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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
DEBRA L. SECREST,
PEN NA.
STATE OF
Plaintiff
No.
00-2922
VERSUS
JACKSON L. SECREST, JR.,
Defendant
DECREE IN
DIVORCE
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, ~().-. IT IS ORDERED AND
AND NOW,
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Debra L. Secrest
DECREED THAT
, PLAINTIFF,
Jackson L. Secrest, Jr.
, DEFENDANT,
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The pa:tttes'
Separation and Property Settlement Agreement dated
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2005,
is incorporated herein, but not merged.
June 20,
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By THE COURT: ',' J,
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PROTHONOTARY
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
1H
,THIS AGREEMENT made this ;;"0 day of
J iJ r>~,
, 2005, by and
between DEBRA L. SECREST, of 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, party of the first part, hereinafter referred to as "Wife,"
AND
JACKSON L. SECREST, of 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, party of the second part, hereinafter referred to as "Husband,"
WI1NESSETH:
WHEREAS, Husband and Wife were married on December 27, 1993, in Cumberland
County, Pelll1sylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
fmancial and property rights between them; and
--Page 1 ofl8-
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WHEREAS, the parties hereto have mutually entered into an agreement for the division
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, and intending
to be legally bound and to legally bind their heirs, successors, assigns, and personal
representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
1.I
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither
party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with
him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be
an admission on the part of either Husband or Wife of the lawfulness of the causes leading to
them living separate and apart.
..Page 2 of 18-
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ARTICLE II
DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
the other that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting
any action or actions for divorce, either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such action which has been, may, or shall
be instituted by the other party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant, and representation is made for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and
agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
--Page 3 of18-
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final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
2.3
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. It is understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such
decree.
ARTICLE III
EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which confonns
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
eaming power to the other party; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each part in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party; the
standard ofliving of the parties established during their marriage; the economic circumstances of
--Page 4 of 18-
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each party, including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
3.2
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets and the division is being affected without the introduction of
outside funds or other property not constituting marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
3.3
Personal ProfJertv. The parties acknowledge that they have divided their personal
property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they
have the cash accounts, furniture, appliances, guns, and other personal property, tangible and
intangible, in their possession that they wish to have and retain from this time forward. Neither
party shall make any claim whatsoever against the personal property in the other party's
possession or assets in that other party's possession from the time of execution of this Agreement
forward.
3.4
Life Insurance. Each party agrees that the other party shall have sole ownership and
possession of any life insurance policies owned by the other. Each party shall have the right to
borrow against, cash in policies, change beneficiaries, an exercise any other incidents of
ownership of the respective policies free of any right or claim by the other party. Each party
--Page 5 of 18-
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agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies
to the respective party who presently owns such policies.
3.5
SubseQuentlv Acquired Prooertv. Husband and Wife agree to waive and relinquish any
and all right that he or she may now have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and Wife specifically agree to waive
and relinquish any right in such property that may arise as a result of the marriage relationship.
3.6
Real Estate.
1700 Walnut Bottom Road. Carlisle. Cumberland Countv. Pennsvlvania. Wife is the
owner of real estate located at 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, which is held in her name alone. The real estate was owned by Wife in her name
alone prior to the parties' marriage. However, the parties acknowledge that Husband has an
interest in the increased value of the real estate.
In consideration of Husband's interest in the property, as well as giving consideration to
the other assets that the parties will each be retaining, Wife agrees that she will convey to
Husband approximately 25,000 square feet of property through a subdivision. Attached hereto
and incorporated herein by reference as Exhibit "A" is a drawing of the property located at 1700
Walnut Bottom Road, Carlisle. The property will be subdivided with Wife retaining the tract
closest to Walnut Bottom Road and the tract farthest from Walnut Bottom Road. Husband will
receive the tract identified as Lot #1 on the attachment. The parties acknowledge that the lines
drawn for the boundary lines on the north and south sides of Lot # 1 are not exact, but do depict
--Page 60f18-
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the approximate lines that will be drawn on the final subdivision plan. However, it is specifically
noted that the northern most property line, that line which is closest to the designation of Lot #2,
shall be ten feet to the north or northwest of any outbuildings attached to the existing single
family dwelling noted on Lot # 1. The southernmost property line for Lot #1 shall be five feet
south or southeast of the southernmost line depicted as the driveway for the existing single
family dwelling on Lot #1. In addition, the northern and southern property lines drawn for Lot
# 1 shall be parallel with the southernmost property line on this tract which will exist as the
southern property line for the new tract created through this subdivision being the farthest tract
from Walnut Bottom Road.
The parties acknowledge that initial services have been rendered by Brehm-Lebo
Engineering, Inc. with respect to the attachment and in anticipation of the subdivision. Husband
will use the services of Brehm-Lebo Engineering, Inc. to secure the necessary drawings and
otherwise to secure services in order to have a fmal subdivision plan approved by South
Middleton Township and the County of Cumberland. Husband shall be responsible for all costs
incurred through Brehm-Lebo Engineering, Inc.'s services, from the initial drawing for the
subdivision through the final approval and recording of the subdivision plan. Husband shall
make his initial request of Brehm-Lebo Engineering, Inc. to process this subdivision plan within
fifteen (15) days of executing this Agreement. In addition, Husband shall assist in every manner
possible to assure that the processing of the subdivision by Brehm-Lebo Engineering, Inc. is done
in a timely fashion, time being of the essence, and that he will be diligent in his processing of the
subdivision plan.
--Page 7 of 18-
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After the subdivision plan has been approved and recorded in the Cumberland County
Recorder of Deeds Office, Husband's counsel shall prepare a Deed conveying Lot #1 on the
attachment as more fully described on the referenced subdivision plans from Wife to Husband by
Special Warranty Deed, which Wife shall promptly execute.
Husband shall have no additional claims to the lot identified as Lot #2 or the third lot
located farthest from the Walnut Bottom Road as identified on the attachment.
In the event legal assistance is needed to confirm and finalize the subdivision plan,
Husband shall secure counsel of his choosing and shall be responsible for the cost of legal
counsel. Wife shall incur no expenses associated with the preparation and fmalization of the
subdivision plan.
Except for Husband's rights to ownership of the lot previously identified as Lot # 1, he
shall make no claim of any nature whatsoever relative to any legal or equitable ownership interest
in the remaining portion of the tract located at 1700 Walnut Bottom Road, Carlisle. Upon
execution of this Special Warranty Deed conveying the previously identified Lot #1 from Wife to
Husband, Husband shall have no additional claims of any nature against Wife.
3.7
Pension, Retirement. Profit-Sharinf!. Wife agrees to waive, relinquish or transfer any
and all right, title and interest she has or may have in any retirement accounts of any nature
whatsoever in which Husband has an interest at this time, including, but not limited to, any
40l(k) plan, IRA, pension, profit sharing, annuity, or other plan. This specifically includes, but
is not limited to, two Erie Family Life Annuities owned by Husband and identified as account
number 446-905 and 448-639.
--Page 8 of 18-
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Husband agrees to waive, relinquish or transfer any and all right, title and interest he has
or may have in any retirement accounts of any nature whatsoever in which Wife has an interest at
this time, including, but not limited to, any 401(k) plan, IRA, pension, profit sharing, annuity, or
other plan. This specifically includes, but is not limited to, Time Warner Savings Plan 401(k),
now known as her Fidelity Investment Bookspan 401(k) savings plan.
3.8
Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive
ownership and possession of the 1993 Travel Trailer and the Step Van that is in his possession.
Wife shall execute any and all necessary documents to waive, relinquish and transfer her interest
in the aforesaid vehicles within fifteen (15) days of being requested to do so by Husband or his
representative. Wife shall make no claim whatsoever relative to access to or use of the aforesaid
vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles
from the date of execution of this Agreement forward.
The parties acknowledge that Wife has and shall retain sole and exclusive ownership and
possession of the 1994 Ford Explorer that is in her possession. Husband shall execute any and
all necessary documents to waive, relinquish and transfer his interest in the aforesaid vehicle
within fifteen (15) days of being requested to do so by Wife or her representative. Husband shall
make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no
ownership claim of any nature whatsoever to the aforesaid vehicle from the date of execution of
this Agreement forward.
The parties further acknowledge that Wife does not have possession of any vehicles that
were owned during the parties' cohabitation and Husband has no claims of any nature
--Page 9 of 18-
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whatsoever relative to access to, use of, or ownership of any vehicles owned and in the
possession of Wife.
3.9
Intaneible Personal ProTJertv. The parties have already transferred or waived rights and
interest in other intangible personal property, including their various bank accounts, credit union
accounts, and the like. Neither party shall make any claim of any nature whatsoever against the
other party relative to the financial accounts or other investments or intangible personal property
that has already been retained by that party.
3.10
Rockledee Kennels. The parties acknowledge that Husband operates a business known
as Rockledge Kennels where he houses and grooms dogs. Another aspect of Rockledge Kennels
is Husband's showing of dogs. Wife hereby waives, relinquishes, and transfer any and all right,
title, and interest she has in Rockledge Kennels as a business. Further, in order to permit
Husband to continue to operate his business, the portable chain link fence panels that form the
large kennel yard at the property of 1700 Walnut Bottom Road, Carlisle, Pennsylvania shall be
removed by Husband and placed on the tract previously referenced in paragraph 3.6 as Lot #1
and identified as such on the attaclunent hereto within thirty (30) days of transferring Lot #1 to
Husband as provided in paragraph 3.6 above. Further, Husband shall remove his personal
property items from the building in which the kennel and dog grooming area is located
immediately behind the home at 1700 Walnut Bottom Road, Carlisle, Pennsylvania. Husband
shall not under any circumstances remove fixtures or dismantle the grooming area in the
--Page 10 ofl8-
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building. However, his personal items shall be removed within sixty (60) days of execution of
this Agreement by the parties.
ARTICLE IV
ALIMONY. ALIMONY PENDENTE LITE.
SPOUSAL SUPPORT AND MAINTENANCE
4.1
The parties herein acknowledge that except for the provisions otherwise set forth herein,
they have each secured and maintained substantial and adequate funds with which to provide
themselves sufficient resources to provide for their comfort, maintenance and support in the
station of life to which they are accustom. Husband and Wife do hereby waive, release and give
up any rights they may respectfully have against the other for alimony, alimony pendente lite,
spousal support, and maintenance except as provided for herein.
4.2
Husband and Wife specifically waive, release and give up any rights for alimony, alimony
pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code.
ARTICLE V
DEBTS OF THE PARTIES
5.1
Each party represents to the other that except as is otherwise set forth in this Agreement,
and more particularly as set forth in this Agreement, there are no outstanding obligations of the
parties; that since the separation neither party has contracted or any debts for which the other will
be responsible and each party indemnifies and holds harmless the other for all obligations
separately incurred or assumed under this Agreement. In the event that either party maintains the
..Page 11 of! 8-
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credit card or personal loan account from which the other party's name is on as an obligor, the
other party's name shall be removed as an obligor immediately so that no such obligation exists
for the other party on accounts retained exclusively by each party.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1
Advice of Counsel. The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, being Bradley 1. Griffie, Esquire, for
Wife and P. Richard Wagner, Esquire, for Husband. The parties acknowledge that they have
received independent legal advice from counsel of their own selection, that they fully understand
the facts and have been fully informed as to their legal rights and obligation or otherwise
understand those legal rights and obligations. They acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge that execution of this Agreement is
not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements.
6.2
Counsel Fees. Each party agrees to be responsible for his or her own legal fees and
expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite,
counsel fees, expenses or costs.
6.3
Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim,
and forever discharge the other and the estate of such other, for all times to come and for all
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purposes whatsoever, of and from any and all right, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of such other as by
way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption, or similar allowance, or under the intestate laws, or the right to take
against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United
States, or (c) any other country, or any rights which either party may have or at any time hereafter
have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel
fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and
only except, all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any thereof. It is the intention of Husband and
Wife to give to each other by execution of this Agreement a full, complete, and general release
with respect to any and all property of any kind or nature, real or personal, not mixed, which the
other now owns or may hereafter acquire, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any thereof.
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6.4
Warranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible or
liable, except as may be provided for in this Agreement. Each party agrees to indemnifY or hold
the other party harmless from and against any and all such debts, liabilities or obligations of
every kind, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now
and at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
6.5
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
6.6
Husband and Wife covenant and agree that they will forthwith execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper implementation of this Agreement, and as their respective
counsel shall mutually agree should be so executed in order to carry fully and effectively the
terms of this Agreement.
..Page 14 ofl8-
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6.7
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution of this Agreement.
6.8
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
6.9
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations or warranties
other than those expressly set forth herein.
6.10
Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other respects,
this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligation under anyone or more of the articles and
sections herein shall in no way void or alter the remaining obligations of the parties.
6.11
It is specifically understood and agreed that this Agreement constitutes the equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code
of the Commonwealth of Pennsylvania.
--Page 15 of 18-
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6.12
Disclosure. The parties each warrant and represent to the other that he or she has made a
full and complete disclosure to the other of all assets of any nature whatsoever in which party has
an interest, of the sources, and amount of the income of such party of every type whatsoever, and
all other facts relating to the subject matter of this Agreement.
6.13
Enforceabilitv and Consideration. This Agreement shall survive any action for divorce
and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual benefits to be obtained by both of the
parties hereto and the covenants and agreements of 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. In the event either party breaches
the aforesaid Agreement and it is determined through appropriate legal action that the alleged
party has so breached the Agreement, the breaching party shall be responsible for any and all
attorney's fees as well as costs and expenses associated with litigation incurred by the non-
breaching party to enforce this Agreement against the breaching party. In the event of breach,
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the non-breaching party shall have the right, at his or her election, to sue for damages for such
breach or to seek such other and additional remedies as may be available to him or her including
equitable enforcement of this Agreement.
--Page 16 of 18-
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
~
6.-20 -c:6
Date DE RA L. SECREST
P. Richard Wagner, Esquire
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--Page 170f18- /
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COMMONWEALTH OF PENNSYL V ANlA
COUNTY OF 0.1 mlautLl1.fI.L
On this dD!).day of ~./III , 2005, before me, the undersigned
officer, personally appeared DEBRA L. SECREST, known to me (or satisfactory proven) to be
the' person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(4~JLh.-d~J
Notary Public d
NOTARIAL SEAL
ROBIN J. GOSHORN, NOTARY PUBlIC
CARLISLE BORO. CUMBERlAND COUNTY
MY COMMISSION 'eXPIRES APRI117 2007
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cv~h -' .r(
On thisL day~U~
, 2005, before me, the undersigned
officer, personally appeared JACKSON L. SECREST, known to me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF ~ I hereunto set my hand and official seal.
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DEBRA 1. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JACKSON 1. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the court for entry of a
divorce decree:
I. Ground for divorce:
Irretrievable breakdown under 9330I(c)
3301(d)(I) oftlie Di'/oFtle Code.
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: certified mail/restricted delivery on May
17,2000.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by 93301 (c) of the Divorce
Code: by Plaintiff: June 20, 2005 by Defendant: July 5, 2005
(b) (I) Date of execution ofthe affidavit required by 93301 (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 of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the
Prothonotary: June 22, 2005
Date defendant's Waiver of Notice III 93301 (c) Divorce was filed with the
Prothonotary: July IS, 2005
1 , squire
& ASSOCIATES
Attorney for Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
Defendant
: NO. 00 ~ ..290(~ CIVIL TERM
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
will proceed without you and a decree of divorce or annulment may be entered against you for
any 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 Cumberland County Courthouse, Carlisle, Cumberland County,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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 HA VB 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
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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DEBRA 1. SECREST,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
JACKSON 1. SECREST, JR.,
Defendant
: NO. ()P~.29,J~ CNILTERM
: IN DIVORCE
COMPLAINT IN DIVORCE
NO FAULT
I. Plaintiff is Debra 1. Secrest, an adult individual currently residing at 1700 Walnut
Bottom Road, Carlisle, Cumberland County, Pennsylvania, since 1988.
2. Defendant is Jackson 1. Secrest, Jr., an adult individual currently residing at 1700
Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has
been so for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on December 27, 1995, in Cumberland
County, Pennsylvania.
5. There have been no other prior actions for divorce or annulment between the
parties.
6. Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces or its Allies.
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7. Plaintiff has been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not
desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety
(90) days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (c) of the Domestic Relations Code.
Respectfully submitted,
. Griffie, Esquire
y for Plaintiff
FIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verifY that the statements made in the foregoing document 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 falsifications to authorities.
DATE:
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
JACKSON 1. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on May
10,2000, and service was made on May 17, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORI~TIES'
DATE: 6-;:CO-oS _~
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DEBRA 1. SECREST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: CIVIL ACTION - LAW
JACKSON 1. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
THE ENTRY OF A DIVORCE DECREE
UNDER &3301(c) OF THE DIVORCE CODE
I. 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! 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 THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: 6-/l0-0.s
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
JACKSON 1. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301 (c) of the Divorce CQde was filed on May
10,2000, and service was made on May 17,2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO
UNSWORN F ALSIFICA TION TO AUTHORITIES.
DATE:
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
JACKSON 1. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
THE ENTRY OF A DIVORCE DECREE
UNDER &3301(c) OF THE DIVORCE CODE
I. 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 ifI 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 THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
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DEBRA 1. SECREST,
Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
JACKSON 1. SECREST, JR.,
Defendant
: NO. 00-2922 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this ~day of May, 2000, comes Bradley 1. Griffie, Esquire, Attorney
for Plaintiff, and states that he mailed a certified and true copy of a Complaint in Divorce to the
Defendant, Jackson 1. Secrest, at 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said
receipt is attached hereto indicating service was made on May 17,2000.
Ie, squire
r Plamtiff
E & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed,
to before me this~
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NO ARY P LIC
I Notarial Seal Public
Robin J. Goshorn, NotaZ County
\ Carlisle Bo~o, CE':',p::~pr.17, 2003 ,
My CommiSSion
SEI\IDER:
_Complete items 1 andlor 2 for adGlltlonat saMMS.
aComplete items 3, 48, and 4b.
.Print your name and address on the reverse otthis form so"thal we can return this
card to you.
_Attach this tolTTl to the front of the mailpiece, or on the back If space does not
pennit.
e _Write-Return Receipt Requested- on the mallplece below the article number.
i -The Return Receipt will show to whom the article was delivered and the date
II: delivered.
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DEBRA L. SECREST
Plaintiff
V6.
JACKSON L. SECREST, JR.
Defendant
DATE:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
: NCUo _ 2922
IN DIVORCE
CIVIL
19
STATUS SHEET
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Attorneys and Counselors at Law
Bradley L. Griffie, Esquire
Marylou Matas, Esquire
Hannah Herman-Snyder, Esquire
Robin J. Goshorn
Office Manager
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
100 Lincoln Way East, Snite D
Chambersburg, P A 17201
(717) 267-1350
Reply to: Carlisle
June 16,2005
(800) 347-5552
Fax (717) 243-5063
E. Robert Elicker, II, Esquire
Divorce Master
9 North Hanover Street
Carlisle, P A 17013
RE: Secrest vs. Secrest
No. 00-2922
Dear Mr. Elicker:
Enclosed herein please find two copies of the Separation and Property Settlement
Agreement that have been signed by the Secrests. This is a case where the Master's
Hearing is scheduled for August 11,2005, at 9:00 a.m. Please make note of the entry of
this comprehensive Agreement, forward a copy to the Prothonotary's Office, and then,
please, have your appointment vacated.
Very truly yours,
BLG/msk
Enclosures
Cc: P. Richard Wagner, Esquire
Debra L. Secrest
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) 10 0 WN~16()(l~ fd Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
00 - 2922
NO. CIVIL 19
IN DIVORCE
STATUS SHEET
DATE:
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DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2922 CIVIL
JACKSON L. SECREST, JR.,
Defendant
IN DIVORCE
TO: Bradley L. Griffie
, Attorney for Plaintiff
P. Richard Wagner , Attorney for Defendant
DATE: Monday, November 18, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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(j'Rl:F:FI'E & .JlsSOCI5t'T'ES
Attorneys and Counselors at Law
Robin J. Goshorn
Office Manager
200 North Hanover Street
Carlisle,PA 17013
(717) 243-5551
Bradley L. Griffie, Esquire
Marylon Mat.s, Esqnire
Brian C. Bornman, Esqnire
Hannah Herman-Snyder, Esqnire
Reply to: Carlisle
100 Lincoln Way East, Suite D
Chambersburg, PA 17201
(717) 267-1350
(800) 347-5552
Fax (717) 243-5063
P. Richard Wagner, Esquire
2233 North Front Street
HarrisbUrg,PA 17110
RE: Secrest vs. Secrest
Dear Rich:
I received a telephone call from the Master's Office requesting the status of the
Secrest case. They do not want to reschedule that matter if we know we are reaching an
agreement. I advised them that we had reached an agreement by letter, that the
agreement was prepared and approved by my client, and that the agreement was in your
hands, hopefully, awaiting your clien!' s signature.
I write simply to note for you that the Master's Office is following up on this and
would like to have us conclude it as promptly as possible. Your courtesy in this regard is
appreciated.
BLG/msk /
Cc: Debra 1. Secrest
E. Robert Elicker, II, Esquire
~~
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DEBRA L. SECREST
: IN THE COURT OF COMMON PLEAS OF .
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
JACKSON L. SECREST, JR.
: NO.
00 - 2922
: IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Debra L. Secrest
Bradley L. Griffie
, Plaintiff
, Counsel for Plaintiff
Jackson L. Secrest, Jr.
P. Richard Wagner
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take testimony on the outstanding
issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9
North Hanover Street, Carlisle, Pennsylvania, on the 11 th
day of
August 2005 at 9'00 a.m., at which place
and time you will be given the opportunity to present witnesses and exhibits in support
of your case.
By the Court,
~!"
t
Georg . Hoffer, President udge
Date of Order and
Notice: 5/12/05
By:
Divorce Master
IF YOU DO NOT HA VB 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
32 SOUTH BEDFORD STREET, CARLISLE, PA 17013
TELEPHONE (717) 249-3166
,--,.
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'-""c
{j1U:F:FPE & J\sSOCIYlTXS
Bradley L. Griffie, :Esquire
Marylou Matas, Esquire
Brian C. Bornman, Esquire
Hannah Herman-Snyder, Esquire
Attorneys and Counselors at Law
Robiu J. Gosborn
Office Manager
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
Reply to: Carlisle
100 Liucoln Way East, Suite D
Cbambersburg. PA 17201
(717) 267-1350
(800) 347-5552
Fa, (717) 243-5063
The Honorable Kevin A. Hess
4th Floor, Judges' Chambers
Cumberland County Courthouse
Carlisle, P A 17013
RE: Secrest vs. Secrest
No. 00-2922
Dear Judge Hess:
Your calendar will reflect that there is a hearing based upon a Petition for Special
Relief I filed in the above captioned action scheduled for Monday the 21st at 9:00 a.m.
With the concurrence of opposing counsel, P. Richard Wagner, Esquire, we respectfully
request that that hearing be continued generally. It appears that the parties have reached a
comprehensive agreement in their divorce action, which will resolve the issue that would
otherwise be before you on the 21st. Because Mr. Wagner's client travels a fair amount,
it has been difficult to secure a signed Agreement to date, but we anticipate the
Agreement will be signed inuninently, which will allow for the withdrawal of the Petition
for Special Relief.
Your courtesy in this regard is appreciated.
BLG/rjg
Cc: P. Richard Wagner, Esquire
Debra L. Secrest
VIA FACSIMILE & US MAIL
. '.- ,,-<.Co ,~..~ ".- '-v.
'#']",
DEBRA L. SECREST
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
JACKSON L. SECREST, JR.
: NO.
00 - 2922
: IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Debra L. Secrest
Bradley L. Griffie
, Plaintiff
, Counsel for Plaintiff
Jackson L. Secrest, Jr.
P. Richard Wagner
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take testimony on the outstanding
issues in the above captioned divorce proceedings at the Office ofthe Divorce Master, 9
North Hanover Street, Carlisle, Pennsylvania, on the Rth day of
February
2005 at
9:00
a.m., at which place
and time you will be given the opportunity to present witnesses and exhibits in support
of your case.
By the Court,
Date of Order and
Notice: l1/i/04
By:
Divorce Master
IF YOU DO NOT HA VB 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
32 SOUTH BEDFORD STREET, CARLISLE, PA 17013
TELEPHONE (717) 249-3166
.K,
DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 2922 CIVIL
JACKSON L. SECREST, JR.,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND PARTIES
TO: Bradley L. Griffie
Debra L. Secrest
, Counsel for Plaintiff
, Plaintiff
P. Richard Wagner
Jackson L. Secrest, Jr.
, Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 3rd day of November 2004, at 9:00 a.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of settlement
of claims. If issues remain after the conference, a hearing
will be scheduled at another date.
Very truly yours,
Date of Notice: 9/9/04
E. Robert Elicker, II
Divorce Master
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LAW OFFICES
JOHN B. MANCKE
P. RICHARD WAGNER
EDWARD F. SPREHA, JR.
MANCKE. WAGNER Be SPREHA
2233 NORTH FRONT STREET
HARRISBURG, PA 17110
PHONE (717) 234-705t
FAX (717) 234-7080
August 25, 2004
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, PA 17013
Re: Secrest v. Secrest
No: 00-2922
Dear Bob:
This matter was addressed by you some time ago and the parties agreed to meet
with Judge Bayley concerning the fluctuating value of the 401(k).
The parties have now done that, and there has been some considerable passage of
time as a negotiation for resolution was attempted.
Unfortunately, no resolution was reached, therefore, I would ask that we
reschedule this matter for the normal proceedings.
Your attention is appreciated.
P.
aguer
PRW/dks
cc: Bradley L. Griffie, Esq.
Mr. Jack Secrest
--~<^ j.>.,
--""'~""~&-""'>
DEBRA L. SECREST,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 00-2922
v.
CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
JURY TRIAL DEMANDED
Defendant
NOTICE TO PLEAD
TO: Debra L. Secrest
c/o Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 170l3.
You are hereby notified to plead to the within document
within twenty (20) days after service hereof, or a default
judgment may be entered against you.
Respectfully submitted,
~SHEY & TULLY
P. Ri Wagner, Esquire
I.D. #23103
2233 North Front Street
Harrisburg, PA l7ll0
(717) 234-7051
Attorney for Defendant
DATE: 1/f ()tJ
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-
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DEBRA L. SECREST,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff,
v.
: NO: 00-2922
: CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
: IN DIVORCE
Defendant.
ANSWER TO PLAINTIFF'S COMPLAINT
WITH ADDITIONAL COUNTS
ANSWER
AND NOW, comes the Defendant, Jackson L. Secrest, Jr., by and through
his attorneys, Mancke, Wagner, Hershey & Tully, and files the following Answer
with Additional Counts:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
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8. Admitted.
9. Admitted.
1 O. Admitted.
WHEREFORE, Defendants requests this Honorable Comt to enter a Decree
in Divorce pursuant to ~3301(c) ofthe Divorce Code.
COUNT II
EQUITABLE DISTRIBUTION
11. Paragraphs 1 through 10 above are incorporated herein by reference and
made a part hereof.
12. During the marriage, Plaintiff and Defendant have acquired various
items of personal property, both real and personal, which are subject to equitable
distribution under Section 401 of the Divorce Code of 1980.
WHEREFORE, Defendant requests this Comt:
A. Enter a Decree in Divorce; and
B. Equitably distribute all property, both real and personal, owned by the
parties.
-2-
'''''''~;ll*...~-
C. Grant such further relief as the Court may deem equitable and just.
Respectfully submitted,
Mancke, Wagner, Hershey & Tully
ard
LD. 3103
2233 North Front Street
Harrisburg, P A 17110
(717) 234-7051
Attorneys for Defendant
Date: (;'/J1~O
I
-3-
VERIFICATION
I verify that the statements made in this foregoing document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to
authorities.
;L,
DATE: ~ /} /"0
,,'.-. i<-.
DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 2922 CIVIL
JACKSON L. SECREST, JR.,
Defendant
IN DIVORCE
RESCHEDULED PRE-HEARING CONFERENCE
TO: Bradley L. Griffie
, Attorney for Plaintiff
P. Richard Wagner
, Attorney for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 8th day of April, 2003, at
12:30 p.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 4/23/03
E. Robert Elicker, II
Divorce Master
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DEBRA L. SECREST,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 2922 CIVIL
JACKSON L. SECREST, JR.,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Bradley L. Griffie
, Attorney for Plaintiff
P. Richard Wagner
, Attorney for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 24th day of April 2003, at
1:30 p.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 2/10/03
E. Robert Elicker, II
Divorce Master
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elic;ker, II
Divorce Master
Trac;i do Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
November 27, 2002
Bradley L. Griffie, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
P. Richard Wagner, Esquire
MANCKE, WAGNER, TULLY & SPREHA
2233 North Front Street
Harrisburg, PA l7110
RE: Debra L. Secrest vs. Jackson L. Secrest, Jr.
No. 00 - 2922 Civil
In Divorce
Dear Mr. Griffie and Mr. Wagner:
Both counsel have certified that discovery is complete. Therefore,
we can proceed with a review of the economic issues pending.
A divorce complaint was filed on May 10, 2000, raising grounds for
divorce of irretrievable breakdown of the marriage. No economic claims
were raised in the complaint. On June 21,2000, the Defendant filed a
claim for equitable distribution. No claims have been raised by either
party for alimony or counsel fees and costs.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel
to file a pretrial statement on or before Friday, December 20, 2002.
Upon receipt of the pretrial statements, I will immediately schedule a
"<" ';',.-- "
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.
Mr. Griffie and Mr. Wagner, Attorneys at Law
27 November 2002
Page 2
pre-hearing conference with counsel to discuss the issues and, if
necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE:
Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
",-'>=_<C" "'
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DI THE COURT OF COMMON PLEAS OF
CL'11BERL-iliD COUNTY, PENNSYI.VANU
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DERRA TOo SF.r.RFS'l'
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JACKSON L. SECREST, JR.
j)phrA T ~prr;::><::r
a master with respect to the
( X ) Divorce
( ) Annulment
( ) Alimony
( .) A.limonjPendente
:-lOTION FOR APPOT\IT-1ENT OF :1ASTER
(Plaintif;) ~OCXX moves the coure Co appoine
following claims:
Lite
(0
( )
( )
( )
Distribution or Property
Support
Counsel Fees
Costs and ~~enses
and in Support of the motion states:
(1) Discovery is cOmJ?lete as to ehe claims(s) for which ehe
appointment of a master is requested.
(2) The defendant (has) (~]gQ(t) appeared in
(by his attorney, P. Richard Wa~neT
(3) The staturory ground(s) for divorce ('!el)
~ 3301( d)
ehe action (~h)
,Esquire) .
(are) &,101(0) or
(4) Delete the inapplicable paragraph(s):
(a;XXXZHliX~JlJSXJCX:M:X~X
(~XxXgX9!gx>>~~x~~~x~il!!;xU~l!'~j.xx*'x.
f.GU.~~
claims:
(c) The aCeion is conteseed with respect :0 ehe following
rli,qtriblltiol1 of propprty
(5) The action (U!:iI:O~ (does not involve) complex issues of law
or fac.ta
(6) The hearing is expeceed to tak.e ~~~ , 11 (~ (days).
(7) Additional information, if any. relevant co ehe motion:
Bradley L. Griffie, E:
Date:-1i>\ 311~
,-lamt:.:.:::)
(iOJe~
dJ ~ h-I ORDER AP?OUTDlG :,1.0\.5 - R
.....'ID NOW ~W.11 ,l~~ E'r~~
is appointe<i master with respect to the following claims: ~
Esquire,
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{j1U:FjIX & J\sSOCIYlTXS
Attomeys and Counselors at Law
Bradley L. Griffie, Esquire
Marylou Matas, Esquire
Wendy J. F. Grella, Esquire
Robin J. Goshorn
Legal Assistant
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
Reply to: Carlisle
38 North Main Street
Chambersburg, PA 17201
(717) 267.1350
(800) 347-5552
Fax (717) 243-5063
November 25, 2002
E. Robert Elicker, II, Esquire
Divorce Master
9 North Hanover Street
Carlisle, P A 17013
RE: Secrest vs. Secrest
Dear Mr. Elicker:
Enclosed is our Certification that discovery is complete. Please note that opposing
counsel and I are in the process of exchanging some information, all of which is being
accomplished voluntarily and all of which should be accomplished shortly. Therefore, there is
no reason to delay the proceeding with respect to the directing for the filing of Pre-trial
Statements.
BLGlmsg
Enclosure
Cc: P. Richard Wagner, Esquire
Debra Secrest
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DEBRA L. SECREST,.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2922 CIVIL
JACKSON L. SECREST, JR.,
Defenda.nt
IN DIVORCE
TO: Bradley L. Griffie
, Attorney for Plaintiff
P. Richard Wagner
, Attorney for Defendant
,-.,
,,1\;\
DATE:\ "Monday, November 18, 2002
, \{
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
Counsel for Defendant has agreed to voluntarily provide
requested information such that formal discovery is complete€!
and the additional requested documents should be within our
hands eminently.
,
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
It is not believed that additional formal discovery
will De necessary and, therefore, th~re is no additional time
necessary with respect to establishing a time for the filing
of pretrial statement.
1/ ~~;~ (j ~
(;x)
( )
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
"
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LAW OFFICES
MANCKE. WAGNER, TULLY 8< SPREHA
JOHN B. MANCKE
P. RICHARD WAGNER
WILLIAM T. TULLY
EDWARD F. SPREHA
2233 NORTH FRONT STREET
HARRISBURG,
PA
17110
PHONE (717) 234~70S1
FAX (717)234-7080
November 20, 2002
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, PA 17013
Re: Secrest v. Secrest
No: 00-2922
Dear Mr. Elicker:
Enclosed herein please find the Certification which I have signed on behalf of
my client in the above-captioned matter.
Your attention is appreciated.
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Si)lCer~;
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Enclosure
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DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2922 CIVIL
JACKSON L. SECREST, JR.,
Defendant
IN DIVORCE
TO: Bradley L. Griffie
, Attorney for Plaintiff
P. Richard Wagner , Attorney for Defendant
DATE: Monday, November 18, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
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( / DATE
PLAINTIFF )
DEFENDANT ~
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
P~~TY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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DEBRA L. SECREST,
Plaintiff,
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 00 -2922
CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
IN DIVORCE
Defendant.
CERTIFICATE OF SERVICE
I, Debra K. Spinner, Secretary in the law firm of
MANCKE, WAGNER HERSHEY & TULLY, do hereby certify that on this
date a copy of the ANSWER TO PLAINTIFF'S COMPLAINT WITH
ADDITIONAL COUNTS was served upon the following person and in the
manner indicated below, which service satisfies the requirements
of the Pennsylvania Rules .of civil Procedure, by depositing the
same in the united States mail, Harrisburg, Pennsylvania, first
class postage, prepaid, and addressed as follows:
Debra L. Secrest
c/o Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
Counsel For Plaintiff
By
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Debra K. Spinn r, Secretary
MANCKE, WAGNER, HERSHEY & TULLY
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorneys for Defendant
DATE:
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Attomeys and Counselors at Law
Bradley L, Griffie, Esquire
Marylou Matas, Esquire
Brian C. Bornman, Esquire
Hannah Herman-Snyder, Esquire
Robin J. Goshorn
Office Manager
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
Reply to: Carlisle
100 Lincoln Way East, Suite D
Chambersburg, PA 17201
(717) 267-1350
(800) 347-5552
Fa, (717) 243-5063
E. Robert Elicker, II, Esquire
Divorce Master
9 North Hanover Street
Carlisle, P A 17013
RE: Secrest vs. Secrest
No. 00-2922
Master's Hearing
Dear Mr. Elicker:
Back in February of this year I corresponded with you to advise you that we felt
that the parties in the above-captioned matter would be able to resolve their outstanding
issues and reach a comprehensive Agreement in this matter. The hearing was continued
and not rescheduled because of the fact. that the parties felt that they could reach a
comprehensive resolution. That has not been the case.
W~ ~~spectf\1llyrequest that you reschedule the Master's Hearing in this matter at
the convenience of your office, as well as Mr. Wagner's and mine, so that we can
proceed with the final hearing.
Very truly yours,
BLGlmsk
Cc: P. Richard Wagner"Esquire
Debra L. Secrest
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LAW OFFICES
MANCKE, WAGNER, TULLY & SPREHA
JOHN B. MANCKE
P. RICHARD WAGNER
WILLIAM T. TULLY
EDWARD F. SPREHA
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, PA 17013
Re: Secrest v. Secrest
No: 00-2922
Dear Mr. Elicker:
I agree with Brad Griffie.
PRW/dks
cc: Bradley L. Griffie, Esq.
2233 NORTH FRONT STREET
HARRISBURG,
PHONE (717) 234.7051
FAX (717) 234-7080
PA
17110
December 2, 2002
Siveer
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LAW OFFICES
MANCKE, WAGNER, TULLY & SPREHA
JOHN B. MANCKE
P. RICHARD WAGNER
WILLIAM T. TULLY
EDWARD F. SPREHA
HARRISBURG,
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, P A 17013
Re: Secrest v. Secrest
Dear Mr. Elicker:
2233 NORTH FRONT STREET
PA
PHONE (717) 234.7051
FAX (717) 234.7090
17110
December 24,2002
Enclosed herein please find the Pre-Trial Statement on behalf of my client,
Jackson Secrest.
Your attention is appreciated.
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Enclosure
cc: Bradley L. Griffie, Esq. (w/encl.)
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Attorneys and Counselors at Law
Bradley L, Griffie, Esquire
Marylou Matas, Esquire
Wendy J. F, Grella, Esquire
Robin J. Goshorn
Legal Assistant
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
Reply to: Carlisle
38 North Main Street
Chambersburg, PA 17201
(717) 267-1350
(800) 347-5552
Fax (717) 243-5063
February 5, 2003
E. Robert Elicker, II, Esquire
9 North Hanover Street
Carlisle, P A 17013
RE: Secrest vs. Secrest
No. 00-2922
Dear Mr. Elicker:
Enclosed herein please find an Inventory and Appraisement and a Pre-Trial Statement
which I am filing on behalf of my client, Debra L. Secrest. We have received a final, updated
appraisal on the real estate which is a primary asset at issue in this case. There was an error in
the evaluation date for the date of separation which was recently clarified by Mr. Foote. That
information has been provided to us allowing us to complete the Inventory and Appraisement
and file that with you.
By separate correspondence, I have provided Mr. Wagner with a copy of these
documents. I believe it is appropriate to advance this matter with a pre-trial conference at this
time.
Your attention courtesy in this regard, as well as Mr. Wagner's patience, is greatly
appreciated.
BLGlmsg
Enclosures
Cc: P. Richard Wagner, Esquire
Debra Secrest
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vs.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
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DEBRA L. SECREST,
Plaintiff
JACKSON L. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
CIVIL TERM
PRE-TRIAL STATEMENT
OF PLAINTIFF. DEBRA L. SECREST
The above named Plaintiff, Debra L. Secrest (hereinafter referred 10 as "Wife"), by and
through her counsel, Bradley L. Griffie, Esquire, files the following Pre-Trial Statement pursuant
to Pennsylvania Rules of Civil Procedure 1920.33 (b):
I. LIST OF ASSETS
Wife's Inventory & Appraisement, in compliance with Pennsylvania Rules of Civil
Procedure, is being filed contemporaneously with this Pre-Trial Statement. All assets and debts
known to Wife at this time are identified thereon with all relevant information required by the
Pennsylvania Rules of Civil Procedure being identified in the Inventory and Appraisement.
While the parties should be able to stipulate to most values of the various assets, the
primary question that has been raised relative to assets relates to the business known as
Rockledge Kennel, which the parties had jointly operated previously but which Husband has
operated since the parties' separation. Husband has suggested that this does not have a value.
Wife submits that is absolutely has value. Besides two (2) vehicles owned by the business, there
are bank accounts, various other items of personal property, a recorded fictitious name, client
list, good will, and other aspects of the business that cause it to have value independent of any
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other assets. The business will need to be valued in order for the Master to evaluate and
determine the ultimate distribution of assets in this case.
II, EXPERT WITNESSES
It is not anticipated that expert witnesses will be necessary in this case unless the parties
continue to have disagreement relative to the value of the business known as Rockledge Kennel.
Wife reserves the right to designate additional expert witnesses in the event this appears
to be necessary as the case proceeds.
III, WITNESSES
Wife will testify on her own behalf in these proceedings. It is anticipated that no
additional testimony will be necessary.
IV. EXHIBITS
Wife's Inventory & Appraisement will be an exhibit, as will the following exhibits,
which are offour (4) pages in length or less:
Exhibit "A" - Time Warner Pension Plan Statement
Exhibit "B" - Time Warner Savings Plan (40 1 (k)) Statement
Exhibit "c" - Erie Family Life Insurance Annuity for 446-905
Exhibit "D" - Erie Family Life Annuity for 448-639
In addition, appraisals performed by Larry E. Foote of Diversified Appraisal Services
will be submitted as exhibits unless a stipulation can be signed evidencing the value of the real
estate as of the date of marriage and as of the date of separation. An appraisal has been provided
to both parties and counsel for the date of marriage and date of separation values of the property.
Wife will provide a comprehensive listing of all retirement savings statements on her
fidelity investments 401(k) account savings plan from the date of separation to present reflecting
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the growth or loss in that account from the date of separation so that an appropriate distribution
value can be determined. As Wife has continued to receive employee and employer
contributions to that plan, factoring will need to occur to reduce the present value based on post
separation contributions and then adjust the plan for post separation growth or loss.
Wife reserves the right to identify additional exhibits at the time of or following the Pre-
Trial conference in this matter, but within the time frame established by the Master for
identifying exhibits. This specifically includes a presentation of exhibits such as tax returns and
the like that would assist in valuing the business known as Rockledge Kennel.
V, GROSS INCOME
The parties' 2002 federal income tax returns, and prior years returns as relevant, will be
submitted as exhibits in the proceedings.
VI, EXPENSES
Neither party has any extraordinary expenses. Wife maintains the primary mortgage on
her real estate. Husband has maintained the home equity on the real estate due to the fact that the
bulk of the funds used from that home equity loan were used to purchase vehicles and other
items associated with the operation ofRockledge Kennel.
VII, PENSIONS
Wife has a pension through her employment. The pension is known as a Time Warner
Pension Plan. Infornlation has been provided to Husband who, through counsel, was securing a
present value of the marital portion of that pension but which information is not yet been
exchanged. Wife also has a 401(k) savings plan known as Time Warner Savings Plan through
her employment.
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Husband has two (2) Erie Family Life Annuities, one docketed to number 446-905 and
one to 448-639. Both annuities have been increasing in value. Husband has not contributed to
the larger annuity so that all growth on annuity 448-639 is marital. A portion of the growth on
annuity 446-905 is marital.
VII, COUNSEL FEES
The parties have comparable income. There are no children involved. It is believed that
each party should be responsible for their own counsel fees.
IX, PERSONAL PROPERTY
It is believed that the parties have distributed personal property to their mutual
satisfaction such that these parties will simply retain the personal property in their possession and
the Master will not need to become involved in distribution of personal property.
X, MARITAL DEBT
As previously stated, the real estate is encumbered with a mortgage. The home equity,
which was used primarily to assist financially with the operation of Rock ledge Kennel, has been
paid in full since separation.
In addition, Wife previously paid off a loan due and owing to M & T Bank for her 1994
Ford Explorer, which marital debt was 'paid off exclusively by Wife.
XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES
Initially, the parties' date of marriage must be clarified. In Husband's Pre-Trial
Memorandum, he has stated the date of marriage as December 27, 1995. This was previously
noted as an error in the original Divorce Complaint. The correct date of marriage is December 7,
1993.
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It is proposed that the parties finalize the evaluation of the marital assets and that a
distribution of the assets on a 50-50 basis be confirmed. Wife will retain the real estate.
Husband will retain the travel trailer and the vehicles associated with the operation of the
business. Husband will retain the business known as Rockledge Kennel and Wife will sign over
any interest she has in that business. . Wife will retain her pension and 401(k) plans while
Husband retains his two (2) Erie Family Life Annuities. Personal property remains as is. Wife
will retain full and exclusive responsibility for the repayment for the mortgage on the real estate.
After consideration is given to the rental value of the residence where Husband resides
which is on the marital property, as well as the other adjustments to determine the day of
distribution value of the various marital assets. A distribution can then be completed based upon
those values and as referenced above. After all of these distributions occur there may be
additional need to adjust the distribution through the payment of a lump sum settlement from one
party to the other or, in the alternative, there may be the need to execute a QDRO to transfer
retirement funds from one name to the other. The exact exchange of assets in this regard will not
be known until all evaluations are completed.
Respectfully submitted,
f , Esquire
J01: aintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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DEBRAL. SECREST,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiti;
v.
: NO: 00-2922
: CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
: IN DIVORCE
Defendant.
PRE- TRIAL STATEMENT OF DEFENDANT
L FACTS:
Husband, Jackson L. Secrest, Jr., was born September 26, 1956. He is self employed as a
dog show handler.
His 2001 income tax return indicated a gross income from his business of $72,492.00. In
addition, he had $6,240.00 gross income from W E R V, Inc.
His health is good and he has a high school education.
The parties were married December 27, 1995, and separated February 2000. This is the
second marriage for each party.
II. ASSETS:
A. Real Estate at 1700 Walnut Bottom Road, Carlisle - current value $120,000.00
(Value as of December 27, 1993 - $81,000.00)
B. Wife's Time Warner Savings Plan having a value of$219,350.00 as of November
27,2000.
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c. Wife's Time Warner Pension Plan valued at $11,820.65 by Pension Appraisers,
Inc., on behalf of Wife, representing the marital portion of her pension.
D. Husband's life insurance with Erie Family Life, Policy No. 448-639, having a cash
surrender value of$21,562.00, as of December 31,2000, value as of the date of
separation to be determined.
E. Husband's life insurance annuity No. 446-905, cash value as of separation,
$1,770.54, the value as of the date of separation to be determined.
F. 1998 Mac Truck leased by husband;
G. 1994 Explorer driven by wife;
H. 1998 Ford Van sold for $9,500.00;
I. 1993 Travel Trailer currently for sale;
J. 1985 Step Van currently for sale.
m. LENGm OF TIME FOR TRIAL:
16 DAY
IV. COMPLEX LEGAL ISSUES:
None
v. INCOME AND EXPENSE STATEMENT:
To be submitted at the time of trial.
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VL PROPOSRD RESOLUTION:
The assets valued and divided equally between the parties.
Respectfully submitted,
Mancke, Wagner, ully & Spreha
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P.' agner, Esquire
------rJD.#23103
2233 North Front Street
Harrisburg, P A 17110
(717) 234-7051
Attorneys for Defendant
Date: /,J.I ;I'll ~'J-
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CERTIFICATE OF SERVICE
I, Debra K. Spinner, Secretary in the law firm of
MANCKE, WAGNER, TULLY and SPREHA, do hereby certify that I am
this day serving a copy of the foregoing document to the
following persons and in the manner indicated below, which
service satisfies the requirements of the Pennsylvania Rules of
Civil Procedure, by depositing the same in the United States
Mail, Harrisburg, Pennsylvania, with first class postage,
prepaid, and addressed as follows:
Bradley L. Griffie, Esquire
200 North Hanover street
Carlisle, PA 17013
By
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Debra K. Spi ner, Secretary
MANCKE, WAGNER, TULLY & SPREHA
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorneys for Defendant
DATE: IJld'i/ p.J.-
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DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
CIVIL TERM
INVENTORY AND APPRAISEMENT
OF PLAINTIFF. DEBRA L, SECREST
Debra L. Secrest, Plaintiff, files this 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.
Debra L. Secrest, Plaintiff, verifies that the statements made in this inventory are true and
correct. Plaintiff further understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn Isi cation auth ities.
ASSETS OF PARTIES
Debra L. Secrest, Plaintiff, marks on the list below those items applicable to the case at
bar and itemizes the assets on the following pages.
(X) 1.
(X) 2.
( ) 3.
( ) 4.
(X) 5.
( ) 6.
( ) 7.
( ) 8.
(X) 9.
( ) 10.
( ) 11.
( ) 12.
( ) 13.
(X) 14.
(X) 15.
Real property
Motor vehicles
Stocks, bond, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash surrender value and
current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, invention, royalties
Personal property outside the home
Business (list all owners, including percentage of ownership, and
officerldirector positions held by a party with company)
() 16.
() 17.
(X) 18.
(X) 19.
() 20.
() 21.
() 22.
() 23.
() 24.
(X) 25.
(X) 26.
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Employment termination benefits-severance pay, worker's compensation
claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
MilitaryN.A. benefits
Education benefits
Debts due, including loans, mortgage held
Household furnishings and personalty (include as a total category and attach
itemized list of distribution of such assets is in dispute)
Other
LIABILITIES OF PARTIES
Debra L. Secrest, Plaintiff, marks on the list below those items applicable to the case at
bar and itemizes the liabilities on the following pages.
SECURED
(X) 1.
() 2.
() 3.
(X) 4.
UNSECURED
() 5.
() 6.
() 7.
() 8.
() 9.
Mortgages
Judgments
Liens
Other Secured Liabilities
Credit Card Balances
Purchases
Loan Payments
Notes Payable
Other Unsecured Liabilities
CONTINGENT OR DEFERRED
() 10.
() 11.
() 12.
() 13.
() 14.
() 15.
Contract or Agreements
Promissory Notes
Lawsuits
Options
Taxes
Other Contingent or Deferred Liabilities
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LAW OFFICES
MANCKE, WAGNER, TULLY & SPREHA
2233 NORTH FRONT STREET
JOHN 8. MANCKE
P. RICHARD WAGNER
WILLIAM T. TULLY
EDWARD F. SPREHA, JR.
HARRISBURG, F'A
17110
PHONE (717) 234-7051
FAX (717) 234-7080
May 14,2003
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, PA 17013
Re: Secrest
Dear Bob:
Brad Griffie and I met with Judge Bayley on May 8, 2003, after the pre-trial
conference in your office.
Judge Bayley indicated that we should write to you with Judge Bayley's opinion
regarding the issue of Mrs. Secrest's increase in her 401(k) during marriage with the
drastic decrease after separation.
Judge Bayley opined that while the statute clearly indicates the value is as to the
date of separation, nevertheless, equity should prevail and the reduction in value taken
into consideration.
Frankly, Judge Bayley felt a 50/50 division of the asset would be an appropriate
remedy.
A copy of this letter is being forwarded to Brad Griffie so that he may confirm the
content as both Brad and I agree that a letter should be sent to you concerning this matter.
Your attention is appreciated.
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PRW/dks
cc: Bradley L. Griffie, Esq.
Mr. Jackson Secrest
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Attomeys and Counselors at Law
Bradley L. Griffie, Esquire
Marylou Matas, Esquire
Wendy J, F. Grella, Esquire
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
Robin J. Goshorn
Legal Assistant
38 North Main Street
Chambersburg. PA 17201
(717) 267-1350
(800) 347-5552
Fax (717) 243-5063
Reply to: Carlisle
May 21, 2003
E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, P A 17013
RE: Secrest v. Secrest
No. 00-2922
Dear Bob:
Rich Wagner's information set forth in his letter of May 14, 2003, is accurate and in
keeping with our agreement.
At this point, I am conferring with my client to determine whether we wish to have an
expert evaluate the dog grooming and dog showing business. Upon confIrmation from her as to
how she wishes to proceed, we will notify you and Mr. Wagner so that we are aware of the
timeframe in which we are working to schedule a settlement conference.
Your attention and courtesy is appreciated.
BLGlkjl
Cc: P. Richard Wagner, Esquire
Debra L. Secrest
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Attorneys and Counselors at Law
Robin J. Goshorn
Office Manager
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
Bradley L, Griffie, Esquire
Marylou Matas, Esquire
Brian C. Bornman, Esquire
Hannah Herman-Snyder, Esquire
100 Lincoln Way East, Suite D
Chambersburg, PA 17201
(717)267-1350
Reply to: Carlisle
(800) 347-5552
Fa, (717) 243-5063
January 26, 2005
E. Robert Elicker, II, Esquire
Divorce Master
9 North Hanover Street
Carlisle, P A 17013
RE: Secrest vs. Secrest
Dear Mr. Elicker:
Please be advised that aggressive negotiations in the above captioned matter have put us
on the verge ofreaching an agreement in this case. The hearing in this matter is scheduled for
February 8, 2005, 9:00a.m. We anticipate that if we reach an agreement we will not be able to
document that agreement prior to the scheduled hearing date. At the same time, if we do not
reach an agreement, we are prepared to advance the hearing as scheduled.
With these considerations in mind, I would appreciate if you could possibly have your
secretary contact counsels' office to secure a new hearing date in the not too distant future. This
new hearing date would allow for us to complete the preparation and execution of any necessary
settlement documents within a reasonable time frame with the required pressure of a scheduled
hearing being placed on both parties. We are not asking that the hearing date as presently
scheduled be continued, but rather, that we at least secure a "penciled in" date for a continued
hearing should we reach a verbal agreement at this stage. Your consideration in this regard is
greatly appreciated.
Very truly yours,
BLGlmsk
Cc: P. Richard Wagner, Esquire
Debra L. Secrest
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JAN 0 4 2005 J
DEBRA L. SECREST
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
: NO. 00-2922
JACKSON L. SECREST, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT AND RULE TO SHOW CAUSE
AND NOW this 1'1' day of da:-~ ,2005, upon presentation and
consideration of the within Petition, it is here15y ORD RED and DECREED that:
1. A Rule is hereby issued upon the Defendant, Jackson L. Secrest, Jr., to show cause, if
any he has, as to why Plaintiff, Debra L. Secrest, is not entitled to the relief requested;
2. Defendant shall file an Answer to Petition within twenty (20) days of service upon the
Defendant;
3. The Petition shall be decided under Pa.R.C.P. No. 206.7;
5.
Depositions shall be completed within
ofthe answer to the petition.
T' . . y Argument shall be held on c::;.n#'nd~ ' the ,;( I4::t; day of
/7L~ , 2005, at 9~ (/l) . Q.....m. i. Courtroom #4- of the
Cumberland County Courthouse,.Carhsle, Pennsylvama.
~~ days of the service upon Plaintiff
4.
/6(
7. Notice of entry ofthis Order shall be provided to all parties by Petitioner.
BY THE COURT,
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DEBRA L. SECREST
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-2922
JACKSON L. SECREST, JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW comes Petitioner, Debra L. Secrest, by and through her counsel of record,
Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and petitions the Court as
follows:
1. Your Petitioner is the above-named Plaintiff, Debra L. Secrest, an adult individual
currently residing at 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania.
2. Your Respondent is the above-named Defendant, Jackson L. Secrest, Jr., an adult
individual currently residing in a separate dwelling at 1700 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania.
3. The parties are involved in divorce litigation that was initiated by Petitioner filing a
Complaint in Divorce on May 10, 2000.
4. Divorce action is presently pending before the Divorce Master.
5. Petitioner is the sole owner of the property located at 1700 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania, as evidenced by the Deed recorded in
the Cumberland County Recorder of Deeds Office in Deed Book 35, Volume "Z,"
Page 563, a copy of which is attached hereto and incorporated herein by reference as
Exhibit "A."
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6. AT the time of the filing of the Complaint in Divorce, Respondent had been paying
the second mortgage or home equity loan on the property in the form of rent to
remain at the property in a separate dwelling on the property.
7. On or about October 2002, the home equity loan was paid in full and Respondent has
continued to reside at the property, without any rental cost to him.
8. At the Pre-Trial Conference before the Divorce Master in this matter, Respondent has
taken the position that there is no rental value for his right to remain at the property
where he resides and where he operates a kennel and dog grooming business.
9. Respondent has no legal rights to retain possession of the dwelling at the property at
issue and has no legal basis to claim a right to maintain the operation of this business
on that property, particularly under circumstances where he refuses to pay rent and
argues in these divorce proceedings that there is no rental value for which he will be
obligated.
10. By correspondence dated November 4, 2004, which was faxed and mailed to
Respondent's legal counsel, P. Richard Wagner, Esquire, at his office address of
2233 North Front Street, Harrisburg, P A 17110, Petitioner gave Respondent notice to
vacate the property by no later than Saturday, December 4,2004.
11. Additional notification was given in writing to Respondent's counsel since that time
of his need to vacate the property by December 4, 2004.
12. Respondent has failed and refused to vacate the premises, but continues to claim that
no rent is due from him and that no rental value charge should be imposed upon him
in the pending divorce proceedings.
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13. The rental value to the Respondent in maintaining his residence at the property and
maintain an ongoing business of.a dog grooming and kennel business exceeds
$1,000.00 per month.
14. There is no agreement between the parties at this time for the Respondent to remain
at the premises.
15. Sufficient and proper notice has been given to Respondent to vacate the property.
16. Respondent has no legal or equitable interest in the property with the exception of the
increased value of the property which has already been determined in the divorce
proceedings.
17. There is ongoing, continuing, and irreparable harm imposed on Petitioner by
Respondent's ongoing use of the property without payment of rent.
IS. For a brief period of time, Respondent had lived at another residence not located on
Petitioner's property, thus evidencing the fact that he has available to him another
residence where he could remain pending the divorce proceedings in this case.
19. A hearing in the proceedings pending before the Divorce Master are not to be held
until February S, 2005, and Petitioner will be irreparably harmed if this matter is not
resolved prior to that time.
20. Respondent's refusal to vacate the dwelling on Petitioner's property is obdurate,
vexatious, and dilatory conduct which should obligate him to compensate Petitioner
for his attorney's fees in pursuing this matter.
21. A copy of the within Petition and proposed Order and Rule has been provided by
facsimile correspondence and first class mail to Respondent's counsel of record prior
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to filing as noted on the attached Certificate of Service and Respondent does not
concur in the request for relief herein.
WHEREFORE, Petitioner requests your Honorable Court to enter a Rule to inunediately
evict Respondent from Petitioner's property and enter a Rule upon Respondent as to why that
eviction should not remain in effect from this time forward and through the pending Master's
proceedings, and why Respondent should not be responsible for Petitioner's attorney's fees in
this matter.
Respectfully submitted,
~
\< quire
ey jor?l'alntijJ7Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
DATE:/;1-A'J7-0(
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DEBRA L. SECREST
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-2922
JACKSON L. SECREST, JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the L'day of December, 2004,
cause a copy of Plaintiff's Petition for Special Relief to be served upon Defendant's counsel of
record by facsimile and fIrst-class mail, postage prepaid at the following addresses:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
Fax No. (717) 234-7080
DATE:~
. Griffie Esquire
Attorney for Plaihtiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
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MADE THE 0' (0 day of. c:c: C~~
our Lord one thousand nine hundred ninety-two
in the year of
BETWEEN Jl\.CKSON L. SECREST, JR. single per;;;on of Cumberland COlL.'1ty,
Pennsylvania and DEBRA L. LAMAN, single per;;;on of Cumberland County,
Pennsylvania, partie;;; of the fir;;;t part .
AND
DEBRA L. LAMAN, single per;;;on of Currlberland County, peIJlli3Ylvania, party of the
;;;econd part,
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WITNESSETll:, that the ;;;aid parties of the fir;;;t part, for an in consideration
of the ;;;urn of One and 00/100 Dollar;;; ($1.00) lawful money of t.1-je United States
of America, unto t.1-jem well and truly paid by the said party of the second
part, at and before the ;;;ealing and delivery of these presents, the receipt
whereof is hereby acknowledged, remised, relea;;;ed and quit-claimed, and by
these presents do remi;;;e, release and forever, quit-claim unto the said party
of the second part, her heirs and a;;;sign;;;,
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ALL TFAT CERTAIN tract of la.'1d situate in South Middleton Township, O..mJberland
County, Pennsylvania, bounded and described as follow;;;;
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BEGINNING at a point in the center of a public road on the line of the
;;;outhem boUlldary of the WaL'1ut Bottom Road; thence along said southern
boundary, South 58 degrees 15 minutes West, 150 feet to a ;;;take; thence by
lands now or fonnerly of William CODe, Jr. South 31 degrees 45 minutes East,
671 feet to a stake; thence along the same, North 48 degrees 15 minutes East,
264.25 feet to a point ;'1 the center of said public road; thence along said
public :toad, North 41 degrees 45 minutes West 630 feet to t.1-je place of
BEGINNING.
:'
CONTAINING 3.09 acres, more or less,
BEING irrproved with a frame bungalow, frame barn; frame garage and other
. outbuildings .
BEING the same premises which Earl E, Cohick and Ruth E. Cohick by deed dated
June 29, 1988 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book K, Vol. 33, page 819, gran~ed and conveyed to
Jackson L. Secrest, Jr. and Debra L. Laman, Grantors herem.
EXHIBIT
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e6ii~ Z-35 PAGE 5~
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~u.>I:."'l:tIIl:a(, with all and singular, the tenements, hereditaments and appurtences
to the same belonging, or in anywise appertaining, and the reversion and
reveITsions, remainder and remainders, rents, issues and profits thereof; and
also, all the estate, right, title, interest, property claim and demand
whatsoever, both in law and equity, of the said part of the first part, of,
in to or out of the said premises, and every part and parcel thereof,
TO HAVE AND TO HOW the said premises, with all and singular the appurtences,
unto the said party of the second part, her heirs and assigns, to and for the
only proper use and behoof of the said party of the second part, her heirs and
assigns forever,
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IN wr.mFSS W~.l", the said parties of the first part have hereunto set their
hands and seals the day and year first above written.
SIGNED, SEALED AND DELIVERED IN
T"rlE PRESENCE OF:
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STATE OF PENNSYLVANB.
SS.
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OOUNTY OF CUMBERLAND ~
On this, the de ,Jlr--day of ~ rr
me, the undersi9TIed officer, personally appeared Jackson L. Se=est, Jr. and
Debra L, Larra.'l known to me (or satisfactorily proven) to be t..l}e persons whose
names are subscribed to the within instrument, and acknowledged that they
executed same for the purposes therein contained.
, 1992, before
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In witness whereof, I hereunto set hand and officia;t:;,eaJ;;-:',>
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"Ie, L. Murray, Nolary Public '.;i~ .",~-,~;:w"u
Carli,l. 8ero. Cumo.rlan/ County '. '';.i;",.~;::,;o(:'
My Commission Expires 0... 13. 1993
ember, ennsyjvania Ass~ciatJan 0 j atams
M6~ 2-35 mE 570
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RECEIVED APR 252005
: IN THE COURT OF COMMON PLEAS OF t*'
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-2922
DEBRA L. SECREST,
Plaintiff
JACKSON L. SECREST, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this -:;/1 ~ day of
OfA~
, 2005, upon presentation
and consideration of the within Petition, the hearing previously scheduled for March 21,
2005, at 9:00 a.m. in Courtroom No.4 of the Cumberland County Courthouse, Carlisle,
Pennsylvania on the Plaintiffs Petition for Special, which hearing was continued
generally to allow the parties time to finalize the comprehensive Agreement in the
divorce, is rescheduled for.:t:i~ ' the.1J!j, day of 9.1/71 0 ~
2005, at r.l;.3 () o'clock fL.m. in Courtroom No.4 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
If Defendant fails to file an Answer within twenty (20) days of service of this
document upon him, Plaintiff may proceed to make her prior Rule absolute. Service to
be made upon counsel of record by first-class mail, postage prepaid.
By the Court,
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DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-2922
JACKSON L. SECREST, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR RESCHEDULING HEARING
AND NOW, comes Petitioner, Bradley L. Griffie, Equire, counsel of the above-
11
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named Plaintiff, Debra L. Secrest, and petitions the Court as follows:
1. Plaintiff, Debra L. Secrest, filed a Petition for Special Relief on or about
January 3, 2005, a copy of the Petition being attached hereto and incorporated
herein by reference as Exhibit "A."
2. An Order of Court was entered on January 14, 2005, issuing a Rule upon the
Respondent and scheduling a hearing in this matter for March 21, 2005, a
copy of said Order being attached hereto and incorporated herein by reference
as Exhibit "B."
3. The parties were attempting to reach a comprehensive Agreement in their
divorce case and, in fact, Plaintiff felt that an Agreement had been reached.
4. A request for a continuance was made to allow the parties to document their
Agreement, a copy of said Order of Continuance being attached hereto and
incorporated herein by reference as Exhibit "C."
5. Defendant has not filed an Answer to the Rule.
6. Defendant has refused to sign the Agreement that was finally reached and the
matter of the Petition for Special Relief is now ripe for hearing.
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WHEREFORE, Petitioner requests your Honorable Court to reschedule the
hearing in the above-captioned matter that was previously scheduled for January 21,
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2005, and continue generally, and further reinstate the Rule upon Defendant, who has not
yet filed an Answer.
Respectfully submitted,
~
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if fie, squire
'for PI . tiff
GRIFFIE & A SOCIA TES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
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understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
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Section 4904, relating to unsworn falsifications to authorities.
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-2922
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DEBRA 1. SECREST,
Plaintiff
JACKSON L. SECREST, JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
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I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~ day of April,
2005, cause a copy of Petition for Rescheduling Hearing to be served upon Defendant's
counsel of record by first-class mail, postage prepaid at the following addresses:
,;:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PA 17110
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DEBRA 1. SECREST
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-2922
JACKSON 1. SECREST JR
, .,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
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AND NOW comes PetItIOner, Debra L. Secrest, by and through her counsel;:pf reJ::ord,'=:j.
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Bradley 1. Griffie, Esquire, and the law firm of Griffie & Associates, and petitions the Court as
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PETITION FOR SPECIAL RELIEF
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follows:
1. Your Petitioner is the above-named Plaintiff, Debra 1. Secrest, an adult individual
currently residing at 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania.
2. Your Respondent is the above-na..med Defendant, Jackson 1. Secrest, Jr., an adult
individual currently residing in a separate dwelling at 1700 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania.
3. The parties are involved in divorce litigation that was initiated by Petitioner filing a
Complaint in Divorce on May 10,2000.
4. Divorce action is presently pending before the Divorce Master.
5. Petitioner is the sole owner of the property located at 1700 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania, as evidenced by the Deed recorded in
the Cumberland County Recorder of Deeds Office in Deed Book 35, Volume "Z,"
Page 563, a copy of which is attached hereto and incorporated herein by reference as
EXHIBIT
A
Exhibit "A."
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6. A T the time of the filing of the Complaint in Divorce, Respondent had been paying
the second mortgage or home equity loan on the property in the form of rent to
remain at the property in a separate dwelling on the property.
7. On or about October 2002, the home equity loan was paid in full and Respondent has
continued to reside at the property, without any rental cost to him.
8. At the Pre-Trial Conference before the Divorce Master in this matter, Respondent has
taken the position that there is no rental value for his right to remain at the property
where he resides and where he operates a kennel and dog grooming business.
9. Respondent has no legal rights to retain possession of the dwelling at the property at
issue and has no legal basis to claim a right to maintain the operation of this business
on that property, particularly under circumstances where he refuses to pay rent and
argues in these divorce proceedings that there is no rental value for which he will be
obligated.
10. By correspondence dated November 4, 2004, which was faxed and mailed to
Respondent's legal counsel, P. Richard Wagner, Esquire, at his office address of
2233 North Front Street, Harrisburg, PA 17110, Petitioner gave Respondent notice to
vacate the property by no later than Saturday, December 4, 2004.
11. Additional notification was given in writing to Respondent's counsel since that time
of his need to vacate the property by December 4, 2004.
12. Respondent has failed and refused to vacate the premises, but continues to claim that
no rent is due from him and that no rental value charge should be imposed upon him
in the pending divorce proceedings.
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13. The rental value to the Respondent in maintaining his residence at the property and
maintain an ongoing business of a dog grooming and kennel business exceeds
$1,000.00 per month.
14. There is no agreement between the parties at this time for the Respondent to remain
at the premises.
15. Sufficient and proper notice has been given to Respondent to vacate the property.
16. Respondent has no legal or equitable interest in the property with the exception of the
increased value of the property which has already been determined in the divorce
proceedings.
17. There is ongoing, continuing, and irreparable harm imposed on Petitioner by
Respondent's ongoing use of the property without payment ofrent.
18. For a brief period of time, Respondent had lived at another residence not located on
Petitioner's property, thus evidencing the fact that he has available to him another
residence where he could remain pending the divorce proceedings in this case.
19. A hearing in the proceedings pending before the Divorce Master are not to be held
until February 8, 2005, and Petitioner will be irreparably harmed if this matter is not
resolved prior to that time.
20. Respondent's refusal to vacate the dwelling on Petitioner's property is obdurate,
vexatious, and dilatory conduct which should obligate him to compensate Petitioner
for his attorney's fees in pursuing this matter.
21. A copy of the within Petition and proposed Order and Rule has been provided by
facsimile correspondence and first class mail to Respondent's counsel ofrecord prior
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to filing as noted on the attached Certificate of Service and Respondent does not
concur in the request for relief herein.
WHEREFORE, Petitioner requests your Honorable Court to enter a Rule to immediately
evict Respondent from Petitioner's property and enter a Rule upon Respondent as to why that
eviction should not remain in effect from this time forward and through the pending Master's
proceedings, and why Respondent should not be responsible for Petitioner's attomey's fees in
this matter.
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Respectfully submitted,
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BradleY'(.Grlffie, Esquire
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GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-555]
(800) 347-5552
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VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
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DEBRA L. SECREST
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DEBRA 1. SECREST
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-2922
JACKSON 1. SECREST, JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
~
I, Bradley L. Griffie, Esquire, hereby certify that I did, the:.J.'i day of December, 2004,
cause a copy of Plaintiff s Petition for Special Relief to be served upon Defendant's counsel of
record by facsimile and first-class mail, postage prepaid at the following addresses:
P. Richard Wagner, Esquire
2233 North Front Stre.et
Harrisburg, P A 1711 0
Fax No. (717) 234-7080
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~ad1eyL. Griffie, Esquire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717)243-5551
(800)347-5552
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DEED
MADE TIlE ,;!(,; -! J,
our lord one thousand nine
day of OctC-t~,-
hundred ninety-two
L'1 the year of
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BETWEEN JACKSON L. SECREST, JR. single person of Cumberland CO\L'1ty,
Pennsylvania and DEBRA L. U\MAN, single person of Cumberland County,
Pennsylvania, parties of the first part
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DEBRA L. LAMAN, single person of Cwuberland County, pennsylvania, party of the
second part,
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WI~, that the said pa.rties of the first fB-rt, for an in consideration
of the sum of One and 00/100 Dollars ($1.00) lawful mcney of the United States
of ~'lmerica, unto t..'1ern well and truly paid by the said party of the second
part, at and before the seali"g and delivery of these presents, the receipt
whereof is hereby aclc.Dowledged, remised, ;:-eleased and quit-claiJned, and by
these presents do remise, release and forever, quit-claim unto the said party
of the second pa.-t, her heirs and assigns,
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_~ TIi1iT CERT..!l-...IN t::-act of laT}d sit:..late i.T} South rvridrl1eton Township, Cumberland
COUIlty, Pennsylvania, boUIlded ~'1d descri.bed as foEows:
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BEGLNNING at a point in the center of a public road on the line of t..'1e
southern boumJa...ry of the Walnut Bottom Road; thence along said southe=
boundary, South 58 degrees 15 minutes West, 150 feet to a stake; t..'1ence by
lands now or formerly of William Cone, Jr. South 31 degrees 45 minutes East,
671 feet to a stake; thence along the same, North 48 degrees 15 minutes E?-8t,
264.25 feet to a POint in the center of said oublic road; thence along said
public road, North 41 degrees 45 minutes west~ 630 feet to the place of
BEGINNING .
CONTAINL'ilG 3.09 acres, ITKJre or less.
EXHIBIT
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~= with all and singular, the tenements, hereditaments and appurtences
to the same belonging, or in anywise appertaining, and the reversion B-'ld
reverrsions, remainder and remainders, rents, issues and profits thereof; and
also, all the estate, right, title, interest, property claim and demand
whatsoever, both in law and equity, of the said part of the first part, of,
III to or out of the said premises, and every part and parcel thereof.
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TO HAVE AND TO HOLD the said premises, with all and sic,gular the appurtences,
unto the said party of the second part, her heirs and assigns, to and for the
only proper use and behoof of the said party of Lloe second part, her heirs and
asslgns forever.
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IN WITNESS WHEREOF, the said fB..--c-ties of the ::irst part have hereunto set their
hands and seals the day and year first above written.
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SIGNED, SEALED AND DELIVERED
THE PRESENCE OF:
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ST.l\TE OF PENNSYLV'ANLli
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COUNTY OF CJMBERLAND
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On this, the d0. day of ~ L--j' , 1992, before
me, the undersigned officer, personallyapY--=ed Jackson L. Secrest, Jr. and
Deb=a L. Larm..'l known to me (or satisfactorily proven) to be the persons whose
names are subscribed to the withL'1 ic,strument, and ack:1.O'dedged that they
executed same for the purposes therein contained.
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Renee L Murray, Nolary Publie
Carlisle Baro. Cumberlan/ Counly
My Commi5sion Expiies Dec. 13. 1993
ember, .ennsj\vama AmciariDn Q ; mm5
rw hand and officia.l seal;:>>
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In witness whereof, I he=eunto set
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DEBRA L. SECREST
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-2922
JACKSON L. SECREST, JR.,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
ORDER OF COURT AND RULE TO SHOW CAUSE
,2005, upon presentation and
ERED and DECREED that:
I. A Rule is hereby issued upon the Defendant, Jackson L. Secrest, Jr., to show cause, if
any he has, as to why Plaintiff, Debra L. Secrest, is not entitled to the relief requested;
2. Defendant shall file an Answer to Petition within twenty (20) days of service upon the
Defendant;
3. The Petition shall be decided under Pa.R.C.P. No. 206.7;
4. Depositions shall be completed within '-I :( days of the service upon Plaintiff
of the answer to the petition.
5.
Hearing/Argument shall be held on )l1A~. ' the difl..-f- day of
~ ' 2005, at q ;ou _.m. m Courtroom #~ of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
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PendingJuFil)er OrdgJ1f-Gemrt:; Defend~!]t.JaGksmpL. Secrest,}r.,js-~rom the
premiSes at .(w6"Walnut BotttfflrROaif: Carlisle, <%tnlJefliiiid County, Pennsylvania.
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7.
Notice of entry of this Order shall be provided to all parties by Petitioner.
BY THE COURT,
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TRUE COPY mOM RECORD
In TesUmony wneraol, I here unto set my han(ll
,,['1 the seal 0( said ~ Carlisle. Pl. . /
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EXHIBIT
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DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
NO. 00-2922
JACKSON L. SECREST, JR.,
Defendant
ORDER
AND NOW, this 2 ( . day of March, 2005, it appearing that a settlement has been
reached, hearing in the above matter set for March 21, 2005, is continued generally to give the
parties time to finalize the agreement.
BY THE COURT,
Bradley L. Griffie, Esquire
For the Plaintiff
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P. Richard Wagner, Esquire
For the Defendant
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EXHIBIT
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Attorneys and Counselors at Law
Robin J. Goshorn
Office Manager
200 No"lb Hanover Street
Carlisle, P A 17013
(717) 243-5551
Bradley L. Griffie, Esquire
Marylou Matas, Esquire
Brian C. Bornman, Esquire
Hannah Herman-Snyder, Esquire
Reply to: Carlisle
February 9, 2005
100 LiDco~n' Way East, Suite D
Cbamb~rsburg, P A 17201
(717) 267-1350
(8~0) 347-5552
Fa,{717) 243-5063
E. Robert Elicker, II, Esquire
Divorce Master
9 Nor.h Hanover Street
Carlisle, P A 17013
RE: Secrest vs. Secrest
Dear Mr. Elicker:
I believe the parties are on the verge of resolving the case in its entirety. This is to
confirm that I requested, with Mr. Wagner's consent, that the hearing scheduled for Tuesday,
February 8, 2005, be continued. I would appreciate your staffs assistance in rescheduling this
matter at a time convenient for counsel. Your attention is appreciated.
Very truly yours,
~C~IC-)
Bradley L. Griffie
BLGlmsk
Cc: P. Richard Wagner, Esquire
Debbie L. Secrest
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DEBRA L. SECREST,
Plaintiff
vs.
JACKSON L. SECREST, JR.,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 00-2922
ORDER
AND NOW, this 21' day of March, 2005, it appearing that a settlement has been
reached, hearing in the above matter set for March 21, 2005, is continued generally to give the
parties time to finalize the agreement.
~adley L. Griffie, Esquire
For the Plaintiff
/Richard Wagner, Esquire
For the Defendant
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BY THE COURT,
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DEBRA L. SECREST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
CIVIL TERM
PRAECIPE
Please withdraw the Petition for Special Relief filed in the above-captioned matter
which caused a hearing to be scheduled for June 23, 2005, at 3:30 p.m. in Courtroom No.
4 ofthe Cumberland County Courthouse.
Respectfully submitted,
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Date
y iffie, Esquire
'Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2922 CIVIL
JACKSON L. SECREST, JR.,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this c2f3 #... day of ~ p../
2005, the economic claims raised in the proceedings having been
resolved in accordance with a separation and property
settlement agreement dated June 20, 2005, the appointment of
the Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final decree
in divorce.
BY THE COURT,
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cc:
Bradley L. Griffie
Attorney for Plaintiff
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P. Richard Wagner
Attorney for Defendant
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THlSAGREEMENTmadethis ;2.J':.ayof JJ<""lZ
, 2005, by and
between DEBRA L. SECREST, of 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, party of the first part, hereinafter referred to as "Wife,"
AND
JACKSON L. SECREST, of 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, party of the second part, hereinafter referred to as "Husband,"
WITNESSETH:
WHEREAS, Husband and Wife were married on December 27, 1993, in Cumberland
Coun~,Pennsylvmlla;and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous ofliving separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
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WHEREAS, the parties hereto have mutually entered into an agreement for the division
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, and intending
to be legally bound and to legally bind their heirs, successors, assigns, and personal
representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither
party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with
him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be
an admission on the part of either Husband or Wife of the lawfulness of the causes leading to
them living separate and apart.
-Page 2 of18-
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ARTICLE II
DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
the other that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
deferu;e of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting. or prosecuting
any action or actioru; for divorce, either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such action which has been, may, or shall
be instituted by the other party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant, and representation is made for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and
agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
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final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
2.3
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. 1t is understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such
decree.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3,1
The parties have attempted to divide their marital property in a manner which conforms
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
earning power to the other party; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each part in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party; the
standard ofliving of the parties established during their marriage; the economic circumstances of
--Page 4 of 18-
DLSdJo/ JLS ~.
each party, including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
3.2
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets and the division is being affected without the introduction of
outside funds or other property not constituting marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
3.3
Personal Prover/]!, The parties acknowledge that they have divided their personal
property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they
have the cash accounts, furniture, appliances, guns, and other personal property, tangible and
intangible, in their possession that they wish to have and retain from this time forward. Neither
party shall make any claim whatsoever against the personal property in the other party's
possession or assets in that other party's possession from the time of execution of this Agreement
forward.
3.4
Life Insurance, Each party agrees that the other party shall have sole ownership and
possession of any life insurance policies owned by the other. Each party shall have the right to
borrow against, cash in policies, change beneficiaries, an exercise any other incidents of
ownership of the respective policies free of any right or claim by the other party. Each party
--Page 5 of 18-
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agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies
to the respective party who presently o~ns such policies.
3.5
SubseQuentlv Acquired ProTJertv. Husband and Wife agree to waive and relinquish any
and all right that he or she may now have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and Wife specifically agree to waive
and relinquish any right in such property that may arise as a result of the marriage relationship.
3.6
Real Estate,
1700 Walnut Bottom Road Carlisle. Cumberland County. Pennsvlvania. Wife is the
owner of real estate located at 1700 Walnut Bottom Road, Carlisle, Cumberland County,
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Pennsylvania, which is held in her name alone. The real estate was owned by Wife in her name
alone prior to the parties' marriage. However, the parties acknowledge that Husband has an
interest in the increased value of the real estate.
In consideration of Husband's interest in the property, as well as giving consideration to
the other assets that the parties will each be retaining, Wife agrees that she will convey to
Husband approximately 25,000 square feet of property through a subdivision. Attached hereto
and incorporated herein by reference as Exhibit "A" is a drawing of the property located at 1700
Walnut Bottom Road, Carlisle. The property will be subdivided with Wife retaining the tract
closest to Walnut Bottom Road and the tract farthest from Walnut Bottom Road. Husband will
receive the tract identified as Lot # 1 on the attachment. The parties acknowledge that the lines
drawn for the boundary lines on the north and south sides of Lot # 1 are not exact, but do depict
--Page 6 ofl8~
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the approximate lines that will be drawn on the final subdivision plan. However, it is specifically
noted that the northern most property line, that line which is closest to the designation of Lot #2,
shall be ten feet to the north or northwest of any outbuildings attached to the existing single
family dwelling noted on Lot #1. The southernmost property line for Lot #1 shall be five feet
south or southeast of the southernmost line depicted as the driveway for the existing single
family dwelling on Lot #1. In addition, the northern and southern property lines drawn for Lot
# 1 shall be parallel with the southernmost property line on this tract which will exist as the
southern property line for the new tract created through this subdivision being the farthest tract
from Walnut Bottom Road.
The parties acknowledge that initial sefVlces have been rendered by Brehm-Lebo
Engineering, Inc. with respect to the attachment and in anticipation of the subdivision. Husband
will use the services of Brehm-Lebo Engineering, Inc. to secure the necessary drawings and
otherwise to secure services in order to have a final subdivision plan approved by South
Middleton Township and the County of Cumberland. Husband shall be responsible for all costs
incurred through Brehm-Lebo Engineering, Inc.' s services, from the initial drawing for the
subdivision through the final approval and recording of the subdivision plan. Husband shall
make his initial request of Brehm-Lebo Engineering, Inc. to process this subdivision plan within
fifteen (15) days of executing this Agreement. In addition, Husband shall assist in every manner
possible to assure that the processing of the subdivision by Brehm-Lebo Engineering, Inc. is done
in a timely fashion, time being of the essence, and that he will be diligent in his processing of the
subdivision plan.
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After the subdivision plan has been approved and recorded in the Cumberland County
Recorder of Deeds Office, Husband's counsel shall prepare a Deed conveying Lot #1 on the
attachment as more fully described on the referenced subdivision plans from Wife to Husband by
Special Warranty Deed, which Wife shall promptly execute.
Husband shall have no additional claims to the lot identified as Lot #2 or the third lot
located farthest from the Walnut Bottom Road as identified on Ihe attachment.
In the event legal assistance is needed to confirm and finalize the subdivision plan,
Husband shall secure counsel of his choosing and shall be responsible for the cost of legal
counsel. Wife shall incur no expenses associated with the preparation and finalization of the
subdivision plan.
Except for Husband's rights to ownership of the lot previously identified as Lot #1, he
shall make no claim of any nature whatsoever relative to any legal or equitable ownership interest
in the remaining portion of the tract located at 1700 Walnut Bottom Road, Carlisle. Upon
execution of this Special Warranty Deed conveying the previously identified Lot #1 from Wife to
Husband, Husband shall have no additional claims of any nature against Wife.
3,7
Pension, Retirement, Profit-Sharine. Wife agrees to waive, relinquish or transfer any
and all right, title and interest she has or may have in any retirement accounts of any nature
whatsoever in which Husband has an interest at this time, including, but not limited to, any
401(k) plan, IRA, pension, profit sharing, annuity, or other plan. This specifically includes, but
is not limited to, two Erie Family Life Annuities owned by Husband and identified as account
number 446-905 and 448-639.
--Page 8 ofl8-
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Husband agrees to waive, relinquish or transfer any and all right, title and interest he has
or may have in any retirement accounts of any nature whatsoever in which Wife has an interest at
this time, including, but not limited to, any 401 (k) plan, IRA, pension, profit sharing, annuity, or
other plan. This specifically includes, but is not limited to, Time Warner Savings Plan 401(k),
now known as her Fidelity Investment Bookspan 401 (k) savings plan.
3.8
Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive
ownership and possession of the 1993 Travel Trailer and the Step Van that is in his possession.
Wife shall execute any and all necessary documents to waive, relinquish and transfer her interest
in the aforesaid vehicles within fifteen (15) days of being requested to do so by Husband or his
representative. Wife shall make no claim whatsoever relative to access to or use of the aforesaid
vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles
from the date of execution of this Agreement forward.
The parties acknowledge that Wife has and shall retain sole and exclusive ownership and
possession of the 1994 Ford Explorer that is in her possession. Husband shall execute any and
all necessary documents to waive, relinquish and transfer his interest in the aforesaid vehicle
within fifteen (15) days of being requested to do so by Wife or her representative. Husband shall
make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no
ownership claim of any nature whatsoever to the aforesaid vehicle from the date of execution of
this Agreement forward.
The parties further acknowledge that Wife does not have possession of any vehicles that
were owned during the parties' cohabitation and Husband has no claims of any nature
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whatsoever relative to access to, use of, or ownership of any vehicles owned and m the
possession of Wife.
3.9
Intaneible Personal Property. The parties have already transferred or waived rights and
interest in other intangible personal property, including their various bank accounts, credit union
accounts, and the like. Neither party shall make any claim of any nature whatsoever against the
other party relative to the financial accounts or other investments or intangible personal property
that has already been retained by that party.
3,10
Rockledee Kennels. The parties acknowledge that Husband operates a business known
as Rockledge Kennels where he houses and grooms dogs. Another aspect of Rockledge Kennels
is Husband's showing of dogs. Wife hereby waives, relinquishes, and transfer any and all right,
title, and interest she has in Rockledge Kennels as a business. Further, in order to permit
Husband to continue to operate his business, the portable chain link fence panels that form the
large kennel yard at the property of 1700 Walnut Bottom Road, Carlisle, Pennsylvania shall be
removed by Husband and placed on the tract previously referenced in paragraph 3.6 as Lot #1
and identified as such on the attachment hereto within thirty (30) days of transferring Lot #1 to
Husband as provided in paragraph 3.6 above. Further, Husband shall remove his personal
property items from the building in which the kennel and dog grooming area is located
immediately behind the home at 1700 Walnut Bottom Road, Carlisle, Pennsylvania. Husband
shall not under any circumstances remove fixtures or dismantle the grooming area in the
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building. However, his personal items shall be removed within sixty (60) days of execution of
this Agreement by the parties.
ARTICLE IV
ALIMONY, ALIMONY PENDENTE LITE,
SPOUSAL SUPPORT AND MAINTENANCE
4.1
The parties herein acknowledge that except for the provisions otherwise set forth herein,
they have each secured and maintained substantial and adequate funds with which to provide
themselves sufficient resources to provide for their comfort, maintenance and support in the
station of life to which they are accustom. Husband and Wife do hereby waive, release and give
up any rights they may respectfully have against the other for alimony, alimony pendente lite,
spousal support, and maintenance except as provided for herein.
4.2
Husband and Wife specifically waive, release and give up any rights for alimony, alimony
pendente lite and spousal support pursuant to Chapter 3 7 of the Domestic Relations Code.
ARTICLE V
DEBTS OF THE PARTIES
5.1
Each party represents to the other that except as is otherwise set forth in this Agreement,
and more particularly as set forth in this Agreement, there are no outstanding obligations of the
parties; that since the separation neither party has contracted or any debts for which the other will
be responsible and each party indemnifies and holds harmless the other for all obligations
separately incurred or assumed under this Agreement. In the event that either party maintains the
--Page 11 of18--
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credit card or personal loan account from which the other party's name is on as an obligor, the
other party's name shall be removed as an obligor immediately so that no such obligation exists
for the other party on accounts retained exclusively by each party.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1
Advice of Counsel. The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, being Bradley 1. Griffie, Esquire, for
Wife and P. Richard Wagner, Esquire, for Husband. The parties acknowledge that they have
received independent legal advice from counsel of their own selection, that they fully understand
the facts and have been fully informed as to their legal rights and obligation or otherwise
understand those legal rights and obligations. They acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge that execution of this Agreement is
not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements.
6,2
Counsel Fees, Each party agrees to be responsible for his or her own legal fees and
expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite,
counsel fees, expenses or costs.
6.3
Mutual Release, Husband and Wife each do hereby mutually remise, release, quitclaim,
and forever discharge the other and the estate of such other, for all times to come and for all
-Page12of18 M L
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purposes whatsoever, of and from any and all right, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of such other as by
way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption, or similar allowance, or under the intestate laws, or the right to take
against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United
States, or (c) any other country, or any rights which either party may have or at any time hereafter
have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel
fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and
only except, all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any thereof. It is the intention of Husband and
Wife to give to each other by execution of this Agreement a full, complete, and general release
with respect to any and all property of any kind or nature, real or personal, not mixed, which the
other now owns or may hereafter acquire, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any thereof.
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6.4
Warranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible or
liable, except as may be provided for in this Agreement. Each party agrees to indemnifY or hold
the other party harmless from and against any and all such debts, liabilities or obligations of
every kind, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now
and at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
6,5
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
6.6
Husband and Wife covenant and agree that they will forthwith execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper implementation of this Agreement, and as their respective
counsel shall mutually agree should be so executed in order to carry fully and effectively the
terms of this Agreement.
--Page 14 of18-
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6.7
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution of this Agreement.
6.8
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
6.9
111is Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations or warranties
other than those expressly set forth herein.
6.10
Severabilitv, If any term, condition, clause, section, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other respects,
this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligation under anyone or more of the articles and
sections herein shall in no way void or alter the remaining obligations ofthe parties.
6.11
It is specifically understood and agreed that this Agreement constitutes the equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code
of the Commonwealth of Pennsylvania.
--Page 15 0f18n. / ~
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6.12
Disclosure. The parties each warrant and represent to the other that he or she has made a
full and complete disclosure to the other of all assets of any nature whatsoever in which party has
an interest, of the sources, and amount of the income of such party of every type whatsoever, and
all other facts relating to the subject matter of this Agreement.
6.13
Enforceability and Consideration, This Agreement shall survive any action for divorce
and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual benefits to be obtained by both of the
parties hereto and the covenants and agreements of each of the parties to the other. The adequacy
ofthe consideration for all agreements herein contained is stipulated, confessed, and admitted by
the parties, and the parties intend to be legally bound hereby. In the event either party breaches
the aforesaid Agreement and it is determined through appropriate legal action that the alleged
party has so breached the Agreement, the breaching party shall be responsible for any and all
attorney's fees as well as costs and expenses associated with litigation incurred by the non-
breaching party to enforce this Agreement against the breaching party. In the event of breach,
the non-breaching party shall have the right, at his or her election, to sue for damages for such
breach or to seek such other and additional remedies as may be available to him or her including
equitable enforcement ofthis Agreement.
--Page 16 ofl8 ,..'f /
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
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--Page 17 ofl8-
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~~
On this c';).6 ~day of ~A ." 0 , 2005, before me, the undersigned
officer, personally appeared DEBRA L. SECREST, known to me (or satisfactory proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purpose therein contained.
IN WIlNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
NOTARIAL SEAL PUBLIC
ROBIN 1. GOSHORN. ~~~~D COUNn'
C~RLlSLE 90IRol!;'EXC~~RES ~PRIL 17 ZDD7
MY CDMMISS "
COMMONWEALTH OF PENNSYLVANIA
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On this<l:::'_ day of ,~UA.U.
, 2005, before me, the undersigned
officer, personally appeared JACKSON L, SECREST, known to me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Of PENNS'I'l\!J\NI(>.
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DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-2922
JACKSON L. SECREST, JR.,
Defendant
ORDER
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AND NOW, this 1'"1' day of May, 2005, hearing in the above captioned matter set
for June 17,2005, is continued to Thursday, June 23, 2005, at 3:30 p.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, P A.
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BY THE COURT,
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For the Plaintiff
P. Richard Wagner, Esquire
For the Defendant
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DEBRA 1. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-2922
JACKSON 1. SECREST, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PETITION FOR RESCHEDULING HEARING
AND NOW, comes Petitioner, Bradley 1. Griffie, Equire, counsel of the above-
named Plaintiff, Debra 1. Secrest, and petitions the Court as follows:
I. Plaintiff, Debra 1. Secrest, filed a Petition for Special Relief on or about
January 3, 2005, a copy ofthe Petition being attached hereto and incorporated
herein by reference as Exhibit "A."
2. An Order of Court was entered on January 14,2005, issuing a Rule upon the
Respondent and scheduling a hearing in this matter for March 21, 2005, a
copy of said Order being attached hereto and incorporated herein by reference
as Exhibit "B."
3. The parties were attempting to reach a comprehensive Agreement in their
divorce case and, in fact, Plaintiff felt that an Agreement had been reached.
4. A request for a continuance was made to allow the parties to document their
Agreement, a copy of said Order of Continuance being attached hereto and
incorporated herein by reference as Exhibit "C."
5. Defendant has not filed an Answer to the Rule.
6. Defendant has refused to sign the Agreement that was finally reached and the
matter of the Petition for Special Relief is now ripe for hearing.
WHEREFORE, Petitioner requests your Honorable Court to reschedule the
hearing in the above.captioned matter that was previously scheduled for January 21,
2005, and continue generally, and further reinstate the Rule upon Defendant, who has not
yet filed an Answer.
Respectfully submitted,
~
Date
. riffie, squire
Jor PI . tiff
GRIFFIE & A SOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243.5551
(800) 347.5552
VERIFICATION
I verify that the statements made in the foregoing docwnent 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 falsifications to authorities.
DATE:~
~rQmRE
DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-2922
JACKSON L. SECREST, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
~1
I, Bradley L. Griffie, Esquire, hereby certify that I did, the ~ day of April,
2005, cause a copy of Petition for Rescheduling Hearing to be served upon Defendant's
counsel of record by first-class mail, postage prepaid at the following addresses:
P. Richard Wagner, Esquire
2233 North Front Street
Harrisburg, PAl 711 0
DATE:~
DEBRA L SECREscl
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PEN:.JSYLVAN1A
vs.
NO. 00-2922
JACKSON L SECREST. JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
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PETITION FOR SPECIAL RELIEF
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AND NOW comes Petitioner, Debra L. Secrest, by and through her coun~et9f r&cbrd,'::; 1
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Bradley L. Griffie, Esquire, and the law fiml of Griffie & Associates, and petitions the Court as
\]
follows:
1. Your Petitioner is the above-named Plaintiff. Debra L. Secrest, an adult individual
currently residing at ] 700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania.
2. Your Respondent is the above-named Defendant, Jackson L Secrest., Jr., an adult
individual currently residing in a separate dwelling at ] 700 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania.
3. The parties are involved in divorce litigation that was initiated by Petitioner filing a
Complaint in Divorce on May 10, 2000.
4. Divorce action is presently pending before the Divorce Master.
5. Petitioner is the sole owner of the property located at 1700 Walnut Bottom Road,
Carlisle, Cumberland County, Pennsylvania, as evidenced by the Deed recorded in
the Cumberland County Recorder of Deeds Office in Deed Book 35, Volume "Z,"
Page 563, a copy of which is attached hereto and incorporated herein by reference as
Exhibit "A."
~
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EXHIBIT
A
6. .A T the time of the filing of the Complaint in Divorce, Respondent had heen paying
the second mortgage or home equity loan on the properly in the form of rent to
remain at the properly in a separate dwelling on the property.
7. On or about October 2002, the home equity loan was paid in full and Respondent has
continued to reside at the properly, without any rental cost to him.
8. Al the Pre-Trial Conference before the Divorce Master in this matter, Respondent has
laken the position that there is no rental value for his right to remain at the property
where he resides and where he operates a keMel and dog grooming business.
9. Respondent has no legal rights to retain possession of the dwelling at the properly at
issue and has no legal basis to claim a right to maintain the operation of this business
on that property, particularly under circumstances where he refuses to pay rent and
argues in these divorce proceedings that there is no rental value for which he will be
obligated.
10. By correspondence dated November 4, 2004, which was faxed and mailed to
Respondent's legal counsel, P. Richard Wagner, Esquire, at his office address of
2233 North Front Street, Harrisburg, P A ] 7]] 0, Petitioner gave Respondent notice to
vacate the property by no later than Saturday, December 4,2004.
11. Additional notification was given in writing to Respondent's counsel since that time
of his need to vacate the properly by December 4, 2004.
l2. Respondent has failed and refused to vacate the premises, but continues to claim that
no rent is due from him and that no rental value charge should be imposed upon him
in the pending divorce proceedings.
13. The rental value to the Respondent in maintaining his residence at the property and
mamlam an ongoing business of a dog grooming and kennel business exceeds
$1,000.00 per month.
14. There is no agreement between the parties at this time for the Respondent to remain
at the premises.
15. Sufficient and proper notice has been given to Respondent to vacate the property.
16. Respondent has no legal or equitable interest in the property with the exception of the
increased value of the property which has already been determined in the divorce
proceedings.
] 7. There is ongoing, continuing, and irreparable harm imposed on Petitioner by
Rcspondent's ongoing use of the property without payment ofrent.
18. For a brief period of time, Respondent had lived at another residence not located on
Petitioner's property, thus evidencing the fact that he has available to him another
residence where he could remain pending the divorce proceedings in this case.
19. A hearing in the proceedings pending before the Divorce Master are not to be held
until February 8, 2005, and Petitioner will be irreparably harmed if this matter is not
resol ved prior to that time.
20. Respondent's refusal to vacate the dwelling on Petitioner's property is obdurate,
vexatious, and dilatory conduct which should obligate him to compensate Petitioner
for his attorney's fees in pursuing this matter.
21. A copy of the within Petition and proposed Order and Rule has been provided by
facsimile correspondence and first class mail to Respondent's counsel ofrecord prior
to filing as noted on the attached Certificate of Service and Respondent does not
concur in the request for relief herein.
WHEREFORE, Petitioner requests your Honorable Court to enter a Rule to immediately
evict Respondent from Petitioner's property and enter a Rule upon Respondent as to why that
eviction should not remain in effect from this time forward and through the pcnding Master's
proceedings, and why Respondent should not be responsible for Petitioner's attorney's fees in
this matter.
Respectfully submitted,
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'-AttOrney for PlaintifJlPetitioner
GRIFFIE & ASSOCIATES
200 NOlih Hanover Street
Carlisle. P A 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
] verify that the statements made in the foregoing documcnt are true and correct. J
nnderstand that false statements herein are made subject to the penalties of ] 8 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
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DEBRA. L. SECREST
DEBRA L SECREST
Plainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 00-2922
.JACKSON L SECREST, .JR.,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
(7--.
I, Bradley L Griffie, Esquire. hereby certify that I did. the J'L day of December, 2004,
cause a copy of Plaintiff s Petition for Special Relief to be served upon Defendant's counsel of
record by facsimile and first-class mail, postage prepaid at the following addresses:
P. Richard Wagner, Esquire
2233 North F rant Street
Harrisburg, PA ] 7] ] 0
Fax No. (7] 7) 234-7080
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~ad]eyl. Griffie, Esquire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717)243-555]
(800)347-5552
IJEED
~E TSE
G~ lDrd one
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BETWEEN ~.cr~ON L. SECPES~f JR. si2g1e person of c~r~and Cour.-:.y,
Pennsyl'IaJl~a 2..1Jd DEBR~ L. L..1JJ.W~1 single person of Cumber2.2.clC County f
?eDLsylvdr~ar ;cLrties of tje first peL~
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DEER!\. L. ~W1\J, sLlgle person or ClJ1T1t;.erla.'ld COll.."'1-::Yr ?ennsylvcs..ia, ~y 0:: the
second ;x.:: c,
WI~~! ':!J.at the said oar:ies of the i:irs-:. DS.....-~f ::or a.l ':"":'1 conside:ca::.:.on
of c2:le sum of One a11d 00/100 Doll22'S ($l.OO) laWful ;DOney of c2:le U:ri-;:ed Stat:.es
oi JtrneriC3, :LTlto t..;.'lem well 3..lLd -crulv oa:.d bv the scid par::y o~ the secord.
~f at &lG be::ore ":~"le seal~J.g a...'1d""" delive:y of "":.hese preser:-:.s, ::'!"'le receipt
whereo:: is hereby ack_:owledged, rerr.ised, ::-eleased ~ld qc.:.t-cla.2...t"ned, and by
these presen~s do r~~ise, release ~d =orever, q2i~-cl~i '~l~O the said p2-~y
O~ ~h d ~ c .. . .
_ ,-...e secc:m par '-I Lle::.- nellS anc asslgns /
.r::;- ,I. ,=,="':j:_T i~..IN t::.--e.ct of laid s2::'-Ja":.e ~..., SOllth l1:.c:dletor'l TCJI.\lTIshi~') r C'~,::p-:-la..T}d
Coun-=--y, PeILisylve....'"lia, ::O'02"1dOO fu'1d desc::~ e.s ::ol2.-:JWs:
BEGLNNING at a pGLlt in the center of a public road on tie ~~le of the
southe::n 'x>Uilda."".~{ of the Walnul:. 3o-ctom Road; -:.hence along s2id southe::-:1
boun~-y, South 58 degrees 15 ~~utes Wes-;:, 150 ~eet t:.o a st:.ake; cheilce by
lands ~ow or formerly of William Cope, Jr. South 31 degrees 45 minutes ~ast,
671 feet to a stakei thence along the same, NOrL~ 48 degrees 15 rninu~es 3?-5~,
264.25 ::eet to a DOL~t LD the center of said Dublic road; thence along said
public road, North 41 degrees 45 ~,ut:.es West-630 feet:. to the Place of
BEGINNING.
CONT.nl'lL'lG 3.09 a=es, IOClre or less.
BEING irrpr-oved with a fr-ame bungalow, fra'lle ba.rn, frame gcrage a,d ot2:ler
. outbuildings .
BEING the same premises which Earl E. Cohick and Rut2:l E. Cohick Joy deed dated
June 29, 1988 and recorded in the Office of the Recorder of D=eds in and for
Ctmlberland County in D=ed 300k K, Vol. 33, Page 819, gra,ted and conveyed to
uackson L. Seer-est, Jr-. and Debra L. Laman, Grant:.ors herein.
EXHIBIT
506~ 135 PAGE 5~
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TIX.rl::THER wi-ch all anc s~ncn.:=-a:- f tne "'=.-eflOEle;:"l':.; r ht='=-er'~t..aITIe'1':_:::' a,l~ Cl;:::1pu::::-=.~ncF;s
'Co 'Che S2..iiV'" belonq; ng O~~ill a"-"'" ~ a,.--,-r,.::r+~ -r,'I(:' 2:1C tn..... Ie\Te:C-~J(ln a'1d
_ _ ~u f ~ J. '1' '^_-"_ !:"'t--'~- _L-'.~~L~.';J I..... - ~ -
r~verr:;.:.ons, reJTi2..inde::- Q..jd remainde:::-s I :::-ents f iss-:les 3lJd ~)::::-ofi-i:.s thereo:L: ; ac'1d
also, all the estate, ric;ht, :.itler irr:erest, :;Jrope:::-cy clailn and dE:'l1BIJd
wnat.3oever! b:Jt~ 2.n law and eauit"v f of -:'~le said f'XL-rt of c:.he fiTs~ ~ ( of f
Ll ~o o:c out of -:.he said premises: and eveIJ' rICe L_ ale :;:arcel thereof.
'I'D HAVE AND TO HOLD me sc.id premises r wl'Ch a2.1 ale S~lgu.Lar t.he ap;)ljr:.'~Dces,
un-:.o tl1e s2.i:: ~y of t~e second p.ar!:-, her ~ei:-s a."id assigr.s, -co lli'1d :::0:: "':-,."le
only p::-o:;:>e=-- use ru"ld behoof of -the said ~y of t~e second ;:a:t, her he.L=s a.-rl
asslg:lS foreve:::-.
IN WIntESS WHEREOF! the said parties of the :::..:ss:: part. have he:::-e'..mto seT.- 7"_1.e-;-r
rmnds and seals the day and year :i::-st above 'w"T i ~-:.er. .
SIGNED, s-'r:J.T?n -"~"'D D::.L:::VEPED HI
'L-1E PP.ESEN"CE 0;:;'.
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ST!'.c:'E OF ?:::NNSYLV)\NL'.
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caUl-iTY OF CJl-lBERL~'D
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On ':his, the -:::::::7'LP day of ~ t..T-
me, the ~~de~si~ed officer, personally a~~ed Jackson L. Secrest, Jr. and
Deb:-a L. LarraT1 KtlOWTI to me (or satisfac:.orily proven) "':0 be "the persons whose
names are subscribed to the withi...fJ. l nstrurnent, and ack:-lC':.'led.ged that -::.hey
executed same for the purposes therein contained.
f 1992 r :;,eIore
In witness whereof, I he::-eunto set '"i hand and official-sea.1:':'
,
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Rene-e L. Murray. Notary Public
Carlisle Boro. Cu.llberlanc County
My Co;nmbsion Expi,"~, 0e~, 13. 1993
ernD~r, ~nn:;jln.ma Amm.t1Dn D ,Ham:;
IllLlQA 'L4'i!1':'~~:':' 'OO;?
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DEBRA L. Sl:-:CREST
PlailllilT
1N THE COURT OF COMMON ('LEAS OF
CUMBERLAND COUNTY, PEN,,\SYLVANIA
vs.
NO. 00-2CJ22
.lACKSO"i L SECREST, JR,
Dcfendallt
C1VIL ACTION - LA W
IN DIVORCE
ORDER OF COURT AND RULE TO SHOW CAUSE
<V
A1\ID NOW this / If'- day 0 ?
consideration of tbe witbin Petition, it is 1ereby 0
, 2005, upon presentation and
DERED and DECREED that:
1. A Rule is hereby issued upon the Defendant, .lacks on 1. Secrest, Jr., to show cause, if
any he has, as to why Plaintiff, Debra 1. Secrest, is not entitled to the relief requested;
2. Defendant shall file an Answer to Petition within twenty 120) days of service upon the
Defendant;
3. The Petition shall be decided under Pa.R.C.P. No. 206.7;
4.
Depositions shall be completed within
of the answer to the petition.
<j ~ days of the service upon Plaintiff
5.
Hearing/Argument shall be held on )11 I..-.U?! ' the Ji"a-r- day of
rh.iL~ , 2005, at 9 ;0"0 G..m. in Courtroom #.-'i..._ of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
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Pending furtly;r OrderofC{Tul'\J Defendant, .laGk-smpL Secrest, Jr., is e~d.frol11 the
pn,mises at (weW~lnut Bott~Flt'R6ad, Carlisle, ~ll1berland County, Pennsylvania.
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7.
Notice of entry of this Order shall be provided to all parties by Petitioner.
BY THE COURT,
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TRUE COPY FROM RECORD
If! Te:;Jii1lQny wnereof, I here unto sa! my Mod
...,,:1 thll seal of said Coo -'II CarlIsle. Pa.
nl I.s.- . _ J,C'o{
EXHIBIT
DEBRA 1. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PE1'-.TNSYLVANL\
.VS.
CIVIL ACTION - LAW
NO. 00-2922
JACKSON 1. SECREST, JR"
Defendant
ORDER
AND NOW, this 2 (
day of March, 2005, it appearing that a settlement has been
reached, hearing in the above matter set for March 21,2005, is continued generally to give the
parties time to finalize the agreement.
BY THE COURT,
/7d-.
Bradley 1. Griffie, Esquire
For the Plaintiff
P. Richard Wagner, Esquire
For the Defendant
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EXHIBIT
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DEBRA L. SECREST,
Plaintiff
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RECEIVED APR 2 5 2005 ti\
IN THE COURT OF COMMON PLEAS OF f
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00-2922
JACKSON L. SECREST, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this ;J.1rlJ day of
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, 2005, upon presentation
and consideration of the within Petition, the hearing previously scheduled for March 21,
2005, at 9:00 a.m. in Courtroom No.4 of the Cumberland County Courthouse, Carlisle,
Pennsylvania on the Plaintiffs Petition for Special, which hearing was continued
generally to allow the parties time to finalize the comprehensive Agreement in the
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divorce, is rescheduled for ,J.,'y.,?: 11 -:J
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2005, at ..:/. ~") L,. o'c oc ~.m. in Courtroom No.
, the rt0day of '] 11."
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4 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
If Defendant fails to file an Answer within twenty (20) days of service of this
document upon him, Plaintiff may proceed to make her prior Rule absolute. Service to
be made upon counsel of record by first-class mail, postage prepaid.
By the Court,
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DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 00-2922
JACKSON L. SECREST, JR.,
Defendant
ORDER
AND NOW, this rr day of May, 2005, hearing in the above captioned matter set
for June 17,2005, is continued to Thursday, June 23, 2005, at 3:30 p.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, P A.
BY THE COURT,
?l
Bradley L. Griffie, Esquire
For the Plaintiff
P. Richard Wagner, Esquire
For the Defendant
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DEBRA 1. SECREST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
JACKSON 1. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
CIVIL TERM
PRAECIPE
Please withdraw the Petition for Special Relief filed in the above-captioned matter
which caused a hearing to be scheduled for June 23, 2005, at 3:30 p.m. in Courtroom No.
4 ofthe Cumberland County Courthouse.
Respectfully submitted,
JJ/5/0)
Date
y riffie, Esquire
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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DEBRA L. SECREST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301 (c) of the: Divorce Code was filed on May
10,2000, and service was made on May 17, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 POl.C.S. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: 6-.20-oS
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DEBRA L. SECREST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE l>ECREE
UNDER &3301(c) OF THE DIVORCE CODE
I. 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 in do not claim them before a divor<:e 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 THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO TIlE PENALllES OF 18 P'.C.S. !~:J TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE: 6-/10-0,5 ?~
BRA L. SECREST, Plaintiff
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DEBRA L. SECREST,
Plaintiff
IN THE COUPT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2922 CIVIL
JACKSON L. SECREST, JR.,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
f>\.
;2.11 day of
~p~
2005, the economic claims raised in the proceedings having been
resolved in accordance with a separation and property
settlement agreement dated June 20, 2005, the appointment of
the Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final decree
in divorce.
BY THE COURT,
cc: Bradley L. Griffie
Attorney for Plaintiff
P. Richard Wagner
Attorney for Defendant
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this ;;lJ':aYOf JJ,..., Z
, 2005, by and
between DEBRA 1. SECREST, of 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, party of the first part, hereinafter referred to as "Wife,"
AND
JACKSON 1. SECREST, of 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, party of the second part, hereinafter referred to as "Husband,"
WITNESSETH:
WHEREAS, Husband and Wife were married on December 27, 1993, in Cumberland
County, Pennsylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
--P:,e 1 of18~
m.dfr JLS~
WHEREAS, the parties hereto have mutually entered into an agreement for the division
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attomeys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, and intending
to be legally bound and to legally bind their heirs, successors, assigns, and personal
representatives, do hereby covenant, promise and agree as follows:
ARTICLE I
SEPARATION
1.1
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither
party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with
him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be
an admission on the part of either Husband or Wife of the lawfulness of the causes leading to
them living separate and apart.
--Page 2 of18-
DLsc1lsr JL~
ARTICLE 11
DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
the other that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting
any action or actions for divorce, either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such action which has been, may, or shall
be instituted by the other party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant, and representation is made for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and
agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
--Page 3 of18-
DLSJ1'Y JLSP-
final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
2.3
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. It is understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such
decree.
ARTICLE 111
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which conforms
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
earning power to the other party; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each part in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during their marriage; the economic circumstances of
--Page 4 of 18-
DLsc11o/JLS 1,f/L-
each party, including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
3.2
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets and the division is being affected without the introduction of
outside funds or other property not constituting marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties.
3.3
Personal Propertv. The parties acknowledge that they have divided their personal
property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they
have the cash accounts, furniture, appliances, guns, and other personal property, tangible and
intangible, in their possession that they wish to have and retain from this time forward. Neither
party shall make any claim whatsoever against the personal property in the other party's
possession or assets in that other party's possession from the time of execution of this Agreement
forward.
3.4
Life Insurance. Each party agrees that the other party shall have sole ownership and
possession of any life insurance policies owned by the other. Each party shall have the right to
borrow against, cash in policies, change beneficiaries, an exercise any other incidents of
ownership of the respective policies free of any right or claim by the other party. Each party
--Page 5 of 18-
DLS~ JLSj7~~--
,
agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies
to the respective party who presently owns such policies.
3.5
SubseQuentlv Acquired ProTJertv. Husband and Wife agree to waive and relinquish any
and all right that he or she may now have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and Wife specifically agree to waive
and relinquish any right in such property that may arise as a result of the marriage relationship.
3.6
Real Estate.
1700 Walnut Bot/om Road, Carlisle. Cumberland Countv. Pennsvlvania. Wife is the
owner of real estate located at 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, which is held in her name alone. The real estate was owned by Wife in her name
alone prior to the parties' marriage. However, the parties acknowledge that Husband has an
interest in the increased value of the real estate.
In consideration of Husband's interest in the property, as well as giving consideration to
the other assets that the parties will each be retaining, Wife agrees that she will convey to
Husband approximately 25,000 square feet of property through a subdivision. Attached hereto
and incorporated herein by reference as Exhibit "A" is a drawing of the property located at 1700
Walnut Bottom Road, Carlisle. The property will be subdivided with Wife retaining the tract
closest to Walnut Bottom Road and the tract farthest from Walnut Bottom Road. Husband will
receive the tract identified as Lot # 1 on the attachment. The parties acknowledge that the lines
drawn for the boundary lines on the north and south sides of Lot # 1 are not exact, but do depict
--Page 6 of18-
DLS~JLSP-
the approximate lines that will be drawn on the final subdivision plan. However, it is specifically
noted that the northern most property line, that line which is closest to the designation of Lot #2,
shall be ten feet to the north or northwest of any outbuildings attached to the existing single
family dwelling noted on Lot #1. The southernnlost property line for Lot #1 shall be five feet
south or southeast of the southerrunost line depicted as the driveway for the existing single
family dwelling on Lot #1. In addition, the northern and southem property lines drawn for Lot
# 1 shall be parallel with the southerrunost property line on this tract which will exist as the
southern property line for the new tract created through this subdivision being the farthest tract
from Walnut Bottom Road.
The parties acknowledge that initial services have been rendered by Brehm-Lebo
Engineering, Inc. with respect to the attachment and in anticipation of the subdivision. Husband
will use the services of Brehm-Lebo Engineering, Inc. to secure the necessary drawings and
otherwise to secure services in order to have a final subdivision plan approved by South
Middleton Township and the County of Cumberland. Husband ,hall be responsible for all costs
incurred through Brehm-Lebo Engineering, Inc. 's services, from the initial drawing for the
subdivision through the final approval and recording of the subdivision plan. Husband shall
make his initial request of Brehm-Lebo Engineering, Inc. to process this subdivision plan within
fifteen (15) days of executing this Agreement. 1ll addition, Husband shall assist in every manner
possible to assure that the processing ofthe subdivision by Brehm-Lebo Engineering, Inc. is done
ill a timely fashion, time being of the essence, and that he will be diligent in his processing of the
subdivision plan.
DLX~:~---
,
After the subdivision plan has been approved and recorded in the Cumberland County
Recorder of Deeds Office, Husband's counsel shall prepare a Deed conveying Lot #1 on the
attaclm1ent as more fully described on the referenced subdivision plans from Wife to Husband by
Special Warranty Deed, which Wife shall promptly execute.
Husband shall have no additional claims to the lot identified as Lot #2 or the third lot
located farthest from the Walnut Bottom Road as identified on the attachment.
In the event legal assistance is needed to confirm and finalize the subdivision plan,
Husband shall secure counsel of his choosing and shall be responsible for the cost of legal
counsel. Wife shall incur no expenses associated with the preparation and finalization of the
subdivision plan.
Except for Husband's rights to ownership of the lot previously identified as Lot #1, he
shall make no claim of any nature whatsoever relative to any legal or equitable ownership interest
in the remaining portion of the tract located at 1700 Walnut Bottom Road, Carlisle. Upon
execution of this Special Warranty Deed conveying the previously identified Lot #1 from Wife to
Husband, Husband shall have no additional claims of any nature against Wife.
3.7
Pension. Retirement. Profit-Sharinf!. Wife agrees to waive, relinquish or transfer any
and all right, title and interest she has or may have in any retirement accounts of any nature
whatsoever in which Husband has an interest at this time, including, but not limited to, any
401(k) plan, IRA, pension, profit sharing, annuity, or other plan. This specifically includes, but
is not limited to, two Erie Family Life Annuities owned by Husband and identified as account
number 446-905 and 448-639.
--Page 8 of 18-
msdl;/n.s {JV--
,
Husband agrees to waive, relinquish or transfer any and all right, title and interest he has
or may have in any retirement accounts of any nature whatsoever in which Wife has an interest at
this time, including, but not limited to, any 401(k) plan, 1RA, pension, profit sharing, annuity, or
other plan. This specifically includes, but is not limited to, Time Warner Savings Plan 40 1 (k),
now known as her Fidelity Investment Bookspan 40l(k) savings plan.
3.8
Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive
ownership and possession of the 1993 Travel Trailer and the Step Van that is in his possession.
Wife shall execute any and all necessary documents to waive, relinquish and transfer her interest
in the aforesaid vehicles within fifteen (15) days of being requested to do so by Husband or his
representative. Wife shall make no claim whatsoever relative to access to or use of the aforesaid
vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles
from the date of execution of this Agreement forward.
The parties acknowledge that Wife has and shall retain sole and exclusive ownership and
possession of the 1994 Ford Explorer that is in her possession. Husband shall execute any and
all necessary documents to waive, relinquish and transfer his interest in the aforesaid vehicle
within fifteen (15) days of being requested to do so by Wife or her representative. Husband shall
make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no
ownership claim of any nature whatsoever to the aforesaid vehicle from the date of execution of
this Agreement forward.
The parties further acknowledge that Wife does not have possession of any vehicles that
were owned during the parties' cohabitation and Husband has no claims of any nature
--Page 9 of 18- ~
DLS~LS l~-
whatsoever relative to access to, use of, or ownership of any vehicles owned and III the
possession of Wife.
3.9
Intaneible Personal ProTJertv. The parties have already transferred or waived rights and
interest in other intangible personal property, including their various bank accounts, credit union
accounts, and the like. Neither party shall make any claim of any nature whatsoever against the
other party relative to the financial accounts or other investments or intangible personal property
that has already been retained by that party.
3.10
Rockledee Kennels. The parties acknowledge that Husband operates a business knoV\'ll
as Rockledge Kennels where he houses and grooms dogs. Anoth~r aspect of Rockledge Kennels
is Husband's showing of dogs. Wife hereby waives, relinquishes, and transfer any and all right,
title, and interest she has in Rockledge Kennels as a business. Further, in order to permit
Husband to continue to operate his business, the portable chain link fence panels that form the
large kennel yard at the property of 1700 Walnut Bottom Road, Carlisle, Pennsylvania shall be
removed by Husband and placed on the tract previously referenced in paragraph 3.6 as Lot #1
and identified as such on the attachment hereto within thirty (30) days of transferring Lot #1 to
Husband as provided in paragraph 3.6 above. Further, Husband shall remove his personal
property items from the building in which the kennel and dog grooming area is located
immediately behind the home at 1700 Walnut Bottom Road, Carlisle, Pennsylvania. Husband
shall not under any circumstances remove fixtures or dismantle the grooming area in the
DL~-~I: fl1/'
building. However, his personal items shall be removed within sixty (60) days of execution of
this Agreement by the parties.
ARTICLE IV
ALIMONY. ALIMONY PENDENTE LITE.
SPOUSAL SUPPORT AND MAINTEN4NCE
4.1
The parties herein acknowledge that except for the provisions otherwise set forth herein,
they have each secured and maintained substantial and adequate funds with which to provide
themselves sufficient resources to provide for their comfort, maintenance and support in the
station of life to which they are accustom. Husband and Wife do hereby waive, release and give
up any rights they may respectfully have against the other for alimony, alimony pendente lite,
spousal support, and maintenance except as provided for herein.
4.2
Husband and Wife specifically waive, release and give up any rights for alimony, alimony
pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code.
ARTICLE V
DEBTS OF THE PARTIES
5.1
Each party represents to the other that except as is otherwise set forth in this Agreement,
and more particularly as set forth in this Agreement, there are no outstanding obligations of the
parties; that since the separation neither party has contracted or arlY debts for which the other will
be responsible and each party indemnifies and holds harmless the other for all obligations
separately incurred or assumed under this Agreement. In the event that either party maintains the
--Page 11 of18-
DLS~JLS~-
credit card or personal loan account from which the other party's name is on as an obligor, the
other party's name shall be removed as an obligor immediately so that no such obligation exists
for the other party on accounts retained exclusively by each party.
ARTICLE Vl
MISCELLANEOUS PROVlSlONS
6.1
Advice of Counsel. The provisions of this Agreement and tbeir legal effect have been
fully explained to the parties by tbeir respective counsel, being Bradley 1. Griffie, Esquire, for
Wife and P. Richard Wagner, Esquire, for Husband. The parties acknowledge that they have
received independent legal advice from counsel of their own sele,~tion, that they fully understand
the facts and have been fully informed as to their legal righTS and obligation or otherwise
understand those legal rights and obligations. They acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge that execution of this Agreement is
not the result of any duress or undue influence and tbat it is not the result of any collusion or
improper or illegal agreement or agreements.
6.2
Counsel Fees. Each party agrees to be responsible for his or her own legal fees and
expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite,
counsel fees, expenses or costs.
6.3
Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim,
and forever discharge the other and the estate of such other, for all times to come and for all
--P~gj 12 of 18-
DLS~JLS ~-
purposes whatsoever, of and from any and all right, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of such other as by
way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption, or similar allowance, or under the intestate laws, or the right to take
against the spouse's Will; or the right to treat a lifetime conveyance by the other as testanlentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United
States, or (c) any other country, or any rights which either party may have or at any time hereafter
have for past, present, or future support or maintenance, alimony., alimony pendente lite, counsel
fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and
only except, all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any thereof. It is the intention of Husband and
Wife to give to each other by execution of this Agreement a full, complete, and general release
with respect to any and all property of any kind or nature, real or personal, not mixed, which the
other now owns or may hereafter acquire, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any thereof.
DL~:;;;;:L1: l~~
6.4
Warranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible or
liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold
the other party han11less from and against any and all such debts, liabilities or obligations of
every kind, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now
and at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date 0 f this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
6.5
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
6.6
Husband and Wife covenant and agree that they will forthwith execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper implementation of this Agreement, and as their respective
counsel shall mutually agree should be so executed in order to carry fully and effectively the
terms of this Agreement.
--Page 14 oft 8-
DLS~JLS jf./C
6.7
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution of this Agreement.
6.8
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
6.9
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations or warranties
other than those expressly set forth herein.
6.10
Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other respects,
this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligation under anyone or more of the articles and
sections herein shall in no way void or alter the remaining obligations of the parties.
6.11
It is specifically understood and agreed that this Agreement constitutes the equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code
of the Commonwealth of Pennsylvania.
--Page 15 of 18t) /,
DLS ci..1Y' JLS Jir-
6.12
Disclosure. The parties each warrant and represent to the other that he or she has made a
full and complete disclosure to the other of all assets of any nature whatsoever in which party has
an interest, of the sources, and amount of the income of such party of every type whatsoever, and
all other facts relating to the subject matter of this Agreement.
6.13
Enforceabilitv and Consideration. This Agreement shall survive any action for divorce
and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equi~y, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual beneflts to be obtained by both of the
parties hereto and the covenants and agreements of 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. In the event either party breaches
the aforesaid Agreement and it is determined through appropriate legal action that the alleged
party has so breached the Agreement, the breaching party shall be responsible for any and all
attorney's fees as well as costs and expenses associated with litigation incurred by the non-
breaching party to enforce this Agreement against the breaching party. In the event of breach,
the non-breaching party shall have the right, at his or her election, to sue for damages for such
breach or to seek such other and additional remedies as may be available to him or her including
equitable enforcement of this Agreement.
--Page 16 Ofl8/~ /
DLS d..iY JLS ..~
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
if--?C>~' d~~~J
Date ~A 1. SECREST
fe/~{
P. Richard Wagner, Esquire
--Page 17 of 18-
DLS~LSPV
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~ lo.J.-
On this .;l6~dayof ~"-'1 () , 2005, before me, the undersigned
officer, personally appeared DEBRA L. SECREST, lmown to me (or satisfactory proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~
Notary Public
N01ARIAL SEAL I'IlBLlC
ROBIN J. GOSHORN. N01~~D CDUNl'i
CARLISLE BORO'1;.~~~:ls\f:RIL 11 2001
illY CDIoIMISSI "..
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF !5.)/YIhv k1..07
.---:::-
On this L day of ,~UA.U
, 2005, before me, the undersigned
officer, personally appeared JACKSON L. SECREST, known to me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
"W\:,.,m-l Of PENNSYLVA\'l\~
COMMOn ~- SEI'.L
r N01ARlAL N \olY publiC
i O'\WN M. S\4UGHAR1;,:>r~'r\d CO~
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--Page 18 of18-
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DEBRA L. SECREST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LA W
JACKSON L. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 9330 1 (c) of the Divorce Code was filed on May
10,2000, and service was made on May 17, 2002.
2. The marriage of Plaintiff and Defendant is in-etrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
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DEBRA L. SECREST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
Defendant
: NO. 00-2922
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
THE ENTRY OF A DIVORCE DECREE
UNDER &3301(c) OF THE DIVORCE CODE
I. 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] 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 THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO
UNSWORN F ALSIFICA TION TO AUTHORITIES.
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
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THIS AGREEMENT made this ~D day of
J /J'-'C-
, 2005, by and
between DEBRA 1. SECREST, of 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, party of the first part, hereinafter referred to as "Wife,"
AND
JACKSON 1. SECREST, of 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, party of the second part, hereinafter referred to as "Husband,"
WITNESSETH:
WHEREAS, Husband and Wife were married on December 27, 1993, in Cumberland
County, Pennsylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and
have been so for at least the past six months;
WHEREAS, certain differences have arisen between the parties hereto which have made
them desirous of living separate and apart from one another; and
WHEREAS, Husband and Wife desire to settle and determine certain of their marital
rights and obligations, and make an equitable distribution of their marital property, determine
their rights to alimony and support and any other matters which may be considered under the
Divorce Code; and
WHEREAS, it is the intention and purpose of this Agreement to set forth the respective
rights and duties of the parties while they continue to live apart from each other and to settle all
financial and property rights between them; and
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WHEREAS, the parties hereto have mutually entered into an agreement for the division
of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full and ample opportunity to consult
with attorneys of their respective choice, the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be
kept promises set forth hereinafter and for other good and valuable consideration, and intending
to be legally bound and to legally bind their heirs, successors, assigns, and personal
representatives, do hereby covenant, promise and agree as follows:
ARTICLE 1
SEPARATION
J.J
It shall be lawful for Husband and Wife at all times hereafter to live separate and apart
from each other and to reside from time to time at such place or places as they shall respectively
deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither
party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with
him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be
an admission on the part of either Husband or Wife of the lawfulness of the causes leading to
them living separate and apart.
--Page 2 of t8-
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ARTICLE 11
DIVORCE
2.1
This Agreement is not predicated on divorce. It is specifically understood and agreed by
and between the parties hereto that each of the said parties does hereby warrant and represent to
the other that the execution and delivery of this Agreement is not predicated upon nor made
subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-
defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting
any action or actions for divorce, either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such action which has been, may, or shall
be instituted by the other party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each to the other, that this
Agreement is lawful and enforceable and this warranty, covenant, and representation is made for
the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and
Wife each knowingly and understandingly hereby waive any and all possible claims that this
Agreement is, for any reason, illegal, or for any reason whatsoever of public policy,
unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and
agree that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this Agreement.
2.2
It is further specifically understood and agreed that the provision of this Agreement
relating to the equitable distribution of property of the parties are accepted by each party as a
--Page 3 of 18-
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final settlement for all purposes whatsoever. Should either of the parties obtain a decree,
judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the
parties to this Agreement hereby consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and divorce.
2.3
This Agreement shall survive any decree in divorce and shall be forever binding and
conclusive on the parties. It is understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such
decree.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property in a manner which conforms
to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following
considerations: the length of the marriage; the prior marriages of the parties; the age, health,
station, amount and sources of income, vocational skills, employability; estate, liabilities, and
needs for each of the parties; the contribution of one party to the education, training or increased
earning power to the other party; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both parties, including but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each part in the
acquisition, preservation, depreciation, or appreciation of marital property, including the
contribution of a party as a homemaker; the value of the property set apart to each party; the
standard of living of the parties established during their marriage; the economic circumstances of
--Page 4 of t8-
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each party, including federal, state and local tax ramifications, at the time of the division of the
property is to become effective; and whether the parties will be serving as the custodian of any
dependent minor children.
3.2
The division of existing marital property is not intended by the parties to constitute in any
way a sale or exchange of assets and the division is being affected without the introduction of
outside funds or other property not constituting marital property. The division of property under
this Agreement shall be in full satisfaction of all rights of equitable distribution ofthe parties.
3.3
Personal ProfJertv. The parties acknowledge that they have divided their personal
property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they
have the cash accounts, furniture, appliances, guns, and other personal property, tangible and
intangible, in their possession that they wish to have and retain from this time forward. Neither
party shall make any claim whatsoever against the personal property in the other party's
possession or assets in that other party's possession from the time of execution of this Agreement
forward.
3.4
Life Insurance. Each party agrees that the other party shall have sole ownership and
possession of any life insurance policies owned by the other. Each party shall have the right to
borrow against, cash in policies, change beneficiaries, an exercise any other incidents of
ownership of the respective policies free of any right or claim by the other party. Each party
--Page 5 of 18-
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agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies
to the respective party who presently owns such policies.
3.5
Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any
and all right that he or she may now have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and Wife specifically agree to waive
and relinquish any right in such property that may arise as a result of the marriage relationship.
3.6
Real Estate.
1700 Walnut Bottom Road. Carlisle, Cumberland County. Pennsvlvania. Wife is the
owner of real estate located at 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, which is held in her name alone. The real estate was owned by Wife in her name
alone prior to the parties' marriage. However, the parties acknowledge that Husband has an
interest in the increased value of the real estate.
In consideration of Husband's interest in the property, as well as giving consideration to
the other assets that the parties will each be retaining, Wife agrees that she will convey to
Husband approximately 25,000 square feet of property through a subdivision. Attached hereto
and incorporated herein by reference as Exhibit "A" is a drawing of the property located at 1700
Walnut Bottom Road, Carlisle. The property will be subdivided with Wife retaining the tract
closest to Walnut Bottom Road and the tract farthest from Walnut Bottom Road. Husband will
receive the tract identified as Lot # I on the attachment. The parties acknowledge that the lines
drawn for the boundary lines on the north and south sides of Lot # 1 are not exact, but do depict
--Page 6 of18-
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the approximate lines that will be drawn on the final subdivision plan. However, it is specifically
noted that the northern most property line, that line which is closest to the designation of Lot #2,
shall be ten feet to the north or northwest of any outbuildings attached to the existing single
family dwelling noted on Lot #1. The southernmost property line for Lot #1 shall be five feet
south or southeast of the southernmost line depicted as the driveway for the existing single
family dwelling on Lot #1. In addition, the northern and southern property lines drawn for Lot
# 1 shall be parallel with the southernmost property line on this tract which will exist as the
southern property line for the new tract created through this subdivision being the farthest tract
from Walnut Bottom Road.
The parties acknowledge that initial servIces have been rendered by Brehm-Lebo
Engineering, Inc. with respect to the attachment and in anticipation of the subdivision. Husband
will use the services of Brehm-Lebo Engineering, Inc. to secure the necessary drawings and
otherwise to secure services in order to have a final subdivision plan approved by South
Middleton Township and the County of Cumberland. Husband shall be responsible for all costs
incurred through Brehm-Lebo Engineering, Inc.'s services, from the initial drawing for the
subdivision through the final approval and recording of the subdivision plan. Husband shall
make his initial request of Brehm-Lebo Engineering, Inc. to process this subdivision plan within
fifteen (15) days of executing this Agreement. In addition, Husband shall assist in every manner
possible to assure that the processing of the subdivision by Brehm-Lebo Engineering, Inc. is done
in a timely fashion, time being of the essence, and that he will be diligent in his processing of the
subdivision plan.
--Page 7 of18-
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After the subdivision plan has been approved and recorded in the Cumberland County
Recorder of Deeds Office, Husband's counsel shall prepare a Deed conveying Lot # I on the
attachment as more fully described on the referenced subdivision plans from Wife to Husband by
Special Warranty Deed, which Wife shall promptly execute.
Husband shall have no additional claims to the lot identified as Lot #2 or the third lot
located farthest from the Walnut Bottom Road as identified on the attachment.
In the event legal assistance is needed to confirm and finalize the subdivision plan,
Husband shall secure counsel of his choosing and shall be responsible for the cost of legal
counsel. Wife shall incur no expenses associated with the preparation and finalization of the
subdivision plan.
Except for Husband's rights to ownership of the lot previously identified as Lot #1, he
shall make no claim of any nature whatsoever relative to any legal or equitable ownership interest
in the remaining portion of the tract located at 1700 Walnut Bottom Road, Carlisle. Upon
execution ofthis Special Warranty Deed conveying the previously identified Lot #1 from Wife to
Husband, Husband shall have no additional claims of any nature against Wife.
3.7
Pension. Retirement, Profit-Sharinf!. Wife agrees to waive, relinquish or transfer any
and all right, title and interest she has or may have in any retirement accounts of any nature
whatsoever in which Husband has an interest at this time, including, but not limited to, any
40 I (k) plan, IRA, pension, profit sharing, annuity, or other plan. This specifically includes, but
is not limited to, two Erie Family Life Annuities owned by Husband and identified as account
number 446-905 and 448-639.
--Page 8 of 18-
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Husband agrees to waive, relinquish or transfer any and all right, title and interest he has
or may have in any retirement accounts of any nature whatsoever in which Wife has an interest at
this time, including, but not limited to, any 401(k) plan, IRA, pension, profit sharing, annuity, or
other plan. This specifically includes, but is not limited to, Time Warner Savings Plan 40l(k),
now known as her Fidelity Investment Bookspan 401(k) savings plan.
3.8
Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive
ownership and possession of the 1993 Travel Trailer and the Step Van that is in his possession.
Wife shall execute any and all necessary documents to waive, relinquish and transfer her interest
in the aforesaid vehicles within fifteen (15) days of being requested to do so by Husband or his
representative. Wife shall make no claim whatsoever relative to access to or use of the aforesaid
vehicles and shall make no ownership claims of any nature whatsoever to the aforesaid vehicles
from the date of execution of this Agreement forward.
The parties acknowledge that Wife has and shall retain sole and exclusive ownership and
possession of the 1994 Ford Explorer that is in her possession. Husband shall execute any and
all necessary documents to waive, relinquish and transfer his interest in the aforesaid vehicle
within fifteen (15) days of being requested to do so by Wife or her representative. Husband shall
make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no
ownership claim of any nature whatsoever to the aforesaid vehicle from the date of execution of
this Agreement forward.
The parties further acknowledge that Wife does not have possession of any vehicles that
were owned during the parties' cohabitation and Husband has no claims of any nature
--Page 9 of 18-
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whatsoever relative to access to, use of, or ownership of any vehicles owned and III the
possession of Wife.
3.9
Intaneible Personal Prooertv. The parties have already transferred or waived rights and
interest in other intangible personal property, including their various bank accounts, credit union
accounts, and the like. Neither party shall make any claim of any nature whatsoever against the
other party relative to the financial accounts or other investments or intangible personal property
that has already been retained by that party.
3.10
Rockledee Kennels. The parties acknowledge that Husband operates a business known
as Rockledge Kennels where he houses and grooms dogs. Another aspect of Rockledge Kennels
is Husband's showing of dogs. Wife hereby waives, relinquishes, and transfer any and all right,
title, and interest she has in Rockledge Kennels as a business. Further, in order to permit
Husband to continue to operate his business, the portable chain link fence panels that form the
large kennel yard at the property of 1700 Walnut Bottom Road, Carlisle, Pennsylvania shall be
removed by Husband and placed on the tract previously referenced in paragraph 3.6 as Lot #1
and identified as such on the attachment hereto within thirty (30) days of transferring Lot #1 to
Husband as provided in paragraph 3.6 above. Further, Husband shall remove his personal
property items from the building in which the kennel and dog grooming area is located
immediately behind the home at 1700 Walnut Bottom Road, Carlisle, Pennsylvania. Husband
shall not under any circumstances remove fixtures or dismantle the grooming area in the
--Page 10 of 18-
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building. However, his personal items shall be removed within sixty (60) days of execution of
this Agreement by the parties.
ARTICLE IV
ALIMONY. ALIMONY PENDENTE LITE.
SPOUSAL SUPPORT AND MAINTENANCE
4.1
The parties herein acknowledge that except for the provisions otherwise set forth herein,
they have each secured and maintained substantial and adequate funds with which to provide
themselves sufficient resources to provide for their comfort, maintenance and support in the
station of life to which they are accustom. Husband and Wife do hereby waive, release and give
up any rights they may respectfully have against the other for alimony, alimony pendente lite,
spousal support, and maintenance except as provided for herein.
4.2
Husband and Wife specifically waive, release and give up any rights for alimony, alimony
pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations Code.
ARTICLE V
DEBTS OF THE PARTIES
5.1
Each party represents to the other that except as is otherwise set forth in this Agreement,
and more particularly as set forth in this Agreement, there are no outstanding obligations of the
parties; that since the separation neither party has contracted or any debts for which the other will
be responsible and each party indemnifies and holds harmless the other for all obligations
separately incurred or assumed under this Agreement. In the event that either party maintains the
--Page 11 ofl8-
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credit card or personal loan account from which the other party's name is on as an obligor, the
other party's name shall be removed as an obligor immediately so that no such obligation exists
for the other party on accounts retained exclusively by each party.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1
Advice of Counsel. The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, being Bradley 1. Griffie, Esquire, for
Wife and P. Richard Wagner, Esquire, for Husband. The parties acknowledge that they have
received independent legal advice from counsel of their own selection, that they fully understand
the facts and have been fully informed as to their legal rights and obligation or otherwise
understand those legal rights and obligations. They acknowledge and accept that this Agreement
is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily,
after having received such advice and with such knowledge that execution of this Agreement is
not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements.
6.2
Counsel Fees. Each party agrees to be responsible for his or her own legal fees and
expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite,
counsel fees, expenses or costs.
6.3
Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim,
and forever discharge the other and the estate of such other, for all times to come and for all
DL~V:Lls8r
purposes whatsoever, of and from any and all right, title and interest, or claims in or against the
property (including income and gain from property hereafter accruing) of the other or against the
estate of such other, of whatever nature and wheresoever situate, which he or she now has or at
any time hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of such other as by
way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption, or similar allowance, or under the intestate laws, or the right to take
against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary,
or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United
States, or (c) any other country, or any rights which either party may have or at any time hereafter
have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel
fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and
only except, all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any thereof. It is the intention of Husband and
Wife to give to each other by execution of this Agreement a full, complete, and general release
with respect to any and all property of any kind or nature, real or personal, not mixed, which the
other now owns or may hereafter acquire, except and only except, all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any thereof.
--Page 13 of 18-
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6.4
Warranties. Each party represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of the other party may be responsible or
liable, except as may be provided for in this Agreement. Each party agrees to indemnifY or hold
the other party harmless from and against any and all such debts, liabilities or obligations of
every kind, including those for necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now
and at all times hereafter, save harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of this Agreement, except as is
otherwise specifically provided for by the terms of this Agreement and that neither of them
hereafter incur any liability whatsoever for which the estate of the other may be liable.
6.5
No waiver or modification of any of the terms of this Agreement shall be valid unless in
writing and signed by both parties and no waiver of any breach hereof or default hereunder shall
be deemed a waiver of any subsequent default of the same or similar nature.
6.6
Husband and Wife covenant and agree that they will forthwith execute any and all written
instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be
necessary or desirable for the proper implementation of this Agreement, and as their respective
counsel shall mutually agree should be so executed in order to carry fully and effectively the
terms of this Agreement.
--Page 14 of 18-
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6.7
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania which are in effect as of the date of the execution ofthis Agreement.
6.8
This Agreement shall be binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and assigns.
6.9
This Agreement constitutes the entire understanding of the parties and supersedes any and
all prior agreements and negotiations between them. There are no representations or warranties
other than those expressly set forth herein.
6.10
Severabilitv. If any term, condition, clause, section, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other respects,
this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the
failure of any party to meet his or her obligation under anyone or more of the articles and
sections herein shall in no way void or alter the remaining obligations of the parties.
6.11
It is specifically understood and agreed that this Agreement constitutes the equitable
distribution of property, both real and personal, which was legally and beneficially acquired by
Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code
of the Commonwealth of Pennsylvania.
--Page 15 of 18-
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6.12
Disclosure. The parties each warrant and represent to the other that he or she has made a
full and complete disclosure to the other of all assets of any nature whatsoever in which party has
an interest, of the sources, and amount of the income of such party of every type whatsoever, and
all other facts relating to the subject matter ofthis Agreement.
6.13
Enforceabilitv and Consideration. This Agreement shall survive any action for divorce
and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of the
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual benefits to be obtained by both of the
parties hereto and the covenants and agreements of 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. In the event either party breaches
the aforesaid Agreement and it is determined through appropriate legal action that the alleged
party has so breached the Agreement, the breaching party shall be responsible for any and all
attorney's fees as well as costs and expenses associated with litigation incurred by the non-
breaching party to enforce this Agreement against the breaching party. In the event of breach,
the non-breaching party shall have the right, at his or her election, to sue for damages for such
breach or to seek such other and additional remedies as may be available to him or her including
equitable enforcement of this Agreement.
--Page 16 of18-
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
WITNESSED BY:
~
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Date DE
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ate J
P. Richard Wagner, Esquire
--Page 17 of 18-
DLS~J~
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 01 m.1aA.Ai~
On this JO!!-day of ~/1/.1 , 2005, before me, the undersigned
officer, personally appeared DEBRA L. SECREST, known to me (or satisfactory proven) to be
the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(4~ 4~~J
Notary Public ()
NOTARIAL SEAL
ROBIN J. GOSHORN. NOTARY PUBLIC
CARlIStf BOIlO., CUMBERLAND COUNTY
MY COMMISSION EXPIRESAPRILl7 2007
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF wrrJy;,h 4
On this L day :;~U.0.L
, 2005, before me, the undersigned
officer, personally appeared JACKSON L. SECREST, known to me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF'; hereunto set my hand and official seal.
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DEBRA 1. SECREST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JACKSON 1. SECREST, JR.,
Defendant
NO. 00 - .:29~.l.. CIVIL TERM
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
will proceed without you and a decree of divorce or annulment may be entered against you for
any 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 Cumberland County Courthouse, Carlisle, Cumberland County,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
DEBRA L. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
Defendant
: NO. W - 29,2 .2- CIVIL TERM
: IN DIVORCE
COMPLAINT IN DIVORCE
NO FAULT
1. Plaintiff is Debra L. Secrest, an adult individual currently residing at 1700 Walnut
Bottom Road, Carlisle, Cumberland County, Pennsylvania, since 1988.
2. Defendant is Jackson L. Secrest, JI., an adult individual currently residing at 1700
Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has
been so for at least six months immediately previous to the filing ofthis Complaint.
4. Plaintiff and Defendant were married on December 27, 1995, in Cumberland
County, Pennsylvania.
5. There have been no other prior actions for divorce or annulment between the
parties.
6. Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to request
that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not
desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety
(90) days from the date ofthe filing ofthis Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23
P.S. Section 3301 (c) ofthe Domestic Relations Code.
Respectfully submitted,
. Griffie, Esquire
y for Plaintiff
FIE & ASSOCIATES
200 North Hanover Street
Carlisle,PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document 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 falsifications to authorities.
DATE:
5/"/00
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b BRA L. SECREST, Plaintiff
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DEBRA L. SECREST,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
JACKSON L. SECREST, JR.,
Defendant
: NO. 00-2922 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this ~day of May, 2000, comes Bradley L. Griffie, Esquire, Attorney
for Plaintiff, and states that he mailed a certified and true copy of a Complaint in Divorce to the
Defendant, Jackson L. Secrest, at 1700 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said
receipt is attached hereto indicating service was made on May 17, 2000.
Ie sqUire
r Plaintiff
F E & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed
to before me this~
day of May, 2000.
/~~ 4f/Li iM/
NOTARY P LIC
Notarial Seal ,
Robin J. Goshorn. Nolary pub~C
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_The Retum Receipt wiU show to whom the article was delivered and the date
delivered.
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DEBRA 1. SECREST,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JACKSON 1. SECREST, JR.,
Defendant
NO. 00-2922
: IN DIVORCE
CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the court for entry of a
divorce decree:
J. Ground for divorce:
Irretrievable breakdown under ~3301(c)
33G1(a)(l) efthe Di'.'oree Ceae.
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: certified mail/restricted delivery on May
17,2000.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by ~3301 (c) ofthe Divorce
Code: by Plaintiff: June 20, 2005 by Defendant: July 5, 2005
(b) (I) Date of execution of the affidavit required by ~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 of plaintiff's Waiver of Notice In ~3301 (c) Divorce was filed with the
Prothonotary: June 22, 2005
Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the
Prothonotary: July 15,2005
. .
.
...
.
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.
.
.
.
.
.
IN THE COURT OF COMMON PLEAS
.
OF CUMBERLAND COUNTY
.
STATE OF
PEN NA.
.
.
.
.
DEBRA L. SECREST,
.
Plaintiff
No.
00-2922
VERSUS
.
JACKSON L. SECREST, JR.,
Defendant
.
DECREE IN
DIVORCE
.
.
.
.
.
.
.
I1v,,,..,,.
f
IT IS ORDERED AND
"f~
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.
AND NOW,
.
DECREED THAT
Debra L. Secrest
, PLAI NTI FF,
.
Jackson L. Secrest, Jr.
, DEFENDANT,
.
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
The parties' Separation and property Settlement Agreement dated
.
.
.
2005,
is incorporated herein, but not merged.
June 20,
By THE COURT/1J
ATTES '/1 .
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PROTHONOTARY
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