KELLY v. KELLY


887 A.2d 788 (2005)

Donna KELLY, Appellant v. Carl KELLY, Appellee.

Superior Court of Pennsylvania.

Filed November 22, 2005.


Attorney(s) appearing for the Case

Thomas M. Dickey, Altoona, for appellant.

Richard A. Consiglio, Hollidaysburg, for appellee.

Before: KLEIN, McCAFFERY and TAMILIA, JJ.


TAMILIA, J.:

¶ 1 Donna Kelly appeals from the January 26, 2005 Order sustaining appellee/exhusband's preliminary objections in the nature of a demurrer and dismissing her complaint in assumpsit with prejudice.

¶ 2 The parties were divorced by Decree dated September 8, 1999. According to the trial court, litigation has continued since and centers upon appellant's claim to a share of appellee's railroad retirement "Tier 2" benefits. In the instant...

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