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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ;)7 day of -LJ~ _,1999, by and between
Carter H, Harrison, hereinafter referred to as "Husband", and Guo Harrison, hereinafter referred
WITNESSETH:
to as "Wife",
WHEREAS. Husband and Wife were lawfully married on December 15, 1992; and
WHEREAS. no children were born of this marriage; and
WHEREAS, certain differences have arisen between the parties as a result of which
they separated on December 8, 1996 and now live separate and apart from one another, and
are desirous, therefore. of entering into an Agreement which will distribute their marital
property in a manner which is considered to be an equitable division of all joint property, and
will provide for the mutual responsibilities and rights growing out of the marriage
relationship; and
WHEREAS, there has been a complete disclosure of the earnings and property of
each party, and each understands his/her rights under the Divorce Code of the
Commonwealth of Pennsylvania; and
WHEREAS, the parties hereto, after being properly advised by their respective
counsel, Husband by his attorney, and Wife by her attorney, Jolm W. Purcell, Jr. have come
to the agreement, which follows:
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Separation and Property Settlement Agreement betwoon Quo Harrison ond Cortor H, Horrison
NOW. THEREFORE, in consideration of the above recitals and the
covenants and pro miser. mutually mado aud mutually to be kept, the parties heretofore,
intending to be legally bound, covenant, pllJmwa and agrea as follows:
1. Separation. It shall be lawful for each party at all times hereafter to live separate
and apart from the other party at such place that he or she may from time to time choose or
deem lito The foregoing provision shall not be taken as an admission on the part of either
party of the lawfulness of the causes leading to their living apart,
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 Agreemento 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
harass or malign the other, nor in any way interfere with the peaceful existence, separate and
apart from the other.
30 Wife's Debtso Wife represents and warrants to Husband that since the separation
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,
40 Husband's Debts. Husband represents and warrants to Wife that since the
separation 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 indemnify and save Wife harmless
from any and all claims or demands made against her by reason of debts or obligations
incurred by himo
5, Outstandinl] Joint Debts. The parties acknowledge and agree that they have no
outstanding debts and obligations incurred prior to the signing of this Agreement, except as
follows:
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Separation and Property Settlement Agreement betweon Quo Harrison and Cartor Ho Harrison
1'al103
(A) First mongage to Mellon Mongage Corporation, in the principal amount of
$91,163051 as of the date of separation and approxo $B1,000.00 as of the data of the execution
of this agroement,
Tho abovo dobt shall bo solely assuIllod by the Husband through a refinancing of the
marital home pursuant to Paragraph 6B horoundor.
(n tho event that either party contracted or incurred any debts sinco tho data of
separation, the pany who incurrod said debt shall be responsible for the payment thereof,
regardloss of the name in which tho account may have boon churned, and such pany shall
indenmify, defend and hold the other pany hamlless from any claim or demand made against
that pany by reason of such debto
6, Equitable Distribution of Marital Property. The panies have attempted to
distribute their marital propeny in a manner which conforms to the criteria set fonh in 93501
et, seqo of the Pennsylvania Divorce Code and taking into account the following
considerations: the length of marriage; the fact that it is the marriage for Husband and Wife;
the age, health, station, amount and sources of income, vocational skills, employability, estate,
liabilities and needs of each of the panies; the contribution of each pany to the education,
training or increased earning power of the other pany; the opponunity of each pany for future
acquisitions of capital assets and income: the sources of income of both panies, including but
not limited to medical, retirement, insurance or other benefits; the contribution or dissipation
of each pany in the acquisition, preservation, depreciation or appreciation of the marital
propeny, including the contribution of each spouse as a homemaker: the value of the propeny
set apart to each party; the standard of living of the panies established during the marriage;
and the economic circumstances of each pany at the time the division of propeny is to become
effective,
The division of existing marital propeny is not intended by the panies to constitute
in any way a sale or exchange of assets, and the division of bloling effected without the
introduction of outside funds or other propeny not constituting marital property, The division
of propeny under this Agreement shall be in full satisfaction of all marital rights of the panieso
'.
So aratlon and Pro ert Settlement A reement botwoon Ouo Harrison and CaltOl H. Harrison
Pa 04
A. Distribution of Personal Propertyo
The panies heroto mutually agroe that they have effected a satisfactory division of
the furniture, household furnishings, appliances, and other household personal propeny
between them, and they mutually agree that each pany shall from and after tho date hereof
be the sole and separate owner of all such tangible personal propeny presently in his or her
possession, and this Agreement shall have the effect of an assignment or bill of sale from each
pany to the other for such propeny as lIIay be in the individual possession of each of the
panies hereto,
The panies hereto have divided between themselves, to their mutual satisfaction,
all items of tangible and intangible marital propeny, Neither pany shall make any claim to
any such items of marital propeny, or of the separate personal propeny of either pany, which
are now in the possession and/or under the control of the other. Should it become necessary,
the panies each agree to sign, upon request, any titles or documents necessary to give effect
to tllis paragrapho Propeny shall be deemed to be in the possession or under the control of
either parry if, in the case of tangible personal propeny, the item is physically in the
possession or control of the parry at the time of the signing of this Agreement and, in the case
of intangible personal propeny, if any physical or written evidence of ownership, such as
passbook, checkbook, policy or cenificate of insurance or other similar writing is in the
possession or control of the pany, Husband and Wife shall each be deemed to be in the
possession and control of their own individual pension or other employee benefit plans or
retirement benefits of any nature to which either parry may have a vested or contingent right
or interest at the time of the signing of this Agreement, and neither will make any claim
against the other for any interest in such benefits, except as stated herein,
From and after the date of the signing of this Agreement, both panies shall have
complete freedom of disposition as to their separate propeny and any propeny which is in
their possession or control, pursuant to this Agreement, and may mongage, sell, grant,
convey, or otherwise encumber or dispose of such property, whether real or personal, whether
such propeny was acquired before, during or after marriage, and neither Husband nor Wife
need join in, consent to, or acknowledge any deed, mongage,.or other instrument of the other
penaining to such dispOSition of propenyo
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So loratlon and Pro ert Settlement A reomont botwoon Quo Hnrrison and Canor H, Harrison
Po 05
Notwithstanding the above, Wife shall transfer to Husband his Grandmothers
ongagomont ring upon completion of tho refinancing sot forth in paragraph 6B,
B, Distribution of Real Estate.
Wife shall transfer to Husband, all of hor interest in and titlo to their jointly owned
real estate located at 313 Lamp Post Lane, Camp Hill, Pennsylvania in exchange for which
Husband agrees to refinance the existin(J mortgage to Mellon Mortgage Corporation so as to
remove Wife from all obligation on the oxisting mortgage and loan, and to indemnify, defend
and hold Wife harmless for tho sameo Actual transfer of the real estate shall occur
simultaneously upon payment as set forth in Paragraph 6C hereunder. Husband agrees to bo
responsible for the payment of all current and future taxes, insurance and utility bills relative
to said real estate, and covenants and agrees to pay and discharge said obligations on said
premises, and agrees to indemnify, defend and hold Wife harmless from any loss by reason
of his default in the payment thereof, and agrees to save Wifo harmless from any future
liability with regard thereto, including the cost of defense and actual counsel fees incurred to
defend against an action brought against her by reason of his default.
Co Cash Distribution.
In consideration for the transfer of the above referenced real estate, Husband shall
pay to Wife the sum of $15,000000,
7, Vehicles, Notwithstanding Paragraph 6 of this Agreement, Husband shall retain
possession and ownerShip of the 1989 Mercury Sable presently in his possession. Wife hereby
transfers all of her right, title and interest in said vehicle to Husband, In consideration thereof,
Husband shall assume full responsibility for payment and eventual satisfaction of any and all
liens presently encumbering the vehicle, and to indemnify, defend and hold Wife harmless for
the same, Wife hereby agrees to sign any title or other documents necessary to transfer
ownership of said vehicle at any time, upon demand, and further shall indemnify Husband for
any costs, including actual counsel fees, incurred by Husband to enforce this provisiono
Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and
ownership of the 1995 Mercury Sable presently in her possession, Husband hereby transfers
all of his right, title and interest in said vehicle to Wifeo In consideration thereof, Wife shall
assume full responsibility for payment and eventual satisfaction of any and all liens presently
., "
Separatlon Bnd Proporty Sottlement Agroement botwoon Guo Harrison and Cortor H, Harrison Pogo G
encumbering the vehicle, and to indemnify, defend and hold Hushand harmless for the same,
Husband hereby agrees to sign any title or other documents necossary to transfer ownership
of said vehicle at any time, upon demand, and funher shall indemnify Wife for any costs,
including actual counsel fees, incurred by Wife to enforce this provision,
8, Alimony. Both panies acknowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital propeny are fair, adequate and
satisfactory to them, and are accepted by them in lieu of and in full and final settlement and
satisfaction of any claims or demands that either may now or hereafter have against the other
for suppon, maintenance or alimony, Husband and Wife funher, voluntarily and intelligently,
waive and relinquish any right to seek from the other any payment for suppon or alimony,
Each pany shall indemnify, defend and hold the other harmless against any future action for
either suppon or alimony brought by or on behalf of the other, such indemnity to include the
actual counsel fees of the defendant in any such future actiono
90 Alimony Pendente Lite. Counsel Fees and Expenses, Husband and Wife
acknowledge and agree that the provisions of this Agreement providing for the equitable
distribution of marital propeny of the panies is fair, adequate and satisfactory to themo Both
panies shall accept the provisions set fonh in this Agreement in lieu of and in full and final
settlement and satisfaction of all claims and demands that either may now or hereafter have
against the other for alimony pendente lite, counsel fees or expenses, or any other provision
for their suppon and maintenance before, during and after the commencement of any
proceedings for divorce or annulment between the panieso Each pany shall be responsible
for his or her own counsel fees, costs and expenses and each agrees to indemnify, defend and
save the other harmless from any action commenced against the other for alimony pendente
lite, counsel fees and/or expenseso
10.. Income Tax Retumso The panies have heretofore filed joint Federal and State
income tax returns, Both panies agree that in the event any deficiency in federal, state or local
income tax is determined by the appropriate tax authority, 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 loss or liability
for any such tax deficiency or assessment and any interest, penalty or expense incurred in
Soparatlon and Proporty Sottlomont Agroomont betwoon Quo liarrison and Cartor Ii, Harrison
Pogo 7
connection therewith. Such tnx, interest, penalty or expense shall bo paid solely and entirely
by the individual who is finally determined to be responsible for the actions,
misrepresentation or failures to disclose separate income resulting in tax liability, or who is
otherwise responsible for such tax, interest, penalty or expense, The parties have flied
separately in tnx year 1997 and have and will continue to do so thereafter.
11. Divorce. A Complaint in Divorce has been flied by Wife to No, 97 -247 Civil in the
Court of Common Pleas of Cumberland County, Pennsylvania, Both parties shall sign
Affidavits of Consent and Waiver of Notice, pursuant to !i3301(c) of the Divorce Code, enabling
counsel for Wife to promptly proceed witb finalizing the divorce, and proving a duplicate copy
of the Decree to Husband when issued by the Court, In the event, for whatever reason, either
party fails or refuses to execute such affidavit upon the other party's timely request, that party
shall indemnify, defend and hold the other harmless from any and all additional expenses,
including actual counsel fees resulting from any action brought to compel the refusing party
to consento Each party hereby agrees that a legal or equitable action may be brought to
compel him or her to execute a Consent form and that, absent some breach of this Agreement
by the proceeding party, there shall be no defense to such action asserted,
12, Time of Distribution, The assets and interests to be transferred under and
pursuant to this Agreement shall be conveyed and transferred to the respective parties
immediately upon the execution of this Agreement, All spousal support and other such
obligations, including alimony, shall immediately terminate, The parties shall cooperate by
executing whatever documents are necessary to effectuate a divorce under !i3301(c) or
!i3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be
enforceable by an assumpsit action for specific performance, However, upon refusal to
consent, all distributed property shall be returned to the party originally in possession, until
the time of final Decree,
13, Release. 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, indemnify (including actual
legal fees) and discharge the other of and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, including equitable distribution, spousal support, alimony,
"
Soparatlon and l'roporty Sottlomont Agroomont botwoon Quo Horrison and Cortor H, Horrison
Pogo B
counsol foos, alimony pendento lite, and oxpenses which either olthe parties against the other
ever had, now has, or may havo in tho future under the Pennsylvania Divorco Code, as
amended, or under any other statutory or conunonlaw, except any and all causes of action for
divorce and all causes of action for breach 01 any provisions of this Agreement. Each party
also waives his or her right to rorJuest marital counseling, pursual1l to 93302 of the Divorce
Code,
14, Waivers of Claims Against Estates. Except as heroin 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 tho othor, and
right to act as administrator or executor of the other's estate, and any right existing now or in
the future under the PCIUlsylvania Divorce Code, as amended from time to time, 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 01
all such interests, rights and claims,
15, Rights on Execution. Immediately upon the execution of this Agreement, the
rights of each party against the other, despite their cOl1linuing marital status, shall terminate
and be as if they were never married,
16, Breach. In the event of breach of any of the terms of this Agreement, the
nonbreaching party shall be paid, as part of any award or judgment against the breaching
party, all costs, including actual counsel fees paid to his or her attorneyo
170 Incorporation in Final Divorce. The terms of this Agreement shall be
incorporated but shall not merge in the final divorce decree between the parties, This
Agreement shall survive in its entirety resolving the spousal support, alimony, property and
other interests and rights of the parties under and pursuant to the Divorce Code of the
Commonwealth of Pennsylvania, This Agreement may be enforced independently of any
support order, divorce decree or judgment and its terms shall take precedence over same,
remaininn the primary obligation of each part Yo This Agreement shall remain in full force and
"
Separation and Property Settlement Agreement botwoon Guo Horrison and CaIto! H, Harrison
Pago 9
effect regardless of any change in tho marital status of tho parties, It is warranted,
covenanted and represented by Husband and Wifo, each to the other, that this Agreement
is lawful and enforceablo and this warranty, covenant and reprosontation is made for the
specific purpose of inducing tho partios to oxocute tho Anreomont.
18, 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 anel effp.ctto the provisions of
this Agreemento
190 Separability. In case any provision of this Agreement should be held to be
contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality
and invalidity shall not in any way affect the other provisions hereof, all of which shall
continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to
be a separate and undisputed covenant and agreement,
20, Entire Agreement. This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants and 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 on 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 3502 of the Divorce code
or any other laws, Husband and wife each voluntarily and intelligently waive and relinquish
any right to seek a Court ordered 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,
210 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 the
Separation and Property Settlement Agreement botwelln GlIlI HurriGon ond Cortor H, Horrison
Pago 10
provisions of this Agreoment shalJ not be constmed as a waivor of any subsequent default of
the same or similar natura,
22, Intont, It is the intelll of tho partios by this Agreoment to fulJy and finalJy
forodoso any wsort to tho Courts for reliof on tho basis of any statute or case law presently
existing or which may exist at some timo in tho futuro within tho Commonwealth of
Ponnsylvania, including but not limited to equitable distribution, alimony and other relief
undur tho Pennsylvania Divorce Code, as amendod, This Aureement has been drafted and
accepted on the basis that such resort would constitute a breach under this Agreement,
entitling the nonbreachinu party to reimbursement for actual counsel feeso Other than as
provided by the terms of this instrument, it is intended that the Court shall treat the parties
as if they had never entered into a marital relationship, This Agreement shalJ be interpreted
and uoverned by the laws of the Commonwealth of Pennsylvania and, where such law is
inconsistent, the terms of this instrument shall govern,
23, Voluntary Execution. The provisions of this Agreement and their legal effect
have been fulJy explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, that it is being entered into
voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any
duress or undue influenceo The parties acknowledge that they have been furnished with alJ
information relating to the financial affairs of the other which has been requested by each of
them or by their respective counsel.
24, 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,
25, Agreement Binding on Heirso This Agreement shall be binding and shalJ inure
to the benefit of the parties hereto, and their respective heirs, executors, administrators,
successors and assignso
26, Reconciliationo Notwithstanding a reconciliation between the parties, this
Agreement shalJ continue to remain in fulJ force and effect absent a writing signed by the
parties stating that this Agreement is null and void,
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Separation and Property Settlement Agreement bolwoon Guo Harrison and Cartor H, Harrison
Pogo 11
IN WITNESS WHEREOF. the parties hereto have hereunto set their hands and seals
the day and year first above written,
WITNESS:
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Carte;:fi,. Harrison
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GUO HARRISON.
Plaintiff
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY,PENNSYLVANIA
*
VB.
* No, 97-247 CIVIL
*
CARTER Ho HARRISON.
Dsfendant
* CIVIL ACTION - LAW
* IN DIVORCE
AFFIDAVIT OF CONSENT
1, A Complaint in Divorcs under Ssction 3301(c) of the Divorce Cods
was filed on January 15, 1997.
20 The marriage of Plaintiff and Defendant is irretrisvably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3, I consent to the entry of a final decree in divorce aftsr service of
notics of intention to requsst 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 1 8
Pa.C,S. Section 4904 relating to unsworn falsification to authorities.
Date:
. ) 7 + .~ ~
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Guo Harrison, Plaintiff
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GUO HARRISON.
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTy,PENNSYLVANIA
Plaintiff
*
V8.
* No. 97-247 CIVIL
*
CARTER Ho HARRISON.
Defendant
* CIVIL ACTION - LAW
* IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorcs undsr Ssction 3301 lc) of ths Divorce Code
was filsd on January 15, 1997.
2. Ths marriage of Plaintiff and Defendant is irrstrisvably broken and
ninsty (90) days have elapsed from the date of the filing and ssrvice of the Complaint.
3, I consent to the sntry of a final decree in divorce after service of
notics of intsntion to request entry of ths decres,
I verify that the statemsl1ts made in this affidavit are true anci corrsct.
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,
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Date: ((/l.)!-))
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Carter Harrison, Defsndant
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* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY.PENNSYLVANIA
Plaintiff
*
VB,
* Noo 97-247 CIVIL
*
CARTEr. H. HARRISON.
Dsfendant
* CIVIL ACTION - LAW
* IN DIVORCE
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WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1, I consent to the entry of a final decree of divorce without notics,
2, I understand that I may lose rights concsrning alimony, division of
property, lawyer's fees or sxpenses 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
sntered 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
undsrstand that falss statements herein are made subj'3ct to the penalties of 1 8
Pa.C,S, Section 4904 relating to unsworn falsification to authorities.
Date: l/ .)' .) '1
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Guo Harrison, Plaintiff
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Plaintiff
. IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY,PENNSYLVANIA
.
VSo
. No. 97-247 CIVIL
.
CARTER Ho HARRISON.
Defendant
· CIVIL ACTION - LAW
· IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
10 I conssnt to ths 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.
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3, I understand that I will not be divorced until a divorce decree is
entered by ths Court and that a copy of ths decree will be sent to me immediately
after it is filed with the prothonotary 0
I verify that the statements made in this affidavit are true and correct,
understand that false statements herein are made subject to the penalties of 18
Pa.C,S. Section 4904 relating to unsworn falsification to authorities.
Date: "///::/'1
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Carter Harrison, Defendant
GUO HARRISON,
Plaintiff
VSo
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 1'1 ,)4/ ()(. "t (
CARTER H. HARRISON,
Defendant
: CIVIL ACTION.LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURTo If you wish to defend against the claims set forth in
the following pages, you must take prompt actiono 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 the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counselingo A list of marriage counselors is available in the Office
of the Court Administrator, Cumberland County Courthouse, Hanover Street, Carlisle, PA,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'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,
Court Administrator
Cumberland County Courthouse, Fourth Floor
1 Courthouse Square
Carlisle, PA 170133387
(717) 240-6200
7, The Defendant is a citizen of the United States,
~
I
;.
8, The Plaintiff has been advised of the availability of marriage counseling and that
she may have the right to request the court to require the parties to participate in such
counseling, Being so advised, Plaintiff does not request that the court require the parties to
participate in counseling prior to a divorce decree being handed down by the courto
9, The Plaintiff avers the ground on which the action is based is that the marriage is
,
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"
irretrievably broken and/or the Defendant has offered such indignities to the Plaintiff, the
innocent and injured spouse, as to render her condition intolerable and life burdensomeo
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce,
,!
I
I
Respectfully submitted,
Purcell, Krug & Haller
BY
Jph 0 Purcell, Jr.
1.0,#29955
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
GUO HARRISON,
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff
.
VB.
· Noo 97-247 CIVIL
.
CARTER H. HARRISON,
Dsfendant
· CIVIL ACTION - LAW
· IN DIVORCE
ANSWER TO COMPLAINT IN DIVORC~
AND NOW comes the Defendant, Carter H. Harrison, by and through his
attornsy, Edward J. Weintraub, and answsrs as follows:
1, Admittsd.
2. Admitted.
30 Admittedo
40 Admitted.
5, Admitted.
6, Admittedo
7. Admittsd.
8, Dsfsndant is unable to admit or dsny this allegation.
9. Admitted in part, denied in part, It is denied that the Defendant has
offered indignitiss to Plaintiff to maks her condition intolerable and life burdensome
and that shs is the innocent and injursd spouss.
!
I'
"
NEW MA TTEB
COUNT I
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER ~3323, ~3501, ~3502 and ~3503
OF THE DIVORCE CODE
10 Defendant requssts ths Court to equitably divide, distribute or
assign the martisl property betwsen the parties without regard to marital
misconduct in such proportion as ths Court deems just after considsration of all
relsvant factors,
WHEREFORE, Defendant respectfully requssts the Court to enter an
order of equitable distribution of marital property pursuant to Sections 3323, 3501,
3502 and 3503 of the Divorcs Cods,
COUNT II.
REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
PENDENTE liTE AND ALIMONY
UNDER ~3701, ~3702 and ~3704 OF THE DIVORCE CODE
2. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
3. Plaintiff is unable to sustain himselflherself during the course of
litigation.
r
9.
To the extent that a written settlsment agreemsnt might bs
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entered into bstwsen ths partiss prior to the time of hsaring on this Nsw Mattsr,
Dsfendant dssires that such written agreemsnt be approvsd by ths Court and
incorporated in any divorce decree which may bs entsred dissolving ths marriage
betwsen ths partiss.
WHEREFORE, if a written settlement agrsement is reached bstwssn
the Partiss prior to the time of hearing on this New Matter, Defendant respectfully
and incorporate such agreement in the final divorce dscres.
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I
I
rsqussts that, pursuant to Section 3104 of the Divorcs code, the Court approve
Respectfully submitted:
C/=h-~
Cl..-rr.... A.- )
ATTORNEY FOR DEFENDANT
Date: rr~' c
VERIFICATION
I, Edward J. Weintraub, Esquire, verify that the contects of the foregoing
Amended Answsr to Complaint in Divorce ars true and corrsct to the best of my
knowledge, information and belisf. I am authorized to respond based upon information
provided by Carter H. Harrison and in my capacity as his counsel.
1 undsrstand that I am subject to the penaltiss of 18 Pao C.S. Ssc. 4904
rslating to unsworn falsification to authorities for any false statemsnts that I made in
the foregoing documsnt,
Oats:
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Plaintiff
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
i
i
GUO HARRISON.
.
VB.
· No. 97-247 CIVIL
"
.
CARTER H. HARRISON.
Defendant
· CIVIL ACTION - LAW
· IN DIVORCE
PRAECIPE TO WITHDRAW ECONOMIC CLAIMS
TO THE PROTHONOTARY:
Kindly mark ths economic claims including ths alimony claim of Defendant
Carter Harrison withdrawn,
I
"j
Edward J. Weintraub
Attorney I.D, # 17441
Attorney for Dsfendant
2650 North Third Street
Harrisburg, PA 17101
717 -238-2200
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QUO HARRISON,
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
.
V80
· No. 97-247 CIVIL
.
CARTER H. HARRISON,
Dsfandant
· CIVIL ACTION. LAW
· IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Carter Harrison, Defsndant/Petitioner, moves the Court to appoint a
Master with rsspsct to the following claims:
(II) Divorce
(V') Distribution of Property
) Annulment
) Alimony
) Alimony Psndente Lits
) Support
) Counsel Fees
) Costs and Expsnsss
and in support of ths Motion states:
1, Discovery is complete as to the claims for which the appointmsnt of
a master is requsstedo
20 Ths Defsndant has appeared in the action personally or by counsel.
3, The statutory ground for divorce is ths two year separation as of
January 15, 1997.
4. The action is contested and no agreement has been reached with
respsct to the disputed claims,
5. The action does not involve complex issues of law or facto
6, The hsaring is expectsd to take one-half (1/2) day,
Dats:ili' 11"
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Edward J, Weintraub, Esquire
Attorney for Dsfendant/Petitionsr
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ;)'7 day of #_.1999, by and between
Carter H, Harrison, hereinafterreferred to as "Husband", and Guo Harrison, hereinafterreferred
to as "Wife",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on December 15, 1992; and
WHEREAS, no children were born of this marriage; and
WHEREAS, certain differences have arissn between the parties as a result of which
they separated on December 8, 1996 and now live separate and apart from one another, and
are desirous, therefore, of entering into an Agreement which will distribute their marital
property in a manner which is considered to be an equitable division of all joint property, and
will provide for the mutual responsibilities and rights growing out of the marriage
relationship; and
WHEREAS, there has been a complete disclosure of the earnings and property of
each party, and each understands his/her rights under the Divorce Code of the
Commonwealth of Pennsylvania; and
WHEREAS, the parties hereto, after being properly advised by their respective
counsel, Husband by his attorney, and Wife by her attorney. John W, Purcell, Jr. have come
to the agreement, which follows:
Separation "IIlII'ropcr1", :ietUemen" oI\lJI'~pmcllt4'"tWAAR'QU0'lf0nj9c"'llllJdo(JlIlallc4r\"IIlI..lIljU"_' Pago 2
NOW. THEREFORE, in consideration of the above recitals and the following
covenants and promises mutually made and mutually to be kept, the parties heretofore,
intending to be legally bound, covenant, promise and agree as follows:
1. Ssparatlon. It shall be lawful for each party at all times hereafter to live separate
and apart from the other party at such place that he or she may from time to time choose or
deem fit. The foregoing provision shall not be taken as an admission on the part of either
party of the lawfulness of the causes leading to their living aparto
2, Intsrference. 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 tho other, nor in any way
harass or malign 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 separation
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.
40 Husband's Debts. Husband represents and warrants to Wife that since the
separation 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 indemnify and save Wife harmless
from any and all claims or demands made against her by reason of debts or obligations
incurred by himo
5, Outstanding Joint Debts. The parties aclmowledge and agree that they have no
outstanding debts and obligations incurred prior to the signing of this Agreement, except as
follows:
SeparaUon and Property SetUement Agreement between Guo Harrison and Carter H. Harrison
Page 3
(A) First mortgage to Mellon Mortgage Corporation, in the principal amount of
$91,163.51 as of the date of separation and approx. $81,000.00 as of the date oCthe execution
of this agreement.
The above debt shall be solely assumed by the Husband through a refinancing of the
marital home pursuant to Paragraph 68 hereunder.
In the event that either party contracted or incurred any debts since the date of
separation, the party who incurred said debt shall be responsible for the payment thereof,
regardless of the name in which the account may have been charged, and such party shall
indemnify, defend and hold the other party harmless from any claim or demand made against
that party by reason of such debt.
6. Equitable Distribution of Marital Property. The parties have attempted to
distribute their marital property in a manner which conforms to the criteria set forth in !l3501
et. seq. of the Pennsylvania Divorce Code and taking into account the following
considerations: the length of marriage; the fact that it is the marriage for Husband and Wife;
the age, health, station, amount and sources of income, vocational skills, 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 of 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.
~
. ~..' ........!'~NltI"'t~ Pr:ol!!'_~~'!.ttloment.AlJIlIement-botwoen Guo Harrison and Cortor H. Harri'.v.' .'
"'lUJe '.t"..~--
A. Distribution of Personal Property.
The parties hereto mutually agree that they have effected a satisfactory division of
the furniture, household furnishings, appliances, and other household personal property
between them, and they mutually agree that each party shall from and after the date hereof
be the sole and separate owner of all such tangible personal property presently in his or her
possession, and this Agreement shall have the effect of an assignment or bill of sale from each
party to the other for such property as may be in the individual possession of each of the
parties hereto.
The parties hereto have divided between themselves, to their mutual satisfaction,
all items of tangible and intangible marital property. Neither party shall make any claim to
any such items of marital property, or of the separate personal property of either party, which
are now in the possession and/or under the control of the other. Should it become necessary,
the parties each agree to sign, upon request, any titles or documents necessary to give effect
to this paragraph. Property shall be deemed to be in the possession or under the control of
either party if, in the case of tangible personal property, the item is physically in the
possession or control of the party at the time of the signing of this Agreement and, in the case
of intangible personal property, if any physical or written evidence of ownership, such as
passbook, checkbook, policy or certificate of insurance or other similar writing is in the
possession or control of the par.y. Husband and Wife shall each be deemed to be in the
possession and control of their own individual pension or other employee benefit plans or
retirement benefits of any nature to which either party may have a vested or contingent right
or interest at the time of the signing of tllis Agreement, and neither will make any claim
against the other for any interest in such benefits, except as stated herein.
From and after the date of th€ signing of this Agreement, both parties shall have
complete freedom of disposition as to their separate property and any property which is in
their possession or control, pursuant to tllis Agreement, and may mortgage, sell, grant,
convey, or otherwise encumber or dispose of such property, whether real or personal, whether
such property was acquired before, during or after marriage, and neither Husband nor Wife
need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other
pertaining to such disposition of property.
;.<:.,...,.-- "Saparallon and Property Settlement Al/Te<iment'boli::,o~'6tld'1tlitri~6h'ffltd'C:i!\'At H:"RlffiiIMII"-'~tp~'6*.. .
Notwithstanding the above, Wife shall transfer to Husband his Grandmothers
engagement ring upon completion of the refinancing set forth in paragraph 68.
8. Distribution of Real Estate.
Wife shall transfer to Husband, all of her interest in and title to their jointly owned
real estate located at 313 Lamp Post Lane, Camp Hill, Pennsylvania in exchange for which
Husband agrees to refinance the existing mortgage to Mellon Mortgage Corporation so as to
remove Wife from all obligation on the existing mortgage and loan, and to indemnify, defend
and hold Wife harmless for the same. Actual transfer of the real estate shall occur
simultaneously upon payment as set forth in Paragraph 6C hereunder. Husband agrees to be
responsible for the payment of all current and future taxes, insurance and utility bills relative
to said real estate, and covenants and agrees to pay and discharge said obligations on said
premises, and agrees to indemnify, defend and hold Wife harmless from any loss by reason
of his default in the payment thereof, and agrees to save Wife harmless from any future
liability with regard thereto, including the cost of defense and actual counsel fees incurred to
defend against an action brought against her by reason of his default.
C. Cash Distribution.
In consideration for the transfer of the above referenced real estate, Husband shall
pay to Wife the sum of $15,000.00.
7. Vehicles. Notwithstanding Paragraph 6 oCthis Agreement, Husband shall retain
possession and ownership of the 1989 Mercury Sable presently in his possession. Wife hereby
transfers all of her right, title and interest in said vehicle to Husband. In consideration thereof,
Husband shall assume full responsibility for payment and eventual satisfaction of any and all
liens presently encumbering the vehicle, and to indemnify, defend and hold Wife harmless for
the same. Wife hereby agrees to sign any title or other documents necessary to transfer
ownership of said vehicle at any time, upon demand, and further shall indemnify Husband for
any costs, including actual counsel fees, incurred by Husband to enforce this prO'.rision.
Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and
ownership of the 1995 Mercury Sable presently in her possession. Husband hereby transfers
all of his right, title and interest in said vehicle to Wife. In consideration thereof, Wife shall
assume full responsibility for payment and eventual satisfaction of any and all liens presently
~
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~~eparatlon and Property Settleme..L AgreemenL l:otwcpn "uo.H~!,"j.(ln.....v.<6:'l~:!i.!!!ri9l>~:_~ "Ii'~, .,"""",,-,-,
!.
encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same.
Husband hereby agrees to sign any title or other documents necessary to transfer ownership
of said vehicle at any time, upon demand, and further shall indemnify Wife for any costs,
including actual counsel fees, incurred by Wife to enforce this provision.
8. Alimony. Both parties acknowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital property are fair, adequate and
satisfactory to them, and are accepted by them in lieu of and in full and final settlement and
satisfaction of any claims or demands that either may now or hereafter have against the other
for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently,
waive and relinquish any right to seek from the other any payment for support or alimony.
Each party shall indemnify, defend and hold the other harmless against any future action for
either support or alimony brought by or on behalf of the other, such indemnity to include the
actual counsel fees of the defendant in any such future action.
9. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife
acknowledge and agree that the provisions of this Agreement providing for the equitable
distribution of marital property of the parties is fair, adequate and satisfactory to them. Both
parties shall accept the provisions set forth in this Agreement in lieu of and in full and final
settlement and satisfaction of all claims and demands that either may now or hereafter have
against the other for alimony pendente lite, counsel fees or expenses, or any other provision
for their support and maintenance before, during and after the commencement of any
proceedings for divorce or annulment between the parties. Each party shall be responsible
for his or her own counsel fees, costs and expenses and each agrees to indemnify, defend and
save the other harmless from any action commenced against the other for alimony pendente
lite, counsel fees and/or expenses.
10.. Income Tax Returns. The parties have heretofore filed joint Federal and State
income tax returns. Both parties agree that in the event any deficiency in federal, state or local
income tax is determined by the appropriate tax authority, 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 loss or liability
for any such tax deficiency or assessment and any interest, penalty or expense incurred in
S~par"tiun-:Ind'PrcpertL~I..me"~o.!'!!!8m"_iI?'~~~Haffi!iOh'1lhd Cartor H. Harrison
Pago 7
connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely
by the individual who is finally determined to be responsible for the actions,
misrepresentation or failures to disclose separate income resulting in tax liability, or who is
otherwise responsible for such tax, interest. penalty or expense. The parties have filed
separately in tax year 1997 and have and will continue to do so thereafter.
11. Divorce. A Complaint in Divorce has been filed by Wife to No. 97-247 Civil in the
Court of Common Pleas of Cumberland County, Pennsylvania. Both parties shall sign
Affidavits of Consent and Waiver of Notice, pursuant to ~3301(c) of the Divorce Code, enabling
counsel for Wife to promptly proceed with finalizing the divorce, and proving a duplicate copy
of the Decree to Husband when issued by the CoUrt. In the event, for whatever reason, either
party fails or refuses to execute such affidavit upon the other party's timely request, that party
shall indemnify, defend and hold the other harmless from any and all additional expenses,
including actual counsel fees resulting from any action brought to compel the refusing party
to consent. Each party hereby agrees that a legal or equitable action may be brought to
compel him or her to execute a Consent form and that, absent some breach of this Agreement
by the proceeding party, there shall be no defense to such action asserted.
12. Time of Distribution. The assets and interests to be transferred under and
pursuant to this Agreement shall be conveyed and transferred to the respective parties
immediately upon the execution of this Agreement. All spousal support and other such
obligations, including alimony, shall immediately terminate. The parties shall cooperate by
executing whatever documents are necessary to effectuate a divorce under !l3301(c) or
!l3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be
enforceable by an assumpsit action for specific performance. However, upon refusal to
consent, all distributed property shall be retumed to the party originally in possession, until
the time of final Decree.
13. Release. 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, indemnify (including actual
legal fees) and discharge the other of and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, including equitable distribution, spousal support, alimony,
Sepnrat!"Ilend l'r~p"rty S"t~lilmen~ Agrepm'l\n.Y<llet'Wl1~illf.H'arrimiii.lirfu~:ilter H. Harrison
Page B
counsel fees, alimony pendente lite, and expenses which either of the parties against the other
ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as
amended, or under any other statutory or common law, except any and all causes of action for
divorce and all causes of action for breach of any provisions of this Agreement. Each Party
also waives his or her right to request marital counseling, pursuant to !l3302 of the Divorce
Code.
14. Waivers of 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 adrninistrator or executor of the other's estate, and any right existing now or in
the future under the Pennsylvania Divorce Code, as amended from time to time, 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.
15. Rights on Execution. Immediately upon the execution of this Agreement, the
rights of each party against the other, despite their continuing marital status, shall terminate
and be as if they were never married.
16. Breach. In the event of breach of any of the terms of this Agreement, the
nonbreaching party shall be paid, as part of any award or judgment against the breaching
party, all costs, including actual counsel fees paid to his or her attorney.
17. Incorporation in Final Divorce. The terms of this Agreement shall be
incorporated but shall not merge in the final divorce decree between the parties. This
Agreement shall survive in its entirety resolving the spousal support, alimony, property and
other interests and rights of the parties under and pursuant to the Divorce Code of the
Commonwealth of Pennsylvania. This Agreement may be enforced independently of any
support order, divorce decree or jUdgment and its terms shall take precedence over same,
remaining the primary obligation of each party. This Agreement shall remain in full force and
'--"'Se oratiottmniPro art Se:'ttle'ment A eemont botwool1 Quo l1dlllbou 11I1J"Co.rtt:-r H,lIort1~OIi ....'...".pf)~1r',.-..ff;.1"rft
------ . -
effect regardless of any change in the marital status 01 the parties. It Is warrnntod,
covenanted and represented by Husband and Wife, each to the other, that this Agrnenlont
is lawful and enforceable and this warranty, covenant and representation is mado lor tho
~pecific purpose of inducing the parties to execute tho Agreement.
18. Additional Instruments, Each of the parties shall from time to tlmo, at the
request of the other, execute, acknowledge and deliver to the other party, any fllld all furthllr
instruments that may be reasonably required to give full force and effect to the provislonlJ of
this Agreement.
19. Separability. In case any provision of this Agreement should bo hold to bll
contrary to, or invalid under, the law of any country, state or othor jurisdiction, such ilIegnllty
and invalidity shall not in any way affect the other provisions he reo I, all of which Ilhall
continue, nevertheless, in full force and effect, and each paragrnph homin slmll bo deomed t.o
be a separate and undisputed covenant and agreement.
20. Entiro Agreement. This Agreement contains tho onUm Ilndorutnndln(/ 01 tho
parties and there are no representations, warranties, covenants nnd IlndoltflltinUIJ othor thfln
those expressly set forth herein. Husband and Wifo acknowleduo anel aUrllll thflt tho
provisions of this Agreement with respect to the distribution find (IivilJioll of nHultfll find
separate property are fair, equitable and satisfactory to them, baliOd Ofl tho lonl/th of tholr
marriage and other relevant factors which have beon taken into conlJidorntlon by thll JlfHtiUlI.
Both parties hereby accept the provisions of this Aureement with rllBP[J(;t. to tho dlvilllofl of
property in lieu of and in full and final settlement and satisfaction of fill ClfllllHl flfld dOlllfllHl1I
that they may now have or hereafter have against tbe other lor equitnblo dlBtrllJlltlonol tholr
property by any Court of competent jurisdiction pursuant to SfJction 3!iO? of tho Dlvllrco codll
or any other laws. Husband and wife each voluntarily and intelliUllntly wflivo find IfJliflqlliBh
any right to seek a Court ordered determination and distribution of mflritlll propfJrty, hut
nothing herein contained shall constitute a wnivor by oithor pliny 01 flny riuht!! to 110111\ tho
relief of any court for the purpose of onforcinu tho provisiolHl of this AlIroomonl.
21. Modification and Waiver. A modification or wfllvOI of flny of tho provllJlonlJ 01
this Agreement shall be effective only if made in writinll nnd oXllcutnd with tho IIl1mo formllllty
as this Agreement. The failure of eithnr palty to 1I1';II,t UpOfl lilllct !lllllclllllinlcll 01 tho
.'-:::dparatlon and Property Settlament Agreement botwoon Que htU,i.,," oll1d Cart'!(H Hamson "" ;1'811" 10'. '._ .::=.
provisions of this Agreement shall not be construed as a walver of any subsequent default of
the same or similar nature.
22. Intent. It is the intent of the parties by this Agreement to fully and finally
foreclose any resort to the Courts for relief on the basis of any statute or case law presently
existing or which may exist at some time in the future within the Commonwealth of
Pennsylvarlia, including but not limited to equitable distribution, alimony and other relief
under the Pennsylvarlia Divorce Code, as amended. This Agreement has been drafted and
accepted on the basis that such resort would constitute a breach under this Agreement,
entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as
provided by the terms of this instrument, it is intended that the Court shall treat the parties
as if they had never entered into a marital relationship. This Agreement shall be interpreted
and governed by the laws of the Commonwealth of Pennsylvania and, where such law is
inconsistent, the terms of this instrument shall govern.
23. Voluntary Execution. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, that it is being entered into
voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any
duress or undue influence. The parties acknowledge that they have been furnished with all
information relating to the financial affairs of the other which has been requested by each of
them or by their respective counsel.
24. 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.
25. Agreement Binding on Heirs. This Agreement shall be binding and shall inure
to the benefit of the parties hereto, and their respective heirs, executors, administrators,
successors and assigns.
26. Reconciliation. Notwithstanding a reconciliation between the parties, this
Agreement shall continue to remain in full force and effect absent a writing signed by the
parties stating that this Agreement is null and void.
SeparatIon erl! Prol'~!'lY Settlement Agrooment . tdtwBon Quo. P.urrison and Carter H. Harrison
Pa[JO 11
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
the day and year first above written.
WITNESS:
~-?~- rit~.~~_
Carter H. Harrison
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Guo Harrison
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GUO HARRISON,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
"
vs.
NO. 1997 -00247
CIVIL ACTION-LAW
IN DIVORCE
CARTER H. HARRISON,
Defendant
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
) ss:
COUNTY OF DAUPHIN
,
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I, JOHN W. PURCELL, JR., Allorney for the Plaintiff in lhe above action, hereby swear
and affirm that on lhe 21st day of January, 1997, I sent, by cerlified mail, return receipt requested,
deliver to addressee only, a cerlified copy of the Complaint in Divorce, containing NOlice to Defend
and Claim Righls, Notice of Availability of Counseling to the Defendant Carler H. Harrison in the
above action. The receipt is allached hereto and made a part hereof as Exhibit "A".
J
Notary Public
NOTARIAL SEAL
BONITA E. LOt.\BAII~I, ~~p~r
!.tt=~o~~I~SelJI.6,1ggr
GUO lIARRISON,
Plaintill'
. IN TilE COURT OF COf\IMON PLEAS
. CI!MUERLAND COUNTY, PENNSYLVANIA
"
\'5.
. NO. 199700247
CARTER II HARRISON,
Defendant
. CIVIL ACTION-LAW
. IN DIVORCE
ORDER OF COURT
AND t JOW, this ~ day of ('1/') L L,
, 1998. upon review of the
Plaintill~ Guo Harrison's Petition for Special Relief, a hearing is scheduled to be held on
:'],,'01" /) I -J ".~'
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GUO HARRISON,
Plaintitl'
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY. PENNSYLVANIA
vs.
. NO, 19lJ7 00247
CARTER H. HARRISON,
Defendant
. CIVIL ACT/ON-LAW
. IN DIVORCE
PLAINTIFF'S PETITION FOR SPECIAL RELIEF
I. The Petitioner is Guo Harrison ("Wife"), the Plaintifl'in the above captioned divorce
aClion.
2. The Respondent is Carter H. Harrislln("Husband"), lhe Defendant in the same action.
3. The parties are the owners of certain real estate located at 3 i J Lamp Post Lane, Camp
Hill. Pennsylvania.
4. The parties separated on December 8, 1996, and since that date, have lived separale
and apart.
5. Since lhe parties' separation. Husband has been in sole and exclusive possession of
the marital home referenced above.
6. Said home is encumbered by a joint mortgage tothe Mellon Mortgage Company,
FRl 10:13 FAX 717 766 1980
PUICO GROUP
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1776 Shenn.an Street
Suite 2300
Denver, CO 80203-4302
(80S) 837-2000
Mollon Mortgage Company
12/11/97
GUO HARRISON
313 LAMP POST LN
CAMP HILL
PA 17011
RE: MORTGAGE LOAN #0000788641
INV # 07006
..- _._-.-- ------
- .-.. ....-. ...._'- ." ..-
--.....-.- -.
-.-'" -.
DEAR MORTGAGORS:
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
THE ~ORTGAGE HELD BY MELLON MORTGAGE COMPANY (HEREIN AFTER WE, US
OR OURS) ON YOUR PROPERTY LOCATED AT:
313 LAMP POST LN
CAMP HILL PA 17011
IS IN SERIOUS DEFAULT BECAUSE YOU HAVE NOT MADE THE MONTHLY
PAYMENTS OF $ 973.55 FROM 10/01/97 AND SUBSEQUE~~
PAYMENTS THROUGH THE CURRENT MONTH. LATE CHARGES (AND OTHER
CHARGES) HAVE ALSO ACCRUED TO THIS DATE IN THE AMOUNT OF
$ 82.75. THE TOTAL AMOUNT NOW REQUIRED TO CURE THIS DEFAULT
OR IN OTHER WORDS, GET CAUGHT UP IN PAYMENTS, AS OF THE DATE OF
THIS LETTER IS $ 3003.40
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF THE DATE OF
THIS LETTER BY PAYING TO US THE ABOVE AMOUNT OF $ 3003.40.
PLEASE INCLUDE ANY FEES, LATE CHARGES AND PAYMENTS DUE IN THIS 30
DAY PERIOD. SUCH PAYMENT MUST BE MADE IN CERTIFIED FUNDS
(CASHIER'S CHECK OR MONEY ORDER) AND MADE AT MELLON MORTGAGE
cDMl2lt,.NY.. 1~.7S..S:-!!:?M.l\N--S!P...-;-.STJ!!I'&-BM.-DE~!'-/-BR:, .€C 3023: 4-:-G-2. .----...
IF YOU DO NOT CURE THIS DEFAULT WITHIN THIRTY (30) DAYS WE INTEND
TO EXERCISE OUR RIGHT TO ACCELERATE THE MORTGAGE PAYMENTS. THIS
MEANS THAT WHATEVER IS OWING ON THE ORIGINAL AMO~lT BORROWED WILL
BE CONSIDERED DUE IMMEDIATELY AND YOU MAY LOSE THE CHANCE TO PAY
OFF THE ORIGINAL MORTGAGE IN MONTHLY INSTALLMENTS.
IF FULL PAYMENT OF THE AMOUNT OF THE DEFAULT IS NOT MADE WITHIN
THIRTY (30) DAYS, WE ALSO INTEND TO INSTRUCT OUR ATTORNEYS TO
START A LAWSUIT TO FORECLOSE YOUR MORTGAGED PROPERTY. IF THE
MORTGAGE IS FORECLOSED, YOUR MORTGAGED PROPERTY WILL BE SOLD BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL
FREE AT 1(800) 342-2397
Exhibit "A"
FRI 10:14 FAX 717 766 1960
PHICO GROUP
@
1775 Shennan Street
Suite 2300
Denvsr, CO 80208-4302
(303) 837.2000
~~ ~9 ~RmP'l"'Y
THE SHERIFF TO PAY OFF THE MORTGAGE DEBT. IF WE REFER YOUR CASE
TO OUR ATTORNEYS, BUT YOU CURE THE DEFAULT BEFORE THEY BEGIN
LEGAL PROCEEDINGS AGAINST YOU, YOU WILL STILL HAVE TO PAY THE
REASONABLE ATTORNEY'S FEES, EVEN IF THEY ARE OVER $50.00. ANY
ATTORNEY'S FEES WILL BE ADDED TO WHATEVER YOU OWE US. WHICH MAY
ALSO INCLUDE OUR REASONABLE COSTS. IF YOU CURE THE DEFAULT
WITHIN THE THIRTY DAY PERIOD, YOU WILL NOT BE REQUIRED TO PAY
ATTORNEY'S FEES.
WE MAY ALSO SUE YOU PERSONALLY FOR THE UNPAID PRINCIPAL BALANCE
___ rtND ALIi" O'i'H~SUl'lS' DUE'lJt'<"DER-'TliE MOK'fGJiGB. ~ ~VE NorCOR"EO-
THE DEFAULT WITHIN THE THIRTY DAY PERIOD AND FORECLOSURE
PROCEEDINGS HAVE BEGUN, YOU STILL HAVE THE RIGHT TO CURE THE
DEFAULT AND PREVENT THE SALE AT ANY TIME UP TO ONE HOUR BEFORE
THE SHERIFF'S FORECLOSURE SALE. YOU MAY DO SO BY PAYING THE
TOTAL AMOUNT OF THE UNPAID MONTHLY PAYMENTS PLUS ANY LATE CHARGES
THEN DUE, AS WELL AS THE REASONABLE ATTORNEY'S FEES AND COSTS
CONNECTED WITH THE FORECLOSURE SALE AND PERFORM ANY OTHER
REQUIREMENTS UNDER THE MORTGAGE. IT IS ESTIMATED THAT THE
EARLIEST DATE THAT SUCH A SHERIFF'S SALE COULD BE HELD WOULD BE
APPROXIMATELY SIX (6) MONTHS FROM THE DATE OF THIS LETTER.
A NOTICE OF THE DATB OF THE SHERIFF'S SALE WILL BE SENT TO YOU
BEFORE THE SALE. OF COURSE, THE AMOUNT NEEDED TO CURE THE
DEFAULT WILL INCREASE THE LONGER YOUR WAIT. YOU MAY FIND OUT AT
ANY TIME EXACTLY WHAT THE REQUIRED PAYMENT WILL BE BY CALLING US
TOLL-FREE AT 1-800-458-1017. THIS PAYMENT MUST BE MADE IN
CERTIFIED FUNDS (CASHIER'S CHECK OR MONEY ORDER) AND MADE PAYABLE
TO US AT THE ADDRESS STATED ABOVE.
YOU SHOULD REALIZE THAT A SHERIFF'S SALE WILL END YOUR
OWNERSHIP OF THE MORTGAGED PROPERTY AND YOUR RIGHT TO REMAIN
....IN .IT._ T", you C01\l'T'Tl\lTm :r.c.J..:r:\lE TN THE-<l-R(l.PER!!'~ .J'..P!!'SR THl'..
,
SHERIFF'S SALE, A LAWSUIT COULD BE STARTED TO EVICT YOU.
,
YOU HAVE ADDITIONAL RIGHTS TO HELP PROTECT YOUR INTEREST IN THE
PROPERTY. YOU HAVE THE RIGHT Tq SELL THE PROPERTY TO OBTAIN
MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE
THE RIGHT TO SELL OR TRANSFER THE PROPERTY, SUBJECT TO THE
MORTGAGE TO BUYER OR TRANSFEREE ~O WILL ASSUME THE MORTGAGE
DEBT, PROVIDED THAT ALL OUTSTANDING PAYMENTS, CHARGES AND
ATTORNEY'S FEES AND COSTS ARE P~ID PRIOR TO OR AT THE SALE AND
THAT ANY OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED.
CONTACT US TO DETERMINE UNDER wHAT CIRCUMSTANCES THIS RIGHT
THE PENNSYLVANIA HOUSING FIN~CE AGENCY CAN BE REACHED TOLL
FREE AT 1 (800) 342-2397
..:.I'lJ....oJ
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PHIeo GROUP
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Mollon Mortgago Company
1775 Shuman StrHt
S.il<l 2300
Denver, CO 80203-4302
(303) 837.2000
ACT 6 NOTICE PAGE 3
MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF.
IF YOU CURE THE DEFAULT, THE MORTGAGE WILL BE RESTORED TO
THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. HOWEVER,
-,. Yul,J i'lz(c..."OT' EN n l'tffiD-rO oTHIS' RWhY 'I'D CORE "?UUR lJE'FA"U'L'r (iIDR'E;-"
THAN THREE (3) TIMES IN ANY CALENDAR YEAR 0
YOU HAVE THE RIGHT TO ASSERT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
THE NONEXISTANCE OF A DEFAULT OR ANY OTHER DEFENSE YOU
BELIEVE YOU MAY HAVE TO ANY SUCH ACTION.
IF YOU MAINTAIN CREDIT LIFE OR DISABILITY INSURANCE IN
CONNECTION WITH YOUR MORTGAGE LOAN, YOUR FAILURE TO PAY
PREMIUMS WITH YOUR PAYMENTS MAY HAVE ALREADY RESULTED OR MAY
RESULT IN THE FUTURE IN A LAPSE OR A CANCELLATION OF THAT
INSURANCE BY THE INSURANCE COMPANY. IF THE INSURANCE LAPSES
OR IS CANCELLED, REINSTATEMENT OF THE LOAN WILL NOT
REINSTATE THE INSURANCE, AND YOU WILL HAVE TO APPLY TO THE
INSURANCE COMPANY AND QUALIFY FOR REPLACEMENT INSURANCE IF
YOU WISH TO CONTINUE IT.
IF YOU MAKE PARTIAL PAYMENTS ON ACCOUNT OF THE DELINQUENCIES,
WE MAY ACCEPT THEM AND APPLY THEM TO THE DELINQUENCIES,
HOWEVER, SUCH PARTIAL PAYMENTS WILL NOT CURE YOUR DEFAULT
OR REINSTATE YOUR LOAN UNLESS WE RECEIVE THE ENTIRE AMOUNT
..REQUr.-R-ED-TOoGUR-B.,..'m~,.~ _' __ _._____.____
IF APPLICABLE TO YOUR MORTGAGE LOAN, ENCLOSED IS A NOTICE OF
CERTAIN RIGflTS YOU MAY HAVE UNDER THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983. YOU SHOULD CAREFULLY READ THAT
NOTICE SINCE IT EXPLAINS RIGHTS YOU MAY HAVE UNDER THAT ACT TO
OETAIN MORTGAGE ASSISTANCE TO CURE THE ABOVE DELINQUENCIES AND
POSTPONE THE START OF FORECLOSURE PROCEEDINGS WHILE YOU APPLY FOR
SUCH ASSISTANCE. THE DATES STATED ABOVE FOR ACCELERATION,
FORECLOSURE AND ESTIMATED DATE FOR SHERIFF'S SALE ARE EASED ON
THE ASSUMPTION THAT YOU DO NOT TAKE ADVANTAGE OF ANY RIGHTS YOU
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL
FREE AT 1 (800) 342-2397
FRI 10:15 FAX 717 766 1980
pUleo GROUP
~005
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Mellon Mortgage Company
1775 Sherman Strset
Suite 2SOO
Denver, CO 80203-4302
(SOS) 837.2000
ACT 6 NOTICE PAGE 4
MAY HAVE UNDER THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT
OF 1983. IF YOU DO EXERCISE YOUR RIGHTS UNDER THAT ACT, SUCH
DEADLINES WILL BE EXTENDED TO PERMIT COMPLIANCE WITH THE ACT.
SINCERELY,
MELLON MORTGAGE COMPANY
.~OLLEcrIONS D~
1-800-458-1017
199 FH1
REV 2/95
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Jf)!oll"l NISSley 11010 IUII~I
January 21}, I I}!)!!
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, P A 17110
Re: Harrison
Dear Ed:
I have not had any response from you concerning my letter of November II, 1997, other than a
short memo saying that you would be in touch with me after you mel with your client on
December 16, 1997.
In the meantime, my client tells me a number of things:
I. The mortgage i~ now four months in arrears and the bank is sending the mortgage to a
foreclosure attorney on February I, 1998, and thereafter will commence foreclosure proceedings.
2. Your client has made threats that he is going to destroy the house. Apparently, this is
the beginning of the process.
3. Your client has also indicated that he has not cashed a paycheck in over a year, instead
choosing to live 011' the liquid Ilmds that he took out of the joint account when the panics
separated. 1 can only surmise tbat. under some twisted rationale, he feels that this will prevent
his wile Irom obtaining access to those maritalllmds, once he "destroys the house'"
Unless we have a signed Agreement within seven days of the date of this leller, and performance
under it in accordance witb my last correspondence, this is to notify you that the oller to settle
this case is withdrawn. We will have no choice but to file a I'etition with the Court under the
appropriate provisions of tbe Divorce Code, to enjoin your client from "destroying" the house,
my cliem's credit, or wasting any ti.nlber assels
Exhibit "8"
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(look 1<1Iward 10 your rcply,
J\vP ,JR:CIll
c: Guo Harrison
John:; . Purccll, Jr.
/
FE8-27-199R 09:43
PIJRrELL.KRLIG & ~ALLER
717 233 1149 P.Oh/Ob
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VERIFICATION
I verify that the statements made in the foregoing Petition for Special Relief arc true and correct.
I understand that false statements horein are made subject to the penalties of 18 PA c.s. A 4904
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relating to unsworn falsification to authorities.
Dated:
0) /.; ) I 9 :r
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auo HARRISON
TOTAL P.06
CERTIFICATE OF SERVICE
I, John W. Purcell. Jr., Allorney for the Plaintiff, hereby certify that a true and correct copy
of the foregoing was served on the Defendant by sending said cepy to his attorney of record by firsl
class U.S. mail on March 17. 1998:
Edward J. Weintraub. Esquire
2650 North Third Slreet
Harrisburg, PA 17110
Allorney for Defendant
\
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!oho W. Purcell, Jr., Esquire
/1.0. 29955
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GUO HARRISON,
Plaintitl'
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 199700247
CARTER H. HARRISON,
Defendant
: CIVIL ACTION-LAW
: IN DIVORCE
ORDER OF COURT
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AND NOW, this
\5 tL day of -J:l ovt'.... [,rf
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, 1998, upon review of the
foregoing Pelition for Contempt and for Special Relief, a hearing is scheduled to be held on the
7..tN day of ?J1~ ,~~l.~n Courtroom I, at J:jo 1.M.,.
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
DISTRIBUTION:
John W. Purcell, Jr.. 1719 North Front Streel, Harrisburg, PA 17102-2392 _ t~'" ......lu.G.L /1/n'/?l',
Edward Weintraub, 2650 North Third Street, Harrisburg, Pa 17110
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GUO HARRISON,
Plainlil1'
. IN TIlE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, I'ENNSYL VANIA
vs.
. NO 199700247
CARTER H. HARRISON.
Defendant
. CIVIL ACTION-LAW
. IN DIVORCE
PETITION FOR CONTEI\WT OF COURT AND SPECIAL RELIEF
I. The Petitioner is Guo Harrison ("Wife"), the Plaintitrin the ahove captioned divorce
action.
2. The Respondent is Carter H. Harrison (Husband), the Defendant in the same action.
3. The parties arc the owners of certain real estate located at 313 Lamp Post Lane, Camp
Hill, Pennsylvania, which Defendant is presently in possession of.
4. The Plaintiff had previously filed a Petition for Special Relict: alleging that Husband
had failed to make mortgage payments, which were adversely affecting Wife's credit and which
she believed Husband was doing maliciously and intentionally.
5. At the time of the hearing on the Plaintilrs Petition for Special Relief, the parties
entered into an Agreement, which was conlirmed by Order of Court dated June 17, 1998,
attached hereto as Exhibit "A", in which the Delcndant retained exclusive possession of the
t
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GUO HARRISON,
IN 'rilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
CARTER H. HARRISON,
Defendant
97-0247 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of June, 199B, upon
consideration of PI"intiff's Petition for Special Relief,
and pursuant to an agreement reached in chambers of the
undersigned judge between counsel for the Plaintiff in the
person of John W. Purcell, Jr., Esquire, and counsel for the
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Defendant in the person of Edward J. Weintraub, Esquire, it
is ordered and directed as follows:
1. Defendant will have exclusive possession of
the marital home.
2. In any ultimate equitable distribution of the
matter, Defendant will receive the marital home conditioned
on Plaintiff being released from the mortgage obligation to
the bank.
3. Defendant will maintain the monthly mortgage
payments and keep them current until any settlement or final
decree in the divorce.
4. The Defendant shall reimburse Plaintiff for
her attorneys fees in the amount of $1,000.00 incurred in
this proceeding for special relief.
Exhibit "A"
ACT 91 NOTI CE
IMPORTANT: NOTICE OF HOMEOWNERS'
EMERGENCY MORTGAGE ASSISTANCE PROGRAM
PLEASE READ THIS NOTICE.
YOU MAY BE ELrGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE
AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
DATE: 09/17/98
GUO HARRISON
313 LAMP POST LN
CAMP HILL
PA
17011
RE: ACCOUNT NO.: 0000788641 INV " 07006
313 LAMP POST LN
CAMP HILL
PA
TO:
FROM:
GUO HARRISON
MELLON MORTGAGE COMPANY
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE THAT WILL
PREVENT FORECLOSURE ON YOUR MORTGAGE IF YOU COMPLY WITH THE
PROVISIONS Of. THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT .
OF 1983 (THE "ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY TEMPORARY
ASSISTANCE IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL, YOU HAVE REASONABLE PROSPECT OF RESUMING
YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY
REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY. PLEASE READ ALL OF THIS NOTICE. IT CONTAINS AN
EXPLANATION OF YOUR RIGHTS.
UNDER THE ACT, YOU ARE ENTITLED TO A TEMPORARY STAY OF
FORECLOSURE ON YOUR MORTGAGE FOR THIRTY (30) DAYS FROM THE DATE
OF THIS NOTICE. DURING THAT TIME YOU MUST ARRANGE AND ATTEND A
"FACE-TO-FACE" MEETING WITH A REPRESENTATIVE OF THIS LENDER, OR
WITH A DESIGNATED CONSUMER CREDIT COUNSELING AGENCY. THE PURPOSE
OF THIS MEETING IS TO ATTEMPT TO WORK OUT A REPAYMENT PLAN, OR TO
OTHERWISE SETTLE YOUR DELINQUENCY. THIS MEETING MUST OCCUR IN .
THE NEXT THIRTY DAYS.
IF YOU ATTEND A FACE-TO-FACE MEETING WITH THIS LENDER, OR
WITH A CONSUMER CREDIT COUNSELING AGENCY IDENTIFIED IN THIS
NOTICE, NO FURTHER PROCEEDING IN MORTGAGE FORECLOSURE MAY TAKE
PLACE FOR THIRTY (30) DAYS AFTER THE DATE OF THIS MEETING. THE
NAME, ADDRESS AND TELEPHONE NUMBER OF OUR REPRESENTATIVE IS:
MELLON MORTGAGE COMPANY
1775 SHERMAN STREET, SUITE 2300
DENVER, COLORADO 80203-4302
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE
AT 1 (800) 342-2397
"
Exhibit "B"
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ACT 91 NOTICE
PAGE 2
THE NAMES AND ADDRESS OF DESIGNATED CONSUMER CREDIT
COUNSELING AGENCIES ARE SHOWN ON THE ATTACHED SHEET. IT IS ONLY
NECESSARY TO SCHEDULE ONE FACE-TO-FACE MEETING. YOU SHOULD
ADVISE THIS LENDER IMMEDIATELY OF YOUR INTENTIONS.
YOUR MORTGAGE IS IN DEFAULT BECAUSE YOU HAVE FAILED TO PAY
PROMPTLY INSTALLMENTS OF PRINCIPAL AND INTEREST, AS REQUIRED, FOR
A PERIOD OF AT LEAST SIXTY (60) DAYS. THE TOTAL AMOUNT OF THE
DELINQUENCY IS $ 2029.84 . THAT SUM INCLUDES:
PAYMENTS DUE SINCE 08/01/98 AND ACCURRED LATE CHARGES.
IF YOU HAVE TRIED AND ARE UNABLE TO RESOLVE THIS PROBLEM AT
OR AFTER YOUR FACE-TO-FACE MEETING, YOU HAVE THE RIGHT TO APPLY
FOR FINANCIAL ASSISTANCE FROM THE HOMEOWNERS' EMERGENCY MORTGAGE
ASSISTANCE FUND. IN ORDER TO DO THIS, YOU MUST FILL OUT, SIGN
AND FILE A COMPLETED HOMEOWNERS' EMERGENCY ASSISTANCE APPLICATION
WITH ONE OF THE DESIGNATED CONSUMER CREDIT COUNSELING AGENCIES
LISTED ON THE ATTACHMENT. AN APPLICATION FOR ASSISTANCE MAY ONLY
BE OBTAINED FROM CONSUMER CREDIT COUNSELING AGENCY. THE CONSUMER
CREDIT COUNSEL~NG AGENCY WILL ASSIST YOU IN FILLING OUT YOUR
APPLICATION AND WILL SUBMIT YOUR COMPLETED APPLICATION TO THE
PENNSYLVANIA HOUSING FINANCE AGENCY. YOUR APPLICATION MUST BE
FILED OR POSTMARKED WITHIN THIRTY (30) DAYS OF YOUR FACE-TO-FACE
MEETING.
IT IS EXTREMELY IMPORTANT THAT YOU FILE YOUR APPLICATION
PROMPTLY. IF YOU DO NOT DO SO, OR IF YOU DO NOT FOLLOW THE OTHER
TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY.
AVAILABLE FUNDS FOR EMERGENCY MORTGAGE ASSISTANCE ARE VERY
LIMITED. THEY WILL BE DISBURSED BY THE AGENCY UNDER THE
ELIGIBILITY CRITERIA ESTABLISHED BY THE ACT.
IT IS EXTREMELY IMPORTANT THAT YOUR APPLICATION IS ACCURATE
AND COMPLETE IN EVERY RESPECT. THE PENNSYLVANIA HOUSING FINANCE
AGENCY HAS SIXTY (60) DAYS TO MAKE A DECISION AFTER IT RECEIVES
YOUR APPLICATION. DURING THAT ADDITIONAL TIME, NO FORECLOSURE
PROCEEEDINGS WILL BE PURSUED AGAINST YOU IF YOU HAVE MET THE TIME
REQUIREMENTS SET FORTH ABOVE. YOU WILL BE NOTIFIED DIRECTLY BY
THAT AGENCY OF ITS DECISION ON YOUR APPLICATION.
THE PENNSYLVANNIA HOUSING FINANCE AGENCY IS LOCATED AT 2101
NORTH FRONT STREET, POST OFFICE BOX 8029, HARRISBURG,
PENNSYLVANIA 17105. TELEPHONE NO. (717)780-3800 OR
1(800)342-2397 (TOLL FREE NUMBER). PERSONS WITH IMPAIRED
HEARING CAN CALL (717)780-1869.
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE
AT 1 (800) 342-2397
t
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,{;
ACT 91 NOTICE
PAGE 3
IN ADDITION YOU MAY RECEIVE ANOTHER NOTICE FORM THIS LENDER
UNDER ACT 6 OF 1974. THAT NOTICE IS CALLED A "NOTICE OF
INTENTION TO FORECLOSURE". YOU MUST READ BOTH NOTICES, SINCE
THEY BOTH EXPLAIN RIGHTS THAT YOU HAVE UNDER PENNSYLVANIA LAW.
HOWEVER, IF YOU CHOOSE TO EXERCISE YOUR RIGHTS DESCRIBED IN THIS
NOTICE, YOU CANNOT BE FORECLOSED UPON WHILE YOU ARE RECEIVING
THAT ASSISTANCE.
VERY TRULY YOURS,
COLLECTION DEPARTMENT
MELLON MORTGAGE COMPANY
039 041 ..-.
INV 07006
164
THE PENNSYLVANIA HOUSING FINANCE AGENCY CAN BE REACHED TOLL FREE
AT 1 (800) 342-2397
.,
auo HARRISON,
Plaintiff
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
CARTER H. HARRISON.
Defendant
NO. 97-0247 CIVIL TERM
ORDER OF COURT
AND NOW, this 'S I~ay of December, 1998, upon consideration of the attached
letter from Edward J. Weintraub, Esq., attorney for Plaintiff, the hearing previously
scheduled in this matter for January 7, 1999, is RESCHEDULED to Friday, February 5,
1999, at I :30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
!J.d.!
John Purcell, Jr., Esq.
1719 North Front Street
Harrisburg, P A 17102-2392
Attorney for Plaintiff
Edward Weintraub, Esq.
2650 N. Third Street
Harrisburg, P A 17110
Attorney for Defendant
u ""~ 1:1'<;''1j'
F
:rc
Plaintiff
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
!
l
GUO HARRISON.
.
V8.
· No. 97-247 CIVIL
!'
.
CARTER H. HARRISON.
Defendant
· CIVIL ACTION - LAW
· IN DIVORCE
PRAEClrE TO WITHDRAW ECONOMIC CLAIMS
TO THE PROTHONOTARY:
Kindly mark the economic claims including the alimony claim of Defendant
Carter Harrison withdrawn.
,
t
Edward J. Weintraub
Attorney I.D. # 17441
Attorney for Defendant
2650 North Third Street
Harrisburg, PA 17101
717-238-2200
.1
~
{,
Plaintiff
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY,PENNSYLVANIA
GUO HARRISON,
*
VB.
* No. 97-247 CIVIL
*
CARTER H. HARRISON.
Defendant
* CIVIL ACTION - LAW
* IN DIVORCE
CERTIFICATE OF SERVICE
t
I
,-
I, Emily A. Fritz, Legal Assistant to Edward J. Weintraub, Esquire, hereby
certify that on February 8, 1999, I served a true and correct copy of an
Amended Answer to Complaint in Divorce filed on February 5, 1999, upon John
Purcell, Jr" Esquire, Counsel for Defendant, by depositing same, postage pre-
paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows:
\
I
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:
John W. Purcell, Jr.. Esquire
1719 North Front Street
Harrisburg, PA 17102-2392
\ Iv. 1(1(\
Date:.~
G--- \
- \\.....:C'.
C""\']}, ~'(j
Emily Al F tz '
The Defendant will reimburse the Plaintiff for
attorney's fees incurred in the amount of $1,200.00 within 7
days of the date of this order.
4. The Defendant will provide through counsel
the address of the payroll office for his employer for use in
preparation of the wage attachment order.
By the court,
JOHN W. PURCELL, JR., ESQUIRE
PURCELL, KRUG & HALLER
1719 North Front street
Harrisburg, PA 17102-2392
For the Plaintiff
JOYCE J. MANDEL, ESUQIRE
EDWARD J. WEINTRAUB and ASSOCIATES
2650 North Third Street
Harrisburg, PA 17110
For the Defendant
-(""""
j
MP.II..~l) 26.9") - L\L"'I
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,
GUO HARRISON,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
plaintiff
v.
CARTER H. HARRISON,
Defendant
~~7
97-~ CIVIL TERM
ORDER OF COURT
AND NOW, this 5th day of February, 1999, upon
consideration of the Plaintiff's Petition for contempt of Court
and special Relief, and pursuant to an agreement reached in open
court between the parties and their counsel, it is ordered and
directed as follows:
1. The Defendant, Carter Harrison, is hereby
found in contempt of the Court's order of June 17th, 1998 by
failing to make payments on the mortgage obligation on account
of the marital home.
2. The Defendant will, within 7 days of the date
of this order, either bring the mortgage current, thereby
reinstating the mortgage, if it has not already been done so, or
shall provide proof that the mortgage has been reinstated
through the month of February, if it has been done so.
3. Counsel for the Plaintiff will prepare a
separate order attaching the Defendant's wages through his
employer in the amount of the mortgage commencing the month of
March, 1999, which shall continue in effect until there is
either a settlement in the divorce proceedings or a decision and
determination by the Master and the court, or in the event of a
refinancing of the mortgage whereby the Defendant assumes full
liability for the current mortgage.
;
l
"
QUO HARRISON,
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiff
.
VB.
· No. 97.247 CIVIL
.
CARTER H. HARRISON,
Defendant
· CIVIL ACTION. LAW
· IN DIVORCE
CERTIFICATE OF SERVICE
I, Emily A. Fritz, Legal Assistant to Edward J. Weintraub, Esquire, hereby
certify that on February 26, 1999, I served a true and correct copy of a Petition
to Withraw Appearance upon Carter H. Harrison, Defendant, and John Purcell,
Jr., Esquire, Counsel for Plaitniff, by depositing same, certified mail, restricted
delivery, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania,
addressed as follows:
Mr. Carter Harrison
313 Lamp Post Lane
Camp Hill, PA 17011
John W. Purcell, Jr., Esquire
1 719 North Front Street
Harrisburg, PA 17102-2392
'.'!J I) {n~
Date:cJ '; I,
~
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GUO HARRISON,
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
.
VB.
· No. 97-247 CIVIL
.
CARTER H. HARRISON,
Defendant
· CIVIL ACTION - LAW
· IN DIVORCE
PETITION TO WITHDRAW APPEARANCE
Edward J. Weintraub, Esquire hereby respectfully petitions this Honorable Court
for Leave to Withdraw his appearance as counsel for Defendant, Carter H. Harrison,
and in support thereof, avers as follows:
1. Petitioner is Edward J. Weintraub, Esquire.
2. Respondent is Carter H. Harrison.
3. Petitioner was retained by Respondent on or about April 18, 1997, to
represent him in a domestic relations matter.
4. Petitioner has undertaken such representation but is unable to continue
for the following reasons:
a. There has been a serious failure of communication between Petitioner and
Respondent.
b. Respondent has made various misrepresentations to Petitioner, making
it impossible for Petitioner to effectively perform his role as counsel.
c. Petitioner is unable to effectively represent a client who fails to cooperate
with him.
d. Respondent by his conduct has rendered it unreasonably difficult for
Petitioner to carry out his employment effectively by failing to communicate with him.
Withdrawal is allowed under Rule 1: 16(b)(5) of the Rules of Professional Conduct.
e. Respondent has disregarded an agreement with Petitioner as to fees and
costs and withdrawal is allowed pursuant to Rule 1.16(b)(4) of the Rules of
Professional Conduct.
5. Petitioner has communicated to Respondent that he intends to withdraw
as counsel for Respondent. A true and correct copy of said letters are attached hereto
as Exhibit "A".
WHEREFORE, Petitioner respectfully requests leave to withdraw his
appearance as attorney for Respondent.
Date: 'J-!2...SIili
- -.......
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,
Edward J. Weintraub, Petitioner
lAW OFFICES OF
EDWARD J. WEINTRAUB & ASSOCIATES
PRACTICE lIMITEDTO FAMILY lAW
2650 N. TIIIRD STREET
HARRISDURG. PENNSYLVANIA 17110
(717) 238.2200 FAX - (717) 238-9280 E-MAIL - EWDIVORCE@AOLCOM
Edward I. Weintraub
loyce 1. Mandel
Legal Assistants
Emily A. Fritz
lane 1.. Fisher
FILE COP~
MEMORANDUM
TO: Carter Harrison
11M
FROM: Joyce J. Mandel, Esquire ....0
RE: Attorney-client Relationship
DATE: February 18, 1999
I will try to reach you by phone to get this message across to you as soon as
possible, Carter. Contrary to what you told me February 16 on the phone, payment
still has not been received by Federman and Phelan to reinstate your mortgage and
Attorney Purcell said that you did not drop off a check at his office for attorneys fees.
If you cannot be honest with me, we will withdraw as your counsel.
JJM\eaf
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FAX (7171 238.9280
Plaintiff
--. TN THE COUR'fOr-COMMON PLEA
* CUMBERLAND COUNTY PENNSYLVANIA
*
VB.
* No. 97-247 CIVIL
*
CARTER H. HARRISON,
Dafendant
* CIVIL ACTION - LAW
* IN DIVORCE
PRAECIPE TO WITHDRAW PETITION TO WITHDRAW AS COUNSEL
TO THE PROTHONOTARY:
Kindly withdraw my Petition to Withdraw as Counsel, filed on February 26,
1999.
Respectfully submitted,
..../-1 (
1 . (C,
Date: ~' (0. r I
(CVL~-----
Edward J. Weintraub. Esquire
,>""
--
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ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and
itemizes the assets on the following pages. If an item has been appraised, a copy of
the appraisal report Is attached.
(X) 1. Real property
(X) 2. Motor vehicles
(X) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
( ) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life Insurance policies (indicate face value, cash surrender value and
current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 14. Personal property outside the home
( ) 15. Businesses (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, workman' s
compensation claim/award
( ) 17. Profit sharing plans
I
( ) 18. Pension plans (indicate employee contribution and date plan vests) ~
( ) 19. Retirement plans, Individual Retirement Accounts 0
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
22. Military/V.A. benefits
( ) 23. Education benefits
( ) 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category and
attach itemized list if distribution of such assets is in dispute
( ) 26. Other
t
Harrison v. Harrison
No. 97-247 Civil
"
\
25. ASSETS OF PARTIES
Marital Personal Prooerty to Husband:
Furniture, furnishings, fixtures, goods, appliances, equipment and personal
items within the former marital residence, except those items on list to be delivered
to Wife.
Marital Personal Propertv to Wife:
Recliner
C.D. Tower
Cassettes and Y2 C.D.s
486 computer and software
Humidifier
Sonic Jewelry Cleaner
Iron and ironing board
Cuisinart Blender
Bamboo Steamer
Meat pounder
Soap stone bookends
Cheesecake spring pan
Bookshelf
Whole wool basket
G.E. gas dryer
Fishing rod and % Bass Pro fishing lures
All Wife's personal records
All personal pictures and % wedding pictures
All books Wife bought during marriage
All clothes
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LIABILITIES OF PARTIES
Plaintiff marks on the list below those items applicable to the case
at bar and itemizes the liabilities on the following pages,
Secured
(X)
1 . Mortgages
( )
2. Judgments
( )
( )
3. Liens
4. Other secured liabilities
Unsecured
( )
( )
( )
5. Credit card balances
6. Purchases
7. Loan payments
8. Notes payable
9. Other unsecured liabilities
( )
( )
ContinQent or Deferred
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( ) 11. Promissory notes
( ) 12. Lawsuits
( ) 13. Options
( I 14. Taxes
( ) 15. Other contingent or deferred liabilities
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GUO HARRISON,
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY,PENNSYLVANIA
Plelntlff
.
VB.
· No. 97.247 CIVIL
.
CARTER H. HARRISON,
Defendant
· CIVIL ACTION. LAW
· IN DIVORCE
INCOME AND EXPENSE STATEMENT
Attached hereto is the Income and Expense Statement of Defendant
submitted pursuent to Pa. R.C.P. No. 1920.31.
~~)
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
ATTORNEY FOR DEFENDANT
1'"'
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'1'OTAL INCOME $ ze;, 1.,-1.72
/ "
Weekly Monthly Yearly
(Fill in appropriate Column)
EXPENSES
Home ?3?fJl
Mortgage/rent $ S S
Maintenance /(J~,/JIJ
Utilities
Electric / / (J()P
GaB '"'JI~~
Oil I,J'!.(J;/
Telephone o!l.PI
Water
Sewer
Employment
'Public $ $ $
transportation
Lunch ~" (),/J.'J -fAJ 98.4)
Taxes
Real Estate $
Personal property
Income
Insurance
Homeowners $ $ $
Automobile {,
.f (JI'J,,?,J
Life
Accidcnt
Hcalth
Other
Automobile
Paymcnts S $ $
Fuel '?'r'-f}'7
Rcpairs 111Jt~(J(!
Education
Private School $ $ $
Parochial School
Collcec
Weeltly Monthly Yearly
(Fill in appropriate column)
Medical
Doctor $ g $
Dentist
Orthodontist
Hospital
Medicine
Special needs (glasses,
braces, orthopedic
devices)
Religious
Personal
Clothing $-- $ /5/1./J,' $
Food .?Ih,(M
Barber/hairdresser / ~:/J/I
Credit payments
Credit Card
Charge Account
Memberships
Loans
Credit Union $ $ $
Miscellaneous
Household help $ $ $
Child care
Papers/books/ .~aJ
magazines
Entertainment '1 "' -.,
f--.{./
Pay TV
Vacation
Gift s
Le ga 1 fees I'~ /J,11J
Chad table
contributions
Other child support
Alimony payments --
Other
$ $ $
Total Expen:;c~!; S-IJLJ.lt'. S _V}JJP S _'tJ16M
,
I'ROPERTY OWNED
Ovnerohip*
Value H W J
;"-/CU ~__
J..) /.J"~,;)'J "X
,.-il_ ___
~
Checking accounto
Savings accounts
Credit Union
Stocks/bonds
Real estate
Other
Deocription
..[, r97 tI,lie' .1
F/r~ tI~lil}f]
$
"~ .
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CN4 ,4t:Liu,rJ-
3/3 ili'y/).~1 LII
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,
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$--
--.::L
..A..__
Total
$
INSURANCE
pou2yverage*
No. H W C
Company
Hospital
Blue Cross
Other
Medical
Blue Shield
Other
Health/Accident
Disability Income
Dental
Other
---
---
---
---
---
---
---
*H - Husband; W = Wife; J = Joint; C = Child
SUPPLEMENTAL INCOME STATEMENT
(If you are self-employed or if you are salaried by a business
of which you are owner in whole or in part, you must complete
this form in addition to the Income and Expense Statement.)
(a) This form is to be filled out by a person (check one):
(1) who operates a business or practices a profession, or
(2) who is a member of a partnership or joint venture. or
(3) who is a shareholder in and is salaried by a closed
corporation or similar entity.
(b) Attached to this statement a copy of the following documents relating
to the partnership. joint venture. business. profession. corporation or
similar entity:
(1) the most recent
(2) the most recent
Federal Income Tax Return,
Profit and Loss Statement.
and
(c) Name of business:
Address and
Telephone Number:
(d) Nature of business
(check one)
(1) partnership
(2) joint venture
(3) profession
(4) closed corporation
(5) other
(e) Name of accountant. controller, or other person in charge of
financial records:
(f) Annual income from business:
(1) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4) Specified deduction, if any:
I verify that the statements made in this Income and Expense
Statement are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relatinc
to unsworn falsification to authorities.
Date Plaintiff or Defendant
OOlll. ReI. - 7,1 Rwtl, I ~-'J7
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and
itemizes the assets on the following pages. If an item has been appraised, a copy of
the appraisal report is attached.
I-
I
i
(X) 1. Real property
(X) 2. Motor vehicles
(X) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
( ) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life Insurance policies (indicate face value, cash surrender value and
current beneficiaries)
( ) 10. Annuities
11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 14. Personal property outside the home
( ) 15. Businesses (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, workman' s
compensation claim/award
( ) 17. Profit sharing plans
( ) 18. Pension plans (indicate employee contribution and date plan vests)
( ) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. Military/V.A. benefits
( ) 23. Education benefits
( ) 24. Debts due. including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category and
attach itemized list if distribution of such assets is in dispute
( ) 26. Other
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LIABILITIES OF PARTIES
Plaintiff marks on the list below those items applicable to the case
at bar and itemizes the liabilities on the following pages.
Secured
(X)
1 . Mortgages
( )
( )
( )
2. Judgments
3. Liens
4. Other secured liabilities
Unsecured
( )
( )
( )
( )
( )
5. Credit card balances
6. Purchases
7. Loan payments
8. Notes payable
9. Other unsecured liabilities
Contingent or Deferred
( ) 10. Contracts or Agreements
( ) 11. Promissory notes
( ) 12. Lawsuits
( ) 13. Options
( ) 14. Taxes
( ) 15. Other contingent or deferred liabilities
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TOTAL INCOME $ -,zc;) I:'J 'i 7.2
..
Weekly Honthly Yearly
(Fill in appropriate Column)
,
EXPENSES
Home 7 J J.I//
Mortgage/rent $ $ s
Maintenance /llt', //;J
Utilities
Electric I / (11M
Gas "3fM19-
Oil I :Jf?f/t,
Telephone (/IJ,f/ I
Water
Sewer
EmploY,JDent
Public $ $ $
transportation
Lunch : lJ.!~'1 I ~ "h~!j'
Taxes
Real Estate $
Personal property
Income
Insurance
Homeowners $ $ $
Automobile ~ IJ/'VJ,?
Life
_.._.__.._--~_.
Accident
Health
Other
Automobile
Payments .' S S
" .. .....-..-.----
Fuel . .._jt!{l~_
Hepairn lj !?/J,f)~
Education
Private Schoo) ~ $ $
'.' ~- ---
Parochial Schnn)
Collcgl' - - --------.-----
Weekly Monthly Yearly
. . (Fill in appropriate column)
Medical
Doctor $ ~ $
Dentist
Orthodontist
Hospital
Medicine
Special needs (glasses,
braces, orthopedic
devices)
Religious
Personal
Clothing $ $ 151!./l' $
Food ,~(h,(M
Barber/hairdresser Ij:!l(/
Credit payments
Credit Card
Charge Account
Memberships
Loans
Credit Union $ $ $
Miscellaneous
Household help $ $ $
Child care
Papers/books/ ~
magazines
Entertainment "'i{),;)1
Pay TV
Vacation
Gifts
Legal fee!) 4 /J;J IJ
Charitable
contributions
Other child support
^ li mony paymelltr; --
Other
$ S $
Total EXIH'IlBPB " UCI,t't' $ 1.J?Jtjl $ 'l ~ (l/J Oji
..'
, l'ROPEilTY OWNED
Checking accounts
Savings accounts
Credit Union
Stocks/bonds
Real estate
Other
Description
-r, r fl tI'll { .}
r 11 .:r tI mtJl]
s
Value
;.,-/ t I J
J-) !:..,I,:;"
- ",...
Ovnership*
H W J
"''', .
,
i
f
-.(
---
"
---
,-/IN/? Ji,.'i"-IIrt
J/3 L/lIIY j}..;1 LII
()III'I'I/I,i lit'll';'"
.
---
.
/2,1~.'JI;-'
/ ll';' I/I'/Ii
.
t}I",(ttl
,
$--
--x
L__
Total
s
INSURANCE
Company
Po li~yverage*
No. H W C
Hospita 1
Blue Cross
Other
Medical
Blue Shield
Other
Health/Accident
Disability Income
Dental
Other
---
---
---
---
---
---
---
---
---
*H = Husband; W = Wife; J = Joint; C = Child
SUPPLEMENTAL INCOME STATEMENT
(If you are self-employed or if you are salaried by a business
of which you are owner in whole or in part, you must complete
this form in addition to the Income and Expense Statement.)
(a) This form is to be filled out by a person (check one):
(1) who operates a bUSiness or practices a prOfeSSion, or
(2) who is a member of a partnership or joint venture, or
(3) who is a shareholder in and is salaried by a closed
corporation or similar entity.
(b) Attached to this statement a copy of the following documents relating
to the partnership, joint venture, business, profession, corporation or
similar entity:
(1) the most recent Federal Income Tax Return, and
(2) the most recent Profit and Loss Statement.
(c) Name of business:
Address and
Telephone Number:
(d) Nature of business
(check one)
(1) partnership
(2) Joint venture
(3) profession
(4) closed corporation
(5) other
(e) Name of accountant, controller, or other person in charge of
financial records:
(f) Annual income from business:
(1) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4) Specified deduction, if nny:
I verify that the statementn made in this Income and Expense
Statement 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 fnlsification to authorities.
Date
Plnintiff or Defendant
/)0111 Rei 71
I~"'d 1"17
?r. "I r:.:
c
., ,'.
1 . ~
ll.1(.-.) - .'
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, \D : ~,
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li> c- " J
" . ; a...
I .-
., CO' :'1
l,) c.' , )
"
,
INCOME AND EXPENSE STATEMENT OF
~
I verify that the otatemento mode in thio Income and Expenoe
Statement are true and correct. I underotand that faloe
otatemento herein are mode oubject to the penaltieo of 18 Po.
C.S. ~ 4904 relating to unoworn faloification to 8uthoritieo.
'1 /r;/9p C~I:7Z'! -V rlG~/'~~
Dat,e / (. f Plaintiff or Defendant
INCOME
Employer: ~t2r/cil/ ~7tt'z""
Addreso: R 1~ 7 g ~ . ~/lllqtlttlrt3h ) NJ I"JrJlI(J
Type of Work: O~~~~ ~f9J~r
Payroll Number: t)(} t7
Pay Period (weekly, biweekly, etc.): b,wtJt'I"IIv
I
Gross Pay per Pay Period: $ /()tfJ-I/(Y
Itemized Payroll Deductiono:
federal Withholding $
Social Security
Local Wage Tax
State Income Tax
Retirement
Savings Bonds
Credit Union
J IO,1J(}
1tf,PtJ
I tJ)fJ
'33/)}
Life Insurance
Health Insurance
Other (specify)
Net Pay Per Pay Period:
OTHER INCOME:
77/,6)0
$
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Week Month Year
(Fill in Appropriate Column)
$ $ If;!.,'i/ $
'3 O(),~
2rrJJ
Unemployment Compo
Workmen's Compo
Totl1J
0~.l~L
- ,./~/.
~.&;V.L
i-_____
.(.
'IOTAL INCOME $ ZCI) 1.7'/72
" I
Weekly Monthly Yearly I
(Fill in appropriate Column)
EXPENSES
Home "
Mortgage/rent $ s r'i 3,IJ/ s
Maintenance / (}~,/)tJ
Utilities
Electric 1/ (J 1J/1
Gas "5f5.M
Oil /5'I.(J"
Telephone 5'f).tJp
Water
Sewer
Employment
Public $ $ $
transportation
Lunch ~" ~!J.'/ -fA1 18,4)'
Taxes
Real Estate $
Personal property
Income
Insurance
Homeowners $ $ $
Automobile "
.t (J{J,,?,7
Life
Accident
Health
o t he r
Automobile
Payments $ $ $
Fuel 'jr'-(J'7
Repairs II fJ/),!)tJ
Education
Private School $ $ $
Parochial School
College
Weekly Monthly Yearly
(Fill in appropriate column)
i
Medical ~
Doctor $ ~ $
Dentist
Orthodontist c
.
Hospital
Medicine
Special needs (glaoses,
braces, orthopedic
devices)
Religiouo
Personal
Clothing $ $ / ff#' Il,' $
Food ? (h,/JJ
Barber/hairdresser I j; 111
Credit payments
Credit Card 1
Charge Account I
Memberships
i
Loans "1
Credit Union $ $ $ !
I
!
Misce Uaneous
Household help $ $ $
Child care
Papers/books/ ~
magazines
Entertainment 1. ., 'i'
I...t..' .
Pay TV
Vacation
Gifts
Legal fees /J (J,/,1 /J
Charitable
contributions
Other child support
A I imony payments --
Other
$ $ $
Tot111 Expenne:j $ ..) iQltt $,_1- J7'Jtj'l $ .._'ISfII,{!(i
SUPPLEMENTAL INCOME STATEMENT
I
,
I
~
f
(If you are self-employed or if you are salaried by a business
of which you are owner in whole or in part, you must complete
this form in addition to the Income and Expense Statement.)
(a) This form is to be filled out by a person (check one):
(1) who operates a business or practices a profession, or
(2) who is a member of a partnership or joint venture, or
(3) who is a shareholder in and is salaried by a closed
corporation or similar entity.
(b) Attached to this statcment a copy of the following documcnts relating
to the partnership, joint venture, business, profession, corporation or
similar entity:
(1) the most recent
(2) the most recent
Federal Income Tax Return,
Profit and Loss Statement.
and
(c) Name of business:
Address and
Telephone Number:
(d) Nature of business
(check one)
(1) partnership
(2) joint venture
(3) profession
(4) closed corporation
(5) othcr
(e) Name of accountant, controller, or other person in charge of
financial records:
(f) Annual income from business:
(1) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4) Specified deduction, if any:
I verify that the statements made in this Income and Expense
Statement are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relatinll
to unsworll falsification to authorities.
Date
Plaintiff or Defendant
DOIII Rei ,7.\
I~ \I'd I ~ ,In
Personal Propertv:
Soe Defendant's Inventory and Appraisement attached.
10, Marital Debts as of the parties date of seoaration:
9,
Mortgage on the marital home, to be assumed by the Defendant,
11. Proposed Resolution of Economic Issues:
Because the parties marital assets can be traced directly to inheritances
received by Husband, the following distribution is proposed as equitable:
~
~
Husband
~
Real Property
Lamp Post Lane Home
$145,000
- 85,000
$ 60,000
$ 8,127
$ 8,619
$ 1,500
$ 46,700
$ 1 .500
$126,446
100%
$ 43,246
34%
$ 60,000
1995 Mercury Sable
Schwab Account
appreciation
PSECU Joint Account
Merrill Lynch Appreciation
$ 8,127
$ 8,619
$ 1,500
$ 25,000 *
$ 21,700
$ 1.500
$ 83,200
66%
Although entitled to alimony from Wife due to her superior income,
Husband will waive alimony,
. $1 0,000 of Wife's portion of this account was previously received by her.
Re pe-ctfl.ilIY~.3~itted:
.~..-
ard J, Welntrau , Esquire
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
10#17441
A HORNEY FOR DEFENDANT
l
~
.
.'
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and
itemizes the as sots on tho following pages. If an item has bean appraised, a copy of
the appraisal report is attached.
(X) 1. Real property
(X) 2. Motor vehicles
(X) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
( ) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
8, Trusts
( ) 9. Life Insurance policies (indicate face value, cash surrender value and
current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
13, Patents, copyrights, inventions, royalties
14. Personal property outside the home
15. Businesses (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, workman' s
compensation claim/award
( ) 17. Profit sharing plans
( ) 18, Pension plans (indicate employee contribution and date plan vests)
( ) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21, Litigation claims (matured and unmatured)
( ) 22. Military/V.A. benefits
( ) 23. Education benefits
( ) 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category and
attach itemized list if distribution of such assets is in dispute
( ) 26, Other
Harrison v. Harrison
No. 97.247 Civil
25, ASSETS OF PARTIES
Marital Personal Property to Husband:
Furniture, furnishings, fixtures, goods, appliances, equipment and personal
items within the former marital residence, except those items on list to be delivered
to Wife,
Marital Personal Propertv to Wife:
Recliner
C.D, Tower
Cassettes and Yz C.D.s
486 computer and software
Humidifier
Sonic Jewelry Cleaner
Iron and ironing board
Cuisinart Blender
Bamboo Steamer
Meat pounder
Soap stone bookends
Cheesecake spring pan
Bookshelf
Whole wool basket
G,E. gas dryer
Fishing rod and Yz Bass Pro fishing lures
All Wife's personal records
All personal pictures and Yz wedding pictures
All books Wife bought during marriage
All clothes
,
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LIABILITIES OF PARTIES
t
"
Plaintiff marks on the list below those items applicable to tho case
at bar and itemizes the liabilities on the following pages.
Secured
(X)
( )
( )
( )
1 . Mortgages
2. Judgments
3, Liens
4. Other secured liabilities
Unsecured
( )
( )
( )
( )
( )
5. Credit card balances
6. Purchases
7. Loan payments
8. Notes payable
'.
9. Other unsecured liabilities
Continc;lent or Deferred
( ) 10. Contracts or Agreements
( ) 11. Promissory notes
( ) 12. Lawsuits
( ) 13. Options
( I 14. Taxes
( ) 15. Other contingent or deferred liabilities
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Plaintiff
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY,PENNSYLVANIA
GUO HARRISON,
.
va.
· No. 97.247 CIVIL
.
CARTER H. HARRISON,
Defendant
· CIVIL ACTION. LAW
· IN DIVORCE
INCOME AND EXPENSE STATEMENT
Attached hereto is the Income and Expense Statement of Defendant
submitted pursuant to Pa, R.C.P. No. 1920.31.
~~)
Edward J. Weintraub, Esquire
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
""'1
x
^'
~
ATTORNEY FOR DEFENDANT
,.,
.
INCOME AND EXPENSE STATEMENT OF
I verify that the otatements madc in thio Income and Expcnsc
Statement are true and correct. I undcrotand that faloc
otatemento hcrein are made oubject to the penalties of 18 Po.
C.S. ~ 4904 relating to unsworn falsification to authorities.
'1/g/9p L~l!,:;Z;J_ ~ a~/'~
Dat,e / '- f Plaintiff or Defendant
~
i
!
,
INCOME ~. ~ ~'
Employer: t2rlC 1/ C'r1?
Address: R :1~ 7; g ~ ~ ~4.. ~/lIl~tltt~t3h) NJ drill!,
Type of Work: O~~~ fl:;j1~r
Payroll Number: ~O. f7()
Pay Period (weekly, biweekly, ctc.): b,wtJf?!dv
Gross Pay per Pay Period: $ ItI~(?j7 I
Itemized Payroll Deductions:
federal Withholding $
Social Security
Local Wage Tax
State Income Tax
Retirement
Savings Bonds
Credit Union
J IO./)(}
1tf,PtJ
/ t.!)fJ
3101
I
i
.
.
Life Insurance
Health Insurarice
Other (specify)
Net Pay Per Pay Period:
OTHER INCOME:
$
77/'00
Wcek
Month
in Appropriate
$ !fJ.., 'i I
Year
(Fill
Column)
$
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment Compo
Workmen's Compo
$
'300,1'$
2IYJJ
Total
$ '3 t! 1S/
L:?-.41:f
L___
'IOTAL INCOME $ -ZCl, 1.;-1.72
, "
Weekly Monthly Yearly
(Fill in appropriate Column)
EXPENSES
Home 733,/J/
Mortgage/rent $ S $
Maintenance / (}f!, /)17
Utilities
Electric / / (J1J11
Gas '91~
Oil /5'/,(J"
Telephone O!J.tJ p
Water
Sewer
Employment
Public $ $ $
transportation
Lunch ~" ~!J.'/ -fA1 %/ty
Taxes
Real Estate $
Personal property
Income
Insurance
Homeowners $ $ . . $
Automobile ~ 1J{J,,'J,7
Life
Accident
Health
Other
Automobile
Payments $ $ $
Fuel '3t'-(t7
Repairs II 1?/),fJI'
Education
Private School $ $ $
Parochial School
College
Weekly Monthly Yearly
(Fill in appropriate column)
Medical t
Doctor $ ~ $
,
Dentist ,
I
/
,
Orthodontist il-
I
Hospita 1 ,
Medicine
Special needa (glaases,
braces, orthopedic
devices)
Religious
Peroonal
Clothing $ $ / ff~/J" $
Food ,'1~,(1J
Barber/hairdresser /j;/1'1
Credit payments
Credit Card
Charge Account
Memberships
Loans
Credit Union $ $ $
Miscellaneous
Household help $ $ $
Child care
Papers/books/ ~
magazines
Entertainment 1. ., .,.
(.',L.'I
Pay TV
Vacation
Gifts
Legal fees /J!J,11J
Charitable
contributions
Other child support
Alimony payments --
Other
$ $ $
Total Expenses $ .JJ.Iltt!- S ~J1JJ.'1 $ _'ti1td
SUPPLEMENTAL INCOME STATEMENT
(If you are self-employed or if you are salaried by a busineos
of which you are owner in whole or in part, you must complete
this form in addition to the Income and Expense Statement.)
(a) This form is to be filled out by a person (check one):
(1) who operates a business or practices a profession, or
(2) who is a member of a partnership or joint venture, or
(3) who is a shareholder in and is salaried by a closed
corporation or similar entity.
(b) Attached to this statement a copy of the following documents relating
to the partnership, jOint venture, business, profesSion, corporation or
similar entity:
(1) the most recent
(2) the most recent
(c) Name of business:
Address and
Telephone Number:
(d) Nature of business
(check one)
(1) partnership
(2) joint venture
(3) profession
(4) closed corporation
(5) other
Federal Income Tax Return,
Profit and Loss Statement.
and
(e) Name of accountant, controller, or other person in charge of
financial records:
(f) Annual income from business:
(I) How often is income received?
(2) Gross income per pay period:
(3) Net income per pay period:
(4) Specified deduction, if any:
I verify that the statements made in tllis Income and Expense
Statement are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. I 4904 relating
to unsworn falsification to authorities.
Date
Plaintiff or Defendant
DOln, Rei. ' 71
Rwd 12.97
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and
itemizes the assets on the following pages. If an item has been appraised, a copy of
the appraisal report is attached,
(X) 1. Real property
(X) 2, Motor vehicles
(X) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
( ) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life Insurance policies (indicate face value, cash surrender value and
current beneficiaries)
( ) 10. Annuities
11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 14, Personal property outside the home
( ) 15, Businesses (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, workman' s
compensation claim/award
( ) 17, Profit sharing plans
( I 18. Pension plans (indicate employee contribution and date plan vests)
( ) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( I 22. MilitarylV.A. benefits
( ) 23. Education benefits
( I 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category and
attach itemized list if distribution of such assets is in dispute
( ) 26. Other
Harrison v. Harrison
No. 97.247 Civil
l
r
r,
25. ASSETS OF PARTIES
Marital Parsonal Prooerty to Husband:
Furniture, furnishings, fixtures, goods, appliances, oquipment and personal
items within the former marital residence, except those items on list to be delivered
to Wife.
Marital Personal Propertv to Wife~
Recliner
C.D. Tower
Cassettes and Y. C.D.s
486 computer and software
Humidifier
Sonic Jewelry Cleaner
Iron and ironing board
Cuisinart Blender
Bamboo Steamer
Meat pounder
Soap stone bookends
Cheesecake spring pan
Bookshelf
Whole wool basket
G,E. gas dryer
Fishing rod and Y. Bass Pro fishing lures
All Wife's personal records
All personal pictures and Y2 wedding pictures
All books Wife bought during marriage
All clothes
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LIABILITIES OF PARTIES
Plaintiff marks on the list below those items applicable to the case
at bar and itemizes the liabilities on the following pages.
Secured
(X)
1 . Mortgages
( )
( )
( )
2. Judgments
3. Lions
4. Other secured liabilities
Unsecured
( )
( )
( )
5. Credit card balances
6. Purchases
7. Loan payments
( )
( )
8. Notes payable
9. Other unsecured liabilities
Contingent or Deferred
( ) 10. Contracts or Agreements
( ) 11, Promissory notes
( ) 12. Lawsuits
( ) 13. Options
( ) 14. Taxes
( ) 15. Other contingent or deferred liabilities
GUO HARRISON.
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LA W
CARTER H. HARRISON.
Defendant
NO, 97-0247 CIVIL TERM
AND NOW, this
ORDER OF COURT
\ 1\\"day of March, 1999, upon consideration of the Praecipe to
Withdraw the Petition to Withdraw as Counsel, the Rule issued in this matter on March 2,
1999, is DISCHARGED.
BY THE COURT.
/
~ (l.
J.
John W. Purcell, Jr., Esq,
17 I 9 North Front Street
Harrisburg, P A 17102-2392
Attorney for Plaintiff
Edward J, Weintraub, Esq,
2650 North Third Street
Harrisburg. PA 17110
Attorney for Defendant
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QUO HARRISON,
Plaintiff
vs,
CARTER H, HARRISON,
Defendant
: NO, 97-247-CIVIL
: CIVIL ACTION-LAW
: IN DIVORCE
ORDER FOR RELEASE OF ATTACHMENT OF
WAGES. SALARIES AND COMMISSIONS
TO: AMERICAN APPLIANCE
Route 73 and Hylton Road
Pennsauken, New Jersey 08110
The Order of the Court dated February 9, 1999 attaching the wages, salaries
and commissions of Carter H, Harrison is hereby released and you are directed to
discontinue the attachment of the wages, salaries and commissions of Carter H,
Harrison, social security number 129-38-6129, effective May 24, 1999,
BY THE COURT,
/
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D~te: mI.,", lJ7 {'In
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Il. J
Jr. esley Oler, Jr.(Judge - :-;
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Plaintiff
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY,PENNSYLVANIA
c
GUO HARRISON.
.
VB.
· No. 97-247 CIVIL
.
CARTER H. HARRISON,
Defendant
. CIVIL ACTION - LAW
· IN DIVORCE
STIPULATION FOR THE TERMINATION OF WAGE ATTACHMENT
AND NOW, this 21 st day of May, 1999, counsel for the parties herein, being
authorized by their clients to do so, mutually stipulate as follows:
1. Pursuant to an Order of the Court dated February 9, 1999, and
commencing in March, 1999, Defendant's wages from his employer, American
Appliances, were attached in the amount of $ 1 ,01 9.49 per month, the amount of
the Mellon Bank mortgage on the marital home at 313 Lamp Post Lane, Camp Hill,
Pennsylvania, to continue until there was a settlement in the parties' divorce
proceedings and a further Order of Court,
2, On April 27, 1999, the parties signed a Separation and Property
Settlement Agreement in which Plaintiff agreed to transfer to Defendant all of her
interest in and title to the real estate located at 313 Lamp Post Lane, Camp Hill,
Pennsylvania,
3. On May 21, 1999. the parties' joint debt for the Mellon Bank
mortgage on the home at 313 Lamp Post Lane, Camp Hill, Pennsylvania, was solely
LAW OFFICES OF
EDWARD J. WEINTRAUB & ASSOCIATES
I'IlACI'lCE l.I~lITl.IlTll I'AMIIY lAW
2(,\0 N. TIIIIlIl STllITT
I/AllIlISIIUIl(;,I'ENNSYIVANI,\ 17110
(717) 2'IH,22!)!) I'AX, (717) 2'IH,<J2110 E,MAII,' EIVIJIVllIIC[""AOI,.l'O'"
Edward J. Weintraub
Joyce J, Mandel
legal Assistants
Emily A, Fritz
Jane'L, Fisher
MEMORANDUM
TO:
Bob Elicker
FROM:
Edward J. Weintraub, Esq.
RE:
Harrison v. Harrison
DATE:
February 8, 1999
A Motion for Appointment of Master in the above divorce action was filed on
January 28, 1999. A subsequently filed Amended Answer to the Divorce Complaint
includes a count for spousal support and alimony. This is to confirm that we do not
need to amend your appointment to have our alimony claim heard, if a hearing
proceeds in this matter.
EJW:jlf
DICTATED BUT NOT READ
~
[
tllEW MATTER
"
COUNT I
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER ~3323, ~3501, ~3502 and ~3503
OF THE DIVORCE CODE
1. Defendant requests the Court to equitably divide, distribute or
assign the martial property between the parties without regard to marital
misconduct in such proportion as the Court deems just after consideration of all
r
.
,
,
relevant factors,
WHEREFORE, Defendant respectfully requests the Court to enter an
order of equitable distribution of marital property pursuant to Sections 3323, 3501,
3502 and 3503 of the Divorce Code.
COUNT II.
REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
PENDENTE LITE AND ALIMONY
UNDER ~3701, ~3702 and ~3704 OF THE DIVORCE CODE
2. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
3. Plaintiff is unable to sustain himself\herself during the course of
litigation,
4, Plaintiff lacks sufficient property to provide for hislher
reasonable needs and is unable to sustain himselflherself through appropriate
employmant.
5. Plaintiff requests the Court to enter an award of spousal support
I
,
,
I
and/or alimony pendente lite until final hearing and thereupon to enter an order of
alimony in hislher favor pursuant to Sections 3704 of the Divorce Code,
WHEREFORE, Plaintiff respectfully requests the Court to enter an
award of spousal support and/or alimony pendente lite until final hearing and
thereupon to enter an order of alimony in hislher favor pursuant to Sections 3701,
3702 and 3704 of the Divorce code.
COUNT III.
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
UNDER SECTION 3104
OF THE DIVORCE CODE
6. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
7, The public policy of the Commonwealth of Pennsylvania
encourages parties to a marital dispute to negotiate a settlement of their
differences,
8. While no settlement has been reached as of the date of the
filing of this Complaint, Defendant is and has always been willing to negotiate a fair
and reasonable settlement of all matters with Plaintiff.
t
9,
To the extent that a written settlement agreement might be
1.
entered into between the parties prior to the time of hearing on this New Matter,
Defendant desires that such written agreement be approved by the Court and
incorporated in any divorce decree which may be entered dissolving the marriage
between the parties.
WHEREFORE, if a written settlement agreement is reached between
the Parties prior to the time of hearing on this New Matter, Defendant respectfully
requests that, pursuant to Section 3104 of the Divorce code, the Court approve
and incorporate such agreement in the final divorce decree,
Respectfully submitted:
~~.
A... )
BY:
EDWARD J. WEINTRAUB, ESQUIRE
2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
ID#17441
ATTORNEY FOR DEFENDANT
Date: --r~' c