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IN THE COURT OF COMMON
PLEAS
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OF CUMBERLAND COUNTY
PENNA.
STATE OF
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JACKSON MICHAEL KILLMON.
Plaintiff
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GAIL A" PETERSKlLLMON.
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DECREE 1N-A-
D I V 0 R CqE oJ-.. 1: ~ 7 PM
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AND NOW",
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decreed that ""..'". ,~~~~S~N .~!~~I1~~~ ,~~~~~!~~ , , , , , , , , , , , '. plaintiff,
and. .. ,..' , , .. , , , , .. .. .. , ,~~~~, ~\.., n~~~~, !<~~~~19~, , , , .. , , , , '" defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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pendente lite. cuunsel fees, custs and expenses are reserved Ior later
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JACKSON MICHAEL KILLMON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-5515
GAIL A. PETERS KILLMON,
Defendant
CIVIL ACTION - LAW
PRAECIPE TO TRANSMIT RECORD
TO: Prothonotary of Cumberland County:
Please transmit the record, together with the following
information, to the Court for entry of a divorce decree:
1. Grounds for divorce: irretrievable breakdown under
section 3301(d) of the Divorce Code.
2. Service of the Complaint by acceptance of service filed
16, 1994.
3. Date of execution of the Plaintiff's Affidavit of
by section 3301(d) of the Divorce Code: January 16,
Date of service of the Plaintiff's Affidavit upon the
January 26, 1996 via first class mail, postage
4. Related pending claims: All economic issues including
quitable distribution, alimony, alimony pendente lite, counsel
ees, costs and expenses are reserved for later decision by the
ourt.
5. Notice of Intention to Request Entry of Divorce Decree
ated May 30, 1996 is attached hereto.
LAW OffICES
SNELDAKER
III
BRENNEMAN
SNELBAKER & BRENNEMAN, P.C.
By ~;(~:~
Ph~ p . spare, Esquire
Attorneys for Plaintiff
ate: May 31, 1996
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(ACKSON
I
MICHAEL KILLMON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-5515
v.
GAIL A. PETERS KILLMON,
Defendant
CIVIL ACTION - LAW
NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE
TO: Gail A. Peters Killmon, Defendant
Plaintiff Jackson Michael Killmon intends to file with the
Court the attached Praecipe to Transmit Record on or after June
121, 1996 requesting that a final decree in divorce be entered.
SNELBAKER & BRENNEMAN, P. C.
By:
D/AJJ;P_t
Ph~:[~~~ Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Date: May 30, 1996
LAW O"lflcaa
SN!LIIAKER
III
BRENNEMAN
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L.,N O....ICES
SNELOAKER
a
BnEmlEMAN
JACKSON MICHAEL KILLMON,
Pldntltf
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94_SS'/S' CIVIL TERM
IN DIVORCE
VB.
GAIL A. PETERS KILLMON,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request that the court require
you and your spouse to attend marriage counseling prior to a
divorce decree being handed down by the court. A list of
marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, Carlisle. You
are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from the list. All
necessary arrangements and the cost of counseling sessions are to
be borne by you and your spouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP.
Court Administrator
One Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
N, P.C.
By
for PIa nt ff
l,..AW O"IC..S
SNELDAKER
a
BRENNEMAN
marital property pursuant to section 3502 of the Pennsylvania
Divorce Code.
WHEREFORE, the Plaintiff, JACKSON MICHAEL KILLMON, prays
your Honorable Court to:
(a) enter a decree of divorce, divorcing the Plaintiff
from the bonds of matrimony heretofore existing between
the Plaintiff and the Defendant;
(b) order equitabls distribution of marital property;
and
(c) order such other relief as the Court deems just
and reasonable.
I verify that the statements made in the complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. S 4904 relating to
unsworn falsification to authorities.
Date: September 22, 1994
By: '
card C. Snelbaker
Attorneys for Plaintiff
44 West Main Street
Mechanicsburg, PA 17055-0318
Telephone: 717-697-8528
Dated: September 22 , 1994
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IIJACKSON MICHAEL KILLMON,
II Plaintiff
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GAIL A. PETERS KILLMON,
Defendant
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-5515
CIVIL ACTION - LAW
NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE
TO: Gail A. Peters Killmon, Defendant
I Plaintiff Jackson Michael Killmon intends to file with the
Icourt the attached Praecipe to Transmit Record on or after June
1121, 1996 requesting that a final decree in divorce be entered.
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SNELBAXER & BRENNEMAN, P. C.
By:
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Phi P . Spa e, Esquire
44 W. Main street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Date: May 30, 1996
LAW O'''ICCS
SNELBAKER
II
BRENNEMAN
, .
CERTIFICATE OF SERVICE
I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
IfOregOing Notice of Intention to
to be served upon the person and
Request Entry of Divorce Decree
in the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Ann V. Levin, Esquire
smigel, Anderson & Sacks
2917 North Front Street
Harrisburg, PA 17110-1223
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SNELBAKER & BRENNEMAN, P. C.
44 West Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Date:
May 31, 1996
LAW O....ICI:.
SNEL8AKlEA
a
BRENNEMAN
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JACKSON MICHAEL KILLMON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
GAIL A. PETERS KILLMON,
Defendant
NO. 94-5515 CIVIL TERM
IN DIVORCE
NOTICE
TO: GAIL A. PETERS KILLMON, Defendant
and
LeRoy A. Smigel, Esquire
Smigel, Anderson & Sacks
2917 North Front Street
Harrisburg, PA 17110-1223
Attorneys for Defendant
If you wish to deny any of the statements set forth in the
attached AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE, you
must file a counter-affidavit within twenty days after this
affidavit has been served on you or the statements will be
admitted.
Date: January 26. 1996
By:
R . Snelbaker, Esqu1re
44 Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
L.AW O""ICES
SNELDAKEIi
8<
BRENNEMAN
JACKSON MICHAEL KILLMON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
GAIL A. PETERS KILLMON,
Defendant
CIVIL ACTION - LAW
NO. 94-5515 CIVIL TERM
IN DIVORCE
AFFIDAVIT UNDER SECTION 3301(dl
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, JACKSON MICHAEL KILLMON, and
states the following:
1. The parties to this action separated on February 25,
1992 and have continued to live separate and apart for a period
of more than two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted,
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn
falsification to authorities.
Date:
January 16, 1996
l...A,W O""CL1
SNELn"KE~
a
BRE:NNEMiH-l
SNELBAKER 8 BRENNEMAN
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MECHANIOBURG, PENNSYLVANIA 1/0')5
p, 0, BOX JI8
'^CSIMILf VI/) 601.16fll
tllCHAIlD C !loNELI^KEJt
KEITH 0 BRENNEMAN
PHILIP H \P^kE
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June 26, 1996
The Honorable George E. Hoffer
Cumberland county Courthouse
Carlisle, PA 17013
Re: Killmon v. Killmon
No. 94-5515 civil Term
In Divorce
Dear Judge Hoffer:
Please note this firm's representation of J. Michael
Killmon, Plaintiff in the above referenced divorce action.
According to the information provided to me by the Court
Administrator, this divorce action has been assigned to you for
disposition.
You may recall that the parties agreed to bifurcate the
divorce decree from the economic issues several months ago. It
is anticipated that a decree in divorce will be issued in the
very near future.
Please consider this letter our request for the scheduling
of a hearing to resolve the economic issues including equitable
dIstribution, alimony, counsel fees, costs and expenses. Please
also consider scheduling a pre-hearing conference and
establishing a schedule for filing pre-trial statements pursuant
to Rule 1920.33.
For your convenience, I enclose hpr~with a propoBed Order of
Court to facilitate the granting of our request. I am supplying
a copy of this letter to opposing counsel in order to fully
inform them of this request.
Thank you in advance for considering this request.
Very truly yours,
--')1' J . . 'f/~/
CF:WJ.P It -f-y'~e
Philip H. Spare
PHS/sz
Enclosure
ce: Ann V. Levin, Esquire
l749-1....'Acuwu.. C~I&imIA VlAJdIApril16, 1996
JACKSON MICHAEL KILLMON,
plaintitt
V.
GAIL A. PETERS KILLMON,
Detendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 5515
CIVIL ACTION - LAW
ANSWBR AND COUNTBRCLAIM TO COMPLAINT
AND NOW comes Respondent, GAIL A. PETERS KILLMON, by her
attorneys, SMIGEL, ANDERSON & SACKS, and tiles the tollowinq Answer
and Counterclaim to the Complaint.
1. Admitted.
2. Admitted.
J. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. No response required.
8. Admitted.
9. No response required.
10. No response required.
11. Admitted.
12. No response required.
COUNTIRCLAIIC
COUNT I
ALIMONY UNDER SECTION 3701 or THE DIVORCE CODE
1. Detendant/P1aintiff in Counterclaim requires support to
adequately maintain herself in accordance with the standard of
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living established during the marriage.
WBERE~ORB, Defendant/Plaintiff in Counterclaim requests the
Court to award her reasonable alimony pursuant to Section 3701 of
the DivorcA Code.
COUNT II
ALIMONY PBNDENTE LITE. COUNSEL rEES. COSTS AND
EXPENSES UNDBR SECTION 3702
2. Defendant/Plaintiff in Counterclaim repeats and rea1leges
the averment of paragraph 1 which is incorporated by reference
herein.
3. Defendant/plaintiff in Counterclaim has no adequate means
of support for herself during the course of this litigation.
4. Defendant/Plaintiff in Counterclaim does not have
sufficient funds to pay counsel fees, costs or expenses incidental
to this action.
WHERErORB, Defendant/Plaintiff in Counterclaim requests the
Court to award her alimony pendente lite, counsel fees, costs and
expenses.
SMIGEL,
DERSON &
By:
Le oy Sm gel,
I.D. 109617
Ann V. Levin, Esquire
I.D. 170259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant/
Plaintiff in Counterclaim
~-------
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I verify that the statements made in this pleading are true
and correct. I understand that false statements herein are made
eubject to the penalties of 18 Pa.C.S. section 4904, relating to
unsworn falsification to authorities.
Date: 1- ..Jq. t'({,
L; {{. Ax~~
GAIL A. KILLMON
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SNELBAKER 8 BRENNEMAN
A ""OH'>'>h.JUAL C\''''''.l''AII<.'N
^rrOp.NEY~ ^f V.w
44 wur MAIN HflffT
MECHANIC~BURG, PENN~YlV^NI^ 1/055
RICHAIlD C !IN[LIAKll\
ItEITH 0 BRENNEMAN
PHILIP H \PAltE
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p 0 lOX JI8
FACSIMIL.E. (ll}') 6Q7.7681
April 24, 1996
HAND DELIVERED
The Honorable George Hoffer
Cumberland County Court H~use
Carlisle, PA, 17013
Re: Killmon v. Killmon
No.94-5515 Civil Term
In Divorce
Dear Judge Hoffer:
A hearing on the Plaintiff's Petition For Bifurcation is
scheduled before you for 9:30 A.M. today. The parties have
agreed to bifurcate the case on the terms set forth in the
attached letter from Attorney Levin of April 23, 1996. You may
expect a proposed order by agreement of the parties on the
bifurcation issue in the near future.
Please consider this letter as a request that the hearing
scheduled for today be cancelled by agreement of the parties.
My attempts to inform your office of this development
yesterday afternoon by telephone were unsuccessful as the Court
House was closed for primary election day, Please accept my
apology for not being able to communicate this information to you
on a more timely basis.
Very truly yours,
(j)2a;IIft1~
Philip H. Spare
cc: Ann Levin, Esquire
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L&"OY 1""'1011.
C. LII AND&"'O'"
,'fUA"" S. ,..eK'
JOHN W. ,,,0,,"u41"
JOlr"N .. o'"..u:o
ANN V. LEVIN
SWIGEL, ANDJIlRSON '" S..OltS
ATTO"N&YS AT LAW
3.1'7 No,,'f'''t ""ONT 5T."T
HA""ISIURQ, PENNIY~V"NIA 17110.1223
('1''7113",'''0'
31,,:'01-4
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April 23, 19516
ViR Tal.eonier 697-7591
Philip H. Spar., E8q.
44 W. Main street
Mechanicsburq, PA 17055
ReI Killmon
Dear Phil I
Pursuant to our conversation earlier thi. date, thi. letter
will contirm our aqraement to a biturcation permittinq the entry
ot a divorce dlcree based upon the tollowinq tlrms.
1. The existing support order will be converted to an
order tor alimony pendente lite.
2. The issuI of equitable distribution will al.o be
re..rved.
3. For purposes ot preservinq the record, w. will tila an
Answer and Counterclaim tor alimony, alimony pendant. lite,
counsel t.es, costs and expense.. The.e issues will also ba
reserved tor decision by a Master tollowinq thl entry ot a
divorce decree.
It i8 my understanding that you will contact Judqe Hotter'.
chambers to cancel the hearing currently scheduled tor 9130 a.m.
tomorrow morning.
I will dratt an appropriate Ordlr and forward it to you tor
review.
Please contact me if you have any questions. Thank you tor
your attention to this matter.
Vary truly yours,
,~~
Ann V. Levin
AVL:kld
cc: Gail Killmon
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JACKSON MICHAEL KILLMON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
GAIL A. PETERS KILLMON,
Defendant
NO. 94-5515 CIVIL TERM
IN DIVORCE
PETITION FOR BIFURCATION
AND NOW, comes the Petitioner-Plaintiff, J. MICHAEL KILLMON,
by and through his attorneys, Snelbaker & Brenneman, P. C. and
files the within Petition stating the following in support
thereof:
1. Petitioner, J. Michael Killmon, initiated the above
captioned Divorce action on September 20, 1994.
2. Petitioner's Complaint avers that the marriage is
irretrievably broken and that the parties have lived separate and
apart for at least two (2) years,
3. The parties have been living separate and apart since on
or about February 25, 1992.
4. Petitioner believes, and therefore avers that grounds
for divorce exist pursuant to 23 Pa.C.S. S 3301(d).
L~W O'I"IC",.
5. Respondent has been less than cooperative reqarding
Petitioner's efforts to negotiate an agreement as to the economic
aspects of this divorce.
SNELB;:I.KE~
&
8R[NNEM"r~
6. Petitioner desires to have a divorce decree granted to
allow him to restructure his life.
7. Petitioner is filing a Motion For Appointment of Master
this date.
8. Respondent will not be prejudiced by the granting of a
divorce decree prior to the adjudication of the economic aspects
of this divorce.
WHEREFORE, Petitioner, J. MICHAEL KILLMON, respectfully
requests your Honorable Court to issue a rule upon Respondent to
show cause, if any she has, why a divorce decree should not be
granted prior to the adjudication of the economic aspects of this
divorce action.
Submitted,
C.
Date: January 26. 1996
By:
R . Snelbaker, Esqu re
44 Main street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Petitioner
UW O"ICE5
SNn'l.\KER
a
BRENNfMM4
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VERIFICATION
I verify that the statements made in the foregoing
Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S. S4904 relating to unsworn falsification to authorities.
Date:
January 16, 1996
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L...W O",.ICt:9
SN€LDAKErt
a
aRl!NNEMA~~
JACKSON MICHAEL KILLMON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-5515
GAIL A. PETERS KILLMON,
Defendant
: CIVIL ACTION - LAW
f.tT-
AND NOW, this ~ ~ day (J~
, 1996, pursuant to the
request ,f P1ainti~~unsel, a hearing is hereby scheduled for
the 1.4 t'\ day of '(j'" ,1996 at 9: Jo O'C10Ck,4-.. M. in
Court Room III, Fourth Floor, Cumberland County Courthouse,
Carlisle, Pennsylvania for the purpose of resolving the economic
A pr
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hearing conference is scheduled for the~ day of
, 1996 at~~}I O'ClOCkA. M. in Court Room III,
Cumberland county Courthouse, carlisle,
issues in this divorce.
Pennsylvania.
Each party shall file and serve upon the other party a
pre-trial statement
the (0 ~ day of
to Pa.R.C.P. 1920.JJ(b) on or before
, 1996.
BY THE COURT:
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BRE."lNEMAN
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JACKSON MICHAEL KILLMON, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
V. I
I
GAIL A. PETERS KILLMON, I NO. 94-5515 CIVIL TERM
Defendant I
I CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 25th day of JUNE, 1996, at the request of Hr.
Elicker, Divorce Master, the Court hereby assigns Judge Hoffer to
hear the above-captioned case.
By t e Court,
~--
ld . Sh ely, P.J.
Richard C. Sne1baker, Esquire . ~ ,~.{ . Go - J 7 - ~I..
LeRoy Smigel, Esquire
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JACKSON MICHAEL KILLMON,
Plaintiff
VB.
GAIL A. PETERS KILLMON,
Defendant
DATEI
7/15/96
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 5515
C IV II.
19 94
IN DIVORCE
STATUS SHEET
ACTIVITIES:
---.----- . -- ....
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OFFICI! OF DIYORCI! MASTI!R
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreet
Carlisle, PA 17013
(717) 240.6535
I. ROMrt IlIek.r, II
Divorc. Mastll
Tr.el .10 Coly.r
Offica ManagariRaportar
w... Shore
697.0371 Ex!. 6535
TO: The Honorable Harold E. Sheely, President Judge
FROM: E. Robert Elicker, II, Divorce Master
DATE: Wednesday, January 31, 1996
RE: Jackson Michael Killmon vs. Gail A. Peters Killmon
No. 94 - 5515
In Divorce
Plaintiff's attorney in the above referenced case is
Richard c. Snelbaker and Defendant's attorney is LeRoy Smigel.
I request that I be removed from the case based on my
prior association with Richard C. Snelbaker and that a special
Master or a Judge be assigned to deal with the pending issues.
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E. Robert Elicker, II
Divorce Master
[:1 THE COURT Of' CO:1MON PLEAS Of'
CL~'lBERL\ND COUNTY, PENNSYLVANIA
Jackson Michael Killmon
Plaintiff
vs.
Gail A. Peters Killmon
NO.
94-5515
19
Gail A. Peters Killmon
a master ~ith respect to the
( ) Divorce
( ) Annulment
(x) Alimony
(x) Alimony Pendente
~OTION f'OR APPOINTMEN1' OF XASTER
~) (Defendant!,
following claims:
moves the court to appoint
Lite
(x )
( )
(x)
(x)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the c1aims(s) for which the
appointment of a master is requested,
(2) The defendant (has) ~) appeared in
(by his attorney, LeRoy Smiqel
(3) The staturory ground(s) for divorce (is)
Section 3301(d) of the Divorce Code
(4) Delete th~ inapplicable paragraph(s):
(a)~...i,
(b) lbDo_~.____~,....I".,I~...p.u~
the action ~
,Esquire),
(are)
~:
claims:
(c) The action is contested with respect to the following
all claims listed above
(5) The action ~ (does not involve) complex issues of law
or fact.
(6) The hearing is expected to take 1 (lIlI=) (days).
(7) Additional information, if any. relevant to the motion: none
Date: 7- ~, 1L,
Attorne~~~!()~~
(Defendant)
ORDER APPOINT!~!G ~lAS ER ___ _ ,
(( ,19~,> . ,",c ;1,( t. r f-- L (( K"f /"'-... Esquire.
respect to the following claims: ,.c, '(l-,",-~
AND Not-I JL _L. ~I
is appointed master wid
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By lhe; Court:
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~ACKSON MICHAEL KILLMON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-5515
GAIL A. PETERS KILLMON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NDW, thi. ~.Y of Augu.t, i"', >u,.u.nt to tho
agreement of counsel, the June 27, 1996 Order of Court is
modified to provide that each party shall file and serve upon the
other party a pre-trial statement pursuant to Pa.R.C.P.
1920.JJ(b) on or before the 16th day of August, 1996.
I
BY. THE COURT:
LAW O"'IFICIS
SNELBAKER
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BRENNEMAN
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^ITORNEn ^r LAW
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MECHANIC5BURG. PENNSYlVANIA 1/0")5
RICHARD C !NELMKUl
KErTH 0 BR.ENNEMAN
PHILIP H ~P^RE
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August 2, 1996
The Honorable George E. Hoffer
Cumberland County Courthouse
Carlisle, PA 17013
Re: Killmon v. Killmon
No. 94-5515 civil Term
In Divorce
Dear Judge Hoffer:
Pursuant to the Order of Court dated June 27, 1996 in the
above-referenced matter, a copy of which I enclose herewith for
your convenience, pre-trial statements are to be filed and served
on or before August 10, 1996. Counsel for both parties have
agreed to extend the filing date for the pre-trial statements
until August 16, 1996.
Please consider this letter a request for modification of
your June 27, 1996 Order by agreement of counsel. I have
prepared and enclose herewith a suggested Order of Court which
would accomplish this agreement of counsel.
Thank you for your consideration of this request.
Very truly yours,
CC?/;f1~,,-<:
Philip H. spare
PHS/sZ
Enclosure
CC: Leroy Smigel, Esquire (w/enclosure)
1149-1-tJO,dc,/AVLAkilA\II\&II U. lW6
.,
JACKSON MICHAEL KILLMON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 5515
V.
GAIL A. PETERS KILLMON,
Defendant
CIVIL ACTION - LAW
AND NOW,
scheduled for
, 1996, a
general continuance of the Master's hear
September 30, 1996 is granted, Further, the pre-hearing conference
schedu1sd for August 21, 1996 is cancelled and pre-trial statements
need not be filed unless further order of court.
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JACKSON MICHAEL KILLMON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94-5515
GAIL A. PETERS KILLMON,
Defendant
: CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this ~ day of July, 1997, all economic
issues including, but not limited to, equitable distribution,
alimony, alimony pendente lite, counsel fees, costs and expenses
are resolved pursuant to the attached Post-Nuptial Agreement
between the parties hereto dated June J, 1997. Said Agreement is
incorporated into this Order, but shall not merge into this Order
of Court or the Decree in Divorce dated July 2J, 1996.
J.
LAW Ol"Plcas
SNEl.BAKER.
BRENNEMAN
a SPARE
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POST-NUPTIAL AGREEMENT
THIS AGREEMENT made and entered into this 3~.) day of
JuNG"
, 1997 by and between:
JACKSON MICHAEL KILrjMON, of 124 Forest
Drive, Camp Hill, Cumberland County,
Pennsylvania, party of the first part,
hereinafter called "HUSband",
AND
GAIL A. PETERS KILLMON, of 1205 East
Powderhorn Road, Mechanicsburg, CUmberland
County, Pennsylvania, party of the second
part, hereinafter called "Wife";
WITNESSETH:
WHEREAS, Husband and Wife were married to each other on
January 22, 1972 in Wilmington, Delaware and last resided
together at 1205 East powderhorn Drive, Mechanicsburg,
Pennsylvania; and
WHEREAS, the parties are the natural parents of two minor
children whose names and dates of birth are:
BRIAN CHRISTOPHER KILLMON, born May 14, 1981
JEFFREY ALLEN KILLMON, born October 11, 1983; and
WHEREAS, during their marriage the parties accumulated
various assets and property which is more fully itemized and
identified in a certain list or schedule attached hereto marked
"Exhibit A" and incorporated herein by reference thereto; and
WHEREAS, certain differences have arisen between the
parties, as a consequence of which they have separated and now
live separate and apart from each other; and
WHEREAS, Husband commenced an action in divorce docketed to
No. 94-5515 civil Term in the Court of Common Pleas of Cumberland
County, Pennsylvania (hereinafter called "Divorce Action"); and
WHEREAS, a Decres in Divorce was entered July 23, 1996 by
the Honorable George E. Hoffer in the Divorce Action divorcing
the parties from the bonds of matrimony and reserving all
economic issues for later decision by the court; and
WHEREAS, Husband is represented by Richard C. Snelbaker,
Esquire and Philip H. Spare, Esquire of the firm of Snelbaker &
Brenneman, P. C. and Wife is represented by LeRoy smigel, Esquire
and Ann V. Levin, Esquire of the firm of Smigel, Anderson &
Sacks; and
WHEREAS, the parties having a full opportunity to be advised
of their respective rights, duties and obligations arising out of
ths marriage and each having a full opportunity to investigate
and evaluate the assets, liabilities and all other aspects of
each other's property and their jointly owned assets and
liabilities, have come to an agreement for the final settlement
of their property and affairs.
-2-
NOW THEREFORE, in consideration of these presents and the
mutual covenants, promises, terms and conditions hereinafter set
forth and to be kept and performed by each party hereto, and
intending to be legally bound hereby, the parties mutually agree
as follows:
1. INCORPORATION OF PREAMBLE. The foregoing preamble and
paragraphs are incorporated by reference herein in their
entirety.
2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION.
The pa~ties agree that the items of property set forth in
"Exhibit A" are all of the assets which they acquired during
their marriage and which would be the subject of equitable
distribution if submitted to a court for division under the
provisions of the Pennsylvania Divorce Code. The parties declare
and agree that they are familiar with said assets and hereby
waive the evaluation thereof, although each party declares that
she/he has had full opportunity obtain such evaluation.
3. DIVISION OF ASSETS. Upon the execution of this
Agreement and except as otherwise provided, the parties agree to
divide, allocate, retain and/or transfer the assets shown on
"Exhibit A" as follows (the items numbers refer to the
corresponding numbers on "Exhibit A"):
A. ASSETS TO WIFE
1. Marital residence located at 1205 East powderhorn
-3-
Road, Mechanicsburg (Hampden Township) cumberland
county, Pennsylvania; (subject to the terms and
conditions contained elsewhere in this Agreement)
2. IBM common stock held in Dividend Reinvestment
Plans with IBM Account Nos. 10090-30620 and 10090-
32185;
3. Wife's IBM Credit Union Share Account No. 16752-
00;
4. Wife's Fidelity Investments IRA Customer No. T-
1373781; Account No. 0279524490;
5. Wife's Merrill Lynch IRA Account No. 872 73199;
6. 1984 Jeep vehicle (previouslY traded in on other
vehicle);
7. Wife's IBM Retirement Plan; certificate 251935-
064901-62; and
8. Household goods currently in Wife's possession.
B. ASSETS TO HUSBAND
9. Husband's IBM Credit Union share Account No.
16751;
10. Husband's Merrill Lynch IRA Account No. 872 73141;
11. Husband's Fidelity Investments IRA customer No.
T-13761B70; Account No. 0279524508;
12. 1989 Honda Accord vehicle (previously traded in on
other vehicle);
13. Mellon Bank Account;
14. Household goods currently in Husband's possession;
and
15. Hewlett Packard stock.
4. MARITAL HOME. As provided hereinabove, Wife is to
receive the marital home as part of this Agreement subject to the
-4-
following terms and conditions:
A.
June 1,
current
Wife shall obtain refinancing on
1998 in order to remove Husband's
mortgage obligation;
or before
name from the
B. Wife is solely responsible for current
mortgage payments, insurance, taxes, maintenance,
repairs and all other expenses rslated to the marital
home. Wife will hold Husband harmless and shall
indemnify him for any and all amounts due under the
current mortgage/note obligation;
c. In the event Wife does not obtain refinancing
on or before June 1, 1998, the parties will promptly
list the house for sale with a reputable broker at its
appraised value. Wife will have the option to select
the broker at her exclusive discretion and Wife shall
also have the sole authority to determine acceptability
of any offers of purchase. Wife will receive all sale
proceeds and shall be responsible for any and all
expenses related to the sale;
D. Husband will
marital home to Wife.
by Husband's attorney
home is refinanced or
execute a deed transferring the
Said deed will be held in escrow
until such time as the marital
sold as set forth above.
5. ALIMONV. Husband shall pay alimony to Wife for a period
of five (5) years from January 1, 1997: as follows:
A. For income tax purposes, the parties intend
that these alimony payments are tax deductible by
Husband and are to be included as income to wife;
B. In the event of the death of either Husband or
Wife, said alimony payments shall cease;
c. Alimony payments shall cease in the event of
wife's remarriage or cohabitation.
D.
upon the
income:
Payments from Husband to Wife will be based
following schedule of Husband's gross earned
(1) if Husband's income is between $40,000
and $49,999.99, Wife will receive $4,000 per year;
-5-
(2) if Husband's income is between $50,000
and $59,999.99 Wife will receive $5,000 per year;
(3) if Husband's income is between $60,000
and $69,999.99 Wife will receive $6,000 per year;
(4) if Husband's income is between $70,000
and $79,999.99 Wife will receive $7,000 per year;
(5) if Husband's income is between $80,000
and $89,999,99 Wife will receive $8,000 per year;
(6) if Husband's income is between
$90,000.00 and $99,999.99 Wife will receive $9,000
per year; and
(7) for every $10,000 increase in income
above $100,000, alimony will also increase by
$1,000 psr year.
E. Payments from Husband to Wife will be made as
follows:
(1) twenty-four (24) equal semi-monthly
payments based on Husband's base salary;
(2) ten percent (10%) of each bonus and
commission check received by Husband; and
(3) Husband will provide Wife with copies of
his W-2 and all other pertinent documentation
verifying his gross earned income as soon as
available following the end of each calendar year.
The total payments of the year will be compared to
the schedule appearing in Paragraph "D" above and
an appropriate credit shall be made to either
party as needed in order to comply with said
schedule. If Husband is due a credit for
overpayment, then the credit shall be deducted
evenly, over the next year, from each semi-monthly
payment. If Wife is due a credit then additional
payments sh~ll be made evenly over the next year,
with each semi-monthly payment.
Each year the parties shall maintain records of
the amount actually due under Paragraph 5(E) (1)
and 5(E)(2) above, notwithstanding any credits
actually being given. In this way credits for the
succeeding year shall be easily determined.
-6-
F. As this Agreement was not executed by the
parties prior to January 1, 1997 as originally
anticipated, alimony payments for the 1997 calendar
shall be calculated as follows:
(1) semi-monthly payments from Husband to
Wife of $208.33 based upon Husband'S base salary;
(2) ten percent (10\) of each bonus and
commission check received by Husband to be paid to
Wife; and
(3) at the end of the 1997 calendar year,
Husband shall receive credit for 011 spousal
support payments made to Wife during 1997 when
calculating the total payments for the calsndar
year as set forth in Paragraph "D" above.
6. LIFE INSURANCE. Husband agrees to provide life
insurance policies on his life with the children, BRIAN
CHRISTOPHER KILLMON and JEFFREY ALLEN KILLMON, named as
beneficiaries in the amount of $100,000 each to be in effect
until the named beneficiary reaches 22 years of age.
7. FUTURE OBLIGATIONS. The parties agree that any and all
obligations incurred subsequent to the date of this Agreement,
shall be the sole and ~eparate liability and responsibility of
the party incurring the obligation and each party agrees that
he/she will not incur or attempt to incur any obligations for or
on behalf of the other party and will indemnify and hold harmless
the other party of and from any and all liability arising from
such future obligation.
-7-
8. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as
specifically provided to the contrary hereinabove in this
Agreement, each party hereby waives and forever releases the
other party of and from any and all claims which either may have
against the other by reason of and pursuant to the Pennsylvania
Divorce Code (and the divorce law of any other jurisdiction)
including, but not limited to, alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees, costs
and expenses, except that the performance of any obligations
created hereunder may be enforced by any remedies under the
Pennsylvania Divorce Code.
9. INDIVIDUAL PROPERTY. Except only as may be provided
specifically to the contrary hereinabove, each party shall retain
all property, real, personal and otherwise, which is presently
titled in his or her name and ownership, whether or not said
property is or would be deemed to be marital property under the
Pennsylvania Divorce Code and each party hereby expressly
releases the other of and from any and all right of equitable
distribution in and to said individually owned property of such
other party.
10. GENERAL RELEASE. Husband relinquishes his inchoate
intestate right in the estate of Wife, and Wife relinquishes her
inchoate intestate right in the estate of Husband, and each of
the parties hereto by these presents, for himself or herself, his
-8-
or her heirs, executors, administrators or assigns, does hereby
remise, release, quit-claim and forever discharge the other party
hereto, his or her heirs, executors, administrators or assigns,
or any of them, of any and all claims, demands, damages, actions,
causes of action or suits at law or in equity of whatsoever kind
or nature, for or because of any matter or thing done, omitted or
suffered to be done by such other party prior to the date hereof,
except that this release shall in no way exonerate or discharge
either party from the obligations and promises made or imposed by
reason of this Agreement. This Agreement shall not be construed
to affect or bar the right of either party to an action for the
enforcement or performance of this Agreement which may be
instituted pursuant to the remedies available under the
pennsylvania Divorce Code.
11. SURVIVAL OF AGREEMENT. It is the intention of the
parties that this Post-Nuptial Agreement shall survive any action
in divorce which may be instituted or prosecuted by either party,
and no order, judgment or decree of divorce, temporary,
interlocutory, final or permanent, shall affect or modify the
terms of this Agreement, but said Agreement may be enforced by
any remedy at law or in equity, including enforcement proceedings
under the Pennsylvania Divorce Code. The parties agree to
incorporate this Agreement into a separate order of court to be
entered in the Divorce Action, but this Agreement shall not be
merged into said order or decree in divorce.
~-
12. COOPERATION. The parties agree to cooperate with each
other and to make, execute, acknowledge and deliver such
instruments and take such further action as may hereafter be
determined to be requisite and necessary to effect the purposes
and intention of this Post-Nuptial Agreement.
13. VOLUNTARY EXECUTION. The provisions of this Agreement
and their legal effect have been fully explained to the parties
by their respective attorneys. Each party acknowledges that this
Post-Nuptial Agreement is fair and equitable, that it is being
entered into voluntarily, with full knowledge of the assets of
both parties, and that it is not the result of any duress or
undue influence. The parties acknowledge that they have been
furnished with all information relating to the financial affairs
of the other to the extent same has been requested by each of
them.
14. ~NTIRE AGREEMENT. This Post-Nuptial Agreement contains
the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other. than
those expressly set forth herein. The parties acknowledge and
agree that the provisions of this Agreement with respect to the
distribution and division of marital and separate property are
fair, equitable and satisfactory to them based on the length of
their marriage and other relevant factors which have been taken
into consideration by the parties. Both parties hereby accept
-10-
the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now have or
hereafter have against the other for equitable distribution of
their property by any court of competent jurisdiction pursuant to
the Pennsylvania Divorce Code or any amendments thereto. Each
party voluntarily and intelligently waives and relinquishes any
right to seek a court ordered determination and distribution of
marital property, but nothing herein contained shall constitute a
waiver by sither party of any rights to seek the relief of any
court for the purpose of enforcing the provisions of this
Agreement.
15. WAIVER. The waiver of any term, condition, clause or
provision of this Agreement shall in no way be deemed or
considered a waiver of any other term, condition, clause or
provision of this Agreement.
16. APPLICABLE LAW. This Agreement shall be construed,
interpreted and enforced according to the laws of the
Commonwealth of Pennsylvania.
17, HEADINGS. The headings or titles of the numbered
paragraphs of this Agreement have been used only for the purpose
of convenience and shall not be resorted to for the purposes of
interpretation or construction of the text of this Agreement.
-11-
18. CHILD SUPPORT. The parties agree that any issue of
child support, including, but not limited to, the handling of
medical or dental insurance for the children shall be addressed
through the Domestic Relations section.
19. BREACH. It is expressly stipulated that if either
party fails in the due performance of any of his or her material
obligations under this Agreement, the other party shall have the
right, at his or her election, to sue for damages for breach
thereof, to sue for specific performance or to seek any other
legal remedies as may be available, and the defaulting party
shall pay the reasonable legal fees for any services rendered by
the non-defaulting party's attorney in any action or proceeding
to compel performance hereunder.
20. AFTER-ACOUIRED PROPERTY. Each of the parties shall
hereafter own and enjoy independently of any claim or right of
the other, all items of property, be they real, personal or
mixed, tangible or intangible, which are hereafter acquired by
him or her, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes as
though he or she were unmarried.
21. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be
responsible for his or her own legal fees, costs ~nd expenses
incurred in connection with their separation and/or the
dissolution of their marriage.
-12-
22. IPDEMNIFICATION. Each party represents and warrants to
the other that he or she has not incurred any debt, obligation,
or other liability, other than described in this Agreement, on
which the other party is ot. may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter
initiated seeking to hold the other party liable for any other
debts, obligations, liability, act or omission of such party,
such party will at his or her sole expense, defend the other
against any such claim or demand, whether or not well-founded,
and that he or she will indemnify and hold harmless the other
party in respect of all damages as resulting therefrom. Damages
ae used herein shall include any claim, action, demand, loss,
cost, expense, penalty, and other damage, including without
limitation, counsel fees and other costs and expenses reasonably
incurred in investigating or attempting to avoid same or in
opposing the imposition thereof or enforcing this indemnity,
resulting to Husband or Wife from any inaccurate representation
made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of any of the warranties made by
Husband or Wife in this Agreement, or breach or default in
performance by Husband or Wife of any of the obligations to be
performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice cf any litigation threatened
or instituted against either party which might constitute the
basis for a claim for indemnity pursuant to the terms of this
-13-
SNELBAKER, BRENNEMAN 8 SPARE
"1'lh.ltl....I~lH^l ((IIt",llt^lltlN
^ITORNEY5 ^r LAW
44 wnT M^IN \TRfI'
MECH^NIC58IJRG. PENN5Yl.V^NI^ 1/055
RIO-lARD C ~NH8^KUl
KEITH 0 BRENNEMAN
PHILIP tl ~P^R[
POBOX JIK
FAC')IMILE VI/) fiul-IhHI
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July 7, 1997
The Honorable George E. Hoffer
Cumberland County Courthouse
One Courthouse Square
Carliele, PA 17013
Re: J. Michael Killmon v. Gail A. Peters Killmon
No. 94-5515
Divorce
Dear Judge Hoffer:
Attached hereto is a proposed Order of Court and an original
of the Post-Nuptial Agreement dated June 3, 1997 between the
parties to the above referenced divorce action. The parties
agree that the attached Agreement should be part of a Court Order
resolving the economic issues remaining in the divorce action
with the Agreement to be incorporated, but not merged into said
Order.
A short history of the case will clarify the need for the
proposed Order. The parties agreed to bifurcate the divorce
decree from the economic issues in the case as reflected in your
Order of Court dated May 22, 1996. By letter dated August 15,
1996, Ann V. Levin, Esquire, counsel for Defendant, explained
that the parties were attempting to settle the economic issues
and requested a general continuance. By Order of Court dated
August 16, 1996 the matter was continued generally. For your
convenience, I have enclosed herewith a copy of the above-
referenced Orders and a copy of Attorney Levin's August 15, 1996
letter.
In the event a formal Motion is required to effectuate the
proposed Order, I will be happy to comply. Thank you for
considering this request.
Very truly yours,
()dfJI~
Philip H. Spare
PHS!sZ
Enclosures
CC: Ann V. Levin, Esquire (w!enclosures)
J. Michael Killmon (w!enclosures)
S~II(a;L. ANDEHSON & SACKS
ATTORNEYS AT LAW
l..I;RQ.., 5MtO(L
C 1..[[ AND[RSON
STU....RT S 5.ACl'\'l
..OHN W FAO~""ER
.,105tPIo-i B 0 AMICO
ANN" L,CVIN
M(ArMI;A Q ROyER
.2917 NORH~ F"'ONT STREET
F..17t'llJ...)!511
HARRISeURG. PENNSYLVANIA 17110-1223
111 71 234-2401
"I~t ~.o
3749 1-4
August 15, 1996
Via Fax
The Honorable George E. Hoffer
Cumberland county Courthouse
1 Courthouse Square
Carlisle, PA 17013
Re: Killmon v. Killmon
No. 94-5515 civil Term
In Divorce
Dear Judge Hoffer:
The parties in the above referenced case have been pursuing
settlement negotiations and counsel for both parties are in
agreement to continue the Master's hearing generally pending
finalization of the terms of settlement. Upon the signing of a
Marriage Settlement Agreement the appropriate documents will be
filed to revoke your appointment in this matter.
A pre-trial conference on this matter is currently scheduled
for August 21, 1996 and it is requested that this be cancelled in
light of the parties' efforts to settle. This would also negate
the need to file Pre-Trial Statements tomorrow, August 16, 1996.
I have enclosed an Order for your signature which will serve to
grant the request for general continuance if signed.
Please contact me with any questions. Thank you for your
consideration of this matter.
verI truly yours, ~.
. J \
./ L'" .:-' o.J: ,......-
-......., )............'
Ann V. Levin
AVL:kld
Encl.
cc: Philip H. Spare, Esq.
Gail A. Killmon
l1.9-1..,0I40IIAVLJlJoll....' 11, 19M
JACKSON MICHAEL KILLMON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 5515
I
V.
.
.
.
.
.
.
GAIL A. PETERS KILLMON,
Defendant
CIVIL ACTION - LAW
OBDEB
AND NOW, this d).~ay of '--ry~
hereby ordered as follows:
The hearing scheduled for April 24, 1996 was cancelled upon
, 1996, it is
agreement of the parties to bifurcate the divorce from the economic
issues in this case. Accordingly a divorce decree shall be entered
following the filing of all appropriate documents by the moving
party.
All economic issues in this case shall be reserved for later
decision.
Specifically, the issues of equitable distribution,
alimony, alimony pendente lite, counsel fees, costs and expenses
shall be heard by the Court.
It is acknowledged that plaintiff
filed a Motion for Appointment of Master in January, 1996.
Pursuant to Pa.R.C.P. 1920.Jl(d), the existing spousal Support
Order docketed at 592 S 1992 (DR No. 20,193) shall be deemed an
Order for alimony pendente lite upon entry of a divorce decree and
shall remain in effect until all economic claims are resolved.
- .... -, i.
, .
By the Court:
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George E. H ffer,
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