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Home My WebLink About99-02111 >>............. I , IN THE COURT OF COMMON PLEAS Joseph L. Tressler OF CUMBERLAND COUNTY STATE OF *.~ . ,,, \ ~ '"'," ...., ..... ~ .~,.,. .. ,. A .'- ~.~ PENNA. Plaintiff No. 99-2111 VERSUS Stephanie A. Tressler Defendsn t DECREE IN DIVORCE AND NOW. t ... ~f:" 5 . 26()'2-; IT IS ORDERED AND . DECREED THAT Joseph L. Tressler , PLAINTIFF, . AND Stephanie A. Tressler , 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; . . . None . . . . . . Bn",jJ:,'1o ~ l . . . . . . J. ~ . . . . . . ( PROTHONOTARY . . . . . ...."""..".......... .....,......... ...,' ">- <', ~ 9;; <,,' Z i-' N :~c~ ,.... (-)=~ U.l~""" ~2 ::r: ()~-.: ~i~ '"" 'J;:':'j .,..~ c~ co ..;::~ C. "J _'~ ,. I"CoZ cE~J <.!) ,.l...iLU ~I.. ::.J :::'10- .... "" .~. -" u- N :::J 0 0 <..:l ~ .' " .' . . SAID IS. SHUFF & MASLAND ATrOItNP:YSt.4.T.LAW 26 W. "ISh Sir'" Carlisle. PA ~ THIS PROPERTY SETTLEMENT AND SEPARATION /l.. "', AGREEMENT made this - day of f AGREEMENT 1,"'f"~f'l - 1999, between Joseph L. Tressler, of Newville, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N D Stephanie Tressler, of Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. WITNESSETH: WHEREAS, in of disputes and unhappy consequence differences, the parties have been living separate and apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangements therewith, including custody of their minor child, Mariah K. Tressler, D.O.B. 12/27/94), the division of their marital property and other rights and obligations growing out of their marriage. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound it is agreed as follows: (1) It shall be lawful for each party at all times hereafter to live separate and apart from the other party at '.. such place or places as he or she from time to time may choose or deem fit. (2) Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. (3) The parties are the owners of certain real estate with improvements thereon erected, known as CME Lot 183, Newville, pennsyl vania. Husband and Wife hereby agree that Husband shall remain in possession of that real estate and shall assume full responsibili ty for all household expenses, including but not limited to mortgages, liens of record, utility bills, insurance and real estate taxes in connection with said property. Husband and Wife agree that Wife shall retain her equitable interest in said property and at such time as the property, or the trailer theroen, is to be sold, Wife shall receive half of the proceeds, minus the cost of any repairs required on the property, or the improvement thereon. Wife's obligation to pay for half of the cost of repairs SAlOIS, SHUFF & MASLAND A~AT'Lo\W 26 w. 1II&h Sir.., Cullsle. PA shall be an exception to Husband assuming full responsibility for all household expenses. (4) In the event that either party contracted or incurred any debts since the date of separation on February 17, 1999, the 2 , . . shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts. (8) The parties agree that legal custody of their minor child, Mariah K. Tressler, shall be joint, with both parties having the right to make major parenting decisions affecting the child's health, education and welfare. Stephanie A. Tressler shall have primary physical custody of the child subject to Husband's partial physical custody of the child at times and places as the parties may agree. In an SAIDIS, SHUFF & MAS LAND A1TORNEVS'AT'LAW 26 W. Hlsh Sir.., Carlisle. PA case, Father shall have the right to SO/SO or split physical custody of the child if he so chooses. (9) Husband agrees to pay to Wife for the use, benefit, 4tt{ 3 support and maintenance of their minor child, the sum of -f'ot7r 4 SAIDlS, SHUFF & MASLAND A1TORNEYS'AT.UW Z6 W. High Str..' Carlisle. PA . . 3~o.~ ~ ~ Hundred ($laa.O~) Dollars per month, and shall provide adequate insurance coverage for the benefit of the child, so long as he is obligated to contribute to that child's welfare and support. Husband and Wife also agree to split any noncovered or extraordinary medical and lor dental expenses for said minor child provided that the decision to incur extraordinary or noncovered lor dental expenses shall be a joint decision. WIPe.. all be entitled to claim said child as dependent for federal income tax pUrposes. The parties agree that in the event of a material change in circumstances of either party, or a change in the custody arrangements set forth herein, the amount of support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by order of a court of competent jurisdiction, and the amount ordered by any such court shall be deemed to be the amount due hereunder. (10) Except as otherwise provided herein, Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (11) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made 5 against him or her by reason of debts or obligations incurred by the other party. (12) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the " other party any and all further instruments that may be reasonably required to give full force and effect to the provision of this Agreement. "t (13) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. (14) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) It is further specifically understood and agreed by SAIDIS, SHUFF & MASLAND A1TORNEYS.ATtl.AW 26 W. "Igh 51reet Carlisle. PA and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, 6 (17) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (20) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, SAlOIS, SHUFF & MAS LAND ATI'DRNEYS'AT.L\W 26 W. High S.m. Carlisle, PA representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. 9 .~' " " IN WI'l'NIWS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. Wi ~6 - Wit ess 10 . l n ~~s 03^,3:>3~ >- "I E: ~ "- >,. N ~: II J ~-) ;:::) ~-'1:<i n""; ~- ~-, :---: I""" _....~ ~C . '"- (:.>~, :_~~] c...~~,~ <:. ....t.~1') ~..., ....L (.. ", ;:;"~ [t~llj !:~, -J "'- ~: .;.; !(I~ 1L. N -- U :.:> C.:J U . , SAIDIS, SHUFF & MASLAND A1'1'taNEYIeAT_UW 26 W. Hlsh SIr..t carlbl.. PA JOSEPH L. TRESSLER, Plaintiff IN THE COURT OF COMMON PLEAS C~~BERLAND COUNTY, PENNSYLVANIA v. NO. CIVIL TERM 9P.lII/ ~"" -r;... STEPHANIE A. TRESSLER, Defendant CIVIL ACTION . LAW IN DIVORCE COMPLAINT 1. Plaintiff is Joseph L. Tressler, an adult individual who currently resides at CME Lot 183, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Stephanie A. Tressler, an adult individual who currently resides at 2334 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 28, 1987 in Plainfield, Cumberland County, Pennsylvania. S. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, plaintiff requests Your Honorable Court to enter a decree in divorce. SAID IS, SHUFF & MASLAND ATt"ORNEYI-AT......W 26 W. Hlsh Slim CarlisI., PA 13. The father is Joseph L. Tressler, currently residing at the aforementioned address. He likewise is in the process of this divorce. 14. The relationship of Plaintiff to the child is that of natural father. Plaintiff currently resides with the following persons: Alone. 15, The relationship of the Defendant to the child is that of natural mother. Defendant currently resides with the following persons: Defendant's parents and brother. 16. Plaintiff has not participated as a party or witness or in any other capacity in any litigation concerning the custody of the child in this or another Court. 17. Plaintiff has no information of custody proceedings concerning the child pending in this Court of the Commonwealth. 18. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, who is not named as a party to this proceeding. 19. The best interests and permanent welfare of the child will be served by granting the relief requested because the child has lived with the Plaintiff all of her natural life, and Defendant has on numerous occasions left the child alone with the Plaintiff, and the child has maintained a constant and steady home environment with the Plaintiff. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of . JOSEPH L. TRESSLER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYl. VANIA NO. 99.2111 CIVIL ACTION. LAW STEPHANIE A. TRESSLER, Defendant IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on April 9, 1999. I acknowledge receiving a true and correct copy of the Divorce Complaint, said copy being served upon me by Certified Mail, Restricted Delivery, on April 10, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. W AlVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER li330He) AND Ii 330Hd) 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, lawyers fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit and waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: R-JdJ -00\ ~~}.jlhan~j J (J Aj U }.,JI OJ, ') Ste;Jhahie A. Tressler, Defendant ,~ . I ~-: c.::. (,', .' ," ." , . ) ::.) C) ") , .; , ~~ U.. /.. C', 1 I.'J -' -' 'j ,'- 00;;.::. ..- t.l.- ......1 ',? 0 c? 0 . .. . JOSEPH L. TRESSLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ,,~ vi. : No.: 99.2111 1- STEPHANIE A. TRESSLER, Delendanl Civil Action - Law In Divorce +>'Roo~ ':-,[- F\J \ (' i? 01= ... SENDER: . J . Comp!e'eltems 1 ard'or 2 lor additional &eMce1. .. . Complele llama 3, 04e, and 4b. I . Print your name and address on the loverle oIltMa form so thai we can relum Ihls cardIa . . Attach l~'orm 10 the lronl 01 the mallplece, Of on the back It .pace does lIot ",,,,,It. I . Wnte "Retum R~t ReqUBSled"on the mallpleoo below lho article number. ~ . The Relum Recelpe will ShOw 10 whom lhe artICle was deliverod and the dale . delivered. !i 3. Article Addressed 10: :i ~ A.\7'essler : r ..c?~\..j (<it-reI ~hyjcu : l~l\ k~)\e, PI=\. (7b~ I also wish to receive the following servIces (lor an extra fee): l~D ddressee's Addross 2. RestrIcted Delivery Co suit postmaster for fee. 4a. nlcle Number i 15. a II: i II: Ol. e 01 ~ .e ~ ~ .. Ii ~ 5. Received By: (Print Name) 4b. Servie. Type D Regl"lered o Express Mail Return Receipt for Merchandise 7. Dale o! gelivery 't ~/o- B. Addressee's Address (Only if requested and fee is paid) lld' eertUled tt Insured Deoo ,~ ~ '0 ,'" ,.!l Domestic Return Receipt ,... ~ , ~ ;Jj ..~ ';'1 ~,; ::> ,'" O~ i-:'- "\0. (.)~ ..:;) .". z;:: , ~~ CJ .....' \-1 ..; C'-,' S~ --, o.:L: ~.; ,"- . ~ ;;': '"'- 0 "l - , ~. ~~J JOSEPH L. TRESSLER, Plaintiff [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN[A v. C[VIL ACTION - LA W STEPHANIE A. TRESSLER, Defendant NO. 99-2111 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of March, 2001, upon consideration of Defendant's Petition To Void Purported Post-Nuptial Agreement and of Plaintiffs Answer to Petition to Void Purported Post-Nuptial Agreement, a hearing is scheduled for Friday, May II, 2001, at 9:30 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Johnna J. Kopecky, Esq. 26 W. High Street Carlis[e, PA [7013 Attorney for Plaintiff (") ~ r) '-' r -jf ~~ -', '. ::-1 t:r .:1 ", :".1 I.....,. I:'> 0' ,.) " ., L . _.' J ~.; .' ~'.) ,il C~b~~~ . -, ~._1 -.; (Jl -< Thomas J. Williams, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Defendant :rc SAIDIS SHUFF. FLOWER & LINDSEY ATTORNEYS'AT-lAW 26 W. High 51reet Carllale. PA JOSEPH L. TRESSLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. STEPHANIE A. TRESSLER, Defendant No.: 99-2111 Civil Action - Law In Divorce ANSWER TO PETITION TO VOID PURPORTED POST-NUPTIAL AGREEMENT AND NOW comes the Plaintiff, Joseph L. Tressler, by and through his attorney, Saidis, Shuff, Flower & Lindsay, and respectfully Answers the Petition to Void Post-Nuptial Agreement as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that a PFA was filed by Wife, but it is denied that it was because of physical abuse. An agreement was reached in order to allow tht PFA to stand. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. It is denied that the Plaintiff violated the Protection from Abuse Order. To plead further, husband and wife were talking about a reconciliation and the parties had agreed that it would still be a good idea to sign a Property Settlement and Separation Agreement. Further, the Defendant was given ample opportunity to have an attorney review it and was even suggested by Attorney Allshouse. 11. Denied. It is specifically denied that the Defendant signed the Agreement under pressure from the Plaintiff. The parties both signed the Agreement vOluntarily. 12. Admitted. 13. Denied. It is specifically denied that the Agreement was never provided to counsel for wife, as the Agreement was provided by separate cover to wife who had advised that she was no longer represented by counsel. 14. Admitted. 15. Denied. Plaintiff is without information to verify the truth or falsity of allegation 15, and strict proof is demanded at the time of the hearing. 16. Denied. Plaintiff is without information to verify the truth or falsity of allegation 16, and strict proof is SAlOIS SHUFF, FLOWER & LINDSEY ATI'ORNEYS-AT"IAW 26 W. High Street Carlisle. PA demanded at the time of the hearing. 17. Denied. Plaintiff is without information to verify the truth or falsity of allegation 17, and strict proof is demanded at the time of the hearing. VERIFICATION I verify that the statements made in the foregoing Answer to petition to Void Post-Nuptial Agreement 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: '3/U/OI ,. , ar<' AOseph L. L . i,'A.L Tressler SAlOIS SHUFF, FLOWER & LINDSEY ATroRNEYS-ATtIAW 26 W. High Slreet carlisle. PA SAIDIS SHUFF. FLOWER & UNDSAY A11tII.NEYSeAT-LAW 26 W. Hip Sir... CarUsle,PA 'o. m C: iJ; " ..~ '. .....~ C"~ , '.-1"" lj..' ( J ( . , : ,. " !;.- ". "='; '-. ~ ~..J t.,;". ..'") --; L' ('..,: J. c,,,: " , ,..~; - "':., ;c.. . :c ". 10- ::i c' t".:> (J '~'M~'~''''''''''''~ "",-,' . '-. ""'.'~''-~' ~-"'.' '~A;~'I"',~~'" ".''; ""-'''''''."'"1'<': :1.", ,.:;.\'.~,~,_~ _ ''I' ~;'t ,,-,..1- -' !fl-. .' --.. .' MBW&:6 INJOINAntlNoAllVIU 'AlMlCAl.'Y TEN EASTII;I-;'],~Sa1~J70J3 CAwSLE, E..r'l' - . " " " , ..: . ~. . . "0 .~ ~7n~ I "~''''~''::;'''''''''~'''~;'~:i>',;,;~:::,. '.~'__ , ,-. '" ,,~' ".'->' ..'.o.~-;,_,~ I i i ,~ ( . . , . JOSEPH L. TRESSLER, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99.2 I I I CIVIL ACTION - LAW STEPHANIE A. TRESSLER, Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW,this )\ '> \ day of February 2001, upon consideration of the foregoing Petition to Void Purported Post-Nuptial Agreement, a Rule is hereby issued upon Plaintiff, Joseph L. Tressler, to show cause, ifany there be, why the relief prayed for should not be granted. Rule returnable I 0 days aCter service. . ,J. ~, \j<1 b~%< - ..._,.~...., .I1IU......fAruf"~...(W'I~71lr-l '-w. ~flI'!lI'l)IOIJ!I~ru .,,-.t /U.n1U II .. \4 AM U,'JruI, C . . , . JOSEPH L. TRESSLER, Plaintiff v. IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-211] CIVIL ACTION - LAW STEPHANIE A. TRESSLER, Defendant IN DIVORCE PETITION TO VOID PURPORTED POST-NUPTIAL AGREEMENT AND NOW, comes Defendant Stephanie A. Tressler (hereinafter "Wife"), by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, pursuant to Pa. R.C.P. 1920.43 (a) and avers as follows: I. The parties hereto were married on September 28, 1987. 2. The parties initially separated on February 17, 1999. 3. Plaintiff (hereinafter "Husband") filed the instant divorce action on April 9, 1999, which action is presently pending. 4. Said separation on February 17, 1999 was precipitated by physical abuse of Wife by Husband which resulted in injury to Wife and a Protection from Abuse Action was filed on February 25, 1999. 5. On March 5, 1999, a Protection from Abuse Order was entered against Husband which, inter alia, required Husband to have no contact with Wife for a period of one year from the date ofthe Order. A copy of said Protection from Abuse Order is attached and marked as Exhibit itA," 6. In the divorce action, Husband was represented by Mark Allshouse, Esquire and Wife was represented by Thomas J. Williams, Esquire. 7. On or about March 18, 1999, counsel for Wife received a letter from counsel for Husband which, illler alia, stated that Husband "is indecisive as to whether he wishes to pursue a divorce, as I believe he may have hopes of a reconciliation, he has asked ifI can find out if she is pursuing that option." A copy of said letter is attached hereto and marked as Exhibit "B." 8. On or about April ]4, ]999, the undersigned attorney for Wife wrote back to the attorney for Husband confirming his representation of Wife. A copy of said letter is attached hereto and marked as Exhibit "C." 9. No further contact occurred between counsel for the parties in 1999. . , 10. On or about September 2, 1l)l)I),lIusband, in violati"1I orthe I'FA Order, brought a Property Settlement and Separation Agreement to Wife in her home, which Agreement was apparently prepared by his attorney, and demanded thai she sigll itthell and there. Wife asked 10 have it reviewed by her attomey; however, Husband told her that the Agreement needed to be signed that day, would not give her a copy of it, and told her it did not need to be reviewed by an allomey. A copy of the Property Settlement and Separation Agreement is attached hereto as Exhibit "D." II. Under pressure from Husband, Wife did sign the Agreement. 12. Despite the signaluresof Attorney Mark W. Allshouse, purporting 10 be a wilness to the signatures of both parties, the Agreement was not signed by Wife in the presence of Allomey Allshouse; in fact, the only perso~ present when she signed the Agreement was Husband, as aforesaid. 13. Despite knowing that Wife was represented by counsel, the Agreement was never provided to counsel for Wife, either before or afier it was signed. The undersigned attorney for Wife was unaware of an Agreement and assumed the parties had, in fact, reconciled. 14. At the request of Husband, the parties did reconcile in July of 2000, together with their daughter, Mariah Kaylee Tressler. 15. On December 29, 2000, Husband suddenly and without warning lefi the marital residence and moved in with another woman. 16. Wife is currently under the care of a physician for emotional distress. 17. Wife has been intermittently under treatment for emotional difficulty during the course of this marriage and Husband was well aware of this. 18. Said Agreement should be voided by the Court because: a. It was entered into through intimidation, duress and coercion; b. It was entered into through fraud and misrepresentation; c. It was entered into in violation of the Protection from Abuse Order then in full force and effect; d. It was entered into directly with the party who was represented by counsel and without the knowledge of said counsel; and e. The terms of the Agreement are unconscionably harsh on Wife which, inter alia, purports to lose her rights in all significant marital property, support and alimony, leaving her destitute and impoverished. EXHIBIT A . .. . . " 1llI9. Deleadut Is d1rectrd to pay temporal')' IUpport for StcplwlJo A. TrcuJcr IIIId MariaIa lea'" T......... u lolllnnl S4OO.oo pII' .lIIItIa. nil Ord.. lor apport aUD ...... .. dect adJ. ftuI lapport order II tatIr'ecI bJ dab CoIU't. Bnenr, WI Order.......... .u.....dcall1l1 PIIIDdIr.. aot 81t. COIDpIUa~ lor ..pport wadi till ~ wtdda an.. da1l oldl. date ordab Order. ..... _at of dab temponry order doeIlIOt ~ nOect Deleaduf. colTlCt ..pport obUpdoa, wllkh ..... be dctenDIaed ID ICCOnIuct 'frill till pldellD. at tile ..pport b....... AD)' adJ....ta .. tIl. fIDal amotUIt ollupport ..... be crecUted, ntroacdYe to daD date, lit dI. approprtata party. o 10. The costa of this lIdion Inl waived u to P1.lntifF lUId imposed on Deleadmt. o t I. Defendant sbalI pay S. to PIIIintiff as C:OIDp""'..tlon for P1Iintlfl's out-of-pocket Iosses, which are as follows: OR o Plaintiff'is gnmll:d leave to present a petition, with approprialc DOtice to Defendant, to [1IISeIt the DIlDle of the judge or c:ourt to which the petition should be pt'e!-"'cl] requestina rec:ovezy of out-of-pocet Iosscs; The petition sbaII iDclude an exhibit i"""17iIlg all ,.I.i""'" out-of-pocket losses. copies of all bills BUd esrim.- of repair, IIDd an Order """"","Ing a hearing. No fee sba11 be required by the Prothonotary's office for the,filing ofthis,petitioo. .' o 12. BRADY INDICATOR 1.0 Plaintiff or protected person(s) is a spouse. fonner sPouse, a person who c:obabitates or has cOhabited with Defendant, a parent of a common child. a child of that person, or a cbiId of DefMrI.nt 2.0 This Order is being enteled after a hearing of which Defendant received actual notice and bad an opportunity to be heard. 3.0 Paragraph I of this Order has been checked to restrain Defendant from hamssing, smllelllg, or thn:atening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety of Plaintiff or other protected person(s) OR o The terms of this Order prohibit Defendant from using, attempting to use, or threatening to WIC physical force against Plaintiff or protected person that would reasonably be expected to cause bodily injury. ~ '. aDU. TIUS ORDER SUPERCEDESaD ANY PRIOR PFA ORDER ANnaD ANY PRIOR ORDER RELATING TO CBILD CUSTODY. 14. AU provlalou oftbll Order IIaaD npln fa OM y.... NOTICE TO DEFENDANT VIOLATION OF1BIS ORDER MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECT CRIMINAL CONTEMPTVlHICH IS PUNISHABLE BY A lINE OF UP TO Sl,OOG AND/OR A JAIL SENTENCE or up TO SIX MONTHS. 23 PA.c.s. 1611'" VIOLATION MAY AUO SUBJECl' YOU TO PROSECUI'lON AND CRIMINAL PENALTIES UNDER THE PENNSYLVANIA CRIMES CODE. TIDS ORDER IS ENFORCEABLE IN ALL PIllTY (50) STATES, THE DISTRICf or COLUMBIA, TRIBALLAND8, u.s. TERRlTORIES,ANDTHE COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAINST WOMEN AcrION,I8 U.S.C. 12265. IF YOU TRAVEL OUTSIDE Oil THE STATE AND 1NTEN110NALLY VIOLATE TIUS ORDER, YOU MAY BE SUBJECt'TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT Acr. 18U.s.C.II226I.2262. IFPARAGRAPBUOF THIS ORDER HAS BEEN CHECKED, YOU MAY BE SUBJECI TO FEDERAL PROSECUI'ION AND PENALTIES UNDER THE "BRADY" PROVISIONS Oil THE GUN CONTROL AcrION, 18 u.s.C.I9U(G), FOR POSSESSION, 1'RANSPORT OR RECEIPT Oil FIREARMS OR AMMUNITION. NOTICE TO LAW ENFORCEMENTOmCIALS The pollce wbo have jurisdiction over Plalatlff's residence OR my locatlon wbere a violation oftbil Order oceurs OR where DefeadaDt may be located, shall eaf'on:e this Order. An arrest for violation of Pan graphs I through 7 ofthb Order may be without warraat, bued solely on probable calISe, whether or not the violation is committed ID the presence oftbe poUce. 23 PLC.s. g61l3. Subseqaent to an arrest, tbe police ollicer shaD seize aD weapoas used or threateaed to be used duriag the violatioa of the Protectioa Order or during prior lacidents of abuse. Tbe (wert the appropriate name or tide) shall maintain possession ofthe weapoas aatil furtber Order of this Court. Wbea Defendaat is plaeed under arrest for violatioa of the Order, Defendant sball be taken to tbe appropriate authority or autborities before whom Defeadant is to be arraigned. A "Complaint for Indirect Criminal Contempt" shaD then be completed and signed by the police officer OR Plaintiff, Plaintiff's preseace and signature are not required to file the complaint. . EXHIBIT B - -'..w oirocc. SAID IS, SHUFF & MASI-AND . lohn B. SlIke Robert C. Soldl. Cleorr,.y S. Shurr Alben II. M..I.nd lohnn. I. Deily Rlthltd p, MlallI.ky t ,= e. Reid. Jr. Scott D. Moore Kltl M, I.cdebohm Mark W. AII.hou.e A rttut1!.SSIONAI. rn.rOR",TION 26 WcsllliSh 5.",e. . Pust Ornee 801 5Ml Carlisle, Pennsyl.anla 1701).2956 Telephone: (717) 243.6222. Facsimile: (717) 243.6486 Ilm.il: sg.m@elOnlineeom West S...... 0IlIca: 2109 Mark<l SIIUl Cllnp Itill, PA 17011 Telephone: (717) 7l7.J4M PIC.lmlle: (717)7)7.~7 R.ply'Jb CarUde March 18, 1999 Thomas Williams, Esquire 10 East High Street Carlisle, PA 17013 Re: Tressler v. Tressler Dear Attorney Williams: As your client tells me she has related representing the interests of Joseph Tressler. understanding that Mrs. Tressler has consulted you filing of a divorce on her behalf. If this inaccurate, please discard this letter as the' applicable, to you, I It is regarding statement rest is am my the is not As I assume the statements made were accurate and you are indeed representing her interests, I am writing this letter simply to inquire about a couple of issues. First, are you intending to file a divorce and/or custody complaint on her behalf? While Mr. Tressler is indecisive as to whether he wishes to pursue a divorce, as I believe he may have hopes of a reconciliation, he has aSKed if I can f1nd out if she is pursuing that option. secondly, on February 17, 1999, I attended a domestic relations conference in front of Cindy Shaffer. The results of that conference were that my client has an obligation of $653.00 monthly, $350.00 being child support and $302.00 being spousal support. Given the situation of the current marital debt, all of which my client is paying, he is unable to meet this child support and spousal support obligation and keep the marital debt payments current. . . Although, the divorce has not been filed, if you indeed are representing the interests of Mrs. Tressler, I would appreciate if t Certified a~.. Civil Trial AdvOClllc by the Nationalllollrll of Trial Allvocacy ^ I'cnluylvunia SUl'fcme (our! Accredited ^~ency EXHIBIT "8" . EXHIBIT C EXHIBIT D i : SAIDIS, I SHUFF & : MAS LAND ~." ATrDRHEYS-ATeLAW Z6 W. Ulsh Sir... Cnllsle.PA . . , ' . . . I . party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife aCknowledge and agree that they have other outstanding joint debts and obligations incurred prior to the signing of this Agreement. It is mutually agreed that Husband shall be responsible for all joint debt, with the exception of the lien against the 1990 Honda Accord automobile which is currently in possession of Wife. That debt shall be the sole responsibility of Wife. (5) Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party 3 SAID IS, SHUFF & MASLAND .. . A'ITOIlNEt!.ATtUW Z6 W. Hlsh SIrftl Carlbl.. fA , . , , . .. . shall from and after the date hereof be the Bole and separate owner of all Buch property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts. (8) The parties agree that legal.. custody of their minor child, Mariah K. Tressler, shall be joint, wi th both parties having the right to make major parenting decisions affecting the child's health, education and welfare. Stephanie A. Tressler shall have primary physical custody of the child subject to Husband's partial physical custody of the child at times and places as the parties may agree. In an case, Father shall have the right to 50/50 or split physical custody of the child if he so chooses. (9) Husband agrees to pay to Wife for the use, benefit, ~3 support and maintenance of their minor child, the sum of i>o= 4 SAlOIS, I SHUFF & r MASLAND . ArnItM!.W.ATeL\W Z6 W. HIIb Slreet Culllle, PA I I , I i ., , 3~O'M;/~' .. , (+te6.0~) Dollars per month, and shtll provide adequate ,. , Hundred insurance coverage for the benefit of the r;hild, so long as he is obligated to contribute to that child's welfare and support. Husband and Wife also agree to split any noncovered or extraordinary medical and/or dental expenses for said minor child provided that the decision to incur extraordinary or noncovered lor dental expenses shall be a joint decision. W \ n:.. all be entitled to claim said child as dependent for federal income tax purposes. The parties agree that in the event of a material change in circumstances of either party, or a change in the custody arrangements set forth herein, the amount of support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by order of a court of competent jurisdiction, and the amount ordered by any such court shall be deemed to be the amount due hereunder. (10) Except as otherwise provided herein, Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente 1 i te, or for his or her support or maintenance. (11) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made 5 sAIDIs, SHUFF & MAS LAND A~ATtlAW 26 W. Hip Street eulllle. PA .. . . ' , . . " . against him or her by reason of debts or obligations incurred by the other party. (12) Each of the parties shall from time to time, at the request of the other, execute, acknOWledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provision of this Agreement. (13) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. (14) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, 6 SAIDIS, SHUFF & MAS LAND . A~AToL\W 26 W. Hlsh SIr... Cullsle. PA .. . maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for divorce. (16) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; E. All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: 7 ",~ "k . .. . .' . (17) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (20) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, SAlOIS, SHUFF & MASLAND '. ATJatHE\'!8A'MAW 26 W. HI&h SIn" CarllJl.. PA representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. 9 ",:.. ." '>- . , " < ~. - , ,~ , .; " :j :> '? . . , '.1 L ; '- .l C- o:- ~, U -- . ~ .4o ~ . "0- r- e' u-: .' ~;o ~-~ co,,:: ~}:) IIJ (.' ; ...:'~J... - 'l~ C ' - c:> ' .~ If) I _~l% 1'-;- >- , :.Htl _.7: '[)a.. :;:.: - .' ::> <.) 0 (;) , . K1Dw&:6 1Nfl."-"'11I.....AlNlt::l.'IMIUL"- Tf.N EAsT Hl<;ti Sl':.c,tI:.i C.UUSLE. PENNSYLVANIA 17013 " .IAN J 0 2{J8!J ~r.--Jt1i:Ii.il::;tj,~-;;:.;.:.~,:<.';:.:...;:..;,,:,.;:.,.; '." ;.\' .;..~.0!,,'~':i';;;;':..~1..;r.....~ \ '( '- v. NO.99.2111 CIVIL ACTION. LAW t' t r f r I JOSEPH L. TRESSLER, 1'lainliITiRespllllllenl IN TII E COURT OF COMMON !'LEAS OF CUMBERLAND COUNTY,I'ENNSYJ.VANIA STEPHANIE A. TRESSLER, Defendant/Petitioner IN DIVORCE R RUI.E TO SHOW CAUSE AND NOW, this iL day of January, 2001, in consideration of the foregoing Petition for Exclusive Possession of Marital Residence. a Rule is hereby issued upon Respondent. Joseph L. Tressler. to show cause, if any there be. why the relief prayed for should not be granted. Rule returnable ~O days after service. BY THE COURT. rl/0..;;J ~crpLw -fllol1J OHI-OJ ~X~ , 'III Ufl41A'1I,,("""*'..llOf'IIl:"I....I"" h..... C11''',I!U!'''1fo'!lt .,,~ f1!''''llll...:"\,,,lo, ...~...I JOSEPH L. TRESSLER, Plaintiff/Respondent IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 99-21 I 1 CIVIL ACTION - LAW STEPHANIE A. TRESSLER, Defendant/Petitioner IN DIVORCE PETITION FOR EXCI.USIVE POSSESSION OF MARITAl. Rf:SIOENCE AND NOW, comes the Petitioner, Stephanie Tressler, by and through her attorneys, MARTSON. DEARDORFF, WILLIAMS ~ OTTO, pursuant to 23 P~. C.S. ~3502 (c), and avers as follows: I. The parties are husband and wife, having been married on September 28, 1987. 2. Petitioner resides at CME, Lot 183, Newville, Cumberland County, Pennsylvania, the "rnarita1 residence", which is owned by the parties as tenants by the entireties. 3. Respondent resides at CME, Lot 127, Newville, PA 17241. 4. Living with the Petitioner at the marital residenee is the parties' minor daughter, Mariah Tressler, born December 27,1994. 5. On December 29, 2000, Respondent left the marital residence to live with his girlfriend at the above address. 6. After Respondent left the marital residence, Petitioner changed the locks on the doors ofthe marital residence as she feared for her safety and the safety of her daughter due to the abusive nature of Respondent as evidenced by a prior PF A Order. 7. Respondent threatened to break down the doors because of Petitioner changing the locks after his departure of the marital residence. 8. Petitioner cannot afford to move or find other housing; she just started a new job which pays $8.00 per hour. 9. Petitioner filed for support on January 5,2001, but support has not been initiated at thistirne. WHEREFORE. Petitioner prays Your 1I0nomhlc Court to grant exclusivc possession of the marital residence to Pctitioner and such other and funhcr relief us the Coun shall decm uppropriute under the circumstanccs. Date: January i, 2001 MARTSON DEARDORFF WILLIAMS & OTTO By --r ~1Io.. 9- IN ~ .....:-. Thomas J. WilHams, Esquire Ten East High Street Carlisle, PA 17013.3093 (7] 7) 243-334] Attorneys for Petitioner Stephanie Tressler I I I r- f I I [. ..... .- I .' c- '. " ~.. r~": I , , c,~ , CT. " , I , . , :~J , . I. I , ~j C. ,~.::' (-) c:> .,- ;, ", ,~ , , , ( , " , , ~.:.J G'I .-) ;'! .~:: j.. ~J_ ~ II LI r"l,::.. '. , , ,oJ -- t.~) '..J ,._J .- . JOSEPH L, TRESSLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW STEPHANIE A, TRESSLER, Defendant NO. 99.2] II CIVIL TERM ORDER OF COURT AND NOW, this 10th day ofSepternber, 2001, upon consideration of Defendant's Petition to Void Purported Post-Nuptial Agreement, a hearing is scheduled for Thursday, December 6, 2001, at 9:30 a.m., in Courtroorn No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~ J esley Oler, J ., Johnna J. Kopecky, Esq. 26 W. High Street Carlisle, P A 17013 Attorney for Plaintiff '1_ 11.01 ~~ q.... (") a 0 C" I I ;-;; ',n t .,., v. ;';} 17'. , --J ~ --' ,~ ~~ , :J. ~.-l " , .:J L:; ..- :' ~ " " .'n ,', . ',' "" n .... ~- ! ~ C'l . ,'; )-,; - ~ :J ~~ .. .-:-.( ::> ~- :;j :.:.1 -< .J -~ Thomas J. Williams, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Defendant :rc ... 0". ~:J ;:,' ,,,_....'...,,H4___'""w,', ""'.,'_~,._ ". ~_"'" -P!;":ln"It,. , ':.... "'-~' .'",,' ',,~ Ij.:' 'i.:~S ';:-r:""r~i""'7.\'-;7:"~jC~~v.:--~.... ...._.......... .' - .,. .... ., It " o. :_~,. .. . . "",,, " MDW&O l"UIlt).lATlll:r-~~4'l' A~:oC,\Cl' TEN EAST HlliU STREET C"nUSLE, rENNsnvANIA 17013 . .. SEP 0 62001fC '* '. ., .'. ., ; ... ~ "."'~W~.;;:tM:tif.l-4,;,i~. " ':,~,,~,'., -, ..~" '."",:_" >j"""~,,"I'~";':~il.":';:<;"~' , ',', ',I , ' ~__. \ , I , \ , :-.. f\f'ILIlS\DAT...fILE\Gendoec......11lJ70.I"t4-ldt en'" 01111&11)1 ot J6 56 PM ~~:'1 OQ.I04.IOlll 01 Ol...M .' " . ,- . - JOSEPH L. TRESSLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.99-2111 CIVIL ACTION . LAW STEPHANIE A. TRESSLER, Defendant IN DIVORCE PETITION TO VOID PURPORTED POST.NUPTIAL AGREEMENT AND NOW, comes Defendant Stephanie A. Tressler (hereinafter "Wife"), by and through her attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, pursuant to Pa. R.C.P. 1920.43 (a) and avers as follows: I. The parties hereto were married on September 28, 1987. 2. The parties initially separated on February 17, 1999. 3. Plaintiff (hereinafter "Husband") filed the instant divorce action on April 9, 1999, which action is presently pending. 4. Said separation on February 17, 1999 was precipitated by physical abuse of Wife by Husband which resulted in injury to Wife and a Protection from Abuse Action was filed on February 25,1999. 5. On March 5, 1999, a Protection from Abuse Order was entered against Husband which, inter alia, required Husband to have no contact with Wife for a period of one year from the date of the Order. A copy of said Protection from Abuse Order is attached and marked as Exhibit "A," 6. In the divorce action, Husband was represented by Mark Allshouse, Esquire and Wife was represented by Thomas J. Williams, Esquire. 7. On or about March 18, 1999, counsel for Wife received a letter from counsel for Husband which, inter alia, stated that Husband "is indecisive as to whether he wishes to pursue a divorce, as I believe he may have hopes of a reconciliation, he has asked if I can find out if she is pursuing that option." A copy of said letter is attached hereto and marked as Exhibit "8." 8. On or about April 14, 1999, the undersigned attorney for Wife wrote back to the attorney for Husband confirming his representation of Wife. A copy of said letter is attached hereto and marked as Exhibit "C." 9. No further contact occurred between counsel for the parties in 1999. , . " ,. " ~ .. 10. On or about September 2, 1999, Husband, in violation of the PFA Order, brought a Property Settlement and Separation Agreement to Wife in her home, which Agreement was apparently prepared by his attorney, and demanded that she sign it then and there. Wife asked to have it reviewed by her attorney; however, Husband told her that the Agreement needed to be signed that day, would not give her a copy of it, and told her it did not need to be reviewed by an attomey. A copy of the Property Settlement and Separation Agreement is attached hereto as Exhibit "D." II. Under pressure from Husband, Wife did sign the Agreement. 12. Despite the signatures of Attorney Mark W. Allshouse, purporting to be a witness to the signatures of both parties, the Agreement was not signed by Wife in the presence of Attorney Allshouse; in fact, the only person present when she signed the Agreement was Husband, as aforesaid. 13. Despite knowing that Wife was represented by counsel, the Agreement was never provided to counsel for Wife, either before or after it was signed. The undersigned attorney for Wife was unaware of an Agreement and assumed the parties had, in fact, reconciled. 14. At the request of Husband, the parties did reconcile in July of2000, together with their daughter, Mariah Kay1ee Tressler. 15. On December 29,2000, Husband suddenly and without warning left the marital residence and moved in with another woman. 16. Wife had initially filed a Petition on claiming this relief on February 16,2001. 17. Wife subsequently instructed counsel to withdraw that Petition which was done on May 8, 2001. 18. Wife is currently under the care of a physician for emotional distress. 19. Wife has been intermittently under treatment for emotional difficulty during the course of this marriage and Husband was well aware of this, 20. Said Agreement should be voided by the Court because: a. It was entered into through intimidation, duress and coercion; b, It was entered into through fraud and misrepresentation; c. It was entered into in violation of the Protection from Abuse Order then in full force and effect; d, It was entered into directly with the party who was represented by counsel and without the knowledge of said counsel; and e. The terms of the Agreement are unconscionably harsh on Wife which, inter alia, purports to lose her rights in all significant marital property, support and alimony, leaving her destitute and impoverished, .. r: t' '., I i " " . WHEREFORE, Defendant, Stephanie A. Tressler, prays Your Honorable Court to void the purported Property Settlement and Separalion Agreement altaehed hereto as Exhibit "D", and permit her to assert economic claims in the divorce and support actions, MARTSON DEARDORFF WILLIAMS & OTTO By 'iL wJ1.~~ ThornasJ. Willi ,Esquire Ten East High St et Carlisle, PA 17013.3093 (717) 243-3341 Attorneys for Defendant Stephanie A. Tressler Date: September 4,2001 Exhibit A , (" .' , .' , ~, o~:::';:-' " " '. . .. . . . other personal effects, providccl that eef-'- is in the c:omplIIlY of a law eaCorc:emeat ofticer wbcn such retrievlllls IIIlIlIo. 1llI3. Except as provided lD Parap-apb 5 oltllb Order, Delaadut b prohibited I'ruaI laaviDl ANY CONTAcr witIa PIalatUf at ..,locatloa,lDchuIlDr. bllt aet II..ltJod to.., coatad at PlalDtUI'l pa- 01 employllleat.at Boaaua RatunDt. ?O"Walallt aott- Road, CarIiII.. durial dae laoan PIalatUr Ia worlda~ Deleadaat Ia .pedfI-1tf ordered to da)' away frolD dae lonowlqlocadollllor dae d1IratIoa olW. Order. PlaJawr. ....."..ce loated at 2334 Rimer 1If&IawaY. Carlble, CamberlaDd Couaty, PeDaayIvaala, ad UIJ .daer naldeuce PIafIItHI'_y alabUab. I' 1llI4. Except as provided fa Parapapll 5 oltbls Order, DefeudaDt ..... aot _act PlaJatlfl' by teleplaone or by IIIIJ odla' 1Dau, badudfa& third partlca. ISIs. Custody 01 the mIDor daUd. Mariab Kaylce Trader. sIaaIl be as follo_: ace anadaed Temporary Custody Order o 6, Deferidant shall immediately turn over to !he Sherift's Office. or to a Iocall&w eaforccment agency for delivery to the Sherift's Office, the following weapons used ortbr-~ to be used' by Defendant in BD act of abuse against P1aintitr and/or the minor cbiIdlrm: o 7, Defendant is prohibited from possessing, UlIIISfeuing or acquiring lIllY, otber ~ tot , the duratioD of this Ordec. Any weapons deIivemi to the sberiffUllller Pamgrapb 6 of this Order or UDder Paragraph 6 of the Temporary Order sbalI Dot be rel1Imcd until further Order of Court. I I 181 8. The following additional relief is granted as authorized by fi6108 of this Act: a. This Order shall remalD in effect until modified or terminated by tile Court and ean be extended beyond Its original expiration date if the Court finds tIIat Deleadant bas committed another ad of abuse or bas engaged In a pattem or practice that iDcUc:ates c:oatiDued risk 01 harm to Plaintiff'. b. Defendant is enjoined from damaging or destroying aay property owned jointly by tbe parties or owned solely by Pllliatiff, Co Defendant Is to refrain from barasslng Plaintiff's relatives or the minor child, d. The court costs aad fees are waived, ,.j' ~ .. . " 1llI9. Deleadaat II dfncted to pay .....porll)' .apport Cor Step........ It.. TreuIer aad MuiaIa JCaylee TnIIIer u lollcnn: s.wo.oo pII'.oatIL. TIaII Order for apport...... ........ eflec:t aadl. fIaaJ .apPort order II ala'" ." daIa Coart. 1IIw~. daIa Order.......... ......Ifca117 If PlUDcur.... aot me. coillplila~ flll' s.pport wi.. .... C~wItIaIa ...... ...,. oCtII. date oftlall Order. TIt. _ut oldala hmponry order doa IIOt 'MftIIarfIJ nfIect Defeadaat's correct ..pport olollpdoa. wldda IlIaD be detenaIaed Ia acconIaace wItIt dut JPfd..llna at dut ..pport bearfq. Aay adJ.....1I1D tII. JIDaJ ..ou. oISllpJlOl't aIaaII be crecUted, nCroactfn to tIaiI date, to die .pproprlate party. [J 10. The costs of this lICtionue waivedu to P1aintifflUldimposed ODJ)mndA"t. [J II. Defimdant sball pay S* to Plaintiff'as COIIIpaIlIIItioIl for P1.intit1's out-of-poc:ltet losses. wllichare as fonows: OR [J Plainti1fis gJlII1Ied leave to present a petitioo, with appropria!e IIOticeto DefeIIdaut"to rlDSClt the IIIIIIIll oCtbe judge or court to which the petition should be pa--q requesting recoveryoC out-of-pocket 10IlSelI; The petition sba11 iucJude an exhibit j'P!,";7ing all rlAim..t out-of-pocbt 1osses, copies of Iill bi!1s and esrim.tro, of repair, IIIId an Older scheduling Ii bcariDg.. No fa: shall bo~ bytbeProthonolBly's ofticeforthe,filiDgoCtbis.petitioD",... . .., ' o 12. BRADY INDICATOR .. , I 1.0 Plaintiff or protected person(s) is a spouse, former spouse, a person who cobabitates or bas cOhabited with Defen"."i, a parent of a eommon child, a child oftbat person, or a child of Defendant. 2.0 This Order is being entered after a hearing ofwbich Defendant received actual notice and had an opportunity to be heard. 3.0 Paragraph 1 of this Order has been ebecked to restrain Defendant from harassing, ~llcil1g. or threatening Plaintiff or protected person(s). 4.0 Defendant represents a credible threat to the physical safety ofPlaintilr or other protected person(s) OR o The tenus of this Order prohibit Defendant from using. attempting to use. or threatening to use physical force against Plaintiff or protected person that would reasonably be eKpected to cause bodily injury. " , .. '. 1IlI13. TlDSORDERSUPIRCEDESIIlI ANY PRIOR PFAORDERANDGlI ANY PRIOR ORDER RELA11NG TO CHILD CUSTODY. 14, AU provtaloDl orb Order...... uplre III ODe rear. NOTICE TO DEFENDANT VIOLATION OF TBIS ORDm MAY RESULT IN YOUR ARREST ON THE CHARGE OF INDIRECf CRIMINAL CONTEMPl' WInCH IS PIJNISJIABLB BY A. FINE OF UP 1'0 SI,ooo AND/OR A JAIL SENTENCE or UP TO SIX MONTIJB. 23 PA.C.S. 16114. VIOLATION MAY ALSO SUBJECT YOU TO PROSECUTION AND CRIMINAL PENALTIES lINDER TIlE PENNSYLVANIA CRIMES CODI:. THIS ORDER IS ENFORCEABLE IN ALL PIPTY (SO) STATi'S, THE DlSI'Rlcr OF COLUMBIA, TRIBAL LANDS, v.s. TERRITORIES, ANDTBE COMMONWEALM or PUERTO RICO UNDER. THE V10LENCEAGAlNST WOMEN ACl'ION, 18 U.S.C. 12265. IF YOU TRAVEL OUTSIDE OF TIlE STATE AND 1NTENll0NALLY VIOLATE TIDS ORDER, YOU MAY BE SUBJECl TO FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACf. 18 u.s.C.II226I.2262- IF PARAGRAPH U OF THIS ORDER HAS BEEN CBECKED, YOU MAY BE SUBJECf TO nDlRAL PROSEctrrlON AND PENALTIES UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACl'ION, 18 u.s.c.I9U(G), PORPOSSESSION, TRANSPORT OR REl.:JW"l OF FIREARMS ORAMMUNI110N, NOTICE TO LAW ENFORCEMENT omCIAIS The police who have jurildlctiOD over PlaiDtifI's resideDce OR oy location where a violatioD of this Order 0CC1UlI OR where DeCeIldaat may be located, shaD ealOfte this Order. AD IU'I'elIt for violatioD of Pangraphs I through 7 of this Order may be without warrant, based solely on probable Qase, whether or Dot the violation is committed ID dae preseDce of the pollee. 23 Pa.C,S, 16113, Subsequent to aD llITtSt, the police officer shallsme aU weapoDS uaed 01' threateDed to be used during the vlolatioD of the Protection Order or during prior Incidents of abuse. The [lBSert the appropriate Dame or title) shaD maintain possessioD ofihe weapoDII until further Order of this Court, When Defendant is placed UDder arrest for violation of the Order, Defendant shaU be taken to the appropriate authority or authorities before whoa Defendant is to be arraigned, A "Complaint for Indirect Criminal Contempt" shaU then be completed and signed by the police officer OR Plaintiff, Plaintiff's presence and signature are not required to rue the complaint. Exhibit B lohn B. SlIb Robetl C. Saidl. Ocorr",)' S, Shurr AIbcr1 H. Muiane! lohnna I. Dell, RlcIwd P. MIIlIlJk, t I.mel B. Reid. Jr, Scoll D. Moore Kill M. Lcdebohm Marie W. All",,",.. Law Ofrl<<ll SAlOIS, SHUFF & MASLAND A 'lo:1IlllQNALCOIRrolATIOII 26 Welllfleh Slreet . POll Office DOl 560 Carlille, PenuT.nn" t7013.2956 Telephone: (717) 243-6222. Paclimite: (717) 243.6486 Ilm.it: III.mGhzonline,eom 4 Weal SIoon 0IItc:e: 2109 "'.... SInd CIIIIp HiD, PA t7011 Telephone: (7 17}737.J4M PIC.imlIc: (717}737.3407 Ropl, 'Ib CuIbIe March 18, 1999 Thomas Williams, Esquire 10 East High Street Carlisle, PA 17013 Re: Tressler v. Tressler Dear Attorney Williams: As your client tells me she has related to you, I am representing the interests of Joseph Tressler. It is my understanding that Mrs. Tressler has consulted you regarding the filing of a divorce on her behalf, If this statement is inaccurate, please discard this letter as, the' rest is not applicable, As I assume the statements made were accurate and you are indeed representing her interests, I am writing this letter simply to inquire about a couple of issues. First, are you intending to file a divorce and/or custody complaint on her behalf? While Mr. Tressler is indecisive as to whether he wishes to pursue a divorce, as I believe he may have hopes of a reconciliation, he has aSKed if r can find out if she is pursuing that option. Secondly, on February 17, 1999, I attended a domestic relations conference in front of Cindy Shaffer. The results of that conference were that my client has an obligation of $653.00 monthly, $350.00 being child support and $302.00 being spousal support. Given the situation of the current marital debt, all of which my client is paying, he is unable to meet this child support and spousal support obligation and keep the marital debt payments current. ' , . Although, the divorce has not been filed, if you indeed are representing the interests of Mrs. Tressler, I would appreciate if t Certified as a Civil Trilll Advocale by Ihe Nalional Board or TriaJ Advocacy ^ Pennsylvania Supreme Court Accrctliled Agency EXHIBIT "B" Exhibit C . . .. . A PROPERTY SRTTLEMENT AND SEPARATION AORRRMImT THIS AGREEMENT made thill Ii ~ day of 1,mlllff'l. - , 1999, between JOlleph L. Trelllller, of Ndwville, CUmberland County, Pennsylvania, hereinafter rot erred to aD HUllband, A N o Stephanie Tressler, of Carlisle, CUmberland County, Pennsylvania, hereinafter referred to as Wife, WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties have been livl.ng separate and apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangements therewith, including custody of their minor child, Mariah K. Tressler, O.O.B. 12/27/94), the division of I) their marital property and other rights and obligations growing out of their marriage. NOW THEREFORE, in consideration of the covenants and SAIDIS. SHUFF & MASLAND , . AnDIlNEYStA,-.uW promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and 26 W. Hip S..... C.uU.I..PA intending to be legally bound it is agreed as follows: (1) It shall be lawful for each party at all times hereafter to live separate and apart from the other party at EXHIBIT "0" . party who incurred .aid debt _hall be responsible for the payment thereof regardles_ of the name in which the account may have been charged. Husband and WiC~ ft~knowledge and agree th4t they have other outstanding joint debt_ and obligations incurred prior to the signing of this Agrsement, It is mutually agreed that Husband shall be reRponslble for all joint debt, with the exception of the lien against the 1990 Honda Accord automobile which is currently in possession of Wife. That debt shall be the sole responsibility of Wife, (5) Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. SAIDIS, . SHUFF & , MASLAND L,. A1'TDRHET!.ATlIfAW 26 W. Hip Sired Carllale,PA (6) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances. tools and other household personal property between them, and they mutually agree that each party 3 '\ SAlOIS. SHUFF & MASLAND _, " ATr1JRNKn..\T.L\W 26 W. Rlsh 5"... C.,lbl., PA .hall from and aCter tho date hereof be tho .010 and .oparato owner of all .uch property pre.ently in hio or her PO.....ion whether said property wa. heretofore owned jointly or individually by the partie. hereto, Thi. agreoment .hall have the effect of an asoignment or bill of .ale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts. (8) The parties agree that legal custody of their minor child, Mariah K. Tressler, shall be joint, with both parties having the right to make major parenting decisions affecting the child's health, education and welfare. Stephanie A. Tressler shall have primary physical custody of the child subject to Husband's partial physical custody of the child at times and places as the parties may agree. In an case, Father shall have the right to SO/SO or split physical custody of the child if he so chooses. (9) Husband agrees to pay to Wife for the use, benefit, ~3 support and maintenance of their minor child, the sum of -f'otrr 4 ~o..;JI ~ Hundred (~e8,'&) Dollars per month, and shall provide adequate insurance coverage for the benefit of the child, so long a. he is obligated to contribute to that child's welfare and support. Huoband and Wife a190 agree to split any noncovered or extraordinary medical andlor dental expenses for said minor child provided that the decision to incur extraordinary or noncovered lor dental expenses shall be a joint: decision, all be entitled to claim said child as dependent for federal income tax purposes, The parties agree that in the event of a material change in circumstances of either party, or a change in the custody arrangements set forth herein, the amount of support payments shall be sllbject to an appropriate adjustment by agreement or, if the parties are unable to agree, by order of a court of competent jurisdiction, and the amount ordered by any such court shall be deemed to be the amount due hereunder, (10) Except as otherwise provided herein, Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. SAID IS, SHUFF & , MAS LAND ~ . ....TrmNlr.Y!oAT.uW ; %6 W. Hip Sir'" , C.ullJle. PA (11) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made 5 agAinst him or her by rea.on of debt. or obligation. incurred by the other party, (12) Each of the partiell ,hall from time to time, at the reque.t of the other, execute. acknowledge Illld deliver to the other party any and all further inlltruments that may be reasonably required to give full force and effect to the provision of this Agreement. (13) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of. and is familiar with. the wealth, real and personal property, estate and assets. earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or stat~ment thereof in this Agreement is specifically waived. (14) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (lS) It is further specifically understood and agreed by SAlOIS, SHUFF & MASLAND A~AT.uW 16 W. Hlsh SIR<t Car.bl., PA and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support. 6 maintenanco, alimony, alimony pendente lite, counael toe., COle. and exp,n.e., equitable distribution ot marital property and any other claims of each party, including all claims which have been raioed or may be raieed in an action Cor divorce, t t l c (161 Except III may be otherwise specifically provided in this Agreement, Husband and Wite, for themselves, their heirs, representatives and assigns, each hereby forover releases, remises, discharges and quitclaims the other, and such other's , I heirs, representatives, assigns and eetate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All right'" of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; SAlOIS, SHUFF & MASLAND . A1TDRNn'!i'AToUW 26 W. HI&h SIJtd COrll>l.. PA E. All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired. including but not limited to all rights or claims: 7 , . (1) to take againet the other's will; (2) under the l^ws of intestacy; (3) to a family exemption or similar allowanee; and (4) all other rights or authority to partieipate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, sAIDls, SHUFF & MAS LAND ArrottNEYIIAT'LAW Z6 w, HI&h SIrteI Carlisle. PA territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. 8 . (17) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provl8ion of thl8 Agreement 18 determined to be invalid or unent'orceable, all other provisions shall continue in full t'orce and effect. (18) In the event that either of the parties shall recover l r a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (20) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, SAIDlS, SHUFF & MASLAND . . '. ATmItf€YS.ANAoW representations, or agreements, oral or written. of any nature whatsoever. other than those herein contained. 26 W. Hlsh SIRet C.ull,I.. PA (21) This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. 9 . . " . ,0, ,. ..... , '. . IN WITNESS WHEREOF. the parti.. hereto intending to be legally bound have hereunto set their hands and seala the day and year first written above, Wit ess SAIDIS. SHUFF & MASLAND ." ....1'1'ORNlP:\'SoIATOUW 26 W. Hip Sired Carlisle, PA 10 JOSEPH L. TRESSLER, PlaintilT IN TIlE COURT OF COMMON PLEAS OF ClJMBERLAND COUNTY, PENNSYI. VANIA v. CIVIL ACTION - LA W STEPHANIE A. TRESSLER, Defcndant NO. 99-2111 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of Decembcr, 200 I, upon rclation of counscl that this mailer is in the process of being resolvcd amicably, thc hearing prcviously scheduled for Decernber 6, 2001, rcgarding Defcndant's Pctition To Void Purported Post-Nuptial Agreement, is cancellcd, BY THE COURT, J Johnna J. Kopecky, Esq. 26 W. High Street Carlisle, P A 17013 Attorney for Plaintiff ~~ IJ,01.{)1 Thomas J. Williams, Esq. Ten East High Street Carlisle, PA 17013 Attorney for Defendant 9- :rc n r-, ,- ~:~ '...- " -:'J : ::-? n :(~ ;'q ~~ .') :! .- r"- {~-: I .. ;, '-I (--, " r'_ , .. ' 1__. .- -';'l :);i~ ,'-~ , 1 I-'~ ~:" J ~. <-" - (,.) I n ',' .. . " ;.., :< .J S (.j -: MQW&:6 ".:N EAST RICH STREET CARUSlf. rENNSYLVANIA 17013 MAR 0 5 200z \P ~. ..---.-.' ----"...- ,"'''.,' ,-"U',e.'" -- ,'.....,"""',....,'..:l~<,l";T..~' - \ '( '" Altcrnate Payec on a beneficiary form provided by thc Fund Office on request, or if no beneficiary is selcctcd, to the Altcrnatc Paycc's estate. 5. Thc Alternate Payee may elect 10 receive payment from the Plan at the Participant's earliest retircment age, or, if earlicr, at the earliest datc permitted under thc Plan. For purposes of this paragl'3ph, the Partieipant's earliest retirement age means the carlier of (i) the datc on which the Participant is entitled to a distribution under the Plan, or (ii) thc later of (a) the date the Participant attains age 50 or (b) the edJ'liest datc on which the Participant could begin recciving benefits under the Plan ifthc Participant separated from service. III, Other Provisions 1. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and section 206(d) ofthe Employee Retirernent Income Security Act of1974, as wnended, and shall be interpreted in a manner consistent with sueh intention. 2. The Court shall retain jurisdietion to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. Ifthe Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. 1!vd~ By"""'-; ,,~ Thomas J. William quire MARTS ON DEARDORFF WILLIAMS OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant By Johnna J SAIDIS, F, LOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff BY THE COURT, Dated: , J . 11.'1.. f\crp\e3 tila.\ \e @,(jp-tj:J-.1 lRXS -t:o, rttry: 1t LL 10..1'05 o /1opeckj (') C, CI ~; '" , ""Of;: ~~ t!)!~ :'0 .1.- ,.' , fh~' I d. r~:'C ,., .-l. ~. 1-' .~ u J> ("~ I_I ZC ':.,1 >c:: (,~) I " ~3 :n :::1 ~~ -, \0 -< V!NVt\lASNN~d A.l:\n::':I "'::,"":y:v~m 01:: : II iiV 9- J J:I (,f) IV"" . 'Id";'.:',..' .~ :1_ _.jt:) "I.) ...' :.;1'_' SAlOIS, SHUFF & MASLAND ATTOIlH!YSeAT'lAW 26 w, HIIb S".., C.nIl.le,PA , , party who incurred said debt 8hall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have other outst.anding joint debts and obligat~ons ~ncurred prior to the signing of this Agreement. It is mutually agreed that Husband shall be responoible for all J oint debt. wi th the exception of the lien against the 1990 Honda Accord aut.omobile which is currently in possession of Wife. That debt. shall be the sole responsibility of Wife. (5) Each party relinquishes any right.. t.it.le and interest. he or she may have t.o any and all motor vehicles currently in possession of the other party. Each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party. and shall hold harmless and indemnify the other party from any loss thereon. (6) The parties hereto mutually agree that they have effected a satisfactory division of the furniture. household furnishings, appliances, tools and other household personal property between them. and they mutually agree that each party 3 shall from and after the date hereof be the sole and separate owner. of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto, (7) Each party hereby relinquishes any right, title or I' I: interest he or she may have in or to any intangible personal I II II ! property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts. (8) The parties agree that legal custody of their minor child, Mariah K, Tressler, shall be joint, with both parties having the right to make major parenting decisions affecting the child's health, education and welfare. Stephanie A. Tressler shall have primary physical custody of the child subject to Husband's partial physical custody of the child at times and places as the parties may agree. In an SAlOIS, SHUFF & MASLAND AT'T'ORNF.Y!;tAT.U.W case, Father shall have the right to 50/50 or split physical custody of the child if he so chooses. 26 w. "lib Sir..! CoJrUlle,PA (9) Husband agrees to pay to Wife for the use, benefit, ~t 3 support and maintenance of their minor child, the sum of i'otrr 4 SAlOIS, SHUFF & MASLAND ^~AT.UW 26 W. Hlsh Suee, c.rliJl.. PA 3~O~ tP ~ Hundred <.166,00) Dollars per month, and shall prOVide adequate insurance coverage for the benefit of the child, so long as he is obligated to contribute to that child's welfare and support, Husband and Wife also agree to Spllt any noncovered or extraordinary medical and/or dental expenses for said minor I child provided I: d II I: /: Ii I: Ii I I , , i i that the decision to incur extraordinary or noncovered decision. UlH'~ lor dental expenses shall be a jOint \ , all be entl tled to claim said child as dependent for federal income tax purposes. The parties agree that in the event of a material change in circumstances of either party, change or a in the custody arrangements set forth herein, the amount of support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by order of a court of competent jurisdiction, and the amount ordered by any such court shall be deemed to be the amount due hereunder. (10) Except as otherwise provided herein, Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (11) Nei ther party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made 5 SAlOIS, SHUFF & MASLAND ATI'ORNn'II;:.ATIL\W 26 W. Hlsh Sttet' Carlisle. PA against him or her by reason of debts or obligations incurred by the other party. (12) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provision of this Agreement. I (13) The parties do hereby warrant, represent, acknowledge I ! and agree that each is fully and completely informed of, and is i I familiar with, the wealth, real and personal property, estate ,j and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. (14) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, 6 " maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, ~quitable distribution of marital property and any other claims of each party, including all claims which have been i j I raised or may be raised in an action for divorce. (16) Except as may be otherwise speCifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, I I remises, discharges and qui tclaims the other, and such other's I' 'I I 1 I I heirs, repreSentatives, estate, with assigns and from and respect to the folloWing: A. All liability, claims, causes of action, damages, costs, Contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; SAlDIS. SHUFF & MASLAND ATmR~"T'LA\!. 26 W. Hlsh S"... c.,llIlo, PA D. All widow or Widower's rights; E. All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: 7 ._, -.- .~. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. Wit ess SAlOIS, SHUFF & MASLAND A~AT'LAW 26 W, Hlsh Sir", CarU.le,PA 10 ~T~M\I~ o..e tUIMI"I", AN ..... 114MI1'IU. AM """ FilE COpy JOSEPH L. TRESSLER. Plaintiff IN TIlE COURT OF COMMON PLEAs OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 99.2111 CIVIL ACTION. LAW STEPHANlE A. TRESSLER. Defcndant IN DIVORCE I. Identifying Information STIPULATED OUALlFlF.D DOMESTIC RELATIONS ORDE~ 1. The Participant is Joseph r.. Tresslcr. The Participant's social sccurity numbcr is 445-80.7734, The Participant's addrcss is C M E Lot 127, Newvillc, Pennsylvania 17241. 2. The Alternate Payee is Stephanie A. Tressler. The Alternate Payee's social security number is 208-64-3957. The Alternate Payee's address is 2334 Ritner Highway, Carlisle, Pennsylvania 17013. The Alternate Payee's date of birth is 6/30/69, 3. The parties were martied on 9/28/87 and are in the process of obtaining a divorce. The parties raised claims 0 f equitable distribution of marital property pursuant to the ' Pennsylvania Divorce Code. , II, Method of Dividing Partieipant's Benefits I. The plan shall pay to the Alternate Payee 543,643.41 from the Participant's Retirement Income Plan 1987 as of September 30,2001. 2. Tne Fund shall separately aCCOlUlt for the benefits awarded in Paragraph 1 of this Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date set forth in Paragraph I of this Section II, 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant other than in the form ofajoint and survivor annuity, 4, The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternare Payee should die prior to receiving all of her benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, th s all a benefits to a beneficiary selected by the . A/!emate Payee on a beneficiary form provided by the Fund Office on request, or if no beneticiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Pl:m at the Partieiplltlt's e:ll'liest retirement age, or. ife:ll'lier, at the e:ll'liestdate permitted under the Plan, For purposes of this p:ll'agraph. the Participant's e:ll'liest retirement age mellll3 the earlier of (i) the date on whicb the Participant is entitled to a disnibution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) tbe earliest date on which the Partieipant could begin receiving benefits under the Plan if the Participant separated from service. m. Other Provisions 1. This Order is imended to constitute a qualified domestic relations order within the meaning ofseetion 414(P) of the [mernal Revenue Code of 1986, as amended and section 206( d) ofthe Employee Retirement Cncome Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 3. It is recognized that the Alternate Payee may elect to conunence receiving benefits before the Participant retires. [fthe Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. ~T" 0_ By ~/ '....../ /".. ' Johnna J, pecky/Esquire" SAIDIS,M'FF,'FLOWER & LE\I'DSA Y 26 West High Street Carlisle, PA 17013 (717) 243-6222 rmey for Plaintiff ..,.t.. By Thomas J, Williams, Esquire MARTSON DEARDORFF WILLIAJ.WS OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant BY THE COURT, Dated: , J "-'-'-~-'",~,---,,,- . ';". ("~--,:-: :~,"."::;':":':;"i ?!;~'.:"!'J;'I. 't::;;~~, lViDW&O 'HMLt.cAnclHoAiMca'AlMlCACY TEN EA..rr HIGH STREET CAWSLE, PENNSYLVANIA J 70 13 "~~~jj.f;:':'";.):t~RJka:~!"'~:;I:~;.;".-,D~,.., .;..." :". JuK; 2002 "'..'.::.,,. ,,'--, ""''''',j'.-, >- .:r ;>- 0; c- ;:s z u,r? :..Jdo ( ).:. C):.;~; jt'..,,- z: ._l::' ;;5':: "'" ~:\> 2) , "'5-: ~. '~S~'J wr c:~. - :fjib .J. 5 :!In.. ,. -J :::: u.. <'oj ::.:J 0 0 (;) '," I:; . , CLEARY ~ JOSEM LLP ATTORNEYS ANO COUNSELLORS AT LAW BUITE 300 1420 WALNUT IlTREET PHIlADElPHIA. PENNSYLVANIA 19102-4097 FORT WASHINGTON OFFICE 1378 VIRQINIA DAIVE. SUITE RoS FORT WASHINGTON. PA 18034-3238 12S7'4SS,OS9S fAX 12S7) 499,09S7 E.MAIL: OLS.CLEARYJOSEM.COM JOSEPH T. ClEARY' WILLIAM T. JOSEM' MARILYN T, JAMAIN REGINA C. HERTZIS" JEREMY E, IoIEYiR" CASBIE R. EHRENBERO' or.NtEL F. ASHTON"' 121el 73ll-S09a ' fAXI21S1 aSS.1SBS WWW.ClEARYJOSEM.CDM e.MAll: lABORDClEARYJOSEM.COM ~u NEW JERSEY OFFICE 4!5D TILTON ROAD. SUITE 220 NOATHFIELD. NJ 09225-1258 IB09) 407,0222 fAX IB09) 484.0SS7 - ADMlfTlD Iff M...., .."" "AOM'ftlO 111I 'A. NJ . ADMln,v IIIl NT .. Ill" May 3, 2002 Johnna J. Kopecky, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street ) Carlisle, P A 17013 ThomasJ. Williams, Esquire Msrtsoll, Deardorff, Williams & Otto Ten East High Street 'Carlisle, P A 17013 Re: Central Pennsylvania Teamsters Pension Fund; Tressler v. Tressler: Domestic Relations Order ParticiDant: Joseph L. Tressler, SS# 445-80-7734 Alternate Pavee: Stephanie A. Tressler, SS# 208-64-3957 Dear Ms. Kopecky and Mr. Williams: This firm represents the Central Pennsylvania Teamsters Pension Fund ("Fund"), The domestie relations order submitted in the above-referenced matter has been referred to me for review. I am writing to advise you that the order must be modijiedbefore it could be deemed by the Fund's Trustees a Qualified Domestic Relations Order, as that term is defined in section 414(p) of the Internal Revenue Code of I 986, as amended ("IRC"), and section 206(d) ofthe Ernployee Retirement Ineome Security Act of 1974, as amended ("ERISA"). Under Section 206(d)(3)(C) of ERISA, 29 U.S.C. gI056(d)(3)(C), and Section 414(P)(2)(D) of the IRC, 26 U.S.C. g414(p)(2)(D) an order may only be qualified if it identifies "each plan to which such order applies." This is especially important because the Fund administers three separate Plans: the Defined Benefit Plan, the Retirement Income Plan 1987 and the Retirement Income Plan 2000. According to Fund records, the Participant has accrued benefits only under the Retirement Ineonie Plan 1987. Therefore, please insert language stating that the order applies to the Central Pennsylvania Teamsters Retirement Income Plan 1987. .. Johnna J. Kopecky, Esquire Thomas J. Williams, Esquire May 3, 2002 Page 2 If the above ehange is made, the Fund would qualify the order and would interpret it as described below. As noted above, the order would apply only to the Fund's Retirement Ineome Plan 1987, The name, address and social security number of the Partieipant are as follows: Joseph L. Tressler CMELot 127 Newville, P A 17241 SS# 445-80.7734 The name, address and social security number of the Alternate Payee are as follows: Stephanie A. Tressler 2334 Ritner Highway Carlisle, PA 17013 SS# 208.64-3957 The order would require the Fund to segregate into a separate account for the Alternate Payee an amount equaJ to Forty-Three Thousand Six Hundred Forty-Three Dollars and Forty-One Cents ($43,643.41) from the Participant's Account in the RetirementIncome Plan 1987 effective September 30,2001. The amount in the Alternate Payee's account will be credited with a promta portion of any gains, losses and expenses of the Retirement Incorne Plan 1987 from September 30, 2001 to the Valuation Date immediately preceding the date of distribution of her interest. Assuming that a final order signed by the appropriate court is submitted to the Fund and ' qualified as a QDRO, payment of benefits to the Alternative Payee can begin when the Participant reaches his "earliest retirement date" as that tem is defined in Section 206(d)(3)(E) ofERJSA and Section 414(p)( 4) ofthe IRC. Under the current terms of the Plan, this means that an alternate payee can receive benefits when a vested participant reaches age 57, normal retirement age, or when the participant has reached age 55 and has completed twenty (20) years of service. According to the Plan records the Participant's estimated nonnal retirement date is September 1,2026. Therefore, the early retirement date may be as early as September I, 2024 assuming he has accumulated 20 years of service by that date. Under the Fund's current distribution rules, no earlier distribution is permitted. The Alternate Payee may elect any form of payment available to participants under the Retirernent Income Plan 1987, other than a joint and survivor annuity with respect to the Alternate Payee and a subsequent spouse. The Alternate Payee may file a Beneficiary Designation Form to designate the person who will receive her benefits if she were to die prior to payment of her benefits. Johnna J, Kopecky, Esquire Thomas J. Williams, Esquire May 3, 2002 Page 3 r: F i I I r" r If you have any questions or comments regarding this matter, please contaet me. If the above interpretation does not reflect the intentions of the parties, please feel free to submit a revised domestic relations order for my review before submitting this maUerto court, Any final, signed order should be submitted directly to the Fund to Richard R. Weiler, Pension Benefits Manager, Central Pennsylvania Teamsters Pension Plan, P.O. Box 15223, Reading, PA 19612.5223. " , Very truly-ours, .-E~ Y E. MEYEr cc: Joseph J. Samolewicz, Administrator Richard Weiler, Pension Benefits Manager .I F '.flU'_'i',IlA T AfIll!\(IrnJ<" (Uf'IOJ1Q'Qdllll'lJ' CfI'alrd 0111510:01 10 01 AIo, ~~ 1""llIIJlIlllnl"AM IOHlll ~' JOSEPH L. TRESSLER, Plainti IT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.99-2111 CIVIL ACTION - LAW STEPHANIE A. TRESSLER, Defendant IN DIVORCE STIPULATED OUALlFIED DOMESTIC RELATIONS ORDER I, Identifying Information I. The Participant is Joseph L, Tressler. The Participant's social security number is 445-80-7734. The Participant's address is C ME Lot 127, Newville, Pennsylvania 17241. 2. The Alternate Payee is Stephanie A. Tressler, The Alternate Payee's social security number is 208-64-3957, The Alternate Payee's address is 2334 Ritner Highway, Carlisle, Pennsylvania 17013. The Alternate Payee's date of birth is 6/30/69. 3. The parties were married on 9/28/87 and are in the process of obtaining a divorce. The parties raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, II, Method of Dividing Partielpant's Benefits 1. The plan shall pay to the Alternate Payee $43,643.4 I from the Participant's Retirement Income Plan 1987 as of September 30,2001. 2. The Fund shall separately aecount for the benefits awarded in Paragraph I of this Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from the date set forth in Paragraph I of this Section II. 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits rnay be paid under the Plan to the Participant other than in the form ofajoint and survivor ann'Jity. 4, The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a beneficiary designation form with the Fund Office, In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payce on a beneficiary form provided by the Fund Office on request. or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age, or, ifearlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Partieipant separated from service. III, Other Provisions I. This Order is intended to constitute a qualified domestic relations order within the rneaning of section 414(p) of the Internal Revenue Code of 1986, as amended and section 206(d) ofthe Employee Retirement Income Security Act of1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. This Order is intended to apply to the Central Pennsylvania Teamsters Retirement Income Plan 1987, 3. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 4. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires, If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish . eli ' .' or benefits, By ---Lh Thomas J. Willia s squire MARTSON DEARDORFF WILLIAMS OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendant !P.~ By Joh SA , SH 1', FLOWER & LINDSAY 26 West High Street Carlisle, PAl 70 I 3 (717) 243-6222 Attorney for Plaintiff Dated: (" _ / 3- D?..