HomeMy WebLinkAbout08-1062DENNIS W. TROUPE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. ?_ ja G c,,r?l ftr?
SHERRY E. TROUPE,
Defendant IN DIVORCE
NOTICE TO DEFEND
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, including custody or visitation of your children.
When the ground for the 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 Court House, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or 800-990-9108
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LINDSAY
26 West High Street
Carlisle, PA
SAI?DIIS, FLOWER ^&, LINDSAY
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Carol J. Lindsay; sl
Attorney Id. "3
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
OF CUMBERLAND COUNTY
STATE OF PENNA.
DENNIS W. TROUPE
IN THE COURT OF COMMON PLEAS
VERSUS
SHERRY E. TROUPE
No.
08-1062
DECREE IN
DIVORCE
AND NOW, Oa , IT IS ORDERED AND
DENNIS W. TROUPE
DECREED THAT
AND
SHERRY E. TROUPE
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, 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 Separation and Property Settlement Agreement, dated March 3, 2008,
are incorporated, but not merged, into this Decree in Divorce.
BY THE QOURT:
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A EST: vtoo, J'
PROTHONOTARY
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DENNIS W. TROUPE,
Plaintiff
V.
SHERRY E. TROUPE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 61v, -ftr',
IN DIVORCE
COMPLAINT IN DIVORCE UNDER
SECTION 3301(c) or (d) OF THE DIVORCE CODE
1. The Plaintiff is Dennis W. Troupe, an adult individual, residing at 337 Fairview
Street, Carlisle, Cumberland County, Pennsylvania.
2. The Defendant is Sherry E. Troupe, an adult individual, residing at 902 Burr
Avenue, Carlisle, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on May 31, 1980 in Boiling Springs,
SAIDIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties in this or in any other jurisdiction.
6. The Plaintiff has been advised that counseling is available and that he has the
right to request that the court require the parties to participate in counseling.
7. The marriage is irretrievably broken.
--,
WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance
with §3301 of the Pennsylvania Divorce Code.
SAIDIS, FLOWER & LINDSAY
Carol J. Lindsay,, ire
Attorney Id. 44653
26 West High tr t
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
SAIDIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsifications to
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Date:
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FLOWER &
LWDSAY
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2G West High Street
Carlisle, PA
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DENNIS W. TROUPE,
Plaintiff
V.
SHERRY E. TROUPE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-1062
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and
says that on February 20, 2008, 1 served a true and correct copy of the Complaint in Divorce
upon Defendant, Sherry E. Troupe, by mailing those documents to the her address at 902
Burr Avenue, Carlisle, PA 17013 by Certified U.S. Mail, Restricted Delivery, Return Receipt
Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return
Receipt, the latter of which is signed by the recipient, Sherry E. Troupe.
Respectfully submitted,
SAIDIS,_FLOWE IN SAY
Carol T. Lind ay, E quire
Attorney Id. 4
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiff
F D RIS ?
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26 West High Street
Carlisle, PA
Dated: February 25, 2008
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so that we can return the card to you.
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or on the front if space permits.
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SAIDIS,
FLOWER &.
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26 West High Street
Carlisle, PA
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DENNIS W. TROUPE,
Plaintiff
V.
SHERRY E. TROUPE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-1062
IN DIVORCE
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this ! day of J1,W Ja , 2008, between
DENNIS W. TROUPE, of 337 Fairview Street, Carlisle, Cumberland County, Pennsylvania,
hereinafter referred to as Husband, and SHERRY E. TROUPE, of 902 Burr Avenue, Carlisle,
Cumberland County, Pennsylvania, hereinafter referred to as Wife.
RECITALS:
R.1: The parties hereto are husband and wife, having been joined in marriage on May
31, 1980, in Boiling Springs, Cumberland County, Pennsylvania; and
R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Commonwealth of Pennsylvania, to Number 08-1062, Civil Term; and
R.3: The parties hereto desire to settle fully and finally their respective financial and
property rights and obligations including, but not limited, of all matters between them relating to
the ownership of real and personal property, claims for spousal support, alimony, alimony
pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims
against the other or against their respective estates.
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
(1) SEPARATION: 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, free from any control, restraint or interference from the other. Neither
party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by
any legal or other proceeding. Each party shall be free of the interference, authority or contact by
the other as if he or she was single and unmarried except as maybe necessary to carry out the
terms of this agreement.
(2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and
that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce
action, and will execute and file the necessary documents to finalize the divorce after the
expiration of ninety (90) days from the service of the Complaint, Husband shall move for the entry
of the divorce decree at that time.
(3) REAL PROPERTY: The parties are the owners of certain real estate with
improvements thereon erected and known and numbered as 337 Fairview Street, Carlisle,
Cumberland County, Pennsylvania. Wife will execute a special warranty deed on the date of this
Agreement transferring to Husband all her right, title and interest in the marital home. Said deed
shall be held in escrow pending Husband's refinance of the marital home which shall take place
within 45 days of the date of this Agreement. Pending the refinance, and subsequent thereto,
Husband shall pay all household expenses including, but not limited to, mortgages and liens of
record, utility bills, insurance and real estate taxes in connection with said property. With regard
to all such expenses, Husband shall hold Wife harmless and indemnify her from any loss thereon.
Upon the sale of the home, Husband will pay to Wife 20% of the net proceeds of sale which shall
be defined as the sale price of the house less the usual costs of sale such as realtor's commission
and transfer tax and the payoff on the first mortgage.
2
(4) DEBT:
A. Marital Debt: Husband and Wife acknowledge and agree that there are no other
outstanding debts and obligations which are marital or for which the other might be liable incurred
prior to the signing of this Agreement, except as follows:
Wife's Master Card with a balance of approximately $1,200.00,
ii. Husband's Visa with a balance of approximately $1,800.00,
iii. Loan taken for the purchase of a jointly titled 1990 Corvette with a balance of
approximately $7,400.00.
1: Husband shall pay the obligations on his Visa by making timely monthly payments
in at least the minimum amount required by the creditor until paid in full. Further, Husband, within
thirty (30) days of the date of this Agreement will pay off the obligation owed for the purchase of
the 1990 Corvette.
2: Wife shall pay the obligation for her Master Card by making timely monthly
payments in at least the minimum amount required by the creditor until paid in full.
Each party shall pay the outstanding debts as set forth herein and further agrees to
indemnify and save harmless the other from any and all claims and demands made against either
of them by reason of such debts or obligations.
B: Post Separation Debt: In the event that either party contracted or incurred any
debt since the date of separation on January 11, 2008, the party who incurred said debt shall be
responsible for the payment thereof regardless of the name in which the debt may have been
incurred.
C: Future Debt: From the date of this agreement 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
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against him or her by reason of debts or obligations incurred by the other party.
(5) MOTOR VEHICLES: 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. Within thirty
(30) of the date of this agreement 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. Specifically, Husband will retain the 1998 Honda, the 1980 Corvette, the 4099
Chevrolet S-10 pickup, the 1964 Impala Super Sport and the 1980 TR8. Wife will retain the 1996
Prelude and the 1990 Corvette (the lien for which Husband shall pay as set out in paragraph 4
above). Husband will pay all of the costs of transfer of the vehicles.
(6) TANGIBLE PERSONAL PROPERTY: 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 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) INTANGIBLE PERSONAL PROPERTY: 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, individual retirement accounts, employment benefits including
retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. The
parties have equally divided their joint accounts. Husband will retain his Cornerstone and
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Commerce savings accounts and Wife will retain her Cornerstone and Commerce accounts. In
April 2008, the parties will cash in a Series EE bond worth approximately $135.00 and will split the
cash received. Husband will pay the tax on any interest the parties receive. Each party will retain
his or her own retirement benefits and life insurance policies. Husband has paid to Wife
approximately $4,200.00 prior to the signing of this Agreement for the costs of her move.
(8) WAIVER OF ALIMONY: The parties acknowledge that each has income and
assets satisfactory to his and her own reasonable needs. Each party waives any claim he or
she may have one against the other for alimony, spousal support or alimony and alimony
pendente lite.
(9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been
notified of his or her right to consult with counsel of his or her choice, and have been provided a
copy of this agreement with which to consult with counsel. Husband is represented by Carol J.
Lindsay, Esquire and Wife has been advised that he or she may be represented by counsel of
choice. Each party acknowledges and accepts that this agreement is, under the circumstances,
fair and equitable, and that it is being entered into freely and voluntarily after having received such
advice and with such knowledge as each has sought from counsel, and the execution of this
agreement is not the result of any duress or undue influence, and that it is not the result of any
improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all
legal services rendered or to be rendered on his or her behalf.
(10) ADDITIONAL INSTRUMENTS: 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 provisions of this
Agreement.
5
(11) INCOME TAX:
A: The parties have heretofore filed joint Federal and State Tax returns. Both
parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or
assessment of any such tax is made against either of them, each will indemnify and hold harmless
the other from and against any loss or liability for any such tax deficiency or assessment and any
interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or
expense shall be paid equally by the parties.
B: The parties agree to file a joint Federal and state income tax return for the
tax year ending December 31, 2007. In the event that tax is due and owing for 2007, the parties
will equally contribute to its payment. In the event there is a refund, the parties agree to split the
refund equally.
(12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement
shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a
discharge of any obligations assumed hereunder, the other party shall have the right to declare
this Agreement to be null and void and to terminate this Agreement in which event the division of
the parties' marital assets and all other rights determined by this Agreement including alimony
shall be subject to court determination the same as if this Agreement had never been entered
into.
(13) COMPLETE DISCLOSURE: 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 has
made any inquiry he or she desires into the income or estate of the other and received any such
information requested. Each has made a full and complete disclosure to the other of his and her
6
entire assets, liabilities, income and expenses and any further enumeration or statement thereof in
this Agreement is specifically waived.
(14) RIGHTS AND RESPONSIBILITIES: 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) FULL SETTLEMENT: 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. 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,
maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable
distribution of marital property and any other claims of the party, including all claims which have
been raised or may be raised in an action for divorce.
(16) RELEASE OF ALL CLAIMS: 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 and
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 courtesy and dower and all claims or rights in the nature of
courtesy and dower;
D. All widow or widower's rights;
7
E. All right, title, interest or claim in or to the other's estate, whether now
owned or hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to participate 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, as the same may be amended from time to time,
and under the provisions of any similar statute enacted by any other country, state, territory or
political subdivision;
1. All rights, claims, demands, liabilities and obligations each party now has, or
may hereafter have, against or with respect to the other.
(17) GOVERNING LAW: 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) INCORPORATION INTO DECREE: 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
8
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) BREACH: In the event that either party breaches any provision of this Agreement,
he or she shall be responsible for any and all costs incurred to enforce the Agreement, including,
but not limited to, court cost and counsel fees of the other party. In the event of breach, the other
party shall have the right, at his or her election; to sue for damages for such breach or to seek
such other and additional remedies as may be available to him or her.
(20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions, representations, or agreements, oral
or written, of any nature whatsoever, other than those herein contained.
(21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind
the parties hereto, their respective heirs, executors and assigns.
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.
9
Sherry Tr upe
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DENNIS W. TROUPE,
Plaintiff
V.
SHERRY E. TROUPE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-1062
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed
February 19, 2008.
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. 1 consent to the entry of a final Decree in 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 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. 4904 relating to unswo_rn n to authorities.
Date: /3 O ?-
OF A DIVORCE DECREE UNDER6 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
SAIDIS,
FLOWER &
LINDSAY
26 West High Street
Carlisle, PA
2. 1 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. 1 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 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. 4904 relating to unsworn fgWicalon to authorities.
Date: c?Q t 3 O?
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DENNIS W. TROUPE, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 08-1062
SHERRY E. TROUPE,
Defendant IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed
February 19, 2008.
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. 1 consent to the entry of a final Decree in 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 to the best of my
knowledge, information and belief. 1 understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.
Date: ID /.3 `d*'r •
AS E. Troupe
PLAINTIFF'S/DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER§ 3301 (c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
FLOWER &
LINDSAY
AXI &A1,UW
26 West High Street
Carlisle, PA
2. 1 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. 1 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 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. 4904 relating to unsworn falsification to authorities.
Dater
3er$Troupe
1 6 20
DENNIS W. TROUPE,
Plaintiff
V.
SHERRY E. TROUPE,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-1062
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Kindly transmit the record, together with the following information, to the Court for
entry of a Decree in Divorce:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the
Divorce Code.
2. Date and manner of service of the Complaint: Defendant accepted service of
the Complaint on February 20, 2008, via certified mail. Proof of service was filed with the
Court on February 26, 2008.
3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code
was signed:
By Plaintiff: June 13, 2008
contemporaneously herewith.
By Defendant: June 13, 2008
contemporaneously herewith.
and filed with the Prothonotary
and filed with the Prothonotary
4. Related claims pending: The terms of the Property Settlement and Separation
Agreement dated March 3, 2008 are incorporated, but not merged, into the Decree in
Divorce.
5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed:
By Plaintiff: June 13, 2008 and filed with the Prothonotary
contemporaneously herewith.
By Defendant: June 13, 2008 and filed with the Prothonotary
contemporaneously herewith.
SAIDIS,
FLOWER &
LENDSAY
AMMEMATRAW
26 West High Street
Carlisle, PA
SAIDIS, FLOWER & LINUS,AY
Carol J. Lindsa , Es uire
Supreme Court o. 44693
26 West High Street
Carlisle, PA 17013
717-243-6222
Attorney for Plaintiff
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