HomeMy WebLinkAbout89-4238AS OF of?a5?07
CASE# s?_ ?+a38
HAS BEEN SCANNED.
ALL EARLIER
FILINGS TO THIS
CASE HAVE BEEN
MICROFILMED.
KITTY GILHAM BRYSON,
Petitioner,
V.
DANIEL GILHAM,
Respondent.
44 : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO: 4238 CIVIL 1989
CIVIL ACTION -LAW
IN DIVORCE
PETITION FOR ENFORCEMENT
AND NOW, comes the Petitioner, Kitty Gilham Bryson, by and through her attorneys,
Mancke, Wagner & Spreha, and files the following Petition:
1. Your Petitioner, Kitty Gilham Bryson, is an adult individual residing at 44 Acri
Meadow Road, Enola, Cumberland County, Pennsylvania, and the Plaintiff in the above-
captioned matter.
2. The Respondent, Daniel Gilham, is an adult individual residing at 20 Hillcrest Road,
Enola, Cumberland County, Pennsylvania, and the Defendant in the above-captioned matter.
3. The parties entered a Marriage Settlement Agreement on October 10, 1990, and an
Addendum on October 10, 1990, a copy of which is attached hereto, incorporated herein by
reference, made a part hereof, and marked as Exhibits A and B respectively.
4. The parties were divorced December 19, 1990, a copy of said Decree is attached
hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit C.
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A A.
5. Pursuant to the provisions of the attached Agreement, the Petitioner was entitled to a
payment from the Respondent as set forth in paragraph 2 of the Addendum to the Marriage
Settlement Agreement.
6. Further, the Agreements provide that the parties will execute whatever documents are
necessary to implement the provisions of the Agreement.
7. On or about March of 2006, the Petitioner herein had forwarded to the Respondent
herein, a QDRO for purposes of implementing the provisions of the Marriage Settlement
Agreement.
8. Despite repeated requests, the Respondent herein has refused to sign the QDRO.
9. The Respondent herein has already retired, it is reasonably to be about February of
2005.
10. Despite the provisions of the Agreement, and despite the requirement that the
Respondent pay unto the Petitioner her share of his pension, which has been in pay status since
approximately February of 2005, the Respondent refuses to make payment, and further refuses to
sign the QDRO.
11. Petitioner herein has incurred legal costs in the amount of $750.00 for preparation of
this Petition.
12. Petitioner has also incurred the sum of $385.00 in the preparation of the QDRO.
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13. Petitioner requests the Court to direct that the Respondent execute the QDRO, refund
the amount she has paid for the QDRO, and pay Petitioner's counsel fees.
WHEREFORE, Petitioner prays this Court to Order that the Respondent:
A. sign the QDRO;
B. reimburse Petitioner for the QDRO costs;
C. pay Petitioner's reasonable counsel fees; and
D. such other relief as the Court may deem appropriate.
Respectfully submitted,
Mancke, Wagne Spreha & McQuillan
P. Richard Wagner, Esquire
.b. #23103
! 2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Petitioner
Date:
-3-
I 4
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
v
DATE: I',::;,2 "6)
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MARITAL SETTLEMENT AGREEMENT
A, &
THIS AGREEMENT made this day of
19 , by and between DANIEL GILHAM, of Enola, Cumberland County,
Pennsylvania (hereinafter.referred to as HUSBAND), and KITTY
GILHAM, of Enola, Cumberland County, Pennsylvania (hereinafter
referred to as WIFE).
WITNESSETH:
WHEREAS, the parties hereto are HUSBAND and WIFE,
having been married on the 19th day of February, 1971, in West
Fairview, Cumberland County, Pennsylvania; and
WHEREAS, diverse, unhappy differences, disputes and
difficulties have arisen between the parties and it is the
intention of WIFE and HUSBAND 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; settling of all matters between
them 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.
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NOW, THEREFORE, in consideration of the promises 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, WIFE
and HUSBAND, each intending to be legally bound, hereby covenant
and agree as follows:
1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of
WIFE or HUSBAND to'a limited or absolute divorce on lawful
grounds as such grounds exist or shall here after 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 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, at some point in the future, a mutual consent, no-fault
divorce pursuant to the terms of Section 201(c) of the Divorce
Code of 1980, as amended.
2. EFFECT OF DIVORCE DECREE: 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.
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3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The
parties agree that the terms of this agreement shall be
incorporated into any divorce decree which may be entered with
respect. to them.
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 date" which shall be defined as the date of
execution of this Agreement unless otherwise specified herein.
However, the support and/or alimony payments, if any, provided
for ir. this Agreement shall take effect as set forth in this
Agreement.
6. SEPARATION: It shall be lawful for each party at
all times hereafter to live separate and apart from the other
party at such place as he or she may from time to time choose or
deem fit. The foregoing provisions shall not be taken as an
admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their living apart.
7. INTERFERENCE: Each party shall be free from
interference, authority and contact by the other, as fully as if
he or she were single and unmarried except as may be necessary to
carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass
or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other.
8. WIFE'S DEBTS: WIFE represents and warrants to
HUSBAND that she will not contract or incur,an.y debt or liability
for which HUSBAND or his estate might be responsible and shall
indemnify and save harmless HUSBAND for any and all claims or
demands made against him by reasons of debts or obligations
incurred by her.
9. HUSBAND'S DEBTS: HUSBAND represents and warrants
to WIFE that he will not contract or incur any debt or liability
for which WIFE or her estate might be responsible and shall
indemnify and save harmless WIFE from any and all claims or
demands made against her by reason of debts or obligations
incurred by him.
10. JOINT DEBTS: HUSBAND and WIFE represent that there
are no joint outstanding debts with the exception of a mortgage
obligation on the marital residence located at. 20 Hillcrest Road,
Enola, Cumberland County, Pennsylvania. It is contemplated by
the parties that
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this mortgage obligation will be totally and completely assumed
by the HUSBAND upon the execution of this Agreement, and the
execution by WIFE and HUSBAND of any documents required by the
Mortgagee.
11. MUTUAL RELEASE: Subject to the provisions of this
Agreement, each party has released and discharged, and by this
Agreement does for himself or herself and his or her heirs, legal
representatives, executors, administrators and assigns, release
and discharge the other of and from all causes of action, claims,
rights or demands, whatsoever in law or equity, which either of
the parties ever had or now has against the other, except any or
all cause or causes of action for divorce and except any or all
causes of action for breach of any provisions of this Ac7reem.ent.
12. DIVISION OF PERSONAL PROPERTY: The part_es have
divided between them, to their mutual satisfaction, the personal
effects, household furniture and furnishings, and all other
articles of personal property which have heretofore been used by
them in common, and neither party will make any claim to ar.y such
items which are now in the possession or under the control of the
other. Should it become necessary, the parties each agree to
sign any titles or documents necessary to give effect to this
paragraph upon request.
13. AFTER ACQUIRED PERSONAL PROPERTY: Each of the
parties shall hereafter own and enjoy, independently of any
claims or right of the other, all items of personal property,
tangible or intangible hereafter acquired by him or her, with
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full power in him or her to dispose of the same as fully and
effectively, in all respect and for all purposes, as though he or
she were unmarried.
14. MOTOR VEHICLES: With respect to the motor
vehicles owned by one or both of the parties, they agree as
follows: WIFE shall retain ownership of the 1987 Chevrolet
Blazer S-10 and HUSBAND shall retain ownership of the all other
vehicles.
The titles to the said motor vehicles shall be executed
by the parties, if appropriate for effecting, transfer as herein
provided, on the date of execution of this Agreement and said
executed titles shall be delivered to the proper parties on the
distribution date. Each party agrees to be solely responsible
for the amounts presently due and owing against their respective
automobiles.
15. DIVORCE PROCEEDINGS: The parties hereto agree
that they will enter into a mutual consent divorce under Section
201(c) of the Pennsylvania Divorce Code of 198C, as amended, at
some point in the future. The parties agree that either party
may pursue the divorce and be the Plaintiff therein. The parties
further agree that the party who is named as the Defendant in
said divorce shall sign the necessary documents, including the
Affidavit of Consent, at such time after the ninety (90) days of
the filing of the Complaint as the moving party may request.
16. DIVISION OF REAL PROPERTY: The parties hereto
presently own as tenants by the entireties certain real property
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situate at 20 Hillcrest Road, Mechanicsburg, Cumberland County,
Pennsylvania. WIFE agrees to transfer all of her right, title
and interest in said real estate, now titled in the name of
HUSBAND and WIFE, to the HUSBAND on the date of execution and
agrees to immediately execute now or in the future any and all
deeds, documents or papers necessary to effect such transfer of
title upon request. WIFE further acknowledges that she has no
claim, right, interest or title whatsoever in said property, and
further agrees never to assert any claim to said property in the
future. Said transfer shall be effective when WIFE is paid a
settlement of Thirty -two thousand five hundred and 00/100
($32,500.00) Dollars, minus the balance due and owing on the 1987
Chevrolet S-10 Blazer in WIFE`s possession and shall be binding
regardless of the marital status of the parties.
17. JOINT CHECKING AND SAVINGS ACCOUNT: The parties
have divided between them, to their mutual satisfaction, all
joint checking and savings accounts which have heretofore been
used by them in common, and neither party will make any claim to
any such account which is now in the possession or under the
control of the other. Should it become necessary, the parties
each agree to sign any documents necessary to give effect to this
paragraph.
18. LIFE INSURANCE: HUSBAND shall cash in the life
insurance policy in his name with the Mutual Insurance Company cf
New York and shall upon receipt of the cash value of the policy,
immediately transmit one half of the cash received to the WIFE.
19. PENSION: HUSBAND hereby waives and relinquishes
any and all rights he has as a result of the marriage to any
pension benefits due to the WIFE.
Upon HUSBAND's retirement from employment from the
Commonwealth of Pennsylvania, HUSBAND and WIFE agree that the
WIFE will receive fifty (50%) percent of the c.overture portion of
HUSBAND's pension.
Should WIFE predecease HUSBAND, all of those
pension benefits accruing to HUSBAND and due and owing to WIFE
shall become the property of and due and owing to the parties'
children, per stirpes.
20. WAIVER OF CLAIMS: Except as herein otherwise
provided, each party may dispose of his or her property in any
way, and each party hereby waives and relinquishes any and all
rights he or she shall now have or hereafter acquire, under the
present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
relationship, including, without limitation, doer, courtesy,
statutory allowance, widow's allowance, right to take in
intestacy, right to take against the will of the other, and right
to act as administrator or executor of the other's estate, and
each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interests, rights and claims.
21. BREACH: If either party breaches any provisions
of this Agreement, the other party shall have the right, at his
1 •
or her election, to sue for damages for such breach or seek such
other remedies or relief as may be available to him or her, and
the party breaching this contract shall be responsible for
payment of legal fees and costs incurred by the other in
enforcing their rights under this Agreement.
22. VOID CLAUSES: 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.
23. DESCRIPTIVE HEADINGS: The descriptive headings
used herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the
parties.
24. INDEPENDENT SEPARATE COVENANTS: It is
specifically understood and agreed by and between the parties
hereto that each paragraph hereof shall be deemed to be a
separate and independent covenant and agreement..
25. ADDITIONAL INSTRUMENTS: Each of the nart:L
shall, from time to time, at the request of the other, execute,
acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force
and effect to the provisions of this Agreement.
26. APPLICABLE LAW:
This Agreement shall be construed
under the laws of the Connonwealth of Pennsylvania and more
specifically under the Divorce Code of 1980, as amended.
27. AGREEMENT BINDING ON HEIRS: This Agreement shall
be binding and shall insure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors
and assigns.
28. ENTIRE AGREEMENT: This Agreement contains the
entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than
those expressly set forth herein.
29. MODIFICATION AND WAIVER: A modification or waiver
of any of the provisions of this Agreement shall be effective
only if made in writing and executed with the same formality as
this Agreement. The failure of either party to insist upon
strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of
the same or similar nature.
30. WAIVER OF RIGHTS: The parties hereto have sought
the advice of counsel and have been informed of their rights
under and pursuant to the Divorce Code, Act of April 2, 1980,
Number 1980-26, as amended, particularly the provisions for
alimony, alimony pendente lite, equitable distribution of marital
property, counsel fees or expenses. Counsel for wife is P.
Richard Wagner, Esquire and counsel for husband is Michael
McGovern, Esquire, Both parties agree that this Agreement shall
conclusively provide for the distribution of property under the
said law and hereby waive, release and relinquish any fur Cher
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rights they may respectively have against the other for alimony,
alimony pendente lite, equitable distribution of marital
property, counsel fees or expenses. From the date hereof, each
party may acquire either personal or real property in their own
name. Any property so acquired shall be owned solely by the
individual and shall not be subject to any claim whatsoever by
the other party.
31. FINANCIAL DISCLOSURE. The parties waive their
rights to require the filing of financial disclosure statements
by the other, although the parties have been advised that it is
their :legal right to have these disclosures,made prior to
entering into this Agreement and by entering into this Agreement
without reliance upon financial disclosure, the parties are
forever waiving their right to request or use that as a basis to
overturn this Agreement.
32. VOLUNTARY EXECUTION: The provisions cf this
Agreement and their legal effect have been fully explained to the
parties by their respective counsel, and each party acknowledges
that the Agreement is fair and equitable, that. it is being
entered into voluntarily, and that it is not the result of any
duress or undue influence.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals
WITH S:
the day and year first above written.
aniel Gil a
,j
K tfty 11ham
'Vl
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ADDENDUM TO MARITAL SETTLEMENT AGREEMENT
1
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TH I S AGREEMENT, made thi s 4day of
1990, by and between DANIEL GILHAM (hereinafter referred to as
"Husband"), and KITTY GILHAM (hereinafter referred to as "'Fife").
WITNESSETH:
10
WHEREAS, the parties executed a Marriage Settlement
Agreement setting forth the rights and responsibilities of the
respective parties as a result of their separation and contemplated
divorce; and
WHEREAS, pursuant to that Settlement Agreement, Husband
agrees to pay Wife fifty percent (50°!) of the coverture portion of
Husband's pension from the Commonwealth of Pennsylvania; and
WHEREAS, the parties desire to execute this Addendum to
provide a stipulated Court Order for the payment of said pension.
NOW THEREFORE, in consideration of the aforementioned
recitals and hereinafter conditions, Husband and Wife do promise,
covenant and agree that:
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1. The Marriage Settlement Agreement shall remain in full
force and effect except as supplemented herein.
2. Paragraph 19 of the Marriage Settlement Agreement which
provides that upon Husband's retirement from employment from the
Commonwealth of Pennsylvania, Wife will receive fifty percent (50%)
of the Husband's pension, shall be supplemented by providing that
Husband and Wife shall execute a Stipulated Agreement for entry as a
,
consentual Court Order which said Stipulated Agreement shall provide:
"Defendant shall pay monthly, within five (5) days of the
date it is received by him, 50% of the gross monthly
benefit check he receives from the State Employees'
Retirement System, to wife, less a like percentage of the
amount actually withheld by the System for federal income
tax withholding. Such pa.,ment shall continue monthly
during the lifetime of the husband whether or not the
wife is living, and if she is not living, such payment
shall be made to her designated beneficiary. Upon the
Husband's death, Wife, her beneficiary, or estate as afore-
said, shall receive 50% of the death benefit payable by
the System to the Husband's beneficiary or estate. Wife's
entitlement to receive 50% of the gross monthly benefit
is subject to her obligation to reimburse Husband for
federal income tax that the Husband pays in each calendar
year on the Wife's portion of the benefits. Wife's
share of such tax shall be determined as follows:
(a) dividing than portion of the gross benefit taxable
for federal income tax purposes by Husband's adjusted
gross income as reported on his form 10,40 for the
calendar year in question; (b) multiplying the resulting
percentage by Husband's total federal income tax liability
for the year as set forth on line 9 of form 1040 (or
comparable line in all subsequent years); (c) multiplying
the resulting product by 50%; and (d) subtracting 50% of
the total federal income taxes withheld by the System."
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3. Husband and Wife agree to execute any and all documents
necessary to give effect to the aforementioned payment plan to be
entered as a stipulated Court Order.
4. All provisions of the Marriage Settlement Agreement are
otherwise to remain in fuel force and effect except as herein
supplemented.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
WITNESS:
I. '.i
II
i
1 ti,
DANIEL GILHAM
KITTY 'GILHAM
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0?," 09;'' 2005 10: 22 177 0w .
ROBERT P LONERGHN NID • ,, . , PAGE 02,/02
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e? 1 rti
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY ??.
STATE OF PENNA. 5
1
(fie
KITTY GILHAM ,
+ ?1 O...42,3.8 .,, ..... Civil 1989 ..
VCY511S III ? 'p
DANIEL ..GIL14AM ......
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„
p DECREE IN
` I V 0 R C E
AND NOW, , ......1,,x?Gqt?eT.19 , 19.9Q it is ordered and
o ?^
decreed that ........ , . , KITTY GILx.. ..... plaintiff,
and .........DANIEL GILHAM . , defendant, 1
are divorced from the bonds of matrimony.
a The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet ?;.
been entered;
NONE
...........
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if By The Court.
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AtteEt: ( ?
.. . .
U Deputy Prothonotary
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CERTIFIED COPY ISSUED DECEMBER 21, 1990 it
;?- :SIG, ?: ;? .'!?.:'`%?fr. fir' `?iG:;':?r Vii: '•??, ?,`?,,; .?, r ,? , ?,; :?.; ti ? ??.-,??..__? ____ ) ®?
.ate- •:?;• •;t.•, •:!> vC+;
Sandra L. Meilton
Daley Zucker Meilton
Miner & Gingrich, LLC
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
smeilton@dzmmglaw.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
KITTY GILHAM BRYSON
Petitioner,
V.
DANIEL GILHAM
Respondent.
CIVIL ACTION LAW
No. 4238 Civil 1989
IN DIVORCE
RESPONDENT'S ANSWER AND NEW MATTER
TO PETITION FOR ENFORCEMENT
AND NOW, comes the Respondents, by and through his undersigned counsel, Sandra L.
Meilton, Esquire, and files the following Answer to Petition for Enforcement:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted. By way of further answer, paragraph 2 of the Addendum to the Marital
Settlement Agreement, supplements the original Marital Settlement Agreement to state that the
Husband and Wife shall execute a Stipulated Agreement for entry as a consensual Court Order.
6. Admitted.
7. Admitted in part, denied in part. Petitioner did forward a Stipulation and
Agreement to Respondent for purposes of implementing the provisions of the Marriage
Settlement Agreement. However, the Stipulation and Agreement was initially forwarded to
Respondent by letter dated April 4, 2006.
8. Denied. On September 18, 2006, Petitioner forwarded to Respondent's counsel a
Stipulation and Agreement prepared for Respondent's signature. On October 5, 2006, said
Stipulation and Agreement was returned to Petitioner signed by the Respondent. A copy of the
October 5, 2006 correspondence and signed Stipulation and Agreement are attached hereto as
Exhibit "A" and incorporated by reference.
9. Admitted. By way of further answer, Respondent retired effective February 18,
2005.
10. Denied. Respondent has in fact signed the Stipulation and Agreement as sent to
him by the Petitioner, and sent the signed Stipulation and Agreement back to Petitioner for filing
on October 5, 2006.
11. Respondent is without knowledge or information sufficient to form a belief as to
the truth of the statement and proof therefore if relevant is demanded at the time of trial.
12. Respondent is without knowledge or information sufficient to form a belief as to
the truth of the statement and proof therefore if relevant is demanded at the time of trial.
13. Denied as a conclusion of law to which no response is required.
WHEREFORE, Respondents respectfully requests this Honorable Court deny the Petition
for Enforcement and the relief requested by Petitioner and further order Petitioner to submit to
the Court the Stipulation and Agreement, as signed by the Respondent on October 5, 2006, to be
entered as a Qualified Domestic Relations Order
NEW MATTER
14. Respondent's answers to Paragraphs 1-13 are hereby incorporated by reference.
15. On July 24, 2006, Respondent's counsel sent correspondence to counsel for
Petitioner indicating that Respondent has reviewed the Stipulation and Agreement and would
sign the Stipulation and Agreement. Respondent's Counsel fiurther requested Petitioner's
counsel to forward the original and three copies of the Stipulation and Agreement to
Respondent's counsel so that Respondent could sign the document.
16. On August 14, 2006, despite Respondent's notification of intent to sign the
Stipulation and Agreement and without complying with the request to send the original and three
copies of the Stipulation and Agreement to Respondent's counsel for signature, Petitioner,
through her counsel, filed a Petition for Contempt alleging that Respondent refused to sign the
Stipulation and Agreement.
17. Although Petitioner withdrew the first Petition for Contempt, Respondent has had
to expend his own legal fees of $750.00 in answering to and defending against Petitioner's
groundless claims on two separate occasions.
WHEREFORE, Respondent respectfully requests this Honorable Court to enter an order
directing Petitioner to pay reasonable counsel fees to Respondent and any other relief as the
Court deems appropriate.
Date:
Respectfully submitted,
DALEY ZUCKER MEILTON
MIN R & GINGRICH, LLC
"I. A41-
Sandra L. Meilton, squire
Attorney I.D. No. 32551
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorneyfor Respondent
VERIFICATION
I, Daniel Gilham, Respondent, verify that the statements contained in the foregoing
Answer to Petition for Enforcement are true and correct to the best of my knowledge,
information and belief. I understand that false statements contained herein are made subject to
the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities.
Date: -?Lao7 By:
iel Gilh , R pondent
EXHIBIT "A"
FILE COPY
TucKERARENSBERG
Attorneys
October 5, 2006
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Re: Gilham v. Gilham
Our File No.: 22177 -122463
Dear Rich:
Sandra L. Menton
smeifton@tuckerlaw.com
Enclosed, per your request, are fpGr Stipulations and Agreements signed by Dan
Gilham. Please provide me with a copy of the fully executed document and Court Order
when received.
Sincerely,
TUCKER ARENSBERG, P.C.
Sandra L. Meilton
SLM/ppt
Enclosure
cc: Mr. Daniel Gilham
90093
Tucker Arensberg, P.C. 111 N. Front Street P.O. Box 889 Harrisburg, PA 17108 p. 717.234.4121 f. 717.232.6802 www.tuckerlaw.com
1500 One PPG Place Pittsburgh, PA 15222 p. 412.566.1212 f. 412.594.5619
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KITTY GILHAM
. Plaintiff
VS.
DANIEL GILHAM
Defendant
And Now, this
DOCKET NO. 4238 Civil 1989
ACTION IN DIVORCE
DOMESTIC RELATIONS ORDER
day of
,20 , this Stipulation
and Agreement of the parties is hereby made a Domestic Relations Order.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KITTY GILHAM
Plaintiff
VS.
DANIEL GILHAM
Defendant
DOCKET NO. 4238 Civil 1989
ACTION IN DIVORCE
STIPULATION AND AGREEMENT
AND NOW, the parties, Kitty Gilham, Plaintiff, and Daniel Gilham, Defendant, do
-?• - hereby Stipulate and Agree-as follows:
1. The parties hereto were husband and wife, and a divorce action is in this Court at
the above number. This Court has personal jurisdiction over the parties. The parties were
married on February 19, 1971 and divorced on December 19, 1990.
2. Daniel Gilham, hereinafter referred to as "Member," is a member of the
Commonwealth of Pennsylvania, State Employes' Retirement System, hereinafter
referred to as "SERS."
3. SERS, as a creature of statute, is controlled by the State Employes'
Retirement Code, 71 Pa. C.S. Section 5101-5956 ("Retirement Code").
4. Kitty Gilham, hereinafter referred to as "Alternate Payee," is the former spouse
of Member.
5. The name, last known address, social security number, and date of birth
of the plan "Member" are:
Name: Daniel Gilham ("Member")
Address: 20 Hillcrest Road, Enola, Pennsylvania 17025-2616
Social Security Number: #167-40-2463
Birth Date: July 20, 1948
6. The name, last known address, social security number, and date of birth of the
"Alternate Payee" are:
Name: Kitty Gilham ("Alternate Payee")
Address: 44 Acd Meadow Road, Ehola, Pennsylvania 17025
Social Security Number: #184-36-6556
Birth Date: September 26, 1946
It is the responsibility of Alternate Payee to keep a current mailing address on file with
SERS at all times.
7. Twenty-Nine Percent (29%) of the Member's current retirement benefit is to
be allocated to Alternate Payee for the purpose of equitable distribution of this marital
asset.
8. Member's retirement benefit is defined as all monies paid to or on behalf of
Member of SERS, including any lump sum withdrawals or scheduled or ad hoc increases,
but excluding the disability portion of any disability annuities paid to Member by SERS as
a result of a disability which occurs before the Member's marriage to the Alternate Payee or
after the date the Member's and Alternate Payee's final separation. Member's retirement
benefit does not include any deferred compensation benefits paid to Member by SERS.
Equitable distribution of the marital property component of Member's retirement benefit, as
set forth in Paragraph Seven (7) shall commence as soon as administratively feasible after
Member's effective date of retirement or the entry of this Stipulation and Agreement as a
Domestic Relations Order acceptable to SERS, whichever is later.
9. The type and amount of Member's retirement benefit payable under the terms
of this Stipulation and Agreement after its entry as a Domestic Relations Order acceptable
to SERS is dependent upon which option(s) is (are) selected by Member upon
retirement.
10. Alternate Payee may not exercise any right, privilege or option offered by
SERS. SERS shall issue individual tax forms to Member and Alternate Payee for
amounts paid to each.
11. In the event of the death of Alternate Payee after receipt of any payments
payable to her from SERS under the terms of this Stipulation and Agreement, any death
benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to
Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution interest in
Member's retirement benefit as set forth in Paragraph 7.
12. In no event shall Alternate Payee have greater benefits or rights other than
those which are available to Member. Alternate Payee is not entitled to any benefit not
otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits
offered by SERS as provided in this Stipulation and Agreement. All other rights,
privileges and options offered by SERS not granted to Alternate Payee are preserved for
Member.
13. It is specifically intended and agreed by the parties hereto that this Stipulation
and Agreement:
(a) Does not require SERS to provide any type or form of benefit, or any
option not otherwise provided under the Retirement Code;
(b) Does not require SERS to provide increased benefits (determined on
the basis of actuarial value) unless increased benefits are paid to Member based upon
cost of living or increases based on other than actuarial values.
14. The parties intend and agree that the terms of this Stipulation and Agreement
shall be approved, adopted and entered as a Domestic Relations Order.
15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall
retain jurisdiction to amend any Domestic Relations Order based on this Stipulation and
Agreement, but only for the purpose of establishing it or maintaining it as a Domestic
Relations Order; provided, however, that no such amendment shall require SERS to
provide any type or form of benefit, or any option not otherwise provided by SERS, and
further provided that no such amendment or right of the Court to so amend will invalidate
any existing Order.
16. Upon its entry as a Domestic Relations Order, a certified copy of this
Stipulation and Agreement and any attendant documents shall be served upon SERS
immediately. The Domestic Relations Order shall take effect immediately upon its
approval and the approval of any attendant documents by SERS and shall remain in
effect until further Order of Court.
WHEREFORE, the parties, intending to be legally bound by the terms of this
Stipulation, do hereunto place their hands and seals.
Dated:
Kitty Gilham
Dated: •? Oo
Da i it m
CERTIFICATE OF SERVICE
I, Quintina M. Laudermilch, Esquire, hereby certify that on this .5/day of
2007, a copy of the foregoing Respondent's Answer and New Matter
to Petition for Enforcement was placed in the United States Mail, Postage pre-paid, addressed as
follows:
P. Richard Wagner, Esquire
MANCKE WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
DALEY ZUCKER MEILTON
MINER & GINGRICH, LLC
intina M. Laudermilch, Esquire
Supreme Court I.D. #94664
1029 Scenery Drive
Harrisburg, Pennsylvania 17109
(717) 657-4795
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BY THE COURT:
" . 1-4 X4
1 10
KITTY GILHAM BRYSON,
Petitioner,
V.
DANIEL GILHAM,
Respondent.
IAN 2 5 2007
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO: 4238 CIVIL 1989
CIVIL ACTION -LAW
IN DIVORCE
ORDER
AND NOW, this 1,14day of 2007, upon Petition of Kitty Gilham
Bryson, a Rule is hereby issued upon the Respondent, Daniel Gilham, to show cause why, if any,
the relief requested should not be granted.
RULE RETURNABLE thq l day o , 2007, at /a % :0 o'clock m.
in Courtroom No. of the Cumberland County Courthouse, One Courthouse Square,
Carlisle, Pennsylvania.
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KITTY GILHAM BRYSON, IN THE COURT OF COMMON PLEAS OF
Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V.
DANIEL GILHAM, CIVIL ACTION - LAW
Respondent NO. 4238-1989 CIVIL TERM
IN RE: PETITION FOR ENFORCEMENT
ORDER OF COURT
AND NOW, this 27th day of March, 2007, further
hearing is continued pending implementation of the agreement
of the parties as announced in open court and in their
presence. In the event that the matter is not relisted for
hearing within thirty days, the pending petition to be
deemed dismissed as moot without further order of court.
By the Court,
Kevin lAf. Hess, J.
-/ Richard Wagner,. Esquire
For the Petitioner
V16andra L. Meilton, Esquire
For the Respondent
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KITTY GILHAM BRYSON, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. NO: 4238 CIVIL 1989
CIVIL ACTION -LAW
DANIEL GILHAM,
IN DIVORCE
Defendant.
STIPULATION AND AGREEMENT
AND NOW, the parties, Kitty Gilham Bryson, Plaintiff, and Daniel Gilham, Defendant,
do hereby Stipulate and Agree as follows:
1. The parties were husband and wife, and a divorce action is in this Court at the above
number. This Court has personal jurisdiction over the parties. The parties were married on
February 19, 1971, and divorced on December 19, 1990.
2. Daniel Gilham, hereinafter referred to as "Member," is a member of the
Commonwealth of Pennsylvania, State Employees' Retirement System, hereinafter referred to as
"SERS."
3. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code,
71 Pa.C.S. §5101-5956 ("Retirement Code").
4. Kitty Gilham Bryson, hereinafter referred to as "Alternate Payee," is the former spouse
of Member.
5. The name, last known address, Social Security number, and date of birth of the plan
"Member" are:
Name: Daniel Gilham ("Member")
Address: 20 Hillcrest Road, Enola, Pennsylvania 17025-2616
SS#: 167-40-2463
DOB: July 20, 1948
6. The name, last known address, Social Security number, and date of birth of the
"Alternate Payee" are:
Name: Kitty Gilliam Bryson ("Alternate Payee")
Address: 44 Acri Meadow Road, Enola, Pennsylvania 17025
SS#: 184-36-6556
DOB: September 26, 1946
It is the responsibility of the Alternate Payee to keep a current mailing address on file
with the SERS at all times.
7. Twenty Nine Percent (291/o) of the Member's current retirement benefit (the specific
sum of $1,022.00) is to be allocated to Alternate Payee for the purpose of equitable distribution
of this marital asset.
8. Member's retirement benefit is defined as all monies paid to or on behalf of Member
of SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding
the disability portion of any disability annuities paid to Member by SERS as a result of a
disability which occurs before the Members's marriage to the Alternate Payee or after the date
the Member's and Alternate Payee's final separation. Member's retirement benefit does not
-2-
include any deferred compensation benefits paid to Member by SERS. Equitable distribution of
the marital property component of Member's retirement benefit, as set forth in Paragraph Seven
(7) shall commence as soon as administratively feasible after Member's effective date of
retirement or the entry of this Stipulation and Agreement as a Domestic Relations Order
acceptable to SERS, whichever is later, effective March 1, 2007. Until such time that the
payment of the aforementioned $1,022.00 is paid directly from SERS as a result of this QDRO,
Member shall pay unto Alternate Payee the sum of $1,022.00 per month effective March 1, 2007,
and each month thereafter. It is understood that Alternate Payee will be responsible for all tax
consequences of payments after March 1, 2007.
Alternate Payee shall receive 29% of the lump sum withdrawal received by Member,
which benefit to Alternate Payee shall be the sum of $23,710.00.
Alternate Payee shall also receive the equivalent of one year's monthly benefits, or
$12,264.00.
Said $12,264.00 and the $23,710.00 shall be paid from Member's lump sum retirement
withdrawal and rolled into an IRA of Alternate Payee.
9. The type and amount of Member's retirement benefit payable under the terms of this
Stipulation and Agreement after its entry as a Domestic Relations Order acceptable to SERS is
dependent upon which option(s) is (are) selected by Member upon retirement.
-3-
10. Alternate Payee may not exercise any right, privilege or option offered by SERS.
SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each.
11. In the event of the death of Alternate Payee after receipt of any payments payable to
her from SERS under the terms of this Stipulation and Agreement, any death benefit or
retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate
to the extent of Alternate Payee's equitable distribution interest in Member's retirement benefit
as set forth in Paragraph 7.
12. In no event shall Alternate Payee have greater benefits or rights other than those
which are available to Member. Alternate Payee is not entitled to any benefit not otherwise
provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS
as provided in this Stipulation and Agreement. All other rights, privileges and options offered by
SERS not granted to Alternate Payee are preserved for Member.
13. It is specifically intended and agreed by the parties hereto that this Stipulation and
Agreement:
(a) Does not require SERS to provide and type or form of benefit, or any option not
otherwise provided under the Retirement Code;
(b) Does not require SERS to provide increased benefits (determined on the basis of
actuarial value) unless increased benefits are paid to Member based upon cost of
living or increases based on other than actuarial values.
-4-
14. The parties intend and agree that the terms of this Stipulation and Agreement shall be
approved, adopted and entered as a Domestic Relations Order.
15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend any Domestic Relations Order based on this Stipulation and Agreement,
but only for the purpose of establishing it or maintaining it as a Domestic Relations Order;
provided, however, that no such amendment shall require SERS to provide any type or form of
benefit, or any option not otherwise provided by SERS, and further provided that no such
amendment or right of the Court to so amend will invalidate any existing Order.
16. Upon its entry as a Domestic Relations Order, a certified copy of this Stipulation and
Agreement and any attendant documents shall be served upon SERS immediately. The Domestic
Relations Order shall take effect immediately upon its approval and the approval of any attendant
documents by SERS and shall remain in effect until further Order of Court.
WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation,
do hereby place their hands and seals.
Dated: 4_- 19 -
Dated: i?/ /(
-5-
17-
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KITTY GILHAM BRYSON,
Plaintiff,
V.
DANIEL GILHAM,
Defendant.
gar os nom p?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 4238 CIVIL 1989
CIVIL ACTION -LAW
IN DIVORCE
ORDER
AND NOW, this 2/0 day of racy , 2007, upon Stipulation and
Agreement of the parties, as evidenced by the executed Stipulation and Agreement attached
hereto and incorporated herein by reference, it is hereby ORDERED and DECREED that the
Stipulation and Agreement shall be adopted as a Qualified Domestic Relations Order.
BY THE COURT:
D?bution:
,Ar Richard Wagner, Esq., 2233 N. Front St., Harrisburg, PA 17110
JSa dra L. Meilton, Esq., 1029 Scenery Dr., Harrisburg, PA 17109-5322
-4
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KITTY GILHAM BRYSON
Plaintiff
V.
DANIEL GILHAM
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 4238 Civil 1989
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION AND AGREEMENT
AND NOW, the parties, Kitty Gilham Bryson, Plaintiff, and Daniel Gilham, Defendant,
do hereby Stipulate and Agree as follows:
1. The parties were husband and wife, and a divorce action is in this Court at the
above number. This Court has personal jurisdiction over the parties. The parties were married
on February 19, 1971, and divorced on December 19, 1990.
2. Daniel Gilham, hereinafter referred to as "Member," is a member of the
Commonwealth of Pennsylvania, State Employees' Retirement System, hereinafter referred to as
"SERS."
3. SERS, as a creature of statute, is controlled by the State Employees' Retirement
Code, 71 Pa.C.S. §5101-5956 ("Retirement Code").
4. Kitty Gilham Bryson, hereinafter referred to as "Alternate Payee," is the former
spouse of Member.
5. The name, last known address, Social Security number, and date of birth of the
plan "Member" are:
Name: Daniel Gilham ("Member")
Address: 20 Hillcrest Road, Enola, Pennsylvania 17025-2616
SS#: 167-40-2463
DOB: July 20, 1948
6. The name, last known address, Social Security number, and date of birth of the
"Alternate Payee" are:
Name: Kitty Gilliam Bryson ("Alternate Payee")
Address: 44 Acri Meadow Road, Enola, Pennsylvania 17025
SS#: 184-36-6556
DOB: September 26, 1946
It is the responsibility of the Alternate Payee to keep a current mailing address on
file with the SERS at all times.
7. Twenty-Nine Percent (29%) of the Member's current retirement benefit (the
specific sum of $1,022.00 per month) is to be allocated to Alternate Payee for the purpose of
equitable distribution of this marital asset.
8. Member's retirement benefit is defined as all monies paid to or on behalf of
Member of SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but
excluding the disability portion of any disability annuities paid to Member by SERS as a result of
a disability which occurs before the Member's marriage to the Alternate Payee or after the date
the Member's and Alternate Payee's final separation. Member's retirement benefit does not
include any deferred compensation benefits paid to Member by SERS. Equitable distribution of
the marital property component of Member's retirement benefit, as set forth in Paragraph Seven
(7) shall commence as soon as administratively feasible after Member's effective date of
retirement or the entry of this Stipulation and Agreement as a Domestic Relations Order
acceptable to SERS, whichever is later.
9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the
extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any
death benefits payable by SERS. This nomination shall become effective upon approval by the
Secretary of the Retirement Board, or other authorized representative of the Secretary, of any
Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any
death benefit remaining after the allocation of the equitable distribution portion payable to
Alternate Payee and any other alternate payees named under other SERS-approved Domestic
Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last
Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death.
If the last Nomination of Beneficiaries Form filed by Member prior to Member's
death (a) predates any approved Domestic Relations Order incorporating this Stipulation and
Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic
Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for
purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the
Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee
predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate.
In addition, Member shall execute and deliver to Alternate Payee an
authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate
Payee all relevant information concerning Member's retirement account.
10. Member and Alternate Payee acknowledge that Member has already retired under
the terms of a Maximum Single Life Annuity. Member further acknowledges that his option
selection is final, binding and irrevocable.
*Per the attached email dated July 9, 2008 from Jill S. Vecchio, Counsel, PA State Employees'
Retirement System, Member selected Option 4 for which there are no death benefits.
11. Alternate Payee may not exercise any right, privilege or option offered by SERS.
SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each.
12. In the event of the death of Alternate Payee after receipt of any payments payable
to her from SERS under the terms of this Stipulation and Agreement, any death benefit or
retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate
to the extent of Alternate Payee's equitable distribution interest in Member's retirement benefit
as set forth in Paragraph 7.
13. In no event shall Alternate Payee have greater benefits or rights other than those
which are available to Member. Alternate Payee is not entitled to any benefit not otherwise
provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS
as provided in this Stipulation and Agreement. All other rights, privileges and options offered by
SERS not granted to Alternate Payee are preserved for Member. Member and Alternate Payee
acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain
subject to the Public Employee Pension Forfeiture Act, 43 P.S. § 1311, et seq.
14. It is specifically intended and agreed by the parties hereto that this Stipulation and
Agreement:
(a) Does not require SERS to provide any type or form of benefit, or any option not
otherwise provided under the Retirement Code;
(b) Does not require SERS to provide increased benefits (determined on the basis of
actuarial value) unless increased benefits are paid to Member based upon cost of
living or increases based on other than actuarial values.
15. The parties intend and agree that the terms of this Stipulation and Agreement shall
be approved, adopted, and entered as a Domestic Relations Order.
16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain
jurisdiction to amend any Domestic Relations Order based on this Stipulation and Agreement,
but only for the purpose of establishing it or maintaining it as a Domestic Relations Order;
provided, however, that no such amendment shall require SERS to provide any type or form of
benefit, or any option not otherwise provided by SERS, and further provided that no such
amendment or right of the Court to so amend will invalidate any existing Order.
17. Upon its entry as a Domestic Relations Order, a certified copy of this Stipulation
and Agreement and any attendant documents shall be served upon SERS immediately. The
Domestic Relations Order shall take effect immediately upon its approval and the approval of
any attendant documents by SERS and shall remain in effect until further Order of Court.
WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation,
do hereby place their hands and seals.
Dated: 0? 0
Kitty it Bryson
2
Dated: 7-
'Daft 4 g7
e dilbfinf
Gloria Rine
From: Vecchio, Jill S. Ovecchio@state.pa.us]
Sent: Wednesday, July 09, 2008 12:08 PM
To: Gloria Rine
Subject: RE: Daniel Gilham - QDRO
Gloria,
As a follow up to our conversation this morning, in order to clarify Paragraph 7, please add the words "per
month" after the dollar amount listed in Paragraph 7. This will make it clear that the $1,022.00 is to be paid
to the Alternate Payee each month from the Member's monthly annuity check.
Also, in response to your question, SERS cannot release the Member's beneficiary form without an
authorization to do so from the Member. However, in the current situation, because Mr. Gilham took a
Maximum Single Life Annuity upon retirement and took a full Option 4 withdrawal, there is no death
benefit payable upon Mr. Gilham's death. Therefore, the language contained in Paragraph 9 is moot.
Please let me know if I can be of any further assistance to you
Jill
Jill S. Vecchio
Counsel
PA State Employees' Retirement System
30 North 3rd Street
Harrisburg, PA 17101
(717) 237-0225 (direct dial)
(717) 787-5751(fax)
Mecchio(i?state.na.us
NOTICE: PRIVILEGED AND CONFIDENTIAL
The informati on contained in this message and any attachments contains privileged and confidential
material intended for the sole use of the individual(s) named above. The sender preserves the attorney-
client, work-product, and any other privilege, as applicable. If you are not an intended business recipient
listed above, or an employee or agent of such recipient who is responsible for delivering this material to
them, you are hereby notified that any disclosure, duplication, distribution, or other use of this information
or the taking of any action in reliance on the contents of this transmission, without the express written
consent of the sender, is STRICTLY PROHIBITED. If you have received this transmission in error, please
notify the sender immediately by telephone, so the return of this material can be arranged at no cost to you.
Receipt by anyone other than the intended recipients is not a waiver of any attorney-client, work-product, or
other applicable privilege.
7/9/2008
C3 a C3
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KITTY GILHAM BRYSON
Plaintiff
V.
DANIEL GILHAM
Defendant
JUL 2 3 2008
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 4238 Civil 1989
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this day of 14vro,,, , ?008, upon Stipulation and
Agreement of the parties. as evidenced by the executed Stipulation and Agreement attached
hereto and incorporated herein by reference, it is hereby ORDERED and DECREED that the
Stipulation and Agreement shall be adopted as a Qualified Domestic Relations Order.
BY THE COURT:
Distribution:
? Richard Wagner, Esquire, 2233 N. Front Street, Harrisburg, PA 17110
? Sandra L. Meilton, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109
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