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HomeMy WebLinkAbout05-3945 KATHARINE MYERS HARRIS, Plaintiff VS. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OS- - 39yS 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 foregoing 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 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 Courthouse 1 Courthouse Square Carlisle, PA 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, PA 17013 Telephone: (717) 249-3166 KATHARINE MYERS HARRIS, Plaintiff VS. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OS - IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KATHARINE MYERS HARRIS, Plaintiff VS. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION • LAW NO. Os - IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KATHARINE MYERS HARRIS, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is KATHARINE MYERS HARRIS, an adult individual who currently resides at 2300 Market Street in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is KIMBERLY C. HARRIS, an adult individual who currently resides at 329 Equus Drive in Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 20 May 1989 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN B. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. Sa el L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: ?U54 AD05- lLll niS/arl KATHARINE MYERS HAR IS vi a = ?, ' al KATHARINE MYERS HARRIS, Plaintiff Vs. KIMBERLY C. HARRIS, Defendant PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in this matter. 13 September 2005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3945 CIVIL TERM IN DIVORCE - (La - Sa el L. An Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 c? r? o rG CA -y ? GJ! SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-03945 P COMMONWEALTH OF PENNSYLVANIA: -COUNTY OF CUMBERLAND HARRIS KATHARINE MYERS VS HARRIS KIMBERLY C R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HARRIS KIMBE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - DIVORCE On October 26th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 65.68 Postage .74 103.42 10/26/2005 SAMUEL ANDES So answer R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me ? this 9c? day of? >„? A.D. f Pr nota COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALI. (717) 771-9601 SHERIFF SERVICE NISTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 Katharine Myers Harris SERVE III& Kimberly C. Myers 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, Kimberly C. Harms 4. TYPE OF WRIT OR COMPLAINT uk 1\..) Notice & Con-plaint in Divorce OR SOLD 6. AUURLSS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP,-gTATE AND ZIP CODE) AT ,32_9 Equus Drive Camp Hill, PA 17011 (Fairview Township) 7. INDICATE SERVICE ERSONAL U PERSON IN CHARGE )DU DEPUTIZE J CERT MAIL U 1ST CLASS MAIL U POSTED U OTHER NOW Sept 26, 20 05 I, SHERIFF O NTY, PA Rio hereby de he sheriff of _ York COUNTY to execute this riNJ Ita9rfirrding to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE lti,mho,-l -„A Please mail return of Pxvice to Ctunberland County Sheriff. Thank you rt( l) (iVyGl?lCR6? t P P ?', NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. IVER O ATCHMAN -Any deputy sherM levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shent's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED 525 1Z--ySt l Qmo 0?'-t G''d ?c? f 53? ?-lS- 12. SEND NOTICE RV CE CO TO NAM ND ADDRESS BELOW'. (1n r a 9m Est bye ,m?pleJle/Q it notice is to be mailed) 13. 1 acknowledge receipt of the writ l ,{"j / ,/. ? _ ,? 14. 1 / DATE RECEIVEp 15. Ezp loo ari a e or comp aint as indicated above. U ?/ / ? V ?? 16. HOW SERVED. PERSON_ RESIDENC,. POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( I SEE REMARKS BELOW 17. U I hereby certify and return a NOT FOUND because I am unable to locale the individual, company, etc. named above. (See remarks below.) 18 NAME A DIV T 0?IDUAL SERV / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dale of Service 20 Time of Service r 21. ATTEMPT Date Time Miles Int. Date Time Miles InI Date Time Mika Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. '+L4 VO Costs 1 24 Service Costs 1 25 NIF 26 Mileage 35. Advance Costs 136 41. AFFIRMED and subscribed to before, me this t 1 h 42. day of NOTARIAL SEAL LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY COMMISSION EXPIRFS AUG. 19 9 [r Postage 28. 5ub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 coils ue 6011190-d k No 1 1(vo (09 On K6. &9 3Y. 37 Notary Cert . 38. Mileage/Posbge/Nol Found 39. Total Costs 40 Costs Due or Refund SO SWERS 44. Signature of i r 45 AT Dep. Sheriff 46. Signatureof York ` - i 47. DATE s County Sheriff . s 48. Signature of Foreign 49 DATE County Sheriff : IN THE COURT OF COMMON PLEAS OF KATHERINE MYERS HARRIS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. KIMBERLY C. HARRIS Kimberly C. Defendant MOTION FOR APPOINTMENT OF MASTER Harris alabstA (Defendant), moves the court to respect to the following claims appoint a master with ( Divorce ( Distribution of Property () Annulment () Support Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (hAMt appeared in the action (pt U)t)c(by his attorney, Richard C VTi e?.Rr? , Esquire). (3) The Staturory ground (s) for divorce (is) (are) -A -A ©/ &) Docket No. 0 -- 3 9 4 5 (4) Delete the inapplicable paragraph(s): c. The action is contested with respect to the following claims: See a bo vP (5) The action (immadxss) (does not involve) complex issues of law or fact (6) The hearing is expected to take 3-4 hours (hours) (days). (7) Additional information, if levant to the motion: Date: c01/8, 1d?- Print Attorney Name ......... Attorney for "gmt&) (Defendant) Richard S. Friedman ORDER APPOINTING MASTER AND NOW, , 20 , is appointed master with respect to the following claims: Esquire By the Court: r n L'y a KATHARINE MYERS HARRIS, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY C. HARRIS, CIVIL ACTION - LAW Defendant NO. 05-3945 CIVIL TERM IN DIVORCE INVENTORY OF KIMBERLY C. HARRIS Defendant, Kimberly C. Harris, files the following inventory 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 are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. o ? A tkL b(Kdbe'rly C. H s, 13etendant ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) 1. Real Property (x) 2. Motor vehicles (x) 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 ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date) (x) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of 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 Property All Owners 19. Retirement account (marital portion) H 3. Stock option account H 19. Retirement account W 2. Vehicle W 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 Property Exclusion 19. Retirement account (non-marital portion) Accrued after separation PROPERTY TRANSFERRED Item Description Date of Person to Whom Number of Property Transfer Consideration Transferred 1. Marital residence profit of $243,000 divided equally between the parties but H used $43,000 of his portion to pay off marital credit card debt 3. Stock options $7,955.50 each LIABILITIES Item Description Names of Names of Number of Property All Creditors All Debtors 1. Credit card debt H paid off the approximately $43,000 marital debt from his share of house proceeds ?a ` ',? ? ??? ,: ;> Irv, t ?? ? `? ?? .., ?, I? ;° w' KATHARINE MYERS HARRIS, Plaintiff V. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE INCOME AND EXPENSE STATEMENT OF KIMBERLY C. HARRIS I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date:_ U 115- 6 8 S 4ei l y C. 's, Defendant INCOME Employer: G1axoSmithKline Address: 5 Moore Drive, RTP, NC 27709 Type of work: Pharmaceutical sales Payroll Number: 00601883T Pay Period (weekly, biweekly, etc.): Biweekly Gross Pay per Pay Period: $3,748.85 Itemized Payroll Deductions: Federal Withholding: $ 418.20 Social Security: $ 222.03 Local Wage Tax: $ State Income Tax: $ 109.72 Retirement: $ 224.93 Savings Bonds: $ Credit Union: $ Life Insurance: $ 42.22 Health Insurance: $ 174.78 Other (specify): Auto (personal use) $ 70.00 Net Pay per Pay Period: $2,432.49 Other Income: Week Month Year Interest Dividends Pension Annuity -0- Social Security _0_ Rents Royalties _0_ Expense Account _0_ Gifts -0- Unemployment Comp. _0_ Workmen's Comp. _0_ Total $ TOTAL INCOME $ 63,232.00 per year EXPENSES Weekly Monthly Home 1 St Mortgage 2nd Mortgage Maintenance Utilities Electric Gas Oil Telephone Water Sewer/Trash Yearly $1,098.56 $ 275.10 $ 69.74 $ 20.00 $ 200.00 $ 35.00 $ 67.88 $ 30.00 Employment Public Transportation Lunch $ 50.00 Taxes Real Estate $ 208.00 Personal Property $ 143.00 Misc. Taxes (County/Twp) $ 10.00 Income Insurance Homeowners $ 40.00 Automobile (for sons) $ 85.00 Life Accident Health Other Automobile Payments (for sons) purchased for $3,500.00 - not included in expense calculation Registration (for sons) $ 39.00 - not included in expense calculation Fuel $ 150.00 Repairs $ 150.00 EXPENSES Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) Education Private school Parochial school College Religious Personal Clothing Food Barberihairdresser Credit payments Credit card Charge account Memberships Loans Credit Union Miscellaneous Household Help Child Care Papers/books/magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Other Child Support Weekly Monthly $ 20.00 $ 40.00 $ 40.00 $100.00 $600.00 $ 26.00 (health club) $1,500.00 Yearly $ 300.00 $2,000.00 $ 200.00 Adventure Camp/Jacob $ 229.00 Football camp/clothing/boosters/Taylor $ 450.00 Alimony Payments $1,100.00 Other TOTAL EXPENSES: $6,058.28 PROPERTY OWNED: Ownership Description Value H W J Checking account Commerce Bank $100.27 H Commerce Bank $279.97 H Commerce Bank $ 7.00 H Savings accounts Credit Union Stocks/bonds GSK Stock option $8,000.00 H Real estate House $236,000.00 H Other TOTAL $244,387.24 INSURANCE: Coverage Company Policy No. H W C Hospital Aetna PPO H,W,C Blue Cross Other Medical Aetna PPO H,W,C Blue Shield Other Health/Accident Disability Income Dental Metlife H, W,C Other Empire Vision H W C C} rv "T7 { ' > _ +• . . J rn -t AUG 2 0 2008,cl KATHERINE MYERS HARRIS Plaintiff Vs. KIMBERLY C. HARRIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 05-3945 Defendant MOTION FOR APPOINTMENT OF MASTER Kimberly C. Harris (Defendant), moves the court to appoint a master with respect to the following claims: ( Divorce ( Distribution of Property () Annulment ( ) Support Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (hAM appeared in the action (?%tk(by his attorney, R; chard 5-.-FFleQmae , Esquire). (3) The Staturory ground (s) for divorce (is) (are) .a3©( (-) (4) Delete the inapplicable paragraph(s): c. The action is contested with respect to the following claims: See above (5) The action (isutadxas) (does not involve) complex issues of law or fact (6) The hearing is expected to take 3-4 hours (hours) (days). (7) Additional information, if r levant to the motion: Date: .0// 8,16 S- Print Attorney Name ......... AND NOW, --W is appointed master tierlr%-? Attorney for Maioift) (Defendant) Richard S. Friedman &g a.? 20_2d f . /CtCwt C24eJ&. !Z Esquire respect to the following claims:At?&_ a?ve By ourt: - 2n., J. 0 >- ua pip r-j J"')??// W` `mow I KATHARINE MYERS HARRIS, Plaintiff V. KIMBERLY C. 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 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 Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE 717-249-3166 Respectfully submitted, FRIEDMAN & KING, P.C. By: Richard S. Friedman, Esquire 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 KATHARINE MYERS HARRIS, Plaintiff V. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE ANSWER WITH COUNTERCLAIM AND NOW comes the Defendant, by and through his attorneys, Friedman & King, P.C., and answers the Complaint and brings this Counterclaim, averring as follows: ANSWER 1. Denied. Defendant believes, and therefore avers, that Plaintiff now resides at 1703 Lincoln Street, Camp Hill, PA 17011 2. Denied. Defendant now resides at 413 Allendale Way, Camp Hill, PA 17011. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. COUNTI 8. This paragraph is a conclusion of law to which no response is required. COUNTERCLAIM DIVORCE PURSUANT TO SECTION 3301(d) OF THE DIVORCE CODE 9. Paragraphs 1 through 8 of the Answer are incorporated herein by reference. 10. The parties have been separated and living apart since June 2005. WHEREFORE, Defendant requests Your Honorable Court to enter a Decree of Divorce in the above matter pursuant to 23 P. S. Section 3301(d). Date: III 00 Respectfully submitted, FRIEDMAN & KIN r, .C. Richard S. Friedman, Esquire 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX Attorney for Defendant VERIFICATION I, Kimberly C. Harris, hereby acknowledge that I am the Defendant in the foregoing action; that I have read the foregoing Answer with Counterclaim; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: " /12- 3 (02( CERTIFICATE OF SERVICE I hereby certify that I am this day of , 2008, serving the foregoing '5?9 answer and counterclaim upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Samuel L. Andes, Esq. 525 N. Twelfth St. PO Box 168 Lemoyne PA 17043 oax?? Sharry Semans 0 rep Ell KATHARINE MYERS HARRIS, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY C. HARRIS, CIVIL ACTION - LAW Defendant NO. 05-3945 CIVIL TERM IN DIVORCE NOTICE TO PLAINTIFF If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or before June 2005, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements made on this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.P. Section 4904 relating to unworn falsification to authorities. DATED: V42P-10 d a TFIX KATHARINE MYERS HARRIS, Plaintiff vs. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3945 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT 11- ALIMONY 2. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 6. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 9. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 2 I verify that the statements made in this Petition for Economic Relief are true and correct. I understand that any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unswom falsification to authorities). DATE: KATHARINE MYER HARRIS 3 Su ? C1 4 ? .r ? Fit ? _1 co Kr Aetr,r+e Mlers Kot mss; P14,,A f F vs Case No. OS- 3 1 Y S K%rwAer1%A L. Narrts? Oe?Cr/yA11+ Statement of Intention to Proceed To the Court: P t a ? N ? k F intends to proceed with the above caption matW. Print Name 5 AMu E L L. 8tiO65 Sign Name Date: , / L ?C1 b Attorney for P o, , r j4 ? f Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to tenninate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. c? Cl) ' r k CS" KATHARINE MYERS HARRIS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-3945 CIVIL TERM KIMBERLY C. HARRIS, Defendant IN DIVORCE PLAINTIFF'S COUNTER AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) 1 do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) 1 wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-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: KATHARINE MYERS HA RIS NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing Plaintiffs Counter Affidavit under Section 3301 (d) of the Divorce Code upon the undersigned herein by regular mail, postage prepaid, addressed as follows: Richard S. Friedman, Esquire 3820 Market Street Camp Hill, PA 17011 Mr. E. Robert Elicker, II Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 > 21 Date: 14 October 2008 ( ) jo? -1,1, 1 Amy M. rkins S retary for Samuel L. Andes t-; *? ?-- ? ??> - ;? -r? ? :" ? ??, -,? ? P ?. ? 1{ J .f::... .-?? i a ? .'1.:I ?-,.i ^'C KATHARINE MYERS HARRIS, Plaintiff V. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Richard S. Friedman, hereby accepted service of the original Complaint in Divorce on behalf of Defendant, Kimberly,C. Harris, on October 31, 2005. Dated: October 15, 2008 Richard S. Friedman, Esq. Attorney for Defendant ?;??: --- r? - ? a ?;,? } --? ?,- - -r ' ? ? r-? s- ' _ -;?: r? + ?, ?.? 'T 7 ?r _. ("'t .. ???` ' ?..,1 . .i KATHARINE MYERS HARRIS, Plaintiff V. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Katharine Myers Harris c/o Samuel L. Andes, Esq. 525 N. Twelfth Street PO Box 168 Lemoyne, PA 17043 Kimberly C. Harris, Defendant, intends to file with the court the attached Praecipe to Transmit Record on or after November 3, 2008, requesting that a final decree in divorce be entered. Dated: October 15, 2008 Respectfully submitted, FRIEDMAN & KING, By: Richard S. Friedman, Esq. 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 ('717) 236-8080 FAX friedmanandking<?hotmail . c om Attorney for Defendant a KATHARINE MYERS HARRIS, Plaintiff V. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: October 31, 2005, by acceptance of service. 3. Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: September 28, 2008. Date of filing and service of the Plaintiffs affidavit upon the Respondent: October 14, 2008. 4. Related claims pending: Equitable distribution, alimony, counsel fees. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: October 15, 2008, by first class mail. /-17 'chard S. Friedman, Esquire Attorney for Defendant KATHARINE MYERS HARRIS, Plaintiff V. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE lbtk- I hereby certify that I am this i day of , 2008, serving the foregoing notice of intention to request entry of divorce decree under 3301(d) upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Samuel L. Andes, Esq. 525 N. Twelfth St. PO Box 168 Lemoyne PA 17043 t% arry Semans KATHARINE MYERS HARRIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA KIMBERLY C. HARRIS, CIVIL ACTION - LAW Defendant NO. 05-3945 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this 2S day of - -S?? ^_, 2008, serving the foregoing notice to plaintiff and defendant's affidavit under 3301 d) upon the person and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Samuel L. Andes, Esq. 525 N. Twelfth St. PO Box 168 Lemoyne PA 17043 S arty Semans ems,., f.. <-? -"t"1 ?; ? c...,, ? ?.? '., .tea. .. 4 ?,? 3?^) 1 f?°? - 1 KATHARINE MYERS HARRIS, Plaintiff V. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT 1. Assets Marital Assets A. Marital residence -- sold with net proceeds of $243,000.00. The net proceeds were divided equally between the parties, without prejudice. Note, Husband used $43,000.00 from his portion of the profit to pay off marital debt. B. Stock options -- In 2006, Husband held and exercised a stock option, which was divided 50/50 with Wife. Husband does not have the exact amount and cannot obtain it from his employer at this time, as it has been archived and would be very difficult to retrieve. Husband paid all taxes on that transaction. In 2007, Husband held stock options which were cashed in and, again, divided equally among the parties, without prejudice, each receiving approximately $7,955.50. Husband paid all taxes on the transaction. Husband has one more stock option fund with approximately 1,100 shares. C. Husband has a retirement savings plan and a cash balance pension plan with the following values: Retirement savings plan: as of August 2, 2005 (DOS - 6/2005) $127,790.48 with present day value of $ $150,401.41 (10/17/2008) Cash balance savings plan: as of August 2, 2005 (DOS - 6/2005) $63,794.55 with a present day value of $93,928.63 (10/17/2008) D. Wife has an IRA account from Nationwide Insurance which is believed to have a value of approximately $700.00. However no documentation has ever been provided. E. Vehicle purchased from Husband's employer for approximately $5,000.00 was given to Wife. She used that vehicle for a recent trade-in (for which Husband co- signed on the lease.) Non-Marital Assets A. Wife purchased a home at 1703 Lincoln Street, Camp Hill, PA, after separation. B. Husband purchased a home at 413 Allendale Way, Camp Hill, PA, after separation. C. That portion of Husband's retirement savings plan and cash balance savings plan which is not marital. II. Expert Witnesses None III. Witnesses (Other than the Parties) None IV. Exhibits A. Copies of printouts regarding value of Husband's pension accounts at time of separation. V. Income See Plaintiff s income and expense statement which was previously filed. VI. Expenses See Plaintiff s income and expense statement which was previously filed. VII. Pension/Retirement Benefits See above. VIII. Counsel Fees Each party will pay his/her own counsel fees. IX. Tangible Property Personal property has been divided among the parties. X. Marital Debts Husband paid the marital debts in the amount of $43,000.00 from his share of the proceeds from the sale of the marital residence, for which he should receive credit. Xl. Proposed Resolution A. The remainder of the marital property is a retirement account held by Husband and a stock option fund. The retirement account is split into a pension account (value as of date of separation $63,794.00) and a retirement savings account (value as of date of separation $127,199.00). The stock option held by Husband has about 1,100 shares of stock. That would be divided 50/50, giving Wife 550 shares. Husband can exercise the stock option and give the money to Wife. However, Wife will have to pay any taxes. In addition, it should be known at this writing, the price of the stock is at a negative level. Husband is also willing to divide 50150 the retirement savings account plan and pension account using the value as of date of separation. B. Wife will reimburse Husband for one-half of the marital debt he paid, without prejudice to his rights. C. Husband will continue to pay the present amount of spousal support/alimony for another three years, or a time equivalent to half of the marriage taking into consideration the support previously paid. Wife has the ability to support herself as she has a BS in Education with additional certifications allowing her to teach at a secondary level. Wife holds a cosmetology license. Wife holds other certifications which Husband is aware of, but does not have details. This information has been requested, but has not been provided, from Wife. In addition, Husband has a sales job. He has been told that his company will be laying off at the end of the year and he may well be one of those selected for the lay off. Husband has worked for the last 23 years in sales. Husband does hold a BS in recreation. D. The above proposal would give Wife over 55% of the marital assets and Husband 45% of the marital assets. r Dated: November, "' , 2007 Respectfully submitted, FRIEDMAN & K1N ; ?.C. By. Richard S. Friedman, Esq. ID# 07176 3820 Market Street Camp Hill, PA 17011 717-236-8000 friedmanandking@hotmail.com Attorney for Defendant CY IsRa ? >t Cl-I ? `? ? 3 a 1 X ? ? YYy? ?4 - Y M ? •. }5 F ,, F 1? ? Yr? , ,f3,.s ?. T 1.?$t1, i w F . ?I{.3.T'7, r• i r v ',r x ? - ?t i 4 26 312 28 9 ?T1 T`'??8?6cs3 461 790 :x$1`2? (s _. Tc y " , . 4 . . Mr^' 7t, T- } a 8 Y? a " { ?j L?+G L ) a ? ? ? ? X yr ? :5.. ?:u -_ ??` r? r r 544 , c)Dti on s 08-02-2005 to 0"2-2005 i .'.f c iii 1 On' d Order Alphabetical ? ` ' fL? y '.?. f..? w. i KATHARINE MYERS HARRIS, ) Plaintiff ) VS. ) KIMBERLY C. HARRIS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 August 2005 and served upon the Defendant on or about 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cLOF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ST9 Dated: *KEt$N\1-. HARRIS ?FILES".z OF THE 1T"-,fir,! Y 2409 AUG -4 Pil 1:09 t, KATHARINE MYERS HARRIS, Plaintiff vs. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 August 2005 and served upon the Defendant on or about 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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 unworn falsification to authorities. '? 014 nos-'r- xc. Dated: KATHARINE MYE HARRIS OF THE 2009 A G -4 Ni 1: 0 KATHARINE MYERS HARRIS, Plaintiff VS. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3945 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of Q It A, j- tJ , 2009, counsel and the parties having entered into an agreement and stipulation resolving the economic issue of alimony on August 4, 2009, the date set for a hearing, the agreement and stipulation having been transcribed and signed by the parties; and the parties having previously entered into an agreement resolving the claim for equitable distribution, said agreement being attached to the alimony agreement to be made part of the record, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY COURT, ?? aki Edgar B. Bayley, P.J. cc:? muel L. Andes, attorney for Plaintiff /Richard s. Friedman, attorney for Defendant (?.F, V, ?&L $Is/111 2 f ? , j"I t I ,T'ig --5 i" i-i [0: 1 "' KATHARINE MYERS HARRIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3945 CIVIL KIMBERLY C. HARRIS, Defendant IN DIVORCE THE MASTER: Today is Tuesday, August 4, 2009. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the Hearing room are the Plaintiff, Katharine Myers Harris, and her counsel Samuel L. Andes, and the Defendant, Kimberly C. Harris, and his counsel, Richard S. Friedman. This action was commenced by the filing of a complaint in divorce on August 2, 2005. The complaint in the divorce raised grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed today by both parties. The Master's office will file the affidavits with the Prothonotary. The divorce can conclude under Section 3301(c) of the Domestic Relations Code. Mr. Friedman filed an answer and counterclaim to the complaint on September 24, 2008; Mr. Andes filed a petition for economic relief on September 26, 2008. In the petition economic claims were raised on behalf of wife of 1 equitable distribution, alimony, alimony pendente lite and counsel fees and expenses. The Master has been advised that the parties previously reached an agreement with respect to the claim of equitable distribution. That agreement is marked as Joint Exhibit No. 1 and will be made part of the record and Mr. Andes will refer to that agreement in his recitation of the statement on the record which he is going to make with respect to the alimony claim. The Master has been advised that the parties have reached an agreement with regard to alimony; the claim for counsel fees is withdrawn. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The parties, when they leave the hearing room today, are bound by the terms of the agreement as stated on the record even though there is no subsequent signing of the agreement. After discussion with counsel, the parties and counsel are going to return later this morning to review the draft of the alimony agreement and sign affirming the terms of the settlement as stated on the record. Upon receipt by the Master of the completed document, the Master 2 will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court. The parties were married on May 20, 1989, and separated June 2005. They are the natural parents of three children; the youngest child is 12 and resides with wife. The two older children are emancipated and are planning to attend college in a few weeks. Mr. Andes. MR. ANDES: The parties signed a partial property settlement agreement earlier this morning which was intended to and, in fact, did resolve all of the issues surrounding the equitable distribution of the marital property. In Paragraph 8 of that agreement, which we have marked as Joint Exhibit No. 1, which should be attached to this transcript, they reserve all of the rights arising out of the Divorce Code. We have since that time resolved those by a subsequent agreement and that is the agreement I am going to place on the record now. The agreement is as follows: 1. The Defendant, Kimberly C. Harris, will pay alimony to the Plaintiff, Katharine Myers Harris, in the amount of $1,050.00 per month. The alimony will commence effective the date the final decree in divorce is entered so that there will be no interruption of the payments of spousal support and the commencement of alimony. The alimony will. continue for an indefinite term and the parties will automatically review the amount of alimony and the term of 3 alimony in August of 2012. The amount of alimony may be subject to modification in the event that the financial circumstances of the parties change significantly, but otherwise, it will not be subject to modification prior to the automatic review in August of 2012. The parties will take the actions necessary to have the payment paid through and monitored by the Domestic Relations Office of this Court. 2. The other rights reserved by the parties in their partial property settlement agreement involving spousal support, alimony, alimony pendente lite, counsel fees and expenses have been resolved by the parties and all further proceedings with regard to those claims are waived. The parties affirm the terms and provisions of the partial property settlement agreement executed this day and will cooperate with each other to implement the terms of that agreement as promptly as possible after today. 3. Both parties have signed consents and the consents are dated today and have been delivered or will be delivered to the Master to be filed with the Court so that when the transcript of this agreement has been prepared and signed, the Master's appointment can be vacated and we can conclude the divorce by consent. 4. The parties have agreed that Mr. Harris may claim the personal tax exemption of the parties' son Taylor as long as he is eligible to do so under the law. Mrs. Harris will be entitled to claim the exemptions of the other two children, Max and Jacob, as long as she is entitled to under the law. The parties will cooperate with each other to execute the necessary documents to file with the Internal Revenue Service to verify that election. 5. Notwithstanding the above provisions, the alimony will terminate upon the death of either party or upon the remarriage or cohabitation of wife with a person of the opposite sex. MR. ANDES: Mrs. Harris, did you hear what I just dictated? MS. HARRIS: Yes. MR. ANDES: Did you read and review the 4 partial property settlement agreement the we signed earlier? MS. HARRIS: Yes. MR. ANDES: Do you understand all of the arrangements that we have agreed to today? MS. HARRIS: Yes. MR. ANDES: Do you have any questions about it? MS. HARRIS: Yes. THE MASTER: Off the record. (A discussion was held off the record.) THE MASTER: We had an off the record discussion about exemption for Taylor and after discussion with counsel and the parties, the Master is satisfied that all involved understand the discussion and the issues that were raised during the discussion. MR. ANDES: We have answered your questions; is that correct? MS. HARRIS: Yes. MR. ANDES: Are you satisfied with the agreement and are you willing to abide by the agreement and accept this agreement as the final resolution of the economic claims in your divorce? MS. HARRIS: Yes. MR. FRIEDMAN: Mr. Harris, you heard Mr. Andes' recitation of the facts and the agreements that were 5 entered into? MR. HARRIS: Yes. MR. FRIEDMAN: Joint Exhibit No. 1, we have had an opportunity to review that many times? MR. HARRIS: Correct. MR. FRIEDMAN: And with the amendments that were made today, is that a correct understanding of the agreement you made with your wife regarding equitable distribution of marital property? MR. HARRIS: Yes. MR. FRIEDMAN: You heard the discussion Mr. Andes had on the record concerning your alimony obligations to be paid through DRO of $1,050.00 per month for an indefinite period of time, automatic review at the expiration of three years. Do you agree with that? MR. HARRIS: Yes. MR. FRIEDMAN: Do you have any questions about the enforceability or the meaning of any of these things that you have agreed to today? MR. HARRIS: No. MR. FRIEDMAN: You fully understand everything? MR. HARRIS: Yes. MR. FRIEDMAN: And it's your intention to continue as outlined by Mr. Andes on the record? 6 MR. HARRIS: Correct. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: T I -Au r^ V\1 m el L. Andes Katharine My rs Harris Attorney for Plaintiff R' and S. an K' er y . Harris Attorney for Defendant 7 F11EJ - 7, LU1J r PARTIAL MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 2009, by and between: KATHARINE MYERS HARRIS, of Cumberland County, Pennsylvania; and KIMBERLY C. HARRIS, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Kimberly C. Harris (hereinafter called "Husband") current resides at 413 Allendale Way, Camp Hill, PA 17011; and WHEREAS, Katharine Myers Harris (hereinafter called "Wife") currently resides at 1703 Lincoln Street, Camp Hill, PA 17011; and WHEREAS, the parties hereto are Husband and Wife, having been lawfully married on May 20,1989; and WHEREAS, the parties have lived separate and apart since late June 2005; and WHEREAS, three children were born of the marriage between the parties, namely, Taylor R. Harris, born May 26, 1991; Max C. Harris, born May 26, 1991; and Jacob M. Harris, born October 4, 1996; and Page 1 of 16 WHEREAS, the parties hereto desire to finally settle all of the claims for the equitable distribution of their marital property and their marital debts and reserve other claims for determination at a later date. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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 follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the separation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation of the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. Page 2 of 16 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 3. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from Richard S. Friedman, Esquire, and Wife has secured legal advice from Samuel L. Andes, Esquire. Each party fully understands the facts and his or legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce code, whereby 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 of litigation, and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the parties' rights to equitable distribution. 4. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the " Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she Page 3 of 16 has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties represent that they have made full and fair disclosure to the other of all financial matters and each party, relying upon such representation, waives the need to receive copies of bank statements, retirement plan statements, and other financial documentation. In the event that either party later determines that the other party has failed to disclose an asset or a liability, the parties agree that any such asset or liability not properly or fully disclosed, shall be subject to equitable distribution by the Court of Common Pleas of Cumberland County not withstanding the terms and provisions of this Agreement or the entry of any final decree or other financial economic orders in the divorce action now pending between them, so that each party shall receive their full share of all marital assets and be obligated to pay their fair share of all marital obligations not so disclosed. 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties were the owners of certain real estate located at 329 Equus Drive, Camp Hill, PA (hereinafter called "subject premises"). The subject premises were sold and the parties realized $243,000.00 from the sale of the premises, which was divided as follows: Wife received approximately $120,000.00, Husband received $80,000.00, and the balance of $43,000.00 Husband utilized to pay off marital debt. B. Furnishings and personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located at subject premises, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances, and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife, and Wife shall retain Page 4 of 16 sole and exclusive ownership of all furnishings and personalty currently in her possession, free and clear of any right, title, claim and/or interest of Husband. C. Vehicles. Husband is the owner of a Chrysler Sebring, currently titled solely in Husband's name. Wife owns a Toyota Highlander, which is financed by a loan in her name alone. Husband shall retain sole ownership of the Chrysler Sebring automobile and Wife shall retain sole ownership of her Toyota Highlander and each party shall be solely responsible for the insurance and the payment of any encumbrance or any expense arising out of the said vehicles. D. Investments. (i) Husband was previously the owner of investments which had a net value of $7,668.00 on December 30, 2005. On or about that date, Husband cashed in a portion of the stock options and split the net value 50150 with Wife, giving each the sum of $3,834.00, which sum Wife acknowledges receiving. (ii) Husband was previously the owner of a stock option with GlaxoSmithKline which had a net value of $8,245.00 on July 23, 2007. On or about that date, Husband cashed in the stock option and split the net value 50/50 with Wife, giving each the sum of $4,122.50, which sum Wife acknowledges receiving. (iii) Husband continues to hold certain stock options granted to him by his employer. The parties agree that Husband shall continue to hold those and that Wife shall be the equitable owner of 55% of the stock options so that, when those options are exercised, after payment of the strike price and any costs incurred in the exercise of the option, and after a reasonable reserve for the income tax imposed upon Husband for the exercise of such options, Wife shall receive 55% of the proceeds net of those expenses and taxes. Husband agrees that he shall exercise those options in a prudent Page 5 of 16 fashion and recognizes that he serves as a fiduciary for the protection of Wife with regard to continuing to hold the options and any choice to exercise them. Husband further agrees that he shall consult with Wife before exercising any of the options and, to the fullest extent possible, exercise them only upon the mutual agreement of the parties. Further, upon the exercise of the options and the receipt of the proceeds of such exercise, Husband shall, after consulting with his accountant, create a reserve of the proceeds to pay income taxes and shall apply those reserves to pay the taxes with his next tax return. Any balance left of those reserves, after payment of taxes imposed upon his exercise of the options, will be divided between the parties so that Wife receives 55% of such excess and Husband receives 45%. E. Retirement Accounts. (i) Wife is the owner of a retirement account with The Best of America, which had a balance at the end of 2007, of approximately $700.00. Wife will remain the sole owner of said account. (ii) Husband is the owner of a retirement account with G1axoSmidMine with a balance at date of separation of $191,585.03. Husband will split the balance with Wife on a 50150 basis, giving Wife t e sum of $95,800.00, increased or decreased by investment ret Ak. o ?tiis enie ccco t from 31 December 2008 1?ntil the date of transfer, by way of a QDRO to be prepared by Harry Leister, the cost of which will be divided equally between the parties. F. Miscellaneous Property. As of the execution date of the within Agreement, any and all property not specifically addressed Page 6 of 16 herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. G. Propea to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance polices covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. H. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights to such property from Wife to Husband. 1. Marital Debt. The parties acknowledge that Husband applied approximately $43,000.00 from the proceeds of the sale of the former marital residence to pay marital debt. They further acknowledge that there remain in effect two or three credit card accounts which have been active since the parties' separation. The parties acknowledge that they have divided those credit card Page 7 of 16 accounts and that each of them has an account in their name alone and is responsible to pay the balance owed on that account. The parties agree that each of them shall pay and satisfy, in accordance with their terms, those credit card accounts now in their name alone and shall, further, indemnify and save the other harmless from any loss, cost, or expense caused to the other party by their failure to do so. J. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other parry and his or her property harmless from any and all debts, obligations and liabilities. K. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assume by husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. L. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such Page 8 of 16 claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. M. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representative, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach hereof. 6. INCOME TAX. Prior to 2008, the parties filed joint federal and state income tax returns. Both parties agree that, relative to any such previously jointly-filed returns, in the event any deficiency in federal, 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 from 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, penalty or expense shall be paid solely and entirely by the individual who is finally 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 joint returns. Page 9 of 16 Wife will be entitled to claim the children as her dependents for income tax purposes, so long as the children reside with her. Husband agrees each year to sign any forms required by the IRS to permit Wife to do so. 7. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction all personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, 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, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. Page 10 of 16 B. The parties agree to elect to have the provisions of Section 1041 of the Internal Revenue Code apply to all qualifying transfers of property. The parties understand that Section 1041 applies to all property transferred between spouses or former spouses incident to divorce. The parties further understand that the effects for federal income tax purposes of having Section 1041 apply are that (1) no gain or loss is recognized by the transferor spouse/former spouse as a result of this transfer and (2) the basis of the transferred property in the hands of the transferee spouse/former spouse is the adjusted basis of the property in the hands of the transferor spouse immediately before the transfer, whether or not the adjusted basis of the transferred property is less than, equal to, or greater than the fair market value of the property at the time of transfer. The parties understand that if the transferee spouse/former spouse disposes of the property in the transaction in which gain is recognized, the amount of gain that is taxable may be larger than it would have been if this election had not been made. 8. RESERVATION OF RIGHTS. This Agreement is intended by the parties to resolve their claims for equitable distribution of marital assets and liabilities. It is not intended, and it does not, resolve issues relating to spousal support, alimony, alimony pendente lite, child support, child custody, and an award of attorney fees or any other claim that could be raised under the Pennsylvania Divorce Code. Each of the parties specifically reserves onto themselves all such claims, and all defenses to such claims, to be determined by the parties at a later date by negotiation or, if necessary, by litigation. 9. 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 survive and continue in full force and effect without being impaired or invalidated in any way. Page 11 of 16 10. BREACH. If either party hereto breaches any provision hereof, the other parry shall have the right, 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. The non-breaching party shall be entitled to recover from the breaching parry all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 11. WAIVER OF BREACH. The waiver by one party of any breach of this agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 12. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Kimberly C. Harris 413 Allendale Way Camp Hill, PA 17011 and to Wife, if made or addressed to the following: Katharine Myers Harris 1703 Lincoln Street Camp Hill, PA 17011 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 13. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard Page 12 of 16 to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 14. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do 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. 15. EFFECTIVE DATE. This agreement shall become effective and binding upon both parties of the execution date. 16. EFFECT OF DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF WARRANTIES. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. If any term, condition, clause or provision of this Agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it being the express intention of both parties hereto to have this Agreement govern their relationship now and hereafter, irrespective of their marital status. 17. HEADINGS NOT PART OF AGREEMENT. Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. Page 13 of 16 18. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 19. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20. MUTUAL COOPERATION. Each parry shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 21. AGREEMENT NOT TO BE MERGED. This Agreement shall be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. Page 14 of 16 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: &U4-4- 4&64,16 Katharine Myers H s Page 15 of 16 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the day of , 2009, before me a Notary Public, the undersigned officer, personally appeared KATHARINE MYERS HARRIS, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND On this, the day of , 2009, before me a Notary Public, the undersigned officer, personally appeared KIMBERLY C. HARRIS, 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 purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Page 16 of 16 -. P [;EXHIB!W s KATHARINE MYERS HARRIS, Plaintiff VS. CIVIL ACTION - LAW KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3945 CIVIL TERM IN DIVORCE STIPULATION AND NOW come the above-named parties, by their respective attorneys who represent to the Court that they are authorized to make this stipulation on behalf of their clients, and stipulate and agree that the Court shall enter the attached alimony order to implement a term of the parties' settlement as reached before the Divorce Master on August 4, 2009. S 1 L. Ande Attorney for Plaintiff Richard S. Friedman Attorney for Defendant 208 AUG 25 Ad 11: 12 KATHARINE MYERS HARRIS, Plaintiff vs. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Service upon the Defendant September 27, 2005. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: 4 August 2009 by Defendant: 4 August 2009 (b) (1) Date of execution 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. Related claims pending: None 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: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 4 August 2009 and filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 4 August 2009 and filed contemporaneously herewith. Date: 25 kv? By Z17i Ntmt?l L. And Attorney for Plaintiff -{ `ii"? FILED OF THE P"" ',?OTAPY 2009 AUG 25 AM ! I : 12 Gl P 4 ;. ,jN Y KATHARINE MYERS HARRIS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY C. HARRIS, NO. 05-3945 CIVIL TERM DIVORCE DECREE AND NOW, r , it is ordered and decreed that KATHARINE MYERS HARRIS, plaintiff, and KIMBERLY C. HARRIS, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. By the Court, Attest: J. Pro onotary ?? a- ? ? r ?G?? r???? ? Q? sk 7 KATHARINE MYERS HARRIS, Plaintiff vs. KIMBERLY C. HARRIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3945 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ALIMONY ORDER AND NOW, this 3?r day of , 2009, upon the stipulation 10- of the parties and to implement a portion of the agreement they reached before the Divorce Master on August 4, 2009, we hereby order as follows: 1. The Defendant, Kimberly C. Harris (hereinafter "Husband") shall pay alimony to the Plaintiff, Katharine Myers Harris ("Wife") as follows: A. The amount of alimony shall be One Thousand Fifty ($1,050.00) Dollars per month. B. The term of the alimony shall commence the same date as the final decree in divorce is entered so that there shall be no interruption of the payments of spousal support currently being made to Wife by Husband and the commencement of alimony pursuant to this order. The alimony will continue for an indefinite term and the parties will automatically review the amount of alimony and the term of alimony in August of 2012. 2. The amount of alimony may be subject to modification in the event that the financial circumstances of the parties change significantly but, otherwise, it will not be subject to modification prior to the automatic review in August of 2012. 3. The alimony will terminate upon the death of either party or upon the remarriage or cohabitation of Wife with a person of the opposite sex or upon further order of this Court if appropriate. it 4. The Domestic Relations Office of Cumberland County shall administer this order and the payments made pursuant to it. The said office is directed to open and administer an account for that purpose. DISTRI$UTION: ,,,'Samuel L. Andes, Esquire 525 North 12th Street, P.O (Attorney for Plaintiff) Box 168, Lemoyne, PA 17043 chard S. Friedman, Esquire (Attorney for Defendant) 300 N. 2nd Street, Suite 402, Harrisburg, PA 17101 ??4 ? 0 p is ?Yt'a t l£c 1, AlFD j CF Tpf? C- C: of^ 2 SE' - I Al "I 0: 35, cutU i i_ ?1? W `A ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 09/10/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number GLAXO SMITH KLINE* PAYROLL OPERATION PO BOX 13398 DURHAM NC 27709-3398 537110914 484 S 2009 05-3945 CIVIL O Original Order/Notice OAmended Order/Notice 0Terminate Order/Notice (Done-Time Lump Sum/Notice RE: HARRIS, KIMBERLY C. Employee/Obligor's Name (Last, First, MI) 193-46-4310 Employee/Obligor's Social Security Number 6896102131 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 950.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current medical support $ o . oo per month in past-due medical support $ 1, o5o . oo per month in current spousal support $ 0. oo per month in past-due spousal support $ o . oo per month for genetic test costs $ o . o o per month in other (specify) $ one-time lump sum payment for a total of $ 2,000.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 461.54 per weekly pay period. $ 1, 000.00 per semimonthly pay period 923.08 (twice a month) $ _ per biweekly pay period (every two weeks) $ 2, 000.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic Payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) j?CIALSEURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. i / BY THE COURT: a L s? q Wesley Oler, J Judge DRO: R.J. Shadday Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS (J If 4heckel you are required to provide a?opy of this form to yourgmlioyee. If yoyr employee works in a state that is di erent rom the state that issued this order, a copy must be provi to your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2310990500 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : M THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: ID EMPLOYEE'S/OBLIGOR'S NAME: HARRIS, KIMBERLY C. EMPLOYEE'S CASE IDENTIFIER: 6896102131 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA 0 5 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Rev.5 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HARRIS, KIMBERLY C. PACSES Case Number 502111145 Plaintiff Name KATHARINE M. HARRIS Docket Attachment Amount 05-3945 CIVIL$ 1,050.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Service Type M Addendum OMB No.: 0970-0154 PACKS Case Number 537110914 Plaintiff Name KATHARINE M. HARRIS Docket Attachment Amount 00484 S 2009 $ 950.00 Child(ren)'s Name(s): DOB JACOB M. HARRIS 10/04/96 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Form EN-028 Rev.5 Worker I D $ IATT ALE ?--:" ' "11,C EE OF 7M" PF-"; ',-I - ARY 2009 SEA' 17 P 2: 3 l:Itf? .., rt- We ,. (OF THE PO NOTARY 2010 FEB -5 AM 10: 53 Katharine Myers-Harris Plaintiff 4 VS. FEB 0`4 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - IN DIVORCE Kimberly C. Harris NO. 05-3945 Defendant QUALIFIED DOMESTIC RELATIONS ORDER 1. Parties to Divorce Action. The parties to this action are Katharine Myers-Harris ("Spouse") and Kimberly C. Harris ("Participant"). 1.1 Spouse's name, address, social security number and date of birth are as follows: Katharine Myers-Harris 1703 Lincoln Street Camp Hill, PA 17011 Social Security No.: See Addendum Date of Birth: See Addendum 1.2 Participant's name, address, social security number and date of birth are as follows: Kimberly C. Harris 413 Allendale Way Camp Hill, PA 17011 Social Security No.: See Addendum Date of Birth: See Addendum 2. Plan. This Order applies to the G1axoSmithMine Retirement Savings Plan (the "Plan"). The Plan Administrator of the Plan responsible for determining whether the Order constitutes a Qualified Domestic Relations Order, as described below, is G1axoSmithMine (the "Company"). 3. Interpretation and Construction of Order. 3.1 The parties intend this Order (the "Order") to constitute "Qualified Domestic Relations Order," within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The provisions of this Order shall be administered and interpreted in conformity with section 414(p) of the Code and section 206(d)(3)(B) of ERISA. 3.2 Nothing in this Order shall be construed to require the Plan to provide: 3.2.1. Any type or form of benefit, or any option, not otherwise provided under the Plan. QDRO Page 2 3.2.2. Benefits to Alternate Payee (as defined in Paragraph 4) in an amount that exceeds the amount of benefits that the Plan would be required to pay with respect to the Participant if the Order did not apply (as determined on the basis of actuarial value). 3.2.3. Benefits to Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. 4. Alternate Payee. This Order creates or recognizes the existence of the right of Alternate Payee (as hereinafter defined) to receive all or a portion of the benefits payable with respect to Participant under the Plan. For purposes of this Order, Alternate Payee is the Spouse. 5. Amount of Distribution to Alternate Payee. The amount to be distributed to Alternate Payee from Participant's Account in the Plan shall be $95,800.00 of the Participant's vested Account balance in the Plan, determined as of December 31, 2008, and shall be paid in the form as described in Paragraph 7, commencing on the date as described in Paragraph 8. In no event shall the amount to be distributed exceed the value of Participant's vested Account in the Plan determined as of the date of segregation. The distribution amount will be taken pro rata from the Participant's accounts in the Plan as of the date of segregation. The amount payable to the Alternate Payee will be segregated as soon as administratively practicable after the Company's determination that this order is a Qualified Domestic Relations Order. Note, that once segregated, the amount payable to the Alternate Payee is invested in the Stable Value Fund for the duration of the appeal period discussed below in Section 8. 6. Accountine for Earnings and Losses. The distribution amount described in Section 5 shall be credited with earnings and losses from the date specified in Section 5 until the date of segregation. 7. Form of Distribution. The distribution to the Alternate Payee shall be made in the form of a cash lump sum payment of $24,500.00, less applicable withholding tax, and the balance equally divided and transferred directly to Alternate Payee's IRA's: (1) Account number RA4647800B with Curian Clearing, LLC; Overnight address: 7601 Technology Way, 5th Floor, Denver, CO 80237; Regular mailing address: P.O. Box 173919, Denver, CO 80217 (2) Account number BT5354536 with BTS Trust Company of America, P.O. Box 917A, 420 Bedford Street, Lexington, MA 02420. 8. Distribution Date. The distribution to Alternate Payee contemplated by this Order shall be made as soon as administratively practicable following the 60-day appeal period that commences on the date the Company determines that this Order is a Qualified Domestic Relations Order. During this appeal period, each party has a right to appeal the Company's determination. 9. Death of Alternate Payee. If Alternate Payee dies before all of the benefits from the Plan are paid to Alternate Payee under this Order, the Alternate Payee shall be entitled to name a beneficiary (or. beneficiaries) to receive the unpaid balance of the benefits. The death of Alternate w .. QDRO Page 3 Payee before the Company determines that this Order is a Qualified Domestic Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the Plan as described in this Order, provided that the Order is ultimately determined to be a Qualified Domestic Relations Order. For the purposes of this Order, the term "beneficiary" shall mean the individual or entity identified below, or any other individual or entity named by Alternate Payee in a written notice to the Company, or in the absence of any effective designation, Alternate Payee's estate. All distributions pursuant to this Order shall be consistent with the requirements of section 401(a)(9) of the Code. 10. Death of Participant. The death of Participant before all benefits to which Alternate Payee or Alternate Payee's beneficiary are entitled under this Order have been paid shall not affect the right of Alternate Payee or Alternate Payee's beneficiary to benefits from the Plan as described in this Order. 11. Continuing Jurisdiction. The Court shall retain jurisdiction to amend this Order for the purpose of carrying out the intent of the Parties as reflected in this Order and to establish or maintain the status of the Order as a Qualified Domestic Relations Order. Either Party to this Order may apply to the Court for such amendment. Accepted and ordered this ` day of f, , 20J t) . BY THE COURT L J CONSENT TO ORDER: Plaintiff/Altern e Payee ate f d arl art' ip Date Attorney for Plaintiff/ Date ttorney for Defendant/ Date ' Alternate Payee Participant L.O I"J t £S ry,'. t l?- L a`s/?d In the Court of Common Pleas of C~gE~,,~p County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: KIMBERLY C . HARRIS Member ID Number: 6 s 9 610 2131 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Attachment AmoundFreguency Plaintiff Name Case Number Number RATHARINE M. HARRIS 502111145 OS-3945 CIVIL $ 1,050.00 /MONTH KATHARINE M. HARRIS 537110914 00484 S 2009 ~ 950.OO.~MONTH / n ~-~ . J c $ ~7 - " C_.__ C- ~-1 ~ } ~ ~r'~ $ -~ ,, N ~ -r; r~ TOTAL ATTACHMENT AMOUNT: $ z, o00 00 ' ~ ~ ,. - ( ~ ~ -- r. C__ ~ , .~ ft. ~ .': . Now, by Order of this Court, the Department of Labor and Industry, Office of Unemployme~# ~' ~ ., ~ _4 Compensation Benefits (OUCH), is hereby directed to attach the lesser of $ 460.27 VV per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, KIMBERLY C. HARRIS Social Security Number XXX-XX- 4310 , Member ID Number 6 s 9 610 2131 OUCB is ordered to remit the amount attached to the Department o f Public Welfare (DPW}. DPW shall forward the amount received from OUCB to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the OUCB and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated JULY 18 , 2 01 o is exhausted, expired or deferred. OUCH shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: ~ a~ a J. LEY oLER, J JUDGE DRO: R.J. SHADIaAY Form EN-530 Rev.2 Service Type M Worker ID $Ip~Z.q. ~ i ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05-3945 CIVIL OOrigi nal Order/Notice State Commonwealth of Pennsylvania 537].109].4 Amended Order/Notice Co./City/Dist. of CUMBERLAND 484 S 2009 0 Date of Order/Notice 08/03/10 XQTerminateOrder/Notice Case Number (See Addendum for case summary) QOne-Time Lump SumMotice RE: HARRIS, KIMBERLY C. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, Mp 193-f6-4310 Employee/Obligor's Social Security Number GLAXO SMITH KLINE* 689610x131 PAYROLL OPERATION Employee/Obligor's Case Identifier PO BOX 13 3 9 8 (See Adderxiirm far plaintiff names DURHAM NC 2 7 7 0 9- 3 3 9 8 associated wifh cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greateri' yes ®no $ o . oo per month in current medical support $ o.oo per month in past-due medical support ~~~ ~~6~~ $ o . oo per month in current spousal support $ o . oo per month in past-due spousal support ~ PM~~o $ o . oo per month for genetic test costs a?~~D ~UEr 9 $ o . oo per month in other (specify) $ one-time lump sum payment C(!/x,~~,cry-~~uitoQ. L,tD. for a total of $ 0.00 per month to be forwarded to payee below. P~ O V ~~~ You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o . oo Per weekly pay period. $ o . oo per semimonthly pay period (twice a month) $ o . oo per biweekly pay period (every two weeks) $ o . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. Is 4374(b)) requires remittance by an electronic aavment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 1N ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAMEAND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case ldentifi r)j R SOC/~I~CUR/T~UMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAl[. i BY THE COURT: DRO: R.J. Shadday Service Type M Q J. Wes OMB No.: 0970-0154 Jr., Judge Form EN-028 Rev.S Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If heck you are required to pr idea opy of this form to your m loyee. If yorr employed orks in a state that is dit~erent from the state that issue~t~is order, a copy must be provic~ec~to your emp ogee even if tie box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Mukiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligoranct you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 2310990500 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ~ EMPLOYEE'S/OBLIGOR'S NAME: HARRIS , KIMBERLY C . EMPLOYEE'S CASE IDENTIFIER: 6896102131 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT• NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law govems unless the obligor is employed in another State, in which case the law of the State in which he or she is employed govems. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment, refusing to employ, or taking disciplinary action against any employeelobligorbetause of a support withholding. Pennsylvania State law govems unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional into: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 1 1. Send Termination Notice snd other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OM8 No.:0970-0154 Form EN-028 Rev.S Worker ID $IATT * , ADDENDUM Summary of Cases on Attachment Defendant/Obligor: HARRIS, KIMBERLY C. PACSES Case Number 502111145 Plaintiff Name KATHARINE M. HARRIS Docket Attachment Amount 05-3945 CIVIL$ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB _.. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Addendum Service Type M OMB No.: 0970-0154 PACSES Case Number 537110914 Plaintiff Name KATHARINE M. HARRIS Docket Attachment Amount 00484 S 2009 $ 0.00 Child(ren)'s Name(s): DOB JACOB M. HARRIS 10./04/96 Form EN-028 Rev.5 Worker I D $ IAT'T In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (71'n 240-6225 Fax: (71'n 240-6248 Defendant Name: KIMBERLY c. HARRIS Member ID Number: 6896102131 C`~ _~ Please note: All correspondence mgt hichxk the Member ID Ntm:ber. C- ~ O =,, ;-•,. ~-~ ;, .~ -. t ~ ORDER TO VACATE ATTAC>EEVVIEEN'T OF UNEMPLOYMENT BEN`iTS ~ ~ ~ '== r~ .A Financial Break Down of Multiple Cases on Attachment - - .r-. ~ _ ~,. ;~ ~' PACSES Dock t Plaintiff Name KATHARINS M. HARRIS ICATHARINI3 M. HARRIS e Case Number Number 502111145 OS-3945 CIVIL 537110914 00484 S 2009 Attachment Amount/F _re u $ 1,050.00 /MONTH $$$ 950.00 MONTH / $ / / / $ / TOTAL ATTACHMENT AMOUNT: $ 2, 000.00 The prior Order of this Court directing the Department of Labor and Industry, Office of Unemployment Compensation Benefits (OUCB), to attach $ 460.27 or s o % per week of the Unemployment Compensation benefits of KIMBERLY C. HARRIS ,Social Security Number XXX_xx_4310 , Member ID Number 6 s 9 610 2131 is hereby vacated. This Order to Vacate shall be effective upon receipt of the notice of the Order by the Department and shall remain in effect until a further Order of the Court is filed. BY THE COURT Date of Order: ~ ~ ~ S^ ~ o t ~ _-~ 'T DRO: R.J. SHADtaAY Service Type M Worker ID $ IATT Form EN-035 Rev.2 KATHERINE MYERS HARRIS, Plaintiff V. KIMBERLY C. HARRIS, Defendant wwowoo "Xqf "12. Taw IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT No. 2005-3945 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of January, 2012, upon consideration of the Petition for Modification of an Existing Alimony Order, flied by Kimberly C. Harris, and it appearing that the Petition fails to conform to Rules of Court, the Petition is STRICKEN WITHOUT PREJUDICE. Petitioner may file a new Petition that is in conformity with the Pennsylvania Rules of Civil Procedure and the local rules of court. the Court, Thom A Placey C.P.J. Distribution List: Katherine Myers Harris -nCo ?, Co - C c, C =c -n 1703 Lincoln Street z? ?m Camp Hill, PA 17011 .,n Plaintiff/Respondent ?- --- ico Kimberly C. Harris x N ;; 413 Allendale Way Camp Hill, PA 17011 Defendant/Petitioner r RICHARD S. FRIEDMAN, P.C. Richard S. Friedman, Esquire ID #07176 300 N. 2nd Street, Suite 402 Harrisburg, PA 17101 Tel.: (717) 234-3441/Fax: (717) 232-9946 e-mail: rsfl3(uv?live.com KATHARINE MYERS HARRIS, Plaintiff/Respondent v. KIMBERLY C. HARRIS, Defendant/Petitioner PH ED-Grt FiC? J ?`, 4tE E'F?,?JTH,0N0TAD,1 77 T` N12 JAI'' 21 AM it, 24 3 E R L A 14D COUt4t?orney for Defendant M Pr8j,jSyLV?N1A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3945 CIVIL TERM CIVIL ACTION -- LAW : IN DIVORCE PETITION FOR MODIFICATION OF ALIMONY ORDER AND NOW comes the Petitioner, Kimberly C. Harris, by and through his attorney, Richard S. Friedman, Esquire of Richard S. Friedman, P.C., being first duly sworn to state the following: 1. The Order which set the current amount of alimony is dated September 1, 2009, a copy of said Order is attached. 2. The following grounds exist for a change in the current alimony award: A. A substantial change of circumstances has occurred, in that the Petitioner's employment was terminated, through no fault of his own, as a result of which his earnings have been significantly decreased; and B. The Respondent's earnings have increased. 3. Because of the above change in circumstances alimony should be decreased. WHEREFORE, the Petitioner asks that this Court: 1. Modify the previous Order regarding alimony; and 2. Order any other relief deemed proper. Date:,', 4U,(, Respectfully submitted, RICHARD S. FRIEDMAN, P.C. Richard S. Friedman, Esq. AD# 07176 300 N. 2n1 St., Suite 402 Harrisburg, PA 17101 (717) 234-3441 Attorney for Defendant/Petitioner VERIFICATION I, Kimberly C. Harris, hereby acknowledge that I am the Defendant/Petitioner in the foregoing action; that I have read the foregoing Petition for Modification of Alimony Order; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: (hu- j d{v, ?&f- U Ki erly C. Hf is KATHA.RINE MYERS HARRIS, ) Plaintiff ) vs. ) KIMBERLY C. HARRIS, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3945 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ALIMONY ORDER AND NOW, this S*t-_ day of , 2009, upon the stipulation of the parties and to implement a portion of the agreement they reached before the Divorce Master on August 4, 2009, we hereby order as follows: 1. The Defendant, Kimberly C. Harris (hereinafter "Husband") shall pay alimony to the Plaintiff, Katharine Myers Harris ("Wife") as follows: A. The amount of alimony shall be One Thousand Fifty ($1,050.00) Dollars per month. B. The term of the alimony shall commence the same date as the final decree in divorce is entered so that there shall be no interruption of the payments of spousal support currently being made to Wife by Husband and the commencement of alimony pursuant to this order. The alimony will continue for an indefinite term and the parties will automatically review the amount of alimony and the term of alimony in August-of 2012. 2. The amount of alimony may be subject to modification in the event that the financial circumstances of the parties change significantly but, otherwise, it will not be subject to modification prior to the automatic review in August of 2012. 3. The alimony will terminate upon the death of either party or upon the remarriage or cohabitation of Wife with a person of the opposite sex or upon further order of this Court if appropriate. 4. The Domestic Relations Office of Cumberland County shall administer this order and the payments made pursuant to it. The said office is directed to open and administer an account for that purpose. DISTRIBUTION: Samuel L. Andes, Esquire (Attorney for Plaintiff) 525 North 12' Street, P.O. Box 168, Lemoyne, PA 17043 ? Richard S. Friedman, Esquire (Attorney for Defendant) 300N. 2' Street, Suite 402, Harrisburg, PA 17101 1. FROM RECOSU l estm(+ni wM' .1 h" upto set my hall, d Cqq;# Cam, P? KATHARINE MYERS HARRIS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) NO. 05-3945 CIVIL TERM CIVIL ACTION - LAW KIMBERLY C. HARRIS, ) Defendant ) IN DIVORCE STIPULATION AND NOW come the above-named parties, by their respective attorneys who represent to the Court that they are authorized to make this stipulation on behalf of their clients, and stipulate and agree that the Court shall enter the attached alimony order to implement a term of the parties' settlement as reached before the Divorce Master on August 4, 2009. S ilh?l L. Ande Attorney for Plaintiff Richard S. Friedman Attorney for Defendant KATHARINE- MYERS HARRIS, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3945 CIVIL TERM KIMBERLY C. HARRIS, : CIVIL ACTION -- LAW Defendant/Petitioner : IN DIVORCE CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on January 26, 2012, I served a copy of the within Petition for Modification of Alimony Order, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 N. Twelfth St. P.O. Box 168 Lemoyne, PA 17043 RICHARD S. FRIED1 JJ N, P.C. Richard S. Friedman, Esquire 300 N. 2nd Street, Suite 402 Harrisburg, PA 17101 (717) 234-3441 ?C? I CL t - i ? t '{? O fR O I A ?? KATHARINE MYERS HARRIS, IN THE COURT OF COMMA PM Z: 04 Plaintiff/Respondent CUMBERLAND COUNTY, PENN j NIA ;UMBN OUNTY v. NO.05-3945 CIVIL TERM PE YLVA lA KIMBERLY C. HARRIS, : CIVIL ACTION - LAW Defendant/Petitioner : IN DIVORCE n PRAECIPE w -n ' m T v? ?rry-_ Kindly y file the attached Certificate o r f Service and so mark the record. rz -- S'C7 n ?., 3C =C:) G N C) fT Respectfully submitted, -? Ln -: Date: r RICHARD S. FRIEDMAN, P.C. } i Richard S. Friedman, Esq. ID# 07176 300 N. 2°d St., Suite 402 Harrisburg, PA 17101 (717) 234-3441 Attorney for Defendant/Petitioner KATHARINE MYERS HARRIS, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3945 CIVIL TERM KIMBERLY C. HARRIS, : CIVIL ACTION - LAW Defendant/Petitioner : IN DIVORCE CERTIFICATE OF SERVICE I, Richard S. Friedman, Esquire, hereby certify that on February 1, 2012, I served a copy of the Order of Court, dated January 30, 2012, and the Petition for Modification of Alimony Order, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 N. Twelfth St. P.O. Box 168 Lemoyne, PA 17043 RICHARD S. FRIEDMAN, P.C. ,!I Richard S. Fried&an, Esquire 300 N. 2nd Street, Suite 402 Harrisburg, PA 17101 (717) 234-3441 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KATHARINE M. HARRIS ) Docket Number: 05-3945 CIVIL Plaintiff ) vs. KIMBERL`( C. HARRIS Defendant PACSES Case Number: 502111145 Other State ID Number: ORDER TO CREDIT ARREARS AND NOW, on this 2ND DAY OF FEBRUARY, 20121T IS HEREBY OI?RE -? that credit be given on the above captioned case in the amount of $1,846.16. Twej O`fs . -? O is not an agreement of the parties to the credit. This credit is for: ® Direct Payments. ? Purchases made or services performed by the Defendant on behalf of the Plaintiff or children. ? Time children resided with the Defendant as agreed upon by parties, or addressed in a partial custody order for the following time periods: From to From to From to ? Other: check # 77 Plaintiff Defendant 2ND DAY OF FEBRUARY, 2012 Date Service Type M Date Date BY THE COURT: ;"r,. '* 4, ?le A Ness, JUDGE Form FI-002 Worker ID 21005 H112 FED N AM 9: ,? PEHt4SY 1 ?'AJflA KATHARINE MYERS HARRIS, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3945 CIVIL TERM KIMBERLY C. HARRIS, Defendant IN DIVORCE PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR MODIFICATION OF ALIMONY ORDER AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Answer to Defendant's Petition for Modification: 1. Admitted. 2. Plaintiff denies that Defendant is entitled to a modification of the alimony in this matter for the following reasons: A. Any change in the Defendant's financial circumstances is a result of his voluntary action in resigning his employment; B. Plaintiff's earnings have increased but not sufficiently to justify a reduction in the alimony. 3. Denied. The change in circumstances came about by Defendant's intentional conduct and, as a result, his earning capacity has not changed and there is, therefore, no reason to modify the alimony order. WHEREFORE, Plaintiff prays this court to deny Defendant's Petition. Samuel L. Andes, Esquire Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`" Street, P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: KATHARINE M. HARRIS RICHARD S. FRIEDMAN, P.C. Richard S. Friedman, Esquire ID #07176 300 N. 2nd Street, Suite 402 Attorney for Defendant/Petitioner Harrisburg, PA 17101 Tel.: (717) 234-3441/Fax: (717) 232-9946 e-mail: rsfl3u?live.com KATHARINE MYERS HARRIS, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3945 CIVIL TERM KIMBERLY C. HARRIS, : CIVIL ACTION - LAW " ;- C= Defendant/Petitioner : IN DIVORCE ?3, C= N --A rn Co rn = ;_ -? > N Ca , PRAECIPE Kindly withdraw the Petition for Modification of Alimony Order, for a reduction ON alimony only, which will reinstate the initial Order. Date: Respectfully submitted, RICHARD S. FRIJ?WAN, P.C. Richard S. Friedman, Esq. ID# 07176 300 N. 2nd St., Suite 402 Harrisburg, PA 17101 (717) 234-3441 Attorney for Defendant/Petitioner KATHARINE MYERS HARRIS, : IN THE COURT OF COMMON PLEAS Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3945 CIVIL TERM KIMBERLY C. HARRIS, : CIVIL ACTION - LAW Defendant/Petitioner : IN DIVORCE CERTIFICATE OF SERVICE 1, Richard S. Friedman, Esquire, hereby certify that on March 1, 2012, I served a copy of the within Praecipe, by depositing same in the United States Mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire 525 N. Twelfth St. P.O. Box 168 Lemoyne, PA 17043 RICHARD S. FRIEDMAN, P.C. Richard S. Friedman, Esquire 300 N. 2nd Street, Suite 402 Harrisburg, PA 17101 (717) 234-3441