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HomeMy WebLinkAbout03-3519REAGER & 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 MICHELLE BURDULIS TROUT, Plaintiff BRETT EUGENE TROUT, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 wamed 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, DMSION 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 MICHELLE BURDULIS TROUT, Plaintiff BRETT EUGENE TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las p~iginas siguientes, debar tomar ac¢i6n 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 decisi6n puede tambi6n 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 estfi, 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 ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 R.EAGER & 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 MICHELLE BURDULIS TROUT, Plaintiff BRETT EUGENE TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiffis Michelle Burdulis Trout, an adult individual who currently resides at 1328 Sugar Maple Court, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Brett Eugene Trout, an adult individual who currently resides at 3 South Second Street, Etters, 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 March 5, 1994, in Harrisburg, Dauphin County, Pennsylvania, 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 Julia Noel Trout, bom February 14, 1997. 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. intends to file an Affidavit consenting to a divome. 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. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff Dated: By: Respectfully submitted, REAGER & ADLER, PC e~.~ra Dem~m3~antor, Esquire Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for the Petitioner VERIFICATION I, Michelle 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: MICHELLE BURDULIS TROUT 7 MICHELLE BURDULIS TROUT, Plaintiff BRETT EUGENE TROUT, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3519 CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF SERVICE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Brett Eugene Trout, by Certified Mail, Restricted Delivery on the 26th day of July, 2003, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Date: Brett Trout c/o J & B's Hot Spot 601 B Old York Road Etters, PA 17319 De~a~l) enison (Cant0r, Esquire Att~.Id. No. 66378' REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for the Plaintiff EXHIBIT A S:~R&A Family Law\Client Directory\Trout, Miehelle2,Aarital Settlement Agreement #1.wpd January 5, 2004 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this. ~)4~ day of between Michelle B. Trout, (hereinafter "WIFE") and "HUSBAND"); -'-'~tgt;~ R/ ,200~,, by and Brett E. Trout, (hereinafter WI TN E S SETH: WHEREAS, the parties hereto were married on March 5, 1994, in Harrisburg, Dauphin County; and WHEREAS, the parties have one child of this marriage, namely Julia Noel Trout, date of birth February 14, 1997; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: S:~R&A Family Law\Client Directory\Trout, Michellc~Vlarital Settlement Agreement #1.wpd January 5, 2004 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire of REAGER & ADLER, PC. HUSBAND is represented by Herschel Lock, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Dauphin County, Pennsylvania at Civil Action No. 03-3519 on July 24, 2003. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days after the service of said complaint on Husband. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. Page 2 of 11 S:~R.&A Family Law\Client Directory\Trout, MichellcLMarital Settlement Agreement # l.wpd January 5, 2004 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. Page 3 of 11 S:~R&A Family Law\Client Directory\Trout, MichellehMarital Settlement Agreement gl,wpd January 5, 2004 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of a marital residence located at 1328 Sugar Maple Court, New Cumberland, Pennsylvarfia 17070. It is agreed that WIFE shall retain this property. HUSBAND agrees that at the time of the execution of this Marital Settlement Agreement, he shall execute a deed transferring any interest in the home to WIFE. WIFE agrees that she will Page 4 of 11 S:~R&A Family Law\Client Directory\Trout, MichelleLMarital Settlement Agreement #1 wpd Janlmry 5, 2004 remain solely responsible for all costs and expenses associated with the home, including but not limited to, the mortgage, insurance, taxes and utilities. WIFE agrees to indemnify and hold HUSBAND harmless for any of such debts. 8. BUSINESS. HUSBAND is the forty-nine percent (49%) owner of J & B's Hot Spot, a restaurant located at 60lB Old York Road, Etters, Pennsylvania 17319. WIFE agrees to transfer any and all interest she may have in said restaurant to HUSBAND. WIFE agrees to execute any and all documentation that may be necessary to effectuate said transfer and ownership within ten (10) days of a request to do so. 9. DEBTS. The parties are currently clients of Credit Card Counseling with which they have a balance of approximately NINE THOUSAND DOLLARS ($9,000.00). Upon entry of the Divorce Decree, WIFE agrees to assume all payments on said obligation and shall indemnify and hold HUSBAND harmless. The parties are individually holders of separate credit card obligations. Each party agrees to assume all debt in his/her own name and indemnify and hold the other party harmless. 10. RETIREMENT BENEFITS. HUSBAND is the owner of a 401(k) account through his employment with American Aluminum. WIFE hereby waives any right, title and interest that she may have to said 401(k). It should be noted that HUSBAND liquidated part of his 401(k) in July of 2003. HUSBAND Page 5 of 11 S:2~,&A Family Law\Client Directory\Trout, MichellehVIafital Settlement Agreement gl.wpd January 5, 2004 agrees that he will be solely responsible for paying all penalties and taxes attributable to this withdrawal and that WIFE shall bear no responsibility for said obligations. WIFE is an employee of Harrisburg School District and is a participant in the State retirement system. HUSBAND hereby waives any right, title and interest that he may have to WIFE's retirement. The parties acknowledge that neither owns any additional retirement accounts. 11. BANK ACCOUNTS. The parties have divided all joint bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 12. TAXES. HUSBAND and WIFE shall file a joint tax return for the year 2003. The parties agree that they shall equally divide the tax refund associated with the return. However, HUSBAND shall be solely responsible for the penalties and taxes associated with the liquidation of his 401(k). For the tax years 2004 forward, WIFE shall claim Julia Trout as an exemption. 13. LIFE INSURANCE. Each party is the owner of a term life insurance policy. Each party agrees to name Julia as an irrevocable beneficiary in the amount of $50,000.00 of the life insurance policy. Each party shall provide proof of the beneficiary designation on an annual basis, the anniversary being the date of the execution of this Agreement. HUSBAND hereby waives any right, title, Page 6 of 11 S:~R&A Family Law\Client Directory\Trout, Mich~ll¢~Vlarital Settlement Ag~¢¢rnent # 1.wpd January 5, 2004 claim or interest he may have in any life insurance policy of WIFE. WIFE waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND. 14. PERSONAL PROPERTY. Personal property has been divided to the satisfaction of the parties. Attached hereto as Exhibit A is a hstmg of the items to be retained by each party. The parties acknowledge that all personal items of Brett Trout, Jr. have been returned and there is no additional claim for said items. 15. VEHICLES. WIFE is the owner of a 2003 Honda Accord which is encumbered by a loan. WIFE shall retain the 2003 Accord and be solely responsible for payment of all debt associated with the vehicle. WIFE agrees to hold HUSBAND harmless from all claims arising from this debt and shall refinance said obligation within 6 months of the date of this Agreement. HUSBAND agrees to execute any and all documentation necessary to transfer the vehicle into her name. 16. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the erfforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and ail right to assert that obligation hereunder is discharged or dischargeable. Page 7 of 11 S:~R&A Family Law\Client Directory\Trout, MichelleLMarital Settlement Agreement # 1 .wpd Januaw 5, 2004 The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 17. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 18. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 19. ATTORNEYS' FEES FOR ENFORCEMENT. 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 breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. Page 8 of 11 S:~.&A Family Law\Client Directory\Trout, MichelleLMarital Settlement Agreement #I.wpd January 5, 2004 20. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 21. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 22. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Permsylvania. Page 9 of 11 S:~R&A Family Law,Client Directory\Trout, Michelle~Vlarita! Settlement Agreement # l.wpd January 5, 2004 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Michelle B. Trout Page 10 of 11 S:~R&A Family Law,Client Directory~Trout, Michelle2vlarital Settlement Agreement #1.wpd January 5, 2004 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF : SS. On the ff~_ day of ~r~-an~,, , 2004, before me, a Notary Public in and for the Commonwealth of Peru~ylvania, the undesigned officer, personally appeared Michelle B. Trout, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Expire& no~ana~ Sea~ { Ir~.,. D. Trout, Notary Pubt~c COMMONWEALTH OF PENNSYLVANIA / .L _~3oy~e eom, Cum~and Count,/ COUNTY OF SS. ] My ~mt~on Expires Mar. ~8, 2005 Onthe. ~j/x day of ~rlc(~u,1 , 2004, before me, a Notary Public in and for the Commonwealth of Pen~ylvania, the undesigned officer, personally appeared Brett E. Trout, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. Notary Public My Commission Ex_x_x_x_x_x_x_x_x_~Eires: . _. Page 11 of 11 MICHELLE BURDULIS TROUT, Plaintiff BRETT EUGENE TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3519 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 24, 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 unswom falsification to authorities. Date: ~1 q 1 02¥ Michelle Burdulis-Trout MICHELLE BURDULIS TROUT, Plaintiff BRETT EUGENE TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3519 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 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 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 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: l/q It:t[ Michelle Burdulis-Trout MICHELLE BURDULIS TROUT, Plaintiff BRETT EUGENE TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3519 CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 24, 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: ]t~.~_~}L/ t~t~ene Trout MICHELLE BURDULIS TROUT, Plaintiff BRETT EUGENE TROUT, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3519 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER _8 3301(c) OF THE DIVORCE CODE 1. 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 that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. D^TE: l'-fi' 0 MICHELLE BURDULIS-TROUT, Plaintiff BRETT EUGENE TROUT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3519 CIVIL ACTION - LAW IN DIVORCE P~RAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. Ground for divorce: Irretrievable breakdown under § 3301(c)(d) of the Divorce 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 26th day of July, 2003, by certified mail, return receipt requested, receipt number 7002 1000 0005 0063 2415. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Michelle Burdulis-Trout, Plaintiff, on January 9, 2004; by Brett E. Trout, Defendant, on January 9, 2004. 4. Related cia/ms pending: Marital Settlement Agreement dated January 8, 2004. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was fried with the Prothonotary: January 29, 2004 Date Defendant's Waiver of Notice in § 3301(c) Divorce was fried with the Prothonotary: January 29, 2004 Respectfully submitted, REAGER & ADLER, PC I.~~.~t or, Esquire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff IN THE COURT Of COMMON PLEAS OF CUMBerLAND COUNTY STATE OF .~. PENNA. MICHELLE BURDULIS TROUT VERSUS BRETT EUGENE TROUT NO. 03-3519 DECREE iN DIVORCE AND N OW, ~L~ DECREED That Michelle Burdulis Trout Brett Eugene Trout AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. IT IS ORDERED AND , PLAINTIFF, , DEFENDANT~ 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 January 8, 2004 and attached hereto are incorporated herein but not merged herewith. By The COUrt: PROTHONOTARY