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Home My WebLink About09-5521 JUANITA YVONNE CARBAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 0'?- .5 ?7, DAVID CLELAND and : CIVIL ACTION-REPLEVIN BRENDA CLELAND Defendants, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 1-800-990-9108 717-249-3166 JUANITA YVONNE CARBAUGH, Plaintiff, V. DAVID CLELAND and BRENDA CLELAND Defendants, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. b 9 S?t I tom(( -7t_t,` : CIVIL ACTION-REPLEVIN COMPLAINT Plaintiff, Juanita Yvonne Carbaugh, by and through her attorneys MidPenn Legal Services and Geoffrey M. Biringer, sets forth as follows: 1. Plaintiff is Juanita Yvonne Carbaugh, an individual who resides at 419 S. 15`h Street, Harrisburg, Dauphin County, Pennsylvania 17104. 2. Defendants are David Cleland and Brenda Cleland, a married couple who reside at 65 Pinedale, Carlisle, Cumberland County, Pennsylvania 17015. 3. On or about January 2009, Plaintiff moved into a property located at 32 Center Street, Lot 33, Mount Holly Springs, Pennsylvania 17065. 4. Said property is owned by the Defendants David Cleland and Brenda Cleland. 5. Plaintiff paid monthly rent in the amount of Three Hundred Forty Five Dollars ($345). 6. On March 11, 2009, Defendants gave Plaintiff a Notice to Quit. 7. On April 13, 2009, Defendants filed a Landlord and Tenant Complaint. 8. On May 11, 2009, an Order for Possession was entered for Defendants and a money judgment for $519.75. 9. Plaintiff began to move out on or about May 26, 2009. 10. On or about May 26, 2009, Defendants allowed Plaintiff one hour to enter property to remove possessions, but due to the malfunction of Plaintiff's son's truck, Plaintiff's son arrived 20 minutes late and with only one vehicle. 11. Defendant only allowed them forty minutes to remove Plaintiff's possessions. 12. Plaintiff did not have sufficient time to remove all her possessions from Defendant's property. 13. Defendants have placed a padlock on the trailer sitting on their property preventing Plaintiff from further removing her possessions. 14. To the best of Plaintiff's knowledge no levy on Plaintiff's Property has been obtained. 15. Plaintiff and Plaintiff's undersigned counsel have made several attempts to contact Defendants to schedule a date and time to allow Plaintiff to remove her possessions from Defendants property. 16. Defendants have failed to cooperate in arranging a time to allow Plaintiff to retrieve her possessions. 17. Plaintiff has not recovered much of her personal property. These items of personalty and their value are set out in Plaintiff's Exhibit "1" and have a total value of Seven Thousand Two Hundred and Fifteen Dollars ($7,215). 18. Defendants taking of Plaintiff's possessions, holding Plaintiff's possessions, and/or destroying Plaintiff's possessions, is illegal, and Defendant has no right, title, or interest in Plaintiff's possessions. WHEREFORE, Plaintiff prays that this Court Order that Plaintiff's possessions be returned to her from the Defendant or that, if unavailable, Plaintiff be awarded judgment in the total amount of Seven Thousand Two Hundred and Fifteen Dollars ($7, 215), said amount begin within the amount subject to compulsory arbitration. Respectfully submitted, MI PENN LEGAL SERVICES i'f7 . t By: Geoffrey M. Biringer Attorney for Plaintiff 401 E. Louther Street Ste., 103 Carlisle, PA 17013 (717)243-9400 THINGS THAT 1 LEFT IN THE TRAILER THAT 1 STILL NEED TO GET BACK BEDROOM 32" Widescreen TV 27" Floor Model TV Dresser & Highboy Set Women Cloths (all my cloths was left) Baby Cloths JVC DVDNCR Combo Towels, Handtowels,& Washcloths Perfurms Suitecase Set DVD Movies BACK BATHROOM Sheets & Pillow cases Towels & Washclohs Blankets Scale LAUNDRY ROOM Wash & Dryer Set A Bar KITCHEN Hutch Refrigerator Bread Maker Mixer Set Toaster Dishes Silverware Knifef Set Dish Towels & Dish Rags Pots & Pans Deep Freezer Blender NEW PRICE SALE PRICE $500.00 $200.00 $750.00 $ 50.00 $ was given to me $ 80.00 $ (was my mothers) $150.00 $ ( both my grate grandsons) $ 75.00 $ ( had been my mothers ) $100.00 $ 100.00 (they were new) $ 80.00 $ ( my mothers) $ 30.00 $350.00 $ 95.00 $315.00 $125.00 $317.36 $ 60.00 $ 72.00 $ 35.00 $160.00 $ 75.00 $ 85.00 $ 25.00 $950.00 $100.00 $125.00 $ 65.00 $175.00 $ 50.00 $475.00 $100.00 $250.00 $ 75.00 $285.00 $100.00 $125.00 $ 75.00 $335.00 $ 75.00 $ 95.00 $ 25.00 $ 85.00 $ 20.00 $116.00 $ 15.00 $275.00 $ 80.00 $175.00 $ 50.00 $125.00 $ 40.00 Ex."1it .LIVING ROOM Old Stereo / Record Player 18 Track Player - Recorder $1,225.00 (was my mothers) $200.00 2 Cases of * Tracks $ (also my mothers ) $ 50.00 Records ( mine , my mothers and grandmothers) $ (a lot but I don't know how much $100.00 Nick Nacks $ 85.00 $ 40.00 Collectable Dolls (my mothers) $1695.00 $500.00 Books (Bibles and Bible Studys) $2000.00 (all my moms) $100.00 Coat Rack with Mirrow $ 95.00 $ 30.00 MIDDLE ROOM Computer Desk $145.00 $ 50.00 Black Highback Leather Desk Chair $ (was a gift) $ 80.00 HP A 6863 Pavilion Cumputer $848.00 $300.00 Hercules Duel Pix Webcam $ 40.00 $ 25.00 HP C8180 Photosmart Printer $400.00 $150.00 Program Disc's $500.00 $ 65.00 Blank Audio Dicks $ 75.00 $ 45.00 Blank DVD R/W Dicks $136.00 $ 60.00 Game Dicks $280.00 $ 90.00 Plain Printing Paper( box) $ 45.00 $15.00 Photo HP High Gloss Paper $275.00 $ 25.00 Ink for Printer 4 Cartriages $320.00 $100.00 Baby Toys $ ? $ 20.00 FRONT BEDROOM Sansui 25" TV $220.00 $100.00 Single Posionai Bed $ (my mothers) $ 35.00 Night Stands $ (my mothers) $ 50.00 Delllnspiron 1545 Lap Top $498.00 $200.00 Cloths $ ? $100.00 Pro-163 Programabie Scanner $199.99 (still in box) $100.00 Scanner Antenna $ 30.00 $ 20.00 Cobra 148 6+L CB Radio (Was my Dads) $189.95 $ 75.00 18V Dewalt Cordless Tool Combo Set $629.00 $250.00 PS 3 Video Game System $469.00 $230.00 Extra Controller $ 43.00 $ 20.00 Network Card $ 20.00 $15.00 Blue Tooth Headset $ 50.00 $ 35.00 2 Memory Cards $60.00 $ 30.00 USB Headset $30.00 $ 15.00 Legends of Wrestling $ 60.00 $ 30.00 Alpha Protocol $ 60.00 $ 30.00 Smack Down vs Raw $ 50.00 $ 25.00 Dirt 2 $ 40.00 $ 20.00 Grand Theft Auto IV $ 40.00 $ 20.00 Spiderman Web of Shadows $ 50.00 $ 25.00 - r , Uncharted $ 60.00 $ 30.00 The Witcher-Rise fo the White Wolf $ 60.00 $ 30.00 Socom-confrontation $ 40.00 $ 30.00 MX vs ATV $ 40.00 $ 20.00 Dale Earnhardt Collectables $ ( gifts) $800.00 PATIO Glass Table and Chairs $230.00 $ 75.00 SHED Tote full of Antique China Dishe Set $ (were my grandma Carbaugh's) $150.00 3 Totes full of other house hold items $ ? $ 90.00 New Baby Car Seat $ 87.00 $ 30.00 Tow Hitch $165.00 $125.00 Lawn Mower $200.00 $ 80.00 Totes full of Christmas Decorations $ ? $160.00 New Christmas Tree still in box got after Christmas $289.53 before percent discount $ 75.00 MORE TOTES AND BAGS I DONT REMEMBER WHAT ALL WAS IN THEM SOME ARE FROM THE TRAILER JASPER HAD BEEN FIXING UP. - r VERIFICATION Juanita Yvonne Carbaugh, Plaintiff, verifies that the statements made in the above Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: Z 0 0 9 anita Yvonne baugh, Plkatiff OF 7 i ?. FOP JUANITA YVONNE CARBAUGH, Plaintiff, V. DAVID CLELAND and BRENDA CLELAND Defendants, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :No. o 9_ Y5.21 C4;;,-) -rt, CIVIL ACTION-REPLEVIN PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow JUANITA YVONNE CARBAUGH to proceed in forma pauperis. I, Geoffrey M. Biringer, the attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date: /?p??Q? g Geoffrey M. Biringer MIDPENN LEGAL SERVICES 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Sup. Ct. ID# 18040 • ;? t ??, ?„? ???/I ie;«ry ? ?? ?'?r ;, ter::, F, :1' ? I ? If? ('? / .?1...? Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OF Tf, TkY Juanita Yvonne Carbaugh vs. David Cleland 2009 MJG ZS AM j0.0 - Case Number 2009-5521 SHERIFF'S RETURN OF SERVICE 08/1412009 07:50 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on August 14, 2009 at 1950 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David Cleland, by making known unto himself personally, at 65 Pinedale Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/14/2009 07:50 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on August 14, 2009 at 1950 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brenda Cleland, by making known unto herself personally, at 65 Pinedale Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SO ANSWERS, August 17, 2009 KTNOMAS KLINE, SHERIFF Deputy Sheriff JUANITA YVONNE CARBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID CLELAND and BRENDA CLELAND Defendant : Docket No. 09 - 5521 CIVIL ACTION -LAW Praeciae Please mark the above-captioned action "settled and discontinued." Geoffrey M. Biringer MidPenn Legal Services 401 E.Louther Street Carlisle, PA 17013 (717) 243-9400 FILED iCE OF THE P p ? *'r,)N .TARY 2009 SEP 18 P 3.1,; 0 I'E 'J, Nz+'a'I..VA '