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IN THE COURT OF COMMON PLEAS OF t ' �'�' i; `�'"; "TA; q CL OFFICE OF THE ROTHONOTARY IAA, � CtrtLFiJf1 COU i'Ei�' iCYLVAtVlA Tracy L. Brumbaugh Vs. NO. 2012 - 01816 -CD Margaret Graf Ritner Boarding and Training Kennel C Ld Ui e I PA CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, Brian K Spencer, Prothonotary of the Court of Common Pleas of Clearfield County, Pennsylvania, do hereby certify that the attached is a certified and full copy of the docket entries in the above captioned case. I further certify that a Judgment was entered in the above captioned matter in favor of Tracy L. Bumbaugh and against Margaret Graf d /b /a Ritner Boarding and Training Kennel on February 3, 2014, in the amount of 18980.00. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the said Court, on the 7th day of March, A.D., 2014.` f�, Brian K SW Prothonotary BY: Deputy X33. �Up( a Date: 3171201,4 Clearfield County Court of Common Pleas User: LMILLER r Time: 10:03 AM ROA Report Page 1 of 3 Case: 2012 - 01816 -CD Current Judge: Fredric Joseph Ammerman Tracy L. Brumbaughvs. Margaret Graf, et al CIVILACTION Date Judge 11/30/2012 New Case Filed. No Judge Filing: Civil Complaint Paid by: Naddeo, James A. (attorney for No Judge Brumbaugh, Tracy L.) Receipt number: 1947869 Dated: 11/30/2012 Amount: $108.50 (Check) For: Brumbaugh, Tracy L. (plaintiff) 1 C Atty Naddeo. Case Filed. No Judge New Action, Contract (Buyer Plaintiff) No Judge 1/7/2013 Respondent's Answer, filed by s /Christopher S. Lucas Esq. 1 C Atty No Judge Lucas. 1/14/2013 Sheriff Return, NOW, December 3, 2012, Sheriff of Cumberland County No Judge was deputized. December 21, 2013 at 4:58 pm Served the within Complaint on Margaret Graf d /b /a Ritner Boarding and Training Kennel. So Answers, Chester A. Hawkins, Sheriff by s /Marilyn Hamm Shff Hawkins costs pd by Naddeo $31.50 Cumberland Co costs pd by Naddeo $44.95 1/25/2013 Petition For Leave to Amend Pleadings, filed by s/ James A. Naddeo, Esq. No Judge 1 C Atty. Naddeo 1/30/2013 Rule, this 30th of Jan., 2013, a rule is issued upon Defendant. Defendant Fredric Joseph Ammerman shall file an answer to the petition within 20 days of this date. Argument shall be held on the 28th of Feb., 2013 in Courtroom 2 at 10:00 a.m. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. CC to Atty. 1/31/2013 Certificate of Service, filed no cert. copies Fredric Joseph Ammerman Served copy Petition for Leave to Amend Pleadings on Atty. Lucas 2/11/2013 Respondent's Answer to Rule to Show Cause Re: Petitioner's Petition to Fredric Joseph Ammerman Amend Complaint, filed by s/ Christopher S Lucas Esq. No CC. 3/1/2013 Order, Cert. to Atty. Lucas and Naddeo Fredric Joseph Ammerman NOW, this 28th day of Feb., 2013 RE: Petition to amend complaint, Plaintiff shall have 10 days to file amended complaint. 3/4/2013 Amended Complaint, filed by Atty. Naddeo 1 Cert. to Atty.. Fredric Joseph Ammerman 3/13/2013 Answer and New Matter, filed by s/ Christopher S. Lucas, Esq. 1 CC Atty. Fredric Joseph Ammerman Lucas 3/26/2013 Answer to Defendant's New Matter, filed by s/ James A. Naddeo, Esq. Fredric Joseph Ammerman 1 CC Atty. Naddeo 4/8/2013 Certificate of Service. On April 8th, 2013, a Notice of Taking Deposition of Fredric Joseph Ammerman Margaret Graf was served on Christopher S. Lucas, esq., and Love Court Reporting via first -class mail, postage prepaid. Filed by s /James A. Naddeo. 2CC atty. 5/16/2013 Certificate of Service, the Plaintiff's Request for Production of documents Fredric Joseph Ammerman Directed to Defendant was served on Christopher S. Lucas, Esq. on the 16th of May, 2013 by First -Class Mail, Postage Prepaid. Filed by s/ James A. Naddeo, Esq. No CC 7/1/2013 Motion To Compel, filed by s/ James A. Naddeo, Esq. 1 C Atty. Naddeo Fredric Joseph Ammerman 7/2/2013 Order, this 2nd of July, 2013, it is Ordered that Defendant is directed to Fredric Joseph Ammerman serve answers to the discovery no later than 25 days from the date of this order. By The Court, /s /Fredric J. Ammerman, Pres. Judge. 1 C Atty. Naddeo Date: 3/7/2014 Clearfield County Court of Common Pleas User: LMILLER Time: 10:03 AM ROA Report Page 2 of 3 Case: 2012 - 01816 -CD Current Judge: Fredric Joseph Ammerman Tracy L. Brumbaughvs. Margaret Graf, et al CIVIL ACTION Date Judge 7/3/2013 Certificate of Service, a certified copy of Motion to Compel and Order was Fredric Joseph Ammerman served on Christopher S. Lucas on the 3rd of July, 2013 by First -Class Mail, Postage Prepaid. filed by s/ James A. Naddeo, Esq. No CC 7/8/2013 Respondent's Answer to Petitioner's Motion to Compel Discovery, filed by Fredric Joseph Ammerman s/ Christopher S. Lucas Esq. No CC. 7/11/2013 Certificate of Readiness for Non -Jury Trial, filed by s/ James A. Naddeo, Fredric Joseph Ammerman Esq. 3CC Atty. Naddeo Certificate of Service filed. On July 11th, 2013, a true and correct copy of Fredric Joseph Ammerman Plffs Praecipe to List for Trial was served upon First -Class Mail, Postage prepaid. Filed by s /James A. Naddeo, Esq. 3CC Atty Naddeo. 7/16/2013 Order, this 15th of July, 2013, a pre -trial conference is scheduled for Sept. Fredric Joseph Ammerman 5, 2013 at 11:30 a.m. in Judge Ammerman's Chambers. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. 1 C & memo to Attys: Naddeo, Lucas 8/29/2013 Certificate of Service, Plaintiff's Pre -Trial Statement was served on Fredric Joseph Ammerman Christopher S. Lucas, Esq. by First -Class Mail, Postage Prepaid on the 29th of Aug., 2013. Filed by s/ James A. Naddeo, Esq. No CC 9/9/2013 Order, this 5th of Sept., 2013, a one day non -jury trial is scheduled for Dec. Fredric Joseph Ammerman 23, 2013 at 9:00 a.m. in Courtroom 1. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. 1 C Attys: Naddeo, C. Lucas 12/26/2013 _Order, this 23rd of Dec., 2013, following the conclusion of nonjury trial, it is Fredric Joseph Ammerman Ordered that counsel for both parties submit appropriate post -trial brief to the Court within no more than 35 days from this date. In the event either or both counsel should believe a response brief would be necessary, the same shall be provided to the Court within no more than 45 days from this date. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. 2CC Attys: Naddeo, C. Lucas 1/23/2014 Transcript of Proceedings, filed. Civil Nonjury Trial held before the Fredric Joseph Ammerman Honorable Fredric J. Ammerman, President Judge on Monday December 23, 2013. 2/3/2014 Order, this 28th of jan., 2014, following non -jury trial on Dec. 23, 2013, the Fredric Joseph Ammerman Court finds in favor of the Plaintiff and against the Defendant in breach of contract. Plaintiff is awarded compensatory damages for lost profits in the amount of $18,980.00 plus record costs. By the Court /s/ Fredric J. Ammerman, Pres. Judge. 1 CC Attys: Naddeo, C. Lucas ROA for statistical purposes only. Fredric Joseph Ammerman 2/18/2014 Filing: Praecipe to Transmit Record. Paid by: Naddeo & Lewis LLC Fredric Joseph Ammerman Receipt number: 1953684 Dated: 2/18/2014 Amount: $15.00 (Check) For: Brumbaugh, Tracy L. (plaintiff) 3CC Atty Sayers. Filing: Appeal to High Court Paid by: Christopher S Lucas & Associates Fredric Joseph Ammerman Receipt number: 1953706 Dated: 2/18/2014 Amount: $50.00 (Check) For: Graf, Margaret (defendant) Notice of Appeal, Margaret Graf, Respondent/Defendant hereby appeal to Fredric Joseph Ammerman the Superior Court of Penna. from the order entered on the 28th of Jan., 2014. Filed by s/ Christopher S. Lucas, Esq. 2CC Atty; 1 C and ck. for 73.50 to Superior Court Statement of Issues, filed by s/ Christopher S. Lucas, Esq. 1 C Atty; 1 C Fredric Joseph Ammerman Superior Court Date: 3/7/2014 Clearfield County Court of Common Pleas User: LMILLER Time: 10:03 AM ROA Report Page 3 of 3 Case: 2012 - 01816 -CD Current Judge: Fredric Joseph Ammerman Tracy L. Brumbaughvs. Margaret Graf, et al CIVILACTION Date Judge 2/18/2014 Exemplied record issued to Prothonotary of Cumberland County. Fredric Joseph Ammerman Certification of docket entries issued to Prothonotary of Cumberland County with check for $35.00 from Naddeo and Lewis. 2/26/2014 Appeal Docket Sheet from Superior Court of Pennsylvania, filed. Fredric Joseph Ammerman Docket Number 296 WDA 2014 3/4/2014 Order, this 27th of Feb., 2014, it is Ordered that Margaret Graf, file a Fredric Joseph Ammerman concise statement of the matters complained of on appeal no later than 21 days herefrom. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. 1 C attys: Naddeo, C. Lucas I h @f @by wtify this id b@ a tfn and @t€ @fit @d §!§Py W Ih@ Mqi@ @I @!Ai @FflW NO in thi§ @@w MAR. Q 7 2014 A TRUE CqPY ATTEST: _ F ROTH ©N©` AR •OL ERK IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION - EQUITY * TRACY L. BRUMBAUGH, * Plaintiff, * V. * No. 2612 - 1816 - CD * MARGARET GRAF d /b /a RITNER BOARDING AND TRAINING KENNEL, * Defendant. * * * Type of Pleading: * * PRAECIPE TO * TRANSMIT RECORD * * * * Filed on behalf of: * * Plaintiff * * Counsel of Record for F 1:L,, E® -SG D e * thi-s party: F6) 20C, * James A. Naddeo, Esquire PA Supreme Court I.D. 06820 BRIAN K. SpEudn" PROTHONOTARY &CLERK OFCOU T_Si * Ryan P. Sayers, Esquire ~ PA Supreme Court I.D. 313682 * * 207 East Market Street * P.O. Box 552 * Clearfield, PA 16830 * P: (814) 765 -1601 * F: (814) 765 -8142 * Date: February 18, 2014 sr Y" IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION - EQUITY * TRACY L. BRUMBAUGH, * Plaintiff, * V. * No. 2012 - 1816 - CD * MARGARET GRAF d /b /a RITNER BOARDING AND .TRAINING KENNEL, * Defendant. * PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please exemplify the record in the above captioned case. Then send the exemplified record and a certification of the amount of the judgment together with the enclosed check for $33.50 to the following address: Mr. David D. Buell, Prothonotary of Cumberland County, Pennsylvania 1 Courthouse Square Suite 100 Carlisle, PA 17013 Ryan P. Sayers, Esq. Attorney for Plaintiff J IN THE COURT OF COMMON PLEAS OF CLEARFIELD COUNTY, PENNSYLVANIA OFFICE OF THE PROTHONOTARY Tracy L. Brumbaugh Vs. NO. 2012 -01816 -CD Margaret Graf Ritner Boarding and Training Kennel etwaedecL CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, Brian K Spencer, Prothonotary of the Court of Common Pleas of Clearfield County, Pennsylvania, do hereby certifythat the attached is a certified and full copy of the docket entries in the above captioned case. I further certify that a Judgment was entered in the above captioned matter in favor of Tracy L Brumbaugh and against Margaret Graf d/b/a Ritner Boarding and Training Kennel on March 27, 2014, in the amount of 18,980.00. IN TESTIMONY WHEREOF, I have hereunto sit my Viand and affixed the Seal of the said Court, on the 28th day of May, A.D., 2014. Brian K Spencer Prothonotary BY: L Jr Date: 5/28/2014 Time: 08:23 AM Page 1 of 8 Filed: Subtype: Comment: 11/30/2012 CIVIL ACTION Status History pending Judgment Entered Stricken Reopened Judgment Entered Judge History Date Judge 1/28/2013 Ammerman, Fredric Joseph 11/30/2012 No Judge, Clearfield County Court of Common Pleas Complete Case History Case: 2012 -01816 -CD Tracy L. Brumbaughvs.Margaret Graf, etal. Physical File: Y Appealed: N 11/30/2012 11/30/2012 11/30/2012 11/30/2012 3/27/2014 Payments Christopher S Lucas & Associate Christopher S Lucas & Associate Misc Fee Christopher S Lucas Esq Misc Fee Christopher S Lucas Esq. Lucas, Christopher S. (attorney f Naddeo & Lewis LLC Subpoena Naddeo, James A. (attorney for Naddeo, James A., Esq. Miscellaneous Receipts Receipt Date 1952480 11/8/2013 1953956 3/7/2014 1954685 4/29/2014 Receipt Date 1953706 2/18/2014 1953956 3/7/2014 5.00 1954685 4/29/2014 5.00 1954823 5/8/2014 1954668 4/28/2014 1952480 11/8/2013 6.00 1953684 2/18/2014 1954235 3/27/2014 1947869 11/30/2012 1954340 4/3/2014 Subpoena Misc Fee Misc Fee Reason for Removal Current Judge Assigned Type Civil Filing Miscellaneous Miscellaneous Civil Filing Civil Filing Miscellaneous Civil Filing Civil Filing Civil Filing Civil Filing User: LMILLER Amount 50.00 5.00 5.00 50.00 50.00 6.00 15.00 20.00 108.50 20.00 Total 329.50 6.00 Sum: 5.00 Sum: 5.00 Sum: 6.00 5.00 5.00 Pate: 5/28/2014 Time: 08:23 AM Page 2 of 8 Plaintiff Name: Address: Phone: Employer: Litigant Type: Comment: Attorneys Naddeo, James A. Defendant Name: Address: Phone: Employer: Litigant Type: Comment: Clearfield County Court of Common Pleas Complete Case History Case: 2012 -01816 -CD Tracy L. Brumbaughvs.Margaret Graf, etal. Brumbaugh, Tracy L. 857 Teutonic Avenue Houtzdale Home: PA 16651 Work: Shff Hawkins costs pd by Naddeo $31.50 Cumberland Co costs pd by Naddeo $44.95 Graf, Margaret 3581 Ritner Highway Newville Home: Attorneys Lucas , Christopher S. Defendant Name: Address: SSN: DOB: Sex: Send notices: Y (Primary attorney) Send Notices PA 17541 Work: (Primary attorney) Ritner Boarding and Training Kennel 3581 Rinter Highway Newville Phone: Home: Employer: Litigant Type: Comment: Attorneys Lucas , Christopher S. Hearings PA 17241 Work: SSN: DOB: Sex: Send notices: Y Send Notices SSN: DOB: Sex: Send notices: Y (Primary attorney) Send Notices From To Judge 2/28/2013 10:00 AM 2/28/2013 11:00 AM Ammerman, Fredric Joseph Plaint pet for Leave to Amend Pleadings 9/5/2013 11:30 AM 9/5/2013 12:00 PM Ammerman, Fredric Pre -Trial Conference Joseph Type Argument non jury; 1 day 12/23/2013 09:00 AM 12/23/2013 04:00 PN Ammerman, Fredric Joseph 5/22/2014 01:30 PM 5/22/2014 02:30 PM Ammerman, Fredric Joseph Def. Motions to Strike AND Def Motion for Post Trial Relief AND Plaint Praecipe to Transmit Record Non Jury Trial Motion to Strike User: LMILLER Date: 5/28/2014 Time: 08:23 AM Page 3 of 8 Register of Actions 11/30/2012 New Case Filed. 1/7/2013 1/14/2013 1/25/2013 1/30/2013 1/31/2013 2/11/2013 3/1/2013 3/4/2013 3/13/2013 3/26/2013 Clearfield County Court of Common Pleas Complete Case History Case: 2012 -01816 -CD Tracy L. Brumbaughvs.Margaret Graf, etal. Filing: Civil Complaint Paid by: Naddeo, James A. (attorney for Brumbaugh, Tracy L.) Receipt number: 1947869 Dated: 11/30/2012 Amount: $108.50 (Check) For: Brumbaugh, Tracy L. (plaintiff) 1CC Atty Naddeo. Case Filed. New Action, Contract (Buyer Plaintiff) Respondent's Answer, filed by s/Christopher S. Lucas Esq. 1CC Atty Lucas. Sheriff Return, NOW, December 3, 2012, Sheriff of Cumberland County was deputized. December 21, 2013 at 4:58 pm Served the within Complaint on Margaret Graf d/b/a Ritner Boarding and Training Kennel. So Answers, Chester A. Hawkins, Sheriff by s/Marilyn Hamm Shff Hawkins costs pd by Naddeo $31.50 Cumberland Co costs pd by Naddeo $44.95 Petition For Leave to Amend Pleadings, filed by s/ James A. Naddeo, Esq. 1 CC Atty. Naddeo Rule, this 30th of Jan., 2013, a rule is issued upon Defendant. Defendant shall file an answer to the petition within 20 days of this date. Argument shall be held on the 28th of Feb., 2013 in Courtroom 2 at 10:00 a.m. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. CC to Atty. Certificate of Service, filed no cert. copies Served copy Petition for Leave to Amend Pleadings on Atty. Lucas Respondent's Answer to Rule to Show Cause Re: Petitioner's Petition to Amend Complaint, filed by s/ Christopher S Lucas Esq. No CC. Order, Cert. to Atty. Lucas and Naddeo NOW, this 28th day of Feb., 2013 RE: Petition to amend complaint, Plaintiff shall have 10 days to file amended complaint. Amended Complaint, filed by Atty. Naddeo 1 Cert. to Atty. Answer and New Matter, filed by s/ Christopher S. Lucas, Esq. 1CC Atty. Lucas Answer to Defendants New Matter, filed by s/ James A. Naddeo, Esq. 1 CC Atty. Naddeo No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, No Judge, Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph User: LMILLER Date: 5/28/2014 Time: 08:23 AM Page 4 of 8 Clearfield County Court of Common Pleas Complete Case History Case: 2012 -01816 -CD Tracy L. Brumbaughvs.Margaret Graf, etal. Register of Actions 4/8/2013 Certificate of Service. On April 8th, 2013, a Notice of Taking Deposition of Margaret Graf was served on Christopher S. Lucas, esq., and Love Court Reporting via first-class mail, postage prepaid. Filed by s/James A. Naddeo. 2CC atty. 5/16/2013 Certificate of Service, the Plaintiffs Request for Production of documents Directed to Defendant was served on Christopher S. Lucas, Esq. on the 16th of May, 2013 by First -Class Mail, Postage Prepaid. Filed by s/ James A. Naddeo, Esq. No CC 7/1/2013 Motion To Compel, filed by s/ James A. Naddeo, Esq. 1 CC Atty. Naddeo 7/2/2013 Order, this 2nd of July, 2013, it is Ordered that Defendant is directed to serve answers to the discovery no later than 25 days from the date of this order. By The Court, /s/Fredric J. Ammerman, Pres. Judge. 1 CC Atty. Naddeo 7/3/2013 Certificate of Service, a certified copy of Motion to Compel and Order was served on Christopher S. Lucas on the 3rd of July, 2013 by First -Class Mail, Postage Prepaid. filed by s/ James A. Naddeo, Esq. No CC 7/8/2013 Respondent's Answer to Petitioner's Motion to Compel Discovery, filed by s/ Christopher S. Lucas Esq. No CC. 7/11/2013 Certificate of Readiness for Non -Jury Trial, filed by s/ James A. Naddeo, Esq. 3CC Atty. Naddeo Certificate of Service filed. On July 11th, 2013, a true and correct copy of Plffs Praecipe to List for Trial was served upon First -Class Mail, Postage prepaid. Filed by s/James A. Naddeo, Esq. 3CC Atty Naddeo. 7/16/2013 Order, this 15th of July, 2013, a pre-trial conference is scheduled for Sept. 5, 2013 at 11:30 a.m. in Judge Ammerman's Chambers. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. 1 CC & memo to Attys: Naddeo, Lucas 8/29/2013 Certificate of Service, Plaintiffs Pre -Trial Statement was served on Christopher S. Lucas, Esq. by First -Class Mail, Postage Prepaid on the 29th of Aug., 2013. Filed by s/ James A. Naddeo, Esq. No CC 9/9/2013 Order, this 5th of Sept., 2013, a one day non jury trial is scheduled for Dec. 23, 2013 at 9:00 a.m. in Courtroom 1. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. 1 CC Attys: Naddeo, C. Lucas Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric. Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph User: LMILLER Date: 5/28/2014 Time: 08:23 AM Page 5 of 8 Clearfield County Court of Common Pleas Complete Case History Case: 2012 -01816 -CD Tracy L. Brumbaughvs.Margaret Graf, etal. Register of Actions 12/26/2013 Order, this 23rd of Dec., 2013, following the conclusion of nonjury trial, it is Ordered that counsel for both parties submit appropriate post -trial brief to the Court within no more than 35 days from this date. In the event either or both counsel should believe a response brief would be necessary, the same shall be provided to the Court within no more than 45 days from this date. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. 2CC Attys: Naddeo, C. Lucas 1/23/2014 Transcript of Proceedings, filed. Civil Nonjury Trial held before the Honorable Fredric J. Ammerman, President Judge on Monday December 23, 2013. 2/3/2014 Order, this 28th of jan., 2014, following non jury trial on Dec. 23, 2013, the Court finds in favor of the Plaintiff and against the Defendant in breach of contract. Plaintiff is awarded compensatory damages for lost profits in the amount of $18,980.00 plus record costs. By the Court Is/ Fredric J. Ammerman, Pres. Judge. 1CC Attys: Naddeo, C. Lucas ROA for statistical purposes only. 2/18/2014 Filing: Praecipe to Transmit Record. Paid by: Naddeo & Lewis LLC Receipt number: 1953684 Dated: 2/18/2014 Amount: $15.00 (Check) For: Brumbaugh, Tracy L. (plaintiff) 3CC Atty Sayers. Filing: Appeal to High Court Paid by: Christopher S Lucas & Associates Receipt number: 1953706 Dated: 2/18/2014 Amount: $50.00 (Check) For: Graf, Margaret (defendant) Notice of Appeal, Margaret Graf, Respondent/Defendant hereby appeal to the Superior Court of Penna. from the order entered on the 28th of Jan., 2014. Filed by s/ Christopher S. Lucas, Esq. 2CC Atty; 1CC and ck. for 73.50 to Superior Court Statement of Issues, filed by s/ Christopher S. Lucas, Esq. 1CC Atty; 1CC Superior Court Exemplied record issued to Prothonotary of Cumberland County. Certification of docket entries issued to Prothonotary of Cumberland County with check for $35.00 from Naddeo and Lewis. 2/26/2014 Appeal Docket Sheet from Superior Court of Pennsylvania, filed. Docket Number 296 WDA 2014 Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph User: LMILLER Date: 5/28/2014 Time: 08:23 AM Page 6 of 8 Clearfield County Court of Common Pleas Complete Case History Case: 2012 -01816 -CD Tracy L. Brumbaughvs.Margaret Graf, etal. Register of Actions 3/4/2014 Order, this 27th of Feb., 2014, it is Ordered that Margaret Graf, file a concise statement of the matters complained of on appeal no later than 21 days herefrom. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. 1CC attys: Naddeo, C. Lucas 3/27/2014 Filing: Praecipe for Judgment Paid by: Naddeo & Lewis LLC Receipt number: 1954235 Dated: 3/27/2014 Amount: $20.00 (Check) For: Brumbaugh, Tracy L. (plaintiff) Judgment entered in favor of the Plaintiff and against the defendants in the amount of $18,980.00. 2CC Atty and 1CC & notice to deft. Disposition (for statistical purposes only) 4/3/2014 Filing: Praecipe for Judgment, Paid by: Naddeo, James A., Esq. Receipt number: 1954340 Dated: 4/3/2014 Amount: $20.00 (Check) For: Brumbaugh, Tracy L. (plaintiff) judgment for Plaintiff and against the Defendants in the amount of $18,980.00 plus record costs in accordance with the Courts Order entered on Jan. 28, 2014. Filed by s/ James A. Naddeo, Esq. 1CC Atty. Naddeo; 1 Statement to Atty. Naddeo; 1 Notice to Defendant Filed by s/ James A. Naddeo, Esq. 1CC Atty. Naddeo, Notice to Def. (Envelope provided by Atty. Naddeo) 4/7/2014 Defendant's Motion for Post -Trial Relief Pursuant to Rule 227.1, filed by s/Christopher S. Lucas, Esq. 1CC Atty. Lucas Defendants Motion to Strike The February 3rd and March 27th Entries of Judgment, filed by s/ Christopher S. Lucas, Esq. 1CC Atty. Lucas 4/10/2014 Defendant's Motion to Strike the February 3rd and March 27th Entries of Judgment, filed by s/ Christopher S. Lucas Esq. 1CC Atty Lucas 4/16/2014 Order, this 15th of April, 2014, the Court notes and orders: (see original). Argument on the Defendant's Motions is hereby scheduled for the 22nd of May, 2014 at 1:30 P.M. in Courtroom 1. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. 1CC Attys: Naddeo, C. Lucas 4/22/2014 Praecipe to Transmit Record, filed by s/ Ryan P. Sayers, Esq. 2CC Atty. Sayers Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph User: LMILLER Date: 5/28/2014 Time: 08:23 AM Page 7 of 8 Clearfield County Court of Common Pleas Complete Case History Case: 2012 -01816 -CD Tracy L. Brumbaughvs.Margaret Graf, etal. Register of Actions 4/22/2014 Rule Returnable, NOW, this 21st of April, 2014, a Rule is issued upon the parties to show cause why the Praecipe to Transmit Record should/should not be granted. Hearing will be held on the 22nd of May, 2014, at 1:30 p.m. in Courtroom 1. By The Court, /s/ Fredric J. Ammerman, Pres. Judge. 2CC atty. Sayers 4/24/2014 Defendant's Motion to Reconsider the Judgment Entered on March 27th for the Purpose of Permitting Argument on Post Trial Motions and Related Matters to be Resolved before the Appeal Deadline Rune on April 26th, filed by s/ Christopher S Lucas Esq. 1CC Atty Lucas. 4/28/2014 Filing: Appeal to High Court Paid by: Lucas, Christopher S. (attorney for Graf, Margaret) Receipt number: 1954668 Dated: 4/28/2014 Amount: $50.00 (Check) For: Graf, Margaret (defendant) Order for Transcript, filed by s/ Christopher S Lucas Esq. 4CC Atty and 1CC Superior Court. 5/5/2014 Appeal Docket Sheet FILED. Docket Number 693 WDA 2014 5/8/2014 Praecipe to Attach, filed by s/ Christopher S Lucas Esq. 1CC Superior Court. Filing: Notice of Appeal. Paid by: Christopher S Lucas Esq. Receipt number: 1954823 Dated: 5/8/2014 Amount: $50.00 (Check) For: Graf, Margaret (defendant) 1 CC & check for $73.50 to Superior Court. Order for Transcript, filed by s/ Christopher S Lucas Esq. No CC. Motion to Preclude Filing of Any Additional Praecipes to Enter the Order of February 3rd, 2014 Without Leave of Court filed by s/Christopher S. Lucas. 1CC Atty Lucas. Order filed. Now, this May 8th, 2014, it is the ORDER of this Court that Said Motion to preclude filing of any additional praecipes to enter the Order of Feb. 3rd, 2014 without Leave of Court is DISMISSED as it is moot. No Judgment was entered by the court on Feb. 3rd, 2014. By the Court, /s/Fredric J. Ammerman, President judge. 2CC Atty Lucas. 5/14/2014 Miscellaneous Filing, Order of Court from Superior court of Pennsylvania, filed by Deputy Prothonotary, 1 cc. 5/16/2014 Appeal Docket Sheet, filed. Docket Number 765 WDA 2014 Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph Ammerman, Fredric Joseph User: LMILLER Date: 5/28/2014 Time: 08:23 AM Page 8 of 8 Disposition Order date 03/27/2014 Comment: Plaintiff: Defendant: Disposition Order date 04/03/2014 Comment: Plaintiff: Defendant: In Favor Of Plaintiff $18,980.00 Brumbaugh, Tracy L. Graf, Margaret Ritner Boarding and Training Kennel Clearfield County Court of Common Pleas Complete Case History Case: 2012 -01816 -CD Tracy L. Brumbaughvs.Margaret Graf, etal. Disposition Judgment 03/27/2014 Open Court Ordered In Favor Of Plaintiff $18,980.00 Brumbaugh, Tracy L. Graf, Margaret Ritner Boarding and Training Kennel I hereby certify this to be a true and attested copy of the original statement filed in this case. Disposition Judgment 04/03/2014 Open Court Ordered User: LMILLER OFFICE OF THE PROTHONOTARY AND CLERK OF COURTS CLEARFIELD COUNTY BRIAN K SPENCER PROTHONOTARY AND CLERK OF COURTS BSPENCER@CLEARFI ELDCO.ORG STEPHEN A MARSHALL DEPUTY PROTHONOTARY SMARSHA LL@C L EAR FI E LDCO.ORG Mr. David D. Buell Prothonotary of Cumberland County 1 Courthouse Square, Suite 100 Carlisle, Pennsylvania 17013 PO Box 549 Clearfield PA 16830 (814) 765-2641 Ext. 5013 FAX (814) 765-7659 May 27, 2014 Re: Brumbaugh v. Graf, 2012 -1816 -CD Dear Mr. Buell, GARY A KNARESBORO, ESQUIRE SOLICITOR KNARESBOROLA W FI RM@G MA I L.COM LYNN MILLER ADMINISTRATIVE ASSISTANT LMILLER@CLEARFIELDCO.ORG Please find enclosed a Certification of Docket Entries and Judgment in the above - captioned case. A judgment was entered in this matter in favor of Tracy L. Bumbaugh and against Margaret Graf d/b/a Ritner Boarding and Training Kennel on March 27, 2014, in the amount of $18,980.00. Please note that this office, in error, sent you a Certification of Docket Entries and Judgment dated March 7, 2014. Said document stated that a judgment was entered against Margaret Graf d/b/a Ritner Boarding and Training Kennel on February 3, 2014. This was an incorrect statement as no judgment was entered on that date. February 3, 2014 was the date of the docketing of the Court's holding, not the entry of a judgment. Therefore, the judgment currently entered on your dockets is invalid. caused. Thank you for your time in this matter. I apologize for any confusion this error may have Sir cerely, Brian K. Spencer, Prothonotary/Clerk of Courts IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRACY L. BRUMBAUGH, PLAINTIFF v. No. 14-1542 MARGARET GRAF D/B/A RITNER BOARDING AND TRAINING KENNEL DEFENDANT PETITIONER/DEFENDANT MARGARET GRAF'S PETITION TO STRIKE JUDGMENT Petitioner/Defendant Margaret Graf ("Defendant"), by and through her undersigned counsel, petitions -to strike off judgment, and in support thereof alleges as follows: 1. No judge has entered a ruling in this matter in Cumberland County. See C.C.R.P. 208.3(a)(2). Procedural Background 2. On or about November 30, 2012, Respondent/Plaintiff Tracey L. Brumbaugh ("Plaintiff') filed a Complaint against Margaret Graf in the Clearfield County Court of Common Pleas. 3. Non jury trial was held in Clearfield County on December 23, 2013 before The Honorable Fredric J. Ammerman. 1 4. By Order dated January 28, 2014, Judge Ammerman found in favor of Petitioner and awarded damages in the amount of $18,980.00. 5. On February 3, 2014, the Clearfield County Prothonotary, apparently without direction from the Court or the parties, entered judgment on the Court's January 28, 2014 Order. 6. The Prothonotary entered judgment prior to the expiration of the ten day period for filing post -trial motions under Pennsylvania Rule of Civil Procedure 227.1(c). 7. Moreover, Defendant did not receive the Court's January 28, 2014 Order, and it does not appear of record that it was mailed, until after it was entered as judgment on the docket. 8. On February 11, 2014, Defendant filed a Notice of Appeal from the Court's February 3, 2014 judgment, in order to preserve appellate rights. 9. On February 18, 2014, while appeal was pending in the Pennsylvania Superior Court, Plaintiff filed a praecipe with the Clearfield County Prothonotary to certify judgment and transmit an exemplified record to the Cumberland County Prothonotary. 10. On March 17, 2014, the certification of docket entries and judgment was filed with the Cumberland County Prothonotary at docket no. 14-1542. A true 2 and correct copy of the certification of docket entries and judgment is attached as Exhibit 1. 11. On March 27, 2014, also while appeal was pending, Plaintiff requested and the Clearfield County Prothonotary again entered a judgment on the docket. 12. By Order dated March 31, 2014, the Pennsylvania Superior Court dismissed the appeal and remanded the matter to the Clearfield County Court of Common Pleas "without prejudice for Appellant to seek permission to file post- trial motions nunc pro tunc in the trial court." 13. On April 3, 2014, Plaintiff again requested and the Clearfield County Prothonotary entered — for the third time — a judgment on the docket. 14. On April 7, 2014, Defendant filed a post -trial motion nunc pro tunc. Defendant also filed a motion to strike the February 3, 2014 and March 27, 2014 entries of judgment. 15. On April 10, 2014, after receipt of Plaintiff's April 3, 2014 judgment, Defendant filed an amended motion to strike to include the April 3, 2014 judgment. 16. On April 22, 2014, Plaintiff again filed a praecipe with the Clearfield County Prothonotary to certify judgment and transmit an exemplified record to the Cumberland County Prothonotary. 3 17. On April 24, 2014, Defendant filed a Notice of Appeal from the Court's March 27, 2014 judgment, in order to preserve appellate rights. 18. Additionally, on April 30, 2014, Defendant filed a Notice of Appeal from the Court's April 3, 2014 judgment, in order to preserve appellate rights. 19. On May 22, 2014, Judge Ammerman heard argument on Defendant's Post -Trial Motion Nunc Pro Tunc. 20. By Opinion dated May 23, 2014, Judge Ammerman stated that he did not have jurisdiction to handle the case while appeals were pending and that he would await instruction from. the Superior Court. 21. By Order dated May 27, 2014, the Superior Court quashed the appeals of the March 27 and April 3, 2014 Orders without prejudice to seek permission to file post -trial motions nunc pro tunc and relinquished jurisdiction. 22. On May 30, 2014, a corrected certification of docket entries and judgment was filed with the Cumberland County Prothonotary at docket no. 14- 1542. A true and correct copy of the corrected certification of docket entries and judgment is attached as Exhibit 2. 23. On or about June 9, Defendant filed with Judge Ammerman a Motion for Permission to File and for Hearing on Respondent/Defendant Margaret Graf s Post -Trial Motion Nunc Pro Tunc. 24. By Order dated June 16, 2014, Judge Ammerman issued a rule to show cause why Defendant's post -trial motion should not be granted. Judge Ammerman directed Plaintiff to file an answer on or before June 26, 2014. The Certified Judgment Entered in Cumberland County Should be Stricken 25. The certified judgment entered in Cumberland County at docket number 14-1542 should be stricken. See Exhibits 1-2. 26. The certified judgment was entered in Cumberland County upon Plaintiff's praecipe following entry of three judgments in Clearfield County. 27. All three (3) Clearfield County judgments were invalidly entered by the Clearfield County Prothonotary. 28. A judgment is void where entered by a prothonotary acting beyond his/her authority. Gowalt v. Dellinger, 577 A.2d 623 (Pa. 1990); Helms v. Boyle, 637 A.2d 630 (Pa. Super Ct. 1994). 29. In Gowalt, the prothonotary entered judgment against plaintiff upon defendant's praecipe under Pa. R.C.P. 1037, for failure to respond to defendant's new matter. Gowalt, 577 A.2d at 624. The trial court denied plaintiffs motion to strike the judgment; plaintiff appealed. Id. 30. On appeal, the Supreme Court held that the judgment was void because the prothonotary exceeded his authority under Pa. R.C.P. 1037. Id. at 626. The Supreme Court ordered the judgment to be stricken from the record. Id. 5 31. Likewise, here, the Clearfield County Prothonotary three times entered judgment against Defendant without authority. 32. First, the Clearfield County Prothonotary wrongly entered the February 3, 2014 judgment, without direction from the Court or parties, before the expiration of the ten (10) day post -trial motion period. See Pa. R.C.P. 227.1(c), 227.4. 33. The Prothonotary entered the February 3, 2014 judgment on the Court's January 28, 2014 Order before the expiration of the ten (10) day post -trial motion period. See Pa. R.C.P. 227.1(c). 34. The Prothonotary's error, thus, prevented Defendant from filing post- trial motions in accordance with Pa. R.C.P. 227.1(c). 35. Moreover, under Rule 227.4, a prothonotary is only permitted to enter judgment "upon praecipe of party." Pa. R.C.P. 227.4. 36. The Prothonotary entered the February 3, 2014 without any praecipe or other direction from the court. 37. Thus, the February 3, 2014 judgment was entered outside the Prothonotary's authority and in violation of the Pennsylvania Rules of Civil Procedure. 6 38. Second, the Clearfield County Prothonotary wrongfully entered the March 27, 2014 judgment while the case was on appeal to the Pennsylvania Superior Court. 39. The Pennsylvania Rules of Appellate Procedure mandate that "after an appeal is taken ... the trial court ... may no longer proceed further in the matter." Pa. R.A.P. 1701(a). 40. The Prothonotary entered the March 27, 2014 judgment while the matter was on appeal to the Pennsylvania Superior Court. 41. By entry of judgment, the Prothonotary caused the Court to "proceed further in the matter" in violation of Rule 1701(a). Pa. R.A.P. 1701(a). 42. Thus, the March 27, 2014 judgment was entered outside the Prothonotary's authority and in violation of the Pennsylvania Rules of Appellate Procedure. 43. Third, the Clearfield County Prothonotary wrongly entered the April 3, 2014 judgment prior to consideration of post -trial motions and against Superior Court Order. 44. The Superior Court's Order, remanding the matter to the Clearfield County Court of Common Pleas for permission to file post -trial motions, was entered on March 31, 2014. 7 45. The Prothonotary entered judgment on April 3, 2014, only four (4) days after the matter was remanded. See Pa. R.C.P. 227.1(c)(2) ("[p]ost-trial motions shall be filed within ten days.") 46. The Prothonotary, thus, again entered judgment before the expiration of time to file post -trial motions. See id. 47. Indeed, Defendant filed her post -trial motion on April 7, 2014, within ten (10) days after the Superior Court's Order. 48. Thus, the April 3, 2014 judgment was entered outside the Prothonotary's authority, in violation of Pennsylvania Rules of Civil Procedure and Superior Court Order. 49. In total, the Clearfield County Prothonotary entered judgment three times without opportunity for decision on post -trial motions. 50. There is currently a rule to show cause issued on Defendant's post- trial motion, with Plaintiff's answer due on June 26, 2014. 51. Additionally, Defendant's motions to strike all three (3) judgments — based on the Prothonotary's errors as set forth herein — are currently pending in Clearfield County. 52. For these reasons, the Cumberland County certified judgment should be stricken. 8 53. The February 3, March 27, and April 3, 2014 judgments were entered in violation of Pennsylvania Rule and outside the authority of the Clearfield County Prothonotary. 54. Accordingly, the Clearfield County judgments — on which the Cumberland County certified judgment is based — are invalid. WHEREFORE, Petitioner/Defendant Margaret Graf respectfully requests that this Court strike off the certified judgment entered in Cumberland County at docket number 14-1542. Date: G I Respectfully submitted, Christopher S. Lucas PA ID No. 77903 Attorneys for Petitioner/Defendant Christopher S. Lucas & Associates 2917 Glenwood Rd. Camp Hill, PA 17011 717.737.4155 voice 717.737.4156 facsimile cslucas@lucashealthlaw.com CERTIFICATE OF SERVICE I, Christopher S. Lucas, hereby certify on this date that I served copies of the foregoing document by first class mail: James Naddeo, Esq. PO BOX 552 Clearfield, PA 16830 Attorney for Respondent/Plaintiff Tracey Brumbaugh Date: 6 Christopher S. Lucas 0 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRACY L. BRUMBAUGH, • PLAINTIFF No. 144542 MARGARET GRAF D/B/A • RITNER BOARDING AND • Nr r. TRAINING KENNEL r` " DEFENDANT ORDER AND NOW, this Atli*day of _, 2014, upon consideration of the foregoing petition, it is hereby ordered that: (I) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 41210 (2) the respondent shall file an answer to the petition within days of this date; (3) the petition shall be decided under Pa. R.C.P. No. 206.7; (4) depositions shall be completed within 410 days of this date; e)..14-54:7° D A •M• S "fi 3 (5) argument shall be held on , m Courtroom No. _ of the Cumberland County Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the petitioner. BY THE T J. i es' P?�: nity J. AJadclio A+4.1 C , 1,14.4as t.last y 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRACY L. BRUMBAUGH, Plaintiff, v. MARGARET GRAF d/b/a RITNER BOARDING AND TRAINING KENNEL, Defendant. Dated: July 11, 2014 No. 14 - 1542 () cry 7.4 /3 n� 'C 0¶ 1-� Type of Pleading: ANSWER TO DEFENDANT'S PETITION TO STRIKE JUDGMENT Filed on Behalf of: Plaintiff Counsel of Record For this Party: James A. Naddeo, Esquire Supreme Court ID No.: 06820 Ryan P. Sayers, Esquire Supreme Court ID No.: 313682 NADDEO & LEWIS, LLC 207 East Market Street PO Box 552 Clearfield, PA 16830 Tel: (814) 765-1601 Fax: (814) 765-8142 naddeolaw@verizon.net IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRACY L. BRUMBAUGH, Plaintiff, v. MARGARET GRAF d/b/a RITNER BOARDING AND TRAINING KENNEL, Defendant. No. 14 - 1542 ANSWER TO DEFENDANT'S MOTION FOR PERMISSION TO FILE POST -TRIAL MOTION NUNC PRO TUNC NOW COMES, Respondent/Plaintiff, TRACY L. BRUMBAUGH, by and through her attorney, James A. Naddeo, Esquire, to set forth the following Answer to Movant/Defendant's Motion for Permission to File Post -Trial Motion Nunc Pro Tunc: 1. No answer is required. Procedural Background 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. On the contrary, the Prothonotary did not enter judgment, but instead incorrectly indexed the Honorable Court's verdict on the docket. 6. Denied. See Respondent/Plaintiff's response to paragraph 5 of this Answer, which is incorporated hereto. 7. Denied. After reasonable investigation Respondent/Plaintiff is without knowledge or information sufficient to form a belief as to the truth of said allegation and strict proof thereof is demanded thereof to the extent that the same may be relevant. 8. Admitted in part, denied in part. It is admitted that the Movant/Defendant filed a Notice of Appeal on or about February 3, 2014. The remained of said paragraph is denied because after reasonable investigation Respondent/Plaintiff is unable to determinate the truth of said allegation and strict proof thereof is demanded thereof to the extent that the same may be relevant. 9.' Admitted. 10. Admitted. J 11. Admitted in part, denied in part. It is admitted that Respondent/Plaintiff praeciped the Clearfield County Prothonotary to enter judgment on March 27, 2014. However, it is denied that that Respondent/Plaintiff had requested the entry of judgment more than once at that point in time. 12. Admitted. 13. Admitted in part, denied in part. It is admitted that Respondent/Plaintiff praeciped the Clearfield County Prothonotary to enter the judgment on April 3, 2014. It is denied that this was the third time because one of the so-called `judgments' was an incorrect indexing on the docket. 14. Admitted in part, denied in part. It is admitted that Defendant filed motions for post -trial relief, and to strike the `judgments' of February 3, 2014, and March 27, 2014. However, it is denied that Defendant's post -trial motion was labeled as nunc pro tunc. 15. Admitted. 16. Admitted. 17. Admitted in part, denied in part. It is admitted that the Movant/Defendant filed, a Notice of Appeal on or about March 2.7, 2014. The remained of said paragraph is denied because after reasonable investigation Respondent/Plaintiff is unable to determinate the truth of said allegation and strict proof thereof is demanded thereof to the extent that the same may be relevant. 18. Admitted in part, denied in part. It is admitted that the Movant/Defendant filed a Notice of Appeal on or about April 30, 2014. The remained of said paragraph is denied because after reasonable investigation Respondent/Plaintiff is unable to determinate the truth of said allegation and strict proof thereof is demanded thereof to the extent that the same may be relevant. 19. Denied. On the contrar, On May 22, 2014, the Honorable Court was scheduled to hear arguments on Movant/Defendant's Motion to Strike of April 3, 2014. 20. Admitted. 21. Admitted. 22. Admitted. 23. Admitted. 24. Admitted. The Certified Judgment Entered in Cumberland County Should be Stricken 25. Conclusion of law to which no answer is required. 26. Admitted in part, denied in part. It is admitted that a certified judgment was entered in Cumberland County upon Plaintiff's praecipe. However, it is denied that it was following the entry of three judgments in Clearfield County. 27. Conclusion of law to which no answer is required. 28. No response required. 29. No response required. 30. No response required. 31. Conclusion of law to which no answer is required. 32. Conclusion of law to which no answer is required. 33. Conclusion of law to which no answer is required. 34. Conclusion of law to which no answer is required. 35. Conclusion of law to which no answer is required. 36. Denied. After reasonable investigation Respondent/Plaintiff is unable to determinate the truth of said allegation and strict proof thereof is demanded thereof to the extent that the same may be relevant. 37. Conclusion of law to which no answer is required. 38. Conclusion of law to which no answer is required. 39. No response required. 40. Admitted. 41. Conclusion of law to which no answer is required. 42. Conclusion of law to which no answer is required. 43. Conclusion of law to which no answer is required. 44. Admitted. 45. Admitted. 46. Conclusion of law to which no answer is required. 47. Admitted. 48. Conclusion of law to which no answer is required. 49. Conclusion of law to which no answer is required. 50. Admitted. 51. Admitted in part, conclusion of law in part. It is admitted that there are motions to strike pending before the Honorable Court in Clearfield County. The remained of this paragraph is a conclusion of law to which no answer is required. 52. No answer required. 53. Conclusion of law to which no answer is required. 54. Conclusion of law to which no answer is required. In further response hereto, the Honorable Court of Clearfield County has yet to rule on the validity of the judgments entered in Clearfield County, which makes this Petition by Ms. Graf premature. WHEREFORE, Respondent/Plaintiff, Tracy L. Brumbaugh, respectfully requests that this Honorable Court deny Petitioner's/Defendant's Petition to Strike Judgment. Respectfully submitted, NADDEO & LEWIS, LLC 4r es A. Naddeo, Esq. ttorney for Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRACY L. BRUMBAUGH, Plaintiff, v. MARGARET GRAF d/b/a RITNER BOARDING AND TRAINING KENNEL, Defendant. No. 14 - 1542 CERTIFICATE OF SERVICE I, James A. Naddeo, Esquire, do hereby certify that a true and correct copy of Respondent/Plaintiff's Brief Answer to Defendant's Petition to Strike Judgment filed in the above - captioned case was served on the following and in the following manner on the 11th day of July, 2014: First -Class Mail, Postage Prepaid Christopher S. Lucas, Esquire 2917 Glenwood Road Camp Hill, PA 17011 NADDEO & LEWIS, LLC 7 mes A. Nadd o, Esquire ttorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRACY L. BRUMBAUGH, Plaintiff, v. MARGARET GRAF d/b/a RITNER BOARDING AND TRAINING KENNEL; Defendant. No. 14 - 1542 *11 ,e- .,.� .11 f Type of Case: CONTRACT Type of Pleading: CERTIFICATE OF SERVICE Filed on Behalf of: Plaintiff Counsel of Record For this Party: JAMES A. NADDEO, ESQUIRE Supreme Court ID No.: 06820 Naddeo & Lewis,. LLC 207 East Market Street PO Box 552 Clearfield, PA 16830 814-765-1601 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRACY L. BRUMBAUGH, Plaintiff, v. MARGARET GRAF d/b/a RITNER BOARDING AND TRAINING KENNEL, Defendant. No: 14 - 1542 CERTIFICATE OF SERVICE I, James A. Naddeo, Esquire, do hereby certify that a certified copy of Answer to Defendant's Petition to Strike Judgment filed in the above -captioned case was served on the following and in the following manner on the 18th day of July, 2014: First -Class Mail, Postage Prepaid Christopher S. Lucas, Esquire 2917 Glenwood Road Camp Hill, PA 17011 NADDEO & LEWIS, LLC J.mes A. Na deo, Esquire A torney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRACY L. BRUMBAUGH, PLAINTIFF v. No. 14-1542 MARGARET GRAF D/B/A RITNER BOARDING AND TRAINING KENNEL DEFENDANT • • PETITIONER/DEFENDANT MARGARET GRAF'S UNOPPOSED MOTION TO WITHDRAW PETITION TO STRIKE JUDGMENT Petitioner/Defendant Margaret Graf ("Defendant"), by and through her undersigned counsel, wishes to withdraw her Petition to Strike, and in support thereof alleges as follows: 1. Events, including the sale of Petitioner's farm and establishment of an escrow fund to pay any eventual judgment, as well as an appeal of the underlying judgment to the Superior Court have rendered the Petition to Strike moot. 2. Accordingly, Petitioner wishes to withdraw her Petition to Strike and such withdrawal is not opposed by opposing counsel. WHEREFORE, Petitioner Margaret Graf respectfully requests that she be permitted to withdraw her Motion to Strike at docket number 14-1542. Date: Respectfully submitted, Christopher S. Lucas PA ID No. 77903 Attorneys for Petitioner/Defendant Christopher S. Lucas & Associates 2917 Glenwood Rd. Camp Hill, PA 17011 717.737.4155 voice 717.737.4156 facsimile cslucas@lucashealthlaw.com CERTIFICATE OF SERVICE I, Christopher S. Lucas, hereby certify on this date that I served copies of the foregoing document by email and first class mail: Date: James Naddeo, Esq. PO BOX 552 Clearfield, PA 16830 Attorney for Respondent/Plaintiff Tracey Brumbaugh Christopher S. Lucas IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRACY L. BRUMBAUGH, PLAINTIFF v. No. 14-1542 MARGARET GRAF D/B/A RITNER BOARDING AND TRAINING KENNEL DEFENDANT r ORDER AND NOW, this a 4 day of 2014, upon consideration of the foregoing petition, it is hereby ordered that: (1) a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition within days of this date; 0 (3,) the petition shall be decided under Pa. R.C.P. No. 206.7; (4) depositions shall be completed within 46days of this date; , in Courtroom No. (5) argument shall be held on of the Cumberland Co Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the petitioner. 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION TRACY L. BRUMBAUGH, PLAINTIFF v. No. 14-1542 MARGARET GRAF D/B/A RITNER BOARDING AND TRAINING KENNEL DEFENDANT PROPOSED ORDER AND NOW, this day of , 2014, upon consideration of the foregoing petition, it is hereby ordered that Petitioner's Petition to Strike is withdrawn as moot. Co 'es 02a.lick ithcidEo 614 CL0 y BY THE COURT No .4- cr) rn r\)