wasn't the shift fork...
 

i guess its a common misconception that when ur popping out of gear that you think shift fork. my car kept on spitting out 3rd gear, and i thought it was the shift fork. luckily my car is still warrentied so i pay $0.00. they replaced:

#12523077...Gear, Rd 4.415
#12523078...Synchron 4.380
#12523186...Ring.Syn 4.384