HomeMy WebLinkAbout96-03342
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DECREE IN
DIVORCE
AND NOW, . .. . , J" \'.Hl c.. :::'.0... .. . ..... 19.1'1". it is ordered and
decreed that "... .S,h.l.r.l.e.y, .L... .G,I.l.c.h.r,l,".t. . . . , .. , . , , . . . .. . , .. . . . .. plaintiff,
and..... ..~: ,~~'\'~~ ,qq~~~\~~..... . .. .. , ... .... , .. . .... ....... defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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SHIRLEY L GILCHRIST : IN THE COURT OF COMMON PLEAS
PlaiDtift' . CUMB.I:RLAND COUNTY,
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PENNSYLVANIA
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VI. . NO. 96-3342
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R. LAMAR GILCHRIST OVIL AcnON - LAW
Defendant . IN DIVORCE
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MARITAL SE1TLEMENT AGREEMENT
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SETTLEMENT AGRBDmNT
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THIS AGREEMENT, made this ~ day of /'1'7.1 'f
1999, by and between SHIRLEY L. GILCHRIST, ("Wife") of Carlisle,
CUmberland County, Pennsylvania and R. LAMAR GILCHRIST, ("Husband")
of Camp Hill, Cumberland County, Pennsylvania.
WIT N I S SIT HI
WHEREAS, the parties hereto are Husband and Wife, having
been married on November 22, 1969 in CUmberland County,
Pennsylvania; and
WHEREAS, Wife hae filed an action in Divorce in the Court
of Common Pleas, CUmberland County, Pennsylvania docketed at No.
96-3342; and
WHEREAS, by this Agreement, the p~rties have intended to
effectuate and equitably divide their marital property; and
WHEREAS, diverse unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of Husband and Wife to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous of
settling fully and finally their respective financial and property
rights and obligations as between each other including, without
limitation by specificationl the settling of all matters between
them relating to the ownership and equitable distribution of real
and personal property; the settling of all matters between them
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relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in
general, the settling of any and all claims and possible claims by
one against the other or against their respective estates.
NOW THEREFORE, with the foregoing recitals being
hereinafter incorporated by reference and deemed as an essential
part hereof and in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for
other good and valuable consideratioll, receipt of which is hereby
acknowledged by each of the parties hereto, Husband and Wife, each
intending to be legally bound hereby, covenant and agree as
follows:
1 . AGREEMENT NOT A BAR TO DrvORCB PROCEEDING.
This Agreement shall not be considered to affect or
bar the right of Husband or Wife to a limited or absolute divorce
on lawful grounds if such grounds now exist or shall hereafter
exist or to such defense as may be available to either party. This
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Agreement is not intended to condone and shall not be deemed to be
a condonation on the part of either party hereto of any act or acts
on the part of the other party which have occasioned the disputes
or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof, The parties intend to secure
a mutual consent, No-Fault Divorce pursuant to the terms of Section
3301(c) of the Domestic Relations Code of 1990 and to that end each
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is executi~g an Affidavit of Consent at the time of the execution
of this Marital Settlement Agreement.
2. EFFECT OF DIVORCE DECREE.
The parties agree tr~t unl~ss otherwise specifically
provided herein, this Agreement shall continue in full force and
effect after such time as a Final Decree in Divorce may be entered
with respect to the parties.
3 . AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE.
The parties agree that the terms of this Agreement
shall be incorporated but not merged into any Divorce Decree which
may be entered with respect to them. The parties understand and
agree that this Agreement shall survive any such final judgment or
Decree of Divorce and shall be independent thereof and the
incorporation of this Agreement into any Divorce Decree is for
purposes of enforcement only.
4 . DATE OF EXECUTION.
The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which it is executed by
the parties if' they have each executed the Agreement on the same
date. Otherwise, the "date of execution" or "execution date" of
this Agreement shall be defined as the date of execution by the
party last executing this Agreement.
5. DISTRIBUTION DATE.
The transfer of property, funds and/or documents
provided for herein shall only take place on the "distribution
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date" which shall be defined as the date of execution of this
Agreement unless otherwise specified herein.
6. F~CIAL DISCLOSURE.
The parties confirm that each has relied on the
substantial accuracy of the financial disclosure of the other, as
an inducement to the execution of this Agreement.
7. ADVISE OF COUNSEL.
The provisions of this Agreement and their legal
effect have been fully explained to the parties by their respective
counsel, MAX1NE KAY LEWIS, ESQUIRE, for Plaintiff, and BRADLEY L.
GRIFFIE, ESQUIRE of GRIFFIE & ASSOCIATES, for Defendant. The
parties acknowledge that they have received independent legal
advice from counsel of their selection and that they fully
understand the facts and have been fully informed as to their legal
rights and obligations and they acknowledge and accept that this
Agreement is, under the circumstances, fair and equitable and that
it is being entered into freely and voluntarily, after having
received such advice and with such knowledge and that execution of
this Agreement. is not the result of any duress or undue influence
and that it is not the result of any collusion or improper or
illegal agreement or agreements.
8. DISCLOSURE AND ~rvER OF PROCEDURAL RIGHTS.
Both parties understand they have the right to have a
Court hold hearings and make decisions on the matters covered by
this Agreement.
Both parties understand that a Court decision
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concerning the parties' respective rights and obligations might be
different from the provisions of this Agreement.
Both parties waiver the following procedural rights:
a. The right to have the Court determine which
is marital and which is non-marital and equitably
between the parties that property which the Court
property
distribute
determines to be marital.
b. The right to have the Court decide any other
rights, remedies, privileges, or obligations covered by this
Agreement, including but not limited to possible claims for
divorce, spousal support, alimony, alimony pendente lite, counsel
fees, costs and expenses.
9 . PERSONAL RIGHTS.
Husband and Wife; may and shall, at all times
hereafter, live separate and apart. They shall be free fr~m any
control, restraint, interference or authority, direct or indirect,
by the other in all respects as fully as if they were unmarried.
They may reside at such place or places as they may select. Each
may, for his o~ her separate use or benefit, conduct, carry on and
engage in any business, occupation, profession or employment which
to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or malign each other or the respective
families of each other nor compel or attempt to compel the other to
cohabit or dwell by any means or in any manner whatsoever with him
or her.
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10. HiJ'rUAL RELEASES.
Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate
of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situate, which he or
she now has or at any time hereafter may have against such other,
the estate of such other or any party thereof, whether arising out
of any former acts, contracts, engagements or liabiliti~s of such
other or by way of dower or curtesy, or claims in the nature of
dower or curtesy or widow's or widower's rights, family exemption
or similar allowance, or under the intestate laws, or the right to
take against the Spouse's will; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a
surviving spouse to participate in a deceased spouse I s estate,
whether arising under the laws of (a) Pennsylvania, (b) any State,
Commonwealth 07 Territory of the United States, or (c) any other
Country, or any rights which either party may have or at any time
hereafter have for past, present or future support or maintenance,
alimony, alimony pendente lite, counsel fees, equitable
distribution, costs or expenses, whether arising as a result of the
marital relation or otherwise, except, and only except, all rights
and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
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provision thereof. It is the intention of Husband and Wife to give
to each other by the execution of this Agreement a full, complete
and general release with respect to any and all property of any
kind or nature, real, personal or mixed, which the other now owns
or may hereafter acquire, except and only except all rights and
agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision
thereof.
11. PERSONAL PROPERTY.
A. FURNITURE AND FURNISHINGS
The parties make the following disposition and
settlement with respect to their furniture and furnishings:
a) Husband agrees that the following items of
personal property located at 300 North 28th Street, Camp Hill,
Pennsylvania shall constitute the sole and exclusive property of
Wife:
Pine knick-knack shelf
Teal suitcase
Six sterling coffee spoons
~ Hummel figurines (equal sizes/qualities)
.Box 16 cups & saucers, English bone china
Box 15 cups, apple glass dishes
Picnic basket with contents
Green hand garden tool-edger
White ceramic cat (on hearth)
Kaleidoscope with marbles & wooden base
Hammock with frame
Oriental rug
b) Wife agrees that all the furniture,
furnishings, household goods and appliances and other items of
personal property, excepting only the items enumerated in
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subparagraph (a) above presently located at the marital home shall
be the sole and exclusive prope:'ty of Husband.
c) :n consideration of Wife's waiver and
relinquishment of the remaining personal property located at 300
North 2S'h Street, Camp Hill, Pennsylvania, Husband shall pay to
Wife the sum of Seven Thousand ($7,000.00) Dollars in cash, or by
certified check at the execution of this Agreement
d) The parties hereby agree that, as to all
personal property not specifically mentioned herein, which are
presently titled in the sole name of one of the parties hereto or,
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if untitled, are presently in the sole possession of one of the
parties hereto, the par~y not having title thereto or possession
thereof hereby waives, releases, relinquishes and forever abandons
any and all claims therein, and acknowledges that the party having
title or possession of such items shall b~ the sole and exclusive
owner thereof.
B. AUTOMOBILES.
With respect to the motor vehicles owned by one or
both of the parties, Husband and Wife hereby waive, release,
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relinguish and abandon ~~y and all claims therein to any automobile
titled to or in the possession of the other party. Titles to
automobiles shall be executed by the parties, if appropriate, for
effecting transfer as herein provided, on the date of the execution
of this Agreement.
c. Busnmss.
Wife hereby waives any right, title and/or interest
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that she may have in Customized Tours by Gilchrist.
D) SPRINT/ALLTEL STOCXS
The parties agree to divide equally all jointly-
titled SPRINT and ALLTEL shares of stock. The parties shall retain
the SPRINT and ALLTEL shares of stock presently in their individual
names. In the transfer of securities to the parties, the parties
shall file any subsequent federal tax filings using an "average
cost basis" for the stocks that they subsequently own in individual
names through the distribution provided herein.
E) STOCXS. BONDS. INVESTMBNTS AND OTHER SECURITIES
The parties agree to divide all jointly-titled
stocks, bonds, investments and other securities, The parties agree
to a specific assignment and division of the accounts with SMITH-
BARNEY BALCOR, DEAN WITTER and WHEAT FIRST as follows: Wife shall
receive title to securities having a value as of the date of
transfer of $46,375.86. In the transfer of securities to the
parties, the parties shall file any subsequent federal tax filings
using an "average cost basis" for the stocks that they subsequently
own in individual names through the distribution provided herein.
F) 401 lltl
The sum of $39,517.11 plus actual interest and
dividends earned on this sum from December 31, 1995 to the date
that said funds are actually segregated to Wife as Alternate Payee
and carried in her name on the Book of the SPRINT 401 (k) Plan,
shall be assigned to Wife pursuant to a Qualified Domestic
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Relations Order. Husband, as participant, shall retain the
remainder of the 401(k) account balance together with all interest
and dividends earned thereon.
G) DEAN WITTER IRA ACCOUNT
The sum of $55,791.23 plus actual interest and
dividends earned on this sum since December 31, 1995 to the date
that said funds are actually segregated to Wife as Alternate Payee
and carried in her name on the Book of the Dean Witter IRA Account
shall be assigned to Wife pursuant to a "rollover" IRA. Husband,
as participant shall be awarded the remainder of IRA account
balance together with all interest and dividends earned thereon.
H. PENSION
The parties agree that Wife shall be awarded ~our
Hundred Sixty-TwO and 64/100 ($462,64) Dollars of Husband's monthly
pension benefit with the SPRINT Pension Plan through the vehicle
of a Qualified Domestic Relations Order:
Further, within fifteen (15) days of execution of
this Agreement by both parties, Husband shall compensate Wife the
sum of $462.64, per month by cash or certified check for each and
every month from January 1, 1996 to date, and shall continue such
payments until such time as Wife begins receiving a direct
disbursement from Husband's Sprint Pension Plan in this amount
pursuant to the Qualified Domestic Relations Order being prepared
for submission in the parties' divorce case. It is acknowledged
that Husband has paid spousal support or maintenance in the amount
of $400.00 per month since the time of the parties; separation
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(approximaeely January 1, 1996) through May 31, 1999. Husband
shall receive credit for these $400.00 payments against the $462.64
due herein. Therefore, there is remaining, due and owing to Wife
from Husband, ehe sum of $62.64 per month for each month from
January 1, 1996 ehrough May 31, 1999, a period of 41 months. Thus,
wiehin fifeeen (15) days of execution of ehis Agreement as provided
for herein, Husband shall compensate Wife the sum of $2,568.24 in
cash or cereified check which shall then bring Husband up to date
through May 31, 1999 with respece to any claims for spousal support
or maineenance, as well as any claims against Wife's portion of
Husband's Sprint Pension Plan.
Beginning June 1, 1999 and coneinuing for each successive
month thereafter until such eime as Wife receives direce payment
from the Sprint Pension Plan in the amount of $462.64, Husband
shall pay the sum of $462.64 directed to Wife on ehe first of each
and every month or coneemporaneously wieh his receipe of his
monthly Sprint Pension Plan disbursement.
The parties agree that they will each be the
irrevocable beneficiary for ehe other under the SPRINT Pension
Plan.
I. OTHER ASSETS.
The parties hereby waive any right, title and/or
interese that they may have in any other assee owned by the other
parey or in which the other party has an interest including but not
limited to any checking accounts, savings accounts or credit union
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shares.
12. AFTER-ACOUIRED PERSONAL PROPERTY.
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all items of
personal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes, as
though he or she were not married.
13. REAL ESTATE.
The parties make the following disposition and
settlement with respect to their jointly-owned real estate:
i. On the execution date of this Agreement,
Wife shall make, execute and deliver all documents in the usual
form conveying, transferring and granting to Husband all of her
right, title and interest in and to the real estate situate at and
known as 300 North 28'" Street, Camp Hill, CUmberland County,
Pennsylvania and in consideration of said transfer, Husband shall
p~y to Wife the sum of Seventy-two thousand ($72,000.00) Dollars in
cash or by cert,ified check. The said conveyance shall be under and
subject to any existing mortgages and liens and any covenants and
restrictions of record.
ii. Husband agrees that he shall be solely
responsible for all past, present and future expenses or
liabilities associated with or attributable to maintaining the
marital residence including but not limited to all taxes, mortgage
payments, insurances. repairs and utili ties. Husband further
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agrees to indemnify Wife and to hold her harmless for any and all
liabilities in connection with said real estate.
iii. Husband warrants that there are no liens
or encumbrances against the marital residence with the exception of
the existing first mortgage held by CUNA MORTGAGE CORPORATION in
the approximate amount of Forty-Seven Thousand ($47,000.00)
Dollars. Husband further agrees to take all steps necessaxy to have
any mortgage on the property transferred into his name alone.
Until sucr. time that Wife's name is removed as a Mortgagee, Husband
shall keep and maintain an adequate amount of insurance on his life
in a face amount of not less than the then remaining mortgage
balance for so long as he owns the marital residence and a mortgage
thereon exists in the joint names of Husband and Wife.
iv. Further, Husband agrees to pay to Wife at
settlement the sum of Seven Thousand Three Hundred ($7,300.00)
Dollars in cash or by certified check representing Wife's share of
the fair market rental value of Husband's travel business office
located at the marital residence.
v. Husband acknowledges that other real estate
titled in Wife'S name is nonmarital, Wife having inherited said
real estate or having purchased said real estate subsequent to
separation.
14 . ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT.
(a) Husband agrees to pay to Wife the sum of Three
Hundred and Eighty-Five ($385.00) Dollars per month as alimony,
commencing on the first day of the month following the entry of a
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Decree in Divorce and continuing for a period of twenty-four (24)
months. Husband agrees that the amount and duration of alimony
shall not be modified for any reason and he releases any rights he
may have to seek modification with respect to the provisions of
this paragraph.
(b) Except for the provisions of this Agreement, the
parties hereby expressly waive, discharge and release any and all
rig~ts and claims which ~hey may now or hereafter have by reason of
the parties' marriage to alimony, alimony pendente lite, support or
maintenance.
The parties do hereby waive and surrender any other
rights and/or claims they may have to interim or final alimony,
alimony pendente lite and spousal support.
15. ATTORNEY'S FEES AND COSTS.
The parties do hereby waive and surrender any rights
and/or claims they may have to interim or final attorney's fees,
costs and expenses.
16. PAYMENT OF MARITAL DEBTS.
. During the course of the marriage, the parties
incurred certain bills, obligations and debts. Wife agrees to pay
to Husband the sum of S5, 650.24 as her share of marital debt.
Husband agrees that he shall be solely responsible for any marital
debt including but not limited to lines of credit, credit card
obligations, charge card obligations and any liabilities on joint
federal, state or local income tax returns heretofore or hereafter
filed jointly by the parties. Husband agrees to indemnify and hold
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Wife harmless from any claim or expense arising out of such
indebtedness. Husband shall immediately forward to Wife a copy of
any deficiency notice or other correspondence received by him from
the Internal Revenue Service or the Pennsylvania Department of
Revenue concerning tax years for which a j oint return has been
filed. Husband further agrees to take all necessary steps to have
Wif~'s name removed from any joint indebtedness.
17. ~IES TO EXISTING OBLIGATIONS.
Each party represents that he/she has not incurred
or contracted for any debt or liability for which the estate of the
other party may be liable, except as identified and provided for in
this Agreement.
Each party agrees to indemnify the other party
from and against any such debts or liabilities, including those for
necessities, except for the obligations arising out of this
Agreement.
18. ~iBS AS TO ~u~uKB OBLIGATiONS.
Husband and Wife each covenant, warrant represent
and agree that each will now and at all times hereafter save
harmless and keep the other indemnified from all debts, charges and
liabilities incurred by the other after the execution date of this
Agreement, except as may be otherwise specifically provided for by
the terms of this Agreement and that neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable.
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19. WAIVER OR MODIFICATION TO BE IN WRITIN~.
No modification or waiver of any of the terms h~reof
shall be valid unless in writing and signed by both parties and no
waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature.
20 . BRllACB .
It is express::'y stipulated that if either party
fails in the due performance of any of his or her obligations under
this Agreement, the other party shall have the right at his or her
election to sue for damages for breach thereof, to sue for specific
performance, or to seek any other legal remedies as may be
available and said other party shall have the right to recover his
or her reasonable legal fees and expenses for any services rendered
by his or her attorney.
21. MtlTtJAL COOPERATION.
Each party shall, at any time and from time to time
hereafter, take any and all steps arId execute, acknowledge and
deliver to the other party any and all further instruments and/or
documents that' the other party may reasonably require for the
purpose of giving full force and effect to the provisions of this
Agreement.
22. LAW OF PE:NNSYLVANJ:A APPLICABLE.
This Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
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23. AGREEMENT BINDING ON HEIRS.
This Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs,
executors, administrators, S\lccessors and assigns.
24. INTEGRATION.
This Agreement constitutes the entire understanding
of the parties and supersedes any and all prior Agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
25. OTHER DOCUMXNTATION.
Husband and Wife covenant and agree that they will
forthwith (and within at least ten (10) days after demand therefor)
execute any and all written inliltruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper effectuation of this
Agreement, and as their respective counsel shall mutually agree
should be so executed in order to carry out fully and effectively
the terms of this Agreement.
26. 'NO WAIVER OF DEFAULT.
This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no
way affect the right of such party hereafter to enforce the same,
nor shall the waiver of any breach of any provision hereof be
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construed as a waiver. of any subsequent default of the same or
similar nature, not shall it be construed as a waiver of strict
performance or any other obligations herein.
27. SEVERABILITY.
If ~~y term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in
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law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full force,
effect and operation. Likewise, the failure of any party to meet
her or his obligations under anyone or more of the paragraphs
herein, with the exception of the satisfaction of the conditions
precedent, shall in no way void or alter the remaining obligations
of the parties.
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28. ",",lUlINGS NOT PART OP AGREBM2NT.
Any headings preceding the text of the several
paragraphs and Subparagraphs hereof are inserted solely for
convenience of reference and shall not constitute a part of this
Agreement nor, shall they affect its meaning, construction or
effect.
IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have set their hands and seals to this
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COMMONW""J:.ALTH OF PENNSYLVANIA:
COtTNTY OFCj;h"pl1v\"" .
SS.
ON THIS, the 3L day of
before me. a Notary Public in and
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for the above County and
Commonwealth of Pennsylvania, personally appeared SHIRLEY L.
GILCHRIST, known to me to be the person whose name is subscribed to
the within Agreement and acknowledged that she executed the same
for the purposes therein contained.
official
IN WITNESS WHEREOF, I have hereunto set my hand and
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{, 'j'; '{MY ,commi$sion expires:
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My Con.,' , . ~ Oct. 10,2Oll2
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF ~~: :
SS.
ON THIS, the
s-d.
, 1999,
day of -Ll (t-
in and for e above
before
me, a Notary Public
County and
Commonwealth of Pennsylvania, personally appeared R. LAMAR
GILCHRIST, known to me 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 have hereunto set my hand and
official seal.
OJuJt ~~
No~ Public
My commission expires:
NolartaI SMI
RcIlln J. GoIham, Nealy PLClIc:
, c.tIle Sara, ~lil Clu1ly
.My CoIJmulan Expirw AftI. 17, 2lI03
"
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Dale dcfcndant's Waivcr of Notice in 03301 (c) Divorce was filed wi!h !he
Prolhonotary: Signed: May 5, 1999 Filed: May 14, 1999
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MAXINE KAY, LEWIS, ESQUIRE
Attorney I.D. #33085
1101 North Front Street
Harrisburg, PA 17102
(717 234-3136
Attorney for Plaintiff
SHIRLEY L. GILCHRIST,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. civil 1996
: f&.- 334 L
CIVIL LAW - DIVORCE
v.
R. LAMAR GILCHRIST,
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
may proceed without you, and a Decree of Divorce or Annulment may
be entered against you by the Court. A judgment may also be
entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or
other rights important to you, including custody or visitation of
your Children.
When the ground for divorce
irretrievable breakdown or the marriage, you
counseling. A list of marriage counselors
Office of the Prothonotary at:
Cumberland County Courthouse
1 Courthouse Square
Carlisle, FA 17013
is indigni ties or
may request marriage
is available in the
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR
CARLISLE, PA 17013
(717) 240-6200
MAXINE KAY LEWIS, ESQUIRE
Attorney I.D. #33085
1101 North Front street
Harrieburg, PA 17102
(717 234-3136
Attorney for Plaintiff
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SHIRLEY L. GILCHRIST,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
civil 1996
R. LAMAR GILCHRIST,
Defendant
CIVIL LAW - DIVORCE
COMPLAINT IN DIVORCE
COUNT I
Reauest for a No-fault Divorce Under ~3301(c\
of the Domestic Relations Code
1. Plaintiff is SHIRLEY L. GILCHRIST, who currently
resides at 155 C street, Carlisle, Cumberland county, Pennsylvania
17013.
2. Defendant is R. LAMAR GILCHRIST, who currently
resides at 300 N. 28th street, Camp Hill, Cumberalnd county,
Pennsylvania 17011.
3. Plaintiff and Defendant have been bona fide residents
of the Commonwealth for at least six (6) months immediately
previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November
22, 1969 at Cumberland county, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is
available and that Plaintiff may have the right to request that the
court require the parties to participate in counseling.
WHEREFORE, Plaintiff respectfully requests this Court to
enter a Decree of Divorce pursuant to 5 JJ01(c) of the Domestic
Relations Code.
COUNT II
Reauest for a Fault Divorce under
~ JJOl(al of the Domestic Relations Code
8. Plaintiff hereby incorporates Paragraphs 1 through 7
of her Complaint as if fully set forth herein.
9. Defendant has offered such indignities to Plaintiff,
the innocent and injured spouse, as to render his condition
intolerabl~ and life burdensome.
WHEREFORE, Plaintiff respectfully requests this Court to
enter a Decree of Divorce pursuant to 5 JJ01(a) of the Domestic
Relations Code.
COUNT III
Reauest for Eauitable Distribution of Marital ProDertv
Under ~J502 of the Domestic Relations Code
10. Plaintiff hereby incorporates Paragraphs 1 through
9 of her Complaint as if fully set forth herein.
11. The parties are owners of marital property subject
to equitable distribution.
12. Plaintiff requests the Court to equitably divide,
-2-
distribute or assign the marital property between the parties and
the marital debts of the parties without regard to marital
misconduct in such proportions as the Court deems just after
consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter an Order of Equitable Distribution of marital
property and marital debts pursuant to 53502 of the Domestio
Relations Code.
~OUNT IV
Reauest for Alimonv/Alimonv Pendente Lite Under ~~ 3701 & 3702
of the Domestic Relations C~
13. Plaintiff hereby incorporates Paragraphs 1 through
12 of her Complaint as if fully set forth herein.
14. Plaintiff lacks sufficient property to provide for
her reasonable needs and is unable to fully support herself through
appropriate employment.
15. Plaintiff requests the Court to enter an award of
reasonable. temporary alimony in the event the parties cannot
resolve their marital disputes so that Plaintiff may be on par with
Defendant in litigating her claims.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter an Order of temporary and final alimony in
her favor pursuant to 553701 and 3702 of the Domestic Relations
Code.
-3-
Count V
Reauest for Interim and Final Counsel Fees. Costs
and EXDenses Under ~3702 of the Domestic Relations Code
16. Plaintiff hereby incorporates Paragraphs 1 through
15 of her Complaint as if fully set forth herein.
17. Plaintiff has employed Maxine Ray Lewis, Esquire to
represent her in this matrimonial cause.
18. Plaintiff is unable to pay all the expected counsel
fees, costs and expenses in this action and avers that Defendant is
more able co pay these fees, costs and expenses.
19. Plaintiff avers that he cannot be on par with
Defendant in this litigation unless this Court orders Defendant
to pay Plaintiff's reasonable interim and final counsel fees, costs
and expenses.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter an Order directing Defendant to pay
Plaintiff's reasonable interim and final counsel fees, costs and
expenses pursuant to 53702 of the Domestic Relations Code.
COUNT vt
Reauest for Aooroval of anv Settlement Aareement
and Incorooration Thereof in Divorce Decree
20. Plaintiff hereby incorporates Paragraphs 1 through
19 of her Complaint as if fully set forth herein.
21. The public policy of the Commonwealth of
-4-
VI!:RUICATION
I hereby 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, rela~ing to unsworn falsification to authorities.
Dated:
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MAXINE KAY LEWIS, ESQUIRE
Attorney I.D. #33085
1101 North Front street
Harrisburg, PA 17102
(717) 234-3136
Attorney for plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3342
SHIRLEY L. GILCHRIST,
plaintiff
R. LAMAR GILCHRIST,
Defendant
CIVIL LAW - DIVORCE
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AFFIDAVIT OF CONSENT UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. A reinstated complaint in Divorce under section 3301
(c) of the Divorce Code was filed on September 9, 1996.
2. The marriage of plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from tho date of
filing the Complaint.
3. I consent to thB entry of final decree of divorce.
4. I understand that I may lose rights concerning
alimony, division of property, lawyers fees or expenses if I do not
olaim them before a divorce is granted.
I verifY that the statements made in this Affidavit are
true ~nd correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. S 4904 relating to
unsworn falsification to
DATE: /Jl/JV 3. IfCj<j
,
authorities.
, ,~lu:L( r;""
SHIRLEY ~
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MAXINE KAY LEWIS, ESQUIRE
Attorney 1.0. 133085
1101 North Front street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
SHIRLEY L. GILCHRIST
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3342
v.
R. LAMAR GILCHR!ST,
Defendant
CIVIL LAW - DIVORCE
WAIVBR O~ ROTICB O~ IHTBKTION
TO RBQUBST BHTRY OF A DIVORCB DBCRBB
UNDER ~33011CI O~ THE DIVORCE COOB
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. 54904 relating to
unsworn falsification to
Date: /lJ;:;.y' 3, ;r; (/'1
authorities. , ,_
By: <:~IL t: 1.l. >\;,f. jJ~~.d l ~r
SHIRLEY L. ,GILCHRIST, Plaintiff
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MAXINE KAY LEWIS, ESQUIRE
Attorney I.D. #33085
1101 North Front street
Harrisburg, PA 17102
(717) 234-3136
Attorney tor Plaintitt
SHIRLEY L. GILCHRIST,
Plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 96-3342
I
v.
R. LAMAR GILCHRIST,
Detendant
: CIVIL LAW - DIVORCE
AFFIDAVIT OF CONSENT UNDER SECTION 3301 lcl
OF THE DIVORCE CODE
1. A reinstated complaint in Divorce under Section
3301 (c) of the Divorce Code was filed on September 9, 1996.
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 final decree of divorce.
4. 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 this Affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. S 4904 relating to
unsworn falsification to authorities.
DATE:
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R. LAMAR GILCHRIST, Defendant
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MAXINE KAY LEWIS, ESQUIRE
Attorney I.D. #33085
1101 North Front street
Harrisburg, PA 17102
(717) 234-3136
Attorney tor plaintitt
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3342
SHIRLEY L. GILCHRIST,
plaintitt
R. LAMAR GILCHRIST,
Detendant
.
.
: CIVIL LAW - DIVORCE
WAIVIR 01' !lOTICI 01' IIlTBNTIO!l
TO RIQDIST INTRY 01' A DIVORCI DICRII
UNDER 13301(C) 01' THE DI70RCI CODE
1. I consent to the entry or a final decree of divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer'S fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. S4904 relating to
Date:
..;/ .,,-j '1 'I
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authorities.
By: II Jd,,,,,,./gi(k~I~~
R. LAHAR GILCHRIST, Defendant
unsworn falsification to
SHIRLEY L. GILCHRIST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
va.
R. LAMAR GILCHRIST,
Defendant
CIVIL ACTION - LAW
NO. 96 - 3342 CIVIL
19
IN DIVORCE
STATUS SHEET
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OFFICE OF DIVORCE MASTER
CL:MBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreel
Carlisle, PA 17013
(717) 240.6535
I. Robert IlIcker, II
Divorce Malter
Tracl 010 Colver
Office ManagertReporter
We.' Shore
697.0371 Exl. 6535
September 21, 1998
Maxine Kay Lewis
Attorney at Law
1101 North Front street
HarriSburg, PA 17102
Maria P. Cognatti
Attorney at Law
P.O. Box 689
HarriSburg, PA 17108-0689
RE: Shirley L. Gilchrist vs. R. Lamar Gilchrist
No. 96 - 3342 Civil
In Divorce
Dear Ms. Lewis and Ms. Cognetti:
By order of Court of President Judge George E. Hoffer
dated September 14, 1998, the full-time Master has been
appointed in the above referenced divorce proceedings.
A divorce complaint was filed on June 13, 1996, raising
grounds for divorce of irretrievable breakdown of the marriage
and indignities. I am going to proceed on the basis that the
parties will sign affidavits of consent and that the divorce can
be concluded under Section 3301(c) of the Domestic Relations
Code. If my assumption is not correct and the parties will not
both consent to the divorce and have not been separated for a
period in excess of two years, please advise and I will
immediately schedule a hearing on the grounds of indignities.
The complaint raised the economic claims of equitable
dlstribution, alimony, alimony pendente lite, and counsel fees
and expenses. Assuming that grounds for divorce are not an
issue and we do not need to schedule a hearing on the grounds of
indignities, I am directing each counsel to file a pre-trial
statement in accordance with P.R.C.P. 1920.33(b) on or before
Monday, October 12, 1995. Upon receipt of the pre-trial
statements, I will immediately schedule a pre-hearing conference
.
.
SHIRLEY L. GILCHRIST, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION - LAW
:
: NO. 96 - 3342 CIVIL
R. LAHAR GILCHRIST, :
Defendant : IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Maxine Kay Lewis
Maria P. Cognetti
, Counsel for Plaintiff
, 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 10th day of February, 1999, at 9:30 a.m.,
at which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 11/20/98
E. Robert Elicker, II
Divorce Master
GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
Bndlcy L Grifllc
KriJtca Goddard Donleft
200 /'Iordll_....._
CutloIo, PA 17013
(717) 24US51
1(100) U7.SW
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April 23, 1999
31/'1__"_
u-..n..... PA 17201
(717) 267.1J!l0
AopIJlol eo.-
E. Robert Elicker, II,
Master In Divorce
9 North Hanover Street
Carlisle. PA 17013
RE: Gilchrist vs. Gilchrist
No, 96.3342 Civil
Dear Mr. Elicker:
As a settlement in the above captioned case is imminent, we respectfully request
that the pre-hearing conference scheduled for Monday, April 26, be rescheduled to a later
date. I have confirmed that Attorney Lewis consents to this continuance,
The parties will be participating in a four-party conference on May 6 to sign an
Agreement and conclude this case. We will provide you with two copies of the
Agreement once it has been executed.
Please advise if you need further information to continue the conference or if you
require additional documentation to reflect a settlement.
Your attention is appreciate.
Very truly yours,
/~~611~f~it'(''-
Robin J. Goshorn
cc: R Lamar Gilchrist
Maxine K, Lewis, Esquire (via facsimile)
Law Office
MAXINE K;4 Y LEWIS
1101 Nol1b Front Strut
Harrbbul'Jl, PA 17102
Tel: 717-234-3136
Fall 717-234-8188
orCOlllllel
Robert W. OreenOeld
1981-1997
February 25, 1999
E. Robert Elicker II, Esquire
Divorce Master
9 North Hanover St
Carlisle, PA 17013
Re: Gilchrist v Gilchrist
No. 96-3342
Dear Mr. Elicker:
This letter is to continn my telephone conversations with you regarding the
scheduling of a pre-trial conference in the Gilchrist divorce case.
I am requesting that the pre-trial conference be scheduled as soon as possible and
you indicated that If presented with Stipulations you could accommodate us, possibly In March.
Otherwise, the first date you had available was April 16, 1999. I would like to have that date
reserved in the event I am unable to present you with such Stipulations.
Thank you for your attention to this request.
ct'
MKUabh
Sincerely,
dilL<;:lLC
MAXINE KAY LEWIS
~
pc: B.L. Grim, Esquire
Ms. ShIrley Gilchrist
With all of this in mind, I suggested to opposing counsel that we continue the pre-triRl
conference scheduled for Wednesday, February 10, 1999 at 9:30 a,m, While she is not absolutely
opposed to the continuance, she has indicated that the continuance cannot be for an extended
period of time.
In my conversation with you, I became aware that apparently, right now, you are not
scheduling additional matters but, rather, awaiting the retum of your secretary from maternity
leave to have additional matters scheduled. However, you, of course, are aware, as the days go
by, wilen parties have settled or for some other reason have requested that matters be continued
or removed from your docket, It is my understanding that you will keep our case in the forefront
of rescheduling when you have a cancellation that allows for the case to be inserted into a
morning or afternoon pre-trial conference time slot.
It is my understanding that you expect we will actively pursue our negotiations and
actively pursue the preparation of the previously referenced extensive stipulations so that if you
call us and providr. us with a time and date with minimal notice, we will be prepared to be present
and actively pursue the pre-trial conference,
This correspondence is being forwarded to you at your request. It is my understanding
that you are going to discuss this matter with opposing counsel and determine how to proceed. I
appreciate your attention in this matter and look forward to a prompt response.
BLG/klg
cc: Maxine Lewis, Esquire
Lamar Gilchrist
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(117) JI7.I'"
IloJIIlo' QdoIo
E. Robert Elicker, II, Eequlre
OfIIce of Divorce Muter
S> North Hanover St.
Carlisle, PA 17013
,
RE: Gilchrist v. GIlchrist
No. 96.3342
VIA FACSIMn.E AND 11.5. MAIL
Dear Mr. Elicker:
Pursuant to our brief telephone conversation, I write to adYl.. you that I haye asmmed
responsibility for representation of R. Lamar Gitchrllt in the above-captloned action. !
In revlewlns this somewhat extensive file, It appears to mo that this case w'i' extremely
cloSe to ..tdement via Desotlatlons oCthe parties and COUIIHI. I am In tho procca. ot';provldlns I
comprehensive reapon.. to opposillJ counJd to a proposal that had brouJht tho partI, vtI)' dose
toaether. Our hope Is that this will resolve the case.
In the alternative, I hAve SUS801tod to oppollng counsel In I telephone convetlallon thet If
we cannot resotvo this matter In Its entirety, eortalnly there are extensive stlpuJatlons'that ahould
be able to be aareed upon by the partl". My review of tho flIe IUSS":' that nearly! evory auet
can be specltled and It. value 191'eed upon through a stipulation.
,
However, at this point, there Is no way that I can be completely ready fo~ a pre.trial
COnfomleo on February 1011I and there cenalnly is no way that I can prepare t~e extensive
stipulations that 1 believe can be prepared and agreed upon In thi. caao. I bave a\JSSllted to
opposlna counHl that If WI cancontlnu. the pre-trial conference, sbe and I should be able to
dlacuu thI. matter In more detail and poulbly reach a comprehensive asreoment, ti'" IVoidlns
the need for any pre-trial conference.
In the alternative. I have suggested that if we cannot reach a final agreement, ~e certainly
can detail extensive stipul.tions that will not only save tremendous time in the pre-trla1 conferoneo
but, also, save tremendou. time In any pro.JlO(1t1ve Master's hearing.
M an additional point, it i. my understanding that opposing counsel Is atlll .ei:urIns some
evaluation of assots which has not yet been completed. .
~'d Bp~pZ
01
S31I;jJXlSStl '8 31:W~ WO~:I WdlplZ0 666l-S0-~
SHIRLEY L. GILCHRIST,
Plaintiff
1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 3342
.
.
VS.
CIVIL ACTION - LAW
R. LAMAR GILCHRIST,
Defendant
.
.
IN DIVORCE
ORDER AND NOTICE SET'rING HEARING
TO: Shirley L. Gilchrist Plaintiff
,
Maxine Kay Lewis , Counsel for Plaintiff
R. Lamar Gilchris t Defendant
,
Maria P. Cognetti , Counsel for Defendant
You are direoted to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9
Hanover Street, Carlisle, Pennsylvania on the
of , 1999, at
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
a.m., at
North
day
which
By t e
President Judge
Date of Order and
Notice:
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY DAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 170]3
TELEPHONE (717) 249-3166
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LAw OFFICES
MAXINE KA y LEWIS
1101 NOMTII FWNl' SIMEIi r
IIAMMISIIUMlI, PA 17102
fHHllUNEo( 717) 234.3116
'Axo(71?) 234.82K8
October 12, 1998
Of't'IH'NUl
MOIIII'W O......mll.o
IVU.11N1
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
Cumberland County
Court of Common Pleas
9 North Hanover Street
Carlisle, PA 17013
RE: Shirley L. Gilchrist vs. R, Lamar Gilchrist
No. 96.3342 Civil
In Divorce
Dear Mr. Elicker:
This leller Is to conlinn the conversation my secretary had with Traci Jo Colyer,
your Office ManagerlReporter this date,
I am requesting that the direction in your leller of September 21, 1998 bll amended
so that counsel for both parties are given an opportunity to reach a selllement. Counsel have
agreed that they willlile the pre-trial statements, if necessary, on or before October 30, 1998.
Thank you for your kind allention and cooperation.
MKUabh
Sincerely,
~~~
MAXINE KAY LEWIS
pc; Maria P. Cognelli, Esquire
Ms, Shirley L.Gilchrist
SHIRLEY L. GILCHRIST
Plaintiff
vs.
R. LAMAR GILCHRIST
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-3342
MOTION FOR APPOINTMENT OF MASTER
SHIRLEY L, GILCHRIST Plaintiff,
following claims:
(x)
( )
(x)
(x)
moves the court to appoint a master with respect to the
Divorce
Annulment
Alimony
Alimony Pendente Lite
( x)
( )
(x)
(x)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(I) Discovery is complete as to the claims for which the appointment of a
master is requested.
(2) The defendant has appeared in the action by his attorney,
Maria P. Cognelti, Esquire.
(3) The statutory grounds for divorce are 3301 (C) 3301 (A) (6), Counsel
expects Stipulation to add 3301 (D)
(4) Delete the inapplicable paragraph:
b. An agreement has been reached with respect to the following
claims: None at date of Motion.
(5) The action involves complex issues oflaw or fact.
(6) The hearing is expected to take 1 - 2 days.
(7) Additional information, if any, relevant to the mo ion: NO ,
Date: 9'11 0 II g"
Maxine Kay Lewis, squire,
Attorney for PI intiff
ORDER APPOINTING MASTER
AND NOW, 1. . ~ I Lj 998, f. p./..uf.U,bhG ;!1:Esquire, is
appointed master wi h r spect to the folr~wing claims: ~
J.
MAXINE KAY LEWIS, ESQUIRE
Attorney I.D. #33085
1101 North Front street
Harrisburg, PA 17102
(717 234-3136
Attorney for Plaintiff
SHIRLEY L. GILCHRIST,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3342 civil
R. LAMAR GILCHRIST,
Defendant
CIVIL LAW - DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please reinstate the Complaint in the above-captioned action.
DATE: -3/~1C{h
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rMR 1 0 1997 tf
SHIRLEY L. GILCHRIST
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3342
R. LAMAR GILCHRIST
Defendant
l CIVIL LAW - DIVORCE
ORDER OF COURT AND RULE
AND NOW,
this
111':'
day of March, 1997, upon
consideration of the attached Motion To Compel Defendant to file
Income Tax Returna for years 1993, 1994, and 1995 by a date
certain, a RULE is hereby issued upon Defendant to show cause why
he should not be ordered to file past due income tax returns by May
1, 1997 or be held in contempt by this Court and why he should not
be responsible for reasonable attorney's fees associated with the
attached Motion.
RULE RETURNABLE 20 DAYS OF SERVICE.
BY THE COURTl
J-
J.
,
SHIRLEY L. GILCHRIST
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBER~~D COUNTY, PENNSYLVANIA
vs.
NO. 96-3342
R. LAMAR GILCHRIST
Defendant
CIVIL LAW - DIVORCE
ORDER OF COURT AND RULE
AND NOW,
this
day of March, 1997, upon
consideration of the attached Motiun To Compel Defendant to file
Income Tax Returns for years 1993, 1994, and 1995 by a date
certain, a RULE is hereby issued upon Defendant to show cause why
he should not be ordered to file past due income tax returns by May
1, 1997 or be held in contempt by this Court and why he should not
be responsible for reasonable attorney's fees associated with the
attached Motion.
HEARING on the RULE is scheduled for the
day of
, 1997 at
.m., Courtroom No.
Cumberland County Courthouse,
Pennsylvania.
Courthouse Square,
Carlisle,
BY THE COURT:
J.
SHIRLEY L. GILCHRIST
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-3342
vs.
R. LAMAR GILCHRIST
Defendant
CIVIL LAW - DIVORCE
ORDER OF COURT
AND NOW, this
day of
1997, upon
consideration of the attached Motion To Compel Defendant to file
Income Tax Returns for years 1993, 1994, and 1995 by a date certain
and upon consideration of the Answer filed to said Motion and/or
after hearing, DEFENDANT R. LAMAR GILCHRIST IS HEREBY ORDERED to
file all past due income tax returns within
days of the date
of this Order and to provide proof to Plaintiff's counsel that he
is in compliance with this Order.
Defendant shall pay the amount of $
reasonable counsel fees to Plaintiff's attorney.
BY THE COURT:
J.
as
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3342
SHIRLEY L. GILCHRIST
plaintiff
R. LAMAR GILCHRIST
Defendant
CIVIL LAW - DIVORCE
MOTION TO COMPEL DEPENDANT TO PILE INCOME TAX RETURNS
AND NOW, comes Plaintiff, SHIRLEY L. GILCHRIST, by her
attorney, MAXINE KAY LEWIS, who moves this Honorable Court to
compel Defendant to File Income Tax Returns and, in support
thereof, avers as follows:
1. A Complaint in Divorce was filed to the above-caption
in June, 1996.
2. In Count III of said Complaint, plaintiff requests
the Court to, inter alia, equitably divide, distribute or assign
the marital property.
3. The parties were married November 22, 1969 and
separated on or about December 31, 1995.
4. A significant part of the marital estate is a
customized tour business known as Customized Tours by Gilchrist.
5. The offices of Customized Tours by Gilchrist operate
out of the marital home which Plaintiff left in December 1995.
6. The parties have not filed income tax returns for
years 1993, 1994 and 1995 (the 1992 tax returns were not filed
until 1996).
7. It is Defendant who in past years had gathered the
information and documents needed by the accountant to prepare the
tax returns; it is Defendant who has custody and control of the
information and documents need by the accountant to prepare the tax
returns which are due.
8. Beginning by letter to Defendant's counsel dated June
10, 1996, counsel for Plaintiff requested that Defendant give his
accountant whatever documents were needed to file all tax returns
which were overdue. Additional written requests were sent
September 5, 1996, September 27, 1996, October 9, 1996, October 28,
1996 and January 27, 1997. There were additional telephone
requests to counsel and to Defendant's accountant (who will no
longer take Plaintiff's counsel's telephone calls).
9. The business cannot be valued by Plaintiff's expert
(and consequently plaintiff cannot proceed with this litigation)
until the tax returns are filed and the income and expenses of the
business are known.
10. The amount of information needed by an expert to value
the business over a three year period is too extensive to be
obtained through interrogatories prorounded to Defendant.
11. Plaintiff has incurre,j counsel fees in excess of
$300.00 related to this Motion.
WHEREFORE, Plaintiff respi'lctfully .,:equests that this
Honorable Court enter an order as follows:
1. that Defendant provide his accountant with all
infol'matioll and documents needed to prepare the parties' 1993. 1994
and 1995 tax returns by April 15, 1997;
2. that Defendant take whatever steps are necessary
to see that the past due returns are filed no later than May 1,
1997;
3. that Defendant pay to Plaintiff's counsel all
fees incurred by Plaintiff associated with this Motion;
4. for such other and further relief as this
Honorable Court deems just.
Respectfully submitted,
Dated: 'J,/d'l7
_~-lV.( IMv (~, ~A____
Maxine Kay Lew's, Esquire
Attorney for Plaintiff
I.D. # 33085
1101 North Front Street
Harrisburg, PA 17102
.. _,' ......"':.o(f
.
VERIPICATION BY COUNSEL
I am the attorney of record for the Plaintiff.
I verify that the statements made in this Motion are true
and correct to the best of my knowledge, information and belief
based upon my personal knowledge and conversations with Plaintiff,
Defendant's counsel, and the parties' accountant.
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:
3j,j/17
tU. "'VLt.
MAXINE KAY LE
Attorney for
.
Certificate of Service
I hereby certify that I have mailed a true and
correct copy of the within Motion to counsel for Defendant on the
date given below by U.S. Mail, postage prepaid at Harrisburg,
Pennsylvania addressed to:
Maria P. Cognetti, Esquire
200 N. 3rd Street, 12th Floor
P.O. Box 689
Harrisburg, PA 17108
Dated: '3/197
ktG~-~~ --e
Maxine Kay Le is, Esquire
Attorney for Plaintiff
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, ,\WINbOWI\WPWIN6O\PLBAUINU.c:iIU'IIRJI ANI
SHIRLEY L, GILCHRIST
PlaintUT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
NO, 96-3342
R, LAMAR GILCHRIST
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURl:
AND NOW, to wit, this
day of
,1997, lIpon consideration
ofPlaintitl's Motion to Compel Defendant to File Income Tax Returns and Defendant's
Answer thereto, Plaintitl's request is hereby denied,
BY THE COURT:
J,
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)m19?
SHIRLEY L. GILCHRIST
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
NO. 96-3342
R. LAMAR GILCHRIST
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ANSWER TO MOTION TO COMPEL
DEFENDANT TO FILF. INCOME TAX RETURNS
AND NOW, cornes the Defendant, R, Lamar Gilchrist, by his Attorney, Maria p,
cognetti, Esquire, and files the following Answer to Motion to Compel Defendant to File
Incorne Tax Returns and in support thereof avers as follows:
I. Adrnitted,
2, Admitted.
3, Adrnitted,
4, Denied. It is specifically denied that a significant part ofthe marital estate
is a eustornized tour business known as Customized Tours by Gilchrist.
5, Admitted.
6, Admitted,
7. Admitted.
, IWINOnWIIWPWINbO'J'U!AOIN(j\(/IIHIJUS ANI
1111.....,
8, Admitted with clarification. While it is admitted that Plaintitl's counsel has
made nurnerous requests that tilt: incorne tax returns be filed, it should be noted that the
parties only separatcd in Decernber of 1995, Two of the tax returns in question are for tax
years prior to the parties' separation. Plaintiff had no concern about the filing status of
these returns when the partics were togcther, She would now like the Court to believe
that this is a stall tactic on the Defendant's part to prolong this litigation which is not the
case, Defendant has been rnaking diligent efforts to work with the accountant in
accornplishing the completion of the tax returns for the tax years in question,
9, Denied, It is specifically denied that the business cannot be valued by
Plaintitl's expert and consequently Plaintiff cannot proceed with the litigation ofthis
rnatter until the tax returns are filed and the income and expenses ofthe business are
known. Plaintiff can, ifshe so desires, obtain the information necessary by rneans other
than the incorne tax returns in question,
10. Denied, It is specifically denied that the arnount ofinforrnation needed by
an expert to value the business over a three-year period is too extensive to be obtained
through interrogatories propounded to Delcndant.
2
, IWINOOWIIWPWIN.1W't.llA01N(.i\(,II.I'II,,11 AN'
JlJII'n
\\, Defendant is without knowledge or information sufficient to lorm a belief
as to the truth of the averment and strict proof thereof, ifrelevant, is dcmanded at the tirne
of trial.
WHEREFORE, Defendant respectfully requests that this Honorable Court deny
Plaintitl's Motion to Cornpel the tiling of incomc tux returns lor tax years 1993, 1994, und
1995, and deny PlaintifCs request lor counsel fees,
Respectlully Subrnitted,
Dated: March 21, 1997
Maria p, gnetti, quire
Sup, Ct. J.D, #27914
200 North Third Street
Twelfth Floor
P,O, Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
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, IWINOOWs\WPWIN6O\PLEADINeJ\G1U'llRIS ANS
SHIRLEY L. GILCHRIST
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
VS,
NO, 96-3342
R, LAMAR GILCHRIST
Defcndant
CIVIL ACTION - LA W
IN DIVORCE
ANSWER TO MOTION TO COMPEL
DEFENDANT TO FILE INCOME TAX RETURN~
AND NOW, comes the Defendant, R. Lamar Gilchrist, by his Attorncy, Murlu 1'.
Cognetti, Esquire, and tiles the following Answer to Motion to Compcl Dcfcndunt 10 Fllc
Incorne Tax Returns and in support thereof avers as follows:
I, Adrnitted,
2, Admitted,
3, Admitted.
4, Denied, It is specifically denicd that u significant part Oflhc l11url1ul cslulc
is II custornizcd lour busincss known as Customizcd Tours hy Gilchrist,
5. Admitted,
6. Admitted,
7, Admittcd,
11111'17
f \WINIKIWS\WrWIN6CN'LI!ADINej\(j\I,r1IRIS ioNS
"11~1
8, Admitted with clarification, While it is admitted that P1aintifCs counsel has
made nurnerous requests that the incorne tax rcturns be tiled, it should be noted that the
parties only separatcd in Deccmber of 1995, Two of the tax returns in question are for tax
years prior to the parties' separation. Plaintiff had no conccrn about thc filing status of
thcse returns when the partics were together, She would now like thc Court to belicvc
that this is a stall tactic on the Defendant's part to prolong this litigation which is not the
casc, Defendant has becn making diligent efforts to work with the accountant in
accomplishing the completion oCthe tax rcturns for the tax years in qucstion,
9. Denicd, It is specifically denicd that thc busincss cannot be valued by
Plaintitl's expert and consequently Plaintiff cannot proceed with the litigation of this
matter until the tax returns arc tilcd and the income and expenses of the business are
known. Plaintiff can, ifshe so desires, obtain the information necessary by means other
than the income tax returns in question,
10. Denied. It is specifically denied that the amount of inform uti on needed by
an cxpert to value the business ovcr a thrce-year period is too extensive to be obtained
through interrogatories propounded to Defendant.
2
f \WINOOW5\WPWIN6CJ\J>UADIN(,I(illnl"15 A~"
\IJIN'
11. Delendant is without imowlcdge or infimllution sufficient 10 forrn a belief'
as to the truth of the averment und slrict proofthcreol: ifrelevunt, is demanded at the timc
of trial.
WHEREFORE, Defendant respeclfltlly requests thut Ihis Ilonornble Court deny
Plaintiff's Motion to Compel thc filing of' income tax returns for tax years 1993, 1994, und
1995, and dcny Plaintif'rs rcquest for counsel lees,
Rcspeclfillly Submitted,
Dated: March 21, 1997
Maria P. gnctti, :. quire
Sup, Ct.J.D, #27914
200 North Third Street
Twelfth Floor
P,O, Box 689
J-1urrisburg, PA 17108-0689
(717) 232-2103
3
f' IWINOOWS\WPWIN6CrIPtEAUIN{j'.CiII,nUU$ ANi
SHIRLEY L. GILCHRIST
PlaintifT
IN THE COURT OF COMMON PLEAS
CUM13ERLAND COUNTY, PENNSYL VANIA
VS,
NO, 96-3342
R. LAMAR GILCHRIST
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ANSWER TO MOTION TO COMPEL
DEFENDANT TO FILE INCOME TAX RETURNS
AND NOW, r;ornes the Defendant. R, Lamar Gilchrist, by his Attorney, Maria p,
Cognetti, Esquire. and files the following Answer to Motion to Compcl Defendant to File
Income Tax Returns and in support thercofavers as follows:
I, Admitted,
2. Adrnitted,
3, Adrnittcd,
4. Denied. It is specifically denicd that a significant part of the rnarital cstate
is a custornized tour busincss known ns Custornizcd Tours by Gilchrist.
5, Admittcd.
6, Admitted,
7, Admittcd,
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8, Admitted with clarification, While it is adrnilled that Plaintiff's counsel has
made nurner0US requests that the income tax returns be tiled, it should be noted that the
parties only separlltcd in December of 1995. Two of the tax returns in question are for tux
years prior to the parties' sepllnltion, PllIintiffhad no concern about the filing status of
these returns when the pllrties were together, She would now like the Court to believe
that this is a stall tactic on the Defendant's part to prolong this litigation which is not the
case, Defendant hlls been rnaking diligent efforts to work with the accountant in
accornplishing the completion of the tax returns for the tax years in question,
9, Denied, It is specificlllly denied thllt the business cannot be valued by
Plaintitl's expert and consequently Plaintiff cannot proceed with the litigation of this
matter until the tax returns lire tiled and the incorne and expenses of the business are
known, PlaintilTcan. ifshe so desires, obtain the inlbrmation necessary by means other
than the income tax returns in question,
10, Denied, It is specifically denied that the amount ofinlbrmation needed by
an expert to value the business over a three-year period is too extensive to be obtained
through interrogatories propounded to Defendant.
2
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SHIRLEY L, GILCHRIST,
Plnlntiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVtL ACfION . DIVORCE
vs.
R. LAMAR GILCHRIST,
Defcndnnt
96.3342 CIVIL TERM
IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO FILE
INCOME TAX RETURNS
ORDER
AND NOW, this
J? .
dny of April, 1997, nrgument on the pllllntifrs motion
to compel is set for Thursdny, MlIY I, 1997, lit 2:30 p,m, In Courtroom Numher 4, Cumberlnnd
County Courtho(lse, Cnrlisle, PA,
BY THE COURT,
Mnxlne Kny Lewis, Esquire
For the Plnintiff ~~ ~
Mnrln P. Cognetti, Esquirc I{/Ii'/~
For the Defendllnt
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-3342
SHIRLEY L, GILCHRIST
Plaintiff
R. LAMAR GILCHRIST
Defendant
CIVIL LAW - DIVORCE
ORDER OP COURT
AND NOW, this
70'
day of
fI,. ,."
1997, upon
consideration of the Motion To Compel Defendant to file Income Tax
Returns for years 1993, 1994, and 1995 by a date certain and upon
consideration of the Stipulation by the parties' counsel, DEFENDANT
R, LAMAR GILCHRIST IS HEREBY ORDERED to file past due income tax
returns for years 1993, 1994 and 1995 by June 1, 1997 and to
provide proof to Plaintiff's counsel that he is in compliance with
this Order.
BY THE COURT:
'/1IL
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I I" TIll COURT 01" COIOCO" Pr.IIA'
I CVIIaDLIUIP C'OUlft'Y, PJnIII. nVAH I A
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'HtRLIY ~, GJLCHaI.T
.JalntUI
~. LAKAa GILCKAIIT
Perell4lnt
CIVIL LAW - DIVOACI
nUULatZOll
NAXlIu: MY LZlfIl. IIQtlIIlI, Attornay for thl 1'1dnt1tl, lIHIRLIY
L. GILCKllrIT, and HARIA P. COGNITTJ, ISQUIRE, Attorney for the
oalendant, II. LAllA!! QJLClIRIIT, lIenby aUpulate to the entry or the
followln; Order of Court I
Oltandant II. LAMAII GILCKIIIIT i. h.rebf orderad to fll1 Inco.a
Tall Return. lor Y"I" un, 1114, 19111 by Jun. 1, 1997 and to
provide prOOf to tha Plaintiff" coun..l that he 1. in co'pllance
wltn the 'laintiff'. Ordal'.
tthw~~~ ~.;"_',
KAlI.1 lAY LlMJ8
AttorNr fol'
'hlrter L. allo~i.t
Pated I tJ /).. 'I J '17
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Attol'n.y rol'
II. 1A_1''1%~Oh,l.t
Dataell ~ /97
.
~ JUN I , '990
SHIRLEY L. GILCHRIST,
Plaintiff.
IN THE COURT OF COMMON PLEAS
CUMBERl.AND COUNTY . PENNSYLVANIA
v,
No, 96-3342
R, LAMAR GILCHRIST.
Defendant
CIVIL LAW. Divorce
ORDER OF COURT AND RULE
AND NOW, this o? 9~ day of c:k-?UL.. . 1998, upon
consideration of the attached Petition for Contempt and for {ward of Sanctions for Defendant's
failure to file Income Tax Returns for years 1993, 1994, and 1995 by a date certain, a Rule is
hereby issued upon Defendant to Show Cause why he should not be found in Contempt of this
Honorable Court's Order and why he should not be responsible for reasonable attorney's fees
associated with the attached motion,
HEARING on the RULE is scheduled for the / .it:~ day of QU4tl <Je.
1998 at 9; 30 lj ,m,. Courtroom No, y , Cumberland County Courthousef'
Courthouse Square. Carlisle Pennsylvania,
BY THE COURT:
SHIRLEY L, GILCHRIST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 96-3342
vs,
R, LAMAR GILCHRIST,
Defendant
: CIVIL ACTION - LA W
: IN DIVORCE
ORDER
AND NOW, this _ day of , 1998, upon consideration of Plaintifl's Petition
for Contempt and for Award of Sanctions and Motion to Compel Discovery and after a hearing
and/or conference held thereon, it is hereby ORDERED and DECREED as follows:
I. Defendant is held in contempt of this Court,
2, Defendant shall file final lax retums for the years 1993, 1994, 1995 and 1996 and
shall serve copies of such returns upon Plaintiffs counsel by
3. Defendant shall pay to Maxine K, Lewis, Esquire, attorney for Plaintiff, the sum
of $ , as proven at the hearing/conference on this Petition and Motion to be reasonable
attomeys' fees incurred by Plaintiff in her attempts to obtain the above-referenced lax returns,
including the preparation and argument of this Petition and Motion to Cornpel Discovery and the
prior Motion to Compel Discovery, Payment of this amount by Defendant shall be made within five
(5) days after service of this Order by the Court.
BY THE COURT:
KEVIN A, HESS, },
..
MAXINE KAY LEWIS, ESQUIRE
Attorney 1.0, No, 33085
110 1 North Front Street
Harrisburg, PA 17102
(717) 234.3136
Attorney for PlaintilT
SHIRLEY L, GILCHRIST,
PlaintilT
vs,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 96-3342
R. LAMAR GlLCHRlST,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR CONTEMPT AND FOR A WARD OF SANCTIONS
and MOTION TO COMPEL D1ScOVFJ!X
AND NOW, comcs Plaintiff, SHIRLEY L. GlLCHRlST, by hcr attorney,
MAXINE KAY LEWIS, and in support of this Petition and Motion avers as follows:
PETITION FOR CONTEMPT AND FOR A WARD OF SANCTIONS
I, Plaintill's counscl filcd a Motion to Compel Defendant To File Income Tax
Rcturns in March, 1997 for the tax years 1993, 1994 and 1995,
2, On April 30, 1997, aftcr Stipulation ot'counscl, the 1I0norable Kevin A. lIess
Ordered Dcfendantto filc lhe above tax retUnlS by June I, 1997 ( the Order of Court Is attached
as "Exhibit A"),
3, Defendant represented that he had filed the subject tux relurns and forwarded
copies to Plalnlill's counsel on or before June 1,1997, 1I0wever, early in 1998,Plainlill's
counselleanlcd lhal all of Ihl'sC retUnlS are being amended.
4, Plalntill's counsel has made numerous elTorts to lry to obtain copies oflhe final
tux documenls so that Detendant's business may be valued, permitting this case to proceed before
the Master.
5. Defendant's counsel has repeatedly informed Plainlitl's counsel that the
amended returns would be forthcoming, but the various dates given by Defendanl's counsel for
lhe amended filings have conlinued to be pushed back as each month pusses.
6, Plaintiff's counsel has received a copy of a letter dated June I, 1998 from
Defendant's Accountant to Defendant's Attorney's office, This letter states that the Tux Returns
will be completed by July 31, 1998, The completion date is contingent upon Defendant's ability
to provide the Accountants with "all the information necessary," A true and correct copy of this
letter is attached hereto, and marked "Exhibit B,"
7, As the final returns for tux years 1993, 1994 and 1995 have never been filed,
Defendant is in contempt of this Honorable Court's April 30, 1997 Order,
8. PlaintilThas incurred, and will further incur, attorney's fees in the approximate
amount of $800,00 (proof and final fee balance to be provided at hearing) for which Defendant
should be responsible due to his refusal to rcspond to this Court's Order, including the
2
preparation and arguing of this Petition, the preparation of the eurlier Motion to Compel, as well
as numerous repeated allempts to obtain the subject tax returns.
WHEREFORE, PlailltilTrequests the following relief:
1) that this Honorable Courtlind Defendant in contempt;
2) that this Honorable Court Order Defendant to tile tax returns by a date certain
and to serve copies of these returns upon Plaintiffs counsel;
3) that Defendant pay Plaintitl's counsel fees as described above and as proven at
the upcoming heuring/conference; and
4) grant such other relief as this Court deems just and appropriate.
MOTION TO COMPEL DISCOVERY
I, Plaintiffs counsel tiled a Request for Production of Documents on March 9,
1998, including a request for Defendant's 1996 tax returns,
2. Defendant responded (the responses and not veri lied or dated) stating that the
1996 returns were not complete,
3, Despite repeated allempts at obtaining the 1996 tax returns, as of the date of
the tiling of this Motion, Defendant has yet to forward a copy of such returns to Plaintiffs
counsel,
4, Defendant has willfully disregarded his obligation to provide answers to
discovery pursuant to the Pennsylvania Rules of Civil Procedure. Thus, sanctions arc appropriate
3
In this casc.
5. The purpose of l'a,R,C,P. 4019, which gives this Court the power to award
sanctions, "Is to ensure adequate and prompt discovery of matters allowed by the rules of civil
procedure,.." Poulos v. Com.. Dent, of Transnorlation, 133 Pa,Commw, 322, _, 575 A,2d 967,
969 (1990).
6, Defendant's refusal to provide the subJect tax return (or to tile the return in the
first Instance) frustrates this purposc and is frivolous, arbitrary and dilatory,
7. In the preparation and arguing of this Motion, Plaintiffs have incurred, and will
further Incur, attorneys' fees for which Defendant should be responsible due to his refusal to
answer the Interrogatories.
8, As a sanction for Defendant's unreasonable and unjustifiable conduct, and
pursuant to Pa.R,C.P, 4019(a)(I)(i), Defendant should be ordered to pay Plaintiffs' reasonable
allorneys' fees incurred in preparing and arguing this Motion.
9, In the alternative, Plaintiffs are entitled to recover their allorneys' fees incurred
in the preparation and arguing of this Motion from Defendant pursuant to 42 Pa,C,S,A. g2503,
which allows the awarding of allomeys' fees against a party for "dilatory, obdurate or vexatious
conduct during the pendency of a mailer." g 2503(6) and (7),
10, Plaintiffs are represented by MAXINE KAY LEWIS, ESQUIRE, 110 I North
Front Street, Harrisburg, PA 17102, Ms, Lewis's telephone number is (717) 234-3136.
11. Defendant is represented by MARIA p, COGNETTI, ESQUIRE, 200 North
Third Street, 12th Floor, 1',0, Box 689, Harrisburg, PA 17108-0689, Ms, Cognetti's telephone
number is (717) 232-2103,
4
Motion to Compel Discovery and Ordcr Defcndant to provide his filcd 1996 tax returns by a date
certain. and to pay Plaintiffs' reasonable attorney's fees incurred in the preparation and arguing of
this Motion, and grant such other relief lIS this Court deems just and appropriate.
Respectfully subrnined,
DATE: 0 110 /fff
~UU-~ '-E
MAXINE KAY LEWIS. ES UIRE
Attorney for Plaintiff
5
--
. 6-01-1998 8,4BAt,'
FROIl CQ-tICK ASSOCIATES 717249563(3
Jeffrey S.
Cohick
& Associates
June 1, 1 ~198
Karen Sheriff
Law Offices of Maria Cognetti
200 N Third Street
Harrisburg, PA
Re: Lamar Gilchxist's tax returns
Dear Karen:
This letter is in reply to your letter dateo May 21, 1998,
regaroing the completion of Mr. Gilchrist's income tax returns,
We will be completing the ta~ returns one at a time over the
next couple of months, We expect to have the 1997 schedule. "C" for
the business finished by June 12th, providing Mr, Gilchrist is able
to supply all the information necessary, On Friday, May 29th. he
provided us with 95' of this information.
Again, providing we have all necessary information, we will
complste the 1996 echedule "C. for the business on or before July
6th. the amended return for 1995 by July l7th, and finally, the
1994 and 1993 amended returns by July 31st.
It you have any questions, please do not hesitate to contaot
my office.
(~iA;-
Jeffl'ey S, Cohick, EA
JSC/kmn
ee: Lamar Gilchrist
PLA'N'nFP8
,~
aeebH,a.'1 ~"'.lIa..a4 ~ St".kt.
HO ,u,....dn Sfrio. lot'f c...tWt, ......)'htlll. J1tU
T.~p".. (7l7l 14',5.111
P,2
LAw OFFICES
MAXINE KA y LEWIS
1101 NIlR II. fRIlN! S IRIFI
IIARRISIIIJRIl. PA 17102
n'lI:PIIIlNH7171234-3136
fAX.(717) 234-8281
30 October, 1998
Ort'tHINlt.1
MtHSI'U W Uktll!"'rnlp
11I12.19'l7
E. Robert Elicker, 11, Esquire
Divorce Muster
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Gilchrist v. Gilchrist
No. 96-3342 Civil
In Divorce
Dear Mr, Elicker:
Enclosed for filing please find Plaintiffs Pretrial Statement.
I am hopeful that the parties will be able to divide some of their marital property
and stipulate to the values for other marital property and, consequently, there will be no need to
have e.g, fair market rental value appraisals. For example, Plaintiff will waive some of the
FMRV appraisals if the parties can agree on the % of the equity in the real estate and they are
able to divide the personal property. Ifno agreernents or stipulations can be reached by the
week of November 16-20, 1998,1 will have the FMRV appraisals done and submit an amended
pretrial statement. The report of the expert regarding Husband's business is forthcoming and
will be attached to the amended report,
Thank you for your kind attention to this letter,
Sincerely, ""- /' .'/
~ttAc~-
MAXINE KAY LEWIS
MKLlI
Enclosure
p,c,: Maria p, Cognetti, Esquire
Ms. Shirley L. Gilchrist
A:lUlU'IIRISANS
COUNT II
Request for a Fault Dlvoree Under
II of the Domestic Relations Code
8, Paragraphs I through 7 of Plaintill's Complaint and Defendant's Answers thereto
are incorporated herein by reference thereto,
9. Denied, It is specifically denied that Defendant has offered such indignities to
Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life
,
burdensome,
WHEREFORE, Defendant respectfully requests this Coun to deny Plaintiffs request for
a Decree in Divorce pursuant to ~3301(a) of the Domestic Relations Code,
COUNT III
Request for Equitable Distribution of Marital Property
Under 83!102 of the Domestic Relations Code
10. Paragraphs I through 9 of Plaintiffs Complaint and Defendant's Answers thereto
are incorporated herein by reference thereto,
II. Admitted,
12, This averment is more properly a prayer for relief and therefore no answer is
required thereto,
2
A,\W(('IIKISANS
18. Denied, It is specifically denied that PlaintilTis unable to pay all the expected
.
,)
f.!
i
counsel fees, costs and expenses in this action and that Defendant is more able to pay these fees,
ii
"
,
.I
costs and expenses.
19. Denied, It is specifically denied that PlainliO' cannot be on par with Defendant in
this litigation unless this Court orders Defendanlto pay Plaintifl's reasonable interim and final
counsel fees, costs and expenses,
WHEREFORE, Defendant respectfully requests that this Honorable Court deny
PlaintiO's request for interim and final counsel fees, costs and expenses,
COUNT VI
Request for Approval of AllY Settlement Allreement
and Incorporation 1 hereof In Divorce Decree
20, Paragraphs 1 through 19 of PlaintiO's Complaint and Defendant's Answers thereto
are incorporated herein by reference thereto.
21. Admitted,
22, The truth of this averment is strictly within the knowledge of the PlaintifTnnd
therefore no answer is required,
23, The truth of this averment is strictly within the knowledge of the Plaintiffnnd
therefore no answer is required,
4
A:\{iIITIIRI!;ANS
WHEREFORE, Defendant rcquests that this Honorable Court approve and incorporate in
the Dccree in Divorce any agreement which may be entered into by the parties,
Dated: September 14,1996
F:IWINOOWSIWPWIN601KARFNlOILCIIRIS,^NS
VERIFICATION
I, R, LAMAR GILCHRIST, hereby verify and state that the facts set forth In the
foregoing docurnent are true and correct to the best ofrny information, knowledge and
belief, 1 understand that false staternents herein are made subject to the penalties of 18
Pa, C,S.A. ~4904 relating to unsworn verification to authorities.
f;(L~~
R, LAMAR GILCHRIST, Defendant
DATE: q / I if /'1 fc
6
J Hv ~0~fc..
SHIRLEY L, GILCHRIST,
PlaintifT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
'IS,
NO. 96-3342
R. LAMAR GILCHRIST,
Defendant
CIVIL ACTION. LAW
IN DIVORCE
INCOME AND EXPENSE STATEMENT
R. LAMAR GILCHRIST
The following is the Incorne and Expense Statement filed by R. LAMAR
GILCHRIST, Defendant, in the above-captioned divorce.
;u~a'~ .
MARlA P,'COGN I, ESQUIRE
Attorney for Defendant
DATED: October 30,1998
.
OTHER INCOME:
WEEK
MONTH
YEAR
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Unemployment Comp,
Workmen's Comp,
$390,75
$273,83
$949.21
TOTAL OTHER INCOME:
$1. 613,79
TOTAL MONTHLY NET INCOME:
$3,577,07
WJ:Jl:KLY
MONTHLY
YB:ARLY
HOHZ:
Mortgage
Maintenance
Repairs
UTILITIES:
Electric
Gas
oil
Telephone
Water
Sewer
EMPLOYMENT:
Public Transportation
Lunch
TAXES:
Real Estate
Occupational Tax
Income
:INSURANCE:
Homeowners
Automobile
Life
Accident
Health
Other-Dental
AUTOMOBILE:
Payments
Fuel
$895.09
$181.34
$150.21
$132,42
$11 . 90
$19.00
$32,13
$10.50
Escrowed
$58.67
Escrowed
$179,17
$30,30
$127,92
$42,92
$370 ,11
$67,00
,
C,\M~,."\Wp"'U!ADI~Iw.. plI wpd
...
1111191
VS.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
NO, 96.3342
SHIRLEY L. GILCHRIST,
Plaintiff
R, LAMAR GILCHRIST,
Defendant
CIVIL ACTION. LAW
IN DIVORCE
DEFENDANT'S PRE-TRIAL STATEMENT
I. ASSETS: See Defendant's Inventory and Appraisement.
II. EXPERT WITNESSES:
a, Defendant anticipates the need to call an expert with regard to the
value of the rnarital home,
b. Defendant reserves the right to call such experts as rnay be necessary
to respond to evidence subrnitted by Plaintiff,
III. FACT WITNESSES: Defendant intends to call the following fact
witnesses:
a, Defendant will testilY about all rnatters relating to the assets of the
parties, the break-up of the marriage, and the factors listed in the
Divorce Code,
...-
11M.
C lM~ftl.'Wp\PLEADIN(Jltlkhri'l pu Ittpd
b, Plaintill' as on cross, to testify about all matters relating to the assets
of the parties, the break. up of the marriage, and the lilctors listed in
the Divorce Code,
Defendant reserves the right to call such additional filct witnesses as may be
necessary to respond to evidence submilled by Plaintill',
IV, EXHIBITS: The exhibits to be produced by Defendant will consist of
copies ofstaternents showing values ofthe parties' home, lRAs, pensions and retirement
benefits, bank accounts, investrnents and automobiles. Defendant reserves the right to
offer into testimony such additional exhibits as may be necessary to respond to evidence
offered by Plaintiff,
V. INCOME: Defendant is presently self-employed, operating a business
known as Gilchrist Tours. Defendant's annual net income is approximately $23,500,00
VI. EXPENSES: See Defendant's Income and Expense statement.
VII. PENSIONS: See Defendant's Inventory and Appraisement.
VIII. COUNSEL FEES: To date Defendant has expended approxirnate1y
$6,0 I 0.50 in counsel fees and expenses, Defendant anticipates spending an additional
$5,000,00 in counsel fees until the litigation in this rnaller has been concluded,
IX. MARITAL DEBTS: See Defendant's Inventory and Appraisement.
C WrFlla'Wp\PLEADINO\tilthrill'" ~pd
"1
""'"
X. PERSONAL PROPERTY: Defendant will have the property appraiscd if
the parties Rre unable to stipulate to a value,
XI, PROPOSED RESOLUTION: Dcfcndant proposcs that thc marital assets
bc dividcd on a 50150 bnsis. Dcfcndant lurthcr proposes tllllt thcrc hc nOllward of
alimony or counscllccs to I'lalntll1:
Respcctfully Submitted,
Dated: November 2, 1998
Maria P. ognetti quire
Sup, Ct. J.D. #27914
200 North Third Street
Twelfth Floor
P,O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
.
.
tJ'ID ' '%12,
Dated: October 30, 1998
iUaafl
SHIRLEY L. GlLCIIRIST,
Plaintill'
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
VS,
NO, 96-3342
R, LAMAR G1LCI IRIST.
Defendant
CIVIL ACTION. LA W
IN DIVORCE
INVENTORV AND APPRAISEMENT
QE
R. LAMAR GILCHRIST
Defendant files the following Inventory and Appraisernent of all property owned
or possessed by either party at the date of separation and all property transferred within
the preceding three years,
Defendant verifies that the statements made in this Inventory and Appraisernent
are true and correct. Defendant understands that false statements herein are rnade subject
to the penalties of 18 Pa,C,S, ~4904 relating to unsworn falsification to authorities,
Respectfully Subrnitted,
Maria p, Cognett' quire
Sup, Ct. J.D, #27914
200 North Third Street
Twelfth Floor
P,O, Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
,
ASSETS OF PARTIES
Defendant marks on the list below those iterns applicable to the case at bar and
iternizes the assets on the following pages, If an item has bccn appraised, a copy of the
apprai~al report is attached,
(X ) I. Real propcrty
(X ) 2, Motor vehicles
(X ) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X ) 5, Checking accounts, cash
(X ) 6, Savings accounts, money rnarkct and savings certificates
( ) 7, Contents ofsafe deposit boxes
( ) 8, Trusts
( ) 9, Life insurance policies (indicate face value, cash surrender
value and current beneficiaries,
( ) 10. Annuities
( ) II. Inheritances
( ) 12, Patents, copyrights, inventions, royalties
( ) 13. Personal property outside the home
( ) 14, Business (list all owners, including percentage of ownership
and officer/director positions held by a party with cornpany,
( ) 15, Employrnent termination benefits - severance pay, workman's
cornpensation claim/award
( ) 16. Profit sharing plans
( ) 17, Pension plans (indicate employec contribution and date plan
vests)
( X) 18, Retirement plans, Individual Retirernent Accounts
( ) 19. Disability payrnents
( ) 20, Litigation claims (matured and unrnatured)
( ) 21. MilitarylV.A. benefits
( ) 22, Education benefits
( ) 23. Dcbts you owe (and/or your wifc or husband), including
loans, mortgagcs held, etc.
(X ) 24, Household furnishings and personalty (include as a total
category and attach an itemized list if distribution of such
assets is in dispute
( ) 25, Other
MARITAL PROPERTY
2, Motor Vehicles
ITEM DESCRIPTION:
1987 Ford Aerostnr
OWNERSHIP:
Husband
POSSESSOR:
Sold by Husband in 10/98
DATE ACQUIRED:
1986 or 1987
COST/ACQUISITION VALUE:
$16,000.00 to $18,000,00
DATE OF SEPARATION VALUE:
Unknown
PRESENT VALUE:
$825,00
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
3. Stocks
ITEM DESCRIPTION:
Sprint Stock Account No, 327624
OWNERSHIP:
Husband & Wife
POSSESSOR:
Husband
DATE ACQUIRED:
Various dates during marriage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
$27,436,52
PRESENT VALUE:
$53,108.63
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
3. Stocks
ITEM DESCRIPTION:
Sprint Stock Account No. 327612
OWNERSHIP:
Husband & Wife
POSSESSOR:
Husband
DATE ACQUIRED:
Various dates during rnarriage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
Unknown
PRESENT VALUE:
$30,954,00
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
3, Stocks
ITEM DESCRIPTION:
Alltell134 Shares
OWNERSHIP:
Husband & Wife
POSSESSOR:
Husband
DATE ACQUIRED:
During Marriage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
Unknown
PRESENT VALUE:
$6,197,00
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTX
3, Stoc~
ITEM DESCRIPTION:
Alltel 226 Shares
OWNERSHIP:
Husband & Wife
POSSESSOR:
Husband
DATE ACQUIRED:
During Marriage
COST/ACQUISiTION VALUE:
DATE OF SEPARATION VALUE:
Unknown
PRESENT VALUE:
$10,452,00
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
3, Stocks
ITEM DESCRIPTION:
Sprint Stock Account No, 327636
OWNERSHIP:
Wife
POSSESSOR:
Wife
DATE ACQUIRED:
Various dates during marriage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
$40,555,91
PRESENT VALUE:
$88,590,22
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
3. Stock~
ITEM DESCRIPTION:
Alltel- nurnber of shares unknown
OWNERSHIP:
Wife
POSSESSOR:
Wife
DATE ACQUIRED:
During Marriage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
Unknown
PRESENT VALUE:
Unknown
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
5, Chcckin\l Account
ITEM DESCRIPTION:
DOBT Account No, 37-15547-4
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
August 1964
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
$690,63
PRESENT VALUE:
$13,67
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
6, Savinlls Account
ITEM DESCRIPTION:
Corncrstone FCU formerly United
Telephone Employees FCU . Account No,
S181-S8
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
During marriagc
COST/ACQUISITION VALUE:
DATE OF SEP ARA TlON VALUE:
$120,16
PRESENT VALUE:
$0,00
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
6, Savin~s Account
ITEM DESCRIPTION:
Cornerstone FCU formerly United
Telephone Employes FCU Account NO.
5181-S7
OWNERSHIP:
II usbund
POSSESSOR:
Husband
DATE ACQUIRED:
During rnarriage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
$586,05
PRESENT VALUE:
$951.58"
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
..
Husband continues to use this account. Increase in value is due to Husband's post
separation income,
MARITAL PROPERTY
6, Savinis Account
ITEM DESCRIPTION:
Cornerstone FCU formerly United
Telephone Employees Feu Account No,
S181.SI
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
During rnarriage
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
$163.64
PRESENT VALUE:
$224,02"
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
..
Husband continues to use this account. Increase in value is due to Husband's post
separation income.
MARITAL PROPERTY
6, Investment Account
ITEM DESCRIPTION:
Smith Barney BalcorlRealty Investors
OWNERSHIP:
Husband & Wife
POSSESSOR:
Husband
DATE ACQUIRED:
February 20, 1985
COST/ACQUISITION VALUE:
$5,000.00
DATE OF SEPARATION VALUE:
$5,000,00
PRESENT VALUE:
$5,000.00
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
6, Investment Account
ITEM DESCRIPTION:
Dcan Witter Account No. 410 0 I 5326
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
Dccember 1983
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
$32,808.43
PRESENT VALUE:
$26,637.50
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
~ARITAL PROPERTY
18, Retirement
ITEM DESCRIPTION:
Sprint 401(K)
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
June 1984
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
$79,034,21
PRESENT VALUE:
$127,052,35
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF LIEN:
MARITAL PROPERTY
18, Retirement
ITEM DESCRIPTION:
Dean Witter Account No, 410022749
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
August 1982
COST/ACQUISITION VALUE:
DATE OF SEPARATION VALUE:
$111,582.46
PRESENT VALUE:
$151,136,31
NAME AND ADDRESS OF
ANY LIEN HOLDER:
None
EFFECTIVE DATE OF LIEN:
NATURE OF LIEN:
PRESENT AMOUNT OF L1EN~
NON-MARITAL PROPERTY
ITEM DESCRIPTION:
1996 Saturn
OWNERSHIP:
Husband
POSSESSOR:
Husband
DATE ACQUIRED:
5/16/97
COST/ACQUISITION VALUE:
$17,355,00
PRESENT VALUE:
$14,500,00
NAME AND ADDRESS OF
ANY LIEN HOLDER:
EFFECTIVE DATE OF LIEN:
Cornerstone FeU
6/18/97
NATURE OF LIEN:
Auto Loan
PRESENT AMOUNT OF LIEN:
$10,813,43
BASIS CLAIMED FOR
EXCLUSION FROM
MARITAL PROPERTY:
Acquired post-separation,
MARITAL DEBTS AND LIABILITIES
Defendant lists all marital debts and liabilities in which either or both spouses have
an interest individually or with any other person as of the date of separation:
MARITAL DEBTS AND LIABILITIES
ITEM DESCRIPTION:
Mortgage
DATE OF INCURRING DEBT:
3/89
AMOUNT OF ORIGINAL DEBT:
$75,000,00
AMOUNT OF DEBT AT DATE OF
SEPARATION:
AMOUNT OF CURRENT DEBT:
-$55,403,93
-$46,816.33
PERIODIC PAYMENT:
$895,09 per month
DEBTOR:
Husband & Wife
CREDITOR:
CUNA Mortgage Corporation
CURRENT PAYOR:
Husband
MARITAL DEBTS AND LIABILITIES
ITEM DESCRIPTION:
Cornerstone
DATE OF INCURRING DEBT:
Various dates. revolving credit
AMOUNT OF ORIGINAL DEBT:
Various. revolving credit
AMOUNT OF DEBT A T DATE OF
SEPARATION:
AMOUNT OF CURRENT DEBT:
-$2,190,741
$753.39
PERIODIC PAYMENT:
$25,00 per month
DEBTOR:
Husband & Wife
CREDITOR:
Cornerstone
CURRENT PAYOR:
Husband
.
/1/,1 'I ~r::(1
, .' / () I..:.
I .
,
SHIRLEY L. GILCHRIST
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
NO. 96-3342
R. LAMAR GILCHRIST
IN DIVORCE
PLAINTIFF'S PRETRIAL STATEMENT PURSUANT TO
RULE 1920.33 /b\
1. List of Assets
Chart ofassets is attached
2. Exoerts
Real estate. Karen Damey, PA Certified Appraiser, L.G.Connor Real Estate
Appraisers, 2159 Market St., Camp Hill, PA 17011
Appraisal attached- will supplement with qualifications and
experience
Personal prooertv - William Hobbie, Hobbie Auctioneers, 901 No. Second St.,
Harrisburg, P A 17102
Appraisal attached - will supplement with qualifications and
experience
FMR V real estale/oersonal orooerty - will supplement with report, qualifications
and experience
Business. Mr. Joseph M. Egler, CFA, Value Management, Inc., 113 Fox Hill
Drive, Newtown, PA 18940-3648
. will supplement with report, qualifications and experience
3. Witnesses other than exoerts - None
4. List of Exhibits ifoarties do not stipulate to values
a.) real estate appraisal documents
b) personal property photographs
c) bank documents at 12/31/95 (date of separation)
and for jointly -owned accounts
d) do~uments showing values for all other assets
e) FMRV appraisals documents
Plaintiff s Pretrial Statement
Page 3
- Kaleidoscope w/marbles and wooden basil
- Hammock w/frame
- Plus $7,000.00
4. $9,000.00 lump sum (V2 offair market rental value of office calculated at
$500.001 month)
5. 60% of the joint shares ofSpriot stock; each party to keep shares in his/her
name
6. ~ of the 1995 income tax refund or $8,325.00
7. 60% of the bank accounts at 1995 values
8. 60% of the brokerage accounts at the values for 1995
9. 60% of the Sprint Retirement Savings Plan at 1995 value
10. 60% of the value of husband's business or altematively alimony in the amount
of$385.00 per month
II. 50% of all pension payments received by husband since November, 1995
12. ~ of all costs associated with divorce
DATED: /d(70/9l'
{f,U,,,,/~ ~
AXINE KAY LE , Esquire
Attorney for Plaintiff, Shirley L. Gilchrist
1101 North Front Street
Harrisburg, P A 17102
717-234-3136
717-234-8288
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JonJIll}' 7, 1998
L,a, ClTnJr Real I!8tate ,"""Ieen!
2159 Mu1<et Strnet
0Itp lUll, PA 17011
law orf I""" of MIx:Ire I<ay IMa
1lI1NI MIx:Ire I<ay '""la, ~,I",
1101 Ibrth f'ra1t Stmot
1/!lrrlBb.m:J, III 17102
Dear t-lI, 1ewl81
RBI 3M N, 28tJl St, OI1p IlllJ, rA
l\Jmw.t to )'all' rBJ.""'t, J 111M! pt'f!plrOO a fUoMIRY IIPltlAISIIL IlmRI' of tJ..
prqmty alpt:lmod In tb.. "annnry of Sallmc Featurt!S" ...hld. foU""",
'II.. aco::npmyl~ rqnrt is 1_ m a aite iMpoctim of illpltMJJOlta,
iJl\l"stigatim of tI.. IJJI7Ject neiglturlnllllI9'l of influence, alii revl... of
lIIlles, lXlIlt, an:! incme data for similar pn::p>rtles,
'lhia lI(lltllllllll has been rmde with pattlc\llar attmtlm paid to "lPllf>lble
value-influon::lJq ecxJ1<Jl1ic a:n\.ltiCJ1B alii has been procesSEd in acoonlanc:e
with natiCJ11llly ~zed lI(lltllilllll g.,ioollnes,
'Ihs value a:n::lusiOl .catod I..rein am as of the effective date as .tatod lJl
. the bxIy of the awrailllll, an:! cmtin:Jmt lfJCJ1 the certlficatim an:!limitin;J
o:nlJtiCJ1B attached,
Please ckl rot hesitate to a:ntact "" or any of ~ ataff if .., can be of
ldUtiCJ11ll service to )'ai,
Respectfully.
til!t.,() .D2I!AJ:L'
Karen lhrmy. Brd<er
m Cl.!rtified Clereml Jlpra eer
~
h)lmr.VIl.. .llJIAI1OOir.w..ul"'"....byuu....tll.1nt .. I 110O AIAMf.lf
,
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Counft O,.r1b!rllVu
1,1",.91/99 "f IUll.t 2,98J.68h.t'...nn",,*,,'ltbll!
CUII'lIto-I'" Oc U 11 " ' , III . IV t "'
I "t 5 rneh(t1l1 1'10 llO;ll ru Condllnllll In I .'VA Oll II~
~hOOCl..PtoI"CHul", se.ror y PArk M.pRtI"filC. ':IIlfI'U"I.(13240~OlOS
IJ'."~" NA OIl.ol'i.. Hl\ Cn~'iI!,..tI'f,,,,,""""lllf'It~I'l'"t,,.(ft''''''''bfpllll'''I''''' tl1\ .
l,"",~'" Mudne r...y IMS. ESlul'" .."... 1101 ibM f'lUlt St~, llarrllli.ury. PI\ 11l0~
A M'"' .
locI. l Ulb.n X Svt".IINll 11,11,1 l'fldonWnt pn f AGl
avl" I. ;Ollf'~' Ix.n.1!l\ Ullltffl~' DCtllpl~ 'l~t bill
OInl"'. t lR'1l1d X1SlIblt 'i~.. X o.l1fl as lOll 5 1-t""""
Pt.fr.,tHe l ,klcltU'"9 . X Slablt [11'('""1 ,,,,,anI : 351;)' 11'91\ 10 : Mull-I,ulItr
OIIN,,"U"" I 'Shartl,. I X' In IIIl.1tl(1l f"" .urt'If )( ,II:~'" ,0 5'll__JPltd1Imlfl.ll1l L..l COlnlntttl&l 1
MarbInI'"" '_JIINtHlmM .x.'~,"l" f"ll!\n"l\ \'.:"..,5\,' 120-13040-60 iVllcant
N.lel R.n .n" 0.. ,..111 compo.lllon.I I'"~ n'lghbolhood ar' nol.pp"lullulO",
.....ttoIfloodbollnd.'lt..lldthat.ClIlI'k. 1118 ne1gtiTJltvxJ h:1.1Jl'm-lefl are urlicaterl al the enc1~
..1~wlllXXl """ in the IId:IP.rdIl of Uus t"P"rt,
ractIKll\Il,lkclN /Nlhubllltf 01 III pI09"'" It\ 1\1 fIf1hbOI'lOOd IPlIlIMIII\'r 10 ,mp~,ITIIflI.nd 'mlnlMt. IfTlPU,menl IIID"\'r. IPr".l1 ~ ,".lI~.l .Il: I
Illl1.Iw;tJ~ sCOllflS to all ooces""IY 81WOrt\n;3 tacUlt1es lnc:lu:l\n;3 sr.;h:Jol~. pJbUc paP<I.. -,
e............tAtlcn. Ilhc:Wlrg , durr.he8, !Jrpl~ stability Ie ~ We to !;he State J.'lrPltA.l. at,
I\UTlsbJrg, theN!wy 9.Wly [>>pOt In M!dWl!clll:urg, the ~ s.wly Deplt _in """ o.l\tJedard ""
thLe><plllllrg W9t1t Shore ArM, Averng! prqerty l1!lintllWlCS. p~ d:eel:vW, fl11>l~t 11
wl.t.bioJ.S,30 mlmte drive, St<WtJ price IncreMl!s , I'lB stat1stlcs ds1u18trllte lsee I'd:len:lm)
MInot c~11oM \II ,.. ,ubl<<llItII""'hood 1M1('J~'"t turr~'IIOI III .bOf' conc"'lOnt ,,"lid 10 II. und 01 plOpll\'r "".. dtmandllupp\'r, Ind mlrktlno ItN
.. 1.11" 4" on cOlftPlI"" .'Olll''" lor .... III fit N!lIIh~IMod d"rrlJlllon 01 N prhllftlt. 01 U~I .nIl 1IIl1l1C11'It conuuront, n: )
'lbLtem:h Q( exunty tllX rec<mls .rd the I'lB ~ce JIlUoI prices stable, ..'!toe 1'lB. service. -----
~Ctlte8 that the typical prqerty ....11. in 3,6 nmtha, r-tlrt9"!l8 turds,.... .-nIl' lrv.UlIb1l1...
tfllll a variety of IlCUtO!S with c<:IM!J1tlaVll. loans be\n;3 6,5'. to 1,~5'. 95' ncrtgagS. .w,to.3
points. _Sellen! are rtt r<qJlrErl to offer ",'\lea or finllnc\n;3 CXJ""",slalll. ho.........r, seller
1'11'1111 chinle
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PntId......IDtPUOl (II.pJklblll"" 1t"'urv.~r~,bullJtllfttonltO'll' tie lion" Owllfl' Anocllllon IHOA" IV": N,
AWO....... till mlmfItt of II"'. In'" .ublf(l pU~1K1 A~~rOIImI" b\all\\lmb_ 111 lIrnlllQllIlIln 1M tubl<<l plolfd
fld '1C,"lOnll I. I''''
~IOM .14Q'. )C 108.38' X 136,22' X 101.16' l'Opnqll(ll~ J~
...,,'" .O.343.llcre or 14,9:l1 9;1.tt, COII",lllll)(:Lvn I INo SIt. Average. .
IptClflClOftinlCII'IIIIc'lIOtItflddftt''IllOn R~1, SU191e Fmdly \s",P' ~4r. .-
lonlnlcomp..'\Intl1Xllttll I. ilf\lIIIlOMlllllll11l1lflttli..I"""I1"rduUI IIPtII 'HotllnlllQ Ollll\.lt' ~ ~te_.._.__
tIfttl.,~_V'...~"tll i X;Pr"enlll" ()t1f1un\upltlul VIfW 'IWical Street- . ....-.
lMItI Pubic: Qflef (J!1..~artfNltl 'r~' I'llblle pr"IMlllndltlPIllf 'Wlcal for Area_ . ..-
lltc'ldff l)t\ jS.-HI MicOOm\ X: I O/NlWaylul1lCI ~ .0' ...'-
011 IXI tllrbtu~ O:Ilcrete :)(: : , IAPPII.numm.nttSt.ar'datd UtUlty .-
w.. IXl Sill....' Q:rlCrete [) IXl \ftMA~ptCIIHloOdtltn'UI" I Iv" lXlNo
'....~l... IX ''''''9'" MeqJate IX' I J ['IMA"" C .. _ ' _..D'. .U=11-81_
'lJIllJ."'.. IX ,~, l-ble '-' U _ nMA_",'Ho ~~0351 090~ ~ -- - -'--
COIMIt"IIIIHllenllll'tt" Ullmln., tnCIO'CI\'nellt\ ,pf(lll "'"Ilnt'1h, IWI '1111, Illl';ltOf~lll\llntonro'm1n9 tonInO .....It) .S~__._.
~lI...'or.el,ect~IC. .telepla1e. etc, '!toere.anlno.1<r'ao!l o~.~t,advertl8.lllUIEIfe!ltl........--
OUI.RAlOlICRFllOff UllJtlOOO!5CRIPI~ ~fOUNOAIIOH IASElMN' .,\~~AU\' J.,',""._,._"
Hoot_ 1 I'......... Orrt BlcklM l'artlal. .,..s.n ~~3 . ~-.- L"
Hool'.... 1, .I"""W'" Brt:I</Ftlrr<I,CIIWIS,." II:t1e ,.. 1"'''1lId SO,..,.. .C","I_.. .._..lXl
",,(IlIt'AlI r:etAc:hI!d ""..,.." AlSlli.n3le ........, l'artlal.., '.'''1 9Jep,'I1Ii!lW...... __00
011." (1".1 Ranch i 0""",1 [hrnlnlt. lunln..rn ,Sump Pump tble .," __ WI" ~ty~rMI.. - LJ
,........."... J;:x!st\n;3\........,,,. I-Ar.d t:ll ,DIm..... l-ble. ~ed f'OO,O:pttI'U,- __..U
Att('t'!1) 43 . Itflt\1el"n. Yes ;5'llItrntnl tQlB l'btEd ~"Id.(n.., Yes l,JlI~ . .. .Iltl
.. nl I I 'tnl loll
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f.. W:a1/erpt/A IIUI' u:>twtrJlllllqflllnl j ltiol'lll I fll,pllc.tl" ericklXljHnnt I 1
Wilt P18tr~l/A ,fut'! oil nl!ll~M"tn XI! 5\'1111 I I ruo Brick i Xi \'11.11;. 'ofu"
hlm.flri.h \Ib:::d RanCh/A r.O'''''''''" A'Ig, 1\'~fl"U' Xl i 0'"11 &1111 XI O.d . I Aftlehood :2
1''''1oor O!mniC/^ ,r.0011jf1 OI".....,lIt' Xi ,Scutal llPo1th O:N F'tnlt.Xi (lttlehfod
""WIIrlICllI.C8rt1tlic/^ Ctll~11 YP.9 X: I'ba' ' ftne' i : I t1ulllln
DooII .axt;.\tx:d OI>tl th I,Untelt I Pool !: '!I:c.rporl
o It.on 'flnlt ' "
....IOnIlI....'"llpIC:lllt1lt1OY.ltlClIflllltm...t) B rear pat 0 8'8~_)C U'_.'. cow,e:;'- J:Qlt..PO 1 E))t;.ry.. ~r.....
witlLIoAXd pIlI1P!t floor. coet clOMt, ord wilt-in wlstor-age cabl.net"P\nlng . lSe\lJ'I;l;;lll\W11l
CllI'lI/Ioftolt4 ~lgr"I'I'I'l", ..,.'ICI.lon tphyllClI lul\(l\rIn.ll .~ ..-1ttn.ljItCllllt Nldlid qlll'" olun.hct!ll\, ,tmO\l""'lddllOnI..t .1118__.___
prqlSrty 1. .....11 rmintaiIwl with rn lmredl.te repairu llBf!<led, f:ld:erlor I<O:XI trim "" e>rt.eriQl;,.
~ Ital~ We... need paintl'd, Q..tten! n.ed cleaned, '!toe prq>e!'ty is .....ll nalnt~l.rJfJLwl.tb
l'IiUItlW. "ndellt repa1r11 reeded, ,,'" o:r1lltructlcn qJallty II twe1al tor em (Sell ~-
Aft... ""ll1lMltnlaltOl'ldllOnt Imll.., but no"m.H h tllwdoul ....'" tnlC lublt'llI:" fk 11I1~U1111n ....1rTl~lh'tmtnll. 011 "" 'III, OIlrlhl
_.....,.,...."""....'" "",re are ro kr.,.,l or swarent lldwrlIe ..lVIrcm81tal o;rd1tlt1)11 \:hilt
frfIH.MKFOlm108-"J]
rAG! I Of ~
fl\lIf1tl'" .. 'InIAl/fiV\'lrr""t\n>>'lr.b,.l&modt In( " llOO,AlAMlJl(
liMIt Mat fOlm 1004 MJ
UNIFORM RESIDENTiAl APPRAISAl REPORT
7-156
..
ESIMA.1I0SI1(VAIUf
rSIMAlfnJVMnMX:IKf4r.rl"il NfW f. 1MI'flov'M1HIS
ow... :2,231 5'111 fi" .
199) liq II W1
fP,IQrUl/R1tlo,l'n,II, ,f'tC,
OIl....f.Ilpoll 516!lq fl ~1\'
ro...,.IrN~COlI""
1ft. Phy.__.al
Of1Heulbl
n.wllllld Y.~ 01 knplfttlTll'llll
.A....V..otSI.II'IlCllll'lellllflll
lID COIl I
II(M !UlfUlCI
]00 Ibrth 28th St,
...'", GITp III 1,. rl\
Pfll&lmltr~SllblKl
!I."f'l~.
F'llctlflronl"'"9A'N
flail I"""
~1Ik.IOnSOltlr"
YAIII'''OJII!U''NtII
S,,,Ill'lnlnrlng
Conc:.'kUlt
O..o1lalllfllmt
,.......
hU~"SImpll
.~
-
OeI,nlndAppMl.
QulttrlllConI'lItlnn
'I'.
C.......
Abm.Glld.
notImCoanl
GIOIa I "Ing Ar..
Rattmffl,A'flbhld
AoomI8etN GIld.
r.nclMllUIIlr
IIU~oolng
(IWD {lftden'''''''
""""'.poI1
Pofeh.rIllG,Oer.~.
fllIP'ClI'I.n:
'IrIt..J'nol.et:
, .
r.fIllllrwmll on CMI Arpln,rh Iluch u. IOUIU 01 fOlllllml., .* flbe.
,qu'llIloolu~uldon.ndklll."1 YAlndlmtlA.,...ln\llk!d,,""'lnInIJ
N"llMInlC .Ie 01." (Hu~~1 1he Cb3t
I'U,rmd1 Is !1"l<'mlly an exrelle.t
Inl1catlm of valoo "''''I W.. ll.lbject is
new or roM<n1bly ,.... all:l We lnptwm'mts
reflect tJ.. high"". ....i u.st U88 of the
laiD, It........r, "'1m ell<' ll.lbJect has
ftu",tlmal d...'I""'B1f.... onl ~reciatiCl1.
"l1l11li...", J'U:pOlt cures into play >otUch
I. ll.lbJect to enuL'. 'II", O:8t l'g,1t'CIlch
w (
fur..lrllwl
.
'IPNI
'.
'.
-.
...~ I~.~ .
Adlu,.SIIM"'ltI
ole I.MI .
COIfIT*1I1 on 51181 COOIp.1lllon Ilncli'lnQ III lubfecllllnpeltf". compIlbilfr b III netQhboI'tIlod, It) ar. -
size /lIeUl1\it8:l, After a searcI1 or availableparlret dara, el.. cloe8:l cloe8:l sa!e,,-,I1~ -
are o;nJide{od to be the best 1nikat0t8 or value,. Pdjustm:!nts...", nWe to l'E!f1ect. J11II:\<I!t_ _..
nllICttCl1S to tmae itEml or sig1irlcantvariatiCl1l;et........ subject am CXI1plIllbll!ll, .000000000e_
H1 flQJlIJ:ll footage baaed en actual tul1d1n3 J1'B1IaJIWB1t by ywr awraiser, AlI,sales <XI1lI1dered
BJ.lIIl1y with.eight 9i'-"'l1 10 Sales H1onlH2, WLlr are locat8:1 within the Ix:>rQJg\1cu.._ ,- .
.mM_ ,. SUf\/ICI r.OMf'AnABU NO I _ CtM'ARARIf NO '1 .CtM'ARA ".(~_ 3_ .. .
0.... f'l'ltt.M (I.1a NA tl:m ttne tOle
SOUItl, 1m II'Iol U'" N1\ NA NT\ tD\
wtIlIn ,ur ol'ppI.,ul NI\ 0::::w::tln.1Se R.ecx:n:dR O::urthCl1ge Ream:1a 0:urtl'n1se Fea:m1s
Alii"" 01.", (,"rtnl 8;rlll!\'tf'flt 01 'alll, llfIlM. Of hlnQ nllubjll:l PInIW'Iy.nd 'M"'" nl.ny plln' II" allUtjerllncl tnmp.tlallp.\ WIIIlI'i Qnll 'III 01 lie d.,- nl.pprlll.i
Prior sales or We carpuwle prcp'!rties occurnrl nure WlM ere year '".P, m 1>J"...,~.t of sale,
tllMrAllARIf NU I WMf'AllAm ff/11 r.1.....nASH NO 3
404 N, 25th St. 818 h'jr....nl "'I. 5 \nit I....... Circle
GITp 1lll1, PA croll lUll, PI\ l+.nmleylDJrg, PI\
2-J 8lCd'ft 1 MUe 1 Millie] ...
NIl ..' " 181,~00. I. I 183,000 ... ..... · ,_ilOO,QQO
1 I 91.20 ,1, . 100,00 'I' . 92.46 .1...........
IofS;Tq>Jlt;lnspect' IofS:lg>lt;~ ,lrwp, IofS:lg>lI:;E><t,lnlp,
CD.lI;tJn"", ~nls O:\1IWuJOO IlP,oonIfl O:lll,tJD.IIlB flIlrottIs
orSCItf>IKW ,It ,t"1t1U1' Of5CfUf'IInH, 1I,I"dlUll OfIIl:IW'IIlW: tt )tAi)uI'
CUMlJltlcral QuIll O:lJVmtlmal :
________ n:ne lUe lUe:
6/91 8/91 8/91 259~'
=~Ie =~Ie =~Ie =~e :
0,)43 acre O,9~16 acre . '5,000 0,49 acre 0,68 acre
AYg, Street AYg, Street: AYg, Street hog,Street
RaocIl/Brl</f't RanchlStn&Al : RaocIl/Brlck RanchlBrlck
O;xxl Qn] O;xxl. O;xxl
4] 47 apal EQJI\1
O;xxl O;xxl O;xxl Ocxxl,
IOllllklll"': 0..'" Ill"l :l\lIrn...: Salll : Illtal 'Adm'" "lilt lotal :l\Itu",: n..... :
9 '3 '2 6' 3 :1,5 .1,000 1']' 2 : 8 . 4 :2.5 : -1,500
2,233 Sq II 2,056 Sq II, .3,500 1,830 Sq II: +0,000 2,163 Sq ft; +1,400
PartiallJmt ~1/11 Ml WlJ<Qlt ' -1,000 El:jlkll :
FR & I..alttrlry Rec Ro:n1 +1,500 fR,m,Of,.58: .2,000 FR,2~,&Bath: -3,000_
/M!rag> TW'enq> /M!rag>' TW'erage:
IItWtr & CIA Alii & CIA IItWtr & CIA AlA & CIA ;
Average 1\VerlIge, /M!rag> TW'enq>'
2 Car 1 Car,Bit-In: +1,500 2 Car 2 Car
II:Jrch/Patio FllCl.lbr&rtO' -500 Patio .500 Patio
Fi~ace Fireplace Fireplace x2: -1,500 FlttlJlaCJ!
Gaa Grill n:ne +500 ~t Ilar' lb1P.
LKlL.'u_" 2,500 lXlL..U._.:' 4.000 UJ__.l1lL,"
-].000
lr18pOCtlCl1
.J5CRI'!IlIL_
+500
. +500
5.100.
tn:AItD 'IN lilY WII C(M'ANI(JIl AmDC11
tu:AnDVAlIII'tIE_AI'ftIlI\Ctt A .bll f.t'NIIld"'IUlRenl 1r.lmfl~llIMII Ief
lhiI'H'..IwII1m1dt 1'1' It' I 1'"~Ib"lfIlIlI',IInI"nI,lm,*lIonlOfcondlbllhhtbrh.. I 11llbjtll:lklcnnlpltbll*P'aMAlp<<lIlclaor.
C_,....... Ib Io<UTIIIJty of We awmised is gi...e" or iJtIlli8:l, Ib llability is assure:1 for the
st[1,lCtuml or J11!ChmLlcal elmmts of the prq>erty, - .
,..,""""..... [).Ie to the lack or. rental data, the Incme J\RII;O'1dl i9 oot ,w,'VdBte, . Greatl!8t
...igllt Is given to We sales onparlSCl1 JlWrmch as it ",!leets tie typical nllICtiCl1S of bJyenJ
onl aellenJ in the nad<etplaCJ!, ... .
IhI"rpol'01 "" tPIIUIl.11l b I'lItmllIt "lna"flu~tllll1tl..lprnfll"ty II.1IK l"'lIIblKlnll~ ItpIlll bJ~1ld nnlllllm' cnndl\lrl/ll ttllllllclllflcalon,conlnOlIIl
alll'llmltnO r~ndrtont,'od mllkelulll det\nllnft 11,1 ,tl ItllId In ....al\KhId freddll....c IOIn\41IUNMA Inrm 10048 ple'Wlsf'd JurY! 1993 )
'1"1111'11I11 111 1lII'" VAlI1,AI 11'11 ,UI 111 II AI ~mmY 1I~'BlllS1I11C'III1I1"I'<III,"" Jaruary 7. 1998
l"'l:ItB llIIlAIIIIJMC'..AIIlIIIIIllC1MIlAIIII III1J1r<11'llOfIl . 190,000
-II..~A IJA ,) -,...",} I 'I ..ltJMIJllYAm1AI;rnIJllYlIIII.ln,
'~"'" ^:t, (o..J!.Jl. i-t k. ki..:<.. S~"'"
.... """'" !l'I.nry, B,ti<er "'''''
D,.AtpxtSlgned JaJlJaI'Y 15, 1998 (I'''"''ParISlgnp.d
Su.r..llkalOn' C'.J\.OO1260.1. Stili PA SU"Ctt"\r;,tnn'
() 1111 At..., !T"1I ~Stl.lic,",.'
'lfllIII.lA.It'mmIOIVTl rAr.',/'.l
11~1I,IIA1 'lllIAlllMMrarrlll"t,nlhl,rlby.'&/Mdll lilt ., I IIflOAl AMII(I(
190.000
I Ino I 1""'''''1
Imp<<l"'""
...
s..
l..nnll"",'ol/TlIODt II In
"
I'
1. UNIFORM RESIDENTIAL APPRAISAL REPORT
MARKET DATA ANAlYSIS
I II Opltllltl."'1OOI I pll .. . W. tOM INIII'III. Ctlplklnll1t.. """ I '"'
, lnIf"ruclon ""'" ftIrM 01",,*,,,,"'111011 be."""'1l 1..- tomNl'bW lWopel'" 1l,11Q..IIc:.nl_. in '" ~ID. p1/lplM\'f''' Illplflof b Of mot.
l tnorlMl",", hi lplopa." a mnll 1-1 1dfu,tn.ll.lNdI. .,llfut:lnQ.. nilelilld ""tn'" 'ub/llCt K. .Igndlr.nl"'-nln ,"cnn1\.l..blilII I1lPtkW ." or lit,
""".... Ill. I oJ' . III tnlrtlllmadt hi. inti'" "nht.lldu~DI"'1l61O L
nf~ _ .. . 'UfUU;l _ ClM'AAAlllf NO 4 ClIIV'AllAl\tf IfO 5 CIM'Ar\ARlf NO
300 N:lrth 28th St. 603 IUlltd Dr!... 38 George Circle
,....! QI1p 1.,,1:'1\.,___.. lle\I armor ard, PA M!chanicaWrg, PA
_\I'""'" ...lJll.lll!l'l' ._..'.,.6.MIJ.~
'....fI... I ~ .. _,_ .. Ir-~O.Q!XL ...... . I. [,J9.0.,OOO.
~~.UI'..Al.. I 1/1 I 18.38 r~!. .._..... I 99.79 '1'...
01_..... H.B;1qont;Ext, Insp, H.B;IIgmt;Ext, Insp,
_101\''''''''_. Insp;lct!qJ CI:urtID,IOO ~ CJ::un/D,IOO ~
YAll)l~gJUSUIJN'B -P.f.~~flPj~___ DfSCRf'IKYf.:.1 IUdjult OfSCRI'IKJf 'I PAdlu'l
I..... ,....... O:nvmtlrnaJ. : Cl:'rM>Jltimal :
c~....u N::ne . ___; N:ne, _ '
01_ .11."".. 8/97 53IXM : 7/97 31lln1
1...100\.. ~.. ~.' Infeliar
l.........;.i..... f'e'!Sillple Fee.SlI!ple , FeQSlnple
'''' O,343aae O,31aae/In: +1,500 O,73/'ere : -5,000
jlIw. '" lI',g,.lltreet !\log,. Street i Avg" street
[101'1" "".""', llanI;h/BJ:I</Fr Ra!X;I1/Ilrick ' !lanch/Brick
go.,. ~ ....""... l);lod G;xxl G;xxl
'IL._. 43. 1iJ;al, . 33 ..
~""'!Ion._. .. Interior, +10,000 Cb:d .
Ablw,GJtdt 'oSd 'lid""': s... Total ;MrIN: "'Ill 111111 :BdIlTll: e.h :
_co,.. 91 .J12 7; 3: 2.5 -1,500 ill 4; 2:
r""'.I......'.. _ 2,2J3!1 Jl . 2,424 'I it' -3,600 1,904 'I Jl: .6,600
"_l_ Partial IllIIt fW.l WlkCl1t .1,000 fW.l WlJ<O.1t -1,000
~~~J1'. fR.& Iaurdry FR,ER,Bath,L -2,000 fR,BatJl,ta : -1,500
,""'....1\J!II1 ~Illg!!... l\v'It'!Ige AveIllg!!:
,......._ IItwtr & CIA JladiMt/C/A HtI\r1p& CIA :
1"".,lJ'<Itnl-. Avenge l\v'It'!Ige Avenge:
!)III"""""" . a..C>.r. .. a cor... .. 2 cor .
"""II, 1''''' llt<~ RJrch/Patio ltlrch/l'at!o Rlrch/l:eck
'~lItI(Il," F!reptl,lOe Firepla0ex3 -3,000 Fireplace >G!: -1,500
,....,""'.... Gas Grill lI\!t Bar. DIy Bar '
I.
"" ...m.___
nl'H:Il.'IKW
: 'I ~.'jvll
t2,000
tOtal:fIdlllll;"''''
Sqfl
Ll!,'!XL,:S' 400
I 189,600
-.,.- '. ~'~ LXII_L.t.i:
2,ia
Ut,II'i:
""Adll!>-q _.
Ad""w...PfItl
,,~.~.--..-
0.11, PfCIandnala
louralllrpriorullll
101 11..1
C....... . Como '4 .
190,200
~
~
~
MI""DlClAna"tIlIUJ
IlXml!A1.. 'lllIAl?OOO'IPPf.lulsoftwlll",.l.Imnd..In:: .. I800AIAMro[
I
,
l
::1
I ~ft~
fcf.:w:.;utr.imth 28th Street......, C1ttterlan1
ft.. MIx:lne Kav Lewia. Jl'J:n1Ue
/ ADDITIONAL FEATURES COMMENTS CONT'D:
/ ro:m with Io<lCl::l tloor, mirrored loBlI am chair rail; p:x:l<nt <b:Jr l>>t"""',
kitchm am dlnirq nrrn, Kitc:le1 ...""~ with cherry CIlblretB with IU11.rut
BtElves, 8{:Pliance garage, lazy SUBan, bre3d t:ac, etc.; cb.1ble llRll CM3lSi
poc:lo.et door l>>t:ween kitchen am d.lnln:l =; am, fonnlea coUlter tq:8 with
"'t-at OClUlter exten1l.nJ into family nrrn, St'l' cb.n into family nx:m
(fcmer bn!ezeo.ayJ, Breezeo.ay raro:lelal 1993 po.I a.ner am reaturee polntm
brick \ot\l1B with em mclooed in glass, loBlI to...l1 aup3t, drv>8l1
oeUirge, am CIO<01I1'O!dinge with lnIin!Ct Ughtln:l, crncrnte bloc" garage
with CJlB electric gamg> door cp.!I1er, 11.011 to mar of kitdnl area hM "'nle
Iv:use \/l'fltUator fan, a:at cloeet , hall c1oeet, Bath has remole tile flcnr
am oemnie tile m 1/2 ...11 & tub mclCSU11'l, wi Btorage area, 'l\Jh IB
BtaIned, Multer te:1r=n has both with cenrnle floor, oomnle tilB up 1",lf-
wi, on:! full oemnie 81"""'r; pxket door 81try to offlOB amll, Wvltg ro:m
has brick UrepI/lOB with ralBal brick tearth am ~ nantel; wilt-in Ixrl<
81le1f; pxket door into ofUOB area, ~t ofUce IwI carpet, 2 Ughtal
clOBBtB, am tluon!llC81t OBIUrg Ught, Rear ofUOB has lighte:l elceet am
fluoreBoe..t Ught, lI"'te:ll:aserent has f!l11ily ro:m with kmtty pire
ll9'"'11ltg, IllSIDIlaI tile ceHirq, aspmt tUe floor, Btorage c10eet ",,:!
brick gaB grill with taxl, Ole ceHIn:l tHe iB ...ter Btained am nee:le
l'E\Jlaoe:l, laJrdry with carpetal floor, BtainlesB Bteel Bink, am 1o.00::I
cabinets/Btorage Bhe1_, ltlflniBhed IEBmmt 8''''''' have palntal OCIlCrete
tloorB. Other: Bteel 1:eimI, a:wer p1l1tbln:l, 200 mp electrical, BCJlP.
Ughte:l clcsests, lD1-fimctiming ...ter IIOftrer, am uninaul8te:ll:aserent
wlnli:wJ, In 1993, the breezeo.ay ""'" erolooed, new roof !natallal, roof vente
!nstalla1, on:! exterior paintln:la:m (per a.mrJ ,
Ii.... 7-156~
51.. flA lip CO!\t 1'1011
-------~------
NEIOHBORHOOD COMMENTS CONT'D:
g:xxl dsmn:l for tI.. area, 9Jbject iB locatal ~tely 4-5 milee """t of
the cenno1.l1Js!nee. diBtrict of the City of 11arrillbJI1], the BtatB capital,
P{:peel ie area'B CXJM!n!mt looatim am easy acoess to nsjor rar:llo.aye, The
BarOJgh of Cmp Hill CXJ1SietB of pr:!Jmrily older residential prq>ertles with
g:xxl nar1<et:ability, 'Ibl Bcm:ugh Illrl< am the Ioest Shore O:untry Club are 1-2
blcx::ks rorth,
CONDITION OF IMPROVEMENTS CONT'D:
area, Based m mlintenanoe, cxn:Iitim & oc:nparillCl1 to anpetln:l
neiglu..luAs, the eatlmltal effecti"" age iB bel"" the actual age, A'YIlical
dftlrec:Iaticn iB die to age am doferre:l na!nt!!l1lU1OB, N:l functimal or
eocn::mlc d:IIIOleaoerre roted, l'\Jnctimal ctJeol""""""" die to floor plan,
ADVERSE ENVIRONMENTAL CONDITIONS .CONT'D:
I<hlre 100:1 bBse::I paint nay be present, The rmrket does not pmalize the
prtp!rty, b.1t the client Bhculd l>> Bdvise:l of itB poeBib1e ex!Btmce, It iB
aaEUTB:! that it iB not present. If the climt has a cmcem, then 8
qualifie:l BlIpett Bhcu1d be CXJ1tacte:l,
COST APPROACH COMMENTS CONT'D:
to the BUbject' B age am the !I1t1Jl1t of functimal d:IIIOlesoence,
SUPPLEMENTAL CERTIFICATIONS:
. I certify that:
- 'IhlB ""ra!eal has been prepared in cr::nfonnlty with the requirmmts of
the Clxle of ProfesBimal EthIcs am the Stardarda of ProfeBBiaal l>j:praieal
PrnctiOB of t1.. Jgna!eal InBtitute.
- 'Ibl uae of tllIB np:lrt ie subject to the requirarentB of tI... 1i1;mtieal
InBtitute rel8tln:l to review by ite d11y autlnrizal l""'~ltati""",
- Cblin llul'ey, """iBtent to the l>j:praiser, RS-209329-L, 1lBBiBtal with
the exterior I1'eIl8llmrent of the IDte am BketcTe:l the interior floor plan,
-;<.~). (?}')t!,(/l:<.1
Karen lll1T'ey, ~ /
I'll o.ttiflal Clemtal ~ral'''''r
l
/~'~M'''.'''~'' .-.-......_.~..".. -- --..-".-
, ,,,.... ~ . 1111 ull, lit bill. ,nd .... Nth aclnt Illlldflnlt, mnwwrtbtw ,lid ,..lImIIlG III flict II ml.ffIc-.d by vndllt ..lId.. ImtIkll In ...
~ .. .. COlW~1lJn of . ..... II of . IplIClnlld dll. .'" lit Pll.nt of ... "om.... tl bvt- Ind. tondllonl wtwllbJ 111 bvt- .nd .. .11
"1lkI1r moIf.W, 01 110.. PfI'" 'I' ."lnformed 01 .fIIldY... Ind eacll It" n .tIIl ,. comldlr. IWI awn betlln~"t PlI mllOMb. lime 15 .n""
.,. ~Wft -. lit IIp'Il tN'.lll) paylWll .. INde In .ma at mh In II 5 ealul Ol In ."" ,,' f'Nnelll 'Il.ng~ COOlp".bll tlIfm, Lnd (!ll" Plk'
'''''11<<I11 III nGnu c1lftt1Gt1'l1oll tol ... "Ulpe" Jolt In,lfN:ted by 1,*111 Of tIN'" INnclnQ Of .... (llOt,ulnntl QI,n'" by '/I'j'lW "'lYllbi WIll
.....
. Adjv.tNntI " fit cOfT1llf.btII mull bt maeSt lot lpetW or Clnh. hilt,", Of "In Cln..k1nt Nd ",,"me-.. '" IlIC~UI,
11M I'IOIe cot. which '" noUN" ~Id by ulMl .. . '"lilt 01 .,dlb Of II. In . 11\II", .,.... tiel. co... ,r. INdltt ~1fl1l1l1bll
,nc, III .. 1'1" ..... cOlli In ,IIIll'" ,_ ullt UI\'I(IOIlI 8pICI.I1 Of t'N'" ~rKlnQ IdjuSmena un bll INcN In 'Ill
~I~ pl'DPIl'" by tomplrllGnl .. IIIMnclnl ,"'M otlllflll by . ,*d PI'" mllllonll ..... 1\11 Is nnl "utly hotrtd In ..
pi"'*" or tlll'llClon A"" lIlI~.1menI .hou.. Ill! bt ut:uvlld on . nwhl'*al dn_., lot doll' fOil nl .. ""'II(~. Of fonc.nlnn
bill ... doIu I/nnunl 01 .'" lilja'"*,, IhmI'l 'pp11l1ln\l1ll III mllhl. 1f4ClW)n h III IlIMnclnQ 1M eonl'"'. baud (lit '"
Ippll..'. ~oement
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINOENT AND LlMlnNO CONOlnON8: IhI IfIPIl~" eftllkllon till IppUII In lit IjI(lI'II.' l"fII\fl II lublrcl tl ... ~1nQ
--
I. IhI '''''1. .. nolN IClpcIftIltla. lot tnI"" 01 . 11911 N~II till .1kr:1 ethll III Pfllprtr betna 'pp'.lud or III III m It ItIt 'JlCII.h. ,UUrntl "'1
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APPRAISER'S CERTIFICATION: ,.. ........ t."" ". 1t"".II
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8UPERVlSORY APPRAISER'S CERTIFICATION: ", IUpll'fllory ,pPI.". Il\Ined .. 'PPII,"llrplIll hi 01 IhI tllllIn .1Ilt 1f'llllIlIIt
I dlllt" 11,...11I ... 'ppll'" wl'D "".Ied .. ,pJIIllllllepolt. "'.. I"wlld .. ,ppI.,ullepDlt. .gllll wI" IlfIlta~"'I. .nd tllrdlllont 01 1M 'PJIII",
"''' a be blIllnd by'lI .pp'ltI!" ,.tlIt.lonIllllmblled. hOV\lh 'abolt,.1IJ Im.~ 1II1...pontlblltr k1I'.... .ppt.llIl.nd.. .pp'.....lltpllIt
300 tbrtIl 28th Street, Catp Hill, PA 17011
ADDRESS OF PROPERTY APPRAISED:
APPRAISE~
s~".,,'-Inl1t.,{ ) ttJ I! i...Nf
..... IfartlI1 t:l>.Irey, Brdrer
OI",~'" .. . Jaruary 15, .1998
Sta"e.llk.1On I GI\-OO1260~L
CMS".Utenlt' .
s.. __ ,1'11
t"-IInnOllloICflllw:.lonntllttnll 6-30-99
SUPERVISORY APPRAISER (only II ,equlrtd):
51Qni"18
....
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fnlmAUI.. '1Il1AI7O'"(r'pp1.kll",""'.leby.Ltrmdll.lne .. lIIOOAI^UOHI
HOSSIE AUCTIONEERS
WIlliam W. Hobble
AU 2591 L
901 N. 2nd Street
Harrisburg, PA 17102
(717) 233-0115
8 N. Market Street
Duncannon, PA 17020
(717) 834-5655
4/8/98
Maxine K. Lewis, Esq,
1101 N, Front Street
Harrisburg, Pa, 17102
Dear Ms, Lewis:
As per your request, on March 31, 1998, I did reinspect the contents located at 300 North 28111 Street,
Camp Hill, Pa, 17011 with the Intent to appraise those items from my previous appraisal dated 1/19/98 which
were marked NTBA (not to be appraised) at the direction ofMr, Lamar Gilchrist, The original appraisal Is
hereby supplemented by one deletion, additions, and continuances of items marked NTBA, All addenda
were made In the presence of and with the verbal a8reement of Shirl Gilchrist. Using the previous appraisal as a
guide and NTBA as the on site verbal agreement of both cited parties, this supplemental appraisal has been
constructed,
Havins been an antique dealer for over twenty years and an auctioneer for over nine years, It Is my
opinion that the value for replacement purposes (with replacement being defined as replacement of an item as
quickly as possible with like kind, material, and quality without deduction for depreciation) ofthe
aforementioned items is as follows:
Attic.
No changes
Kitchen.
Shelfof5 pcs, Pyrex, mise, storage, cheese server, (delete liquor) ............$45,00
Contents lower cabinets Bnd drawers -
Door,
Some other pots and pans NTBA - as per L, and S, Gilchrist
Countertops .
Goldstar microwave,..".., ,.""",'..',.."..""""..",.,..'",..""......"..", ..$85,00
Breezeway - 4 chairs (corrected from 3)..........................,.......,..................,......,............$220,00
Nativity scene, carved wood ....,....,...........................................................,$175,00
Coleman thermos cooler""....,..",..",..,.."",.."..,..""".....""".."...,..".".... ..$65,00
3 bar stools (corrected from 2) ................................,..............,.....,...........,$225.00
Dining Room -China closet -
Phaltzcrafl, Noritake, matching cream and sugar, 2 sets cordials
(cut and colored glass and plain), set 11 etched glasses, NTBA
2 pes, cut Blass ..............,......,..,..............,.......................,..............$45,00
2 plates and ClipS ............................................,........,..,...............,..$25,00
tJo(
~
RS Germany (listed as separate item from original list, dues not
increase original list tutal value)....................,......,..,......,..".$]O,OO
Sideboard - 2 shelves,
Piece cut glass on stand ....,........,..,....,..,........,,,....,,..,,,.....,,$95,00
2 shelves,
1 larger piece pattern glass ....................""".."..",,,..,,..,..,,..$]5,00
Living room - Iron Boston Bull doorstop ".........."""..""",,,..,,,,....,,...............................,$95,00
Esterle - Allegheny tall case clock, circa 1810 ........,..................,...........,....S7000,OO
Governor Winthrop style desk, circa 1940...........,..............,.........,........,...,$500,00
Chinese style vase (Japanese) ,.........,.......,..,..,..,........................"...."..........$60,00
Pair maple chairs with cane seats ........,..."......,............................................$90,00
Swarvorski crystal, 4 tiny swans ..,...........,..,................................,.........,....,$90,00
Nippon bowl with sailboat .......................................,............,..,..,........,....,..$45,00
2 Blue upholstered chairs ....,...................................................................,..$150,00
Iron Victorian footstool.. ........, ........,....,.., .......... ..,..,.... .......,....,.. ...",....." ..$95.00
6 Mise, pieces including Noritake, 2 oriental style figures, ,..........................SI40,OO
Hummel figurines, "Stornty Weather..,..Goose Girl", NTBA
Bedroom #1 . Rose chair and ottoman ................"......"..""....,......,,,,,....,.....,,,,......,......,..S350,OO
RCA TV, XL.IOO ...."..................."....,....................................."...."........,$125,00
Andrea Chinese style plate, NTBA
Needlepoint cards, framed ""',' "," """"",..'""" ""..'""""."..',.', ,....' """"",,$70,00
Cell phone"",...,.".."""""",.""",...".",.""""..""..""""""""",,',,",.,""",.. ,$1 00,00
Walkie talkies ,..", "'" ,,""" """,.,.."",.."" ,,' ",.., ",..,..".."""",..""",.."",..".,,$1 50,00
Hall- RS Germany vase ..,....,....",..".............,..........,..",,,......,,,,......................,,..,$65,00
Tinfoil picture ,..'"....""", ""..."'..,,, "..", """,..". ",..',....",.."..., """.."",.., ,..,$45,00
Bedroom #2 . NTBA, daughter's
Bedroom #3. NTBA, son's
Bath. No changes
Basement - No changes
Grill Room. All items noted NTBA remain NTBA, except:
Mahogany table"".."",..""..""""""""""""""""..,.."".",.."""""""""""., ,$45,00
Shelves - Satin quilt ..........,............"...."....""..""....".....""....",................,,$95,00
Sliver plated plateau ,,,,,,......,,........,....,........,,....,,,.............,,,,,..........$25,00
Back Room -All items noted NTBA remain NTBA
Garage. All items noted NTBA remain NTBA
Additional items appraised:
Chrystal chandelier in dining room ,..................,......,....,....",......""""..........$800,00
Chinese style area rug in entry """....".......""..""..,............"....,......",,,..,,,,,,$375,00
3 panel wood screen with spindles & panels in office ........".."....".......".."..$95,00
Iron stand with artificial planl in office ,,,............................................,,,....,..$50,00
Rose chair and ottoman in Bedroom # I, as previously noted
Full length blue fox white fur coat ................,,,.............,,..,,.......,,,........,......$2000,00
Platinum setting 5 diamond ring, approx 2 ct. total, "Tiffany's" ",.............,..,$2750.00
White gold approx, 3/4 ct. diamond ring ,............,..............,..............,......,..,$800,00
18 K plain white gold ring ....,..........,..............,..........,....,....,....,...................$80,00
fUI
,
.
Hoping this appraisal will be helpful to you, I ask that you phone if you have any qUestio~ 7 you
fu"."...." oreM" ,,,hi. m.lI" .., ::::""0 w~ ]' i; ~ '
William W, Hobbie 1 n ~?) ()
Hobbie Auctioneers '
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. I MIIrllld nllllll HIlI'.I. IIlltn. ~"l" .~o,;..'. SSN...,... .11<1:".",. '"" ,. (LAHAR GILCHUH
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SHIRLEY L. GILCHRIST,
Plaintiff
VIJ.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96 - 3342 CIVIL
R, LAMAR GILCHRIST,
Defendant
IN DIVORCE
AND NOW, this
1999, the economic claims raised in
been
,
resolved in accordance with a marital settlement aqreement dated
May 5, 1999, the appointment of the Master is vacated and
counsel can file a praecipe'transmittinq the record to the Court
requestinq a final decree in divorce.
Maxine K, Lewis
Attorney for Plaintiff
Bradley L. Griffie
Attorney for Defendant
r, P.J.
co:
) COf,i;:s, m~lltut .s-)"ff,'i'":rp/,
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SBIRLI:Y L GILCHRIST
Plafatllr
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COlJNTY.
PENNSYLV ANL\
,
.
VI.
: NO. 96-3341
R. LAMAR GILCHRIST
HadaDt
.
.
: CIVD... ACflON . LAW
: IN DIVORCE
MARITAL SE1TLEMENT AGREEMENT
SBT'l'L1DmNT AGRBBMKNT
'J?f
THIS AGREEMENT, made this -5..:.. day of /t"JA 'f
19!J9, by and between SHIRLEY L, GILCHRIST, ("Wife") of Carlisle,
Cumberland County, Pennsylvania and R, LAMAR GILCHRIST, ("Husband")
of Catop Hill, CUmberland County, Pennsylvania.
WIT N B S S B T II:
WHEREAS, the parties hereto are Husband and Wife, having
been married on November 22, 1969 in CUmberland County,
Pennsylvania; and
WHEREAS, Wife has filed an action in Divorce in the Court
of Common Pleas, CUmberland County, Pennsylvania docketed at No.
96-3342; and
WHEREAS, by this Agreement, the parties have intended to
effectuate and equitably divide their marital property; and
WHEREAS, divers6 unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of Husband and Wife to live separate and apart for the
rest of their natural lives, and the parties hereto are desirous of
settling fully and finally their respective financial and property
rights and obligations as between each other including, without
limitation by specification: the settling of all matters between
them relating to the ownership and equitable distribution of real
and personal property; the settling of all matters between them
-1-
relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in
general, the settling of any and all claims and possible claims by
one against the other or against their respective estates.
NOW THEREFORE, with the foregoing recitals being
hereinafter incorporated by reference and deemed as an essential
part hereof and in consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for
other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties hereto, Husband and Wife, each
intending to be legally bound hereby, covenant and agree as
follows:
1, AGRBBMBNT NOT A BAR TO D:rvORCB PROCBBDDlG.
This Agreement shall not be considered to affect or
bar the right of Husband or Wife to a limited or absolute divorce
on lawful grounds if such grounds now exist or shall hereafter
exist or to such defense as may be available to either party. This
.
Agreement is not intended to condone and shall not be deemed to be
a condonation on the part of either party hereto of any act or acts
on the part of t.he other party which have occasioned the disputes
or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof, The parties intend to secure
a mutual consent, No-Fault Divorce pursuant to the terms of Section
3301(C) of the Domestic Relations Code of 1990 and to that end each
-2-
is executing an Affidavit of Consent at the time of the execution
of this Marital Settlement Agreement.
2. BFFBCT OF DIVORCB DBCREB.
The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and
effect after such time as a Final Decree in Divorce may be entered
with respect to the parties.
3 . AGRBlDmN'r TO BB INCORPORATIm IN DIVORCB DIrCRllB.
The parties agree that the terms of this Agreement
shall be incorporated but not merged into any Divorce Decree which
may be entered with respect to them. The parties understand and
agree that this Agreement shall survive any such final judgment or
Decree of Divorce and shall be independent thereof and the
incorporation of this Agreement into any Divorce Decree is for
purposes of enforcement only.
4 , DATB OF II!Y1l!CUTION.
The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which it is executed by
the parties if' they have each executed the Agreement on the same
date. Otherwise, the "date of execution" or "execution date" of
this Agreement shall be defined as the date of execution by the
party last executing this Agreement.
5. DISTRIBUTION DATE.
The transfer of property, funds and/or documents
provided for herein shall only take place on the "distribution
-3-
date" which shall be defined as the date of execution of this
Agreement unless otherwise specified herein.
6. PrNANCIAL DISCLOSURE.
The parties confirm that each has relied on the
Rubstantial accuracy of the financial disclosure of the other, as
an inducement to the execution of this Agreement.
7. ADV1:SB OP COONSBL.
The provisions of this Agreement and their legal
effect have been fully explained to the parties by their respective
counsel, MAXINE KAY LEWIS, ESQUIRE, for Plaintiff, and BRADLEY L,
GRIFFIE, ESQUIRE of GRIFFIE & ASSOCIATES, for Defendant, The
parties acknowledge that they have received independent legal
advice from counsel of their selection and that they fully
understand the facts and have been fully informed as to their legal
rights and obligations and they acknowledge and accept that this
Agreement is, under the circumstances, fair and equitable and that
it is being entered into freely and voluntarily, after having
received such advice and with such knowledge and that execution of
this Agreement. is not the result of any duress or undue influence
and that it is not the result of any collusion or improper or
illegal agreement or agreements.
8. DISCLOSURE AND WAIVER OP PROCBDURAL RIGHTS.
Both parties understand they have the right to have a
Court hold hearings and make decisions on the matters covered by
this Agreement, Both parties understand that a Court decision
-4 -
concerning the parties' respective rights and obligations might be
different from the provisions of this Agreement.
Both parties waiver the following pro~edural rights:
a. The right to have the Court determine which
proptirty is marital and which is non-marital and equitably
distribute between the parties that property which the Court
determines to be marital.
b, The right to have the Court decide any other
rights, remedies, privileges, or obligations covered by this
Agreement, including but not limited to possible claims for
divorce, spousal support, alimony, alimony pendente lite, counsel
fees, costs and expenses,
9. PERSONAL RIGHTS.
Husband and Wife, may and shall, at all times
hereafter, live separate and apart, They shall be free from any
control, restraint, interference or authority, direct or indirect,
by the other in all respects as fully as if they were unmarried,
They may reside at such place or places as they may select, Each
may, for his o~ her separate use or benefit, conduct, carry on and
engage in any business, occupation, profession or employment which
to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or malign each other or the respective
families of each other nor compel or attempt to compel the other to
cohabit or dwell by any means or in any manner whatsoever with him
or her.
-5-
10. MUTD'AL RBLBASBS.
Husband and Wife each do hereby mutually remise,
release, quitclaim and forever discharge the other and the estate
of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situate, which he or
she now has or at any time hereafter may have against such other,
the estate of such other or any party thereof, whether arising out
of any former acts, contracts, engagements or liabilities of such
other or by way of dower or curtesy, or claims in the nature of
dower or curtesy or widow's or widower's rights, family exemption
or similar allowance, or under the intestate laws, or the right to
take against the spouse's will; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a
surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any State,
Commonwealth o~ Territory of the United States, or (c) any other
Country, or any rights which either party may have or at any time
hereafter have for past. present or future support or maintenance,
alimony, alimony pendente lite, counsel fees, equitable
distribution, costs or expenses, whether arising as a result of the
marital relation or otherwise, except, and only except, all rights
and agreements and obligations of whatsoever nature arising or
which may arise under this Agreement or for the breach of any
-6-
. .
provision thereof, It is the intention of Husband and Wife to give
to each other by the execution of this Agreement Q full, complete
and general release with respect to any and all property of any
kind or nature, real, personal or mixed, which the other now owns
or may hereafter acquire, except and only except all rights and
agreements and obligations of whatsoever nature arising or which
may arise under this Agreement or for the breach of any provision
thereof.
11, PERSONAL PROPERTY,
A. PURNl:TURB AND PURNl:SBINGS
The parties make the following disposition culd
settlement with respect to their, furniture and furnishings:
a) Husband agrees that the following items of
personal property located at 300 North 28th Street, Camp Hill,
Pennsylvania shall constitute the sole and exclusive property of
Wife:
Pine knick-knack shelf
Teal suitcase
Six sterling coffee spoons
~ Hummel figurines (equal sizes/qualities)
,Box 16 cups & saucers, English bone china
Box 15 cups, apple glass dishes
Picnic basket with contents
Green hand garden tool-edger
White ceramic cat (on hearth)
Kaleidoscope with marbles & wooden base
Hammock with frame
Oriental rug
b) Wife agrees that all the furniture,
furnishings, household goods and appliances and other items of
personal property, excepting only the items enumerated in
-7-
, .
subparagraph (a) above presently located at the marital home shall
be the sole and exclusive property of Husband.
c) In consideration of Wife's waiver and
relinquishment of the remaining personal property located at 300
North 28'" Street, Camp Hill, Pennsylvania, Husband shall pay to
Wife the sum of Seven Thousand ($7,000,00) Dollars in cash, or by
certified check at the execution of this Agreement
d) The parties hereby agree that, as to all
personal property not specifically mentioned herein, which are
presently titled in the sole name of one of the parties hereto or,
if untitled, are presently in the sole possession of one of the
parties hereto, the party not having title thereto or possession
thereof hereby waives, relea&es, relinquishes and forever abandons
any and all claims therein, and acknowledges that the party having
title or possession of such items shall be the sol~ and exclusive
owner thereof.
B. AUTOMOBrLBS.
With respect to the motor vehicles owned by one or
both of the p,arties, Husband and Wife hereby waive, release,
relinguish and abandon any and all claims therein to any automobile
titled to or in the possession of the other party. Titles to
automobiles shall be executed by the parties, if appropriate, for
effecting transfer as herein provided, on the date of the execution
of this Agreement.
C, BUSINESS.
Wife hereby waives any right, title and/or interest
-8-
that she may have in CUstomized Tours by Gilchrist.
D) SPR:IH'1'/ALLTBL STOCXS
The parties agree to divide equally all jOintly-
titled SPRINT and ALLTEI. shares of stock. The parties shall retain
the SPRINT and ALLTEL shares of stock presently in their individual
names, In the transfer of securities to the parties, the parties
shall file any subsequent federal tax filings using an "average
cost basis" for the stocks that they subsequently own in individual
names through the distribution provided herein.
B) SToas. BONDS, IHVltSTMBNTS AND OTHER SECURITIES
The parties agree to divide all jOintly-titled
stocks, bonds, investments and other securities, The parties agree
to a specific assignment and division of the accounts with SMITH-
BARNEY BALCOR, DEAN WITTER and WHEAT FIRST as follows: Wife shall
receive title to securities having a value as of the date of
transfer of $46,375,86, In the transfer of securities to the
parties, the parties $hall file any subsequent federal tax filings
using an "average cost basis" for the stocks that they subsequently
own in individual names through the distribution provided herein.
P) 401 Utl
The sum of $39,517.11 plus actual interest and
dividends earned on this sum from December 31, 1995 to the date
that said funds are actually segregated to Wife as Alternate Payee
and carried in her name on the Book of the SPRINT 401(k) Plan,
shall be assigned to Wife pursuant to a Qualified Domestic
-9-
.. ~ __<>_i
Relations Order, Husband, as participant, shall retain the
remainder of the 401(k) account balance together with all interest
and dividends earned thereon.
0) DIlAH w'I'I,"l'BR IRA ACCOUNT
The sum of $55,791. 23 plus actual interest and
dividends earned on this sum since December 31, 1995 to the date
that said funds are actually segregated to Wife as Alternate Payee
and carried in her name on the Book of the Dean Witter IRA Account
shall be assigned to Wife pursuant to a "rollover" IRA. Husband,
as participant shall be awarded the remainder of IRA account
balance together with all interest and dividends earned thereon.
H. PENSION
The parties agree that Wife shall be awarded Four
Hundred Sixty-Two and 64/100 ($462,64) Dollars of Husband's monthly
pension benefit with the SPRINT Pension Plan through the vehicle
of a Qualified Domestic Relations Order.
Further, within fifteen (15) days of execution of
this Agreement by both parties, Husband shall compensate Wife the
sum of $462.64, per month by cash or certified check for each and
every month from January 1, 1996 to date, and shall continue such
payments until such time as Wife begins receiving a direct
disbursement from Husband's Sprint Pension Plan in this amount
pursuant to the Qualified Domestic Relations Order being prepared
for submission in the parties' divorce case. It is acknowledged
that Husband has paid spousal support or maintenance in the amount
of $400.00 per month since the time of the parties; separation
-10-
(approximately January 1, 1996) through May 31, 1999. Husband
shall receive credit for these $400.00 payments against the $462.64
due herein. Therefore, there is remaining, due and owing to Wife
from Husband, the sum of $62,64 per month for each month from
January 1, 1996 through May 31, 1999, a period of 41 months. Thus,
within fifteen (15) days of execution of this Agreement as provided
for herein, Husband shall compensate Wife the sum of $2,568.24 in
cash or certified check which shall then bring Husband up to date
through May 31, 1999 with respect to any claims for spousal support
or maintenance, as well as any claims against Wife's portion of
Husband's Sprint Pension Plan.
Beginning June 1, 1999 and continuing for each successive
month thereafter until such time as Wife receives direct payment
from the Sprint Pension Plan in the amount of $462.64, Husband
shall pay the sum of $462.64 directed to Wife on the first of each
and every month or contemporaneously with his receipt of his
monthly Sprint Pension Plan disbursement.
The parties agree that they will each be the
irrevocable beneficiary for the other under the SPRINT Pension
Plan,
I, OTHER ASSETS.
The parties hereby waive any right, title and/or
interest that they may have in any other asset owned by the other
party or in which the other party has an interest including but not
limited to any checking accounts, savings accounts or credit union
-11-
shares,
12. APTER-ACQUIRED PKRSQNAL PROPBRTY,
Each of the parties shall hereafter own and enjoy,
independently of any claim or right of the other, all items of
personal property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same as
fully and effectively, in all respects and for all purposes, as
though he or she were not married.
13 . REAL ESTATE,
The parties make the following disposition and
settlement with respect to their jointly-owned real estate:
i. On the execution date of this Agreement..
Wife shall make. execute and deliver all documents in the usual
form conveying. transferring and granting to Husband all of her
right. title and interest in and to the real estate situate at and
known as 300 North 28th Street, Camp Hill, Cumberland County.
Pennsylvania and in consideration of said transfer. Husband shall
p~y to Wife the sum of Seventy-two thousand ($72.000,00) Dollars in
cash or by cert.ified check. The said conveyance shall be under and
subject to any existing mortgages and liens and any covenants and
restrictions of record.
ii. Husband agrees that he shall be solely
responsible for all past, present and future expenses or
liabilities associated with or attributable to maintaining the
marital residence including but not limited to all taxes, mortgage
payments, insurances I repairs and utilities, Husband further
-12-
3grees to indemnify Wife and to hold her harmless for any and all
liabilities in connection with said real estate.
iii. Husband warrants that there are no liens
or encumbrances against the marital residence with the exception of
the existing first mortgage held by CUNA MORTGAGE CORPORATION in
the approximate amount of Forty-Seven Thousand ($47,000,00)
Dollars. Husband further agrees to take all steps necessary to have
any mortgage on the property transferred into his name alone.
Until such time that Wife's name is removed as a Mortgagee. Husband
shall keep and maintain an adequate amount of insurance on his life
in a face amount of not less than the then remaining mortgage
balance for so long as he owns the marital residence and a mortgage
thereon exists in the joint names of Husband and Wife.
iv. Further. Husband agrees to pay to Wife at
settlement the sum of Seven Thousand Three Hundred ($7,300.00)
Dollars in cash or by certified check representing Wife'S share of
the fair market rental value of Husband's travel business office
located at the marital residence.
v. Husband acknowledges that other real estate
titled in Wife's name is nonmarital, Wife having inherited said
real estate or having purchased said real estate subsequent to
separation.
14 , ALIMONY. ALIMONY PENDENTE I.ITE. SPOUSAL SUPPORT.
(a) Husband agrees to pay to Wife the sum of Three
Hundred and Eighty-Five ($385.00) Dollars per month as alimony,
commencing on the first day of the month following the entry of a
-::.J -
Decree in Divorce and continuing for a period of twenty-four (24)
months. Husband agrees that the amount and duration of alimony
shall not be modified for any reason and he releases any rights he
may have to seek modification with respect to the provisions of
this paragraph.
(b) Except for the provisions of this Agreement, the
parties hereby expressly waive, discharge and release any and all
rights and claims which they may now or hereafter have by reason of
the parties' marriage to alimony, alimony pendente lite, support or
maintenance.
The parties do hereby waive and surrender any other
rights and/or claims they may have to interim.or final alimony,
alimony pendente lite and spousal support,
15. ATTORNEY'S PEBS AND COSTS.
The parties do hereby waive and surrender any rights
and/or claims they may have to interim or final attorney's fees,
costs and expenses.
16. PAYMENT OF MARITAL DEBTS.
'During the course of the marriage, the parties
incurred certain bills, obligations and debts, Wife agrees to pay
to Husband the sum of $5,650.24 as her share of marital debt.
Husband agrees that he shall be solely responsible for any marital
debt inClUding but not limited to lines of credit, credit card
obligations, charge card obligations and any liabilities on joint
federal, state or local income tax returns heretofore or hereafter
filed jointly by the parties. Husband agrees to indemnify and hold
-14-
j
1
, ,
Wife harmless from any claim or expense arising out of such
indebtedness, Husband shall immediately forward to Wife a copy of
any deficiency notice or other correspondence received by him from
the Internal Revenue Service or the Pennsylvania Department of
Revenue concerning tax years for which a joint return has been
filed, Husband further agrees to take all necessary steps to have
,
Wife's name removed from any joint indebtedness.
17. WARRANTIES TO EXISTING OBLIGATIONS.
Each party represents that he/she has not incurred
or contracted f.or any debt or liability for which the estate of the
other party may be liable, except as identified and provided for in
this Agreement. Each party agrees to indemnify the other party
from and against any such debts or liabilities, including those for
necessities, except for the obligations arising out of this
Agreement.
18. WARRANTIES AS TO ~u.uKE OBLIGATIONS.
Husband and Wife each covenant, warrant represent
and agree that each will now and at all times hereafter save
harmless and k~ep the other indemnified from all debts, charges and
liabilities incurred by the other after the execution date of this
Agreement, except as may be otherwise specifically provided for by
the terms of this Agreement and that neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable.
-15-
, .
19. WAIVER OR MODIPICATION TO BB IN WRITING.
No modification or waiver of any of the terms hereof
shall be valid unless in writing and signed by both parties and no
waiver of any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature,
20. BROCH.
It is expressly stipulated that if either party
fails in the due performance of any of his or her obligations under
this Agreement, the other party shall have the right at his or her
election to sue for damages for breach thereof, to sue for specific
performance, or to seek any other legal remedies as may be
available and said other party shall have the right to recover his
or her reasonable legal fees and expenses for any services rendered
by his or her attorney,
21. MUTUAL COOPBRATION.
Each party shall, at any time and from time to time
hereafter, take any and all steps and execute, acknowledge and
deliver to the other party any and all further instruments and/or
documents that. the other party may reasonably requirl3 for the
purpose of giving full force and effect to the provisions of this
Agreement.
22. LAW OP PENNSYLVANIA APPLICABLE.
This Agreement shall be construed in accordance with
the laws of the Commonwealth of Pennsylvania.
-16 -
, ,
23. AGRBIDlENT BINDING ON HEIRS.
This Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
24. INTBGRA~ION,
This Agreement constitutes the entire understanding
of the parties and supersedes any and all prior Agreements and
negotiations between them. There are no representations or
warranties other than those expr~ssly set forth herein,
25, OTHBR DOctlMBNTATION,
Husband and Wife covenant and agree that they will
forthwith (and within at least ten (10) days after demand therefor)
execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper effectuation of this
Agreement, and as their respective counsel shall mutually agree
should be so executed in order to carry out fully and effectively
the terms of this Agreement.
26 , NO WAIVER OP DEPAULT.
This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no
way affect the right of such party hereafter to enforce the same,
nor shall the waiver of any breach of any provision hereof be
-17-
, .
construed as a waiver of any subsequent default of the same or
similar nature, nor shall it be construed as a waiver of strict
performance or any other obligations herein.
27, SBVBRABILITY,
If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in
law or otherwise, then only that term, condition, clause or
provision shall be stricken from this Agreement and in all other
respects this Agreement shall be valid and continue in full force,
effect and operation, Likewise, the failure of any party to meet
her or his obligations under anyone or more of the paragraphs
herein, with the exception of the satisfaction of the conditions
precedent, shall in no way void or alter the remaining obligations
of the parties.
28. R1l!ll.DINGS NOT PART OP AGREEMBNT.
Any headings preceding the text of the several
paragraphs and subparagraphs hereof are inserted solely for
convenience of reference and shall not constitute a part of this
Agreement nor shall they affect its meaning, construction or
effect.
IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have set their hands and seals to this
-18-
. ,
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OFdAvphfA......, .
ON THIS, the ~
SS.
day of
~ . "".
fO'::' above County and
before me, a Notary Public in and
Commonwealth of Pennsylvania, personally appeared SHIRLEY L,
GILCHRIST, known to me to be the person whose name is subscribed to
the within Agreement and acknowledged that she executed the saffie
for the purposes therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and
official
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF
tvJ;,d~I....: :
55.
ON THIS, the .s-d:.
day of -Ll a
in and for e
, 1999,
above County and
before
me, a Notary Public
Commonwealth of Pennsylvania, personally appeared R. LAMAR
GILCHRIST, known to me 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 have hereunto set my hand and
official seal.
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No Public
My commission expires:
NoeIriIII s.I
Aallln J. GoIhom. H*y PubIc
". CadIIIe BallI, CInbeIIIIId CcunIy
,MyCoqlnlalon EllplNI A{'Ir. 17.2003
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SHIRLEY L. GILCHRIST,
Plaintiff
OI4qI~
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs,
: CIVIL ACTION - LAW
R, LAMAR GILCHRIST,
Defendant
: NO, 96-3342 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW this J / ~ r day of D-'.{ILml )HA) , 1999, the attached
Qualified Domestic Relations Order is approved by this, the Court of Common Pleas of
Cumberland County, Carlisle, Pennsylvania, pursuant to the request of the parties,
BY THE COURT,
1st! i CJr- &11, J.
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NOW THEREFORE, IT IS ORDERED AND DECREED AS FOLLOWS:
,.
,
1. Intent of parties, The parties intend f(1r tbis Order to constitute a "Qualified
Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of
1986, as amended,
2. The PllIn, This Order applies to thc following qualilicd retirement plan:
Sprint Retirement Pension Plan (hercinaftcr rcfcrrcd to liS the "Plan"), The Plan is an
employee pension plan qualificd under Scclion 401(a) of the Codc und subject to ERISA.
3. Identity of Partieipant. R. Lamar Gilchrist, social security number 199.34.
7876 (hereinafter referred to as "Participant") is a participant in the Plan. Participunt's
date of birth is August 2, 1945, his last known mailing address is 300 North 28'h Street,
Carnp Hill, Pennsylvania 17011-2801.
4, Identity of Altemate Payee, Shirley L. Gilchrist, social security nurnber 160-
38-4655 ( hereinafter referred to as "Altemate Puyee") is the Participant's spouse, being
married on Novernber 22, 1969, Altemate Payee's date of birth is Septernber 23, 1946
and her last known mailing address is 163 D Street, Carlisle, Pennsylvania 17013.
5. Jurisdiction A portion of the Participant's account in the Plan is rnarital
property subject to the distribution by this Court of Cornmon Pleas of Cumberland
County, Pennsylvania, the Court of jurisdiction over the parties pending divorce
proceedings.
6, Survivor Benefits, Participant is in pay status relative to receipt of funds from
the Plan and has elected a distribution from the Plan that provides for a Survivor Benefit.
Participant and Altemate Payee shall each be ihe irrevocable beneficiary for the other
under the PllIn, This scleclion is acknowledged by the parlics,
7. Arnount to be paid to Alternate Payee, At such time as specified herein under
in paragraph 8 of this Order, the Plan shall pay to the Altemate Payee the SlIm of FOUR
HUNDRED SIXTY. TWO and 64/100 ($462,64) DOLLARS from each monthly payment
otherwise being paid to the Participant, thus reducing the amount of the payments to the
Participant. No payment will exceed the amount the Participant would otherwise be
entitled to.
8. Time of Payment. The assignment set forth hcreinbefore in paragraph 7 will
become effective with the next available monthly payment aftcr this Order has been
received and honored by the Plan Administrator,
9, Manner of Payment. Participant shall have the exclusive right to detennine
the fonn in which benefits will be distributed from the Plan under this Order, It is
acknowledged that Participant is in pay status relative to his receipt of benefits from the
Plan and, therefore, has already acknowledged or selected the fonn of the benefit and
other rights available to him at the time of his retirement. Surns received from the Plan
by Participant and Altemate Payee shall be subject to applicable federal, state, and local
taxes such that the party receiving the benefit shall be responsible for any tax
consequences due to their receipt of their portion of the benefit.
10, Death of Alternate Payee, If the Altemate Payee dies before the Participant,
payments as outlined in paragraph 7 will revert to the Participant, to continue for his
lifetime only,
II. Death of Participant. Payments as outlined in paragraph 7 shall be made to
the Alternate Payee only for the life of the Participant. Upon the Participant's death, no
further payment shall be Illade under this QDRO. Any benefits to which the Altemnte
Payee may be entitled following the Participant's death shall be dictated solely by the
selection made by the Participant at the time of his retirernent for a survivor benefit
annuity or spousal allowance, naming Alternate Payee as thc irrevocable bcneficiary or
survivor,
12, Administration of the Order, A copy of this Ordcr shall bc served upon the
Plan Administrator, The Plan Administrator shall dctcrminc, within II reasonable period
of time afier the dclivery of this Order, whether the Ordcr is a Qualified Domestic
Relations Order within the rneaning of Section 414(p) of the Code and Section 206(d) of
ERISA (QDRO), The Participant, thc Altcrnatc Payee, and the Court intcnd this Order to
be a QDRO, The parties agree that their rnutual intent is to provide the Alternate Payee
with a benefit under the Plan that fairly represents the Altcmate Payee's rnarital share of
the benefits as described under paragraph 7, If this Order is determined not to be a
QDRO, the Plan Administrator shall inform the parties of the reasons for that
determination, The Court retains jurisdiction to amend thc Order for purposes of
establishing its status as a QDRO and the parties hereby agree to subrnit to and request
the Court to modifY the Order to make it a QDRO in such a manner that will reflect the
pal tics' intelt!.
\3, Rillhts of the Parties, The assignment under this Order shall be permllnent.
Except as provided for in this QDRO, from the date of this Order (assuming it is
determined to be a QDRO) and thereafier, the Participant shall h~ve no further right or
interest in the portion of the Participant's accrued benefit under the Plan which is
IIssigncd to thc Altcmate Payee pursuant to paragraph 7 above, and the Altcrnate Payee
shall have no further right or interest in the portion of thc Participant's accrued benefit
.
under the Plan which is not assigned pursuant to paragraph 7 above. Nothing in this
Order sholl restrict the Participant's ability to obtain a distribution under the Plan or
designate 0 beneficiary under the Plan, with respect to the Participant's remaining
accrued benefit determincd after the assignment to the Altemate Payee. However, it is
acknowlerlged by 011 parties that Participant has already mode an irrevocable election as
to the foml of payment, as ouilincd under paragraph nine above,
14, Remarriallc, The rernarriage of the Alternate Payee or the Participant shall
not affect their prospective receipt of benefits as provided for in paragraph 7 above nor
any other aspects of implementation of the QDRO,
15. Information fumishcd to the Alternate Paycc, The Plan Administrator shall
treat the Altcrnate Payee as a distributce of thc Plan for purposes of all notices and
election opportunities provided by the Plan to its participants. The Plan Administrator
shall providc the Altemate Payee with annual rcports and such other information as is
fumished to parti..:ipants in the Plan, The Altemate Payee should advise the Plan
Administrator in writing of any change of name or address or any material fact which
may affect the Altemate Payee's entitlement to benefits assigned undcr this Order.
16. Restrictions on ODRO, This Order sholl not require the Plan to approve or
provide any typc or form of bencfit, or option not othcrwise provided under thc Plan: or
require the payrnent of any bencfits to thc Altematc Paycc which are required to be paid
to another Alternate Payee under another Order prcviously determined to be a Qualified
Domcstic Relations Order; or require thc Plan to provide increased benefits which rcsult
for future contributions to the Plan. Any provision of this Order which appears to be
.
otherwise shall be null and void and have no effect. In no event sball the Altemate Payee
have any greater rights than those provided to the Participant under the Plan,
17, Plan Administrator The Plan Administrator is: Corporate Benefits
Administrator, 9393 West IIOlll Street, 6111 Floor, Overland Pork, KS 66210-1470, Upon
approval by the Participant, Alternate Payee, and the Court, this Qualified Domestic
Relations Order shall be immediately forwarded to the Plan Administrator for review and
approval.
IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED
DOMESTIC RELATIONS ORDER, AS SUCH, AS DEFINED UNDER SECTION
414(P) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED,
WITNESS:
, Ie, Esquire
J-j'l/'l'J
Oat
il Lg~
R. Lamar Gilchrist '
0L.i~~.J
Shirley L. G' hrist
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF &t .~J.
On this the I 'i t6 day of ./b Ih~ II/.It
SS
. 1999, before me, the undersigned
officer, personally appeared R, LAMAR GILCHRIST, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within Qualified Domestic
Relations Order and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal
NotarllllSoaI
Robin J, GOIhom, NotaJy Public
Ca~lslI Bolo, Cumbll1and County
My Commission e.pll9s Apr, 17. 2003
')
/X#~~"i ALMlUA'_
COMMONWEALTH OF PENNSYLVANIA
,
COUNTY ~I/~Vrt.
On thia the Jrt^ day of i;1b I , 1999, before me, the undersigned
officer, personally appeared SHIRLEY L, GILCHRIST, known to me (or satisfactorily
SS
proven) to be the person whose name is subscribed to the within Qualified Domeatic
Relations Order and scknowledged that she executed the same for the purposes therein
contained,
IN WITNESS WHEREOF, I hereunto set my
seal.
\
Notarial Seal
Lis. A, Alcl, Notary Public
HarrisbUrg, DauptoIn County
My Commission e.pllls Oct. 10, 2002
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SHIRLEY L. GILCHRIST,
Plainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LA W
vs,
R. LAMAR GILCHRIST,
Defendant
NO, 96-3342 CIVIL TERM
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
WHEREAS, R, LAMAR GILCHRIST, ("Participant") and SHIRLEY L,
GILCHRIST, ("Altemate Payee) have agreed to a division of marital property, which
Agreement has included provision for a distribution from the Participant's account in the
SPRINT Rctircment Savings Plan, a 401(k) Plan ("Plan"); and
WHEREAS, this Qualificd Domestic Relations Order (hcreinaftcr rcferrcd to as
the "Order") provides for the division and disposition of the marital componcnts of the
Participant's account in the Plan, which is a bcncfit plan sponsorcd through Participant's
prior cmployment with Sprint Corporation, of 9393 West II O'h Street, 6,h Floor, Overland
Park, Kansas; and
WHEREAS, Participant intcnds to grant the Alternatc Payee rights to such
benefits in such amounts on the tenns and conditions prescribcd hereinaftcr as provided
for in the Plan; and
WHEREAS, this Order is intended to be a Qualified Domcstic Relations Order
(hereinafter "QDRO"), as that term is defincd in Section 404(p) of the Intemal Revenue
Codc and Section 206(d)(3) of ERISA.
NOW THEREFORE, IT IS ORDERED AND DECREED AS FOLLOWS:
1, The partics intend for this Order to constitute a "Qualified Domestic Relations
Order" as defined in Section 414(p) oflhe 1nlernal Revcnue Code of 1986, as amended,
"
2, This Ordcr applics to thc following qualified rctircmcnt plan: SPRINT
Rctircmcnt Savings Plan, a 401 (k) Plan ("Plan"),
3, R. LAMAR GILCHRIST, social sccurity nurnbcr 199-34-7876, (hereinafter
rcferrcd to as "Participant") is a participant in thc Plan. Participant's datc of birth is
August 2, 1945 and his currcnt and last known ma;)ing addrcss is 300 North 28'h Street,
Camp HiII,l'cnnsylvania 17011.
4, SHIRLEY L. GILCHRIST, social security nurnbcr 160-38-4655, (hcrcinafter
rcfcrrcd to as "Altcrnatc Paycc") is thc Participant's spousc. Altcmatc Payec's datc of
birth is Scptcmbcr 23, 1946 and hcr currcnt and last known mailing addrcss is 163 D
Strcet, Carlislc, Pennsylvania 17013,
5. Participant's account in thc Plan is rnarital propcrty subJcct to thc distribution
by thc Court of Common Picas of Cumbcrland County, Pcnnsylvania. Effcctive
immcdiatcly upon rcccipt of this QDRO, and honoring as such by thc Plan Administrator,
thc sum of THlRTY.NINE THOUSAND FIVE HUNDRED SEVETEEN AND /I/JOO
($.19,5/7.//) DOLLARS, togethcr with actual intcrcst and dividcnds camcd on this sum
from Dcccmbcr 31, 1995 to thc datc of honoring and implcmcntation of this QDRO, shall
bc scparatcly dcsignated in thc Plan as Altcmatc Paycc's solc bcncfit or account. Thc
amount to be rolled over frorn thc Participant's account to an account designated for
Altcmatc Payee is non-taxablc as an authorizcd roll-ovcr Participant's namc to Altemate
Payce's namc for a pcriod of 120 days from irnplcmcntation of this Order by thc Plan
Administrator. Within thc 120 day timc pcriod, Altcmatc Paycc shall designatc for the
Plan Administrator thc shcllcr plan or account into which she wishcs to placc or roll-ovcr
thesc funds, at which timc the funds shall bc trDnsfonncd or rollcd-ovcr as rcqucsted.
If the Alternate Payee fails to elect the distribution within 120 days of the date of
the acceptance letter, the amount assigned under the Order shall be paid, as soon as
practicable, to the Alternate Payee, Such distribution shall be made in cash with applicable
withholding for federal income taxes,
6, This Order does not require the Plan to provide any type of form of benefit, or
option not otherwise provided under the Plan; or require the payment of any benefits for
the A1temate Payee which are required to be paid to another A1temate Payee under
another Order previously determined to be a Qualified Domestic Relations Order; or
require the Plan to provide increased benefits which result from future contributions to the
Plan, Any provision of this Order, which appears to be otherwise shall be null and void
and have no effect.
7. In no event shall the A1temate Payee have a greater right than those which are
available to the Participant,
8. Upon the death of either the Participant or the Alternate Payee, following
implementation of this QDRO, neither party shall be entitled to any benefit or rights in the
other parties' share or portion of the Plan or benefits received therefrom,
9, To the extent permitted by the Plan and Section 414(p) of the Code, the
A1temate Payee may designate a beneficiary to receive payment of the A1temate Payee's
remaining int~rest in the Plan, if any, upon the A1temate Payee's death, Any such
beneficiary designation shall be made without regard to any designation by the Participant
12, The Court of Common Pleas of Cumberland County, Pennsylvania ahall retain
jurisdiction for enforcement purposca and to make any changes In this Order to the extent
required to C8I1) out the intent of the parties as evidenced by their affirmations In their
Separation and Property Settlement Agreement,
IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED
DOMESTIC RELATIONS ORDER AS SUCH AS DEFINED UNDER SECTION
414(p) INTERNAL REVENUE CODE OF 1986, AS AMENDED. The court retains
jurisdiction to amend this Order as might be necessary to establish or maintain Its status u
a Qualified Domestic Relations Order,
WITNESS:
'~tJ ~
I!~ . .
R, Lamar Gilchrist '
" Ie, Esquire
1~/'1 /1'1
Date '
M.... "Y:' . ~ f1#l-
S/u;J~.,~!lh~
Shirley L,G~th?st
"
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
On this the /4t/J day of 1.111 J/Jul, , 1999, before me, the undersigned
. .
officer, personally appeared R, LAMAR GILCHRIST, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within Qualified Domestic
Relations Order and acknowledged that he executed the same for the purposes therein
contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal
NotariBl S..I
Robin J, Goshorn, NoIaIy Public
Carilsl. 8oro, Cumberiand County
MV Commls.1on E.pl... ApI, 17,2003
./~~;, I.&} ,'(~~
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF~A
On this the ..J.i!:.. day of
SS
1999, before me, the undersigned
officer, personally appeared SHIRLEY L, GILCHRIST, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within Qualified Domestic
Relations Order and acknowledged that she executed the same for the purposes therein
contained,
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
aej(2~
Notarial Seal
w.. A, Rice, Notary Public
Harr18burg, I>euphln Cow1ty
Mv Comml.slOl1 Ellplrel Oct 10,2002
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APR 0 9 2001,tz?
SHIRLEY L. GILCHRIST,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYL VANIA
: CIVIL ACTION . LAW
R. LAMAR GILCHRIST,
Defendunt
: NO, 96-3342 CIVIL TERM
: IN DIVORCE
ORDER OF COUR,'t
AND NOW this 1 tl. day of ~ 'f (' : I
, 200 I, the attached Qualified
Domestic Relations Ordcr is hercby approvcd by this, thc Court of Common Picas of
Cumbcrlund County, Pennsylvania, pursuunt to the rcqucsts ofthc partics, Furthcr, it is Ordered
and dircctcd thut our prior Qualified Domcstic Rclations Ordcr that was entcrcd on Deccmber
21, 1999, is hcreby vacatcd,
BY THE COURT,
J,
~
G~\)9 D\
c<<~ >\,\D' \l~
o ~~
cc:
Shirlcy L. Gilchrist, Plaintiff, pro se
Bradley L. Griffic, Esquirc
Allome)' for Dejimdalll
NOW THEREFORE, IT IS ORDERED AND DECREED AS FOLLOWS:
I. The partics intcnd for this Ordcr to constitutc II "Qualificd Domcstic Rclations Ordcr"
as defined in Section 414(p) of the Internlll Revenuc Code of 1986, as umended,
2. This Ordcr upplies to the following quulified retiremcnt plun: SPRINT Retirement
Savings Plun, u 40 I (k) Plun ("Plun"),
3, R, LAMAR GILCHRIST, sociul security number 199-34-7876, (hcrcinuflcr referred
to us "Participllnt") is u participant in the Plun, Participant's datc of birth is August 2,
1945 and his current and last known mailing address is 300 North 28'h Street, Camp
Hill, Pennsylvania 170 II.
4, SHIRLEY L. GILCHRIST, social security number 160-38-4655, (hereinafler referred
to as "Altemate Payec") is the Participant's spousc, Altcrnate Payee's date of birth is
September 23, 1946 and her current and last known mailing address is 163 D Street,
Carlisle, Pennsylvania 17013,
5, It is the partics' desire, intention, and instruction that thc prior Qualificd Domestic
Relations Ordcr cxccutcd by Participant und Altcmate Payce on Dccembcr 14, 1999,
and August 18, 1999, rcspectivcly, which rcsultcd in the cntry of an Ordcr of Court
dated December 21, 1999, bc vue at cd in its cntirety such that any and all distributions
madc by Plun Administrator into a scpuratc uccount in thc Altcrnatc Paycc's namc
shull irnmcdiatcly be rcscindcd und all funds in any such dcsignated account shall be
rcturned to Participant's Uccounl.
If the Altcrnate Paycc fails to c1CClu distribution within the 120 days from the datc of
the acceptance ICller, thc amount assigncd under the Order shall bc paid, as soon as
practical, to thc Altcrnate Paycc, Such distribution shall bc madc in cash with
applicablc withholding for fcdcral income tax purposcs,
Ii, This Order docs not rcquirc the Plun to providc uny typc of foml of bcncfit, or option
not othcrwisc provided undcr thc Plan; or require the payment of any bcnefits for the
Alternate Payee which are required to be paid to another Altcmate Payee under
another Order previously dctemlincd to be a Qualificd Domestic Relations Ordcr; or
require the Plan to provide increased bcncfits which result from futurc contributions
to the Plan, Any provision of this Order, whieh appcars to be otherwise shall be null
and void and have no effect,
9. In no event shall the Alternate Payce havc a greatcr right than those which are
availablc to the Participant.
10, Upon the dcath of eithcr thc Participant or thc Altemate Payce, following
irnplcmentation of this QDRO, ncithcr party shall be cntitled to any bcnefit or rights
in the other parties' sharc or portion of the Plan or bencfits rcceivcd thcrcfrom,
II. To thc cxtent pcrnlilled by thc Plan and Section 414(1') of the Code, the Altemat,.
Payce may designatc a bcncficiary to rcceivc payment of the Alternate Payee's
remaining intcrcst in thc Plan, if any, upon thc Allcmate Payec's dcath, Any such
bcncficiary designation shall be madc withoul rcgard to uny dcsignation by thc
I'articipullt of a bcncficiary with rcspccl to thc Participant's intercst under the Plan,
In thc abscncc of an cffcctivc bcncliciary dcsignation by thc Altcmatc Paycc, or ifthc
namcd bcncliciary prcdcccascs thc Altcrnatc Paycc, thc amount assigncd undcr this
ordcr shall bc paid to thc Altcmatc Paycc's cstatc.
12, Thc partics shall promptly submit this Ordcr to thc Plan Adrninistrator for
dctcmlination of thc Qualilicd Domcstic Rclations Ordcr. The Plan Adrninistrator is
Corporatc Bcnclits Adrninistrator, 9393 Wcst 110'h Strcct, 6'h Floor, Ovcrland Park,
Kansas 66210-1470,
13. A copy of this Order shall bc rnailcd promptly, rctum rcccipt rcqucstcd, to thc Plan
Administrator. If this Ordcr has bccn prcdctcrmincd by the Plan Administrator to
constitutc a Qualilied Domestic Relations Order, the Plan Administrator shall
promptly carry out its provisions. If this Ordcr has not bccn prcdctermincd by thc
Plan Administrator as a Qualilicd Domcstic Rclations Ordcr, thcn thc Plan
Adrninistrator shall, within a reasonable time after the receipt of this Order,
detcrminc whether this Order is a Qualilicd Domcstic Relations Ordcr and notify both
thc Participant and Altcrnatc Paycc of such a dctermination, Until such time as a
dctcnnination has becn madc, thc Plan Administrator shall comply with all
rcquircments imposed upon it by Scction 414(p)(7) of thc Codc and Section
206(d)(3)(h) of ERISA, If thc Plan Administrator dctennincs that this Ordcr is not a
Qualilicd Domcstic Rclations Ordcr, then hc shull notify the Purticipunt and Altcmate
Payec of such a dctcnninution and reason thcrcforc.
14, The Court of Common Pleas of Curnberland County, Pennsylvania shall retain
jurisdiction for enforccmcnt purposcs and to rnake any changes in this Order to the
cxtcnt rcquircd to curry outthc intcnt of thc purtics us cvidcnccd by thcir uffirmutions
in their Scpuration und Propcrty Scttlcmcnt Agrccmcnt.
15, It is the purtics' intcntion und instruction thut thc prior Quulificd Dorncstic Relations
Order, Ordcr of Court dutcd Dcccmbcr 21, 1999, shull bc vucutcd in its cntircty and
thc Plun Administrutor shull immcdiutcly rescind und rcvcrsc ull uction takcn to
distribute uny funds into a scpnratc account into the numc of thc Altcrnutc Puycc thut
is in any wuy contrary to thc instructions hcrcin,
IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED
DOMESTIC RELATIONS ORDER AS SUCH AS DEFINED UNDER SECTION 414(p)
INTERNAL REVENUE CODE OF 1986, AS AMENDED, Thc court rctuins jurisdiction to
umcnd this Ordcr us might bc ncccssury to cstublish or maintuin its status as a Qualified
Domcstic Rclutions Order,
WITNESS:
~,. \:to fY'\ J.ri.f'lI.. h
4/';/""
'Datc
e 4~~-L~.J.
R, Lumur GilchrisC. Parlicipalll
C\.n fl. rt.. Nl j"J n " lL
1 "t/,,/ ~;(4c:.M~
~ Shirlcy ,Gilcl(rist, Allema/e Payee
COMMONWEALTH OF PENNSYLVANIA
COUNTYOF (l.~,...L_~:')..
On this L/~duy of o.~~'l.
. 200 I, bcforc mc, thc undcrsigned
ofliccr, pcrsonully appcurcd R. LAMAR GILCHRIST, known to mc (or sutisfuctory provcn) to
bc thc pcrson whosc numc is subscribcd to thc within Agrccmcnt Ilnd acknowlcdgcd that hc
cxccuted thc sumc for the purposc thcrcin contuincd,
IN WITNESS WHEREOF,I hcrcunto sct my hund nnd omciul scal.
'^ ~~:J. \.1
~
NOTARIAL SEAL
JUDITH D, KAUFFMAN. Nolary Public
Borough of Ca~lale, CumbertlUld County
My Commlsalon Expire. March 10,2003
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~~"'-..&-
On this !fa day of ~
, 2001, bcfore me, the undersigned
officer, pcrsonally appeared SHIRLEY L. GILCHRIST, known to me (or satisfactory proven) to
bc thc person whose nurnc is subseribcd to the within Agrccmcnt und acknowlcdgcd that she
cxccuted thc sarnc for the purposc thcrcin containcd,
IN WITNESS WHEREOF, I hcrcunto set my hand and oflicial seal.
o~a~ K'"-lP-
NOTARIAL SEAL
JUDITH D, KAUFFMAN, Notary Publlo
Borough 01 Ca~la'e, Cumberland Counly
My Commllllon Expire. March 10, 2003
"
SHIRLEY L. GILCHRIST.
Plainti ff
: C\i THE COL'RT OF COMMO'\! PLEAS OF
: CU~IBERLA~ COU?-;TY. PEl'<'NSYL VANIA
\'S,
: CIVIL ACTlO?\ . LA W
R, LAMAR GILCHRIST,
Defendant
: NO, 96.3341 CIVIL TERM
: P.\' DIVORCE
ot' .\LlFIED DOMESTIC RELA TIO\'S ORDER
, ..
WHEREAS, R. LA~IAR GILCHRIST. ("Participant") and SHIRLEY L.
GILCHRIST, ("Altemate Payeel have agreed to a division of marital property, .which
Agreement has included pro\'ision for a distribution frorn the Participant's accoun~.in the
SPRINT Retirement Savings Plan, a 401(k) Plan ("Plan"); and
: -.
" .. ,
.. ~, ;
-. -..;.:
WHEREAS, this Qualified Domestic Relations Order (hereinafter referred to as
the "Order") provides for the division and disposition of the marital components of the
Participant's account in the Plan, which is a benefit plan sponsored through Participant's
prior employment with Sprint Corporation, of9393 West I 10th Street, 6th Floor, Overland
Park, Kansas; and
WHEREAS, Participant intends to grant the Alternate Payee rights to such
benefits in such amounts on the terms and conditions prescribed hereinafter as provided
for in the Plan; and
\VHEREAS, this Order is intended to be a Qualified Domestic Relations Order
(hereinafter "QDRO"), as that term is defined in Section 404(P) of the Intemal Revenue
Code and Section 206(d)(3) of ERISA,
NOW THEREFORE, IT IS ORDERED A.1>,;D DECREED AS FOLLOWS:
I, The parties intend for this Order to constitutel: "Qualified Domestic Relations
Order" as defined in Section 414(P) of the Intemal Revenue Code of 1986, as amended,
2, This Order applies to the following qualified retirement plan: SPRD:T
Retirement Sa\'ings Plan. a 401(k) Plan ("Plan"),
3, R, LA.\1..~ GILCHRIST, social securiry number 199.34-7876. thereinafter
referred to as "Participant") is a participant in the Plan, Participant's date of birth is
August 1, 1945 and his current and last known rnailing address is 300 ~orth 28'n Street,
Camp Hill, Pennsy!\'ania 17011.
4, SHIRLEY L. GILCHRIST, social security number 160.38-4655, (hereinafter
referred to as "Alternate Payee") is the Participant's spouse, Alternate Payee's date of
birth is September 23, 1946 and her current and last known mailing address is 163 D
Street, Carlisle, Pennsylvania 17013,
5, Participant's account in the Plan is marital property subject to the distribution
by the Court of Common Pleas of Cumberland County, Pennsylvania, Effective
immediately upon receipt of this QDRO, and honoring as such by the Plan Administrator,
the sum of THIRTY-NINE THOUSAND FIJIE HUNDRED SEVETEEN AND 11/100
(139,517.11) DOLLARS, together with actual interest and dividends earned on this sum
from December 31, 1995 to the date of honoring and implementation of this QDRO, shall
be separately designated in the Plan as Alternate Payee's sole benefit or account. The
amount to be rolled over from the Participant's account to an account designated for
Altemate Payee is non-ta.xable as an authorized roll-over Participant's name to Altemate
Payee's name for a period of 120 days from implementation of this Order by the Plan
Administrator, Within the 120 day time period, Alternate Payee shall designate for the
Plan Administrator the shelter plan or account into which she wishes to place or roll-over
these funds, at which tirne the funds shall be transformed or rolled-over as requested,
"
If the Alternate Payee fails to elect the distribution within 120 days of the date of
the acceptance letter, the amount assigned under the Order shall be paid, as soon as
practicable, to the A1temate Payee Such distribution shall be made in cash with applicable
withholding for federal income taxes,
6, This Order does not require the Plan to provide any type of fonn of benefit. or
option not otherwise provided under the Plan; or require the payment of any benefits for
the ,6Jtemate Payee which are required to be paid to another .6Jtemate Payee under
another Order previously determined to be a Qualified Domestic Relations Order; or
require the Plan to provide increased benefits which result from future contributions to the
Plan, Any provision of this Order, which appears to be otherwise shall be null and void
and have no effect,
7, In no event shall the Alternate Payee have a greater right than those which are
available to the Participant.
8, Upon the death of either the Participant or the Alternate Payee, following
implementation of this QDRO, neither party shall be entitled to any benefit or rights in the
other parties' share or portion of the Plan or benefits received therefrom,
9, To the extent pennitted by the Plan and Section 414(P) of the Code, the
Alternate Payee may designate a beneficiary to receive payment of the Altemate Payee's
remaining interest in the Plan, if any, upon the Alternate Payee's death, Any such
beneficiary designation shall be made without regard to any designation by the Participant
ofa beneficiary with respect to the Participant's interest under the Plan. In the absence of
an effective beneficiary designation by the Alternate Payee. or if the named beneficiary
predeceases the Alternate Payee. the amount assi!!J1ed under this order shall be paid to the
Altemate Payee's estate,
10, The parties shall promptly submit this Order to the Plan Administrator for
determination of the Qualified Domestic Relations Order. The Plan Administrator is
Corporate Benefits Administrator, 9393 West 110" Street. 6" Floor, Overland Park.
Kansas 66210-1470,
11, A copy of this Order shall be mailed promptly, retum receipt requested, to the
Plan Administrator, If this Order has been predetermined by the Plan Administrator to
constitute a Qualified Domestic Relations Order, the Plan Administrator shall promptly
carry out its provisions, If this Order has not been predetermined by the Plan
Administrator as a Qualified Domestic Relations Order, then the Plan Administrator shall,
within a reasonable time after the receipt of this Order, determine whether this Order is a
Qualified Domestic Relations Order and notify both the Participant and Alternate Payee of
such a determination, Until such time as a determination has been made, the Plan
Administrator shall comply with all requirements imposed upon it by Section 4I4(P)(7) of
the Code and Section 206( d)(3 )(h) of ERISA, If the Plan Administrator determines that
this Order is not a Qualified Domestic Relations Order, then he shall notify the Participant
and Altemate Payee of such a determination and reason therefore,