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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND
STATE OF ~~~l
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,.ROSHELLE T,.., KELLEY,
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THOMAS J. KELLEY,
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DECREE IN
DIVORCE
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AND NOW, ..........</wh....!.!....... 19.~?.., it is ordered and
decreed that ~o;l./'~f;{tc,..;-... .%.. .%..t6,.f.h.........., plaintiff,
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and. . ."-".4.L~0.1. v.l.;.J~ . . .?. .. .r.U,r.Lt.r . . . . . . . . .. . . . ., defendant,
are divorced from the bonds of rnatrimony.
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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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The terms conditions and restrictions contained within the
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settlement agreement attached Ilereto and labelled Exhibit "A"
are'Iricbrporated'lnto.this'Oivorce'Decree'and'shaII'remaln.....
non-mod fiable but enforceable through the court.
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ExhibIt (CA"
AGREEMENT
This Agreement is made this ~M-- day of (\ I 1. ft ,
1997, by and between Roshelle T; Kelley of cum~unty,
Pennsylvania ("Wife") and Thomas J, Kelley of Cumberland county,
Pennsylvania ("Husband"),
WIT NEB BET HI
WHEREAS, the parties hereto are husband and wife, having
been married on September 28, 1991, in York county, Pennsylvania;
WHEREAS, Husband and Wife are the parents of the following
child, Kassidy Rae Kelley born on September '12, 1994 (the
"Child") ;
WHEREAS; certain unhappy differences, disputes,
misunderstandings and difficulties have arisen between the
parties and the parties have decided that their marriage is
irretrievably broken, that it is their intention to liVE; separate
and apart for the rest of their natural lives, that they are
desirous of settling fully and finally their respective financial
and property rights and obligations as between each other
including, without limitation by specification:
1. The settling of all matters between them relating to
the ownership of real and personal property including property
heretofore or subsequently acquired by either party;
2, The settling of all disputes, rights and/or interests
between them arising out of or by reason of their marriage
including but not limited to the past, present and future
support, alimony, counsel fees, costs or maintenance of Wife by
Husband or of Husband by Wife;
3, The implementation of custody and/or visitation
arrangements for the minor children of the parties; and
4, In general, the settling of any and all actual and
possible claims by each party against the other or against their
respecti ve estates,
NOW THEREFORE, in consideration of the premises and of the
mutual promises, covenantr, and undertakings set forth in this
Agreement and for other good and valuable consideration, the
receipt and adequacy of which is hereby acknowledged by each of
the parties hereto, Wife and Husband, each intending to be
legally bound hereby, covenant and agree as follows:
1. Advice of Counsel. The provisions of this Agreement
and their legal effect have been fully explained to the parties
by their respective counsel, Gregory S. Hazlett, Esquire of
Mechanicsburg, Pennsylvania for Wife and John F. King, Esquire of
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Harrisburg, pennsylvania for Husband, The parties acknowledge
that each has received independent legal advice from counsel of
his or her own selection, that each has fully disclosed his or
her respective financial situations to the other including his or
her property, estate, assets, liabilities, income and expenses,
that each is familiar with and fully understands the facts,
inclUding the property, estate, assets, earnings and income of
the other, and that each has been fully informed as to his or her
legal rights and obligations, Each of the parties acknowledges
and agrees that, after having received such advise and with such
knowledge, this Agreement is, in the circumstances, fair,
reasonable and equitable, that it is being entered into freely,
voluntarily, and in good faith and that the execution of this
Agreement is not the result of any duress, undue influence,
coercion, collusion and/or improper or illegal agreement. The
parties further acknowledge that they have each made to the other
a full and complete disclosure of their respective assets,
estate, liabilities, and sources of income and that they waive
any specific enumeration thereof for the purposes of this
Agreement.
2. Definitions.
(a) Divorce Code, The phrase "Divorce Code" shall be
defined as Act No. 1980-26, as amended, 23 Pa, Cons. stat. S
3101 et seq.
(b) Date of Execution of this Agreement. The phrase
"date of execution" or "execution date" of this Agreement
shall be defined as the date of execution by the parties if
they have each executed the Agreement on the same date.
Otherwise, the "date of execution" or "execution date" of
this Agreement shall be defined as the date of execution by
the party last executing this Agreement.
(c) Distribution Date. The phrase "distribution date"
shall be defined as thirty-one days following the entry of a
final decree in divorce and the filing of Waivers of Appeals
by each party. If the thirty-first day falls on a weekend
or holiday, the distribution date chall be the next business
day.
3. Effective Date of Agreement.
become effective and binding upon both
this Agreement by both of them.
This Agreement will
parties upon execution of
4. Effect of Divorce Decree--Incorporation, No Merger.
The parties agree that unless otherwise specifically provided
herein this Agreement shall continue in full force and effect
after such time as a final decision in divorce may be entered
with respect to the parties, Husband and Wife agree that the
terms of this Agreement shall be incorporated but not merged into
any divorce decree which may be entered with respect to the
parties and therefore Wife and Husband agree and each of the
parties does hereby warrant and represent to the other that
should either of them obtain a decree, judgment or order of
separation or divorce in any state, country or jurisdiction, that
party will take all reasonable steps to have this Agreement
incorporated as part of any such decree, jUdgment or order. The
parties further agree that the Court of Common Pleas which may
enter such divorce decree shall retain continuing jurisdiction
over the parties and the subject matter of the Agreement for the
purpose of enforcement of any of the provisions thereof.
Nevertheless, it specifically is understood and agreed
by and between the parties hereto and each of the said parties
does hereby warrant and represent to the other that should either
of the parties obtain a decree, judgment or order of separation
or divorce in any state, country or jurisdiction, each of the
parties agrees that all of the provisions of this Agreement shall
not be affected in any way by any such separation or divorce, it
being agreed by the parties that this Agreement shall continue in
full force and effect after such time as a final decree a divorce
may be entered and shall survive and not be merged into any such
decree, judgment or order.
5. Effect on Divorce. The execution and delivery of this
Agreement is not predicated upon nor made the subject of any
agreement for the institution, prosecution, defense or for the
non-prosecution or non-defense of any action for divorce.
Nothing in this Agreement, however, shall prevent either Wife or
Husband from prosecuting any other action for divorce, either
absolute or otherwise, on lawful grounds if such grounds
presently exist or may exist in the future or from defending any
such action with such defenses as are presently or may in the
future become available. Wife, Ro~helle T. Kelley, previously
has filed a divorce action in the Court of Common Pleas of
Cumberland County, Pennsylvania, No. 97-1821 seeking a divorce
decree pursuant to, inter alia, 55 3301(c) and 3301(d) of the
Divorce Code. The parties agree to take all legal steps
(including the timely and prompt submission of all documents and
the taking of all actions including executing the appropriate
waivers of notice of the master's hearing, right to file
exceptions, and right to file appeal) necessary to assure that a
divorce pursuant to Section 3301(c) of the Divorce Code is
entered as soon as possible, but in any event not later than
three (3) months from the date of execution of this Agreement.
To that end, the parties have executed and agree to promptly file
the affidavits required to obtain a divorce pursuant to 5 3301(c)
of the Divorce Code. If, after the execution of this agreement,
either party delays or contests the obtaining of a final,
unappealed divorce decree, that party shall be fully responsible
for all attorney's fees, costs and/or expenses incurred as a
result of such delay in obtaining the decree.
6. Personal .Rights, Wife and Husband may and shall, at
all times hereafter, live separate and apart. Each shall be free
from any direct or indirect control, restraint, interference or
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authority, by the other and shall be treated in all respects as
if they were unmarried. Except as otherwise provided for in this
Agreement, each may reside at such place or places and with such
other persons as he or she may select. Each may, for his or her
separate use or benefit, conduct, carryon and engage in any
business, occupation, profession or employment and at such
locations which to him or her may seem advisable. Wife and
Husband shall not molest, harass, disturb or malign each other or
the respective families, friends, colleagues, employers or
employees of each other nor compel or attempt to compel by any
means the other to cohabit or dwell in any manner whatsoever with
him or her. The parties are free to make mutually and
voluntarily any efforts at reconciliation as he, she or they may
deem advisable.
The foregoing provisions shall not be taken to be an
admission on the part of either Wife or Husband of the lawfulness
or unlawfulness of the causes leading to their living apart.
This Agreement is not intended to condone and shall not be deemed
to be a condonation on the part of either ~arty hereto of any act
on the part of the other party which has occasioned the disputes
or unhappy differences which have occurred prior to or which may
occur subsequent to the date of execution of this Agreement.
7. Warranty of Disclosure. Husband and Wife represent and
warrant that they have disclosed to each other the full extent of
their assets, income and liabilities. Each party has had ample
opportunity to review the financial condition of the other and
each party agrees not to challenge the instant Agreement based on
an allegation of lack of sufficient disclosure of assets or
income.
8. Equitable Distribution of Property.
(a) Premises. Wife and Husband hold title to the
premises identified as 2 Bayberry Drive, Mechanicsburg,
Pennsylvania 17055 (the "Marital Premises"). The parties
agree as follows with respect to the Marital Premises:
(i) Wife agrees, upon presentation, to execute
any and all documents necessary in order to transfer all of
her right, title, and claim of ownership in the Marital
Premises to Husband, in return for the payment of $2,500.00,
to be paid over to her by Husband. It is further agreed by
Husband that should he have settlement on sale of the
Marital Premises within one (1) year from the date of this
Agreement, he will pay over to Wife one-half (1/2) of the
net proceeds at settlement, minus $2,500.00.
(ii) From the date of execution of this
Agreement, Husband shall be solely responsible for all past,
present and future costs, expenses or liabilities
attributable to and/or resulting from Husband's and/or
Wife's interest in the Marital Premises, and/or by reason of
their ownership thereof, including but not limited to
mortgage payments, taxes, and utilities. Husband and Wife
both agree to execute any and all documents necessary to
remove Wife from her obligation under the mortgage and bond
currently recorded against the Marital Premises. In the
case of any actions, suits or proceedings being brought
relating to the debt obligation entered into by the parties
for purchase of the Marital Premises, Husband hereby agrees
to indemnify Wife against, and hold Wife harmless from, any
liability or expense, including counsel fees incurred as a
result of that action, suit or proceeding.
(b) Contents of Marital Premises. Husband and Wife
hereby release and relinquish all claims and demands
whatsoever as to the whole or any part of the items of
personalty which are distributed and currently in the
possession of the other.
(c) Automobile. Husband agrees that Wife shall retain
possession of and receive as her own property the Oldsmobile
Cutlass automobile for her own use and disposition. Husband
agrees to execute, acknowledge, and deliver upon request of
any and all instruments or documents necessary in order to
effectuate the transfer of title to said automobile to Wife.
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Wife agrees that Husband shall retain possession
of and receive as his own property the Pontiac Grand Prix
automobile for his own use and disposition. Wife agrees to
execute, aCknowledge, and deliver upon request of any and
all instruments or documents necessary in order to
effectuate the transfer of title to said automobile to
Husband. Husband agrees to be solely responsible for
payment of any outstanding debt related to said vehicle.
(d) Wife and Husband agree that the foregoing property
dispositions constitute an equitable distribution of all of
their property, pursuant to Section 401 of the Divorce Code,
23 Pa. Cons. Stat. S 401. Wife and Husband hereby waive any
right to division of their property except as provided for
in this Agreement.
(e) After-Acquired Personal Property. Husband and
Wife shall hereafter own and enjoy independently of any
claim or right of the other, all items of personal property,
tangible or intangible, acquired by him or her from the date
of execution of this Agreement, 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,
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RETIREMENT INTERESTS AND BENEFITS
HUsband has an interest in an existing 401K retirement plan as
the result of his employment with Dictaphone Corporation, Wife
hereby waives any and all right, title and interest to all
existing and future retirement assets or benefits of Husband.
Wife hereby agrees to execute any and all documents necessary to
record this waiver of rights, and to relinquish said rights.
9. Lump Sum Payment to Husband. As part of the equitable
distribution of the parties' marital property pursuant to section
401 of the Divorce Code, 23 Pa. Cons, Stat. S 401, Wife shall pay
to Husband a lump sum of Three Thousand Three Hundred Sixty-Two
($3,362.00) Dollars payable as follows:
(i) $150.00 per month for 22 months, and a final
payment due on the 23rd month of $62.00. The payment shall
be made monthly on the anniversary of the execution date.
There shall be no interest due with respect to these lump
sum payments. It is agreed between the parties that
payments from Wife to Husband under this section commenced
in April, 1997.
The parties expressly understand and agree that all
payments made to Husband under this Paragraph are intended to be
a lump sum property settlement. Said lump sum payments are not,
nor are they intended to be, periodic payments and are not, nor
are they intended to be, debts which are affected by a discharge
in bankruptcy. Such payments are to be tax free to Husband, and
Wife covenants and agrees not to claim a deduction for said
payments on her income tax returns nor to assert any position
that would attempt to create liability for Husband for the
payment of any income tax thereon.
All financial obligations undertaken by Wife in this
Paragraph shall be binding upon her heirs, executors,
administrators, successors and assigns and shall constitute a
charge against Wife's estate,
10. Credit. Wife and Husband represent that they have
taken all steps necessary to make sure that no credit cards or
similar accounts exist which provide for joint liability. From
the date of execution of this Agreement, each party shall use
only those cards and accounts for which that party is
individually liable,
11. Custody.
(a) Legal and Physical custody, It is the intention
of the parties, and the parties agree, to share joint legal
custody of the Child, with primary physical custody to be
with Wife and partial physical custody for purposes of
visitation to be with Father, and the parties agree that
with regard to any emergency decisions which must be made,
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the parent having physical custody of the Child at the time
of the emergency shall be permitted to make any immediate
decisions necessitated by the emergency. However, that
parent shall inform the other parent of the emergency and
consult with him or her regarding the emergency as soon as
practicable.
(b) Access to Records. Each parent shall be entitled
to complete and full information from any doctor, dentist,
teacher or authority and to have copies of any reports given
to either party as a parent. These documents include but
are not limited to medical reports, report cards, birth
certificates, and baptismal certificates.
(c) Living Arrangements. It is agreed that the Child
will reside primarily with Wife, and that Husband will have
custody for purposes of visitation as follows: Wednesday
evening until Thursday morning; Friday evening until
Saturday morning, except that every other weekend visitation
will be from Friday evening until Sunday evening.
It is agreed that Husband and Wife alternate
custody of the Child on holidays. Those holidays being
Easter, Memorial Day, Fourth of July, Labor Day,
Thanksgiving and Christmas, with Easter and Christmas being
segmented into segments A and B. Segment A beginning 12:00
Noon the day before the holiday, until 12:00 Noon the day of
the holiday, and segment B beginning 12:00 Noon the day of
the holiday until 12:00 Noon the day after the holiday. The
parties agree that rather than alternating the Easter and
Christmas holiday, they will alternate the Segments A and B.
It is agreed between the parties that Father's Day
and Mother's Day supersede the regular visitation schedule,
and that the Child will be in the custody of Father on
Father's Day from 12:00 Noon until 5:00 p.m. (unless already
scheduled), and with Mother on Mother's Day from 12:00 Noon
until 5:00 p.m. (unless already scheduled).
It is fur~her agreed between the parties that on
the Child's birthday, the non-custodial parent will have
custody for the purposes of visitation with the Child for a
three (3) hour period to be determined between the parties.
It is further agreed that the parties do not wish
to establish a fixed schedule regarding the summer vacation
of the Child. Instead, the parties believe that it is in
the Child's best interest to maintain a flexible schedule in
which they will communicate and mutually agree as to the
custody arrangement to be mai.ntained during the Child's
summer vacation.
It is further agreed that should circumstances
require an alteration of the custody arrangement in order to
promote the best interest of the Child, either party may
potition a Court of competont jurisdiction for modification,
(d) Transportation, The parents agree to ahare
transportation. Each parent shall drive one way when the
Child is transferred from one residence to the other.
The parties expressly represent and agree that it is their
present belief that the best interest of the Child will be
served if the Child continues to live within twenty-five
(25) miles of the Marital Premises, as defined in paragraph
8 of this Agreement, so that the joint legal custody and
visitation schedule of the child can be expeditiouslY
implemented. In the event that either party does intend to
move to a location in excess of twenty-five (25) miles from
the Marital Premises, as defined in Paragraph 8 of this
Agreement, the party shall give at least thirty days'
written notice to the other prior of his or her move,
12. Support. Except as otherwise provided for in this
Agreement, Wife shall be solely responsible for the support of
herself and the Child.
(a) commencing on the date of execution of this
Agreement, Husband shall pay to Wife for the support of the
Child the sum of Five Hundred Twenty-Five Dollars ($525,00)
per month payable on the first business day of each month,
Such payments are solely for the purpose of child support
and shall not be taxable to Wife nor deductible by Husband.
(b) Medical and Dental Care, Husband shall maintain,
at no expense to Wife, insurance coverage for hospital,
medical, and dental expenses for the Child. Unreimbursed
medical expenses will be split between the parties.
(c) Subsequent to the date of execution of this
Agreement, should Husband, upon presentation, refuse to sign
any legal document required to be filed in order to have
issued a Decree in Divorce, Husband will pay over to Wife
One Hundred Ten ($110,00) Dollars per week, for so long as
he continues to refuse to sign said document or documents.
13. Counsel Fees, Except as otherwise provided for in this
Agreement, each party shall be responsible for his or her own
legal fees and expenses,
14. Warranty as to Existing obligations, It is hereby
specifically agreed by and between the parties that Husband shall
assume the responsibility for payment of the following
liabilities incurred during the marriage:
Corestates Bank Consolidation Loan
National city Mortgage on Marital Property
15. Warranty as to Future Obligations. Wife and Husband
each covenants, represents, warrants, and agrees that, except as
may be otherwise specifically provided for by the terms of this
Agreement, neither of them shall hereafter incur any liability
whatsoever for which the other or the estate of the other may be
liable, and each now and at all times hereafter shall indemnify
and hold harmless the other party from and against any such
liabilities, costs or expenses, including attorneys' fees,
relating thereto incurred by the other party after the date of
execution of this Agreement,
16. Mutual Waivers. Wife and Husband acknowledge that by
this Agreement they each respectively have secured and maintained
a substantial and adequate fund with which to provide themselves
sufficient resources for his or her comfort, maintenance and
support according to the standard of living to which the party is
accustomed. Therefore, except as provided for in this Agreement,
Wife and Husband do hereby waive, release, and give up any rights
that they may respectively have, either at the present or in the
future, against the other for equitable distribution, alimony,
support, maintenance, or for any other right resulting from their
status as wife and husband. Wife and Husband agree that neither
party may apply to any court for a modification of this
Agreement, with respect to alimony, distribution of property, or
otherwise, whether pursuant to the Divorce Code or any other
present or future statute or authority, excepting custody as
provided herein. Except as provided for in this Agreement, it
shall be the sole responsibility of Wife and Husband to sustain
herself or himself without seeking any support from the other
party from the date 'of execution of this Agreement. In the event
that either of the parties shall nevertheless seek such a
modification, that party shall indemnify and hold the other party
harmless from and against any loss resulting therefrom, including
counsel fees and costs.
17. Waiver or Modification to be in Writing. No
modification or waiver of any of the terms hereof shall be valid
unless in writing and signed by both parties and no waiver of any
breach hereof or default hereunder shall be deemed a waiver of
any subsequent default of the same or similar nature.
18. Mutual Cooperation. Each party shall, at any time and
from time to time hereafter, take any and all steps to eKecute,
acknowledge and deliver to the other party any and all further
instruments and/or (within at least fifteen days after demand
therefore) documents that the other party may reasonably require
for the purpose of giving full force and effect to the provisions
of this Agreement.
19. Law ot Pennsylvania Applicable. This Agreement shall
be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of eKecution of
this Agreement.
20. Integration. This Agree~ent constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no other
representations, terms, covenants, conditions, agreements or
warranties, eKpress or implied, oral or written of any nature
whatsoever, other than those eKpressly set forth herein.
21. No Waiver of Default. This Agreement shall remain in
full force and effect unless and until terminated under and
pursuant to the terms of this Agreement, The failure of either
party to insist upon strict performance of any of the provisions
of this Agreement shall in no way affect the right of such party
hereafter to enforce the same, nor shall the waiver of any breach
of any provision hereof be construed as a waiver of any
subsequent default of the same or similar nature, nor shall it be
construed as a waiver of strict performance of any other
obligations herein.
22. Severability. If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation. Likewise, the
failure of any party to meet her or his obligations under anyone
or more of the Paragraphs herein, with the eKception of the
satisfaction of the conditions precedent, shall in no way void or
alter the remaining obligations of the parties.
23. Headings Not Part of Agreement. Any headings preceding
the teKt of the several Paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its
meaning, construction or effect,
24. Default or Delay in Payments or Obligation pertormance
Under Agreement. In the event that either party defaults with
respect to any payments to be made hereunder, or any obligation
to be performed hereunder, and in addition to any and all other
remedies provided in any other documents or agreements, and said
default is not remedied within ten days after sending of a
written notice by certified mail to the defaulting party
specifying said default, the defaulting party hereby agrees to
indemnify the party injured, or to reimburse him or her for any
and all attorney's fees and disbursements resulting from or made
necessary by the bringing of any suit or other proceeding,
whether by complaint or counterclaim to enforce any obligation or
to collect such payment, provided such suit or other proceeding
results in a judgment, decree or order in favor of the suing
party. In the event such suit or other proceeding results in a
judgment, decree or order against the suing party, the suing
party shall reimburse the other party for any and all expenses,
costs and attorney's fees resulting from or made necessary by
virtue of the bringing of such suit or proceeding.
If such default is remedied after the commencement of
this suit, or other proceeding referred to in the above
Paragraph, the indemnity and reimbursement obligation shall be
operative with the same force and effect as if judgment, decree
or order had been made in favor of the party bringing such suit
or other proceeding.
25. Costs of Enforcement. Any party breaching this
agreement is liable to the other party for all costs and counsel
fees reasonably incurred by the non-breaching party to enforce
his or her rights under the Separation Agreement subsequent to
the date of the signing of this Agreement,
Should either party fail in the due performance of the
terms under this Agreement, the other party shall be able at his
or her discretion to sue for performance or for damages for a
breach of the Agreement. The party who is deemed to have failed
in the due performance of the terms hereunder shall be liable for
all reasonable costs and expenses incurred by the other in suing
for performance or for damages for breach of the Agreement. The
terms contained shall be construed to restrict or limit each
party's right to exercise this election,
26. Contract Interpretation. For purposes of
interpretation and for the purpose of resolving any ambiguity
herein, Husband and Wife agree that this Agreement was prepared
jointly by their respective attorneys.
27. Waiver of Liability. Husband and Wife each knowingly
and understandingly waive any and all possible claims that this
Agreement is, for any reason, illegal or for any reason
whatsoever of public policy, unenforceable in whole or in part.
Husband and Wife each does here by warrant, covenant and agree
that, in any possible event, he or she is and shall forever be
estopped from asserting any illegality or unenforceability as to
all or any part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written,
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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
ROSHELLE T. KELLEY
Civil Action-Divorce
PLAINTIFF,
Docket No. 97-1821
VS.
THOMAS J. KELLEY,
DEFENDANT,
PRAECIPE TO TRANSMIT THE RECORD
To the Prothonotary:
Please transmit the record, together with the following information, to the court for
entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown undcr Section (3301(c) or (d) of the
Divorce Code.
2. The complaint in Divorce was filed on the 8th day of April of 1997 and scrved on
April 10, 1997 by certified mail postage prepaid.
3. The plaintiff served her affidavit ofconscnt on defendant on July 6, 1997.
4.. lhe plaintiff signed her Affidavit of Consent on the 11th day of July 1997.
5. The defendant signed a Waiver of Notice ofIntention to Request Entry of Divorce
Dccree on thc 11th day of July 1997.
6. There are no related claims pending as between the parties herelo an
Date: 7/11/97
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IN -<
IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
PENNSYLVANIA
ROSHELLE T, KELLEY,
No. Ci 7 - Jt6rJ /
c~.*~
PLAINTIFF,
Civil Action-Divorce
v,
THOMAS J, KELLEY,
DEFENDANT,
NOTICE TO DEFEND AND CLAIM OF RIGHTS
YOU IIA VE 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
cntered against you by the Court. Ajudgment may also be entered against you for any
other claim or relicfrcqucsted in these papers by the Plaintiff. You may lose money or
propcrty or other rights important to you, including custody or visitation of your children.
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 SIIOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE TilE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY COURT ADMINISTRATOR
1 Courthouse Square
Carlisle, Pennsylvania 17101
(717) 240-6200
,-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROSHELLE T. KELLEY,
No. Q'I- JP J I Cw:J 'T;.-
PLAINTIFF,
Civil Action-Divorce
V.
DEFENDANT
~.
THOMAS J. KELLEY,
A V1S0 PARA DEFENDER Y RECLAMAR DERECHOS
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USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las paginas siguientes, debe tomare accion con prontitud. Se Ie avisa que si
no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaminento
pucde ser emitido en su contra por la Corte. Una decision pucde tambien ser emitida en
su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted
puede perder dinero, 0 propiedades u otros derechos importantes para usted.
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Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio,
usted puede solicitar consejo matrimonial. Una Iista de consejeros matrimoniales esta
disponible en la officina del Prothonotary, en la Cumbcrland County Court of Common
Pleas, 1 Courthouse Square, Carlisle, Pennsylvania.
USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO
TIENE 0 NO PUEDEPAGAR UN ABOGADO. VAYA 0 LLAME A LA
OFFICINA INDlCADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL,
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL.
HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE D1VORCIO 0 ANULIAMIENTO SEA EMITIDO. USTED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
OFFICE OF THE COURT ADMINISTRATOR
1 Courthouse Square
Carlisle, PA, 17013
Phone: (717) 240-6200
AMERICAN WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is requircd by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities
and reasonable accommodations available disabled individuals having business before the
court, please contact our office. All arrangements must be made at least 72 hours prior to
any hearing or business before the court. You must attend the scheduled conference or
hearing.
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BY THE COURT:
Date:
A V AILADlLlTY OF COUNSELING
THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE
NOTIFIED OF THE A V AILABILITY OF COUNSELING WHERE A DIVORCE
IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS:
23 Pa.C.S. & 3301(a)(6)-------Indignities
23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent
23 Pa.C.S. & 330 1 (d)----------Irretrievable Breakdown; Two year separation where the
court determines that there is a reasonable prospect of
reconciliation.
A list of marriage counselors is available in the Office of the Prothonotary
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania
17013.
G
A rn ror~PIaintifT
22 So th Mllrket Street
MechanlCllburg, PA. 17055
(717) 790-0490
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,
PENNSYLVANIA
ROSHELLE T, KELLEY,
No. q '1-1 f.J I CuJ Ti...--
PLAINTIFF,
Civil Aelion-Divorce
VS.
THOMAS J. KELLEY,
DEFENDANT,
:A
,
COMPLAINT UNDER SECI'ION
330HC) OR 3301(D) OF THE DIVORCE CODE
PARTIES
1. Plaintiff is Roshelle T. Kelley, an adult individual, sui juris and who currently resides at
.-
"...
2 Bayberry Drive, Mechanicsburg, County of Cumberland Commonwealth of
Pennsylvania
2. Defendant, is Thomas J. Kelley, an adult individual, sui juris, who currently resides at
2 Bayberry Drive, Mechanicsburg 17055 County of Cumberland, Commonwealth of
Pennsylvania.
JURISDlCI'ION & VENUE
3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more
than 6 months.
4. The parties were married on the 28th day of September, 1991, in the city of
York, County of York, Commonwealth of Pennsylvania.
5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United
States or its allics within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
6. There has been no prior actions for divorce or annulment instituted by either party
..
against the other in this or any other jurisdiction.
GROUNDS FOR DIVORCE
7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been
~
separated since March 25, 1997.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that the plaintiff may have the
right to request that the court require the parties to participate in counseling.
10. After (90) days have elapsed from the date of the filing of this Complaint, plaintiff
intends to file an affidavit consenting to a divorce. Plaintiff believes that defendant may
also file such an affidavit. In the event that consent from the defendant is not forthcoming
Plaintiffshall seek a unilateral divorce pursuant to and in conformity with section 3301 (d)
of the Divorce Code subsequent to the filing of this Complaint.
11. The parties do have a biological child born of the marriage and of the name of
Kassidy R. Kelley,
12. The parties have not heretofore entered into any written agreement as to support,
alimony, or property division.
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COUNT I
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE
DIVORCE CODE.
13. The prior paragraphs are incorporated herein by reference.
WHEREFORE, if the parties file affidavits consenting to a divorce after ninety (90)
days have elapsed from the date of the filing and service of this Complaint, plaintiff
respectfully requests the Court to enter a decree of divorce pursuant to section 3301 (c) of
the Divorce Code.
Gre" ;So IlZ e ')"
Airorney, or Plaintiff
22 Sou Market Street
Mechanicsburg, Pennsylvania 17055
(717) 790-0490
VERIFICATION
I veritY that upon personal knowledge or information and belief that the st&tements
made in this Complaint are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn falsification
to authorities.
Date: %/,~/??
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
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ROSHELLE T. KELLEY,
No,
PLAINTIFF,
Civil Action-Divorce
v.
THOMAS J. KELLEY,
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,
DEFENDANT,
CERTIFICATE OF SERVICE
I hereby certifY that on this ~ day of nil)) I' 0 1997, a true and
correct copy of the foregoing Notice to Defend,~ity of Counseling and
Verified Complaint in the above-captioned matter, was served upon the person and in the
manner listed below:
Service by Certified Mail, Return Receipt # _P 4D'S O~ ?3$S , addressed to the
following: Thomas J. Kelley, at 2 Bayberry Drive Mechanicsburg, PA. 17055 County of
Cumberland,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
ROSHELLE T, KELLEY,
Civil Action-Divorce
PLAINTIFF
Docket No. 97-1821
VS.
THOMAS J. KELLEY,
DEFENDANT
AFFIDA VIT OF CONSENT
I. A complaint in divorce under Section 3301(c) or (d) of the Divorce Code was filed on .
April 8, 1997, and served upon defendant April 10, 1997.
2. The marriage of plaintiff and defcndant is irretrievably broken and ninety days have
elapsed from the date of filing and serving the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fces or expenses if! do not claim them before a divorce is granted.
I veritY 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. Cons. Stat. S 4904
relating to unsworn falsification to authorities.
Date: 7)07
~JoOOX\<QQ~
Plaintiff
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ROSHELLE T. KELLEY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-1821 civil Term
v.
THOMAS J. KELLEY,
Defendant
CIVIL ACTION -
DIVORCE/CUSTODY
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
DIVORCE DECREE UNDER SECTION 3301fCl OF THE DIVORCE CODE
1, I consent to the entry of a final Decree of Divorce
without notice.
2. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a Divorce is granted,
3. I understand that I will not be divorced until a
Divorce Decree is entered by the Court, and that a copy of the
Decree will be sent to me immediately after it is filed with the
Prothonotary,
4, 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:
I) - II-Cl7
Thomas J.
ant
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