HomeMy WebLinkAbout04-3884
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
LAURA B. CARBAUGH
1\ 11_
NO: ,...J'1
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Plaintiff
CIVIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
ENTER WDGMENT in the above case pursuant to the attached Notice of Judgmentffranscript filed with
District Justice 09-2-01
in favor of Plaintiff, Laura B. Carbaugh
in the sum of$5,788.33 together with interest, plus costs of suit and attorney's fees
Total: $5,788.33 with interest plus costs of suit and attorney's fees
I hereby certifY that the attached Notice of Judgment/Transcript is a true and correct copy of the original
Notice of Judgmentffranscript that was mailed to the Defendant, on the 28th day of June, 2004, pursuant
to Pa.R.C.P. 237.1.
~5~
GLENN J. SMITH, ESQUIRE
te~~ate~nt.
, 2004 Judgment entered by the Prothonotary this day according to the
(~tw K.t
Cumberland County Prothonota~
~
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COMMONWEALTH OF PEN~' _ ,-VANIA
COUNTY OF: CUMBERLAND
09-2-01
NOTICE vr ",uOGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'c.A1mAUGH, LAURA B .,
1 ENOLA ROAD
NEWBURG, PA 17204-9204
L ~
Mag. Dist. No,:
OJ Name: Hon.
Address:
PAULA P. CORREAL
1 COURTHOUSE SQUARE
CARLISLE, PA
VS.
T'''phooo (717) 240-6564 17013-0000
DEFENDANT:
'sWEENEY, CATHERINE
920 HAMILTON ST
CARLISLE, PA 17013
L
Docket No.: cv- 0000173 - 04
Date Filed: 5/26/04
NAME and ADDRESS
.,
ATTORNEY FOR PLAINTIFF :
GLENN J. SMITH, ESQUIRE
110 S NORTHERN WAY
YORK, PA 17402
~
.
T~IS IS ,TO NOTIFY YOU THAT:
Judgment:
DEFAULT JUDGMRI\JT PLTF
[iJ
[iJ
Judgment was entered for:
(Name)
C.lIRRlI"r.~, T,lITTRlI R
Judgment was entered against: (Name)
SWRRNEY, ClITFlRR"[NF:
in the amount of $
'>,7R9.11 on:
(Date of Judgment)
F;/?R/04
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 5,672.83
$ 115.50
$ .00
$ .00
$ 5,788.33
O Amount of Judgment Subject to
AttachmenV42 Pa.C.S. ~ 8127 $
D Portion of Judgment for physical
damages arising out of residential
lease $
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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
1)-1&-0', Date (:3~ -~P>'U!-e ,.' _;~~;;;','I.,'I!I~ilf,~~ct.JUstice
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I certify that this is a true and7 copy of the.:.;cordof:h,eproCeedrgS,~,:.~\.lM'~[(~~~__
6-1800~ Date /' (/ , (" \; t-;.:;" ~ Co ~Istrtdt 14J,9!lce
_.ct'. t,
AOPC 315,03
DATE PRINTED:
6/29/04
8:52:57 AM
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My commission expires first Monday of January, 2006 .
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
LAURA B. CARBAUGH
NO:
Plaintiff
CIVIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
TO THE PROTHONOTARY:
( X ) Notice is hereby given that a JUDGMENT in the above-captioned matter has been
entered against you in the amount of $5,788.33 plus interest, costs of suit and attorney's fees on
June 28, 2004.
( X ) A copy of all documents filed with the Prothonotary in support of the within judgment is
enclosed.
Prothonotary Civil Div.
BY:
If you have any questions regarding this Notice, please contact the filing party:
NAME:
ADDRESS:
GLENN J. SMITH, ESQUIRE
110 South Northern Way
York, Pennsylvania 17403
(717) 757-7602
TELEPHONE NO:
(This Notice is given in accordance with Pa.R.C.P.236)
Notice sent to:
Catherine Sweeney
920 Hamilton Street
Carlisle, P A 17013
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
LAURA B. CARBAUGH
NO:
Plaintiff
CIVIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
AFFIDAVIT
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF YORK : ss
Glenn J. Smith, Esquire, being duly sworn according to law, deposes and says that he is counsel
for, Plaintiff, Laura B. Carbaugh, in the above-captioned matter; that he personally knows the
Defendant, Catherine Sweeney, is over the age of 18 years; and that she resides at 920 Hamilton
Street, Carlisle, Pennsylvania 17013; and that she is employed as unknown at unknown located
at unknown.
Glenn J. Smith, Esquire, further avers that Defendant has not filed an appeal with District Justice
Paula P. Correal, 09-2-01, in Cumberland County, Pennsylvania.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
Sworn to and subsc . ed
beforAme. this ay
of ~fl ,2004. d
~fp L!i#~ ~
BY:
G ENN J. I
S Court LD. # 85925
Attorney for Plaintiff
110 South Northern Way
York, Pennsylvania 17402
Telephone: (717) 757-7602
My Commission Expires:
COMMOIDVEALTH
OF PENNSYLVANIA
D Notarial Seal
S a",:n 1\1, Foehrkolb. Notary Public
prmgeusbury Twn York C .
My Commissio E .r;"' o,::nty
n ;'QNres OCL J 3, 2007
Member, PennsylvanIa ASSOCIatIon of Notarios
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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
LAURA B. CARBAUGH
NO: 2004-03884
Plaintiff
CIVIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
MOTION TO COMPEL DEFENDANT'S APPEARANCE
AT DEPOSITION IN AID OF EXECUTION
TO THE HONORABLE, THE JUDGES OF SAID COURT:
.;IL L '
AND NOW, to wit, this 1 - day of '7>l'rV""'~~' 2005, comes the Plaintiff,
Laura B. Carbaugh, by her attorneys, Glenn J. Smith, Esquire, and Griffith, Strickler, Lerman,
Solymos & Calkins, and represents as follows:
I. Plaintiff is Laura B. Carbaugh, an adult individual residing at I Enola Road,
Newburg, P A 17240.
2. Defendant is Catherine Sweeney, an adult individual with a last known address of
920 Hamilton Street, Carlisle, PA 17013.
3. Judgment was entered against Defendant in Plaintiffs favor by the York County
Prothonotary on August 6, 2004, for $5,788.33 plus attorney's fees, interest and court costs.
4. That a Subpoena Duces Tecum was issued by the Court on April 8, 2005 a true
and correct copy is attached hereto, made a part hereof, and marked Exhibit "A".
5. That the Subpoena was served upon Catherine Sweeney on April 27, 2005 at
Defendant's last known address at 920 Hamilton Street, Carlisle, PA 17013, by a process server,
pursuant to Pa.R.C.P. 440(a)(2)(i). (A true and correct copy of the Return of Service signed by
the process server, Dan Miller, is attached hereto, marked Exhibit "B").
6. Said Deposition was scheduled for May 16,2005, at 9:00 a.m. at the Law Offices
of Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way, York,
Pennsylvania, 17402.
7. On or about May 24, 2005, Catherine Sweeney called the office of Griffith,
Strickler, Lerman, Solymos & Calkins, indicated she recently had surgery and indicated she
would call the office to reschedule the May 16, 2005 deposition.
8. That a Subpoena Duces Tecum was issued by the Court on July 13,2005. (A true
and correct copy is attached hereto, made a part hereof, and marked Exhibit "C").
9. That the Subpoena was served upon Dan Banker on August 7, 2005 at
Defendant's last known address at 920 Hamilton Street, Carlisle, PA 17013, by a process server,
pursuant to Pa.R.C.P. 440(a)(2)(i). (A true and correct copy of the Return of Service signed by
the process server, Dan Miller, is attached hereto, marked Exhibit "D").
10. Said Deposition was scheduled for August 16, 2005, at 10:00 a.m. at the Law
Offices of Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way, York,
Pennsylvania, 17402.
11. Defendant failed to appear at the Deposition and failed to contact Plaintiff or
Plaintiff s counsel in order to reschedule the Deposition.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order
Compelling the Appearance of Defendant, Catherine Sweeney, at a Deposition In Aid of
Execution to be held at the Law Offices of Griffith, Strickler, Lerman, Solymos & Calkins, 110
South Northern Way, York, Pennsylvania, 17402, on Tuesday, September 27, 2005 at 10:00 a.m.
Respectfully submitted,
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
"~
By" . -' "
G . NN J. i:Es '
A orne r lain
Supreme Court I.D. No. 85925
110 South Northem Way
York,PA 17402
Telephone No. (717) 757-7602
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYL VANIA
LAURA B. CARBAUGH
NO: 2004-03884
Plaintiff
CIVIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
VERIFICA nON
I, Glenn J. Smith, Esquire, do hereby verity that I am the attorney of record for the pleading party
herein, and that the facts set forth in the foregoing Motion are true and correct to the best of my
knowledge, information and belief, upon information supplied.
I understand that false statements made herein are made sutdect to the penalties of 18 Pa.C.S.A.
S4904 relating to unsworn falsification to authorities.
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
Date: c;j~/o~
By:
GL
SUBPOENA
IN THE COURT OF COMMON PLEAS FOR CUMBERLANID COUNTY, PENNSYLVANIA
LAURA B. CARBAUGH
NO: 2004-03884
Plaintiff
CIVIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
TO: Catherine Sweeney
920 Hamilton Street
Carlisle, PA 17013
1. YOU ARE ORDERED BY THE COURT to come to the law offices of GRIFFITH,
STRICKLER, LERMAN, SOLYMOS & CALKINS, 110 S. Northern Way, York, Pennsylvania,
on May 16,2005, at 9:00 a.m. to testify at the request of the Plaintiff in the above case, and to
remain nntil excused.
2. And bring with you the following: Any and all information and documentation
disclosing your financial status, including but not limited to deeds to real estate, checking
account statements and account numbers, savings account sllatements and account numbers,
motor vehicle titles and registrations, employment status and payroll deduction information, and
copies ofrecent (last 3 years) income tax returns. The purpose of this deposition is to take your
statement in aid of execution of the judgment that was entered against you on August 6, 2004.
If you fail to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions
authorized by Rule 234.5 of the Pennsytvania Rules of Civit Procedure, including but not limited to costs, attorney fees
and imprisonment.
Requested by:
Seal of the Court
Official Note: This form of subpoena shaIt be used whenever
depositions and before arbitrators, masters. commissioners, etc.
I
EXHIIIIT
-A-
RETURN OF SERVICE
On the jl day of A- fl?/ / ,2005, I,')I~ N f'M/a}
(Name of Person served)
served
with a Subpoena in Aid of Execution - Appearance at
Deposition in Aid of Execution by: (Describe method of service)
C;J,-rhtFr<INf 5VElflff/
f;; rJ 1tr-'7L/l'U/ .5 r.
(;A-/?/rs/ti ?A
,
Date:
,2005
Catherine Sweeney
OR
Date: 1~21"/J
,2005
/f{ Fc,{J~/ -r; 5 ( f ?
(On behalf of Clltherine Sweeney)
RELATIONSHIP TO Catherine Sweeney
TELEPHONE NUMBERS OF PERSON SERVED:
HOME
WORK
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. Se'c. 4904 relating to unsworn
falsitication to authorities.
Date: /Iv 2- 7' 0 6
U CU1
(Signature)
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Date of Deposition:
May 16, 2005, 9:00 a.m.
I
EXHIBIT
---
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SUBPOENA
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
LAURA B. CARBAUGH
NO: 2004-03884
Plaintiff
CIVIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
TO: Catherine Sweeney
920 Hamilton Street
Carlisle, P A 17013
1. YOU ARE ORDERED BY THE COURT to come to the law offices of GRIFFITH,
STRICKLER, LERMAN, SOLYMOS & CALKlNS, 110 S. Northern Way, York, Pennsylvania,
on Aug:...l~.2005, at 10:00 a.m. to testifY at the request of the Plaintiff in the above case, and to
remain until excused.
2. And bring with you the following: Any and all information and documentation
disclosing your financial status, including but not limited to deeds to real estate, checking
account statements and account numbers, savings account statements and account numbers,
motor vehicle titles and registrations, employment status and payroll deduction information, and
copies of recent (last 3 years) income tax returns. The purpose of this deposition is to take your
statement in aid of execution of the judgment that was entered against you on August 6, 2004.
If you fait to attend or to produce the documents or things required by this subpoena, you may be subject to the sanctions
authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, including but not limited to costs, attomey fees
and imprisonment.
Requested by: GLENN J. SMITH, ESQUIRE
Supreme Court I.D. #85925
110 S. Northern Way
York,PA 17402
(717) 757-7602
(Attomey's name, address, telephone number and ID number)
DATE:. J.ll" /] J.QQS BY " I .
I I Prot1;s)notary of cumb~land ty
Seal of the Court ~e . I I~
Official Note: This fonn of subpoena shall be used whenever a subpoena is issuable, including h 'ngs in connection withf~ -
depositions and before arbitrators, masters, commissioners, etc.
I
EXHl8IT
C
RETURN OF SERVICE:
-fct.o'
On the 5 day of cL ( ~ , 2005, I, ,fJ ,c,t(lt (V\ ( ! l-t c,
, (Name of Person served)
servedP.4,t( [JA'tX t./"Ji,1 with a Subpoena in Aid of Execution - Appearance at
Deposition in Aid of Execution by: (Describe method of service)
Ct1-'fI]e.P4-- 5 Vr;el,(-!
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L:-A/? (i" 5 ( " ,
Date:
,2005
CatheriDe Sweeney
OR
Date:
J' J - rJ7- 2005
,
Js?~ ;;~
I (On behalf of Catherine Sweeney)
\ RELATIONSHIP TO Catherine Sweeney
"
TELEPHONE NUMBERS OF PERSON SERVED:
HOME
WORK
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. Sec. 4904 relating to unsworn
falsification to authorities.
Date:
)n 7 .,~
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(Signature)
Date of Deposition:
August 16,2005, 10:00 a.m.
z EXHIBIT
I~
IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA
LAURA B. CARBAUGH
NO: 2004-03884
Plaintiff
CIVIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 12th day of September, 2005, I, Glenn J. Smith, Esquire, a member of
the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS &. CALKINS, hereby certify that I
have this date served a copy of the foregoing Motion to Compel Deposition of Defendant,
Catherine Sweeney, by United States Mail, addressed to th(: party or attorney of record as
follows:
Catherine Sweeney
920 Hamilton Street
Carlisle, PA 17013
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS &
By
GL J , ,S
Attorney for Plaintiff
Supreme Court 1.0. No. 85925
110 South Northern Way
York,PA 17402
Telephone No. (717) 757-7602
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LAURA B. CARBAUGH,:
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
CATHERINE SWEENEY,:
Defendant
NO. 04-3884 CIVIL TERM
ORDER OF COURT
AND NOW, this 15th day of September, 2005, upon consideration of Plaintiff's
Motion To Compel Defendant's Appearance at Deposition in Aid of Execution, a Rule is
hereby issued upon Defendant to show cause why the relief requested should not be
granted.
RULE RETURNABLE within 3 days of service.
BY THE COURT,
Glenn J. Smith, Esq.
110 South Northern Way
York, PA 17402
Attorney for Plaintiff
Catherine Sweeney
920 Hamilton Street
Carlisle, P A 17013
Defendant, pro se
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GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
By: Glenn J. Smith, Esquire
J.D. No. 07490
110 South Northern Way
York, Pennsylvania 17403
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LAURA B. CARBAUGH
NO: 2004-03884
Plaintiff
CNIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Plaintiff, Laura B. Carbaugh, by and through her attorney, Glenn J.
Smith, Esquire, of the law firm GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS,
and respectfully requests this Honorable Court to Make Absolute the September 15,2005, Rule
entered by this Court, and in support thereof, avers as follows:
I. On or about May 26, 2004, Plaintiff initiated a civil subrogation action against
Defendant before the Honorable Paula P. Correal, for which a hearing was set for June 28, 2004.
2. Defendant failed to enter a defense and therefore a default judgment was entered
against Defendant in the amount of$5,788.03.
3. On August 6, 2004, the Default Judgment was filed with the Cumberland County
Prothonotary's Office.
4. On August 3, 2005, Defendant was served with a Notice for Taking Deposition in
aid of Execution ofJudgment, set for August 16,2005.
5. Defendant failed to appear for the August 16,2005 Deposition.
6. On September 13, 2005, Plaintiff filed with the Cumberland County
Prothonotary's Office a Motion to Compel Defendant's Appearance at Deposition in Aid of
Execution.
7. On September 15,2005, this Honorable issued a Rule to Show Cause by the relief
set for in Plaintiff s Motion should not be granted.
8. Defendant has failed to answer this Honorable Court's September 15,2005, Rule
to Show Cause.
WHEREFORE, Plaintiff respectfully requests this Honorable Court make absolute the
September 15,2005, Rule to Show Cause and Order Defendant to Appear for Deposition in Aid
of Execution at the law Office of Griffith, Strickler, Lerman, Solymos & Calkins, 110 South
Northern W ay, York, Pennsylvania 17402, on February 17, 2006, at 10:00 a.m. or be subject to
contempt proceedings.
Respectfully submitted,
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
/'
BY:GL{~~ES~
At~for Plaintiff
Supreme Court J.D. No. 85925
110 South Northern Way
York, PA 17402
Telephone No. (717)757-7602
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
By: Glenn J. Smith, Esquire
J.D. No. 07490
110 South Northern Way
York, Pennsylvauia 17403
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LAURA B. CARBAUGH
NO: 2004-03884
Plaintiff
CNIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 26th day of January, 2006, I, Glenn J. Smith, Esquire, a member of the
firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, hereby certify that I
have this date served a copy of the foregoing Motion to Make Rule Absolute, by United States
Mail, addressed to the party or attorney of record as follows:
Catherine Sweeney
920 Hamilton Street
Carlisle, P A 17013
GRIFFITH, STRICKLER, LERMAN,
SOL YMOS & CALKINS
~
By: ./
GLE J. , SQ
Attorney for Plainti
Supreme Court LD. No. 85925
110 South Northern Way
York, PA 17402
Telephone No. (717) 757-7602
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
'Y
LAURA B. CARBAUGH
NO: 2004-03884
Plaintiff
CNIL ACTION - LAW
v
CATHERINE SWEENEY
Defendant
JURY TRIAL DEMANDED
ORDER
AND NOW, to wit this ~day of
t:"L
, 2006, upon consideration of the
Motion of Plaintiff to Make Rule Absolute, it is hereby ORDERED and DECREED:
1. The Septernber 15, 2005, Rule to Show Cause issued by this Court is hereby made
absolute.
2. Defendant, Catherine Sweeney, shall appear for Deposition in Aid of Execution at
the law Office of Griffith, Strickler, Lerman, Solymos & Calkins, 110 South Northern Way,
York, Pennsylvania 17402, on February 17, 2006, at 10:00 a.m. or be subject to contempt
proceedings.
BY THE COURT,
Dated:
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