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HomeMy WebLinkAbout08-0828a KIMBERLY ANN KELL, Plaintiff V. DENNIS EMERSON KELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. O k- ga 8' CIVIL TERM CIVIL ACTION - LAW 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 ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 BOM & Nu ULAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 KIMBERLY ANN KELL, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 0 $- y 2 $' CIVIL TERM DENNIS EMERSON KELL, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Kimberly Ann Kell, who currently resides at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Dennis Emerson Kell, who currently resides at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 1, 1991. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, §3301(a) (6), 3301(c) and 3301(d), in that: a. The Defendant has offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome. b. The marriage is irretrievably broken. C. The parties have been living separate and apart since February 2008. 8. 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 such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, which property is "marital property" 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property" 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained the law offices of ABOM & KUTULAKis, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff may need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, ABOM & KUTUL uas L.L.P. DATE 02- [OL? 10? Kara W. Haggerty, ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff r VERIFICATION I, KIMBERLY ANN KELL, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 5 4904 relating to unsworn falsification to authorities. Date i r ERLY NN KELL P 04' G K l? ?rW? `p V ` r?i C'J v n S C r t r m i tl n r { ?? ?.?? f ri : < l co KIMBERLY ANN KELL, Plaintiff V. DENNIS EMERSON KELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-828 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE id, AND NOW, this ) day of February, 2008, I, Wayne Shade, Esquire, hereby certify that I did receive and accept service of the Complaint in Divorce in the above captioned matter on behalf of the Defendant, Dennis Kell, and I further certify that I am authorized to do so. Respectfully submitted, Afl0M & KUT U.L4"s, L.L.P DATE / F C U S/ e-tlA-A Wayne Sh de, Esquire 53 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 243-0220 Attorney for Defendant ID # /,57/2, a C/J co > ; KIMBERLY ANN KELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 08-828 CIVIL TERM DENNIS EMERSON KELL, Defendant : IN DIVORCE PRAECIPE AND RULE FOR BILL OF PARTICULARS TO: Curtis R. Long, Prothonotary Please enter a rule upon Plaintiff to file a Bill of Particulars within twenty (20) days after service of the Rule or suffer non pros. Date: February 8, 2008 Wayne F". "Shade, Esquire Attorney for Defendant AND NOW, this day of r{bza , 2008, a Rule is issued upon Plaintiff as set forth above. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street _ Carlisle, Pennsylvania 17013 Prothonotary bp t' 0 ` i` ( s t r 41 ? V.?/ ..J y.r.. ., CO KIMBERLY ANN KELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. . :NO. 08-828 DENNIS EMERSON KELL, Defendant : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY OF CUMBERT .AND COUNTY, PENNSYLVANIA: Please withdraw the appearance of Kara W. Haggerty, Esquire on behalf of the Plaintiff in the above referenced matter. Dated: ob Respectfully Submitted, Kara W. Haggerty, Ej?{i Abom & Kutulaks 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Id. No. 86914 ENTRY OF APPEARANCE Please enter the appearance of Marianne E. Rudebusch, Esquire, on behalf of the Plaintiff in the above referenced matter. Dated: g1 Respectfully Submitted, 1 A-0 _V-1 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 0 !ra_, F cr% r -V -5 31 N Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff KIMBERLY ANN KELL, Plaintiff V. DENNIS EMERSON KELL, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 08-828 : IN CUSTODY PRAECIPE TO WITHDRAW COUNT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please withdraw the count under Section 3301(a)(6) of the Divorce Code that was filed in the Divorce Complaint on 2/5/08. Respectfully Submitted, Dated:. 3 q. J V\ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 r,? ?? i ? n? ; ° '' ?^ ? n - ? i ??: .? _ ; ??;> a _,,, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff KIMBERLY ANN KELL, Plaintiff/Petitioner V. DENNIS EMERSON KELL, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 08-828 : IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION AND NOW, comes the Plaintiff/Petitioner, Kimberly Ann Kell, by and through her attorney, Marianne E. Rudebusch, Esquire, and respectfully files the following Petition for Exclusive Possession and in support thereof avers as follows: 1. The Plaintiff/Petitioner, Kimberly Ann Kell, an adult individual who resides at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania, 17241. 2. The Defendant/Respondent, Dennis Emerson Kell, an adult individual who resides at 1046 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are tenants in the entireties of the property located at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania and where Plaintiff/Petitioner resides with the parties two minor children. 4. Defendant/Respondent moved from the property at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania on or about 7/6/09. 5. On 8/18/09, Plaintiff/Petitioner filed a Petition for Protection from Abuse (PFA), alleging, inter alia, that the Defendant/Respondent had threatened her with bodily harm and to kill her. A temporary PFA has been in place since 8/18/09. 6. Two separate hearings on the PFA were held before the Honorable J. Wesley Oler, Jr. on 8/28/09 and 9/10/09, and he has taken the matter under advisement. 7. Prior to the Defendant/Respondent vacating the marital residence on 7/6/09, the parties had verbal arguments nearly every time they were in the same room together. 8. The atmosphere of strife and verbal altercations make it difficult for the Plaintiff/Petitioner and the children to feel safe in their home. 9. Plaintiff/Petitioner has no adequate remedy at law. 10. Plaintiff/Petitioner and the minor children will suffer irreparable harm unless the relief requested is granted. WHEREFORE, the Plaintiff/Petitioner, Kimberly Kell, respectfully requests that this Court enter an Order directing: a. That she have exclusive possession of the residence located at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania. 2 b. All other relief the Court may deem appropriate. Respectfully Submitted, Ab, CN"C'-? q- 12,,? Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 ?1- (O-0 Id. No. 63522 Dated: J 3 ATTORNEY VERIFICATION Undersigned counsel, Marianne E. Rudebusch, Esquire, hereby verifies and states that: 1. She is the attorney of record for Kimberly Ann Kell, Plaintiff. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing are true and correct to the best of her knowledge, information and belief. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. Dated: a'16-0 Marianne E. Rudebusch, Esquire Attorney for Plaintiff KIMBERLY ANN KELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. :NO. 08-828 DENNIS EMERSON KELL, Defendant : IN CUSTODY CERTIFICATE OF SERVICE AND NOW, this 10 day of , 2009, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressees: Wayne F. Shade, Esquire Katie J. Maxwell, Esquire 53 West Pomfret Street 10 East High Street Carlisle, PA 17013 Carlisle, PA 17013 Abraham Prozcki, Esquire 401 Louther Street, Suite 103 Carlisle, PA, 17013 By: - Katherine A. Frey FILED-t:= ivt- aE THE ??t°??tfi°??€??Y 2009 SEP I I PM 12: S 8 UXI"lly KIMBERLY ANN KELL, Plaintiff V. DENNIS EMERSON KELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 08-828 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR EXCLUSIVE POSSESSION ORDER OF COURT AND NOW, this 17`h day of September, 2009, upon consideration of Plaintiff's Petition for Exclusive Possession, a hearing is scheduled for Friday, October 9, 2009, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Marianne E. Rudebusch, Esq. 4711 Locust Lane Harrisburg, PA 17109 Attorney for Plaintiff ZWayne F. Shade, Esq. 53 West Pomfret Street Carlisle, PA 17013 Attorney for Defendant Courtesy Copies: Abraham Prozcki, Esq. MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 41 1,Katie J. Maxwell, Esq. 10 East High Street Carlisle, PA 17013 :rc .? . r c 2t?09 S?° ? ? ? k ? ?' ? +3 ??°-++ ?i ?;?,,k ' F:\FILES\Clients\13553 Kell\ 13553. Lpra Created: 9/20/04 0:06PM Revised: 9/14/09 4:58PM Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant KIMBERLY ANN KELL, Plaintiff V. DENNIS EMERSON KELL, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-828 CIVIL ACTION - LAW : IN DIVORCE PRAECIPE Please withdrawal the appearance of Wayne F. Shade, Esquire on behalf of Defendant, Dennis Emerson Kell, in the above matter. Wayne j: Shade, Esquire I.D. No. 53 West Pomfret Street Carlisle, PA 17013 (717) 243-0220 Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY AND FALLER on behalf of Defendant, Dennis Emerson Kell, in the above matter. MART/SON LAW OFFICES By; /C K'?!z atie J. ell, Esquire I.D. No. 206018 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: 9/?? ?' Attorneys for Defendant CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 MARTSON LAW OFFICES By: &4) - O'U? M . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9// -a/Q9 6=iLPO- o THE ? V l1 t ; :... ? r ?`1S . a 20B S EP 18 Ark 11 .2 d' KIMBERLY ANN KELL, Plaintiff v DENNIS EMERSON KELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-828 CIVIL TERM IN RE: PETITION FOR EXCLUSIVE POSSESSION ORDER OF COURT AND NOW, this 9th day of October, 2009, upon consideration of Plaintiff's Petition for Exclusive Possession, and pursuant to an agreement of counsel in open court, it is ordered and directed that Plaintiff's Petition for Exclusive Possession is granted with respect to the parties' residence at 392 Crossroad School Road, Newville, Cumberland County, Pennsylvania; provided, that Defendant shall be permitted to be present on the premises for such purposes and at such times as the parties mutually agree. Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 For Plaintiff Katie Maxwell, Esquire 10 East High Street Carlisle, PA 17013 For Defendant :mae Cortles lol to ? By the Court, F I LE L) CF Th- 2009 0 If', T I L.. Pr I : 55 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff/Petitioner 2010) "1?1 Psi 2:2 KIMBERLY ANN KELL, Plaintiff/Petitioner V. DENNIS EMERSON KELL, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 08-828 : IN DIVORCE MOTION FOR DISCOVERY CONFERENCE AND NOW, comes the Plaintiff/Petitioner, Kimberly Ann Kell, by and through her attorney, Marianne E. Rudebusch, Esquire, and hereby moves this Honorable Court to schedule a discovery conference because of Defendant/Respondent's failure to provide sufficient court ordered discovery and in support thereof, avers as follows: 1. Kimberly Ann Kell is the Plaintiff/Petitioner in the above captioned divorce action, which commenced on 2/5/08, in which Petitioner seeks, inter alia, equitable distribution of the marital assets. 2. On or about 11/5/09, Petitioner's attorney served Interrogatories and a Request for the Production of Documents on the Respondent's attorney, Katie J. Maxwell, Esquire. 3. On 12/16/09, Petitioner's attorney sent a letter to Respondent's attorney requesting a response to the Interrogatories, as well as the Request for the Production of Documents (Exhibit A). 4. To date, Respondent has not provided his Answers to Interrogatories to Petitioner's counsel, nor has he responded to the Request for the Production of Documents. WHEREFORE, Petitioner's attorney requests that a Discovery Conference be scheduled in this matter. Respectfully Submitted, &'L," i?-.`oQAJre? ?', Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: 1 'l q -?v 2 EXHIBIT A MARIANNE E. RUDEBUSCH ATTORNEY AT LAW 4711 Locust Lane Harrisburg, PA 17109 December 16, 2009 Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 RE: KELL V. KELL Dear Katie: (717) 657-0632 Fax 657-1512 On 11/5/09, I sent you Plaintiff's First Set of Interrogatories Addressed to Defendant, as well as Plaintiff's Request for Production of Documents. As of today's date, I have not received the Answers to the Interrogatories nor the documents requested. It is a statutory requirement that Interrogatories be answered within 30 days of their receipt, and this time period has elapsed. Please advise as to when I may expect the Answers, as well as the response to our Request for the Production of Documents, or if we will have to file for court intervention. Needless to say, in that event, we will be asking for sanctions as well as attorney's fees and costs. I sincerely hope that this will not be necessary. Very truly yours, *W" 6' za,?,4_ Marianne E. Rudebusch MER/kaf cc: Kimberly Kell KIMBERLY ANN KELL, Plaintiff V. DENNIS EMERSON KELL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 08-828 Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of , 2010, I, Katherine A. Frey, Secretary to Marianne E. Rudebusch, Esquire, Attorney for the Plaintiff, hereby certify that a copy of the within document has been served, by depositing a copy of the same in the United States mail, first class, postage prepaid, delivery at Harrisburg, Pennsylvania, to the following addressee: Katie J. Maxwell, Esquire 10 East High Street Carlisle, PA 17013 By. Katherine A. Frey 0 JAN 222010 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff -F1LlL?- tt 20113 J['1.N' 25 P 9 2: 3:j C V KIMBERLY ANN KELL, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. . :NO. 08-828 DENNIS EMERSON KELL, Defendant/Respondent : IN DIVORCE ORDER AND NOW, this 2 day of 2010, upon review of the attached Motion for Discovery Conference, it is hereby ORDERED that a discovery conference is scheduled for counsel on the day of 2010 at 30 o'clock 4--m. in Courtroom __ BY THE COURT: 11-1 J. Distribution: v1ZWrianne E. Rudebusch, Esq., 4711 Locust Lane, Harrisburg, PA 17109 Katie J. Maxwell, Esquire, 10 East High Street, Carlisle, PA, 17013 I £5 /71 et (,? Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff 2010 I9 Cl l i - ?y KIMBERLY ANN KELL, Plaintiff/Petitioner V. DENNIS EMERSON KELL, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 08-828 : IN DIVORCE PRAECIPE WITHDRAW TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw Plaintiffs Motion for Discovery Conference that was filed on January 21, 2010 and cancel the conference scheduled for March 15, 2010 with the Honorable J. Wesley Oler, Jr. Respectfully Submitted, Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63 522 Dated: 3-11 - (() AL'ED-p?: T ? Jennifer L. Spears, Esquire - °n f TARY Katie J. Maxwell, Esquire I.D. Nos. 87445 and 206018 MARTSON DEARDORFF WILLIAMS & OTTO CL+°, Ten East High Street 1 Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant KIMBERLY ANN KELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-828 CIVIL ACTION - LAW DENNIS EMERSON KELL, Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under §3301(c) of the Divorce Code was filed on February 5, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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.§4904 relating to unsworn talsiticationto authorities. ?Q Date: '? Dennis Emerson Kell, Defendant Jennifer L. Spears, Esquire Katie J. Maxwell, Esquire I.D. Nos. 87445 and 206018 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant KIMBERLY ANN KELL, Plaintiff PENNSYLVANIA V. DENNIS EMERSON KELL, Defendant 2tE '`. '7 10N I4 `?f?' a` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 2008-828 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(4) 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. I verify that the statment made in this waiver 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. Dater t0 - o ?n 1( Dennis Emerson Kell, Defendant KIMBERLY ANN KELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-828 DENNIS EMERSON KELL, : CIVIL ACTION -LAW Defendant : IN DIVORCE `-. .ST AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 5, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. 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.A. Section 4904 relating to unsworn falsification to authorities. ?5 /c? Date: KIMBERLY ANN KELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA n V. NO. 2008-828, DENNIS EMERSON KELL, : CIVIL ACTION -LAW Defendant : IN DIVORCE' WAIVER OF NOTICE OF INTENTION TO REQUEST ENTR? r.: OF A DIVORCE DECREE UNDER §3301(c) 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. 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. §4904, relating to unsworn falsification to authorities. Date: I (C) berly F T1LESVC1iemsV13553 KellA13553. I. msa/tde Revised February 25, 2010 (11.13am) Jennifer L. Spears, Esquire Katie J. Maxwell, Esquire I.D. Nos. 87445 and 206018 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant KIMBERLY ANN KELL, Plaintiff V. DENNIS EMERSON KELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-828 CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT ? THIS MARITAL SETTLEMENT AGREEMENT, made this 1t7 l day of ?W-k , 2010, by and between DENNIS KELL of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "Husband") and KIMBERLY KELL of Newville, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on July 1, 1991, in Winchester, Virginia; WHEREAS, two children have been born of the marriage of the parties: Nicole Ann Kell born March 7, 1994 and Lauren Rose Kell born March 11, 1995; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary 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. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania on February 5, 2008, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this 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. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or 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 a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all 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 arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Katie J. Maxwell, Esquire, counsel for Husband and Marianne E. Rudebusch, Esquire, counsel for Wife. 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 advice 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. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Husband shall retain a tractor, air compressor, power washer and generator. Wife will retain the remaining items at the marital residence. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF REAL PROPERTY: At the time of the refinance, Husband will execute a deed conveying all of his interest in, right and title to the parties' marital residence at 392 Crossroad School Road, Newville, Pennsylvania to Wife. From the date of the deed, Wife will be the sole owner of the property. Wife shall remain solely responsible for any and all mortgage payments, taxes, utilities, insurance premiums, or other liabilities relating to said property. Wife will refinance the mortgage on the marital residence at 392 Crossroad School Road and pay to Husband $20,000.00 within sixty (60) days of the date of this Agreement. 13. BANK ACCOUNTS AND CERTIFICATES OF DEPOSIT: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts and certificates of deposit and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts and certificates of deposit. 14. LIFE INSURANCE: Husband will irrevocably name the parties' children, Nicole and Lauren, as sole beneficiaries on his life insurance policy through UPS until Lauren is 24 years old. In the event that Husband dies before Lauren turns 24 years old, the proceeds of his life insurance policy will be placed in a trust for the benefit of the children with Wife as the sole trustee. 15. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. Wife will retain the 2002 van and Husband will retain the 2002 Ford F-250, neither of which have loans against them. Husband will retain the camper, a 2007 Sierra 5" Wheel, and will refinance the loan on it and remove Wife's name from liability within sixty (60) days of this Agreement. 16. AFTER-ACQUIRED 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. 17. INCOME TAX: Husband and Wife agree to file a joint tax return for the tax year 2009, and the first $2000 of any refund received for 2009 will be used to purchase a vehicle for their daughter, Nicole; any remaining amount from the refund shall go to Wife.. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. Wife will be entitled to claim both children on her tax returns until the tax year Husband begins providing health insurance for either child, at which time he will begin claiming Lauren. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the `'Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. ALIMONY: The current spousal support order of $410.00 per month shall be converted to alimony and will terminate on June 30, 2013. Such payments shall sooner terminate upon the first to occur of the following: (a) Wife's death; (b) Wife's remarriage; (c) Wife's cohabitation; or (d) Husband's death provided he has complied with the insurance provisions of this Agreement. 20. CHILD SUPPORT: Wife intends on keeping her job with Shippensburg University as long as necessary for the children to receive their tuition waiver offered by the University. Husband will pay child support to Wife in the amount of $1,096.00 per month until Lauren graduates from college, so long as the children are attending college and enrolled as full time students. Child support will terminate by May 30, 2017, at the latest, and earlier if the children are not full time college students. The parties are aware of the Pennsylvania rules on child support, but have agreed to waive those rules in favor of the terms of this Agreement. 21. CUSTODY: Wife will retain primary physical custody, with Husband having liberal periods of visitation and/or partial custody. The parties will share legal custody as it is defined under Pennsylvania law. 22. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Upon his retirement, Husband will withdraw $50,000.00 of his Teamster's Pension and give it to Wife. Currently, Husband believes he is eligible to collect this pension at age 57 and that he can withdraw a lump sum. If a Qualified Domestic Relations Order is necessary, counsel for Husband shall draft same. All other retirement of the parties shall remain the property of the party in whose name it is held and each party waives any and all right in the retirement of the other except as otherwise provided herein. 23. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. Each party will be solely responsible for any debt in their individual names. 24. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. Wife will continue to provide health insurance for the children until December 31, 2013. "Thereafter, Husband will provide health insurance for the children for four years after they graduate from high school, provided they are full time students enrolled in college. 25. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 26. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 27. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable • to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 28. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 29. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 31. VOID CLAUSES: 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. 32. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 33. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 34. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 35. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 36. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and WITNE L ( (SEAL) DENNIS EMERSON KELL bA(SEAL) MBE&L/Y ANN KELL COMMONWEALTH OF PENNSYLVANIA 4? : SS COUNTY OF lw4i On this, '? A day of _, 2010 before me a Notary Public, personally appeared Dennis E. Kell known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand official seal. Notary Public ,AIQN!! A M IN PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County M? commission expires December 20, 2010 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF0-.j4,njNcj On this, the ? t-I 11 day of.Mar-cL , 2010 before me, a Notary Public, personally appeared Kimberly A. Kell known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. Notary Pub is ..UwianUlY?ri rlt,I t1 Or NENNSYLVANIA NOTARIAL SEAL - - MICNELLE POWERS, Notary Public Frankli May Cof 'AW ,s Oct 5020 0 0 Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff )TA Y 200 APR AN 11: KIMBERLY ANN KELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-828 DENNIS EMERSON KELL, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service: FebruarX 8, 2008. 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, 3/25/10 ; by Defendant, 3/9/10 . (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Date of filing and service of the affidavit upon the respondent: N/A. 4. Related claims pending: All claims were resolved by agreement of the parties as per the Marriage Settlement Agreement executed by the parties on March 17, 2010. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 3/30/10 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 3/17/10 By: Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Attorney for Plaintiff Dated: q`t-e -to I IN THE COURT OF COMMON PLEAS OF KIMBERLY ANN KELL CUMBERLAND COUNTY, PENNSYLVANIA V. DENNIS EMERSON KELL NO 2008-828 DIVORCE DECREE AND NOW, ` o 10, it is ordered and decreed that KIMBERLY ANN KELL plaintiff, and DENNIS EMERSON KELL , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The attached Marriage Settlement Agreement dated March 17, 2010, is hereby incorporated but not merged with this Decree in Divorce. 4 Rv tho r-m irF *ly. 10 CsA• co?? rma; X-8 Ao ti fv c;s ke.d Alo