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Home My WebLink About98-00416 'J~:j;' , . l l ~ ~ ~'j t ~ ~ ~ / c .... ~. ;-.... .. .~ ... '-J' ~ ....... ' '). I 0.- ()-- .:+:. .:+:.' ;'. ~ **~M**~*~*~~*.~.~***)~,.~,;*:~.***~:.~:~ ...............--.-------..-...--. -----.- -----......-_..____.........._------. - -----"'0, ......................~~._........_....___........______.__,______......__.. .', M .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~~~ PENNA, ~.. '~~~...~r ,', ~ .', ~ .', ~ ,', ~ .', ~ *- '.' ,'~ ~ ,'. ~ ,'~ * TINA L, KENNEDY ,', ~ ~ '.' ,', ~ ,,~ ~ *- ~,. .', ~ Vtll'~lIH EDWARD R. KENNEDY l! .', ~ .', ~ .', ~ ,.; ~ ~ ~.' .. ,', ~ " ~ Plaintiff !I ,.. :1 98 - 416 No. .................,'..... ................. i , Defendant .', ~ .', ~ .', * *- '.' ~ '.~ ~.~ ~ ,', ~ *- ~,' ~ '.' $ ~ ~.~ ~ ~.~ ~ ~.~ *- ~.' ~ '.' f.. ~ DECREE IN ~ Ii .', ~ ~. . ~ ~'; ~ '.' decreed that '" .T,I,N.A. .L... . . . .N.E.D,'( . . . . . . . . . . . .. . . . . . .. . . . . . . . . . " plaintiff. and. . . . . . . . . . . . . ~~~~~~.~: . ~~~~~~:. . . . .. . . . . . . . . . . . . . . . . . . . . " defendant, are divorced from the bonds of matrimony. w ~.~ w ~.. 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; ~ ~. ~ .' .... ......... ..... ..~~9P~~~Y.,~~~J~.,P~.~?~?~.JpP?~8..)99~ 1a. ..... ... .... . . . . . . . . . . . . . . . . .. . ~':l~'?:~'?:~~~~. ~':l~'? ~~~!'. '?!'~~!'. . . . . . . . . . . . . . . . . . . . . . . . . . . w ~.' ~'. M :'. ,', ~ ~ ,.' ~ .' *- :.' ~ ;,: ~ ~ ~ :~:. .>>:-. <to;. .:+:. - ,;.+ Prothonolary '''({'J: .~. ----------..-..--. _ '"'-- ~ - .. --- -- - , .-......~.~.----...-. .....-......-.-.... ~.....----....,,----~-...._--~..._.----....._...... j ~ .:+;. .:.:- .:..:. ':0&:. .:.:. . .:+;. .:.;. .:.;. .:+:. .:+:.' ~ ~': ~ i'~ ,', ~ ~ ~.~ ~ ~ ~ '.' ~ ~ '.~ $ ~ * .', ~ ,', ~ S '(; '.' ,', ~ TINA L. KENNEDY, PlaintitT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 98- 416 CIVIL TERM v EDWARD R, KENNEDY, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECI'ION 3301(c) OF THE DIVORCE CODE I. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on January 23, 1998, 2. Defendant acknowledges receipt and accepts service of the Complaint on or about January 3D, 1998, 3, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4, I consent to the entry of a finnl decree of divorce without notice, S. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if/ do not claim them before a divorce is granted, 6, 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, 7, I have been advised of the availability of maniage counseling and understand that I may request that the Court require counseling, I do not request that the Court require counseling, I verifY that the statements made in this affidavit are true and correct. I understand that fnlse statements herein are made subject to the pennlties of 18 Pa,C,S. ~4904 relating to unsworn fnlsifiention to authorities. Date: V! ~ ~! q 9 I I I i I , I I I , : , v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 98- 416 CIVIL TERM TINA L. KENNEDY, Plaintiff EDWARD R, KENNEDY, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: I, Ground for Divorce: Irretrievable breakdown under Section (x)330 I (c) ()3301(d)(I) of the Divorce Code. (Check applicable section,) , 2. Date and manner of service of the Complaint: January 30, 1998, First Class Certified Mail, Return Receipt Requested, Restricted Delivery, 3. (Complete either paragraph (a) or (b), (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: June 28, 1999; Defendant: June 28, 1999, (b) (I) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code:_; (2) Date of service of the Plaintiffs affidavit upon the Defendant:_, 4. Related claims pending: None. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA L, KENNEDY, v CIVIL DIVISION - LAW NO, 98 - I/IIi> U;;A:te-IyI EDWARD R. KENNEDY, Defendant IN DIVORCE 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY A VENUE CARLISLE, PA 17013 717-249-3166 TINA L, KENNEDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW NO, 98 _ 'Ill. {:,~:J -UiA- EDWARD R, KENNEDY, Defendant IN DIVORCE COMPLAINT Plaintiff, Tina L, Kennedy, by her attorneys, Broujos & Gilroy, P,C" sets forth the following: I Plaintiff, Tina L, Kennedy, is an adult individunl residing at 5400 Spring Road, P.O. Box 237, Shermansdnle, Perry County, Pennsylvania, 17090 2 Defendant, Edward R. Kennedy, is an adult individunl residing at 128 Woods Road, Newville, Cumberland County, Pennsylvania, 17241. 3 The parties were married on December 19, 1987, in Carlisle, Cumberland County, Pennsylvania, 4 Plaintiff and Defendant have lived continuously in the Commonwenlth of Pennsylvania for at lenst six months prior to the commencement of this action, Additionally, Defendant hns resided in Cumberland County for at lenst six months prior to the commencement of this action, S In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken, 6 The Defendant has offered such indignities to the Plaintiff, his innocent and injured spouse, as to cause her life intolerable and condition burdensome, 7 The parties possess various items of ren! and personn! property which are marltn! property and subject to equitable division by the court, 8 Plaintiff is without sufficient assets to sustain herself during the divorce and Plaintiff is without sufficient assets to pay legal fees, 9 Plaintiff is without sufficient assets to sustain herself subsequent to a divorce, 10 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff, 11 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling, WHEREFORE, the Plaintiff requests your Honorable Court to enter an order us follows: '( /. A. Divorcing Plaintiff from Defendant, B, Equitably dividing marital property of the parties, C. Ordering the Defendant to pay alimony pendente lite, D. Ordering the Defendant to pay alimony, ,- E. Ordering the Defendant to pay counsel fees and costs, , F, Such other relief us deemed appropriate by the court, By Hubert X, Gilroy, Esquire Attorney for Plaintiff 4 North Hanover Street Carlisle, PA 17013 717 - 243-4574 BROUJOS & GILROY, P,C, ,\ , \ j I , i , I !':( i I ; , , t I TINA L. KENNEDY, Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 98- 416 CIVIL TERM EDWARD R. KENNEDY, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on January 23, 1998, 2. Defendant acknowledges receipt and accepts service of the Complaint on or about January 30, 1998, 3, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice, 5, I understnnd 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, 6. I understnnd 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, 7, I have been advised of the availability of marriage counseling and understnnd that I may request that the Court require counseling, I do not request that the Court require counseling, I veri!)' that the statements made in this affidavit are true and correct. I understnnd that false statements herein are made subject to the penalties of 18 Pa,C.S, ~4904 relating to unsworn falsification to authorities, Date:~ ~~ ;/ ~4- Tina L. Kennedy I Plaintiff TINA L, KENNEDY, PlaintifT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 98- 416 CIVIL TERM v EDWARD R, KENNEDY, Defcndant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330I(c) OF THE DIVORCE CODE I. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on January 23, 1998, 2, Defendant acknowledges receipt and accepts service of the Complaint on or about January 30, 1998. 3, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4, I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of propcrty, lawyer's fees or expenses ifI do not claim them before a divorce is granted, 6, 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, 7, I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling, I do not request that the Court require counseling, 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, 94904 relating to unsworn falsification to authorities, Date:~ ~ ;;/ ~~ Tina L. Kennedy / Plaintiff r:? ? ()1 n ':-'1 ':;J..\ ,',Ij;"'; '(l~~~ :,~~;'f) ',.I.~~~~, . ~ r\l ~~!\ '-. ~;:J -< C) G. -oi.'\; 11\1;1 %::r! :;~. r.. '0 ,~ r~C'" '':'~ ---. "...t. ~~-, f": -'~c.-- ~" -:;~ ::} ", ...Q u.> '- ~:; , .- '-':.1 ~'".' ~. II n '.1': <:"'J C- t.,:.) ., ""::1 ~")f,; <- ." 011; r:7: " r'- , ~:! 1 .:0-::/) I gf~;, I ., '71 ~~~ ~~; ,~ i:J ..... " s€[i ; ~'\ -)"1 (-> r0 ,.:51 " ::.'J -, => ~, ::.~ -<. cn ...; l p :tJ@ !pru ;;;:....\1 (jjC;- _-<r;: r-~' j~ t:J :i8 e- ft; I.V '0 p " :-:/ -t "'"r ;l1,-d -""r'J i3? :;1 ~ r. i_'";:"r1 ,>'(i Cirn '-' ),. ~ '- r:::: r- - 0'\ h ',. .... ~ I\:) O:l I, . L' () \.0 !if c co :s: .':) 5! iJirl1 C'") 1"1 -i mill <:::r; ;;.: s:: N "]~ ~~. 0'\ ;:g ~' .-0 ""0 .:::1"'" ;;;; ~~ ;;on ::JI: --0 >r- .t:- o :7 '. ?& ~ ,':) - - -<: Y\ Copy to Edward R. Kennedy NOTE: 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. TINA L. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 98 - 4167 CIVIL EDWARD R. KENNEDY, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Wednesday, December 30, 1998 Present for the Plaintiff, Tina L. Kennedy, is attorney Hubert X. Gilroy. Also present is the Plaintif.f, Tina L. Kennedy, and the Defendant, Edward R. Kennedy, who is not represented by counsel and is appearing pro se. A divorce complaint was filed on January 23, 1998, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. The parties have indicated that they will both sign affidavits of consent and waivers of notice of intention to request entry of divorce decree prior to the hearing so that the divorce can be concluded under section 3301(c) of the Domestic Relations Code. The complaint also raised the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. The parties have indicated that they will not offer any testimony on the factor of marital misconduct as that factor may affect wife's alimony claim. The parties were married on December 19, 1987, and separated in February 1997. They are the natural parents of one child, Alyssa, who is nine years old and lives with the father. Wife has two children of a prior relationship, one of those children, a daughter, Sheena, lives with her. The other child of that relationship, a son, is emancipated. Wife is 38 years of age and resides at 5400 Spring Road, Apartment 4, Shermans Dale, Pennsylvania 17090. As previously noted, she lives with the daughter of a prior relationship and her brother, Larry Israel. Wife has a GED but is currently unemployed because of a disability arising out of non-Hodgkin's lymphoma. She has a medical card and is receiving $152.00 every two weeks from assistance. She is able to live in her present apartment because it is owned by her grandmother and she is not currently paying rent. She is paying $25.00 a month on arrearages for a support order that had existed for Dustin, her son from a prior relationship. She is currently not receiving nor paying any other support or alimony pendente lite. Wife, when she was working, had been employed with Gancom through JFC and was working as a mail sorter. She indicated that she had been offered a position with that company but because of her illness was not able to take a full-time position. She did indicate that her prognosis does look hopeful and that she should be continuing treatment and will be able at some point to resume employment. Husband is 31 years of age and resides at 128 Woods Road, Newville, Pennsylvania, where he lives with the daughter Alyssa. He is a high school graduate and is self-employed as a laborer in the construction field. He reported a 1997 gross income of $33,000.00 and a net of $20,515.00. His explanation for the large amount of deductions was because he had to buy a number of tools in order to engage in his trade. The Master is directing Mr. Kennedy to provide a copy of his 1998 tax return to Mr. Gilroy and to the Master to be filed with the Court and Mr. Gilroy by February 15, 1999. Mr. Kennedy does not currently have any medical insurance but has applied for medical assistance for the daughter who is living with him. Mr. Kennedy has not raised any health issues. The parties own real estate at 128 Woods Road, Newville, Pennsylvania, which was appraised in April 1998 showing a market value of $115,000.00. Mr. Kennedy has been in contact with Century 21 Piscioneri and the suggested listing price for that property is $121,900.00 and Mr. piscioneri is going to contact Mr. Gilroy about getting his client's signature on the listing agreement. There is some issue perhaps about the condition of the septic system and an unfinished bathroom in the property and whether or not these items need to be attended to prior to being able to attract a purchaser. Mr. Gilroy and the realtor will discuss that issue along with the parties to see if any remedial action can be taken in order to make the property more attractive to a potential buyer. The property is subject to a mortgage in favor of Keystone Finance with a payoff of around $65,000.00. The mortgage payment is $600.00 per month and does not include taxes and insurance. There is also a home equity lien against the property in favor of Beneficial and that payoff appears to be around $13,690.00. Mr. Kennedy indicated he is paying $250.00 a month on that loan. Mr. Kennedy has indicated that both the mortgage payment and the home equity loan are current. Obviously, however, because of the expenses related to the property and there being no other way to accomplish a distribution of the marital assets, the parties need to get the house listed for sale and on the market so that debts can be paid against the house and there will be some funds for each of the parties for distribution in the divorce action. There is a claim by husband's parents against the parties for monies they allege were loaned to the parties at the time the home was purchased and later on as the home was being improved. The amount of that claim is around $25,000.00 and husband's parents have contacted Robert M. Frey who has written a letter to Mr. Gilroy asserting the claim. Mr. Gilroy's position is that there does not appear to be any evidence of the loans and he has indicated to Mr. Frey that Mr. Frey can raise the matter in a lawsuit and have the Court dispose of the issue regarding the claim of husband's parents. Hopefully that matter will be resolved prior to the equitable distribution hearing in this case, otherwise, the Master will have to defer any action pending the resolution of the claim by husband's parents. Also, if they do intervene in the divorce action, then they become indispensable third parties in the case and the Master will have to withdraw. Wife has a 1988 Chevrolet spectrum which she has valued at $500.00. The other narital assets include some household furnishings, some tools, and a topaz ring. Mr. Kennedy indicated that he is really not interested in pursuing any of those assets, being mainly concerned with resolving the house issue. The parties also have other debts which include Members 1st, Beneficial, Wards, Sears, and Lowes. Mr. Kennedy indicated today that on January 11, 1998, a hearing is going to be held in the bankruptcy court pursuant to his request to discharge his obligations to those creditors on those debts. Mr. Gilroy was not aware of this pending bankruptcy action and will have to consider whether or not he wants to involve his client in the request for discharge since she ultimately, if she is not discharged, will be primarily liable on the remaining debts. A hearing is scheduled for Friday, July 9, 1999, at 9:00 a.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master ~ TINA L. KENNEDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 B - 4 167 vs. CIVIL ACTION - LAW EDWARD R. KENNEDY, Defendan t IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Tina L. Kennedy , Plaintiff Hubert X. Gilroy , Counsel for Plaintiff Edward R. Kennedy , Defendant ------------- Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 9th day of July , 1999, at 9: 00 a.m.. at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. President Judge Date of Order and Notice: l2/3l/98 By: Divorce Master 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 com<,ry BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (7l7) 249-3166 5 Over the past year or so ugo, the mother has had custody of Alyssa along with hcr own daughter Sheena, Within the pllSt few months, lIn investigation was started in Perry County concerning an incidcnt which allcgedly took placc bctwcen Alyssa and Larry Israel who lives with the mother, Since that time Alyssll hlls residcd with the father and mother enjoys periods of temporary custody. 6 Dcfcndant is self-cmployed liS a laborcr and does some work for a Mr, McKorkel. 7 The primary assct ofthc parties is the marital home at 128 Woods Road, Newvillc, An appraisal of the property was donc by Wolfc & Shearcr Rcaltors in April of 1998 and it suggested a fair market value of $115,000,00, The estimatcd mortgage payoff is $65,000.00 for a net equity of approximately $50,000,00, 8 There are additional loans and obligations owing by the parties, There is a Member's First Loan, which had a balance of approximately $9,900,00 at scparation, There is a beneficial loan with a balance of $800,00 at separation, There is a Ward's account which the liability is unknown at the time of separation, Thcre was a Scar's account in Mrs, Kennedy's name alone with a balance of approximately $443,00 at scparation, Thcre was a Lowe's business account for Mr, Kennedy with the balance at separation unknown, ,\ ! 9 Therc was some miscellancous personal property that was hcld by the parties at separation: II r 'i' \' , .' i \;;' ~ , ., " ,",", I", ... ~~ \)\1.. !Hl? ~.." ,,'; , -'..';; , ' . \',:l , ~S: \ ,~~ \ fJ, ,.',r.~ :'... r,i ;'-.'_'41 /tcm Four Wheel Drive Truck Dinette Set Sear's Riding Tractor with Snowblower Topaz Ring Part in Posscssion Husband Husband Husband Value $1,000,00 $800,00 $1,000,00 $400,00 Given to Wife but in osscssion of Husband Husband Husband Wife Husband Husband Anti ue Dresser Tools 1998 Chevrolet S Stereo s stcm Pool table $500,00 $2,000,00 $500,00 $700,00 $1,000,00 Respectfully submitted, . Gi oy, Esquire A mey for Plaintiff Broujos & Gilroy, P,C, 4 North Hanovcr Street Carlisle, P A 17013 (717) 243-4574 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TINA L, KENNEDY Plaintiff vs. EDWARD R, KENNEDY NO. 0416 19 98 MOTION FOR APPOINTMENT OF MASTER (Plaintiff) ~n:, following claims: TINA L. KENNEDY , a master with ~spect to the ( ) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente moves the court to appoint (X ) ( ) ( ) ( ) Distribution of Property Support Counsel Fees Costs and Expenses Lite and in support of the motion states: (l) Discovery is complete as to the claims(s) for which the appointment of a master is requested. . (2) The defendant (has) ~ appeared in the action ~) (by his attorney, Paul B. Orr ,Esquire). (3) The staturory ground(s) for divorce (is) (~ thp marriage is irretrievably broken in accordance with Section 3301(c) of the Divorce Code (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the ,;t.. Olt. b ... (c) ~ r1tion is contested with respect to the following (5) The action (~yulves) (does not involve) complex issues of law folloWing claims: claims: or fact. The hearing is expected to take I (huu.~) (days), Additional information, if any. relevant to the motion: r&(JI! vii A<@6~ /. ORDER APPOINTING MASTER AND NOW (Jearldvd7 ,19 Y',9, C~~UcLL-1. 4 is appointed master with respect to the following claims: ~' " ,\J\' l("':\"\'~:ld \i1i~'JI\I','~~' ';'1""'\'" ~ .... '. ' .' 1:.1' ,,\ .., hlN:\C!:.~ ,," >'H . a'J t'JU \.lS, '3 \ :0\ \\~ u (.0 . 'I' .:,) ^'o'V10~~St~r\i~ - - (6) (7) Date: Esquire, J 0 1.0 0 !:;; (.;0 -h "0& 0 -, ~ :1' S~ 9.i -i oiiflJ ~(- N :>;J[TJ ~~~.: --.J :'tJ)? ';) c' :;J~? < - .", ;X;:o -. c-;;:i:J ...... ~F.i ~() ~ -~ ~ ~ 0 ::0 0'\ -< JOliN H, OROU'OS HUbSin' X, GILKOY BROUJOS & GILROY, I',C, A'I'roRNIiYS AT LAW 4 NORTH HANOVIiR STRI!IiT CARLISLI!, I'liNN5YLVANIA 17013 Tlil.lil'1I0NU: (717) 243-4574 FACSIMILt: (717) 243,8227 INTliKNfiT: brgllroypcOlnul.com NON.Tol.I. rOR HARKISIIURG ARGA 717-766-1690 November 24, 1998 Robert Elicker Divorce Master One Courthouse Square Carlisle, PA 17013 Re: Kennedy v Kennedy Dear Bob: Enclosed is my pre-hearing memo in the above case. Paul B. Orr, Esquire was communicating with me on behalf of Mr, Kennedy, Paul has recently suggested that he will not be representing Mr. Kennedy in the event this case goes to a hearing, Accordingly, I am copying Attorney Orr and Mr. Kennedy with this memorandum. I would not want Mr. Kennedy's delay in filing a pre-trial statement to delay the ultimate scheduling of hearing in this case, Accordingly, in the event Mr. Kennedy does not file a pre-trial statement, would you kindly proceed with scheduling this matter for a prp.-hearing conference, dch cc: Paul B. Orr, Esquire Mr, Edward R, Kennedy " ....' .' '. " ~'7i ';-11"",[,,);,,, '''\",' ''''', ' " , ..,':.."". ' ':"'C'. (,;.'~ """'.""';",,, >"..'i'" ......,.~'H~,;.."..;."",.i;.";:...~'.:1cI~~.....,,':.d'i,,.., ',",'" ''1'";i h" ."...,"~, ..,., ,,:~, ,~. "'~"""""""''''<'','1" ,,' '", "", ,'<\h,(;~\!:,:,>:,\." ':r','..,.'.~ ,'.' ':"'!"''1>.>itl'!;':"~"".',li(l'',,~,:,,'~ 1'.1 ""'''~, .:.."''''M'''I..",. ,','." ,.~ 'j'i'''"~"..,,l'' 'tOj'II" "t' 9't\~>' ';>'~~t~~... .:r~~jl!l,~"'i'~,~"t" ~}:1 .~~<'j~~~,~. rV-~~ :.~d ',>'iq "'I',i~.:1 :.., ," '.1,. '....' 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A1TORNIlYS AT LAW 4 NORnl HANOVIlR STIlI!1lT CARI.ISLIl, PIlNNSYLVANIA 17013 Tlllnl'llONm (717) 2434574 FACSIMllll: (717) 243.8227 1NTIlRNIIT: brgllroypcOnol.com NON-Toll FOR HARRISIlURG ARM 717.766.1690 May 18,1999 Robert Elicker Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Kennedy v Kennedy Dear Bob: The Kennedy's have an agreement to sell the real estate at a sale price of $112,500.00, Settlement is scheduled for June 30th, Naturally, the home has to pass any septic and any other inspections, I will keep you advised of any developments. If we can sell the real estate and there is some cash available to distribute, there may be more opportunity for this case to be resolved prior to a hearing, Sincerely yours, cI Hubert X, Gilroy dch cc: Tina Kennedy J ,~~ I' 1,1, " I ii .: \, " ,\ i, , f!.~ 100lN H, DROUjOS HuslIRT X, CII.ROY BROUJOS & GILROY, p. C, ATTORNUYS AT LAW 4 NOR1l1 HANOVER STREDT CARUSLE, PUNNSYLVANIA 17013 ". TBLnrlfONn: (717) 243-4574 FACSIMILn: (717) 243,8227 INl1JllNIlT: brglJroypcOaol.com NON-ToLL FOR HARRISbURG ARIlA 717-766-1690 I understand you are handling a real estate transaction next Monday at 1 :00 p.m. involving the sale of Edward and Tina Kennedy's property, I am representing Tina in a divorce. Mr. Kennedy is unrepresented in the divorce. The parties do not have an agreement with respect to the distribution of the proceeds of the real estate. Accordingly, I anticipate that the monies be held in escrow post settlement. We will be happy to hold the monies in our escrow account. I ask that you provide me with a copy of the HUD-I settlement sheet once it is prepared. rF 1] rES1,2)'Yl \',-- ,\S)) u- U ,--- .....- June 22, 1999 Robert O'Brien, Esq. O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 170/3 Re: Kennedy Transaction Dear Rob: I will attend settlement on behalf of Mrs, Kennedy, Thank you for your cooperation, Sincerely yours, dch cc: Tina Kennedy Mr. Kennedy E. Robert Elicker, Divorce Master Hubert X. Gilroy ""-I~'';" ~ , " ",I,:, I,:: i ( C~; ,H? " l\l: f:, " '1 , \J G.);i,.! ~"_.', l_' '.. J I" _ :. rr, fli:i\i\!~;YL\l",~1 /, ;;1 'It ~~t: I~~ 1),1' ;!~'.: 1f~ ~f." :j, '~;-h jF{ , ;tf.~ ,.:t: ! :~~ ,~ ~;f " (C. \'/ j u ,-,' u PROPERTY SETTLEMENT AGREEMENT THIS IS AN Agreement made this 28th day of June, 1999, by and betwecn Edward R, Kennedy, (hereinafter referred to as Husband) and Tina L, Kennedy, (hereinafter referred to as Wife), WHEREAS, Husband and Wife were married on December 19, 1987; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, the Wife has commenced a divorce action against Husband docketed at No, 98 _ 416 in Cumberland County, Pennsylvania; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenanec, and any other rights under the said Divorce Code not provided for herein and agree as follows: The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Eaeh party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necesswy to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other, 2 The pnrties agree that they will split l'CIUlllly Ihc Ilnlccl'Cls Ihlllllhc slllc uflhc II1l1rtilll rcal cstate, J The pnrties agree that they will split l'CIUlllly Ihc pmcl'C.'Cls Ihllt lire rctumcd and which relate to the escrow monies for c1can up ofthc 1111101111 relll CSllllc, " Each party hl)l'eby represcnls Ihcy hllvc disclosed 1111 of Ihc lI1aollll1l8Scl8 10 the other party in the negotiations for the consunllnation oflhls Agrl'C.'1l1cnt, 5 The pnrties agree to exeeute Ihc Conscnt Al1idllvits in ordcr to linlllize the divoree, the Wife agrees to proceed with finalizing the divorcc cllse. 6 Both pnrties shall incur their own legal cxpcnscs wilh rcspeelto this divorce litigation, 7 The pnrties agree that they will not contract or incur any debt or liability for which the other party might be responsible and shall indemnify and save the other pnrty hnnnlcss from any and all claims or demands made against that party by rcason of such dcbts or obligations incurred by the other party, 8 Should a decree, judgment or order of sepllration or divorce bc obtained by either of the pnrties in this or any other sate, country, or juosdiction, cach of the pnrtie.~ hereby consents and agrees that this Agreement and all of its covenants shall not bc uflbcted in any way by any such separation or divorce; and that nothing in any such decrcc, judgll1cnt, orncr or further modification and revision thereof shall alter, amend or vury any tcnll of this Agreement, whether or not either or both of the parties shall remarry, it being undcrstood by IInd bctween the pnrties hereto that this Agreement shull survive and shall not be II1crgcd into uny dl'Crl.'C, judgment, or orner of divorce or separation. It is specifically agreed, howevcr, thlltu copy of this Agreement or the substance of the provisions thereof, may be incorporated by rcfercnce into allY divorce, judgment or its decree, This incorporation, however, 8hllllnot bc rcgurlled IL~ a mcrger, it being the specific intent of the partiesfto permit this Agreemcnt 10 survivc UIlY jUdgll1cnt and to be forever binding and conclusive upon the pnrtie.~, 9 Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thercof, whether wising out of any fonner acts, contracts, engagements or liabilities of such other or by way of dower or courtesy of claims in the nature of dower or courtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentmy or all or other rights of the surviving spouse to participate in a decensed spouse's estate, whether wising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether wising as a result of the mwital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature wising or which may wise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, c~mplete and general release with respect to any and nil property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature wising or which may wise under this Agreement or for the breach of any provision thereof. 10 Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. II Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 12 A modifieation or waiver of any of the provisions of this Agreement shnll be effective only ifmnde in writing and executed with the same fonnnlity as this Agreement. The failure of either party to insist upon the strict perfonnance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, , , '..... IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, WITNESS