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KAREN S. KELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. q5- //36'
CIVIL ACTION - EQUITY
CRAIG A. KELLY,
Defendant
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 action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with a court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
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
FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
One Courthouse Square
carlisle, Pennsylvania 17013-3387
(717) 240-6285
SNELBA~R & BRENNEMAN, P. C.
By: l1ti1/4;1(1111111-
Attorneys for Plaintiffs
LAW O"'ICU
SNELDAKER
..
BRENNEMAN
LAW Of'ICU
SNELUAKER
.
BRENNEMAN
KAREN S. KELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. CIS - / /.3;?
CIVIL ACTION - EQUITY
CRAIG A. KELLY,
Defendant
COMPLAINT
Plaintiff, by he~ attorneys, Snelbaker & Brenneman, P. C.,
files this Complaint and in support thereof states the following:
1. Karen S. Kelly is an adult individual residing at 628
Overlook Drive, Etters, York County, Pennsylvania, 17319.
2. Defendant craig A. Kelly is an adult individual residing
at 3 Umberto Avenue, New Cumberland, Pennsylvania, 17070.
3. The parties hereto were married on September 29, 1984
and separated March 4, 1993. The parties hereto are not
divorced.
4. On or about September 28, 1993 Plaintiff and Defendant
entered into a Property Settlement Agreement ("Agreement") which
respected, inter alia, the equitable distribution of their
arital property. A true and correct copy of the aforementioned
Property Settlement Agreement is attached hereto and incorpornted
y reference herein as "Exhibit A".
COUNT I
5. The averments of Paragraphs 1 through 4, inclusive of
this complaint are incorporated by reference herein in their
entirety.
. 6. Pursuant to Paragraph 6.A. of the parties' Agreement,
the parties mutually agreed that the marital home situated at 628
Overlook Drive, Etters, York county, Pennsylvania shall be
transferred to Plaintiff. (Exhibit A, p.3)
7. Defendant has failed and refused to transfer his
interest in the property at 628 Overlook Drive, Etters, York
County, Pennsylvania to Plaintiff after repeated demands to do
so.
8. Defendant's failure and refusal to transfer his interest
in the marital home to Plaintiff constitutes a material breach of
the parties' agreement.
LAW OF'lcn
SNELDAKER
a
BRENNEMAN
9. Plaintiff has no adequate remedy at law.
WHEREFORE, Plaintiff requests this Court to:
A. Order Defendant to specifically perform the
Agreement by transferring his interest in the
property located at 628 Overlook Drive,
Etters, York county, Pennsylvania to
Plaintiff by special warranty deed, free of
judgments, liens or encumbrances created by
Defendant on or after September 28, 1993; and
Grant Plaintiff such other relief as this
Court deems equitable.
B.
-2-
COUNT II.
10. The averments of paragraphs 1 through 9, inclusive, of
this Complaint are incorporated by reference herein in their
entirety.
. i'
11. Paragraph 6.A. of the parties' Agreement provides in
pertinent part:
During the five (5) month periOd, should Wife not be
employed, lIusbllnd agrees to pay all bills and living
expenses associated with Wife's occupancy of the home.
ShOUld Wife obtain full-time employment during the five
(5) month period of time, Husband's obligation to pay
all bills and living expenses shall cease thirty (30)
days after Wire obtains full-time employment.
Exhibit A, p. J.
12. During the rive (5) month period beginning September
28, 1993, Plaintiff did not obtain full-time employment until
January, 1994.
13. Beginning in October, 199J, Defendant stopped
reimbursing Plaintiff for her grocery bills and expenses
relatinCJ to her occupancy of the home at 628 Overlook Drive,
Ettera.
LAW O"ICU
6NELIIAKtn
a
DRENNCMM4
14. BoglnninCJ in November, 1993, Defendant stopped paying
for the televlslon cable and telephone bills and expenses
incurred by Plaintiff relating to her occupancy of the home at
628 Overlook Drive, Etters.
-3-
15. Beginning in December, 1993 Defendant stopped paying
the charges for electricity incurred by Plaintiff relating to her
occupancy of the home at 628 overlook Drive, Etters.
16. Beginning in January, 1994, Defendant stopped paying on
the mortgage encumbering the home at 628 Overlook Drive, Etters.
17. The expenses incurred by Plaintiff as identified in
Paragraphs 12, 14, 15, and 16 above which are bills and living
expenses associated with Plaintiff's occupancy of 628 overlook
Drive, Etters were fair and reasonable.
18. Defendant's failure and refusal to pay the bills and
expenses of the nature set forth in paragraphs 13, 14, 15 and 16
above constitute a material breach of the parties' Agreement.
19. Due to Defendant's breach of the parties' Agreement as
set forth in Paragraph 18 above, Plaintiff has been caused to pay
living expenses and bills associated with her occupanc~' of 628
Overlook Drive, Etters, which were to be paid by Defendant in
accordance with the parties' Agreement.
20. Plaintiff has expended an amount in excess of $1,325.21
in payment of bills and expenses associated with her occupancy of
628 Overlook Drive, Etters which were to be paid by Defendant.
WHEREFORE, plaintiff requests this Court to enter judgment
LAW O,.'ICU
SNELDAKER
a
8RENNEMAN
-4-
in hor favor in tho amount of $1,325.21 together with interest
costs or this action.
COUNT I II
21. Tho averments of Paragraphs 1 through 20, inclusive, of
this complaint ore incorporated by reference herein in their
ent~roty.
22. Paragraph 14 of the parties' Agreement provides:
14. BREACH I If either party breaches any
provision of this Agreement, the other party shall have
tho right, at his or her election, to sue for damages
for such breach, or seek such other remedies or relief
as may be available to him or her, and the party
broaching the contract should be responsible for
paymont of legal fees and costs incurred by the other
in onforcing his or her rights under this Agreement.
23. Plaintiff has engaged the services of Keith O.
Bronnoman, Esquire of snelbaker & Brenneman, P. C. to enforce her
rights under the parties' Agreement due to Defendant's breach
thoroof as more fully set forth above.
24. Plaintiff has incurred legal fees and costs and will
continue to incur legal fees and costs in order to enforce her
rights under the parties' Agreement.
LAW urrlcU
SNnn^Ktlt
ft
U"tNtltMM~
WHEREFORE, Plaintiff requests this Court to award plaintiff
legal fees and costs and enter judgment in her favor for same
-5-
upon finding Defendant has breached any provision or provisions
of the parties' Agreement.
SNELBAKER & BRENNEMAN, P. c.
By:
Date: March 3, 1995
Ke th O.Brenneman, Esqu re
44 West Main street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Karen S. Kelly
LAW OI"I"ICEI
SNELOAKER
A
BRENNEMAN
-6-
VERIFICATION
I verify that the statements made in the foregoing complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 54904 relating
to unsworn falsification to authorities.
/ '
J1..'(/(JI ) /0/(%
Karen S. Kel
Date:
~lc.rch 2, 1995
LAW OrPlCU
SNELDAKER
a
BRENNEMAN
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 2..8- day of ..9~,$"'" Bo./,
1993, by and between CRAIG A. KELLY, hereinafter referred to as
"Husband", and KAREN S. KELLY, hereinafter referred to as "Wife"
WIT N E SSE T X:
WHEREAS, the parties were married September 29, 1984;
and
WHEREAS, the parties separated March 4, 1993; and
WHEREAS, certain differences have arisen by and between
the parties for which the parties desire to reach an agreement.
NOW, THEREFORE, in consideration of the aforementioned
recitals and the hereinafter provisions, Husband and Wife do
hereby covenant, promise and agree:
1. SEPARATION: The parties agree to live separate and
apart from one another at such places as he or she may from time
to time choose or deem fit.
, 2. 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 nor attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, nor in any
way interfere with the peaceful existence, separate and apart
from the other.
3. WIFE'S DEBTS: Wife represents and warrants to
Husband that since the date of this Agreement she has not, and in
the future she will not, contract or incur any debt or liability
for which Husband or his Estate might be responsible and shall
indemnify and save Husband harmless from any and all claims or
demands made against him by reason of debts or Obligations
incurred by her.
4. HUSBAND'S DEBTS: Husband represents and warrants
to Wife that since the date of this Agreement he has not, and in
the future he will not, contract or incur any debt or liability
for which Wife or her Estate might be responsible and shall
EXHIBIT A
indemnify and save wife harmless from any and all claims or
demands made against her by reason of debts or obligations
incurred by him.
5. MUTUAL RELEAS2: subject to the provisions of this
Agreement, each party waives his or her right to alimony and any
further distribution of property inasmuch as the parties hereto
agree that this Agreement ,provides for an equitable distibution
of their marital property in accordance with the Divorce Code of
1980. 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 ever had
or now has against the other, except any or all causes of action
for breach of any provisions of this Agreement. Each party also
waives their right to request marital counseling pursuant to
Section 202 of the Divorce Code.
6. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY: The
parties have attempted to distribute their marital property in a
manner which conforms to the criteria set forth in section 401 of
the pennsylvania Divorce code, and taking into account the
following considerations: the length of teh marriage; the fact
that it is the Wife's first marriage and the Husband's first
marriage; the age, health, station, amount and sources of income,
vocational skillB, employability, estate, liabilities and needs
of each of the parties; the contribution of each party to the
education, training or increased earning power of the other
party; the opportunity of each party for future acquisitions of
capital assets and income; the sources of income of both parties,
including but not limited to medical, retirement, insurance or
other benefits; the contribution or dissipation of each party in
the acquisition, preservation, depreciation or appreciation of
the marital property, including the contribution of each spouse
as a homemaker; the value of the property set apart to each
party; the standard of living of the parties established during
the marriage; and the economic circumstances of each party at the
time the division of property is to become effective.
The division of existing marital property is not
intended by the parties to constitute in any way a sale or
exchange of assets; and the division is being effected without
the introduction of outside funds or other property not
constituting marital property. the division of property under
this Agreement shall be in full satisfaction of all marital
rights of the parties.
-2-
A. MARITAL HOKEI The parties hereto mutually agree
that the marital home situate at 628 Overlook
Drive, Etters, York county, Pennsylvania, shall be
transferred unto Wife herein. Wife shall have
sole and exclusive possession for a period of five
(5) months conditioned upon her not having any
other persons not a relative of hers living in the
residence. '
During the five (5) month period, should Wife not
be employed, Husband agrees to pay all bills and
, living expenses associated with Wife's occupancy
of the home. Should Wife obtain full-time
employment during the five (5) month period of
time, Husband's obligation to pay all bills and
living expenses shall cease thirty (30) days after
Wife obtains full-time employment.
At the point in time that Husband is no longer
required to pay all bills and living expenses,
Husband's only obligation shall be applicable
child support.
At the conclusion of five (5) months from the date
of the execution of this Agreement, should Wife
not have obtained full-time employment, or should
Wife not have received an expected inheritance,
Wife agrees with Husband to place the property on
the market with a reputable real estate agent.
After the home is sold and the normal deductions
for settlement, Husband and Wife agree that
Husband will receive five thousand ($5,000.00)
dollars from the proceeds of the sale of the
property, and the wife shall retain all other
proceeds from the sale.
B. PER80NAL PROPERTY: The parties hereto agree that
the remaining personal property accumulated during
the marriage has been or will be satisfactorily
divided between the parties. Each party agrees
that upon receipt and possession of said items of
personal property that that personal property will
become the sole and exclusive property of the
person in whose possession the property is vested.
-3-
The parties agree to release, relinquish and
discharge any and all right, title and interest in
the property in the other's possession.
7. WAIVERS OP CLAIMS AGAINST ESTATES' 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 have 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, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the
will of the other, and 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 all such interests, rights
and claims.
8. PENSION I Wife agrees to release, relinquish and
discharge any and all right, title and interest in Husband's
pension through his place of employment.
9. DEBTS I Husband and wife agree that there are four
(4) credit cards, which Husband will payoff the balances as of
the date of the signing of this Agreement, the said four (4)
credit cards to be:
A. Dauphin Deposit
B. Mastercard
C. Visa
D. CCNB Mastercard/Visa
After the signing of this Agreement, wife agrees to
retain custody and control of the Dauphin Deposit Mastercard/visa
and Husband the CCNB Mastercard/Visa and each is responsible for
any and all indebtedness incurred from the date of the signing of
this Agreement on said cards. Wife will be solely responsible
for all indebtedness from this date forward on the Dauphin
Deposit Mastercard/visa, and Husband shall be solely responsible
for all indebtedness from the date of this Agreement hereinafter
on the CCNB Mastercard/Visa.
-4-
10. CERTIFICATE OF DEPOSIT: Husband and Wife agree
that the certificate of Deposit which will mature in February of
1994, shall be cashed in and all proceeds shall be payaple to
Husband.
11. CHILD SUPPORT AND MEDICAL COVERAGE: Husband and
Wife agree that child support shall be payable according to the
laws of the Commonwealth of pennsylvania, and shall be payable
through the Domestic Relations Office of the applicable county
that has jurisdiction over Husband and Wife.
Husband agrees to provide medical insurance coverage
through his place of employment on Wife and on the children
according to law. Wife will remain on Husband's medical
insurance coverage until such time that she obtains full-time
employment, or until such time the divorce is final.
Should at any point in time Husband not have medical
insurance provided through his place of employment, then the
costs of any insurance coverage necessary to provide medical
benefits for the children shall be paid for Py Husband, and shall
be considered through the Domestic Relations Office as set forth
in this paragraph above.
..,
12. CUSTODY AND VISITATION: primary physical custody
and partial custody have been agreed upon by the parties as set
forth below:
A. Scbool Niqbts: If Husband has custody of the
children on a school night, they can be picked up
at 4:00 p.m. and should be returned home no later
than 7:30 p.m. If the children are ready for bed
(shower, snack, etc.), then they can be returned
home at 8:30 p.m. When Husband has visitation, he
shall be responsible for taking the children to
sports activities and completing homework.
B. Weekends: When Husband has custody of the
children on weekends, he can pick the children up
at 4:00 p.m. and return them by 7:30 p.m. on
Sunday or at 8:30 p.m. as described in A above.
c. sDecia1 Plans: It will be understood that Husband
and Wife may have special plans with the children
and that these situations should be agreed to by
both parties.
-5-
D. Holidavs: Holidays shall be divided between
Husband and Wife as agreed to by both parites.
E. Snmmer Vaoation: visitation shall remain the same
as described for weekends except that Husband may
have visitation for weekly periods for vacations,
etc., as agreed by the parties.
If at anytime Husband moves out of the area, his
visitation shall remain the same when he visits the children in
their home area. Husband shall have a two (2) week period of
visitation durlng the summer at his residence. Such visitation
should occur around the childrens' sports activities. Should the
childrens' sports activities decrease, Husband may have
additional visitation at his residence based upon agreement
between the parties. Visitation at Husband's residence should
occur when he is on vacation from work or the parties agree to
babysitting arrangements.
13. SUBSEOUENT DIVORCE: It is contemplated that
Husband will proceed with a no-fault complaint in divorce against
Wife in the near future. Husband and Wife each agree to sign an
affidavit of consent and an affidavit waiving counseling to be
filed in said divorce action. In the event such divorce action
is concluded, Wife shall be entitled to receive a copy of the
Decree in Divorce for the normal fee charged by the Prothonotary
and shall not be assessed any costs of the proceeding. In the
event such divorce action is concluded, the parties shall be
bound by all the terms of this Agreement, which shall not be
incorporated by reference into the Divorce Decree, but shall in
all respects survive the same and be forever binding and
conclusive upon the parties.
14. 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 the contract should be responsible for
payment of legal fees and costs incurred by the other in
enforcing his or her rights under this Agreement.
15. ADDITIONAL INSTRUMENTS: 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 that may be reasonably required to give full force
and effect to the provisions of this Agreement.
-6-
16. VOLUNTARY EXECUTION: Husband and Wife acknowledge
the provisions of this Agreement are fully understood by both
parties. Each party acknowledges that the Agreement is in all
respects fair and equitable, and it is entered into voluntarily
and knowingly, and not as the result of any duress or undue
influence.
17. ENTIRE AGREEM~: 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. 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 upon the
length of their marriage and other relevant factors which have
been taken into consideration by the parties. Both parties
hereby accept the provisions of this Agreement with respect to
the division of property in lieu of and in full and final
settlement and satisfaction of all claims and demands that they
may now have or hereafter have against the other for equitable
distribution of their property by any court of competent
jurisdiction pursuant to Section 401(d) of the Divorce Code or
any other laws. Husband and Wife each voluntarily and
intelligentlY waive and relinquish any right to seek a court
order determination and distribution of marital property, but
nothing herein contained shall constitute a waiver by either
party of any rights to seek the relief of any court for the
purpose of enforcing the provisions of this Agreement.
18. DISCLOSURE: Husband and Wife each represent and
warrant to the other that he or she has made a full and complete
disclosure to theother of all assets of any nature whatsoever in
which such party has in interest, the sources and amount of the
income of such party of every type whatsoever and of all other
facts relating to the subject matter of this Agreement.
19. 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 default of
the same or similar nature.
20. 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.
-7-
- . -
. ~ . "-_ -- ,c..,. I
____ . ~ . . ' I '.,
.
. '
21. INDEPENDENT SEPARATE COVENANTS I 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.
22. APPLICABLE LAWI This Agreement shall be construed
under the laws of the Commonwealth of pennsylvania.
23. VOID CLAUSES I 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.
24. AGREEMENT BINDING ON HEIRSI This Agreement shall
be binding and shall inure to the benefit of the parties hereto
and their respective heirs, executors, administrators, successors
and assigns.
WITNESS WHEREOF, the parties hereto have set their
sea the day and year first above written.
Fif.a.~
Craig . Kell
~m )9Sf/-'
Karen' S. ~ly rf
-8-
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. <15 - I J 3 a
KAREN S. KELLY,
Plaintiff
CRAIG A. KELLY,
Defendant
CIVIL ACTION - EQUITY
ACCEPTANCE OF SERVICE
I hereby accept service of the Complaint in the above
captioned case on behalf of Defendant craig A. Kelly. I certify
that I am authorized to do so.
Date: MAtt.t:.~ /O//Ub
~111k
Michael J. Ha~ft, Esquire
11 West Pomfret Street
Suite 2
Carlisle, PA 17013
Arrof-Ni'i II) NO. S111(.
LAW O....IC[.
SNELUAKER
a
BREIUUMAN
::R
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KAREN S. RELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
v.
NO. 95-1138 EQUITY
CRAIG A. KELLY,
Defendant
NOTICE TO PLEAD
To: Raren S. Kelly, Plaintiff,
and Reith O. Brenneman, Esquire
You are hereby notified to plead to the attached Answer with
New Matter and Counterclaim within twenty (20) days from service
hereof or,a default judgment may be entered against you.
HANFT & VOHS
M hael J. Han t, E qu re
Attorney ID No. 57976
11 West Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorneys for Defendant
Dated: April 21, 1995
, 'llOllAnIH.ULV......
KAREN S. KELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
v.
NO. 95-1138 EQUITY
CRAIG A. KELLY,
Defendant
ANSWER WITH NEW MATTER AND COUNTERCLAIM
AND NOW, this 21st day of April, 1995, comes the Defendant,
craig A. Kelly (hereinafter "Husband"), by and through his
attorneys, HANFT & VOHS, and files the following Answer with New
Matter and Counterclaim to plaintiff, Karen S. Kelly's,
(hereinafter "Wife") Complaint, and in support thereof avers as
follows:
ANSWER
1. Admitted.
2. Admitted.
3. Admitted the with clarification that on February 14,
1994, Husband filed a Complaint in Divorce against Wife in the
Court of Common Pleas of York County docketed at 94-SU-530-02D.
4. Admitted.
COUNT I
5. The responses of paragraphs 1 through 4 of this Answer
with New Matter and Counterclaim are incorporated by reference as
if fully set forth in their entirety.
Ii. 'lmnA" 1'H".U.Y ANI
6. Denied. The parties' Agreement speaks for itself. By
way of further answer, Paragraph 6A of the parties' Agreement
states in its entirety:
A. MARITAL HOME: The parties hereto mutually agree that the
marital home situate at 628 Overlook Drive, Etters, York
County, Pennsylvania, shall be transferred unto Wife herein.
Wife shall have sole and exclusive possession for a period
of five (51 months conditioned upon her not havinq anv other
persons not a relative of hers livinq in the residence.
During the five (5) month period, should Wife not be
employed, Husband agrees to pay all bills and living
expenses associated with Wife's occupancy of the home.
Should Wife obtain full-time employment during the five (5)
month period of time, Husband's obligation to pay all bills
and living expenses shall cease thirty (30) days after Wife
obtains full-time employment.
At the point in time that Husband is no longer required to
pay all bills and living expenses, Husband's only obligation
shall be applicable child support.
At the conclusion of five (5) months from the date of the
execution of this Agreement, should Wife not have obtained
full-time employment, or should Wife not have received an
expected inheritance, Wife agrees with Husband to place the
property on the market with a reputable real estate agent.
After the home is sold and the normal deductions for
settlement. Husband and Wife aqree that Husband will receive
five thousand (S5.00o.001 dollars from the proceeds of the
sale of the property, and the wife shall retain all other
proceeds from the sale.
complaint, Exhibit A, ~6A (Emphasis added).
7. Denied as stated. Husband was ready, willing, and able
to transfer his interest in the marital home upon wife performing
her condition precedent, to wit: not residing with a person not
her relative for a five (5) month period of time. Complaint,
Exhibit A, ~6A.
8. Denied. The averments contained in Paragraph 8 of
wife's Complaint are conclusions of law to which no response is
. '401ClAnlJN'UUY ANI
2
required. To the extent a response is deemed required, Husband
denies that he has breached the parties' Agreement, and Husband
incorporates his response to Paragraph 7 herein as if fully set
forth in its entirety.
9. Denied. The averments contained in Paragraph 9 of
Wife's Complaint are conclusions of law to which no response is
required. To the extent a response is deemed required, Husband
denies that Wife states a cause of action and is entitled to any
remedy. However, in the event Wife is deemed entitled to a
remedy, an adequate remedy at law exists in the Divorce Action
pending in the Court of Common Pleas of York County, Pennsylvania
at docket 94-SU-530-02D.
WHEREFORE, Defendant, Craig A. Kelly requests this Court to
enter judgment in favor of Defendant and against Plaintiff, Karen
S. Kelly.
COUNT II
10. The responses of Paragraphs J. through 9 of this Answer
with New Matter and Counterclaim are incorporated by reference as
if fully set forth in their entirety.
11. Denied. The parties' Agreement speaks for itself. By
way of further answer, Paragraph 6A of the parties' Agreement
states in its entirety:
A. MARITAL HOME: The parties hereto mutually agree that the
marital home situate at 628 Overlook Drive, Etters, York
County, Pennsylvania, shall be transferred unto Wife herein.
Wife shall have sole and exclusive possession for a period
of five (5\ months conditioned upon her not havinq any other
persons not a relative of hers livinq in the residence.
l'lm"-'nUH'AIIJ.YIJd
3
,
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During the five (5) month period, should Wife not be
employed, Husband agrees to pay all bills and living
expenses associated with Wife's occupancy of the home.
should Wife obtain full-time employment during the five (5)
month period of time, Husband's obligation to pay all bills
and living expenses shall cease thirty (30) days after Wife
obtains full-time employment.
At the point in time that Husband is no longer required to
pay all bills and living expenses, Husband's only obligation
shall be applicable child support.
At the conclusion of five (5) months from the date of the
execution of this Agreement, should Wife not have obtained
full-time employment, or should Wife not have received an
expected inheritance, Wife agrees with Husband to place the
property on the market with a reputable real estate agent.
After the home is sold and the normal deductions for
settlement. Husband and Wife agree that Husband will receive
five thousand (S5.000.001 dollars from the proceeds of the
sale of the property, and the Wife shall retain all other
proceeds from the sale.
Complaint, Exhibit A, ~6A (Emphasis added) .
12. Denied. After reasonable investigation, Husband lacks
the knowledge sufficient to form a belief as to the truth or
veracity of the averments in contained in Paragraph 12,
therefore, same is denied and strict proof is demanded at trial,
if relevant.
13. Admitted with the clarification that Wife breached the
parties' Agreement, to wit: Wife resided with other persons not
her relative during the five (5) months period.
14. Admitted with the clarification that Wife breached the
parties' Agreement, to wit: Wife resided with other persons not
her relative during the five (5) months period.
.'U1'1tl4nIlN'~UVAHI
4
15. Admitted with the clarification that Wife breached the
parties' Agreement, to wit: Wife resided with other persons not
her relative during the five (5) months period.
16. Admitted with the clarification that Wife breached the
parties' Agreement, to wit: Wife resided with other persons not
her relative during the five (5) months period.
17. Denied. After reasonable investigation, Husband lacks
the knowledge sufficient to form a belief as to the truth or
veracity of the averments in contained in Paragraph 17,
therefore, same is denied and strict proof is demanded at trial,
if relevant.
18. Denied. The averments contained in Paragraph 18 of
Wife's Complaint are conclusions of law to which no response is
required therefore same is denied. To the extent a response is
deemed appropriate, Husband denies he has breached the parties'
Agreement, and Husband incorporates his response to Paragraph 7
herein as if fully set forth in its entirety.
19. Denied. The averments contained in Paragraph 19 of
Wife's Complaint are conclusions of law to which no response is
required therefore same is denied. To the extent a response is
deemed appropriate, Husband denies he has breached the parties'
Agreement, and Husband incorporates his response to Paragraph 7
herein as if fully set forth in its entirety. In addition, after
reasonable investigation, Husband lacks any knowledge to form a
belief as to the truth or veracity to the averments in contained
r'lmu"'ntl't.kI1UANI
5
'!:
in Paragraph 19, therefore, strict proof is demand~d at trial, if
relevant.
20. Denied. The averments contained in Paragraph 20 of
Wife's Complaint are conclusions of law to which no response is
required therefore same is denied. To the extent a response is
deemed appropriate, Husband denies he has breached the parties'
Agreement, and Husband incorporates his response to Paragraph 7
herein as if fully set forth in its entirety. In addition, after
reasonable investigation, Husband lacks any knowledge to form a
belief as to the truth or veracity to the averments in contained
in Paragraph 20, therefore, strict proof is demanded at trial, if
relevant.
WHEREFORE, Defendant, craig A. Kelly requests this Court to
enter judgment in favor of Defendant and against Plaintiff, Karen
s. Kelly.
COUNT III
21. The responses of Paragraphs 1 through 20 of this Answer
with New Matter and counterclaim are incorporated by reference as
if fully set forth in their entirety.
22. Denied. The parties' Agreement speaks for itself.
23. Denied. The averments contained in Paragraph 23 of
Wife's Complaint are conclusions of law to which no response is
required therefore same is denied. To the extent a response is
deemed appropriate, Husband denies he has breached the parties'
Agreement, and Husband incorporates his response to Paragraph 7
.utmAnllN'.Q11Y~
6
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herein as if fully set forth in its entirety. In addition, after
reasonable investigation, Husband lacks any knowledge to form a
belief as to the truth or veracity to the averments in contained
in Paragraph 23, therefore, strict proof is demanded at trial, if
relevant.
24. Denied. After reasonable investigation, Husband lacks
the knowledge sufficient to form a belief as to the truth or
veracity of the averments in contained in Paragraph 24,
therefore, strict proof is demanded at trial, if relevant.
WHEREFORE, Defendant, Craig A. Kelly requests this Court to
enter judgment in favor of Defendant and against Plaintiff, Karen
S. Kelly.
NEW MATTER
25. The responses of Paragraphs 1 through 24 of this Answer
with New Matter and Counterclaim are incorporated by reference as
if fully set forth in their entirety.
26. A full, complete, and adequate remedy at law exists.
27. Wife has failed to exercise or exhaust the available
statutory remedy.
28. The Divorce Master of York county has jurisdiction
concerning all of the matters complained of in Wife's Complaint.
29. This Court lacks subject matter jurisdiction.
30. Wife resided with a person not her relative during the
five (5) month period of time, from September 28, 1993 to
February 28, 1994.
111fll1An11H1UUIJoi'
7
31. The condition contained in Paragraph 6A of the parties'
Agreement regarding Wife not residing with a person not her
relative for five (5) months was a condition precedent to Husband
transferring the marital home to Wife.
32. Due to Wife's material breach of the parties' Agreement,
Husband is under no obligation to transfer the marital home to
Wife.
33. Paragraph 6A of the parties' Agreement is null and
void, due to Wife's material breach of the parties' Agreement.
34. Wife has delayed enforcing any rights she may have had
pursuant to the parties' Agreement for a period of time that
creates prejudice to Husband, thus Wife's claim is barred by
laches.
35. Wife's material breach of the parties' Agreement results
in the failure of the consideration contained in Paragraph 6A of
the parties' Agreement.
36. Paragraph 6A of the parties' Agreement includes a
provision for placing the marital property for sale provided Wife
does not receive an expected inheritance.
37. Wife's Complaint fails to allege whether Wife received
the expected inheritance and thus Husband is unable to determine
whether Wife has further breached the parties' Agreement.
WHEREFORE, Defendant, Craig A. Kelly requests this Court to
enter judgment in favor of Defendant and against Plaintiff, Karen
S. Kelly.
l'Uf1(1Anllh'.MJ1'l'AHI
8
COUNTERCLAIM
38. The averments contained in paragraphs 1 through 37 of
this Answer with New Matter and Counterclaim are incorporated by
reference as if fully set forth in their entirety.
39. Wife resided with a person not her relative during the
five (5) month period of time, from September 28, 1993 until
February 28, 1994.
40. Wife continues to reside with a person not her
relative.
41. Wife's cohabitation with a man not her spouse during
the five (5) month period, and continuing constitutes a material
breach of the parties' Agreement.
42. Husband paid several expenses on behalf of Wife during
the five (5) month period prior to Husband obtaining knowledge of
Wife's material breach of the parties' Agreement.
43. The expenses Husband paid on behalf of Wife total TWO
THOUSAND NINE HUNDRED FORTY-FOUR 35/100 ($2,944.35) DOLLARS, for
which Husband seeks reimbursement due to Wife's material breach
of the parties' Agreement. An itemized list of the expenses
paid, the dates paid, the check numbers, and the amounts is
attached hereto as Exhibit "A" and incorporated by reference.
44. Since Wife was in violation of the parties' Agreement,
Husband is entitled to be reimbursed for the monies paid on
behalf of Wife.
. nnIlAnllN'U1U' AHI
9
45. Husband has engaged the services of Hanft & Vohs,
attorneys at law, to enforce his rights under the parties'
Agreement and defend this action.
46. Husband has incurred legal fees and costs and will
continue to incur legal fees and costs in order to enforce his
rights under the parties' Agreement.
47. Pursuant to Paragraph 14 of the parties' Agreement,
Husband is entitled to recover his legal fees from Wife.
WHEREFORE, Defendant, Craig A. Kelly requests this Court to
enter judgment in favor of Defendant and against Plaintiff, Karen
S. Kelly in the amount of TWO THOUSAND NINE HUNDRED FORTY-FOUR
35/100 ($2,944.35) DOLLARS, and award Defendant legal fees and
costs upon a finding that Plaintiff has breached the parties'
Agreement.
Respectfully submitted,
HANFT & VOHS
M chael J. Han
Attorney 10 No.
11 West Pomfret Street, suite 2
carlisle, PA 17013
(717) 249-5373
Attorneys for Defendant
tunc~nuN',1nl"""'1
10
CERTIFICATE OF SERVICE
AND NOW, this 21st day of April, 1995, I, William c. Vohs,
Esquire, hereby certify that I have this day served the following
person with a copy of the foregoing Answer with New Matter and
Counterclaim, by depositing same in the United states Mail, First
Class, Postage Prepaid, addressed as follows:
Keith O. Brenneman, Esquire
SNELBAKER & BRENNEMAN, P.C.
44 West Main Street
Mechanicsburg, PA 17055
HANFT & VOHS
I t\JJ-,
By
W11l am c. Vohs, Esqu re
Attorney ID No. 65208
11 West Pomfret Street, suite 2
Carlisle, PA 17013
(717) 249-5373
IlllOll.\nIH-'i,UJ.V"".
11
VERIFICATION
I verify that the statements made in the foregoing
document 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.
~6.~
UTI~lTI~S AND MORTGAGES PAID FOR 628 OV RLOOK DRIVE, ETTERS
I
1
November 1993
Ck, 106 Nov. 2, 1993 Shel1~Y'B Wa er Co. $27.30
Ck' 106 Nov. 2, 1993 TCI o'f Pa, I c. $22.55
Ck. 109 6, 1993 I $763.66
Nov. Illt.egra
,
Ckl 113 Nov. 26, 1993 e,L.K;. r. P. $150.97
-------
TOTAL $1,000.44
October 1993
Ck' 96 Oct. 10, 1993 Integ'ra $783.66
Ck' 98 Oct. 22, 1993 GOldsboro Au hority $66.50
Ck. 100 Oct. 22, 1993 Golds~oro eo ough $110.20
,
Ck' 101 Oct. 22, 1993 CTCO ' $20.39
------..
TOTAL $1,000.95
December 1993
Ckt 120 Dec. 9, 1993 Integ:ra $783.66
,
Ck' 127 Dec. 21, 1993 E.L.H'. & P. $159.10
------ -
TOTAL $942.96
TOTAL I
October
November
December
$l,OOO.95
$1,000.44
$942.96
---------
$2,944.35
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KAREN S. KELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-1138 EQUITY
CIVIL ACTION - EQUITY
CRAIG A. KELLY,
Defendant
PLAINTIFF'S REPLY TO NEW MATTER AND COUNTERCLAIM
Plaintiff, by her attorneys, Snelbaker & Brenneman, P. C.
files this Reply to Defendant's New Matter and counterclaim as
follows:
REPLY TO NEW MATTER
25. Paragraph 25 of Defendant's New Matter should be
stricken as improperly requiring a reply to an Answer. To the
extent a reply is necessary, Plaintiff incorporates by reference
herein Complaint paragraphs 1 through 24, inclusive.
26. Paragraph 26 contains an unwarranted conclusion of law
to which no response is required by this party; therefore, same
is deemed to be denied pursuant to Pa.R.C.P. 1029(d). To the
extent a reply is necessary, it is denied that Plaintiff has a
full, complete and adequate remedy at law.
27. Paragraph 27 contains an unwarranted conclusion of law
to which no response is required by this party; therefore, same
LAW O"ICU
SNELDAKER
a
BRENNEMAN
is deemed to be denied pursuant to Pa.R.C.P. 1029(d). To the
. . .....---...... .-...----
. ,.."......... . 4........--.::....._~ __ - .-----:-----., . ....
extent a reply is necessary, it is denied that the exhaustion or
exercise of statutory remedies, if available or relevant, is a
prerequisite necessary to Plaintiff bringing this action.
I:
,
I
I
I
I
I'
, '
. ,
28. Paragraph 28 contains an unwarranted conclusion of law
to which no response is required by this party; therefore, same
is deemed to be denied pursuant to Pa.R.C.P. 1029(d). To the
extent a reply is necessary, it is denied that the Divorce Master
of York County has jurisdiction concerning all matters complained
of in Plaintiff's Complaint.
29. Paragraph 29 contains an unwarranted conclusion of law
to which no response is required by this party; therefore, same
is deemed to be denied pursuant to Pa.R.C.P. 1029(d). To the
extent a reply is necessary, it is denied that this Court lacks
subject matter jurisdiction.
30. Denied. It is denied that Plaintiff resided with a
person not her relative during the five (5) month period of time,
from September 28, 1993 to February 28, 1994. To the contrary, a
person not Plaintiff's relative did reside with her starting in
the beginning of January, 1994 after Defendant had breached the
parties' Agreement by failing to pay Plaintiff's grocery bills,
television cable bills, telephone bills and electric bills.
31. Paragraph 31 contains unwarranted conclusions of law
~w O'"CU
SNELDAKER -2-
a
BRENNEMAN
I
I
;
!'
,
to which no response is required by this party; therefore, same
is deemed to be denied pursuant to Pa.R.C.P. 1029(d). To the
extent a reply is necessary, it is denied that there were any
conditions precedent expressed in the Agreement respecting
Defendant's transfer of his interest in the marital home.
\
32. paragraph 32 contains unwarranted conclusions of law to
which no response is required by this party; therefore, same is
deemed to be denied pursuant to Pa.R.C.P. l029(d). To the extent
a reply is necessary, it is denied that Plaintiff breached the
parties' Agreement or that Defendant is under no obligation to
transfer the marital home to Plaintiff.
33. Paragraph 33 contains unwarranted conclusions of law to
which no response is required by this party; therefore, same is
deemed to be denied pursuant to Pa.R.C.P. l029(d). To the extent
a reply is necessary, it is denied that paragraph 6A of the
parties' Agreement is null and void. It is further denied that
Plaintiff materially breached the parties' Agreement.
34. Paragraph 34 contains unwarranted conclusions of law
to which no response is required by this party; therefore, same
is deemed to be denied pursuant to Pa.R.C.P. l029(d). To the
extent a reply is necessary, it is denied that Plaintiff has
delayed enforcement of her rights under the Agreement, that
LAW O"ICU
SNELDAkER
A
BRENNEMAN
-3-
Defendant is in any way prejudiced or that Plaintiff's claim is
barred by laches.
35. Paragraph 35 contains unwarranted conclusions of law to
which no response is required by this party; therefore, same is
deemed to be denied pursuant to Pa.R.C.P. 1029(d). To the
extent a reply is necessary, it is denied that Plaintiff
materially breached the parties' Agreement or that there was a
failure of any consideration contained in Paragraph 6A of the
Agreement.
36. Denied. Paragraph 6A of the parties' Agreement, being
in writing, speaks for itself. To the extent Defendant limits,
improperly summarizes and/or takes out of context any portion of
Paragraph 6A of the Agreement, Paragraph 36 of Defendant's New
Matter is denied.
37. Admitted in part; denied in part. It is admitted,
although irrelevant to this action, that the Complaint does not
allege that Plaintiff did or did not receive any inheritance.
The remaining averments of Paragraph 37, which concern what
Defendant alleges he is unable to determine, constitute neither
aterial facts nor affirmative defenses and should be stricken as
being impertinent and improper pleading.
-4-
LAW ol"'1cn
SNELBAKER
a
BRENNEMAN
. . .
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WHEREFORE, Plaintiff requests this Court to strike
Defendant's Answer with New Matter and enter judgment in her
favor in accordance with the demands made in the Complaint.
REPLY TO COUNTERCLAIM
38. The averments of Plaintiff's Complaint and Reply to New
Matter are incorporated by reference herein in their entirety.
39. Denied. It is denied that Plaintiff resided with a
person not her relative during the five (5) month period of time,
from September 28, 1993 until February 28, 1994. To the
contrary, a person not related to Plaintiff did reside with her
commencing in the beginning of January, 1994 after Defendant
stopped paying all Plaintiff's household expenses as required
under the parties' Agreement. Defendant's obligation to pay
expenses was not conditioned upon Plaintiff's sole and exclusive
possession of the residence; rather her sole and exclusive
possession was conditioned upon her not having other persons, not
her relatives living in the residence.
40. Admitted to the extent relevant.
41. Denied. Paragraph 4l contains an unwarranted
conclusion of law to which no response is required by this
party; therefore, same is deemed to be denied pursuant to
LAW Ol"I"ICU
SNELDAKEn
a
BRENNEMAN
Pa.R.C.P. 1029(d). The averments of Paragraph 39 of this Reply
-5-
to Counterclaim are incorporated in this paragraph by way of
further reply.
42. Admitted in part; denied in part. It is admitted that
Defendant paid some, but not all, required expenses, on behalf of
Plaintiff. It ;is denied that Defendant paid all required
expenses during the five (5) month period. It is further denied
that Plaintiff materially breached the parties' Agreement.
43. Admitted in part; denied in part. Although it is
admitted that Defendant may have paid the expenses listed on
Exhibit A to the Counterclaim, it is denied, to the extent it is
implied, that Defendant paid all expenses due and owing pursuant
to the terms of the parties' Agreement. It is further denied
that Plaintiff materially breached the Agreement and that
Defendant is entitled to any reimbursement whatsoever due to
Defendant's unclean hands and his own breach of the Agreement as
set forth in Plaintiff's Complaint. By way of further reply,
Defendant's obligation to pay expenses was not conditioned upon
Plaintiff's sole and exclusive possession of the marital home.
44. Denied. It is denied that Plaintiff is or was in
violation of the Agreement and that Defendant is entitled to be
reimbursed for any monies paid on behalf of Plaintiff.
45.
Admitted upon information and belief.
LAW O""cu
SNELDAKER
6
BRENNEMAN
-6-
46. Denied. After reasonable investigation, this party is
without sufficient information to form a belief as to the truth
of the averments set forth in Paragraph 46; therefore, same are
denied and strict proof thereof demanded.
47. Paragraph 47 contains unwarranted conclusions of law to
which no response is required by this party pursuant to Pa.R.C.P.
1029(d)j therefore, same is deemed to be denied.
WHEREFORE, Plaintiff requests this Court to strike
Defendant's Answer with New Matter, enter judgment in favor of
Plaintiff on Defendant's counterclaim and enter jUdgment in her
favor in accordance with the demands made in the complaint.
By:
S~~KER & BRENNEMAN, P. c.
J{tlttl!t{tU1tlttZ.
Keith O.Brenneman, Esquire
44 West Main street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Karen S. Kelly
Date: May l7, 1995
LAW OI"lcn
SNELDA.KEn
.
BR.NN....AN
-7-
t ~ . ,. . . . ,,' _. .... '. .
VERIFICATION
I verify that the statements made in the foregoing Reply to
New Matter and counterclaim. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. 54904
relating to unsworn falsification to authorities.
14)/ I/) vi KILIt)
Karen S. Kelly
Date:
May l7, 1995
LAW o"lces
SNELDAKER
.
BRENNEMAN
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
foregoing Reply to New Matter and counterclaim to be served upon
the person and in the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Michael J. Hanft, Esquire
11 West Pomfret Street
suite 2
Carlisle, PA 17013
rat( (ftttttt {(I<.
Ke~th O. Brenneman, Esquire
SNELBAKER & BRENNEMAN, P. C.
44 West Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for plaintiff
Date: May 17, 1995
LAW O"ICU
SNELDAKER
6
BRENNEMAN
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1138 EQUITY
CIVIL ACTION - EQUITY
KAREN S. KELLY,
Plaintiff
CRAIG A. KELLY,
Defendant
NOTICE OF DEPOSITION
TO: Michael J. Hanft, Esquire
PLEASE TAKE NOTICE that on Friday, May 19, 1995 commencing
at 1:00 P.M. and continuing from day to day as necessary, before
an individual authorized to administer oaths, Plaintiff in the
above action will take the deposition of craig A. Kelly pursuant
to Pa.R.C.P. 4007.1, upon examination at the law offic~s of
Snelbaker & Brenneman, P. C., 44 West Main street, Mechanicsburg,
Pennsylvania, for the purpose of discovery and/or use at trial in
the above action.
By:
SNELBAKER & BRENNEMAN, P. C.
vi 4:6
4, 'tt ( /4. t(I(/1t \
Kefth O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Karen S. Kelly
Date: May 10, 1995
LAw O"ICU
SNELDAt(ER
.
enENNEMAN
I
I.
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
foregoing Notice of Deposition to be served upon the person and
in the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Michael J. Hanft, Esquire
11 West Pomfret Street
suite 2
Carlisle, PA 17013
1~.4tt(tt~#,
Keith O. Brenneman, Esquire
SNELBAKER & BRENNEMAN, P. C.
44 West Main street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Date: May 10, 1995
LAW O"ICtB
SNELDAKER
a
BRENNEMAN
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
for JURY lrlal at the next term of civil court.
x
for trial without a jury.
............................................................................................................................................................................
CAPTION OF CASE
(entire caption must be statod In lull)
(chock ono)
Assumpsit
Trespass
(Plaintiff)
Trespass (Motor Vehicle)
( X) SJvil_Aj::.tiQll.":,_f.quiW. _..____._
(other)
KAREN S. KELLY,
vs.
The Irlalllst will be called on
and ________..____
---.'
CRAIG A. KELLY,
Trials commel1ce on ...__._______.____...
(Defendant)
Pretrials wltl be held 011..._._____._
(Briefs are due 5 days before prelrlals.)
(The party listing this case for Irlal shall provide
forthwith a copy of the praecipe to alt counsel.
pursuant to local Rule 214.1.)
vs.
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No. ~~:::!!~_? Clvlt - _A~t!on. ~iY .. 19
Indicate the attorney who will try case for the party who fltes Ihls praoclpe:
__._ Kt:!.th O. Bre~~,Esquir:e
Indicate trial counsel for other parties If known: u. ~:illirun C. Vohs, Esquire or
Michael J. Hanft, Esquire
This case 15 ready for trial.
Signed: .
..~~~~.
Print Namo: Keith O. Brenneman
Dato: Nay 24, 1995
Attornoy lor:
Plaintiff
KAREN S. KELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1138 EQUITY
v.
CRAIG A. KELLY,
Defendant
CIVIL ACTION - EQUITY
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned counterclaim settled and
discontinued with prejudice on your docket and indices.
By
HANFT & VOHs
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Wiliiam C. Vohs, Esquire
Attorney ID #65208
11 W. Pomfret street, suite 2
Carlisle, PA 17013
(717) 249-5373
Attorney for Defendant
Dated: June 23, 1995
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-1138 EQUITY
CIVIL ACTION - EQUITY
KAREN S. KELLY,
Plaintiff
CRAIG A. KELLY,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above captioned action settled and
discontinued with prejudice on your docket and indices.
SNELBAKER & BRENNEMAN, P. C.
By:
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Klltl (i? 'i.'u;re#a-
Keith o.Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Karen S. Kelly
Date:
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LAW O"IC&1S
SNELDAKEn
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BRENNEMAN
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KAREN S. KELLY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - EQUITY
CRAIG A. KELLY,
Dcfcndant
: 95.1138 EQUITY TERM
IN RE: PRE-TRIAL CONFERENCE
ORDER
AND NOW, Junc 20, 1995" a prc-trial confcrcnce in thc abovc captioncd mallcr is sct
for Monday, July 24, 1995, at 4:00 p.m. in Chambcrs of thc undcrsigncd.
BY THE COURT,
. AIL
Kcith O. Brcnncman, E quirc ~...,-
For thc Plaintiff . 1~'1"14( 11
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William C. Vohs, Esquir "
For thc Dcfcndant
Court Administrator
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