HomeMy WebLinkAbout95-00778
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~ IN THE COURT OF COMMON PLEAS ~
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~ OF CUMBERLAND COUNTY ~
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~ STATE OF '~~ PENNSYLVANIA ~
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~ AND NOW,....~~..l..q......,. 19,~~.... it is ordered and ~
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decreed that ,,9~Y.,..,:, .~?~,.,. !15~"...,....,..,."....., "" plaintiff, ..
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i are divorced from the bonds of matrimony. ~
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~ 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 ~
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The terms of t~e parties' Property Settlement Agreement,
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SEPARATION AND PROPERTY
SETTLEMENT AGREEMENT
THIS AGREEMENT made this 1j I/' day of 3/).1)[;
, 1996, by
and between Melissa Goodling, of P,O. Box 514, New Kingston,
pennsylvania, (hereinafter referred to as "Wife"), and David
Goodling, of Mechanicsburg, pennsylvania (hereinafter referred to
as "Husband").
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on December
19, 1988, in Winchester, Frederick County, virginia.
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they have chosen to live separate and apart
from each other; and
WHEREAS, Husband has discussed with his attorney, Robert J.
MUlderig, Esquire, and Wife has discussed with her attorney,
Anne M, Shepard, Esquire, their assets and liabilities as of the
date of this Agreement, and both having been advised by their
attorneys
of their rights and desires to the
provisions
hereinafter set forth.
NOW, THEREFORE, the parties hereto intending to be legally
bound hereby do covenant and agree:
1, Separation: It shall be lawful for each party at all
times hereafter to live separate and apart from the other party
at such place as he or she may from time to time choose or deem
fit. The foregoing provision shall not be taken as an admission
on the part of either party of the lawfulness or unlawfulness of
the causes leading to their living apart,
.
2.
Interference:
Each party shall
be
free
from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried except as may be necessary to
carry out the provisions of this Agreement.
J. Wife's Debts: Wife represents and warrants to Husband
that she will not contract or incur any debts or liabilities for
which Husband or his estate might be responsible and shall
indemnify and save harmless Husband from any and all claims or
demands made against him by reason of debts or obligations
incurred by her other than those debts incurred pursuant to any
sections of this Agreement.
4. Husband's Debts Husband represents and warrants to Wife
that he will not contract or incur any debt or liability for
which Wife or her estate might be responsible and shall indemnify
and save harmless Wife from any and all claims or demands made
against her by reason of debts or obligations incurred by
other than those debts incurred pursuant to any section of
Agreement.
5. outstandinq Joint Debts: There are no joint debts
him
this
due
f
,
,
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or outstanding at present, Each party confirms to the other that
they have not incurred any additional joint debt upon which the
other would have liability, The parties further agree that
neither will incur any more debts for which the other party may
be held liable and if either party incurs a debt for which the
other will be liable, that party incurring such debt will hold
the other harmless from any and all liabilitios thereof,
.
6, Mutual Release: Subject to the provisions of this
Agreement, each party has released and discharged, and by this
Agreoment does for himself or herself, and his or her heirs,
legal representatives, executors, administrators, and assigns,
release and discharge the other of and from all causes of action,
claims, rights or demands, whatsoever in law or equity, which
either of the parties ever had or now has against the other,
except any or all cause or causes of action for divorce or any
action to enforce this Agreement,
7. Alimonv. Alimonv Pendente Lite. Spousal SUPPort and
Maintenance: In consideration of the mutual agreement of the
parties voluntarily living separate and apart and the provisions
contained herein for the respective benefit of the parties and
the agreement of the Husband to pay to the Wife within seven (7)
days of the final decree of divorce the sum of ONE THOUSAND AND
XX/I00 ($l,OOO.oO) DOLLARS, Wife agrees to waive any and all
claims or any alimony or alimony pendente lite.
8. !AX. The parties acknowledge that Wife has filed
federal and state income returns for the years 1992, 1993 and
1994, Wife agrees to hold Husband harmless for any tax liability
she may incur for said tax returns. Husband agrees to hold Wife
harmless for any tax liability he may incur if he has not filed
federal and state tax returns for the years 1992, 1993 and 1994.
9. Division of Personal Propertv: The parties have agreed
to divide their personal property to their mutual satisfaction.
Wife shall own on her own behalf and independently of any claim
of rights of the Husband all items of personal property of every
kind, nature and description and however situated which are
listed on Schedule A attached hereto and incorporated herein, or
which may hsreinafter belong to the Wife, with full power to the
Wife to dispose of the same as fully and effectively, as if she
were not married, The Husband shall own on his own behalf and
independently of any claim of rights of the Wife all items of
personal property of every kind, nature and description and
however situated which are listed on Schedule B attached hereto
and incorporated herein, or which may hereinafter belong to the
Husband, with full power to the Husband to dispose of the same as
fully and effectively as if he were not married.
The parties further agree that the 1977 BMW 320 I and the
1988 BMW 750 IL shall be the sole and separate property of the
Husband; the 1991 Mercedes 300CE and 1990 Glasport Euro 180 Boat
shall be the sole and separate property of the Wife. The parties
agree to properly execute such title documents or other written
instruments as may be required to transfer title of these
vehicles to the respective parties. The parties further agree to
each assume all liability for insurance and upkeep on their
respective vehicles.
All items of personal effects such as, but not limited to,
jewelry, luggage, sports equipment, hobby collections and books,
but not including any property, personal or otherwise
specifically disposed of pursuant to this agreement, shall become
the absolute and sole property of the party who has had the
principle use thereof or to whom the property was given or from
whom it was purchased, alld each party hereby surrenders any
interest he or she may have in such tangible personal property of
the other.
Any videotape or film with Melissa Goodling's likeness or
voice on it which is in David K. Goodling's possession or is
accessible to Mr. Goodling shall be destroyed by Mr. Goodling 1n
Melissa Goodling's presence within five (5) days of both parties
signing this Agreement, Mr. Goodling agrees that no copies of
said videotape or film have been made nor shall be made before
the destruction of said videotape or film.
10. Division of Real Prooertv: The parties acknowledge
that they do not own real estate and that neither of them have an
interest in real estate at this time, whether that be
individually or as joint owners with third parties. There is no
real estate to distribute in these proceedings,
11, Insurance and other Benefits: The parties acknowledge
that neither of them have any claim whatsoever to any insurance
benefits, retirement benefits, or similar benefits due or
occurring to the other party of any nature whatsoever.
12. Waiver of Claims Aaainst Estates: Except as herein
otherwise provided, each party may dispose of his or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may have or hereafter acquire under the
present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy,
statutory allowance, widow's allowance, right to take in
intestacy, right to take against the will of the other, and right
to act as administrator or executor of the other's estute, and
each will, at the request of the other, execute, acknowledge, and
deliver any and all instruments which may be necessary or
advisable
to
carry into effect this mutual
waiver
and
This
relinquishment of all such interests, rights, and claims.
Paragraph shall not affect either party's right or power to
expressly include the other party in any will or other document,
whether written in the past or in the future,
13. Retirement Benefits: Wife waives and relinquishes any
rights or interest she may have in Husband's retirement benefits.
Similarly, in the event that Wife has any retirement funds
of any nature whatsoever that are payable to her now or would be
distributed to her in the future, Husband waives and relinquishes
any rights or interest he has in those retirement benefits.
14. Enforceabilitv and Consideration: This Agreement shall
survive any action for divorce and decree of divorce and shall
for~ver be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to
enforce the terms of this Agreement by either Husband or Wife
until it shall have been fully satisfied and performed. The
consideration of this contract and agreement is a mutual benefit
to be obtained by both of the parties hereto and the covenants
and agreements of each of the parties to the other. The adequacy
of the consideration for all agreements herein contained is
stipulated, confessed and admitted by the parties, and the
parties intend to be legally bound hereby. In the event either
party breached the aforesaid Agreement and it is determined
through appropriate legal action that the alleged party has so
breached
the Agreement, the breaching party shall be responsible
re.f\~l)l\ble..
and allVattorney's fees, as well as costs and expenses
[)6
for any
associated with litigation incurred by the non-breaching party to
enforce this Agreement against the breaching party.
15. Counsel Fees: The parties have been fully informed of
and acknowledge their right to make a claim for reasonable
counsel fees in the presently pending divorce proceedings, but
hereby make a full, complete and voluntary waiver of that right,
16.
Enforcement:
The parties agree that this Agreement
should be made a part of any final divorce order or decree which
would result if either party pursues a divorce action to dissolve
the parties' marriage.
IN WITNESS WHEREOF, the parties hereunto set their hand and
seals the day and year first mentioned above.
~ES2S: '
L II tJ!;J&i) G~~,.tlh
, Date
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DAVID GOO~
COMMONWEALTH OF PENNSYLVANIA
)
)
)
day of Jiu-u;
, 1996, before me, the
COUNTY OF CUMBERLAND
On this the 111,
undersigned officer, personally appeared Melissa Goodling, known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
I .
il!tA j, II '-!71d Le -t)
NolarlalSoal '
Leah A, Miller, Notary Public
Carlisle Boro, Cumbarland Coumy
My Commission e,piros April 17. 2000
)
)
)
Incur
undersigned officer, personally appeared
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF GUM8ERLhllD \):WPI/;N
On this the /3,/1) day of
, 1996, before me, the
David Goodling, known to
me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
Kar A N~:.3',.ll ,,,e..I
on ,Shoo,1I N 1
M C Harnshura 0'"11'"' a,y PI/blic
y ommlssion 'EK~(O~'~ County
Mootlor.~ . arch 9, 1090
, '~oI~
SCJDlDOLB A
Tanning bed
stationary bike
"Rolex" the cat
engagement diamond
waterbed
chair
stereo equipment, including the home stereo rack unit
answering machine
any and all M.G. Management business property, including but not
limited to equipment, posters, and cameras
SCHBDULB D
A desk
a Nintendo game
cordless phonQ
microwave
microwave stand
mirror
two air conditioners
CD rack
CD and tape holder
kerosene heater
stereo and tapes thereto
light fixtures
compact discs
Sega videocassette recorder
home 9'YIII
car stereo
blinds
washer & dryer
refrigerator
freezer
fish tank
couch
table!;t(l.
love seat
guns
grill
lawn mower
camcorder
bed
miscellaneous art to include, but not limited to, vases, prints,
and pictures
one sit-up bench
one ironing board
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95 - 778
DAVID K. GOODLING,
plaintiff
MELISSA L. GOODLING,
Defendant
IN DIVORCE
ORDER OF COURT I
AND NOW, thb 'Il!! d.y of ~u~
1996, the economic claims raised in the proceedings having been
resolved in accordance with a separation and property
settlement agreement dated June 4, 1996, the appointment of the
Master is vacated and counsel can file a praecipe transmitting
the record to the Court requesting a final decree in divorce.
cc:
Maria P. Cognetti
Attorney for Plaintiff
Anne M. Shepard
Attorney for Defendant
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i DAVID It GOODLING,
II v. PlnlntUT
MELISSA L. GOODLING,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
. (
: NO, ;S - 7'7 S' CML TERM
.
.
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued In Court. If you wish to defend sgalnst the claims set forth In the following
pages, you must take prompt action. You arc warned that if you fnil to do so, the case will proceed
without you and a decree In divorce or annulment may be entered sgalnst you for nny other c1nlm or relief
requested In these papers by the PlnlntUT, 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 DllU'I'inge, you Illl\Y
request marriage counseling, A list of marriage counselors is avni1nble in the Office of the Prothonotary
at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF MARITAL PROPERTY,
LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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, GOTO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
Fourth Floor
Carlisle, Pennsylvania 17013
(717) 240'6200
DAVID K. GOODLING,
P1nIntilf
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
; NO. r; s. ,,7 &' CIVIL TERM
: IN DIVORCE
v,
MELISSA L. GOODLING,
DeCendant
COMPLAINT IN DIVORCE
1. P1nInUlf is David K. Goodling, an adult Individual, currently residing at 222 TeXllCo Rood,
Mechanicsburg, Cumberland County, Pennsylvania.
2, DeCendantis Melissn L, Goodling, an adult individual, currently residing at P.O. Box 614,
New Kingstown, Cumberland County, Pennsylvania.
3, P1nIntilf and DeCendant are bonafide residents oC the Commonwealth oC Pennsylvania and
have been so Cor ntlenst six months immediately previous to the filing oC this complaint.
4. P1nInUlf and DeCendant were married on December 19, 1988 in Winchester, Frederick
County, Vlrginln.
6. There have been no prior actions Cor divorce or nnnulment between the parties.
6. The DeCendant is not n member oC the Armed Forces oC the United States oC America, or
Its Allies.
7. The P1nIntilf has been advised oC the availability oC counseling and the right to request that
the Court require the parties to participate In counseling. Knowing this, the P1nlntlff does not desire that
the Court require the parties to parUclpate in counseling,
8, P1nInlilf and DeCendant are cllizens oC the United States oC America.
9. The parlies have lived separate and apart since June 1994 and continue to live separate and
apart os oC the dote oC this Comp1nlnt.
10. The parties' mnrringe Is irretrlevnbly broken.
11. PWntlfT desires 11 divorce based upon the benef thnt Defendant will nl\er ninety days from
the date of the mlng of this Complnlnt, consent to this divorce.
WHEREFORE, PWnliIT requesta your Honorable Court to enter 11 decree In divorce.
Respectfully Submitted,
J J / j'/')J/
Date
THE LAW OFFICES OF RON TURO
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02!Lf2I/I/<<'//?/~;'C.J
Robert J,;Mulderlg, Esquire \..
32 South Bedford Street
CnrUsle, P A 17013
(717) 245,9688
Attorney for PlnlntiIT
VERIFICATION
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DIVORCE COMPLAINT ARE
TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT
TO THE PENALTIES OF PA. C,S, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO
AUTHOIUTIES,
DATE: ,;7 /3 -j"-J-
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RECEIVED 'JUN ;-0
.
1998
DAVID K. GOODLING,
PlaintilT
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO, 95-778 CIVIL TERM
MELISSA L. GOODLING,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVEH OF NOTICE OF INTENTION TO HEOUEST ENTRY
OF DIVOHCE DECHEE UNDEn
~ 3301(~) OF THE DIVORCE CODE
I. I consent to the entry of a final Decree of Divorce without notice,
2. I understalld that I may lose rights concerning alimony, division ol'property,
lawyer'S fees or expenses if I do not claim them before a divorce is granted,
3. I understalld that I will 110t be divorced until a Divorce Decree is elltered by the
Court and that a copy of the Decree will be sent to me immediately afier it is filed with the
Prothollotary .
I verify that the statements made in this affidavit are true and correct. I ullderstand that
false statements hercill arc made subject to the penalties of 18 l'a,C,S. * 49U4 rclatillg
to unsworn falsification to authorities.
DATE:
~ ?/99b
DAVID ,GOODLING, Plaintiff
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DAVID K, GOODLING,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO. 95-778 CIVIL TERM
MELISSA L. GOODLING,
Dclcndant
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDA VIT OF CONSENT
I. A Complaint ill Divorcc under Scetion330l(c) ofthc Divorcc Code wus
filed on February 13, 1995.
2. The marriagc of Plainti IT and Defclldant is irrctricvably brokcn, and nincty
(90) days havc elapscd from thc datc of the filing of the Complaint.
3, I conscllt to the cntry of a final decrec of divorce allcr scrvicc of noticc of
intcntion to requcst cntry ofthc dccrcc.
I verify that thc statcments madc in this affidavit are truc and correct, I undcrstand
that false statcmcnts hcrein are madc subjcct to thc pcnalties of 18 Pa.C,S, Section 4904
Datc: tf,J)1 (P
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rclatillg to unsworn falsificntion to authoritics,
MELISSA L. GOODLING, Dclclldant
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I, DAVID K. GOODLING,
I PlnlntUT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 95.778 CML TERM
v,
MELISSA L. GOODLING,
Defendant
,
: IN DIVORCE
AFFIDAVIT OF SERVICE
I HEREBY CERTIFY THAT I served a certified copy of the med in the above captioned ClI8e upon
Mellssn L, Goodling, by certified mnII, return receipt requested on February 13, 1995 addre88ed to:
Mellssn L, Goodling
P.O, Box 514
New Kingstown, PA 17072
,
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ond Mellssn L. Goodling did therenller receive snme as evidenced by the attached Post Office receipt card
dated February 16, 1995.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE
ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I
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DAVID K, GOODLING,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-778 CIVIL TERM
IN DIVORCE
v.
MELISSA L. GOODLING,
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 in divorce or annulment may 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 the Cumberland county Courthouse,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS
PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland county Courthouse
Carlisle, pennsylvania 17013
(717) 240-6200
DAVID K. GOODLING,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-778 CIVIL TERM
IN DIVORCE
vs.
MELISSA L. GOODLING,
Defendant
ANSWER AND COUNTERCLAIM
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
WHEREFORE, Defendant requests your Honorable Court to enter
a decree in divorce based upon section 3301(c) of the Domestic
Relations Code,
COUNTERCLAIM
COUNT I
11. Paragraphs 1 through 10 of the Answer and CounterClaim
are incorporated herein by reference as if set forth in their
full text.
.~ , '.." ' ~':,':'. , ' . ',' - ...~_.:""~.-... ~--~ -.......";"
12. Plaintiff and Defendant are joint owners of various
items of personal property, furniture, and household furnishings
acquired during their marriage which are sUbject to equitable
distribution.
13. Plaintiff and Defendant have incurred debts and
obligations during their marriage which are subject to equitable
distribution.
WHEREFORE, Defendant requests your Honorable
equitably divide their marital property and equitably
their debts.
Court to
apportion
COUNT II
14, Paragraphs 1 through 13 are incorporated herein by
reference as if set forth in their full text.
15. Defendant is unable to provide for or afford
counsel fees, expenses, and costs during the pendency of
divorce action and through its resolution.
16. Defendant is without sufficient property and otherwise
unable to financially support herself despite being employed.
17. Plaintiff is presently employed and receiving a
substantial income and benefits and is able to pay for counsel
fees, expenses, and costs as well as alimony and alimony pendente
lite for Defendant.
her
this
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:
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DAVID K. GOODLING,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-778 CIVIL TERM
vs.
MELISSA L. GOODLING,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 27th day of February, 1996, comes Anne M.
Shepard, Esquire, Attorney for Defendant, Melissa L. Goodling,
and states that she personally mailed a copy of an Answer and
Counterclaim to the Plaintiff at 222 Texaco Road, Mechanicsburg,
Pennsylvania, by certified mail, return receipt requested. A
copy of said receipt is attached hereto indicating service was
maJe on February 24, 1996.
~
Anne M. She ard, E quire
GRIFFIE & SOCIA S
200 North Hanover Street
Carlisle, Pennsylvania 71013
(717) 243-5551
Sworn and subscribed
to this () 'ldJ day
of February, 1996.
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BAAolfY L GAl''''
MCI<'W! R, CALVO.T
ANNI M, StoA'"
GRIFFIE & ASSOCIATES
ATTORNEVsAND COUNSELORS AT LAW
200 NOIrrH HAhOYlA S1'RU'r
CAAUSU!, PA 17013
(717) 243.5551
1 (BOO) 347,5552
FAX 717.243-5063
Roe.. J, Gas""".
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March 22, 1996
CHNoIKASlURO TAUn ButDlNO
50fT, 550, 14 NORTlt MAIN SmelT
c.......ASauAO. PA 17201
(717) 267,1350
RIP\.Y TO: CAIlJa.E
E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover street
Carlisle, PA 17013
RE: David K. Goodling vs. Melissa L. Goodling
No. 95-77S
In Divorce
Dear Mr. Elicker:
Enclosed please find one original Pre-trial statement in the
above referenced divorce proceedings.
Very truly yours,
, ~~iJi;~
.,
AMS/rjg
Enclosure
cc: Robert MU1derig, Esquire, (wi enc1)
Melissa Goodling
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-778 CIVIL TERM
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DAVID K. GOODLING,
Plaintiff
MELISSA L. GOODLING,
Defendant
IN DIVORCE
DEFENDANT'S PRETRIAL MEMORANDUM
AND PROPOSED EOUITABLE DISTRIBUTION
I. FACTUAL AND PROCEDURAL HISTORY
The parties to the pending divorce action are Melissa and
David GOOdling.
They were married in 19S8 in winchester,
Virginia. There are no children of this marriage. On February
13, 1995 David Goodling filed a Complaint in Divorce alleging
irretrievable breakdown. On or about February 22, 1996, Melissa
Goodling filed an Answer and Counterclaim to the Divorce
complaint. In that Counterclaim, Defendant is seeking equi table
distribution, alimony, alimony pendente lite and counsel fees
from Plaintiff.
II. EDUCATIONAL AND EMPLOYMENT STATUS OF THE PARTIES
Both Melissa and David have been graduated from high school.
Melissa began working as a part-time model while employed at AMP
and she now operates a modeling agency known as MG Management out of
her apartment. David Goodling owns and operates Pirate Tires.
III. INCOME OF THE PARTIES
Melissa Goodling's gross income is approximately $20,000.00
a
year.
David Goodling's gross income
is
approximately
$40,000.00 to $50,000.00 a year.
1
IV. MARITAL AOOBTS
1. Throuqh tho briof timo of their marriage the parties
has
acquirod
numoroua items of personal
property.
The
distribution of tho following assets between the parties remains
in disputo. This liot excludea vehicles owned by either party.
A deslt
a Nintendo game
home storoo
cordless phono
microwavo
microwavo atand
oxorciso biko
mirror
two air conditionors
CD rack
CD and tape holder
kerosene hoater
storeo and tapes thoreto
light fixtures
posters necessary for modeling
compaot discs
modeling businoss equipment
tanning bed
diamond with a resale value of $1500 to $2000.00
Sega videocassetto recorder
home gym
car stereo
blinds
washer & dryer
refrigerator
froezer
fish tank
couch
tablos
love seat
guns
grill
lawn mowor
oamcorder
bod
miscellaneous art to include, but not limited to, vases, prints,
and pictures
one sit-up bench
one ironing board
ono water bed
one cat
2
Furthermore, Melissa Goodling states that David Goodling
removed $1,000.00 in cash from her business desk at the time that
her business was being run out of the marital residence.
Melissa Goodling is not seeking any part of Mr. Goodling's
tire business. To the best of Melissa's counsel's knowledge,
David Goodling is not seeking any portion of the modeling
business.
2. Vehicles. David Goodling owns a 1977 BMW 750 IL and a
1985 BMW 320I. Melissa Goodling owns a 1991 Mercedes 300 CE and
a 1990 Lasport Euro 180 boat. The boat remains at the marital
residence because Mr. Goodling has refused to allow Melissa
Goodling access to remove it.
V. MARITAL DEBT
At the time of separation Melissa Goodling's balance on her
citibank Visa was $3,438.36. This included the charges of
$4,364.00 by David Goodling of a motorcycle. He traded that
motorcycle for a different motorcycle.
Mr. Goodling then traded the second motorcycle as down
payment for the 1977 BMW 750 IL now in his possession. Ms.
Goodling continues to pay on that charge card.
At the time of separation, Ms. Goodling's balance on her
Wachovia credit card was $2,049.18. The balance on her citibank
Mastercard was $2,424.51 at the time of separation. All of the
credit card debt was marital debt. Ms. Goodling continues to pay
on this marital debt of $7,912.05
3
VI. ARGUMBNT
By applying the criteria for equitable distribution as set
forth in tho Divorce Code to the facts of the instant case, it is
olear that Ms. Goodling was placed in an inequitable position
after the parties' separation. Mr. Goodling has not only enjoyed
the benefits of the items purchased by him on Ms. Goodling's
credit cards, he has also not been burdened by paying for those
items.
An equitable division of the parties' assets and debts
would be the transfer of those items still in Mr. Goodling's
possession
Ms. Goodling
making
payment,
is
~r
which
roimbursement to Ms. Goodling for payments made by her on items
Mr. Goodling continues to enjoy, as well as reimbursement of the
,
$1,000.00 which Mr. Goodling removed from Ms. Goodling's business
account.
VII. PROPOSAL FOR EQUITABLE DISTRIBUTION
PROPOSAL HAS BEEN
PROVIDE TO MELISSA
MARITAL PROPERTY.
SUGGESTED WHICH WOULD
HER EOUITABLE SHARE OF THE
The proposal for the court's consideration is that Melissa
Goodling keep the diamond engagement ring in her possession,
receive the tanning bed, stereo, water bed, chair, couch, and cat
for which she continues to make payments on her credit cards. In
addition she would receive her desk, the Nintendo, the home
stereo, the cordless phone, microwave, microwave stand, the
exercise bike, mirror, compact disc rack, compact disc and tape
4
holder, selected compact discs, kerosene heater, stereo and
tapes, light fixtures, posters, one air conditioner, and any
modeling business equipment which remains in the marital house.
Mr. Goodling would keep the Sega, videocassette recorder,
home gym, car stereo, blinds, washer & dryer, the refrigerator,
freezer, fish tank, tables, love seat, guns, grill, lawn mower,
camcorder, miscellaneous art to include, but not limited to,
vases, prints, and pictures, one air conditioner, the sit-up
bench, ironing board, and selected compact discs. The diamond in
Mr. Goodling's possession would be sold and its net proceeds
divided evenly between Mr. and Mrs. Goodling.
Mr. Goodling would pay to Ms. Goodling $5,264.00 as
! :
reimbursement for the $1,000.00 he removed from her business and
for the down payment for the 1977 BMW 750 IL in his possession.
Lastly Mr. Goodling will pay Ms. Goodling's counsel fees
since it was his actions which forced Ms. Goodling to retain an
attorney to protect her interests.
Respectfully submitted,
CRIFFIE & ASSOCIATES
Attorn~ys for Defendant
BY
~ ne M. SheB rd,
200 North ij nove street
Carlisle, PA 17013
(717) 243-5551
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I~ !HE COURT OF COMMON PLEAS OF
CmiBERL\ND COmlTY, p~SnVANI.\
n..-,virl K. r.,()(")(ll inn
Pl.dntiff
vs.
Melissa L. Goodlinq
Defendant
~O . 778
1995
Mpliq~R fl. r.,(')()(llin<1
a ~ster with respect to the
( X) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
~OTION FOR APPOnlnmlT OF ~STER
~~ (Defendant),
fallowing claims:
moves the court to appoint
(X)
( )
( )
( )
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(l) Discovery is comp,lete as to the claims(s) for which the
appoincnent of a master is requested.
(2) The defendant (has) ~ appeared in the action (~)
(by Rii attorney, 110m' (_I. Shenarrl ,Esquire).
(3) The staturory ground(s) far divorce (is)~) 330lfcl
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
~:
(c) The action is contested with respect to the folLowing
cla:l.::ul: (1i"t.rihll~inn nf Drnl'f'r~y
. (5) The action ~) (does ooc L~volve) complex issues or law
or ract.
(6) The hearing is e.'(jlecced to take onp. ~ (days).
(7) Additional info~ation, if any. relevant to the ~ocion:
Date: (J~1-A~ F/f~
Anne M. Shepard,
-::..L-(C{( ~~squi::e,
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: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05.778 CML TERM
: IN DIVORCE
DAVID K. GOODLING,
Plaintiff
MELISSA L. GOODLING,
Defendant
AFFIDAVIT OF CONSENT
1. A Comp1nlnt in Divorce under Sccllon 3301(e) of the Divorce Code was flied on February
13, 1005.
2. The Marriage of Plaintiff and Defendant is irretrievably broken and ninety (00) days have
elapsed from the date of the filing of the Complnlnt.
3. I consent to the entry of the final Dccree of Divorce,
4. I have been advised of the availnbility of marriage counseling, that I may request that the
Court require that my spouse and I participate In counseling, and that the Court maintains a list of
marriage counselors In the Prothonotary's Office, which list Is availnble to me upon request, Being so
advl8ed, I decline to request that the Court require that my spouse and I participate In counseling,
5. I undersl.nnd that I may lose rights concerning nlimony, division ofprop~rty,lawyer's fees
or expenses If I do not claim them before a divorce is granted.
I VERIFY THAT TIlE 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.::: SECTION 4004 RELATING TO UNSWORN FALSIFICATION TO
AUTHORITIES.
~oU.;?J
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DAVID K. GOODLING,
Plaintiff
IN THE COUIlT 01' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VB,
MELISSA L. GOODLING,
Defendant
CIVIL ACTION - LAW
No. 95 - 778
NGr------------G~~~h-----~~
IN DIVORCE
STATUS SHEET
M'__
ACTIVITIES:
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DATE:
2/12/96
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Ca,fisle, PA 17013
(717) 240-6535
E. Robort Ellckor, II
Oivorco Maslor
Trael Jo Colyer
Offico Monagor/Roportor
West Shoro
697.0371 Ext.6535
February 12, 1996
Robert J. Mu1derig, Esquire
LAW OFFICES OF RON TURO
32 South Bedford Street
Carlisle, PA 17013
Anne M. Shepard
Attorney at Law
GRIFFIE & ASSOCIATES
200 Hanover Street
Carlisle, PA 17013
RE: David K. Goodling vs. Melissa L. Goodling
No. 95 - 77S
In Divorce
Dear Mr. Mulderig and Ms. Shepard:
By order of Court of President Judge Harold E. Sheely
dated February 2, 1996, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on February 13, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage. The complaint also avers that the parties separated
in June 1994.
No economic claims have been raised in the action and I
am unable to determine whether or not grounds for divorce are at
issue. I have in the file an affidavit of consent signed by the
Plaintiff dated May 23, 1995, and filed on June 21, 1995.
Inasmuch as no economic claims have been raised and I am
uncertain as to any issues with respect to grounds for divorce I
direct that counsel respond to my inquiries within two weeks of
today's date so that I know how to proceed.
Very truly yours,
E. Robert Elicker, II
Divorce Master
,
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlislo. PA 17013
(717) 240.6535
E. Robert Elicker, II
Oivorco Maslor
Tracl Jo Cotyer February 27, 1996
Otllco Manoger/Roportor
Robert J. MUlderig, Esquire
LAW OFFICES OF RON TURO
32 South Bedford Street
Carlisle, PA 17013
West Shore
697-0371 Ext, 6535
Anne M. Shepard
Attorney at Law
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
RE: David K. Goodling vs. Melissa L. Goodling
No. 95 - 778
In Divorce
Dear Mr. Mulderig and Ms. Shepard:
I have received an answer and counterclaim filed on
behalf of the Defendant raising the economic issues of equitable
distribution, alimony, alimony pendente lite, and counsel fees,
costs, and expenses.
I am still not clear as to how counsel intend to handle
the grounds for divorce issue but I assume that by June 1996 a
two year separation will have occurred and the parties can
conclude the divorce under section 3301(d) of the Domestic
Relations Code if the Defendant has not agreed to file an
affidavit of consent.
Economic claims now having been raised, I am directing
each counsel in accordance with P.R.C.P. 1920.33(b) to file a
pre-trial statement on or before Friday, March 22, 1996. Upon
receipt of the pre-trial statements I will immediately schedule
a pre-hearing conference with counsel to discuss the issues and,
if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
Mr. Mulderig and Ms. Shepard, Attorneys at Law
27 February 1996
page 2
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENTS SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING
COUNSEL.
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID K. GOODLING,
Plaintiff
NO. 95 - 778
MELISSA L. GOODLING,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Robert J. Mu1derig
, Counsel for Plaintiff
Anne M. Shepard
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 31st day of May, 1996, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 3/28/96
E. Robert Elicker, II
Divorce Master
Robert J. MUlderig, Attorney for Plaintiff, has not filed a
pre-trial statement as of the date of this notice.
Anne M. Shepard, Attorney for Defendant, filed a pre-trial
statement on March 2, 1996.
cc: David K. Goodling
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 95.778 CML TERM
: IN DIVORCE
DAVID K. GOODLING,
PlnintilT
MELISSA L. GOODLING,
DeCendant
ORDER OF COURT
AND NOW this _ doy oC
. 1096, it is hereby ordered thot the Petitioner's Pelltlo
to Withdraw as Counsel is granted.
BY THE COURT:
J,
DAVID K. GOODLING,
PlnintlJT
: m THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
,
: NO, 95-778 CIVIL TERM
: m DIVORCE
MELISSA L. GOODLING,
Defendnnt
PETITION TO WITHDRAW AS COUNSEL
AND NOW comes Plaintllrs counsel, Robert J, MuJderig, Esquire and respectfully requests the
Court to nlIow him to withdrnw os counsel in the nbove-cnptioned cnse nnd slntes:
1. Petitioner is Robert J, MuJderig, Esquire, counsel for the PlaintlJT, Dnvid K. Goodling.
2, On February 13, 1995, Petitioner rued n Divorce Complaint in the nbove-cnptloned coset
3. Between toot dnte and Mny 23, 1995, Petitioner negotiated a Property Settlement
Agreement between the parties.
4. On Mny 23, 1995, P1aintlJT signed nn Affidnvit of Consent but neglected 1,0 sign the
Property Selllement Agreement,
5. On June 20, 1995, Petitioner wrote to PlaintlJT Informing him toot he OOd to sign the
Separation nnd Property Settlement Agreement, He n1s0 advised him that his wife OOd not signed the
Affidnvit of Consent or the Property Settlement Agreement,
6, Mer numerous phone cnlIs which were not responded to on September 18, 1995,
Petitioner again wrote to the P1aintiIT nsklng him to cont.nct Petitioner at his el\J'uest convenience
concerning the Divorce.
7, Again after numerous phone cnlIs whlch were not returned, the Defendant obt.nined Ann
M, Shepherd, Esquire os his nttorney,
8. P1aintlJT still did not conUict Petitioner until Februnry of 1996 nt which time he Informed
Petitioner's secretary toot he was oblnining nnother attorney,
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0, On Febnmry 13, 1096, Petitioner wroto to PlllIntlfl' explaining tho stops neceS8lU'Y for
withdrnwnllll1d substitution of counsel, 'rhere hIlS been no further contact by Plnintlfl' with Petitioner,
10. Petitioner Is unable to represent the Interests of the PlllIntlfl' without his cooperntlon,
WHEREFORE, Petitioner respectfully requests this honomblo Court to nJlow him to withdrnw lIS
Plain tilT's nttorney,
Respectfully submitted,
LAW OFFICES OF RON TURO
54t;;~
Date
Robert J,
VERIFICATION
I verify that the statements made in the foregoing Petition to Withdraw as Counsel are true an
correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, Sectlo
4904 relating to unsworn falsification to authorities.
_~h~~
Dat
~~
Robert . Mulderig, uire
CERTIFICATE OF SERVICE
I hereby certify that I served a true ond correct copy of the Petition to Withdraw 8B Counsel upo
David It Goodling, PlnintifT, Ann M. Shepherd, Esquire, E, Robert Elicker, II, by depositing same in th
United States Mail, f11'st class, postage pre-paid on the 2!!- dny of f)1dA/~ ,1096, from Carlisle
Pennsylvnnln, nddressed os foUows:
Dnvid It Goodling
222 TellllCo Rend
Mechanlcsburg, P A 17055
Ann M, Shepherd, Esquire
Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
E. Robert Elicker, II
Office of the Divorce Moster
9 North Hanover Street
Carlisle, PA 17013
LAW OFFICES OF RON TURO
Robert J wderlg, Es
32 South Bedford Street
Cnrllsle, PA 17013
(717) 245.0688
Attorney for PtnintifT
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DAVID K. GOODLING,
Plnintlff
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 1l5.778 CML TERM
: IN DIVORCE
v,
MELISSA L. GOODLING,
Dcfendant
PETITION TO WITHDRAW AS COUNSEL
AND NOW comes PlnintilT's counsel, Robert J. MuJderlg, Esquire and respectfully requcsts the
Court to allow him to withdraw as counsel in the above.captloncd CIl8e and sllltes:
1, Petitloncr Is Robert J. Mulderlg, Esquire, counsel for the Plaintiff, David K. Goodling.
2. On February 13, 11l1l5, Petitioncr filed a Divorce Complaint in the above-captioned ClIlIe.
3. Between tlmt date and May 23, 11l1l5, Petitioner negotiated a Property Settlemcnt
Agreement betwcen thc parties.
4. On May 23, 11l95, Plaintiff signcd an Affidavit of Consent but neglected to sign the
Property Settlemcnt Agreemcnt,
5, On June 20, 1995, Petltioncr wrote to Plaintiff informing him that hc had to sign the
Separation and Property Settlcment Agrcement. He also advised him that his wife Imd not signed the
Affidavit of Conscnt or the Property SeUlement Agreement,
6. Mer numerous phone calls which were not responded to on September 18, 11l95,
Petitioner again wrote to the Plaintiff nsking him to conlllct Petitioner at his earliest convcnience
concerning the Divorce.
7, AgnIn after numcrous phone calls which were not returned, the Dcfendant obt.nincd Ann
M. Shcpherd, Esquire ns his attorney.
8. Plaintiff stiU did not conlnd Petitioner unlit Fcbruary of 11l1l6 at which time he informed
Petitioner's secrctary that he wns oblninlng another altorney,
9, On February 13, 1096, Petitioner wrote to PlnlntlfT explnlnlng the steps necessary for
withdrawn) nod substitution of counsel. There has been no further contact b:l PlnlntifT with Petitioner,
10. Petitioner Is unable to represent the Interests of the Pln1ntifT without his cooperation,
WHEREFORE, Petitioner respectfully requests this honorable Court to ollow him to withdraw os
PlnlntlfT's attorney.
Respectfully submitted,
LAW OFFICES OF RON TURO
34t;;?
Dote
Robert J.
32 South edford Street
Carlisle, P A 17013
(717) 245.9688
Attorney for PlnlntlfT
I
I
,
i
I
VERIFICATION
I verify thnt the statements mnde In the foregoing Petition to Withdrnw as Counsel are true on
correct, I understand thnt folse statements herein are made subject to the pennlties of 18 PB. C.S. Sectio
4904 relntlng to unsworn folsificatlon to nuthorities.
~h~~
DBt
4.t~~,..
CERTIFICATE OF SERVICE
I hereby certify tlmt I served a true and correct copy of the Petition to Withdraw as Counsel upo
David K. Goodling, Plnlntilf, Ann M. Shepherd, Esquire, E, Robert Elicker, II, by depositing same in th
United States MniI, first cws, postage pre.paid on the :?t~ day of !J!~/~ ,1996, from Carlisle
Pennsylvnnin, addressed II-:' follows:
David K. Goodling
222 Texaco Road
Mechnnlcsburg, PA 17055
Ann M. Shepherd, Esquire
Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
E. Robert Elicker, II
Office of the Divorce Mnster
9 North Hanover Street
Carlisle, P A 17013
LAW OFFICES OF RON TURO
Robert J i1Iderig, s e
32 South Bedford Street
Carlisle, P A 17013
(717) 245.9688
Attorney for Plnlntlff
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DAVID R. GOODLING,
Plaintiff
IN THE COURT OF COMMON PLEAs OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VB.
MELISSA L. GOODLING,
Defendant
NO. 95-778 CIVIL TERM
IN DIVORCE
ORDJlR 01' COURT
4.. 0
AND NOW, this Jj day of If'l~t ,,1996, IT IS HEREBY ORDERED
AND DIRECTED that the Petitioner's Petition to Withdraw as
Counsel is ~ 7<t6......u,l, -r:..-:t;:t:;~-l..U"'~ (}'U'-.:ti:-.l 3/.J S/% .
BY THE COURT,
Isl 7J..u:c,,-l. C'. __PA...d,
rf J.
IlAAoUlY L. aM'"
MC"'LLI R. CAL"'OT
""". 101, s........
GIDFFIE & ASSOCIATES
ATTORNEYS AND COUNSELORS AT LAW
200 NORTH H"...oYlA SmUT
C.",,,,,. PAI7013
(717) 243-5551
1 (800) 347-5552
FAX 717-243.5063
Roo..J,Ooo""",,
OfIlICI MAH401A
C............UAO TRUIT Iluw...
Surr, 550. 14 Norm"....'. S"'u.
C..........UACl, PA 17201
(717) 267.1350
March 29, 1996
R'Pl.T TO; CAlUIU
E. Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover street
Carlisle, PA 17013
RE: Goodling v. Goodling
Dear Mr. Elicker:
To date the undersigned has not received a copy of the Pre-
Trial Memorandum to be prepared and received on or before March
22, 1996. Therefore, since it has been the opposing party's
actions in this matter that has forced my client to request a
master's hearing in the first place, I would request that as
provided by the Pennsylvania Rules of civil Procedural opposing
party not be allowed to provide any evidence or witnesses in this
matter.
Very truly yours,
AMS/1am
i;; i~Si:T:
~~ M. She ar~~ ~
cc: Robert H1I1derjIJ, Esquire
Melissa Goodling
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID K. GOODLING,
P1aintHt
MELISSA L. GOODLING,
Detendant
NO. 95-778 CIVIL TERM
IN DIVORCE
ORDI!R OF COURT
AND NOW, this If'.4..day of q,>i..(. , 1996, IT IS HEREBY ORDERED
AND DIRECTED that the Petitioner's Petition to Withdraw as
Counsel is .~\i'. '6...~Gv",J," '-Pd..b~... .,w;..... Z1"""i7.t .31.;s/1(, .
BY THE COURT,
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IF J.
',. r:'(~q RECORD
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.l:..'d,~., i'1f,li;')I!)liJry
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID K. GOODLING,
P1aintitt
MELISSA L. GOODLING,
Defendant
NO. 95-778 CIVIL TERM
IN DIVORCE
OBJECTION TO WITllDRAnL 01'
ROBERT KULDERIO. ESOOIRl!. AS COUNSBL
AND NOW, comes Defendant's counsel, Anne M.
Shepard,
Esquire, and respectfully requests the Court to deny Robert
Mu1derig, Esquire'S, Petition to Withdraw as Counsel in the above
captioned case and states:
1. On or about November 8, 1995, Robert L. MU1derig,
Esquire (hereinafter "Mu1derig") was put on notice that the Law
Firm of Griffie & Associates would most likely be representing
the Defendant in the above referenced matter, Melissa L.
Good1inq, in the divorce case.
2. On or about November 2S, 1995, a letter was forwarded to
MU1deriq by Defendant's counsel informing him that she would be
representing Melissa Goodling. A copy of that letter is attached
hereto and incorporated herein by reference as Exhibit "A".
3. said letter requested that Mu1derig forward a photocopy
of a proposed Settlement Agreement that had been prepared by him
to Anne M. Shepard, Esquire.
4. Due to the lack of response from Mr. Mu1derig and the
time period that had elapsed from the filing of the Divorce
Complaint by Hr. MU1deriq, Defendant filed an Answer and
counterclaim requesting equitable distribution.
5.
MUlderig was served a copy of said Answer
and
counterclaim via first class mail on or about February 22, 1996.
6. Despite such continued correspondence and filing of
pleadings, there was no contact from Mu1derig.
7. On or about February 27, 1996, the Divorce Master sent
notice to both parties' attorneys of record that Pre-trial
statements were to be filed with him no later than March 22,
1996. A copy of said letter is attached hereto and incorporated
herein as Exhibit "B".
8. To the best of Defendant's knowledge, Mu1derig did not
make contact with the Master informing him that he was no longer
representing the Plaintiff, nor did Hu1derig make contact with
Defendant's attorney informing her that he was no
longer
..
representing the plaintiff.
9. On or about March 22, 1996, Defendant's counsel served
upon the Master and upon Mu1derig the Defendant's Pre-trial
statement.
10. On or about March 28, 1996, Defendant's counsel
received a telephone call from the Master's office informing her
the hearing date for the pre-trial hearing would be Hay 31 and
that Ku1deriq would not be informed of this hearing date since it
was likely he was removing himself from the case.
11. On or about Karch 28, 1996, Defendant's counsel
received in the mail a copy of a petition to Withdraw as Counsel
apparently to be filed with the Court by Mu1deriq, since the copy
received was not time-stamped by the prothonotary's Office.
12.
When
Defendant's counsel
contacted
the
Court
Administrator's Office to determine, in fact, whether such a
petition had been filed, she was informed that the Petition had
been forwarded to the Honorable Judge Sheely on March 27, 1996.
13. Defendant's counsel objects to the withdrawal of
MU1derig as counsel for Plaintiff.
14.
Defendant's counsel objects because Mu1derig
had
approximately four months to decide to file the Petition to
Withdraw since he had been on notice as indicated by Exhibits
"A" and "B" that he was the attorney of record for the Plaintiff.
15. Mu1derig chose not to withdraw at that point.
16. By waiting until after the deadline for the submission
of Pre-trial statements, Mu1derig has prejudiced Defendant's
counsel by causing a potential delay in the pre-trial conference
while Plaintiff seeks new counsel.
17.
Mu1deriq has prejudiced his own client by
not
submitting any Pre-trial Statement by the required deadline and,
therefore, potentially ~ubjectinq his client to sanctions as
listed in 42 Pa.R.Civ.pro~., Rule 1920.33(C), (d).
WHEREFORE, Defendant respectfully requests this Honorable
Court to deny potitioner's request to allow him to withdraw as
Plaintiff's counsel.
Respectfully submitted,
7
GRI'~IE & ~?CIAT -;;
/1/ ,1 ' ' 1/; /lfi
/ 'fA.! ' .t, (//1-
~ne M. Shepard, Es ire
Attorney for Defendant !
200 North Hanover street
Carlisle, PA 17013
DAVID K. GOODLING, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . CIVIL ACTION - LAW
.
MELISSA L. GOODLING, . NO. 95-778 CIVIL TERM
.
Defendant . IN DIVORCE
.
CBRTIFICATB OF SBRVICB
I hereby certify that I served a true and correct copy of
the Objection to Petition to Withdraw as Counsel upon Robert J.
MU1derig, Esquire, E. Robert Elicker, II, Esquire, and David K.
Goodling.
'~ .
DATi{jI) rj;[cj 1~!r~
",
",RIFFlE & ASSOCIATES'
A l"T'CAAEYs.....o COUNSElORS A r I..'W
2OIl-... ~ s.....
c-.u. DA t1'01J
17':'1 ZOJola51
, IIDOl Jo&~.5552
FAX 717.Z0J05OCl
~L. c.-.
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.......... s..-
Rc.. J. a-c-
o-c. ~
November 28, 1995
~ .......,..-I'Q~....,. ~
s.n.SSO.I4,_~S""Ul'
c: _~ =-4 t-nat
lTl71 ZC7.13eO
JW..,.,,; ~
Robert Kulderig, E5quire
32 South Bedford Streee
Carlisle, PA 17013
lU':: GoocUinq v. Goodlinq
Dear Hr. Mulderig:
As I believe you are aware, our ottice represents Kelissa
Goodling in her divorce proc:aedings. It is 'lAy understanding troll
discussions with Kr. Grittie that you bad prepare<: ~ Separation
and Property Settluent Agreement which was intended to resolve
all collateral issue. asaociated with these divorce proceeding..
In order to continue these matters moving forward, I would
appreciate it you could torward a photocopy ot that propo.ed
aqreeaent to _ so that I aiqht review it vith 1ll'/ client. Attar
I have had the opportunity to discuss the proposed. agre_ent vith
her in detail, I vill advise you as to whether she is in tact
villing to accept ene proposal as made in the agreement or
wheener ve need to neqotiate any issues tur-..her.
Your prompt attention in this matter shoul~ allow us to
advance this case expeeitious1y.
Very truly yours,
CRJ:FFIE , ASSOCIATES
rl/1fkJ-
Ann~. Siiepard
AKS/lac
cc: Ke1issa Goodlinq
.
.
Exhibit "A"
C~Q
~
OFFICE OF DIVORCE MASTER
CUMBERL,\ND COUNTY
COURT OF COMMON PLEAS
9 Nonn Hanover Streel
Carlisle. PA liOl:1
(717) 240.65:15
Eo Robert Elicker, II
Divorce M&ste,
West Shore
697.0:171 E:lt.6535
Trac:1 Ja Colyer
OIflce ManageriRepot1er
Robert J. Kulderig, Esquire
LAW OFFICES OF RON TURO
32 South Bedford Street
carlisle, PA 17013
February 27, 1996
Anne K. Shepard
Attorney at Law
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
RE: David K. Goodling vs. Melissa L. Goodling
No. 95 - 778
In Divorce
Dear Hr. KU1derig and Ms. Shepard:
I have received an answer and counterclaim filed on
behalf of the Defendant raisinq the economic issues of equitable
distribution, alimony, alimony pendente lite, and counsel fees,
costs, and expenses.
I am still not clear as to how counsel intend to handle
the qrounds for divorce issue but I assume that by June 1996 a
two year separation will have occurred and the parties can
conclude the divorce under Section J301(d) of the Domestic
Relations code if the Defendant has not agreed to file an
affidavit of consent.
Economic claims now having been raised, I am directing
each counsel in accordance with P.R.C.P. 1920.33(b) to file a
pre-trial statement on or before Friday, March 22, 1996. Upon
receipt of the pre-trial statements I will immediately schedule
a pre-hearing conference with counsel to discuss the issues and,
if necessary, schedule a hearing.
Very truly yours,
~u,#'h
E. Robert Elicker, II
Divorce Master
.
.
-
Exhibit "B"
Mr. Mulderig and Ms. Shepard, Attorneys at Law
27 February 1996
Page 2
NOTE: Sanctions !or failure to !ile the pre-trial statements
are set forth in subdivision (el and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENTS SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTL~ TO OPPOSING
COUNSEL.
DAVID K. GOODLING, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VB. . CIVIL ACTION - LAW
.
.
.
MELISSA L. GOODLING, . NO. 95-778 CIVIL TERM
.
Defendant IN DIVORCE
ORDER OF COURT
, LL:Jk 0.' /,
AND NOW, this -. day of ~~1~(, , 1996, IT IS HEREBY ORDERED
AND DIRECT~JPat ,t~ petitioner's Petition to Withdraw as
counBe~~is dejed. t<r:+V~ ~, (?C r ( r I Gv" lACL::j
CX< "~\;1~ . ') I )-~ 116 BY TRE COURT, ,
11 eLel( ~ 9{~-
J.
l;
It
Ii
vs.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DAVID K. GOODLING,
, plaintiff
MELISSA L. GOODLING,
Defendant
NO. 95-778 CIVIL TERM
IN DIVORCE
OBJECTION TO WITHDRAWAL OP
ROBERT HULDERIG. ESQUIRE. AS COUNSEL
AND NOW, comes Defendant's counsel, Anne M.
Shepard,
Esquire, and respectfully requests the Court to deny Robert
Mu1derig, Esquire's, Petition to Withdraw as Counsel in the above
captioned case and states:
1. On or about November 8, 1995, Robert L. MU1derig,
Esquire (hereinafter "Mu1derig") was put on notice that the Law
Firm of Griffie & Associates would most likely be representing
the Defendant in the above referenced matter, Melissa L.
Goodling, in the divorce case.
2. On or about November 2~, 1995, a letter was forwarded to
"
Mu1derig by Defendant's counsel informing him that she would be
representing Melissa Goodling. A copy of that letter is attached
hereto and incorporated herein by reference as Exhibit "A".
3. Said letter r~quested that Mu1derig forward a photocopy
of a proposed Settlement Agreement that had been prepared by him
to Anne M. Shepard, Esquire.
4. Due to the lack of response from Mr. Mu1derig and the
time period that had elapsed from the filing of the Divorce
Complaint by Mr. Mu1derig, Defendant filed an Answer and
Counterclaim requesting equitable distribution.
5.
Mu1derig was served a copy of said Answer
and
Counterclaim via first class mail on or about February 22, 1996.
6. Despite such continued correspondence and filing of
pleadings, there was no contact from Mulderig.
7. On or about February 27, 1996, the Divorce Master sent
notice to both parties' attorneys of record that Pre-trial
statements were to be filed with him no later than March 22,
1996. A copy of said letter is attached hereto and incorporated
herein as Exhibit "B".
8. To the best of Defendant's knowledge, Mu1derig did not
make contact with the Master informing him that he was no longer
representing the Plaintiff, nor did Mu1derig make contact with
Defendant's attorney infol~ing her that he was no
longer
..
representing the Plaintiff.
9. On or about March 22, 1996, Defendant's counsel served
upon the Master and upon Mu1derig the Defendant's Pre-trial
.,
statement.
10. On or about March 2S, 1996, Defendant's counsel
received a telephone call from the Master's office informing her
the hearing date for the pre-trial hearing would be May 31 and
that Mu1derlg would not be informed of this hearing date since it
was likely he was removing himself from the case.
11. On or about March 28, 1996, Defendant's counsel
received in the mail a copy of a Petition to Withdraw as Counsel
apparently to be filed with the Court by Mu1derig, since the copy
received was not time-stamped by the Prothonotary's Office.
12.
When
Defendant's counsel
contacted
the
Court
Administrator's Office to determine, in fact, whether such a
Petition had been filed, she was informed that the Petition had
been forwarded to the Honorable Judge Sheely on March 27, 1996.
13. Defendant's counsel objects to the withdrawal of
Mulderig as counsel for Plaintiff.
14.
Defendant's counsel objects because MU1derig
had
approximately four months to decide to file the Petition to
Withdraw since he had been on notice as indicated by Exhibits
"A" and "B" that he was the attorney of record for the Plaintiff.
15. Mulderig chose not to withdraw at that point.
16. By waiting until after the deadline for the submission
of Pre-trial statements, MU1derig has prejudiced Defendant's
counsel by causing a potential delay in the pre-trial conference
while plaintiff seeks new counsel.
17.
MU1derig has prejudiced his own client by
not
submitting any Pre-trial statement by the required deadline and,
therefore, potentially SUbjecting his client to sanctions as
listed in 42 pa.R.Civ.proc., Rule 1920.33(c),(d).
WHEREFORE, Defendant respectfully requests this Honorable
Court to deny Petitioner's request to allow him to withdraw as
plaintiff's counsel.
Respectfully submitted,
GR}:F" IE & ASSOCI,ES
WJJ{V /I/I!I/ li' j1
one M. Shep~d, Esquire
, ,
Attorney for Defendant
200 North Hanover street
Carlisle, PA 17013
DAVID K. GOODLING,
Plaintiff
va.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
MELISSA L. GOODLING,
Defendant
NO. 95-778 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of
the Objection to Petition to Withdraw as Counsel upon Robert J.
MU1derig, Esquire, E. Robert Elicker, II, Esquire, and David K.
Goodling.
DATE~!41A'(' ~ If/It;
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c.:.RIFFIE & ASSOCIATES
A TTOANEYS AND COUI'<SELORS "r LAW
:!CO Homo _. """"
c.....u. "" 1711'3
171712Q.WI
1 (lIOQ) :W7.~
FAX 717-24305Os:l
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(7'7) 2S7.,3S0
November 28, 1995
FluI.. "0: c......a
Robert MUlderiq, Esquire
32 South Bedford Street
Carlisle, PA 17013
RE: Goodling v. Good1inq
Dear Mr. Mulderiq:
As I believe you are aware, our office represents Melissa
GoocUing in her divorce proceedings. It is my understandinq froll
discussions with Mr. Grittie that you had prepared a Separation
and Property Settlement Aqreement which was intended to resolve
all collateral issues associated with these divorce proceedinqs.
In order to continue these matters movinq forward, I would
appreciate if you could forward a photocopy of that proposed
aqreement to lIIe so that I lIIiqht review it with lilY client. Atter
I have had the opportunity to discuss the proposed aqreement with
her in detail, I will advise you as to whether she is in fact
willing to accept the proposal as made in the aqreement or
whether we need to negotiate any issues further.
Your prompt attention in this matter should allow us to
advance this case expeditiously.
Very truly yours,
GRIFFIE , ASSOC~TES
.tUiftJ,a"
AMS/1ac
cc: Melissa Good1inq
.
.
-
Exhibit "A"
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 Nonh Hanover Street
Carlisle, PA 17013
(717) 240.6535
E. Robert Elicker, II
Divorcl Mastlr
Tracl oJo Colyer F b 27 96
e ruary , 19
OffIci Managlr/Rlpaner
Robert J. MU1derig, Esquire
LAW OFFICES OF RON TURO
32 South Bedford Street
Carlisle, PA 17013
West Shore
697.0371 Ex.. 6535
Anne M. Shepard
Attorney at Law
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
RE: David K. Goodling vs. Melissa L. Goodling
No. 95 - 778
In Divorce
Dear Hr. Mu1derig and Ms. Shepard:
I have received an answer and counterclaim filed on
behal: of the Defendant raising the economic issues of equitable
distribution, alimony, alimony pendente lite, and counsel fees,
costs, and expenses.
I am still not clear as to how counsel intend to handle
the grounds for divorce issue but I assume that by June 1996 a
two year separation will have occurred and the parties can
conclude the divorce under Section 3301(d) of the Domestic
Relations Code if the Defendant has not agreed to file an
affidavit of consent.
Economic claims now having been raised, I am directing
each counsel in accordance with P.R.C.P. 1920.33(b) to file a
pre-trial statement on or before Friday, March 22, 1996. Upon
receipt of the pre-trial statements I will immediately schedule
a pre-hearing conference with counsel to discuss the issues and,
if necessary, schedule a hearing.
Very truly yours,
{J;ud-U,~:h
E. Robert Elicker, II
Divorce Master
.
.
-
Exhibit "B"
Mr. MU1derig and Ms. Shepard, Attorneys at Law
27 February 1996
Page 2
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (e) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENTS SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTL~ TO OPPOSING
COUNSEL.
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 05.778 CML TERM
: IN DIVORCE
DAVID K. GOODLING,
Pln.intUT
MELISSA L. GOODLING,
Defendnnt
ORDER OF COURT
AND NOW this ~ny of 7n~.J-. . 1006, Ills hereby ordered lhnllhe Petitioner's Petitio
to Withdrnw as Counsells granted.
BY THE COURT:
IS I '(!'L t. .JI....J..
J,
IlMDuY L ClIwllf
Mc:HIlU R, CAI.......
AHff. M. s.c..""
GmFFIE & ASSOCIATES
ATTORNEYS AND COUNSELORS AT LAW
200 N""", H...,... Sm,"
C....."". PA 17013
(717) 243-5551
I (BOO) 347-5552
FAX 717.243.5063
Roo.. J, GooHORH
C>1ct Mt.HAa<.
c.w.......UACl T.ulT 1lua.Dl..,
Su<rt 550.14 NOAT>t MA.. SmUT
c.w......UACl. PA 17201
(717) 267.1350
May 2S, 1996
R.PLV TO: C.....1lI
E. Robert Elicker, II, Esquire
Divorce Master
9 North Hanover street
Carlisle, PA 17013
RE: Goodling vs. Goodling
NO. 95-77S CIVIL TERM
Dear Mr. Elicker:
This is to inform you that the opposing party in this
matter, David Goodling, has signed the property Settlement
Agreement. I anticipate my client being in the week of May 27 to
sign the Property Settlement Agreement. Once the document has
been signed, I will forward a copy to your office. Therefore,
there is no need for the Master's pre-trial conference scheduled
for 9:30 on May 31 in your office. Should you have any
questions, please feel free to contact me.
Very truly yours,
;;;FFIE & ASidOC! TE'
aU n{ _ u/Jwt
Anne M. Shep rd 'O~
'AMs/rjg
cc: Melissa L. Goodling
Maria P. Cognetti, Esquire