KittyKind Affidavit

In an Affidavit of September 28, 2007, Hilary Harris, being duly sworn, deposes and says:

This affidavit submitted pursuant to the Court’s Order of August 2007

1. I was not employed by, nor did I sit on the board of BeingKind, Inc.

FACT: In 1999 The Board of Directors included not only Marlene Kess and Barbara Polonka but Hilary Harris as well.

2. In August 2000, KittyKind was incorporated. Its then Board of Directors Marlene Kess, PresidentHilary Harris, TreasurerBarbara Polonka, Secretary

FACT: When KittyKind was incorporated Hilary Harris was the TreasurerHow can she claim that as the Treasurer of this Organization she had no knowledge of its financial activities?

3. Current Board of Directors of KittyKind:

H. Harris, President – Title?

Cathy Christel, Secretary – Now President?

Kathleen Goward, Treasurer – No longer Treasurer

Emily Abrahamson

Teresa Kubiak – Now Treasurer

Miriam Hibel

Lynelle Cardone – No longer on the Board?

FACT: This Board has also changed since 2007 See KittyKind Newsletter and their 990s

4. KittyKind has never received a loan in the amount of $20,000 from Plaintiff.

FACT: Initially KittyKind, insisted that the $20,000 was a loan from Plaintiff to Marlene Kess.

5. KittyKind has no medical records for Princess Pumpkin, Tiger, Simone, Annie, Monsie before Plaintiff fostered them

6. KittyKind has no intake forms for Princess Pumpkin, Tiger, Simone, Annie, Monsie before Plaintiff fostered them

FACT: These are the only cats that KittyKind has acknowledged as KittyKind fosters yet there is absolutely NO paperwork on them?! Just as there is no paperwork for the 94 other cats I fostered from 2000 - 2007

7. The only person who has received a donation write off letter from KittyKind is Plaintiff.

FACT: I have copies of other write off letters in the amounts of $10,994.74 for 2001 and $27,423.16 for 1999. There are yet more write off letters that are out of sight and so out of reports.

8. The only person (foster home), other than Plaintiff, to receive any reimbursement for expenses in caring for KittyKind cats, since 1999 is Elfie Berkovitch

FACT: Again, there are others receiving money for housecleaning and food and litter not only on the Board but “inner Circle” people who wish to remain anonymous. Some of these people are at the Petco store on the weekends.

9. Jane Hoffman is not employed by KittyKind, nor does she provide volunteer services for KittyKind

FACT: Jane Hoffman President of the Mayor’s Alliance for NY Animals, volunteers (or has on at least 2 occasions that I personally know of) sat in on KittyKind meetings as a facilitator. She advises KittyKind on issues such as what information to share with other members (see mediation notes) and was on her way to one of the hearings on behalf of KittyKind. Because she was stuck in traffic she did not arrive in time to participate in the hearing.