HomeMy WebLinkAbout94-03710
_.***~*~,*-_.*~"~'~'~'**~'~'~~'.'.-'~..~~:'.
~ ~~,,,,,,,-,,,,--,--,---...," --.." . -~.' y--. '4 ~ :' ,- ....- - .- .', . -, . .... . . -. . .. ..-.. -., - . . ~ --, ., . ..,. ..-. ' , '- "......-,.. -.-'--, --~.... _
~
.:.
...
81
8
S
~
S
,;,
...
8
$
8
S
8
~
8
8
$
~
8
8
8
8
M
I~
8
DEe R EEl N ..0. fI ~l 11M 8
o I V 0 R C r M 't~..J..Jf'i'1 i
, . . " , , , , , , , . , , , , " 19 q. . , " It is ordered and :
~
~
~
~
,:.
.,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~, PENNA.
S
S
S
S
S
,;,
...
KAY E. GAULT,
No. , 94-3710,.. ",CIV.u." 11)94
Plaintiff
\,jll'i"l1~
DEAN M. GAULT/
Defendant
IN DIVORCE
,;,
...
~
...
~
,;,
...
SI
~
"
~
~
8
8
~
8
~
,;,
...
AND NOW,,, "" '
decreed that, , , , , , , 1<[\, , 1'" <J[\U,L.T, , , , , , , , , . , , , , , , , . .. , ." ' . . , . " plaintiff,
and.".""., ,DEAN,M. ,GAULT"",."""",.".,."...,..,.... 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 Iinal order has not yet
been entered;
,;,
...
,""" t'l9IW.., ,
,.,.,..,."..,.,.'"",.....,. ,.,......... .... ......,
8
~
~
"
~
~
8
~
~
. nH_
.~:' '.. ':.;. ':.> ,'.'
.~
':+:. :.;. ';t;. .:+:. -:t;, .:+;. <+;. <6;' .:+:. .:+:- .:.;. -:.:. .:+;. .:+;.'
~
~
'.'
~
IW
I':'
,~
I~
I:::
~
I:
:~
'*
s
~
,
I~
;','
7. ? ~5' tAl, Co/J-l ;tta.4/ ~ aty X14-
,.t'?}'- 71~~t;, tift'
... '- 'I
, , ,
KAY E, GAULT/
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-3710 CIVIL TERM
VS,
DEAN M. GAULT /
Defendant
IN DIVORCE
PRABCIPB TO TRANSMIT RBCORD
TO 'rHE PROTHONOTARY I
Tt-ansmit the record, together with the following information, to the
court for entry of a divorce decree I
1. Ground for divorce I irretrievable breakdown under section (3301(c))
~~ 3301(d)) (1) of the Divorce Code.
2, Date and manner of service of the complaint I Service by Sheriff,
f;p" AttAr-hAd Exhibit "A"
3. (Complete either paragraph (a) or (b)),
(a) Date of execution of the affidavit of consent required by
Section 3301(c) of the Divorce Codel by the plaintiff June 27. 1995
I by defendant June 27. 1995
(b) (1) Date of execution of the plaintiff's affidavit required by
Section 3301(d) of the Divorce Codel
(2) Date of service of the plaintiff's affidavit upon the
defendant.
4. Related claims pending I None
5. Indicate date and manner of service of the notice of intention to
file praecipe to transmit record, and attach a copy of said notice under
section 3301(d)(I)(i) of the Divorce Code
\fl
f!
f11
("')
~r.-
r '..f' ~J
\,61{;r:>,'r
(.'~: 1
"
~ '1
't,-
,
C' I
,
:.f,t.l
,
':,',r
. d"'~
,I .i~ (-~
,. '~-J
!......'
ffl
J\
w'
LAW OFFICES
8AI0I8, GUIDO I MA8LAND
26 W.)1I0H STIUlBT
'~ARUSLE, PENNA, 1701l
PHONE (7171 20,6221
!
..
"
j
KAY E. GAULT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
94- .3 7/V
CIVIL TERM
DEAN M. GAULT,
Defendant
I IN DIVORCE
NOTICE
You heve 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 the divorce is indignities or
irretrievable breakdown of the marriage, you may request
marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at the Cumberland
County Court House, High and Hanover Street, Carlisle,
Pennsylvania,
IF YOU DO NOT FILE
PROPERTY, LAWYER'S FEES
ANNULMENT IS GRANTED, YOU
THEM.
A CLAIM FOR
OR EXPENSES
MA Y LOSE THE
ALIMONY, DIVISION OF
BEFORE A DIVORCE OR
RIGHT TO CLAIM ANY OF
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Court
One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
Administrator
()
~/
,___-1'
-'-
r<", ..r;) ') / '
.., --
John,nil ;i1, 'Deily, E re
Attor~y for pl intiff
SA~nI , GUIDO,_ SHUFF & MASLAND
26 W st High Street
Carlisle, PA 17013
(717) 243-6222
KAY E, GAULT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
94- 37/0
CIVIL TERM
DEAN M, GAULT,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301(01
OR 330l(d) OF THE DIVORCE CODE
1, Plaintiff is Kay E, Gault, who currently resides at
515 W. Main Street, Mechanicsburg, Cumberland County,
Pennsylvania 17055,
2, Defendant is Dean M, Gault, who currently resides at
515 W, Main Street, Mechanicsburg, Cumberland County,
Pennsylvania 17055,
3, Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six months immediately
previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on
SAltllS,lltlltlO,
SItUt'!' &
MASI.ANIl
August 19, 1989 in Duncannon, Perry County,
5. There have been no prior actions of divorce or for
annulment between the parties,
6. The Plaintiff has been advised of the availability of
marriage counseling and the Plaintiff may have the right to
request that the Court require the parties to participate in
counseling,
Having been so advised Plaintiff does not desire
2f1 W 1I1~h Sln't'l
l'Iuli.h',IIA
the Court to order counseling,
7, The marriage ie irretrievably broken,
SAmlS, GUmO,
SIIlIH' &
MASt.ANU
lh W IIiMh Sllrrl
('ntli~ll', ItA
I'
II
II
Ii
Ii
ii
i!
I,
"
WHEREFORE,
Plaintiff
'I
I,
~ enter a decree in divorce.
,\
I:
d
Ii
,i
II
!i
I
I
Datedl
)
ii
I:
!1
i
Ii
1\
II
I
I. ' /
,
requests Your Honorable Court
to
Respectfully submitted,
COHMONWEAL'l'H OF PENNSYLVANIA.
COUNTY OF CUMBERLMm .SS
1 verify that the atatementa .ade in thia Co~plaint are true
and correct. I underatand that falae atatementa herein are ~ade
aubject to the penaltie. of II Pal c.s. Saction 490., relating to
unlworn fallification to .uthoritie..
DATED.
((. 3~) -Vel
J~ S ~1!:udr
Kay E. It I Plaintiff
..
~l !'~~
........~ '
....-, .
~"'~:;lD
'~... 'z
:~ :~
,-
:w.:
:~ ,
~i~
,j~. .
fa.
~)~Cl
.......
~
~ ~
\ -..;.
a9't
N ~
"\t-, ~
tJ~
.
t~
~ .
. .
.
0
--:r I:) ';) \n
rn , , VI 0
..
t,; I.n
r, I'
j -
-
.
,~
~
.
, ,
I ,...
, - ,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No, 94.3710
KAY E. GAULT,
v,
DEAN M. GAULT,
Defendant
CIVIL ACTION. DIVORCE
KAY E, GAULT, Plaintiff, being duly sworn according to law, deposes and says:
1. That a Complaint In Divorce under Section 3301 (c) of the Divorce Code was filed on July
7, 1994,
2. That my marriage with DEAN M. GAULT, Defendant, Is Irretrievably broken.
3, That I consent to the entry of a Decree In Divorce on the grounds that the marriage Is
irretrievably broken.
4, That I understand that I may lose rights concerning alimony, division of property,
counseling fees or expenses If I do not claim them belore a divorce Is granted.
I verily that tha statements made in this Affidavit are true and correct to the best of my
knowledge, Information and belief. I understand that false statements herein are made subject to
the penalties of 18 Pa.C,S, 4904 relating to unsworn falsification to authorities.
. ",' ,
i-d.-{/ c', .~!ku.{ e.f'
(/ Kay E, Gaull, Plaintiff
6, ';;7- y!J
Date:
\:A
..
iE
f!.
('l')
,.
.: ,'"
.. ..
,_r
Ul',I:'- ..f
~ I _~ - .,
,i. } -: ..~
, .
c:::I
,....,
\!i
"""l
" .
, '''.
. -,
KAY E, GAUL T,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94.3710
v,
DEAN M. GAULT,
Defendant
CIVIL ACTION. DIVORCE
DEAN M. GAULT, Defendant, being duly sworn according to law, deposes and says:
1. That a Complaint In Divorce under Secllon 3301 (c) of the Divorce Code was filed on July
7, 1994.
2. That my marriage with KAY E. GAULT, Plaintiff, Is Irretrievably broken.
3, That I consent to the entry of a Decree In Divorce on the grounds that the marriage Is
Irretrievably broken,
4, That I understand that I may lose rights concerning alimony, division of property,
counseling 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 to the best of my
knowledge, Informallon and belief, I understend that false statements herein are made subject to
the penalties of 18 Pa.C,S, 4904 relallng to unsworn falslflcallon to authorllles.
Date:
~
to
IE
(f,
f' .
.. .
""r
I 1",1
11'\" ';"
'''~ ,. "I"j
.i.,~ r ..
.
\T)
..
F'
..
::,,-
'J\.'
.f.''''
I. ~~_I
, ~.'
;"l
Q
rt"I
~
.. .
,.... ~_.,.._..'.o- .h ......_....._ .-,'. .. ,. "
, I.....
'. I
SHERIFF'S REWRN
~Wll 01' PENNSYLVANU"
COUl'11'Y OF CLMIlERLAND
In The Court of Common Pleas of
Cumberland County. Pennsylvania
No. 94-3710 Civil Term
Complaint in Divorce. Complaint
Under Section 3301(c) or 3301 (d)
of the Divorce Code
Kay E, Gault
VB
Dean M, Gua]t
Robert 1" Fink
, ShIUtKlID<16lf Deputy Sheriff of
CUnberland County, Pennsylvania. who being duly sworn according to law, says,
that he served the within Complaint in Divorce. Complaint Under SecUon 3301
(c) or 3301 (d) of the Divorce Code I
upon Dean M. Gualt . the defendant, at 2140 o'clock
P .M, I5ef / EDST, on the
day of July
. 1994 at
25
541 W. North street. Carlisle
Pennsylvania, by handing to Dean Gualt
. CUnberland County,
a true and attested copy of the Complaint in Divorce, Complaint Under Section
330] (c) or JJUl (a) ot the Ulvorce ~oae
and at the same time directing his attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's COStSI
Docke ling
Service
M fidav it
Surcharge
14.00
2.80
So answerSI
r~~M~~~
2.00
18.80 pd. by Atty.
7-26-94
R. Thams Kline. Sheriff
by ~/~~.~
Deputy shedrr
SWOll1 Ilnd subscribed to before no
t hi B __JIP'~ day of ,'" ('1
\1 f/
I<J.-J.L_. ^,D,
n. I )1 /1') It'
..{J .lL.(,.LL.. j ld.:..:i1lJ..:Lf.,*,'J
Prothonotary
'My E, c;T\ULT I I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIl, ACTION - LAW
I
va, I NO. 3710 CIVIL 19 94
DEAN M, c;T\UL l' . I
Defendant I IN DIVORCE
STATUS SHEET
DI\TEI
I\C1'IVITIESI
~t"
4..1""'1'\..
'.-"
~ ~..- I
, J
: ,I,.' .//'
i
"
,I <>vi l M. ~fU.'<,-v
IJ'fl<lJ-:;[ ,~.'
I, Robert Elicker, II
Divorce Masler
Trecl Jo Colwer
Olllee ManagerlRoportor
Johnna J. Deily
Attorney at Law
SAIDIS, GUIDO, SHUFF
26 West High Street
Carlisle, PA 17013
RE: Kay E, Gault vs, Dean M, Gault
No, 94-3710
In Divorce
.
'*
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 Nor1h Hanover 811001
Carlislo, PA 17013
(717) 240-6535
West Ihore
697-0371 Ext. 6535
January 27, 1995
& MASLAND
LeRoy smigel, Esquire
SMIGEL, ANDERSON & SACKS
2917 North Front Street
HarriSburg, PA 17110-1223
Dear Hs, Deily and Mr, smigel:
By order of Court of President Judge Harold E. Sheely
dated January 24, 1995, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on July 7, 1994, raising
grounds for divorce of irretrievable breakdown of the marriage,
No economic claims were raised in the complaint.
On January 23, 1995, an answer and counterclaim were
filed in response to the complaint and the Defendant raised the
economic claim of equitable distribution.
I assume that neither of the parties is objecting to the
entry of a divorce based on the filing of mutual affidavits of
consent, Based on that assumption I am directing each counsel
in accordance with P,R.C.P. 1920.33(b) to file a pre-trial
statement on or before Friday, February 17, 1995, Upon receipt
of the pre-trial statements I will immediately schedule a
Ms. Deily and Mr, smigel, Attorneys at Law
27 January 1994
Page 2
pre-hearing conference with counsel to discuss the issues and,
it necessary, schedule a hearing,
Very truly yours,
E, Robert Elicker, II
Divorce Master
NOTE I Sanctions for failure to file the pre-trial statements
are set forth in sUbdivision (c) and (d) of Rule 1920,33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL,
.
OFFICE OF DIVORCE MASTER
CUMllERLANO COUNTY
COURT OF COMMON PLEAS
9 North Hanovor Slreol
Carlislo, PA 17013
(717) 240,6535
E. Robert Elicker. II
Divorce MaGler
Tr.clJo Col~er March 2, 1995
011 Ice Manager/Reporter
Johnna J, Deily
Attorney at law
SAlOIS, GUIDO, SHUFF & MASLAND
26 West High Street
Carlisle, PA 17013
Wesl Shore
697.0371 Exl.6535
Carol J. Lindsay
Attorney at Law
FLOWER, MORGENTHAL,
& FLOWER & LINDSAY
11 East High street
Carlisle, PA 17013
REI Kay E. Gault vs, Dean M, Gault
No, 94-3710
In Divorce
Dear Ms, Deily and Ms. Lindsay:
I am in receipt of a letter dated March 1, 1995, from
Carol Lindsay requesting additional time in which to file a
pre-trial statement on behalf of Mr, Gault, Ms, Gault
previously filed her pre-trial statement on February 17, 1995,
the date set forth in a prior directive. However, in view of
the fact that Ms, Lindsay is taking over representation of Mr.
Gault in the case and requests additional time, I will issue a
directive that Ms, Lindsay file her pre-trial statement on or
before Monday, March 20, 1995.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTEI Sanctions for failure to file the pre-trial statements
are set forth in sUbdivision (c) and (d) of Rule 1920.33,
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING
COUNSEL.
KAY E, GAULT, I IN THE COURT OF COMMON PLEAS OF
plaintirf I CUMBERLAND COUNTY, PENNSYLVANIA
I
VB. I CIVIL ACTION - LAW
I
I NO, 3710 CIVIL 1994
DEAN M, GAULT, I
Defendant I IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TOI Johnna J, Deily
Carol J, Lindsay
, Couneel for Plaintiff
, Counsel for Defendant
A pre-hearing conference has been soheduled at the
Offioe of the Divoroe Master, 9 North Hanover street, Carlisle,
Pennsylvania, on the 19th day of April, 1995, at 9130 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 Noticet 3/22/95
E, Robert Elicker, II
Divorce Master
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 3710 CIVIL 1994
KAY E. GAULT,
Plaintiff
DEAN M, GAULT,
Defendant
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DATE: Wednesday, April 19, 1995
Present for the Plaintiff, Kay E, Gault, was
attorney Johnna J. Deily, and present for the Defendant, Dean M.
Gault, was attorney carol J. Lindsay.
A divorce complaint was filed on July 7, 1994,
raising grounds for divorce of irretrievable breakdown of the
marriage; no economic claims were raised in the complaint. On
January 23, 1995, an answer and counterclaim were filed in
response to the divorce complaint. The counterclaim raised,
inter AllA, a claim for equitable distribution. subsequently
on February 10, 1995, the Plaintiff filed a petition raising the
economic claim of alimony, Counsel fees and costs have not
been raised in the action.
Counsel have indicated that the parties will sign
and file affidavits of consent prior to the hearing to be
scheduled so that the divorce can be concluded under section
3301(c) of the Domestic Relations Code, with respect to the
alimony claim, counsel have also indicated that they will agree
that marital misconduct will not be an issue,
Wife is 43 years of age and resides at 3750 Derry
Street, Harrisburg, Pennsylvania, where she lives alone, she is
a high school graduate and is currently engaged in a program to
become a nurse at the York College of Nursing. She anticipates
that she will be finished in May 1996, Over the summer, when
school is in recess, she anticipates having a summer job to
supplement her income. She is paying for her education through
a student loan, using $5,500.00 of the loan for tuition and
$4,500,00 for living expenses, for a total annual loan of
$10,000,00, Wife does not know if she will need to take out
another loan for the last year of nursing school until she is
certain as to the status of the settlement in the divorce
proceedings. If the case is settled she most likely will have
more than sUfficient cash to pay for her final year in school
and will not need to take out the loan, Wife is also receiving
spousal support from husband in the amount of $550,00 per month
pursuant to a Court order entered in cumberland County, Wife
does not complain of any health problems, She has an
emancipated child to a prior marriage.
Husband is 48 years of age and resides in the
marital residence at 515 West Main street, Mechanicsburg,
Pennsylvania, Wife's attorney believes that he has a boarder in
the home who has been living there since November 1994.
Husband is a high Bchool graduate and has an Associates Degree.
He works at the Commonwealth of Pennsylvania in the Department
of Transportation as a skilled maintenance person, His biweekly
gross income is $924.75, with a net income of $647.00. He also
has a net rental income from his premarital properties of
$670,00 per month.
The marital residence at 515 West Main street,
Mechanicsburg, Pennsylvania, has been apprais~d by husband and
the appraisal provided this date shows a market value of
$145,000,00, Wife retains the option to have that property
appraised should she choose. With respect to the computation in
determining an equity value in that property for purposes of
distribution, the property is subject to a first mortgage in the
approximate payoff of $38,000.00, $40,000,00 derived from the
sale of husband's premarital property, and $28,000.00 as a gift
to the parties from husband's parents. Wife also claims that
she contributed to the property by borrowing money from a
savings plan which she paid back and $2,500.00 in cash, As to
the monies that wife claims she paid back, wife needs to verify
to husband's attorney whether or not those funds were paid back
during the marriage or were paid back at some other point to
allow wife the total contribution claim that she is making. In
any event, assuming that the computations have been verified and
approved by counsel, it appears as if there may be net equity
for purposes of distribution of $54,500.00; however, that figure
does not include the offset of $12,500.00 as previously noted.
Husband would like to remain in the house, so there does not
appear to be an issue as to whether or not the house has to be
sold,
Prior to the marriage husband owned 3 rental
properties, one in Ilarrisburg, one in steelton, and one in
Marysville, Counsel agree that the increase in value of the
Harrisburg property, which is the marital portion, is $2,500.00
and that the increase of the steelton property, which is the
marital portion, is $3,000,00, 1~ere is a dispute, however, as
to the numbers used in arriving at the increase in value for the
property in Marysville. Husband claims the increase in value is
$6,000.00; however, wife believes that because of monies put in
to the property and improvements made on the property that the
inorease in value should be more than that olaimed by husband,
The parties are going to try to resolve the
distribution and value of the household personalty, Wife has
prepared a list of property which she olaims ie in husband's
possession and husband has prepared a list which he claims is in
wife's possession. If the parties cannot agree to a
distribution and value of the property then the property will
have to be appraised. In addition to the household goods,
there is also some question about the value of antiques which
husband utilized in his flea market business, Husband placed a
value on those items of around $2,000.00 and it appears to be a
difficult proposition for wife to try to arrive at a value of
the so-called collectables and antiques around the date of
separation since the items have been involved in a business
wherein many of the items probably have been sold since the date
of separation.
There are two vehicles involved in the case that
were valued, a 1990 Mazda U-2000 pickup truck which is in the
possession of wife's son with a value placed on the truck by
husband of $5,000.00. Wife claims that by agreement this
vehicle was to become the son's vehicle and should not be
included; however, we do not know what husband's position is
regarding that vehicle and further, husband has no obligation to
provide a pickup truck to wife's Bon from a prior marriage, The
1992 Honda Accord in wife's possession has a value of $4,275,00,
Husband is an employee with the Commonwealth of
Pennsylvania and is a participant in the SERB pension plan.
Counsel have reviewed a statement from the plan showing a value
of husband's contribution during the marriage of $9,171,50,
However, we are unable to tell without an actuarial evaluation
as to whether or not this properly represents the marital value
of the plan since the number utilized represents the
contributions by husband only. counsel for wife will have to
make a determination as to whether or not she wants to have the
plan actuarially evaluated.
HUllband notes that he is the owner of an American
United life insurnnce policy and counsel are going to have to
provide verification as to whether or not that policy has any
cash surrender value. Husband is also the owner of an annuity
with Northwestern Mutual Lire. The purchase of that annuity
arises from monies given to husband and wife on a check tor
$20,000.00. The money that was given by husband's parents was
used to purchase the annuity and husband is the beneficiary of
that annuity.
counsel have listed two aocounts owned by husband
for which statements need to be provided, a PSECU account and a
Harris Savings account, Wife has listed an IBM Federal credit
Union account and she needs to provide the statement for that
account as well, All of the statements should be around the
time of separation of the parties.
The 50 shares of Talley Industries stock is not
going to be included in the equitable distribution computation.
This stock was acquired by husband prior to the marriage and it
appears as if it has lost value since the date of marriage,
Wife's IBM savings account and IBM severance
package benefits were funds received during the marriage which
wife claims were utilized during the time the parties were
living together, and she has provided counsel with an itemized
statement as to how those funds received from the IBM savings
and retirement severance were expended. There is however, a
tax deferred IBM savings plan which wife claims has a marital
value of $17,000.00 plus. The suggestion has been made that
wife keeps her tax deferred savings plan and husband keeps the
annuity with Northwestern Mutual Life obviating the need to get
into specific computations and values for those accounts in the
equitable distribution computation.
The Pioneer equity fund, as noted on the pre-trial
statement of husband, has to be verified. We do not have any
information presently as to the account.
Husband has placed a value on certain items of
jewelry which are in wife's possession and were purchased for
her during the marriage, which are marital property. Husband
has placed a value on that jewelry at $750,00. Wife will let
counsel know if she is in agreement with that assessed value
Which has been placed on the jewelry by husband.
Husband has $4,200.00, face value, in United States
savings bonds in his name but which arc marital assets. Counsel
can attempt to have the bonds valued or in the alternative they
can agree to simply take the face amounts and give each party
$2,100.00 of those bonds.
'I'he Master has indicated that he is not likely to
impose an alimony obl igat ion on husband cons idering the fact
that wife will have adequate assets arising out of the proposed
settlement in this case and also based on the fact that this is
a short term marriage, not the first marriage for both parties,
'rhe Master does not fee 1 that based on wife's background that
husband has an obligation to provide for the continuation and
I
furtherance of her education.
I
II
wife is going to provide husband with a cash value
of her life ineurance policies as of the date of marriage and
the date of separation, Further, wife is going to provide
husband's counsel all information that she can obtain on her
severance package with IBM.
A hearing is scheduled for Tuesday, June 27, 1995.
Notices will be sent to counsel and the parties.
E, Robert Elicker, II
Divorce Master
CCI Johnna J, Deily
Attorney for Plaintiff
Carol J. Lindsay
Attorney for Defendant
t ,.."
~. 114 oIJ .
Po!'l: 114 ij Po ~ If)
z ffi tI ~ , ....
'tl ~~ l~1 ~d ~
.~ ... N
~Po ~ ~ ....
~...l~1f)
8' ~ r-l 8 ~N$
Po 111l~ 8 e{~
~~ c kjPoe ~~8~:t~
o I , Pol!: ~~~~
0 . > . I>lM
~uoz E-t E-t lIIPoM O~~~~~
!~i:l ~ ~ ~ . ooo~
~I~ :::E llI!::Z ..
8 7tJ g~~~~; 1t~1t...l
'<l'!'l: c:i ~ . .
~r.lCl\ . 0"'"
. ~~r-l ~~~5
~~~~ r.l ~ oti~ :::~
~ ~ ti or -~-~
-- --
---.:$
\ ~ -f
"
, .
"
," '\.
_ 2 2 1995
"\II.llp..
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 94-3710
KAY E. GAULT,
v.
DEAN M, GAULT,
Defendant
CIVIL ACTION. DIVORCE
AND NOW, comes Defendant, DEAN M, GAULT, by and through his counsel,
FLOWER, MORGENTHAL, FLOWER" LINDSAY, and respectfully submits his Pre-Trial Statement
as follows:
1.
2.
Experts:
See attached Inventory and Appraisement.
Defendant anllclpates the need to call a property appraiser to set
Allet.:
forth the value of various real estate, Defendant reserves his right to supplement the list of expert
witnesses as appropriate,
3. Wltnllse.: Defendant, Plalnllff and witnesses as Idenllfied above, Defendant
reserves the right to supplement this statement as necessary,
4.
~: To be offered at hearing:
Income/Expense Statement;
Inventory/Appraisement; 1993 Federal Income Tax Returns; property appraisals;
and various account statements, Defendant reserves the right to supplement this list as necessary,
5.
Incom, Information:
Defendant Is employed by the Commonwealth of
Pennsylvania, Please see al1ached Income and Expense Statement.
6.
Expense Stfttemenl:
See attached Income and Expense Statement.
.:\I."ll.r~
7.
: Defendant has a retirement from his
employment with the Commonweal,,, of Pennsylvania, Defendant further believes that Plaintiff
received retirement benefits from her employment with IBM approximately two (2) year prior to the
partles'separatlon, However, Defendant Is without Information as to the specifics of these monies,
8,
Counsel Fees:
Reasonable counsel fees to be awarded to Defendant.
9, Jtems In Dispute: Non-marital property.
10, MlIrltRI Debts:
Unknown at this time.
11. Proposed ResolutlQI1: 40/60 distribution with Husband receiving 60% of
the marital assets,
Respectfully submitted,
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Defendant
Date: 3/2..//1 'i"'
,
By:
17013
2
.
1. Marital Residence Jt, $145,000.00
515 W. Main Street . 38,000,00 (mo~I'I' b.l.nto)
Mechanlcsburg, PA . ~ (mil, pljOfI by nun w/p~m.rilalrundJ)
$ 67,000,00
-..2llJHHlJHl (Iou ronlribullon by
hlllb.nd'. (>I~nll)
$ 39,000.00
2, Uental Property H As of 6/89. $17,500.00
2007 Briggs Street As of 8/94 . $20,000.00
Harrisburg, PA Acquired prior to marriage
3, Rental Property H As of 6/89 - $35,000,00
661 Mohn Street As of 8/94 - $38,000,00
Steeiton, PA Acquired prior to marriage
4, Rental Property H As of 6/89 . $55,000,00
515 Valley Street As of 12/14/94 . $61,000,00
Marysvllle, PA Acquired prior to marriage
5, Household goods Jt. $12,250,00 (IC' .IIIChed 11.1)
6. 1990 Mazda B.2000 Jt, $ 5,000,00 (wir. IOld/~<clved proccedJ)
pickup truck
7. 1992 Honda Accord LX Jt. $ 4,275.00 in equity
8. Commonwealth of P A H $9,171.50
Uetlrement
9. American United Life Ins, H to be proyided
10. Northwestern Mutual H $20,000,00 (&1ft &lven 10 hUlb.nd ror rcllrcmcnl)
Life Annuity
11. PSECU Account H nominal
12, Harris Savings H nominal
13. IBM Federal W unknown
Credit Union
14, 50 shares Talley Industries H As of 8/18/89 - $843.75
(preferred) As of 7/25/94 - $543,75
15. IBM Savings H $11,000.00 (al'" lrom hlllband', ptnnll)
16. IBM Retirement and W unknown, but estimated at $62,000.00
Severance
17, Pioneer Equity H estlmated at $7,500.00
18. Jewelry . W $750,00
Opal ring
Perldot ring
Ruby ring
Perldot earrings
Yellow earrings
Ruby earrings
19. Antiques Jt, $2,000.00
GAULT v,GAULT
1I0USEHOI.I) Goons
No, H/W's Descrlpllon H/W /M Value
Possession
1 W Microwave M 200,00
2 W 6x8 rug In kitchen M 50.00
3 W Answering machine M 60.00
4 W Glass TV cabinet (cherry) M 600.00
5 W His and her chairs M 1,500.00
6 W Old man piclure M 40.00
7 W Blue boy picture M 70,00
8 W Side chairs M 300,00
9 W 3 living room tables M 120.00
10 W Bedroom suite M 3,800.00
11 W 4 kitchen chairs M 110.00
12 W Josh's shlferobe M 60,00
13 W Cast iron bench M 195,00
14 W 2 clay planters M 15.00
15 W Couch M 1,000.00
16 W Gas grill M 150,00
17 W 8 piece setting of Pfaltzgraff with M 150.00
butler dish, salt/pepper and gravy boat
18 W Sheets, bedspread, bathroom towels, M 200,00
pillows
19 W 2 computers M 500,00
20 W VCR and video tapes H 250.00
21 W Pink recliner M 200,00
22 W Queen-size matlress and boxspring M 800.00
23 W 4 slice toaster M 20,00
24 W Mlscelluneous (dime collection, M 100,00
toiletries, etc.)
25 W Jnmnlcnn Inblecloth llnd Ince M 60.00
tnblecloth
26 W SlIverwnre nud drnwer trnys M 15,()()
27 W Eurekn vncuum c1enner M 225,()()
211 W Antique tnble M 35,()()
29 W 3 pictures of Irvin College nnd old M 60,()()
school
30 W Ceramic nnd kullled doll from Rnndy's M 120.()()
mom
31 W Kay's maroon desk chnlr M 1()(),()()
32 W Small orientnl carpet M 45,()()
33 W Antique jewelry box, jewelry set M 70,00
34 W 4 small fans H 50,00
35 W 2 20 x 20 breeze box fans H 30.00
36 W Christmas decorations H 80,00
37 W Church picture, mlscellnneous piclures M 250.()()
311 W Upholstered chair in front bedroom M 210,00
39 H Organ M 300,00
40 11 Lawn mower M 120.00
41 H Picnic table and benches M 120.00
42 11 2 crocks M 50,()()
TOTAL $ 12,150,00
INCOME AND EXPENSE STATEMENT OF DEAN GAULT
INCOME
Employer: Commonwealth of Pennsylvania
Address:
Type of Work:
Payroll Number:
Pay Period (biweekly):
Gross Pay per Pay Period
Itemized Payroll Deductions
Federal Withholding
Social Security
Local Wage Tax
State Income Tax
Retirement
Union Dues
Unemployment Compensation Tax
$ 924.75
115.18
70,74
9.25
25,89
46.24
9,06
1.39
Net Pay per Pay Period:
647.00
Other Income: Week Month Year
Interest:
Dividends:
Pension
Annuity
Social Security
Rents $670.00 $8,050.00
Royalties
Expense Account
Gifts
Unemployment Comp,
Workmen's Compo
Antique Sales nominal nominal
EXPENSES
Month
HOME
Mortgage
Maintenance
Utilities
Electric
Gas
Telephone
Cable
Water and Sewer
Trash
$ 666.00
76.00
100.00
113.00
40.00
26,00
65,00
25,00
EMPLOYMENT
Public Transportation, Lunch
75.00
TAXES
Real Estate
escrowed
INSURANCE
Homeowners
Automobile
20,00
83.00
AUTOMOBILE
Fuel, Repairs
Payments
160,00
240,00
PERSONAL
Clothing
Food
50,00
250.00
MISCELLANEOUS
Entertainment
Charitable Contributions/Gifts
RENTAL PROPERTIES
Advertising
Auto and Travel
Cleaning and Maintenance
Insurance
Taxes
Utilities
Painting/fix-up
GRAND TOTAL
100,00
100,00
8,08
39.66
64,75
76,50
91.50
86.66
59,75
$2,312.90
Year
$ 6,660,00
lIDD
1,200,00
1,356,00
460,00
300.00
760,00
300,00
900,00
240.00
996.00
1,800,00
2,660,00
600.00
3,000.00
1,200.00
1,200.00
97,00
476,00
777.00
918,00
1,096.00
1,040,00
717.00
$29,915,00
"
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No, 94.3710
KAY E. GAULT,
v,
DEAN M. GAULT,
Defendant
CIVIL ACTION. DIVORCE
I, CAROL J. LINDSAY, Esquire, do hereby certify that on the J I day
of March, 1995, I served a true and correct copy of Defendant's Pre-Trial Statement upon
JOHNNA J, DEILY, Esquire, by depositing same in the United States First Class Mall,
postage prepaid, addressed as follows:
JOHNNA J. DEILY, Esquire
26 West High Street
Carlisle, Pennsylvania 17013
I
I
I
i
I
1
FLOWER, MORGENTHAL, FLOWER & LINDSAY
Attorneys for Defendant
By:
17013
LAW OJ1PICBS
FLOWER, MORGENTHAL, FLOWER & LINDSAY
A raOI'UlllOHAL CORl'OlAnoH
II EAST HIGH STREBT
CARLISLE, PENNSYLVANIA 170t3-3016
INdUS 0, I'I.OWUR
ROOUR M. MOROlOOllAL
IAMIJS \), 1'I.oWUR, II\.
C\ROI.I, \JNDSAY
OIursOI .. MOROlOOllAL
(191$.19&5)
I'LOWUR, KRAMUR
MOROIlNlllAL .. I'I.oWUR
(19&5-1991)
(717) 24)'s'\13
I'AX: (717) 24).6510
March 20, 1996
E. Robart Elicker, II, Esquire
9 North Hanover Street
Carlisle, PA 17013
RE: Gault v, Gault
No, 3710 Civil 1994
Deer Bob:
Encloaed please find Dafendant's Pre-trial Statement to ba flied In the captioned
matter.
Very truly yours,
FLOWER. MORGENTHAL, FLOWER a LINDSAY
Ua(~L
Carol J, Lindsay
CJL\tJb
cc: Johnna J, bally. Elqul,.
Olin M, Gault
Fill 14812015,01
LAW OFFICES
FLOWER, MORGENTHAL, FLOWER & LINDSAY
"1'tlUnlMIONAl. l'tIM'..IRATIUN
II EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013-3016
JAMIlS II, 1~.OWI!II
ROOI!II M, MllllOllNI1IAI.
JAMllS I), 1~.llWl!Il. Jll.
CAROl. J, 1.INIlSJ\ Y
IIl1rJ'SCII& MllllOUlmlAL
(I975.\'ISS)
IWWllIl. KIlAMIlR
MUlIOI!N'IlIAI. & I'I.OWIlR
(I'1SS.IW))
(717) 243,5513
FAX: (717) 143~,\IO
March 1, 1996
E. Robert Elicker, II, Esquire
9 North Hanover Street
Carllale, PA 17013
RE: Gault v. Gault
No, 3710 Civil 1994
Dear Bob:
I received the file in the captioned case and spoke with Johnna Deily. who has no
objection to my taking two weeks to review the file and prepare a pre-trial statement.
Thank you for your consideration In this matter,
Very truly yours,
FLOWER, MORGENTHAL, FLOWER & LINDSAY
{~tK~
Carol J, Lindsay
CJL\lJb
CCI Johnna J. Dallv. Elqulra
Daan M, Gaull
flit '4822016-01
Luw Oftices
SAlOIS, GUIDO, SIIUFI~ & MASI.AND
A f'ttlJl UliIONAI, ('OftI'tUtM IIIN
Weslllhore omrel
2109 Mllkel SIItCI
CllUp 1111I. "A 17011
Telel'ltoue: OI7l 737,340'
I'1C.hlllle: (717l737-3407
John (!, SlIke
Rohen (', Suldl.
Edwurd I!, Ouldu
Gcoffrey S. Shuff
Albert II, MBllond
Johnno J, Deily
TImothy M, Aniline
21. Wcsllllgh Sltcel ' I'ml omcc lIoK ~(.ll
Carlisle, J'ennlyhanla 171113
Telephone: (717) 243,h222 . I'ucshnlle: (717) 24J.h4Kh
Reply 1\1 ('arlllle
February 10, 1995
E, Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 11013
REI Gault v, Gault
No, 94-3710
In Divorce
Dear Bobl
I am enclosing for your information a certified copy of a Petition
for Alimony and alimony pendente lite that my client has now filed.
We would ask that alimony and alimony pendente lite be considered
as part of your Master's appointment. If I need to file a separate
Motion for appointment of Master for these two issues, kindly
advise and I will do so (Defendant.s attorney filed the original
Motion) ,
Very truly yours,
-" "
SAlOIS,
.
GUIDO, SHUFF ~kASLAND
...,- t -" / )
. "- --~--l . _, .-'
,.
Johnna J. Deily /
,I
JJD/tam
EncloBure
cCI LeRoy Smigel, Esquire
Kay E, Gault
SMIGEl" ANUlCnSON &, SAUlCS
ATTORNEYS "T LAW
L' noy SMIOU.
c. l[t "NOE RION
ITUAAt !I IACKI
JOUN W rRo......rR
GARY L K[U.[Y
uoal-ptt U 0 ......ICO
21i117 NeATH rRONT STR[[T
HARRISBURG, PENNSYLVANIA 17110.1223
(717) 234,2401
rAM (717) IJ4'JIII
tILl NO,
4224-1-4
Fabruary 22, 1995
FAX
I, Robart Ilicker, II, Isquire
Offica of tha Divorce Maater
9 North Henovar street
Carliale, PA 17013
Ral Kay I. Gault v, Dean M, Gault
No, 3710 civil 1994, Action in Divorce
Dear Mr. Elicker:
I a. requesting, on behalf of Dean Gault, a continuanca
regarding filing of the pre.trial statement in ordar to allow hi.
to obtain other counael. We will be delivering hia fila to hi.
during thG waek of February 27, 1995. Mr, Gault will be
obtaining auccessor counsel at that time. Your cooperation would
be .oat appreoiated,
By copy of this letter to opposing counsel, I am advising
her of thia development.
sincerely, dnv
t/'O
rf~L\., d-lr
LeRoy smigel
LRS I vlf
CCI Johnna J, Deily, Isquire
Nr, Dean Gault
o
,: .
'..
_...Jt;.~~..s...~:~~.J.1:...__......._......
In lhc COlin 01 COlNDOn Plaa 01
CwnUerlaad C4l111lY. Pmnsyh..aia.
-.---.-----------------....-----..-..-.---.-.-
VI.
...t2~~i.~_..!~l~..i'~~~~r....____..._______
1'1,),
.._:7~1~_.~~?'!.~_.___._.__
CIYU.
IP:i';:JJ~-::'
.---.....-........-.............-----...------
----.-.---...---.-.-------------..------------
.._........ ...... . ._. o. ............_____.._..
J:~...~1.~~~._.J(j~~~i~~~.~~~......--......---....-.-....-............-.........-............
..... .. .......1.l~J.ll.__-.i.S'!(1:);l~:ls.... :L~~.._..(~::.J~f..l~;;; J... L'2._.){:':;..........
~\?~~f.~S!~t;f~;;!J--..~~!{~....---.....-..................--.........-....---..-.-..'...
..-...---.-.-.-.-.--------....---------...--.-.--------------------------------------------------
.-----..-.----.-------------.....-.------....-....-.-.------------....----.-.-..-....-.-....-.---
.---------------------------.....-----..-------------------------....--..-.---...-..--..--.--.-.-
..-----...--.------------... -...--..---------..-------.-. . .-..--. ...-.....---..- ....-----.---.--
~\
..J--, - ~1
----_..~---~-------._._-_..--_._--_._.-
Prolhonotary
':~~VL
-----------.---.-------------------...
To _...__.._____...__________..________.....
Ancmey for Plalnlilf,
;'
f<
.
r~
~
~
....
\,
~ 1_.t-I
'..
.....
-,..,j,
Ho. _..__......_______.. Temt. 19______
.......---------------------...-----------
YI.
...----..---.-----..-.--------.--....-----
PR.\ECIPE
FUed ____________.._____________ 19._____
____________________ ___ ___ _____ __., .-\t tv.
------.------.-------..----..--------------
,-~)
c.;
.-
t '~..l
1'",
....
l....,
;;t:
u:;
..r:.
.' .
~
.,
i& ~
~
C,; 0
0(
rn . F:
w
ill 3 ~ :!
l'. z
~ <( 6
0 . ~
1 .
i& ~ ~ )- ~
III III ;l,
II 1 Z OJ
~ Z ~ Z ,
It W -
0 0 Q. ,
~ ~ 2 0
. I'
.I in 0:
II N ::l
m
0 III
..
J: 0:
II
III <(
J:
,
"
tll THE COURT OF CO~1lo\ON PLE.'S OF
CL~ERlAND COUNTY, P~~NSYLVANIA
KAY E, GAULT
Plaintiff
vs,
DEAN M. GAULT
NO. 3710
Civil
19 94
Defendant
~~TION FOR APPOI~~~T OF ~STER
(Jt~l~ (Defendant) I
following claims:
moves the court to appoint
DEAN M, GAULT
a master with respect to the
( X) Divorce
( ) ,I.nnulmen t
( ) Alimony
( ) ,Uimony Pendente
Lice
( x )
( )
(X )
(X )
Distribution of Property
Support
Counsel Fees
Costa and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested,
(2) The defendant (has) iliIUOlllll) appeared in
(by his attorney, LeRoy Smiqel
(3) The staturory ground(s) for divorce (is)
the action (~R~)
,Esquire).
~ Section 3301(cl
or 3301(d)
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the
folLowing claims:
(c) The action is contssted with respect :0 the follOWing
claims:
(5) The action ~~~ (does not involve) complex issues of law
or ract.
(6) The hearing is expected to take six (61 (hours) (,IA~.
(7) Additional information, if any. relevant to the ~otion:
Date: II ~S LeRoy Sm1Qel L//I#./,~;~(u/J'
Attorney for k~' , ('
(Defe,ndan )
\ ' ORDER APPOI~TIllG :lASTER
AND ~IOW ~,., ')' ,191."_' \ I "l Ie" ,( 1 "I / Esquire,
is appointld master ,.nth respect tilthe rollowing claiml: ',' I ,'""" j
By the Court:
, !
. J c l ,I I
,) (II)
J
JAN l J t\ 115 ,iH '95
i P1~
1
LAW omcns
SAlOIS, GUIDO, SHUFF" MASLAND
26 W. 11I011 STRnlIT
CARLlSLIl, l'nNNA, 11013
. ' PIIOND (111) 24].6222
KAY E, GAULT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 94-3710
v.
DEAN M, GAULT,
Defendant
PETITION FOR ALIMONY
AND NOW, comes the Plaintiff Kay E. Gault by and through her
attorneys Saidis, Guido, Shuff & Mas land, and pursuant to
Pennsylvania Rule of Civil Procedure 1920.13(b), pleads as
follows:
1, Plaintiff originally filed a Complaint in Divorce to the
above term and number on or about July 7, 1994, under Section
3301(c) or 3301(d) of the Divorce Code,
2. The allegations in paragraphs 1 through 7 of the Divorce
Complaint are made a part hereof and incorporated herein by
reference.
3. Plaintiff lacks sufficient property to provide for her
reasonable needs and is unable to support herself through
appropriate employment.
4. Plaintiff requires reasonable support to adequately
SAIDIS, GUIDO, maintain herself in accordance with the standard of living
snUFF &
MASLAND established during the marriage.
26 W, lIigh 51""1
Cul;.I"I'A
5 .
Defendant is financially able to provide for the
reasonable needs of the Plaintiff,
TRUE COpy FROM RECORD
In Testimony whoreor, I hero unlo set my hand
;101d 1110., l.or 51d ' ul! at Carlisle, Pa, _
Thl., IJ ( ,19.il-
, l'
~}'ly Prolh ry
!
WHEREFORE, plaintiff requests Your Honorable Court to enter
an Order of an Award of Alimony Pendente Lite until final hearing
and permanent alimony theleafter,
Respectfully submitted,
Datedl
;) , ~ .C;-{-
Attorney for the plaintiff
SAIIlIS, GUIDO,
slIun' &
MASI.AND
l~ W, Ililh Strut
Clllillo,I'^
SAIDIS, GUIDO,
SIIUn" &
MASLAND
26 W. IIlall 51..<1
Clllllle,I'A
VERIFICATI0ti
I verify thet the etatements made in this Petition for
Alimony are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,
C.S, Section 4904, relating to unsworn falsification to the
euthorities,
DATEDl 4.hJqt{ __,__
~~~lUL~
~i~~. Gault, PlaintIff
KAY E. GAULT, I IN TilE COURT OF COMMON PLEAS
plaintiff I CUKBERLI'\ND COUNTY, PENNSYLVANIA
I
V. I NO, 94-3710
I
DEAN K. GAULT, I
Defendant I CIVIL ACTION - DIVORCE
TOI KAY E. GAULT, PLAINTIFF and
JOHNNA J. DEILY, ESQUIRE
You are hereby notified to file a written response to the
enclosed Answer and Counterclaim within twenty (20) days from service
hereof or a judgment may be entered against you.
SMIGEL, ANnEltSON & SACKS
BYI
LeRO IE, E QUIR
IDI09617
2917 North Front street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant/Plaintiff
in the Counterclaim
I:
.IIH""<lI.K/p.a~ANSWI\lt TU IlIVUMI'III'OMI'IAllff/haual)' II, Iii'll
ItAY E, GAULT, I IN THE COURT OF COHMON PLBAS
Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA
I
V, I NO. 94-3710
I
DEAN M, GAULT, I
Defendant I CIVIL ACTION - DIVORCE
AND NOW, comes Defendant, DEAN M. GAULT, by and through his
counsel, SMIGEL, ANDERSON' SACKS, and respectfully answers Plaintiff's
Divorce complaint as follows:
1. Admitted that Plaintiff is Kay E. Gault, Denied that
Plaintiff currently resides at 515 West Main Street, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2, Admitted,
3. Admitted.
4. Admitted.
5, Admi tted,
6. Defendant has no basis upon which to form a belief as to
what Plaintiff may have been advised or what Plaintiff may desire.
Therefore, this averment is denied.
7. Denied.
WHEREFORE, the Defendant, DEAN M, GAULT, respectfully requests
that this Honorable Court deny Plaintiff's request,
~
COUNT I
DIVORC! UND!R SICTION 3301101 OR 3301141
or THe DIVORce CODe
8, Plaintiff in the counterclaim is Dean M, Gault, who
currently resides at 515 West Main street, Mechanicsburg, Cumberland
county, Pennsylvania 17055.
II. Defendant in the counterclaim is Kay E, Gault, who
currently resides at 3750 Derry street, lIarr isburg I Dauphin county,
Pennsylvania 17111,
10. Both Plaintiff in the Counterclaim and Defendant in the
Counterclaim have been bona fide reeidents in the Commonwealth for at
least six (6) months immediately previous to the filing of this
Complaint,
11, The Plaintiff in the counterclaim and Defendant in the
Counterclaim wore married on August 19, 1989, in Duncannon, Perry
County, Pennsylvania.
12, There have beon no prior actions of divorce or for
annulment between the parties.
13, The marriage is irretrievably broken,
14, Plaintiff in the counterclaim has been advised that
counseling is available and that Plaintiff in the countsrclaim may have
- 2 -
the right to request that the court require the parties to partioipate
in oounseling,
WHBRBFORB, Plaintiff in the counterclaim requests the Court to
enter a Decree of Divorce,
COUNT II
EOUITABLE DISTRIBUTION
15, Plaintiff in the counterolaim repeats and realleges the
averments of paragraphs 1 through 14 which are inoorporated by reference
herein.
16. Plaintiff in the Counterclaim and Defendant in the
counterclaim possess various items of both real and personal marital
property which is subject to equitable distribution by this Court,
WHBREFORE, Plaintiff in the Counterclaim requests this court
to equitably distribute the marital property after an inventory and
appraisement has been filed by the parties.
COUNT II I
BXCLUSIVE POSSESSION OF THB MARITAL HOME
UNDER SECTION 3502(0)
17, Plaintiff in the Counterclaim repeats and realleges the
averments of paragraphs 1 through 16 which are incorporated by reference
herein,
18. Plaintiff in the Counterclaim requests the court to order
that he be entitled to exclusive use of the family home on both an
interim and permanent basis.
- 3 -
WHEREFORE, Plaintiff in the counterclaim requests the Court to
award him exclusive use and possession of the marital home pursuant to
section 3502(c) of the Divorce Code,
SMIGEL, ANDEUSON & SACKS
BY:
LeROY 8MI
10/09617
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorney for Defendant/Plaintiff
in the counterclaim
- 4 -
VERlrICATION
I verify that the statements made in this pleading are true and
correot, I understand that false statements herein are made subjeot to
the penalties of 18 Pa,C.S. Bection 4904, relating to unsworn
falsification to authorities,
Datel
~k~
- 8 -
lAY B. OAULT, I IN THB COURT or COKMON PLBAS
plaintiff I CUHBBRLANDCOUNTY, PBNNSYLVANIA
I
V. I NO. 94-3710
I
DEAN H. OAULT, I
DerencSant I CIVIL ACTION - DIVORCE
I/ LeROY SHIOEL, ESQUIRE, do hereby certify that on
'5>\cv.v. '" 01'1./ / 1995/ I served a true and correct copy of
De~dant's Answer to Divorce Complaint with attached Counterclaim upon
JOHNNA J, DEILY, ESQUIRE, by depositing same in the United states First
Class Mail, postage prepaid, addressed as follows:
JOHNNA J. DEILY, ESQUIRE
26 WEST HIOH STREET
CARLISLE, PA 17013
SMIGEL, ANDEnSON & SACKS
BV:
LeROY SMIO L,
1.D. #09617
2917 North Front street
Harrisburg, PA 17110-1223
(717) 234-2401
- 6 -
Q.~ 10 .....
I- ~
......... ......
~n r ~ "- r{I
tfj - IQ rO
w
~ --
'"
., ~ IS'
~~
,. ' ~ (\~ Do
~. ., --
".t
...t
-,
In
~ tl
.,
; J
~~~
~ ~~~j~
o ~lilall.E
~ ~~:~~
~ :ll ~ if
~ U
III
, ,
1"' ..
i
>
;.!l
SAlOIS. GUJ/)O,
SnUFF &
I\fASI.AND
26 W, Ifleh Sin...,
CarUI'c,I'^
KAY E. GAULT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 94-3710
v.
DEAN M, GAULT,
Defendant
AHSHBR TO COUNTERCLAIf,
AND NOW, comes the Plaintiff Kay E, Gault by and through her
attorneys Saidis, GUido, shuff & Masland and respectfully answers
the counterclaim of the Defendant I
8. Admitted.
9, Admitted,
10, Admitted.
11, Admitted
12, Admitted,
13. Admitted.
14, Admitted,
WHEREFORE, Plaintiff in original action requeet Your
Honorable Court to enter a Decree of Divorce.
COUNT II
EOUITABLE DISTRIBUTION
15. No answer is required,
16. Admitted.
WHEREFORE, the Defendant in the Counterclaim respectfully
requests this Honorable Court to equitably d1atribute the marital
property.
SAlOIS, (lUIOO,
SlIm'F &
MASJ.ANU
2b W, 111111 Slretl
C.rllil"I'A
COUNT In
BXCLUSIVE POSSESSION or THE MARITAL HOMB
UNDER SECTION 3502101
17, No answer is required.
18, Admitted in part, denied in part. It is admitted that
the Plaintiff may be entitled to exclusive use of the marital
home during the pendency of the divorce action, but is
specifically denied that he be entitled to explicit use of the
family home on a permanent basis.
WHEREFORE, the Defendant in the counterclaim respectfully
requests Your Honorable Court to deny this Petition for an
exclusive use and possession of the marital home.
Respectfully submitted,
SAIDIS, GU~90;1l!WFF.~ MASLAND
I .
I
I _-.--'-
I
Datedl
.:1- 3 ,q f
Attorney for the Plaintiff
SAlOIS, GUIIlO,
SnUFF &
MASLANIl
26 W. Ihah 511"'1
Cllllille.I'A
VERIFICATlQIi
I verify thet the stetements made in this Answer to
Counterclaim are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa,
C.S. Section 4904, relating to unsworn falsification to the
authorities,
DATEDI---,).}),Lqs .,_h____.
,.j~.'Acw.tt'
KBY'Ed Gauit, Plaintiff
..,"
t,t;..~
~ It i ~
.f: .*
!. 't' t
, ~ ~j
(,J
.-.j.
,. ! ,i. 't
..
;-~
"
~~-:
;~
~ . ~ ~
r...~ 0 ~
~805 ~.~
8,~~ ~p.
!!l I ~ '
~ q" X
~~ ~ :: ~
1S ~U ~ fg
~I
~8
,.,
~~~
8 alS~~g;!j
~ >< Itt::'
o ; ~ ~ ~E
~ ~~~~
oJ c.~-o
. lEI c;j :I:
1!3 0( c.
~ U
tIl
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 94-3710
KAY E. GAULT,
Plaintiff
DEAN M, GAULT,
Defendant
CIVIL ACTION - DIVORCE
ANSWER TO PETITION rOR EXCLUSIVE POSSESSION
AND NOW, comes the Plaintiff Kay E, Gault, by and through
her attorneys Saidis, Guido, shuff & Masland, and respectfully
answers the Petition as followsl
1. Admitted.
2, Admitted,
3, Admitted in part, denied in part; It is admitted that
the Plaintiff vacated the marital residence, but she did not move
out under her own volition. To the contrary, she was forced to
move out because of ths threats of physical violence made by the
Defendant.
4, Denied; It is specifically denied that the Plaintiff
removed substantially all of the marital furnishings from the
residence. To plead further, she removed some furnishings from
the living room as well as the bedroom furniture, along with her
belongings that she had prior to her marriage.
5. Admitted,
SAIUIS, GUIIlO. 6. Admitted in part, denied in part; It is admitted that
SHUn- &
MASJ.ANII ,the Plaintiff has returned to the marital residence on August 10,
If. W, IIlih Sin'"
C.III,I""A 1994 to remove the remaining of her belongings (as stated above),
but it is specifically denied that she has returned to the
marital residence on any other case nor has removed any other
items from the marital home,
SAlOIS, GUIDO,
SJlUliF &
I\tASI.ANIl
26 W, High 51""
Cnr1i51c,I'A
7. Denied; It is spscifically denied that the Plaintiff has
removed any items of nonmarital property other than handgun and
ammunition, as Plaintiff was afraid that Defendant would use it
on her,
B. Denied; The allegations in paragraph B is not within the
knowledge of the Plaintiff.
9, Denied; The allegations in paragraph B is not within the
knowledge of the Plaintiff. To plead further, there have not
been any unannounced intrusions into the marital residence,
10, Admitted in part, denied in part; It is admitted that
Plaintiff removed all of her personal property from the
residence, and a few items of the marital furnishings as stated
above. It is specifically denied that "substantially all of the
joint marital furnishings" were removed from the residence,
WHEREFORE, the Plaintiff respectfully requests this
Honorable Court to deny the Petition filed by the Defendant for
exclusive possession of the marital home.
Respectfully submitted,
SAlOIS, GUIPO,1SHUFF & MASLAND
j
Datedl
/I-l/- 911
(
Attorney for the Plaintiff
I
II
d
II
Ii
,I
II
SAIIlIS. mlIllO,
SIIlJF~' &
MASLANIl
2(,W,III,hSIII'f1
('mll,I..I'A
KAY E. GAULT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-3710
CIVIL ACTION - DIVURCE
v.
DEAN M, GAULT,
Defendant
CERTIFICATE OF SERVICE
I, Johnna J. Deily, Esquire, do hereby certify that on the
~ day of November, 1994, I served a true and correct copy of
the Plaintiff's Answer to Petition for Exclusive Possession on
the undersigned by depositing same in the United States Mail,
postage prepaid, addressed as follows:
Gary L, Kelley, Esquire
2917 North Front Street
Harrisburg, PA 17110-1223
Respectfully submitted,
SAIDIS, GUIDO .-sHUFF & MASLAND
Datedl
II 7f qL/
.
Attorney for the Plaintiff
I
Ii
"
Ii
II
~
f:
~
r"
ol! 0
II ~ ~
..-r-
J ... ~
M III Z
o ~ ~ P
! ~;J ~
; ~ ... ~ ~
~ ~~~~
J ~ !: ~
II ~:l
o ill
. III
II: it
fIj IX
0(
J:
.., .
OOT 2 0 199~
C-,~-
ItAY I, GAULT, . IN THI COURT or COMMON PLBAS
Plaintiff . CUMBBRLAND COUNTY, PBNNSYLVANIA
.
V. . NO. 94-3710
.
DIlAN M. GAULT, .
Defendant . CIVIL ACTION - DIVORCB
~ RULE
day of ~
AND NOW this )0 , 1994,
upon consideration of the foregoing Petition for Exclusive Possession on
Motion of GARY L, KELLEY, ESQUIRE, a Rule is hereby issued on Plaintiff
to show cause, if any there be, why this Court should not award
exclusive possession of the marital residence located at 515 West Main
street, Mechanicsburg, Cumberland county, Pennsylvania to Defendant.
RULI RETURNABLE _, c;- days from service upon Plaintiff.
RULR bll'''RIfAIU~1:I at:. d 1.....15'11'19 "1"\ h~ he}" nn t-h4ro Y'u:lI....al"" =:lnd
s.,har1ulaA rut" 1:ne
---day-of .-.... -'... ,_,0 ,. ....--....... ,__
----.~ .
, 1994, at
.-,-,..-.........-
o~' iek --=--;m~'""""'111-em1rtroom -No. _,.-.eumbertl!nd....Ooy
-Courthouse, carllsle, Pennsyl.aRia,
BY THE COURT.
J.
1'6. I:', ~2 II OZ I:J[J
ItAY I. GAULT,
Plaintiff
IN THB COURT or COKMON PLIAS
CUHBBRLAND COUNTY, PBNHSYLVANIA
Defendant
I
I
I
I
I
I
I
NO, lI4-3710
v.
DIlAN H. GAULT,
CIVIL ACTION - DIVORCI
ORDER
AND NOW this
day of
J.
1994, upon consideration of Defendant's Petition for Exclusive
Possession, it is hereby ORDERED and DECREED that Defendant is granted
exclusive possession of the marital residence located at 515 West Main
street, Mechanicsburg, cumberland County, Pennsylvania.
BY THE COURT I
4214,1-4IOlJUptllllPlmnON I~IR I!XCUJSIVIlI')1I.'I>'.SIIlN/lkl,>l>t,I4, 1m
MY E, GAULT, I IN THB COURT or CONHON PLBAB
plaintiff I CUHBBRLANDCOUNTY, PBNNSYLVANIA
I
V. I NO. 14-3710
I
DEAN H. GAULT, I
Defendant I CIVIL ACTION - DIVORCB
AND NOW comes Defendant, DEAN H, GAULT, by and through his
attorneys, SMIGBL, ANDBRSON , 8AClB, and respectfully petitions this
Honorable Court as followsl
1. The parties are husband and wife having been married on
August 19, 1989,
2. On July 7, 1994, Plaintiff filed an action in divorce
seeking a divorce under sections 3301(c) or 3301(d) of the Divorce Code.
3, Subsequent to filing the Divorce Complaint, Plaintiff
vacated the marital residence, which is located at 515 West Hain street,
Hechanicsburg, Cumberland county, Pennsylvania.
4. Prior to vacating the premises, Plaintiff removed
substantially all of the marital furnishings from the residence,
5, Defendant continues to reside at 515 West Hain street,
Hechanicsburg, Cumberland county, Pennsylvania.
G. since vacating the marital residence, Plaintiff has
returned to the marital residence on at least one other occasion in
order to remove additional items from the premises.
,
,
7, In addition to marital property, plaintiff has removed
items of non-marital property Which belong to Defendant.
S, Defendant believes and therefore avers that plaintiff
I'
"
r,
continues to return to the marital residence for the sole purpose of
nausing him distress,
g, plaintiff's unannounced intrusions into the marital
residence cause the Defendant great emotional distress.
10. plaintiff has removed all of her personal property and
substantially all of the joint marital furnishings from the residence.
WHBRBFORB, Defendant, DEAN M. GAULT, respectfully requests
that this Honorable court issue an Order granting him exclusive
possession of the marital residence located at 515 West Main street,
Mechanicsburg, Cumberland county, pennsylvania.
Respectfully submitted,
SMIGEL 1 ANDEltsON & SACKS
Datel I{) ;,yt) ,- py
BYI
GARY ,KELLEY ESQUIRB
10 #46801
2917 North Front street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
- 2 -
KAY B. GAULT, I IN THB OOURT or OOKMON PLIAB
plaintiff I OUMBBRLAHDOOUHTY, PIHHBYLVAHIA
I
V. I NO. 114-3710
I
DBAH H. GAULT, I
Defendant I OIVIL AOTION - DIVOROB
I, GARY L. ICELLEY, ESQUIRB, do hereby certifY that on the
y(!lh
{l./ day of October, 1994, I served a true and correot copy of
Defendant's Petition for Exclusive Possession upon JOHNHA J. DIlLY,
IBQUIRB, by depositing same in the United states First class Hail,
postage prepaid, addressed as followsl
JOHNHA J. DEILY, ESQUIRE
2' WEST HIGH STREET
OARLISLE, PA 17013
SMIGEL 1 ANDERSON & SACKS
BY:
, BSQUIRB
nt street
Harrisburg, A 17110-1223
(717) 234-2401
- 3 -
~}J~ 1-t,lilt"'lI'1Il,IHIIIHt'''IVtll",''irll\'Il'I-JOdt1Itrl H.llN"
KAY E. OAULT, I IN THB OOURT OF COMMON PLEAS
plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
V. I NO, 94-3710
I
DEAN H, GAULT, I
Defendant I CIVIL ACTION - DIVOROE
SMIGEL, ANDEnSON & SACKS
1, GARY L, KELLEY, ESQUIRE, do hereby certify that on the 24th
day of october, 1994, I served a true and correct copy of Defendant's
Petition for Exclusive Possession with attached signed RUle upon
JOHNNA J. DEILY, ESQUIRE, by depositing same in the United states First
class Mail, postage prepaid, addressed as follows:
JOHNNA J, DEILY, ESQUIRE
26 WEST HIOH STREET
CARLISLE, PA 17013
BY:
U.,
l'J.
..
:. t
-I
'.J
\..",
-, ,Iv:. \ '\" \ ~
~'J " ~ ~
~ ~
p ~'"" ~
~ ....
. -l, I:t-
~ ~.~
:'-~
t',,1
~ ~
tIJ a
r.1 ~~ffi~~
o ~~~~~
~ QO;cw;::-
o =oll.-
~ ~ ~ ~ ~~
j ll.~-o
",..J;c
. N ~ ll.
tIJ U
~
tIJ
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO . 94 - 3 7 10
KAY E, GAULT,
Plaintiff
DEAN M, GAULT,
Defendant
PETITION FOR ALIMONY
AND NOW, comes ths Plaintiff Kay E. Gault by and through her
attorneys Saidis, Guido, Shuff & Masland, and pursuant to
Pennsylvania Rule of civil Procedure 1920.l3(b), pleads 8S
follows I
1. Plsintiff originally filed a Complaint in Divorce to the
above term and number on or about July 7, 1994, under Section
3301(c) or 3301(d) of the Divorce Code.
2. The allegations in paragraphs 1 through 7 of the Divorce
Complaint are made a part hereof and incorporated herein by
reference.
3, Plaintiff lacks sufficient property to provide for her
reasonable needs and is unable to support herself through
appropriate employment.
4. Plaintiff requires reasonable support to adequately
SAlIlIS,GUmO, maintain herself in accordance with the standard of living
slIun' &
MASLANO established during the marriage.
26 W. llii.!,h SUl'cl
CLUli51c,M
5,
Defendant is financially able to provide for the
reasonable needs of the Plaintiff.
I
II
II
WHEREFORE, Plaintiff requests Your Honorable Court to enter
an Order of an Award of Alimony Pendente Lite until final hearing
and permanent alimony thereafter,
Respectfully submitted,
Datedl
;) . ~'ff
Attorney for the Plaintiff
SAlOIS, GUIUO,
SIIU....&
MASJ,ANU
26 W, IIIBh SI",el
C..lllle.I'A
i
I
J
:1
I
I
!!
q
"
,I
ii
'i
SAIDIS, GUmO,
SIIU.... &
MASI,AND
26 W, IIiKh SlItel
Cllllhle,I'A
WmW1Qli
I verify that the statements made in this Petition for
Alimony are true and correct. I understand that false
statements herein are made aubject to the penalties of 10 Pa,
C,S, section 4904, relating to unsworn falsification to the
authorities.
DATEDl .!.l.h/ql)
,
<,1{,.~, t) /Jttt,J!<!'
~--J.i:,., (lau It-;prarntIU
~~~
e ...~~g;:!j
~ >< Gi F='
o ~~ffill.E
~~~~j~
..J t.:)ll.~ 0
. ~ if
IIJ
-
8
<
IIJ
, ,
. "
.' ,
,
.
~ 17 I hl f(2.,
, .
KAY E, GAULT,
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3710 CIVIL 1994
CIVIL ACTION - DIVORCE
v,
DEAN M, GAULT,
Defendant
PRE-TRIAL STATEMENT or
KAY E , GAULT
Background Information
The parties were married on August 19, 1989 in Duncannon,
Pennsylvania.
The parties were separated on May 1, 1994,
There were no children born of the parties,
Plaintiff Kay E. Gault resides at 3750 Derry Street,
Harrisburg, Dauphin County, Pennsylvania.
Defendant Dean M. Gault resides at 515 West Main Street,
Mechanicsburg, Cumberland County, Pennsylvania
Assets
1, Real Estate
(a) Marital residence at 515 West Main street,
Mechanicsburg, Pennsylvania, Fair market value: $165,000,00,
Mortgage to Prudential $38,000.00, Net equity: $127,000,00.
(b) Apartment at 2007 Brigg Street, Harrisburg,
SAIUIS, GUIUO,
SHUFF & Pennsylvania. Fair market value: $25,000,00 (In Husband's name
IIIASI,ANI)
26 W. IIlg11 5're<l
C41lld<.I'A
alone),
(e) Rental property at Mohn Street, Steelton, Pennsylvania.
Fair market value: $40,000.00 (In Husband's name alone).
(d) Rental property at Route 850, Marysvi11e, Pennsylvania,
Fair market value: $70,000.00 (In Husband's name alone).
.Properties at (b), (c) and (d) were purchased by Husband
prior to marriage. The increase in value is marital property,
2, stocks. Bonds, securities & Options
(a) Savings Bonds $4,200.00 in Husband's name alone
(purchased during marriage),
(b) Insurance policy at Northwest Mutual Life in the amount
of $20,000.00 in Husband's name alone, but purchased with gift
money to the marriage,
(c) Northwest Mutual account in Wife'S name, rolled into
from an IBM account of $17,265.00 in Wife's name.
(d) Pension with the State in Husband's name (value
unknown) .
(e) Antique business and the value of the inventory in
Husband's name (value unknown).
(f) Harris Savings Certificate of Deposit of $11,000.00
(liquidated and used for schooling for Wife, repairs to the
Marysville property, and for household bills).
(g) Life Insurance policy to MetLife (Wife had prior to
SAID IS, GUIDO,
slIun' &
MASLANU
2h W, IIlgh 51",'1
Carll.Ie.I'A
marriage), with Wife'S children as beneficiaries,
(h) Husband has three life insurance policies that were his
prior to the marriage (value unknown), although $50,00 per month
of marital money was used to pay the premiums on these insurance
policies.
Personal Property
It is believed that the personal property has been
satisfactorily divided, except for a gun and some pictures and
SAlms, GUIIIO,
Sllun" &
MASJ,ANIl
l(.W,lIiihSI'e<1
('.,lhle,I'^
videos that are in Wife's possession and will be provided to the
Husband.
Experts
The Plaintiff does not know of any expert witnesses at this
time, but reserves the right to supplement this answer, In the
event that the values of the property are not agreed upon, then
it is anticipated that an appraisal would need to be done on the
rental properties, and perhaps on the inventory from the
Husband's antique business.
Witnesses
Plaintiff; Eileen Stone, the sister of the Plaintiff, and
possibly Mr. and Mrs. Ernest Gault (parents of the Defendant).
Alimony
The Wife/Petitioner has raised a claim for alimony, at an
amount to be provided by the Master.
Counsel Fees and Expenses
There have been no claims for counsel fees and expenses.
Marital Debts
At this time, it appears that the only real marital debt is
the mortgage on the marital home to Prudential.
It is believed that the Husband has a small loan of $100.00
per month which he uses to pay $50.00 of this toward his payment
Proposed Resolution
1.
Husband to receive marital residence and to assume
responsibility for the outstanding balance of the mortgage.
2.
Wife to execute Quit Claim Deeds for her interest in the
three rental properties,
3, Wife to waive Husband's pension with the state,
4, The Savings Bonds will be split equally.
5, Wife would receive $85,000.00 for her share in the equity
of the home and the rental properties for the increase in value
during the marriage.
6. Husband would keep the antique business and the
inventory, and Wife would receivs the household furnishings
acquired after the marriage,
7. Wife to receive alimony in the amount of $550.00 per
month until she is finished with her schooling,
Respectfully submitted,
SAlOIS, GUIDO, SHUFF' & HAS LAND
,
\' ',,- /("' ", .//
'.....C)" ~'. }" .' Il, ,/
Jiihn}l'a J. Deily, Esquire'
2~West High street
Carlisle, PA 17013
(717) 243-6222
Datedl ;J -11,9 r;
Attorney for the Plaintiff
SA lUIS, nUIIlO,
SIIU.... &
MASI.ANIl
III w. IIIJh 61rrcl
l'wll,I"I'^
I
:1
I
Ii
"
II
:1
Ii
[I
Ii
II
Lnw Oflke,
SAlOIS, GUIOO, snUFF & MASLAND
A l'IHlI'U~IIIN^1. ('tIMI'IIRA1ItIN
lohn I!, SlIke
Robef1 C, Saldll
IWwnrd I!, Ouldo
OeolTlty S. Shurr
Albef1l1, MBllnnd
lohnna J, I>elly
TImothy M, Aniline
Scoll 0, Moolt
26 WestlllNh Slreel . l'Ilsl (Jffice lIux S60
Carlisle, I'ellllsyhanla 17013
Telephune: (717) 243-(1222 . I'ucslmlle: (717) 243,MH6
Well lihore Omcel
2109 Mllkel SlItCl
CliOI' 1111I. PA 17011
Telephone: (717) 737,]40~
Plclholle: (717) 737,]407
Reply 10 Carlble
May 23, 1995
E. Robert Elicker, II, Esquire
9 North Hanovsr Street
Carlisle, PA 17013
RE: Gault v. Gault
No. 3710 Civil 1994
Dear Bob:
After my client and I have reviewed your pre-hearing conference
memorandum, I just wanted to note that it was my understanding
after we had our meeting that the equity in the real estate would
not include the $26,000,00 that the Defendant alleged was a gift
from his parents,
If you recall, I brought supporting documentation showing that this
was a gift, and Carol Lindsay conceded the fact as well,
Although your bottom line figure of $54,500,00 is the same
($145,000,00 less a $36,000.00 lien, less $40,000.00 husband's
contribution and $12,500,00 for wife's contributionl, I just wanted
to make note that this figure did not include the $26,000,00 "gift"
from the Husband's parents,
If you should need anything else from myself or my client regarding
this calculation, kindly advise,
Very truly yours,
SAlOIS, GUIDO, SHUFF & MASLAND
__ \ak It nc~ J ' JliJ1CI /
Jdnna J. Deily Q{jf\ll,-
JJD/tam
cCI Carol J, Lindsay, Esquire
Kay E. Gault
KAY E, GAULT,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 3710 CIVIL 1994
v.
DEAN H. GAULT,
DEFENDANT
:
:
I CIVIL ACTION - DIVORCE
PRAECIPE FOR WmIDRA W AL OF APPEARANCE
TO THB PROTHONOTARY I
Please withdraw the appearance of the undersigned as counsel for
Defendant in the above-captioned action,
SMIGEL, ANDERSON , SACKS
Datel
2. Z.''(, <\..,
BYI
re
PRAECIPE FOR ENTRY OF APPEARANCE
TO THB PROTHONOTARY I
Please enter the appearance of the undersigned as counsel for
Defendant in the above-captioned action.
Date: ,:.y')(" II') ~
I I
\,
/1 '~
{alfr
CaFo 1 '!.
J.D. #
11 East High Street
Carlisle, PA 17013
(717) 243-5513
I(
lj,.?
Lindsay,
Esquire
~
..
5
t.1:
;!,!_.,
',i\."'1
1:_ )J\ t. -1
-"
1:- !...
,,,
m
=
-
"
-
,-s
1
~
::0.:;:
'0';1
l>
41l4..-411'1lA11t1PIVI.UI,UlIIl14/91 HI"",
KAY E. GAULT, I IN THE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA
I DOMESTIC RELATIONS SECTION
I -'W
v. I NO. OF 1994
I DR 23,006
DEAN M, GAULT, I
DEFENDANT I CIVIL ACTION - DIVORCE
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THI PROTHONOTARY I
Please withdraw the appearance of the undereigned as counsel for
Defendant in the above.captioned action.
SMIGEL, ANDERSON & SACKS
Datel
"2.'L~ Lls;
"J L
LeRo~el' Es~re
1.0, '09 17
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
BYI
PRAECIPE FOR ENTRY OF APPEARANCE
TO THI PROTHONOTARY I
Please enter the appearance of the undersigned as counsel for
Defendant in the above-captioned action.
/ --
/ I '.2' ','"
Datel / ll(lM~1 U, ('ilf)
.... I
Esqu re
a1;o
I,D,'"
11 East High street
Carlisle, PA 17013
(717) 243-5513
lit
r"..
"'-
oo.j-"
1-. .J
l,ij
~\ ,f~;, '.
I.. '~_. .
:.~ ,~. f;f~
.Pt
"..t';_
"i ~;~
I. ,'4i
:a_Ii
::>
~. " ';.
(I
5
1;,
8
N
Ii
KAY E. GAULT,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
3710 CIVIL 1994
DEAN H. GAULT,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW,
this J7t d day of j,,---,,-/^,,,
, 1996,
the parties and counsel having entered into an agreement and
stipulation resolving the economio issues on June 27, 1995, the
date set for a Haster's hearing, the agreement and stipulation
having been transcribed and subsequently signed by the parties
and counsel, the appointment of the Master is vacated, and
counsel can conclude the proceedings by the filing of a praecipe
to transmit the record with the affidavits of consent of the
parties so that a final decree in divorce can be entered.
BY THE COURT,
COI Johnna J. Deily
Attorney for Plaintiff
Carol J, Lindsay
Attorney for Defendant
ju~ tl ~)b \'~ l~~
;' I pf.!
<:f - .." ' ,,\)I,-,1t.~'
O\,"l" \ ,,\,Il Z I \In
,'fhH,~~ Jl,v"h! 1
KAY E. GAULT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO, 3710 CIVIL 1994
DEAN M, GAULT,
Defendant IN DIVORCE
THE MASTER I Today is Tuesday, June 27, 1995.
Present for a Master's hearing are the Plaintiff, Kay E. Gault
and her counsel Johnna J. Deily, and the Defendant, Dean M,
Gault, and his counsel Carol J, Lindsay.
A divorce complaint was filed on July, 7, 1994,
raising grounds for divorce of irretrievable breakdown of the
marriage.
The parties are going to sign affidavits of consent
immediately following the statement of the agreement on the
record so that the affidavits can be filed this date and the
divorce can be concluded when counsel are ready to file a
praecipe to transmit under section 3301(c) of the Domestic
Relations Code,
No economic claims were raised in the divorce
complaint; however, on January 23, 1995, an answer and
counterclaim were filed in response to the complaint raising the
economic claim of equitable distribution, On February 10, 1995,
Plaintiff filed a petition raising the claim of alimony. No
counsel fee claims have been raised in the action,
The MaRter has been advised by counsel that after
negotiations this morning the case has been resolved with
"
respect to the divorce and outstanding economic issues. counsel
are going to place on the record the agreement of the parties.
The agreement as stated on the record will be considered the
substantive agreement of the parties and not subject to
modification except for corrections which may be made as a
result of typographical errors in the transcription of the
agreement.
Therefore, the agreement as counsel are going to
place on the record, in the presence of the parties, will be
considered the agreement of the parties as stated.
counsel and the parties are going to return to the
Master's office later this morning to review the agreement for
any typographical errors and make any corrections to those
typographical errors as necessary and then sign the agreement.
The signing will be considered simply as an affirmation of the
agreement which was previously stated on the record,
After the agreement has been completed and signed
the Master will prepare a Court order asking the Court to vacate
his appointment,
Counsel will then be able to proceed with the
filing of a praecipe to transmit the record in accordance with
their agreement when the case is ready for presentation to the
Court for the entry of a final decree in divorce, Ms, Lindsay,
MS. LINDSAY:
1, The parties this date will sign affidavits of consent
under section 3301(c) of the Domestic Relations Code and
counsel for Plaintiff will transmit the record to the
Court upon receipt of the Master's order vacating his
apppointment, The praecipe to transmit can be filed
immediately I however, husband's obligation for spousal
support/alimony will continue until such time as the
payment of $36,000,00 anticipated below is received by
wife.
2, Wife will transfer to husband by a special warranty dsed
all her right, title, and intsrest in the marital home at
515 West Main street, Mschanicsburg, Pennsylvania, At
the time that wife makes the transfer, husband will
refinance the debt on the marital home relieving wife of
any obligation for that debt and pay to wife within sixty
(60) days $36,000.00, Wife will cooperate in the
refinancing to the extent of executing any documents
required by husband's lender. Husband will pay all
charges on account of the marital home including taxes
and insurance and will indemnify and hold wife harmless
against any such charges.
Wife will execute within thirty (30) days of this date,
quit claim deeds prepared by the attorney for
husband relinquishing any interest that she has in 3
rental properties at 2007 Bridge street, Harrisburg,
Pennsylvania; 661 Mohn street, steelton, Pennsylvania/
and 515 Valley street, Marysville, Pennsylvania.
3, Wife will waive any interest she has in husband'~
Commonwealth of Pennsylvania pension and his America
united life insurance annuity, North Western mutual life
annuity, and in the Pioneer equity account,
Husband waives any interest that he has in wife's annuity
with North Western Mutual,
Wife waives all her interest in husband's antiqus
business,
Wife shall retain the 1990 Mazda and the 1992 Honda and
pay on all charges on account of said vehicles
indemnifying and holding husband harmless on account of
this claim,
All other personalty shall be the exclusive property of
the party in whose possession it is as of the date of
this agreement with the following exceptions: Christmas
decorations, 22 pistol, hunting knife, premarital VCR
and telephone answering machine which are in the
possession of third parties. These items will bs
transferred to husband within thirty (30) days of ths
date of this ayreement. Within thirty (30) days also,
wife will pro v de to a third party, husband's parents, if
no other third party can be agreed to, all of the family
pictures and wedding pictures, Husband wtll review said
pictures and determine which of those he wishes to keep.
If wife objects to those pictures being kept by husband,
the parties will have copies made of the pictures and
equally divide the cost thereof, If a video cassette of
the wedding and an audio cassette of some Russian songs
are in the wife's possession she will provide those to
husband within thirty (30) days.
Husband will transfer to wife the United states
savings bonds acquired during the marriage by the husband
within thirty (30) days of the date of this agreement,
4. Any accounts in banks shall be the sole and separate
property of the person in whose name the account is
titled,
5. Husband shall continue to pay to wife $550,00 per month
through the office of Domestic Relations until the
date that wife receives the $36,000,00 described above,
6. On the date of this agreement wife will instruct
the office of Domestic Relations to withdraw the
wage attachment for ths spousal support/alimony which
husband is currently paying, Husband, nevertheless, will
continue to make the payments as aforesaid, In the event
that there is, on the date of the $36,000.00 payment, any
arrears, husband will pay those arrears within thirty
(30) days.
7. The parties waive any claim for alimony or spousal
Bupport except that specifically set out by the terms of
this agreement.
S, In the event that one party breaches the terms of this
agreement, he or she shall pay the attorney's fees of the
nonbreaching party when such fees are incurred to enforce
the agreement.
9, This agreement shall be incorporated into but no'~
merged with the decree in divorce.
10, 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 Bhe may now have or hereafter acquire under the
present or future laws of any jurisdiotion to share in
the property or the estate of the other as a result of
the marital relationship inoluding without limitation,
dower, ourtesy, statutory allowance, widow's allowance,
right of intestacy, right to take against the will
of the other, and right to act as administrator or
executor in the other's estate, 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.
THE MASTER: Mrs, Gault, you have been present
during the statement of the agreement on the record?
MRS. GAULT: Yes,
THE MASTER: Do you understand the terms of the
agreement as stated on the record?
MRS. GAULT: Yes.
THE MASTER: Is it your intention and desire that
the agreement is diapositive and concludes all economic and
other claims between you and your husband?
MRS, GAULT: Yes.
THE MASTER: And you are willing to accept that
agreement as the final settlement in this case?
MRS, GAULT: Yes,
THE MASTER: Mr, Gault, have you been present
during the statement of the agreement?
MR, GAULT: Yes,
THE MASTER: Do you understand the terms of the
agreement?
IN TIlE COURT OF CIlIL'ION I'LI:Ati 01' ClI}IIIEHI.AlIIl COIlNI'Y, l'I'::INti\'LVANIA
CIVIL ACTION - tAW
KrlY E. C..r.ULT,
~O, 94-3710 crVIL
l' laint if f
vs,
DEAN M. GAULT,
Defendant
ACTION [~ DIVORCE
NOTICE llF ZtECTIO:\ TO RETA::!: FOR}!!:R :m!l:
Notice is hereby given that the Plaintiff In the ab'lvP' matter, havtnll been
granted a Final Dscree in Hvorce from the bundo of matrimony nil the lith
day of
July
, 1995 , hareby elects to retake and hereafter use
her previoua name of
Kav E , Cha(lMn
To Be Known As I
ryay ~, /Ah~/J2f
'~7 c'.', (7 .J~
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On the 11th day of July , 19 95, before me, a Notary
Public, personally appeared Jav E, Gault , known to me to be the
peraon whoss name is subscribed to the within document, and acknow1edRed that she
executed the foregoing for the purpose therein contain.ed'~' ~
IN WITNESS WHEREOF, r have hereunto set my hanq ;J\'d ~Iotari' l' eal.
. ' .
, . ,
{"
,/
IlOTAIIAL IlAL
IAWI PIW, NOlIty IIINo
CIrIl* IDle, ~.nd CcunlV, PA
Mr CoMIIIon EJjlk.. ftb, 12. 1008
NOTARY PU31.IC
.
_, .'. ,_.""" ".:._l-'
,,' t"\U.Ul{h.-p:"~'1:;''-J
,'tIP! \1 C'~J,;jih'-';
"Pi ~~~'d1' irh~H, +t C
LJ;1J.tr;~;-..-
;.., __....... - .A' ..... .'~. ., ~ ~."
.1 ~
\~ ~
.j~
.~\ i
fR Ci
". "E.
If if.
-r::
<..l ---.. ~
,..
\, In
~' 01 L'
j
<'J IjIIl
;j
-}
(l
7-
r-
{j
11
1
cJ
r--
lR
~
T1
ct.