HomeMy WebLinkAbout05-2744IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, * NO. ds - d-'741 Y
?W a C 6 Cr12 Yr1
Plaintiff
VS. * CIVIL ACTION - LAW IN DIVORCE
BRIAN CALDWELL,
Defendant
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 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 COURTHOUSE, I
COURTHOUSE SQUARE, CARLISLE, PA 17013.
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.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
NO. DS - o; '/Y 2lUiL'
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Plaintiff
vs.
*
*
BRIAN CALDWELL,
Defendant
CIVIL ACTION - LAW IN DIVORCE
COMPLAINT
COUNT I - DIVORCE UNDER §3301(c) or §3301(d) OF THE DIVORCE CODE
1. The Plaintiff is Jennifer Caldwell, who currently resides at 11 Homewood Street,
Dillsburg, Pennsylvania, 17019.
2. The Defendant is Brian Caldwell, who currently resides at 52 Tory Circle, Enola, PA
17025.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on January 23, 2002 in the Dominican Republic.
5. The parties are the parents of one (1) minor child: Derian Caldwell, born on March 8,
2000.
6. There have been no prior actions of divorce or for annulment between the parties.
7. Neither party is presently a member of the Armed Forces on active duty.
8. The parties have not entered into a written agreement as to alimony, counsel fees, costs,
or property division.
9. Plaintiff has been advised that counseling is available and that she may have the right to
request that the court require the parties to participate in counseling. Being so advised, Plaintiff does
not request that the Court require the parties to participate in counseling prior to a Divorce Decree being
issued.
10. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding
are
(a) §3301(c). The marriage of the parties is irretrievably broken; and
(B) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate
time. Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a
period of at least two (2) years.
11. Plaintiff requests This Honorable Court enter a Decree of Divorce.
WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving
the marriage between Plaintiff and Defendant.
COUNT II - CLAIM FOR EQUITABLE DIVISION OF MARITAL PROPERTY
UNDER §3502(a) OF THE DIVORCE CODE
12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as if set
forth in full.
13. Plaintiff and Defendant have individually or jointly acquired real and personal property
during the marriage in which they individually or jointly have legal or equitable interest, which marital
property is subject to equitable distribution.
WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably
distribute, divide or assign said marital property pursuant to §3502(a) of the Divorce Code.
COUNT III - CUSTODY
14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference as if set
forth in full.
15. Plaintiff seeks primary physical custody of the following child: Derian Caldwell, born
on March 8, 2000.
The child was born out of wedlock.
During the past five (5) years, the child has resided with the following persons at the
following addresses:
A. From April 2005 until present, Derian Caldwell has resided at 11 Homewood
Street, Dillsburg, Pennsylvania, 17019.
B. From April 2001 until April 2005, Derian Caldwell has resided at 52 Troy Circle,
Enola. PA with Jennifer Caldwell and Brian Caldwell.
C. From March 2000 until April 2001, Derian Caldwell resided at 4911 B Eastman
Drive, Harrisburg, PA with Jennifer Caldwell and Brian Caldwell.
The mother of the child is Jennifer Caldwell, who is currently residing at 11 Homewood Street,
Dillsburg, Pennsylvania, 17019.
She is married.
The Father of the child is Brian Caldwell, who is currently residing at 52 Tory Circle, Enola, PA
17025.
He is married,
16. The relationship of Plaintiff to the child is that of Mother.
17. The relationship of Defendant to the child is that of Father.
18. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
19. The best interest and permanent welfare of the child will be served by granting Plaintiff
primary physical custody of the minor child.
20. Each parent whose parental rights to the child has not been terminated and the person
who has physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff respectfully requests This Honorable Court to grant primary physical
custody of the minor child to the Plaintiff.
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
Dated:
Thomas M. Clark, Esquire
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. 4 85211
VERIFICATION
I, Jennifer Caldwell, verify that the statements made in this Complaint are true and correct to the
best of my knowledge, information, and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities.
Date: lla Q
JENNIFER A D ELL
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, * NO. 05-2744 Civil Term
Plaintiff / Petitioner
VS. * CIVIL ACTION - LAW
* IN DIVORCE
BRIAN CALDWELL,
Defendant / Respondent
PETITION FOR EXCLUSIVE POSSESSION OF THE
MARITAL RESIDENCE
AND NOW, this MS}day of May, 2005, comes the Petitioner, Jennifer Caldwell,
Plaintiff, in the above-captioned divorce action, by and through her attorney, Thomas M. Clark,
Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant petition seeking
exclusive possession of the marital residence, respectfully averring as follows:
Plaintiff and Defendant were married on January 23, 2002.
2. Since their marriage, the parties have resided together at 52 Tory Circle, Enola,
Cumberland County, Pennsylvania.
3. The residence situate at 52 Tory Circle was purchased by the parties in April
2001.
4. The parties have one child to the marriage, Derian Caldwell, born March 8, 2000.
5. In April 2005, Petitioner removed herself and her child from the residence and
has not returned. Respondent continues to reside therein.
6. On May 25, 2005, Petitioner filed a Complaint in Divorce at the above-captioned
docket.
Respondent is able to be employed and is financially capable of securing his own
housing.
8. Petitioner respectfully submits that circumstances which arose prior to April
2005, made it impossible for Petitioner and Respondent to continue to reside in the same home
together.
9. Specifically, due to Respondent's alcohol issues, Petitioner and child were not safe
while in the residence.
10. Respondent was often out of control, and on several occasions placed his hands on
Petitioner.
11. An intervention was held and Respondent was confronted by Petitioner and
Respondent's family.
12. To this date Respondent has taken no steps to get help or to better himself.
Respondent was forced to leave his job after testing positive for alcohol.
13. Petitioner is paying the mortgage as well as all the bills for the residence situate at 52
Tory Circle.
WHEREFORE, Petitioner respectfully requests This Honorable Court award exclusive
possession of the marital residence to her.
Dated: S T/ G?
WILEY, L NOS„COLGAN & MARZZACCO, P.C.
Thomas M. Clark, Esquire
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. #
VERIFICATION
1, Jennifer Caldwell, verify that the statements made in this document 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 unworn falsification to
authorities.
Date: 5?1 ?GS ti
JENNIFE L WELL
Plaintiff/ loner
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
* NO. 05-2744 CIVIL TERM
*
*
* CIVIL ACTION - LAW
* IN DIVORCE
*
*
*
CERTIFICATE OF SERVICE
I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, first-class, postage prepaid, as follows:
Brian Caldwell
52 Tory Circle
Enola, PA 17025
/
Date: By: ?`- S
Thomas M. Clark, Esquire
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, NO. OS- .271/L( O L Lj,
Plaintiff
VS. * CIVIL ACTION - LAW IN DIVORCE
BRIAN CALDWELL,
Defendant
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF C-b1MBER4wkNP-
I HEREBY CERTIFY that before me, the undersigned authority, a Process Server in and for
the Commonwealth of Pennsylvania, County of Cumberland aforesaid, personally appeared David
Rudy, Process Server, who made oath in due form of law that on the _ &5r day of
M.4X 2005, at (o: Ss-, o'clock P.M., he personally served a true and correct
copy of the Divorce Complaint, on Brian Caldwell, at his ragnlr E at the following
address:
, Process Server
Sworn to and subscribed before me
on this 7 v day of,
2005.
'dawi " -4 -
Notary Public COMMONWEALTH OF PENNSYLVANIA
S. Dawn ?, Public
Odlsbuty eoro, Yqk County
MYCommission E?ylres May 17, 2Qpg
Member, Pennsylvania Association of Notaries
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JENNIFER CALDWELL,
PLAINTIFF/PETITIONER
V.
BRIAN CALDWELL,
DEFENDANT/RESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-2744 CIVIL TERM
ORDER OF COURT
AND NOW, this day of June, 2005, IT IS ORDERED that a
hearing shall be conducted on the within petition at 10:00 a.m., Thursday, June 23,
2005, in Courtroom Number 2, Cumberland County Courthouse, Carlisle Pennsylvania.
Byth?Court, )/'
Edgar B. Bayley, J--`-<homas M. Clark, Esquire
For Petitioner
an Caldwell
52 Tory Circle
Enola, PA 17025
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2005 JUN -6 PH ?: 23
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, * NO. 05-2744 Civil Term
Plaintiff / Petitioner
VS. * CIVIL ACTION - LAW
* IN DIVORCE
BRIAN CALDWELL,
Defendant / Respondent
PETITION FOR EXCLUSIVE POSSESSION OF THE
MARITAL RESIDENCE
AND NOW, this MS+-day of May, 2005, comes the Petitioner, Jennifer Caldwell,
Plaintiff, in the above-captioned divorce action, by and through her attorney, Thomas M. Clark,
Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant petition seeking
exclusive possession of the marital residence, respectfully averring as follows:
Plaintiff and Defendant were married on January 23, 2002.
2. Since their marriage, the parties have resided together at 52 Tory Circle, Enola,
Cumberland County, Pennsylvania.
3. The residence situate at 52 Tory Circle was purchased by the parties in April
2001.
4. The parties have one child to the marriage, Derian Caldwell, born March 8, 2000.
In April 2005, Petitioner removed herself and her child from the residence and
has not returned. Respondent continues to reside therein.
6. On May 25, 2005, Petitioner filed a Complaint in Divorce at the above-captioned
docket.
Respondent is able to be employed and is financially capable of securing his own
housing.
8. Petitioner respectfully submits that circumstances which arose prior to April
2005, made it impossible for Petitioner and Respondent to continue to reside in the same home
together.
9. Specifically, due to Respondent's alcohol issues, Petitioner and child were not safe
while in the residence.
10. Respondent was often out of control, and on several occasions placed his hands on
Petitioner.
11. An intervention was held and Respondent was confronted by Petitioner and
Respondent's family.
12. To this date Respondent has taken no steps to get help or to better himself.
Respondent was forced to leave his job after testing positive for alcohol.
13. Petitioner is paying the mortgage as well as all the bills for the residence situate at 52
Tory Circle.
WHEREFORE, Petitioner respectfully requests This Honorable Court award exclusive
possession of the marital residence to her.
Dated: .3 31 G?
WIL= MARZZACCO, P.C.
Thomas M. Clark, Esquire
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. #
VERIFICATION
1, Jennifer Caldwell, verify that the statements made in this document 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.
Date:
C)s
JENNIFE L WELL
Plaintiff/ loner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, * NO. 05-2744 CIVIL TERM
Plaintiff
*
VS. * CIVIL ACTION - LAW
* IN DIVORCE
*
BRIAN CALDWELL,
Defendant
CERTIFICATE OF SERVICE
I, Thomas M. Clark, Esquire hereby certify that I am this day serving a copy of the
foregoing document upon the person(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of
same in the United States mail, first-class, postage prepaid, as follows:
Brian Caldwell
52 Tory Circle
Enola, PA 17025
Date: By:
Thomas M. Clark, Esquire
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
* NO. 05-2744 CIVIL TERM
*
*
* CIVIL ACTION - LAW
* IN DIVORCE
*
*
*
CERTIFICATE OF SERVICE
I, Thomas M. Clark, Esquire hereby certify that on June 16, 2005 and June 20,
2005, I served a copy of Plaintiff's Petition for Exclusive Possession of the Marital
Residence and a copy of Judge Bayley's Order Dated June 6, 2005 upon the person(s)
and in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, by UPS Next Day Air, Overnight Service,
prepaid, as follows:
Brian Caldwell
52 Tory Circle
Enola, PA 17025
Date: G z.+ a l? By:
Tfiomas M. Clark, Esquire
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JENNIFER CALDWELL, IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BRIAN CALDWELL,
Defendant/Respondent NO. 05-2744 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of June, 2005, pending any
further order of court, Brian Caldwell is excluded from being at
or in the residence at 52 Tory Circle, Enola, Pennsylvania.
Defendant shall vacate the marital residence p7u00t to this
order not later than 5:00 p.m., Monda , June 5.
e Cou:gf,
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Thomas M. Clark, Esquire
For Petitioner
Brian Caldwell
52 Tory Circle
Enola, PA 17025
Sheriff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, * NO. 05-2744 CIVIL TERM
Plaintiff
*
VS. CIVIL ACTION - LAW
* IN DIVORCE
*
BRIAN CALDWELL,
Defendant
RETURN OF SERVICE
On the 02a49 day of June, 2005, I, David Rudy, Process Server, served BRIAN
CALDWELL, with the Order of Court dated June 23, 2005 signed by The Honorable
Edgar B. Bayley by RAgpw& 'b1aaan.Y 7m afr e?
(manner of service) at Sol ToRy e4au.E &MOA.A A 176.2x- ,
at /. 40 t.m. (time of service).
I verify that the statements in this return of service are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
§4904 relating to unsworn falsification to authorities.
Date: (o o13-bS
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
NO. 05-2744 Civil Term
Plaintiff
VS. * CIVIL ACTION - LAW IN DIVORCE
BRIAN CALDWELL,
Defendant
MOTION FOR APPOINTMENT OF MASTER
Jennifer Caldwell, Plaintiff, moves the court to appoint a Master with respect to the following claims:
(X) Divorce
( ) Annulment (X) Distribution of Property
( ) Alimony ( ) Support
( ) Alimony Pendente Lite ( ) Counsel Fees
( ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested.
(2) The Defendant has appeared but has not been represented by counsel.
(3) The statutory ground(s) for divorce (are) 23 Pa. C.S A
(4) Delete the inapplicable paragraph(s): §§ 3c and (d).
(a)
(b) An agreement has been reached with respect to the following claims: None.
(c) The action is contested with respect to the following claim: Divorce and Distribution of Pro e
(5) The action does involve complex issues of law or fact.
(6) The hearing is expected to take one (1) day.
(7) Additional information, if any relevant to the motion: N/A.
Date: o G \ v
Thomas M. Clark, Esquire
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
Attorney for Plaintiff
ORDER APPOINTING MASTER
AND NOW, this day of , 2006, _
Esquire is appointed master with respect to the following claims:
By the Court:
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
V3.
BRIAN CALDWELL,
Defendant
* NO. 05-2744 Civil Term
*
*
* CIVILACTION - LAW IN DIVORCE
*
*
*
PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE
AND NOW, comes the Plaintiff, Jennifer Caldwell, by and through her attorney, Thomas
M. Clark, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C., and files this Petition for Related
Claims Under Divorce Code, respectfully averring as follows:
REQUEST FOR DIVORCE
UNDER 43502(a)(6) OF THE DIVORCE CODE
1. A Divorce Complaint was filed on June 1, 2005 under Section 3301(c) or
3301(d) of the Divorce Code
2. In addition to the grounds for divorce set forth in Plaintiff's original Complaint,
Plaintiff alleges the following cause of action under the Divorce Code:
(a) §3301(a)(6) - Defendant has offered such indignities to Plaintiff, the
innocent and injured spouse, as to render Defendant's condition intolerable and
life burdensome.
WHEREFORE, Plaintiff respectfully requests This Court enter a Decree in Divorce
under Section 3301(a)(6) of the Divorce Code.
Respectfully submitted,
W LENOX, COLGAN & MARZZACCO, P.C.
Dated: G r i a G r --1
Thomas M. Clark, Esquire
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. # 85211
VERIFICATION
I, Jennifer Caldwell, hereby certify that the facts set forth in the foregoing
Complaint in Divorce are true and correct to the best of my knowledge, information and
belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A.
§4904, relating to unsworn falsification to authorities.
Dated: ((?
JENNIFER DWELL
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
* NO. 05-2744 Civil Term
* CIVILACTION - LAW IN DIVORCE
INCOME AND EXPENSE STATEMENT OF
JENNIFER CALDWELr-
Plaintiff, Jennifer Caldwell, files the following Income and Expense Statement.
I verify that the statement made in this Income and Expense Statement are true and correct, I
understand that false statements made herein are made subject to penalties of 18 PA.C.S. Section
4904 relating to unworn falsification to law enforcement authorities.
SIGNATU M .CIQ
DATE:
r IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL v. BRIAN CALDWELL
DOCKET NO. 05-2744 Civil Term
INCOME AND EXPENSE STATEMENT OF JENNIFER CALDWELL
ADDRESS: 52 Tory Circle
Enola, PA 17025 ATTORNEY: Thomas M. Clark, Esquire
130 W. Church Street, Suite 100
Dillsburg PA 17019
PHONE: 717-728-1718 (717) 432-9666
SECTION I : INCOME AND INSURANCE INFORMATION
INSTRUCTIONS: THIS SECTION MOST BE FULLY COMPLETED. IF YOU ARE NOT PRESENTLY EMPLOYED, THE EMPLOYER
INFORMATION SHOULD REFLECT EARNINGS INFORMATION FROM YOUR LAST JOB.
INCOME:
CURRENT OR LAST EMPLOYER: Draver Physical Therapy Institute
PAYROLL ADDRESS: 8205 Presidents Drive. 2nd Floor. Hummelstov , PA
POSITION HELD: AP & Payroll Rep. RATE OF PAY(FREQUENCY: $1.200.00 Bi Weekly
HOW PAID: (CIRCLE ONE) WEEKLY J BIWEEKLY / MONTHLY / SEMI-MONTHLY / OTHER
IF LAST JOB: DATE LEFT JOB REASON FOR LEAVING
GROSS PAY PER PERIOD: $ 1.200.00
ITEMIZED PAYROLL DEDUCTIONS: $
FEDERAL WITHHOLDING $ 84.10
SOCIAL SECURITY (& MEDICARE) $ 68.42 & $16.00 (Medicare)
LOCAL WAGE TAX $ 17.66
STATE INCOME TAX $ 33.88 $1.08 SUI
MANDATORY RETIREMENT $ (REQUIRED MINIMUM % )
HEALTH INSURANCE S 8.14
OTHER (SPECIFY)
Dental $ 8.34 LTD $1.86
401(K) $ 48.00 (4%) STD $2.48
Life Insurance $ 1.56
Dep. Life Insurance $ 3.27
NET PAY PER PAY PERIOD $ 825.21
OTHER INCOME: WEEK MONTH YEAR PROPERTY OWNED: OWNERSHIP
(FILL IN APPROPRIATE COLUMN) DESCRIPTION VALUE H W J
INTEREST 5.00 CHECKING ACCTS $ 575.00 _ X _
DIVIDENDS SAVINGS ACCTS. $ 600.00 X _
PENSION CREDIT UNION $
ANNUITY STOCK/BONDS $
SOCIAL SECURITY REAL ESTATE $ 120.000.00 _ X
RENTS BUSINESS $
UNEMPLOYMENT COMP. $
WORKMENS COMP. $
-
IRA
TIP TOTAL $ 126.575.00
ALIMONY (RECODJ
TOTAL $ 5.00
INSURANCE (COVERING DEPENDENTS IN THIS CASE): COVERAGE
COMPANY AND CLAIMS ADDRESS CROUP # POL ICY# H W C
HOSPITAL
BLUECROSS Capital Blue Cross 005061480000 YWP800481922 X X X
OTHER
MEDICAL
BLUE SHIELD
OTHER
HEALTH/ACCIDENT
DISABLITY
DENTAL United Concordia 835627000 208608357 X X X
OTHER
*H=HUSBAND, W=WIFE, J=JOINT, C=CHILD
SECTION II: SUPPLEMENT INCOME STATEMENT
INSTRUCTIONS: IF YOU ARE SELF-EMPLOYED OR IF YOU ARE SALARIED BY A BUSINESS OF WHICH YOU ARE OWNER IN
WHOLE OR IN PART, YOU MUST ALSO FILL OUT THIS SECTION.
THIS FORM IS TO BE FILLED OUT BY A PERSON (CHECK ONE)
(1) WHO OPERATES A BUSINESS OR PRACTICES A PROFESSION, OR
(2) WHO IS A MEMBER OF A PARTNERSHIP OR JOINT VENTURE, OR
(3) WHO IS A SHAREHOLDER IN AND IS SALARIED BY A CLOSED CORPORATION OR SIMILAR ENTITY
B. ATTACH TO THIS STATEMENT A COPY OF THE FOLLOWING DOCUMENTS RELATING TO THE PARTNERSHIP, JOINT
VENTURE, BUSINESS, PROFESSION, CORPORATION OR SIMILAR ENTITY
(l) THE MOST RECENT FEDERAL INCOME TAX RETURN AND
(2) THE MOST RECENT PROFIT AND LOSS STATEMENT.
1. NAME OF BUSINESS
ADDRESS
TELEPHONE NUMBER(S)
2. NATURE OF BUSINESS (CHECK ONE)
(1) PARTNERSHIP
(2) JOINT VENTURE
(3) PROFESSION
(4) CLOSED CORPORATION
(5) OTHER
3. NAME OF ACCOUNTANT, CONTROLLER OR OTHER PERSON IN CHARGE OF FINANCIAL RECORDS:
4. ANNUAL INCOME FROM BUSINESS:
(1) HOW OFTEN IS INCOME RECEIVED?
(2) GROSS INCOME PER PAY PERIOD:
(3) NET INCOME PER PERIOD?
(4) SPECIFIED DEDUCTIONS, IF ANY:
SECTION III: EXPENSES
INSTRUCTIONS:
1. ONLY SHOW EXTRAORDINARY EXPENSES IN THIS SECTION, UNLESS 2. APPLIES TO YOU.
2. IF YOU ARE REQUESTING SPOUSAL SUPPORT/APL OR IF YOU ASSERT YOUR CASE CANNOT BE DETERMINED
ACCORDING TO THE GUIDELINE GRIDS OR FORMULA, THIS SECTION MUST BE FULLY COMPLETED.
NUMBER OF PERSONS IN HOUSEHOLD 2 AND AGES OF SAME 33 and 6
MONTHLY EXPENSES
SELF CHILDREN
HOME
MORTGAGE/RENT 832.00
MAINTENANCE 20.00
UTILITIES
-
ELECTRIC ?36bb
GAS 59.00
OIL
TELEPHONE/DSL _77w
WATER/SEWER 79.00
EMP OYMENT
PUBLI TRANSIT(PARKING)
LUNCH
TAXES
REAL ESTATES Escrowed
PERSONAL PROPERTY
INCOME
INSURANCE
H ME WNERS Escrowed
AUTOMOBILE 70.00
LIFE 10.00
ACCIDENT
HEALTH
OTHER 8.34
AUTOMOBILE
PAYMENTS 320.00
FUEL 145.00
REPAIRS/ MAINTENANCE 20.00
MEDICAL
DOCTOR 5.00
DENTIST
ORTHODONTIST
HOSPITAL
MEDICINE
THERAPY
SPECIAL, NEEDS
(GLASSES, BRACES,
ORTHOPEDIC DEVICES, ETC.) _____
5.00
EDUCATION
PRIVATE SCHOOL
PAROCHIAL SCHOOL.
COLLEGE
RELIGIOUS
PERSONAL
CLOTHING
FOOD
BARBER/HAIRDRESSER
CREDIT PAYMENTS
CREDIT CARDS
CHARGE ACCOUNT
MEMBERSHIPS
LOANS
CREDIT UNION
MISCELLANEOUS
HOUSEHOLD HELP
CHILD CARE
PAPERS/BOOKS/MAGS
ENTERTAINMENT
PAY TV
VACATION
GIFTS
LEGAL FEES
CHARITABLE CONTRIB.
OTHER CHILD SUPPORT
ALIMONY PAYMENTS
OTHER:
Vet (Pets)
MONTHLY EXPENSES
SELF CHILDREN
20.00 20.00
275.00
70.00 ?TSbb
250.00
75.00
`20.M --TM
62.00
--TM
-mod
ion
$2.605.48 140.00
TOTAL MONTHLY EXPENSES
ca
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, * NO. 05-2744 Civil Term
Plaintiff
VS. * CIVILACTION - LAW IN DIVORCE
BRIAN CALDWELL,
Defendant
INVENTORY AND APPRAISMENT OF
N DWELL
Plaintiff, Jennifer Caldwell, files the following Inventory and Appraisement of all
property owned by either party at the time this action was commenced and all property
transferred within the preceding three (3) years.
I verify that the statement made in this Inventory and Appraisement are true and
correct, I understand that false statements made herein are made subject to penalties of 18
PA.C.S. Section 4904 relating to unsworn falsification to law enforcement authorities.
SIGNATURE:- IUMW DATE: aL
ASSETS OF THE PARTIES
Plaintiff marks on the list below, those items applicable to the case at bar and itemizes the
assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached.
(X) 1. Real property
(X) 2. Motor vehicles
( ) 3. Stock, bonds, securities and options
( ) 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of Safe Deposit boxes
( ) 8. Trusts
(X) 9. Life insurance policies (indicate face value, cash surrender
value, and current certification)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, 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 the company)
(X) 16. Employment termination benefits; severance pay, Workman's
Compensation (claim/award)
( ) 17. Profit Sharing plans
( ) 18. Pension plans (indicate employee contribution and date plan
vests)
(X) 19. Retirement Plans, Individual Retirement Accounts
( ) 20. Disability Payments
( ) 21. Litigation claims (matured and unmatured)
( ) 21 MilitaryN.A. benefits
( ) 23. Education benefits
(X) 24. Debts due others, including loans, mortgages held
( ) 25. Household Furnishings and Personalty (Include as a Total
Category and attach an itemized list if distribution of such
assets is in dispute)
( ) 26. Other
MARITAL PROPERTY
Plaintiff 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 NUMBER I. 2. 5.
DESCRIPTION OF Marital Residence: Toyota 4-Runner Members I'
PROPERTY 52 Tory Circle (Checking Account)
NAMES OF ALL Joint Joint Wife
OWNERS
i
I
MARITAL PROPERTY
Plaintiff 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 NUMBER 6. 9. 16.
DESCRIPTION OF Members I' Payroll Deduction Received Severance
PROPERTY (Savings Account) through Employer from Previous
Employer
I
I
NAMES OF ALL Wife Wife Wife
OWNERS
i
i
I
MARITAL PROPERTY
Plaintiff 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 NUMBER 19.
DESCRIPTION OF 401(k) through 401(k) through
PROPERTY Employer Employer
(Cashed in by
Husband following
his termination)
NAMES OF ALL Wife Husband
OWNERS
NON-MARITAL PROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be
excluded from marital property:
ITEM NUMBER
DESCRIPTION OF
PROPERTY
NAME OF ALL
OWNERS
BASIS FOR
EXCLUSION
FROM MARITAL
PROPERTY
PROPERTY TRANSFERRED
Plaintiff lists all property in which either or both spouses has a legal or equitable interest, individually
or with any other person, and which has been transferred within the preceding three (3) years:
ITEM NUMBER
DESCRIPTION OF
PROPERTY
DATE OF
TRANSFER
CONSIDERATION
TRANSFEREE
LIABILITIES OF THE PARTIES
Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date this action
was commenced:
ITEM NUMBER 24. 24. 24.
DESCRIPTION OF Credit Card Mortgage on Marital Credit Card
LIABILITY Residence:
52 Tory Circle
NAMES OF ALL Discover Card Chase Mortgage Members I st
CREDITORS
NAMES OF ALL Husband Joint Wife
DEBTORS
LIABILITIES OF THE PARTIES
Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date this action
was commenced:
ITEM NUMBER 24.
DESCRIPTION OF AAA Financial
LIABILITY
NAMES OF ALL Wife
CREDITORS
NAMES OF ALL
DEBTORS
I
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RECEIVED JUN
Y
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
* NO. 05-2744 Civil Term
* CIVIL ACTION - LAW IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Jennifer Caldwell, Plaintiff, moves the court to appoint a Master with respect to the following claims:
(X) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
and in support of the motion states:
(X) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
(1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested.
(2) The Defendant has appeared but has not been represented by counsel.
(3) The statutory ground(s) for divorce (are) 23 Pa. C.S A. 4& 3301(c) and (d).
(4) Delete the inapplicable paragraph(s):
(a) The ae4ieft is %et .
(b) An agreement has been reached with respect to the following claims: None.
(c) The action is contested with respect to the following claim: Divorce and Distribution of Property.
(5) The action does involve complex issues of law or fact.
(6) The hearing is expected to take one (1) day.
(7) Additional information, if any relevant to the motion: N/A.
Date: o 1 ?-
Thomas M. Clark, Esquire
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
Attorney for Plaintiff
ORDER APPOINTING MASTER
AND NOW, this dgLk day of 2006,
Esquire is appointed master with respect to a following claims:
O
the
c-
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J5W 7-7
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J
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, * NO. 05-2744 Civil Term
Plaintiff
VS. X CIVIL ACTION - LAW IN DIVORCE
BRIAN CALDWELL,
Defendant
MOTION FOR APPOINTMENT OF MASTER
Jennifer Caldwell, Plaintiff, moves the court to appoint a Master with respect to the following claims:
(X) Divorce (X) Distribution of Property
( ) Annulment ( ) Support
( ) Alimony ( ) Counsel Fees
( ) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
(l) Discovery is complete as to the claims(s) for which the appointment of a Master is requested.
(2) The Defendant has appeared but has not been represented by counsel.
(3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A. §? 330l(c andSd).
(4) _ Delete the inapplicable paragraph(s):
(a) The aetien is not eenteste a
(b) An agreement has been reached with respect to the following claims: None.
(c) The action is contested with respect to the following claim: Divorce and Distribution of Property.
(5) The action does involve complex issues of law or fact.
(6) The hearing is expected to take one (1) day.
CURTIS R. LONG
Prothonotary
Cumberland County
One Courthouse Square
Carlisle, PA 17013
os- a??ry C???L
i ? A[ 06V6
Mr. Brian Caldwell
52 Tory Circle
Enola, PA 17ng-
`0.3
do
171 NO 1 AO5 C 25 07;
RETURN TO SENDER
CALDWELL' BRIAN F
MOVED LEFT NO ADDRESS
UNABLE TO FORWARD
RETURN TO :SENDER
DC: 17013332399 '0219-03991-
1 111 171 lilt 11 11 . .. .
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
* NO. 05-2744 Civil Term
*
*
CIVIL ACTION - LAW IN DIVORCE
*
*
PLAINTIFF'S PRE-TRIAL STATEMENT
AND NOW this 30th day of October 2006 comes the Plaintiff, Jennifer Caldwell,
by and through her attorney, Thomas M. Clark, Esquire, and submits the following Pre-
Trial Statement pursuant to Pa.R.C.P. 1920.33 of which the following is a statement.
1. List of Assets:
(a) Martial Assets:
(i) The marital residence which is located at 52 Tory Circle,
Enola, Pennsylvania 17025.
(ii) The parties Toyota 4-Runner.
(iii) Wife's Members 1st Checking and Savings Account.
(iv) Wife's 401(k) through Drayer Physical Therapy.
(v) Husband's 401(k) through his former employer (Cashed in by
Husband following his termination).
(b) Marital Debt:
(i) Mortgage held by Chase Mortgage on Marital Residence which
is located at 52 Tory Circle, Enola, Pennsylvania 17025.
(ii) Husband's Discover credit card.
(iii) Wife's Members 1st credit card.
(iv) Wife's AAA Financial credit card.
(c) Non-Marital Assets: None that require involvement by the Court.
2. Expert witnesses: It is not clear at this time what experts, if any, will
testify at the time of trial. If expert testimony is required, appropriate notice will
be provided to opposing counsel and the Master in advance of trial and copies of
expert reports will be provided.
3. Fact witnesses other than the parties: None at this time. To the extent
additional fact witnesses are required, appropriate notice will be provided to the
Master and opposing counsel in advance of trial.
4. Exhibits:
(a) Income and Expense Statement of Jennifer Caldwell. (previously filed
on June 26, 2006 and therefore not attached hereto);
(b) Personal Federal Income Tax Returns of the Plaintiff for 2005 with
associated schedules and supporting documents (exceed three pages and
therefore not attached hereto but has been previously provided to opposing
counsel);
(c) Account information for Wife's Drayer Physical Therapy 401(k)
(exceeds three pages and therefore not attached hereto but has been
previously provided to opposing counsel);
(d) Account information for Wife's Members lst Checking and Savings
Account (exceed three pages and therefore not attached hereto but has
been previously provided to opposing counsel);
(e) Husband's 401(k) through his former employer - Cashed in by
Husband following his termination. (exceed three pages and therefore not
attached hereto but has been previously provided to opposing counsel);
(f) Account information for Husband's Discover credit card (attached as
Exhibit A);
(g) Account information for Wife's Members 1" credit card (attached as
Exhibit A); and
(h) Account information for Wife's AAA Financial credit card (attached
as Exhibit A).
5. Statement of Gross Income: Pay statement was attached to the Income
and Expense Statement as identified in 4(a) above.
6. Expense Statement: The Defendant's statement of expenses was
previously filed on June 26, 2006 as identified in 4(a) above.
7. Stipulations: The parties have not yet stipulated to anything, as Husband
is unrepresented and has been living at an unknown addresses since the date of
separation.
8. Attorney's Fees: Plaintiff has not raised a claim for Counsel Fees.
9. Tangible personal property: Wife has retained the majority of the
personal property from the marital residence. There was no appraisal performed
with regard to these items.
10. Marital Debts:
(a) Mortgage held by Chase Mortgage on Marital Residence which is
located at 52 Tory Circle, Enola, Pennsylvania 17025.
(b) Husband's Discover credit card.
(c) Wife's Members 1" credit card.
(d) Wife's AAA Financial credit card.
11. Proposed resolution of the economic issues: The Plaintiff proposes that
the Master should award Wife the majority of the marital assets available for
distribution. The basis for this proposal is as follows:
Husband and Wife were married on January 23, 2002. At the time of
marriage, the parties resided together at the marital residence located at 52
Tory Circle, Enola, Cumberland County, Pennsylvania. The marital
residence was purchased by the parties in April 2001. The parties have
one child, Derian Caldwell, born March 8, 2000.
In April 2005, Wife removed herself and her child from the residence as
Husband's alcohol abuse made it impossible for Wife and child to
continue to reside in the same home as Husband. On May 25, 2005, Wife
filed a Complaint in Divorce at the above-captioned docket. On or about
June 23, 2005, Wife was granted exclusive possession of the marital
residence as husband had been out of control, and on several occasions
placed his hands on Wife. To this date, Husband has taken no steps to get
help or to better himself and has been living at addresses unknown to his
family and Wife.
During Spring 2005, Husband was forced to leave his job after testing
positive for alcohol. Since Spring 2005, Wife has been paying the
mortgage as well as all the bills for the residence situate at 52 Tory Circle,
Enola, Pennsylvania 17025.
During the parties' marriage, Wife devoted the majority of her time to raising the
parties' child; taking care of the household duties; and taking care of the parties'
finances.
?_y5
Thomas M. Clark, Esquire
I.D. #85211
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
130 West Church Street, Suite 100
Dillsburg, PA 17019
(717) 432-9666
Attorney for Defendant
Exhibit A
MAP/ 1•`1/2005/TJE ', 0:24 AM DAAY'EA PT
Equifax PACT Act
r
a
DII-LSBURG, PA 17019
Date Reported: 12/2001
Former Address 2
4959 EASTMAN DR
HARRISBURG. PA 17109
_.. ...-Date Reported=08/1999--- -
" ' ' '- ""t7tlier'Identlflcatlon '•" ' " '_ " You have no other identification on file.
Employment History
Last Reported Employment:
VENATOR GROUP
Alert(s)
F=ile Blocked For Promotional Purposes
Consumer Statement
You have no Consumer Statement on file.
FAY No, 717 220 2122
® Back to Top
UU3
Page 2 of 24
Credit Summary
The following information is a summary of the Account Information in thisreport. To view your accounts in full detail, see
the Account Information section. If you believe that any of this information Is Incorrect, please see the Dispute File
Information section .at_the end. of this report. This information is a snapshot in time and reflects account statuses and
balances as of the date shown above.
Type of Account Number of Accounts Total Balance of Accounts
Mortaaoe ® 1 $89,324
Installment ® 2 $8.499
v Iv n 1e $7,160
Other 2 $0
Total Accounts 21, $104,983
Number of Oven Accounts 8
Number of Closed Accounts 13
Total Accounts in Good Standing ® 18
Accounts Cy,rre[} yi Past Due is 0
Negative Account History ® 1
Inauiries in Last 12 Months ® 1
0 Back to Ton
Account Information
Account Name Account
Type Account Number Date
Opened
Balance Date
Reported Past
Due Account
Status Credit
Limit
BOSCOV'S Revolving 110201X)= 12/1996 $0 1212001 $0 APAYS AS GREED
$0
DEPARTMENT
https:llfact:ecodsuiher.equifdx..cbjmlfact/pzoductVidW.ehtsnl?prod cd=CRD&oi tuna=FA... 2/24/2006
MAR/14/2006/TUE 10:24 AM DRAYEA PT FAY No, 717 220 2122 Y. TJ4
Page 3 of 24
Equifax FACT Act
e
1
lvin
R 430572148574XXXX 07/1998 $0 1212005 $0 PAYS
AGREED ED $0'
CAPITAL ONE g
evo
CBUSASEARS
Revolving
5D4994014139XX(X
07!2004
$0
02/2006
$0 PAYS AS
AGREED
$1,700
CBUSASEARS
Revolving
115000469XXXX
1111999
$0
0412002
$0 PAYS AS
AGREED
$0
CHASE-iv1AtVHATfAN
MORT--.--- aVior#gage 447902JWUG--- 0412009 $89,324 .OaJ200fi $0.= PA*fS?S
== ? - --
DISCOVER
Revolving
601100296077XXXX
05/2000
$D
D1/2006
S0 CHARGE-
OFF
,000
$11
FINANCIAL S
LOST OR
DISCOVER n/a 601100296066)0= 05/2000 $0 11/2004 $0 STOLEN $0
FINANCIALS CARD
EXPRESS Revolving 33651XXXX 05/1994 $0 11/2001 $D PAYS AS
AGREED $0
GATEWAY/CITIBANK Revolving 601176710301XXXX 0912000 $0 0712004 $0 PAYS AS
AGREED $5,100
US
HSBC BANK M/ FKA Revolving 543700040763XXXX 02/1993 $0 0412000 $0
ED
AGRE
$0
HHL
HSBC RETAIL
Revolving
68601-110014)0=
0812001
$0
05/2002
$0 PAYS AS
AGREED
$0
SERVICES
KAY JEWELERS Revolving 277-306727)0= 03/2003 $D 0112006 $0
1 PAYS AS
AGREED $0
MBNA AMERICA
Revolving
431303387934)0=
10/2005
$6,712
02/2006
$0 PAYS AS
AGREED
$7,500
MBNA AMERICA Revolving 549099407134XXXX 0311996 $0 1042005 $0 PAYS AS
AGREED $15.000
MEMBERS 1ST FCU Installment 177720)0= 04/2003 $8.499 01/2006 $0 PAYS AS
AGREED $0
MEMBERS 1ST FCU Installment 177720>0= 08/2001 $0 0112006 $0 PARSED
AGREED $0
MEMBERS 1ST Revolving 412144999116X)= 04/1991 $448 0112006 $0 PAYS AS.
AGREED $1.500
FEDERAL
ITHE BON TON Revolving 6845XXXX 07/1994 $0 0812005 $0 PAYS AS
AGREED $0
UGl CdRP Open 22047987X)000 0412001 $0 02/2006 $0 PAYS AS
AGREEb $0
VERIZON Open 717728171XXXX 06/1997 $0 01/2006 $0 PAYS AGREED AS
$0
PENNSYLVANIA
WFN VICTORIA'S
Revolving
89430000C
11/2001
$0
0612002
$0 PAYS AS
AGREED
$0
SECRE
13 Back to Top
Mortgage Accounts
https!//fact.ecbrisunier-egiiifax.c vo /fact/productView.ehtml?prod_cd=CRD&oi num FA:.. 2124/2006
MAK/144/2UUb/'1'H IU:24 AM DAAYEE PT FAX No, 717 220 2122
Equifax FACT Act
f Date Major Delinquency First (Months Reviewed: 55
Repotted: 1111
Creditor Classification: Activity Description: n/a
Charge Off Amount $0 Deferred Payment Start Date:
Balloon Payment Amounts 1$0 Balloon Payment Date:
P. 005
Page 4 of 24
...:.. . .
Estate-
Mortgage
Mortgage
-
l Comments:
81-Month Payment History
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2005 a . r . w x ? + * x
2004 ? . x
2003
2002
'?
'
a
r
x
x
s
r
x
1
2001 • x ? a ? x
0 Back t0_IQQ
Installment Accounts
https:T/fact.econsiibotez.ecidi£ax.coirilfactlprbductView.ehtual?pzod cd?=CRD&oi num-FA..._ 2/24/2006
MAR/1.4/2006/TUE 10:25 AM DEAYEE PT
Equifax FACT Act
Revolving Accounts
FAX No,717 22C 2122
0 Back t
P. 006
Page 5 of 24
https://£acteconsumet.egtiifax.com/factlproductViiew.ehtml?prod,._cd-CRD&oi_nam=FA,.. 2/24/2006
MAR/14/2006/TUE 10:25 AM DAAYEA PT FAQ; No. 717 220 2122 F. 007
Equifax FACT Act Page 6 of 24
Date Closed:
Comments:
81-Month Payment History
CAPITAL ONE
PO Box 85520
Intemal Zip 12030-163
Richmond, VA 232855520
Type of loan:
ccount closed by consumer . . .
Account Number: 430572148574X)= Current Status: (PAYS AS
(AGRr--ED
Account Owner: individual Account. High Credit: $7,611
Type of Account Revolving Credit Limit: $0
Term Duration: Terms Frequency: Monthly (due
every month)
Date Opened: 0711998 Balance: $0
Date Reported. 12/2005 Amount Past Due:
1 $0
Date of Last Payment 1112005 Actual Payment Amount: $0
Scheduled Payment Amount $0 Date of Last Activity 1112005
Date Major Delinquency First
Reported:
Months Reviewed:
139
Creditor Classification: Activity Description: Paid and
Closed
Charge Off Amount $0 Deferred Payment Start Date:
Balloon Payment Amount: $0 Balloon Payment Date:
Date Closed: 1212005 Type of Loan: Credit card
Comments: Account closed at consumers request
81-Month Payment History
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2005 r r r » 30 80 » » + »
2004 » » r r k
2003 * • r • r r » » »
2002 • r r ? r » » » » r
2001
»
»
»
»
»
»
•
»
r
r
r
•
2000 r r r r » » »
1999 r r r r » » »
C13USASEARS
Citi Cards
8725 W Sahara Ave
The Lakes, NV 891630001
Account Number. I504994014139XXXX Current Status: PAYS AS
AGREED
Account Owner. Individual Account. High Credit. $0
Type of Account Revolving Credit Limit $1,700
Term Duration: YP Pra- nntr
https_//facteccoasitmer.equifax.coz>.i/&icUproductView'.ehtjml?prod_ci3.=C"&oi -nuna= FA... -2/24/2006-
MAE/ 1V2UH/'HE 1 U ; 2U AM DKAYEE PT FAX No, 717 220 2122
Ecinifax FACT Act
°. 008
Page 7 of 24
Date Opened: 07/2004 Balance: $0
Date Reported: 02/2008 Amount Past Due:.. $0
Date of Last Payment 04/2005 Actual Payment Amount. $0
Scheduled Payment Amount: $0
-- -_- _ Date Major Delinquency First -----._.--•---
___. - epor#ed,_ -
- - ........ ....... _ .:._..:.: :.....
redito'r?fassli3catl'on:
Charge Off Amount: $0
Balloon Payment Amount $0
Date Closed:
Comments:
81-Month Payment History
Date of Last Actives 02/2006
Months-Reviewed:-- - - - - 18-•--- ..--•--
J?I• l?escn tron• ..... nos
Deferred Payment Start Date:
Balloon Payment Date:
Type of Loan: Charge
Account
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Deo
2006
2005
2004
CBUSASEARS
Citi Cards
8725 W Sahara Ave
The Lakes, NV 891630001
Account Number. 115000469)0= Current status: PAYS AS
AGREED
Account Owner. Individual Account. High Credit: $4,032
Type of Account ® Revolving Credit Limit: $0
'term Duratlon: Terms Frequency.
Date Opened: 11/1999 Balance: $0
Date Reported: 04/2002 Amount Past Due: $0
Date of Last Payment Actual Payment Amount: $0
Scheduled Payment Amount: $0 Date of Last Activity: • 04/2002
Date Major Delinquency First
Reported: Months Reviewed: 28
Creditor Classification: Activity Description: n/a
Charge Off Amount $0 Deferred Payment Start Date:
Balloon Payment Amount I $0 Balloon Payment Date:
Date Closed: Type of Loan,
Comments: Account dosed by consumer,
Charge
81-Month Payment History
No 81-Month Payment Data available for display.
DISCOVER CARD
12 Reads Way
New Castle, DE 197201649
(800) 347-2683
Account Number. 1601100206077XXXX Current Status. CHARGE-OFF
http8:l'lfackecoifsiumei'.equifax:cflAa/fact/pkudur-tView.ehbid?procl' ed=CRD&oi^num=FA... 2/24/2006
IVIAX/?'4/ZHU1Uh 1U:'2b AM llKAYER Y'1' FAX No, 717 220 2122 P, 009
Equifax FACT Act Page 8 of 24
Account Owner. Terminated High Credit: $11,515
Type of Accounts Revolving Credit Limlt: $11,000
Term Duration-, Terms Frequency: Monthly (due
every month)
Date Opened: 05/2000 Balance: $0
-- - -- Date-Reported, ---- 112006 Ainount-Past flue: $0 - --------- -- -
Date of Last Payment 03/2005 Actual PaymentAmount $0
Scheduled Payment Amount $256 Date of Last Activity: n/s
Date Major Delinquency First 11/2005 Months Reviewed: 39
Reported.
Creditor Classification: Activity Description: n/a
Charge Off Amount: $0 Deferred Payment Start Date:
Balloon Payment Amount $0 Balloon Payment Date:
Date Closed: Type of.Loan: Credit.Card
Comments: Charged off account
81-Month Payment History
Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2005 30 30 60 90 120 150 180 CO CO CO
2004 * • w x x x x x s
2003 '
2002
6 Y 4 i • • • • • Q ? x x
2001 r r
2000 x f
DISCOVLR CARD
12 Reads Way
New Castle, DE 197201649
(800) 347-2683
Account Number:
601100296066)0000
Current Status. LOST OR
STOLEN
CARD
Account Owner: High Credit $0
Type of Account n/a Credit Limit $0
Term Duratlon: Terms Frequency:
Date Opened: 05/2000 Balance: 4$0
Date Reported: 11/2004 Amount Past Due: $0
Date of Last Payment Actual Payment Amount $0
Scheduled Payment Amount: $0 Date of Last Activity: 09/2004
Date Major Delinquency First
Reported: Months Reviewed: n/a
Creditor Classification: Activity Description: Lost/Stolen
Charge Off Amount: $0 Deferred Payment Start Date:
Balloon Payment Amount $0 Balloon Payment Date:
Date Closed: Type of Loan: Credlt Card
Comments:
81-Month Payment History
INo 81-Month Payment Data available for display.
EXPRESS
-}ibis://fact.&cb suixie .t5 uifibc.doiocilSWproductView.&bxa prod,.Sd.==CRD&oi ni=-FA... 2/24/2006
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
*
VS.
*
BRIAN CALDWELL,
Defendant
NO. 05-2744 Civil Term
CIVIL ACTION - LAW IN DIVORCE
CERTIFICATE OF SERVICE
I, Thomas M. Clark, Esquire, hereby certify that on this date, I served a copy of
Defendant's Pre-Trial Statement upon the person(s) and in the manner indicated below,
which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure as
follows:
Regular U.S. Mail and Facsimile
E. Robert Elicker, II
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Date: . o
Thomas M. Clark, Esquire
I.D. #85211
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
130 West Church Street, Suite 100
Dillsburg, PA 17019
(717) 432-9666
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Commonwealth of Pennsylvania
Case Number: 05-2744 Court Date: 4/17/2007
Plaintiff:
JENNIFER CALDWELL
vs.
Defendant:
BRIAN CALDWELL
For: Allen Bryant
ALLEN BRYANT AND ASSOCIATES
County of CUMBERLAND
Common Pleas Court
Received by ALLEN BRYANT AND ASSOCIATES on the 21 st day of November, 2006 at 4:34 pm to be served on
BRIAN CALDWELL 205 21ST STREET, BRADEN_T,ON,FL 34208. 1, 4r can do hereby
affirm that on the day of 2006 atAA.m., execu ed service by deliver
i a true copy of the
NOTICE OF HEARIN , ORDER, OTN ICE SETTING HEARING, PETITION FOR RELATED CLAIMS UNDER
DIVORCE CODE in accordance with state statutes in the manner marked below:
() INDIVIDUAL SERVICE. SERVED THE WITHIN-NAMED PERSON.
SU
BY SERVING
AS
() POSTED SERVICE: AFTER ATTEMPTING SERVICE ON ?/ AT AND ON AT
CONSPICUOUS PLACE ON THE PROPERTY DESCRIBED HEREIN.
() OTHER SERVICE: AS DESCRIBED IN THE COMMENTS BELOW BY SERVING
AS
() NON SERVICE: FOR THE REASON DETAILED IN THE COMMENTS BELOW.
MILITARY? YES
COMMENTS:
TO A
I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which
this service was made.
PROC SS SERVER #02 i
Appointed in accordance
with State Statutes
ALLEN BRYANT AND ASSOCIATES
P.O. Box 3828
Orlando, FL 32802
(407) 872-0560
Our Job Serial Number: 2006019620
RETURN OF SERVICE
Copyright 01992-2005 Database Services, Inc. - Process Server's Toolbox V5.5i
11/17/2006 14:34
A . ?M
i;an M.tiley
David J. Lenox
Timothy J. Colgan
Christopher 1. Marzzacco
7174320426
THE WILEY GROUP
THE "LEY GROUP
.Atto..rncys at Law
Wiley, Lenox, Colgan & Marzzacco, P.C.
November 17, 2006
VL4 ,PER50NAL Sl:'RV,ICE
Brian Caldwell
205 21ST Street
Bradenton, FL 31208
Re: Caldwell v. Caldwell
Docket No. 052744 Civil Term
]dear Mr. Caldwell:
PAGE 04/12
David E. Hershey
Bradley A. Winnick
Thomas M. Clerk::
Enclosed please find a copy of Order and Notice Setting Hearing dated November 6, 2006
signed by the Honorable Judge Edgar B. Bayley. The Order states that a Divorce Master's Hearing
is scheduled for April 17, 2007 at 9:00 a.m. Also enclosed is a Petition for Related Claims'that has
been filed in this matter.
Please feel free to contact me if you have any questions.
Very truly yours,
WMY, LENOX, COLGAN &
AMCCO' P.C.
. 2T
by Thomas M. Clark
TMC/a1r
Enclosure
cc: Jennifer Caldwell (w/enclosure)
AALLEN BRYANT & ASSOCIATES, INC.
P.O. BOX 3828
ORLANDO, FLORIDA 32802.3828
1-800.228.3463
CONTROL #
130 W. Church Street, Suite 100 • Dillsburg, PA 17019 + Phone: (717) 4329666 ¦ (800) 682-4250 • Fax: (717) 432-0426
Offices in Harrisburg • York -?,Carbondale
www.wileygrouplaw.com
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JENNIFER CALDWELL, * IN THE COURT OF COMMON PLEAS
Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA
*
Vs. NO. 05-2744 CIVIL TERM
BRIAN CALDWELL, * CIVIL ACTION LAW
Defendant * IN DIVORCE
AFFIDAVIT OF SERVICE
I, Angel Revelant, being duly sworn, deposes and says that she is an adult and that she
served the Order and Notice Setting Hearing and Petition for Related Claims, on the Defendant,
Brian Caldwell, at the Defendant's present address as follows: 205 21" Street, Bradenton, Florida
34208 by certified mail, restricted delivery, return receipt requested on the 27th day of December,
2006. The Certified Mail Receipt and PS Form 3811 is attached hereto, marked Exhibit "A" and
made a part hereof by reference thereto.
Date: January 2, 2007
WILEY, LENOX, COLGAN
& MARZZACCO, P.C.
By:
(&9 d
Angel Rev t, Esquire
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
: SS
On this, the 2nd day of January, 2007, before me, a notary public, personally appeared Angel
Revelant known to me or satisfactorily proven to be the whose name is subscribed to the within
Affidavit and acknowledged that she executed the same for the purposes therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
NOTARY PUBLIC
My Commission Expires:
COMMONW .ALT'rl OF PENNSYLVANIA
Notarial Seal
S. Datum Gladtelter, Notary Public
Dillsburg Boro, York Cowtty
My CW nission Expires may 17, 2009
Member, Pennsylvania Association of Notaries
?? t
¦ Compiete items 1, 2, and 3. Also complete
Item 41f 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 mailpiec:e,
or on the fNbnt ff space permits.
i. Article Addressed to:
a signature
by l
of Dsliwry
D. Is delivery address different fiom it"eln 17 ? Yes
If YES, enter delivery address below: ? No
b??v?ctC?nh? ? F'L s. servi?etype
t / ?3'ceraeed Man ? Express Mail
3't ?? ? Registered ?etum Receipt for Mercharx?
? Insured Mail ?j C.O.D.
4. Restricted Delivery? (Ext?a Fee) Yea
2' ""?° 7DD6 D1DD DDD4 7137 7559
??''? sarviora 1ab?p
PS Form 3811, Febnury 2004 Domraetic Return Rscelpt ?c¢s?-oz-rat-tsw
??ian Catdwe(
Z?? 215 Str?e? ?
EXHIBIT "A"
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
NO. 05-2744 Civil Term
CIVIL ACTION - LAW IN CUSTODY
COMPLAINT FOR CUSTODY
1.
17025.
2.
Florida 34208.
3.
The Plaintiff is Jennifer Caldwell, who currently resides at 52 Tory Circle, Enola, PA
The Defendant is Brian Caldwell, who currently resides at 205 21 s` Street, Bradenton,
Plaintiff seeks sole physical custody of the following child: Derian Caldwell, born on
March 8, 2000.
4. The child was born out of wedlock.
During the past five (5) years, the child has resided with the following persons at the
following addresses:
A. From July 2005 until present, Derian Caldwell has resided at 52 Troy Circle,
Enola, PA with Jennifer Caldwell.
B. From April 2005 until July 2005, Derian Caldwell has resided at 11 Homewood
Street, Dillsburg, Pennsylvania, 17019.
C. From April 2001 until April 2005, Derian Caldwell has resided at 52 Troy Circle,
Enola, PA with Jennifer Caldwell and Brian Caldwell.
D. From March 2000 until April 2001, Derian Caldwell resided at 4911 B Eastman
Drive, Harrisburg, PA with Jennifer Caldwell and Brian Caldwell.
The mother of the child is Jennifer Caldwell, who is currently residing at 52 Tory Circle, Enola,
PA 17025.
She is married.
The Father of the child is Brian Caldwell, who is currently residing at 205 21" Street, Bradenton,
Florida 34208.
He is married.
16. The relationship of Plaintiff to the child is that of Mother.
17. The relationship of Defendant to the child is that of Father.
18. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child pending in a
court of this Commonwealth or any other state.
Plaintiff does not know of a person not a party to the proceedings who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
19. The best interest and permanent welfare of the child will be served by granting Plaintiff
sole physical custody of the minor child.
20. Each parent whose parental rights to the child has not been terminated and the person
who has physical custody of the child have been named as parties to this action.
WHEREFORE, Plaintiff respectfully requests This Honorable Court to grant sole physical
custody of the minor child to the Plaintiff.
Dated: RG'r
Respectfully submitted,
WILEY, LENOX, COLGAN
& M ACCO, P.C.
Thomas M. Clark, Esquire
130 vest Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. # 85211
VERIFICATION
I, Jennifer Caldwell, verify that the statements made in this Complaint are true and correct to the
best of my knowledge, information, and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. CS. '4904, relating to unsworn falsification to authorities.
Date: ?A bYWJ-V
JENNIFE D LL
Plaintiff
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JENNIFER CALDWELL
PLAINTIFF
V.
BRIAN CALDWELL
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-2744 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Monday, February 12, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, March 02, 2007 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and arrow the issues to be heard by the court, and to enter into a temporary
order. All 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 p rmanent 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/
Hubert X.
Custody Conciliator
The Court of Common Pleas o 'Cumberland County is required by law to comply with the Americans
with Disabilites 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 must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS APER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT FFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHE E YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
VINVA iASNN3c
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MAR 0 5 2007
JENNIFER CALDWELL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v CIVIL ACTION - LAW
BRIAN CALDWELL, : NO. 05-2744
Defendant : IN CUSTODY
COURT ORDER
AND NOW, this ??ay of March, 2007, upon consideration of the attached Custody
Conciliation report, it is ordered and directed as follows:
1. The mother, Jennifer Caldwell, shall enjoy legal custody of Derian M. Caldwell,
born on March 8, 2000.
2. The mother shall enjoy primary physical custody of the minor child.
3. The father, Brian Caldwell, shall enjoy periods of temporary visitation with the
minor child at such times and under such circumstances as agreed to by the mother.
4. In the event the father is dissatisfied with the amount of visitation he is provided by
mother, father may petition this Court to have the case again scheduled before the
Custody Conciliator for a Conference.
cc: Ai liomas M. Clark, I
'Tian Caldwell
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JENNIFER CALDWELL,
Plaintiff
v
BRIAN CALDWELL,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-2744
IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following
report:
1. The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Derian M. Caldwell, born March 8, 2000.
2. A Conciliation Conference was held on March 2, 2007, with the following
individuals in attendance:
The mother, Jennifer Caldwell, with her counsel, Thomas M. Clark, Esquire. The
father did not appear. The father was served with Notice of the Hearing. Mother also
relates that father has not seen the child for well over one year.
3. The Conciliator recommends an Order in the form as attached.
3-s 0 -7
DATE
Hubert X. Gilroy, Esquire
Custody Conciliator
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
BRIAN CALDWELL,
Defendant
VS.
* NO. 05-2744 CIVIL TERM
* 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
counter-affidavit within twenty (20) days after this affidavit has been served on you or the
statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on April 9, 2005, and have continued
to live separate and apart for a period of at least two 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.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
Dated: o?' VNI_rIW IFER C `LDWELL
Plaintiff
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JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05 - 2744 CIVIL
IN DIVORCE
NOTICE OF FILING OF MASTER'S REPORT
The report of the Master has been filed this date and
copies have been sent with this notice to counsel of record and
the parties.
In accordance with P.R.C.P. 1920.55 within ten (10) days
after the mailing of this notice and report exceptions may be
filed to the report by any party. If no exceptions are filed
within the ten (10) day period, the Court shall receive the
report, and if approved, shall enter a final decree in
accordance with the recommendations contained in the report.
Date: 4/20/07 E. Robert Elicker, II
Divorce Master
NOTE: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office. At
that time, the party filing the exceptions should
notify the court reporter in the Master's office so
arrangements can be made for a transcript. Upon
completion of the transcript and receipt of payment,
the entire file will be returned to the
Prothonotary's office for transmittal to the Court at
time of argument on the exceptions.
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations
and provide a proposed order of Court to the Master.
Counsel shall also prepare and provide with the
proposed order of Court a praecipe* to the
r
. 116
Prothonotary directing the Prothonotary to submit the
case to the Court for final disposition. The Master
will then transfer the file with the proposed order
of Court and praecipe to the Prothonotary's Office
for docketing and transmittal by the Prothonotary to
the Court.
* Form available in the Prothonotary's office and the
Master's office. (NOT the praecipe to transmit the
record form as set out in P.R.C.P. 1920.73(b).)
Pi
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16
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, * NO. 05-2744 CIVIL TERM
Plaintiff
VS. * CIVIL ACTION - LAW
* IN DIVORCE
BRIAN CALDWELL,
Defendant
MOTION FOR SERVICE OF DEFENDANT BY PUBLICATION
AND NOW, comes the Plaintiff, Jennifer Caldwell, by and through her counsel, Thomas M.
Clark, Esquire of Wiley, Lenox, Colgan & Marzzacco, P.C. and submits this Motion for Service of
Defendant by Publication, and in support thereof, avers as follows:
1. The Plaintiff is Jennifer Caldwell, who resides at 52 Tory Circle, Enola, PA 17025.
2. The Defendant is Brian Caldwell, whose last known address was 205 21" Street,
Bradenton, FL 34208.
3. The parties were married on January 23, 2002 in the Dominican Republic.
4. On May 25, 2005, Wife filed a complaint in Divorce at the above-captioned docket.
5. Since the spring of 2005 Wife has had no contact with Husband with the exception of
several sporadic phone calls placed by Husband to Wife at the marital residence.
6. At some point Wife became aware that Husband may be residing in Florida. While
living in Florida it was rumored that Husband had been at numerous addresses and was at some point
homeless. Husband was never willing to provide Wife with an address where he was staying.
All
7. Undersigned counsel represents that the following attempts have been made to
determine the whereabouts of Husband, but have been unsuccessful:
a. Plaintiff has stayed in contact with Defendant's family and relatives.
Defendant's family and relatives do not have a current address for Defendant that they can
provide to Plaintiff.
b. On several occasions, Plaintiff had attempted to personally serve Defendant
with other legal documents in Florida by way of process server. With the exception of
serving a roommate (substitute service) on one occasion, Plaintiff had been unsuccessful in
personally serving Defendant.
C. Since Defendant's whereabouts have not been determined after a good faith
effort to determine his location, Plaintiff respectfully requests This Honorable Court
authorize service by publication per Pa.R.C.P. 430.
d. In the past, Plaintiff was able to have Defendant served at the address of 205
21" Street, Bradenton, FL 34208. Plaintiff s counsel has recently attempted to serve
Defendant at this address via certified mail, restricted delivery. The packet was returned,
"Attempted Not Known".
e. An internet search was performed to try to find a good address for Defendant.
No address was found for Defendant.
WHEREFORE, Plaintiff respectfully requests that This Honorable Court authorize service by
publication once in both a newspaper and a legal journal in the Bradenton, Florida area as required
by Pa.R.C.P. Rule 430.
Dated: l? G "
Respectfully submitted,
WILEY, LENOX, COLGAN &
MARZZACCO, P.C.
Thomas M. Clark, Esquire
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. # 85277
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, NO. 05-2744 CIVIL TERM
Plaintiff
*
VS. * CIVIL ACTION - LAW
* IN DIVORCE
BRIAN CALDWELL,
Defendant
AMENDMENT TO MOTION FOR SERVICE OF DEFENDANT BY PUBLICATION
AND NOW, comes JENNIFER CALDWELL, by and through her attorney, Thomas
M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant
Amendment to Motion for Service of Defendant by Publication, and in support thereof, avers as
follows:
19. The Honorable Edgar B. Bayley heard Plaintiff's Petition for Exclusive
Possession in the above captioned matter approximately two years ago.
20. The Defendant has thus far proceeded pro se and to date, no counsel has entered
their appearance on his behalf. Defendant has relocated and the undersigned is unable to locate
him for service.
Dated: Z }
Respectfully submitted,
WILEY, LENOX, COLGAN &
MARZZACCO, P.C.
Thomas M. Clark, Esquire
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. # 85277
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
* NO. 05-2744 CIVIL TERM
* CIVIL ACTION - LAW
* IN DIVORCE
ORDER FOR SERVICE OF DEFENDANT BY PUBLICATION
MAY 8 310D7,% /
AND NOW this y daYof 2007, upon Motion of Plaintiff, Jennifer
Caldwell, for service of the Defendant by publication, service shall be made by publication once
in both a newspaper and a legal journal in the Bradenton, Florida area as required by Pa.R.C.P.
Rule 430 0W's ,
BY THE COURT:
CFN
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
* NO. 05-2744 CIVIL TERM
*
*
* CIVIL ACTION - LAW
* IN DIVORCE
*
*
*
PRAECIPE
TO THE PROTHONOTARY:
Please file the attached Proof of Publication in the above-captioned matter.
Respectfully submitted,
WILEY, LENOX, COLGAN &
MARZZACCO, P.C.
Dated: ) t 0 `_
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Thomas M. Clark, Esquire
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. # 85211
A
COUNTY OF SARASOTA
STATE OF FLORIDA
GULF COAST
BUSINESS REVIEW
Published Weekly
Longboat Key, Manatee County, Florida
S.S. 05-2744
Before the undersigned authority personally appeared Matt Walsh
who on oath says that he is Publisher of the Gulf Coast Business Review, a weekly
newspaper published at Longboat Key in Manatee County, Florida; that the attached
copy of advertisement,
being a
Notice of Divorce Master Hearing
in the matter of Marraige of Jennifer Caldwell and Brian Caldwell
in the Court, was published in said newspaper in the
issues of
June 22, 2007
Affiant further says that the said Gulf Coast Business Review is a newspaper
published at Longboat Key, Manatee County, Florida, and that said newspaper has
heretofore been continuously published and has been entered as periodicals matter
at the Post Office in Longboat Key in said Manatee County, Florida, for a period of
one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing
this advertisement for publication in said newspaper.
Matt Walsh
Sworn to and subscribed before me this
22n day of June A.D.2007,
by Matt Walsh, who is personally known to me.
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Sharon P. Elkins Notary Public, State of Florida
(SEAL)
AFFIDAVIT OF PUBLICATION
SARASOTA HERALD-TRIBUNE
PUBLISHED DAILY
SARASOTA, SARASOTA COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF SARASOTA
BEFORE THE UNDERSIGNED AUTHORITY PERSONALLY APPEARED SHARI BRICKLEY, WHO ON OATH
SAID SHE IS ADVERTISING MANAGER OF THE SARASOTA HERALD-TRIBUNE, A DAILY NEWSPAPER
PUBLISHED AT SARASOTA, IN SARASOTA COUNTY FLORIDA; AND CIRCULATED IN SARASOTA
COUNTY DAILY; THAT THE ATTACHED COPY OF ADVERTISEMENT BEING A NOTICE IN THE MATTER
OF:
JENNIFER CALDWELL V. BRIAN CALDWELL, CUMBERLAND COUNTY, PENNSYLVANIA, DOCKET NO.
05-2744, IN DIVORCE NOTICE NOTICE is hereby given that on the 20th day of April, 2007, the Divorce Master
filed a report following a Masters Hearing held on April 17, 200
IN THE COURT WAS PUBLISHED IN THE SARASOTA EDITION OF SAID NEWSPAPER IN THE
ISSUES OF:
61271x
AFFIANT FURTHER SAYS THAT THE SAID SARASOTA HERALD-TRIBUNE IS A NEWSPAPER PUBLISHED
AT SARASOTA, IN SAID SARASOTA COUNTY, FLORIDA, AND THAT THE SAID NEWSPAPER HAS
THERETOFORE BEEN CONTINUOUSLY PUBLISHED IN SAID SARASOTA COUNTY, FLORIDA, EACH DAY,
AND HAS BEEN ENTERED AS SECOND CLASS MAIL MATTER AT THE POST OFFICE IN SARASOTA, IN
SAID SARASOTA COUNTY, FLORIDA, FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST
PUBLICATION OF THE ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT
SHE HAS NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR CORPORATION ANY DISCOUNT,
REBATE, COMMISSION OR REFUND FOR THE PURPOSE OF SECURING THIS ADVERTISEMENT FOR
PUBLICATION IN THE SAID NEWSPAPER.
'l-•
SIGNED ?j-?
SWORN OR AFFIRMED TO AND SUBSCRIBED BEFORE ME THIS r DAY --? U?
OF ?. , A.D., 20U 7
BY SHARI BRICKLEY WHO IS PERSONALLY KNOWN TO ME.
Notary Public
My commission expires / / day of 20 Ct
JENNIFER CALDWELL V. BRIAN
CUMBERLAND COUNTY, PEN
DOCKET NO. 05-2744, IN I
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
* NO. 05-2744 CIVIL TERM
*
*
* CIVIL ACTION - LAW
* IN DIVORCE
*
*
*
PRAECIPE
TO THE PROTHONOTARY:
Please file the attached Proof of Publication in the above-captioned matter.
Respectfully submitted,
WILEY, LENOX, COLGAN &
MARZZACCO, P.C.
Dated: 4'i-
"" Thomas M. Clark, Esquire
130 West Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. # 85211
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
June 29, 2007
sa Marie Coyne, itor
SWORN TO AND SUBSCRIBED before me this
29 day of June, 2007
Notary
NOTARIAL SEAL
DE80R A COLIMIS
N010ry Publb
CARLISLE 8080. CUMBERLAND COUNTY
MY Commission Expires Apr 28. 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
r•
CUMBERLAND LAW JOURNAL
NOTICE
Cumberland County, Pennsylvania
DOCKET NO. 05-2744
JENNIFER CALDWELL v.
BRIAN CALDWELL
IN DIVORCE
NOTICE
NOTICE IS HEREBY GIVEN that
on April 20, 2007, the Divorce Mas-
ter filed a report following a Master's
Hearing held on April 17, 2007.
Pursuant to Pa.R.C.P. 1920.55, Brian
Caldwell hereby has ten (10) days to
file any exceptions he may have to
said report. If no exceptions are filed
within ten (10) days of the date of this
publication, the Master shall forward
the report to the Court for approval
and enter a final decree per the terms
of said report.
THOMAS M. CLARK, ESQUIRE
Attorney for Jennifer Caldwell
130 W. Church Street
Dillsburg, PA 17019
(717) 432-9666
June 29
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, * NO. 05-2744 CIVIL TERM
Plaintiff
VS. * CIVIL ACTION - LAW
* IN DIVORCE
*
BRIAN CALDWELL,
Defendant
It appearing that the Master's report in the above stated case has
been filed for ten (10) days, that no exceptions have been fled thereto,
that the costs have been fully paid and that all the requirements of law
and Rules of Court have been met, you are hereby directed to submit the
said case to the Court of Common Pleas of Cumberland County,
Pennsylvania, at the next sitting ther of.
TO:
Attorney for Plaintiff
` Pro onotary
DATED: q119101 --r
I.?. t L R. -ow , Prothonotary of the Court of
Common Pleas of Cum rland County, Pennsylvania, do hereby certify
that the costs in the above stated case, have all been paid, including the
Master's fee.
Prot n ary
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
JENNIFER CALDWELL, s „ J
Plaintiff
VERSUS
BRIAN CALDWELL,
Defendant
No. 2005-2744 CIVIL TERM
DECREE IN
DIVORCE
AND NOW, ' IT IS ORDERED AND
DECREED THAT JENNIFER CALDWELL , PLAINTIFF,
BRIAN CALDWELL
AND DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECD DIN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; VQAe
The terms and provisions of the Master's Report filed on April 20, 2007 is hereby
incorporated but not merged in the Decree of Divorce and remain binding upon the
parties.
BY THE CO
ATTEST: J
ROTH O N OTA RY
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL, * NO. 05-2744 CIVIL TERM
Plaintiff
VS. * CIVIL ACTION - LAW
* IN DIVORCE
BRIAN CALDWELL,
Defendant
PETITION FOR COURT ORDER FOR DEED
TO TRANSFER INTEREST IN MARTIAL RESIDENCE
AND FOR COURT ORDER TO TRANSFER TITLE OF VEHICLE
AND NOW, comes JENNIFER CALDWELL, by and through her attorney, Thomas
M. Clark, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Petition for
Court Order for Deed to Transfer Interest in Martial Residence and for Court Order to Transfer
Title of Vehicle, and in support thereof, avers as follows:
1. The Plaintiff/Petitioner is Jennifer Caldwell, who resides at 52 Tory Circle, Enola, PA
17025.
2. The Defendant/Respondent is Brian Caldwell, whose last known address was 205 21St
Street, Bradenton, FL 34208.
3. The parties were married on January 23, 2002 in the Dominican Republic.
4. On May 25, 2005, Petitioner filed a complaint in Divorce at the above-captioned docket.
5. Since the spring of 2005 Petitioner has had no contact with Respondent with the
exception of several sporadic phone calls.
6. Petitioner served Respondent notice of Master's Report by Publication.
7. On April 20, 2007, the Master's Report was filed with the Court. In accordance with the
Master's Report, Petitioner received the marital residence situate at 52 Tory Circle,
Enola, Pennsylvania and the 1999 Toyota 4-Runner.
8. The Master's Report Provides that "if Husband does not cooperate in signing the deed or
fails to sign the deed for whatever reason, the Court can authorize signature on the deed
on behalf of Husband as the Courts directs."
9. The Master's Report provides that "the Court shall direct an authorized person as the
Court deems appropriate to sign Husband's interest in the 4-Runner to Wife."
10. On September 26, 2007, the Honorable Edgar B. Bayley, signed the Decree in Divorce in
this matter.
11. As stated in the previously filed Motion for Service of Defendant by Publication, the
Petitioner does not know the whereabouts of Respondent and therefore would request
assistance in transferring the deed for the marital residence and title for the vehicle from
Husband and Wife, to Wife alone.
12. Undersigned counsel has provided a proposed Deed (Attachment "A") and a proposed
Order of Court regarding the vehicle (Attachment "B") for the Court's convenience.
13. The Honorable Edgar B. Bayley heard all other Motions and signed the Divorce Decree
in the above-captioned matter.
14. The Defendant has thus far preceded pro se and to date, no counsel has entered their
appearance on his behalf. As stated in the prior Petition for Service by Publication,
undersigned is unable to locate Respondent.
WHEREFORE, Plaintiff /Petitioner respectfully requests that This Honorable Court
authorize signature on the deed on behalf of Husband as the Court directs and This Honorable
Court authorize signature of Husband's interest in the Toyota 4-Runner to Wife.
Respectfully submitted,
WILEY, L OX, COLGAN &
MAIZZZ2WCO, P.C.
M. Clark, Esquire
Dated: Alr/o
I I
West Church Street
130
Dillsburg, PA 17019
(717) 432-9666
I.D. # 85277
Parcel No. 09-14-0835-105
DEED
MADE THIS day of , 2007, between
BRIAN F. CALDWELL and JENNIFER A. CALDWELL f/k/a JENNIFER A. YOST,
husband and wife, of Cumber County, Pennsylvania,
Grantors
AND
JENNIFER A. CALDWELL, of 52 Tory Circle, Enola, Cumberland County, Pennsylvania,
Grantee
WITNESSETH, that the Grantors for and in consideration of ONE DOLLAR ($1.00) lawful
money of the United States of America, to the Grantors in hand well and truly paid by the Grantee, at
or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and
the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto
the Grantee forever, his heirs and assigns:
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the
Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania,
more particularly described as follows, to wit:
BEGINNING at a point on the Western legal Right-of-Way line of Hal Lane, at the Northernmost
corner of Lot No. 115 on the hereinafter described Final Subdivision Plan; thence along the Northern
line of said Lot NO. 115 South 52 degrees 37 minutes 05 seconds West a distance of 25.00 feet to a
point; thence continuing along the same South 56 degrees 33 minutes 58 seconds West a distance of
98.11 feet to a point on the Eastern legal Right-of-Way line of Tory Circle; thence along the Eastern
legal Right-of-Way line of Tory Circle North 18 degrees 26 minutes 00 seconds West a distance of
49.42 feet to a point at the Southwest corner of Lot No. 113 on the hereinafter described Final
Subdivision Plan; thence along the Southern line of said Lot No. 113 North 71 degrees 34 minutes
00 seconds East a distance of 84.89 feet to a point; thence continuing along the same North 61
degrees 53 minutes 00 seconds East a distance of 25.00 feet to a point on the Western legal Right-of-
Way line of Hal Lane; thence along the Western legal Right-of-Way line of Hal Lane by a curve to
the left having a radius of 160.00 feet an arc length of 22.00 feet to a point at the Northernmost
corner of Lot No. 115 on the hereinafter described Final Subdivision Plan, the point and place of
BEGINNING.
CONTAINING 3,946.38 square feet, more or less.
BEING Lot No. 114 on the Final Subdivision Plan of Laurel Hills North Lots 3 and 4, Section 5
dated June 1, 1992, revised August 5, 1992 and recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania in Plan Book 65, Page 39.
BEING IMPROVED with a dwelling known and numbered as 52 Tory Circle, Enola, Pennsylvania.
SUBJECT TO an Easement for utility installation and maintenance, which is reserved on all lots
and such other easements, as may be shown in recorded documents, granted to Public Utility
Companies for utility purposes. Electric service will be supplied only from the underground
distribution system in accordance with then current PP&L Company Tariff provisions.
UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, set-back lines and
conditions as now appear of record including, but not limited to, Declaration of Covenants and
Restrictions applicable to Final Subdivision Plan for Laurel Hills North Lots 3 and 4, Section 2,
Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County, Pennsylvania,
dated March 25, 1994 and recorded in the Office of the Recorder of Deeds of Cumberland County in
Miscellaneous Book 469, Page 568 and a five (5) foot pedestrian access easement as shown on the
above referenced Final Subdivision Plan.
UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions and restrictions of prior
record pertaining to said premises.
THIS IS A CONVEYANCE BETWEEN HUSBAND AND WIFE AND IS THEREFORE
TAX EXEMPT.
IT BEING the same premises which James W. Massey and Ginger L. McKinney, now known as,
Ginger L. Massey, his wife, by deed dated April 27, 2001, and recorded in the Office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, on May 2, 2001, in Deed Book 243, Page
984, granted and conveyed unto Brian F. Caldwell and Jennifer A. Caldwell f/k/a Jennifer A. Yost,
his wife, GRANTORS HEREIN.
TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses,
rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anyway
appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits
thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use,
possession, property, claim and demand whatsoever of the grantors both in law and in equity, of, in
and to the premises herein described and every part and parcel thereof with the appurtenances.
TO HAVE AND TO HOLD all and singular the premises herein described together with the
hereditaments and appurtenances unto the Grantee and to the Grantee's proper use and benefit
forever.
AND THE SAID GRANTORS do hereby warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year
first above mentioned.
Signed, sealed and delivered
in the presence of:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
(SEAL)
BRIAN F. CALDWELL
(SEAL)
JENNIFER A. CALDWELL
JENNIFER A. YOST
: SS
(SEAL)
On this, the day of , 2007, before me, a notary public,
personally appeared BRIAN F. CALDWELL, known to me or satisfactorily proven to be the person
whose name is subscribed to the within deed and acknowledged that he executed the same for the
purposes therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
NOTARY PUBLIC
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
: SS
On this, the day of , 2007, before me, a notary public,
personally appeared JENNIFER A. CALDWELL Vk/a JENNIFER A. YOST, known to me or
satisfactorily proven to be the person whose name is subscribed to the within deed and
acknowledged that she executed the same for the purposes therein contained.
WITNESS, my hand and notarial seat the day and year aforesaid.
NOTARY PUBLIC
My Commission Expires:
The undersigned certifies that the precise residence and complete post office address of the Grantee
is:
ATTORNEY FOR GRANTEE
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
BRIAN CALDWELL,
Defendant
* NO. 05-2744 CIVIL TERM
VS. * CIVIL ACTION - LAW
* IN DIVORCE
ORDER OF COURT
AND NOW, this
day of
2007, after reasonable
notice and an opportunity for hearing having been provided to all interested parties, the
Court hereby awards ownership of one Toyota 4-Runner, bearing vehicle identification
number JT3HN86R5X0238675 to Jennifer Caldwell, and the right, title and interest of
any other person to said vehicle is hereby extinguished. The Commonwealth of
Pennsylvania, Department of Transportation may accept this order as evidence of
ownership in lieu of a Certificate of Title. The Petitioner shall submit the appropriate
forms, taxes and fees and comply with any other procedures of the Commonwealth of
Pennsylvania, Department of Transportation in order to receive the appropriate
Certificate of Title for said vehicle.
BY THE COURT:
J.
VERIFICATION
I, Jennifer Caldwell, verify that the statement made in this Petition are true and
correct, I understand that false statements made herein are made subject to penalties of 18
PA.C.S. Section 4904 relating to unworn falsification to law enforcement authorities.
SIGNATURE: ? NVU . DATE: I
C. _ 0
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
JENNIFER CALDWELL,
Plaintiff
VS.
BRIAN CALDWELL,
Defendant
* NO. 05-2744 CIVIL TERM
*
*
* CIVIL ACTION - LAW
* IN DIVORCE
*
*
*
ORDER OF COURT
AND NOW, this L- day of 2007, after reasonable
notice and an opportunity for hearing having been provided to all interested parties, the
Court hereby awards ownership of one Toyota 4-Runner, bearing vehicle identification
number JT3HN86R5X0238675 to Jennifer Caldwell, and the right, title and interest of
any other person to said vehicle is hereby extinguished. The Commonwealth of
Pennsylvania, Department of Transportation may accept this order as evidence of
ownership in lieu of a Certificate of Title. The Petitioner shall submit the appropriate
forms, taxes and fees and comply with any other procedures of the Commonwealth of
Pennsylvania, Department of Transportation in order to receive the appropriate
Certificate of Title for said vehicle.
J.
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BY THE COURT:
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JENNIFER CALDWELL, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRIAN CALDWELL,
DEFENDANT 05-2744 CIVIL TERM
ORDER OF COURT
AND NOW, this 114"*- day of December, 2007, Jennifer A. Caldwell
f/k/a Jennifer A. Yost having been awarded in equitable distribution a property at 52
Tory Circle, Enola, East Pennsboro Township, Cumberland County, Pennsylvania,
currently titled in the name of Brian F. Caldwell and Jennifer A. Caldwell f/k/a Jennifer A.
Yost, and being the same property conveyed to them by James W. Massey and Ginger
L. McKinney, now known as Ginger L. Massey, by deed dated April 27, 2001, and
recorded in the office of the Recorder of Deeds of Cumberland County on May 2, 2001,
at Deed Book 243 Page 984, IT IS ORDERED that pursuant to the economic award in
this divorce litigation, Thomas A. Clark, Esquire, is appointed as a limited power of
attorney of Brian Caldwell for the sole purpose of executing a deed and any other
collateral documents necessary to transfer the title of Brian F. Caldwell in 52 Tory
Circle, Enola, East Pennsboro Township, Cumberland County, Pennsylvania, into
Jennifer A. Caldwell f/k/a Jennifer A. Yost.
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