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Home My WebLink About91-2387 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. a3S'') CIVIL 1991- IN DIVORCE KENNETH E. GOSSERT, Plaintiff ERMA J. GOSSERT, Defendant 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 will proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Court Administrator Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 249-1133 (717) 697-0371 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. .;13~7CIVIL 1991 IN DIVORCE KENNETH E. GOSSERT, Plaintiff v. ERMA J. GOSSERT, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Kenneth E. Gossert, an adult individual currently residing at 42 West willow street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Erma J. Gossert, an adult individual currently residing at 909 Redwood Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 11, 1967, in Franklin County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the united states of America or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United states of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce and it is believed that Defendant will after ninety (90) days from the date of the filing of this Complaint consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce under section 330l (c) of the Divorce Code. Respectfully submitted, GRIFFIE & ASSOCIATES iffi , Eire 200 Hanover Street carlisle, PA l7013 (717) 243-5551 1-800-347-5552 I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 7/f/ hI , f () () '" (j) ~ ~ 0 ;0 ~ ~ 0 " w <:: " I 1> ~ z >" r OJ r 0 ~- !" " om !" -< :s: (fl -U I ~Sl" 1) ~ c " " ~ ~ Z I ~)> Z , Z ~ Z " '" ~ z ,(I) ~ -< 6 -< 0 ~(I) -< (fl r < '0 r < ~ < -< ~ ~n ~ " ~ ~ z z ~ (fl ~ ~ '" -< -< ;:j " ;:j 0 ~ m g " w -< (I) ~ I c... . 8 ~ t"1 . {fl {fl . '"d~ ~~ ~(fl ,..,,~ ~. !:l ~ ::lH .....~ ..... ::l ,.." rT Hl ~ ~ ~ o 2 ~ ALL-sTATe: lEGAL SUPPLY co. ONE COMMEMCE PAJVE. CAANfORt), N.J. 07016 lJ71 !!:2.BF . e71 S:!I.BL . 871 e!i-GY . 1571 56.WH ~ 0) () . ~p~S~ o ~~~ 2 >i ~ q 8 t"1 H ::ii O~8H ~~~~ ::olC~ ~ '" '"d ,... ~z ~~ ~?;; ~~ ~ ~ ,..... .~ (J' c 2 "" c; ~:: -- .,rfl ~; C'J :;.> ' ,0 .:.~ .;;...." ',~.o 2~ ,.. .' ~ $ . v:> - " ., KENNETH E. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ERMA J. GOSSERT, Defendant NO. 2387 CIVIL 1991 IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court for equitable division of marital property, counsel fees, costs and expenses, alimony, alimony pendente lite, exclusive possession of the marital residence, child support and other related property issues. If you wish to defend against these claims, you must take action within twenty (20) days after this Answer to Complaint and New Matter and Notice to Defend are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County Court House Carlisle, PA 17013 Telephone 240-6200 MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENS8URG, PA. 17257 " , KENNETH E. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW Defendant NO. 2387 CIVIL 1991 IN DIVORCE ERMA J. GOSSERT, ANSWER TO COMPLAINT IN DIVORCE AND NEW MATTER COUNT I - DIVORCE 1. Admitted in part and denied in part. After reasonable inquiry and investigation, Defendant does not know the current residence of the Plaintiff. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Defendant has no way of knowing what advice the Plaintiff may have received, and strict proof of same is demanded at trial. 8. Admitted. MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SH1PPENSBURG, PA. 17257 II 9. Denied. Defendant is not convinced that the marriage is irretrievably broken and intends to request the court to require the parties to participate in counseling pursuant to the provisions of the Pennsylvania Divorce Code. 10. Denied. After reasonable investigation, Defendant does not know what the Plaintiff desires at this point in time. By way of further answer, it is specifically denied that Defendant will after ninety (90) days from the date of the filing of the Complaint in Divorce, consent to a divorce. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full context. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from November 11, 1967, until June 10, 1991, the date of separation. WHEREFORE, Defendant requests Your Honorable Court to determine what is marital property, equitably divide all marital property, and to return all non-marital property that may belong to Defendant to her. COUNT III - COUNSEL FEES, COSTS AND EXPENSES 13. Paragraphs 1 - 12 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full text. MARK, WEIGLE AND PERKlNS - ATTORNEYS AT LAW - 12:6 EAST KING STREET _ SHIPPENSBURG, PA. 17257 :1 14. Defendant has retained the services of Jerry A. Weigle, Esquire, and the counsel fees, costs and expenses for representation in this action will be substantial and continuing. 15. Plaintiff has seen fit to withdraw for his own purposes the vast majority of liquid assets, both marital and non-marital, which Defendant might have used to help defray the cost of counsel and related litigation costs and expenses. 16. Defendant, although employed, has a net weekly take-home pay of approximately $200.00 per week and therefore lacks sufficient funds, income or assets to pay for her reasonable counsel fees, costs, and expenses. 17. Defendant will need to retain the services of an appraiser and other experts with regard to this action. 18. Plaintiff is financially able to provide for these expenses of Defendant. WHEREFORE, Defendant requests Your Honorable Court to enter an award of interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as may be deemed appropriate. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 19. Paragraphs 1 - 18 of Plaintiff's Complaint and Defendant's Answers thereto are incorporated herein by reference as if set forth in their full text. MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA. 17257 20. Defendant lacks sufficient means of support at present to fully provide for her reasonable needs, despite the fact that she is employed. 21. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 22. Plaintiff is financially able to provide for the reasonable needs of the Defendant. WHEREFORE, Defendant requests Your Honorable Court to enter an award of alimony pendente lite until final hearing and thereupon to order a permanent award of alimony. COUNT V - CHILD SUPPORT 23. Paragraphs 1 - 22 of Plaintiff's Complaint and Defendant's Answers thereto are incorporated herein by reference as if set forth in their full text. 24. Defendant lacks sufficient means of support at present to fully provide for the reasonable needs of their minor son, Kent E. Gossert, despite the fact that she is employed. Defendant requests an award of child support for the said Kent E. Gossert, age 17, born November 13, 1973. The said Kent E. Gossert is currently a High School student and resides with the Defendant. 25. Defendant requires reasonable support to adequately maintain herself, her minor son, and her home in accordance with the standard of living established during the marriage. MARK, WEiGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SH1PPENSBURG, PA 17257 I' 26. Plaintiff is financially able to provide for the reasonable needs of Defendant and the couple's minor son. WHEREFORE, Defendant requests Your Honorable Court to enter an appropriate award of support. COUNT VI - EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 27. Paragraphs 1 - 26 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full text. 28. The parties separated on or about June 10, 1991, by Plaintiff leaving the marital residence and Defendant cannot afford to remove herself and her minor son from said marital residence and has no where else to go. 29. The Plaintiff has engaged in the following behaviors which have caused great fears and trauma for Defendant and her minor son: a. During one Saturday afternoon in March of 1991, Plaintiff slapped, hit and choked the Defendant. b. During a Sunday evening in March of 1991, Plaintiff pushed Defendant into a concrete planter located in the kitchen of the marital residence with such force that Defendant's rib was cracked. c. During Easter Sunday of 1991, Plaintiff threw the Easter Sunday dinner he was preparing, allover the kitchen floor and held a knife to Defendant's throat. d. On the Saturday before Mother's Day, 1991, (May 11, 1991) Plaintiff threw various glass items throughout and threw a checkbook at the Plaintiff in a fit of rage for no apparent reason. e. Since the date of separation, Plaintiff has removed non-essential items of marital property from the marital residence at will, has threatened to MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW ~ 126 EAST KING STREET _ SH1PPENSBURG, PA. 17257 burn the marital residence down, and has entered the marital residence and destroyed certain items of marital property with a sledgehammer. 30. Section 401(c) of the Pennsylvania Divorce Code at 23 P.S. f401(c) gives the court broad general equity powers including the right to award exclusive possession of the marital residence to one of the parties for good and sufficient cause shown. 31. Defendant requests said relief for the following reasons: a. Defendant does not have the funds to remove herself and her minor son from the marital residence. b. The marital residence provides a suitable place to live at a cost that Defendant is able to afford. c. To relocate from the marital residence would cause undue stress upon the couple's minor son. d. Plaintiff's conduct has been violent, unpredictable, dangerous, and uncalled for and has caused Defendant and her family unnecessary trauma and fear - He therefore must be barred from the marital residence. WHEREFORE, Defendant requests Your Honorable Court to award exclusive possession of the marital residence to Defendant and her minor son and to enjoin Plaintiff from removing assets from the marital residence, causing any damage thereto, and from harassing Defendant and her children. COUNT VII - INSURANCE AND BENEFITS 32. Paragraphs 1 - 31 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full text. 33. Defendant requests Your Honorable Court to direct the Plaintiff to maintain Defendant as primary irrevocable beneficiary on any and all existing insurance MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHJPPENSBURG, PA. t 7257 . . policies and to direct the Plaintiff to continue health insurance coverage and all employer benefits for the Defendant and any of their children who may be entitled thereto. COUNT VIII - REQUEST FOR MARRIAGE COUNSELING WITH COST THEREOF TO BE BORNE BY PLAINTIFF 34. Paragraphs 1 - 33 of Plaintiff's Complaint and Defendant's Answer thereto are incorporated herein by reference as if set forth in their full text. 35. Defendant is not convinced the marriage is irretrievably broken and therefore requests court ordered marriage counseling for both Plaintiff and Defendant pursuant to the Pennsylvania Divorce Code as amended. 36. Defendant presently lacks sufficient means to pay all or even a portion of the costs for such counseling. 37. Plaintiff is financially able to provide for the reasonable costs of such marital counseling. WHEREFORE, Defendant requests Your Honorable Court to order marital counseling as provided for in the Pennsylvania Divorce Code as amended and to further order that the reasonable costs therefore be borne by the Plaintiff herein. MARK, WEIGLE AND PERKINS By: Jer Att MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHlPPEN5BURG, PA. 17257 . . I, , I verify that the statements made in the foregoing Answer to Complaint in Divorce and New Matter are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: 7-dS-f'1 ~ Erma J. Gl~nt ..~t>.RK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA_ 17257 tS:~9-'tt~ (LIL) :XV.oI IItL-ttS (LIL) :]NOHd:n]~ , LSt41 'VNNl1d '9HnOSN3ddlHS '13:nUS .:>NI,. .lSY~ 9tl AIV'] LV SH.HOllV 'SNI1I1I3d ONV 3'1913,\\ 'lIl1VJ\I . . to g;j Hzn("JH ~ ZOHffiZ ~ Z . <l ~ Z t:J H >-,l CIl to H Nt'"' tI:l::I:: ~ '-< >-,l <lW ?=lto I '" > to i:C 000P> .. = " iti <! iti"n~n ~ ~ 8 to n >-,l:go ~ :; ~~ tonH ~ I ... ~>~ CIl HO ~ '" '" ... t:J CIl c;:> <lzn>-,l = :z ~~t"l n to 0 H 0 ?:' '" zo ~ CIl 1:""1 !@~ 0" f ':i21.:: '" 1Il- ~~ CIl ..:zC'J - to ....I:"">-,l I ~ '" III ~"'~ I:"" ~ ",p>><n ;::l" t:l I ~. 2~t'!' ~~ \0 ~... 0 UI~"'Cl t:J 'd- .... 'd~ f ""....'" t:l>> >-,lZ (l) H "'-:z ",..:z >-,l>-,l ...., " toO ~"':z ..~t:l to (l) ,.... zz ~~> ~~"= itiH ::l ::l Z ... ' . Z "" rt CIl'd il ;;:l ~ " ,.... ><1:"" .. .... .. t"l t:J ::l ...., ~~ ., .. ~ " H rt ...., .... ~ <l - 0 :z f!5 HO '" P>":l to ~ ,. -D c ,- ~~ "-' c.'., ., 1 "'"} ~~ "'. '. r..,;' ! ~~: ~ a ~,7: KENNETH E. GOSSERT, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I PENNSYLVANIA CIVIL ACTION - LAW vs. : . . ERMA J. GOSSERT, Defendant NO. 2387 CIVIL 1991 IN DIVORCE ANSWER TO DEFENDANT'S NEW MATTER FILED IN THE FORM OF A COUNTERCLAIM COUNT III - COUNSEL FEES. COSTS & EXPENSES 13. The averments set forth in Plaintiff's Complaint in Divorce are incorporated herein by reference as if set forth in their full text and any additional averments set forth by Defendant in her paragraph 13 of her New Matter are denied. 14. Denied. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments of paragraph 14 and they are, therefore, denied without specific proof thereof being demanded at the time of trial. 15. Denied. It is denied that the Plaintiff has withdrawn the vast majority of liquid assets, both marital and non-marital, which the Defendant might have otherwise used to help defray the cost of counsel and related litigation costs and expenses. It is further averred that the parties continue to have FIFTEEN THOUSAND AND XX/100 ($15,000.00) DOLLARS, plus interest, in three Certificates of Deposit that are currently held at Farmers Trust Bank. It is further averred that the parties have other assets which they own jointly which can be used for the payment of attorney's fees now or which will produce liquid assets for purposes of allowing Defendant to pay her attorney's fees and expenses. '. 16. Denied. It is denied that the Defendant's net weekly take home pay is TWO HUNDRED AND XX/100 ($200.00) DOLLARS per week. It is further denied that the Defendant lacks sufficient funds, income or assets to pay for her reasonable counsel fees, costs, and expenses. 17. Denied. It is denied that the Defendant will need to retain the services of an appraiser and other experts with regard to this action. It is averred rather that no negotiations whatsoever have occurred in the instant action and there has been no showing, to date, that appraisals will be necessary or that other experts will have to be hired to perform services to resolve this matter. 18. Denied. It is denied that the Plaintiff is financially able to provide for expenses claimed by the Defendant. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Count III of Plaintiff's New Matter. COUNT IV - ALIMONY AND ALIMONY PENDENTE LITE 19. The averments set forth in Plaintiff's Complaint in Divorce and answers to Defendant's New Matter as set forth above are incorporated herein by reference as if set forth in their full text. 20. Denied. It is denied that the Defendant lacks sufficient means of support at present to fully provide for her reasonable needs, despite the fact that she is employed. It is averred rather that the Defendant has sufficient income to provide for her needs and also is receiving support pursuant to a Cumberland County Domestic Relations Order which provides her with additional spousal support to provide for her needs. 21. Denied. It is denied that Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. It is averred that the Defendant has sufficient income, both from her current employment as well as from spousal support to provide for her reasonable needs. 22. Denied. It is denied that the Plaintiff has any financial ability to provide for any additional "needs" of the Defendant. It is further averred that the Plaintiff is already providing for the parties' minor child through the payment of child support, for the Defendant through the payment of spousal support, and for the parties' college age sons who are in or have completed college but need financial assistance to pay for college expenses. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Count IV of Defendant's Complaint. COUNT VI - EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 27. The averments set forth in Plaintiff's Complaint in Divorce and answers to Defendant's New Matter as set forth above are incorporated herein by reference as if set forth in their full text. 28. Denied. It is denied that the parties separated on or about June 10, 1991. It is averred rather that the parties separated prior to that time but that the Defendant excluded the Plaintiff from the premises at that time and denied him further L , " access to the premises under threat of criminal and civil actions, despite the fact that Plaintiff had every legal right to return to the premises and had done nothing of a criminal nature. It is denied that the Defendant cannot afford to remove herself and her minor son from the said marital residence and has nowhere else to go, in that the Defendant is gainfully employed and the home in which she is currently residing is of such an expense that she cannot afford to maintain the home and the encumbrances on the home. It is further averred that the Defendant can better afford to remove herself and the minor son than she can to remain in the former marital residence. 29. Denied. It is denied that the Plaintiff has engaged in any behaviors that have caused fear or trauma for the Defendant or her minor son. a. It is specifically denied that during one Saturday afternoon of March, 1991, the Plaintiff slapped, hit or choked the Defendant. b. It is specifically denied that during a Sunday evening of March, 1991, Plaintiff pushed Defendant into a concrete planter located in the kitchen of the marital residence with such force that the Defendant's rib was cracked. c. It is specifically denied that during Easter Sunday of 1991 Plaintiff threw the Easter Sunday dinner he was preparing allover the kitchen floor and held a knife to Defendant's throat. , > '. d. It is specifically denied that on the Saturday before Mother's Day, 1991, (May 11, 1991) Plaintiff threw various glass items throughout and threw a check book at Plaintiff (Defendant sic) in a fit of rage for no apparent reason. e. It is specifically denied that the Plaintiff has removed nonessential items of marital property from the marital residence at will since the time of separation. It is averred rather that the Plaintiff has been excluded from the marital residence and has only been able to remove some of his personal items that are essential to him and to his employment. It is further denied that the Plaintiff has threatened to burn the marital residence down. It is further denied that the Defendant has entered the marital residence and destroyed items of marital property with a sledge hammer. 30. Admitted. 31. Admitted in part and denied in part. It is admitted that the Defendant makes the request for relief as set forth in paragraph 31. It is denied that it is appropriate for the Defendant to receive such relief. a. It is denied that Defendant does not have the funds to remove herself and her minor son from the marital residence. It is further averred that the marital residence is of such an expense to maintain that the Defendant can better maintain herself and her son in a new residence. b. Denied. It is denied that the marital residence provides a suitable place to live at a cost that Defendant is able to afford, in that the Defendant has already indicated she . . '. '. '. " cannot and will not maintain the two mortgages on the marital residence, and in that the Defendant has previously indicated in her pleadings that she cannot maintain herself financially. c. Denied. It is denied that any relocation from the marital residence would cause undue stress upon the couple's son in that the son is seventeen (17) years of age and in many respects already acts as an emancipated minor. d. Denied. It is denied that the Plaintiff's conduct has been violent, unpredictable, dangerous and uncalled for. It is further denied that the Defendant and her family have endured any type of unnecessary trauma and fear. It is further denied that the Plaintiff must be barred from the marital residence for any purpose. WHEREFORE, Plaintiff requests your Honorable Court to deny and dismiss Count VI of Plaintiff's New Matter. COUNT VII - INSURANCE AND BENEFITS 32. The averments set forth in Plaintiff's Complaint in Divorce and answers to Defendant's New Matter as set forth above are incorporated herein by reference as if set forth in their full text. 33. Admitted in part and denied in part. It is admitted that the Defendant makes the request of your Honorable Court as set forth in her paragraph 33. It is denied that there is any basis whatsoever for the court to enter such an Order or require the Plaintiff to maintain Defendant as primary revocable beneficiary on any and all existing insurance policies. It is further denied that it is appropriate to proceed in this manner '". . '. , . " '. in that the Plaintiff is already under an Order through the Cumberland County Domestic Relations Office to maintain health insurance on the Defendant and the parties' minor children. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Count VII of Defendant's New Matter. COUNT VIII - REOUEST FOR MARRIAGE COUNSELING WITH COSTS THEREOF TO BE BORNE BY PLAINTIFF 34. The averments set forth in Plaintiff's Complaint in Divorce and in answers to Defendant's New Matter as set forth above are incorporated herein by reference as if set forth in their full text. 35. Denied. It is denied that the Defendant is not convinced the marriage is irretrievably broken in that the Defendant has excluded Plaintiff from the marital residence and has already voiced her opinion that the parties will never be able to maintain their marriage. It is further denied that Court Ordered marriage counseling will benefit either party or in any way have a positive effect upon the instant divorce proceedings. 36. Denied. It is denied that the Defendant presently lacks sufficient means to pay all or even a portion of the costs for such counseling. It is further averred that it is the policy of the Court of Common Pleas of Cumberland County over the past ten (10) years to routinely require the party requesting marriage counseling to bear the expense of that marriage counseling. 37. Denied. It is denied that the Plaintiff is financially able to provide for the reasonable costs of such marriage counseling. It is further averred that it is inequitable and .. ," . . . ~ " " .. unfair to require the Plaintiff to pay for marriage counseling when Plaintiff believes that the counseling is an affront to the divorce proceedings and is only being requested as an additional financial burden upon the Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Count VIII of Defendant's New Matter. Respectfully submitted, GRIFFIE & ASSOCIATES L.. Griffie, Esquire ney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 800-347-5552 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: Y-I'-<11 ) AlL.sTATE LEGAL SUPPl-Y CO ONE COMMERCE ~IVE. CRANFORD, N,J. 01018 87' !l2-.' 871 !l3.8L . 1571 ss-aY. 871 se-WH , '. _.c. . , . I I I s Ii . '" () () '" (j) c.., W ~ ~ 0 . 00 ~ ~ 0 12 C5 ...., " W r 8 t'l ~ z " . () :!' 1> I Ul H ~~ OJ r 0 >" Ul 8 <: r !" ~ ::l- !" -< om i?~ H :<: (fl 1) I < Ul t:-< ~ 1) ~ c " ~Sl" . 'tJUl '" " ~ % I ~.~ H Z , Z ~ ~)> H1 '" i~ z ~ ~ ~ z a '" ~ -< 6 -< 0 '1'(1) ::$ - H -< (fl r < ~(I) Ul ri" r -< < ~ '0 ~ ..,. I < ~ ~ " " ~n ~ H1 Z ~ Z (fl H1 tl ~ '" ~ -< ~ H Ul~ -< ;:j " cg ~ ;:j 0 ",. ~ 2 W ~ m ~ -< (I) ~o t'l :0 ;po", '!t' (: ,;'.' r-- . 1-' (, .....~:_.". ::.r.: ;-<~:;: ';:1 ." ~"'" L~ - KENNETH E. GOSSERT, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ERMA J. GOSSERT, Defendant NO. 2387 CIVIL 1991 : IN DIVORCE AFPIDAVIT OP CONSERT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on July 11, 1991. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. -- li I consent to the entry of a final Decree of Divorce. ':r. I have been advised of the availability of marriage - coun"fiJling, that I may request that the Court require that my ... spo~ and I participate in counseling, and that the Court . mai&inS'" a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I decline to request that the Court require that my spouse and I participate in counseling. 5. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UKSWORN FALSIFICATION TO AU'l'NONIT~ _~ DATE: / MJe)W'.,I:R 1'1'1 'I ~ ~ NNETH EGOS RT '" Plaintiff ~ ~~ c::.... ... 1.'$~. ;:; rn.~r<'r ~;...-;),.,." ""r'~C;' - ~~~~ ~c~~ ~~~1:- -c::.", ..~~ c " .. .. P 302 64& 532 RECEIPT FOR CERTIFIED MAIL NO INSUIWlCE CQVERNOEPRQVlOEt) NOT FOfllNTERNATIONAl MAll (See Reverse) ~ ~ ~ Senl to :! do ! o a: <:i ,; :I f.' Certified Fee " Special Delivery Fee Restricted Delivery Fee Return Receipt showing 10 whom and Dale Delivered '" It Return Receipt showing to whom, ... Date. and Address of Delivery ~ TOTAL Postage and Fees ., I Postmark or Date E~~ of &n.(;. f/1..- iJ/~ ~ 'i-lrP-r/ '\ " <- c::: ,... "" ..r. N' VI .&: -0 ::J&: u:> - :) ~. ...:." ,., - ";:1m ':;:t;;;, " , :"io ~~~ -;; <; 'Of"l\ '-1 -.'" , "f~ < KENNETH E. GOSSERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2387 CIVIL 1991 ERMA J. GOSSERT, . . Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this ;4J M day of July, 1991, comes Bradley L. Griffie, Esquire, Attorney for Plaintiff, and states that he personally mailed a certified and true copy of a Complaint in Divorce, to Erma J. Gossert at 909 Redwood Drive, Carlisle, Pennsylvania, by certified mail, return receipt requested. A copy of said receipt is attached hereto indicating service was made on July 15, 1991. ~. B riffie, Esquire GRIF & ASSOCIATES 200 North Hanover Street Carlisle, Pennsylvania 71013 (717) 243-5551 Sworn and sub~9ribed to this ;}3,yL day of July, 1991. ---J?....LA. 9 A ~/-' ~ NolarlaI Seal AlI>ilJ. Gaohom, NoIIry NlIc ClIIfsIe flao, ClMnbeItril Co.I'IlY My Corn,,1isslon e.piesApril 17,la95 f vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KENNETH E. GOSSERT, Plaintiff : ERMA J. GOSSERT, Defendant . . NO. 2387 CIVIL 1991 IN DIVORCE : PLAINTIFF'S PRELIMINARY OBJECTIONS TO COUNT II OF DEFENDANT'S NEW MATTER COUNT r MOTION TO STRIKE 1. Plaintiff filed a Complaint in Partition on July 8, 1991, based upon Defendant's offer to partition the parties' jointly held property. 2. On or about July 23, 1991, Defendant filed New Matter in the form of a counterclaim raising the issue of equitable distribution in the parties' instant divorce proceedings. 3. The partition action filed by the Plaintiff supersedes and was first in time to the equitable distribution claim made by the Defendant. 4. The partition action will resolve the issue of distribution of the majority of the parties' marital assets. 5. In the event the partition proceedings have been completed and there are still outstanding marital assets to be distributed, then and only then would it be appropriate to proceed with an equitable distribution action. 6. The finalization of the partition proceedings will settle or narrow the property issues to be decided in the Defendant's equitable distribution claim; thus, expediting any hearing that might be necessary relative to equitable distribution. . WHEREFORE, Plaintiff requests your Honorable Court to dismiss and strike Count II of Defendant's New Matter filed in the form of a counterclaim. COUNT II PRELIMINARY OBJECTIONS TO COUNT V OF PLAINTIFF'S NEW MATTER FILED IN THE FORM OF A COUNTERCLAIM 7. Count V of Defendant's New Matter filed in the form of a Counterclaim requests child support. 8. Child support has already been requested and a hearing has already been held through the Court of Common Pleas, Domestic Relations section, and an Order for child support has already been entered in this case. 9. It is inappropriate, improper and without grounds to file or proceed with additional actions for child support when an Order already exists through the same Court of Common Pleas. WHEREFORE, Plaintiff requests your Honorable Court to strike or dismiss Count V of Defendant's New Matter filed in the form of a counterclaim. Respectfully submitted, GRIFFIE & ASSOCIATES --- riffie, Esquire Attorn for Plaintiff 200 North Hanover Street Carlisle, PA ~7013 (717) 243-5551 800-347-5552 . , ,. . " . 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: )?-/f-1( ~' . ALL.sTAn;: LEGAL SUPA..V CO ONE COMMERCE oFllVE. CAANFORD, N.J. 070t6 8'11152.... 07153.8l... 871 ~.GY. e71Y-WH , ' . ,. . 'U >-' ; i t5 Ii P> 1-" () n '" ~ tv ~ ~ 0 (j) 1-" Ll Vol I " H1 . 00 " <:: 0 ;0 H1 -' W - ~ t'l I 1> ~ z " (Il 0 Ol r 0 ~!! ~ 8~ r !" ~ , 'U Ul 8 :s: -< om ti ~~ H U1 1) I 1) ~ c " ~Sl" <1> Ul t"' ~~ ~ :u ~ z I >-' < 'UUl z , z ~ !:!)> 1-" . ~.~ H Z " " (/I z '3 H1 \D ~ -< Q -< 0 '('(I) 1-" a \D ~~ -< U1 c < ~(I) H r -< < " rT < '0 ~ " ~ ~ ~ 1-" I z ~ z (fl ~n H1 ~ '" ~ -< H1 tl -< " ~ & H Ul'O ;:j ;:j ~ a ~~ 0 0 '" w. W -< m ~ ~ en rT ..... HO g :>;'<1 ~,.. c e, ......, ....... '1 _ 0-: :~) (;"1 .:J, -'''::D .~~~; '.-0-,'';''';;;'-(1) ,:-s;~ VI C. ""'"' ~ t.C " r, KENNETH E. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 2387 CIVIL 1991 ERMA J. GOSSERT, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~ day of September, 1991, upon presentation and consideration of the within Petition, the Plaintiff and Defendant are enjoined from in any way disposing of, alienating or encumbering any of their marital property, and in particular, any jointly held property of the parties until further Order of Court. A Rule is issued upon the Defendant to show cause, if any she has, as to why this injunction should not remain and the parties should not continue to be enjoined from disposing of, alienating, or encumbering any property pending a resolution of the instant divorce proceedings as well as the resolution of the pending partition action docketed in the Cumberland county Court to No. 2344 civil 1991. ~ c... ht,.e.."'\1"''' ~ ~ tdcL.4." ~O } J'1'l 1 Rule returnable p~r;~e~:U ~ IV'1o R~ J. / 16. ~l(l 20 f.' h7 d3\ ,_!" 'I: l.':,,: U V (:I ~,~'vlOi'il)Hl08d .:L njJ 30LLJO-03lli ~ KENNETH E. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2387 CIVIL 1991 ERMA J. GOSSERT, Defendant IN DIVORCE PETITION FOR INJUNCTION 1. Your Petitioner herein is the above named Plaintiff, Kenneth E. Gossert, an adult individual currently residing at 495 Longs Gap Road, Apartment C, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Erma J. Gossert, an adult individual currently residing at 909 Redwood Drive, Carlisle, Cumberland County, Pennsylvania. 3. The parties are party to the instant divorce action which was initiated by the Plaintiff on July 11, 1991. By Answer filed by the Respondent in this action, claims for equitable distribution, as well as other collateral issues have been made. 4. Petitioner herein previously initiated a partition action by filing a Complaint in Partition in this case on July 8, 1991. Said action being docketed to No. 2344 civil 1991. 5. Preliminary Objections have been filed to the aforementioned partition action. 6. The Preliminary Objections to the partition action have been listed with the Court for argument before the argument court on October 9, 1991. 7. The parties are owners of a variety of personal property, the large portion of which remains in the sole possession of Respondent. 8. The parties are the joint owners of three certificates of Deposit currently held by Farmers Trust company, 1 West High street, Carlisle, Cumberland County, pennsylvania, with the Certificate numbers as follows: (a) TD 001-A76446-C (b) TD 001-A92824-C (c) TD 001-A92825-C 9. The above referenced certificates of Deposit mature on September 27, 1991. 10. Petitioner has attempted, through counsel, to secure Respondent's agreement, through counsel, that these Certificates of Deposit would be "rolled over" or otherwise maintained as a joint account without either party alienating or disposing of those funds. 11. without court intervention, both parties will be in a position to alienate or dispose of these and other marital assets which could defeat the purposes of equitable distribution in this action or the rights of the parties under the partition action referenced above. 12. Pursuant to 23 P.S. Section 3505 of the Divorce Code, the Court has authority to provide the equitable relief being requested herein. WHEREFORE, Petitioner requests your Honorable Court to enter an Order enjoining the parties from alienating any of their '. "", .. . . marital assets, and in particular any jointly held assets, and further issue a Rule to Show Cause upon Respondent to show why this injunction should not continue until further Order of Court or until the partition and divorce proceedings have been concluded. Respectfully submitted, GRIFFIE & ASSOCIATES ~ Griffie, Esquire Atto y for Petitioner/ Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 800-347-5552 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. e.s. section 4904, relating to unsworn falsification to authorities. DATE: 7'-/9- 11 ~/.:i/~ ~ "tkb di4- . ALL-STATE LEGAL SUPPlY CO. 0tIE ~ QIWE. CAAHfORO. N,J. oro1e 871ft-IIF' 671 53.a. 071 5&.GY' 871 I5O-WH , . , ~ ~ ~p~~ ~ ~N~~ n () '" (j) ~ c... 8iJ5 ~ ~ 0 . ~ ~ 0 a! i5l ~-.J 8 " w " :::J o~ t"1 I 1> ~ z . . ~(') ~ r OJ r 0 ~~ H ~8 e~~ ~ " om ~ ~Ul !" :s: . -< ~~ 1J (fl 1) I ~Sl" HUl ~ C m ~ ~Ul m ~ ~ Z I ~:t> z , z ~ ' ~ H~ Z ~ ~ ~ z ~:c~ ~ -< 0 ,(I) ~~ (5 -< ~(I) ~ -< (fl r < r < " '0 < -< ~ " ~ " ~n ~2 ~ z z ~ ~ (fl ~ " -< ~ q ~~ -< ;:j D ;:j 0 ~ H Q W " m ~ -< tfl ~ ~~ \2 KENNETH E. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. . . CIVIL ACTION - LAW ERMA J. GOSSERT, Defendant NO. 2387 CIVIL 1991 IN DIVORCE AND NOW, this ORDER OF COURT ~~-day of ~ , 1991, upon presentation and consideration of the within stipulation and Agreement, it is hereby ordered that the parties are enjoined BY from disposing of, alienating or encumbering any of the marital property, both real and personal, in any manner, whether that property is owned in individual names or in joint names, until further Order of Court or until the divorce proceedings in this matter and the partition action docketed in the Court of Common Pleas of Cumberland County to No. concluded. co: Bradley L. Griffie, Esquire Attorney for Plaintiff Jerry A. Weigle, Esquire Attorney for Defendant "NV^lASNIoI3d UNIlO:l aN~ "09 r.n'j I,lJYiCNOli!C, w:..r 3'1J.!( : 16. ~d Sf C 2:>30 .. ... ., . " KENNETH E. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. CIVIL ACTION - LAW ERMA J. GOSSERT, Defendant NO. 2387 CIVIL 1991 : IN DIVORCE STIPULATION AND AGREEMENT This Stipulation and Agreement entered into the day and year hereinafter written by and between the above named parties, Kenneth E. Gossert, Plaintiff, and Erma J. Gossert, Defendant, by and through the consent of their legal counsel, Bradley L. Griffie, Esquire, attorney for Plaintiff, and Jerry A. Weigle, Esquire, attorney for Defendant, as follows: 1. The parties are both adult individuals represented by legal counsel in the above captioned divorce action. 2. The parties agree and admit that they have various items of personal property and real estate which are marital property as defined under the Divorce Code of 1980, as amended, said property being owned in individual names and in joint names. 3. The parties agree that they will not in any way dispose of, alienate or encumber any of their marital property, and in particular any jointly owned marital property, of the parties until further Order of Court of until the parties have concluded both the divorce proceedings docketed in the above captioned action and the partition action docketed in the Court of Common Pleas, Cumberland County, at Number 2344 civil 1991 between the same parties. .,' w' ..,., , 'f" IN WITNESS WHEREOF, the parties intending to legally bind themselves, heirs, executors and assigns, have hereinto set forth their signatures the day hereinafter written. Date: /I-O!-'fl ~,( f 0 Kenneth E(' J,'"ifert, Plaintiff Gr' fie, Esquire for Plaintiff Date: 11- :lC-9f ~~~ Erma J.~Gossert, Defendant ',., fj;; '66' '6 ',0 ;,' .....) If .. .- P~....., ,y~ ALL-8TATE LEGAL SUPPLY CO ONE COIlIMERCE DRIVE. CAANfClN), N.J. 070HI e.,IN...cntU.8L.e.,I!5l5-GY. e715e'WH , .. ... ..' ..~ i i ~~~~~ ON~~:d ~ c... .~~q 8 H . <5i N C1 '"d n 0 5 8 trI I ~ 0 . ROH ::ii ,. "" z :::! Ul ~~8~ s: z ~0~:::1 OUl ~~ g;o :::o~ - H ~~~ ;:::O~U1 r;;:r~m ~ HUl ~ ~~~ ~ 2flIS :;IZRa ~~ C~~ ~ :>m> ~ """w ~Z;<fJ) ~ 0Zo 0"<1> ~;t " " .....<7"10 ~Z ,.'" "mS;:(") I -< 0"":;:_ ~"" ~~ >- "m ~~ N~ "" '-l S m m ~ <I> ~O ~"O " '. KENNETH E. GOSSERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . CIVIL ACTION - LAW . . . ERMA J. GOSSERT, NO. 2387 CIVIL 1991 Defendant IN DIVORCE ORDBR OP COURT AND NOW, this I q f{? day of I~ fA \ L, 1994, upon presentation and consideration of the within Petition, the Petitioner, Kenneth E. Gossert, is hereby granted leave to proceed under the current Rules of Court relative to the appointment of Master and E. Robert Elicker, II, Esquire, is hereby appointed Master in these proceedings. BY THE COURT, !~F.t- J. '1I/Q,',lJ.SNN3d ,ul/nO() ON'/1,Ej8Hna ,\,1JVJ.CKOII.rQ,'id .UI!. jD 3()14~oJ, ": Jl6, Ad tfl Z 6111dV , . '. KENNETH E. GOSSERT, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. CIVIL ACTION - LAW . . ERMA J. GOSSERT, : NO. 2387 CIVIL 1991 Defendant IN DIVORCE PBTITIOH paR APPOIRTKBHT OP MASTBR AlfD '1'0 PROCBBD tnrDBR HBW RULBS OP COURT AND NOW comes Petitioner, Kenneth E. Gossert, by and through his legal counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner is the above named Plaintiff, Kenneth E. Gossert, an adult individual currently residing at 924 Franklin street, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent herein is the above named Defendant, Erma J. Gossert, an adult individual currently residing at 909 Redwood Drive, Carlisle, Cumberland County, pennslyvania. 3. A Complaint in Divorce was filed in the above captioned action on July 11, 1991. 4. The parties have been unable to resolve any matters associated with the divorce. 5. Contemporaneously with the filing of this Petition, Petitioner is depositing the sum of $125.00 with the Prothonotary of Cumberland County, Pennsylvania, for costs in these proceedings. . . WHEREFORE, Petitioner requests your Honorable Court to grant him leave to proceed under the new Rules of Court relative to the appointment of a Master in CUmberland County and thereby appoint E. Robert Elicker, II, Esquire as Master in these proceedings. Respectfully submitted, GRIFFIE & ASSOCIATES . Griffie, Esquire ney for Petitioner o North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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 DATE: ~J'1hLf 'h~'~'~~--" . ~~.. () ~ ~ ~ Z ID 0 g ~ lj) ~ I C lD '7 :j C >' 1ft ~ - W . Z 0 1) (fI ~ > -< :!) " ~ '" ~ o -< "'-"-"--'~""'''=''''''''-'''''''~~~'-'''~:'~~.,"",~ u. <., ,~ I\J Gl o :n o "'l () z > "'l po 0 -l _ ~ ~O I'T1 iii I ~ "" r- I Z )" !'1 :to ~ )- 1] 5 ~ (J) )> < ~ (J) ~ rl r 0 o " " () w (fI ~ - -< > ~ -l '" 1'1 -< Ul e~~ ~~~ ~~~ H ~ ;~ ~I ~~ ~ '"08 >-'C/l !llUl 5';:) .....H .....~ ,.." ,.." ~ I c... . ~ 8 Ul Ul ~~ (l)~ ~ .... . t"1 ~~ ~ - ~ ~'"" ,Cr, ~ ~"'-> C- ~~ ~ -.C\ -.... -~ p~;~ ~:r>~~ .....Q 8 0..... lie S~~>-'I t"" I 0 ~~~ ~ i~ ~~ ~?;; ~~ KENNETH E. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs. : CIVIL ACTION - LAW . . ERMA J. GOSSERT, Defendant : NO. 2387 CIVIL 1991 : IN DIVORCE ORDBR 01' COURT AND NOW, this cJ.2~ day of ~ , 1994, upon presentation and consideration of the within Petition, a Rule is hereby issued upon Defendant, Erma J. Gossert, to show cause, if any she has, as to why the parties' divorce action should not be bifurcated, Rule returnable at a hearing to be held on~~ ' the rflV day of )z~, 1994, at 1': jo o'clock, A-:m. in .:5 Courtroom number , in the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J. "JI""" Ai' ,^ .' r"l~ ^~1-' 0,0., '\~! \1 " ,. ~~I ~~ "" II L\ ~J~ A.l.N:'''::;J kl!''i' ,\lO~' ' ,0 3J~ l;~ .', ~6. ~cl L~ \ tZ 42$ KENNETH E. GOSSERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . CIVIL ACTION - LAW . ERMA J. GOSSERT, . NO. 2387 CIVIL 1991 . Defendant . IN DIVORCE . PETITION PO. BIFURCATION AND NOW, comes Petitioner, Kenneth E. Gossert, by and through his counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Your Petitioner is Kenneth E. Gossert, the above named Plaintiff and an adult individual currently residing at 924 Franklin street, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is Erma J. Gossert, the above named Defendant and an adult individual currently residing at 909 Redwood Drive, Carlisle, cumberland County, Pennsylvania. 3. The parties are parties to the above captioned action, which was initiated by a divorce proceeding, which was filed by the Petitioner on July 11, 1991. 4. The Complaint in Divorce filed in this action raised the issue of divorce based upon Section 3301(C) of the Domestic Relations Code. 5. An answer to the complaint was filed by the Respondent on July 23, 1991, which raised the issues of equitable distribution, counsel fees, costs and expenses, alimony and alimony pendente lite, as well as other collateral issues. 6. This action has been processed to the point of having a pre-hearing conference before the standing Master, which pre- hearing conference was held on Tuesday, July 7, 1994. 7. Petitioner takes the position that the parties separated in June 1990 while Respondent takes the position that the parties separated in June 1991. 8. Whichever date of separation is accepted, the parties have been separated for well in excess of three years. 9. The parties are also parties to a partition action which was initiated by your Petitioner herein on July 8, 1991. 10. The partition action has not been resolved to date and is presently being scheduled for a hearing before the Honorable Court in order to allow the issue of partition to be resolved. 11. The standing Master in the instant action has indicated he does not feel he can proceed with the divorce and related economic issues until such time as the partition action is resolved. 12. Both parties are gainfully employed and able to provide for their own financial needs. 13. The parties should have the opportunity to move forward with their lives through a conclusion of the divorce which can occur through a bifurcation of the instant proceedings. 14. Neither party will be harmed by a bifurcation which will allow the divorce to be concluded while the economic issues remain to be resolved through the partition action and the equitable distribution and related matters before the standing Master. WHEREFORE, Petitioner requests your Honorable Court to issue a Rule upon the Respondent to show cause, if any she has, as to why the divorce herein should not be bifurcated. Respectfully submitted, GRIFFIE & ASSOCIATES ffie, Esquire for Petitioner orth Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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: cr k1j99 -.' ""---.""-",,.,,-"~,,,,<"""'''~'''-~--~'-''''''''''''~ . , ~~ ~66t II d3S_ , !~ ~ ~ I ~p~;~ I\) Gl ~ L.., 8~~1; () 0 ~ . I j; 0 "'1 H ~ () Z > ~ ~ 8 <: !"'l ~ z ~ 0 ::\ " 0 " " 1'1 Ul CJl S 8>-3 '" " ~ ~ 0 ~ Ul . 8 ~ ~ (Il I " ~~ U1 I C U1 z lI'> Ul i~~i " ~ r I ~ '"OUl c :s: '" '" ~ -< ~ tJ;l ~~ ~ ~ 1) Z U1 (fI H Hl " Z W )> 0 :J, ~ ~ 0 < ~ (fI ::l~ "tI (Il " ;:; M i- 0 > -< " ..... " 0 ~ () 2 ..... ;:; '" w (Il ~ ~ ::l ,.." ~ -< ..... Hl '" " Q ~ H ~~ ~ ~ ~ 1'1 ~ (fI ~ ~~ ~ r l' ..tI , . KENNETH E. GOSSERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : NO. 2387 CIVIL 1991 ERMA J. GOSSERT. . . Defendant . . PRABCJ:PB TO TlUUfSHJ:'1' lU!:CORD To the Prothonotary: 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) 3SOOC~IIIlt~~ of the Divorce Code. inapplicable section.) (strike out 2. Date and manner of service of the complaint: Certified mail, restricted delivery on July 15, 1991. J. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by Section JJ01(c) of the Divorce Code: by the Plaintiff: 11/1/94 ; by Defendant 11/.3 /94 (b) (1) Date of execution of the Plaintiff's affidavit required by Section JJ01(d) of the Divorce Code: N/A (2) Date of service of the Plaintiff's affidavit upon the Defendant: N/A 4. Related claims pending: Equitable Distribution, alimony, alimony pendente lite. counsel fees and exop-nses 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section JJ01(d}(l)(} of the Divorce Code. N/A Bradley L. Griffie, . o "'~ C:,...J. ~'j.::):,.'< rn~~r~' ~\~-~ ".,' ':..;.": ",,,,, ::-;;:'-';E-' ...... (?,., t~:~y. :.t~. 1f "'" p. ,-;;::' '1: ;>2- ~ .~ cp.. .. . . ~:C;:>:+:"XC;:>>>:;::"~:>:C'::>>>:;:>3C":::~>~~>>>:':>:C;:>>>:'::::":C':::"~::>>>:;::::":C;:>>>:;:::">>:',::*,,'-:>_:>:C;S;_'YM:<::'.~,:::,.-_~ I ~ '.' ~ ~', ~:<;; ~ IN THE COURT OF COMMON PLEAS ~ ~ I ~ DECREE IN ~ .~ D I V 0 R C E ik 1-0 ~ ~J..f,M ~ AN D NOW, . . . l'DveUtber. . . . y.. . . , . . . . . " 19.94..., it is ordered and ~..~ ~ ~ '", ~ .~".; -',.,' ~ ~'? i ~.~ COUNTY OF CUMBERLAND STATE OF .. PENNA. ~ ,~ t ~ a ~.~ ..~!<W\u.;J:..qQSSf,;E':\'Lu uUuu'uu., I II [I I N o. ...~3.aL......... .CIY-IM...., 19 91 ..\<;~:!m~'j'!!. .I';.... .qQSSEE'l'.... ... .1?1"i.n.t.i.fJ.. ...... Versus ~ ..~ ~ i ~.~ t'~ ~ ~", ..'~ ~ ,".; i " ',.' ...Defenda.nt.. ~.~ ~ ~~ I ..', ,~ ~ ,l'.. decreed that .~~I:lI:l~1'I!.~, .9Q$$J;:J.l................,...............,., plaintiff, and. . . . EIlMA. J... GOSSERT.,. . . . . . . . . , . . . . . . . . . . . . . . . . , . . . . . . . . . .. defendant, are divorced from the bonds of matrimony. ~ /',,; ~ .,..; ~ ~'~ ~ a ~.~ ~'s ~ ~.~ ~ ~~~ ~ ,.'.; ~ ~.~ ~ a ,..,: ~.~ ~ ~ .,~ 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; ?~!~~A~~~~ ~~~ p'~~~~~~'. .~~ip'~~~~~Qq.~qq .Q~q~~.Q(.~Q~~t .qat~q.~Q~ember.4., .1.9~.4... .t.h.e. .C.o.u.r.t. .r.e.t,a.iAs. j.u.r.is.dic.tiQn .Qf .this. .fo~lQwing .claims:. .Equitable . . Distribution, alimony, alimony pendente lite, counsel fees and expenses. By /~ E. ,,~;u~~Y<7 .... - - u.. Prothonotary ~ ~.,,; . ~.~ ~ a h ~~s ~ I i !l'.~ ~ ~.~ ~ ~ ~ ~.S ~ ~ ~ ~" ~ N ~ ~ ~ ,.0,;; i ~.,~ ~ ~.~ ~ !.~ a ~.~ ~ ~.~ w. ~.~ ,;.~ ~ ~ ~.~ ~. ,.; * J. ~ ... t '.' ~ Q .', * ~~~ , .( )....:: :::...< "'<e.:. :;*>.,"3eo.; >::.::-;:::;.::.:..,..::.:.....::<<...;::.:...::c.. ;;.::+:;:::..::+:.',:: ::'::+:',: >:+::.':: X+:',:: ,::.3t:. '.".:.:;,,'.:..::-..:"3t:.- >>>:~. . y!~~ '" 97 ~ II""" , KENNETH E. GOSSERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . CIVIL ACTION . : ERMA J. GOSSERT, . NO. 2387 CIVIL 1991 . Defendant . IN DIVORCE . CBRTIPlCATB OP SBRVICB I, Bradley L. Griffie, Esquire, hereby certify that I did, this 30th day of september, 1994, cause a true and correct copy of a Petition for Bifurcation to be served upon the Defendant by serving her attorney of record by first class mail, postage prepaid, to the following addresses: Jerry A. Weigle, Esquire Mark, Weigle & Perkins 126 East King Street Shippensburg, PA 17257 q~9l.f riffie, Esqu re IF & ASSOCIATES North Hanover street Carlisle, PA 17013 DATE: )~~,~ ""-..x..;p. -<", -<... c::::> ~ ....., f'o.) "" c:::> -0 =- - ~ . . .. KENNETH E. GOSSERT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, :PENNSYL VANIA vs. :CIVIL ACTION - LAW ERMA J. GOSSERT, Defendant :NO.2387 CIVIL 1991 :IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 1 (c) of the Divorce Code was filed on July 11, 1991. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. Dated: ;/-03-11 fvm-a:_ iL fli,-.:J<lVv!- Erma J. GMsert, Defendant 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. Section 4904 relating to unsworn falsification to authorities. MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA. '7251 ~ " .. tSS9"lES (LIL) :xv.f lI8EL-IES (LIL) ::;INOHd3'13.[ LSILI 'VNN3d 'DIII18SN3ddIHS 'U3HLS DNI)( LSV3 911 MV1 ~V SAONHOllV 'SNllIlI3d ONV 31913,\\ 'lIl1VW - . . ~ a: II' '" > ., ::c il:l I ~ :;; - ~ ~ .. ... > ..,'" '" '" ~ a > .. z ... .. " ::c ~ ... ~ ill > 0 t"l ~ .. 0 ;!l " - ~ z ~ z C'l c ;:! '" " I .., .. 5' :0: '" ~ . I ~~ 'Z '" t"l .., '" .. '" - ... " > > ~ .... ~ '" t ... z ~ ... Z b- '" Z t"'CI , '" .... ;> " i '" ... '" > "'= ... .:.. ;l .... - ::l :l' t"l .. .., ~ .. ... il:l . '" II': .., - z '" = o """ = C N -,: ~.;-: . <.0 -""- KENNETH E. GOSSERT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, :PENNSYL VANIA vs. :CIVIL ACTION - LAW ERMA 1. GOSSERT, Defendant :NO.2387 CIVIL 1991 :IN DIVORCE AND NOW, this ORDER OF COURT t( ~YOf ,J~994, upon presentation and consideration of the within Stipulation, IT IS HEREBY ORDERED AND DECREED that the parties' divorce action is bifurcated from the economic issues raised in the pleadings in this case which includes equitable distribution of marital property, counsel fees, costs and expenses, alimony and alimony pendente lite, exclusive possession of the marital residence, and insurance coverages. Neither party is prejudiced in any fashion relative to the pursuit of the economic issues so raised, but the parties shall be afforded the opportunity to finalize the divorce pursuant to Section 3301(c) of the Domestic Relations Code. This Court retains jurisdiction relative to all other economic aspects of the case raised through the pleadings. IT IS FURTHER ORDERED AND DIRECTED that Plaintiff shall be responisble for maintaining Defendant on Plaintiffs health insurance coverage through his employment, whether this be through COBRA application or other means. The cost of maintaining health insurance on Defendant through Plaintiff's employer shall be borne solely by Plaintiff. This obligation shall Icontinue until further Order fo Court or agreement of the parties. r"f ,...., MARK, WE.IGLE AND PERKINS _ ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURQ. PA. 17257 1.l;""i:',-1)AN~nd t4 .... -, ^,'v".~W^.~ j:r>, I.';.":.',l,.-,-\ ',}-'.lni1... 'll;~jlWH.ly' ':';~l jG J~~"_~.:l~ '1 ~i' : K, v.t 85 S r AON 'I KENNETH E. GOSSERT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, :PENNSYL VANIA vs. :CIVIL ACTION - LAW ERMA 1. GOSSERT, Defendant :NO.2387 CIVIL 1991 :IN DIVORCE STIPULATION AND NOW, the day and year hereinafter set forth, the parties, individually and through their legal counsel, stipulate and agree as follows: 1. The parties have been separated for in excess of two years. 2. Through pleadings in this action, various economic issues have been raised by the parties, including Equitable Distribution of marital property, counsel fees, costs and expenses, alimony and alimony pendente lite, exclusive possession of the marital residence and insurance coverages, which issues are presently pending for resolution before the standing master in Cumberland County. 3. Neither party waives any rights whatsoever to pursue any and all claims raised in the pleadings in the divorce action that would otherwise be available to them had the divorce action not been bifurcated. 4. Contemporaneously with the execution of this Stipulation to Bifurcate, the parties will each sign an Affidavit pursuant to Section 3301(c), thus, allowing the divorce aspect of this action to be completed. 5. Immediately upon the execution of this Stipulation, Plaintiff agrees to withdraw with prejudice the partition action filed against the Defendant to #2344 Civil 1991 so that all economic issues raised in the instant divorce action may be heard in accordance with the Pennsylvania Divorce Code as amended. MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG. PA. 17257 6. The parties wish to have the Court enter an Order verifying that the divorce action has been bifurcated from the economic issues remaining to be resolved with this action, thus, allowing a Decree in Divorce to be entered at this time. 7. Plaintiff, Kenneth E. Gossert, agrees to maintain the Defendant, Enna J. Gossert, on his health insurance through his employment and will solely and exclusively be responsible for any and all costs associated with maintaining this health insurance, including dental and vision coverage as now provided, at his sole expense. This obligation to maintain Defendant on Plaintiffs health insurance through his employment through COBRA or otherwise shall continue until further Order of Court or agreement of the parties, the intention being that Defendant shall not lose any health insurance benefit available to her through her marriage to Plaintiff in the event that the parties' divorce is concluded as anticipated herein. 8. Plaintiff agrees that he will not deduct any payments made on behalf of the Defendant pursuant to Paragraph 7 of this Stipulation as alimony on future federal income tax returns to be filed. Furthermore, Plaintiff agrees to indemnify, reimburse and hold harmless Defendant from any tax liability whatsoever incurred by her as a result of Plaintiffs health insurance payments on behalf of the Defendant pursuant to Paragraph 7 of this Stipulation. IN WITNESS WHEREOF, the parties, intending to be legally bound and to legally bind their heirs, executors and assigns, have hereunto set forth their hands and seals the day and year hereinafter written. II-'W Y.i ~ Date /fenneth. Go sert 1//03/1<( ~ l ~.2Ud Date Erma J. Gos ert Q ""\ MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG. PA. 17257 .. tSS9"'ttS (LIL) :xv." fl8tL~tfS (LILl :lNOHdl13j, L.StLl 'VNNld '~aJ1BSN3ddIHS 'U31US ::>1'1I1)1 Lsv3 911 MY'J.LV SA"HOllV 'SNIJl1I3d aNY 3'I9J3,\\ 'JllIVJ\j ~ . I ~ I 00 ,. ;;; :: := .. :; .. ". " '" .. ~>~ ~ "i '" '" a :> .. z t'l::1 , :: a !':' '" :> 0 t"l '" 0 '" "''' - g ~ z <:: "'zC'l : .. !:' " :O:"'t"" .... 5" I - - Z~~ "'.... ., .... - "Ii C'l :> ,. ~ ...~ '" i 0.-", z 00"'2 z '" t"" = , "'.... i'" " :> t "'... ... . lii :l1 "l:l <:l .. " .... '" t"l " Ii: ... := . '" .... '" - 2 '" ~ c;- "'" <-0 ,. ,n CO ~..2:. , . , . KENNETH E. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA .-....., v. : CIVIL ACTION - LAW : NO. 2387 CIVIL 1991 ERMA J. GOSSERT, Defendant : IN DIVORCE RUL~: S;~~USE AND NOW, bnn of'"" furegoing P,"linn f& Ali~oy P~d~'" L;to, Counsel Fees and Expenses, and on motion of Jerry A. Weigle, Esquire, Attorney for Petitioner, a Rule is granted on the Respondent, Kenneth E. Gossert, to show cause why he should not pay the Petitioner alimony pendente lite, counsel fees and expenses. Rule returnable on the I ) 1U day of -fe.ituu; 0' , 199~ at I; )Orln. V in Court Room \..J , Carlisle, Pennsylvania. By the Court, J. ".; ro <- roo :z: <..0 N o ~-: :.:;~ - u:> c..rI MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG, PA. 17257 . . I I KENNETH E. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. 2387 CIVIL ]99] ERMA 1. GOSSERT, Defendant : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES The Defendant, Erma J. Gossert, by her attorney, Jerry A. Weigle, Esquire, respectful]y represents as follows: I. Your Petitioner is Erma J. Gossert, the above named Defendant and an adult individual currently residing at 909 Redwood Drive, Carlis]e, Cumberland County, Pennsylvania. 2. Your Respondent is Kenneth E. Gossert, the above named Plaintiff and an adult individual currently residing at 924 Franklin Street, Carlis]e, Cumberland County, Pennsylvania. 3. A Complaint in Divorce was filed on Ju]y ]], ] 991. 4. An Answer to the Complaint in Divorce and New Matter was filed by the Petitioner (Defendant) on Ju]y 3, 199], wherein Petitioner seeks, inter alia, equitable distribution, alimony, alimony pendente lite, counsel fees, costs, and expenses. 5. A Decree in Divorce was entered November 4, ]994, whereby pursuant to the parties MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA. 17257 " , . stipulation and Order of Court dated November 4, 1994, the Court retains jurisdiction of the following claims: equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. 6. Respondent's obligation to pay spousal support pursuant to Order of Court dated June 15, 1993, in the amount of $37.00 per week, was terminated by Order of Court dated November 14, 1994, due to a Divorce Decree having been entered. 7. Petitioner has been put to considerable expense in preparation of her case in the employment of counsel, a pension evaluation, and payment of costs through December 22, 1994, as follows: Legal fees through December 22,1994 47 hours billed at $75/hr. through 12/31/93 43.25 hours billed at $90/hr. through 12/22/94 $3,525.00 3.892.50 $7,417.50 Costs advanced to date: Filing fees Pension Evaluation $90.00 361.25 451.25 Total Fees and Costs Through December 22, 1994 ~.86P5 8. A substantial portion of Petitioner's legal fees incurred in this proceeding have been to defend a mvolous partition action filed by Respondent against Petitioner which consumed more than 2 1/2 years to resolve. 9. Petitioner has been able to pay only $750.00 toward her legal fees incurred to date. MARK, WEIGLE A.ND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG. PA. 17257 I' , . . I' " 10. Petitioner is without adequate funds to support herself and to meet the costs and expenses of this litigation and is unable to sustain herself during the pendency of this action in the absence of a reasonable contribution by the Respondent. (See attached Exhibit "A" concerning income and expenses.) II. Respondent is at present employed as a police officer in the Borough of earl isle and earns in excess of Forty Thousand Dollars ($40,000.00) per year. The Respondent also has earnings from part-time temporary employment. WHEREFORE, Petitioner prays that your Honorable Court grant a Rule on Respondent to show cause why an Order should not be made upon him to pay Petitioner alimony pendente lite and to pay her counsel fees and expenses. MARK, WEIGLE AND PERKINS DATE: / Z -1 -, ~ ~ L- ( By: A. Wel , Esquire Attorney for Defendant Attorney LD. #01624 126 East King Street Shippensburg, PA 17257 (717) 532-7388 MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA. 17257 1\ . . l I verifY that the statements made in the foregoing Petition for Alimony Pendente Lite and Counsel Fees 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. Dated: 1.J-,1.J -1'1 ~~.~ Erma J. Gosse MARK, WEJG1..E AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG, PA. 172.57 I . I f ,." ,;' ., L~J'6'r A MONTHLY BILLS - JEAN GOSSERT MORTGAGE - FARMERS TRUST $333.85 HOME EQUITY -DAUPHIN DEPOSIT 410.81 . PROPERTY TAXES 174.00 PROPERTY INSURANCE . 21.00 ELECTRIC (BUDGET) 94.00 TELEPHONE 30.00 TV CABLE 24.10 WATER/SEWER 34.00 GARGAGE COLLECTION 8.40 NEWSPAPER 8.00 AUTO EXPENSES (INS., GAS, INSP.,ETe) 110.00 TOTAL $1248.16 FOODIHOUSEHOLD EXPENSES/ (whatever remains after other expenses are paid) CLOTIllNG --------- GROSS PAY is $7.35 per hour x 80 hours =: $588.00 hi-weekly $588.00 hi-weekly x 2 = $1176.00 monthly Some overtime hours are eamed. This fluctates from pay day to pay day, averaging 4 to 10 hours per month. Interest income totaled nearly $700.00 for 1993, most of which could not be touched because of a court order. 1994 interest income unknown. J. V. ERMA J. GOSSERT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2387 CIVIL 1991 KENNETH E. GOSSERT IN RE: PErITlON!:OR ALIMONY PENDENTE-LITE QRDER OF COURT AND NOW, January 31, 1995, the Court having been infonned that a Master's hearing is pending in the near future, the hearing set for Friday, February 17, 1995, is cancelled, and the petition for alimony pendente lite will be resolved by the Master at the Master's hearing. By the Court, Jerry Weigle, Esquire Bradley Griffie, Esquire - ~ ~ ~131<jS: ..J.p. ...., "., co (,.W c C-, :=-'. ... ~ - "" c.n II ., . KENNETH E. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 2387 CIVIL 1991 ERMA J GOSSERT, Defendant IN RE: PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES ORDER OF COURT AND NOW, April t;" , 1995, the Court having been informed by Counsel for the Defendant, that a Master's Hearing has been continued to July 11 and July 12, 1995, a hearing on Defendant's Petition for Alimony Pendente Lite, Counsel Fees and Expenses, is rescheduled before the Court on Thursday, May 25, 1995, at 9:30 a.m. By the Court, J. Jerry A. Weigle, Esquire ~.~'t161"~. p. f. Bradley L. Griffie, Esquire ':;,\'.",' ., "" .-:':;\t.\\:J ( \ " 60 ,. I~' \l J...\~~l.,(~">" ~ . <; );"~ S~, ~ <Jt \\ r. \!~~ .' MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPEN5BURG, PA. 17257 4 KENNETH E. GOSSERT, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : vs. CIVIL ACTION - LAW : ERMA J. GOSSERT, Defendant : NO. 2387 CIVIL 1991 IN DIVORCE rEa 01' co~ ' Q AND NOW, this U day of '1.U.....'" presentation of the within Motion to Dismiss, , 1995, upon the al imony pendente lite hearing presently scheduled for Thursday, May 25, 1995, is hereby canceled and vacated in light of the fact that a Master's Hearing is scheduled for July 11 and July 12, 1995. BY THE COURT, J. =- ..." = ....., - r~. ~ c:- <.)1 -0 :J: 'f", - ~ KENNETH E. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ERMA J. GOSSERT, Defendant NO. 2387 CIVIL 1991 : IN DIVORCE MaTZO. TO DZSMZSS AND NOW comes Petitioner, Kenneth E. Gossert, by and through his counsel of record, Bradley L. Griffie, Esquire, and petitions the Court as follows: 1. Petitioner is the above-named Plaintiff in a divorce action presently pending before this Court. 2. Your Respondent is the above-named Defendant in a divorce action presently pending before this Court. 3. The parties in this action separated in excess of four years ago. 4. This divorce action was initiated by your Petitioner and has been pending since the filing of the Complaint in this action on July 11, 1991. 5. By Stipulation and Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A", the parties were divorced by Decree of Divorce dated November 4, 1994. 6. Pursuant to the parties' Stipulation and Agreement on that date the Court retained jurisdiction of. the issues of equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. 7. Pursuant to the parties' stipulation, Petitioner has retained Respondent on his health insurance throuqh COBRA payments, assuming all costs associated with maintaining Respondent's health insurance. 8. The collateral and economic issues associated with the parties' divorce will be heard by the standing Master in Cumberland County on July 11 and July 12, 1995. 9. The information that will be heard by the standing Master in this case is the same information that the Court would hear in its hearing presently scheduled for Thursday, May 25, 1995, on alimony pendente lite. 10. To hold an Alimony Pendente Lite Hearing approximately six weeks prior to the Master's Hearing in this case will be a duplication of the Court's efforts as well the duplication of costs and expenses for both parties in retaining their legal counsel to pursue the matter twice through these two separate hearings. 11. The Master has authority to order Alimony Pendente Lite if the Master deems that is appropriate in this case and can do so on July 11 or July 12, 1995, following the hearinq in this matter. 12. The parties have already incurred dramatic legal expenses which were unnecessary and could have been avoided had Respondent voluntarily entered into reasonable negotiations to settle this case. WHEREFORE, Petitioner requests your Honorable Court to dismiss the Petition for Alimony Pendente Lite and require this matter to be heard and resolved at the time of the Master's Hearing in this case. Date: ~~q5 Respectfully submitted, GRIFFIE & ASSOCIATES By: . Gri , quire h Hanover Street arlisle, PA 17013 (717) 243-5551 (800) 347-5552 Attorney for Plaintiff VBR:II':ICAT:IOJl I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1-/l"-1~ KENNETH E. GOSSERT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, :PENNSYL VANIA vs. :CML ACTION - LAW ERMA J. GOSSERT, Defendant :NO.2387 CIVIL 1991 :IN DIVORCE ORDER OF COURT AND NOW, this i.f#' day of NCl\l eM W 1994, upon presentation and consideration of the within Stipulation, IT IS HEREBY ORDERED AND DECREED that the parties' divorce action is bifurcated from the economic issues raised in the pleadings in this case which includes equitable distribution of marital property, counsel fees, costs and expenses, alimony and alimony pendente lite, exclusive possession of the marital residence, and insurance coverages. Neither party is prejudiced in any fashion relative to the pursuit of the economic issues so raised, but the parties shall be afforded the opportunity to finalize the divorce pursuant to Section 330l(c) of the Domestic Relations Code. This Court retains jurisdiction relative to all other economic aspects of the case raised through the pleadings. IT IS FURTHER ORDERED AND DIRECTED that Plaintiff shall be responisble for maintaining Defendant on Plaintiffs health insurance coverage through his employment, whether this be through COBRA application or other means. The cost of maintaining health insurance on Defendant through Plaintiffs employer shall be borne solely by Plaintiff. This obligation shal !continue until further Order fo Court or agreement of the parties. TRUE COpy FROM RECORD '~J:mony Whereof. I hereunto set my hand his. -<f~ lit said Cott!ljat Car1lsle. Pa. y ot IVov'. . 1994 Prothonotary BY THE COURT, /Sf d~ c ~ .. ~ t-Je,.{(:eI George E. HOffer, Judge - EXHIBIT "A" - MARK, W&;tGLE AND PERKINS _ ATTORNEVS AT LAW - 12S EAST KING STREET _ SHIPPENSBURG. PA. 17257 " KENNETH E. GOSSERT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, :PENNSYL VANIA vs. :CIVIL ACTION - LAW ERMA J. GOSSERT, Defendant :NO.2387 CIVIL 1991 :IN DIVORCE STIPULATION AND NOW, the day and year hereinafter set forth, the parties, individually and through their legal counsel, stipulate and agree as follows: 1. The parties have been separated for in excess of two years. 2. Through pleadings in this action, various economic issues have been raised by the parties, including Equitable Distribution of marital property, counsel fees, costs and expenses, alimony and alimony pendente lite, exclusive possession of the marital residence and insurance coverages, which issues are presently pending for resolution before the standing master in Cumberland County. 3. Neither party waives any rights whatsoever to pursue any and all claims raised in the pleadings in the divorce action that would otherwise be available to them had the divorce action not been bifurcated. 4. Contemporaneously with the execution of this Stipulation to Bifurcate, the parties will each sign an Affidavit pursuant to Section 3301(c), thus, allowing the divorce aspect of this action to be completed. 5. Immediately upon the execution of this Stipulation, Plaintiff agrees to withdraw with prejudice the partition action filed against the Defendant to #2344 Civil 1991 so that all economic issues raised in the instant divorce action may be heard in accordance with the Pennsylvania Divorce Code as amended. MARK. WEIGLE AND PERKINS _ ATTORNEYS AT LAW - f 26 EAST KING STREET _ SHIPPENSBURG, PA. 17257 6. The parties wish to have the Court enter an Order verifying that the divorce action has been bifurcated from the economic issues remaining to be resolved with this action, thus, allowing a Decree in Divorce to be entered at this time. 7. Plaintiff, Kenneth E. Gossert, agrees to maintain the Defendant, Enna J. Gossert, on his health insurance through his employment and will solely and exclusively be responsible for any and all costs associated with maintaining this health insurance, including dental and vision coverage as now provided, at his sole expense. This obligation to maintain Defendant on Plaintiff's health insurance through his employment through COBRA or otherwise shall continue until further Order of Court or agreement of the parties, the intention being that Defendant shall not lose any health insurance benefit available to her through her marriage to Plaintiff in the event that the parties' divorce is concluded as anticipated herein. 8. Plaintiff agrees that he will not deduct any payments made on behalf of the Defendant pursuant to Paragraph 7 of this Stipulation as alimony on future federal income tax returns to be filed. Furthennore, Plaintiff agrees to indemnify, reimburse and hold harmless Defendant from any tax liability whatsoever incurred by her as a result of Plaintiff's health insurance payments on behalf of the Defendant pursuant to Paragraph 7 of this Stipulation. IN WITNESS WHEREOF, the parties, intending to be legally bound and to legally bind their heirs, executors and assigns, have hereunto set forth their hands and seals the day and year hereinafter written. /I-Qj'ly" C1.'~~_~Uid. Date Enna J. GoSsert /r-03-1( Date MARK. WEIGLE ANt) PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET _ SHIPPENSBURG. PA. 17257 <' ~66t I Z MdV, , . . . . ALL-STATE LEGAL SUPP!.Y CO. FORM NO e71e2-SF.1l1\J3-Bl...1l715S-Gy.e715e.WI-l . - t<:I ~ 'dOH :<I t<:I t<:I'"':IZ :s: :s: Z Z 0 :0< Z Zn0,3 '" Gl 0,3 t<:I tnC::<: 0 :u H t..o 0,3 ><::s:t<:I () 0 0 . ::<: t"'tll I :j; "'11 Z <:t<:In ~ () Z > "'11 e;) t<:I :0<:<10 ~ z ~ 0 -< W 0 " " -< 1'1 0,3 0 <: . Zt"'C '" " r -< 0 0 tn (Jl H:O<:<I ~ -< (fl iii I " P. Otn . 'de;) :O<Z0,3 (J1 I C Z r I 0 (1) t<:I .....0 0 W ~ !" ~ c :s: '" ~ -< )> H Hl:<l ~ tn 0 " ~ W 1) Z ~ (fI tn (1) 0,3 ..... tn n'"':l 0 0 ;. z 0 > < (fI :s: ::l' ::l t<:I 0 -< 1) Ul ~ ;:j ~ i- 0 H 0. rt:<l cn > -< " tn ~ ""-0,3 ZO " 0 ~ 0 ;:j ~ w Ul ~ tn ::l Hl' 0,3:s: ~ -< rt Hl ><::s: '" -< " Q ~ , 0 '" 1'1 Z -< (fI 'd t"' t<:I ~ ~ ~ t ~ )J l '-- --<\ . KENNETH E. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2387 CIVIL 1991 IN DIVORCE ERMA 1. GOSSERT, Defendant JUDGE EDGAR B. BAYLEY ~11) 8.,-SO Acj(J'() S CO. RULE TO SHOW CAUSE AND NOW, this ;l16/aayof J~ ,1998, upon motion ofJerry A. Weigle, Esquire, attorney for Petitioner, and upon consideration of the within Petition for Contempt, a rule is entered on the Respondent, Kenneth E. Gossert, to show cause why the prayer of the within petition should not be granted. Rule returnable on the (p u.. day of ~, , 1998, at g LfS \no in Court Room 2-, of the Cumberland County Court House, Carlisle, Pennsylvania. <L 1. L MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHlPPENSBURG, PA. 17257 \l;i '~"j/\l)\(,:\:N3d ;\lNf'Cn ":':~C'i\n:) 1 Z :'1 lid LZ U3.H!G ^tNlC\\;,J,.tl'~~;:;j':,j jO J81~::!o-QJ11:.J . KENNETH E. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. 2387 CIVIL 1991 IN DIVORCE ERMA J. GOSSERT, Defendant JUDGE EDGAR B. BAYLEY PETITION FOR CONTEMPT FOR VIOLATION OF AN ORDER OF COURT ENJOINING PARTIES FROM DISPOSING OF, ALIENATING OR ENCUMBERING MARITAL PROPERTY The Defendant, Erma 1. Gossert, by her attorney, Jerry A. Weigle, Esquire, respectfully represents as follows: 1. Your Petitioner is Erma J. Gossert, the above-named Defendant and an adult individual currently residing at 909 Redwood Drive, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is Kenneth E. Gossert, the above-named Plaintiff and an adult individual currently residing at 924 Franklin Street, Carlisle, Cumberland County, Pennsylvania. 3. A Complaint in Divorce was filed on July II, 1991. 4. An Answer to the Complaint in Divorce and New Matter was filed by the Petitioner (Defendant) on July 23, 1991, wherein Petitioner seeks, inter alia, equitable distribution, alimony, alimony pendente lite, counsel fees, costs and expenses. 5. A Petition for Injunction was filed on September 24, 1991, wherein the Respondent requested this Court to enter an Order enjoining the parties from alienating any of their marital assets. By Order of Court dated December 2, 1991, upon the presentation and consideration of the parties' Stipulation and Agreement, it was ordered that the parties were enjoined from disposing of, alienating or encumbering any of the marital property, both real and personal, in any manner, whether that property is owned in individual names or in joint names, until further Order of Court or until the divorce proceedings were concluded. (See attached Exhibit ). MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENS8URG, PA. 17257 . 6. A Decree in Divorce was entered November 4, 1994, whereby pursuant to the parties stipulation and Order of Court dated November 4, 1994, the Court retains jurisdiction of the following claims: equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. 7. In March 1995, the Respondent began to receive pension payments under a pension earned while he was married to the Petitioner and as a result of his employment as a police officer with the Borough of Carlisle, said pension being a major asset of the marital estate. 8. Pursuant to the aforementioned Order of Court dated December 2,1991, the Respondent would have been enjoined from disposing of or dissipating any of the pension benefits, being that these benefits are marital property. 9. Although the Petitioner has no direct knowledge nor accounting of how these pension payments are being utilized, the Petitioner has reason to believe that the Respondent is using the entire monthly payments for living expenses, thereby, disposing of marital property which is in violation of the aforementioned Order of Court. 10. Respondent is at present employed as a Deputy Sheriff in the Sheriffs Department of Cumberland County. 11. The Petitioner is at present employed as a clerk at the Best Western Inn in Middlesex Township, Cumberland County. 12. Respondent's obligation to pay spousal support pursuant to Order of Court dated June 15, 1993, in the amount of thirty-seven ($37.00) dollars per week, was terminated by Order of Court dated November 14, 1994, due to a Divorce Decree having been entered. MARK. WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA. 17257 WHEREFORE, the Petitioner respectfully requests your Honorable Court to: (a) Find Respondent in contempt for disposing of marital property, (b) Direct Respondent to file an accounting of pension payments received to date, (c) Direct that future pension payments be deposited in an escrow account until further Order of Court resolves the equitable distribution of the marital property, (d) Such other relief as your Honorable Court deems appropriate. Date: 1~1-7-rcrr Respectfully submitted, MARK, WEIGLE AND PERKINS Or BY: Je A. eigle, Esquire Attorney for Petitioner MARK, WEIGLE AND PERKINS _ ATTORNEYS AT L.AW - 126 EAST KING STREET - SHIPPENSBURG. PA. 17257 I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904, relating to unsworn falsification to authorities. Dated: 'tfVN' d. d - 1"10, q ~.!-~. ErmaJ. Goss MARK. WEJGLE AND PERKINS _ ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG. PA. t 7:;!:57 KENNETH E. GOSSERT, Plaintiff ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ; vs. CIVIL ACTION - LAW ERMA J. GOSSERT, Defendant NO. 2387 CIVIL 1991 IN DIVORCE ORDER OF COURT AND NOW, this d. m.tl day of d0-U.u~f0ev 1991, upon presentation and consideration of the within Stipulation and Agreement, it is hereby ordered that the parties are enjoined from disposing of, alienating or encumbering any of the marital property, both real and personal, in any manner, whether that property is owned in individual names or in joint names, until further Order of Court or until the divorce proceedings in this matter and the partition action docketed in the Court of Common Pleas of Cumberland County to No. 2344 Civil 1991 have been concluded. BY THE COURT, Isl ~'iB.~ Edgar B. Bayley, Jud e d- cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Jerry A. Weigle, Esquire Attorney for Defendant Exhibit T~eE r:-~[)'.' r-I")l"'-~A r~~t.!~D In l~:L":;~'-", .f,.' . ::,. ,,\ -~';r ":".~';1'~;":'~~ hand (litO ,'I',,:.. ....:.,' :~.', .- __' " - --- ~- '-;"'~,., E:7 C:rii.:::l3, r a. Thisc2~, day oL~~", 19,,9./ ""u"~1"~".""!:~!n;t~;y"""""~ gS61. 9 7, A1:l~ lSS~l(s (uLl '...f.. IlKL-l€S (ULl "NOH"~'~ LSUI 'VNN'd '9InOSN...,HS '",.us 9NI1I ~SVlI9l1 "'V"l ~v SUNIOJ.LY 'SNIJIlI3d ONY 3'1913,\\ '1I1IYW . .., ~ "--!HZCJ(")H ~ .., Sz:,~~z z ~ z Cj:)tj Htdt-i .., ~HNt'"l~';:I:: '-< '"' <'-' ~.., I '" > :,; ..,000> ;l :: .. ~ '" t;"'....,,,S;" .. .., G')n t-i 0 ... 0 ~"'''Ht;C1 j ... ... ~>~ Ul HO '" .., ~ '" Ul '" <z",", > :: z l'l::l!ll .., < 0 '" H 0 ~ c ~ > c '" '" Ul t-< I C10 f '" III .. .., '"' Ul z.., '::l z '" z C'l '"' .., '" -t-<::! I .. t!' III lI'i!:1~ H '" :'< "'> " .... '" '"' t; I -~- ZrI:J~ "''"' I..O~" 0 ~~'"I:l H " .....- t-< - "'~ f "'....'" '" > > 0 Ho " .., ~-z ","'2 z '" .... >< ..,0 b."'z "'e-I:l " " zz ~~> 1ll>"'ll 0. rt z .... , . " .... Ul'" .... .. !:l:l! !ll " Ho ><t-< 8: .... rt Ho t-<.., ~ !)l " <> .... l'i >Ul .. z 2 HO rIl >.., -:tJ~ ~ - E- P RJ' ~ ~~ Fl' NA c. C ~ (' ~ "T.J;:,. \::. c> r--,', n :i\ '_0 :::,:.:l .." ;":1 "'J N l.. ~ i ~:~ () ,,/ -- en . '""!1 i_~~ :,1-:) , ;,'-) - ~'-:1 "', 2') :;~\l" -'-'" ::.0, -'. ~~. ,... .r-.... /-.. :J. :n I" '-.J " KENNETH E. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION. LAW NO. 2387 CIVIL 1991 IN DIVORCE ERMA J. GOSSERT, Defendant JUDGE EDGAR B. BAYLEY COMMONWEALTH OF PENNSYL V AINIA ss. CUMBERLAND COUNTY AFFIDAVIT OF SERVICE I, Joseph P. Ruane, Esquire, served a Petition for Contempt for Violation of an Order of Court Enjoining Parties from Disposing of, Alienating or Encumbering Marital Property, together with the Rule to Show Cause, on Bradley 1. Griffie, Esquire, Attorney for Plaintiff/Respondent, by personally delivering said documents to Attorney Griffie at the Law Office of Griffie and Associates, 200 North Hanover Street, Carlisle, Pennsylvania, on Friday, February 27,1998, at approximately 4:35 p.m. Sworn to and subscribed before me ""%'to, of ~ LfJJx{!N2~ Y? (/ -...... ....L. ........... ........" 1 1 . ..... ..-............ J._ MARK. WEIGLE AND PERKINS _ ATTORNEYS AT LAW _ 126 EAST KING STREET - SHIPPENSBURG. PA 17257.1397 c-:' C ;;>- t:J -',,- rr-W ~C'., If ~ "". ::l~ 9? .:n r\) fIII..- ........ J..... ... n Jf r - II..... _.t... ......~.. 1..0 D:I ::ll: ~~ ~o f\) cr. o ., ~;:I .~~1:n r- ":7fll ""9 :lo J!cn ,",::0 -;;.(") (Sin -,I 5:; -< . KENNETH E. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW IREClElIVlED ERMA J. GOSSERT, Defendant : NO, 2387 CIVIL 1991 : IN DIVORCE APR 1. ANSWER TO PETITION FOR CONTEMPT AND COUNTER-PETITION FOR SPECIAL RELIEF OFfICE OF JlJIlIilE BIBttAM ~ .-...---".-. _.-~_.....--.~..........- ...- AND NOW, comes Plaintiff, Kenneth E. Gassert, by and through his counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates and respectfully represents as follows: ANSWER I. Admitted. 2, Admitted. 3. Admitted. It is further averred that the Plaintiff is the party who initiated the divorce action on July 11, 1991. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that the Plaintiff herein and the named Respondent in the Petition for Contempt filed a Petition for Injunction on September 24, 1991. It is further averred that the Order and Stipulation speak for themselves. It is denied that the Plaintiff referenced all marital property in this Petition, but rather was concerned about the fact that there were certain marital assets, such as Certificates of Deposit that were held in the parties' joint names, but were titled in such a manner that they could be alienated by either party. It is further averred that upon contacting counsel for the Petitioner herein, a Stipulation was agreed upon, which is attached hereto and incorporated herein by reference as Exhibit "A", together with the resulting Order of Court. The aforementioned Stipulation specifically referenced the fact, "The parties agree and admit that they have various items of personal property and real estate which are marital property as defined under the Divorce Code of 1980, as amended, said property being owned in individual names and in joint names." At the time of implementation and signing of the Stipulation and Agreement, the Respondent herein was a police officer employed by the Borough of Carlisle. It is further averred that at the time of signing of the Stipulation and Agreement in November 1991, to the Respondent's knowledge, the possibility of him securing retirement from his employment as a police officer with the Borough of Carlisle could not occur until September 1996. It is further averred that neither the Respondent nor the Petitioner contemplated that the instant divorce proceedings would not be resolved prior to that time. It is further averred that the parties did not contemplate, intend or consider the Respondent's borough police officer pension to be part of their Stipulation and Agreement. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that in March 1995 the Respondent began receiving his pension from his employment as a police officer with the Borough of Carlisle. It is admitted that a portion of this pension is to be considered a marital asset under the Divorce Code of 1980, as amended. It is further averred, however, that the only means in which the Respondent could retire in March 1995, rather than September 1996, was due to the fact that he used post-separation, non-marital funds to purchase additional time from his prior military career, which allowed him to retire one and one-half years earlier than anticipated. It is further averred that at the time of retirement, Petitioner herein was fully aware of the Respondent's intention to retire and the fact that he did retire. It is further averred that the Respondent's retirement was of public record and, in fact, noted in the local newspaper in Carlisle, Pennsylvania, where the Petitioner resides. It is further averred that at all times Petitioner and her various counsel were aware of the Respondent's retirement. 8. Denied. At the time when the Stipulation and Agreement was entered into, which resulted in the Order of Court of December 2, 1991, the parties did not anticipate that the Respondent would be retiring during the pendency of the instant divorce proceedings, nor did they intend that the Order of Court of December 2, 1991 contemplated that the Respondent would not be able to receive his retirement benefits at the time of his retirement. It is further averred that the Master's hearing in this case was heard before the standing Master, E. Robert Elicker, II, Esquire, on July 9 and July 10, 1996, at which time no comment was made, nor was there any request of the Master, nor was there a Petition for Special Relief filed with the Court, claiming that the Respondent had been doing anything improper by receiving his retirement benefit. It is further averred that at all times the Respondent has made Petitioner and her legal counsel, as well as the Master in this case, aware of the fact that he needed to secure not only his pension, but also had to continue employment, in order to meet the tremendous marital debt that he carried over from the parties' separation, including in excess of $16,000,00 in school loans for the parties' children. It is further averred that, as the Petitioner and her legal counsel are aware, Respondent allowed all marital personal property and household furnishings to remain with the Petitioner, such that the Respondent was required to purchase all new furniture, appliances, utensils, linen and all other items to establish a residence for himself, which was done through the borrowing of funds, which are still being paid back by the Respondent. 9. Denied. It is denied that the Petitioner has no knowledge or accounting of the funds in that the Respondent was receiving his retirement at the time of the Master's hearing in this case on July 9 and July 10, 1996, and Respondent was questioned extensively relative to the fact that he was receiving such retirement funds. It is further averred that at all times the Petitioner has been aware of the fact that the Respondent has extensive debt that was incurred during the parties' marriage, for which he has taken sole responsibility and for which these funds are being used. It is further averred that through various conferences with the standing Master in Cumberland County, discussion has been held relative to the fact that the Master intends to attempt to resolve this case through the immediate off-set method approach to the distribution of the parties' marital assets. In further evidence of this, attached hereto and incorporated herein by reference as Exhibit "B" is correspondence dated July 22, 1997 to counsel of record for the parties, wherein, on page 2, in the first full paragraph on that page, the Master noted, "In spite of what counsel think, I do intend to try to use an immediate off-set method approach." It is further averred that over the past two years since the Master's hearing in this case, the Petitioner, through counsel, has taken intentional actions to delay this case and continue the final hearing in this matter in an attempt to create financial hardship for the Respondent. It is further averred that over the past two years, correspondence from counsel for the Respondent to counsel for the Petitioner has gone unanswered for up to four and five months. It is further averred that upon recommendation by the Master that the parties enter into a Stipulation relative to testimony that would be presented by the parties' respective experts concerning the value of the Respondent's pension as a police officer, Petitioner and her legal counsel have repeatedly taken the position that live testimony of these experts is necessary, even though the Master and counsel for the Respondent believe that there is no reason whatsoever that a signed Stipulation verifYing these experts' testimony is an acceptable, appropriate and expedited means of resolving this case. It is further averred that the Petition at issue, relative to claim of contempt against the Respondent, was reviewed and signed by the Petitioner and by her legal counsel on January 22, 1998, in full knowledge of the fact that the final ~ter's hearing in this case was scheduled for March 31, 1998. Despite this, Petitioner and her legal counsel "sat" on the Petition for over a month and then filed the Petition on February 27, 1998, some five weeks after it was signed, claiming emergency and urgency in this matter, which emergency and urgency does not and did not exist. It is further averred that the sole intention of holding the Petition for over five weeks and filing it when it was filed was to create additional delay and cause the present repercussions, which have resulted in the Master's hearing, which was scheduled for March 31, 1998, to again be continued with the likelihood that this case will not be heard nor resolved until the summer of 1998, some two years after the principal Master's hearings were held in this case. It is further averred, and Petitioner believes, that the sole purpose in filing the instant Petition was to create additional attorney's fees and expense for both parties, to delay the Master's hearing, and to delay the inevitable decision that the marital assets in this case can be distributed pursuant to the immediate off-set method, wherein the Petitioner would not receive any monthly portion of the Respondent's pension. 10. Admitted. It is further averred, however, that the facts set forth in paragraph 10 are irrelevant to the instant Petition. 11. Admitted. It is further averred, however, that the facts set forth in paragraph 11 are irrelevant to the instant Petition. 12, Admitted. It is further averred, however, that the facts set forth in paragraph 12 are irrelevant to the instant Petition. WHEREFORE, Petitioner requests your Honorable Court to dismiss the Petition for Contempt filed by the Petitioner. COUNTER-PETITION FOR SPECIAL RELIEF 13. Respondent's answers to Petitioner's paragraphs 1 through 12 as set forth above are incorporated herein by reference as if set forth in their full text. 14. The parties' Stipulation and Agreement entered into by signing of the Stipulation by Plaintiff, Kenneth E. Gossert, on November I, 1991, and Defendant, Erma 1. Gassert, on November 21, 1991, was done at a time that neither party anticipated that the Plaintiff would be in a position to retire from his employment as a police officer with the Borough of Carlisle, during the pendency of the parties' instant divorce proceedings. 15. Evidence of the parties' position in this matter is found in paragraph number 2 of the Stipulation, which is attached hereto and incorporated herein by reference as Exhibit "A", wherein the parties reference their "various items of personal property and real estate which are marital property. , . " 16. With the full knowledge of the Defendant, Erma 1. Gassert, and her legal counsel, Plaintiff retired as a police officer with the Borough of Carlisle, effective March 1995. 17. Approximately one year and four months later, the parties were involved in a two-day Master's hearing in an effort to bring their divorce action to a conclusion. 18. Since July 9 and July 10, 1996 when the parties had their two-day Master's hearing, repeated attempts have been made by the Plaintiff, directly and through counsel, to resolve this case by agreement. 19. Since the Master's hearing was held in this case on July 9 and July, 1996, the Master has conducted various conferences with counsel and with the parties in an effort to reach a comprehensive settlement in this case. 20. Defendant has repeatedly taken the position that she is entitled to receive a portion of Plaintiff's monthly pension benefit. 21. Plaintiff has repeatedly taken the position that the immediate off-set method can be implemented in this case, which would provide sufficient funds and assets to the Defendant, such that she would not be entitled to receive a monthly benefit from the Plaintiff' s m~qthly pension benefit. 22. As noted in the correspondence to counsel for the parties from the standing Master, which is attached hereto and incorporated herein by reference as Exhibit "B", the Master intends to attempt to enter into a comprehensive Report and Recommendation in this case wherein the immediate off-set method would be used. 23. The Defendant and her legal counsel are aware of the Master's position and, therefore, have taken repeated actions to try to delay a final resolution of this case. 24. The instant Petition for Contempt which was filed before the Court on February 27, 1998, as a "urgent matter", was actually prepared and signed by the Defendant and counsel for the Defendant on January 22, 1998. 25. The Defendant and her counsel intentionally withheld the filing of the Petition for Contempt until closer to the time of the Master's hearing in hopes that the filing of the Petition would cause the final Master's hearing in this case scheduled for March 31, 1998, to be delayed. 26. The Defendant and her legal counsel are "grasping at straws" in an effort to create financial hardship for the Plaintiff in an interim basis, rather than expeditiously processing the resolution of the case through a Master's Report and Recommendation because Defendant and her legal counsel have been made aware by the Master that they are not going to secure the relief to which they believe the Defendant is entitled. 27. The Plaintiff has been retired for in excess of three year with the full knowledge of the Defendant and her counsel. 28. At the time of the two-day Master's hearing in this case on July 9 and July 10, 1996, the Plaintiff was receiving his retirement from his employment as a police officer with the Borough of Carlisle. 29. Despite knowledge of the fact that the Plaintiff is receiving his retirement benefits for three years, the Defendant and her legal counsel took no action to request that the Court intervene via a Petition for Special Relief or for Contempt, to prohibit or enjoin the Plaintiff from receiving his retirement benefits. 30. The actions of the Defendant and her legal counsel in not taking action over the past three years while the Plaintiff was receiving his retirement benefits is indicative of the fact that they have understood, all along, that the parties did not intend in their Stipulation from November 1991 to prohibit the Plaintiff from receiving his retirement benefits. 31. The Plaintiff took with him tremendous debt from college loans for the parties' children at the time of their separation and left essentially all marital personal property and household furnishings at the marital residence with the Defendant at the time the parties separated. 32. Because of the marital debt that the Plaintiff assumed and the fact that he had to completely furnish a residence through the borrowing funds, the Plaintiff was and continues to be in tremendous debt. 33. The Court's Order of December 2, 1991 remains in effect until further Order of Court or until the divorce proceedings in this matter and the partition action, docketed in the Court of Common Pleas of Cumberland County to No. 2344 Civil 1991, have been concluded. 34. While the partition action has been concluded, the divorce proceedings are still pending and, therefore, if the Court determines that the Court Order of December 2, 1991 includes Plaintiffs ongoing receipt of his pension, which is needed for him to survive on a day-to-day basis, further Order of Court is necessary in order to remove the Plaintiff s receipt of his pension from the Court's Order. 35. The filing of the Petition for Contempt or Petition for Special Relief by the Defendant in the instant action was done solely in an attempt to avoid a final conclusion to the Master's hearing as long as possible and, further, in an attempt to create financial hardship for the Plaintiff in an effort to try and force the Plaintiff to settle on the Defendant's telll1s in this case, rather than continue to process the final resolution of this case through a Master's Report and Recommendation. 36. Defendant has been dilatory throughout these proceedings in failing to respond to settlement overtures by the Plaintiff for periods of four and five months at a time, and failing to respond to requests by the standing Master to assist in scheduling a follow-up and final Master's hearing in the case and through other dilatory conduct. WHEREFORE, Petitioner requests your Honorable Court, in the event it determines the Plaintiff's pension is to be included in the Court's Order of December 2, 1991, as marital property, to Court enter an further Order providing that the Plaintiff's pension shall not be considered to be included in the December 2, 1991 Order and, further, that the Plaintiff be able to continue receiving his retirement proceeds on a monthly basis, as has been the case for some three years, with the further instruction that this matter will be referred to the standing Master for a final hearing and final conclusion. Respectfully submitted, GRIFFIE & ASSOCIATES ffie, Esquire ey for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I veritY 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: '~ b.G /91( b..- I I ~;( -{ . . - -.-.. ... ') ') OFFICE OF DIVORCE MASTER CUMBERlAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 Eo Robert Elicker, II Divorce Master Tr.cl "0 Colyer Office ManagerlReporter West Shore 697-0371 Ext. 6535 July 22, 1997 Bradley L. Griffie, Esquire GRIFFIE & ASSOCIATES 200 North Hanover street Carlisle, PA 17013 Jerry A. Weigle, Esquire MARK, WEIGLE & PERKINS 126 East King Street Shippensburg, PA 17257 RE: Kenneth E. Gossert vs. Erma J. Gossert No. 2387 Civil 1991 In Divorce Dear Mr. Griffie and Mr. Weigle: I have reviewed letters of both counsel which were in response to my letter of June 11, 1997. After review of counsels' letters, I am of the opinion that since counsel cannot stipulate to the reports of the pension experts and since counsel need to have a record in order to proceed with the appeal which is contemplated, we will need to schedule another hearing to take the testimony of the experts. My recollection is that on June 10, 1997, when we appeared for the hearing scheduled for that day and the subsequent day, both experts were not present (Mr. Griffie's expert witness did not appear and Mr. Weigle's expert witness did appear) nor did we have the stipulation prepared in a form to make part of the record which listed the marital assets and their values. In doing our computation, we arrived at a total value of the marital estate excluding the pension of $124,628.84. That stipulation was not developed until we met on June 10, 1997. When I have received the stipulation, which we had previously discussed, and which I previously requested which sets forth the list of marital assets and values to be made part of the record, and counsel can arrange for both experts to be present during the testimony presented by the experts, we will have another hearing. I, therefore, am charging counsel with Exhibit "B" ,/- ') ) Mr. Griffie and Mr. Weigle, Attorneys at Law 22 July 1997 Page 2 the responsibility of selecting some dates in November or December 1997 when both experts can be present and when the stipulation by that time has been prepared and filed in my office. Counsel can verify the dates with Traci for the hearing to make certain that those dates are compatible with our schedule. In spite of what counsel think, I do intend to try to use an immediate offset method approach. I do agree that we will value the pension using both methods of valuation as of the date of the hearing. This approach will avoid the need to use an interest factor to bring the date of separation value to present value. Consequently, I will have two values depending on what pay scale is used in the evaluation. I will also note to counsel that I am not persuaded that the McClain vs. McClain case is particularly applicable to our present situation. I think it is unfortunate that using each party's best value for the pension, depending on the methodology used in arriving at the value, that counsel cannot compromise the values and arrive at a resolution of this case. It seems to me that any amount of money that either party hopes to gain by espousing a particular point of view will be consumed in fees and costs. Very truly yours, ~u:d~ E. Robert Elicker, II Divorce Master c - KENNETH E. GaSSERT, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CCMBERLAND COUNTY, PENNSYLVANIA . : vs. . CIVIL ACTION - LAW . : ERMA J. GaSSERT, . NO. :2 3 8 7 CIVIL 1991 . Defendant . IN DIVORCE . ORDER OF COURT AND NOW, this .;lmd.. day of ~ , 1991, upon presentation and consideration of the within Stipulation and Agreement, it is hereby ordered that the parties are enjoined from disposinq of, alienating or encUJDbering any of the marital property, both real and personal, in any manner, whether that property is owned in individual names or in joint names, until further Order of Court or until the divorce proceedings in this matter and the partition action docketed in the Court of Common Pleas of CUmberland County to No. 2344 Civil 1991 have been concluded. BY THE COURT, IS{~~.~ Edqar B. Bayley, Jud e ' cc: Bradley L. Griffie, Esquire Attorney for Plaintiff Jerry A. Weigle, Esquire Attorney for Defendant T:'.\JE C^!>Y FROM RE'CORD I' ~ " .1-;]" , ,: :- ~f.! h:~c ::-j" ,\~j :-;;y hand anti in..: ..i~j,: o~- ~:~>~ I:C:.::-t ~t ':zr:::b, ?3. Exhibit This ...0'2.~. lily oL.,t)Ac......... 19...'it. ._~....a..:.f'+,-,_._.. .l)-n . Prothonotary - "A" " ~..\ ... " '..t KENNETH E. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : ClJMBERLAND COUN'l'Y, PENNSYLVANIA : vs. : CIVIL ACTION - LAW . . ERMA J. GOSSERT, Defendant : NO. 2387 CIVIL 1991 : IN DIVORCE STIPULATION AND AGREEMENT This Stipulation and Agreement entered into the day and year hereinafter written by and between the above named parties, Kenneth E. Gossert, Plaintiff, and Erma J. Gossert, Defendant, by and through the consent of their legal counsel, Bradley L. Griffie, Esquire, attorney for Plaintiff, and Jerry A. Weigle, Esquire, attorney for Defendant, as follows: 1. The parties are both adult individuals represented by legal counsel in the above captioned divorce action. 2. The parties agree and admit that they have various items of personal property and real estate which are marital property as defined under the Divorce Code of 1980, as amended, said property being owned in individual names and in joint names. 3. The parties agree that they will not in any way dispose of, alienate or encumber any of their marital property, and in particular any jointly owned marital property, of the parties until further Order of Court of until the parties have concluded both the divorce proceedings docketed in the above captioned action and the partition action docketed in the Court of Common Pleas, cumberland County, at Number 2344 Civil 1991 between the same parties. ,r\, . \ /. ." I , <, IN WITNESS WHEREOF, the parties intending to legally bind themselves, heirs, executors and assigns, have hereinto set forth their signatures the day hereinafter written. ~ Date, Br ' . Gr' ffie, Esquire Attorney for Plaintiff j/-'HI ~/;l.t ~nne . ss , laintiff ' C'\/ rry . ~torne Q Date: //-.;It'.f'/ ~~~ Erma J. ssert, Defendant . ..0 0') o ~n -< :1;' :!l " (,1 ? (^j <1 '\ ::!J ;..(') On1 -< ?o -< ~ :;-:J I f'v .~ -l~... 'f? .s;::- '. KENNETH E. GOSSART : IN THE COURT OF COMMON PLEAS OF . : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 91-2387 CIVIL TERM ERMA J. GOSSART : CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, this 30 day of March, 1998, the Cumberland County Court of Common Pleas hereby relinquishes jurisdiction over this matter due to a conflict. Argument on the case shall be heard by the Honorable Robert Bigham of the Court of Common Pleas of Adams County. By the Court, cc: Jerry A. Weigle, Esq. Bradley L. Griffie, Esq. :bb o <;:. ~ -ctil tJ).j,] ~,~.. ,,-' ~~1"; '~t~ 7- 3. -0 CO ;:;; 7~ I '" -c - ...'~ r.? o "1-' _-4 -~":'..'~~ ;]9 '-'0 ~....;;;'"'\ :1;--'n 1;..)0 :?rn ':::?, }'::>" ~ - .r;:- " . " KENNETH E, GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ERMA J. GOSSERT, Defendant NO. 2387 CIVIL 1991 IN DIVORCE ORDER OF COURT AND NOW, "" ~'I+'daY of r: ' 1998, upon _on .... consideration of the within Stipulation, IT IS HEREBY ORDERED AND DIRECTED AS FOLLOWS: 1. The Petition for Contempt filed by the Defendant against the Plaintiff in this action is hereby withdrawn, 2. The Answer and Counter-Petition for Special Relief filed by the Plaintiff in this matter is hereby withdrawn. 3. Upon presentation of a Deed transferring the real estate located at 909 Redwood Drive, Carlisle, Cumberland County, Pennsylvania, from the Plaintiff and Defendant jointly to Defendant's name alone, Plaintiff shall execute the Deed, have it appropriately witnessed and notarized and promptly forward it to counsel for the Defendant. From that time forward, the real estate shall become the sole and exclusive property of Defendant and, Defendant is at liberty to exercise all rights of sole and individual ownership of the real estate, including transfer of ownership, alienation, encumbrance and any other rights of ownership. 4. Plaintiff will, upon request, execute any and all documents necessary to see that the parties' three Certificates of Deposit that are presently held in the Dauphin Deposit Bank & Trust Company are executed so as to transfer ownership into the sole name of the Defendant. From " that time forward, Defendant shall have full rights and access to the Certificates of Deposit and funds identified thereby for all purposes without any restraint from the Plaintiff. 5. Plaintiff shall modify the beneficiary on his $36,000.00 face value Prudential life insurance policy to provide for the Defendant to be the beneficiary on that policy until such time as all matters associated with the economic issues in this case have been resolved, through appeal. Plaintiff shall maintain payment of insurance premiums and provide Defendant with proof of insurance and beneficiary's designation. 6. The Court of Common Pleas of Cumberland County and the standing Master shall retain jurisdiction of all pending economic issues in this case, as have been identified through appropriate pleadings and through testimony and evidence presented in this case. This specifically includes the issue of the distribution of the Plaintiff's pension from his prior employment as a police officer with the Borough of Carlisle and any issues relative to the survivor benefit portion of that pension plan. 7. The within stipulation of counsel is not intended to, in any way, limit the parties' legal arguments relative to the distribution of marital assets and marital debt, nor is it to be interpreted in any way as a waiver of additional claims that the parties have raised in the pleadings. Defendant specifically reserves the right to argue that f..:ture retention of her name as a beneficiary on Plaintiff's $36,000.00 life insurance policy as referenced in paragraph 5 above, is not intended to be a stipulation that this is the only benefit to which Defendant may be entitled in order to protect her interests in the marital assets, including Plaintiff's pension, that may otherwise be retained by Plaintiff. 8. The purpose of the Stipulation attached hereto and the within Order is not a guarantee to provide additional rights to the parties, but rather is to confirm changes in ownership in various assets pending the final resolution of this case by the standing Divorce Master. 9. For equitable distribution and related purposes, the Master shall note the fact that the real estate identified above and the Certificates of Deposit have been retained by the Defendant. 10. Neither party waives any rights to their various claims pending before the Master relative to distribution of marital assets beyond the transfer of ownership of certain assets set forth above. BY THE COURT, Robert G. 'gham 51st Judicial District Specially Presiding -- KENNETH E. GOSSERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW ERMA J. GOSSERT, Defendant NO. 2387 CIVIL 1991 : IN DIVORCE STIPULATION OF COUNSEL AND NOW, the day and year hereinafter set forth, counsel for the parties, based upon the agreement reached before the Honorable Robert Bingham on Wednesday, April I, 1998, stipulate and agree as follows: 1. The Petition for Contempt filed by the Defendant against the Plaintiff in this action is hereby withdrawn. 2. The Answer and Counter-Petition for Special Relief filed by the Plaintiff in this matter is hereby withdrawn. 3. Upon presentation of a Deed transferring the real estate located at 909 Redwood Drive, Carlisle, Cumberland County, Pennsylvania, from the Plaintiff and Defendant jointly to Defendant's name alone, Plaintiff shall execute the Deed, have it appropriately witnessed and notarized and promptly forward it to counsel for the Defendant. From that time forward, the real estate shall become the sole and exclusive property of Defendant and, Defendant is at liberty to exercise all rights of sole and individual ownership of the real estate, including transfer of ownership, alienation, encumbrance and any other rights of ownership. 4. Plaintiff will, upon request, execute any and all documents necessary to see that the parties' three Certificates of Deposit that are presently held in the Dauphin Deposit Bank & Trust Company are executed so as to transfer ownership into the sole name of the Defendant. From that time forward, Defendant shall have full rights and access to the Certificates of Deposit and funds identified thereby for all purposes without any restraint from the Plaintiff. 5. Plaintiff shall modify the beneficiary on his $36,000.00 face value Prudential life insurance policy to provide for the Defendant to be the beneficiary on that policy until such time as all matters associated with the economic issues in this case have been resolved, through appeal. Plaintiff shall maintain payment of insurance premiums and provide Defendant with proof of insurance and beneficiary's designation. 6. The Court of Common Pleas of Cumberland County and the standing Master shall retain jurisdiction of all pending economic issues in this case, as have been identified through appropriate pleadings and through testimony and evidence presented in this case. This specifically includes the issue of the distribution of the Plaintiff's pension from his prior employment as a police officer with the Borough of Carlisle and any issues relative to the survivor benefit portion of that pension plan. 7. The within stipulation of counsel is not intended to, in any way, limit the parties' legal arguments relative to the distribution of marital assets and marital debt, nor is it to be interpreted in any way as a waiver of additional claims that the parties have raised in the pleadings. Defendant specifically reserves the right to argue that future retention of her name as a beneficiary on Plaintiff's $36,000,00 life insurance policy as referenced in paragraph 5 above, is not intended to be a stipulation that this is the only benefit to which Defendant may be entitled in order to protect her interests in the marital assets, including Plaintiff's pension, that may otherwise be retained by Plaintiff. 8. The purpose of the Stipulation attached hereto and the within Order is not a guarantee . to provide additional rights to the parties, but rather is to confirm changes in ownership in various assets pending the final resolution of this case by the standing Divorce Master. 9. For equitable distribution and related purposes, the Master shall note the fact that the real estate identified above and the Certificates of Deposit have been retained by the Defendant. 10. Neither party waives any rights to their various claims pending before the Master relative to distribution of marital assets beyond the transfer of ownership of certain assets set forth DATE: .LJ-~~ - q 8 J A. We e, Esquire ~ey for Defendant '::z!.)~ cr. Q David p, Perkins, Esquire Attorney for Defendant above. DATE: iJD/7 g DATE: Q ..0 ~ C- O) ~, \: So ",. ~ -0,--1'.1 -U ri,f",\ :;0 ---:II ~~:~ : <1r:: N :~~ tn'):: CO -C (:::, ~:~CJ ;!" :J-"'Tl ~8 :i: ~n S' ,Sm --, ?...: :.n ~ ::< (-' ERMA J. GOSSERT DefendantlPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE KENNETH E. GOSSERT PlaintifflRespondent NO. 91-2387 CIVIL TERM IN DIVORCE DR# 27691 PacseS# 142100184 ORDER OF COURT AND NOW, this 25tll day of June, 1998, upon consideration of the attached Petition for Alimony Pendente Lite andlor counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddavon August 7. 1998 at 10:30 am for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return. including W-2's as filed (2) yonr pay stubs for tlle preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910,11(0 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. cc: Petitioner and Respondtfnt , cc: Jeffrey A. Weigle, Esq. r>1a.J!...c1 cc: Bradley L. Griffie. Esq. NcAti <.ol"-~/CI? BY TIIE COURT, George E. Hoffer. President Judge Date of Order: June 25. 1998 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVE. CARLISLE. PENNSYLVANIA 17013 (717) 249-:1166 ViNvAIASi\N3d I '''I-'(V' n"ool'-'T'Wn" A.U" k.,/-' \.)!\ ,_,,- 1'::-.t";i< -jl ....J il(:; :8 W\I 62 Nnr 86 'U'..I'c.j+-:',,:!o; -,," :10 AClVJ.. 'lVf '.J.\."....h" ;J,1.1. _ 3JH:lO-Q:JII:1 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Erma J. Gossett, PetitionerlDefendant, : CIVIL ACTION - LAW v. NO. 2387 CIVIL 1991 Kenneth E. Gossert, RespondentIPlaintiff. IN DIVORCE RULE TO SHOW CAUSE AND NOW, . 1998, upon consideration of the foregoing Petition for Alimony Pendente Lite, and on motion ofJerry A Weigle, Esquire, Attorney for Petitioner, a Rule is granted on the Respondent, Kenneth E. Gossert, to show cause why he should not pay the Petitioner alimony pendente lite. Rule returnable on the day of . 1998, at in Court Room . Carlisle, Pennsylvania. By the Court, J. MARK. WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257_1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Erma J. Gossert, Petitioner!Defendant, : CIVIL ACTION - LAW v. NO. 2387 CIVIL 1991 IN DIVORCE Kenneth E. Gossert, RespondentIPlaintiff Judge Robert Bigh,!m, Court of Common Pleas of Adams County-Specially Presiding PETmON FOR ALIMONY PENDENTE LITE The Petitioner/Defendant, Erma J. Gossert, by her attorney, Jerry A Weigle, Esquire, respectfully represents as follows: 1. A Complaint in Divorce was rued on July 11, 1991, by the Respondent. 2. The issues of equitable distribution, alimony, alimony pendente lite and counsel fees are involved in this proceeding. 3. On November 4,1994 a final decree in divorce was entered pursuant to which the Court retained jurisdiction over the following claims: equitable distn"bution, alimony, alimony pendente lite, counsel fees, costs and expenses. 4. On or about December 27, 1994 Petitioner rued a Petition for Alimony Pendente Lite, Counsel Fees, Costs and Expenses, a copy which is attached hereto and marked Exhibit "A". 5. On April 21, 1995 the Court cancelled and rescheduled the hearing on Petitioner's Petition for Alimony Pendente Lite, Counsel Fees, Costs and Expenses, in light of the fact that a Master's hearing was scheduled for July 11 and July 12,1995. 6. 10, 1996. The master's hearing scheduled for July, 1995, was continued until July 7. Following testimony of the parties the Master's Hearing on July 10, 1996 was continued until March 3 I, 1998, for the PU1Jlose of receiving expert testimony with regard to the pension and real estate rental value issues. 8. After three (3) years the issue of Alimony PendenteLitetemains unresolved by the Court or the Divorce Master. 9. As of the date of this petition the Ma~'sHearing'..address the limitfld issues of pension and real estate rental valu.e,~pOnt~. MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 10. Petitioner w been and continues to be without sufficient funds and is unable to represent her interests in the various aspects of this case which have been in litigation since July,I991, with no apparent end in sight. 11. Respondent is presently employed as a Sheriff's Deputy in Cumberland Coonty, Pennsylvania and earns approximately $30,719.39 annually. 12. In addition Respondent receives $1,342.95 net each month from the Borough of Carlisle Police Pension Plan. 13. Petitioner is presently employed as a clerk at a Best Western in Middlesex Township and earns approximately $17,000.00 annually. WHEREFORE, Petitioner prays that your Honorable Court grant a Rule on Respondent to show cause why an Order should not be made upon him to pay Petitioner alimony pendente lite. Or By: rney fo PetitionerlDefen Jerry A. Weigle, Esquire MARK, WEIGLE AND PE S 126 East King Street Shippensburg, PA 17257 717-532-7388 Date: May 4,1998 MARK. WEIGLE AND PERKrNS _ ATTORNEYS AT LAW - '26 EAST KING STREET _ SHIPPENSBURG, PA 17257-1397 VERIFICATION I verify that the statements made in the attached Petition for Alimony Pendente Lite are true and correct. I understand that 1iI1se statements made herein are subject to the penalties of 18 Pa. Cons. StJIt. Section 4904 relating to falsification to authorities. E~sat~ MARK, WEIGLE AND PERKINS _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 II " " EXHIBIt ~\' DEe 2 71!1J4 ~ KENNSfH E. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2387 CIVIL 1991 ERMA J. GaSSERT, Defendant : IN DIVORCE RULE TO SHOW CAUSE ~ (j', ,q'iS' AND NOW, <<pon co~sideration of the foregoing Petition for Alimony Pendente Lite, Counsel Fees and Expenses, and on motion of Jeny A. Weigle, Esquire, Attorney for Petitioner, a Rule is granted on the Respondent, Kenneth E. Gossert, to show cause why he should not pay the Petitioner alimony pendente lite, counsel fees and expenses. Rule returnable on the I 7~ day of p ,199';,at 1:30:1 in. 3~ (S"" in Court Roorn .3 , Carlisle, Pennsylvania. By the Court, IS/~. E.~ J. TIC"": ,........,)V C"~'" r':;""RO . ., -'. . I ~ ,,' fl ~, . . J In fe'" 0 . "."..': ,-,',... 'l'nd . . . .. . I. ' .. . ! : :'" ~ ; . 1.0 ~r.~! Ii:.: _.:..: \~: ~~:. ;.~:-;.; :.. r:,:,....;;-.:. P~. k3 q.:tJ... d,.': d 9:::::,"':! i9fs.. ...............~:L a.. ~tf(..., _."~-~(J""" . ..,(J.-t. ........... "l;ry' pro:"':.omy KENNETH E. GOSSERT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2387 CIVIL 1991 ERMA J. GOSSERT, Defendant : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES '. The Defendant, Erma J. Gossert, by her attorney, Jerry A. Weigle, Esquire, respectfull)' represents as follows: I. Your Petitioner is Erma J. Gossert, the above named Defendant and an adult individual currently residing at 909 Redwood Drive, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is Kenneth E. Gossert, the above named Plaintiff and an adult individual currently residing at 924 Franklin Street, Carlisle, Cumberland County, Pennsylvania. 3. A Complaint in Divorce was filed on July 11, 1991. 4. An Answer to the Complaint in Divorce and New Matter was filed by the Petitioner (Defendant) on July 3,1991, wherein Petitioner seeks, inter alia, equitable distribution, alimony, alimony pendente lite, counsel fees, costs, and expenses. s. A Decree in Divorce was entered November 4, 1994, whereby pursuant to the parties stipulation and Order of Court dated November 4, 1994, the Court retains jurisdiction of the following claims: equitable distribution, alimony, alimony pendente lite, counsel fees and expenses. 6. Respondent's obligation to pay spousal support pursuant to Order of Court dated June 15, 1993, in the amount ofS37.oo per week, was tenninated by Order of Court dated November 14, 1994, due to a Divorce Decree having been entered. 7. , Petitioner has been put to considerable expense in preparation ofher case in the employment of counsel, a pension evaluation, and payment of costs through December 22, 1994, as follows: Legal fees through December 22, 1994 47 hours billed at $75/hr. through 12/31/93 43.25 hours billed at $90Ihr. through 12/22/94 $3,525.00 3.892.50 $7,417.50 Costs advanced to date: Filing fees Pension Evaluation $90.00 361.25 451.25 Total Fees and Costs Through December 22, 1994 ~ 8. A substantial portion of Petitioner's legal fees incurred in this proceeding have been to defend a frivolous partition action filed by Respondent against Petitioner which consumed more than 2 1/2 years to resolve. 9. Petitioner has been able to pay only $750.00 toward her legal fees incurred to date. . . 10. Petitioner is without adequate funds to support herself and to meet the costs and expenses of this litigation and is unable to sustain herself during the pendency of this action in the absence of a reasonable contribution by the Respondent. (See attached Exhibit "A" concerning income and expenses.) II. Respondent is at present employed as a police officer in the Borough of Carlisle and earns -. in excess of Forty Thousand Dollars ($40,000.00) per year. The Respondent also has earnings from part-time temporary employment. WHEREFORE, Petitioner prays that your Honorable Court grant a Rule on Respondent to show cause why an Order should not be made upon him to pay Petitioner alimony pendente lite and to pay her counsel fees and expenses. MARK, WEIGLE AND PERKINS DATE: ( t - 2, F; l. / , By: eigle, Esquire t\ttorney or Defendant Attorney J.D. #01624 126 East King Street Shippensburg, PA 17257 (7l7) 532-7388 I verify that the statements made in the foregoing Petition for Alimony Pendente Lite and Counsel Fees 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. Dated: I~ -~s -9 if ~~ .J;,~~td:- Erma J. Goss , ,I r'\'L' ":'1"- /4 t,... W~;,...~ , . . MONTHLY BILLS - JEA"I GOSSERT MORTGAGE - FARMERS TRUST $333.85 HOME EQUITY - DAUPHIN DEPOSIT 410.81 . ';: PROPERTY TAXES 174.00 PROPERTY INSURANCE . 21.00 ELECTRIC (BUDGET) 94.00 TELEPHONE 30.00 TV CABLE 24.10 W AlER/SEWER 34.00 GARGAGE COLLECTION 8.40 NEWSPAPER 8.00 AUTO EXPENSES (INS., GAS, INSP.,ETC) 110.00 TOTAL $1248.16 FOODIHOUSEHOLD EXPENSESI (whatever remains after other expenses are paid) CLOTHING -------- GROSS PAY is $7.35 per hour x 80 hours = $588.00 bi-weekly $588.00 hi-weekly x 2 = $1176.00 monthly Some overtime hours are earned. This fIuctates ftom pay day to pay day, averaging 4 to 10 hours per month. Interest income totaled nearly $700.00 for 1993, most of which could not be touched because ofa court order. 1994 interest income unknown. 3: ~'iii5 ~ ~ ~~= .IS ~ZCZ~ ~;~;sF ~~:=Cl>-~" "': ,~,~ i'~'~:~~' "',,;, ,...> ;>'i""" Ii, ,''lI,-. "~ rth ;.;;.( :"g ~ ~'" ',1, '<". ""." J. '. I~,~~ 1: " _ fl:~. ~'.., ".):1;~~': ,#;(~.f~~~) "W ., '~. ," ,,",', . ;kl li1{?' ~~. ~,,\,.'., ~ , If,' .' ~':,;;~'~~:;~ ' ,t* 1f~',:;' ~\ r ~ .. i- ;'._..~ :'l~-i. .;J~; ';",\ ;., '-'" (J c: ::: ~.,-" fT~(~-" ~~:\;-~ ~:\,. ;f~~ z :< <D CD ~ o ~n :;J :i,:D ::c!,G ",~~ (!) " ~'n ~.'-~~ is bm 'j;! ." =< ,~ ::.: I ,):) !-:: 'P. '" (1'\ tsSlI-ffS (LIL) 'XV" -i~l.tf nfL-US (4.lL) :31\10Hd:n3~' , J.SU[ '''''~N3d '98nflSN3.uIHS 'U:JlUS aNI" l.sVJI9tl .\\V'] IV SU~aoJ.lV 'SN1lI1I3d aNy 31f))3A\ 'lIl1VW : , I , . ~ ( rIl >- .. :: . ~ - ~ '" .. I '"' .. ~>~ :I;l '" H z ~~l"l :.; ~ :: '" 0"" f .. C II "',... ~;:j -z~ '"zC'l ~ l'Il" il'i""t" H ...., ., ~ z~~ ",,>'l I --. Ul .... t<jH f ",. .. "'>>- ZO ...~ '" rIl'"2 tOz ~Ul z t<j z '"",,= lll'" ~ !li>"'CI Z"':l ....... ""0 il g . !:I~l"l t<j,c .... ~ .. ... = t-< Ul H .... ..., - :z t<j en C'" \0 0 S~ CD '.if ~.;: - J , ! , ., >i 2] I :'1 ':;0 \~:1 (',) :r.,,,, -r) ) :n () ...0 C) en "-) :;;! t'-J (n :<: , \ DR 27691 Pacses 142100184 KENNETH E. GOSSERT PLAINTIFF /RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS CIVIL ACTION - LAW ERMA J. GOSSERT , DEFENDANT/PETITIONER NO. 91- 2387 CIVIL TERM ORDER OF COURT AND NOW, this 7th day of August, 1998, based upon the Court's determination that Petitioner's monthly net income is $ 1421.00 per month and Respondent's monthly net income is $ 1906.00 per month, it is hereby Ordered that the Respondent pay to the Domestic Relations Section, Court of Common Pleas, $ 243.00 a month payable $ 193.00 as alimony pendente lite, effective May 4, 1998. Arrears set at $ 772.00 as of August 7. 1998 , shall be payable at $ 50.00 per month. . First payment due on or before August 15. 1998 , and on or before the 15'h of each month thereafter. This order includes the medical insurance to be paid by husband as ordered. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.~ 3703. Further, if the Court finds, after hearing. that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order. including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Payments must be made by cash, check or money order. Cash payments must be made in person. All checks and money orders must be made payable to Domestic Relations Section and delivered or mailed to Domestic Relations Section, 13 North Hanover Street, P.O. Box 320, Carlisle, Pennsylvania, 17013. Each payment must bear your Domestic Relations number (Pacses# 142100184) in order to be processed. Respondent is responsible for service fees of 26.00 to be paid within n/a as determined by the Domestic Relations Section. \, This Order shaH become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Copies delivered to parties on Consented: Plaintiff/Petitioner Plaintiff/Petitioner's Attorney Defendant/Respondent Defendant/Respondent's Attorney DRO: R. J. Shadday . cc: Petitioner and.ResPoEfdent cc: Bradley L. Gnffie, Esq. ~ cc: Jerry A. Weigle, Esq. f\lo'tiv. a\l,,"\Q% BY THE COURT, J. , -.0 o;l "'" C (;") - 0) o ~ <' -cfj'''\ P]\"\ ' z.. :'i "?;C'_ G~Od ",,:;:,<,.-: G:") ):,;C' bC~ 7(~ ~ yo -> q, '-\ ," \\:2 ...,\-0 -:':?,Y ::-~,sY" r . c,-r\ '-'/'(") OfT' ~ 'Yo ~ C? c:- (,:)