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HomeMy WebLinkAbout04-5050 Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA JODI J. HARRIS, v. :CIVIL ACTION - LAW :IN DIVORCE :NO. (Y-f>tj7JljlJ ~ TIMOTHY J. HARRIS, Defendant 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 judgment may also be entered against 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 Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House I Courthouse Square Carlisle, Pennsylvania 17013 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, P A 17013 (717) 249-3166 (800) 990-9108 Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA JODI J. HARRIS, v. :CIVIL ACTION - LAW :IN DIVORCE ;NO. 0'1- SOSe> ~ r u- TIMOTHY J. HARRIS, Defendant COMPLAINT AND NOW comes the Plaintiff, Jodi J. Harris, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Jodi J. Harris, is an adult individual residing at 1123 Sandpiper Court, Mechanicsburg, Cwnberland County, Pennsylvania 17050. 2. Defendant, Timothy J. Harris, is an adult individual residing at 273 Joya O"'''f'I1;.v Circle, Harrisburg, C"'lM-!l!and County, Pennsylvania 17112. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on June I, 1991. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNT I REQUEST FOR A NO-F AUL T DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. ~~3301(c) or (d), Plaintiff, Jodi J. Harris, respectfully requests the Court to enter a Decree of Divorce. COUNT II REQUEST FOR A F AUL T DIVORCE UNDER SECTIONS 3301(a)(6) OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 2 12. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, pursuant to 23 Pa.C.S.A. gg3301(a)(6), Plaintiff, Jodi 1. Harris, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 13. The averments contained in Paragraphs 1 through 12 of this Complaint are incorporated herein by reference as though set forth in fulL 14. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 15. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage. all of which property is marital property, subject to equitable distribution under the Divorce Code. 16. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. 3 WHEREFORE, Plaintiff, Jodi J. Harris, respectfully requests the Court to divide all marital property equitably between the parties. DATED: 10 ~G 4} Respectfully submitted, of Counsel A. Beckley ~~ BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, P A 17 I 08 (717) 233-7691 4 VERIFICATION I, Jodi J. Harris, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DA TED: to -G - di Jffr,(;".'f~ i> ~ '- t, ~ ~ "'. j;; . t ",,", !; t" J\ S'l ~ r----- -. '~ r:r:j ? ~~ ~ ~ ~('''f \:, - ~ ',-----> - 't-- \), ~ --(::. 1'0 ~ . -. r , , .:; .~' I .~, ,. ::-, r-, ~ ~, (;, '-i) C"' JODI J. HARRIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -- LAW : IN DIVORCE ~NO. OL)-SOSO vs. TIMOTHY J. HARRIS, Defendant ACCEPTANCE OF SERVICE I, Timothy J. Harris, hereby accept service of the Divorce complaint filed in the above-captioned action. DATED: De.\: (p, CiU::d{ ~1S2&~ Timo~1 arns .-- ~ C) '" = (:) c = ~n or- CJ ::::1 (") _L -. 1T1j';:"; fl"] CJ en , C) :'f. c rh f;,? W ~ ~ JODI J. HARRIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-5050 TIMOTHY 1. HARRIS, Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney for the Defendant, Timothy J. Harris. BY: -' DATE: II; Jk'uf. eanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Phone: (717) 920-2500 P A Supreme Ct. ID No. 68735 ~ ~. JODI J. HARRIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 04-5050 TIMOTHY J. HARRIS, Defendant CIVIL ACTION - LAW DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person(s), and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and addressed as follows: Elizabeth S. Beckley, Esquire 212 North Third Street P.O. Box 11998 Harrisburg, P A 17108 BY: DATED: I/;f/?,Ji;'~ eanne B. Costopoulos, Esquire 3803 Gettysburg Road Camp Hill, P A 170 II Phone: (717) 920-2500 PA Supreme Ct. ID No. 68735 n c (- M:'-- (~-, (}, c/((JiiJA I JODI .I. HARRIS. Plaintitl :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY. PENNSYLVANIA v. :CIVIL ACTION - LAW : IN DIVORCE TIMOTHY J. HARRIS. Defendant :NO.04-5050 AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 330 I (c) of the Divorce Code was tiled on October 6.2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a linal decree of divorce aner service of notice of intention to request entry of the decree. I verify that the statements made in this aflidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. * 4904 relating to unsworn falsilication to authorities. Dated: A. 'l tJ r ,pr\ \ \t J..CO~ 0 ......., ~ = c <;:;;) < c:r- ri3 fI :::ll: ~ > n1:!J ::!::; ~::j: -< .L:. 1 ~.~ (j) t. _?!i;; N Q_l ~~:- > ;r:r; :Jt "J- :!;-::c r".j ~.~(.., :>?-:' ~ Om Z ~ .:< w CX) -< o:J~VfI JODI J. HARRIS. Plaintitr :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LA W : IN DIVORCE TIMOTHY J. HARRIS. De fcndant :NO.04-5050 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330J(C) 0.' THE nlVORCE COnE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concernmg alimony, division of property. lawyer's fecs or expenses if I do not claim thcm before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entercd by the Court and that a copy of thc decree will be sent to me immediately after it is tiled with the prothonotary. I verify that the statements made in this affidavit are true and correct. understand that talse statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsitication to authorities. Dated: I\-r-;I H ciOOtQ ~~W# -- () f.; ~~ -', ~:. ~~~ z =<! ....., = = CI'"" :::E > -< o ." -4 f.fi~ ~~ :1- I...H c-..>....-, Z"" Om -I ~ N > :3: cp (.oJ <:X7 C/j ;'v~ I JODI J. HARRIS. Plaintiff :IN THE COURT OF COMMON PLEAS OF :ClJMBERLAND COUNTY. PENNSYL VANIA v. :CIVIL ACTION - LAW : IN DIVORCE TIMOn IY .I. HARRIS. Defendant :NO.04-5050 AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on October 6, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date offiling and service of the Complaint. 3. I consent to the entry of a final decree of 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. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. * 4904 relating to unsworn falsification to authorities. Dated: S-l~ (") po.,) ~ c::;:) c: <::::> ~~ CT\ '"OrD ::c: ~:D nln > Z~:. -< mr:n 71-' ;S? (7) ) N -< ., S.lo 1- 1-r.' ~E; :J:)a I::ri :x 00 2m -c: co ~ z .. ~ ::z w ......J -< C1~J'J.i11 JODI 1. HARRIS. Plaintiff :(N THE COURT OF COMMON PLEAS OF :ClJMBERLAND COUNTY. PENNSYLVANIA v. :CIVIL ACTION - LAW : IN DIVORCE TIMOTHY J. HARRIS. Defendant :NO.04-5050 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concernmg 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 aflidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C .S. * 4904 relating to unsworn falsification to authorities. Dated: s-l1--60 ~.,~ T#f~r a r--.) ~ c::::::> C c::::::> s: c::I'" LJlT :It ~.:D r:p r:~ ;J:l!oo -"-~ ..... -< hi -.......--. ~~: :B)? N 0 _.~o ~.,.., > -'- -n 0-- fi2 ::I: z@ co ~ ~ ~ =~ W -4 .. ... "" PROPERTY SETTLEMENT AGREEMENT This is a Property Settlement Agreement entered into this ~ay Of~. 2006. by and between TIMOTHY .1. HARRIS, of Harrisburg. Pennsylvania (hereinafter rclerred to as "Husband"). and JODI J. HARRIS. of Mechanicsburg. Pennsylvania (hereinafter relerred to as "Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 1. 1991. and; WHEREAS, one child has been conceived of this marriage: Abigail M. HaiTis born December 26. 1992; and WHEREAS, unhappy dil1crenees haw arisen between Husband and Wife 111 consequence of which they are now living separate and apart Irom each other; and WHEREAS, Husband and Wile are now in the process of obtaining a divorce. and. consequently. they desire to scttle and detcrmine finally and lor all time both their respective financial and property rights. including any and all claims which either of them may have against the other. NOW THEREFORE, in consideration of this Property Settlement Agreement. and of the mutual promises. covenants and undertakings set forth herein. and incorporating the above "WHEREAS" clauses herein by relcrence. the parties hereto, each intending to be legally hound. hereby agrce as lollows: I. SEPARATION: It shall hc lawful fl.)r each party at all times hereafter to live separate and apart from the othcr party at such placc as he or shc may from time to time choose or decm fit. Thc foregoing provisions shall not he taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference. authority and contact by the other. as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt or endeavor to molest the other. nor compel the other to cohabit with the other. or in any way harass or malign the other. nor in any way interfere with the other's peaceful existence. separate and apart trom the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible. and that she shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HI.lSBANI)'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wile or her estate might he n:sponsihle. and that he shall indemnify and save harmless Wite Irom any and all claims or demands made against her hy reason of dehts or obligations incurred by him. 5. OUTSTANDING .JOINT nEBTS: Husband and Wife agree that Husband shall be solely and separately responsible for the fi)lIowing marital debt: Bank One credit card with an approximate balance of $12.500.00. the Capitol One ereditcard with an approximate balance of $5.000.00 and the Daimler Chrysler (.Jeep Joan) with an approximate balance of $J6.000.00. Husband and Wile further agree that Wife shall be solely and scparately responsible tor the li)lIowing marital debt: Citi Financial with an ') ~ approximate balance of $10.500.00: 2004 IRS debt of approximately $2.100.00 and the Bon Ton credit card with an approximatc balance 01'$1.350.00. All debts, obligations or liabilities incurred at any lime in the past by either ofthc parties will be paid promptly by the party which incurred such dcbt. obligation or liability. unless except as otherwise specifically set forth in this Agreemcnt. Each of the parties hereto further promises, covenants and agrecs that each will now and at all times hereallcr save harmless and keep the other or his or her estate indemnified and saved harmless lrom all debts or liabilities incurred by him or her or assumed by him or her in this property settlement agreemel'lt. as the case may bc. and from all actions. claims and demands whatsoever with respect thereto, and 1.'om all costs. Icgal or otherwise. and counscl fees whatsoever appertaining to such actions. claims and dcmands. Neither party shall, atler the date of this Agreement. contract or incur any debt or liability for which the other or his or hcr property might be responsible. and shall indemnify and save harmlcss the other Irom any and all claims or dcmands made against her or him by reason of debts or obligations incurred by her or him, and from all costs. legal costs and counsel fccs incurred in conncction therewith unless provided to the contrary herein. 6. BANK ACCOUNTS ANI) RETIREMENT ACCOtINTS: Husband and Wife are owners of individual savings. checking and pension accounts at various institutions, and Husband hereby releases all claims in and 10 all accounts in the name of Wife. and Wile hereby releases all claims in and to all accounts in the name of Ilusband, and each party shall retain as his or hcr scparate property each account currently titled to that party. Husband and Wile agrec to sign. upon request and aller execution of this Agreement. any titles or any other documents reasonably necessary to give ellect to this Section. 3 7. HlJSBANI>'S RELEASE: Husband does hereby release, remise, quitclaim. and fi.Jrever discharge Wife and the Estate of Wife ii'om any and all claims that he now has or may herea1ler have against Wife. or in. to. or against her Estate or any part thereof, whether arising out of any former contracts. agreements. engagements. or liabilities of Wile. or by way of dower or claim in the nature of dower. spouse's right or under any intestate laws or the right to take against Wile's Will. or for equitable distribution. support. alimony. alimony pendente lite, or maintenance of any other nature whatsoever. excepting only those rights accruing to Ilusband under this Postnuptial Agreement. 8. WIFE'S RELEASE: Wile does hereby release, remise. quitclaim. and forever discharge Husband and the Estate of Husband from any and all claims that she now has or may herea1ler have against Husband. or in. to. or against his Estate or any part. thereoi: whether arising out of any former contracts, agreements. engagements. or liabilities of Husband. or by way of dower or claim in the nature of dower. spouse's right or under any intestate laws or the right to take against Husband's Will. or lor equitable distribution, support. alimony. alimony pendente lite. or maintenance of any other nature whatsoever. excepting only those rights accruing to Wile under this Postnuptial Agreement. 9. MlITlJAL INI>EMNIFICATION: Each party represents that no debts. liabilities. or obligations have been incurred or contracted tor tiJr which the other party or the Estate of the other party may be responsible or liable, except those specifically identified in this Agreemcnt. Each pal1y hereto shall herealier keep the othcr and his or her heirs and personal representatives indcmnilied and saved harmless against and from all debts and liabilities 4 contracted for or incurred by or on behalf of the indemnifying party. and against and from all actions. proceedings. claims. demands. costs. attorneys' fees and expenses incurred in respect to any such debts or liabilities. excepting. however. obligations of the parties hereto to each other under this Agreement. 10. DIVISION OF REAL PROPERTY: .Husband and Wife did own jointly the marital residence. situated at 470 D Street. Carlisle. Cumberland County. Pennsylvania. Husband and Wife did sell the marital residencc and all debt associated with the same was paid at the time of seulement on the marital residence. The balance of the proceeds was divided evenly between the parties. 11. DIVISION OF PERSONAL I)I{OPERTY: The parties have divided between them. to their mutual satislaetion. their personal property and the personal effects, household furniture and furnishings. and all other articles of personal property which have theretofore been used by them in common. and neither party will make any claim to any items of personal propcrty which arc 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. 12. AlJTOMOBILES: Husband and Wile agree that Wile shall be the sole pnd separate owner of the 1998 Subaru and Ilusband shall become the sole and separate owner of the 2003 Chrysler .Ieep. Husband and Wife agree to assume all responsibility for any outstanding debt balance on his or her respective vehicle. indemnifying and holding the other harmless from any linancial responsibility arising from nonpayment thereon. Husband and Wife agree to execute any and all instruments and documents necessary in order to elleetuate the transler of title to said automobiles. 5 13. LIFE INSlJRANCE I)OLlCIES: Husband and Wife agree to waive any and all claims and rclinquish all rights and intcrest thcy may have in any and all life insurancc policics ofthc other. 14. BREACH: If cithcr party brcachcs any provision of this Agrcement, thc other party shall havc the right. at his or hcr c1cction, to sue for damages for such breach. to sue for specific perJormance, and to scek such other remcdics or relief as may be available to him or hcr, and the party breaching this contract shall be responsiblc lor paymcnt of legal fees and costs incurred by the other in cnforcing their rights under this Agreement. 15. BANKRlJPTCY: If Husband filcs for bankruptcy within live (5) years of the datc of this Agrccmcnt, this Agrcemcnt shall constitutc conclusivc cvidence of the partics' intent that the obligations of this Agrecmcnt is in the nature of equitable distribution and is not dischargeable in bankruptcy under thc current bankruptcy law or any amendment thereto. If Husband discharges or attempts to discharge any debt currently in both of the parties' namcs which he has assumed in this property settlement agreement. thcn the parties agrce that this Agrcemcnt shall be null and void as a . resolution of Wife's cconomic and alimony claims in a divorce action filed in the Court of Common Pleas in and for Cumberland County. Pennsylvania at Docket Number 04- 5050 Civil. Wife shall have thc right to prosecute her economic and alimony claims in the divorce action as if this Agreement had not bcen cntered and any order of support in any form shall be elTcclivc retroactivc to the date of discharge or the date of receipt of any paymcnt Wife is required to repay. 6 16. AJ)l)JTIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other. execute. acknowledge, and deliver to the other party any and all further instrumcnts that may be reasonably required to give full f()rce and effect to the provisions of this Agrecment. 17. VOLUNTARY EXECUTION: Wife has employed and had the benefit of counsel from Elizaheth S. Beckley. Esquire. as her attorney. and Husband has employed and had the henefit of counsel Irom Jeanne B. Costopoulos. Esquire as his attorney. Each party acknowledges that he or she Jully understands the facts and has been or has had the opportunity to be fully inlormed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitablc, and that it is being entered into treely and voluntarily atter having received such advice and/or with such knowledge as each party desires, and that execution of this Agreemcnt is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that under the Pennsylvania Divorce Refofl1) Act, the Court has the right and duty to determine all marital rights of the parties. including divorce. alimony. alimony pendente lite. equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs oflitigation and, fully knowing the same and being advised of his or her rights thereunder, each party hereto still desires to execute this Agreement. acknowledging that the terms and conditions set lorth herein are fair, just. and equitable to each of the parties. and each party waives their respective right to have the Court of Common Pleas or any Court of competent jurisdiction make any determination or order affecting the respective parties' right to a alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 7 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties. and there are no representations. warranties. covenants. or undertakings other than thosc expressly scl forth herein. This Agreement shall be binding upon the parties hereto. and there respective heirs. executors. administrators and assigns. 19. MOIllFICA nON AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be elTective only if made in writing and executed by both parties with the same fonnality 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 default of the same or similar nature. 20. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void. invalid or unenforceable. the remaining provisions hereof shall nevertheless sUl:vive and continue in full force and elTect without being impaired or invalidated in any way. 21. DATE OF EXEClJTION/EFFECTIVE DATE: The "date of execution" or "execution date" of this Agreement shall be delined as the date upon which the parties signed the Agreement if they did so on the same date. or if not on the same date. then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become efTective and binding upon both parties on the execution date. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are lor convenience only. They shall have no dTeet whatsoever in determining the rights or obligations of the parties. 8 1 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year tirst above-written. Witness: eanne B. Costopoulos. Esquire 4~. '-- J~' g-~ COMMoNWEALTH OF PENNSYLVANIA ) ) SS.: ) COUNTY OF ~ U>--+- Co On this the ,\~-\b. day of ~~ L . 2006. before me. the undersigned oflieer, personally appeared Timolhy .1. Harris. known [0 me (or satislaetorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same tor the purpose therein contained. IN WITNESS WHEREOF. I have hereunto set my hand and notarial seal. NO ARIAL AL CAROLE A ROSE Notary Public TWSP OF LOWER ALLEN CUMBERLAND COUNTY CommlaIon E r81 Oct 21. 2007 ~u__JLR2lC__~(SEAL) j Notary Public >7 My Commission Expires: (get - 2J1 2tX5 9 / . COMMONWEALTH OF PENNSYLVANIA COUNTY OF '1:)Au Pftj/JJ M ~ On this the R day of ) ) SS.: ) officer, personally appeared .10Dl J. HARRIS. kn wn to me (or satisfactorily proven) to . 2006. before me, the undersigned be the person whose name is subscribed to the within instrument. and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF. I have hereunto set my hand and notarial seal. Not' y Public My Commission Expires: cOMMONWEALTH Of PEMSYlVANIA NOTARIAL SEAL ELIZABETH S. BECKlEY, MotlIry PubUc City of Harrisburg, Dauphin County My C011lIIisIIOO EJl)ife$ MaldI17. 2009 10 f '-,-:- /..c~ ~ , ...., =' "'" 0' :It ",. -:: N N Q --I :J:..,., '''F ~"t')~ ":"O'T ~::~~W ~,jj ".Q /-.:~ ~:?\ ?P :..c; -0 .-i-.'" N .. .s:- .- '-( JODI J. HARRIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE TIMOTHY J. HARRIS, Defendant : NO. 04--5050 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. I. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served by Timothy 1. Harris personally accepting service on October 6, 2004. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on May I 1, 2006; by defendant on Apri114, 2006. 4. Related claims pending: None. 5. (a) Date plaintiffs Waiver of Notice May 11,2006, and it was filed on May 12,2006. (b) Date defendant's Waiver of Notice April 14, 2006, and it was filed on May 12,2006. DATED: S-JJv-OG BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, P A 17108 (717)233-7691 of Counsel <~ , CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Jeanne B. Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 DATED: ~-~~~ o G ::::.", -c,"\\)! n"lr ~"; -,~/ -J: ZC (0-" ? <. ~'('~' )>.C :Z:. -;j -~ , ~... / r-> = = CT' :1t :1>" .....0: N N ,-;;?, :r." rn- -0::;' ::9'7 <:;:(~~j ,J::.H -;;J(~ Of'n -Ol 'J> ~ --0 ~ ~ w , ... JODI J. HARRIS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE TIMOTHY J. HARRIS, Defendant : NO. 04--5050 PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION COUNT TO THE PROTHONOTARY: Kindly withdraw the Equitable Distribution Count filed in the above-captioned action. DATED: S-~ of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 , " ........:. CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certifY that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Jeanne B. Costopoulos, Esquire 3803 Old Gettysburg Road Camp Hill, PA 17011 DATED: S-~L0 " ~ -ott., q'l;"j ''7~ '~; /"<. (,") ,~ ./~ ~ ~:':1~ -, ,., ....., "-? c.? eJ" :lI: "p .-<: N N -0 ,.-:~.. .. -', 5,(:::: ~ -~..~ ..... o -n .-l ;f,~ -o~ -~o J c> ' .,...I.J ..~_.... -r, ~~) :!J +C"C) -i.srTl _0-1 5.1 '-< ~ ;- if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA, JODI J. HARRIS, Plaintiff No, 5050 2004 VERSUS TIMOl'HY J. HARRIS, Defendant DECREE IN DIVORCE , 1'\ \" 0\ AND NOW,\\\\~ .(,. ~ ~~'i t-\6.1- ' 200Ei ' IT IS ORDERED AND DECREED THAT JODI J. HARRIS , PLAINTIFF, AND TIMJl'HY J. 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; NOOE. The Property Settlement Agreement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with th By THE COURT: PROTHONOTARY If. If. If. If. If. If. If. If. If. J. If. . ~ -::1' ~ ~u, ,?(J# 41 ? ~ r~ r~?'~ 'J(/. '/.9 ~. . , ,..:" -.., " .,.' r'" -