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HomeMy WebLinkAbout06-2974STACY B. WOLF, ESQUIRE ATTORNEY In NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF DARWIN W. GOSHORN, Plaintiff V. NANCY E. GOSHORN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06 -?97y CIVIL TERM IN 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 are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 89732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARWIN W. GOSHORN, Plaintiff V. NANCY E. GOSHORN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. D6 - 1 9 7`/ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(-C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Darwin W. Goshom, an adult individual residing at 7500 Molly Pitcher Fliighway, Lot 63, Shippensburg, Franklin County, Pennsylvania 17257. 2. The defendant is Nancy E. Goshom, an adult individual residing at 4 Curtis Avenue, Newburg, Cumberland County, Pennsylvania 17240. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on September 3, 1977, in Newburg, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. WOLF & WOLF tfh4Q?3 J2006 Y. "A' 0 - ? STACY B. OLF, ESQUI Supreme Court ID #88732 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff 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. Section 4904, relating to unworn falsification to authorities. 3 , 2006 Darwin W. Goshom, Plaintiff N C) L„ -c t- y> n7 CID CT1 STACY R. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF DARWIN W. GOSHORN, Plaintiff v. NANCY E. GOSHORN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06 - e?9 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotarys Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. CS. Section 4904 relating to lSVW 0 falsification to authorities. r rV -nCm? -t7 lliicc,. ..2 3 -/--12006 Dain W. Gosholn, Plaintiff # t n O'1 < N -n i? STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 98732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARWIN W. GOSHORN, Plaintiff v. NANCY E. GOSHORN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06 - 2974 CIVIL TERM : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about January 19, 2006 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made m this affidavit 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 unworn falsification to authorities. 2008 Darwin W. Goshorn STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARWIN W. GOSHORN, Plaintiff V. NANCY E. GOSHORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 06 - 2974 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that on January 30, 2008, I caused to be mailed a copy of the foregoing Affidavit Under Section 3301(d) upon the following person, by United States Mail, addressed as follows: Date: January 30 '2008 Richard L. Webber, Esquire 126 E. King Street Shippensburg, PA 17257 Counsel for Defendant By: Respectfully submitted, WOLF & WOLF Stacy B. Wo Esquire 10 West Fig Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff c= c.. m C(fn o DARWIN W. GOSHORN, Plaintiff/Respondent V NANCY E. GOSHORN, Defendant/Petitioner To: Darwin W. Goshorn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2974 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When grounds 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 Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Lawyer Referral Service 717-249-3166 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 DARWIN W. GOSHORN, Plaintiff/Respondent V NANCY E. GOSHORN, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2974 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE NOW COMES, the Defendant/Petitioner, Nancy E. Goshorn, and files this Petition for Related Claims Under Divorce Code, averring as follows: COUNT I -ALIMONY 1 2 3 4. 5 6. Petitioner is Defendant above named, who currently resides at 304 Edison Drive, Shippensburg, Franklin County, Pennsylvania 17257. Respondent is the Plaintiff above named, who currently resides at 21 Tiffany Drive, Shippensburg, Franklin County, Pennsylvania 17257. Defendant/Petitioner and Plaintiff/Respondent were married on September 3, 1977 in Newburg, Pennsylvania. Defendant/Petitioner has heretofore filed a Complaint in Divorce pursuant to Section 3301(c) of the Divorce Code. Defendant/Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. Defendant/Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, the Petitioner prays your Honorable Court to enter an award of alimony. WEIGLE & ASSOCIATES, P.G. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 i COUNT II - COUNSEL FEES, COSTS AND EXPENSES 7. Paragraphs 1 through 6 are incorporated herein by reference as though set forth in full. 8. Defendant/Petitioner has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 9. Defendant/Petitioner is unable to sustain herself without receiving counsel fees, costs, and expenses. 10. Defendant/Petitioner requests the Court to an award of counsel fees and costs and expenses in her favor. WHEREFORE, the Defendant/Petitioner requests your Honorable Court to enter an counsel fees, costs, and expenses, as deemed appropriate. COUNT III - EOUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference as though set forth in full. 12. Defendant/Petitioner and Plaintiff/Respondent have legally and beneficially acquired property during their marriage from September 3, 1977 and until January 11, 2006, the date of separation, all of which property is "marital property." 13. Defendant/Petitioner and/or Plaintiff/Respondent have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and or subsequent to its acquisition during the marriage, which increase in value is marital property. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 V 14. Defendant/Petitioner and Plaintiff/Respondent have not been unable to agree as to an equitable division of said property to the date of the filing of this Complaint, and substantial portions of said property are in the exclusive control of Defendant. 15. Defendant/Petitioner requests the Court to equitably divide all marital property. WHEREFORE, Defendant/Petitioner requests the Court to equitably divide all marital property and to grant other appropriate relief. Respectfully submitted, WEIGLE & ASSOCIATES, P.C. Date: It Slog By; , Richard L. Webber, Jr., Esquire Attorney for Defendant/Petitioner Attorney ID No. 49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Petition for Related Claims Under Divorce Code 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. Dated: S--0 B' Nancy E. oshorn, Defendant/Petitioner WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 /^? -iA. 1 J ? '? V -Y a ? ?? ?' (? ?o ?' C_, "Tl a n (-( 7 ,? _., ?_.; ?? _#: :? _?? _. .? .? DARWIN W. GOSHORN, Plaintiff V NANCY E. GOSHORN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2974 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): At (a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two years. ? (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ? (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Dated: o? -15--D g G, 7&0 ` - Nancy E. oshorn, Defendant NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claim for economic relief, you should not file this Counter-Affidavit. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 i ? ? 6'''? ?' ? .. . ? ti S ? i_lT ? 'i, ?",, ' y`t`1 , j ?? ? ?? STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARWIN W. GOSHORN, Plaintiff V. NANCY E. GOSHORN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 2974 CIVIL TERM : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, Darwin W. Goshom, moves the Court to appoint a master with respect to the following claims: N Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite ( Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The non-moving party has appeared in the action by her attorney, Richard L. Webber, Esquire. (3) The statutory ground for divorce is 3301(d), two year separation. (4) The action is contested with respect to the following claim equitable distribution of property. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one-half day. (7) Additional information, if any, relevant to the Motion: None. Respectfully submitted, WOLF & WOLF October L 2008 BY -, STACY B. OLF, ESQUIRE Supreme Court I.D. No. 88732 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARWIN W. GOSHORN, Plaintiff V. NANCY E. GOSHORN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06 - 2974 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the date indicated below, I caused a true and correct copy of the foregoing Motion for Appointment of Master to be mailed, by U. S. Mail, to the below listed parry, in the instant matter, addressed as follows: Dated: October 1, 2008 Richard L. Webber, Esquire Weigle & Associates 126 East King Street Shippensburg, PA 17257 Stacy B. Wo , Esquire Attorney for Plaintiff (':? i».? aF ? t .. ? %?^° '^ ,,1.? '? 1% , OCT n 4 ?nn8 DARWIN W. GOSHORN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NANCY E. GOSHORN, : NO. 06 - 2974 CIVIL TERM Defendant : IN DIVORCE ORDER p AND NOW this /V day of , 2008, f ?/ Md 6?6i Esquire, is appointed Master with respect to the following claim: equitable distribution of property. BY THE Name Darwin W. Goshom Attonx)es Name Stacy B. Wolf, Esquire Attorne3es, Address: Wolf & Wolf 10 West I-liigh Street Carlisle, PA 17013 Attome3es Tel_eg one No. 717-241-4436 A rne,,Zs E-Mail, stacybwolf@enibarqmafl.com l.0 ? ?S rrt,a`Ct(?t? c? Name: Nancy E. Goshom ,@=mey's Name: ?/ Richard L. Webber, Esquire Attomejs Address: Weigle & Associates 126 East King Street Shippensburg, PA 17257 ttorne,-?s TeleD]mne No. 717-532-7388 Attomey?s E-Mail: rwebber@ weigleassociates.com t .y t o r ? C3_ f of 1.U C.D ?--1 GE C...r STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DARWIN W. GOSHORN, Plaintiff V. NANCY E. GOSHORN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 2974 CIVIL TERM IN DIVORCE 1. A complaint in divorce under Section 33( or about May 23, 2006 and served upon defendant on or 2. The marriage of plaintiff and defendant is elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in entry of the divorce. I verify that the statements made in this affidavit statements herein made are subject to the penalties of 18 falsification to authorities. 7 2010 (c) of the Divorce Code May 24, 2006. N 0 t Jz a. -Tin cd in-lus 4:7' r on N3 D o < bly broken and more than ninety days have after service of notice of intention to request true and correct. I understand that false C. S. Section 4904 relating to unsworn GOSHORN DARWIN W. GOSHORN, Plaintiff V. NANCY E. GOSHORN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBE D COUNTY, PENNSYLVANIA CIVIL A TION - LAW NO. 06 - 2974 CIVIL TERM IN DIV RCE C7 ? C rl C/2 4. `r. L n y w:. M N) _3 C=) 1. I consent to the entry of a final decree of 'vorce without notice. 2. I understand that I may lose rights conce g alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is grante. 3. I understand that I will not be divorced td a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after i is filed with the Prothonotary. 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 a.C.S. Section 4904 relating to unsworn falsification to authorities. 2010 W. GOSHORN DARWIN W. GOSHORN, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. :NO. 06-2974 CIVIL TERM CIVIL ACTION - LAW NANCY E. GOSHORN, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on May 23, 2006 and served on Defendant on or about May 24, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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. Dated: n"-Ozz ?-' N CY E. GOSH RN, Defendant C ... !i'I -y'7 {-- r co '• _. 'rte- { r C,.Li,. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 DARWIN W. GOSHORN, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. :NO. 06-2974 CIVIL TERM CIVIL ACTION - LAW NANCY E. GOSHORN, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301(c) AND $ 3301(d) 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. 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. Dated: -Yktev `+ RNAN Y E. OSHORN .-T-3 M - C WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 DARWIN W. GOSHORN, Plaintiff VS. NANCY E. GOSHORN, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2974 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this aOO4 day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated September 21, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ? Stacy B. Wolf Attorney for Plaintiff ? Richard L. Webber, Jr. Attorney for Defendant (26f 1'cs M.-71til 4/24/10 ?::Tm 8-- MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this,-2 day of , l:: - ,> 2010, by and between DARWIN W. GOSHORN (hereinafter referred to as "HUSBAND") and NANCY E. GOSHORN (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE entered into a Partial Marriage Settlement Agreement on November 6, 2009; and WHEREAS, HUSBAND and WIFE are desirous of settling the remainder of their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of the remainder of matters between them relating to the ownership and equitable distribution of property. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: The parties warrant and represent that they have made a full disclosure of all assets and their valuation contained in this Agreement prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 2. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all timnc. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention I of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. RETIREMENT: The parties hereby stipulate and agree that the following shall be sole and exclusive property of HUSBAND: CSRS retirement. The parties hereby stipulate and agree that the following shall be sole and exclusive property of WIFE: Highmark 401(k). 6. DEBT: HUSBAND will be solely responsible for the $27,133.00 Capital One loan he has been paying and agrees to indemnify WIFE against such liability and WIFE will be solely responsible for the $15,000.00 loan she has been paying and agrees to indemnify HUSBAND against such liability. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 7. CASH PAYMENT TO WIFE: For her interest in the marital estate, HUSBAND shall make a payment to WIFE in the amount of $14,064.54, payable in the amount of $344.00 per month for forty (40) months and in the amount of $304.54 for one (1) month for a total of forty- one(41) months. Payments shall be made on the 20th day of each month once a Decree in Divorce is entered. 8. ALIMONY/SUPPORT/COUNSEL FEES/COURT COSTS: In- consideration of the mutual agreement of the parties, HUSBAND and WIFE agree to mutually waive any and all financial support including alimony, spousal support, counsel fees and court cost payments to each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 9. BREACH: In the event of the breach of this agreement by either party, and the unreasonable failure of either party to remedy such breach after thirty days written notice to the breaching party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 10. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 11. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. Both parties have had adequate opportunity to review this agreement with independent legal counsel and have either done so or voluntarily chosen not to do so. HUSBAND's attorney is Stacy B. Wolf, Esquire and WIFE'S attorney is Richard L. Webber, Jr., Esquire. 12. ENTIRE AGREEMENT: This agreement as well as the partial marriage settlement agreement dated November 6, 2009 contain the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth in these two documents. 13. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 14. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtest', statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 15. BANKRUPTCY: The parties agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event that division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: l , Zi? (SEAL) DARWIN W. GOSHORN AL NANCY E!'GOSHORN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS: PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, r Pennsylvania, this 8 l? day of f ? , 2010, DARWIN W. GOSHORN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA I Notana! Seal Nathan C. Wolt, Notary Public , Carlisle Boro, Cumberland County otary Pub c My Commissionaires April 15, 2012 Member, P(snnawlua=na Anna {aUnn Of Noteries COMMONWEALTH OF PENNSYLVANIA . :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this' day of?- , 2010, NANCY E. GOSHORN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, l have C?L Notary Public Shgnda R Fao' C C F ,Tiarrd C'OL my d `? F3c3ro?ac` DARWIN W. GOSHORN, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, :PENNSYLVANIA v. NO. 06-2974 CIVIL TERM CIVIL ACTION -LAW NANCY E. GOSHORN, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Notice to Defend and Complaint in Divorce in the above referenced matter on behalf of Nancy E. Goshorn and certify that I am authorized to do so. Dated: ~ ~ ~~ I `~ Weigle & Associates, P.C. Richard L. Webber, Jr., Esquire Attorney for Defendant Weigle & Associates, P.C. 126 East King Street Shippensburg, PA 17257 (717) 532-7388 ~= ~, -'' ~rn ~~ ~~~ ~~ ~ r-. -~_ ~~ ~ ~ a ~~ ~~' ~7 ~ c~~ ~ "°'1 ~ E~ -~ WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 172 5 7-13 9 7 STACY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2a1~436 ATTORNEY FOR PLAINTIFF j~ t~.,.~1./-tJ~~~1.~ f [lE THE t w~tTN~~OTAR~ 241fl OCT -1 P 2' 03 CU DARWIN W. GOSHORN, Plaintiff v. NANCY E. GOSHORN, Defendant SY~l.~A~ 1~ TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2006-2974 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT .RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about May 24, 2006, defendant was served with a copy of the divorce complaint. 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: April 1, 2010 By the defendant: Apri17, 2010 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: Apri15, 2010 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: on or about Apri17, 2010 October ~ , 2010 ..... STAGY B. Attorney fi DARWIN W. GOSHORN V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY E. GOSHORN ; DIVORCE DECREE AND NOW, _ _ ~- ~'I L~ : ~ , it is ordered and decreed that DARWIN W. GOSHORN plaintiff, and NANCY E. GOSHORN ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Partial Marital Settlement Agreement dated November 6, 2009 and the Marital Settlement Agreement dated September 21, 2010 are incorporated herein by reference but are not merged into this Decree. By the Court, N0.2006-2974 ~ ~v~.w.........~ n.,~- ~o ~-j~' as u'~'