Kelly v. Kelly

TAMILIA, J.:

¶ 1 Donna Kelly appeals from the January 26, 2005 Order sustaining appellee/ex-husband’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 action, appellant alleges that the parties’ had entered into an agreement pursuant to which appellee agreed to provide appellant with half of his…