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Home My WebLink About02-1920JULIE KENNEDY, Plaintiff, Vo KORY C. KENNEDY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 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. Your 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Dauphin County Courthouse, Front & Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 JULIE KENNEDY, : Plaintiff, : V. : KORY C. KENNEDY, : : Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /9,,20 CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE COUNT I 1. Plaintiff is Julie Kennedy, who currently resides at Personal & Confidential, 3216 Trindle Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Kory C. Kennedy, who currently resides at 1292 Summit View Court, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiffhas been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiffand Defendant were married on October 14, 2000 in Camp Hill, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. Neither Party is a member of the Armed Forces of the United States or any of its 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301 of the Divorce Code. COUNT II-EQUITABLE DISTRIBUTION 9. The Plaintiffincoq~orates by reference Paragraphs 1 through 8 of the Complaint for Divorce as fully set forth herein. 10. During the marriage, Plaintiffand Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Pennsylvania Divorce Code of 1980, as will be fully set forth in the Plaintiffs Inventory and Appraisement to be filed pursuant to the Pennsylvania Rules of Civil Procedure. 1 I. Plaintiffand Defendant have been unable to agree as to an equitable division of marital property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. Date: Respectfully submitted, ROBIN~ & GERALDO BY:G~n,~ Attorney I.D. #27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff VERIFICATION I verify that the statements 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. Section 4904, relating to unsworn falsification to authorities. edy ~ ~ JULIE KENNEDY, Vo KORY C. KENNEDY, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 18th day of April, 2002, I caused a true and correct copy of the Order to be served upon the following individual by certified mail/restricted delivery by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Kory C. Kennedy C/o Bill Kidds South 10000 York Road Cockeysville, MD 21030 Respectfully submitted, ROBINSON & GERALDO By: ~erald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 JUL~KENNEDY, Plaintiff, V. KORY C. KENNHDY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. n~,-iq~ a%l CIVIL ACTiON-Divorce ACCEPTANCE OF SERVICE I, Kory C. Kennedy, certify that I accepted service of the Divorce Complaint filed on or about April 19, 2002. Date c/o Bill Kidds South 10000 York Road Cockeysville, MD 21030 JULIE KENNEDY, Plaintiff, V. KORY C. KENNEDY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · No. 02-1920 - Civil TCml : CIVIL ACTION - LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, [select one by marking "x"] X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Taylor, and gives this written notice avowing his/her intention pursuant to the provisions of 54 P.S. Section 704. Date: ,,a:~. \~).~)~ of name COMMONWEALTH OF PENNSYLVANIA ) )SS. COUNTY OF DAUPHIN ) On the ~ day of ~ , _,,gt~O~ , before me, the Prothonotary or Notary Public, personally/gp~eared the above affiant known to me to be the pe~on whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. P'rotho~~tary Public Notarial Seal Darcey Jarmon, Notary_ Public Harrisburg, Dauphin county My Commission Expires Oct 4, 2004 Member, Pennsylvania Aaa°datlofl ~ Ne~/lO6 JULIE KENNEDY, Plaintiff, V. KORY C. KENNEDY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. Og-lq2o CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on April 19, 2002, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 fees or expenses if I do not claim them before a divorce is granted. Date: 5. 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. / IE /o2_ JULIE KENNEDY, Plaintiff, V. KORY C. KENNEDY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07_.- lq'To CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY 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 ifI 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 statemcnts toe',dc 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: ~/tC~lO'2.._ JULIE KENNEDY, Plaintiff, Vo KORY C. KENNEDY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE .AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301of the Divorce code was filed on April 19, 2002, on the grounds that the marriage of the parties is irretrievably broken. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are tree 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: _nnedy JULIE KENNEDY, Plaintiff, V. KORY C. KENNEDY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ; : No. ~Z-Iq2_~D : ; : CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY 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 unswom falsification to authorities. Date: ~ / l ~0/o'2_~ ',~ t ~, nedy, Plaintiff JULIE KENNEDY Plaintiff, V. KORY C. KENNEDY, Defendant. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. C) Z- ~ q 7_-D : : CIVIL ACTION--LAW IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~0~'~/~"~day of ~___, 2002, by and between Julie Kennedy, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife," and Kory C. Kennedy, of New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 14, 2000; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live separate and apart of each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests between them. NOW, THEREFORE, in consideration 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, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for each Party at all times hereafter to continue to live separate and apart from the other Party. The foregoing provisions shall not be taken as an admission on the part of either Party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The Parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them at the request of either Party. The Parties agree that the Court of Common Pleas of Cumberland County, Pennsylvania, shall retain continuing jurisdiction over the Parties and the Agreement for the purposes of enforcement of any of the provisions thereof. The Parties agree that unless otherwise specifically provided herein, if a Decree is entered divorcing the Parties, although this Agreement shall be incorporated into said Decree, this Agreement shall not merge with, but shall continue in full force and effect after such time as a Final Decree in Divorce may be entered with respect to the Parties and may be enforced in an action independent of the Divorce Decree. The Parties agree and it is the intent of each of them that even though this Agreement may be enforced either under the provisions of the Pennsylvania Divorce Code or in an action independent of the Divorce Decree in accordance with Section 3502 of the Pennsylvania Divorce Code, the provisions of this Agreement regarding the disposition of existing property rights and interests between the Parties, alimony, alimony pendente lite, counsel fees and expenses shall not be subject to modification by any Court. 3. SUBSEQUENT DIVORCE. The Parties hereby acknowledge and express their agreement that the marriage is irretrievably broken, and the Parties agree to cooperate in any necessary way to obtain a mutual consent, no-fault divorce, pursuant to Section 3301(c) of the Pennsylvania Divorce Code. 4. INTERFERENCE. Each Party shall be free from interference, authority, and contact by the other, as fully as if 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 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. 5. WIFE'S DEBTS. Wife represents and warrants to Husband that she will not contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS. Husband represents and warrants to Wife that he will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. MUTUAL REI.EASE. Subject to the provisions of this Agreement, each Party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the Parties had or now has against the other, except for any and all causes of action for divorce and except for any and all causes of action for breach of any provisions of this Agreement. 8. DISCLOSURE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the Parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the Parties and, further, that the Husband and Wife voluntarily and intelligently agree to waive any rights which they may have to receive an Inventory and Appraisement of all property owned or possessed by them, either jointly or individually, at the time of the delivery of this Agreement or of the commencement of any action of divorce. 9. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors that have been taken into consideration by the Parties. PERSONAL PROPERTY. I. The Parties have divided between themselves, to their mutual satisfaction, all items of tangible, personal property previously used by them in the marital home. Neither Party shall make any claim to any such item of tangible personal property whether said items are marital property or said items are separate personal property of either Party. b. MOTOR VEHICLES. With respect to the vehicles owned by the Parties, the 1997 Lexus 3 Series shall become the sole and exclusive property of Wife. c. EMPLOYMENT-RF.!.ATED BENEFITS. With regard to employment, each Party hereto waives any interest they may have in the other's retirement, pension or other employment-related benefits. d. CHECKING AND SAVINGS ACCOUNTS, With regard to checking and savings accounts, each Party hereto waives any interest they may have in the other's personal checking and savings accounts. MARITAL DEBTS. With respect to the debts incurred during the marriage, the Parties acknowledge that the following debts exist and have determined that they will be divided between each other. Husband shall assume responsibility for the following joint debts and hold Wife harmless as to the said designated debts: 1. AOL Platinum VISA; 2. Providian VISA; 3. Sears Master Card; 4. MBNA Platinum Plus Master Card; and 5. Heritage Valley Bank Loan. Wife shall assume responsibility for the following joint debts and hold Husband harmless as to the said designated debts: 1. National City VISA; 2. Bank of America Master Card; and 3. Capital One VISA. MARITAL RESIDENCE Wife shall relinquish all right title and interest she may have in the marital residence, to wit: 1292 Summit View Court, New Cumberland, PA 17070. Husband shall refinance the existing joint Note and Mortgage to the extent that Wife's obligation thereunder shall no longer exist. BANKRUPTCY. The parties agree that the apportionment of expenses and allocation of assets herein provided constitutes support in the event one of the parties files for bankruptcy protection and designates one of the debts listed above as a dischargeable debt. In the event one of the parties designates one of the foregoing debts in a bankruptcy petition, the other party reserves the right to 6 hold that party in contempt of Court and in violation of the instant Marriage Settlement Agreement. 12. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Each party shall be responsible for their own expenses and costs associated with this divorce and hereby waive any right they might have for alimony and alimony pendente lite against each other. 13. TAX RETURNS. The parties filed joint tax returns for 2001 and are due a refund in the amount of $1,069.00. The parties hereby agree to evenly divide said refund upon receipt. The parties shall file separate tax returns for Year 2002. 14. WAIVER OF CLAIMS AGAINST ESTATE. 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 may now or hereafter acquire, under the present or 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, widows allowance, right to take property under equitable distribution, right to take in intestacy, right to take against the will of the other's estate, and who 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 all such interests, rights and claims. 15. 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 advisable to him or her, and the Party breaching this Contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. 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. 17. MODIFICATION AND WAIVER. The 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 default of the same or similar nature. 18. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the Parties. 19. ~NDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the Parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 20. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. VOLUNTARY EXECUTION. Husband and Wife acknowledge and represent that the provisions of this Agreement are fully understood by both Parties and each Party acknowledges that this Agreemen[ is in all respects fair and equitable, that it is being entered into voluntarily and knowingly, and that it is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year first above written. WITNESS: ~-~-~_~-~C~v~x ~,~ ~ (SEAL) ~ ~~~(SEAL) Ko~. Kennedy .~ JULIE KENNEDY, Plaintiff, V. KORY C. KENNEDY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1920 - Civil Term CIVIL ACTION--LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: o Ground for divorce: irretrievable breakdown under section 3301 (c) of the Divorce code. Date and Manner of service of the Complaint: Certified/First Class Mail on or about April 19, 2002. Date of execution of the affidavit required by section 3301(c) of the Divorce Code: by Plaintiffon July 18, 2002 and by Defendant on July 18, 2002. Related claims pending. The economic claims have been settled by agreement. Date the Plaintiffs waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: is July 18, 2002. Date the Defendant's Waiver of Notice in section 3301(c) of the Divorce was filed with the Prothonotary: July 18, 2002. Respectfully submitted, ROBINSON & GERALDO Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North From Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Julie Kennedy Plaintiff VERSUS Kory C. Kennedy Defendant PENNA. N O. 02-1920 DECREE IN DIVORCE DeCrEED THAT Julie Kennedy AND Kory C. Kennedy ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 2~O2, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; BY THE COURT: I --