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Home My WebLink About03-2081REAGER & ADLER, PC BY: Debra Denison Cantor, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff TRACY BURDULIS-TROUT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. BART ALLEN TROUT, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: Debra Denison Cantor, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff TRACY BURDULIS-TROUT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BART ALLEN TROUT, Defendant : NO. CIVIL ACTION - LAW IN DIVORCE USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en ]as paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 TRACY BURDULIS-TROUT, Plaintiff V. BART ALLEN TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Tracy Burdulis-Trout, an adult individual who currently resides at 38 Golfview Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Bart Allen Trout, an adult individual who currently resides at 413 Hummel Avenue, Apt. #2, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 13, 1998, in the State of New York. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1 ) child of this marriage under the age of eighteen years, namely Hailey Gabrielle Trout, date of birth November 5, 1998. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully submitted, REAGER & ADLER, PC Dated: By. ira De tor, Esquire Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff I, Tracy Burdulis-Trout, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: TRAM BURDULIS-TROUT el L-- ?J'' 1 CID _) R V 6 ? J r' TRACY BURDULIS-TROUT, Plaintiff V. BART ALLEN TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2081 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Bart Allen Trout, accept service of the Complaint in Divorce in the above captioned matter. Date: 15- @ C alr? ma y. U C. A CYO -C TRACY BURDULIS-TROUT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 03-2081 BART ALLEN TROUT, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF ON ENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 2, 2003. The marriage of Plaintiff and Defendant is in-etrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: C) { J Tracy Burd lis-Trout S_`3 !'1 ? ?? i ?n '[34x7 rry (Tf(TI ^tl _.. L-C t ?.) _? N ; ?-? .. ;.,. C7 ? ? F ..? ? ,. TRACY BURDULIS-TROUT, Plaintiff V. BART ALLEN TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2081 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CQDE I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I 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 thatthe statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. -.XZy1c DATE: ?a(?I?3 `J/7Lle^??' Tracy Bur lis-Trout C CO cn G? - Z Z S_ ,,. rrt Ui i MARITAL SETTLEMENT AGREEMENT This agreement is made on the 20th day of March, 2003, between Tracy Lynn Burdulis-Trout, the Wife, who lives at 38 Golfview Road, in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania and Bart Allen Trout, the Husband, who lives at 413 Hummel Avenue, Apartment #2, in the Borough of Lemoyne, County of Cumberland, State of Pennsylvania. We were married on the 13th day of June, 1998, in the City of Canandaigua, County of Ontario, State of New York. C? The following children were born or adopted into our marriage: Hailey Gabrielle Trout November 1998 Female ,.' Child's name Child's birth date Child's sex _ O? C7 As a result of disputes and serious differences, we have separated an ? e row living apart and intend to continue to remain permanently apart. We desjre*p ? .c to settle by agreement all of our marital affairs, including the division of all of our property and bills. Also all issues relating to our child, including custody, visitation, and child support. THEREFORE, in consideration of our mutual promises, and other good and valuable considerations, we agree as follows: 1. We both desire and agree to permanently live separate and apart from each other, as if we were single, according to the terms of this agreement. We both agree not to annoy, harass, or interfere with the other in any manner. 2. We both agree that the following issues have been, resolved as follows: REAL ESTATE: The deed for the home at 38 Golfview Road, Camp Hill, Pennsylvania, 17011, will be transferred to the wife, who resides at the home and will be responsible for the mortgage, all insurance, taxes, utilities, and expenses associated with the property. VEHICLES: The wife will claim free and clear title to the 1997 Mercury Villager free and clear of any claim by the husband. The wife agrees to assume and pay the debt owed for the automobile and holds the husband harmless from any and all claims arising from such debt. Page 1 of 5 The husband will claim free and clear title to the 1998 Saturn SL1 free and clear of any claim by the wife. The husband agrees to assume and pay the debt owed for the automobile and holds the wife harmless from any and all claims arising from such debt. HOUSEHOLD GOODS: The husband and wife have agreed on and divided all household items. PERSONAL PROPERTY: All personal property has been divided to the satisfaction of the husband and wife. DEBTS: All debts have been divided and paid to the :satisfaction of the husband and wife. BANK ACCOUNTS: The husband and wife have no savings accounts. The checking accounts have been divided, and then closed, to the satisfaction of both parties. LIFE INSURANCE FOR SPOUSES: All life insurance policies have been divided to the mutual agreement of both the husband and wife. INCOME TAXES: The tax return has been divided to the agreement of the husband and wife prior to the creation of this Marital Settlement Agreement. ALIMONY: Alimony will not be paid by husband or wife. Both parties understand that they waive all future claims to alimony. CUSTODY: The wife will have custody, care, and control of the minor child. VISITATION: The non-custodial parent is granted visitation on the following terms: every other weekend (Friday evening to Sunday evening) and one evening each week. CHILD SUPPORT: The non-custodial parent will pay, in support of the minor child, $200 per week, paid directly to the custodial parent, as outlined above. MEDICAL COVERAGE & NON-COVERED MEDICAL EXPENSES: The husband will provide medical insurance for the minor child through his employer or purchase such insurance through a private agent. The non-custodial parent shall pay all non- covered medical, dental and optical expenses after the custodial parent pays the first $50 of this expense. LIFE INSURANCE FOR CHILD: Both the husband and wife will provide life insurance policies benefiting the minor child and obtained through their employers or through a private insurance agent. TAX EXEMPTIONS: The wife will claim the following minor child as an income tax exemption: Hailey Gabrielle Trout. 3. We both agree that, in the event of divorce or dissolution of marriage, the Wife may desire to and shall have the right to be known by the name of Tracy Lynn Burdulis, her maiden name. We also agree that, in the event of divorce or Page 2 of 5 dissolution of marriage, the child shall continue to use the name shown on her birth certificate. 4. We both desire that, in the event of our divorce or dissolution of marriage, this marital settlement agreement be approved and merged and incorporated into any subsequent decree or judgment for divorce or dissolution of marriage and that, by the terms of the judgment or decree, we both be ordered to comply with the terms of this agreement, but that this agreement shall survive. We have prepared this agreement cooperatively and each of us has fully and honestly disclosed to the other the extent of our assets, income, and financial situation. We have each completed Financial Statements which are attached and incorporated by reference. We both understand that we have the right to representation by independent council. We each fully understand our rights and we each consider the terms of this agreement to be fair and reasonable. Both of us agree to execute and deliver any documents, to make any endorsements, and do any and all acts that may be necessary or convenient to carry out all of the terms of this agreement. We agree that this document is intended to be the full. and entire settlement and agreement between us regarding our marital rights and obligations and that this agreement should be interpreted and governed by the laws of the State of Pennsylvania. We also agree that every provision of this agreement is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest, and representatives of each of us. Page 3 of 5 Signed and dated this aO`/71 day of Oa mss[--__, 2003. b1 a4 witness for wife d w4L itness for wife VY' 1 0 0 D_ witness for Husband witness for Husband State of Pennsylvania ) County of Cumberland ) SS. On this day, before me, the undersigned authority, in and for and residing in the above county and state, personally appeared Tracy Lynn Burdulis-Trout, who is personally known to me to be the same person whose name is subscribed to the foregoing document, and, being duly sworn, she verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that said document was signed as a free and voluntary act for the purposes stated. Subscribed and sworn to this - day of j{I/ ?La1d1_, 2003. Narne ?au slgr' Lure My commission expires: 4? v / `tv NOTARIAL SEAL Page 4 of 5 Judy S. Grdjan, Notary Public Lemoyne Borough, County of Cumberland My Corr On Epiras Jun. 7, 2DD4 State of Pennsylvania ) SS. County of Cumberland ) On this day, before me, the undersigned authority, in and for and residing in the above county and state, personally appeared Bart: Allen Trout, who is personally known to me to be the same person whose name is subscribed to the foregoing document, and, being duly sworn, he verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that said document was signed as a free and voluntary act for the purposes stated. Subscribed and sworn to this ia& day of -M ardl 2003. Name a si.gna re My commission expires: -O CSI NOTARIAL SEAL Judy S. Grdjan, Notary Public Lemoyne Borough, County of Cumberland My Commission Expires Jun. 7, 2004 Page 5 of 5 TRACY BURDULIS-TROUT, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-2081 BART ALLEN TROUT, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF NSFNT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 2, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Bart Allen Trout c? ON U Q GT? TRACY BURDULIS-TROUT, Plaintiff V. BART ALLEN TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-208[ CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION To RE E T ENTRY OF DIVQRCE DECREE UNDER 3301(c) OF THE DIVORCE DE I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE: I I 9- Q 3 _ Bart Allen Trout O W CM y C N ?7 O? 70? 7Cr S O v TRACY BURDULIS-TROUT, Plaintiff V. BART ALLEN TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2081 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301 c d of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 28th day of May, 2003, by signing an Acceptance of Service. Acceptance of Service was filed with the court on June 3, 2003. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Tracy Burdulis-Trout, Plaintiff, on September 24, 2003,2003; by Bart A. Trout, Defendant, on November 7, 2003. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: September 30, 2003 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: November 26, 2003 Respectfully submitted, REAGER & ADLER, PC DATED: ra so Attorneys for Plaintiff t antor, Esquire 2331 Market Street Camp Hill, PA 17011. (717) 763-1383 ?,' ? .-. ,?;? N m ? _? ? _ O m ? CJ? IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. TRACY BURDULIS-TROUT No. 03-2081 VERSUS BART ALLEN TROUT DECREE IN DIVORCE AND NOW, 1:100n? , ?5 1003t2.4'°PM , IT IS ORDERED AND DECREED THAT TRACY BURDULIS-TROUT PLAINTIFF, AND BART ALLEN TROUT ,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; The terms of the parties' Marital Settlement Agreement dated March 20, 2003 and attached hereto are incorporated herein and merged herewith. ci,7 q- (fl TRACY BURDULIS-TROUT, Plaintiff V. BART ALLEN TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2081 CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RESUME MAIDEN NAME Notice is hereby given that a final decree in divorce being granted, Tracy Burdulis- Trout hereby elects to resume her prior name of Tracy Burdulis, and gives this written notice of her intention in accordance with the provisions of 54 Pa.C.S. Section 704. Tracy Burdug-Trout to be known as: ytu:c?x ????U Tracy Burduris COMMONWEALTH OF PENNSYLVANIA COUNTY OF Ck`P r la "4 ss. On the 11fti day of F? 2004, before me, a Notary Public, personally appeared Tracy I urduhs- rout, tab/k/a Tracy Burdulis, known to me to be the person whose name is subscribed to the within document: and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. / &d I/ Public otary Public "'anal 9 Deborah L &ermeman, Notary Camp Hill Boro. Cumberland County My Commmission Expres June 18, 2006 ? Ef Cl r -CO C C cli C) nt J{ t?C r 5 fn acv r-.,) t1r ^TI S ? m ?o (-? C7 l TRACY LYNN BIXLER Plaintiff VS. BART ALLEN TROUT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-2081 :CUSTODY PETITION TO MODIFY CUSTODY AND NOW, comes Petitioner, Tracy Bixler, by and through her attorney, Mark A. Mateya, and respectfully represents: 1. The Plaintiff/Petitioner is Tracy Lynn Bixler (hereinafter "Mother") who presently resides at 647 Brisbain Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant/Respondent is Bart Allen Trout (hereinafter "Father") presently residing at 413 Hummel Avenue, Apartment #2, Lemoyne, Cumberland County, Pennsylvania. 3. Hailey Gabrielle Trout, (hereinafter"Child"), was born in wedlock on November 5, 1998. 4. The parties were divorced in Cumberland County, Pennsylvania on December 8, 2003. See Exhibit A. 5. The Divorce Decree in paragraph two, awards custody of child to mother and visitation to father. 6. Mother seeks to modify custody to reflect the real world facts that have taken place since the date of the Divorce Decree, namely: a. The Child is in an unstable environment when she is with the Father; b. The Child has allergies and a family history of asthma and is exposed to excessive amounts of second-hand smoke as there are three (3) adults who reside in Father's residence who smoke; C. Father allowed his son, Wayne Hess to smoke when he was a minor; d. Father and the step-mother argue excessively in front of the Child during Father's custodial visitation times; e. Father's 18 year old step-son from a prior relationship lives with the Father and does not work, nor is he a student which is a bad example for the minor Child; f. During periods of custodial visitation with Father, the Child does not have any scheduled mealtimes or bedtime and is allowed to watch television until late hours; g. Father does not consistently pick the Child up for his custodial visits at a set time; h. During Father's custodial visitations, the Child arrives at school the next day unprepared, with little or no breakfast, prepared lunch or lunch money, and is outfitted in ill-fitting clothing or seasonally inappropriate clothing; 1. Father does not participate or show interest in the Child's education; j. Father views pornographic materials excessively which the Child's older sister has viewed. Father views pornographic materials on his computer to which the Child has access to. 7. Plaintiff/Petitioner seeks to modify custody because a. Father has taken child and kept her away from mother with threats of not returning her, contrary to the present custody order; -2- b. Child is thriving with mother, and mother wishes to stabilize the custody situation with an Order granting her physical custody throughout the week without interruption. c. Child is exposed to cigarette smoke while she is in the custody of Father; and child has allergies and a family history of asthma; d. The Child is in an unstable environment when she is with the Father; e. Father and the step-mother argue excessively in front of the Child during Father's custodial visitation times; f. During periods of custodial visitation with Father, the Child does not have any scheduled mealtimes or bedtime and is allowed to watch television until late hours; g. Father does not consistently pick the Child up for his custodial visits at a set time; h. During Father's custodial visitations, the Child arrives at school the next day unprepared, with little or no breakfast, prepared lunch or lunch money, and is outfitted in ill-fitting clothing or seasonally inappropriate clothing; 1. Father does not participate or show interest in the Child's education; j. Father views pornographic materials excessively which the Child viewed. Father views pornographic materials on his computer to which the Child. -3- WHEREFORE, Plaintiff requests this Honorable Court to modify the custody Order to reflect the present custody arrangement between the parties. Dated: Ct Respectfully submitted, r), 11 ak'v? ' :' Mark A. Mateya Attorney I.D. No. 7 931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff -4- VERIFICATION I, Tracy Lynn Bixler, verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. TRACY LYNN BIXLER DATED: cJ ay , o? Op -5- V' -! f ?_ _ TRACY LYNN BIXLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. BART ALLEN TROUT DEFENDANT 03-2081 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 10, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, November 09, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ac ueline M. Verne Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 90' 0/ p/ twlv? -110 f .1 TRACY LYNN BIXLER Plaintiff VS. BART ALLEN TROUT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2081 :CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 6th day of November, 2006, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Petition to Modify Custody was filed to the above term and number on October 4, 2006. 2. On October 23, 2006, a certified copy of the Petition to Modify Custody and Order of Court scheduling a Custody Conciliation was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. See the Receipt attached hereto as Exhibit "A" and incorporated herein by reference. 3. On October 23, 2006, a certified copy of the Petition to Modify Custody was sent to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. 1 4. On or about November 3, 2006, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on November 1, 2006. Said receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, Mark A. Mateya, Es e Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff A. 0 0 U.S. Postal Service,,, CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) U-11 .ire .. LAP -T rn i ru Postage $ 0 Certified Fee s. ail Q ; `1 `Y G ftWr k C3 p Return Reciept Fee (Endorsement Required) r Were . , C3 Restricted Delivery Fee ?,?l) ` O (Endorsement Required) Ln Total Postage & Fees Q.5E 23' 21106 M C3 ent T n A! u ---- ,? -- --- ---- ........... ........ or PO op Box t:IV No. f'/ o.; fam# / PO /?/ .. f A y . CftY,s'O o ,, f'A 17?` PS Form 3800, June 2002 See Reverse for Instructions ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Dei is desired. ¦ Print your name and the reverse so that we can reum the ¦ Attach this card to the b-aiAL , or on the trout if space ,s /'! A Signature x ? Agent ? Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Item 1? '? Yes If YES, enter delivery address below. ? No 3. m oyA) PR ServOWfpe ,C Ce 117043 rtified Mail ? Express Mail ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? Pft Fee) Y? 2. Article Number MWIsAer from service latep 7 0 0 3 ..#Trq O 00'0 4 4 5 2.5 0 6 Ps Form 3811, February 2004 Domestic Retum Receipt 102595.0244-154a J, i+rncres?aareaaea to: ,B T A ?,e ou-T ?y SQL, jIERM4,v AVE StatusAlert(TM) Ili Page 3 Qf 3 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER r' Received From: ,4? A . -7Y1 ap Q t? x'11 pT >a , Es P, 0. --&x M I #T orL l Ai ,-- 501,446-:5 PA rlool One piece of ordinary mail addressed to: A? A. / Y, 0 u"r ,5-6 EXm,4A, A V t- LEM0L? AA 170#8 • P P ? " y O y o o F o{FF S1I-1 Z V1 . c,_,. ?G C7NZ cwc,crn-•-V LO D L (Jl -1 •?.I? o? 4 it z 3> M V) v D PS Form 3817, Mar. 1989 Page 2 of 2 Get your free Verizonmail at www.verizonmail.com per. -TI J, y _ Y C: !. a rca 7/ 11) /1) MA Nov 13 20 to/ TRACY LYNN BIXLER, Plaintiff V. BART ALLEN TROUT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2081 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this /?-' day of kh-vt.,"- , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The prior Order of Court dated December 8, 2003 is hereby vacated. 2. The Mother, Tracy Lynn Bixler and the Father, Bart Allen Trout, shall have shared legal custody of Hailey Gabrielle Trout, born November 5, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. Alternating weekends from Friday between 4:00 p.m. and 5:00 p.m. when Father shall pick up the child from Mother's residence, until Sunday at 7:30 p.m. during the school year and 8:30 in the summer. Mother shall pick up the child from Father's residence. B. During the school year, every Thursday between 4:00 p.m. and 5:00 p.m. to Friday when Father shall assure that the child is delivered to school. Mother shall provide a set of clothing for the child to wear to school on Fridays and Father shall assure that the child will wear that set of clothing. C. During the summer, on alternating Thursdays that coincide with Father's alternating weekends, he shall have physical custody of the child from Thursday between 4:00 p.m. and 5:00 p.m. to Sunday at 8:30 p.m., provided Father or Step-mother will be with the child on any Friday. In the event that neither Father nor Step-mother is available to be with the child on Friday, then the child should be returned to Mother during the day Friday. D. During the summer on the off-Thursday, between 4:00 p.m. and 5:00 p.m. to Friday at 6:00 p.m. except that upon seven days notice to Father, Mother shall have the child returned at 12:00 noon. E. Such other times as the parties agree. 5. Vacation: A. During the summer, each parent shall be entitled to two (2) weeks of vacation consisting of two continuous weeks or two separate weeks provided they give the other parent 30 days prior notice which may be via e-mail. Parents shall provide an address and telephone number where the child may be reached while on vacation. B. During the school year, each parent shall be entitled to one full week of educational vacation with the child provided it is approved by the school and the custodial parent gives the other parent notice of the trip. In the event that an educational trip results in Father missing his periods of partial physical custody, Mother shall provide make-up time for Father. 6. Holidays: Easter, Halloween, Thanksgiving, Christmas, Mother's Day/Father's Day: In all even numbered years, Father shall have custody of the child over the Christmas holidays, while Mother shall have custody of the child during Easter and Thanksgiving holidays. In all odd numbered years, Mother shall have custody of the child over the Christmas holidays, while Father shall have custody of the child over the Easter and Thanksgiving holidays. These holidays shall be defined as follows: A. Easter: Father shall have custody of the child on Easter Sunday alternating every other year with Mother. Father's custody shall begin on Saturday at 5:00 p.m. until Easter Sunday at 7:30 p.m. B. Halloween: Mother shall have custodial time with the child on the date designated for Trick-or-Treating on even numbered years and Father shall have custody of the child on the date designated for Trick-or-Treating on odd numbered years. Lf AON J C. Thanksgiving: From 10:00 a.m. on Thanksgiving Day through Friday morning at 10:00 a.m., unless the holiday falls on Father's weekend in which case Father shall keep the child until Sunday at 7:30 p.m. D. Christmas: From December 24th at 10:00 a.m. through the 25th at 4:00 p.m. E. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 7:30 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 8:30 p.m. 7. Transportation shall be shared such that the receiving party shall transport. 8. Father and Mother shall make every effort to ensure that the child attends the child's extra-curricular activities and family events. 9. The parties shall have reasonable telephone contact with the child while the child is in the other's physical custody. Each party shall provide the other with an address and telephone number where the child may be reached while they are on vacation or when they are outside the Commonwealth. 10. Neither party shall take the child outside the Commonwealth of Pennsylvania without first notifying the non-custodial parent in a timely manner. 11. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 12. The parties agree that the Cumberland Court of Common Pleas will retain jurisdiction in any dispute whatever involving the Child or custody of the child. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact he Conciliator within 90 days of this Order to schedule another conference. cc: Mark A. Mateya, Esquire, Counsel William L. Grubb, Esquire, Counsel for Fathers-' //- /7- U{, 4- UV TLTV OnTTT?T TRACY LYNN BIXLER, Plaintiff V. BART ALLEN TROUT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-2081 CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: George E. Hoffer, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hailey Gabrielle Trout November 5, 1998 Mother 2. A Conciliation Conference was held in this matter on November 9, 2006, with the following in attendance: The Mother, Tracy Lynn Bixler, with her counsel, Mark A. Mateya, Esquire, and the Father, Bart Allen Trout, with his counsel, William L. Grubb, Esquire. 3. A prior Order of Court was entered by the Honorable George E. Hoffer, President Judge, dated December 8, 2003 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached. Q._. A-?., Date cq ine M. Verney, Esquire Custody Conciliator APR 2 6 2007 TRACY LYNN BIXLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2003-2081 CIVIL ACTION - LAW BART ALLEN TROUT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 25th of April, 2007, not being contacted within ninety days from the date of the prior Order of Court, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, /tel.. V "Jac eline M. Verney, Esquire ustody Conciliator OZ •Z Wd 9Z M L03Z 331±10-03111A TRACY LYNN BIXLER Plaintiff/Petitioner VS. BART ALLEN TROUT, Defendant/Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-2081 :CUSTODY PETITION FOR SPECIAL RELIEF - TO ENFORCE CUSTODY AGREEMENT AND NOW, comes Petitioner, Tracy Bixler, by and through her attorney, Mark A. Mateya, and respectfully represents: 1. The Plaintiff/Petitioner is Tracy Lynn Bixler (hereinafter "Mother") who presently resides at 647 Brisbain Lane, Enola, Cumberland County, Pennsylvania, 17025. 2. The Defendant/Respondent is Bart Allen Trout (hereinafter "Father") presently residing at 413 Hummel Avenue, Apartment #2, Lemoyne, Cumberland County, Pennsylvania. 3. Child is Hailey Gabrielle Trout, born November 5, 1998. 4. Petitioner and Respondent reached a custody agreement which was incorporated into an Order of Court on November 17, 2006. A copy of the most recent Custody Order is attached as Exhibit "A" and is incorporated by reference herein. 5. Petitioner and Respondent specified in their agreement, and as reflected in the Order in paragraph 5 (A), as follows: A. During the summer, each parent shall be entitled to two (2) weeks of vacation consisting of two continuous weeks or two separate weeks provided they give the other parent 30 days prior notice which may be via e-mail. Parents shall provide an address and telephone number where the child may be reached while on vacation. 6. On or about February 12', 2008, Petitioner notified Respondent of her intention of taking her custodial vacation time from Saturday, June 14 through Saturday June 21 7. Petitioner and Respondent discussed the fact that the vacation time contemplated would include Father's Day, a time set aside for Father Day, a day routinely set aside as custodial time with Father. 8. Respondent agreed to substitute alternate time in place of the scheduled Father's Day time to accommodate Petitioner's request. 9. On May 5th, Petitioner and Respondent again verbally confirmed the vacation dates and the need for "make-up" time to compensate Respondent for his lost Father's Day custodial time with Daughter. 10. Presently, Respondent/Father refuses to permit Petitioner/Mother to allow child to leave with Petitioner/Mother on vacation as laid out herein. 11. Respondent/Father now insists that Petitioner/Mother may not exercise custodial time with daughter during his custodial time of Father's Day. 12. Mother has one (1) week of vacation this year. 13. Mother has pre-paid for the week's vacation in Myrtle Beach, South Carolina. 14. Mother is unable to reschedule her vacation. 15. Father's action prevent Mother and daughter from taking the vacation, as set forth more fully above, 16. Mother's computer malfunctioned/crashed on or about March 20th: All email records relating to the correspondence of February 12th, 2008, have been lost, along with all email previously saved on Mother's computer. Mother, therefore, can no include a copy of the initial email referenced herein. IT This matter was previously heard before the Honorable Judge Kevin A. Hess. -2- 18. It is anticipated that Respondent will not concur in the filing of this Petition for Special Relief. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order requiring Respondent/Father to permit Petitioner/Mother to exercise her custodial time with daughter beginning this Saturday, June 14th through and including Saturday, June 21St, 2008. Respectfully submitted, Dated: U Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Petitioner -3- VERIFICATION MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein, that the Plaintiffs verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. uk'k MARK A. MATE VA, ESQUIRE Dated: Ce 4i ?6% N6V };s?Q I' TRACY LYNN BIXLER, Plaintiff V. BART ALLEN TROUT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-2081 CIVIL ACTION - LAW : IN CUSTODY ORDER OF COURT AND NOW, this 17? day of 740e._41-1 , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order of Court dated December 8, 2003 is hereby vacated. 2. The Mother, Tracy Lynn Bixler and the Father, Bart Allen Trout, shall have shared legal custody of Hailey Gabrielle Trout, born November 5, 1998. Each. parent shall have an equal right, to.be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the child including, but not limited to medical, dental, religious or school records, the residence address of the child and the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor child. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school nights, and the like. 3. Mother shall have primary physical custody of the child. 4. Father shall have periods of partial physical custody as follows: A. Alternating weekends from Friday between 4:00 p.m. and 5:00 p.m. when Father shall pick up the child from Mother's residence, until Sunday at 7:30 p.m. during the school year and 8:30 in the summer. Mother shall Father's residence. B. During the school year, every Thursday between 4:00 p.m. and 5:00 p.m. to Friday when Father shall assure that the child is delivered to school. Mother shall provide a set of clothing for the child to wear to school on Fridays and Father shall assure that the child will wear that set of clothing. C. During the summer, on alternating Thursdays that coincide with Father's alternating weekends, he shall have physical custody of the child from Thursday between 4:00 p.m. and 5:00 p.m. to Sunday at 8:30 p.m., provided Father or Step-mother will be with the child on any Friday. In the event that neither Father nor Step-mother is available to be with the child on Friday, then the child should be returned to Mother during the day Friday. D. During the summer on the off-Thursday, between 4:00 p.m. and 5:00 p.m. to Friday at 6:00 p.m. except that upon seven days notice to Father, Mother shall have the child returned at 12:00 noon. E. Such other times as the parties agree. 5. Vacation: A. During the summer, each parent shall be entitled to two (2) weeks of vacation consisting of two continuous weeks or two separate weeks provided they give the other parent 30 days prior notice which may be via e-mail. Parents shall provide an address and telephone number where the child may be reached while on vacation. B. During the school year, each parent shall be entitled to one full week of educational vacation with the child provided it is approved by the school and the custodial parent gives the other parent notice of the trip. In the event that an educational trip results in Father missing his periods of partial physical custody, Mother shall provide make-up time for Father. 6. Holidays: Easter, Halloween, Thanksgiving, Christmas, Mother's Day/Father's Day: In all even numbered years, Father shall have custody of the child over the Christmas holidays, while Mother shall have custody of the child during Easter and Thanksgiving holidays. In all odd numbered years, Mother shall have custody of the child over the Christmas holidays, while Father shall have custody of the child over the Easter and Thanksgiving holidays. These holidays shall be defined as follows: A. Easter: Father shall have custody of the child on Easter Sunday alternating every other year with Mother. Father's custody shall begin on Saturday at 5:00 p.m. until Easter Sunday at 7:30 p.m. B. Halloween: Mother shall have custodial time with the child on the date designated for Trick-or-Treating on even numbered years and Father shall have custody of the child on the date designated for Trick-or-Treating on odd numbered years. C. Thanksgiving: From 10:00 a.m. on Thanksgiving Day through Friday morning at 10:00 a.m., unless the holiday falls on Father's weekend in which case Father shall keep the child until Sunday at 7:30 p.m. D. Christmas: From December 24th at 10:00 a.m. through the 25`h at 4:00 p.m. E. Mother's Day/Father's Day. Mother shall have physical custody of the child on Mother's Day from 9:00 a.m. to 7:30 p.m. Father shall have physical custody of the child on Father's Day from 9:00 a.m. to 8:30 p.m. 7. Transportation shall be shared such that the receiving party shall transport. 8. Father and Mother shall make every effort to ensure that the child attends the child's extra-curricular activities and family events. 9. The parties shall have reasonable telephone contact with the child while the child is in the other's physical custody. Each party shall provide the other with an address and telephone number where the child may be reached while they are on vacation or when they are outside the Commonwealth. 10. Neither party shall take the child outside the Commonwealth of Pennsylvania without first notifying the non-custodial parent in a timely manner. 11. Neither party shall make any disparaging remarks regarding the other party in the presence of the child. Additionally, neither party shall permit third persons to make disparaging remarks concerning the other party in the presence of the child. 12. The parties agree that the Cumberland Court of Common Pleas will retain jurisdiction in any dispute whatever involving the Child or custody of the child. 13. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Either party may contact he Conciliator within 90 days of this Order to schedule another conference. BY THE COURT, J. cc: Mark A. Mateya, Esquire, Counsel for Mother William L. Grubb, Esquire, Counsel for Father TRUE COPY FROM RECORL) n Testimony whereof, I here unto set my hand std the se?i of said Court at Carliaie, P8. rhi 7 y of A a,&& Prothonn rr TRACY LYNN BIXLER, Plaintiff V. BART ALLEN TROUT, Defendant PRIOR JUDGE: George E. Hoffer, P.J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2081 CIVIL ACTION - LAW : IN CUSTODY 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Hailey Gabrielle Trout November 5, 1998 Mother 2. A Conciliation Conference was held in this matter on November 9, 2006, with the following in attendance: The Mother, Tracy Lynn Bixler, with her counsel, Mark A. Mateya, Esquire, and the Father, Bart Allen Trout, with his counsel, William L. Grubb, Esquire. 3. A prior Order of Court was entered by the Honorable George E. Hoffer, President Judge, dated December 8, 2003 providing for shared legal custody, Mother having primary physical custody and Father having periods of partial physical custody. 4. The parties agreed to an Order in the form as attached. ?r - -o lac . d// Date cq ine M. Verney, Esquire Custody Conciliator CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: William L Grubb Esquire 3803 Gettysburg Road Camp Hill PA 17011 Dated: l? Mark A. Mateya, Es ire PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax 1 _ O w J .. Fr, ' N :. CJ TRACY LYNN BIXLER Plaintiff/Petitioner Vs. BART ALLEN TROUT, Defendant/Respondent JUN 19 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2081 :CUSTODY ORDER OF COURT AND NOW, this day of June, 2008, upon consideration of the attached Petition for Special Relief, it is hereby directed that: 1. Petitioner's Petition for Special Relief is hereby GRANTED; and 2. That Petitioner shall exercise vacation custodial time with child from Saturday, June 14`h through and including Saturday, June 21', 2008. BY THE COURT W Distribution: ark A. Mateya, Esquire, P.O. Box 127, Boiling Springs, PA 17007 ? William L. Grubb, Esquire, 3803 Gettysburg Road, Camp Hill, PA 17011 0.DFi es ml. L LL «l L go VINVA-IASNN3d 81 :11 WV I I Nnr DOOZ AdVIONOFtLlbd 3HI .40