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Home My WebLink About06-1649 MICHELLE BURDULIS-TROUT, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA ; NO. O~ -1L,l{y c. (~ r'UL L, !<CA-~ BRETT EUGENE TROUT, Defendant : CIVIL ACTION - LAW : IN CUSTODY 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE P A 17013 (717) 249-3166 - .. v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Ofs. -I i..PLf.'i Ll ~(. L '-r0L'1 MICHELLE BURDULIS-TROUT, Plain tiff BRETT EUGENE TROUT, Defendant : CIVIL ACTION - LAW : IN CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the above-named Plaintiff, Michelle Burdulis-Trout, by her attorney, Mark A Mateya, Esquire, and seeks to obtain full custody of JULIA NOEL TROUT. 1. Plaintiff is MICHELLE BURDULIS-TROUT, an adult individual who currently resides at 1498 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. All1egal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is BRETT EUGENE TROUT, an adult individual who currently resides at 2 Pheasant Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Plaintiff seeks full physical custody of JULIA NOEL TROUT, born February 14, 1997, age 8 years who currently resides with Plaintiff at 1498 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania 17011. 5. The child JULIA NOEL TROUT was born in wedlock. . . 6. The child JULIA NOEL TROUT is presently in the custody of Plaintiff at 1498 Letchworth Road, Camp Hill, Cumberland County, Pennsylvania 17011. 7. During the past five years the children have resided with the following persons at the following addresses: A. From Birth to 2000 at 55 Rebecca Drive, York Haven, P A with Plaintiff and Defendant; B. From January, 2000, until November 2002 at 616 Park Hill Drive, Mechanicsburg, P A, with Plaintiff and Defendant; C. From November 2002 until January 2004, at 1328 Sugar Maple Court, New Cumberland, P A with Plaintiff; D. From January 2004 until the present, at 1498 Letchworth Road, Camp Hill, P A with Plaintiff. 8. The father of the child, Brett E. Trout, is currently residing at 3 South 2"d Street, Wormleysburg, Cumberland County, Pennsylvania, and he is divorced. 9. The Mother of the child, Michelle Trout, is currently residing at 1498 Letchworth Road, Camp Hill, Cumberland County, Peunsylvania, and she is divorced. 10. The relationship ofthe Plaintiff to Julia Noel Trout, is that of natural mother. 11. The relationship of the Defendant to Julia Noel Trout is that of natural father. . . 12. The Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children in this or another Court. 13. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of this Commonwealth or any other state. 14. Plaintiff does not know of a person not a party to this custody proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 15. The best interests and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff is the mother of the child. b. Plaintiff has been the primary caregiver ofthe child since her birth. d. Plaintiff can continue to provide a stable home for the child. e. Plaintiff can continue to provide financially for the child. f. Plaintiff assists the child with her schoolwork; g. Plaintiff can provide for the child emotionally; h. Plaintiff assists the child with her extra curricular activities; L Defendant has a history of drinking; j. Defendant has again begun drinking, after having completed alcohol rehabilitation in the past and the Plaintiff fears for the child's well-being when with Defendant, especially the risk of Defendant driving while intoxicated; WHEREFORE, the Plaintiff requests this Honorable Court to grant temporary full physical custody of the of the child to Plaintiff pending further order of this Court. Respectfully submitted, ~~.~ Mark A. Mateya Attorney 1.0. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Dated: )I'Z-?)O ~ Attorney for Plaintiff VERIFICATION I, Michelle Trout, hereby verify that the statements made in the foregoing document are true and correct, and further, I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A 9 4904 relating to unsworn falsification to authorities. '(rxltCu1u Ac:.r~ Michelle Trout ;;c) D ill. r- \ ~ ---- ~ ~" ~ 6 ...{ ~ ~ p:J '.:-) r',.) (;::.;> 0 C <;":',.) ---.:I (":,.~ " .-1 .~ -- :c .' b ;;0 ill ",) "-:-' t- N .., .[ ....;l,~ --... ; f'-.) ;0- W MICHELLE BURDULlS.TROUT PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. 06-1649 CIVIL ACTION LA W BRETT EUGENE TROUT [N CUSTODY DEFENDANT ORDER OF COURT AND NOW, Monday, March 27, 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, Cu.':'!!J~r.!!'!,.~.(:ounty Courthouse, Carlisle _ on Tuesday, May 09, 2006 at 9:30 AM for a Pre. Hearing Custody Conference. At such conference, an effort wiII be made to resolve the issues in dispute; or if this cannot be accomplished, to deline and narrow the issues to be heard by the court, and to enter into a temporary order. Al[ 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 penn anent 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/ Tacqueline M. Verney. EM, Custody Conciliator '~J'\ The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of [990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. AII arrangements must be made at least 72 hours prior to any hearing or business bet,,,.e the court. You must attend the scheduled con ference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. [1" YOU DO NOT HA VE 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 Bedt,)rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249.3166 , .rf .t~~rJ ft/-f~' 7?.?~ 44; 1<.7 (f f ~ .::? /'fT.vw '~I/-, '-1)0 L.-e. E' 2f2'lt/ pC? '7 /?;rlfrl/ 4:; FlJ 9r? !.,.e (' ~':'J)il:) I ';' .(' P.J ,.,J"U ,.',,' L.; n't! Gi'"? v '>...J" ~ ;JUv MICHELLE BURDULIS-TROUT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-1649 BRETT EUGENE TROUT, Defendant CIVIL ACTION - LAW IN CUSTODY AFFIDAVIT OF SERVICE AND NOW, this oj ~ay of March, 2006, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Custody was filed to the above term and number on March 22, 2006. 2. On March 24, 2006, a certified copy of the Complaint for Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. A copy of the Certified Mail Receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. 3. On March 24, 2006, a certified copy of the Complaint was set 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. .. 4. On or about March 31, 2006, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on March 30, 2006. Said receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, lLA .1 Mark A. Mateya, Es Ife Attorney LD. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff . f'- o ~ nJ U.S. Postal Service," CERTIFIED MAIL," RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Certified Fee U1 nJ rT1 nJ Postage $ ~ o o o Return Raciepl Fee (Endorsement Required) o Restricted Delivery Fee D (Endorsement Required) U1 o t.'. $ k Total Postage & Fees rT1 ~ ntTo B./CET/ I goul f'- ~f/;:::::!:;;},m/>jjijjSAMT7!o~iF' ........m..... Ci;i,.Si;;S;ZiP+tyiic;r>>.j.c.;7J;;i.r;".Pkm.Fio.ss-". . Complete ~ems 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. . PrInt your neme and address on the reverse so that we can return the card to you. . Attach this card to the back of the mall piece, or on the front ~ space permits. 1. ArtIcle Addressed to: !3R Ell tJ'f}: 0 Ui J? P!l~A5AAl/ {!OU~J (Y)ECJ.lA)JJCS~HRG- PA /1D55 o Agent o Add....... c. Date of Deliv~1 o -uo D. Is delivery address different from Item - 0 Yes If YES, enter delivery address below: D No 3. Se~ Type DrCertlfled Mall 0 Express Mall D Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. RastrIcted Delivery? (Extra Fee) Yes 2. Article Number (1Iansfer from -label) PS Form 3811. February 2004 7003 0500 0004 2325 2407 Domestic Return Receipt 102595-02-M-1540 EXHIBIT I A E:\Clients\Swartz, James\CustodyStip2.316.wpd US. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMEsne AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Received From: PA 1'100'/ One piece of ordinary mail addressed to' /'1055 PS Form 3817. Mar. 1989 EXHIBIT j 75 c ~ifl ':I;:c:::J <II< illlD bU'1 w c o c c ~'i1J ~::; ~~ ~~ s" ~tl: OJ c :o~ ~ ~ i!i",:::;"';1l' C.J!.OUl_""tI %'0"'000 -l ~-..J:tI Vl c _ -< OJ Z :p '" '" '" '" " :p Q , '.\ r__"\ I I l MAY 1 ll006 -\~.{:.=-.--.--~- ---'- --- - MICHELLE BURDULIS- TROUT,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA s ~ V. : NO. 2006-1649 CIVIL ACTION - LAW BRETT EUGENE TROUT, Defendant IN CUSTODY ORDER OF COURT ,," AND NOW, this \ 5 day of \"\ 0..,\ ' 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Michelle Burdu1is- Trout and the Father, Brett Eugene Trout, shall have shared legal custody of Julia Noel Trout, born February 14, 1997. 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 ofPa.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. 2. Mother shall have primary physical custody of the child. 3. Father shall have periods of partial physical custody as follows: A. Every Thursday from after school (during the school year) and after work (during the summer) overnight. During the school year, Father shall insure that the child arrives at school on Fridays. During the summer, Father shall return the child at times agreed by the parties. B. Alternating weekly, Thursday from after school (during the school year) and after work (during the summer) to Monday morning when Father shall insure that the child arrives at school (during the school year) and at times agreed (during the summer.) 4. The parties shall share holidays as previously agreed. 5. Each party shall be entitled to one full week in the summer, provided they give the other party 30 days prior Notice and the telephone number and address where the child may be contacted. 6. Neither party may partake in alcoholic beverages to the point of intoxication or illegal drugs immediately prior to or during their periods of physical custody. 7. Neither party shall do or say anything nor permit a third party to do or say anything that may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. 8. 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. BY THE COURT, 'l.u...\ J. cc: Mark A. Mateya, Esquire, Counsel for Mother William L. Grubb, Counsel for Father ~ ~ 5-/(;-0 t.. Q- VINv/\1\S;\/N9d A1.Nn~'-' , '-C' '-'-r'Jno ' [ .'} 'I'J '~-'~~-i:~"t Ii ..~ 1.", " . ..' ....;1. I I :2 Ud S I J.. ~W 9DOl 1 U\.IrO!\J" , " ril 'd :JHl :10 I\OV..L I VtUliC, .,J 30/:!=iO-<J31f:J .. MICHELLE BURDULIS-TROUT,: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY , PENNSYLVANIA V. : NO. 2006-1649 CIVIL ACTION - LAW BRETT EUGENE TROUT, Defendant : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 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 Julia Noel Trout February 14, 1997 Mother 2. A Conciliation Conference was held in this matter on May 9, 2006, with the following in attendance: The Mother, Michelle Burdulis- Trout, with her counsel, Mark A. Mateya, Esquire, and the Father, Brett Eugene Grubb, with his counsel, William L. Grubb, Esquire. 3. The parties agreed to an Order in the form as attached. ./ 5-Il-o~ Date ~.~~ cq line M. Verney, Esquire Custody Conciliator