HomeMy WebLinkAbout10-5588TH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
I I.
COMMON PLEAS No. /p- 55a4 l?Il ?,F41
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
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This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
(see Pa. R.C.P.D.J. No.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
ftn lum ofF d wndwyorD*p*
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pe.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon MW ANA) PP G6, appellee(s), to Me a complaint in this appeal
/// Name Of RAP"WA)
(Common Pleas No. IC - &588 (ylyi j ) within twenty (20) days afte7serv of rule or entry of j ent of non pros.
RULE: To ?K RA r" PXC4: • appellee(s)
Name of BA"Nse(s)
SOW-
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: _A a7 , 2010
o/Protl?onobry or Dv*
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY
PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN, f 10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
.20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of afriant
Signature of official before whom alfidaWt was made
Title of official
My commission expires on 20
hE la"Ma LZ $AV o
*Nl 4
.?.OMMONWEALTH OF PENNSYLVANIA
_.r'ni IKITV nC• CTIMPIERTiLmn
Mag. Dist. No.:
09-1-03
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FPACE, MARY AMANDA
43 E. COLUMBIA ROAD
ENOLA, PA 17025
MDJ Name: Hon.
RICHARD S. DOIIGHERTY
Address: 98 S ENOLA DR STE 1
ENOLA, PA
Telephone: (7 17 ) 7 2 8 - 2805 17025
AMANDA CARBAUGH
267 WYOMING AVENUE
ENOLA, PA 17025
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
(Date of Judgment)
7/29/10
® Judgment was entered for: (Name) PACE, MARY AMANDA
® Judgment was entered against: (Name) CARBAIIGH, TIMOTHY
in the amount %J $ 1, 499.5
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
1-1 This case dismissed without prejudice.
? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment $ 1,395.00
Judgment Costs $ 104.50
Interest on Judgment $ .06
Attorney Fees $ .00
Total $ 1,499.50
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
JUL 2 9 2010 Date
I certify that this is a true
Date
My commission expires first Monday of January, 2012
L J
VS.
DEFENDANT: NAME and ADDRESS
rCAR.BAUGH, TIMOTHY, ET AL.
267 WYOMING AVENUE
ENOLA, PA 17025
L J
Docket No.: CV-0000189-10
Date Filed: 6/16/10
Magisterial District Judge
copy th oft p edings containing the judgment.
, Magisterial District Judge
SEAL
AOPC 315-07
DATE PRINTED: 7/30/10 8:54:00 AM
iAMMONWEALTH OF PENNSYLVANIA
A•COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-1-03
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FPACE, MARY AMANDA
43 E. COLUMBIA ROAD
ENOLA, PA 17025
MDJName: Hon.
RICHARD S. DOUGHERTY
Address: 98 S ENOLA DR STIR 1
ENOLA, PA
Telephone: (717 ) 728-2805 17025
AMANDA CARBAUGH
267 WYOMING AVENUE
ENOLA, PA 17025
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
IT Judgment was entered for:
(Date of Judgment)
(Name) PACE, MARY AMANDA
® Judgment was entered against: (Name) CARBAUGH, AMANDA
in the amount of $ 11499.50
F] Defendants are jointly and severally liable.
F] Damages will be assessed on Date & Time
F] This case dismissed without prejudice.
F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
L J
vs.
DEFENDANT: NAME and ADDRESS
[CARBAUGH, TIMOTHY, ET AL.
267 WYOMING AVENUE
ENOLA, PA 17025
L J
Docket No.: CV- 0000189 -10
Date Filed: 6/16/10
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 1,395.00
.5
$ .00
$
$ 1,499.501
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
JUL 2 9 2010 Date
I certify that this is a true and co ct copy th of
Date
_, Magisterial District Judge
containing the judgment.
My commission expires first Monday of January, 2012
7/29/10
, Magisterial District Judge
SEAL
AOPC 315-07
DATE PRINTED: 7/30/10 8:55:00 AM
FLED-Cl?---rCE
Tp. r " \10TAfj
-3 P1'i 4 13
COUNTY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal Check applicable boxes.)
COMMONWEA V H OF PENNSYLVANIA
COUNTY OF A ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
u
a copy of the Notice of Appeal. Common Pleas S 5 y?, upon the District Justice designated therein on
(date of service) 2010 J '-by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee. (name) on
1(', u- C, 20 1 D ? by personal service L-'by ('ce'r-litied) (registered) mail,
sende0 receipt attached hereto. -f j
(SWORN) (AF JRMED) AND SUBSCRIBED BEFORE ME
TF11S ' DAY OF ep+zln
Signatuu Hof oo ?cia e orb -,vhbrm aBidavft 'Was Aade
Trite of o?offrial r
My commission expires on (} 0 U r 15' 20
COMMO' NWEALTIi OF PENNL;YLV
Notarial Sail
Turd M. Roberson.Kitary Public
East Pmisbom T%,v.. Qmberland Oamly
My Omnissbn E Vh% Nov. 13, 2011
Member, Pennsylvania Assoalation d
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No,
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO. NAMt U1' U.J.
AUUKtbb UY PWVMLLAK 1 ---
DATE OF JUDGMENT IN THE CASE OF (Piaintit() (Defendant)'
This block will be signed ONLY when this notation is required under Pa. if appellant was Clairt*ht (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
(Common Pleas No.
appellee(s), to file a complaint in this appeal
Name of appellees)
within twenty (20) days after serviI;e of rule or syffErl`entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 20
+. Signature of ProthoMary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OF APPELLANT ? 111AG. DIST. NO. NAME OF U.J.
ADDRESS OF APPELLANT CITY STATE ZIP CODE
DATE OF JUDGMLNT I IN 1 HE CASE OF (PSWW/r) (uelenaa?! '
V5 i
DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
f, F
This block will be sued ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.GP.D.J. No_ 1001(6) in action
R.C.P.D.J. No. 100813.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDERS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL
Signatue of Prod-terry -DaPwAN I
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD- COPY TO BE SERVED ON DISTRICT JUSTICE
r ?q
0/
MARY AMANDA PACE, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA Q ' n
V.
: NO. 10-5588 P'
l
TIMOTHY CARBAUGH and V
t
AMANDA CARBAUGH, CIVIL TERM _
Defendants rn
NOTICE TO DEFEND :
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
AVISO DE DEFENDER
Ante el tribunal le han demandado. Si usted desea defender contra las demandas
dispuestas en las paginas siguientes, usted debe tomar la acci6n dentro de veinte (20) dias
despues de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por
el abogado y archivando en escribir con la corte sus defensas a objeciones a las demandas
dispuestas contra usted. Le advierten que que si usted no puede hacer asi que el caso puede
proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional
para cualquier dinero demandado en la queja o para cualquier otra demanda o relevacion pedida
por el demandante. Usted puede perder el dinero o la caracteristica u otra endereza importante a
usted.
USTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, VAYA A O LLAME POR TELEFONO LA OFICINA
DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER DE USTED LA INFORMACI6N
SOBRE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PERMITIRSE AL HIRE A UN ABOGADO, ESTA OFICINA
PUEDE PODER PROVEER DE USTED LA INFORMACION SOBRE LAS AGENCIAS QUE
LOS SERVICIOS JURIDICOS DE LA OFERTA DE MAYO A LAS PERSONAS ELEGIBLES
EN UN HONORARIO REDUCIDO O NINGUN HONORARIO.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
MARY AMANDA PACE,
Plaintiff
V.
TIMOTHY CARBAUGH and
AMANDA CARBAUGH,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5588
CIVIL TERM
COMPLAINT
AND NOW, comes the Plaintiff, Mary Amanda Pace, by and through her attorney,
Timothy L. Czekaj of Czekaj Law Office, and for her cause of action against the Defendants
respectfully avers as follows:
1. Plaintiff Mary Amanda Pace, hereinafter "Plaintiff", is an adult individual who
resides at 43 E. Columbia Road, Enola, PA 17025.
2. Defendants Timothy Carbaugh and Amanda Carbaugh, are adult individuals who
reside at 267 Wyoming Avenue, Enola, PA 17025.
3. On or about May 15, 2010 in the early morning hours, Defendant Timothy
Carbaugh was driving on E. Columbia Road in Enola, Cumberland County, Pennsylvania.
4. At that time and place, Plaintiffs motor vehicle, a 1995 Volkswagon Jetta,
hereinafter "Jetta", was parked on E. Columbia Road in Enola, PA in front of Plaintiff s home.
5. At that time and place, Plaintiff was asleep inside of her residence.
6. It is believed and therefore averred that at that time and place, Defendant Timothy
Carbaugh failed to maintain adequate control of his vehicle, and struck Plaintiff s vehicle.
7. Following said collision, Plaintiff awoke and found a business card belonging to
police officer Ben Epting of the East Pennsboro Township Police Department on said Jetta.
8. It is believed and therefore averred, that Defendant called and reported said
collision to police after leaving the scene of the collision.
9. Plaintiff filed a civil complaint on June 16, 2010 regarding said collision in
Magisterial District Court 09-1-03 at Docket No. CV-189-10. See Exhibit "A" attached.
10. Plaintiff was awarded a judgment on the merits in said matter on July 29, 2010 in
the amount of $1,499.50, from which Defendant Timothy Carbaugh has appealed. See Exhibit
"B" attached.
11. Defendant Timothy Carbaugh admitted to colliding with Plaintiff's vehicle at the
hearing before Honorable Richard Dougherty on July 29, 2010.
12. It is believed and therefore averred that Defendants' appeal is a bad faith and
arbitrary attempt to frustrate Plaintiff from pursuing the recovery of damages.
13. Plaintiff has been forced to obtain counsel and incur further costs and legal fees.
COUNT I-NEGLIGENCE
14. Paragraphs 1 through 13 above are incorporated by reference as though set forth
at length.
15. Said collision and all of the damages set forth hereinafter sustained by Plaintiff
are the direct and proximate result of the negligent and careless manner in which Defendant
Timothy Carbaugh operated his motor vehicle as follows:
(a) failure to stay within his lane of travel;
(b) failure to keep proper and adequate control over his vehicle; and
(c) otherwise driving his vehicle upon the roadway in a manner endangering persons and
property and in a reckless manner with careless disregard to the rights and safety of others.
WHEREFORE,, Plaintiff Mary Amanda Pace demands judgment against Defendants
Timothy Carbaugh and Amanda Carbaugh in the amount of $1,499.50 plus costs and reasonable
attorney's fees, and any further relief that this Court deems appropriate.
Dated: September 16, 2010
Respectfiilly submitted,
Timothy L. Czekaj, Esquire
PA ID No. 210165
Attorney for Plaintiff
CZEKAJ LAW OFFICE
315 N. Front Street
P.O. Box 741
Harrisburg, PA 17108-0741
(717) 236-9377
VERIFICATION
I verify that the statements made in this complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to
unsworn falsification to authorities.
Dated:
Marl Amanda Pace
J' ? = OF P-NNSY VANIA
CumB$I?fiD
- ?LAIN FFF:
09-1-03
RIt'HLA" S. J' OUGRMTY
15d,I-SS 9R
ZROLA,7 PA
,r '128-2805
CIVIL COMPLAINT
NAME and ADDRESS
? ? ? • ?.dl crrnlc?a. ?
?Fr 1-707-S
vs,
17 025 DEFENDANT: 11AME and ADDRESS
R
l ?t (V1 cGcf ?CXkc?r h kCdiktk '
?"rr0? ? ?? t7C '
- i NG COSTS
POS'AGE
SERVCE COSTS
, OQNS TAELE '_-7.
3TA_
AMOUNT DATE PAID
Docket No.:O'? -,?
1 Date Filed: T
?a.R.C.P.D.J ?,,4,_7. 2206 sets ford- those costs recoverable by the prevailing party-
T" HE D=F=NCAN. - The above named plaintiff(s) asks judgment against you for $ CO together with
ccsts upon the following claim (Civil fines must include citation of the statute or ordinance
viola.-ed):
F?? i y cal w
lin4 ioti T??o-Hn?j Carbkoo?, whfi>!
nrty mv5t. My ct'r a j(3 moo{ ?Ieve c0"tk 11S\0y'N co vera?-e, So
~? av t n04 PV(SV'r1g *e nnone4 i 3jdvaever +tie. ?^lan?ta??s fib
-} r VOW- more 4+4h toe rev- wad VJoY+°h , 'TiMbthtA*Srio-1
Y PCa,Spha ?O`e
?®v16i;.4 Y4V\'?p, 't" WOQ16 lift f-p 9 t 4-Inc Jo r),A GS lrn®r t, P e S COS G;
av1v, `, n C4? S? 1 v ¢ ri?n? iNed +02 0 ?? t rtCh -}
verify that the facts set fort- it this complaint are true an "
cc -ect o the pest c my knowledge, in ormation, and :belief. This statement is made subject to the penalties of
S_?Ctio 4904 .,< -- d•irnes Code (11; PA„ C.S. § 4904) related to uns nIa ication to authorities.
(Signature of iDi iff or Authorized Agent)
Plaintiffs
Atop Bey:
eleohone
Address:
'F ` OU INTEND T C =NTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY
AT THE ABO.I'E TE--=PHON= NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE.
U N' ESe YOL<' DC.. TJDGMEV- MAY BE ENTERED AGAINST YOU BY DEFAULT.
it °/,u have a c aim. against ,.he plaintiff, which is within nagisteriai district judge jurisdiction and which
'voi. intend to assert at ,he hearing, you mast file it on a complaint form at this office at least five days
.,efcr -e 4a e set for `h:_ hearing.
It you are disabled and require a r PLAINTIFF'S n to gain access to the magisterial District
Court and its services, please cunt t Court at the above address or
A, EXHIBIT
telephone number. We are unable t
OPC 308.A-c
COMMONWEALTH OF PENNSYLVANIA
mi INTY OF: CUMBERLAND
May. Dist. No.-
09-1-03
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NOME and ADDRESS
rPACE, MARY AMANDA
43 E. COLUMBIA ROAD
ENOLA, PA 17025
L J
VS.
DEFENDANT: NAME and ADDRESS
rCARBAUGH, TIMOTHY, ET AL.
267 WYOMING AVENUE
ENOLA, PA 17025
L J
0
Docket No.: CV-0000189-1
Date Filed: 6/16/10
MDJ Name- Hon.
RICHARD S. DOUGHERTY
Address 9 8 S ENOLA DR STE 1
ENOLA, PA
elephone (717 ) 728-2805 17025
MARY A. PACE
43 E. COLUMBIA ROAD
ENOLA, PA 17025
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for: (Name)
0 Judgment was entered against: (Name))
in the amount of $ 1, 499. S
(Date of Judgment)
PACE, MARY AMANDA
CARBAUGH, TIMOTHY
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
M This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
7/29/10
Amount of Judgment $ 1,395.00
Judgment Costs $ 104.50
Interest on Judgment $ 00
Attorney Fees $ -
Total $ 1,499.50
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
JUL 2 9 2010 Date Magisterial District Judge
I certify that this is a true and cor ct copy th oft p edings containing the judgment.
Date PLAINTIFF'S Magisterial District Judge
E rIBIT
My commission expires first Monday of Jan SEAL
AOPC 315-07
DATE PRINTED: 7/30/10 :00 AM
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
R
Ronny R Anderson
1 _
Sheriff 0FFIC7
?i? t'{ •'.
?$?}4tr q{ ? ?r+u 6rr?? ff? }' iy c r? ? ? ! ?? `IV,
Jody S Smith
Chief Deputy
2 2 101 S) E j ` ! 3, a
?^?
Richard W Stewart
SOIICItOC FF F N" 'c RIFF r??a` BEF,,"l...rs7 0 0 ?(0Uil `I;'
„ rt_,S"I ,?1%411 n
Mary Amanda Pace
vs.
Timothy Carbaugh (et al.)
Case Number
2010-5588
SHERIFF'S RETURN OF SERVICE
09/20/2010 05:47 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
September 20, 2010 at 1747 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Timothy Carbaugh, by making known unto himself personally, at 267
Wyoming Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to him personally the said true and correct copy of the same.
•-
STEPHE BENDER, DEPUTY
09/20/2010 05:47 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
September 20, 2010 at 1747 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Amanda Carbaugh, by making known unto herself personally, at 267
Wyoming Avenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $57.50
September 23, 2010
/?
STEPHE BENDER, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
(ci ,otmty5uite Sheri 7e eo o!t lrc
MARY AMANDA PACE, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, a
: PENNSYLVANIA -' '
MCI.)
NO. 10-5588
TIMOTHY CARBAUGH and --
AMANDA CARBAUGH, CIVIL TERM
Defendants
c
TO: TIMOTHY AND AMANDA CARBAUGH
DATE OF NOTICE: October 11, 2010
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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
AVISO IMPORTANTE
A: TIMOTHY AND AMANDA CARBAUGH
FECHA DEL AVISO: October 11, 2010
USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRA
COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABOGADO Y
SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS
QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE
DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE
TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y
USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
Dated: October 11, 2010
Respectfully submitted,
Timothy L. Cze j, Esquire
PA ID No. 210165
Attorney for Plaintiff
CZEKAJ LAW OFFICE
315 N. Front Street
P.O. Box 741
Harrisburg, PA 17108-0741
(717) 236-9377
MARY AMANDA PACE,
Plaintiff
V.
TIMOTHY CARBAUGH and
AMANDA CARBAUGH,
Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 10-5588
: CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Notice of Default was served on the
11 0' day of October, 2010 by first-class United States mail, sufficient postage prepaid, addressed
to:
Timothy and Amanda Carbaugh
267 Wyoming Avenue
Enola, PA 17025
Dated: October 11, ter.
Timothy L. Czekaj, Esquire
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Notice To Defend
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We have contacted the Cumberland County Bar Association and are awaiting a return call.
However, the following are the main points of our defense.
• The estimate the Plaintiff brought to the original hearing was a generic estimate for a
Black 1995 Jetta. There was no VIN number or registration number on the estimate.
Therefore, the estimate could have been for anyone's car.
• The Plaintiff showed pictures of a Black Jetta that was clearly not hers. The pictures
showed a nice, shiny Jetta. Her Jetta had very old faded paint with big white spots ail
over the car. One could not take a picture of Plaintiff's car without any white spots
showing up because they were everywhere.
• The Plaintiff had no proof that said Defendant was the one who hit her car.
• Judge Dougherty informed Defendant that he should file an appeal because he was
unable at his level to award the Defendant the car even though he felt the Defendant
was entitled to have the car if Defendant was paying the full value of the car.
• The Plaintiff has the burden to prove Defendant was the responsible party.
• The Plaintiff has to prove the damages to her car were a direct result of said alleged
collision.
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3.
arg
4.
PRAE:CIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
PROTHONOTARY OF CUMBERLAND COUNTY: (List the wit in mati:er for theonexi
nt Court.)
------- - - - --- - ----
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)N OF CASE
:aption must be stated in full)
'AMANDA PACE - {
vs. ;
[HY CARBAUGH and
IDA CARBAUGH
No. 10-5588 CAVIL Term
State matter to be argued (i.e., plaintiffs motion for new trial, defe dam's demurrer to
complaint, etc.):
PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS
Identify all counsel who will argue cases:
(a) for plaintiffs:
TIMOTHY L. CZEKAJ, ESQUIRE
(Name and Address)
P.O. BOX 741, HARRISBURG, PA 17108-0741
(b) for defendants:
TIMOTHY CARBAUGH AND AMANDA CARBAUGH, PRO SE
(Name and Address)
267 WYOMING AVENUE, ENOLA, PA 17025
1 will notify all parties in writing within two days that this ca a has been listed for
lment. YES
Argument Court Date: DECEMBER 15, 2010
Signature
TIMOTHY L. C EKAJ
Print your name
PLAINTIFF
NOVEMBER 3, 2010 Attorney for
Date:
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed ith the COURT ADMINI
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 day prior to argument.
3. Theresponding party shall file their brief 5 days prior t argument.
4 If argument is continued new briefs must be filed ith the COURT
ADMINISTRATOR (not the Prothonotary) after th case is relisted.
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C
STRATOR
MARY AMANDA PACE,
Plaintiff
V.
TIMOTHY CARBAUGH and
AMANDA CARBAUGH,
Defendants
IN THE COURT OF
OF CUMBERLAND
PENNSYLVANIA
NO. 10-5588
CIVIL TERM
1 PLEAS
ro
AND NOW, comes the Plaintiff, Mary Amanda Pace, by and through her attorney,
Timothy L. Czekaj of Czekaj Law Office, and respectfully moves this Court, pursuant to Pa.
R.C.P. 1034 for judgment on the pleadings as follows:
1. Plaintiff commenced this action against Defendants, Timothy Carbaugh and
Amanda Carbaugh on September 16, 2010 in response to an appeal fro#i judgment entered at the
magistrate level, seeking to recover money -damages due Plaintiff as a r salt of Defendant
Timothy Carbaugh having collided with Plaintiff's vehicle.
2. On October 14, 2010, pro se Defendant Timothy Carbaugh filed what appears to
be an answer to Plaintiff's Complaint. See Exhibit "A" attached.
3. Defendants' Answer does not contain a correct caption as required by Pa. R.C.P.
1018.
4. Defendants' Answer is in the form of a bulleted list and (neither admits nor denies
any of the factual averments in Plaintiff's Complaint, and should
pursuant to Pa. R.C.P. 1029(b). Further, the first two (2) bulleted iteir
speak to the sufficiency of evidence and not to the underlying facts of
Even if construed as demands for proof, said bulleted items shall have
be deemed admitted
in Defendants' Answer
intiff s Complaint.
effect of admissions
pursuant to Pa. R.C.P. 1029(b).
5. Defendants' remaining bulleted items are conclusions of `law and/or statements as
to the Plaintiff's burden of proof, which again fail to deny any of Plaintiff's factual averments,
and said averments should therefore be deemed admitted pursuant to P R.C.P. 1029.
6. Defendants' Answer was never served on either Plainti s Counsel, or Plaintiff
]herself as required by Pa. R.C.P. 440. Defendants' Answer was discovered only by Plaintiff's
Counsel discovering said Answer on the Cumberland County online do ket resource.
7. A defendant's rampant violation of the rules of pleading is not excused because a
party proceeds without counsel. Hohensee v. Luger, 412 A.2d 1111 (1 80"
8. Defendants fail to set forth any facts supporting any def nse to culpability of
Plaintiff s factual averments.
9. The pleadings are closed and time exists within which t dispose of this motion so
as not to delay trial.
10. No judge has previously ruled upon any other issue in t
11. There are no genuine issues of material fact to be tried.
12. Plaintiff is entitled to judgment as a matter of law on tl
Pa.R.C.P. 1034.
case or related matter.
pleadings pursuant to
WHEREFORE, Plaintiff, Mary Amanda Pace, respectfully requests that this Court enter
judgment in her favor and against Defendants, Timothy Carbaugh and Amanda Carbaugh in the
amount of $1,499.50 plus reasonable attorney's fees in the amount of $450.00 and costs.
Respectfully submitted,
Dated: November 3, 2010
Timothy L. Czekaj, Esquire
PA ID No. 10165
Attorney fo Plaintiff
CZEKAJ LAW OFFICE
315 N Front Street
P.O. Box 7,11
Harrisburg,' PA 17108-0741
(717) 236-9377
MARY AMANDA PACE,
Plaintiff
V.
TIMOTHY CARBAUGH and
AMANDA CARBAUGH,
Defendants
IN THE COURT OF
OF CUMBERLAND
PENNSYLVANIA
NO. 10-5588
CIVIL TERM
4 PLEAS
9
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Plaintiff's
Pleadings was served on this day by first-class United States mail, s
addressed to:
Timothy and Amanda Carbaugh
267 Wyoming Avenue
Enola PA 17025
Dated: November 4, 2010
ion for Judgment on the
ient postage prepaid,
Timothy L? Czekaj, Esquire
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Notice To Defend
We have contacted the Cumberland County Bar Association and are
However, the following are the main points of our defense.
• The estimate the Plaintiff brought to the original hearing was a
Black 1995 Jetta. There was no VIN number or registration nu
Therefore, the estimate could have been for anyone's car.
• The Plaintiff showed pictures of a Black Jetta that was clearly n
showed a nice, shiny Jetta. Her Jetta had very old faded paint
over the car. One could not take a picture of Plaintiffs car witl
showing up because they were everywhere.
• The Plaintiff had no proof that said Defendant was the one wh
• Judge Dougherty informed Defendant that he should file an ap
unable at his level to award the Defendant the car even thougl
was entitled to have the car if Defendant was paying the full vs
• The Plaintiff has the burden to prove Defendant was the respo
• The Plaintiff has to prove the damages to her car were a direct
collision.
Od
a return call.
ric estimate for a
on the estimate.
hers. The pictures
Ith big white spots all
ut any white spots
flit her car.
eal because he was
he felt the Defendant
of the car.
isible party.
result of said alleged
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PLAINTIFF'S
EXHIBIT
i
OFFICE OF THE
PROTHONOTARY
CUMBERLAND COUNTY
DAVID D. BUELL
PROTHONOTARY
Timothy L. Czekaj
P.O. Box 741
Harrisburg, PA 17108-0741
DATE: November 24, 2010
TO Attorney Czekaj:
THIS IS TO NOTIFY YOU THAT CASE NUMBER 10-5588
MARY AMANDA PACE
VS.
TIMOTHY CARBAUGH and AMANDA CARBAUGH
HAS BEEN LISTED FOR ARGUMENT ON December 15.2010
Cumberland County Argument Court Rules 1028(c),
1034(a) and 1035.2(a) shall be strictly enforced. If the
issue was listed for prior argument you must re-file
your brief as per Local Rule 1028(c)10.
David D. Buell
Prothonotary
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MARY AMANDA PACE,
Plaintiff
V.
TIMOTHY CARBAUGH and
AMANDA CARBAUGH,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2010 - 5588 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS
BEFORE OLER, GUIDO, JJ.
ORDER OF COURT
AND NOW, this 5TH day of JANUARY, 2011, Plaintiff s Motion for Judgment
on the Pleadings is granted in part. It is granted on the issue of liability as it relates to
Defendant Timothy Carbaugh. 1 In all other respects it is denied.
By the Court,
W
Edward E. Guido, J.
'Timothy L. Czekaj, Esquire
315 North Front Street
Harrisburg, Pa.
"Timothy Carbaugh
VAmanda Carbaugh
Court Administrator - in f i Is
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pies
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1 At argument plaintiff's counsel conceded that there was no valid theory of liability upon which to base an
action against defendant Amanda Carbaugh. We would suggest that he file a praecipe to dismiss her from
this action forthwith. See Pa. Rule of Professional Conduct 3.1.
MARY AMANDA PACE, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
NO. 10-5588 ,.,
TIMOTHY CARBAUGH and
AMANDA CARBAUGH, CIVIL TERM ;', ?- '
Defendants
a-- 2M
-': -, co
PRAECIPE TO DISMISS WITHOUT PREJUDICE
?.r ;
To the Prothonotary:
Kindly dismiss Defendant Amanda Carbaugh from the above captioned matter wi tli8ut
prejudice.
3
Dated: Janua.Ky 2011
Respectfully submitted,
Timothy L. Czekaj, Esquire
PA ID No. 210165
Attorney for Plaintiff
CZEKAJ LAW OFFICE
315 N. Front Street
Harrisburg, PA 17101
(717) 236-9377
00103 y
MARY AMANDA PACE,
Plaintiff
V.
TIMOTHY CARBAUGH and
AMANDA CARBAUGH,
Defendants
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 10-5588
: CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served on this
date by first-class United States mail, sufficient postage prepaid, addressed to:
Timothy and Amanda Carbaugh
267 Wyoming Avenue
Enola, PA 17025
Dated: Jan 1 2011
Timothy L. Czekaj, Esquire
MARY AMANDA PACE, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V. r,
TIMOTHY CARBAUGH NO. 10-5588
,
Defendant
CIVIL TERM
PRAECIPE TO ENTER JUDGMENT
To the Prothonotary:
C7
Kindly enter judgment in favor of Plaintiff and against Defendant Timothy Carbaighlon
the attached decision of the Court dated January 5, 2011, rendered following hearing, in the
amount of $1,499.50 plus attorney's fees in the amount of $450.00 plus costs.
Dated: January 13, 2011
Respectfully submitted,
Timothy L. Czekaj, Esquire
PA ID No. 210165
Attorney for Plaintiff
CZE.KAJ LAW OFFICE
315 N. Front Street
Harrisburg, PA 17101
(717) 236-9377
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MARY AMANDA PACE,
Plaintiff
V.
TIMOTHY CARBAUGH and
AMANDA CARBAUGH,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2010 - 5588 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS
BEFORE OLER, GUIDO, JJ.
ORDER OF COURT
AND NOW, this 5TH day of JANUARY, 2011, Plaintiff's Motion for Judgment
on the Pleadings is granted in part. It is granted on the issue of liability as it relates to
Defendant Timothy Carbaugh.1 In all other respects it is denied.
By the Court,
Edward E. Guido, J.
Timothy L. Czekaj, Esquire
315 North Front Street
l p.@. x -14--
Harrisburg, Pa. 1 1.88.9 4 a 1/ o
Timothy Carbaugh
Amanda Carbaugh
Court Administrator
:sld
At argument plaintiff's counsel conceded that there was no valid theory of liability upon which to base an
action against defendant Amanda Carbaugh. We would suggest that he file a praecipe to dismiss her from
this action forthwith. See Pa. Rule of Professional Conduct 3.1.
l
MARY AMANDA PACE, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
NO. 10-5588
TIMOTHY CARBAUGH,
Defendant CIVIL TERM
CERTIFICATE OF MAILING COPY OF
PRAECIPE FOR ENTRY OF JUDGMENT
To the Prothonotary:
The undersigned attorney for Plaintiff Mary Amanda Pace certifies pursuant to Pa. R.C.P.
No. 237 that on this date, a copy of the attached Praecipe for Entry of Judgment was mailed by
first class mail postage prepaid to each attorney of record, or party acting pro se who has
appeared in this action.
Dated: January 13, 2011
Timothy L. Czekaj, Esquire
PA ID No. 210165
Attorney for Plaintiff
CZEKAJ LAW OFFICE
315 N. Front Street
Harrisburg, PA 17101
(717) 236-9377
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FILED-OFFICE
rO?
THE PROTNONOTAPZY
2011 APR -7 AM 9: 10
RONNY R. ANDERSON
Sheriff
JODY S. SMITH
Chief Deputy
OFFICE OF THE SHERIFF
One Courthouse Square, Room 303
Carlisle, Pennsylvania 17013
April 7, 2011
CUMBERLAW 1 WART
PENNSYLYA citor
Mary Amanda Pace
vs
Timothy Carbaugh
Writ No. 2010-5588
Property Claim Determination
To Whom It May Concern:
Reference is made to Property Claim dated March 28, 2011, entered by Amanda
Carbaugh, Writ of Execution No. 2010-5588 Civil Term, Mary Amanda Pace vs Timothy
Carbaugh.
Ronny R. Anderson, Sheriff, has determined that the claimant, Amanda
Carbaugh, in the above mentioned property claim, is the owner of the property set forth
in the claim.
cc
Timothy L. Czekaj, Atty for Plaintiff
Timothy Carbaugh, Defendant
Amanda Carbaugh, Claimant
So Answers:
n R. Anderson, Sheriff
By
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NOTICE OF PROPERTY CLAIM
Mary Amanda Pace In the Court of Common Pleas
Cumberland County, Pennsylvania
VS
Timothy Carbaugh No. 2010-5588 Civil Term
Writ of Execution
TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST:
You are hereby notified that a property claim, a copy of which is
attached hereto has been filed by Amanda Carbaugh, claiming property
listed therein. Unless an appraisal of the property is requested within (10) days
from the date of this notice, the Sheriff without making an appraisal
will accept the value of the property set forth in the claim.
Date 03-28-11
eriff of Cumberland County
Cc
Timothy L. Czekaj, Atty for Plaintiff
Timothy Carbaugh, Defendant
Amanda Carbaugh, Claimant
By
PROPERTY CLAIM
PqA f-y A mkv / -?
T1 rv1 o-74? F. CIl PALW
TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No.
The property listed below and levied upon in this case is not the property of the defendant, but is the property of the
undersigned. A list of the claimed property and the values thereof are:
LIST OF PROPERTY
VALUE
SFE 1 AM 1.1!S;F- s} i47 S Z-4 -ST
Ok/ 41r('?i
CMW Y 0"\ KY RANUs cA?&U6A . 7?-E SI?EPi?`s
T UST wew-T 713(ew6g f Wge 44 TiN6 -1x1v6S . 7#e-
DNI? PQ-owg:7Y 6N Thy fee-l- I IBS awveo 8y 71* C*160L O
H15 a 04M45. 07#L4 hWe- /,Y, Mk6
THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWS:
Date Claimant AMAN N
State of Pennsylvania:
County of Cumberland
rn.o Y% a.x- C Gc r h ti lk being duly sworn according to law, deposes and says that the
above list to the property claim are correct d true.
Sworn and subscribed to before me
?c
This ? day of Claimant
COMMONWEALTH OF PENS 3YLVA.NIA
No Pu is Notarial Seal
Tina M. Robarts m, Notary Public
East Pertnsboro TIAP., Ctmberland County
My C mnbslon E)Ome Nov. 15, 2011
Member, Pennsylvania AssWatlon of Notaries
SHERIFF'S SALE
By Virtue of a Writ of Execution
No. 2010-5588
Issued out of the Court of Common Pleas of Cumberland County, Pennsylvania and to me directed, I will expose the
following described property at public sale at
267 Wyoming Avenue, East Pennsboro Township, Enola, PA 17025
on
THURSDAY, MARCH 31,201
AT 3:00 O'CLOCK P.M.
C Prevailing Time, the following described property, to wit:
Sofa !
p
Loveseats (3)
Chairs (25) 6 _/ /? ,/J
PhlipsaTelevision 6 / r 1 J65 41Y
Misc. DVD's
Wooden Cabinets (2 /tM?j/)?? D ft Z. 1? VA?
3) V W/v lJ w ?J"' 4 /?/
Wooden Shelf,
Dirt Devil Vacuum Q 66
Wooden Entertainment nter /9
Kitchen aid Dishwas iK
Wooden Cabinet &0
Kenmore Refrigerator G G
Hotpoint Gas Stove 6
Ewave Microwave
Gevalia Coffee Maker Gf 6
Sunbeam Toaster
Various Po Pans 6 66
Various Ute s
Rival Fry 0
Mixer
Sharp Rad' 6
Table (3) O
Chairs (3)
GE Televisi /66
Rock Fountain
SG
Wooden Table
Maytag Washer U
Estate Drye%
Acer Laptop^3 (?C) b
Wooden Coat Cabinet
Snow Boards (2,& ?\ Z)
Dressers (3) 1 U
Dresser w irror 561, Lamps (2) '50
Konka Television D?
Philips Television ( (G?
Sony Television
Pana i DVDG Play pG
Stool A
Compute ?
Gateway Co ter J, S G O
HP Pr' ter (2 00
Guitar
TV Stand' I f G
Rocking Chai &0
Filing Cabinet f
Computer Des 6
Compaq Compute 0
Frigidaire Refrige or
Clothes Cabine ?j
Nikon Camera 3G C
(C) CountySuite Sheriff, 'feleosoft, Inc.
fib' f7?GJ 'r-:5w '-3 A / / /? S?
CUffiBERLAND CO TY SHERIFF'S SALE - Case No. 2010-5588
Paper Shredder
Magnavox Blu-ra layer K Q
LP Player 5
Clock Radio
Receiver
Pioneer Spe ke 2)V d
Daybed
Desk
Mirror
GE Freezer D
Wooden Stand - Blac
Air Hockey Table
Kenmore Freezer
Misc. Hand tools
Misc. Bikesi
Sharp Microwav? 68ft.Ladder
JVC Stereo o Power Saw 6 Fluorescent lights
Q
Green Cabinet /0'
Large Mirror
Misc. Tool Boxes
Perfect Flame Gas Grill Q 6
Patio Table & Chairs
Trampoline w/net
and all other personal property of defendant(s).
Page 2 of 2
Any person claiming any interest in said personal property shall file the same prior to the sale, with the Sheriffs
Office. A schedule of distribution will be filed in the Sheriffs Office no later than five (5) days after the date of the
sale, and distribution made ten (10) days thereafter unless exceptions are filed with the Sheriffs Office prior thereto.
Seized and taken into execution to be sold as the property of TIMOTHY CARBAUGH, AMANDA
CARBAUGH in suit of MARY AMANDA PACE and to be sold by me.
Attorney for the Plaintiff:
Timothy L. Czekaj RONNY R ANDERSON, Sheriff
Harrisburg, PA CUMBERLAND COUNTY, Pennsylvania
(c) CountySuite Sheriff, 7eleosoft, Inc.
IE:IIv 8z um 1,101
sa d
J?
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
,' oy?titit? ?t Cn+r??rt?4
.. 44
FILED- GF* IC€-
yjF T HE PROTFIONO ? °1;r
,011 APP 19 PM 12: 40
CUMBERLAND COU?4T1r`
PENNSYLVANIA
Mary Amanda Pace
vs.
Timothy Carbaugh
Case Number
2010-5588
SHERIFF'S RETURN OF SERVICE
02/14/2011 12:15 PM
February
defendan
Wyoming
handing t
a levy wa
02-16-11.
. Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
4, 2011 at 1200 hours, he served a true copy of the within writ of execution, upon the
to wit: Timothy Carbaugh, by making known unto Amanda Carbaugh, Adult in Charge, at 267
lvenue, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time
her personally the said true and correct copy of the same. Upon serving the writ of execution,
completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on
03/07/2011 Sheriffs s le scheduled for Thursday, March 31, 2011 at 3:00 p.m.
03/11/2011 06:50 PM - Sale bill posted on March 11, 2011 at 1850 hours by Deputy Hoover. Sale date set for
Thursday, March 31, 2011 at 1500 hours. Copy of sale bill mailed to Attorney Czekaj.
03/28/2011 On Monday, March 28, 2011 at 1131 hours, a property claim was filed by Amanda Carbaugh. All parties
notified b mail this date.
04/07/2011 Reference is made to Property Claim dated March 28, 2011, entered by Amanda Carbaugh, Writ of
Execution No. 2010-5588 Civil Term, Mary Amanda Pace vs Timothy Carbaugh.
Ronny R. Anderson, Sheriff, has determined that the claimant, Amanda Carbaugh, in the above
mentioned property claim, is the owner of the property set forth in the claim.
04/19/2011 No objections filed to property claim.
04/19/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is
returned per Pennsylvania Rules of Court 3206(c) (pertaining to property claims).
SHERIFF COST: $151.II 2 SO ANSWERS,
III!,
April 19, 2011 RON R ANDERSON, SHERIFF
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