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HomeMy WebLinkAbout07-5388IN THE COURT OF COMMON PLEAS CUMBERLAND CO~TNTY, COMMONWEALTH OF PENNSYLVANIA ~~ KENNETH P. SECREST, ~, PLAINTIFF, Civil Action---Divorc Docket No. _ ~; v; (`r~-M vs. _ CINDY J. SECREST, DEFENDANT, -- j NOTICE TO DEFEND AND' CLAIM OF RIGHTS' YOU HAVE BEEN SUED IN COURT. If you wish to defend against the Maims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annul ent may be entered against you by the Court. A judgment may also be entered against y u for any other claim or relief requested in these papers by the Plaintiff. You may lose ~~,money or ro or other ri is im octant to ou includin custod or visitation of dur children. P l~rtY ~ P Y~ g Y Y IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PRI~PERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULJlMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEIM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IIF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OIL TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WI~ERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-316b IN THE COURT OF COMMON PLEAS CUMBERLAND CO~JNTY, COMMONWEALTH OF PENNSYLVANIA ~'~ KENNETH P. SECREST, PLAINTIFF, Civil Dock VS. CINDY J. SECREST, , DEFENDANT, AVISO PARR DEFENDER Y RECLAMAR DERECHO~ USTED HA SIDO DEMANDADO EN LA CORRE. Si desea defenders de las quejas expuestas en las paginas siguientes, debe tomaze accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anu~aminento puede ser emitido en su contra por la Corte. Una decision puede tambien se~ emitida en su contra por cualquier otra queja o compensacion reclamados por el deman~lante. Usted puede perder dinero, o propiedades u otros derechos importantes pars usted. ~'I Cuando la base pare el divorcio es indignidades o rompimiento irreparable d~l matrimoni, usted puede solicitaz consejo matrimonial. Una lists. de consejel s matrimoniales esta disponible en la officina del Prothonotary, en la Cumberl d County Baz Association, 2 Liberty Avenue, Cazlisle, Pennsylvania 17101. SI LISTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD I TAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE L DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA E O. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PLIED OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 ~~ AVAILABILITY OF COUNSELIN , THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT OU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)-------__-I~rretrievable Breakdown; Mutual Consent II 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two yeaz separation where the court determines that there is a reasonable pr~spect of reconciliation. ~I A list of marriage counselors is available in the Office of the Prothonotary '' Cumberland County Courthouse, l Courthouse Square, Carlisle, Pennsylvania 17013. GREGURY S. HA7.i.Ti.~"j', E IJ'AU] ATTORNEY ~t COUNSELOR AT W Atto ey for Plaintiff 7 est Main Street Mechanicsburg, Pennsylvania 7055 (717) 790-5500 NNSYLVANIA ~ KENNETH P. SECREST I, PLAINTIFF, Civil Action---Divorc . Docket No. VS. CINDY J. SECREST, DEFENDANT, COMPLAINT UNDER SECTION 1. Plaintiff is Kenneth P. Secrest, an adult individual, sui juris an who c ntly resides 1050 Highfield Court, Mechanicsburg, 17055 in the County of ,Cumberland, Commonwealth of Pennsylvania. 'I 2. Defendant, is Cindy J. Secrest, an adult individual, sui juris, who curre tly resides at 101 State Road, Mechancisburg, 17050 in the County of Cumberland, Co onwealth of Pennsylvania. ~~, JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania more than 6 months. 4. The parties were married on the 21St day of February 1981, in the Coy York, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service States or its allies within the provisions. of the Soldiers' and Sailors' Civil R. the Congress of 1940 and its amendments. IN THE COURT OF COMMON PLEAS CUMBERLAND CO Y, COMMONWEALTH OF PE a period of of the United .f Act of .. 6. There have been no prior actions for divorce instituted by the plaintiff r defendant in this Commonwealth. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties ha~Ve been living separate since April 16`f', 2007. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plai~tiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do have one biological child born within the marriage. 12. The parties have not heretofore entered into any written agreement as alimony, or property division. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a i (90) days have elapsed from the date of the filing and service of this t respectfully requests the Court to enter a decree of divorce pursuant to support, OF THE after ninety plaintiff 3301(c) of the Divorce Code. Y ~ . ~ ~ . GREGORY 5.1~]fAZLETT, ~SQUI ATTORNEY & COUNSELOR T LAW At~drney for Plaintiff West Main Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION i I verify that upon personal kn©wledge or information and belief that the Statement; made in-this Complaint-,are .true and correct. I understand that false statem is herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn alsificati~ to authorities. ~ _ Kenneth P. Secrest, Date: ~- S--O 7 `, c~- Ca F ~ ~ ~' I. ,,. d a 00 '(~, b 7~ KENNETH P. SECREST IN THE COURT OF COMMON PLEAS Plaintiff, :CUMBERLAND COUNTY PENNSYLVANIA v. N0.07-5388 CINDY J. SECREST :CIVIL ACTION-LAW Defendant, IN DIVORCE PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully Date: Grego :'1-Iazll~uire 7 st Main Street echanicsburg, PA 17055 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Kenneth P. Secrest in the above captioned matter. Date: ~~~~~~ 7 . Gr' ie, Esquire t ey f Plaintiff 0 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 IN THE COURT OF COMMON PLEAS CUMBERLAND COh7NTY, COMMONWEALTH OF PENNSYLVANIA KENNETH P. SECREST, PLAINTIFF, V. CINDY J. SECREST, DEFENDANT, Civil Action---Divorce Docket No. 07-5388 AFFTT)AVTT nF SF.RVTC'F, I, ~ ~ ,certify that on the ~, day of ~~, 2007 that I hand delivered a copy to CINDY J. SECREST, defendant in the above captioned matter who I personally know to be CINDY J. SECREST, a Certified Copy of the Divorc~ Complaint by personally handing a copy to the defendant at the following ; address ~ 0/ ,~ ~i ~ ,/~$~ M'gUi~`'A~/LGS $.~~rr?.6, P/~ ~ ~ ~d ~d i 8' 0 7 Date Signature ~~ n ~ p 21S Gtr o d ~~..,.c~ /Q,s e, / ~/Q r.. [~vr+~i.~~a~'~ l.L / ~ a 7a Mailing Address ; L S ~6 W~ C ! ~.~~ tOOI • KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW CINDY J. SECREST, N0.07-5388 CIVIL TERM Defendant IN DIVORCE NOTICE TO PLEAD You are hereby notified to file a written response to the within Counterclaim within twenty days (20) days from service hereof or a judgment may be entered against you. :sue KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CINDY J. SECREST, Docket No. 07-5388 Civil Term Defendant . IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, comes Petitioner, Kenneth P. Secrest, by and through his counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner filed a Complaint in Divorce pursuant to Section 3301(c) of the Divorce Code of 1980, as amended, on September 10, 2007. 2. No Answer or Counterclaim of any nature has been filed. 3. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 4. Plaintiff and Defendant are joint owners of real estate located at 101 State Road, Mechanicsburg, Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 5. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree .,r ~. - , equitably dividing the parties' .property and equitable apportioning the debts incurred by the parties. Respectfully submitted, riffie, Esquire rney for Appellant 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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 falsification to authorities. DATE: `~ ~~ ~ _ ~ NNE'I'H P. SECREST ~ tw +v ~„~°~ ~ ;~~' ~ «~ ~ ~ ~~ (~ ~ f'~ O, r= i' ` t'J~ 1 . Q_~~ - ~. ~ ~y ~ Vr ... ~ ~ ..~ 7 ~ ~~ F O V V ~ =,;:q w vv ~` ..i --•• w 'Z ~ F .._. -~ ~ ~. KENNETH P. SECREST, Plaintiff Vs. . CINDY J. SECREST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07-5388 Civil Term IN DIVORCE ACCEPTANCE OF SERVICE I certify that I did this ~~ day of April, 2008, receive a certified and true copy of a Petition for Economic Relief filed by Plaintiff in the above captioned action. DATE: ~ `{ ac a ine M. Verney, Esquire Atto ey for Defendant/Respondent ~""> r..a ~~.., -i t'i i ~{~ _ t-.. -r- ;^- CJ ~ _ ^ ~~ ~ t y } t ` KF,NNETH P. fiECREST, Plaintiff /Petitioner V. CINDY J. SECIREST, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-5388 IN DIVORCE ANSWER TO PETITION FOR ECONOMIC RELIEF :aND NOW, comes Respondent, Cindy J. Secrest, by and through her attorney, ,Iac~~ueline M. Verney, Esquire and files this Answer to the Petition for Economic Relief filed by Petitioner: 1. Admitted. ?. Admitted. By way of further answer, no answer or counterclaim is required to be tiled. 3. Admitted. By way of further answer, Respondent also has an interest in various items of personal property used as business investments, including a trailer located un Breezewood, Pennsylvania ~. Admitted. By way of further answer, in addition to the marital home located at 101 State Road, Mechanicsburg, Pennsylvania, Respondent has a marital interest in the follo~~ing, real estate: 109 W. Main Street, Mechanicsburg, Pennsylvania, 422 West Simpson Street, Mechanicsburg, Pennsylvania, and a trailer park and camp ground located in Breezewood, Pennsylvania. ~. Admitted. ~'HEREFO~RE, Respondent requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully submitted, J cqu ine M. Verney, Esquire, ID 3167 44 S. Hanover Street Carlisle, PA 17013 717 243-9190 Attorney for Defendant/Respondent ATTORNEY VERIFICATION verify that the facts included in the within document are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. /~, Dated: ~-~ -~ ~ '~~ ~ z U~ ac line M. Verney, Esquire CERTIFICATE OF SERVICE :[, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the Answer ~~~as served upon the following by placing the same in the United Stags Mail, postage prepaid on the date indicated. Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Date ~= Z ~~ ,~ ~ ~ ~cq line M. Verney, Esquire #2167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Counsel for Defendant/Respondent KENNETH P. SECREST, Plaintiff Vs. . CINDY J. SECREST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07-5388 Civil Term IN DIVORCE MOTION FOR APPOINTMENT OF MASTER KENNETH P. SECREST, (Plaintiff) (D~t), moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property O Annulment OSupport () Alimony ()Counsel Fees () Alimony Pendente Lite ()Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (13as--net) appeared in the action (pe~se~all}) (by her attorney, Jacqueline M. Verney, Esquire). (3) The Statutory ground(s) for divorce (is) (are) ~3301(~ and §3301(dl. (3) Delete the inapplicable paragraph(s): b. c. The action is contested with respect to the following claims: Equitable Distribution. (4) The action (i~el~es) (does not involve) complex issues of law or fact. (5) The hearing is expected to take two (lie~'~s) (days). (7) Additional information, if anyy, relevant to the motion: Date: ~~~1 ~7 intiff) (D~t) ORDER APPOINTING MASTER AND NOW, , 2009, master with respect to the following claims: By the Court: Esquire is appointed J. CAF :~-1~ fi `' ~ fi `~~i`~.~Y 2~~9 .~' ~~ 29 ~r J. .. ~!,lJG u 2~OL; KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. CINDY J. SECREST, Docket No. 07-5388 Civil Term Defendant . IN DIVORCE MOTION FOR APPOINTMENT OF MASTER KENNETH P. SECREST, (Plaintiff) (Defer), moves the court to appoint a master with respect to the following claims: (X) Divorce () Annulment () Alimony O Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ()Support ()Counsel Fees ()Costs and Expenses (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (#as--net) appeared in the action (pe~FSe~aI}y) (by her attorney, Jacqueline M. Verney, Esquire). (3) The Statutory ground(s) for divorce (is) (are) §3301(c,) and &3301,~d1. (3) Delete the inapplicable paragraph(s): a. ~r~,o ,,.:,.., : ,., ,. ..+e.,~ea b. (4) (5) (7) c. The action is contested with respect to the following claims: Equitable Distribution. The action (homes) (does not involve) complex issues of law or fact. The hearing is expected to take two (ls) (days). Additional information, if Date: ~~) Q~ ant to the motion: (p~~) ORDER APPOINTING MASTER AND NOW, /~( , 2009, ~' ~,t~r~ ~ ~~~w Esquire is appointed master with respect to th oolowing claims:,_ ~ ,~~ ,ti ~P ~ ~-, _ By the 1 Y~ ~~~~ 'Ct~ P~i~~~0?i~iY 2~9 AUG 18 PM 4 ~ 2.1 2~J~`~ ,~~. 29 P '~: ~,~ ~ ,-,r V~111R~~ii1.1"1''•d~ ~+~~11i~1 ~ `~~'~C,c ~~~ `jf {,~dlr' ~~'ki'` ~~ ~ . S'~> s~ ~~ L_ , KENNETH P. SECREST, : IN THE COURT OF COMMON PLEAS OF Plaintiff /Respondent :CUMBERLAND COUNTY, PENNSYLVANIA V. : N0.07-5388 CINDY J. SECREST, : IN DIVORCE Defendant/Petitioner NOTICE TO PLEAD You are hereby notified to file a written response to the within Petition for Economic Relief within twenty days (20) from the service hereof or a judgment may be entered against you. KENNETH P. SECREST, Plaintiff /Respondent V. CINDY J. SECREST, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.07-5388 IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, comes Petitioner, Cindy J. Secrest, by and through her attorney, Jacqueline M. Verney, Esquire and files this Petition for Economic Relief. 1. Plaintiff/Respondent filed a Complaint in Divorce pursuant to Section 3301(c) of the Divorce Code of 1980, as amended, on September 10, 2007. 2. Plaintiff/Respondent filed a Petition for Economic Relief on April 8, 2008 seeking Equitable Distribution. 3. Defendant/ Petitioner filed an Answer to the Petition for Economic Relief on April 23, 2008. 4. Defendant/Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 5. Defendant/Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 6. Defendant/Petitioner requests the Court to enter an award of reasonable spousal support/alimony/alimony pendent lite. V WHEREFORE Defendant/Petitioner requests that an Order be entered granting Defendant/Petitioner reasonable Support/Alimony/Alimony pendente lite. Respectfully submitted, ~~ ~ ~ ac eline M. Verney, Es uire, ID 3167 q 44 S. Hanover Street Carlisle, PA 17013 717 243-9190 Attorney for Defendant/Petitioner ATTORNEY VERIFICATION I verify that the facts included in the within Pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: ~ "~ ] -C j ac eline M. Verney, Esquire CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the within Pleading was served upon the following by placing the same in US Mail, postage prepaid, on the date indicated. Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Date ~ "a ~ ' ~ ~ Jac eline M. Verney, Esquire #23 7 44 South Hanover Street Carlisle, PA 17013 (717)243-9190 Attorney for Defendant/Petitioner i~ ~-~.)~f ~~ 209 r~.f 21 ~t~ `~~ ~ u G~« ~Y S ~r '~a~S ~,. _`. .. ~~ ~ ~~a KENNETH P. SECREST, Plaintiff Vs. CINDY J. SECREST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07-5388 Civil Term IN DIVORCE ANSWER TO PETITION FOR ECONOMIC RELIEF 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that Defendant/Petitioner lacks sufficient property to provide for her reasonable means. It is further denied that Defendant/Petitioner is unable to support herself through appropriate employment. It is averred, rather, that there are substantial assets involved in these proceedings which will result in the receipt of substantial liquid assets by Defendant/Petitioner. It is further averred that the Defendant/Petitioner has intentionally limited her earnings and income, even though employment with greater pay and benefits has been made available to her at various times throughout the parties' marriage. 5. Denied. It is denied that Defendant/Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. It is averred, rather, that Defendant/Petitioner will have substantial liquid assets based upon equitable distribution and, further, that the Defendant/Petitioner has intentionally limited her income and earnings by limiting her areas of employment. 6. Admitted in part and denied in part. It is admitted that the Defendant/Petitioner requests the Court to enter an award of spousal support, alimony or alimony pendente lite. It is denied that the Defendant/Petitioner is entitled to receipt of said amounts and, more particularly, it is denied that Defendant/Petitioner is entitled to alimony in this proceeding. WHEREFORE, Plaintiff/Respondent requests your Honorable Court to dismiss Defendant/Petitioner's request. Respectfully submitted, 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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 falsification to authorities. DATE: ~ Z S-- D ~ ,.~ KENNETH P. SECREST KENNETH P. SECREST, Plaintiff V s. CINDY J. SECREST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07-5388 Civil Term IN DIVORCE CERTIFICATE OF SERVICE ~ ,~ T' ~ O c.'~,~ ~(' I, Bradley L. Griffie, Esquire hereby certify that I did, the ,~ day of Se~e~rber, 2009, cause a copy of the within Answer to Petition for Economic Relief to be served upon the Defendant/Petitioner, by serving her attorney of record by first class mail, postage prepaid, at the following address: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 ~a~ ~ (~ 1 DATE: r' ie, Esquire for' laintiff/Respondent ~~~ ~ ~~ ZOQ4 OCT - i ~'!~ 2~ 07 CUtvl~~::~t.~~I~~~ ~•:~3N RY P~iVN~YL~A KENNETH P. SECREST, Plaintiff vs. CINDY J. SECREST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5388 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this /o7i `'~ day of , 2010, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on June 1, 2010, the date set for a conference, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: /Bradley L. Griffie Attorney for Plaintiff Jacqueline M. Verney Attorney for Defendant Lopes w~a~ fed 7 ~ !a~/~ ~~ `7 Ke A. Hess, P.J. ~~~~~~~~ -~-i~~~n~ ~ ~ ~Z 1~~~! Z I ?~i' 0101 [ ~ ++ ~f ~ ~.L /1tJ''11~ i~~ i 'iC% :r ~ KENNETH P. SECREST, IN THE COURT OF COMMON PL~AS N @;E' Plaintiff CUMBERLAND COUNT'', PENNS~~''XIAI~A -~ ~ vs. NO. 07 - 5388 CIVIL N ~~- • T CINDY J. SECREST, ti_'.; _~ '~° Defendant ~_ _ IN DIVORCE '' ` -" n> ~ ~~`~ ~' • . --~ ~ cn THE MASTER: Today is Tuesday,, June 1, 2010. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Kenneth P. Secrest, and his counsel Bradley L. Griffie, and the Defendant, Cindy J. Secrest,, and her counsel Jacqueline M. Verney. This action was commenced by 'the filing of a complaint in divorce on September 10, 2007, :raising grounds for divorce of irretrievable breakdown of the marriage. The divorce complaint did not raise any claims for economic relief. With respect to grounds for divorce, counsel have advised the Master that within a week of today's date they will have their clients sign and will file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The husband filed a claim for economic relief on April 8. 2008, raising the economic issue of equitable distribution. The wife filed a petition for economic 1 relief on September 21, 2009, raising a claim for alimony, alimony pendente lite, and support. Neither party has filed a claim for counsel fees and costs. The Master has been advised that after negotiations today, the parties reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Subsequently, when the parties leave the hearing room today they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement as stated on the record. With respect to having the agreement reviewed, the Master will have the agreement transcribed and sent to counsel so that any typographical corrections can be made. The parties will then be asked to affix their signatures to the agreement affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praeccipe transmitting the record to the Court requesting a final 2 decree in divorce. The parties were married on February 21, 1981, and separated on April 16, 2007. The parties have one child of this marriage, who is emancipated. Mr. Griffie. MR. GRIFFIE: In full and final satisfaction of all the claims raised by the parties, they agree that they have settled the matter as follows: 1. The property located at 422 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, which is presently deeded in husband's name and the name of the parties' daughter, Jessica E. Secrest, shall be transferred to the daughter's name alone. Husband's counsel will prepare a deed for husband and wife's signature conveying any interest they have to the daughter so that the daughter shall own the property in her name alone in :Eee simple. It is noted that the property is unencumbered. 2. Wife shall retain sole and exclusive ownership and possession of the property located at 101 State Road, Mechanicsburg, Cumberland County, Pennsylvania, which is encumbered with home equity loans due and owing to PNC Bank. Husband will execute a deed conveying his interest in the property which will be held in escrow by husband's counsel until such time as wife refinances the mortgages on the property so as to remove husband as an obligor on those mortgages. Wife shall refinance the mortgages within sixty (60) days of today's date. In the event th<~t wife is unable to refinance the mortgages or otherwise fails to refinance the mortgages within sixty (60) days, she must immediately list the property for sale with a realtor of her choosing and upon sale of the property shall retain all net proceeds realized from the sale. Pending the refinancing or the sale of the property as hereinbefore set forth, wife shall be solely and exclusively responsible for the home equity lines of credit and mortgages on the property. 3. Husband shall retain sole and exclusive ownership and possession of the property located at 109 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, which is encumbered with a mortgage due and owing to ]?NC Bank. Wife will execute a deed conveying her interest in the aforesaid property to husband, which deed will be held in escrow by 3 wife's counsel pending refinancing the mortgage on this property. Husband shall refinance the mortgage within sixty (60) days of this date so as to remove wife as an obligor on the present mortgage. In the event husband is unable to refinance the mortgage or otherwise fails to refinance the mortgage within sixty (60) days, the property shall be immediately listed for sale with a r_ealtor of husband's choosing and upon sale of the property, all net proceeds shall be retained by husband. 4. At the time wife refinances the home at 101 State Road, Mechanicsburg, Pennsylvania, or upon settlement on sale of the aforesaid property, husband shall pay to wife the lump sum payment of $22,000.00. 5. The parties acknowledge that there is a $100,000.00 note due and owing from Brad Shover to husband. Wife waives any claim and any interest and principal due and owing on the aforesaid note, any and all responsibility for collecting on the note shall be borne by husband and wife shall make no claim relative to any funds received for payment of the said note. 6. Husband is a participant in the PSERS and as such wife has a claim to the coverture portion of the .retirement benefits secured by husband. Husband shall execute a QDRO as prepared by wife's counsel to provide for 55% of the coverture portion of husband's PSERS account to be paid to wife upon husband's retirement. Wife's entitlement to 55% of the coverture fraction shall apply to whichever option husband selects under the PSERS plan. The parties further agree that a survivor benefit will not be selected under the PSERS at the time of his retirement. 7. Wife has retirement funds in a TIAA-CREF plan through her employer. Husband waives and relinquishes any right or entitlement to any portion of wife's retirement with TIAA-CREF. 8. All personal property shall remain in the possession of the party presently in possession of the personal property. However, husband shall be entitled to remove items of personal property from the garage and the barn at 101 State Road, Mechancisburg, Pennsylvania, and any personal property that wife has stored off the premises within sixty (60) days of today's date. Any personal property that husband fails to remove from the property shall become wife's sole property and possession as of sixty (60) days of today's date and she may retain or sell or otherwise alienate that property as she desires. It is specifically acknowledged, 4 however, that wife has retained or has had tkie right to retain a 2001 Jeep and a 2004 Toyota and husk~and has retained or has the right to retain a 1950 GMC truck and a 1996 Ford Ranger. In the event it is necessary for either party to execute titles or related documents to transfer ownership of these vehicles to the party retaining ownership and possession, the parties will execute those documents within fifteen (15) days of being requested to do so. Wife will specifically deliver to husband two firearms that were gifted to husband by his father and if she can locate husband's birth certificate and passport, she will provide that to him as well. 9. The parties acknowledge that all of their financial accounts have been distributed such that each party shall simply retain the accounts in their name and ownership and neither party .will make any claim against the other party to any accounts held by the other party. 10. The parties acknowledge that husband is paying alimony pendente lite through the Cumberland County Domestic Relations Office to PACES N0. 847109306. Husband shall continue to pay the alimony pendente lite amount as designated by the Domestic Relations Office until August 1, 2010, at which time the alimony pendente lite order shall end with the exception that any arrears still due shall be paid by husband. 11. Effective August 1, 2010, husband shall begin to pay the sum of $400.00 per month in alimony which shall be modifiable subject to the provisions of the Domestic Relations Code relating to modification. The alimony shall end upon the death of either party, upon wife's cohabitation with a person of the opposite sex or wife's remarriage, or at the time of husband's retirement. The alimony amount is based upon the parties' current incomes. The alimony will continue until the first payment that wife would receive from husband's pension. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and 5 deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiiver and relinquishment of all such interest, rights, and claims. MR. GRIFFIE: Mr. Secrest, were you present as I dictated an agreement that I indicated was the agreement that you and your wife had reached:' MR. SECREST: Yes. MR. GRIFFIE: Did you understand the agreement? MR. SECREST: Yes. MR. GRIFFIE: Is it your agreement that all of the terms I just stated will settle all claims in this divorce action? MR. SECREST: Yes. MS. VERNEY: Ms. Secrest, you were present while Mr. Griffie read the terms of this agreement? MS. SECREST: Yes. MS. VERNEY: And do you understand all of those terms? MS. MS. regarding any of t MS. MS. settle this matter MS. SECREST: Yes. VERNEY: Do you have any questions hose terms? SECREST: No. VERNEY: And is it your agreement to along those terms that were read? SECREST: Yes. 6 THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjeci~ing myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: r L. Griffie Kenneth P. Secrest or ey for Plaintiff /? f ~ ~~ _... V ~-.~•-~. ~P off/ /D ac eline M. Verney Cindy J. r t Attorney for Defendant 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH P. SECREST V. CINDY J. SECREST NO. 2007-5388 DIVORCE DECREE AND NOW, .-. Z~ ~~ l D , it is ordered and decreed that KENNETH P. SECREST plaintiff, and CINDY J. SECREST ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shalt hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The Stipulation and Agreement entered into between the parties before the standing Divorce Master on June 1, 2010 is incorporated herein, but not merged. By the Court. rrotnonotary KENNETH P. SECREST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-5388 CINDY J. SECREST, IN DIVORCE Defendant STIPULATION AND AGREEMENT r, :} ` FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER' AND NOW, this day of , 2010, the parties, Kenneth P. Secrest, Plaintiff and Cindy J. Secrest, Defendant, having been divorced by Decree dated ' of the Court of Common Pleas of Cumberland County, entered at Docket Number 2007-5388, do hereby Stipulate and Agree as follows: The Plaintiff, Kenneth P. Secrest, hereinafter referred to as "Member" is a member of the Commonwealth of Pennsylvania State Employees' Retirement System, (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C. S. §§5101-5956 ("Retirement Code"). 3. `Member's date of birth is March 25, 1955. Member's Social Security Number shall be provided to SERS on a separate document submitted to SERS together with this Stipulation and Agreement but not filed with Court. 4. The Defendant, Cindy J. Secrest, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is January 16, 1959. Alternate Payee's Social Security Number shall be provided to SERS on a separate document submitted to SERS together with this Stipulation and Agreement but not filed with the Court. 5. Member's last known mailing address is: Kenneth P. Secrest 109 West Main Street Mechanicsburg, PA 17055 6. Alternate Payee's last known address is: Cindy J. Secrest P.O. Box 69 Grantham, Pennsylvania 17027 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. (a) The marital property component of Member's retirement benefit equals t (1) the Coveriure Fraction multiplied by (2) Member's retirement benefit on the effective date of Member's retirement calculated using the Retirement Code in effect on April 16, 2007, the date of the parties' separation, and Member's final average salary as of the effective date of retirement. (b) The Coverture Fraction is a fraction with a value less than or equal to one. The numerator is the amount of Member's service, as defined by SERS, for the period of time from February 21, 1981 (date of marriage), to April 16, 2007 (date of separation). The denominator is the total amount of Member's service, as defined by SERS, on the effective date of Member's retirement. (c)` Fifty-five percent (55%) of the marital property component of Member's retirement is to be allocated to Alternate Payee as the equitable distribution portion of this marital asset. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Members marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to member by SERS or any enhancements to the Member's retirement benefit arising from post separation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7) shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of the Alternate Payee's equitable distribution interest in Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's Death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which option(s) member selects at retirement. Member and Alternate Payee expressly agree that: (a) Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all of payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall: (a) Be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraphs 7 through 9. 13. In no event shall the Alternate Payee have benefits or rights greater than those which are available to the Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges, and options offered by SERS not granted to the Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. § 1311, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon its entry as a Domestic Relations Order incorporating this Stipulations and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hand and seals. Dated: /d -0- 7-0 Ke eth, . Secre, PL TIFVMEMBER Dated: Cindy J. Secre DEFENDANT/ALTERNATE PAYEE Dated: iie,squire, Attorney for Plaintiff/Member Dated:-/ i - acq ine M. Verney, Esq., Attorn for Defendant/ Alternate Payee f Nov 16 2010, KENNETH P. SECREST, Plaintiff V. CINDY J. SECREST, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5388 IN DIVORCE ORDER AND NOW, this day of o U , 2010, the attached Stipulation and Agreement coed. ow D of the parties in this case is incorporated, but not merged, into this Order of Court. BY THE COURT: Z' I/ cc: J ueline M. Verney, Esquire, counsel for Wife radley L. Griffie, Esquire, counsel for Husband Es L x C 'S t enk < s C C= rrli= <c -O ?? W o x x o c o x c=r C:) rrb z, x D -C -? R KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLV ANIA 0 ^, C-1 _q V. NO. 2007 - 5388 -oz ` -i - CINDY J. SECREST, CIVIL ACTION -LAW C C--) Defendant IN DIVORCE r--a C5 CF ° c:) X CERTIFICATE OF SERVICE i I, Bradley L. Griffie, Esquire hereby certify that I did, the 29th day of December, 2011, cause a copy of the Praecipe for Withdrawal of Appearance to be served upon the Defendant, by serving her attorney of record, by first class mail, postage prepaid, at the following address: Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Date: r . Crrifffie, Esquire FIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 C Cd C5 6 C-1 p d C-3 KENNETH P. SECREST, IN THE COURT OF COMMON PLpkSx- Plaintiff, CUMBERLAND COUNTY, PENN SYLhN V. NO. 2007 - 5388 CINDY J. SECREST, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Bradley L. Griffie, Esq., and the law firm of Griffie & Associates, on behalf of the Plaintiff, Kenneth P. Secrest, in the above captioned matter, and direct future correspondence in this matter to the Plaintiff as pro se at the address stated below. Date: Kenneth P. Secrest r`p I `? 1 CI'"C 5S LXC.G? ?r: YC. r .iaanir.c l.?.rn U A .} PA fJ?s? l' state: 7 rffie, Esquire IE & ASSOCIATES Z°) O North Hanover Street •'"?,.rlisle, PA 17013 17)243-5551 ',MO) 347-5552 KENNETH P. SECREST IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 07-5388 CIVIL TERM _ CINDY J. SECREST, Defendant/Movant DIVORCE xM -<> t o CD k E--M --�c C� -'-`' >n ��� TO: THE HONORABLE JUDGES OF SAID COURT: NO DEFENDANT'S MOTION FOR CONTEMPT AND FOR AWARD OF SANCTIONS AND NOW, comes Movant, Cindy J. Secrest,the Defendant in the above-captioned matter(hereafter"Wife"),by her attorney,Kenneth F. Lewis, and states the following: 1. The above-named parties were divorce on July 22,2010. 2. As part of their divorce,the parties entered into a settlement agreement on June 1,2010. 3. Per paragraph#11 of the agreement, Kenneth P. Secrest(hereafter"Husband") was to pay alimony to Wife in the amount of$400.00 per month commencing August 1,2010. (copy of pertinent page of agreement attached hereto). 4. As of June 1, 2013, Husband will be twenty-three(23)payments behind in alimony,having missed one payment in 2010; four payments in 2011; and having made no payments whatsoever in 2012 and 2013. 5. As of June 1, 2013, Husband owes Wife $9,200.00 in missed alimony payments. 6. Wife has attempted to get Husband to enter into a written agreement whereby the alimony payments are garnished from his wages and he makes up the vast arrears. 7. Husband has refused to enter into any such agreement and willfully continues to refuse to make any payments to Wife. 8. Wife has retained the undersigned to assist her in enforcing the Agreement. 9. This Motion was sent to Defendant prior to filing. Defendant does not consent to the relief requested. WHEREFORE, Plaintiff requests the Court,after hearing,to issue an Order: a) finding Husband in contempt; b)Ordering the remaining alimony payments to be garnished through Cumberland County Domestic Relations; c)Ordering Husband to pay Wife all missed alimony payments as follows: $3,000.00 within thirty days of the Court's Order; $2,000.00 within sixty days of the Court's Order; and the remaining amount($4,200.00 as of June 1,2013)within ninety days of the Court's Order; d) Ordering Husband to reimburse Wife for attorney's fees incurred representing her in this matter at an amount to be proven at hearing. Should Wife obtain the relief requested by making a Court's Rule Absolute, Husband should be ordered to pay Wife the sum of$750.00 within thirty days of the Court's Order for reimbursement of counsel fees; and e) granting such other and further relief as this Court deems just and appropriate. Respectfully submitted, Je W DATE: 5-2q-a 13 &/ KE ETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717)234-3136 Attorney for Movant/Defendant VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unsworn falsification to authorities. Dated: 5—21`)3 CINDY J. S S CERTIFICATE OF SERVICE I certify I have served a true and correct copy of this document upon Plaintiff by attorney by email to: ksecrestgpaturnpike.com and by mailing same by U.S. Mail,postage prepaid at Harrisburg,PA, addressed to both the following addresses: Kenneth P. Secrest Kenneth P. Secrest 1149 Cross Creek Drive c/o Jessica Secrest Mechanicsburg,PA 17050 422 W. Simpson St. Mechanicsburg,PA 17055 DATED: 2I'ZD l3 � ,w - KENN H F LEWIS, ESQUIRE r F! however, that wife has retained or has had the right to retain a 2001 Jeep and a 2004 Toyota and husband has retained or has the right to retain a 1950 GMC truck and a 1996 Ford Ranger. In the event it is necessary for either party to execute titles or related documents to transfer ownership of these vehicles to the party retaining ownership and possession, the parties will execute those documents within fifteen (15) days of being requested to do so. Wife will specifically deliver to husband two firearms that were gifted to husband by his father and if she can locate husband's birth certificate and passport, she will provide that to him as well. 9. The parties acknowledge that all of their financial accounts have been distributed such that each party shall simply retain the accounts in their name and ownership and neither party will make any claim against the other party to any accounts held by the other party. 10. The parties acknowledge that husband is paying alimony pendente lite through the Cumberland County Domestic Relations Office to PACES NO. 847109306. Husband shall continue to pay the alimony pendente lite amount as designated by the Domestic Relations Office until August 1, 2010, at which time the alimony pendente lite order shall end with the exception that any arrears still due shall be paid by husband. 11. Effective August 1, 2010, husband shall begin to pay the sum of $400.00 per month in alimony which shall be modifiable subject to the provisions of the Domestic Relations Code relating to modification. The alimony shall end upon the death of either party, upon wife's cohabitation with a person of the opposite sex or wife's remarriage, or at the time of husband's retirement. The alimony amount is based upon the parties' current incomes. The alimony will continue until the first payment that wife would receive from husband's pension. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way .and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and 5 KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. CINDY J. SECREST, DEFENDANT NO. 07-5388 CIVIL ORDER OF COURT AND NOW, this 51h day of June, 2013, upon consideration of Cindy Secrest's Motion for Contempt and for Award of Sanctions, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Kenneth Secrest to show cause why the relief requested by Cindy Secrest should not be granted; 2. Kenneth Secrest shall file an Answer to the Motion for Contempt and for Award of Sanctions on or before June 28, 2013; 3. A hearing in the matter will be held on Friday, August 2, 2013, at 2:00 p.m. in Courtroom No. 2 of.the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. L. Ebert, Jr., qj ZKenneth Secrest Plaintiff --'- Kenneth F. Lewis, Esquire Attorney for Defendant C: ma bas i ;Z�CD c-) C) KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF. Plaintiff/Respondent CUMBERLAND COUNTY,PENNSY VA JA' Ox VS. NO. 07-5388 CIVIL TERMm r- D CINDY J. SECREST, co Defendant/Movant XC.,) �° . ANSWER TO DEFENDANT'S MOTION FOR CONTEMPT AND FOR AWARD OF SANCTIONS AND NEW MATTER AND NOW COMES Respondent, Kenneth P. Secrest, by and through his counsel Bradley L. Griffie, Esquire, and the law firm of Griffie and Associates, P.C., and answers Defendant's Motion as follows: 1. Admitted. .2. Admitted. 3. Admitted. 4. Denied. At the time of filing the instant Answer, Respondent does not have the details of all payments made to Movant for the years indicated, but believes that Movant's claim fails to take into consideration all payments made and, therefore, the claims set forth in paragraph four (4) are denied with specific proof thereof being demanded at trial. 5. Denied. At the time of filing the instant Answer, Respondent does not have the details of all payments made to Movant for the years indicated, but believes that Movant's claim fails to take into consideration all payments made and, therefore, the claims set forth in paragraph five (5) are denied with specific proof thereof being demanded at trial. 6. Admitted in part and denied in part. It is admitted that Movant attempted to have Respondent enter into an agreement to have the claimed alimony payments garnished from his wages. It is denied that there are vast arrearages due. 7. Admitted in part. Denied in part. It is admitted that Husband refused to enter into an agreement to have his wages attached or garnished for the alimony payments described. It is denied that this action was willful in any manner. It is averred, rather, that Movant has failed to comply with the terms of the parties' comprehensive agreement as incorporated into their Decree in Divorce dated July 22, 2010 and as such, Respondent has made repeated attempts to negotiate with Movant in order to offset her claims of Respondent's failure to comply with the agreement against Respondent's claims made against Movant of Movant's failure to comply with the agreement in order to reach a negotiated a resolution in this matter. 8. While Respondent does not have any personal knowledge of whether Movant has retained counsel, it is presumed that she has retained him based upon his involvement in the proceedings. 9. Admitted. WHEREFORE, Respondent requests your Honorable Court to dismiss all aspects of Movant's prayer for relief(incorrectly listed as Plaintiff's request), including a denial of finding of contempt, a refusal to garnish Respondent's income for the payment of alimony payments claimed, a refusal to order any payment of claimed arrearages, a denial of Movant's request for attorney's fees. NEW MATTER Respondent's answers and averments set forth in paragraphs one (1) through nine (9) in the foregoing Answer are incorporated herein by reference. 10. The parties entered into a comprehensive Agreement in front of the Divorce Master dated June 1, 2010 which Agreement was incorporated into their Decree in Divorce dated July 22, .2010, a copy of said Decree and the incorporated Agreement being attached hereto and incorporated herein by reference as Exhibit «A „ 11. Wife has failed to comply with her obligations under the terms of the Agreement. 12. Despite Respondent's efforts to resolve Movant's failure to comply with the terms of the Agreement, Responsent has failed and refused to address her obligations under the Agreement which has led to the instant situation of her claim that Respondent has not met his obligations under the Agreement. 13. In the event the court addresses Movant's Motion for Contempt against Respondent, the Motion should take into consideration Movant's contempt of the Order and Decree as well. 14. Respondent will file his Motion for Contempt against Movant herein within 10 days of filing the instant Answer. 15. Upon Respondent preparing and filing his Motion for Contempt against Movant herein, Respondent will also be requesting that those matters and the issues raised in the within Motion for Contempt be heard contemporaneously by the court. WHEREFORE, Petitioner requests your Honorable Court to dismiss. Movant's Motion for Contempt. Respectfully Submitted, r' fe, Esquire i iespondent Att rney Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 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 falsification to authorities. DATE: G 8 13 Kenneth P. Secrest KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-5388 CIVIL TERM CINDY J. SECREST, Defendant/Movant CERTIFICATE OF SERVICE 7. I, Bradley L. Griffie, Esquire, hereby certify that I did, the � day of June, 2013, cause a copy of Defendant's Answer to Defendant's Motion for Contempt and for Award of Sanctions to be served upon Movant by serving her attorney of record, Kenneth F. Lewis, Esquire,by facsimile and first-class mail,postage prepaid at the following address: Kenneth F. Lewis, Esquire 1101 North Front Street, 1"Floor Harrisburg, PA 17102 Facsimile: (888) 977-9386 DATE: ra iffie squire or P1 intiff Sup me Court ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle,PA 17013 (717)243-5551 (800) 347-5552 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH P. SECREST V. CINDY J. SECREST NO 2007-5388 DIVORCE DECREE AND NOW,July 22 2010 , it is ordered and decreed that KENNETH P. SECREST plaintiff, and CINDY J. SECREST defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The Stipulation and Agreement entered into between the parties before the standing Divorce Master on June 1, 2010 is incorporated herein, but not merged. I By the Court, J. Wesley Oler, Jr. Attest: J. 4 1 Prothonotary Certified Copy Issued: July 22, 2010 EXHIBIT Date KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 5388 CIVIL CINDY J. SECREST, Defendant IN DIVORCE THE MASTER: Today is Tuesday, June 1, 2010 . This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Kenneth P. Secrest, and his counsel Bradley L. Griffie, and the Defendant, Cindy J. Secrest, and her counsel Jacqueline M. Verney. This action was commenced by the filing of a complaint in divorce on September 10, 2007, raising grounds for divorce of irretrievable breakdown of the marriage. The divorce complaint did not raise any claims for economic relief. With respect to grounds for divorce, counsel have advised the Master that within a week of today' s date they will have their clients sign and will file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301 (c) of the Domestic Relations Code . The husband filed a claim for economic relief on April 8 . 2008, raising the economic issue of equitable distribution. The wife filed a petition for economic 1 relief on September 21, 2009, raising a claim for alimony, alimony pendente lite, and support . Neither party has filed a claim for counsel fees and costs. The Master has been advised that after negotiations today, the parties reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Subsequently, when the parties leave the hearing room today they are bound by the terms of the agreement even though there .is no subsequent signing of the agreement affirming the terms of settlement as stated on the record. With respect to having the agreement reviewed, the Master will have the agreement transcribed and sent to counsel so that any typographical corrections can be made. The parties will then be asked to affix their signatures to the agreement affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final 2 decree in divorce. The parties were married on February 21, 1981, and separated on April 16, 2007 . The parties have one child of this marriage, who is emancipated. Mr. Griffie. MR. GRIFFIE: In full and final satisfaction of all the claims raised by the parties, they agree that they have settled the matter as follows: 1. The property located at 422 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, which is presently deeded in husband' s name and the name of the parties ' daughter, Jessica E. Secrest, shall be transferred to the daughter' s name alone. Husband' s counsel will prepare a deed for husband and wife' s signature conveying any interest they have to the daughter so that the daughter shall own the property in her name alone in fee simple. It is noted that the property is unencumbered. 2 . Wife shall retain sole and exclusive ownership and possession of the property located at 101 State Road, Mechanicsburg, Cumberland County, Pennsylvania, which is encumbered with home equity loans due and owing to PNC Bank. Husband will execute a deed conveying his interest in the property which will be held in escrow by husband' s counsel until such time as wife refinances the mortgages on the property so as to remove husband as an obligor on those mortgages. Wife shall refinance the mortgages within sixty (60) days of today' s date. In the event that wife is unable to refinance the mortgages or otherwise fails to refinance the mortgages within sixty (60) days, she must immediately list the property for sale with a realtor of her choosing and upon sale of the property shall retain all net proceeds realized from the sale. Pending the refinancing or the sale of the property as hereinbefore set forth, wife shall be solely and exclusively responsible for the home equity lines of credit and mortgages on the property. 3. Husband shall retain sole and exclusive ownership and possession of the property located at 109 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, which is encumbered with a mortgage due and owing to PNC Bank. Wife will execute a deed conveying her interest in the aforesaid property to husband, which deed will be held in escrow by 3 wife' s counsel pending refinancing the mortgage on' this property. Husband shall refinance the mortgage within sixty (60) days of this date so as to remove wife as an obligor on the present mortgage. In the event husband is unable to refinance the mortgage or otherwise fails to refinance the mortgage within sixty (60) days, the property shall be immediately listed for sale with a realtor of husband' s choosing and upon sale of the property, all net proceeds shall be retained by husband. 4 . At the time wife refinances the home at 101 State Road, Mechanicsburg, Pennsylvania, or upon settlement on sale of the aforesaid property, husband shall pay to wife the lump sum payment of $22, 000. 00 . 5. The parties acknowledge that there is a $100, 000. 00 note due and owing from Brad Shover to husband. Wife waives any claim and any interest and principal due and owing on the aforesaid note, any and all responsibility for collecting on the note shall be borne by husband and wife shall make no claim relative to any funds received for payment of the said note. 6. Husband is a participant in the PSERS and as such wife has a claim to the coverture portion of the retirement benefits secured by husband. Husband shall execute a QDRO as prepared by wife' s counsel to provide for 550 of the coverture portion of husband' s PSERS account to be paid to wife upon husband' s retirement. Wife' s entitlement to 55% of the coverture fraction shall apply to whichever option husband selects under the PSERS plan. Theparties further agree that a survivor benefit will not be selected under the PSERS at the time of his retirement. 7 . Wife has retirement funds in a TIAA-CREF plan through her employer. Husband waives and relinquishes any right or entitlement to any portion of wife' s retirement with TIAA-CREF. 8 . All personal property shall remain in the possession of the party presently in possession of the personal property. However, husband shall be entitled to remove items of personal property from the garage and the barn at 101 State Road, Mechancisburg, Pennsylvania, and any personal property that wife has stored off the premises within sixty (60) days of today' s date. Any personal property that husband fails to remove from the property shall become wife' s sole property and possession as of sixty (60) days of today' s date and she may retain or sell or otherwise alienate that property as she desires. It is specifically acknowledged, 4 however, that wife has retained or has had the right to retain a 2001 Jeep and a 2004 Toyota and husband has retained or has the right to retain a 1950 GMC truck and a 1996 Ford Ranger. In the event it is necessary for either party to execute titles or related documents to transfer ownership of these vehicles to the party retaining ownership and possession, the parties will execute those documents within fifteen (15) days of being requested to do so. Wife will specifically deliver to husband two firearms that were gifted to husband by his father and if she can locate husband' s birth certificate and passport, she will provide that to him as well. 9. The parties acknowledge that all of their financial accounts have been distributed such that each party shall simply retain the accounts in their name and ownership and neither party will make any claim against the other party to any accounts held by the other party. 10. The parties acknowledge that husband is paying alimony pendente lite through the Cumberland County Domestic Relations Office to PACES NO. 847109306. Husband shall continue to pay the alimony pendente lite amount as designated by the Domestic Relations Office until August 1, 2010, at which time the alimony pendente lite order shall end with the exception that any arrears still due shall be paid by husband. 11. Effective August 1, 2010, husband shall begin to pay the sum of $400 . 00 per month in alimony which shall be modifiable subject to the provisions of the Domestic Relations Code relating to modification. The alimony shall end upon the death of either party, upon wife' s cohabitation with a person of the opposite sex or wife' s remarriage, or at the time of husband' s retirement. The alimony amount is based upon the parties ' current incomes. The alimony will continue until the first payment that wife would receive from husband' s pension. 12 . Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow' s allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other' s estate. Each will at the request of the other execute, acknowledge, and 5 deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. GRIFFIE: Mr. Secrest, were you present as I dictated an agreement that I indicated was the agreement that you and your wife had reached? MR. SECREST: Yes. MR. GRIFFIE: Did you understand the agreement? MR. SECREST: Yes. MR. GRIFFIE: Is it your agreement that all of the terms I just stated will settle all claims in this divorce action? MR. SECREST: Yes. MS. VERNEY: Ms . Secrest, you were present while Mr. Griffie read the terms of this agreement? MS. SECREST: Yes . MS. VERNEY: And do you understand all of those terms? MS. SECREST: Yes. MS. VERNEY: Do you have any questions regarding any of those terms? MS. SECREST: No. MS. VERNEY: And is it your agreement to settle this matter along those terms that were read? MS. SECREST: Yes. 6 THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: �0 4 or L. Griffie Kenneth P. Secrest ney for Plaintiff ac ueline M. Verney Cindy J. r t Attorney for Defendant 7 KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-5388 CIVIL TERM -0:r : �w . C— CINDY J. SECREST, , - Defendant/Movant Prior Judge: M. L. Ebert, Jr. tv e �� _ PETITION FOR CONTINUANCE y c ry AND NOW comes Petitioner, Bradley L. Griffie, Esquire and law firm orGriie Associates, P.C. and petitions the court as follows: 1. Your Petitioner is counsel for-the above named Plaintiff and Respondent herein, Kenneth P. Secrest. 2. Your Petitioner has received a copy of the Court's Order of June 5, 2013 scheduling a hearing in this matter for Friday, August 2, 2013 at 2:00 p.m. 3. Your Petitioner will be out of town on Friday afternoon, August 2"d, and will be unavailable at 2:00 p.m.to conduct a hearing as scheduled in this matter. 4. Your Petitioner herein has contacted opposing counsel, Kenneth F. Lewis, Esquire and Mr. Lewis concurs in the request for continuance herein. WHEREFORE, Petitioner requests your Honorable Court to reschedule the hearing in this matter for Friday, August 2, 2013 at 2:00 p.m. to a later date. Respectfully Submitted, B fie, Esquire r y for laintiff Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 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 falsification to authorities. /� Si DATE: Kenneth P. Secrest KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-5388 CIVIL TERM CINDY J. SECREST, Defendant/Movant Prior Judge: M. L. Ebert, Jr. CERTIFICATE OF SERVICE V' I, Bradley L. Griffie, Esquire, hereby certify that I did,the .), day of July, 2013, cause a copy of Plaintiffs Petition for Continuance to be served upon Defendant by serving her attorney of record, Kenneth F. Lewis, Esquire, by facsimile and first-class mail, postage prepaid at the following address: Kenneth F. Lewis, Esquire 1101 North Front Street, 1"Floor Harrisburg, PA 17102 Facsimile: 234-8288 DATE: —7 l a- BKCourt 434 9 GRIFFIE& ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA—, VS. NO. 07-5388 CIVIL TERM ,, CJ �;^t rTt c �� CINDY J. SECREST U)r-- -- ' -Z> G'1 �-i Ct:% Defendant/Movant Prior Judge: M.L. Ebert, Jr. r-� s_- -;; :-C.3 C� s .....t f._..; PLANTIFF'S MOTION FOR CONTEMPT AND ; -- FOR AWARD OF SANCTIONS AND NOW comes Movant, Kenneth P. Secrest, Plaintiff in the above captioned matter, by and through his counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C. and sets forth the following: 1. The-parties to the instant proceeding were divorced by Decree in Divorce dated July 22,.2010. 2. Incorporated into the Decree in Divorce of July 22, 2010 is the parties' comprehensive agreement reached before the Divorce Master on June 1,2010. 3. A copy of the Decree of July 22, 2010 and the incorporated agreement of June 1, 2010 is attached hereto and incorporated herein by reference as Exhibit"A." 4. Paragraph eight (8) of the aforesaid Agreement provides as follows: All personal property shall remain in the possession of the party presently in possession of the personal property. However, husband shall be entitled to remove items of personal property from the garage and the barn at 101 State Road, Mechanicsburg, Pennsylvania, and any personal property that wife has stored off the premises within sixty (60) days of today's date. Any personal property that husband fails to remove from the property shall become wife's sole property and possession as of sixty (60) days of today's date and she may retain or sell or otherwise alienate that property as she desires. It is specifically acknowledged, however, that wife has retained or has had the right to retain a 2001 Jeep and a 2004 Toyota and husband has retained or has the right to retain a 1950 GMC Truck and a 1996 Ford Ranger. In the event it is necessary for either party to execute titles or related documents to transfer ownership of these vehicles to the party retaining ownership and possession, the parties will execute those documents within fifteen (15) days of being requested to do so. Wife will specifically deliver to husband two firearms that were gifted to husband by his father and if she can locate husband's birth certificate and passport, she will provide that to him as well. 5. Following entry of the Agreement of June 1, 2010,Movant, Kenneth P. Secrest, (hereinafter "Husband") made repeated contacts with Respondent, Cindy J. Secrest (hereinafter "Wife'), in an effort to secure his personal property items from the property at 101 State Road, Mechanicsburg, Pennsylvania, as provided in paragraph eight (8) of the parties' agreement. 6. Husband was able to remove some of his items of personal property, but also discovered that various items of personal property that were known to the parties to be present at the property, had been removed. 7. In prior contact between Husband and Wife, Wife had made statements implying -to Husband that she had moved some of his items of personal property to other locations, including possibly to Wife's Mother's residence. 8. Although Husband made repeated attempts through telephone contact, personal contact, and other means of contact, to secure Wife's cooperation in securing his personal property items as required by the Agreement, Wife repeatedly denied access to Husband to the property, and to other properties, including where she had stored Husband's items of personal property, such that Husband has not been able to secure his personal property items pursuant to the terms of the Agreement. 9. In discussions between.Husband and Wife, Wife was uncooperative in scheduling a time when Husband could retrieve his items or personal property, but never claimed that she did not have Husband's items of personal property nor that she did not know where she placed them, until after Husband's 90 day time limit under the Agreement had expired. 10. Husband has various individuals, including his sisters, who are aware of some of the personal property items that were in Husband's possession at the former marital residence and which have not been returned to him by Wife, or which Wife has not allowed Husband to retrieve. 11. Wife even presented some items of personal property to Husband through her prior counsel, causing Husband to pick up two guns wrapped in blankets and a total of seven 7 family photos from Wife's prior counsel's office. 12. Wife's prior counsel, at a time that Husband was operating Pro Se, attempted to have him sign a statement that he had received all of his personal property items, which he refused to sign because he had not received all of his items. 13. Husband hesitated taking any additional aggressive actions to secure his personal property items due to the extreme cost that had been incurred in the divorce proceedings and due to the fact that Wife had previously filed unsubstantiated criminal charges against Husband upon his return to the parties' marital residence prior to their divorce. 14. Husband has been unable to retrieve a variety of his personal property items due to Wife's failure and refusal to disclose the whereabouts of those items and her failure and refusal to allow Husband to completely and thoroughly investigate the possible location of those items of personal property at. Wife's residence, including, but not limited to,the following: A. One gold wedding band; B. One platinum wedding band; C. One 5/8 carat ring; D. Coin collection; E. Marble collection; F. High school class ring; G. Family photos from 26 years of marriage and 25 year prior thereto; H. One half of the parties' daughter's sports tapes; I. One half of the parties' daughter's basketball articles; J. Husband's Passport; K. Husband's Birth Certificate; L. Husband's yearbook and other high school memorabilia; 15. In addition to the above; Husband belatedly became aware, after the-parties had entered into the aforementioned agreement, that Wife was renting the parties' former marital residence for a rental amount of$1,400.00 per month from January 2010 through approximately October .2010, which additional income was not disclosed at the time the parties entered into the June 1, 2010 agreement. 16. When Wife has approached Husband relative to additional obligations she claims are due from Husband based on the terms of to the parties' settlement and agreement, Husband has attempted to negotiate a resolution of those claims by offsetting them against the assets that are due to Husband,-which Wife has refused to allow Husband to collect. 17. Wife has now pursued a claim against Husband relative to the issues that she says are his failure to comply with the terms of the parties' agreement, although Wife is fully aware that any noncompliance of Husband with the parties' June 1, 2010 agreement, was based solely upon Wife's refusal to comply with the agreement as well. 18. Wife has retained in excess of$10,000.00 of personal property items belonging to Husband and has failed and refused to cooperate with Husband allowing him to retrieve those items pursuant to the parties' Agreement. WHEREFORE, Husband, Movant herein, requests your Honorable Court to issue an Order: A. Finding Wife, Cindy J. Secrest, in contempt of the parties' Decree in Divorce of July.22,2010; B. Requiring Wife to provide Husband with immediate access to all locations where Wife has surreptitiously secured and retained Husband's personal property; C. That Wife immediately deliver to Husband all items of personal property requested herein and otherwise requested by Husband of Wife in order to be in compliance with the parties' Decree of July 22, 2010; D. Finding Wife shall reimburse Husband for all attorney's fees incurred in pursuing this matter and in defense of Wife's claim against Husband; and E. Granting such other relief as the court deems just and proper. Respectfully Submitted, B riffie, Esquire ney f r Plaintiff Supreme Court ID No. 34349 GRIFFIE &ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717).243-5551 (800) 347-5552 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 falsification to authorities. DATE: Kenneth P. Secrest • D ` • 1 n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH P. SECREST V. : CINDY J. SECREST NO 2007-5388 DIVORCE DECREE AND NOW,July 22 _, 2010 , it is ordered and decreed that KENNETH P. SECREST plaintiff, and CINDY J. SECREST defendant, are divorced from-the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by-the parties to this action for which a final order has not yet been entered. Those claims areas follows: (If no claims remain indicate "None.") None.The Stipulation and Agreement entered into between the parties before the standing Divorce Master on June 1, 2010 is incorporated herein, but not merged. By the Court, J. Wesley Oler, Jr. Attest: J. ( i Prothonotary Certified Copy Issued: July 22,2010 Date Q A t KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS . NO. 07 - 5388 CIVIL CINDY J. SECREST, Defendant IN DIVORCE THE MASTER: Today is Tuesday, June .1, 2010 . This is the date set for a conference in the above-captioned divorce proceedings . Present in the hearing room are the Plaintiff, Kenneth P. Secrest, and his counsel Bradley L. Griffi.e, and the Defendant, Cindy J. Secrest, and her counsel Jacqueline M. Verney. This action was commenced by the filing of a complaint in divorce on September 10, 2007, raising grounds for divorce of irretri-evable breakdown of the marriage . The divorce complaint did not raise any claims for economic relief. With respect to grounds for divorce, counsel have advised the Master that within a week of today' s date they will have their clients sign and will file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude .under Section 330.1 (c) of the Domestic Relations Code . The husband filed a claim for economic relief on April 8 . 2008, raising the economic issue of equitable distribution. The wife filed a petition for economic 1 relief on September 21, 2009, raising a claim for alimony, alimony pendente lite, and support. Neither party has filed a claim for counsel . fees and costs . The Master has been advised that after negotiations today, the parties reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be .made during the transcription. Subsequently, when the parties leave the hearing room today they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement as stated on the record. With respect to having the agreement reviewed, the Master will have the agreement transcribed and sent to counsel so that any typographical corrections can be made. The parties will then be asked to affix their signatures to the agreement affirming the terms of settlement as stated on the record. upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final 2 decree in divorce . The parties were married on February 21, 1981, and separated on April 16, 2007 . The parties have one child of this marriage, who is emancipated. Mr. Griffie. MR. GRIFFIE: In full and final satisfaction of all the claims raised by the parties, they agree that they have settled the matter as follows: 1. The property located at 422 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, which is presently deeded in husband' s name and the name of the parties ' daughter, Jessica E. Secrest, shall be transferred to the daughter' s name alone.. Husband' s counsel will prepare a deed for husband and wife' s signature conveying any interest they have to the daughter so that the daughter shall own the property in her name alone in .fee simple. It is noted that' the property is unencumbered. 2 . Wife shall retain sole and exclusive ownership and possession of the property located at 101 State Road, Mechanicsburg, Cumberland County, Pennsylvania, which -is encumbered with home e.quity .loans due and owing to PNC Bank. Husband will execute a deed conveying his interest in the property which will be held in escrow by husband' s counsel until such time as wife refinances the mortgages on the property so as to remove husband as an obligor on those mortgages. Wife shall refinance the mortgages within sixty (60) days of today' s date. In the event that wife is unable to refinance the mortgages or otherwise fails to refinance the mortgages within sixty (60) days, she must immediately list the property for sale with a realtor of her choosing and upon sale of the property shall retain all net proceeds .realized from the sale. Pending the refinancing or the sale of the property as hereinbefore set forth, wife shall be solely and exclusively responsible for the home equity lines of credit and mortgages on the property. 3. Husband shall retain sole and exclusive ownership and possession of the property located at 109 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, which is encumbered with a mortgage due and owing to PNC Bank. Wife will execute a deed conveying her interest in the aforesaid property to husband, which deed will be held in escrow by 3 wife' s counsel pending refinancing the mortgage on this property. Husband shall refinance the mortgage within sixty (60) days of this date so as to remove wife as an obligor on the present mortgage. In the event husband is unable to refinance the mortgage or otherwise fails to refinance the mortgage within sixty (60) days, the property shall be immediately listed for sale with a xealtor of husband' s choosing and upon sale of the property, all net proceeds shall be retained by husband. 4 . At the time wife refinances the home at 101 State Road, Mechanicsburg, Pennsylvania, or upon settlement on sale of the aforesaid property, husband shall pay to wife the lump sum payment of $22, 000- 00- 5. The parties acknowledge that there is a $200, 000. 00 note due and owing from Brad Shover to husband. Wife waives any claim and any interest and principal due and owing on the aforesaid note, any and all responsibility for collecting on the note shall be borne by husband and wife shall make no claim relative to any funds received I for payment of the said note. 6. Husband is a participant in the PSERS and as such wife has a claim to the coverture portion of the retirement benefits secured by husband. Husband shall execute a QDRO as prepared by wife' s counsel to provide for 550 of the coverture portion of h-usbrandis P.&S-Res account to be paid to wife upon husband' s retirement,,. Wife. l.s. .entitlement to 55% of the coverture fraction shall apply to whichever option husband selects under the PSERS plan. Theparties further agree that a survivor benefit will not be selected under the PSERS at the time of his retirement. 7 . Wife has retirement funds in a TIAA-CREF plan through her employer. Husband waives and relinquishes any right or entitlement to any portion of wife' s retirement with TIAA-CREF. 8. All personal property shall remain in the possession of the party presently in possession of the personal property. However, husband shall be entitled to remove items of personal property from the garage and the barn at 101 State Road, Mechancisburg, Pennsylvania, and any personal property that wife has stored off the premises within sixty (60) days of today' s date. Any personal property that husband fails to remove from the property shall become wife' s sole property and possession as of sixty (60) days of today' s date and she may retain or sell or otherwise alienate that property as she desires. It is specifically acknowledged, 4 however, that wife has retained or has had the right to retain a 2001 Jeep and a 2004 Toyota and husband has retained or has the right to retain a 1950 GMC truck and a 1996 .Ford Ranger. In the event it is necessary for either party to execute titles or related documents to transfer ownership of these vehicles to the party retaining ownership and possession, the parties will execute those documents within fifteen (15) days of being requested to do so. Wife will specifically deliver to husband two firearms that were gifted to husband by his father and if she can locate husband' s birth certificate and passport, she will provide that to him as well. 9. The parties acknowledge that all of their financial accounts have been distributed such that each party shall simply retain the accounts in their name and ownership and neither party will make any claim against the other party to any accounts held by the other party. 10. The parties acknowledge that husband is paying .alimony pendente lite through the Cumberland County Domestic Relations Office to PACES N0. 847109306. Husband shall continue to pay the alimony pendente lite amount as designated by the Domestic Relations Office until August 1, 2010, at which time the alimony pendente lite order shall end with the exception that any arrears still due shall be paid by husband. 11. Ef.f.ect.iv.e .August 1., 2010, husband shall begin to pay the sum of $400 . 00 per month in alimony which shall be modifiable subject to the provisions of the Domestic Relations Code relating to modification. The alimony shall end upon the death of either party, upon wife' s cohabitation with a person of the opposite sex or wife ' s remarriage, or at the time of husband' s retirement. The alimony amount is based upon the parties ' current incomes. The alimony will continue until the first payment that wife would receive from husband' s pension. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow' s .allowance, right of intestacy, right to take against the will of the other, and .right to act as administrator or executor in the other ' s estate. Each will at the request of the other execute,. acknowledge, and 5 G" b . deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims . MR. GRIFFIE: Mr. Secrest, were you present as I dictated an agreement that I indicated was the agreement that you and your wife had reached? MR. SECREST: Yes . MR. GRIFFIE: Did you understand the agreement? MR. SECREST: Yes. MR. GRIFFIE: Is it your agreement that all of the terms I just stated will .settle all claims in this divorce action? MR. SECREST: Yes. MS. VERNEY: Ms . Secrest, you were present .while Mr. Griffie read the terms of this agreement? MS. SECREST: Yes . MS. VERNEY: And do you understand all of those terms? MS. SECREST: Yes. MS. VERNEY: Do you have any questions regarding any of those terms? MS. SECREST: No. MS. VERNEY: And is it your agreement to settle this matter along those terms that were read? MS. SECREST: Yes. 6 THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: 4coL. Griffie Kenneth P. Secrest rney -for Plaintiff //� . el ne M. Verney Cindy J. r. t Attorney for Defendant 7 KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-5388 CIVIL TERM CINDY J. SECREST, Defendant/Movant Prior Judge: M. L. Ebert, Jr. CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the day of July, 2013, cause a copy of Plaintiff's Motion for Contempt and for Award of Sanctions to be served upon Defendant by serving her attorney of record, Kenneth F. Lewis, Esquire, by facsimile and first- class mail, postage prepaid at the following address: Kenneth F. Lewis, Esquire 1101 North Front Street, I st Floor Harrisburg,PA 17102 Facsimile: 234-8288 DATE:--7 ! 13 Arn Es uire $PFIainti o. 34349 GRIFFIE &ASSOCIATES,P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 KENNETH P. SECREST, IN THE COURT OF.COMMON.PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-5388 CIVIL TERM CINDY J. SECREST, Defendant/Movant Prior Judge: M. L. Ebert, Jr. ORDER OF COURT AND NOW this /1---day of 2013, upon presentation and consideration of the within Petition,the hearing previously scheduled in this matter for August.2, 2013 at 2:00 p.m. in Courtroom Number 2 of the Cumberland.County Courthouse, Carlisle,. Pennsylvania, is hereby continued to j 4 , the j ay of 2013 at 3 D o'clock -A.m. in Courtroom Number 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, M. E. Ebert, Jr., Judge Cc: /adley L. Griffie, Esquire Attorney for Plaintiff/Respondent .41-enneth F. Lewis,Esquire Attorney for Defendant/Petitioner C: a Cri G^ C . CD o KENNETH P. SECREST IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANL, ' V. NO. 07-5388 CIVIL TERM MCO iz.= ��- ::Oc- CINDY J. SECREST, -¢ ° DefendantlMovant DIVORCE p = c :— CD r C, DEFENDANT'S/MOVANT'S REPLY TO NEW MATTER Cindy J. Secrest,through Kenneth F. Lewis, Esq., incorporates the averments in her Motion for Contempt as if fully set forth and replies to Respondent's New Matter as follows: 10. Admitted. 11. Denied(no specifics are alleged,thus the general denial). 12. Denied. This matter is before the Court because Respondent refuses to pay the alimony he owes to Movant. 13. Denied. There is no contempt by Movant for the Court to consider. 14-15. No answer is required. WHEREFORE,Plaintiff requests the Court, after hearing, to issue an Order providing her the relief requested in her contempt Petition Respectfully submitted, DATE: 7/13/2013 1111mii,i)�14 KE f ETH F. L WIS, ESQUIRE ey I.D. #69383 1101 North Front Street, 1st fl. Harrisburg,PA 17102 (717) 234-3136 Attorney for Movant/Defendant VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge,information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unworn falsification to authorities. Dated: 71 8/13 CINDY J. SVY T } CERTIFICATE OF SERVICE I certify I have served a true and correct copy of this document upon Respondent's counsel by mailing same by U.S. Mail,postage prepaid at Harrisburg, PA, addressed as follows: Brad Griffie, Esq. 200 North Hanover St. Carlisle,PA 17013 DATED: 7/15/13 KENN TH LEWIS, ESQUIRE KENNETH P. SECREST, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-5388 CIVIL TERM CINDY J. SECREST, Defendant/Movant Prior Judge: M. L. Ebert, Jr. ORDER OF COURT AND NOW this 7l day of July, .2013, upon presentation and consideration of the Motion for Contempt and for Award of Sanctions filed herein by Plaintiff, Kenneth P. Secrest, IT IS HEREBY ORDERED AND DIRECTED THAT: 1. A Rule shall issue upon Cindy J. Secrest to show cause why the relief requested by Kenneth P. Secrest should not be granted; .2. Cindy J. Secrest shall file an Answer to the Motion for Contempt and for Award of Sanctions on or before August q, 2013; 3. A hearing in this matter will be held on Aqq?�k , the I ° day of oa&&A�_ ' 2013, at/1)30o'clock, $.m. of Courtroom Number .2 of the Cumberland County Courthouse in Carlisle, Pennsylvania. By the Court, M. L. Ebert, Judge : Cc: ,Bradley L. Griffie, Esquire 5= Attorney for Plaintiff/Petitioner rD?`' /Kenneth F. Lewis, Esquire P,C') Attorney for Defendant/Respondent 1 KENNETH P. SECREST IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-5388 CIVIL TERM CINDY J. SECREST, Defendant/Movant DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR CONTEMPT AND FOR AWARD OF SANCTIONS AND NOW, comes Cindy J. Secrest,the Defendant in the above-captioned matter (hereafter"Wife"),by her attorney, Kenneth F. Lewis, and responds to Plaintiff's above-mentioned Motion as follows: r-s r"a 1. Admitted. n r; `"t`7 C= 2. Admitted. us f' s a -<> CD 3. Admitted. x C--) a - 4. Admitted. x, 5. Denied as stated. Wife made numerous attempts through her counsel to get Husband to retrieve his property. He eventually did so. 6. Husband retrieved all his property. It was in the barn,the shed and the garage. 7. Denied. Wife never made any such statements or implied that any of his property had been moved anywhere but the places listed in paragraph#6 immediately above. 8. Denied. Wife offered numerous dates and times for Husband to retrieve his personal property. It took the assistance and insistence of Wife's prior counsel,but Husband eventually retrieved his property. 9. Denied. See response to paragraph#8 above. Wife has never indicated that she did not know where she placed any of Husband's property. The remaining portion of this allegation cannot be answered as it is unclear what is meant by"never claimed that she did not have Husband's items...". If Husband is claiming that Wife indicated she did have any item of Husband's,then later retracted that statement,it is denied. 10. There is noway to respond=to this allegation Wife has no idea the items being referred to,or what which sisters have seen which items. Moreover,it is absurd for anyone other than Husband to attempt to testify that Husband never received any specific items. 11. Denied as stated. The transfer of the guns took place between attorneys given Husband's anger issues at that time. Wife found photographs that she also transferred through counsel. Wife believes there were many more than seven. 12. Wife does not have the requisite knowledge, information or belief to respond to this averment. 13. Wife cannot respond to Husband's stated motivations. Wife has never contacted the police without cause. 14. It is denied that Wife has any of the items listed in 14A through 14L other than some family photographs and the daughter's tapes and articles(which he did not want at the time). 15. Denied. Husband was present when the tenants moved in(January of 2010). He introduced himself to the tenants after first telling them he was there to check the fiirmce. 16. Denied as stated. Husband has simply refused to pay anything to Wife. Instead, he is claiming that she owes him many thousands of dollars. 17. Denied. Wife has filed a Motion for Contempt due to Husband's failure to pay her alimony. Husband's Motion is frivolous. He is simply attempting to use any argument possible,regardless of its truth or relevance in an effort to avoid his obligations. The agreement is very clear. Husband had a specifically stated amount of time to retrieve his personal property. He cannot,two years later, say he has not gotten all his property as an excuse to avoid paying ordered alimony. WHEREFORE, Wife requests the Court to dismiss Husband's Motion in its entirety. Respectfully submitted, DATE: g j-?,013 hA 4ET KE F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Movant/Defendant VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: D'1-13 CINDY J. SE ST CERTIFICATE OF SERVICE I certify I have served a true and correct copy of this document upon Plaintiff's counsel by mailing same by U.S. Mail,postage prepaid at Harrisburg, PA, addressed as follows: Bradley L. Griffie, Esq. 200 North Hanover St. Carlisle, PA 17013 DATED: KENN TH LEWIS, ESQUIRE KENNETH P. SECREST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA c- c-3 P%3 _:.. vs. : NO. 07-5388 CIVIL TERM -0= CINDY J. SECREST, c% c Defendant : Prior Judge: M. L. Ebert,Jr. < 17,2 L Zc+ r STIPULATION AND AGREEMENT : j This Stipulation and Agreement entered into the day and year hereinafter set forth by and between Kenneth P. Secrest (hereinafter "Plaintiff,") and Cindy J. Secrest (hereinafter "Defendant.") WHEREAS,the parties are former Husband and Wife having been divorced by Decree in Divorce entered by the Court on July.22,2010; WHEREAS, said Decree in Divorce incorporated the Stipulation and Agreement of the parties dated June 1,2010 that was entered before the standing Divorce Master; WHEREAS, both parties have filed Petitions for Contempt relative to the conduct of the opposing party as regards implementation and enforcement of the June 1, 2010 Stipulation and Agreement; WHEREAS, a hearing was scheduled in this matter for Friday, June 18, 2013 at 10:30 a.m.; It is hereby STIPULATED and AGREED as follows:, 1. An Order shall be entered, as proposed by the parties, and attached hereto, enforcing the terms of this Stipulation and Agreement in full and final satisfaction of all claims made by each party against the other in their respective petitions for contempt and subsequent pleadings pending before the Court. 2. In order to implement and enforce paragraph number.eleven (11) of the June 10, 2010 Stipulation and Agreement, an Order shall be entered providing for the Cumberland County Domestic Relations Office to collect the sum of$400.00 per month in alimony effective November 1, 2013, with said alimony obligation ending upon the death of either party, upon Wife's cohabitation with a person of the opposite sex, on wife's remarriage, or upon husband's retirement. In the event of Husband's retirement, this alimony order shall cease accruing on the first day of the first month for which Wife receives compensation as her portion of Husband's pension. In the event arrearages exist at the time that the alimony order ceases, any outstanding arrearages shall continue to be paid at the rate of $400.00 per month until paid in full. Effective on November 1, 2013, arrearages on the Order shall be set at$10,800.00. 3. Defendant shall provide family photos and family pictures in her possession to her legal counsel within ten (10) days of the date of the Order entered on this Stipulation and Agreement. Husband's counsel shall permit Plaintiff to secure those items for the purpose of making copies of the photos and pictures. Plaintiff shall be afforded ten (10) days from the date of receipt of the items to make copies of the pictures and documents such that the items secured from Defendant's counsel shall be returned to Defendant's counsel within fourteen(14) days of Plaintiff retrieving those items. 4. Within ten (10) days of the date of the Order entered on this Stipulation and Agreement, Plaintiff shall provide compensation to Defendant's counsel in the amount of$637.50 as contribution towards Defendant's attorney's fees. 5. The parties wish to have the Order in the form attached entered .by the court resolving all matters that have been raised in the instant proceedings initiated by respective parties in their Petition for Contempt and subsequent pleadings. IN WITNESS WHEREOF,the respective parties intending to be legally bound hereby do hereby place their signatures and seals on the day and year first above written. WITNESSETH: _..../11011.111111111, I 64s I B' •.' '! � . '.i FIE Date KENNETH P. SECREST it otA q_203 , vim_ KE TH F. (�S Date CINDY J. :T s 0 • KENNETH P. SECREST, : IN THE COURT OF.COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA vs. : NO. 07-5388 CIVIL TERM C) -r CINDY J. SECREST, • ro a 4'' Defendant : Prior Judge: M. L.Ebert,Jr. z rn "1 C!) ORDER OF COURT > - ` ' AND NOW this I Z day of N Uv t wt i t r , 2013, upon presentation and consideration of the within Stipulation and Agreement, it is hereby ORDERED and DIRECTED as follows: 1. This Order shall be entered in full and final satisfaction of all claims made by each party against the other in their respective Petitions for Contempt and subsequent pleadings. 2. To implement and enforce paragraph number eleven (11) of the June 10, 2010 Stipulation and Agreement between the parties,the Cumberland County Domestic Relations Office shall collect the sum of $400.00 per month in alimony, from Plaintiff by wage attachment, effective November 1, 2013, with said alimony obligation ending upon the death of either party, upon Wife's cohabitation with a person of the opposite sex, on wife's remarriage, or upon husband's retirement. In the event of Husband's retirement, this alimony Order shall cease accruing on the first day of the first month for which Wife receives compensation of her portion of Husband's pension. In the event arrearages exist at the time that the alimony Order ceases, any outstanding arrearages, shall continue to be paid at the rate of $400.00 per month until paid in full. Effective on November 1, 2013, arrearages on the Order shall be set at$10,800.00. 3. Defendant shall provide family photos and family pictures in her possession to her legal counsel within ten (10) days of the date of this Order. Husband's counsel shall permit Plaintiff to secure those items for purposes of them making copies. Plaintiff shall be afforded ten (10) days from the date of receipt of the items to make copies of the pictures and documents such that the items secured from Defendant's counsel shall be returned to Defendant's counsel within fourteen(14) days of retrieving those items. 4. This Order is being entered in full and final satisfaction of all claims made by the parties in their respective Petitions for Contempt and subsequent pleadings filed in this matter. By the Court, M. L.Ebert, Jr., Judge Cc: Bradley L. Griffie,Esquire Attorney for Plaint Kenneth Lewis,Esquire Attorney for Defendant tom' s ifeL �� 1apa INCOME WITHHOLDING FOR SUPPORT 4=1 I c 3bla ® ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) Q AMENDED IWO _ 7 Q ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT Q TERMINATION OF IWO Date: 11/15/13 ❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must Ale retgulaf can its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154 instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 5071101852 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket information) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) PA TURNPIKE COMMISSION RE: SECREST,KENNETH P. C/O PAYROLL-ANN DAUBERT Employee/Obligor's Name(Last, First, Middle) PO BOX 67676 192-46-4272 - HARRISBURG PA 17106-7676 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Last, First, Middle) Employer/Income Withholder's FEIN 236003240 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last, First, Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/Programs/cse/forms/ OMB-0970-0154 instructions.pdf).If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 2360032400 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from the employee/ obligor's income until further notice. $ 0.00 per month in current child support $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 yeq,Piea $ 0.00 per month in current cash medical support xrri c:) $ 0.00 per month in past-due cash medical support $ 400.00 per month in current spousal support co c) $ 0.00 per month in past-due spousal support Dom' $ 0.00 per month in other(must specify) for a Total Amount to Withhold of$ 400.00 per month. r.) £- AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Oi'der75foraOtion. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 92.3.) per weekly pay period. $ 200.00 per semimonthly $ 184.L 2-per biweekly pay period (every two weeks) $ 400.00 per monthly y i period (twice a month) ( rY ) y pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No..0970-0154 Form EN-028 11/13 Service Type M Worker ID $IATT ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5)and (b)(6)or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. L14 Signature of Judge/Issuing Official (if required by State or Tribal law): 1. Print Name of Judge/Issuing Official: M.L. Ebert Jr. Title of Judge/Issuing Official: Date of Signature: NOV 18 EV13 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons,or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs,gov/programs/cse/newhire/employer/contacts/contact_map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU(e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-028 11/13 Service Type M Page 2 of 3 Worker ID$IATT Employer's Name: PA TURNPIKE COMMISSION Employer FEIN: 236003240 Employee/Obligor's Name: SECREST, KENNETH P. 5071101852 CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(See Addendum for order/docket information) Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as:State, Federal, local taxes;Social Security taxes;statutory pension contributions;and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2360032400 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsurmort.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320. CARLISLE, PA. 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-028 11/13 Service Type M Page 3 of 3 Worker ID $IATT <- ADDENDUM Summary of Cases on Attachment Defendant/Obligor: SECREST, KENNETH P. PACSES Case Number 847109306 PACSES Case Number Plaintiff Name Plaintiff Name CINDY SECREST Docket Attachment Amount Docket Attachment Amount 07-5388 CIVIL $ 400.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 11/13 Service Type M OMBNo.:0970-0154 Worker ID $IATT