HomeMy WebLinkAbout04-1469LINDA L. TROUTMAN,
Plaintiff
VS.
MICHAEL A. TROUTMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. ('Yq ~ /z//.? CIVIL TERM
CIVIL ACTION -- LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM
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,
Cumberland County, 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.
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities 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 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
Telephone: (717) 249-3166
Dated: April '~ ,2004
BATURIN & BATURIN
HARRY M. ~3ATU RIN,
Attorney I.D. No. 83006
717 North Second Street
Harrisburg, PA 17102
(717) 234-2427
LINDA L. TROUTMAN,
Plaintiff
vs.
MICHAEL A. TROUTMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. ~)q -/~//.. ~ CIVIL TERM
CIVIL ACTION -- LAW
IN DIVORCE
COMPI,AINT UNDER SECTION 3301 (C)
OF THE DIVORCE CODE
AND NOW, this ~ day of April, 2004, comes the Plaintiff, LINDA L.
TROUTMAN, by and through her Attorneys, the Law Offices BATURIN & BATURIN, and
respectfully represents the following:
1. The Plaintiffis LINDA L. TROUTMAN, an adult individual, sui juris, with a
social security number of 165-38-0055, and who currently resides at 4 Village Court,
Mechanicsburg, Cumberland County, Pennsylvania 17050, and has resided there for
approximately 2-1/2 years.
2. The Defendant is MICHAEL A. TROUTMAN, an adult individual, sui juris, with
a social security number of 135-44-1175, and who currently resides at 912 Acri Road,
Mechanicsburg, Cumberland County, Pennsylvania 17050, and has resided there for
approximately 14 years.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 27, 1993, in Enola,
Cumberland County, Pennsylvania.
5. There have been no prior actions for divome or for annulment between the parties.
6. The Plaintiffavers that the grounds upon which this action is based is that the
marriage is irretrievably broken.
7. Plaintiffhas been advised that counseling is available and that Plaintiffmay have
the right to request that the Court require the parties to participate in counseling.
8. Plaintiffrequests the Court to enter a decree of divorce.
9. The Defendant is not a member on active duty of the Armed Fomes of the United
States of America nor any of its allies.
I0. The Plaintiffand Defendant are both citizens of the United States of America.
COUNT I1
COMPLAINT UNDER SECTION 3301(a)(6)
OF TIlE DIVORCE CODE
11. All of the averments in Paragraphs 1 through 10 are incorporated herein as though
each was set forth under Count II as in Count I.
12. In the alternative, the Plaintiff avers that, in violation of their marriage vows and
the laws of the Commonwealth of Pennsylvania, the Defendant has offered such indignities to
the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and life
burdensome.
COUNT IIi
CI~AIM FOR EQUITABI.E DISTRIBUTION OF MARITAl, PROPERTY
UNDER SECTION 401 OF THE DIVORCE CODE
13. All of the averments in Paragraphs 1 through 12 are incorporated herein as though
each was set forth under Count III as in Count II and Count I.
14. Plaintiff and Defendant are the owners of real property that qualifies as marital
property as defined in the Pennsylvania Divorce Code and is subject to equitable distribution by
this Court.
15. Plaintiff and Defendant are the owners of various items of real property, personal
property, furniture and other household furnishings acquired dur/ng their marriage, which are
subject to equitable distribution by this Court.
16. Plaintiffrequests the Court to equitably divide, distribute or assign the marital
property between the parties.
W}IEREFORE, Plaintiff requests the Court to enter a Decree in Divorce:
A. Dissolving the marriage between the Plaintiff and Defendant;
B. Equitably distributing all marital property owned by the parties; and
C. For such further relief as the Court may determine equitable and just.
Respectfully submitted,
BATUR1N & BATURIN
By:
(Attorney I.D. No. 83006)
717 North Second Street
Harrisburg, PA 17102
(717) 234-2427
VERIFICATION
I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT IN DIVORCE
ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND
INFORMATION. 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: ~roh 97, 2fl04
LINDA L. TBOUTMAN
LINDA L. TROUTMAN,
Plaintiff
VS.
MICHAEL A. TROUTMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. CIVIL TERM
CIVIL ACTION -- LAW
IN DIVORCE
WAIVER OF COUNSEl,lNG
I, L1NDA L.TROUTMAN, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that
I may request that the Court require my spouse and I to participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the Office of
the Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the Court.
I verify that the statements made in this Waiver are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
DATE: MArch 97,
LJ~d~ L. Troutman
LINDA L. TROUTMAN,
Plaintiff
VS.
MICHAEL A. TROUTMAN,
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2004-01469
CIVIL ACTION -- LAW
IN DIVORCE
CERTIFICATE OF SERVIC]?.,
I, Madelaine N. Baturin, of the Law Offices of Baturin & Baturin, attorneys for the
Plaintiff in the above-captioned matter, do hereby certify that on April 12, 2004, I deposited in
the United States Mail, at the United States Post Office, Federal Square Station, Harrisburg,
Pennsylvania, an article of Certified Mail, Return Receipt Requested, Restricted Delivery, a
certified copy of the Complaint Under Section 3301 (C) of the Divorce Code, bearing Article No.
7000 0520 0023 0131 8349, addressed to: Mr. Michael A. Troulrnan, 912 Acri Road,
Mechanicsburg, PA 17050.
The said article of Certified Mail, as shown by the Postal Return Receipt Card was
received by the Defendant herein on April 14, 2004, and according to same, was signed by him,
to wit: Michael A. Troutman, which card is attached hereto and marked as Exhibit "A", along
with the deposit slip dated April 12, 2004, for said article of Certified Mail aforementioned.
Dated: April 16, 2004
BATURIN & BATURIN
By:
Madelaine N. Baturin
Attorney I.D. # 68971
717 North Second Street
Harrisburg, PA 17102
(717) 234-2427
Attorneys for Plaintiff
Return Receipt Fee
m (Endorsement Requlre~
ru
$3,~
C3 Restricted Delivery Fee
$8.15
I:~ Tolel PoMage & Feea $
u~ I Reclplenrs Name (Please Print Clearly) (To be complete;~ by mailer)
ca]912 Acri Road _
m' ~Mechanicsbur~. PA 17050
· Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery is desired.
· P~nt your name and address on the reverse
an that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
Mr. Michael A. Troutman
912 Acri Road
Mechanicsburg, PA 17050
D. Is detlvery address diffemnt fiom item l ? r-lyes
If YES, enter delivery add[ess below: [] No
3. Service Type
Certified Mai~
[] Express Mail
[] Return Receipt for Merchandise
[] C.O.D.
4, Restricted Delivery? (Extra Fee)
7000 N~N nh93 NI~1
Exhibit "A"
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ...? day of September, 2004, by and between
LINDA L. TROUTMAN, of, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter
referred to as "Wife";
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been lawfully joined in
marriage on November 27, 1993; and
WHEREAS, divers unhappy differences, disputes, misunderstandings and difficulties
have arisen between the parties as a result of which the parties were separated on October 1, 2001
and are no longer living together as husband and wife; and
WHEREAS, a Complaint in Divome, Docket Number 04-1469, has been filed in the
Cumberland County Courthouse, Carlisle, Pennsylvania on April 6, 2004; and
WHEREAS, the parties desire to confirm their separation and make arrangements
therewith, including the division of their marital property and other rights and obligations
growing out of their marriage.
NOW, THEREFORE, in consideration of the covenants and promises hereinaRer 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. MUTUAL RELEASE: Except as herein otherwise provided, each party hereby
forever releases the other and his or her heirs, legal representatives, executors, administrators and
assigns, fi.om any and all claims, demands or actions, past~ present or future and discharge the
other of and from all causes of action, claims, rights or demands whatsoever in law or equity,
which either of the parties ever had or now has against the other, except a cause or causes of
action for divorce or all causes of action for breach of any provisions of this Agreement. Further,
each party, subject to the provisions contained in this Agreement, releases and forever discharges
the other from any and all claims one may have against the other arising out of this matrimonial
action, including, but not limited to, alimony, alimony pendente lite, equitable distribution,
counsel fees, costs and expenses. Each party agrees to effectuate the divorce by mutual consent
under 3301(c).
2. CONSIDERATION: The consideration for THIS AGREEMENT shall be the mutual
promises and agreements contained herein.
3. NO INTERFERENCE: Each party shall hereafter be flee fi.om interference,
2
authority and control, direct or indirect, by the other as fully as if he or she were single and
unmarried. Neither of the parties shall harass or molest the other, or compel the other to reside at
such place or places as he or she may select. Each may for his or her separate use and benefit,
conduct, carry on and engage in any business, profession or employment which he or she may
prefer or deem advisable and may engage in any other personal activities or relationship so of
their own choosing.
4. REAL PROPERTY: The home located at 912 Acri Road, Mechanicsburg,
Cumberland County, Pennsylvania shall remain in Husband's name. Both Husband and Wife
agree to sign any documents pertaining to the transfer, if applicable, of the home without delay,
and do anything else necessary to facilitate the transfer of the martial home, if applicable.
The membership in the Royal Holiday Club is to be transferred to Husband. Wife agrees
to sign any documents pertaining to the transfer of same without delay, and do anything else
necessary to facilitate the transfer of the time-share.
5. PAYMENT TO WIFE: Husband shall pay Wife the total sum of Seventeen
Thousand Five Hundred ($17,500.00) Dollars. Five Thousand Eight Hundred and Thirty-three
($5,833.33 Dollars and Thirty-three Cents shall be payable at the execution of this Agreement.
The remaining Eleven Thousand Six Hundred Sixty-six ($11,666.67) Dollars and Sixty-seven
Cents shall be payable within Ninety (90) days fi-om the filing of the Consents at forty-five (45)
days intervals or simultaneous of the receipt of the Order, whichever occurs earlier. Husband
shall pay to Wife in full settlement and satisfaction of all marital claims of equitable distribution,
including said membership being transferring into Husband's name~, and any other claims she
3
may have, past, present or future, the sum of Seventeen Thousand Five Hundred ($17,500.00)
Dollars as stated above. Wife shall receive a total of Seventeen Thousand Five Hundred
($17,500.00) Dollars to settle all claims.
6. DIVISION OF PERSONAL PROPERTY AND PERSONAL ACCOUNTS:
The parties agree that all other items of personal property have been divided satisfactorily by and
between the parties and neither shall make any claim to any such property presently in the
possession of the other. In addition, the parties agree that all bank accounts and any other type of
financial accounts presently in each party's name will remain in that party's name and neither
one will make any claims against the other's accounts. In addition, all accounts which have been
jointly owned have been closed and all monies in the accounts dispersed and divided
satisfactorily between the parties.
7. MOTOR VEHICLES: Any motor vehicle presently 'rifled in the name of Wife shall
remain her sole and separate property. Any motor vehicle presently titled in the name of
Husband shall remain his sole and separate property. Each of the parties shall pay any balance
due on account of any of their respective vehicles titled in his or her name and all expenses
incidental to ownership thereof.
Furthermore, each party shall be solely responsible for his/her respective vehicles titled in
his or her name and all expenses incidental to ownership thereof, including, but not limited to,
insurance costs.
8. PENSION PLANS: Wife accepts her entitlement to a "divorced spouse" benefit
under the Federal Railroad Board as her sole and exclusive right to .any retirement fund, benefit
4
or program associated with her marriage to Husband. Wife does specifically waive, release,
renounce and forever abandon all of her rights, title and interest or claim, whatever it may be, in
any FRB retirement or any separate retirement fund, program or account of Husband.
Husband does specifically waive, release, renounce and forever abandon all of his rights,
title and interest or claim, whatever it may be, in any pension/retirement/profit sharing/benefit
plan of Wife, whether acquired through Wife's employment or otherwise, and hereafter sai_d
pension/retirement/profit-sharing/benefit plan shall become the sole and separate property of
Wife and waives any and all information relating thereto.
9. HUSBAND'S DEBTS: Husband represents and warrants to Wife that as of the date
of the separation, he has not incurred, and in the future he will not contract or incur, any debt or
liability for which Wife or her estate might be responsible and shall indemnify and save harmless
Wife f~om any and all claims or demands made against her by reason of debts or obligations
incurred by him. Any and all loans, including charge accounts, presently in Husband's name
alone shall be Husband's sole and separate responsibility for payment. Husband agrees to
indemnify and save harmless Wife fi.om any loss she may sustain as a result of any default in
payment by Husband.
10. WIFE'S DEBTS: Wife represents and warrants to Husband that as of the date of the
separation she has not incurred, and in the future she will not contract or incur, any debt or
liability for which Husband or his estate might be responsible and shall indemnify and save
harmless Husband fi.om any and all claims or demands made against him by reason of debts or
obligations incurred by her. Any and all loans, including charge acc. ounts, presently in Wife's
5
name alone shall be Wife's sole and separate responsibility for payment. Wife agrees to
indemnify and save harmless Husband from any loss he may sustain as a result of any default in
payment by Wife.
11. WARRANTY AS TO FUTtFRE OBLIGATIONS: Husband and Wife each
covenant, warrant, represent and agree that with the exception of the obligations set forth in this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the est~e of
the other may be liable. Each party shall indemnify and hold harmless the other party for and
against any and all debts, charges and liabilities incurred by the other after the date of execution
of this Agreement, except as may be otherwise specifically provided for by the terms of this
Agreement.
12. AFl'ER ACOUIRED PERSONAL PROPERTY: Each of the parties hereto shall
hereafter own and enjoy, independent of any claims or right of the other, all items of personal
property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes, as though he or
she were unmarried.
13. TAX ON PROPERTY DIVI$IOSk Husband hereby agrees to pay all income taxes
assessed against him, if any, as a result of the division of the property of the parties hereunder.
Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division
of the property of the parties hereunder. However, the parties do not intend there to be any tax
consequences fi.om this Agreement. In the event the parties have incurred a joint tax debt, the
parties agree a share the tax obligation equally.
6
effectuate the provisions and purposes of this Agr'eement. If either party fails, on demand, to
comply with this provision, that party shall pay to the other, all attorney fees, costs and other
expenses reasonably incurred as a result of such failure.
27. EXECUTION OF DOCUMENTS: Each party shall be, and remain, the sole owner
of any other asset in his or her control not specifically covered by other provisions in this
Agreement. Should it become necessary, each party agrees to sign, promptly, any other title.s or
documents required to give effect to this section upon request of the other party.
28. 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.
29. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or obligations
of the parties.
30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a
separate and independent cow~nant and agreement.
31. ENTRY AS PART OF DECREE: It is the intention of the parties that this~
Agreement shall survive any action for divorce which may be instituted or prosecuted by either
party and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent,
shall affect or modify the financial terms of this Agreement. This Agreement shall be embodied
in, and made part of, any such judgment or decree of final divorce. ,Both parties agree to have the
11
terms of this Marital Settlement Agreemeni i~c'o~orated in the final divorce decree, for the
purpose of enforcement, but not merged therein.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and
to so bind their respective heirs, personal representatives and assigns, have signed and sealed this
Agreement the day and year first above written.
WITNESS:
MICHAEL A. TROUTMAN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
Before me, a Notary Public, in and for said County and Commonwealth, personally
appeared LINDA L. TROUTMAN, who, in due form of law, acknowledged the above
Agreement to be her act and deed and desire that the same be recorded as such.
Wimess my hand and official seal this ~ day of September, 2004.
NOTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
Before me, a Notary Public, in and for said County and Commonwealth, personally
appeared MICHAEL A. TROUTMAN, who, in due form of law, acknowledged the above
Agreement to be his act and deed and desire that the same be recorded as such.
Witness my hand and official seal this Ivi day of September, 2004.
NOTARY PUBLIC
My Commission Expi~
LINDA L. TROUTMAN,
Plaintiff
VS.
MICHAEL A. TROUTMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2004~01469
CIViL ACTION -- LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 6, 2004.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry ora Final Decree in Divome 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. §4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
DATE:
Linda L. Troutman
LINT)A L. TROUTMAN,
Plaintiff
VS.
MICHAEL A. TROUTMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2004-01469
CIVIL ACTION -- LAW
IN DWORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 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 and 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
TO THE PENALTIES OF 18 PA.C.S. §4904 TO UNSWORN FALSIFICATION TO
AUTHORITIES.
DATE: c~_ ~.~-~4
"-~'~,,,~_~. ~"~ \~-o--~-~',C,~ (SEAL)
Linda L. Troutman
LINDA L. TROUTMAN,
Plaintiff
VS,
MICHAEL A. TROUTMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2004-01469
CIVIL ACTION -- LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divome under Section 3301(c) of the Divorce Code was
filed on April 6, 2004.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Oivome 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. §4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
DATE:
Michael A. Troutman
LINDA L. TROUTMAN,
Plaintiff
VS.
MICHAEL A. TROUTMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2004-01469
CIVIL ACTION -- LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 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 and 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 VERI]TY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE TO
THE PENALTIES OF 18 PA.C.S. §4904 TO UNSWORN FALSIFICATION TO
AUTHORITIES.
DATE:
Michael A. Troutman
LINDA L. TROUTMAN,
Plaintiff
VS.
MICHAEL A. TROUTMAN,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 2004 - 01469 CIVILTERM
PRAEClPE 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)
(Strike out inapplicable section).
Defendant was served on April 14, 2004, by
2. Date and manner of service of the complaint:
Certified Mail-Return Receipt Requested "Restricted Delivery"
Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code:
by plaintiff September 14[, 2004 ; by defendant September 15, 2004
(b) (1) Date of execution of the affidavit required by §3301 (d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4. Related claims pending: Nd-clazms pending
Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b)
Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: Septemb=?-r 21, 2004
Date: September 20, 2004
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with
the Prothonotary: September 21, 2004
~ATURIN & BATURIN
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~ PENNA.
LIN]DA L. TROUTMAN,
Plaintiff
NO. 2004
01469
VERSUS
MICHAEL A. TROUTMAN,
Def=~ndant
AND NOW,
DECREED THAT
AND
DECREE IN
DIVORCE
LINDA L. TROUTMAN
MICHAEL A. TROUTMAN
2004
, IT IS ORDERED AND
, PLAINTIFF,
, 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;
AND, FURTHERMORE, the Marital Settlement Agreement, dated September 16, 2004,
executed by the parties hereto, is incorporated with, but not merged into, the
final Decree In Divorce; and, the parties are directed to comply with the
provisions ther_=of.
BY T~
ATTEST: /~ · f~/1 J'
/-~PROTHONOTARY
IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA
CIVIL DIVISION
LINDA L. TROUTMAN
Plaintiff
MICHAEL A. TROUTMAN
Defendant
· File No.
2004-01469
IN DIVORCE
N_QTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/d3~a~t in the above matter,
[select one by marking "x"]
__ prior to the entry of a FinaI Decree in Divorce,
or x after the entry of a Final Decree in Divorce dated September 28, 20,04
hereby elects to resume the pdor surname of Linda L. Mains
wdtten noti~,e avowing ~ / her intention pursuant to the provisions of 54 P.S. § 704.
- Sigrlatur~-'
~ignatu~ e of name beihg resumed
, and gives this
COMMONWEALTH Of PENNSYLVANIA )
COUNTY OF ~u,-c,~r/c~,~c.\ ) SS.
)
On the 10&~ day of ~k~,f~ ~ , 200'4 , before me,
the Prothonotary or a Notary Public, personally appeared the above aftlant known to me to be
the person whose name is subscribed to [he within document and acknowledged that he /
she executed the foregoing for the purpose therein contained.
ha dan fficial$ '
In Witness Whereof, I have hereunto set my
Proff~~ry Public
P;o~;h, - ~1 (Re',', 4/01)
COMMC)NWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
KENNETH b FRY JR., Notary Public
Camp Hill Bom, Cumberland County
My C,~mm~mon F. xpims April 8, 20O8