQUITY INDEX I 32.388 $30,503.08 AXP NEWDIM Y 23.290 $27,473.60 LNG HORIZON 95:5 10.589 $7,376.20 SM CAP EQ INDEX I 11.019 $36,217.89 JANUS OVERSEAS FD 19.040 $0.00 JANUS TWENTY FUND 36:500 $0.00 AXP is a registered trade mark of American Express Company. Did you know? `NAV stands for Net Asset Value. It is the value of a fund's share (or unR, ff applicable) determined by deducting the fund's liabilities from the total asset of the fund, and dividing this amount by the number of shares (or untts, if applicable) outstanding. Investment election changes and fund transfers are two separete types of Vansactions. Investment election changes impact how future money will be allocated•to your account, and transfers move existing fund balances. fF you have any questions on the above information, please tali 1800.847-7227 and talk to a customer service representative. Representatives are available any htl:ps://ww~l3.americanexpress.com/retirement/myaccount/Ieve12/default.asp7pc=bal 09/07/2001 Customer Service & Feedback i ~I~GI-INt/~RKz Re: HIGHMARK RETIREMENT PLAN ESTIMATE John Goughenour 4181 Elk Court Apt 101 Mechanicsburg, PA 17050 Calculation Assumptions: (please notify Employee Benefits of any errors) Prepared 05/02 Birth Date: 05-10-1958 Spouse Date of Birth: 06-19-1958 SSN: 165-48-9330 Hire date: 10-14-1985 Payment Options -September 7, 2001 Retirement Date/Taken at Age 65 Option Monthly Benefit Life Annuity $1,214.34 Payable for lifetime of retiree Joint & Survivor 50% $1,113.55 Payable for lifetime of retiree $556.78 Payable to beneficiary after death of retiree 66 2/3% $1,083.19 Payable for lifetime of retiree $722.16 Payable to beneficiary after death of retiree 100% $1,028.55 Payable for lifetime of retiree $1,028.55 Payable to beneficiary after death of retiree Period Certain 5-Year $1,189.08 Payable for lifetime of retiree. If retiree dies before 60 payments are issued; payments continue to a designated beneficiary for remainder of period. 10-Year $1,125.33 Payable for lifetime of retiree. If retiree dies before 120 payments are issued; payments continue to a designated beneficiary for remainder of period. NOTE: This estimate is based on the terms of the current plan document and does not project any future increases in salary. The terms, conditions and limitations, induding any amendments, of the plan document wilt govern. My questions will be resolved by~reference to me terms of these documents. Highmark Inc. reserves the right to amend the plan from time to time or terminate the plan. LAW OFFICES OF PATRICK F. LAUER, JR., LLC 2108 MARKET STREET CAMP HILL, PA 17011 Invoice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 June 02,2004 Invoice # 11769 Professional Services Hrs/Rate Amount 5/12/2004 MLM PHONE CALL w/OPPOSING COUNSEL 0.20 30.00 PHONE CALL w/CLIENT 150.00/hr 5/20/2004 MLM REVIEW CORRESPONDENCE 1.00 150.00 REVIEW APPRAISAL 150.00/hr PHONE CALLS LETTER For professional services rendered 1.20 $180.00 Previous balance ($1,240.00) Credit balance ($1,060.00) ~,,~_ 'LAW OFFICES OF PATRICK F. LAVER, JR., LLC 2108 MARKET STREET CAMP HILL, PA 17011 Inwice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 May 03, 2004 Inwice # 11738 Professional Services 3/30/2004 REVIEW CORRESPONDENCE PHONE CALL w/CLIENT FAXTO OPPOSING OCUNSEL 4/19/2004 DRAFT DOCUMENT 4/20/2004 CLIENT CONSULTATION For professional services rendered PreviOUS balance Credit balance Hrs/Rate Amount 0.30 45.00 150.00/hr 0.50 75.00 150.00/hr 0.30 45.00 150.00/hr 1.10 $165.00 ($1,405.00) ($1,240.00) LAW OFFICES OF PATRICK F. LAUER, JR., LLC 2108 MARKET STREET CAMP HYLL, PA 17011 Invoice submitted to: JOHN GOUGHENOLIR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 March 30, 2004 Invoice # 11712 Professional Services 3/24/2004 STAFF CONFERENCE LETTER TO OPPOSING COUNSEL For professional services rendered Previous balance Credit balance Hrs/Rate Amount 0.20 30.00 150.00/hr 0.20 $30.00 ($1,435.00) ($1,405.00) 1 LAW OFFICES OF PATRICK F. LAUER, JR., LLC 2108 MARKET STREET CAMP HILL, PA 17011 Invoice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 March 04, 2004 Invoice # 11690 Professional Services HrslRate Amount 2!2/2004 LETTER TO OPPOSING COUNSEL 0.30 45.00 150.00/hr 2/26/2004 LETTER TO OPPOSING COUNSEL 0.20 30.00 150 AO/hr For professional services rendered 0.50 $75.00 Previous balance ($310.00) 2/9/2004 Payment -thank you. Check No. 8042 ($1,200.00) Total payments and adjustments ($1,200.00) Credit balance ~ ($1,435.00) LAW OFFICES OF PATRICK F. LAVER, JR., LLC 2108 MARKET STREET CAMP HILL, PA 17011 Invoice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 February 03, 2004 Invoice # 11668 Professional Services Hrs/Rate Amount T/9/2004 PHONE CALL w/CLIENT 0.20 30.00 150.00/hr 1/16/2004 CLIENT CONSULTATION 1.20 180.00 REVIEW DOCUMENT 150.00/hr 1/19/2004 PHONE CALL w/CLIENT 0.20 30.00 150.00/hr For professional services rendered 1.60 $240.00 Previous balance ($550.00) Credit balance ($310.00) ~.,~ LAW OFFICES OF PATRICK F. LAUER, JR., LLC 2108 MARKET STREET CAMP HILL, PA 17011 Invoice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 December O8, 2003 Invoice # 11631 Professional Services Hrs/Rate Amount 12/2/2003 DRAFT DOCUMENTS 0.60 90.00 LETTER TO OPPOSING COUNSEL 150.00/hr For professional services rendered 0.60 $90.00 Previous balance ($640.00) Credit balance ($550.00) LAW OFFICES OF PATRICK F. LAUER, JR., LLC 2108 MARKET STREET CAMP HILL, PA 17011 kiwice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 Noeember 04, 2003 Inwice # 11608 Professional Services Hrs t Amount 10/6/2003 PHONE CALL TO ATTY 0.20 30.00 l 150.00/hr 10/7/2003 PHONE CALL TO CLIENT 0.30 45.00 LETTER 150.00/hr 10/20/2003 PHONE CALL TO CLIENT 0.20 30.00 150.00/hr For professional services rendered 0.70 $105.00 PreHOUS balance ($745.00) Credit balance ($640.00) l .. LAW OFFICES OF PATRICK F. LAUER, JR., LLC 2108 MARKET STREET CAMP HILL, PA 17011 Invoice submitted to: JOHN GOUGHENOUR. 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 October O6, 2003 Invoice # 11589 Professional Services 9(17/2003 REVIEW FILE For professional services rendered Previous balance Credit balance HrslRate Amount 020 30.00 150.00/hr 0.20 $30.00 ($775.00) ($745.00) ~ LAW OFFICES OF PATRICK F. LAUER, JR., LLC 2108 MARKET STREET CAMP HILL, PA 17011 Invoice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 September 02, 2003 Invoice # 11578 Professional Services 8/26/2003 DRAFT DOCUMENTS i REVIEW CORRESPONDENCE ' LETTERS 8/27/2003 RESEARCH For professional services rendered Previous balance Credit balance Hrs/Rate Amount 0.80. 120.00 1 SO.OOmr 0.20 30.00 150.00/hr 1.00 $150.00 ($925.00) ($775.00) r { LAW OFFICES OF PATRICK F. LAUER, JR., LLC 2108 MARKET STREET CAMP HILL, PA 17011 Inwice submitted to: JOHN GOUGIiENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 May 07, 2003 Inwice # 11528 Professional SerHCes 4/23/2003 SUPPORT HEARING For professional services rendered Pre~ous balance Credit balance Hrs/Rate Amount 1.00 150.00 150.00/hr 1.00 $150.00 ($1,075.00) ($925.00) ( LAW OFFICES OF PATRICK F. LAUER, JR. 2108 MARKET STREET CAMP HILL, PA 17011 Invoice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 April 02, 2003 Invoice # 11505 Professional Services Hrs/Rate Amount 3/7/2003 CLIENT CONSULTATION 0.40 60.00 ( 150.OOmr For professional services rendered 0.40 $60.00 Previous balance ($835.00) 317/2003 Payment -thank you. Check No. CreditCard ($300.00) Total payments and adjustments ($300.00) Credit balance ($1,075.00) LAW OFFICES OF PATRICK F. LAUER, JR. 2108 MARKET STREET CAMP HILL, PA 17011 Invoice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 January O8, 2003 Invoice # 11453 Professional Services 12/12/2002 PHONE CALL For professional services rendered Previous balance Credit balance 0.20 NO CHARGE 150.00/hr Hrs/Rate Amount 0.20 $0.00 ($835.00) ($835.00) - ,. C LAW OFFICES OF PATRICK F. LAUER, JR. 2108 MARKET STREET CAMP HILL, PA 17011 Inwice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 December 10, 2002 Inwice # 11430 Professional SerNces Hrs/Rate Amount 11/13/2002 REVIEW CORRESPONDENCE REVISE LETTER 0.20 30.00 150.00/hr For professional services rendered 0.20 $30.00 PreHOUS balance ($865.00) Credit balance ($835.00) LAW OFFICES OF PATRICK F. LAVER, JR. 2108 MARKET STREET CAMP HILL, PA 17011 lnwice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 Noiember O5, 2002 Inwice # 11399 Professional Services Hrs/Rate Amount 10!23!2002 REVIEW FILE 0.60 90.00 LETTER 150.00/hr For professional seruces rendered 0.60 $90.00 PreHOUS balance ($955.00) Credit balance ($865.00) LAW OFFICES OF PATRICK F. LAUER, JR. 2108 MARKET STREET CAMP HILL, PA 17011 Inwice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 September 30, 2002 Inwice # 11374 Professional Services 9/20/2002 CLIENT CONSULTATION For professional services rendered Pretious balance 9I20l2002 Payment -thank you. Check No. Cred. Cana Total payments and adjustments Credit balance Hrs/Rate 0.30 150.00/hr 0.30 Amount 45.00 $45.00 ($445.00) ($555.00) ($555.00) ($955.00) ~; LAW OFFICES OF PATRICK F. LAUER, JR. 2108 MARKET STREET CAMP HILL, PA 17011 Inwice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 May 09, 2002 Inwice # 11230 Professional Services 5/1/2002 PHONE CALL For professional services rendered Previous balance Credit balance rs Rate Amount 0.20 30.00 150.00/hr 0.20 $30.00 ($475.00) ($445.00) LAW OFFICES OF PATRICK F. LAVER, JR. 2108 MARKET STREET CAMP HILL, PA 97011 Inwice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 March 06, 2002 Inwice # 11187 Professional Services Hrs/Rate _ Amount 2/4/2002 LETTER 0.20 NO CHARGE 150.00/hr ?J8/2002 PHONE CALL 0.20 NO CHARGE 150.00/hr For professional services rendered 0.40 $0.00 Previous balance ($370.00) 2/7/2002 Credit ($105.00) Total payments and adjustments ($105.00) Credit balance ($475.00) LAW OFFICES OF PATRICK F. LAUER, JR. 2108 MARKET STREET CAMP HILL, PA 17011 Inwice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 February O5, 2002 Invoice # 11158 Professional Services t 1/4/2002 PHONE CALL LETTERS 1/2812002 PHONE CALL 1/31/2002 CLIENT CONSULTATION LETTER PREP FOR SUPPORT CONFERECE 2/1/2002 SUPPORT CONFERENCE SUPPORT CONFERENCE For professional services rendered Previous balance Credit balance Hrs/Rate Amount 0.30 45.00 150.00/hr 0.20 NO CHARGE 150.00/hr 0.30 45.00 150.00/hr 0.70 105.00 150.00/hr 0.70 105.00 150.00/hr 2.20 $300.00 ($670.00) iasrv.ov/ LAW OFFICES OF PATRICK F. LAVER, JR. 2108 MARKET STREET CAMP HILL, PA 17011 Invoice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 January 02, 2002 Invoice # 11136 Professional Services Hrs/Rate Amount 12/14/2000 CLIENT CONSULTATION 0.40 60.00 150.00/hr For professional services rendered 0.40 $60.00 Previous balance ($730.00) Credit balance ($670.00) ~~, LAW OFFICES OF PATRICK F. LAVER, JR. 2108 MARKET STREET CAMP HILL, PA 17011 Invoice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 December 06, 2001 Invoice # 11105 Professional Services Hrs/Rate Amount 11/19/2001 PHONE CALL 0.20 30.00 RESEARCH 150.00/hr Fof professional services rendered 0.20 $30.00 Previous balance ($760.00) Credit balance ($730.00) C LAW OFFICES OF PATRICK F. LAVER, JR. 2108 MARKET STREET CAMP HILL, PA 17011 Inwice submitted to: JOHN GOUGHENOUR 4181 ELK COURT, APT. 101 MECHANICSBURG PA 17050 October 02, 2001 Inwice # 11044 Professions{ Services 9/7/2001 CLIENT CONSULTATION 9/11/2001 DRAFT DOCUMENTS LETTERS 9/28/2001 PHONE CALL For professional services rendered Additional Charges 9/18/2001 FILING FEE OF DNORCE Total costs Total amount of this bill Previous balance 9/12/2001 Payment -thank you Total payments and adjustments Hrs/ a e Amoun 0.20 30.00 150.00/hr 1.20 180.00 150.00/hr 0.20 30.00 150.00/hr 1.60 $240.00 195.50 $195.50 $435.50 ($1,000.00) ($195.50) ($195.50) JOHN GOUGHENOUR Credit balance Page y Amoun ($760.00) ~9;._ ~i i ~~ JOHN E. GOUGHENOUR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5451 Civil '~a ~ v-~ BAC T. GOUGHENOUR :CIVIL ACTION -LAW ` ~ "~ ~ ~'"'_ Defendant : IN DIVORCE -s `' ' c-~~ -. a .rn - -x r, 7 DEFENDANT'S AFFIDAVIT OF CONSENT tee-, ~ { UNDER SECTION 3301(c) OF THE DIVORCE CODE f c~ ~. 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 18, 2001. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. 4. 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. § 4904 relating to unswom falsification to authorities. Date: ~"' a- ~ d' OS Signature: ~"~ 1 ~~ Bac T. Goughenour JOHN E. GOUGHENOUR, Plaintiff vs. BACT.GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~~ t ? ~-~ ~ :- ~'.' .~ No. 01-5451 Civil " CIVIL ACTION-LAW> ~' " '~~~'`-' . __.. _„ ~ IN DIVORCE `j' '"'- "-'{ -- _ _ _ ',..~ ~.~' :rr C:. t.fY DEFENDANT'S WAIVER OF NOTICE OF INTEN'F110N~~=~ TO REQUEST ENTRY OF A DIVORCE DECREE ter' ~` UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 3. 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. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: -2 -- 10_ Us' Signature: /1 ~~ ` ~~~~ Bac T. Goughenour JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE c ~ r- ra ~s; ~ ~ , -s, . „ , r~'2 c ;i: ` -~ ~ ~~; -c, <~, ~~~ y =.° c__ a~z __, Force:-`Cod~,was-~led on PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE A complaint in divorce under Section 3301(c) of the September 18, 2001. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: G~~D"-~s~ Signatures ~ o~nour JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE t-, ,~- Y . C.. : y _ t R, _..., ~ ~~ - : „_ -. V l ~J'6 n ^Sl A ..o ~~ - ~. ~ ~~ PLAINTIFF'S WAIVER OF NOTICE OF It TO REQUEST ENTRY OF A DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 3. 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. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: ~ /P ~~~ Signatare~ ~7~~ ~~~~ l/ John E. ou enour JOHN E. GOUGHENOUR, Plaintiff v. BAC T. GOUGHENOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-5451 CIVIL TERM ORDER OF COURT AND NOW, this 29~' day of April, 2004, upon consideration of Plaintiff's Petition for Allowance of Entry upon Marital Property for a Physical Inspection and Appraisal, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ~,. BY THE COURT, /Marlin L. Markley, Esq. 2108 Market Street Aztec Building Camp Hill, PA 17011-4706 Attorney for Plaintiff Richard Wagner, Esq. 2233 North Front Street Harrisburg, PA 17110 Attorney for Defendant /~ ~~~~~ esley Oler, ., -r •n oy-zq-o~ J. :rc ,.. 8S ~ I i ~!~ 6Z 21~d i00Z ~3I~!t}'-Q~'1!~ ~~ S •. ~ APR 2 3 2004 ~ 6 ,, /,'~, JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01-5451 Civil BAC T. GOUGHENOUR :CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER AND NOW, this day of 2004, upon consideration of the Plaintiff's Petition for Allowance of Entry Upon Marital Property for Physical Inspection and Appraisal the Petition is granted. BY THE COURT: J. Distribution: -Marlin L. Markley, Esq., 2108 Market St., Camp Hill, PA 17011 -P. Richard Wagner, Esq., 2233 North Front St, Hamsburg, PA 17110 f JOHN E. GOUGHENOUR, Plaintiff vs. BAC T.GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE PETITION FOR ALLOWANCE OF ENTRY UPON MARITAL PROPERTY FOR A PHYSICAL INSPECTION AND APPRAISAL 1. Petitioner is, John E captioned divorce action. Goughenour, Plaintiff in the above- 2. Respondent is Bac T captioned divorce action. Goughenour, Defendant in the above- 3. Petitioner and Respondent are the owners of real estate and personal property which are marital property. 4. The marital assets are substantial in value and need to be appraised. 5. Respondent has been in exclusive possession of real estate and its contents since the parties separated in September 2001. 6. Petitioner requests allowance to inspect, appraise, photograph and/or videotape the premises. 7. Without the opportunity for Petitioner and/or his representative(s) to inspect and appraise the premises, his ability to present fully the relevant testimony in the equitable distribution proceedings will be impaired. 8. Petitioner has requested respondent to provide petitioner with dates and times that she would allow an appraisal to be done. 9. Respondent has not provided Petitioner with any dates and times that she would allow an appraisal to be done. WHEREFORE, Petitioner requests that this Court enter an Order granting the Petition for Allowance of Entry Upon Marital Property fora Physical Inspection and Appraisal. Date: "', ~~ ~-zLY7"' Respectfully s 'tted, azlin azkley, Esquire 2108 Mar et Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Attorney for Petitioner .. JOHN E. GOUGHENOUR, Plaintiff vs. BAC T.GOUGHENOUR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5451 Civil CIVIL ACTION -LAW IN DIVORCE I verify that the statements made in this PETITION FOR ALLOWANCE OF ENTRY UPON MARITAL PROPERTY FORA PHYSICAL INSPECTION AND APPRAISAL are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: - t1 -oy Signature: ohn g gh our JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01-5451 Civil BAC T. GOUGHENOUR :CIVIL ACTION -LAW Defendant : IN DIVORCE I, Marlin L. Markley, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Petition for Allowance of Entry Upon Marital Property for a Physical Inspection and Appraisal upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: P. Richard Wagner, Esquire 2233 North Front Street Harrisburg, PA 17110 g~~ ~ ~~~7 Date: ~Olarlin L. arkley, Esquire 2108 Mar et Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ~' N m ~ a ij 7 ~~ -~ S~ ~; V?~ ~ N 177 F~'3 ~" tv T ~ j? -~, "~' rn N iC J ~ . ~~ LAW OFFICES JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA, JR. MANCKE, WAGNER &SPREHA 2233 NORTH FRONT STREET HARRISBURG. PA 17170 PHONE (717) 234-7051 FAX (717) 234-7080 June 28, 2004 Band Delivered E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Goughenour Dear Mr. Elicker: Enclosed herein please find aPre-Trial Statement on behalf of my client, Bac Goughenour. Your attention is appreciated ,per PRW/dks Enclosure Sent Via Fax cc: Marlin L. Markley, Esq. (w/encl.) Account Access, Account Balance AccauntAccess Your Civilian Account Page 1 of 1 Account Balance Your account balance based on the most recent share prices as of close of business 02/08/2005 is shown below. This information is updated by 6 a.m. eastern time of each business day. On occasion, heavy volume during the nightly processing cycle may delay the update a few hours. Contributions to your account are being invested as follows: G FUND 60%, F FUND 30%, C FUND 10%, S FUND 0%, I FUND 0% Investment Fund Shares Share Price Balance Distributior G FUND GOVERNMENT SECURITIES 3,778.1167 $10.73 $40,539.19 32.59% F FUND FIXED INCOME INDEX 3,500.3618 10.54 36,893.81 29.67% C FUND COMMON STOCK INDEX 3,658.7438 12.83 46,941.69 37.74% S FUND SMALL CAP STOCK INDEX 0.0000 14.54 0.00 0.00% I FUND INTERNATIONAL STOCK INDEX 0.0000 15.22 0.00 0.00% Total $124,374.69 100.00% Logout https://tspweb2.tspsec.tsp.gov/NASApp/tsp/authenticate.do?_name=nfclogin&SessionKey$=1 2/9/2005 =~ JOHN E. GOUGHENOUR v. BAC T. GOUGHENOUR ORDER AND NOTICE SETTING HEARING TO: John E. Goughenour Marlin L. Markley Bac T. Goughenour P. Richard Wagner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. O1 - 5451 IN DIVORCE Plaintiff Counsel for Plaintiff Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 10th day of February 2005 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Date of Order and Notice: 11/16/OA- By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 LAW OFFICES JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA, JR. MANCKE, WAGNER &SPREHA 2235 NORTH FRONT STREET HARRISBURG, PA 17110 PHONE (7f 7) 2347051 FAX C/f 71 2347080 October 13, 2004 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Goughenour Dear Bob: I spoke with Marlin Markley on October 11, 2004, and we acknowledged that we were supposed to give you a call on Friday, October 8, 2004, with an update. However, the pension company that has Mrs. Goughenour's pension has indicated that they do not do pension valuations, therefore, my client has authorized me that I forward it to Allentown for purposes of an appraisal. That was done by letter of October 11, 2004. We do not expect to have the information in time for the next conference, therefore, the suggestion that Mr. Markley and I have is that we use the hearing date that has been set as the next settlement date. If this meets with your approval, please advise. agner PRW/dks cc: Marlin Markley, Esq. Ms. Bac Goughenour Apri16, 2005 Dear Richard, I'm writing this letter to request you to immediately ask Mr. Marlin Markley to provide you with the accrued monthly pension of Mr. John Goughenour for either Dec 31, 2004 or Jan 31, 2005 so Mr. Harry Leister could do the pension update for John and me as required by the new law (Act 175) that took effect on Jan 31, 2005. Harry said it only takes him 3 days to do it. This should have been done 5 weeks ago. Then I found out just yesterday that you and Marlin have agreed not to do it without my knowing about it. Again I had never agreed to what you and Marlin had decided. Also, Harry said he never received any pension papers he requested from your office even though I sent those papers to your office on Feb 25, 2005 which was 5 weeks ago. For your information, I called the Master office, and the secretary said the Master has been out of the country and should be back tomorrow. She said he still looks over the transcript so you should still have the time to get this pension update done. She also said you sent your assets/debts list to their office a couple of weeks ago which meant before we met on Mazch 30, 2005. I would really appreciate it if you and Mr. Markley get this issue resolved immediately. Sincerely, ~ r~' Bac Goughenour Cc: Mr. Marlin Markley Mr. Bob Elicker ~-~~~ ~~ ~eT ~ ~ ', ~- _ w; ""~~ n~ ;., 111///( ~ ~' 4L u l ~ ' ~ 7 ~. 9 ~/ ~ '° ~ ~ ~ W FFv~ T 1~ ~ ~ ~ ~ ~- ~ U~ ~~ ~ ~ 0 d ~ ~ ~ ~ .~ ~ ~, ~- ~~ z .> ~: ~ ~ g- ~, ~. ,~ ~:, .~. ('rI ~a {"1 D'•• ,~, 5 Apri18, 2005 Dear Richazd, After reviewing your letter to Mr. Elicker dated April 1, 2005, I did not see the claim of legal fees for $4,450 on that letter. I had indicated this on my letter dated March 31, 2005 that was given to you. I request that you add this to your list as soon as possible for Mr. Elicker to review. In addition, I would like you to add to your list for the claims of 6% of the sale tax and 1% of the title transfer fees for the house as the new law required. Thank you very much for your attention to this matter. Sincerely, Bac Goughenour Cc: Mr. Robert Elicker s,,,a ~ 4`.?~i i~ a y ' ~ ~ ~ _ .; ,~s w ~ ~ -, <~ _ 0 ~. ~ ~, ~~~~~, ,; ~ .~ ~ -- ~. ~ ~ d w `v ~, ~ Sib ~ d'~ ~ ~ ~ ~ ~ r. ~ ~~ ~_ •~ ~ ~~ ~ ~ 3 w ~ ~ o ~ Z ~ d W d (/) ~ V H ,~ ~.5 ~ ~ ¢ ¢ `~ J © ~ ~ s~ ~~ ,.,; r~i ~'~ .~.. i~~. .,.., ,;;~ ~... .y) JOHN B. MANCKE P. RICHARD WAGNER EDWARD F. SPREHA, JR. LAW OFFICES MANCKE, WAGNER &SPREHA 2233 NORTH FRONT STREET HARRISBURG, PA 1]110 April I I, 200 E. Robert Flicker, Esquire 9 North Hanover Street Cazlisle, PA 17013 Re: Goughenour Dear Mr. Elicker: PHONE (]17) 294]031 FAX (77~ 2347080 I believe Ms. Goughenaur has written to you in a letter dated April 8, 2005, and I am sorry that she has done so without going through appropriate channels. Please accept this letter as a request for you to consider the legal fees paid by Ms. tioughenour and the sales tax and transfer fees. I realize we had discussed these mailers, however, my client wishes dus to again be brought to your attention. Your attention is appreciated. f~ ~~ PRWldks cc: IYIs. Bac Goughenour LAW FIRM OF LINDA A. CLOTFELTER 5021 EAST TRINDLE ROAD, SUTI'E 100 MECHANICSBURG, PENNSYLVANIA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 Apri122, 2005 Marlin L. Markley, Esquire 2108 Market Street Camp Hill, PA 17011 E. Robert Elicker, II, Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Goughenour v. Goughenour -Divorce Dear Gentleman: Please be advised that Bac T. Goughenour has retained the undersigned to represent her in this divorce proceeding. Accordingly, we have enclosed for service upon you her Exceptions to the Master's Report. Please let me know if you have any questions and I stand ready to assist in any manner. truly yours, A. Clotfelter Enclosures JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW NO. Ol - 5451 CIVIL BAC T. GOUGHENOUR, : IN DIVORCE Defendant ~ ~ n ~. _~ , sue, ~ ;_ DEFENDANT'S EXCEPTIONS TO MASTER'S REPORT ~~ ' . i' ; ; _ ~-~~ r.l, - ,-' n7 ......, 1: -ri TO THE HONORABLE JUDGES OF THE COURT: _` ' ~ - ==.' ::~ ~ _~ :< Defendant, Bac T. Goghenour, by and through her counsel, Linda A. Clotfelter, take the following exceptions to the Master's Report and Recommendation filed April 13, 2005, and respectfully represent that: The Master's determination that Plaintiffs net monthly income is $5,041.81 was in error. 2. The Master erred when he failed to consider an updated value on the pension plans of the parties and instead relied upon the values of the pensions from September 7, 2001. 3. The Master failed to consider the costs and expenses of the future sale of the residence as required by the newly revised Pennsylvania Divorce Code, Section 3502. 4. The Master erred in calculating the award to Plaintiff for fair rental value. 5. The Master's distribution of 45%o to Plaintiff and 55% to Defendant was in error, and, upon an evaluation of the pertinent factors, a distribution of 40% to Plaintiff and 60% to Defendant would be in order. WHEREFORE, Defendant, Bac T. Goughenour, respectfully requests that this Honorable Court consider her exceptions to the Master's Report and Recommendation, review the evidence before the Court, and enter a final order. n 1 JOHN E. GOUGHENOUR, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW NO. Ol - 5451 CIVIL BAC T. GOUGHENOUR, : IN DIVORCE Defendant CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of DEFEDANT'S EXCEPTIONS TO MASTER'S REPORT was served upon the interested parties by way of United States First Class Mail, postage prepaid, addressed as follows: Marlin L. Markley, Esquire 2108 Market Street Camp Hill, PA 17011 E. Robert Elicker, II, Divorce Master 9 North Hanover Street Carlisle, PA 17013 LAW FIRM OF LINDA A. CLOTFELTER Dated: nda A. Clotfelter, Esquire ttorney ID No. 72963 021 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Dated: ~ S Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER nda A. Clotfelter, Esquire ttorney ID No. 72963 5021 East Trindle Road, Sui Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile d., ti JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Ol - 5451 CIVIL IN DIVORCE DEFENDANT'S EXCEPTIONS TO MASTER'S REPORT TO THE HONORABLE JUDGES OF THE COURT: Defendant, Bac T. Goghenour, by and through her counsel, Linda A. Clotfelter, take the following exceptions to the Master's Report and Recommendation filed April 13, 2005, and respectfully represent that: The Master's determination that Plaintiffs net monthly income is $5,041.81 was in error. 2. The Master erred when he failed to consider an updated value on the pension plans of the parties and instead relied upon the values of the pensions from September 7, 2001. 3. The Master failed to consider the costs and expenses of the future sale of the residence as required by the newly revised Pennsylvania Divorce Code, Section 3502. 4. The Master erred in calculating the award to Plaintiff for fair rental value. The Master's distribution of 45% to Plaintiff and 55% to Defendant was in error, and, upon an evaluation of the pertinent factors, a distribution of 40% to Plaintiff and 60% to Defendant would be in order. WHEREFORE, Defendant, Bac T. Goughenour, respectfully requests that this Honorable Court consider her exceptions to the Master's Report and Recommendation, review the evidence before the Court, and enter a final order. JOHN E. GOUGHENOUR, Plaintiff vs. BAC T. GOUGHENOUR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. Ol - 5451 CIVIL IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of DEFEDANT'S EXCEPTIONS TO MASTER'S REPORT was served upon the interested parties by way of United States First Class Mail, postage prepaid, addressed as follows: Marlin L. Markley, Esquire 2108 Market Street Camp Hill, PA 17011 E. Robert Elicker, II, Divorce Master 9 North Hanover Street Carlisle, PA 17013 LAW FIRM OF LINDA A. CLOTFELTER Dated:~_ nda A. Clotfelter, Esquire ttorney ID No. 72963 021 East Trindle Road, Suite Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Respectfully submitted, Dated: ~ S LAW FIRM OF LINDA A. CLOTFELTER 'lfinda A. Clotfelter, Esquir ttomey ID No. 72963 5021 East Trindle Road, S' Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile r•~ ~_ Q 'Yi {_ c~ u „. ., ~. -cam' -III ~ ,? :' 1» N ~ ~> C 7 PC `'. =j ~ mac ~ , L~~ ~~ ~~ Office of the Prothonotary Cumberland County Curtis R Long Prothonotary E. ROBERT ELICKER, II DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE PA 17013 DATE: MAY 12, 2005 TO: E. ROBERT ELICKER, II DIVORCE MASTER: THIS IS TO NOTIFY YOU THAT CASE NUMBER 01-5451 CIVIL , JOHN E. GOUGHENOUR VS. BAC T. GOUGHENOUR HAS BEEN LISTED FOR ARGUMENT ON JUNE 1, 2005. Cumberland County Argument Court Rules 1028(c), 1034(a) and 1035.2(a) shall be strictly enforced. If the issue was listed for prior argument you must re-file your brief as per Local Rule 1028(c)10. Curtis R. Long Prothonotary