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HomeMy WebLinkAbout01-3221KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : CIVIL ACTION - LAW ;NO. KRISTINE L. HARRISON, : 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 of divorce or annulment may be entered against you by the Court. A judgmcot may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Harrisburg, 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 CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. ol- ~.~ KRISTINE L. HARRISON : Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, KEITH A. HARRISON, by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, KRISTINE L. HARRISON, upon the grounds hereinafter set forth: 1. Plaintiff is KEITH A. HARRISON. an adult individual, residing at 315 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is KRISTINE L. HARRISON, an adult individual, residing at 26 York Circle, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiffand Defendant were married on June 22, 1985 in Camp Hill. Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of United States of America. 7. The Defendant is not a member of the Armed Services of the United States. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irre~evably broken. 10. Plaintiffrequests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree in Divorce dissolving the marriage between the parties. Respectfully submitted, Robert B. Lieberman, Esquire 500 N. Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verity' that the statements made in the tbregoing Complaint in Divorce are true and correct based upo,~ my personal knowledge, i,fom~ation wad belief. 1 tmderstand that false statements herein are inade subject to the penalties of 18 Pa.C.S. §4904, relating to tmsworn falsification to authorities. DATED: ~./-o! ~ Keith A. Ha~'rison. Plaintiff DIV CE OR ANNULMENT CumberianO (CHECK ONE) [] H SSN 209-56-0144 HUSBAND Keit~ A. Harrison B,m~ 10 25 65 315 North MarKet St. Mechanicsbur~ C~mlberland PA BIRTH PA S. NUMBER 6. RACE 7. UEU&LOCCUPATION or T..E w..~ E~. OMB. MARRIAGE 1 [] [] [] Driver t W SSN 196-58-9925 WIFE · Kristine L. Sharp E,.T. 6 2 65 26 York Circle Mac~a~m~h,lrq ~..~.rland PA mR~H PA TH,E mm 6 22 85 M~EmAGE Cumberland PA -.,,,...,~E 1 1 [] [] [] ~] [] [] 20. NUMBER CF HUSBAND WIFE SPLIT CUSTODY OTHER (BI.City) { 21. LEGA& GROUNDS FOR CHILDREN TO [] [] [] I B,~ROB O"*~.ULMENT Mutual Consent .. , . . ..: !.,.:.... KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : NO. 01-3221 CIVIL KRISTINE L HARRISON, : Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF DAUPHIN : Personally appeared before me, a Notary Public, in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on May 25,2001, a Complaint in Divorce was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on June 1, 2001, l forwarded by certified mail. return receipt requested, a certified copy of the Complaint in Divorce to the Defendant, KRISTINE L. HARRISON, 26 York Circle, Mechanicsburg, Cumberland County, Pennsylvania, as evidenced by the sender's receipt attached hereto. 3. That the aforesaid certified copy of the Complaint in Divorce sent to Defendant, KRISTINE L. HARRISON, was delivered on June 7, 2001, as evidenced by the return receipt card signed by Defendant and attached hereto. KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM CERTIFICATE OF SERVICE I, Sarah Johnson, hereby certify that I am serving a true and correct copy of the PRAECIPE TO ENTER APPEARANCE on Robert B. Leiberman, Attorney at Law, at 500 North Third Street, Twelfth Floor, P.O. Box 1004, Harrisburg, Pennsylvania, 17108, by depositing a copy of the same in the United States mail, first class, postage prepaid, on this date. Respectfully submitted, I/ I 5 ' ....... Date L ?.:~2~ ~. ~L.~&~ I Sarah E. Johnson, ffertified Legal Int~'m Robert E. Rains, Supervising Attorney Lucy Johnston-Walsh, Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM PRAECIPE TO ENTER APPEAILSs_NCE To the Prothonotary: Please enter the appearance ofthn Family Law Clinic on behalf of Kristine L. Harrison, the Defendant in the above captioned matter. Respectfully submitted, Date /~//~//~ ~,~(~-~~~ Sarah E. Johnson' Certified Legal Intern ~HOM~ M.~LACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM PETITION FOR ALIMONY AND NOW comes the defendant in the above-captioned divorce action by and through her attorneys, the Family Law Clinic, and sets forth the following petition for alimony and equitable distribution, pursuant to Pa.R.C.P. 1920.15(b): 1. The defendant/petitioner is Kristine L. Harrison, residing at 26 York Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. The plaintiff/respondent is Keith A. Harrison, residing at 14 North Chestnut Street, Dillsburg, York County, Pennsylvania. 3. Defendant/petitioner requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. 4. Defendant/petitioner lacks sufficient property to provide for her reasonable needs. 5. The only income defendant/petitioner currently receives is her monthly Social Security Disability Insurance (SSDI) check. 6. The defendant/petitioner would also be receiving long term disability benefits from her employer, however, due to an overpayment, she is not currently receiving those benefits. At the time of the overpayment, defendant/petitioner was supporting the family with her benefits and plaintiff/respondent was unemployed. 7. The plaintiff/respondent is employed and is able to provide for the reasonable needs of the defendant/petitioner. 8. The defendant/petitioner is disabled and is unable to work, thus the plaintiff/ respondent's earning capacity exceeds the defendant/petitioner's earning capacity. 9. The couple's minor child, Andrew, age 15, is in the care of defendant/petitioner. WHEREFORE, defendant/petitioner requests the Court to enter an award of reasonable alimony, and such other relief as the Court deems just. Respectfully submitted. S~.rah E. Johnson, Certified Legal Intern Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 VERIFICATION I hereby verify that the statements made in the foregoing Petition for Alimony are true and correct, to the best of my knowledge, information and belief. I understand that making a false statement would subject me to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification authorities. ~ KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM CERTIFICATE OF SERVICE I, Sarah Johnson, hereby certify that I am serving a Ixue and correct copy of the PETITION FOR ALIMONY on Robert B. Leiberman, Attorney at Law, at 500 North Third Street, Twel~h Floor, P.O. Box 1004, Harrisburg, Pennsylvania, 17108, by depositing a copy of the same in the United States mail, first class, postage prepaid, on this date. Respectfully submitted, Sarah E. Johnson, Certified Legal Intern Robert E. Rains, Supervising Attorney Lucy Johnston-Walsh, Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Kristine L. Harrison, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Sarah E. Johnson Certified Legal Intern THOM~,S,~.~LACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attoroeys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 In the Court of Conm~on Pleas of Ct,rn~)(X~ County, Pennsylvania Phone: p'' '~Name ~.~3~ A. lalntlI! : , Defendant Name: ~C~,_~tP~--__. Sum er: PACSES Ca~ Number: Other Sram ID Number: fl~ ~le: ~ co~e mint ~ ~ PACS~ C~ Nm~r. ~come and g~n~e Statement THIS FORM MUST BE FILED OUT (If you are ~lf~mployed or if you ~ ~ by a busi~ of wMch you ~ o~r in w~le or pm, you m~t ~so fill out ~e Su~lemenml I~ome Smte~nt w~ch a~ on ~ge t~ of ~s i~ and expe~e INCOME STATEMENT OF S~ion i: ~ INCOME: . Add~ss Type of Wo~ Pa}~ll No. Om~ Pay ~r Pay ~r~ $ Pay ~ (w~y., bi.w~y., ~.) llcm~d ~yroll ~duct~: ~ct Pay per ~y ~ri~ $ OTHER (F~ ~ A~mp~ Col~) INCOME ~EK MON~ ~ PRO~R~ O~D DE~RI~ION V~ H W J ~st S S S Dividends ~u]tI S~inl~curity / [ ~ t~ C~Un~n E~cn~ ~counl ~al Gifts Com~nsadon Omar TOTAL S TOTAL INCOME S , ~ ¢ ,; .... .... ,.., ...... t, "' ~ " ~ ~.=~ '.. ~ ........ .., Fo~[N-008 (_~ ~ ~s-~-~ ~ ) ' · -' ~ . ....... Income and Expm~.,~ Statement PACSES Case Number INSURANCE COMPANY POLICY # H W C Hosoital R[ue Cross [I, C3,.C.G v/ other Disability Income Dental Other * H =Husband; W=Wife; C-Child .~..t'tion Il: SuoP!~nmtnl Income Statement a. This form is to be tilled mit by a person [] (I) who operates a business or practices a proi~ssJon, or [] (2) who ~s a member of a patlncrship or joint ventute, or [] (3) who is a shareholder ~o and is s~lar~d by · ¢los~il co,oregon or simil~ enlity. b. Atl~¢h lO Ibis il~l~lll~Ol · Copy O[' [h~ fo[Iowio~ documgfllZ telelio~ IO ~te pann~tehip, joiol ventute, bnsincss, pro,salon. corporation or similar entity: (I) the most tecent Federal Incoo~ Tax P~tum. and (2) the most ~c~nt Profil and Loss Statement c. Name of business: Addtess and telephon~ nunfo~r: d. Natute of bnsioess (chit. Ii [] {1) parm~rship [] (2) joint venture [] (3) pwfession [] (4) closed corporation [] (S) oLher ~. Name o1' a¢cot~l~LaOt, cofltrollef or o~tef L~!fTOll in How o~n is income received? Gross income per pay period: (3) Net income per pay period: Specified deductions, if any: Pa.~e 2 of 3 Form IN-O08 Worker ID Sc r','icc Tvpc Income and Expcpsc Statement PACSES CJts~ Numl~r Section [11: Instructions: O~y show extra,)rdi~u~ *xpeme~ in ~fis section u~s you filled mil S~fion [I on pa~e ~o. ~ camgodes in BOLD I~)NT sm ,specially ~po~am for e~lcu~m~g child sup~n. If you am requesting S~u~al SupI~APL or if you assert your c~s* cs~ol ~ dole~i~d a,co~ing m ~ gffi~ ~ds or fo~uh. ~is s*clion mini ~ ~Y ,omp[el~d. (Fill in App~r~ Co~m) (Fill in App~r~ Colu~) EXPENSES EXPENSES WEEK MOtH YE~ (~m~ued) ~EK MONTH ~AR Hom~ Maintc~ CoI~ Utilities G;s · I~blic 'l'ranspon. S S~ S .... Taxes Life Accidem Medical Charitab~ ~ C~a O~odontia~ -~ ~Y ~ - ' .... S S~i~ n~ j V~ 1~- ~' ( ~',mon,~ Imrein "r~ subject I° Ihe c~i=[ PO=kms ~f 18 ~' C'S' ~ ~~1 P~g~ 3 of 3 Fo~ IN-~8 Worker ID ~ Type KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ; v. : CIVIL ACTION - LAW : NO. 01-3221 CIVIL KRISTINE L. HARRISON, : Defendant : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days at, er this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION ;}301(d~ OF THE DIVORCE CODE The parties to this action separated on February 1, 2001 and have continued to live separate and apart for a period of at least two years. The marriage is irretrievably broken. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if ! do not claim them before a divorce is granted. I veri~y that the statements made in this aff~davit 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 falsification to authorities. Plaintiff KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM PETITION FOR EOUITABLE DISTRIBUTION AND NOW comes the Defendant (hereinafter "Wife") in the above captioned divorce action by and through her attorneys the Family Law Clinic, and sets forth the following petition for equitable distribution, pursuant to Pa. R. C. P. 1920.15(b): 1. Wife is Kristine L. Harrison, currently residing at 26 York Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Plaintiff (hereinafter "Husband") is Keith A. Harrison, currently residing at 14 North Chestnut Street, Dillsburg, York County, Pennsylvania. 3. Wife is disabled, and therefore unable to work. 4. Wife's only source of income is her monthly Social Security Disability Insurance (SSDI) checks, which amounts to $937.00 per month. 5. Husband is employed full time as a tow-truck driver, and his monthly gross income is $2, 382.00. 6. The parties' child, Andrew, age 15, is in the care of Wife. 7. The parties have acquired marital assets and debts subject to equitable distribution under the Divorce Code, including, but not limited to the following: a. Thc parties' 1986 Terry 5th wheel camper; b. The parties' 1995 Ford truck; c. The parties' furniture and other various items of personal property. WHEREFORE, Wife respectfully requests that this Court equitably divide the marital property and debts between the parties and grant such other relief as the Court deems just. Respectfully submitted, Nicholas Aloia Certified Legal Intern _ LUCY ~OHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Petition for Equitable Distribution are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unswom falsification to authorities. Date: .J-,.,.,-,~;~ ~- ~'~ Defendant KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM CERTIFICATE OF SERVICE I, Nicholas Aloia, do hereby certify that on this date I am serving a u'ue and correct copy of Petition for Equitable Distribution, on opposing counsel, Robert B. Lieberman, 500 North Third Street, 12'h Floor, P.O. Box 1004, Harrisburg, PA 17108-1004, by depositing the same in the United States mail, first class, postage prepaid. Nicholas Aloia : ~ DI~ ogEE K~S%~E L. ~A~SO~' : ~O. 01'3221 CI~ ~ Defender, P~6 net ~' - ation of the Defenfl~t's A~D ~OW, ~is ~ da5 of ~' 2003, upon Petition for Speci~ Relief it is Orflered and Decree~ 1. A he~ng ~garding Defender's p~ition for Special Relief is scheduled for at/~,clock ff. m., in Cou~mom No. ~, C~rl~d Coun~ ~, 2003 Co~house, Cmlisle, PA' . · · en'oinefl~om 2. pending s~d hearing ~fl ~her oder of CouP, the p~mttff Wheel Career. 1986 Te~ fles~ying, ~ing, encumbering or hiding the p~eS' B~ the CouP, KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff, Respondent : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant, Petitioner : NO. 01-3221 CIVIL TERM PETITION FOR SPECIAL RELIEF PURSUANT TO Pa. R. C. P, 1920.43 AND NOW comes the Defendant/Petitinner (hereinafter "Wife") in the above captioned divorce action by and through her attorneys, the Family Law Clinic, and sets forth the following petition for special relief: 1. Wife is Kristine L. Harrison, currently residing at 26 York Circle, Mechanicsburg, Cumberland County, Pennsylvania. 2. Plaintiff/Respondent (hereinafter "Husband) is Keith A. Harrison, currently residing at 14 Nor~h Chestnut Street, Dillsburg, York County, Pennsylvania. 3. Husband and Wife were married on June 22, 1985 in Camp Hill, Cumberland County, Pennsylvania. 4. On May 1. 2001 Husband filed the instant divorce action. 5. During the parties' marriage, Wife's mother, Nancy L. Sharp, pursuant to an oral agreement, loaned the parties $8, 000.00 for the purchase of the parties' Terry 5* wheel camper, which Husband and Wife own jointly, and which served as the marital residence for approximately 2 years. 6. Husband and Wife to this date have made no payment to Ms. Sharp on the loan. 7. In 1998, the parties took out a loan with Arcadia Financial for the purchase of a 1995 Ford F350 truck, which the parties used to haul the aforementioned camper, and which currently is in Husband's sole possession. 8. On August 12, 2002 Husband and Wife took the parties' camper to Radabaughs Camping Trailers, Inc., 2464 Valley Road, Marysville, PA and placed the camper on consignment in an attempt to sell the camper and repay a portion of the $8,000.00 loan. Husband and Wife signed an agreement with Radabaughs Camping Trailers, Inc., dated August 12, 2002, which provides that the proceeds from any sale are to go to Wife's mother, Nancy L. Sharp. A true and correct copy of the agreement is appended hereto as Petitioner's Exhibit !, and is incorporated herein by reference. 9. On May 3, 2003 Husband unilaterally removed the camper from Radabaughs Camping Trailers, Inc. without the consent, or prior knowledge, of Wife, and has since denied Wife access to the camper. I 0. Husband has not disclosed to Wife the camper's location. 11. Husband has allowed the insurance on the camper to lapse, and currently the camper is uninsured. 12. Despite the fact that the camper is uninsured, Husband continues to enjoy the use of the camper. 13. Husband has informed acquaintances of Wife that because the camper is uninsured he would "burn the camper," so that Wife's mother will receive no compensation for the $8, 000 loan. Based on this information, Wife fears that Husband might destroy the camper. 14. Husband's actions could cause immediate and irreparable injury to the parties' most significant marital asset. 15. Wife desires that the parties' camper be placed in her possession, at her residence, 26 York Circle, Mechanicsburg, PA 17050. 16. Radahaughs Camping Trailers, Inc. has informed Wife that the camper must be insured before it can be placed on consignment. Accordingly, Wife desires that Husband execute all documents necessary to Iransfer his title in the camper to Wife, so that Wife can in turn ~ansfer title to her mother, Nancy L. Sharp, who will then provide the necessary insurance through her automobile insurance. 17. Thereai~er, Wife desires returning the situation to its status quo, by having the camper returned to Radabaughs Camping Trailers, Inc 18. Pursuant to C.C.R.P. 206-2(c) the Family Law Clinic informed opposing counsel of its intention to file this petition for special relief, and opposing counsel did not WHEREFORE, Wife asks the Court to enter an order as follows: 1. Immediately enjoin Husband from destroying, harming, encumbering or hiding the parties' 1986 Terry 5th Wheel Camper. 2. Schedule a hearing on this petition and after that hearing: a) Direct Husband to transport forthwith the parties' 1986 Terry 5th Wheel Camper to Wife's residence. b) Grant an injunction preventing Husband from thereafter removing the camper from Wife's residence. c) Direct Husband to execute forthwith all documents necessary to transfer title to the camper to Wife. d) Direct Husband to execute forthwith any documents necessary to authorize Radabaughs Camping Trailers, Inc. to sell said camper. Respectfully Submitted, Date: · J Nicholas Aloia Certified Legal Intern THOMAS M. PLACE Supervising Attorney LUCY .IOHNSTON-WALSH Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in this Petition for Special Relief are tree and correct to the best of my personal knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn Date:~ EXCLUSIVE CONSIGNMENT CONTRACT '/ FOR SALE OF MANUFACTURED HOME OR RECREA~ONAL VEHICLE (In this contract the wo~s I, me and my reler 1o the O~er(s) signmfl thrs In conmderalion of your agreement 16 use your ellods to find a Purchaser for the Maflufa~umd Home or R~rea- henal Vehicle hemm described I hereby giveyou Jhe ~te and exclusive r~gM to sell within de~ri~ Manuf~tur~ HO ne or Recreatona Vehcle ~r a ~riod of ~ays from this dple and thereafter until this agreement shall have been revoked by ten (10) days no ice of erminahon in writing delivered ~ you. but in any event ~r not longer than~ mop,Ih(s) from date aulhorized to negotiate tot Iha J~ale ~).1, an~[ Io sell. said Manufaclu~ Home or Recreeaonal Vetacle KEITH A. HARRISON. : IN THE COURT OF COMMON PLEAS OF Plaintiff, Respondem : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant, Petitioner : NO. 01-3221 CIVIL TERM CERTIFICATE OF SERVICE I, Nicholas Aloia, certify that on this date I am serving a true and correct copy of Petition for Special Relief on Robert B. Lieberman, Esq.. 500 North Third S~eet, 12th Floor, Harrisburg, PA, P.O. Box 1004, by United States mail, first class, postage prepaid, and by fax (717) 236-7777. Date: oT,..l_.~_2._'~ ~ ~ ~ Nicholas Aloia KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM INVENTORY OF KRISTINE L. HARRISON Defendant files the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory and appraisement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) I. Real property (x) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (x) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) I1. Oifis ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans ( ) lC. Pension plans (indicate employee con~'ibution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts (x) 20. Disability payments (x) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Number of Pronertv All Owners I Sofa "Kristine & Keith Harrison" 2 Recliner " " 3 19" T.V. " " 4 King Size Bed " " 5 Lamps " " 6 End Tables " " 7 Sofa Tables " " 8 Coffee Table .... 9 27" T.V. " " 10 Dresser & Mirror " " 11 35 mm Minolta Camera " " 12 RCA Camcorder " " 13 DVD Player .... 14 Fishing Equipment " " 15 Microwave .... 16 China Set " " 17 Desk " " 18 File Cabinet " " 19 Book Case " " 20 1970 Ford Chevelle " " 21 Steel Tool Box " " 22 Kenwood AM/FM CD " " player 22 Jensen AM./FM CD player" " 23 Two 100 Watt Amplifiers " " 24 Two 100 Watt Sub-Woofers" " 25 Accidental Life Insurance " " Policy, $25,000 face value, $0 cash surrender value, current beneficiary is Keith Harrison 26 Litigation claim against " " Allstate Insurance and Larry Morrison for $6,026 filed on November 10, 2003, in Silver Springs District Court before Justice of the Peace, Thomas Placey, District Court No. 09-3-04 27 $400.00 child tax credit " " check bom the IRS NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: item Description Reason for Number of Pro e_~_q__.r_.r_.r'~ Exclusion 1 Patio Set Purchased after Plaintiff left the marital residence and with funds from an insurance policy in which only Defendant is a policy holder 2 lip Pavilion Computer Purchased after Plaintiff left the marital residence and with funds from an insurance policy in which only Defendant is a policy holder 3 VCR Purchased by Defendant's mother as a gift for Defendant 4 Disability Benefits Disability payments including SSDI & do not constitute private 3~ party marital propen'y benefits from Integrated Disability Resources, Inc. Both SSDI and private 3e party benefits are received on a monthly basis. PROPERTY TRANSFERRED Item Description Date of Person to Whom Number of Pro e_.~..~_r~ Transfer Consideration Transferred LIABILITIES Item Description Names of Names of Number of Prooer~ All Creditors All Debtors 1 1995 Ford Amadia Financial Kristine & Keith Harrison F 350 Truck 2 3~ Party Disability Integrated Disability Kristine Harrison Benefits Resources, Inc. KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM CERTIFICATE OF SERVICE I, Nicholas Aloia of the Family Law Clinic certi~ that on this date I am serving a true and correct copy of Inventory of Krisfine L. Harrison on the following individual by depositing the same in the United States mail, first class, postage prepaid: Timothy J. Colgan, Esq. I South Baltimore Street Dilsburg, PA 17019 Date:/~]~ve,~b~, ~.~ ~,OO'~ '~ ~ Nicholas Aloia KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE KRISTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM PRAECIPE TO WITHDRAW CLAIM FOR EOUITABLE DISTRIBUTION To the Prothonotary: Kindly allow Defendant Kristine L. Harrison to withdraw her Claim for Equitable Distribution filed in the above captioned matter on June 25, 2003. Respectfully submitted, Date 03/1~./0,~ ~,,~.~ ~ ~ Carolyn M. Fenton Certified Legal Intern S ~1. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE K_PdSTINE L. HARRISON, : Defendant : NO. 01-3221 CIVIL TERM CERTIFICATE OF SERVICE 1, C~rolyn M. Fenton, do hereby certify that on this date I am service a true and correct copy of Praecipe to Withdraw Claim for Equitable Distribution, on Attorney Timothy J. Colgan, I South Baltimore Street, Dillsburg, PA 17019. by the depositing the same in the United States mail, first class, postage prepaid Date: O.~t~ ~ m ~ · Caroly~ M. Fenton * IN TItE cOURT OF cOMMON PLEAS A. H SO intigg', C n EgCA D COL T¥, pE SV. VA A * No. 01-3221 Civil Term , CML ACTION LAW KRISTINE L. HARRISON, , IN DIVORCE Defendant 1. A complaint in Divorce under §3301(c) oft_he Divorce: Code was filed on May 25, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce afier 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 made herein are subject to the penalties of 18, Pa. C.S. §4904 relating to unswom falsification to authorities. Date plaintiff * IN THE COURT OF COMMON PLEAS r~ITa A. a~gms°~in~' . CL~Y~E~D co~TY, pENNSYLV ~IA . No. 01-3221 Civil Term VS. ~ . CIVIL ACTION LAW KRISTINE L. HARRISON, * IN DIVORCE Defendant 1. I consent to the entry of a final decree of divorce withou't notice. division of property, lawyer's I understand that I may lose fights concerning alimony, 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 veri~ that the statements made in this affidavit are m~e and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ~ Plaintiff Date . IN THE COURT OF COMMON PLEAS ~ITH A. H~USO~inti~f' * CtV~ERLA~ COUNTY, p~s~V~ . No. 01-3221 Civil Term ~ CIVIL ACTION LAW ~STINE L. HA~8ON~ IN DIVORCE Defendant ~0fiL * IN THE COURT OF COMMON PLEAS KEITH A. HARRISO~intiff, , CUMBERLAND cOUNTY, PENNSYLVANIA * No. 01-3221 Civil Term VS. * * CIVIL ACTION LAW KRISTINE L. HARRISON, * IN DIVORCE Defendant 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if1 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 immediately after it is filed with the Prothonotary. that a copy of the decree will be sent to me I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. · /.z ~ Date THIS AGREEMENT, made this ~/'~ day of _/~e~ 2004, by and between KEITH A. HARRISON, of Dillsburg, York County, Pennsylvauia (hereinafter referred to as "HUSBAND") and KRISTINE L. HARRISON, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on June 22, 1985. Wl:IF~REAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to 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 between them relating to the; ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present, and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and pessible claims by one against the other or against their respective estates. NOW, TI:IF. REFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as folle~ws: 1. INTERFERENCE: Each party shall be flee from interference, authority, and contact by the other, as fully as though he or she were single and married, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate 'with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the fight of Husband or Wife to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania, on May 25, 2001, claiming that the marriage is irrea'ievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Wife hereby expresses her agreement that the marriage is irretrievably broken and upon execution of this Agreement shall execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the: Divorce Code and deliver same to connsel for Husband. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be incorporated but not merged into the Decree in Divorce. 4. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon wkich it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of executiun by the party last executing this Agreement. 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. This Agreement specifies for the termination of Alimony, Support, and Alimony payments, and, therefore, no distribution date for such will take place. 6. MUTUAL RELEASE: Husband and Wife each do ]hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and fi.om any and all rights, title and interest, or claims in or against the property (including income and gain fi.om property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights wh/ch either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agre.ment or for the breach of any provisions thereof. It is the intention of Husband and Wife to ~,dve each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now ovms or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divome Code or the divorce laws of any other jmSsdiction. 7. REPRESENTATION BY COUNSEL: The provisions of this agreement and the 3 legal effect have been fulling explained to the parties by their respective counsel, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., fur husband, and Robert E. Rain~, Esquire and Lucy Johnston-Walsh, Esquire supervising attorneys for the Dickinson Family Law Clinic, counsel for wife. The parties acknowledge that each has received independent legal advice fi.om counsel of his or her own selection, that each has fially disclosed his or her respect - financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, asset, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advise and with such knowledge, this agreement is, in the circumstances fair, reasonable and equitable, that it is being entered into freely, vo]luntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indenmify and hold harmless the other party for and against any and all 4 debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the temas of this Agrec~ment. 10. PERSONAL PROPERTY AND DEBTS: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraPh upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become: the sole and separate property of the other from the date of execution hereof. 11. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for ail claims and demands, past, present or future, for alimony, alimony pendente lite, or for any other provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and ail claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees, and court costs. 12. DOMESTIC RELATIONS ORDERS: Wife agrees to drop all arrears owed by Husband on any Domestic Relations Orders, including Orders [brough the Domestic Relations Office of Cumberland County. The parties intend and agree that the terms of this Marital Settlement Agreement shall be approved, adopted and entered as a Domestic Relations Order. The Court of Common Pleas of Cumberland County, Peansylvania, shall retain jurisdiction to amend any Domestic Relations Order based on this Marital Setllement Agreement. The Domestic Relations Order shall take effect immediately upon its approval and remain in effect until further Order of Court. 13. SOCIAL SECURITY BENEFITS: The parties hereto stipulate and agree that HUSBAND shall make no claim for all or any part of the social Security Disability Benefits that WIFE receives either now or in the future. 14. MOTOR VEHICLES: Husband agrees to transfer title of his vehicle, specifically a 1971 Chevelle, to Wife. Should it be necessary, Husband would agree to sign any titles or documents necessary to give effect of the transfer of the Chevelle upon request. Any vehicles owned by Husband, other than the 1971 Chevelle, will not be t~ransferred and will remain the sole property of Hushand. Similarly, any vehicle that Wife currently owns will remain owned solely by Wife. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or fight of the other, ail items of property, be they reai, personal or mixed, tangible or intangible, which are hereafter ~equired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federai, State or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other f~om and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penaity or expense shall be paid solely and entirely by the individual who is f'maily determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joim returns. 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shail be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry- over basis provisions of said Act. 18. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in t~all force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 19. BREACH: If either party breaches any provision of this Agreement, the other party shall have the fight, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the pretty breaching this contract shall be responsible for payment of reasonable legal fees and costs incu~n'ed by the other in enforcing their rights under this Agreement. 20. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, fight to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments whic]h may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 21. ENTIRE AGREEIVlENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. AGREEMENT BINDING ON ItEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heks, executors, administrators, successors and assigns. 23. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or othenvise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 26. FINANCIAL DISCLOSURE: The parties confuxrt that they have relied on the completeness and substantial accuracy of the fmancial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in the preparation of this Agreement. Notwithstanding the foregoing, the fights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed ass¢,~, the party shall have the right to petition any court having jurisdiction to make equitable distribution of said asset. The non- disclosing party shall be responsible for payment of eonnsel fees, costs or expenses incurred by the other party in seeking equitable distribution of Said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 27. MODIFICATION AND WAIVER: A modificatkm or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the 8 same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 28. DESCRIPTIVE I~EADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 29. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS ITH A,. HARRISON 9 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF : On this, the ,~-7~ day of (~o~/r~ ,2004, before me, the undersigned officer, personally appeared KEITH A. tLSdiRISON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WllE. REOF, I have here3mto.~n~t~/xd~d official seal. N OT.~S.R¥ pUBI~'- MY COMMISSION EXPIRES: ] NOTAK[AL SEAL I Mie2~l H. Shollcy, Notary Publio [ I ~nmUinT~., YorkCounty I COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF : On this, thec~'~/~-- day of ~r'F- ,2004, before me, the undersigned officer, personally appeared KRISTINE L. [IARRISON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WlCIEREOF, I have here ~untoJ)~ny ~x~;fficial seal. i~oT~Y~PUBLIC' MY COMIVIISSION EXPIRES: Michael I-I. Shollcy, Not~ l~bli~ My commission ~xpi~,s ~n~ 19, ~0~ 10 KEITH A. HARRISON, Plaintiff : IN THE COURT OF COMMON PLEAS OF j CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW KRISTINE L. HARRISON, : IN DIVORCE Defendant : : NO. 01-3221 CIVIL TERM ~CERTIFICATE OF SERVICE I, Sarah Johnson, hereby certify that I am serving a tree and correct copy of the PRAECIPE TO ENTER APPEARANCE on Robert B. Leiberman, Attorney at Law, at 500 North Third Street, Twelt~h Floor, P.O. Box 1004, Harrisburg, Pennsylvania, 17108, by depositing a copy of the same in the United States mail, first class, postage p~paid, on this date. L' ' ~ ~ Respectfully submitted, Date._~ /2 /0 ~ ~.~,~FL/~ (6~..i' ~q..~'~j~-,~7.~ S~ E. Jonson, ~enifi~ L~gal~int~ Rob~ E. Rains, Supe~ising Attorney Lucy Jo~ston-Walsh, Staff ARomey F~ILY LAW CL~IC 45 North Pitt St~ C~lisle, PA 17013 717-243~2968 KEITH A. HARRISON, : IN THE COURT OF COMMON PLEAS vs. Plaintiff ~ OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-3221 Civil Term KRISTINE L. HARRISON, ~ CIVIL ACTION. LAW Defendant : IN DIVORCE PBAF~CIPE TO TIO, NSMIT RrCOl~r TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: 3. Complete either Paragraph (a) or (a) Dat~ of~ecu~.oo, n of ?e.A_~davit of Consent. required by S~tion 3301(c) of the/d~ivorce Code. By Pl~untfff: ~, By Defandant.~ Co) (l) Date ofexecutiou of the Affidavit required by Section 3301(d) of the Divorce Code: ~ (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Reiated claims gnmding: 5. Complete either (a) or (b): (a} Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: ,~cnon 3301 (c~ ~e: ~~ Su~ 130 D/ilsb~, PA 17019 (7~ 7) 432-9~ iN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ~ PENNA. -- Plaintiff NO. 01-3221 Civil Ter~m _ VERSUS KRISTINE L. HARRIsoN, -- Defendant DECREE IN DIVORCE AND NOW,__ O~'~'&°" ~'"¢ '~ , ~'~'------~¥, ~T IS ORDERED AND DECREED THAT__ KEITH A. - --, PLAINTIFF, AND~ KRISTINE L. HARRISON , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICT;ON OF THE FOLLOWING CLAIMs WHICH HAVE BEEN RAISED OF RECORD ;N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE TERMS AND PROVISIONS OF THE MARITAL SETTLEMENT AGREEMENT SIGNED BY BOTH PARTIEs AND FILED WIT~{ TNE COURT ON OCTOBER 6, 2004 ARE HEREBY INCORPORATED BUT NOT PARTIEs. BY THE COURT: / -- ' ~/ PROTHONOTARy