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HomeMy WebLinkAbout10-3180 JUSTIN D. BAUBLITZ, Plaintiff VS. COURTNEY N. BAUBLITZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • _ C7 a NO. 10 -3180 CiV? ??°+('n^ CIVIL ACTION - LAW IN DIVORCE . U NOTICE TO DEFEND AND CLAIM RIGHTS L? ca ,.o 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4'' Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 nF ;i"Ts C •?C 3-as-a . Oo A ATT`/ GG'? 50l (p R, a4a630 JUSTIN D. BAUBLITZ, Plaintiff VS. COURTNEY N. BAUBLITZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is Justin D. Baublitz, an adult individual who resides at 58 Maryland Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Courtney N. Baublitz, an adult individual who resides at 361 East Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on November 13, 2003, at Carlisle, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the court require that the parties participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce Timoth J. O'Connell, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff w Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. r Date: 2 l Tustin D. Baublitz JUSTIN D. BAUBLITZ, Plaintiff vs. COURTNEY N. BAUBLITZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code I . The parties to this action have continued to live separate and apart for a period of at least two years, since September 2007. 2. The marriage is irretrievably broken. 3. 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. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: ?ustin D. Baublitz JUSTIN D. BAUBLITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN CUSTODY COURTNEY N. BAUBLITZ, D f d ~3~~ NO 1 U e en ant 0.3~~A . CIVIL TERN~.7 ,v - C ~ ~, ` ; _~-, Lam[ ' PRAECIPE TO PROCEED IN FORMA PAUPERIS ~ - ' =~ 'ry'e _:_ ~ -~ ~; TO THE PROTHONOTARY: ~, ' ~~~ ~ y( ''c` ~ Kindly allow Courtney Baublitz, Defendant, to proceed in forma pauperis. ~ u r.s> The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date ~ ~`1 lV ;~k~, ~i ch, o-~(~ , Alice Richards Certified Legal Intern ROB T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 JUSTIN D. BAUBLITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLV ANIA v. :CIVIL ACTION -LAW IN CUSTODY COURTNEY N. BAUBLITZ, 31dl~ Defendant : NO. 10-~g}p CIVIL TERM c a s ° ~ ~ PRAECIPE TO ENTER APPEARANCE l `` ~ ~" ~-~ ~ ;~ L.... ~.-/ 5~.... ~ /~ To the Prothonotary: `~' Please enter the appearance of the Family Law Clinic on behalf of Courtney Baublitz, the Defendant, in the above captioned matter. c~inrL ` `~ 2010 C U'' C~_ ice c ds Certified Legal Intern Megan 'esmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 JUSTIN D. BAUBLITZ, Plaintiff vs. COURTNEY N. BAUBLITZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3180 CIVIL TERM CIVIL ACTION -LAW ]N DIVORCE C3 0 ~ o ~ rn~=' cr ~ --1 ~ --,- ~--- .. _~. t r , ~' c. w ~- cn COUNTER-AFFIDAVIT UNDER &3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. ~_ (b) I oppose the entry of a divorce decree because [check (i), (ii) or both]: _~ (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, division of property, l~wyer's fees or expenses if I do not claim them before a divorce is granted. -~- (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit aze 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: ~ -~ ~ L.~ - r (~ / Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. JUSTIN D. BAUBLITZ, Plaintiff vs. COURTNEY N. BAUBLITZ, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 10-3180 CIVIL TERM DEFENDANT'S ANSWER TO DIVORCE COMPLAINT AND NEW MATTER Defendant, Courtney Baublitz, by her attorneys, the Family Law Clinic, hereby responds to Plaintiff s Divorce Complaint as follows: 1. Admitted. cn r-~ 2. Admitted. -r' `~ , rr , ~ `= =~ --~ c. . . _ r - ' ~; ~ 3. Admitted. ' ~ -a , g*y ~, 4. Admitted. ~~ , - . art s., 5. Admitted. ~ ~ 6. Admitted. 7. Defendant is without sufficient knowledge to either affirm or deny the averment. 8. Admitted. NEW MATTER 9. Defendant repeats and realleges paragraphs number 1 through 8 as though fully set forth herein. 10. Plaintiff alleges in his Affidavit under Section 3301(d) of the Divorce Code that the parties have lived separate and apart for a period of at least two years, since September 2007. However, on January 21, 2010, a child, Zander Baublitz, was born into the marriage. Plaintiff s name is listed on the child's birth certificate. An Order of Court in support was entered on June 1, 2010, ordering Plaintiff to pay child support for said child. The parties have not lived separate and apart for a period of at least two years. 11. The parties have lives separate and apart since Apri12010. EQUITABLE DISTRIBUTION 12. Defendant and Plaintiff have acquired property during their marriage, including, but not limited to Plaintiff s pension. WHEREFORE, Defendant requests that this Honorable Court equitably divide the marital property and debts between the parties and grant such other relief as the Court deems just. Respectfully Submitted, DATE 7 I ~ `\ 0 ' J~~.~~ ~~ ~ G~~- -T Alice Richards Certified Legal Intern ~~ ROB T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 VERIFICATION I verify that the statements made in the foregoing Answer and New Matter are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date ~' ~p -~(~ Defendant Courtne aub itz JUSTIN D. BAUBLITZ, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW IN DIVORCE COURTNEY N. BAUBLITZ, Defendant NO. 10-3180 CIVIL TERM CERTIFICATE OF SERVICE I, Alice Richazds, Certified Legal Intern, Family Law Clinic, hereby certify that I served a copy of Defendant's Answer to the Divorce Complaint and New Matter on Timothy O'Connell, Counsel for the Plaintiff, on July 9, 2010, at 4701 North Front Street, Harrisburg, Pennsylvania, 17110, by depositing, on this date, a copy of the same in the United States mail, postage prepaid. I verify that the statements made in this Certificate of Service aze true and correct to the best of my personal knowledge 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 ~' ~~ lice Richazds Certified Legal Intern c ,; `~ ~ FAMILY LAW CLINIC ?; ~~ L- ~_ d 45 North Pitt Street '~ " T, Cazlisle, PA 17013 °~ ~ : r'v ~~. ~, r~. (717) 243-2968 - ~:: Fax: (717) 243-3639 `~~ x'~::. _~ ;'- m c -... -- ~,~ -c JUSTIN D. BAUBLITZ, Plaintiff V. COURTNEY BAUBLITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 10-3180 CIVIL TERM INVENTORY OF COURTNEY BAUBLITZ Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct, to the best of her knowledge, information, and belief. Defendant understands that false statements -- c 1 herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsiRatild to-q authorities. -?3 a J,.,3 = q Cr% ?rn d 1 ? © Defen ant 3-n y , i ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property ( ) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts (X) 12. Inheritances ( ) 13. Patents, copyrights, inventories, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a parry with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Number Of Property 1. 58 Marilyn Drive Carlisle, PA 17013 12. Inheritance ($130, which was put toward Courtney's grandmother's tombstone, and clothes) 18. Wal-Mart Pension 25. Miscellaneous Household Items (See attached list) PROPERTY TRANSFERRED Item Description Date Of Number of Property Transfer Consideration Names Of All Owners Justin Baublitz Courtney Baublitz Courtney Baublitz Justin Baublitz Justin Baublitz Justin Baublitz Courtney Baublitz Person To Whom Transferred 2 LIABILITIES Item Description Number of Property 24. Automobile Loan (approx. $11,500) Names Of Names Of All Creditors All Debtors Brunner Car Credit Justin Baublitz Courtney Baublitz 24. Hospital bill for birth of son, Zander Baublitz (approx. $31,000) 24. Ambulance bill for birth of son, Zander Baublitz (approx. $1,700) Harrisburg Hospital Justin Baublitz Courtney Baublitz Cumberland Justin Baublitz Goodwill EMS Courtney Baublitz Defendant reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. LIST OF HOUSEHOLD ITEMS Number Description of Property 25. Various tools 25. Air compressor (approx. $225) 25. Generator (approx. $307) 25. Welder (approx. $195) 25. Dolphin Table (gift from Justin Baublitz to Courtney Baublitz prior to marriage, approx. $50) 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Justin Baublitz, ~ '~' ~ Plaintiff ea ac• File No. 10-3180 ~ IN DIVORCE ,;,~. ~ Courtney Baublitz , ~" ~ Defendant ~o• °0 --r -~ .~' ~ NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, Courtney Baublitz j X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Courtney Barclay`-, and gives this written notice avowing her intention pursuant to the provisions of 54 Pa.C.S. §~4. ~, '`-~.___ Date: ~ '~ ~~ 1 ~, :~./Z~ ~~ gnature Barclay COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the ~f~lay of ~~~ J~, 2012, before me, the Prothonotary or the -Notary Public, personally appeared the above affiant, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and Notarial Seal. c~:,~ ~~, ~, ~~ ~.~ n, j ccwwt~ I .700 ~ ~i L~ L ~`~ Y Public OTAR LIC Cie 80ti9., C:Uf~l~el'~fld CpW1l~l My CDmmbrion Ermines lone 23, 2014 ~ r3. Gv g~I e~ s~ ' JUSTIN D. BAUBLITZ, Plaintiff v. COURTNEY N. BAUBLITZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3180 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this ~ day of /(/~pQ,~~ , 2012, a Rule is issued upon ~~d ~,~c,,,.,de~,t the plaintiff to show cause why the relief requested in the attached motion should not be granted. Rule returnable .~~ days a ~~ fP.r~Jeee ~7 ~c ,~~~~~ ~,... By the Court: 2 ~~~ ~~ -_~ ~~ :~=~ F rn ~'~- ~ ? i cn ..fix- ~ r- c~ ~ , ~ ~-, ~a.. -.~ ~ --~-: o < ~, r, ~ -.~, c:, -r= ~ ._._. x c ~ ~ ~... a,. r /~~ ~~rh ~C/' a' 0 ~-OK/tel~ ~~ ~ ~J y - ~pNt/116ca. ~ ~ ~`+~r1.i G Sus~:h t~. ~udl,~ „.., JUSTIN BAUBLITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW IN DIVORCE c ` COURTNEY BARCLAY • =r 'r' rrieo (formerly BAUBLITZ), • ter` Defendant : NO. 10-3180 CIVIL TERM -D �- D = C) r,`� MOTION FOR APPOINTMENT OF MASTER Courtney Barclay, Defendant, moves the court to appoint a Master with respect to the following claim: ( ) Divorce (x) Distribution of Property O Annulment O Support () Alimony O Counsel Fees O Alimony Pendente Lite O Costs and Expenses and in support of the motion, states: 1. Discovery is complete as to the claim for which the appointment of a master is requested. 2. The Defendant has appeared and is represented in the action by her attorneys, the Community Law Clinic. 3. The Statutory ground for divorce is 23 Pa.C.S.A. § 3301(d). 4. The action is contested with respect to the following claim: Equitable Distribution of Property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one hour. 7. Opposing party is pro se and therefore concurrence has not been sought. 8. The Honorable Judge Masland has previously ruled in this matter. Date: February 12, 2014 Respectful submitted by: IA -- Nicole M. Anderson Certified Legal Int-rn r4./ TIMOT✓Y P. SMITH MEGAN RIESMEYER Supervising Attorneys COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 Fax: 717-241-3596 JUSTIN BAUBLITZ , : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW IN DIVORCE COURTNEY BARCLAY , (formerly BAUBLITZ) • Defendant : NO. 10-3180 CIVIL TERM CERTIFICATE OF SERVICE I,Nicole Anderson, Certified Legal Intern, Community Law Clinic, hereby certify that I served a true and correct copy of the Motion to Appoint a Divorce Master on Plaintiff Justin Baublitz, by depositing a copy of the same in the United States mail, 1st class postage prepaid, addressed to: Mr. Justin Baublitz 58 Marilyn Drive Carlisle, PA 17013 0/ 1;/ KJ/(z--- 1) Date Nicole Anderson Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 y JUSTIN BAUBLITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW IN DIVORCE COURTNEY BARCLAY • (formerly BAUBLITZ), • Defendant : NO. 10-3180 CIVIL TERM ORDER APPOINTING MASTER AND NOW, farr , 2014 E. Robert Elicker, Esquire, is appointed master with respect to the following claims: Equitable Distribution of Property. By the Court: /," J. c .., Veer -�� •__ Cor'es 122z/4 tcct cr> — CeVnPrIIRA.);4y LI") a It). IL nic .') TW ap..0//ef JUSTIN BAUBLITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW IN DIVORCE COURTNEY BARCLAY • (formerly BAUBLITZ), • rs-. Defendant : NO. 10-3180 CIVIL TERM .. c=' r C y DEFENDANT'S PRE-TRIAL STATEMENT '' cr, The Defendant, Courtney Barclay, by her attorneys, the Community Law Clinic, submits the following pre-trial statement: The Defendant, Courtney Barclay ("Courtney"), and the Plaintiff, Justin Baublitz ("Justin") were married on November 13, 2003. Two children were born of this marriage, Richard D. Baublitz (DOB 03/23/2005) and Zander M. Baublitz (DOB 01/21/2010). Zander was born prematurely and as a result the parties have incurred substantial medical bills related to his birth. Courtney has always been, and continues to be, the primary caretaker of these children. The grounds for divorce are 23 Pa.C.S.A. § 3301(d). The issues before the Court are a determination of date of separation and equitable distribution of marital property. Courtney claims the parties separated on April 29, 2010, and have continued to live separate and apart since that time. Justin claims the parties separated in September 2007. The date of final separation remains in dispute and remains an issue for valuing Justin's pension. The following information relates to the equitable distribution claim: 1. MARITAL AND NON-MARITAL ASSETS See attached Inventory of Courtney Baublitz filed with the Court on April 6, 2011. The marital assets have been divided to Defendant's satisfaction. 2. EXPERT WITNESSES At this time, Courtney has not identified any experts. However, it may become necessary to have an expert valuation of Justin's pension. 3. OTHER WITNESSES Courtney does not believe that any witnesses are necessary at this time, but reserves the right to call any witnesses who may be relevant. 4. EXHIBITS A. Inventory of Courtney Baublitz filed with court on April 6, 2011, 3 pages. B. Justin's Wal-Mart Pension as of April 30, 2011, 8 pages. The summary of Justin's Walmart 401(k) pension plan represents the value as of April 30, 2011. The total aggregate plan value is listed as $5,966.38. The vested balance is $5,248.54. Courtney does not believe any other exhibits are necessary at this time, but reserves the right to present exhibits that may be relevant. 5. INCOME Courtney started working part time at Family Dollar in Carlisle on March 15, 2014. She averages 10 hours per week, at a rate of$8.00 per hour. She will receive her first paycheck on April 4th. Prior to working at Family Dollar, she was unemployed since 2010. 6. PENSIONS AND INSURANCE Courtney does not have a pension. Justin has been working at Wal-Mart since 2006 and through his employment has been earning a pension. As of April 30, 2011, the total aggregate plan value of this pension was $5,966.38, the vested balance was $5,248.54. Courtney does not have an estimate of the pension's value at the alleged dates of separation. Courtney and the Community Law Clinic have requested repeatedly, both through verbal and written communication, that Justin disclose his pension information. Courtney requests that Justin provide the Community Law Clinic with either a valuation of the pension at the time of the alleged dates of separation, or the name and telephone number of the plan administrator and sign a release so that she can obtain information regarding his pension. 7. MARITAL DEBT Courtney sets forth the following marital debts: Creditor: Harrisburg Hospital Amount of Debt at Separation: Approximately $31,000 Date Incurred: January 2010 Payments Since Separation:None. Reason for Debt: The parties' youngest son, Zander, was born prematurely. As a result, Zander required special medical attention and services. Courtney has not been contacted by the hospital or creditors regarding this debt since 2010. Creditor: Cumberland Goodwill EMS Amount of Debt at Separation: Approximately $1,700 Date Incurred: January 2010 Payments Since Separation: Unknown Reason for Debt: The parties' youngest son, Zander, was born prematurely. This debt was incurred from the ambulance bill for Zander's birth. As a result, Zander required special medical attention and services. Courtney has not been contacted by the hospital or creditors regarding this debt since 2010. 8. PROPOSED RESOLUTION Courtney proposes Justin's pension be valued at the April 29, 2010 date of separation and be divided evenly between the parties. This proposal has been presented before to Justin, but Courtney has not received a response. Date: Res.-ctfully su itted, f Nicol'. M. • derson Certified Legal Intern Timothy P. Smith Supervising Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 717-243-2968 JUSTIN D. BAUBLITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYL v. : CIVIL ACTION DIVORCE COURTNEY BAUBLITZ, Defendant :NO. 10-3180 CIVIL TERM INVENTORY OF COURTNEY BAUBLITZ Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct, to the best of her knowledge, information, and belief. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. c.' C7 . -n rn� 3 iZ rl `"Defen ant „N<� a, a° ASSETS OF PARTIES = CD Defendant marks on the list below those items applicable to the case at bar and rtiize,0 > the assets on the following pages. (X) 1. Real Property ( )2. Motor Vehicles ( ) 3. Stocks,bonds, securities and options ( )4. Certificates of deposit ( ) 5. Checking accounts, cash ( ) 6. Savings accounts,money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts (X) 12. Inheritances ( ) 13. Patents, copyrights, inventories,royalties ( ) 14. Personal property outside the home 1 1` ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits- severance pay,worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans ( ) 19. Retirement plans, Individual Retirement Accounts ( )20.Disability payments ( )21. Litigation claims (matured and unmatured) ( )22. Military/V.A. benefits ( )23. Education benefits (X)24. Debts due, including loans,mortgages held (X)25. Household furnishings and personalty(include as a total category and attach itemized list if distribution of such assets is in dispute) ( )26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names Of Number Of Property All Owners 1. 58 Marilyn Drive Justin Baublitz Carlisle, PA 17013 Courtney Baublitz 12. Inheritance ($130, which was Courtney Baublitz put toward Courtney's Justin Baublitz grandmother's tombstone, and clothes) 18. Wal-Mart Pension Justin Baublitz 25. Miscellaneous Household Justin Baublitz Items(See attached list) Courtney Baublitz PROPERTY TRANSFERRED Item Description Date Of Person To Whom Number of Property Transfer Consideration Transferred 2 . I L LIABILITIES Item Description Names Of Names Of Number of Property All Creditors All Debtors 24. Automobile Loan Brunner Car Credit Justin Baublitz (approx. $11,500) Courtney Baublitz • 24. Hospital bill for birth Harrisburg Hospital Justin Baublitz of son, Zander Baublitz Courtney Baublitz (approx. $31,000) 24. Ambulance bill for birth Cumberland Justin Baublitz of son,Zander Baublitz Goodwill EMS Courtney Baublitz (approx. $1,700) Defendant reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. LIST OF HOUSEHOLD ITEMS Number Description of Property 25. Various tools 25. Air compressor (approx. $225) 25. Generator (approx. $307) 25. Welder (approx. $195) 25. Dolphin Table (gift from Justin Baublitz to Courtney Baublitz prior to marriage, approx. $50) 3 JUSTIN BAUBLITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAI JA " v. CIVIL ACTION -LAW 1.1.1 cri :a ti `C.) : DIVORCE • -. 1 COURTNEY BARCLAY ° -moo �° "; (formerly BAUBLITZ z.CD r 5.' Defendant : NO. 10 -3180 CIVIL TERM > = , CERTIFICATE OF SERVICE I, Nicole M. Anderson , Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Defendant's Pre -Trial Statement on Justin Baublitz, residing at 58 Marilyn Drive, Carlisle, PA 17013 by depositing a copy of the same in the United States first -class mail, on the 1st day of April 2014. Nicole M. Ande ` on Certified Legal Intern COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013 (717) 243 -2968 Fax: (717) 241 -3596 JUSTIN BAUBLITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW IN DIVORCE COURTNEY BARCLAY (formerly BAUBLITZ), Defendant : NO. 10-3180 CIVIL TERM PRAECIPE TO WITHDRAW To The Prothonotary: Please withdraw the Count for Equitable Distribution in the Defendant's Answer to the Divorce Complaint and New Matter for the above -captioned docket. Date: Y 95, Ceyttfied hnson Intern Timothy Supe ng Attorney COMMUNITY LAW CLINIC 371 West South Street Carlisle, PA 17013-2827 (717)-243-2968 Fax: (717) 241-3596 Justin Baublitz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE Courtney Barclay, (Formerly Baublitz) Defendant : NO. 2010-3180 CIVIL TERM NOTICE TO PLAINTIFF If you wish to deny any of the allegations set forth in this affidavit, you must file a counter -affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in April 2010, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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. 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 /0 -6 `"-/-/ Courtney B . relay (Formerly Baublitz) Defendant Justin Baublitz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE oz) Courtney Barclay, (Formerly Baublitz) -<> r— Defendant : NO. 2010-3180 CIVIL TE AFFIDAVIT OF CONSENT c.,L) cD C) EN) CO 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 13, 2010. rn 2. The marriage of 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 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. § 4904, relating to unsworn falsification to authorities. Date (Q -6 --// Courtney Barc (Formerly Baublitz) Defendant Justin Baublitz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE Courtney Barclay, (Formerly Baublitz) Defendant : NO. 2010-3180 CIVIL TERI\ rn.„. - = _4 CD I crt --< --- ---4 c:-. WAIVER OF NOTICE OF INTENTION TO REQUEST — c---) ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE ..,-.. cc - I. 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. Date 704--121 Courtney B relay , Defend (Foitherly Baublitz) Justin Baublitz , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW : DIVORCE Courtney Barclay, :"- -Y-, (Formerly Baublitz). mo: Defendant : NO. 2010-3180 CIVIL TER1V6,93 %cc, c.nyy W —4r:2 'P C) - ca .• I, Taylor Johnson, Certified Legal Intern, Community Law Clinic, hereby cert'y that)I. served a true and correct copy of the Defendant's Affidavit Under Section 3301(d) Of The Divorce Code on Justin Baublitz, residing at 58 Marilyn Drive, Carlisle, PA 17013, by depositing a copy of the same in the United States first class mail on October 9, 2014. CERTIFICATE OF SERVICE or Jo i son Certi ' ed Legal Intern COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 Justin Baublitz, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : DIVORCE Courtney Barclay , (Formerly Baublitz) Defendant : NO. 2010 - 3180 CIVIL TERM CERTIFICATE OF SERVICE I, Taylor Johnson, Certified Legal Intern, Community Law Clinic, hereby certify that I served a true and correct copy of Defendant's Affidavit of Consent and Waiver of Notice on Justin Baublitz, residing at 58 Marilyn Drive, Carlisle, PA 17013, by depositing a copy of the same in the United States first class mail on October 13, 2014. )a or ohnson Certified Legal Intern COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 Justin Baublitz , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -LAW G : DIVORCE m Q Zit Courtney Barclay, ccnnr- (Formerly Baublitz) r-= fl Defendant : NO. 2010-3180 CIVIL TERM >c--, = c3 --t CERTIFICATE OF SERVICE I, Taylor Johnson, Certified Legal Intern, Community Law Clinic, hereby certify that I served a true and correct copy of the Notice of Intent and Plaintiff's Counter -Affidavit on Justin Baublitz, residing at 58 Marilyn Drive, Carlisle PA 17013, by depositing a copy of the same in the United States first class mail on November 10, 2014. Johnson Certified Legal Intern COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 717/232-4551 telephone 717/232-2115 facsimile tjo@turnerandoconnell.com 1-1(l1-:0 ECI9Ail /0: 27 CUMBERLAND COUNTY PENNSYLVANIA JUSTIN D. BAUBLITZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 10-3180 CIVIL COURTNEY N. BAUBLITZ, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE 1, Timothy J. O'Connell, Esquire, attorney for the plaintiff, Justin D. Baublitz, in the above captioned action for divorce, hereby certify that a conformed copy of the Complaint in Divorce duly endorsed with a Notice to Defend and Claim Rights, and Plaintiff's Affidavit was served on the defendant, Courtney N. Baublitz, by Certified Claim No. 7006 3450 0002 3535 1637, restricted delivery, return receipt requested, by depositing the same in the United States mail at Harrisburg, Pennsylvania, pursuant to Rule 1920,4 of the Amendments of the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As evidence by the green return receipt card attached hereto, the Complaint was receiv .id defendant on May 19, 2010. Swori and subscribed to b I) of Decem Timothy ,. O'Connell, Esquire TURNER AND O'CONNELL 4701 North Front Street Harrisburg, PA 17110 717/232-4551 telephone 717/232-2115 facsimile fjo@turnerandoconnell.com o ary Public ONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Stacey A. Fogle, Notary Public Susquehanna Twp, Dauphin County My commission expires January 02, 2017 SENDER: COM.' PLETE -rills SECTION _ • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: COMPLETE THIS SECTION ON DELIVERY Signature Agent Addre C. Date of r elivery D. Is delivery address rffererrt from item 1? If YES, enter delivery address below: 0 No RESTRICTED etvice Type au Registered 0 Return Receipt Insured Mail 0 C.O.D. for Merchandise 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number .?006 3450 0002 3535 1637 (Transfer from service label PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 JUSTIN BAUBLITZ, :' IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA �') M1 -.r v. : CIVIL ACTION - LAWcc F : DIVORCE,F -" COURTNEY BARCLAY-- v>j (formerly Baublitz), : NO. 2010-3180 CIVIL TERM - •` Defendant`�`` i.- c -r, c PETITION TO REVOKE DIVORCE MASTER <� w Courtney Barclay, Defendant, moves the Court to revoke E. Robert Elicker, Esquire as Master in the above -captioned action, and in support of the Petition, respectfully represents as follows: 1. On May 13, 2010, Plaintiff, Justin Baublitz, commenced an action in divorce against the Defendant, Courtney Barclay (formerly Baublitz). 2. On July 7, 2010, Defendant filed an Equitable Distribution claim in the above -captioned matter. 3. On February 12, 2014, Defendant filed a Motion for Appointment of Master with respect to the Equitable Distribution claim. 4. On February 19, 2014, E. Robert Elicker, Esquire, was appointed as Master with respect to the Equitable Distribution of Property claim. 5. On September 8, 2014, Defendant filed a Praecipe to Withdraw the Count for Equitable Distribution in the Defendant's Answer to the Divorce Complaint and New Matter. 6. On October 6, 2014, Defendant filed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301(c) of the Divorce Code and an Affidavit of Consent to a final decree of divorce. WHEREFORE, Defendant respectfully requests that the appointment as Master of E. Robert Elicker, Esquire be revoked. Respectfully submitted, --df°7- Steph ie Swe ey Certified Legal Intern Megan Ri='smeyer Supervising Attorney COMMUNITY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 241-3596 JUSTIN BAUBLITZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE COURTNEY BARCLAY (formerly Baublitz), Defendant : NO. 2010-3180 CIVIL TERM CERTIFICATE OF SERVICE I, Stephanie Sweeney, Certified Legal Intern, Community Law Clinic, hereby certify that I served a true and correct copy of the Petition to Revoke Divorce Master on Plaintiff Justin Baublitz, by depositing a copy of the same in United States mail, 1St class postage prepaid, addressed to Mr. Justin Baublitz, 58 Marilyn Drive, Carlisle, PA 17013 on January 15, 2015. __)//5/20) ate Steph nie Sw ney Certified Legal Intern COMMUNITY LAW CLINIC:, 371 West South Street 0= G''' Carlisle, PA 17013 r'.r 7,• (717) 243-2968 t Fax: (717) 241-3596 �',...cji c c.:, --o c: