Formula challenge

I looking for a way to define a non volatile dynamic range that allows the user to cut and paste the range.

This formula does everything I want except that it's volatile.
"myCount" is determined elsewhere in the workbook. Assuming that it's current value is 10.

=Offset($D$4,0,0,myCount,1)

This formula isn't volatile but it doesn't allow the user to cut and paste $D$4:$D$13 because the $D:$D doesn't move with $D$4.

=Index($D:$D,Row($D$4)):Index($D:$D,Row($D$4)+myCount,1)

Any suggestions?

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