HomeMy WebLinkAbout00-06249
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
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CIVIL - ACTIO .
PENNA.
WILLIAM Nc 'I'REICHLER,
Plaintiff
No. 00-6249
VERSUS
HOLLY C. TREICHLER
Defendant
DECREE IN
DIVORCE
AND NOW,
, 7J::o), IT IS ORDERED AND
DECREED THAT
William N. Treichler,~=.
, PLAINTIFF,
AND
Holly C. Treichler
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
Marital Settlement Aqreement is incorporated into but not
merqed with Divorce Decree.
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.- MARITAL SETTLEMENT AGREEMENT
Jeanne B.Costopoulos, Esquire
COSTOPOULOS & WELCH
1400 North Second Street
Harrisburg, P A 171 02
Telephone: (717)221-0900
Counsel for Holly C. Treichler
BY AND BETWEEN
HOLLY C. TREICHLER
AND
WILLIAM N. TREICHLER, SR.
Karl E. Rominger, Esquire
ROMINGER LAW OFFICES
155 South Hanover Street
Carlisle, PA 17013
Telephone: (717) 241-6070
Counsel for William N. Treichler, Sr.
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made this !1.cL." day of".' ; " i
. 2002, by and
between HOLLY C. TREICHLER and WILLIAM N. TREICHLER, SR.:
WITNESSEm:
WHEREAS, the parties. William N. Treichler, Sf. (hereinafter referred to as "Husband") and
Holly C. Treichler (hereinafter referred to as "Wife") are husband and wife, having been lawfully on
February 11. 1994 in York County, Pennsylvania.
WHEREAS, one child was born of the marriage between the parties, namely, Renae Elizabeth
Treichler, born September 15, 1992,
WHEREAS, the parties hereto are desirous of sett1ing fully and finally their respective financial
and property rights and obligations as between each other, including, without limitation, the settling of all
matters between them relating to the ownership of real and personal property, the support and maintenance
of one another and. in general, the settling of any and all claims and possible claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants
and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each
intending to be legally bound hereby. covenant and agree as follows:
1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have
been fully explained to the parties by their respective attorneys. Each party acknowledges that he or she
has received independent legal advice from counsel of his or her selection, and that each fully understands
the facts and has been fully informed as to his or her legal rights and obligations, and each party
acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being
entered into freely and voluntarily, after having received such advice and with such knowledge, and that the
execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of
any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or
she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce
Code. whereby the court has the right and duty to detennine all marital rights of the parties including
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divorce, alimony. alimony pendente lite, equitable distribution of all marital property or property owned or
possessed individually or jointly, counsel fees and costs of litigation and, fully knowing the same and being
fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement,
acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the
parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County,
or any other court of competent jurisdiction, make any determination or order affecting the respective
parties' rights to alimony, alimony pendente !@, support and maintenance. equitable distribution, counsel
fees and costs of litigation,
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is
aware ofhis or her right to seek discovery, including but not limited to, written interrogatories, motions for
production of documents, the taking of oral depositions, the filing of inventories, and all other means of
discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure.
Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital
property under Pennsylvania law and each is aware of his or right to have the real and/or personal property,
estate and assets. earnings and income of the other assessed or evaluated by the courts of this
Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there
has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether
such are held jointly or in the name of one party alone. Each party agrees that any right to further
disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and
the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby
acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and
equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself
and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or
indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any
fraud, duress, undue influence or that there was a failure to have available full, proper and independent
representation by legal counsel.
3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and
apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the
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other. Each may reside at such place or places as he or she may select. Each may, for his or her separate
use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to
him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or
the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any
means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereinafter acquired by the other.
4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on September 12,
2000 Husband initiated a divorce action, which included a counts in divorce under both 3301(a) and
3301(c) of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 2000-
6249. Although Wife admits and concedes that she engaged in an adulterous relationship while married as
defined by Section 330I(a)(Z) of the Divorce Code, Husband agrees to proceed with finalization of the
divorce under section 3301(c) of the Divorce Code. It is the intention of the parties, and the parties agree,
that by this Agreement they have resolved all ancillary issues, economic and otherwise, related to their
divorce. The parties agree that each will sign an Affidavit of Consent to Divorce and Waiver of Notice of
Intention to Request Entry of Divorce Decree contemporaneously with this Agreement and deliver same to
counsel for Husband, who shall within five (5) days of receipt of said documents promptly submit said
affidavits and waivers to the court along with a Praecipe to Transmit Record and proposed Decree in
Divorce incorporating this Agreement and any and all other documents necessary to precipitate the prompt
entry of a divorce decree.
5. EOUITABLE DISTRIBUTION.
<a) Marital Residence. The parties acknowledge that they are the owners of a
mobile home currently located in Cumberland County, Pennsylvania (hereinafter referred to
as the "Marital Residence"). The parties agree as follows with respect to the Marital
Residence:
(I) The parties agree that WIfe shall have exclusive possession of the marital
residence as of November I, 2001.
(2) Commencing on November I, ZqOI, Wife shall be solely responsible for all
costs, expenses and liabilities associated with or attributable to the Marital
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Residence, regardless of when such cost or liability arose, including, but not
limited to, the existing loan on the residence. lot rent, insurance premiums,
utilities, maintenance and repairs, and Wife shall keep Husband and his
successors, assigns, heirs, executors and administrators indemnified and held
harmless from any liability, cost or expense, including actual attorneys fees,
which may be incurred in connection with such liabilities and expenses or
resulting from Husband's ownership interest in the Marital Residence. Further,
Wife shall make every reasonable effort to transfer all loans, contracts, utilities,
or other bills, debts, or obligations relating to the marital residence, into her
name solely within a reasonable time following execution of this agreement.
Wife shall fully cooperate with Husband and Husband shall fully cooperate with
Wife in effectuating the terms of this paragraph.
(3) If WIfe at any time in the future either cannot afford to continue residing in the
marital residence or no longer desires to continue residing in the marital
residence, Husband shall have the option of assuming the marital residence as
well as all rights and obligations Wife had originally assumed pursuant to
paragraphs 5(a)(I) and 5(a)(2) above. If Husband declines the option of
assuming the marital residence and accompanying financial obligations, the
residence shall be sold and any proceeds from the sale shall be divided equally
between the parties.
(4) In the event WIfe obtains refinancing and is able to transfer all loans, contracts,
utilities, or other bills, debts, or obligations relating to the marital residence, into
her name solely, or if she otherwise removes Husband's name from all loans,
contracts, utilities, or other bills, debts, or obligations relating to the marital
residence, Husband shaI1 immediately convey to Wife his entire right, title,
claim and interest in the Marital Residence. The parties shall cooperate with the
signing of any titles or other documents necessary to effectuate the terms of this
subparagraph.
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(b) Fnmisbin2S and Personaltv. The parties agree that they have divided by
agreement between themselves all furnishings and personalty located in the Marital Residence.
including all furniture, furnishings. antiques, jewelry, rugs, carpets, household appliances and
equipment. Any personalty or furnishings remaining in the Marital Residence as of the execution
date oftbis Agreement shall be and remain Wife's sole and separate property, free of any and all
right, title, claim or interest of Husband. Any personalty or furnishings now located in Husband's
current residence as of the execution date of this Agreement shall be and remain Husband's sole
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and separate property, free of any and all right, title, claim or interest of Wife.
(c) Motor Vehicles. Wife agrees that Husband shall retain possession of and receive as
his sole and separate properly the truck he currently drives as well as any other vehicles currently
titled in his name solely, along with all rights under any insurance policies thereon and with all
responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
thereon, free of any and all right, title, claim or interest of Wife. Husband shall inde1lllliJy and hold
Wife and his property harmless from any all liability, cost or expenses, including actual attorney's
fees, incurred in connection with said vehicles. Husband agrees that Wife shall retain possession
of and receive as her sole and separate property any motor vehicles currently titled in Wife's
name. along with all rights under any insurance policies thereon and with all responsibility for
payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and
all right, title. claim or interest of Husband. Wife shall indemnifY and hold Husband and his
property harmless from any and all liability, cost or expense, including actual attorneys fees,
incurred in connection with said vehicles. Any vehicles owned jointly by the parties shall be
signed over to the party who shall retain possession of said vehicle in which case the party
retaining possession shall retain possession of and receive as his or her sole and separate property
said vehicle(s), along with all rights under any insurance policies thereon and with all
responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
thereon, free of any and all right, title, claim or interest of the other party not retaining possession
of said vehicle and shall indemnifY and hold the other and his or her properly harmless from any
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and all liability. cost or expense, including actual attorneys fees, incurred in connection with said
vehicle( s).
(d) Pension and Retirement Benefits. WIfe and Husband each hereby specifically
releases and waives any and all right, title, claim or interest that he or she may have in and to any
and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred
compensation plans, 40 I (k) plans, employee savings and thrift plans, individual retirement
accounts or other similar benefits) of the other party, specifically to include a waiver of any
spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they
shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be
required from time to time to accomplish the purposes of this subparagraph.
(e) Cash Accounts. Stocks and Investments.
(I) Wife agrees that Husband shall retain as his sole and separate property, free
from any and all right, title, claim or interest of Wife, any and all stocks, bonds,
investments, sums of cash in savings or checking accounts, mutual funds. stock
accounts, or any other assets of a similar nature which now are titled in
Husband's name alone.
(2) Husband agrees that WIfe shall retain as her sole and separate property, free
from any and all right, title, claim or interest of Husband, any and all stocks,
bonds, investments, sums of cash in savings or checking accounts, mutual funds,
stock accounts, or any other assets of a similar nature which now are titled in
Wife's name alone.
(3) Both parties agree that neither shall access the other's financial accounts in any
manner, whether electronically or by other means. All joint financial accounts
have been closed and the proceeds divided between the parties. Further. each
party warrants and represents that all joint credit accounts have been closed and
the balances on those accounts paid in full. Each party warrants and represents
that he and she have paid in full all obligations on joint credit accounts for
which the other party was liable,
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(t) Miscellaneous Pronertv. As of the execution date of this Agreement, any and
all property not specifically addressed herein shall be owned by the party to whom the
property is titled; and if untitled, the party in possession. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
each to the other.
(g) Pronertv to Wife. The parties agree that Wife shall own. possess, and enjoy,
free from any claim of Husband, the property awarded to her by the terms of this Agreement.
Husband hereby quitclaims, assigns and conveys to Wife all sucb property, and waives and
relinquishes any and all rights thereto, together with any insurance policies covering that property,
and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill
of sale to evidence the transfer of any and all rights in such property from Husband to Wife.
(b) Pronertv to Husband. The parties agree that Husband shall own. possess, and
enjoy. free from any claim of Wife. the property awarded to him by the teoos of this Agreement.
WIfe hereby quitclaims, assigns and conveys to Husband all such property, and waives and
relinquishes any and all rights thereto, together with any insurance policies covering that property,
and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill
of sale to evidence the transfer of any and all rights in such property from Wife to Husband.
(i) Assumntion of Encumbrances.
(I) Commencing on the execution date of tbis Agreement, Husband sha11 be solely
responsible for any and all liabilities he has personally incurred after March 1,
2000 as well as the Member's First personal loan and his truck payment and
insurance.
(2) Wife sha11 be solely responsible for any and all liabilities she has personally
incurred after March 1, 2000. Wife sha11 be solely responsible for payment of
all financial obligations associated with the marital residence as set forth in
subparagraph 5(a)(2) above as well as the following:
(a) Carol Smeigh loan
(b) PP&L electric bill related to the marital residence.
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(c) Sears
(d) Gateway
(e) Citifinancial personal loan
(f) Her car Payment
(g) Her car insurance
(3) Unless otherwise provided herein, each party hereby assumes the debts,
encumbrances. taxes and liens on all the property each will hold subsequent to
the effective date of this Agreement. Each party agrees to indemnifY and hold
harmless the other party and his or her property from any claim or liability that
the other party will suffer or may be required to pay because of the debts,
encumbrances or liens assumed by the other pursuant to this Agreement.
(j) Liabilitv Not Listed. Each party represents and warrants to the other that he or
she has not incurred any debt, obligation or other liability, other than those described in this
Agreement, on which the other party is or may be liable. A liability not disclosed in this
Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it,
and such party agrees to pay it as the same shall become due, and to indemnify and hold the other
party and his or her property harmless from any and all such debts, obligations and liabilities.
(k) Indemnification of Wife. If any claim, action or proceeding is hereafter
initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this
Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or
proceeding, whether or not well-founded, and indemnify her and her property against any damages
or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney
fees actually incurred by Wife in connection therewith.
(I) Indemnification of Husband. If any claim, action or proceeding is hereafter
initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this
Agreement, Wife will, at her sole expense. defend Husband against any such claim, action or
proceeding, whether or not well-founded, and indemnify him and his property against any
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damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable
attorney fees actually incurred by Husband in connection therewith.
(m) Warrantv as to Future Oblif!ations. Husband and Wife each represents and
warrants to the other that he or she will not any time in the future incur or contract any debt,
charge or liability for which the other, the other's legal representatives, property or estate may be
responsible. From the date of execution of this Agreement. each party shall use only those credit
cards and accounts for which that party is individually liable. Each party hereby agrees to
indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or
expense whatsoever, including reasonable attorney fees actually incurred in the event of breach
hereof.
6. W AlVER OF AUMONY. ,Husband and Wife hereby expressly waive, discharge and
release any and all rights and claims which he or she may have now or hereafter by reason of the parties'
marriage to alimony, alimony pendente!@, support and/or maintenance or other like benefits resulting
from the parties' status as husband and wife. The parties further release and waive any rights they may
have to seek modification of the tenus of this paragraph in a court of law or equity, it being understood that
the foregoing constitutes a final determination for all time of either party's obligation to contribute to the
support and maintenance of the other.
7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible
for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the
dissolution of their marriage, and the preparation and execution of this Agreement.
8. CHILD CARE. The parties agree to equally divide the cost of daycare for their
daughter during the summer months when she is not in school. ht addition, each party agrees that he or she
will cooperate with the other and with their daughter to complete any forms or provide any information
necessary for their daughter to apply for and/or obtain financial aid, grants and/or scholarships in pursuit of
an education beyond the high school level. The parties' obligations pursuant to this subparagraph are
limited to assisting their daughter to obtain financing for post-high school education and in no way
obligates either party to contribute to tuition or other costs associated with their daughter's post-high school
education.
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9. FEDERAL TAX DEDUCTION. The parties agree that beginning in the 2002 tax year
and all even numbered years thereafter, Wife shall claim the child as a dependent for tax deduction
purposes and that beginning in the 2003 tax year and all odd years thereafter, Husband shall claim the child
as a dependent for tax deduction purpose.
10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in
this Agreement, as of the execution date of this Agreement, Husband and'Wife each waives all rights of
inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in
which the other has an interest, and each of the parties waives any additional rights which said party has or
may have by reason of their marriage, except the rights saved or created by the terms of this Agreement.
This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights
provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the
Pennsylvania Divorce Code.
11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set
forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all
rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation
which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions
and retirement plans of any sort or nature. deferred compensation plans, life insurance policies, annuities,
stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party
expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary
designations naming the other which are in effect as of the date of execution of this Agreement. If and in
the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased party.
12. RELEASE OF CLAIMS.
(a) WIfe and Husband acknowledge and agree that the property dispositions provided for
herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502
of the Divorce Code, and Wife and Husband hereby waive any right to division of their
property except as provided for in this Agreement. Furthermore. except as otherwise
provided for in this Agreement, each of the parties hereby specifically waives, releases,
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renounces and forever abandons any claim. right, title or interest whatsoever he or she
may have in property transferred to the other party pursuant to this Agreement or
identified in this Agreement as belonging to the other party, and each party agrees never
to assert any claim to said property or proceeds in the future. However, neither party is
released or discharged from any obligation under this Agreement or any instrument or
document executed pursuant to this Agreement. Husband and Wife shall hereafter own
and enjoy independently of any claim or right of the other, all items of personal property.
tangible or intangible, acquired by him or her from the execution date of this Agreement
with full power in him or her to dispose of the same fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations
which either party may have or at any time hereafter has for past, present or future
support or maintenance, alimony pendente ~ alimony, equitable distribution, counsel
fees. costs, expenses, and any other right or obligation, economic or otherwise, whether
arising out of the marital relationship or otherwise, including all rights and benefits under
the Pennsylvania Divorce Code of 1980, its supplel)1ents and amendments, as well as
under any other law of any other jurisdictiOn, except and only except all rights and
obligations arising under this Agreement or for the breach of any of its provisions.
Neither party shall have any obligation to the other not expressly set forth herein.
( c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally
releases and forever discharges the other and his or her heirs, executors, administrators,
assigns, property and estate from any and all rights, claims, demands or obligations
arising out of or by virtue of the marital relationship of the parties whether now existing
or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the
other or by way of dower. curtesy, widow's or widower's rights. family exemption or
similar allowance, or under the intestate laws or the right to take against the spouse's will,
or the right to treat a lifetime conveyance by the other as testamentary or all other rights
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of a surviving spouse to participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or territory of the United States. or
any other country.
(d) Except for the obligations of the parties contained in this Agreement and such rights as
are expressly reserved herein, each party gives to the other by the execution of this
Agreement an absolute and unconditional release and discharge from all causes of action,
claims, rights or demands whatsoever in law or in equity, which either party ever had or
now has against the other.
13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of
four (4) years from the date of their divorce decree all financial records relating to the marital estate, and
each party will allow the other party access to those records in the event of tax audits.
14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall
be effective unless in writing signed by each of the parties hereto.
15. BREACH. If either party to this Agreement resorts to a lawsuit or other legal action
pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement,
the prevailing party shaII be entitled to recover his or her reasonable out of pocket expenses, including but
not limited to reasonable counsel fees, actually incurred. from the other as a part of the judgment entered in
such, as the same shall be determined by the Court, unless the Court determines that the action was
reasonable instituted and defended, and, in that event, the parties shall bear their own expenses and attorney
fees. Provided, however, that neither party shall be liable for the other parties' expenses incurred in any
child custody or child support action instituted to change the parties' respective rights and obligations with
respect to child custody or child support as specifically set forth in this Agreement.
16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by
the other party will not be deemed a waiver of any other breach or any provision of this Agreement.
17. NOTICE. Any notice to be given under this Agreement by either party to the other shall
be in writing and may be effected by certified mail, return receipt requested, or alternatively may be
effected by regular mail to the party's attorney of record. .
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18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and
enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict
of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement.
19. DATE OF EXECUTION. The "date of execution" or "execution date" of this
Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the
same date, or if not on the same date, then the date on which the Agreement was signed by the last party to
execute this Agreement.
20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both
parties on the execution date.
21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This
Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a
reconciliation, cohabit as hushand and wife or attempt to effect a reconciliation. This Agreement also shall
continue in full force and effect in the event of the parties' divorce. There shall be no modification or
waiver of any of the tenns hereof unless the parties in writing execute a statement declaring this Agreement
or any term of this Agreement to be null and void.
22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the
several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not
constitute a part of this Agreement nor shall they affect its meaning, construction or effect.
23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind
the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and
successors in any interest of the parties.
24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read
this Agreement, including any and all other documents to which it refers, such other documents being
incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her
own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this
instrument expresses the entire agreement between the parties concerning the subjects it purports to cover
and supersedes any and all prior agreements between the parties. This Agreement should be interpreted
fairly and simply, and not strictly for or against either of the parties.
Initials: ~ 13
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25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the
other any deeds, hills of sale, assignments, consents to change of beneficiary designations, tax returns, and
other documents, and shall do or cause to be done every other act or thing that may be necessary or
desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on
demand to comply with these provisions, that party shall pay to the other party all reasonable attorney fees,
costs, and other expenses actually incurred as a result of such failure.
26. ENFORCEMENT RIGHTS. The parties shall have the right to enforce this Agreement
under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this Agreement as an independent contract. Such remedies in law or equity are specifically not
waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their
acknowledgments.
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mIAM N. TREICHLER, SR
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WITNESS
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COMMONWEALTH OF PENNSYLVANIA
COUNTY of(jtIJH..AtJa1t./ '
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BEFORE ME, the undersigned authority. on this day personally appeared HOLLY C.
TREICHLER, known to me to be the person who executed the foregoing instrument. and who
acknowledged to me that she executed same for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
1~- ' ,2002.
, 1,~ d.
day of
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,Notary lic m and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
(beile J . /J111.L1//!/
My commission expires:
Notarial Seal
Bette J. Marlin, Notaor PUbllQ
Middlesex Twp., Cumberland county.
My CommIssIOn Expires July 31, 2004
Member, PennsylVaniaAssociationotNotaries
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF CUMBERLAND )
On this, the J .'5'11) day of JLl b.,t.- ,2002, before me the undersigned officer;
personally appeared Karl E. Rominger, l3l;quire, known to me to be a member of the bar of the
highest court of the said Commonwealth, Supreme Court ID Number 81924, and a subscribing
witness to the within instrument, and certify that he was personally present when William N.
Treichler, Sr., whose name1s subscribed to the within instrument executed the same; and that said
person acknowledged that he executed the same for the purposes therein contained.
WITNESS my hand and seal the day and year aforesaid.
/~~ --
L/ / otary Public
Notarial Seal .
Usa M. Greason. Notary Public
Carlisle Bora, CumbertandCounty
My Commission Expires Sept. 9. 2002
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WILLIAM N, TREICHLER, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
HOLLY C. TREICHLER,
Defendant
NO. 00-6249 - CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Grounds for divorce: irretrievable breakdown under S 3301(c) of the Divorce
Code.
2. Date and manner of service ofthe Complaint: Acceptance of Service, January 12,
2002.
3. Date of execution of the affidavit of consent required by S 3301(c) or The Divorce
Code: by the Plaintiff July 17,2002; by the Defendant July 17,2002.
4. Related claims pending: None
5. Date Plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: July 17, 2002.
Date Defendant's Waiver of Notice in S3301(c) Divorce was filed with the
Prothonotary: July 17,2002.
Date: July 18, 2002
-/ I...
-,
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID No. 81924
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WILLIAM N. TREICHLER, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Defendant
: CIVIL ACTION - LAW
: :J,:lt/t
: NO.QV _l. CIVIL TERM
: IN DIVORCE
v.
HOLLY C. TREICHLER,
NOTICE
yOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following Complaint, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so, the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE mE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Phone: (717) 249-3166
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WILLIAM N. TREICHLER, SR.,
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL Y ANIA
: CIVIL ACTION - LAW
: NO.01J ),).~k TERM
: IN DIYORCE_
v.
HOLLY C. TREICHLER,
COMPLAINT IN DIVORCE
Plaintiff, by his attorney Karl E. Rominger respectfully represents:
1. Plaintiff is William Treichler Sr., who currently resides at 7073 Carlisle Pike Lot
14 Carlisle, PA 17013.
2. Defendant is Holly Treichler, who currently resides at 411 West North Street
Carlisle, PA 17013.
3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the
Commonwealth of Pennsylvania for a period of more than six (6) months
immediately preceding the filing of this Complaint.
4. The parties were married on the eleventh day of February, 2000, at
Commonwealth of Pennsylvania. A true copy of the original marriage certificate
is attached hereto, made a part hereof and marked Exhibit "A."
5. Neither Plaintiff nor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief
Act of the Congress of 1940 and its Amendments.
6. There have been no prior actions of divorce or annulment between the parties in
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this or any other jurisdiction.
7. Plaintiff has been advised of the availability of counseling and that Plaintiff may
have the right to request the parties to participate in counseling.
COUNT I: DIVORCE
8. The causes of action and sections of the Domestic Relations Code under which
Plaintiff is proceeding are:
Section 3301 (a)(6). Defendant has offered such indignities to Plaintiff,
the innocent and injured spouse, as to render his condition intolerable and life
burdensome.
Section 3301 (a)(2). Defendant committed adultery continuously from
February II, 1994 until some time in 1997 with Mike Wesson. Defendant also
committed adultery continuously from at least September 6, 2000 until now with
Rob Henderson.
Section 3301 (a)(I). Defendant willfully and maliciously deserted
Plaintiff, the iunocent and injured spouse, and has been absent from the habitation
of Plaintiff, without a reasonable cause.
WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in
Divorce, divorcing Plaintiff and Defendant.
COUNT II: REOUEST FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 (d) OF THE DOMESTIC RELATIONS CODE
9. The prior paragraphs of this Complaint are incorporated by reference.
10. Plaintiff and Defendant have acquired property, both real and personal, during
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their marriage.
11. Plaintiff and Defendant have been unable to agree to an equitable distribution of
said property.
WHEREFORE, Plaintiff respectfully requests the Court to enter an Order
equitably distributing the parties marital property pursuant to Section 3502 (d) of the
Divorce Code.
COUNT ill: REOUEST FOR AFFROV AL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTIONS 3104
(3) AND 3323 (b) OF THE DOMESTIC RELATIONS CODE
12. The prior paragraphs of this Complaint are incorporated by reference.
13. The public policy of the Commonwealth of Pennsylvania encourages parties to a
marital dispute to negotiate a fair and reasonable settlement of all matters with
Defendant.
14. The parties may enter into a written agreement with regard to support, custody,
visitation of children, alimony and property division. In the event that such an
agreement is executed by the parties, Plaintiff desires that such written agreement
be approved by the Court and incorporated, but not merged, in any divorce decree
dissolving the marriage between the parties.
WHEREFORE, if a written statement is reached between the parties prior to the
time of the hearing on this Complaint, Plaintiff respectfully requests that, pursuant to
Section 3104 (a)(I) and (3) and 3323 (b) of the Divorce Code, the Court approve and
incorporate, but not merge, such agreement in the final divorce decree.
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COUNT IV: NO FAULT DIVORCE
15. The prior paragraphs of this Complaint are incorporated by reference.
16. The cause of action and section of the Domestic Relations Code under which
Plaintiff is proceeding are:
Section 3301 (c). The marriage of the parties is irretrievably broken.
After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that
Defendant may also file such and Affidavit. .
WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree in Divorce,
divorcing the Plaintiff and Defendant.
. ted,
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ill # 81924
Attorney for William N. Treichler, Sf.
Dotol5ep+ /2; 2000
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WILLIAM N. TREICHLER, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: CIVIL ACTION - LAW
HOLLY C. TREICHLER,
Defendant
: NO. CIVIL TERM
: IN DIVORCE_
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for William N. Treichler, Sr., do hereby certifY that
I this day served a copy of the Complaint in Divorce upon the following by depositing same in
the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as
follows:
Jeanne B. Costopoulos, Esquire
1400 North Second Street
Harrisburg, P A 17102
Dated: 5fJ1-J /1/2ct?C
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Karl E. Rominger, Esquire
Attorney for William Treichler, Sr.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No, 00-6249
HOLLY C, TREICHLER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
ACCEPTANCE OF SERVICE
I, Jeanne B. Costopoulos, Esquire, attorney for the above-named Defendant, accept scrvice of
the Complaint in Divorce filed at the above term and docket number on behalf of my client, Holly C.
Treichler, for whom I am authorized to accept service,
Date:
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J~B. CostopoulOS,~
COSTOPOUWS & WELCH
1400 N. Second Street
Harrisburg,PA 17102
Phone: (717)221-0900
Pa. S, Ct, ill No. 68735
ATTORNEY FOR DEFENDANT
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
HOLLY C, TREICHLER,
Defendant
NO. 00-6249 - CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
September 12,2000,
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree,
I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa, C,S, S 4904, relating to
unsworn falsification to authorities,
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No. 00.6249
HOLLY C, TREICHLER,
Defendant
: CIVIL ACTION - LAW
: DNORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on
September 12,2000,
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree,
4, I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C.S, S4904 relating to
unsworn falsification to authorities,
Date:~
Signature:
Holly
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No. 00-6249
HOLLY C, TREICHLER,
Defendant
: CIVIL ACTION - LAW
: DNORCE
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(~ OF THE DIVORCE CODE
1, I consent to the entry of a fmal decree of divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if! do not claim them before a divorce is granted,
3, I understand that I will not be divorced until a divorce decree is entered by the Court and
that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary,
4. I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.s, ~4904 relating to
unsworn falsification to authorities,
Dated: .1h10'2.-
Si_W4r:t;J
Holly C. reichler
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
HOLLY C, TREICHLER,
Defendant
: NO. 00-6249
CIVIL TERM
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 3301(c) OF THE DIVORCE CODE
I, I consent to the entry of a final decree of divorce without notice,
2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if! do not claim them before a divorce is granted.
3, I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of18 Pa, C,S, 94904, relating to unsworn falsification
to authorities,
Date: /j-/ & 'I? Z-
AJJf /'\ d '7 ^-
William N, Treichler, Sf.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: CIVIL ACTION - LAW
HOLLY C, TREICHLER,
Defendant
: NO, 00-6249- CIVIL TERM
: IN DIVORCE
PRAECIPE TO WITHDRAW EOUlT ABLE DISTRIBUTION IN DIVORCE
TO THE PROTHONOTARY:
Please withdraw the Equitable Distribution Clause in the above captioned Divorce as the
parties have come to an agreement, which has been filed of record.
Respectfully submitted,
ROMINGER & BAYLEY
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Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Plaintiff
Date: July 18,2002
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WILLIAM N, TREICHLER, SR.,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: No, 00-6249
HOLt Y C, TREICHLER,
Defmdant
: CIVIL ACTION - AT LAW
: DIVORCE
ORDER OF COURT
AND NOW this ~ day of -VV/2 > ~ t
, 2002, upon consideration of
Defendant's Motion to Compel Discovery Responses, and, as P1aintiffhas not responded to the Rule
issued by This Honorable Court on February 13, 2002, it is hereby ORDERED that Plaintiff shall
'2.0
provide Defendant's counsel responses to her discovery requests within U, _ ~ days of service of this
Order, It is fh'tll.... goSeFeti dud. PhJ1.tiff pay Defendant's El611f16e1 f'*" .cjbu<:d w the Motion tv Compd
iIUhe alllUlltlt or ~jUU,UU wldtin tv,Mty (29) says gff.......,;"o gflhl. O.ae.
BY THE COURT:
DistrIbution:
/~, Rominger, Esquire
/' Attorney for Plaintiff
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/-feanne B, Costopoulos, Esquire
Attorney for Defendant
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WlLLIAMN, TREICHLER, SR.,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: No, 00-6249
HOLLY C, TREICHLER,
Defendant
: CIVIL ACTION -AT LAW
: DNORCE
TO THE HONORABLE J, Wesley Oler, Jr" JUDGE OF SAID COURT:
PETmON TO MAKE RULE ABSOLUTE
AND NOW COMES the Defendant, Holly C, Treichler, by and through her attorney,
Jeanne B, Costopoulos, Esquire, ofCostopoulos and Welch, and files the following Petition,
respectfully representing as follows:
1. On or about February 5, 2002, Defendant's Motion to Compel Discovery
Responses was filed,
2, On February 13, 2002, This Honorable Court issued a Rule upon Plaintiff to show
cause why the relief requested in the aforementioned Motion should not be granted; the Rule was
returnable within twenty (20) days of service, See, Order of Court dated February 13,2002,
presented herewith as Exhibit A.
3, Plaintiff's attorney, Karl E, Rominger, Esquire, received a copy of the Rule on
February 19,2002, See, certified receipt showing delivery on February 19,2002, presented
herewith as Exhibit B,
4, As of this date, March 12, 2002, the Plaintiff has filed no response,
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5, Additionally, Plaintiff also requested counsel fees in the amount of $300,00 related
to the costs of preparing the aforementioned motion,
WHEREFORE, counsel prays this Honorable Court will make its Rule to Show Cause
absolute, and enter an Order compelling Plaintiff to provide Defendant's counsel responses to her
discovery requests within five (5) days of service of such Order and, further, ordering Plaintiff to
pay Defendant's counsel fees in the amount of $300,00,
Respectfully submitted,
Date:
1/n1JI-
Jeann~stopoulOS' Esquire
COSTOPOULOS & WELCH
1400 North Second Street
Harrisburg, Pennsylvania 17102
Telephone: (717) 221-0900
Fax: (717) 221-0904
ATTORNEY FOR PETITIONER
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WlLLIAMN. TREICHLER, SR.,
plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: No, 00-6249
HOLLY C, TREICHLER,
Defendant
: CIVIL ACTION -ATLAW
: DIVORCE
ATTORNEY VERIFICATION
Undersigned counsel, Jeanne B, Costopoulos, Esquire, hereby verifies and states that:
1. She is authorized to make this verification on Defendant's behalf
2, The facts set forth in the foregoing motion are known to her and not necessarily to
her client.
3, The facts set forth in the foregoing motion are true and correct to the best of her
knowledge, information and belief
4, She is aware that false statements herein are made subject to the penalties of 18
Pa,C,S, 94904 relating to unsworn falsification to authorities,
Date:
7/ fila;)
J~ulE'
eanne , ostopo os, sqUlfe
COSTOPOULOS & WELCH
1400 N, Second Street
Harrisburg,PA 17102
(717) 221-0900
Supreme Ct. ill No, 68735
ATTORNEY FOR DEFENDANT
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WlLLIAMN, TREICHLER, SR,
Plaintiff
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: No, 00-6249
HOLLY C. TREICHLER,
Defendant
: CIVIL ACTION - AT LAW
: DNORCE
CERTIFICATE OF SERVICE
I, Jeanne B, Costopoulos, Esquire, hereby certifY that I am this day serving a copy of the
foregoing document upon the person, and in the manner, indicated below, which service satisfies the
requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the United
States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as
follows:
Karl E, Rominger, Esquire
155 South Hanover Street
Carlisle,PA 17013
Dated:
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Jeanne B, Costopoulos, Esquire
1400 North Second Street
Harrisburg, Pennsylvania 17102
P A Supreme Court ill No, 68735
Telephone: (717) 221-0900
ATTORNEY FOR PETITIONER
EXHIBIT A
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WILLIAM N. TREICHLER, SR,,: IN THE COURT OF COMMON PLEAS OF
Plaint,iff CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
HOLLY C, TREICHLER,
Defendant
NO, 00-6249 CIVIL TERM
ORDER OF COURT -
AND NOW, this 13th day of February, 2002, upon consideration of Defendant's
Motion to Compel Discovery Responses, a Rule is hereby issued upon Plaintiff to show
cause why the relief requested should not be granted,
RULE RETURNABLE within 20 days of service,
BY THE COURT,
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1. Wesley Oler/J " G,
Karl E. Rominger, Esq,
155 South Hanover Street
Carlisle, P A 17013
Attorney for Plaintiff
Ae nrieB, Costopoulos, Esq,
400 North Second Street
Harrisburg, PA 17102
Attorney for Defendant
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WILLIAM N, TREICHLER, SR.,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
HOLLY C. TREICHLER,
Defendant
NO. 00-6249 CIVIL TERM
ORDER OF COURT
AND NOW, this 13th day of February, 2002, upon consideration of Defendant's
Motion to Compel Discovery Responses, a Rule is hereby issued upon Plaintiff to show
cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service,
BY THE COURT,
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Karl E. Rominger, Esq.
155 South Hanover Street
Carlisle, PA 17013
Attorney for Plaintiff
Jeanne B. Costopoulos, Esq,
1400 North Second Street
Harrisburg, PA 17102
Attorney for Defendant
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WILLIAM N, TREICHLER, SR.,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 00-6249
HOLLY C, TREICHLER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
ORDER OF COURT
AND NOW, this
day of
, 2002, upon consideration of
Defendant's Motion to Compel Discovery Responses, it is hereby Ordered that Defendant shall
provide Defendant's counsel responses to her discovery requests within five (5) days of service
of this Order, It is further ordered that Plaintiff pay Defendant's counsel fees related to the
Motion to Compel in the amount of $300,00 within twenty days of service of this Order,
BY TIlE COURT:
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WILLIAM N, TREICHLER, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No, 00-6249
HOLLY C, TREICHLER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES
AND NOW comes the Defendant, Holly C, Treichler, by and through her attorney,
Jeanne B, Costopoulos, Esquire, and respectfully submits the following in support of this
Motion:
1. Petitioner, Holly C, Treichler, is the Defendant in the above captioned divorce action,
2, Respondent, William N, Treichler, Sr" is the Plaintiff in the above captioned divorce
action,
3, Respondent filed the current divorce action on September 12, 2000,
4, Undersigned counsel served formal discovery requests on Respondent's counsel, Karl E.
Rominger, Esquire, on December 14,2001, via certified mail, (See attached Exhibit A),
5, In accordance with Pa.R.C,P, ~4006(a)(2), Respondent had thirty (30) days to answer the
discovery requests; in the alternative, Respondent could have objected to said requests
within the same timeframe,
6, As of the date of filing of this Motion, undersigned counsel has not received responses to
the discovery requests that were received by Respondent's counsel on December 14,
2001.
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7. Responses to Petitioner's discovery requests must be received before she can petition for
appointment of a master,
8, Petitioner has incurred legal fees in the amount of $300,00 for the filing of this Motion,
9, Respondent's failure to provide responses to Petitioner's discovery requests constitutes
dilatory conduct. Therefore, the court may award attorney's fees.
WHEREFORE, Petitioner/Defendant respectfully requests that Respondent/Plaintiffbe
Ordered to provide responses to her discovery requests within five days and pay attorneys fees in
the amount of $300, 00 within 20 days of receipt of an Order of Court,
RESPECTFULLY SUBMITTED:
Dated:
{ I~/! dJ-
Jeann' ,Costopoulos, Esquire
COSTOPOULOS & WELCH
1400 North Second Street
Harrisburg, Pennsylvania 17102
PA Supreme Court ill No, 68735
Telephone: (717) 221-0900
Fax: (717)221-0904
ATTORNEY FOR DEFENDANT
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WILLIAM N, TREICHLER, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No, 00-6249
HOLLY C, TREICHLER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
ATTORNEY VERIFICATION
Undersigned counsel, Jearme B, Costopoulos, Esquire, hereby verifies and states that:
1. She is the attorney of record for Holly C, Treichler, Defendant.
2, She is authorized to make this verification on her behalf
3, The facts set forth in the foregoing motion are known to her and not necessarily to
her client.
4, The facts set forth in the foregoing motion are true and correct to the best of her
knowledge, information, and belief,
5, She is aware that false statements herein are made subject to the penalties of 18
Pa,C,S, 4904 relating to unsworn falsification to authorities.
BY:
Dated: (11/ /d 1--
Je e B, Costopoulos, Esquire
COSTOPOULOS & WELCH
1400 North Second Street
Harrisburg, P A 171 02
(717) 221-0900
P A Supreme Ct. ill No, 68735
ATTORNEY FOR DEFENDANT
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WILLIAM N, TREICHLER, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs,
: No, 00-6249
HOLLY C, TREICHLER,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
CERTIFICATE OF SERVICE
I, Jeanne B, Costopoulos, Esquire, hereby certifY that I am this day serving a copy of the
foregoing document upon the persons, and in the manner, indicated below, which service
satisfies the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same
with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid,
and addressed as follows:
Karl E. Rominger, Esquire
155 S, Hanover Street
Carlisle, PA 17013
BY:
Dated: Ift/ /0 ~
Je e B, Costopoulos, Esquire
OSTOPOULOS & WELCH
ATTORNEY FOR DEFENDANT
1400 N, Second Street
Harrisburg, P A 171 02
Phone: (717) 221-0900
Supreme Ct. ill No, 68735
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EXHIBIT A
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Jeanne B. Costopoulos, Esquire
Allen C Welch, Esquire
Sharon L Reisinger, Paralegal
COSTOPOULOS & WELCH
Attorneys
1400 North Second Street
Harrisburg, PA 17102
Telephone: (717) 221-090(1
Facsimile: (717) 221-0904
E-mail: jbclegal@/LOLcom
December I 1, 200 I
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PAl 70 13
VIA CERTIFIED MAIL NO, 70011140 000212738700
Re: William N, Treichler, Sf., v, Holly C, Treichler; Cumb Cty Div, No, 00-6249
Dear Karl:
Since it does not appear your client is willing to settle this case, enclosed please
find discovery materials, including Defendant's Interrogatories to Plaintiff - First Set and
Defendant's Request for Production of Documents - First Set.
Please provide responses within thirty days of service,
Sincerely yours,
JeaktoPoulOS, Esquire
CC: Holly Treichler
File
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