HomeMy WebLinkAbout07-2496MELISSA A. HARRIS, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. (2l u
JASON E. HARRIS, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN sued in Court. If you wish to defend against the
claims set forth in the following pages, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a Decree in 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 divorce is indignities or irretrievable breakdown of
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania.
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 ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea
defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe
tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes
a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de
tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo
por cualquier sums de dinero reclamada en la demanda o cualquier otra reclamaci6n o
remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes
para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A
LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIER UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO O BAJO COSTO A PERSONAS QUE CUALIMCAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
MELISSA A. HARRIS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. :No. y94
L JASON E. HARRIS, CIVIL ACTION -LAW
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is Melissa A. Harris, an adult individual currently
residing at 623 Carol Street, New Cumberland, Cumberland County, Pennsylvania.
17070.
2. The Defendant is Jason E. Harris, an adult individual residing at 623
Carol Street, New Cumberland, Cumberland County, Pennsylvania. 17070.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on September 29, 2001, in
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant have lived separate and apart within the same
household since on or about March 26, 2007.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301(c) - The marriage of the parties is irretrievably
broken.
B. Section 3301(d) - The marriage of the parties is irretrievably
broken. The parties have lived separate and apart within the same
household since on or about March 26, 2007.
9. Plaintiff has been advised of the availability of marriage counseling
and understands that she may request that her spouse and she participate in counseling.
10. Plaintiff does not request that the Court require that her spouse and
she participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
a final decree in divorce.
COUNTI
EQUITABLE DISTRIBUTION
11. Paragraphs one through ten are incorporated herein by reference.
12. During their marriage, Plaintiff and Defendant have acquired various
items of marital property, both real and personal, which are subject to equitable
distribution under Sections 3501 et.sea. of the Divorce Code of 1980.
WHEREFORE, Plaintiff respectfully requests this Honorable Court
equitably distribute all marital property, both real and personal, owned by the parties.
Date:
Respectfully submitted,
THE LAW OFFI ES OF
SILLIKER &RIx"fGLq
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 57911
Kristin Reinhold, Esquire
5922 L' glestown Road
Attorney for Melissa A. Harris
AFFIDAVIT
I, Ii? ?1,? SSA} (911.5 , hereby certify that the aforegoing is true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to
unsworn falsifications to authorities.
Dated: o'2 't Q'-7
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MELISSA A. HARRIS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-2496 CIVIL TERM
JASON E. HARRIS, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
I, Cindy S. Conley, Esquire, attorney for Jason E. Harris, Defendant,
hereby certify that I accept service on his behalf of a Complaint in Divorce in the above-
captioned matter on or about , 2007, by first-class mail,
postage prepaid.
I hereby certify that the aforegoing is true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities.
Date: Y` ?-
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Cindy S. Co y, quire
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AGREEMENT FOR CUSTODY
This Agreement for Custody is made this /15 day of , 2007, by and
between MELISSA ANNE HARRIS (hereinafter referred to as "Mother"), of Cumberland
County, Pennsylvania and JASON EDWARD HARRIS (hereinafter referred to as "Father"), of
Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, Mother and Father, currently husband and wife, reside at 623 Carol Street,
New Cumberland, Cumberland County, Pennsylvania, 17070, and are the parents of one minor
child, Luke Robert Harris (hereinafter referred to as "Luke"), born February 1, 2005;
WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Father and Mother to separate and thereafter, live
apart for the rest of their natural lives; and
WHEREAS, the parties are desirous of entering into a custody agreement resolving the
issue of physical and legal custody of Luke without the necessity of formal court intervention.
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally
bound hereby, covenant and agrees as follows:
1. Legal Custody. The parties shall share legal custody of Luke, legal
custody being defined as the right to make major decisions affecting the best interests of Luke,
including, but not limited to, medical, psychological, religious, moral, educational and general
parenting decisions. The parties agree to discuss and consult with one another with a view
towards adopting a harmonious policy calculated to promote Luke's best interest. Each party
shall have the right to be kept informed of Luke's educational, social, moral, medical and
psychological development. Each party shall be entitled to full and complete records and
information concerning Luke from any doctor, dentist, teacher, counselor, psychologist,
psychiatrist, treatment institution or similar authority and to have copies of reports, notices or
other communications given to both parents. To effectuate the parties' intent in this regard, each
party agrees to execute any and all documents necessary upon presentation thereof to facilitate
the exchange of information to the other parent directly from the appropriate doctor, dentist,
psychologist, psychiatrist, counselor, teacher, treatment institution or similar authority. Each
parent shall notify the other of any matter relating to Luke which could reasonably be expected to
be of significant concern to the other. Day-to-day decisions shall be the responsibility of the
parent then having physical custody. The parent having physical custody of Luke at the time of
any emergency shall have the right to make any immediate decisions necessitated thereby but
shall inform the other parent of the emergency and consult with him or her as soon as possible.
2. Physical Custody. Mother shall have primary physical custody of Luke
subject to Father's rights of partial physical custody as set forth herein. Father's rights.of partial
physical custody are broken into two alternating segments as follows:
A. Week One.
(i) Weekdays. Monday from after school or day care through
8:00 p.m. and Wednesday from after school or day care through 8:00 p.m.
2
(ii) Weekend. Friday from after school or day care through
Sunday at 8:00 p.m.
B. Week Two.
(i) Weekday. From Tuesday after school or day care through
8:00 p.m.
(ii) Overni t. Thursday from after school or day care through
Friday morning at 9:00 a.m. or, the commencement of school or day care, whichever is earliest.
3. Holidays.
(a) School Calendar. For purposes of this paragraph 3 reference to
Luke's school schedule shall be deemed to be governed by the West Shore School District until
he is actually enrolled in a kindergarten program for the year that immediately precedes his
intended enrollment in 1 t grade.
(b) Christmas. For the Christmas commencing in 2007, 2008, and
2009, Mother shall have physical custody of Luke from the close of school through December
25`'' at 1:00 p.m. Father shall have physical custody of Luke from 1:00 p.m. on December 25`'
through January 1 st, at 1:00 p.m. or, until the commencement of school whichever occurs first.
Commencing with Christmas 2010, and thereafter the parties shall alternate the above Christmas
periods with Father having Luke in all even-numbered years from the close of school through
1:00 p.m. on Christmas Day and Mother having Luke in all odd-numbered years from 1:00 p.m.
on Christmas Day through January 1" at 1:00 p.m. or the start of school, whichever first occurs.
3
(c) Easter. If Easter occurs on Father's regular weekend of custody,
then Mother shall obtain Luke from Father at 1:00 p.m. on Easter Day. If Easter falls on
Mother's regular weekend of custody, then Father shall be entitled to physical custody of Luke
from 1:00 p.m. on Easter Day through 8:00 p.m. on Easter Day.
(d) Thanks ig yinZ. Commencing in 2007 and in all odd-numbered
years thereafter, Father shall have physical custody of Luke from the Wednesday before
Thanksgiving at 1:00 p.m. through the Sunday following Thanksgiving at 8:00 p.m. or the start
of school, whichever first occurs. Commencing in 2008 and all even-numbered years thereafter,
Mother shall have physical custody of Luke from the Wednesday before Thanksgiving at 1:00
p.m. through the Sunday following Thanksgiving at 8:00 p.m. or the start of school, whichever
first occurs.
(e) July 4". Commencing on July 0, 2007 and all odd-numbered
years thereafter, Mother shall have physical custody of Luke from 8:00 a.m. on July 4'h through
8:00 a.m. on July 5'. Commencing with July 4t', 2008 and in all even-numbered years thereafter,
Father shall have custody of Luke from 8:00 a.m. on July 0 through 8:00 a.m. on July 5".
(f) Memorial DUjabor Dav. Commencing with Memorial Day
weekend 2007 and in all odd-numbered years thereafter, Father shall be entitled to the Memorial
Day holiday. Commencing with Memorial Day weekend 2008 and in all even-numbered years
thereafter Mother shall be entitled to the Memorial Day holiday. Commencing with Labor Day
weekend 2007 and in all odd-numbered years thereafter, Mother shall be entitled to the Labor
Day holiday. Commencing with Labor Day weekend 2008 and in all even-numbered years
4
thereafter, Father shall be entitled to the Labor Day holiday. The Memorial Day and Labor Day
holidays shall be defined as the holiday itself along with the weekend of the holiday.
4. Vacation. Each parent shall be entitled to three seven day weeks of
vacation with Luke each year upon thirty days advance written notice to the other party. Said
weeks may include up to two consecutive weeks of vacation. Each vacation period shall include
at least one of the party's regular weekends of physical custody. At least two of the three weeks
of vacation must be taken during the summer period so as not to cause Luke to miss school once
Luke is in school. The third week of vacation can be taken at anytime during the year, however,
once Luke is in the third grade, the third week, if taken at a time when Luke would have been in
school, can only be taken with the written permission of the school.
5. Mother's Day/Mother"s Birthday. Mother shall have custody of Luke
on every Mother's Day from 8:00 a.m. through 8:00 p.m. and on her birthday from 5:00 p.m. to
8:00 p.m.
6. Father's Day/Father's Birthday. Father shall have custody of Luke on
every Father's Day from 8:00 a.m. through 8:00 p.m. and on his birthday from 5:00 p.m. to 8:00
p.m.
7. Luke's Birthday. Both parties will have some time with Luke on his
birthday to be arranged by the parties as they from time to time agree.
8. Miscellaneous Custody. The parties shall be entitled to other periods of
custody as may be agreed upon by the parties from time to time considering the best interests of
Luke.
5
9. Transportation. Father and Mother shall share transportation of Luke
with the party obtaining custody providing said transportation.
10. No Alienation. Neither party shall alienate or attempt to alienate the
affections of Luke for the other parent and will not disparage the other parent or permit third
parties in his/her presence to disparage the other parent in Luke's presence.
11. Addresses/Telephone Numbers/Telephone Contact. Each party shall
have reasonable telephone contact, including, but not limited to, e-mail contact (when age
appropriate) with Luke. Each of the parties will provide the other with any changes to his/her
address and or telephone numbers, including cell phone numbers, within twenty-four hours of the
change.
12. No Relocation. Neither party shall permanently relocate if the relocation
would necessitate a change in this physical custody schedule or if the relocation would result in a
change of school district for Luke or exceed a 15 mile radius without a minimum notice of ninety
days to the other parent. The ninety day notice is designed to afford the non-relocating parent an
opportunity to renegotiate the custodial arrangement or to have the matter listed for a court
hearing. For Luke's welfare, the parties agree that neither shall consider moving very far from
the other until Luke has reached adulthood.
13. Modification. The parties agree that either may seek modification of this
Agreement at any time based on Luke's best interests and need not show a change of
circumstance.
6
14. Entry as Court Order. The parties further agree that at the request of
either party, the Court of Common Pleas of Cumberland County shall incorporate the terms of
this Agreement into an Order of Court.
IN WITNESS WHEREOF, the parties hereto set their handstand seals on the dates of
E- A" w+
Jason E.
S
Melissa A. Harris
7
COMMONWE TH OF PENNSYLVANIA
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared JASON E.
HARRIS, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
92007.
of Public in an or
Commonwealth of Pe s aria
Typed or printed name of Notary:
My commission expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEBRA M. SHIMP, NOTARY PUBLIC
MY OF HARRISBURG, DAUPHIN COUNTY
MY COMMISSION EXPIRES AUG. 29, 2009
8
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF c&J4,094 IA
BEFORE ME, the undersigned authority, on this day personally appeared MELISSA A.
HARRIS, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2007.
.&2U 4Noaryublic m and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
4hff Oyz'zS?j My commission expires: . 30.
OF MMIA-
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Lftw pwm 1MP. MOM Coun
CommWim Iris Nov 30 20 0
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John C. Howett, Jr., Esquire
HOWETT, KISSINGER, CONLEY & HOLST, P.C.
130 Walnut Street, P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Jason E. Harris
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA A. HARRIS, )
Plaintiff )
V. )
JASON E. HARRIS, )
Defendant )
NO. 2007 - 2496 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PETITION RAISING MARITAL CLAIMS (RE CUSTOD30
AND NOW, comes Defendant, Jason E. Harris, by and through his counsel, Howett,
Kissinger, Conley & Hoist, P.C., who files this Petition Raising Marital Claims (Re Custody) and
in support thereof states as follows:
1. Plaintiff is Melissa A. Harris, an adult individual who currently resides at
623 Carol Street, New Cumberland, Cumberland County, Pennsylvania, 17070.
2. Defendant is Jason E. Harris, an adult individual who currently resides at
142 15m Street, Unit M, New Cumberland, Cumberland County, Pennsylvania, 17070.
3. Plaintiff and Defendant were married on September 29, 2001.
4. A Complaint for Divorce was filed by Plaintiff on April 30, 2007 in
Cumberland County, Pennsylvania.
5. Defendant hereby raises the following marital claim:
COUNT I - REQUEST FOR CUSTODY ORDER UNDER
§3104(aa)(2) AND §3323(b) OF THE DIVORCE CODE
6. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
7. The parties are the parents of the following unemancipated child who
resides primarily with Plaintiff at 623 Carol Street, New Cumberland, Cumberland County,
Pennsylvania, 17070 and partially with Defendant at 142 15'h Street, Unit M, New Cumberland,
Pennsylvania, 17070.
Name Date of Birth
Luke Robert Harris 2/1/05
(hereinafer "Luke")
8. Since Luke was born, he has resided with the parties at 623 Carol Street,
New Cumberland, Cumberland County, Pennsylvania, 17070.
9. Plaintiff has not participated in any other litigation concerning Luke in this
or any other state.
10. There are no other proceedings pending involving custody of Luke in this
or in any other state.
11. Plaintiff knows of no person not a party to these proceedings who has
physical custody of Luke or who claims to have custody, partial custody or visitation rights with
respect to Luke.
12. On May 11, 2007, the parties entered into an Agreement for Custody
regarding Luke, one of the terms of which is that their agreement be entered as a Custody Order
at the request of either party. A copy of the fully-executed Agreement for Custody is attached
hereto, marked as Exhibit "A" and incorporated by reference herein as if set forth at length.
WHEREFORE, the parties respectfully requests that, pursuant to §3104(a)(2) and
3323(b) of the Divorce Code and their Agreement for Custody, the Court enter an order
incorporating the terms of their Agreement for Custody.
Date:
Respectfully submitted,
Howett, Jr.,
WMETT, KISSINGER, CONLEY & HOLST, P.C.
130 Walnut Street, P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Jason E. Harris
VERIFICATION
I, Jason E. Harris, hereby swear and affirm that the facts contained in the foregoing
Petition Raising Marital Claims (Re Custody) are true and correct to the best of my knowledge,
information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to
unsworn falsification to authorities.
Date: 6 14 01
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA A. HARRIS, )
Plaintiff )
V. ) NO. 2007 - 2496 CIVIL TERM
JASON E. HARRIS, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
CERTIFICATE OF SERVICE
I, John C. Howett, Jr., Esquire, counsel for Jason E. Harris, Defendant in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising
Marital Claims (Re Custody) was served upon Kristin R. Reinhold, Esquire, counsel for Plaintiff
Melissa A. Harris, by depositing same in the United States mail, first class, on May 15, 2007,
addressed as follows:
Kristin R. Reinhold, Esquire
SILLIKER & REINHOLD
5922 Linglestown Road
Harrisburg, PA 17112
Date: J
(4?-
JOn Howett, Jr., Esquire
H TT, KISSINGER, CONLEY & HOLST, P.C.
130 Walnut Street, P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Jason E. Harris
EXW
AGREEMENT FOR CUSTODY
This Agreement for Custody is made this ?C day of , 2007, by and
between MELISSA ANNE HARRIS (hereinafter referred to as "Mother"), of Cumberland
County, Pennsylvania and JASON EDWARD HARRIS (hereinafter referred to as "Father"), of
Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, Mother and Father, currently husband and wife, reside at 623 Carol Street,
New Cumberland, Cumberland County, Pennsylvania, 17070, and are the parents of one minor
child, Luke Robert Harris (hereinafter referred to as "Luke"), born February 1, 2005;
WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Father and Mother to separate and thereafter, live
apart for the rest of their natural lives; and
WHEREAS, the parties are desirous of entering into a custody agreement resolving the
issue of physical and legal custody of Luke without the necessity of formal court intervention.
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally
bound hereby, covenant and agrees as follows:
Legal Custody. The parties shall share legal custody of Luke, legal
custody being defined as the right to make major decisions affecting the best interests of Luke,
including, but not limited to, medical, psychological, religious, moral, educational and general
parenting decisions. The parties agree to discuss and consult with one another with a view
towards adopting a harmonious policy calculated to promote Luke's best interest. Each party
shall have the right to be kept informed of Luke's educational, social, moral, medical and
psychological development. Each party shall be entitled to full and complete records and
information concerning Luke from any doctor, dentist, teacher, counselor, psychologist,
psychiatrist, treatment institution or similar authority and to have copies of reports, notices or
other communications given to both parents. To effectuate the parties' intent in this regard, each
party agrees to execute any and all documents necessary upon presentation thereof to facilitate
the exchange of information to the other parent directly from the appropriate doctor, dentist,
psychologist, psychiatrist, counselor, teacher, treatment institution or similar authority. Each
parent shall notify the other of any matter relating to Luke which could reasonably be expected to
be of significant concern to the other. Day-to-day decisions shall be the responsibility of the
parent then having physical custody. The parent having physical custody of Luke at the time of
any emergency shall have the right to make any immediate decisions necessitated thereby but
shall inform the other parent of the emergency and consult with him or her as soon as possible.
2. Physical Custody. Mother shall have primary physical custody of Luke
subject to Father's rights of partial physical custody as set forth herein. Father's rights of partial
physical custody are broken into two alternating segments as follows:
A. Week One.
(i) Weekdays. Monday from after school or day care through
8:00 p.m. and Wednesday from after school or day care through 8:00 p.m.
2
(ii) Weekend. Friday from after school or day care through
Sunday at 8:00 p.m.
B. Week Two.
(i) Weekday. From Tuesday after school or day care through
8:00 p.m.
(ii) Overnight. Thursday from after school or day care through
Friday morning at 9:00 a.m. or, the commencement of school or day care, whichever is earliest.
3. Holidays.
(a) School Calendar. For purposes of this paragraph 3 reference to
Luke's school schedule shall be deemed to be governed by the West Shore School District until
he is actually enrolled in a kindergarten program for the year that immediately precedes his
intended enrollment in 15` grade.
(b) Christmas. For the Christmas commencing in 2007, 2008, and
2009, Mother shall have physical custody of Luke from the close of school through December
25`h at 1:00 p.m. Father shall have physical custody of Luke from 1:00 p.m. on December 25`h
through January 1st, at 1:00 p.m. or, until the commencement of school whichever occurs first.
Commencing with Christmas 2010, and thereafter the parties shall alternate the above Christmas
periods with Father having Luke in all even-numbered years from the close of school through
1:00 p.m. on Christmas Day and Mother having Luke in all odd-numbered years from 1:00 p.m.
on Christmas Day through January 151 at 1:00 p.m. or the start of school, whichever first occurs.
3
(c) Easter. If Easter occurs on Father's regular weekend of custody,
then Mother shall obtain Luke from Father at 1:00 p.m. on Easter Day. If Easter falls on
Mother's regular weekend of custody, then Father shall be entitled to physical custody of Luke
from 1:00 p.m. on Easter Day through 8:00 p.m. on Easter Day.
(d) Thanksgiving. Commencing in 2007 and in all odd-numbered
years thereafter, Father shall have physical custody of Luke from the Wednesday before
Thanksgiving at 1:00 p.m. through the Sunday following Thanksgiving at 8:00 p.m. or the start
of school, whichever first occurs. Commencing in 2008 and all even-numbered years thereafter,
Mother shall have physical custody of Luke from the Wednesday before Thanksgiving at 1:00
p.m. through the Sunday following Thanksgiving at 8:00 p.m. or the start of school, whichever
first occurs.
(e) July 0. Commencing on July 4`'', 2007 and all odd-numbered
years thereafter, Mother shall have physical custody of Luke from 8:00 a.m. on July 4`' through
8:00 a.m. on July 5`h. Commencing with July 4`h, 2008 and in all even-numbered years thereafter,
Father shall have custody of Luke from 8:00 a.m. on July 41 through 8:00 a.m. on July 5`h.
(f) Memorial Day/Labor Day. Commencing with Memorial Day
weekend 2007 and in all odd-numbered years thereafter, Father shall be entitled to the Memorial
Day holiday. Commencing with Memorial Day weekend 2008 and in all even-numbered years
thereafter Mother shall be entitled to the Memorial Day holiday. Commencing with Labor Day
weekend 2007 and in all odd-numbered years thereafter, Mother shall be entitled to the Labor
Day holiday. Commencing with Labor Day weekend 2008 and in all even-numbered years
4
thereafter, Father shall be entitled to the Labor Day holiday. The Memorial Day and Labor Day
holidays shall be defined as the holiday itself along with the weekend of the holiday.
4. Vacation. Each parent shall be entitled to three seven day weeks of
vacation with Luke each year upon thirty days advance written notice to the other party. Said
weeks may include up to two consecutive weeks of vacation. Each vacation period shall include
at least one of the party's regular weekends of physical custody. At least two of the three weeks
of vacation must be taken during the summer period so as not to cause Luke to miss school once
Luke is in school. The third week of vacation can be taken at anytime during the year, however,
once Luke is in the third grade, the third week, if taken at a time when Luke would have been in
school, can only be taken with the written permission of the school.
5. Mother's Day/Mother's Birthday. Mother shall have custody of Luke
on every Mother's Day from 8:00 a.m. through 8:00 p.m. and on her birthday from 5:00 p.m. to
8:00 P.M.
6. Father's Day/Father's Birthday. Father shall have custody of Luke on
every Father's Day from 8:00 a.m. through 8:00 p.m. and on his birthday from 5:00 p.m. to 8:00
p.m.
7. Luke's Birthday. Both parties will have some time with Luke on his
birthday to be arranged by the parties as they from time to time agree.
8. Miscellaneous Custody. The parties shall be entitled to other periods of
custody as may be agreed upon by the parties from time to time considering the best interests of
Luke.
5
9. Transportation. Father and Mother shall share transportation of Luke
with the party obtaining custody providing said transportation.
10. No Alienation. Neither party shall alienate or attempt to alienate the
affections of Luke for the other parent and will not disparage the other parent or permit third
parties in his/her presence to disparage the other parent in Luke's presence.
11. Addresses/Telephone Numbers/Telephone Contact. Each party shall
have reasonable telephone contact, including, but not limited to, e-mail contact (when age
appropriate) with Luke. Each of the parties will provide the other with any changes to his/her
address and or telephone numbers, including cell phone numbers, within twenty-four hours of the
change.
12. No Relocation. Neither party shall permanently relocate if the relocation
would necessitate a change in this physical custody schedule or if the relocation would result in a
change of school district for Luke or exceed a 15 mile radius without a minimum notice of ninety
days to the other parent. The ninety day notice is designed to afford the non-relocating parent an
opportunity to renegotiate the custodial arrangement or to have the matter listed for a court
hearing. For Luke's welfare, the parties agree that neither shall consider moving very far from
the other until Luke has reached adulthood.
13. Modification. The parties agree that either may seek modification of this
Agreement at any time based on Luke's best interests and need not show a change of
circumstance.
6
14. Entry as Court Order. The parties further agree that at the request of
either party, the Court of Common Pleas of Cumberland County shall incorporate the terms of
this Agreement into an Order of Court.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of
6 //"41
Jason E.
Melissa A. Harris
7
their cknowled nts.
P
COMMONWEALTH OF PENNSYLVANIA
c
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared JASON E.
HARRIS, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this I-S day of
":?41 A 4?? , 2007.
Public in and tfor
Commonwealth of P syly is
Typed or printed name o Notary:
My commission expires:
COMMONWEALTH Of PENNSYLVANIA
N07ARIAL SEAL
DEBRA M. SHIMP, NOTARY PUBLIC
CITY OF HARRISBURG, DAUPHIN COUNTY
MY COMMISSION EXPIRES AUG. 29 2009
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF N
BEFORE ME, the undersigned authority, on this day personally appeared MELISSA A.
HARRIS, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _:jL day of
2007.
Qwi?p
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
koeff atthqok
My commission expires: 4y. --X, do o 16
Rmee b, NotarY PuM
D ekbw
Lower Pexton Twp. Deu Ain Co
Commieslon Expires NOV. 30.2010
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MAY 16 2007
John C. Howett, Jr., Esquire
HOWETT, KISSINGER, CONLEY & HOLST, P.C.
130 Walnut Street, P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Jason E. Harris
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA A. HARRIS, )
Plaintiff )
V. )
JASON E. HARRIS, )
Defendant )
NO. 2007 - 2496 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
hd
AND NOW, this day of , 2007, the attached
Agreement for Custody is hereby entered as an Order of this Court.
BY THE COURT:
J.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA A. HARRIS, )
Plaintiff/Respondent )
V. )
JASON E. HARRIS, )
Defendant/Petitioner )
NO. 2007 - 2496 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE/CUSTODY
COMPLAINT FOR CUSTODY
AND NOW, comes Defendant/Petitioner Jason E. Harris, by and through his counsel,
Howett, Kissinger & Holst, P.C., who hereby files this Complaint for Custody and in support
thereof avers as follows:
1. Plaintiff/Respondent is Melissa A. Harris ("Mother"), an adult individual
who currently resides at 623 Carol Street, New Cumberland, Cumberland County, Pennsylvania,
17070.
2. Defendant/Petitioner is Jason E. Harris ("Father"), an adult individual who
currently resides at 142 15`h Street, New Cumberland, Cumberland County, Pennsylvania, 17070.
3. Petitioner seeks primary custody of minor child Luke Robert Harris
("Luke"), born February 1, 2005.
Luke was not born out of wedlock.
Luke is presently in the primary custody of Mother who currently resides at 623
Carol Street, New Cumberland, Cumberland County, Pennsylvania, 17070.
During the past five years, Luke resided with the following persons and at the
following addresses:
Persons
Father & Mother
Mother
Addresses
623 Carol Street
New Cumberland, PA
623 Carol Street
New Cumberland, PA
Dates
Prior to May 2007
May 2007 to Present
The mother of Luke is Melissa A. Harris who currently resides at 623 Carol
Street, New Cumberland, Pennsylvania, 17070.
She is married to Father.
The father of Luke is Jason E. Harris, who currently resides at 142 15th Street,
New Cumberland, Pennsylvania, 17070.
He is married to Mother.
4. The relationship of Respondent to Luke is that of natural mother.
Respondent currently resides with the following person:
Names Relationship
Luke Robert Harris Son
5. The relationship of Petitioner to Luke is that of natural father. Petitioner
currently resides alone except when he has custody of Luke.
6. Petitioner has not participated as a party or witness, or in another capacity,
in other litigation concerning the custody of Luke in this or another court other than a stipulated
Agreement for Custody entered by Judge Ebert to the above-captioned matter on May 22, 2007.
A copy of the Order and Agreement for Custody are attached hereto collectively as Exhibit "A"
and are incorporated herein by reference thereto.
VERIFICATION
I, Jason E. Harris, hereby swear and affirm that the facts contained in the foregoing
COMPLAINT FOR CUSTODY
are true and correct to the best of my knowledge, information and belief and are made subject to
the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: 6/18/07•
JASON E.
F,Xh i bi-f A
John C. Howett, Jr., Esquire
HOWETT, KISSINGER, CONLEY & HOLST, P.C.
130 Walnut Street, P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Jason E. Harris
MAY 16 2007 p" `/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MELISSA A. HARRIS, )
Plaintiff )
V. )
JASON E. HARRIS, )
Defendant )
AND NOW, this 0 0 a day of
Agreement for Custody is hereby entered as an
NO. 2007 - 2496 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
of this Court.
BY THE COURT:
2007, the attached
J.
AGREEMENT FOR CUSTODY
This Agreement for Custody is made this /-? day of 2007, by and
between MELISSA ANNE HARRIS (hereinafter referred to as "Mother"), of Cumberland
County, Pennsylvania and JASON EDWARD HARRIS (hereinafter referred to as "Father"), of
Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, Mother and Father, currently husband and wife, reside at 623 Carol Street,
New Cumberland, Cumberland County, Pennsylvania, 17070, and are the parents of one minor
child, Luke Robert Harris (hereinafter referred to as "Luke"), born February 1, 2005;
WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Father and Mother to separate and thereafter, live
apart for the rest of their natural lives; and
WHEREAS, the parties are desirous of entering into a custody agreement resolving the
issue of physical and legal custody of Luke without the necessity of formal court intervention.
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally
bound hereby, covenant and agrees as follows:
1. Leal Custody. The parties shall share legal custody of Luke, legal
custody being defined as the right to make major decisions affecting the best interests of Luke,
including, but not limited to, medical, psychological, religious, moral, educational and general
parenting decisions. The parties agree to discuss and consult with one another with a view
towards adopting a harmonious policy calculated to promote Luke's best interest. Each party
shall have the right to be kept informed of Luke's educational, social, moral, medical and
psychological development. Each party shall be entitled to full and complete records and
information concerning Luke from any doctor, dentist, teacher, counselor, psychologist,
psychiatrist, treatment institution or similar authority and to have copies of reports, notices or
other communications given to both parents. To effectuate the parties' intent in this regard, each
party agrees to execute any and all documents necessary upon presentation thereof to facilitate
the exchange of information to the other parent directly from the appropriate doctor, dentist,
psychologist, psychiatrist, counselor, teacher, treatment institution or similar authority. Each
parent shall notify the other of any matter relating to Luke which could reasonably be expected to
be of significant concern to the other. Day-to-day decisions shall be the responsibility of the
parent then having physical custody. The parent having physical custody of Luke at the time of
any emergency shall have the right to make any immediate decisions necessitated thereby but
shall inform the other parent of the emergency and consult with him or her as soon as possible.
2. Physical Custody. Mother shall have primary physical custody of Luke
subject to Father's rights of partial physical custody as set forth herein. Father's rights of partial
physical custody are broken into two alternating segments as follows:
A. Week One.
(i) Weekdays. Monday from after school or day care through
8:00 p.m. and Wednesday from after school or day care through 8:00 p.m.
2
(ii) Weekend. Friday from after school or day care through
Sunday at 8:00 p.m.
B. Week Two.
(i) Weekday. From Tuesday after school or day care through
8:00 p.m.
(ii) Overnight. Thursday from after school or day care through
Friday morning at 9:00 a.m. or, the commencement of school or day care, whichever is earliest.
3. Holidays.
(a) School Calendar. For purposes of this paragraph 3 reference to
Luke's school schedule shall be deemed to be governed by the West Shore School District until
he is actually enrolled in a kindergarten program for the year that immediately precedes his
intended enrollment in V grade.
(b) Christmas. For the Christmas commencing in 2007, 2008, and
2009, Mother shall have physical custody of Luke from the close of school through December
25`h at 1:00 p.m. Father shall have physical custody of Luke from 1:00 p.m. on December 25`h
through January 1 st, at 1:00 p.m. or, until the commencement of school whichever occurs first.
Commencing with Christmas 2010, and thereafter the parties shall alternate the above Christmas
periods with Father having Luke in all even-numbered years from the close of school through
1:00 p.m. on Christmas Day and Mother having Luke in all odd-numbered years from 1:00 p.m.
on Christmas Day through January I" at 1:00 p.m. or the start of school, whichever first occurs.
3
(c) Easter. If Easter occurs on Father's regular weekend of custody,
then Mother shall obtain Luke from Father at 1:00 p.m. on Easter Day. If Easter falls on
Mother's regular weekend of custody, then Father shall be entitled to physical custody of Luke
from 1:00 p.m. on Easter Day through 8:00 p.m. on Easter Day.
(d) Thanksgiving. Commencing in 2007 and in all odd-numbered
years thereafter, Father shall have physical custody of Luke from the Wednesday before
Thanksgiving at 1:00 p.m. through the Sunday following Thanksgiving at 8:00 p.m. or the start
of school, whichever first occurs. Commencing in 2008 and all even-numbered years thereafter,
Mother shall have physical custody of Luke from the Wednesday before Thanksgiving at 1:00
p.m. through the Sunday following Thanksgiving at 8:00 p.m. or the start of school, whichever
first occurs.
(e) July 4`h. Commencing on July 4`'', 2007 and all odd-numbered
years thereafter, Mother shall have physical custody of Luke from 8:00 a.m. on July 4`h through
8:00 a.m. on July 5`h. Commencing with July 4`h, 2008 and in all even-numbered years thereafter,
Father shall have custody of Luke from 8:00 a.m. on July 4'h through 8:00 a.m. on July 5`h.
(0 Memorial Day/Labor Day. Commencing with Memorial Day
weekend 2007 and in all odd-numbered years thereafter, Father shall be entitled to the Memorial
Day holiday. Commencing with Memorial Day weekend 2008 and in all even-numbered years
thereafter Mother shall be entitled to the Memorial Day holiday. Commencing with Labor Day
weekend 2007 and in all odd-numbered years thereafter, Mother shall be entitled to the Labor
Day holiday. Commencing with Labor Day weekend 2008 and in all even-numbered years
4
thereafter, Father shall be entitled to the Labor Day holiday. The Memorial Day and Labor Day
holidays shall be defined as the holiday itself along with the weekend of the holiday.
4. Vacation. Each parent shall be entitled to three seven day weeks of
vacation with Luke each year upon thirty days advance written notice to the other party. Said
weeks may include up to two consecutive weeks of vacation. Each vacation period shall include
at least one of the party's regular weekends of physical custody. At least two of the three weeks
of vacation must be taken during the summer period so as not to cause Luke to miss school once
Luke is in school. The third week of vacation can be taken at anytime during the year, however,
once Luke is in the third grade, the third week, if taken at a time when Luke would have been in
school, can only be taken with the written permission of the school.
5. Mother's Day/Mother's Birthday. Mother shall have custody of Luke
on every Mother's Day from 8:00 a.m. through 8:00 p.m. and on her birthday from 5:00 p.m. to
8:00 P.M.
6. Father's Dav/Father's Birthday. Father shall have custody of Luke on
every Father's Day from 8:00 a.m. through 8:00 p.m. and on his birthday from 5:00 p.m. to 8:00
p.m.
7. Luke's Birthday. Both parties will have some time with Luke on his
birthday to be arranged by the parties as they from time to time agree.
8. Miscellaneous Custody. The parties shall be entitled to other periods of
custody as may be agreed upon by the parties from time to time considering the best interests of
Luke.
5
9. Transportation. Father and Mother shall share transportation of Luke
with the party obtaining custody providing said transportation.
10. No Alienation. Neither party shall alienate or attempt to alienate the
affections of Luke for the other parent and will not disparage the other parent or permit third
parties in his/her presence to disparage the other parent in Luke's presence.
11. Addresses/Telephone Numbers/Telephone Contact. Each party shall
have reasonable telephone contact, including, but not limited to, e-mail contact (when age
appropriate) with Luke. Each of the parties will provide the other with any changes to his/her
address and or telephone numbers, including cell phone numbers, within twenty-four hours of the
change.
12. No Relocation. Neither party shall permanently relocate if the relocation
would necessitate a change in this physical custody schedule or if the relocation would result in a
change of school district for Luke or exceed a 15 mile radius without a minimum notice of ninety
days to the other parent. The ninety day notice is designed to afford the non-relocating parent an
opportunity to renegotiate the custodial arrangement or to have the matter listed for a court
hearing. For Luke's welfare, the parties agree that neither shall consider moving very far from
the other until Luke has reached adulthood.
13. Modification. The parties agree that either may seek modification of this
Agreement at any time based on Luke's best interests and need not show a change of
circumstance.
6
14. Entry as Court Order. The parties further agree that at the request of
either party, the Court of Common Pleas of Cumberland County shall incorporate the terms of
this Agreement into an Order of Court.
IN WITNESS WHEREOF, the parties hereto set their handsjand seals on the dates of
E- //44w
Jason E.
Melissa A. Harris
7
their acknowledgments.
COMMONWE T'Fi OF PENNSYLVANIA
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared JASON E.
HARRIS, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
52007.
1 -1
My commission expires:
ofor
Public in and 9?__
Commonwealth of Pe s aria
:
Typed or printed name of Notary:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEBRA M. SHIMP, NOTARY PUBLIC
CITY OF HARRISBURG, DAUPHIN COUNTY
AMY COMMISSION EXPIRES AUG. 29, 2009
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Ifl
BEFORE ME, the undersigned authority, on this day personally appeared MELISSA A.
HARRIS, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7 V`day of
&2U 2007.
-0
4NNoaryublic in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
t??- - rL
S
My commission expires: V. 30 ADM
COMbIMAUTH F PER SYLVANIA
NOTARIAL SEAL
Rehm Drobbach, Notary Pubk
Lower Paxton Twp. Dauphin County
Commission Tres Nov. 30, 2010
9
T-1
MELISSA A. HARRIS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
JASON E. HARRIS
DEFENDANT
07-2496 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Friday, June 22, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator,
at--,-- 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, August 01, 2007 at 2:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: _/s/ ohn . Man an r. Es q.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
4,(.,) Lo- 17
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APR-09-2008(YED) 14:57 5ILLIKER A REINHOLD (FAX)717 671 8968 P.003/004
i-
MELISSA A. HARRIS, : TN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 07-2496 CIVIL TERM
JASON E. HARRIS, : CIVII. ACTION -1AW
Defendant : IN DIVORCE
AGREEMENT
AND NOW come the parties, Plaintiff, Melissa A. Harris, by and through
her attorney, Kristin R. Reinhold, Esquire, and Defendant, Jason E. Harris, by and
through his attorney, John C. Howett, Jr., Esquire;
WHEREAS, the parties hereto are husband and wife, having married on
September 29, 2001, and separated on March 26, 2007;
WHEREAS, it is the desire of the parties to resolve the issue of the filing
of their Federal Income Tax Return for 2007 and allocation of the anticipated refund;
WHEREAS, it is the intention of the parries that this Agreement shall be
filed with the Court and shall be binding upon any future divorce and/or support
proceedings;
NOW THEREFORE, the parties, intending to be legally bound, hereby
covenant and agree as follows:
APR-09-2008(WEO) 14;57
a?
SILLIKER & REINHOLO
(FAX)717 671 8968
1. The parties shalt file on or before April 15, 2008, a joint Federal
Income Tax Return for the tax year of 2007.
2. It is anticipated that the parties shall be entitled to a refund in the
amount of Five Thousand Four Hundred thirty-five Dollars ($5,435). The parties agrcc
that the refund shall be allocated as follows: Plaintiff Melissa A. Hams shall be entitled
to Three Thousand Five Hundred seventy-three Dollars and fifty cents ($3,573-50) and
Defendant Jason E. Harris shall be entitled to One Thousand Eight Hundred sixty-one
Dollars and fifty cents ($1,$61.50).
3. In the event the parties rcceive the economic stimulus incentive, they
shall divide it equally.
4. The allocation of the Federal Income Tax refund check shall not be
considered in equitable distribution in the parties' divorce or in any future support
proceeding.
IN WITNESS WHEMF, the parties hereto have set their hands and
seals this day of ADri _,2008.
4?_wAw__ o -
Melissa A. Harris
P. 004/004
?tos `? la vP
(51 owett, Jr., Esq Jason E.
/Y)Plcr
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MELISSA A. HARRIS, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-2496 CIVIL TERM
JASON E. HARRIS, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on April 30, 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request 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 18 Pa.C.S. §
4904, relating to unsworn falsifications to authorities.
Date:
Melissa A. Harris
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?"tY7
MELISSA A. HARRIS,
Plaintiff
V.
JASON E. HARRIS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 07-2496 CIVIL TERM
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
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: 02 Q (? 4
Melissa A. Harris
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MELISSA A. HARRIS, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 07-2496 CIVIL TERM
JASON E. HARRIS, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on April 30, 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request 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 18 Pa.C.S. §
4904, relating to unsworn falsifications to authorities.
Date: ! 141 el I- . da?
Jason E. H s
t-la
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MELISSA A. HARRIS,
Plaintiff
V.
JASON E. HARRIS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 07-2496 CIVIL TERM
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
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: 14101
{
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AUG 2 2 2008?c?
MELISSA A. HARRIS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2496 CIVIL ACTION LAW
JASON E. HARRIS, IN CUSTODY
Defendant
Prior Judge: M. L. Ebert, Jr., J.
ORDER OF COURT
-%V?
AND NOW this ?o day of August 2008, upon consideration of the attached Custody
Conciliation Report, it is Ordered and Directed as follows:
1. All prior Orders entered in this matter are hereby VACATED.
2. Legal Custody: The Father, Jason Harris, and the Mother, Melissa Harris, shall have shared
legal custody of Luke R. Harris, born 02/01/2005. The parties shall have an equal right to
make all major non-emergency decisions affecting the Child's general well-being including,
but not limited to, all decisions regarding his health, education and religion. Pursuant to the
terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information
pertaining to the Child including, but not limited to, medical, dental, religious or school
records, the residence address of the Child and of the other parent. To the extent one parent has
possession of any such records or information, that parent shall be required to share the same,
or copies thereof, with the other parent within such reasonable time as to make the records and
information of reasonable use to the other parent.
3. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's
physical custody as follows:
a. In week one, commencing Monday June 30, 2008, Father shall have physical
custody of Luke Monday and Tuesday evenings from after day care or school
until 8:00 pm. On Friday, July 4, 2008, Father shall have custody of Luke from
after day care or school on Friday until Sunday 8:00 pm.
b. In week two, Father shall have physical custody of Luke from after day care or
school on Wednesday until Friday morning, whereby Father shall drop Luke off
at day care or school.
C. The above schedule shall continue on a rotating basis absent mutual agreement
or further Order of Court. Additionally, Father shall have physical custody of
the Child at such other times as the parties may mutually agree.
4. Counseling: The parties are directed to engage in The Beech Street counseling for Luke as this
counseling would be in his best interest to address attachment and related issues. Father has
agreed to bear the financial burden for Luke and himself to engage in said counseling. Should
Mother desire to participate and her participation bears additional costs, the parties may contact
the assigned conciliator to address the financial concerns regarding Mother. Additionally,
Father shall sign releases permitting Mother to have access to all treatment summaries and
records pertaining to the subject Child. Father shall provide to Mother a letter from his
counselor, Dr. Johnson, setting forth that Father has addressed issues set forth by Dr.
6 V
A • .
Schienvold with Dr. Johnson and that Father has made sufficient progress before involving the
subject Child in counseling through Beech Street.
5. The non-custodial parent shall have liberal telephone contact with the Child on a reasonable
basis.
6. Holidays: The parents shall arrange the holiday schedule as attached unless otherwise mutually
agreed upon. Should either parents' holidays immediately follow a period overnight custody
the day before, the parent that has the holiday shall keep physical custody of the Child until the
end of the holiday day pursuant to the attached schedule.
7. Father shall have up to six (6) consecutive days, (five (5) consecutive overnights) and Mother
shall have eight (8) consecutive days, (seven (7) consecutive overnights) of vacation with the
Child per year. The requesting parent shall give the other parent 30 days advance notice of the
requested time and this vacation week shall supersede the regular physical custody schedule.
In the event the parties schedule conflicting vacations, the parry first providing written notice
shall have the choice of vacation. Prior to departure, the parties will provide each other with
information regarding the intended vacation destination and a telephone number at which they
can be reached during their vacation. The parties may expand this vacation time by mutual
agreement. For 2008, Father has requested July 17 through July 22, 2008. Mother has
requested July 23 through July 30, 2008.
8. In the event the custodial parent should take the Child out of state, the custodial parent shall
notify the non-custodial parent within twenty-four hours of departure of the intended
destination and a telephone number at which they can be reached.
9. Neither party may say or do anything nor permit a third party to do or say anything that may
estrange the Child from the other party, or injure the opinion of the Child as to the other party,
or may hamper the free and natural development of the Child's love or affection for the other
party. To the extent possible, both parties shall not allow third parties to disparage the other
parent in the presence of the Child.
10. In the event of a medical emergency, the custodial party shall notify the other parties as soon
as practicable after the emergency is handled.
11. During any periods of custody or visitation, the parties shall not possess or use controlled
substances or consume/be under the influence of alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other household
members and/or house guests comply with this provision.
12. This Order is entered pursuant to a Custody Conciliation Conference. The parties may modify
the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of
this Order shall control. In March 2009, or thereafter upon the request of either party, both
parties shall participate in a re-evaluation with Dr. Arnold Shienvold, the costs of which re-
evaluation shall be advanced without prejudice by Father with the ultimate responsibility to be
in accordance with Dr. Shienvold's recommendation. Should either party not be satisfied by Dr.
Schienvold's recommendation in regard to allocation of the cost, either party may petition the
Court for determination of allocation. In May 2009, or when the parties deem appropriate, the
parties may contact the assigned conciliator to schedule an updated conference.
Distribution:
Fohn Howett , Esquire
in Reinhold, Esquire
J. Mangan, Esquire
By the Court,
r t - ?
r s : I I Irv 9Z snv SON
? l s .? ?,d 3Nl 30
, n -GP3
,'i1 P
a
HOLIDAYS AND TEWES EVEN ODD
SPECIAL DAYS YEARS YEARS
Easter From 9 am until 8 m Father Mother
Memorial Da From 9 am until 8 m Mother Father
Independence Da From 9 am until 8 m Father Mother
Labor Da From 9 am until 8 m Father Mother
Halloween From one hour before trick or Father Mother
treating to one hour after trick or
treating
Thanksgiving From Wednesday 6 pm before the Mother Father
holiday until Sunda 6 m
Christmas 1 S Half From 12/22 at 1 pm until 12/25 at 1 Mother Father
m
Christmas 2° Half From 12/25 at 1 pm until 12/28 at 8 Father Mother
m
New Year's From 6 pm 12/31 until noon January Mother Father
1St (with the 12/31 year to control the
even/odd determination
Mother's Da From 9 am until 8 m Mother Mother
Father's Da From 9 am until 8 m Father Father
Mother's and Each parent shall have custody of the
Father's Birthdays Child from 5 pm until 8 pm on their
respective birthdays
MELISSA A. HARRIS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 07-2496 CIVIL ACTION LAW
JASON E. HARRIS, IN CUSTODY
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8(b), the undersigned Custody Conciliator submits the following report:
3. The pertinent information pertaining to the Child who is the subject of this litigation is as
follows:
Name Date of Birth
Luke Robert Harris 02/01/2005
Currently in the Custody of
Primary Mother
2. A Conciliation Conference was held with regard to this matter on July 17, 2007 and an
updated conference was held on June 23, 2008 with the following individuals in
attendance:
The Mother, Melissa Harris, with her counsel, Kristin Reinhold, Esq.
The Father, Jason Harris, with his counsel, John Howett, Esq.
3. The parties agreed to the entry of an Order in the form as attached.
Date John J. an, Esquir
Cust y nciliator
T ) 1
MARRIAGE SETTLEMENT AG
By and between
MELISSA A. HARRIS
_ AND -
JASON E. HARRIS
Dated: I J Al S?7? ,?- [
, 2008
t I I t
INDEX
PAGE
1. Divorce and Separation ................................................................ 4
2. Division of Property ........................ 4
3. Child Support .............................................................................. 8
4. College Education ................................................................ ....... 9
5. Minor Child's Bank Account ............................................... ....... 9
6. Income Tax Prior Returns .................................................... ....... 10
7. Execution of Additional Documents .................................... ....... 10
8. Transfers Subject to Liens .................................................... ....... 10
9. Complete Listing of Property ............................................... ....... 11
10. Equitable Distribution of Property ....................................... ....... 11
11. Relinquishment of Ownership .............................................. ....... 11
12. After-Acquired Property ....................................................... ....... 11
13. Debts .................................................................................... ..... 12
14. Bankruptcy ............................................................................ ....... 13
15. Alimony ................................................................................ ....... 15
16. Full Disclosure ....................................................................... ....... 15
17. Releases ................................................................................. ....... 15
18. Waiver of Beneficiary Designation ...................................
19. Indemnification ...................................................................... ....... 16
20. General Provisions ................................................................. ...... 17
21. Fair and Equitable Contents .................................................. ...... 17
22. Breach .................................................................................... ...... 17
23. Independent Separate Covenants ........................................... ...... 18
24. Void Clauses .......................................................................... ...... 18
25. Execution of Documents ...................................................... ..... 18
26. Applicable Law ...................................................................... ...... 18
27. Non-Merger .......................................................................... ..... 18
28. Disclosure and Waiver of Procedural Rights ........................ ...... 19
29. Tax Advice ............................................................................ ...... 20
30. Legal Fees ............................................................................. ...... 20
31. Representation of Parties ...................................................... . ..-... 20
Signature Page ...................................................................... ....... 21
Acknowledgement Page ....................................................... ....... 21
2
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this ,21 Zf day of Qw? , 2008, by
and between Melissa A. Harris -AND- Jason E. Harris, at Harrisburg, Pennsylvania.
WHEREAS, the parties hereto are husband and wife, havi?g been married
on September 29, 2001, at Cumberland County, Pennsylvania.
WHEREAS, diverse and unhappy differences, disputes ano difficulties
have arisen between the parties and it is the intention of Husband and W64 to live
separate and apart for the rest of their natural lives, and the parties desire t settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters
relating to the ownership and equitable distribution of real and personal
of all matters between them relating to the past, present and future
and/or maintenance of Wife by Husband or Husband by Wife; and in
of any and all claims and possible claims by one against the other or
respective estates. The parties separated on or about March 26, 2007.
NOW, THEREFORE, in consideration of the aforegoing
the mutual promises, covenants and undertakings hereinafter set forth and
and valuable consideration, receipt of which is hereby acknowledged by
?etween them
perty; settling
alimony
al, the settling
t their
remises and of
r other good
h of the
3
parties, Wife and Husband, each intending to be legally bound hereby,
agree as follows:
1. Divorce and Separation. The parties agree to th(
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 19
Wife shall at all times hereafter have the right to live separate and apart
and to reside from time to time at such place or places as they shall
and
ntry of a
. Husband and
m each other
ively deem fit,
free from any control, restraint, or interference whatsoever by the other. 1 either party
shall molest the other or endeavor to compel the other to cohabit or dwell 1 vith him or her
by any legal or other proceedings. The foregoing provision shall not be
admission on the part of either Husband or Wife of the lawfulness or un
cause leading to their living apart. A reconciliation will not void the
Agreement.
2. Division of Property. Husband and Wife agree
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive r
Husband:
1. Husband shall retain any pension plans
plans and/or employee stocks or savings plans,
and/or any and all other employment benefits,
accumulated during the course of his past or presen
,n to be an
fulness of the
ions of this
the following
rty of
r retirement
r 401 K plans
he has
4
2. Husband shall be entitled to possession and ownership of
his 2005 Honda Pilot which is titled solely in his n e and on
which there are no encumbrances.
3. Husband shall be entitled to one-half of the usquehanna
Valley Federal Credit Union money market accoun which the
parties divided equally in May of 2007.
4. Husband shall be entitled to the balance of any and all
checking and savings accounts held in his name alo e.
5. Husband shall be entitled to a lump sum pa ent in the
amount of Thirty Three Thousand One Hundred fi Dollars
($33,150.00), representing one-half of the net equi in the marital
home as more fully set forth in Paragraph 2(B)(2).
B. The following shall become the sole and exclusive prop rty of Wife:
1. Wife shall retain any pension plans and/or re irement plans
and/or employee stocks or savings plans, and/or 401 plans and/or
any and all other employment benefits, which she h accumulated
during the course of her past or present employment
2. The parties acknowledge that they are owner by the
entireties of real estate located at 623 Carol Street, w
Cumberland, Cumberland County, Pennsylvania. a parties
further acknowledge that the real estate has an appr sed value of
Two Hundred Ten Thousand Dollars ($210,000.00) d a
mortgage balance with Chase in the approximate am unt of One
5
Hundred Thirty One Thousand Dollars ($131,000. 0) as of the
parties' date of separation. The parties hereby agre that Wife
shall be entitled to exclusive possession and owner hip of the
marital residence. The parties further agree that W' a shall
refmance or obtain a release of Husband from the ortgage
obligation within 60 days of the date of the execution of this
Agreement. Upon successful refinancing or release Husband shall
execute a warranty Deed conveying to Wife all of s right, title,
and interest to said property.
Commencing on the execution date of this
Wife shall be solely responsible for the timely pa ent of all
principal, interest, and other fees due under the mo gage, any and
all costs or liabilities attributable to maintaining the eal estate,
including but not limited to all real estate taxes, wat r and sewer
rents, gas, electric, homeowner's insurance, and mai tenance
expenses and repairs, and Wife shall keep Husband d his
successors, assigns, heirs, executors, and administra rs
indemnified and held harmless from any liability, co ts, or
expenses, including attorney's fees which are incurr d in
connection with such maintenance, costs, or expense resulting
from Wife's possession and ownership of the marital
In the event Wife is unable to refinance the ortgage on
the marital residence, or she is unable to obtain Hus d's release
6
from the mortgage obligation within 60 days of the date of the
execution of this Agreement, the parties agree that a real estate
shall be sold in order to release Husband's name Er in the
mortgage obligation. Upon sale of the real estate, a net proceeds,
after deduction of all expenses, fees, and taxes in c ection with
the sale and after the satisfaction of the lien of the a isting first
mortgage, shall be divided as follows: Husband sh 1 receive the
first Thirty Three Thousand One Hundred fifty Doll s
($33,150.00). Wife shall receive all remaining net roceeds.
The parties hereby agree that the net equity i the marital
home is Sixty Six Thousand Three Hundred Dollars ($66,300.00)
after consideration of cost of sale and approximate a crow balance
at the time of the parties' separation. The parties er agree that
Wife shall pay to Husband the lump sum of Thirty ee Thousand
One Hundred fifty Dollars ($33,150.00) upon Wife' successful
refinance of the mortgage.
3. Wife shall be entitled to possession and own rship of the
2005 Honda CRV titled solely in her name, and shal be fully
liable for any and all encumbrances thereon.
4. Wife shall be entitled to the balances of any d all
checking and savings accounts in her name alone. a parties
acknowledge that Wife's accounts include savings a umulated
prior to the parties' marriage.
7
5. Wife shall be entitled to one-half of the
Valley Federal Credit Union money market
parties divided equally in May of 2007.
6. Wife shall be entitled to ownership of her
IRA which she acquired prior to the parties'
contributed to during the marriage.
7. Wife shall be entitled to her Janney
m which the
erican Funds
is a and
ao erv Scott
account which was acquired prior to the parties' m age.
8. Wife shall be entitled to ownership of the G rber Life
Insurance policy number 13975784 with a cash surr nder value of
approximately $200.
C. All personal property in the possession of each party as Of the date of
execution of this Agreement shall remain the sole and separate property of each party
respectively, with the exception that Husband shall provide the originals o copies of the
video tapes of the parties' child, Luke, which he had removed from the m ital home.
Said video tapes shall be transferred to Wife within 30 days of the date of a execution
of this Agreement.
3. Child Support. The parties acknowledge they are the natural
parents of one minor child born of the marriage, namely Luke Harris, born February 1,
2005. The parties hereby agree that Husband shall pay to Wife the sum of Pne Thousand
Dollars ($1,000.00) per month in child support as well as one half of all imbursed
medical expenses in excess of $250 per year and extra-curricular activities, o long as the
activities are discussed and agreed upon before a commitment is made to
subject child
8
and the provider of the activity. Nothing contained in this paragraph shal prohibit either
party from seeking a modification or enforcement of the aforegoing terms through the
Domestic Relations Section of the Court of Common Pleas in the approp ate county.
4. Colleee Education. Husband and Wife acknowled a their mutual
desire and intent that their minor child attend college on a full-time basis Mowing
graduation from high school. The parties hereto further covenant and agr a that each
shall equally contribute to the college tuition and expenses of the child in a event he
becomes a full-time student following graduation from high school. Speci ically, each
party shall pay one-half of college tuition and expenses after grants, schol ships, loans,
monies earned by the child for his college education, and monies set aside or the child's
college education by third parties, and the accumulated balance of the acc t set forth in
paragraph five hereof, are deducted.
5. Minor Child's Bank Account. The parties ackno edge that
there exists a jointly owned bank account in the names of Wife and the p 'es' child at
Susquehanna Valley Federal Credit Union containing two five-year bump p Certificates
of Deposit having an approximate cumulative balance of Six Thousand Seven Hundred
Dollars ($6,700.00) at the time of the parties' separation. The parties here agree the
balance of this account shall be used for the benefit of the child's college education and
shall not be considered in equitable distribution. Wife shall provide to Hus?and not later
than January 31 of each year a complete annual statement for the preceding calendar year
for said account. The parties agree that Husband has standing to enforce tho continued
maintenance of this account for the stated purpose.
9
6. Income Tax Prior Returns. The parties have here ofore filed
joint federal and state tax returns. Both parties agree that in the event any eficiency in
federal, state or local income tax is proposed, or any assessment of any su h tax is made
against either of them, each will indemnify and hold harmless the other fr in and against
any loss or liability for any such tax deficiency or assessment and any inte est, penalty
and expense incurred in connection therewith. Such tax, interest, penalty r expense shall
be paid solely and entirely by the individual who is finally determined to the cause of
the misrepresentations or failures to disclose the nature and extent of his o her separate
income on the aforesaid joint returns. In the event that any additional taxe , penalties or
interest are assessed as a result of a mathematical error or some other reas n not related
to a party's under-reporting of income or claiming any improper deductio such
additional liability shall be divided equally between the parties.
7. Execution of Additional Documents. The parties gree to each
sign Affidavits of Consent upon the expiration of ninety (90) days follo ' g the filing
and service of the Divorce Complaint. The parties agree to execute any de ds,
assignments, titles or other instruments necessary and appropriate to acco plish the
aforesaid division of property.
8. Transfers Subject to Liens. Notwithstanding any er
provisions in this document all property transferred hereunder is subject to a existing
lien or liens set forth above. The respective transferee of such property agr es to
indemnify and save harmless the other party from any claim or liability tha such other
party may suffer or may be required to pay on account of such lien or encu?brance.
10
9. Complete Listina of Property. The parties repres nt and warrant
to each other that the property described in this Agreement represents all f the property
in which they have any right, title and interest, and that such property is s4bject to no
mortgage, pledge, lien, security interest, encumbrance or charge except th?se which are
disclosed herein.
10. Equitable Distribution of Property. By this A
parties have intended to effect an equitable distribution of their jointly
The parties have determined that an equitable division of such property o
and right standard, with due regard to the rights of each party. The divisi
marital property is not intended by the parties to constitute in any way a s,
of assets, and the division is being effectuated without the introduction of
or other property not constituting a part of the marital estate. It is the i
parties to treat all transfers of property herein as non-taxable.
11. Relinquishment of Ownership. Except as provide
Husband forever relinquishes any right or interest he may now or hereafte:
assets now belonging to Wife, and Wife forever relinquishes any right or i
now or hereafter have in any assets now belonging to Husband.
12. After-Acquired Proven . Each of the parties sh
and enjoy independently of any claim or right of the other, all items of p
real, personal or mixed, tangible or intangible, which are hereafter acqui
ment, the
;d property.
forms to a just
of existing
e or exchange
utside funds
ion of the
l herein,
have in any
Merest she may
hereafter own
erty, be they
by him or
11
her, with full power in him or her to dispose of the same as fully and
respects and for all purposes as though he or she were unmarried.
13. Debts.
lively, in all
A. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: Wife shall be solely responsible for the mortgage r0ative to the
marital home as more fully set forth in Paragraph 2(B)(2). Wife shall be
responsible for the automobile loan associated with her 2005 Honda CRV. I In the event
either party had credit card accounts on which he or she maintained a
date of separation, the parties agree that they shall be solely liable for the
their respective accounts.
Husband covenants and agrees that if any claim, action or
hereinafter initiated seeking to hold Wife for any of the debt set forth
Husband will at his sole expense, defend Wife against any such claim or
whether or not well-founded, and that he will indemnify and hold harml(
respect of all damages as resulting therefrom. Damages as used herein s.
claim, action, demand, loss, cost, expense, penalty, and other damage, in
ce as of the
dances on
roceeding is
L above,
mand,
Wife in
l include any
ding without
limitation, counsel fees and other costs and expenses reasonably incurred i4 investigating
or attempting to avoid same or in opposing the imposition thereof or
indemnity, resulting to Wife.
Wife covenants and agrees that if any claim, action or
hereinafter initiated seeking to hold Husband for any of the debt set forth
Wife will at her sole expense, defend Husband against any such claim or
whether or not well-founded, and that she will indemnify and hold
this
is
above,
4 Husband in
12
respect of all damages as resulting therefrom. Damages as used herein sh 11 include any
claim, action, demand, loss, cost, expense, penalty, and other damage, inc uding without
limitation, counsel fees and other costs and expenses reasonably incurred ?n investigating
or attempting to avoid same or in opposing the imposition thereof or
indemnity, resulting to Husband.
B. All debts, contracts, obligations or liabilities ii
time in the past or future by either party will be paid promptly by said p?
except as otherwise specifically set forth in this Agreement; and each of
further promises, covenants and agrees that each will now and at all times
harmless and keep the other or his or her estate indemnified and save harm
debts or liabilities incurred by him or her, as the case may be, and from all
and demands whatsoever with respect thereto, and from all costs, legal or
ing this
rred at any
, unless and
parties hereto
ereafter save
ess from all
fictions, claims
therwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. l either party
shall, as of the date of this Agreement, contract nor incur any debt or liabil#y for which
the other or his or her property may be responsible, and shall indemnify an# save
harmless the other from any and all claims or demands made against him of her by reason
of debts or obligations incurred by him or her and from all expenses, legal osts, and
counsel fees unless provided to the contrary herein.
rties further
14. Bankruptcy or Reorganization Proceedings. The i
warrant that they have not heretofore instituted any proceedings pursuant t he
which
bankruptcy laws nor are there any such proceedings pending with respect t hem
have been initiated by others. It is stipulated and agreed by the parties thaa terms of
this Agreement as they resolve the economic issues between the parties incidental to their
13
divorce and the obligations of the parties to each other resulting therefrom shall not be
dischargeable in bankruptcy, should either party file for protection under the Bankruptcy
Code at any time after the date of execution of this Agreement.
The payments called for in this Agreement are not intended to be a debt
which is affected by a discharge in bankruptcy and the terms of this Agreement are not
subject to discharge in bankruptcy because the parties acknowledged that uch are
necessary for the parties to meet their financial obligations and to support d maintain
their standard of living as well as that of the parties' children. The parties
that there are not bankruptcy proceedings presently pending and they agre4 not to file a
bankruptcy action prior to the completion of their respective obligations pl?rsuant to this
Agreement. Furthermore, any debt addressed in this Agreement shall not l e discharged
in a bankruptcy action filed by or on behalf of one of the parties hereto. Aiso, if either
party files for bankruptcy, this Agreement shall constitute conclusive evid?nce of the
parties' intent that the obligations in the nature of maintenance and suppol are not
dischargeable under current bankruptcy law or under any amendment thereto. Further, if
either party institutes any action in bankruptcy or any other bankruptcy pro eeding is
instituted in which a party's right to have payments made by the other becolmes a matter
for judicial review, the parties agree to consent to any motion filed by the other with the
bankruptcy courts, wherein the party may request that the bankruptcy court abstain from
deciding the dischargeability of said obligation and any other obligations to said party
thereunder in order to allow the appropriate Court of Common Pleas to
issue.
upon this
14
15. Alimony. The parties mutually agree to forego or waive any right
to alimony, alimony pendente lite, and spousal support.
16. Full Disclosure. The parties waive their rights to r?quire the filing
of financial statements by the other, although the parties have been advise by their
respective attorneys that it is their legal right to have these disclosures ma a prior to
entering into this Agreement and by entering into this Agreement without eliance upon
financial disclosure, the parties are forever waiving their right to request o use that as a
basis to overturn this Agreement or any part thereof.
17. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every 41aim that each
other may now have, or hereafter have or can have at any time, against the lother, or in
and to or against the other's estate, or any part thereof, whether arising out lof any former
contracts, engagements or liabilities of the other, or by way of dower or cl#m in the
nature of dower, widow's rights, or under the intestate laws, or the right to hake against
each other's will, or for support or maintenance, or of any other nature
except any rights accruing under this Agreement or as otherwise stated in s Agreement.
18. Waiver of Beneficiary Desiznation. Unless othe se
specifically set forth in this Agreement, each party hereto specifically waiv s any and all
beneficiary rights and any and all rights as a surviving spouse in and to an asset, benefit
or like program carrying a beneficiary designation which belongs to the o er party under
the terms of this Agreement, including, but not limited to, pensions and ret' ement plans
of any sort or nature, deferred compensation plans, life insurance policies, uities,
15
ribution
stock accounts, bank accounts, final pay checks or any other post-death dj
scheme, and each party expressly states that it is his and her intention to r oke by the
e in
terms of this Agreement any beneficiary designations naming the other w ch ar
effect as of the date of execution of this Agreement. If and in the event tother party
continues to be named as beneficiary and no alternate beneficiary is
designated, the beneficiary shall be deemed to be the estate of the
19. Indemnification. Each party represents and
that he or she has not incurred any debt, obligation, or other liability,
in this Agreement, on which the other party is or may be liable. Each pa
and agrees that if any claim, action or proceeding is hereinafter initiated
the other party liable for any other debts, obligations, liability, act or om
party, such party will at his or her sole expense, defend the other against
party.
is to the other
than described
covenants
-king to hold
ion of such
?v such claim
or demand, whether or not well-founded, and that he or she will indemnify I and hold
harmless the other party in respect of all damages as resulting therefrom.
used herein shall include any claim, action, demand, loss, cost, expense,
other damage, including without limitation, counsel fees and other costs an
reasonably incurred in investigating or attempting to avoid same or in oppc
imposition thereof or enforcing this indemnity, resulting to Husband or Wi
inaccurate representation made by or on behalf of either Husband or Wife
this Agreement, any breach of the warranties made by Husband or Wife to
mages as
dty, and
expenses
ng the
from any
the other in
ie other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or
give the other prompt written notice of any litigation threatened or
agrees to
l against
16
either party which might constitute the basis for a claim for indemnity pur uant to the
terms of this Agreement.
20. General Provisions. This Agreement constitutes a entire
understanding of the parties and supersedes any and all prior agreements d negotiations
between them. There are no representations or warranties other than thos expressly set
forth herein.
21. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their resp tive counsel.
Each party acknowledges that he or she has received independent legal ad ice from
counsel of his or her selection and that each fully understands the facts an has been fully
informed as to his or her legal rights and obligations. Each party acknowl dges and
accepts that this Agreement is, under the circumstances, fair and equitable,
being entered into freely and voluntarily after having received such advice
knowledge, and that execution of this Agreement is not the result of any du
influence and that it is not the result of any collusion or improper or illegal
agreements.
22. Breach. It is expressly stipulated that if either party
due performance of any of his or her material obligations under this
party shall have the right, at his or her election, to sue for damages for
sue for specific performance, or to seek any other legal remedies as may be
the defaulting party shall pay the reasonable legal fees for any services renc
i that it is
l with such
s or undue
,-eement or
is in the
it, the other
thereof, to
,ailable, and
ed by the
17
non-defaulting party's attorney in any action or proceeding to compel
hereunder.
23. Independent Separate Covenants. It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof s all be deemed
to be a separate and independent Agreement.
24. Void Clauses. If any term, condition, clause or pro ision of this
Agreement shall be determined or declared to be void or invalid in law or therwise, then
only that term, condition, clause or provision shall be stricken from this A#eement and
in all other respects this Agreement shall be valid and continue in full forc , effect and
operation.
25. Execution of Documents. Each party shall on dem d execute
any other documents that may be necessary or advisable to carry out the previsions of
this Agreement.
26. Applicable Law. This Agreement shall be construe under the
laws of the Commonwealth of Pennsylvania.
27. Non-Mercer. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such de ee and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with r spect to the
parties, but shall not be deemed to have been merged with such Decree.
18
• , s W 1
28. Disclosure and Waiver of Procedural RiAts. E ch party
understands that he or she has the right to obtain from the other party a co plete
Inventory or list of all property that either or both parties own at this time or owned as of
the date of separation, and that each party has the right to have all such property valued
by means of appraisals or otherwise. Both parties understand that they have the right to
have court held hearings and make decisions on the matters covered by this Agreement.
Both parties understand that a court decision concerning the parties' respe tive rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, ?nd that the
Agreement is not the result of any fraud, duress, or undue influence exerc4ed by either
party upon the other or by any other person or persons upon either party. Ooth parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense
party as provided by the Pennsylvania Divorce Code.
C. The right to have property identified and appraised.
d. The right to discovery as provided by the
Civil Procedure.
it of the other
Rules of
e. The right to have the Court determine which prope4 is marital
and which is non-marital, and equitably distribute between *e parties that
property which the Court determines to be marital, and to s4 aside to a
19
a ( . i • •
party that property which the Court determines to be that p#rty's non-
marital property.
E The right to have the Court decide any other rights, emedi
privileges, or obligations covered by this Agreement and/o arising out of
the marital relationship, including but not limited to possib claims for
divorce, child or spousal support, alimony, alimony penden a lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
29. Tax Advice. Both parties hereto hereby acknowled a and agree
that they have had the opportunity to retain their own accountants, certifie public
accountants, tax advisor, or tax attorney with reference to the tax implicati ns of this
Agreement. Further, neither party has been given any tax advice by their r spective
attorneys. Further, both parties hereby acknowledge that they have been a4vised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to a tax
implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that the have read
this particular paragraph and have had the opportunity to seek independent
30. Lesal Fees. Husband and Wife hereby agree to be
responsible for his or her respective legal fees, costs, and expenses.
31. Representation of Parties. The parties have
the terms of this Marriage Settlement Agreement. Wife has been re;
advice.
worked out
d by
20
l.. i f .
Kristin R. Reinhold, Esquire. Husband has been represented by John C. T
weft, Jr.,
Esquire.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day an year first above written.
itnes Melissa A. Harris
Witness 4EHarri
s
COM
MONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
S?
On thiso day of 2008, before me Subscriber, a
Notary Public, for the Commonwealth of Sylvania, came Melissa A. Harris, known
to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement
Agreement.
Melissa A. Harris
Witness my hand and Notarial seal, the day and year of
Notary Public
My Commission
Renee Drop
rwer Paxton
21
t- ? .. ??
9 s..6 ..
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
X`'
On this V' day of ?u..5k , 2008, before me Subscriber, a
Notary Public, for the Commonwealth o Pennsylvania, came Jason E. Harris, known to
me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement
Agreement. A
Jason FJ Harris
Witness my hand and Notarial seal, the day and year aforeso
1i'
Notary Publi
My Commission Expires:
7
22
C. rxa
c; ?' nl
13
I .?
MELISSA HARRIS,
Plaintiff
V.
JASON E. HARRIS,
Defendant
IN THE COURT OF COMMON P
CUMBERLAND COUNTY, PEN]
NO. 07-2496 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
PRAECIPE TO TRANSAUT RECORD
To the Prothonotary:
Transmit the record, together with the following i
for entry of a Divorce Decree:
VANIA
1, to the Court
1. Ground for divorce: irretrievable breakdown under ection
(x) 3301 (c) () 3301 (d) of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: May '7, 2007 by
first-class mail, postage prepaid.
3. Complete either (a) or (b).
(a) Date of execution of the Affidavit of Consent
Section 3301(c) of the Divorce Code: August 21, 2008 by Plaintiff; Aul
Defendant.
fired by
14, 2008 by
(b) (1) Date of execution of the Plaintiff s Affidavi required by
Section 3301(d) of the Divorce Code:
(2) Date of service of the Plaintiff's Affidavit u?on the
Defendant:
4. Related claims pending: The Marriage Settlement Agreement
between the parties shall be incorporated but shall not merge with the final Decree in
Divorce.
5. Complete either (a) or (b).
(a) Date and manner of service of Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached:
(b) Date Plaintiff s Waiver of Notice in §3301(c) D vorce was
filed with the Prothonotary: August 22, 2008.
Date Defendant's Waiver of Notice in §3301(c) ivorce was
filed with the Prothonotary: August 22, 2008.
6. Social Security Numbers:
(a) Plaintiff: 177-52-2478
(b) Defendant: 241-47-3286
J Ls
rn
?r j?
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
MELISSA A. HARRIS. II
Plaintiff
No. n7-2496 civil Term_
VERSUS
JASON E. HARRIS,
DECREE IN
DIVORCE
AND NOW, J Cptt M \ ttof hOOv, IT IS ORDERED AND
DECREED THAT Melissa A. Harris , PLAINTIFF,
AND Jason E. Harris DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Marriage Settlement Agreement between the parties shall be
incorporated but shall not merge with the final Decree in Divorce.
BY THE COURT:
ATT T: J.
PROTHONO A
4vrloe
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