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Home My WebLink About14-1907 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL 9th Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE 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 Magisterial District Judge on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ Steve Juzbasic MDJ- 09 -1 -01 Honorable Charles A. Clemen Jr ADDRESS OF APPELLANT CITY STATE ZIP CODE 142 16th Street New Cumberland PA 17070 DATE OF JUDGMENT IN I HE 77: UP (1-1 n an 3/19/2014 Steve Juzbasic S rias DOCKET No. SIGNATURE OF APPELLA ATTOR Y OR AGE MJ- 09101 -CV- 0000045 -2014 This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in act on R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20) days afterfiling the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name ofappellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) ame 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 Prothonotary or Deputy YOU MUST INCLUDE A COPY b`F - YA I I� NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. The appellee and the magisterial distr ydget in wh Jse q>f 4i j dgment was rendered must be served with a copy of this Notice pursuant to Pa.R.C.P.M.D.J. 1005(A)h 1 >�i 0 I J So pt J cc— 'I AOPC 312 -05 C � �3� 37V-C'� COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case L . Mag. Dist. No: MDJ- 09 -1 -01 MDJ Name: Honorable Charles A. Clement Jr. Steve Juzbasic Address: 920 Linda Lane V ' Camp Hill, PA 17011 Sherie Arias Telephone: 717- 73 7 -34 34 Steve Juzbasic 142 16th Street Docket No: MJ -091 01 - CV-0000045-2014 New Cumberland, PA 17070 Case Filed: 1/29/2014 Disposition Details Disposition Summary (cc- Cross Complaint) Docket No Plaintiff Defendant MJ 091 01 -CV- 0000045 -2014 Steve Juzbasic Dtsn— °site °n Disposition Date Sherie Arias Judgment for Defendant 03/19/2014 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 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. So° 3/19/2014 Date ` certi t at t is is a true and correct copy o t e recor o t e procee mgs ongain ng I t D e ltudgmenge Charles A. Clement Jr. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 03/19/2014 11:54:48AM Steve Juzbasic V. Docket No.: MJ- 09101 -CV- 0000045 -2014 Shene Arias Panic; pant Lls# : Plaintiff(s) Steve Juzbasic 142 16th Street New Cumberland, PA 17070 Defendant(s) Arias 1729 Weatherburn Dr New Cumberland, PA 17070 Complainant's Attorney(s) Charles E. Petrie, Esq. 3528 Brisban St Harrisburg, PA 17111 -1803 h < > tt f r t P ' l S t� , �yJ• .. MDJS 315 Page 2 of 2 Printed: 03/19/2014 11:54:48AM ij� 2131' APR 114 Pi CUMBERLAND PENNSYLV/- 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.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~"Y (f ;ss AFFIDAVIT: I hereby (swear) (affirm) that I served I Li— \ q0-1 EXI, a copy of the Notice of Appeal, Common Pleas No. , upon the Magisterial District Judge designated therein on (date of service) 20 \`\ ❑ by personal service Vi. by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , onPekAo`S , 20 1 y ❑ by personal servic sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS \O DAY OF t \ 20 N Sig n- ture of official before whom affidavit w.3i ade bt, c Title of official My commission expires on t 113 , 20 1(Q NOTARIAL SEAL RENEE A S STRANGE Notary Public SUSQUEHANNA TWR, DAUPHIN COUNTY My Commission Expires Feb 29, 2016 AOPC 312A - 05 by (certified) (registered) mail, 1� 11 I) Signatudyof affiant COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 9th Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. /4— J% 7 61--b-, 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 Magisterial District Judge on the date and in the case referenced below. e7iFinEUTAPFM-1 Steve Juzbasic ADDRESS OF APPEL:ANT 142 16th Street DATE OF JUDGMENT 3/19/2014 DOCKET No. IN I LIA.E (Pima?) MAC. DIST. NO. MDJ-09-1-01 rry New Cumberland NAME or MOJ Honorable Charles A. Clement J STATE cO6 PA 17070 mw ww Steve Juzbasic MJ-09101—CV-0000045-2014 S IGNATURE OF APPELLA ries 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 Magisterial District Judge, will operate as a SJPERSEDEAS to the judgment for possession in this case. Signature of Pngtronotaty or Deputy If appellant wa n OR AGE e Pa. .C.P.D. before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appeltee(s) appellee(s), to file a complaint in this appeal (Common Plees No. • ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To appellee(s) Name of appelleo(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 'AFNAlASNP3J YOU MUST INCLUDE A COPY OF THE NOTICE OF J ut..vagENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. The appellee and the.magisterial distriktiDniqg jpi}004epffickiimeludgmant was rendered must be served with a copy of this Notice pursuant to Pa.R.C.P.M.D.J. 1005(A). Signature of Prothonotary or Deputy AOPC 312-05 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece. or on the front if space permits. . Article Addressed to: )-\crio qa-o LXlcls la-n , 0A,,,po\11 Nno0 CO °PLETE THIS SECTION ON DELIVERY A. Signature ❑ Agent ❑ Addressee C Date of Delivery q L'-( D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label, 7012 3050 0001 3812 9727 PS Form 3811, February 2004 N ru N ru r1 rn ri C3 G7 C7 rn nI r9 ti N Domestic Return Receipt 102595 -02 -M -1540 U.S. Postal ServiceTt., CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.coma Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees S nt7y, o_ 3`treet,Ajii Noeeet��{'slPii/�MY;`- cn�r or PO Box No. f City State, Ztff+4 PS Form 3800, August 2006 LAIN& See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Completeitems 1, 2, and 3. Also complete item 4 if Restricterl:Delivery is desired. I Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: \c"5 n/51 0_6cl-ha buM, A Cl,,x■nA-Alot-c\c( VA no-16 0 Agent 0 Addressee C. Date of Delivery B. Received by (Panted Name) D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mall 0 Express Mail O Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service lab( 7012 31350 d ad i i 710 PS Form 3811, February 2004 - _ C:I r1 P- ri c0 rn ci ci ci r-1 u-) ci rn nJ 1-3 ci Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service,. CERTIFIED 11/1All, RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Information visit our webslte at www.usps.como .** Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To El L Prnc&s. .5treer, Apt. No.; or PO Sox No. tat cay, S ZIP+4 , ........ See Reverse for Instructions Supreme Coif Pennsylvania Court of Common leas Cllr Cover- Sheet CUM ?ERLAND County For Prothonotary Use Only: Docket No: /4/ -1707 The it?forrnation collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking Complaint 0 Writ of Summons l Transfer from Another Jurisdiction Lead Plaintiff's Name: STEVE JUZBASIC Lead Defendant's Name: SHERIE ARIAS Dollar Amount Requested: within arbitration limits Are money damages requested? Yes 0 No (check one) l outside arbitration limits Is this a Class Action Suit? 0 Yes *3 No Is this an MDJAppeal? l Yes 0 No Name of Plaintiff /Appellant's Attorney: KEITH E. KENDALL a Self - Represented [Pro Se[ Litigant) Check here if you have no attorney (are Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) O Intentional O Malicious Prosecution O Motor Vehicle 0 Nuisance O Premises Liability • Product Liability (does not include mass tort) Slander /Libel/ Defamation O Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES O Toxic Tort - Implant O Toxic Waste O Other: PROFESSIONAL LIABLITY • Dental O Legal O Medical O Other Professional: CONTRACT (do not include Judgments) ▪ Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other O Employment Dispute: Discrimination Employment Dispute: Other O Other: REAL PROPERTY O Ejectment O Eminent Domain /Condemnation 0 Ground Rent O Landlord/Tenant Dispute O Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition O Quiet Title • Other: CIVIL APPEALS Administrative Agencies O Board of Assessment O Board of Elections • Dept. of Transportation O Statutory Appeal: Other O Zoning Board O Other: MISCELLANEOUS O Common Law /Statutory Arbitration 0 Declaratory Judgment O Mandamus 0 Non - Domestic Relations Restraining Order 0 Quo Warranto Replevin 0 Other: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Steve Juzbasic Plaintiff vs Sherie Arias Defendant Civil No: 2014 -1907 Jury Trial Demanded Civil Action - Law NOTICE TO DEFEND 0 Tn 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 AN 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 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 REDUECED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717- 249 -3166 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STEVE JUZBASIC, • CIVIL NO. 2014 -1907 Plaintiff vs. : JURY TRIAL DEMANDED SHERIE ARIAS, • • • Defendant . CIVIL ACTION — LAW COMPLAINT ALLEGATIONS COMMON TO ALL COUNTS 1. The Plaintiff is Steve Juzbasic ("Plaintiff"), an adult individual, currently residing at 142 16th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is Sherie Arias ( "Defendant "), an adult individual believed to be currently residing at 1729 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania, 17070. COUNT I — REPLEVIN 3. Paragraphs 1 and 2 are incorporated herein, as though set forth in full. 4. The Plaintiff and Defendant were involved in a pre - marital relationship with the Defendant from approximately April, 2013, until December, 2013. 5. In or about July, 2013, the Plaintiff proposed marriage to the Defendant, at the Defendant's residence, which proposal of marriage the Defendant accepted. 1 6. To memorialize the engagement, the Plaintiff purchased and provided the Defendant with an engagement ring, on October 11, 2013, for which he paid $1,365.28; which ring is more fully described in the Sales Receipt therefor, attached hereto as Exhibit A. 7. On July 9, 2013, the Plaintiff also purchased a 2012 Infiniti G37 Sedan Premium for the Defendant, in contemplation of, and on condition of marriage, and paid $29,480.74 for the vehicle, as more fully set forth and described in the Purchase Order attached hereto as Exhibit B. 8. The gifts described in Exhibits A and-13 were purchased by Plaintiff, for Defendant, in contemplation of, and with the expectation by Plaintiff, and agreement of the patties, that the Defendant would marry Plaintiff. 9. At the time of filing hereof, the Defendant had breached her promise of marriage and refused to marry the Plaintiff. 10. The Plaintiff is entitled to return by Defendant of the gifts aforesaid, or their value, from Plaintiff to Defendant, made in contemplation of the marriage of the parties. WHEREFORE, Plaintiff prays, after the trial of this action, that this Court enter judgment in favor of Plaintiff, and against Defendant, and direct the Defendant return to Plaintiff the ring and automobile described hereinbefore or, in the alternative, that the Defendant pay to Plaintiff the equivalent value of such chattels. 2 COUNT II - DEFAMATION OF CHARACTER 11. Paragraphs 1 through 10 hereinbefore are incorporated herein by reference, as though set forth in full. 12. On January 29, 2013, the Defendant lodged a false complaint against the Plaintiff, with the Office of Cumberland County Children and Youth Services ( "CYS "), as more fully set forth in the notification letter from CYS to Plaintiff, attached hereto as Exhibit C. 13. The false accusation by Defendant, that Plaintiff had sexually molested Defendant's son, was investigated by CYS and subsequently determined to be "unfounded," as more fully set forth in the notification thereof to Plaintiff, attached hereto as Exhibit D. 14. The accusation of molestation, by Defendant against Plaintiff, is and was defamatory per se. 15. The accusation was published by Defendant to CYS. 16. The accusation was specifically directed at Plaintiff, as per Exhibit C. 17. The recipient of the accusation, CYS of Cumberland County, was fully aware of the defamatory meaning of the false accusation by Defendant against Plaintiff. 18. The Plaintiff's reputation within the community has been irreparably damaged by Defendant's false allegations of abuse. 3 19. The Defendant had no justification or probable cause to believe that her son had been assaulted by Plaintiff, and therefore abused a conditionally privileged occasion of complaining to authorities about the false accusation. 20. The Plaintiff has suffered severe emotional distress as a result of the Defendant's intentional and defamatory actions. 21. The Defendant's wrongful, wanton, willful, intentional and malicious false allegation that the Plaintiff had committed child abuse is so outrageous as to justify an award of punitive damages in Plaintiff's favor. WHEREFORE, the Plaintiff demands a jury trial as to this claim; and an award thereafter of such compensatory and punitive damages as the Court deems appropriate. COUNT III — DEFAMATION OF CHARACTER 22. Paragraphs 1 through 21 are incorporated herein as though fully set forth. 23. During the month of January, 2014, culminating in a final call on January 26, 2014, the Defendant made six (6) telephone calls to the Lower Allen Township Police Department, falsely accusing the Plaintiff of criminal activity towards her. 24. The Plaintiff did not commit any criminal act towards the Defendant, and this was confirmed by the police investigation of the Defendant's accusations. 25. The accusation by Defendant of criminal conduct by the Plaintiff, is and was defamatory per se. 4 26. The accusation was published by Defendant to the New Cumberland Police Department. 27. The accusation was specifically directed at Plaintiff. 28. The recipient of the accusation, the New Cumberland Police Department, was fully aware of the defamatory meaning of Defendant's false accusations against Plaintiff. 29. The Plaintiff's reputation within the community has been irreparably damaged by Defendant's false allegations of criminal acts. 30. The Defendant had no justification or probable cause to believe that the Plaintiff had committed any criminal act towards her, and therefore abused a conditionally privileged occasion of complaining to authorities about her false accusation of criminal activity. 31. The Plaintiff has suffered severe emotional distress as a result of the Defendant's intentional and defamatory actions. 32. The Defendant's wrongful, wanton, willful, intentional and malicious false allegation that the Plaintiff had committed crimes against her were and are so outrageous as to justify an award of punitive damages in Plaintiff's favor. WHEREFORE, the Plaintiff demands a jury trial as to this claim; and an award thereafter of such compensatory and punitive damages as the Court deems appropriate. 5 COUNT IV — WRONGFUL USE OF CIVIL PROCEEDINGS 33. Paragraphs 1 through 32 are incorporated herein as though fully set forth. 34. On or about January 3, 2014, the Defendant filed a Petition for Protection from Abuse ( "Petition ") against the Plaintiff, at Cumberland County Civil Docket Number 14 — 0025 Civil Term. 35. The Petition was utterly without merit, and was based upon allegations contrived by the Defendant against the Plaintiff. 36. The Defendant initiated meritless civil proceedings against the Plaintiff in the form of the filing of a Petition for Protection from Abuse. 37. In filing the false Petition for Protection from Abuse against the Plaintiff, the Defendant acted in a grossly negligent manner or without probable cause, and primarily for a purpose other than that of securing the adjudication of the claim in which the proceedings were; 38. The proceedings were terminated in favor of the Plaintiff, by the withdrawal and discontinuance of the action, by the Defendant. 39. The Plaintiff has suffered severe emotional distress as a result of the Defendant's intentional and unjustified use of civil proceedings. 40. The Defendant's wrongful, wanton, willful, intentional and malicious false allegation that the Plaintiff had committed abuse against her were and are so outrageous as to justify an award of punitive damages in Plaintiff's favor. 6 WHEREFORE, the Plaintiff demands a jury trial as to this claim; and an award thereafter of such compensatory and punitive damages as the Court deems appropriate. Date: k/ / i B /..) 4.), ti Respectfully submitted, Keith E. Kendall, Esq. PA Attorney ID No. 42910 SCARINGI & SCARINGI, P.C. Attorneys for Plaintiff 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 (717) 657 -7770 (717) 657 -7797 (FAX) keith@scaringilaw.com Sales Receipt Customer: 11736 TM SHERIE ARIAS K NOVINGER JEWELRY DESIGN 1729 WEATHERBURN NEW CUMBERLAND, PA 17070 1200 MARKET STREET, LEMOYNF PA 17093 P 717.972.0553 WWW.KNOVINC[RJEWELRY.COM Telephone: 717- 979 -8947 Sales Receipt # Register Date Salesperson 9000327 -0 1 10/11/13 1 Qty Tax Item Number Style Code Unit Price Sales Price Extended Price Item Description 1 Y S0103107 3 BND BZL RNG 1,288.00 1,288.00 1,288.00 14KT WHITE, PINK, WHITE LOW DOME 3 BND RING W BZL SET RD STONE FINGER SIZE 5. OUTER WHITE GOLD BANDS ARE 2.5MM WIDE, INNER PINK GOLD BAND IS 4MM WIDE. ALL THREE BNDS CONNECTED TOGETHER, BEZEL SOLDERED INTO RINGS. 1 RD DIA ON EACH SIDE OF CENTER BEZEL HAVE CUSTOMER'S RING W CENTER STONE ESTIMATE $1200...CAME TO $1288. Payment(s) Received CASH 08/22/13: 672.00 CASH 10/11/13: 693.28 , Ca- M-, e ,, r e c. cl CcA &• ovl 1/49A-V\- &;t.., tv 9 Ccj ct_t��t & %,z-6 -C' (a-N\ Pc uti� cte:t tV\ L C. S�el(� J .%•.c,r1e o ` ∎e\ -.s ., \,,,, „2. 2 12- \ I \ \.JY\ -e-,c Returns and exchanges will be issued WITHIN 7 DAYS from date of purchase on items Subtotal 1,288.00 returned. Retums must be accompanied by the original sales receipt in unused, unwom, and unaltered (or sized). Merchandise in Original Packaging (including outer box), Freight 0.00 warranty cards and instruction booklet, may be EXCHANGED within 30 DAYS 6.00 % Sales Tax 77.28 accompanied with Sales Receipt. Gift Card or Certificates will only be issued as an IN STORE CREDIT only, no refunds. Sale of Clearance items is final; they are Total Amount 1,365.28 non- retumable and non- refundable. Please note our retum policy on Special Orders or Custom Design Merchandise. X. Total Paid 1,365.28 Customer Signature Balance Due 0.00 Reeky Ridge Auto S5 480 N o d:ngr, eV Ephrata ?A 17522 717 -733.8 Fat 717-733-2999 11,597 X PURCHASE ORDER FOR TITLE ❑ NEW or ❑ USED ❑ DEMO ❑ CAR ❑ TRUCK BRAND NAME Shane L Atlas DATE ,/312013 YR. MAKE ODEL . 2012 tnrniti G37 Sedan rernium TYPE COLOR & ac. Black TRIM MILEAGE 11,597 STREET 1729 WBtstherbUrn Dr VIN JNiCV6AP9C1\4627163 CITY New Cilateriand STATE PA 17070 `,070 STOCK NO. 7312 YR. MAKE SALESMAN Mike P. TRADE IF APPLICABLE MODEL TO BE DELIVERED ON OR ABOUT TYPE PHONE RES. PHONE BUS. 717 -979 -5947 COLOR TRIM MILEAGE VIN TITLE NO. PLATE NO. I EXP. DATE OWNER LOAN 41 LIENHOLDER PHONE ADDRESS SPOKE WITH AMOUNT GOOD TILL NAME OF AGENT VERIFIED BY INSURANCE INFORMATION PHONE ADDRESS \f. NUMBER 11ptURANCE CO. 11CTIVE DATE 4 COLLISION DEDUCTIBLE ❑ COPY ATTACHED EXP. DATE VERIFIED BY WARRANTY INFORMATION ‘CTORY WARRANTY - The factory warranty constitutes all of the warranties with respect to the sere' f this item/items. The seller hereby expressly disclaims all war antles, either expressed or implied ncluding any implied warranty of merchantability or fitness for a particular purpose, and the seller ,Aeither assumes nor authorizes any other person to assume for it any liability in connection with the sale of this Item/items We reserve ❑ USED CAR WARRANTY - Used car is covered by a limited warranty detailed in a separate document. AS IS - This motor vehicle is sold AS IS without any warranty" dither express or implied. The purchaser will bear the entire expense of repairing or correcting, Any defect that presently exists or that may occur in the vehicle t + PURCHASER'S ' �J SIGNATURE X Mr�wv: PRICE OF VEHICLE D.t5clostzte: A ' b i /X66 4 ,1 Ji '26 1 995 • 00 • • ""i r � T f) -�- • L (_; hik C CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES Protecting Children — Preserving Families — Promoting Well -being Human Services Building, 16 West High Street, Suite 200, Carlisle, PA 17013 -2961 Telephone: 1- 888 - 697 -0371, Extension 6120 Fax: (717) 240 -6433 Email: CCCY @ccpa.net Dear arch 3, .Zo ILA RE: ■( h cis CL #: 21 -0L 77Z- A report of suspected child abuse concerning the above named child has been made to this Agency and the Pennsylvania Department of Public Welfare. Under the law, this Agency must conduct an investigation to determine whether or not the child was abused. Also, we are required by law to report certain types of suspected abuse to the police. This Agency and the police will coordinate and cooperate throughout the investigation, but the investigations are separate and different determinations can be reached. You are receiving this letter because you are the alleged perpetrator of a suspected child abuse report. The Child Protective Services Law (CPSL) and Department of Public Welfare regulations require the county children and youth agency to notify all subjects in a report of suspected child abuse about the existence of the report, the nature of the allegations, their right to receive a copy of the report, their legal rights, the possible impact of a confirmed report on future employment, and the social services available to protect children. According to the report, the type of suspected abuse was: physical abuse, emotional abuse, sexual abuse or exploitation, imminent risk of serious physical injury, imminent risk of sexual abuse or serious physical neglect. This Agency is required to complete the investigation within 30 days. If additional information is necessary to complete a thorough and complete investigation, this Agency has an additional 30 days to complete the investigation. This Agency needs to determine if the report is "unfounded ", "indicated ", or "founded ". An unfounded report is any report in which there is no evidence of child abuse as defined by the law. An indicated report is a report in which the county agency determines that the child was abused. A founded report is a report in which a court determines that the child was abused. As a subject of the report, you may receive a copy of the report by writing to this Agency or to the ChildLine and Abuse Registry, Hillcrest, 2 "d Floor, P. 0. Box 2675, Harrisburg, PA 17105 -2675. The name of the person who made the report or any other person who cooperated in the investigation may not be released except by the Secretary of Public Welfare upon written request. Such request should be sent to Secretary of Public Welfare in care of the ChildLine and Abuse Registry, P. 0. Box 2675, Harrisburg, PA 17105- 2675. If the report is determined to be unfounded, the report shall be expunged as soon as possible but no later than 120 days after the one year period following the date the report was received. However, if the investigation reveals that the child and family need social services provided by or arranged by this Agency, the records will be retained and indicate that the report of suspected child abuse was unfounded. Cumberland County Children and Youth Services Page 2 If the report is determined to be indicated, the person responsible for the abuse may request that the report be amended or expunged if he or she feels the report is not accurate. Such requests must be made to the Secretary of Public Welfare at the above address within 45 days after being notified that the report is indicated. Not all abuse matters go to Juvenile Court. However, where there is no cooperation to assure safety of the child, this Agency will petition Juvenile Court. If the case goes to Juvenile Court, you have the right to have an attorney, introduce evidence and cross - examine witnesses. If you cannot afford an attorney, the Court may appoint an attorney to represent you at no cost. If the Cowl finds a perpetrator is an abuser, that finding may not be appealed to the Department of Public Welfare. A person responsible for the abuse in a founded report may not be employed in any child care service, public or private school, or be a foster or adoptive parent within five (5) years of when the abuse was committed. A person convicted of any of the crimes listed in Section 6344 of the Child Protective Service Law (SS Pa. C.S.A. §6344) may never be employed in any child care service, public or private school, or be a foster or adoptive parent. The goal of this Agency is to protect children from harm and where possible to keep them in their own homes. To help parents and other caregivers to keep children in their own homes, this Agency provides or arranges for social services for the child and family. I will gladly discuss with you services that are available. If you have any questions during the investigation, please call me. This Agency's telephone number is 240 -6120; 1- 888 - 697 -0371 ext. 6120. Sincerely, Caseworker I acknowledge receipt of a copy of this letter. Signature: Date: CCC &YS CPS -7 Rev. 2/16/10 'CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES Protecting Children — Preserving Families — Promoting Well-being Human Services Building, 16 West High Street, Suite 200, Carlisle, PA 17013-2961 Telephone: 1-888-697-0371, Extension 6120 Fax: (717) 240-6433 Email: CCCY@ccpa.net March 25, 2014 Steve Juzbasic 142 16th Street New Cumberland, PA 17070 : Aiden Arias CL#: 21-09772 Dear Mr. Juzbasic: In compliance with the Child Protective Services Law of Pennsylvania, Chapter 63, the Cumberland County Children and Youth Services is hereby notifying you that the report of suspected child abuse received by this Agency on January 29, 2014 regarding Aiden Arias has been determined to be "Unfounded" and your case with this Agency will be closed. According to the §6337 of the Child Protective Services Law, all "Unfounded" reports of child abuse shall be expunged as soon as possible but no later than 120 days after the one year period following the date the report was received since the case was not accepted for services. This determination does not reflect the status or findings surrounding any police investigation. Whenever a referral has been made to police, you will need to contact the appropriate police department regarding the status and outcome of their investigation. If you have any questions regarding this matter, please contact me during regular business hours. If I am not available when you call, please leave your name and a telephone number where you can be reached and I will return your call. Sincerely, Brittany Foulds Caseworker BF/11 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: et //, / y -"te Steve J uzbasic Plaintiff CERTIFICATE OF SERVICE I, Mary Snyder, Law Clerk for Scaringi & Scaringi, P.C. do hereby certify that a copy of the foregoing Civil Complaint in the above - captioned case has been duly served upon the following individual(s) by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Date: 14— 1- 19 Sherie Arias 1729 Weatherburn Drive New Cumberland PA 17070 Mary Sny. Law Cle IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STEVE JUZBASIC, Plaintiff vs. SHERIE ARIAS, Defendant : CIVIL NO. 2014 -1907 : JURY TRIAL DEMANDED : CIVIL ACTION — LAW NOTICE TO SHERIE ARIAS OF INTENT TO TAKE DEFAULT JUDGMENT ir"i - tJ CD TO: Sherie Arias Date of Notice: June 2, 2014 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. PA Lawyer Referral Service (OR) 100 S. Street, PO Box 186 Harrisburg, PA 17108 (800) 692-7375 1 Midd Penn Legal Services 213 N. Front Street Harrisburg, PA 17101 (800) 932-0356 Date: ioA)1/ t Keith E. Kendall, Esq. PA Attorney ID No. 42910 SCARINGI & SCARINGI, P.C. Attorneys for Plaintiff 2000 Linglestown Road Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 (FAX) keith@scaningilaw. corn 2 12 I: t . CUNBE L/ tij C01),1 PEN{ SYLVAN1 CHARLES E. PETRIE, ESQUIRE ID# 29029 Attorney for Defendant 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL.com STEVE JUZBASIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NUMBER: 2014-1907 SHERIE ARIAS, : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW NOTICE TO PLEAD TO: STEVE JUZBASIC, PLAINTIFF You are hereby notified to file a written response to the enclosed Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. CHARLES E. PETRIE ATTORNEY FOR DEFENDANT CHARLES E. PETRIE, ESQUIRE ID# 29029 Attorney for Defendant 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL.corn STEVE JUZBASIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NUMBER: 2014-1907 SHERIE ARIAS, : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW ANSWER NOW COMES the Defendant, by and through her attorney, Charles E. Petrie, and respectfully answers Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. COUNT I - REPLEVIN 3. No responsive pleading required. 4. Admitted. 5. Denied. Plaintiff did not propose marriage to the Defendant, at the Defendant's residence, in or about July, 2013. Defendant did not accept Plaintiff's proposal in July, 2013. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Plaintiff purchased a 2012 Infiniti G37 Sedan Premium as a gift for the Defendant. It is denied that this purchase/gift was in contemplation of, or on condition of marriage. 8. Admitted in part and denied in part. It is admitted that Plaintiff purchased the ring as a gift in contemplation of marriage. It is denied that the vehicle was purchased as a gift in contemplation of marriage, or that the gift of the vehicle was made with the expectation by Plaintiff, and agreement of the parties, that the Defendant would marry Plaintiff. 9. Denied. Defendant cannot breach her promise to marry because such a cause of action cannot be raised in Pennsylvania pursuant to Pa 23 §§1902 ff. 10. Denied. Plaintiff is not entitled to the return of the ring or the vehicle pursuant to Pa 23 C.S. §1903 and §1904. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Count I of Plaintiff's Complaint. COUNT II - DEFAMATION OF CHARACTER 11. No responsive pleading required. 12. Denied. Defendant did not lodge a false complaint against the Plaintiff with the Office of Cumberland County Children and Youth Services ("CYS"), as more fully set forth in the notification letter from CYS to Plaintiff, attached to Plaintiff's Complaint as Exhibit C. 13. Denied. The accusation was not false, but Defendant did not lodge any complaint against Defendant with CYS. 14. This paragraph constitutes a legal conclusion, and therefore does not require a factual response from Defendant. 15. Denied. The accusation was not published by Defendant to CYS. 16. Denied. Since Defendant did not make the accusation to CYS, the accusation was not specifically directed at Plaintiff by Defendant. 17. Denied. Defendant has no knowledge of the awareness of CYS of Cumberland County, and Defendant further denies having lodged any Complaint with CYS of Cumberland County. Defendant further denies that an entire County office can have "an awareness of the defamatory meaning of an allegedly false allegation." Defendant denies all allegations in this paragraph. 18. Denied. Plaintiff's reputation within the community has not been irreparably damaged, and Defendant further denies having lodged any Complaint with CYS of Cumberland County. 19. Denied. The Defendant had every justification or probable cause to believe that her son had been assaulted by Plaintiff, but Defendant further denies having lodged any Complaint with CYS of Cumberland County. 20. Denied. Plaintiff has not suffered severe emotional distress. Strict proof is required at trial. Further, Defendant denies having lodged any Complaint with CYS of Cumberland County. 21. Denied. Defendant further denies having lodged any allegation, true or false, with CYS of Cumberland County. Further, if Defendant had lodged such an allegation, the allegation would not have been wrongful, wanton, willful, intentional and malicious as to justify an award of punitive damages in Plaintiff's favor. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Count II of Plaintiff's Complaint. COUNT III - DEFAMATION OF CHARACTER 22. No responsive pleading required. 23. Admitted in part and denied in part. It is admitted that during the month of January, 2014, the Defendant made six (6) telephone calls to the Lower Allen Police Department accusing the Plaintiff of criminal activity toward her. It is denied that the reports were false. It is further denied that the last call was made on January 26, 2014. 24. Denied. The Plaintiff did commit a criminal act or criminal acts toward the Defendant. Whether this was confirmed or not by the police investigation does not determine its truth or falsity. 25. Denied. The accusation by Defendant of criminal conduct by the Plaintiff is defamatory per se only if the accusation is untrue. The Defendant denies that the accusation is untrue. 26. Admitted. 27. Admitted. 28. Denied. Defendant has no knowledge of the awareness of the New Cumberland Police Department, or whether legally an entire police department can have "an awareness of the defamatory meaning of Defendant's allegedly false allegation of criminal acts." Defendant denies all allegations in this paragraph. 29. Denied. Plaintiff's reputation within the community has not been irreparably damaged. 30. Denied. The Defendant had every justification and probable cause to believe that the Plaintiff committed a criminal act or acts toward her. 31. Denied. Plaintiff has not suffered severe emotional distress. Strict proof is required at trial. 32. Denied. The Defendant's acts were not wrongful, wanton, willful, intentional and malicious. The allegation that the Plaintiff had committed crimes against was not false. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Count II of Plaintiff's Complaint. COUNT IV - WRONGFUL USE OF CIVIL PROCEEDINGS 33. No responsive pleading required. 34. Admitted. 35. Denied. The Petition had merit, and was not based upon allegations contrived by the Defendant against the Plaintiff. 36. Denied. The Defendant did not initiate meritless civil proceedings against the Plaintiff in the form of the filing of a Petition for Protection from Abuse. 37. Denied. The Defendant did not file a false Petition for Protection of Abuse against the Plaintiff. The Defendant did not act in a grossly negligent manner or without probable cause, and primarily for a purpose other than that of securing the adjudication of the claim in which the proceeding were [sic]. 38. Admitted. 39. Denied. Plaintiff has not suffered severe emotional distress. Strict proof is required at trial. 40. Denied. The Defendant's acts were not wrongful, wanton, willful, intentional and malicious. The allegation that the Plaintiff had committed crimes against the Defendant was not false. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Count IV of Plaintiff's Complaint. COUNTERCLAIM COUNT I WRONGFUL USE OF CIVIL PROCEEDINGS NOW COMES the Defendant, SHERIE ARIAS, by and through her attorney, Charles E. Petrie, and respectfully represents as follows: 1. Paragraphs 1 and 2 of Plaintiff's Complaint, and Defendant's responses thereto, are incorporated herein as fully set forth herein. 2. Plaintiff has filed an action for breach of promise to marry against Defendant in paragraphs 4 through 10 in Plaintiff's Complaint. 3. Actions for breach of promise to marry were abolished by the Pennsylvania Legislature on December 19, 1990, effective in 90 days, pursuant to 23 Pa.C.S. 1903, 1904, and 1905. 4. Pursuant to 23 Pa.C.S. 1904, "It is unlawful for a person, either as litigant or attorney, to file, cause to be filed, threaten to file or threaten to cause to be filed in a court in this Commonwealth any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this chapter whether the cause of action arose within or without this Commonwealth." 5. Plaintiff, in paragraph 9 of his Complaint, states, "At the time of filing hereof, the Defendant has breached her promise of marriage and refused to marry the Plaintiff." 6. Plaintiff has knowingly and intentionally initiated a civil proceeding upon which relief cannot be granted. 7. Plaintiff has knowingly and intentionally initiated a civil proceeding that was rendered unlawful by the Pennsylvania Legislature in 1990. 8. Plaintiff and his attorney have knowingly filed or caused to be filed in a court of this Commonwealth a pleading or paper setting forth or seeking to recover upon a cause of action abolished or barred by Chapter 19 of P.A.C.S. 23, whether the cause of action arose within or without this Commonwealth; namely, a cause of action for breach of promise to marry. 9. Defendant has suffered economic harm as a result of the Defendant's intentional, unjustified, and unlawful use of civil proceedings. 10. The Plaintiff's and Plaintiff's attorney's wrongful, wanton, willful, intentional and malicious use of an illegal cause of action are so outrageous as to justify an award of punitive damages in Defendant's favor. WHEREFORE, Defendant respectfully requests that Your Honorable Court enter judgment in favor of Defendant and against Plaintiff for such compensatory and punitive damages as the Court deems appropriate. Respectfully submitted, >/- • -4/CHARLES E. PETRIE ATTORNEY FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Answer with Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 6- 9'-/ DATE SHERIE ARIAS STEVE JUZBASIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NUMBER: 2014-1907 SHERIE ARIAS, : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that on June 12, 2014, I mailed a true and correct copy of the attached Answer to Keith E. Kendall, Esquire, Attorney for Plaintiff, by U.S. First Class Mail, postage prepaid, addressed as follows: KEITH E. KENDALL, ESQ. SCARINGI 8a SCARINGI 2000 LINGLESTOWN ROAD, SUITE 106 HARRISBURG, PA 17110 rte " CHARLES E. PETRIE ATTORNEY FOR DEFENDANT „4 j.!a 3 12 Pil I r; CUMBERLAND COUNT—:' CHARLES E. PETRIE, ESQUIRE PENNSYLVANIA ID# 29029 Attorney for Defendant 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL.com STEVE JUZBASIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NUMBER: 2014-1907 SHERIE ARIAS, : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW PRELIMINARY OBJECTION NOW COMES the Defendant, by and through her attorney, Charles E. Petrie, and objects to Count I of Plaintiff's Complaint as follows: COUNT I - REPLEVIN 1. Paragraphs 1 and 2 of Plaintiff's Complaint, and Defendant's responses thereto, are incorporated herein as fully set forth herein. 2. Plaintiff has filed an action for breach of promise to marry against Defendant in paragraphs 4 through 10 in Plaintiff's Complaint. 3. Actions for breach of promise to marry were abolished by the Pennsylvania Legislature on December 19, 1990, effective in 90 days, pursuant to 23 Pa.C.S. 1902, 1903, 1904, and 1905. 4. Pursuant to 23 Pa.C.S. 1904, "It is unlawful for a person, either as litigant or attorney, to file, cause to be filed, threaten to file or threaten to cause to be filed in a court in this Commonwealth any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this chapter whether the cause of action arose within or without this Commonwealth." 5. Plaintiff, in paragraph 9 of his Complaint, states, "At the time of filing hereof, the Defendant has breached her promise of marriage and refused to marry the Plaintiff." 6. Plaintiff has knowingly and intentionally initiated a civil proceeding upon which relief cannot be granted. 7. Plaintiff has knowingly and intentionally initiated a civil proceeding that was rendered unlawful by the Pennsylvania Legislature in 1990. 8. Plaintiff and his attorney have knowingly filed or caused to be filed in a court of this Commonwealth a pleading or paper setting forth or seeking to recover upon a cause of action abolished or barred by Chapter 19 of P.A.C.S. 23, whether the cause of action arose within or without this Commonwealth; namely, a cause of action for breach of promise to marry. WHEREFORE, Defendant respectfully requests that Your Honorable Court enter judgment in favor of Defendant and against Plaintiff and direct that County I of Plaintiff's Complaint be dismissed. Respectfully submitted, CHARLES E. PETRIE ATTORNEY FOR DEFENDANT STEVE JUZBASIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NUMBER: 2014-1907 SHERIE ARIAS, : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that on June 12, 2014, I mailed a true and correct copy of the attached Preliminary Objections to Keith E. Kendall, Esquire, Attorney for Plaintiff, by U.S. First Class Mail, postage prepaid, addressed as follows: KEITH E. KENDALL, ESQ. SCARINGI 8a SCARINGI 2000 LINGLESTOWN ROAD, SUITE 106 HARRISBURG, PA 17110 CHARLES E. PETRIE ATTORNEY FOR DEFENDANT k • Brian C. Caffrey, Esq. Attorney ID No. 42667 Attorney for Plaintiff Scaringi & Scaringi, P.C. 2000 Linglestown Drive, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: brian@scaringilaw.com F7' IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STEVE JUZBASIC, : CIVIL NO. 2014 - 1907 Plaintiff • • vs. : JURY TRIAL DEMANDED SHERIE ARIAS, Defendant : CIVIL ACTION — LAW NOTICE TO PLEAD You are hereby notified to file a written Response to this Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Date: July 2, 2014 Brian C. Caffrey, IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STEVE JUZBASIC, Plaintiff vs. SHERIE ARIAS, Defendant : CIVIL NO, 2014 - 1907 : JURY TRIAL DEMANDED : CIVIL ACTION — LAW AMENDED COMPLAINT ALLEGATIONS COMMON TO ALL COUNTS 1. The Plaintiff is Steve Juzbasic ("Plaintiff"), an adult individual, currently residing at 142 16th Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is Sherie Arias ("Defendant"), an adult individual believed to be currently residing at 1729 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania, 17070. 1 COUNT I — RESTITUTION OF CONDITIONAL GIFTS 3. Paragraphs 1 and 2 are incorporated herein, as though set forth in full. 4. The Plaintiff and Defendant were involved in a pre -marital romantic relationship from approximately April, 2013, until December, 2013. 5. In or about July, 2013, the Plaintiff proposed marriage to the Defendant, at the Defendant's residence, which proposal of marriage the Defendant accepted. 6. To memorialize the engagement, the Plaintiff had a ring belonging to the Defendant refashioned as an engagement ring, on October 11, 2013, at a cost of $1,365.28; which ring is more fully described in the Sales Receipt therefor, attached hereto as Exhibit A. 7. Plaintiff had the ring refashioned based upon his and Ms. Arias's expectation that the parties would be married. 8. Plaintiff's gift of the refashioned ring to Defendant was conditioned on the parties' becoming married. 9. On July 9, 2013, the Plaintiff also purchased a 2012 Infiniti G37 Sedan Premium for the Defendant, in contemplation of, and on condition of marriage, and paid 29,480.74 for the vehicle, as more fully set forth and described in the Purchase Order attached hereto as Exhibit B. 10. Plaintiff's gift of the Infiniti automobile was conditioned on the parties' becoming married. 2 11. In or about April, 2013, on the expectation of and in anticipation of the parties' becoming married, and conditioned on that eventuality, Plaintiff had a new countertop installed in Defendant's home at a cost of $2,163.00. 12. In or about November, 2013, on the expectation of and in anticipation of the parties' becoming married, and conditioned on that eventuality, Plaintiff paid off the loan on Defendant's Jeep automobile, in the amount of $6,123.00. 13. On or about May 15, 2013, on the expectation of and in anticipation of the parties' becoming married, and conditioned on that eventuality, Plaintiff gave Defendant $1,200.00 to pay a lawyer to represent Defendant. 14. Between May, 2013 and November, 2013, on the expectation of and in anticipation of the parties' becoming married, and conditioned on that eventuality, Plaintiff paid Defendant a total of $6,990.00 for child care for Defendant's son. 15. On or about September 17, 2013, on the expectation of and in anticipation of the parties' becoming married, and conditioned on that eventuality, Plaintiff paid $84.80 to have Defendant's refrigerator repaired. 16. In or about November, 2013, on the expectation of and in anticipation of the parties' becoming married, and conditioned on that eventuality, Plaintiff paid $56.65 to have Defendant's automobile inspected. 17. In or about June, 2013, on the expectation of and in anticipation of the parties' becoming married, and conditioned on that eventuality, Plaintiff made 3 Defendant an authorized signatory on his bank account. Between approximately October, 2013 and December, 2013, Defendant purchased merchandise, using Plaintiff's bank account, at a total cost of approximately 1,800.00. 18. The gifts described above were made by Plaintiff, to Defendant, in contemplation of, and with the expectation by Plaintiff and, ostensibly, Defendant that the parties would become married. 19. On or about December 17, 2013, after Plaintiff discovered that Defendant had made unauthorized charges using Plaintiff's debit card number, the parties terminated their relationship. 20. The Plaintiff is entitled to return by Defendant of the gifts aforesaid or their value because the gifts were conditioned on the parties' becoming married, and the parties have not become married. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in the amount of $49,263.47, which does not exceed the jurisdictional amount requiring arbitration referral by local rule of court. COUNT II — UNJUST ENRICHMENT 21. Paragraphs 1-20 set forth above are incorporated herein by reference. 22. The gifts described constituted benefits conferred upon the Defendant by the Plaintiff. 23. There was appreciation by the Defendant of the described gifts. 4 24. The Defendant accepted and retained the benefits of the described gifts under such circumstances that it would be inequitable for the Defendant to retain the benefits of the gifts without paying Plaintiff the value of the gifts. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in the amount of $49,263.47, which does not exceed the jurisdictional amount requiring arbitration referral by local rule of court. COUNT III - DEFAMATION OF CHARACTER 25. Paragraphs 1 through 24 hereinbefore are incorporated herein by reference, as though set forth in full. 26. On January 29, 2013, the Defendant lodged a false complaint against the Plaintiff, with the Office of Cumberland County Children and Youth Services ("CYS"), as more fully set forth in the notification letter from CYS to Plaintiff, attached hereto as Exhibit C. 27. The false accusation by Defendant, that Plaintiff had sexually molested Defendant's son, was investigated by CYS and subsequently determined to be "unfounded," as more fully set forth in the notification thereof to Plaintiff, attached hereto as Exhibit D. 28. The accusation of molestation, by Defendant against Plaintiff, is and was defamatory per se. 29. The accusation was published by Defendant to CYS. 30. The accusation was specifically directed at Plaintiff, as per Exhibit C. 5 31. The recipient of the accusation, CYS of Cumberland County, was fully aware of the defamatory meaning of the false accusation by Defendant against Plaintiff. 32. CYS understood that Defendant's false allegation of child abuse was intended to be applied to the Plaintiff. 33. The Plaintiff's reputation within the community has been irreparably damaged by Defendant's false allegations of abuse. 34. The Defendant had no justification or probable cause to believe that her son had been assaulted by Plaintiff, and therefore abused a conditionally privileged occasion of complaining to authorities about abuse that she knew had not occurred. 35. The Plaintiff has suffered severe emotional distress as a result of the Defendant's intentional and defamatory actions. 36. Defendant's false accusation of child abuse against Plaintiff was wrongful, wanton, willful, intentional and malicious. 37. The Defendant's false allegation that the Plaintiff had committed child abuse is so outrageous as to justify an award of punitive damages in Plaintiff's favor. WHEREFORE, the Plaintiff demands judgment in his favor in amount exceeding $50,000.00, which is in excess of this Court's jurisdictional limits for compulsory arbitration, plus an award of punitive damages. 6 COUNT IV — DEFAMATION OF CHARACTER 38. Paragraphs 1 through 37 are incorporated herein as though fully set forth. 39. During the month of January, 2014, culminating in a final call on January 26, 2014, the Defendant made six (6) telephone calls to the Lower Allen Township Police Department, falsely accusing the Plaintiff of criminal activity towards her. 40. The Plaintiff did not commit any criminal act towards the Defendant, and this was confirmed by the police investigation of the Defendant's accusations. 41. Because the Lower Allen Township Police Department determined that Defendant's reports were false, that department filed criminal charges against Defendant for false reports to authorities. 42. The accusation by Defendant of criminal conduct by the Plaintiff, is and was defamatory per se. 43. The accusation was published by Defendant to the Lower Allen Township Police Department. 44. The accusation was specifically directed at Plaintiff. 45. The recipient of the accusation, the Lower Allen Township Police Department, was fully aware of the defamatory meaning of Defendant's false accusations against Plaintiff. 46. The Lower Allen Township Police Department understood Defendant's false claims as intended to be applied to the Plaintiff. 7 47. The Plaintiff's reputation within the community has been irreparably damaged by Defendant's false allegations of criminal acts. 48. The Defendant had no justification or probable cause to believe that the Plaintiff had committed any criminal act towards her, and therefore abused a conditionally privileged occasion of making to authorities her false accusation of criminal activity. 49. The Plaintiff has suffered severe emotional distress as a result of the Defendant's intentional and defamatory actions. 50. Defendant's false accusation of criminal activity on the part of Plaintiff was wrongful, wanton, willful, intentional and malicious. 51. The Defendant's false allegation that the Plaintiff had committed crimes against her was and is so outrageous as to justify an award of punitive damages in Plaintiff's favor. WHEREFORE, the Plaintiff demands judgment in his favor in an amount exceeding $50,000.00, which exceeds this Court's jurisdictional limits for compulsory arbitration, plus an award of punitive damages. COUNT V — WRONGFUL USE OF CIVIL PROCEEDINGS 52. Paragraphs 1 through 51 are incorporated herein as though fully set forth. 8 53. On or about January 3, 2014, the Defendant filed a Petition for Protection from Abuse ("Petition") against the Plaintiff, at Cumberland County Civil Docket Number 14 — 0025 Civil Term. 54. The Petition was utterly without merit, and was based upon allegations contrived by the Defendant against the Plaintiff. 55. The Defendant initiated meritless civil proceedings against the Plaintiff in the form of the filing of a Petition for Protection from Abuse. 56. In filing the false Petition for Protection from Abuse against the Plaintiff, the Defendant acted in a grossly negligent manner or without probable cause, and primarily for a purpose other than that of securing the adjudication of the claim which was the subject of the proceedings, namely, for the improper purposes of subjecting the Plaintiff to the investigation of a false claim, embarrassing the Plaintiff, defaming his character, and subjecting him to the ridicule, suspicion, and contempt of the community in which he lived. 57. The proceedings were terminated in favor of the Plaintiff, by the withdrawal and discontinuance of the action by the Defendant. 58. Plaintiff has suffered harm to his reputation by the defamatory matter which constituted the basis of Defendant's petition for protection from abuse. 59. Plaintiff incurred reasonable attorney's fees in defending himself against the protection from abuse proceedings commenced by Defendant. 9 60. The Plaintiff has suffered severe emotional distress as a result of the Defendant's commencement of protection from abuse proceedings based on false claims. 61. Defendant's filing of a false claim of abuse against Plaintiff was wrongful, wanton, willful, intentional and malicious. 62. The Defendant's false allegation of child abuse against Plaintiff was is so outrageous as to justify an award of punitive damages in Plaintiff's favor. WHEREFORE the Plaintiff demands judgment in amount in excess of $50,000.00, which exceeds this Court's jurisdictional limit for compulsory arbitration, plus an award of Plaintiffs reasonable attorneys' fees, punitive damages, and costs of suit. Date: July 2, 2014 Respectfully submitted, 10 n C. Caffrey, Esq. PA Attorney ID No. 42667 Attorney for Plaintiff Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 (phone) 717-657-7797 (fax) brian@scarin aw.com. VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: July 2, 2014 Steve Juzbasic, Plaintiff CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., do hereby certify that the foregoing Amended Complaint has been duly served upon Defendant's attorney, by depositing a true and correct copy of same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Date: July 2, 2014 Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 stina Nicole Law Clerk Sales Receipt Customer: 11736 TM SHERIE ARIAS • K NGyINGER JEWELRY DES GN 1729 WEATHERBURN NEW CUMBERLAND, PA 17070 200 MAIIKEI. 51 R.C11, LIMOYNI PA 1701 P 717,972.0553 WWW.KNOVINCER.JEVvILRY.(.0N1 Telephone: 717-979-8947 Sales Receipt # Register Date Salesperson 9000327-0 1 10/11/13 1 Qty Tax Item Number Style Code Unit Price Sales Price Extended Price Item Description . 1 Y S0103107 3 BND BZL RNG 1,288.00 1,288.00 1,288.00 14KT WHITE, PINK, WHITE LOW DOME 3 BND . RING W BZL SET RD STONE FINGER SIZE 5. OUTER WHITE GOLD BANDS ARE 2.5MM WIDE, INNER PINK GOLD BAND IS 4MM WIDE. ALL THREE BNDS CONNECTED TOGETHER, BEZEL SOLDERED INTO RINGS. 1 RD DIA ON EACH SIDE OF CENTER BEZEL HAVE CUSTOMERS RING W CENTER STONE ESTIMATE $1200...CAME TO $1288. .., Payment(s) Received CASH 08/22/13: 672.00 CASH 10/11/13: 693.28 , t'.7.744-‹-k•3-t CO, Nn - c, ex 0,, e ci: ck. CS' + cA"L 1/40 -1' \ - ckC.: /d.-, tv%.65,cci ex_Scm•sc. '(..r' %,,z(l'e- 'S. (a-,`+\ c., IN .‘•••--C. (i e .„ 2- 2- \ I Retums and exchanges will be issued WITHIN 7 DAYS from date of purchase on items Subtotal 1,288.00 returned. Returns must be accompanied by the original sales receipt In unused, unwom, and unaltered (or sized). Merchandise in Original Packaging (including outer box), Freight 0.00 warranty cards and instruction booklet, may be EXCHANGED within 30 DAYS 6.00 % Sales Tax 77.28 accompanied with Sales Receipt. Gift Card or Certificates will only be issued as an IN • STORE CREDIT only, no refunds. Sale of Clearance items Is final; they are non -returnable and non-refundable. Please note our return policy on Special Orders or Total Amount 1,365.28 Custom Design Merchandise. . X. Total Paid 1,365.28 Customer Signature Balance Due 0.00 <t,siMtil �ti..,6; {.+}'tYr- Tti Ear ?rats: 7'- 7"rw€�3ti PURCHASE ORDER FOR 0 NEW or❑ USED ❑ DEMO ❑ CAR ❑ TRUCK BRAND 4 •:RF . •lye•.. ..i c Y MAKE. t r.' : F ir;i%►il�e G 7 Sean P75).A?i.€.>n COLOR TYPE VIN 'TRIM SP,rtl ice•5{;tr,K IMILEAGE F 5�� tr'. s6 �'t.14 1et 471 00 STOCK NO. YR. MAKE COLOR JTRIM I MILEAGE VIN TITLE NO. f PLATE NO. I EXP. DATE OWNER j [LOAN. LIENHOLDER /PHONE ADDRESS SPOKE WITH AMOUNT GOOD TILL VERIFIED BY SALESMAN TO BE DELIVERED ON OR ABOUT TRADE IF APPLICABLE MODEL NAME BATE STREET •: ' • �''b'`Fcallivl:)jrp wi CITY STATE PHONE RES. PHONE BUS. •-.,t, :.,.t f<, .2os) .& INSURANCE INFORMATION SERVICE CONTRACT NAME OF AGENT PHONE ADDRESS 1• bLICY NUMBER URANCE CO. TYPE MONTHS MILES - Cash Price of Vehicle & Accessories & Any Cease Buy Out Sales Tax (Less Trade In) '035924 GlSTRATJON ' TITLE TRANSFER ENCUMBRANCE; ` ,- 58.5.0 9aoc 0.G:;t ❑ COPY ATTACHED CTIVE DATE EXP. DATE VERIFIED BY Documentary' Fe Messenger Fee* 1 ender any r=efasope Process Fee WS dealer O Cony" to thisdea9.Notary Fee 10.00 0.00 WARRAN +CTORY WARRANTY - The factory warranty constitutes all of the warranties with respect to the safe i this item/items. The seller hereby expressly disclaims all warranties, either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose, and the seller /either assumes nor authorizes any other person to assume for it any liability in connection with the ❑sate of this Item/items ;Ayyy. �* USED CAR WARRANTY - Used car is covered by a limited warranty detailed in a separate document, 0 AS IS - This motor vehicle is sold "AS IS' without any warranty' either express or implied. Th, purchaser will bear the entire expense of repairing or correcting /Any defect that presently exists o that may occur in the vehicle PURCHASER'S�' ' SIGNATURE X fVZ ` 'NL " �} lGsr:✓ gfx �r :�r•, , USED CAR CONTRACTUAL DISCLOSURE STATEMENT THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE, kevzoopa CAJ QEs.-f 9CCF 1, 1e right to re-evattata trade at any time before C NtIf y Total Price 2980.7.4 If you cancel this purchase agreement or refuse to take delivery of the vehicle ordered, except as permitted by taw, you shall, at our option, forfeit as damages the amount of $ PURCHASER'S SIGNATURE X Purchaser hereby acknowledges to the above clause. Payoff Amount • Is Subject To Verification Trade -In Less Payoff* Net Trade In Deposit Cash on Delivery Net Deposit + Cash on Trade Delivery Total Down Payment Unpaid Balance of Total Price 29 480 74 Purchaser agrees that this order includes all of the terms and conditions on both the face and reverse side hereof, that this order cancels and supersedes any prior agreement and as of the date hereof comprises the complete and exclusive statement of the terms of agreement relating to the subject matters covered hereby. Thi;zorder shall not become binding until accepted by the dealer or his authorized representative. You. the buyer may cancel thisdontract and receive a full jefund any time before receipt o1 a copy of this contract signed by an at,tharize.d dealer re. esentative by giving written notice of cancellation to the dealer, ;` Purchaser by his execution of this order acknowle'tfges that he has read ,Its terms and conditions and has receiveti(a true 6opy of this order. /. /° PURCHASER'S yq ^~.?1?!n•1.t DATE r ACCEPTED BY ° %l f` r`` SIGNATURE X' . „ � / DATE r' .. DEi14ER OR HIS AUTHORIZED REPRESENTATIVE,' P.I.A.D.A. (717) 238-9002 FORM # 1401-04 (REV 3/07) OFFICIAL CHECK Manufacturers and Traders Trust Company BUFFALO, N,Y. 14240 REMITTER PAY TO THE ORDER OF 200367866- 10-4/220 7 tails REGISTER COPY COPY -NOT NEGOTIABLE ':0 2 20000461:1700 20 199 2604 70 CUMBERLAND COUNTY CHILDREN AND YOUTH SERVICES Protecting Children — Preserving Families — Promoting Well-being Human Services Building, 16 West High Street, Suite 200, Carlisle, PA 17013-2961 Telephone: 1-888-697-0371, Extension 6120 Fax: (717) 240-6433 Email: CCCY@ccpa.net Dear V) r, arch )) Z& RE: N C i"1 i" 1 fl c CL#: 21-0L1—] 7Z A report of suspected child abuse concerning the above named child has been made to this Agency and the Pennsylvania Department of Public Welfare. Under the law, this Agency must conduct an investigation to determine whether or not the child was abused. Also, we are required by law to report certain types of suspected abuse to the police. This Agency and the police will coordinate and cooperate throughout the investigation, but the investigations are separate and different determinations can be reached. You are receiving this letter because you are the alleged perpetrator of a suspected child abuse report. The Child Protective Services Law (CPSL) and Department of Public Welfare regulations require the county children and youth agency to notify all subjects in a report of suspected child abuse about the existence of the report, the nature of the allegations, their right to receive a copy of the report, their legal rights, the possible impact of a confirmed report on future employment, and the social services available to protect children. According to the report, the type of suspected abuse was: physical abuse, emotional abuse, sexual abuse or exploitation, imminent risk of serious physical injury, imminent risk of sexual abuse or serious physical neglect. This Agency is required to complete the investigation within 30 days. If additional information is necessary to complete a thorough and complete investigation, this Agency has an additional 30 days to complete the investigation. This Agency needs to determine if the report is "unfounded", "indicated", or "founded". An unfounded report is any report in which there is no evidence of child abuse as defined by the law. An indicated report is a report in which the county agency determines that the child was abused. A founded report is a report in which a court determines that the child was abused. As a subject of the report, you may receive a copy of the report by writing to this Agency or to the ChildLine and Abuse Registry, Hillcrest, 2nd Floor, P. 0. Box 2675, Harrisburg, PA 17105-2675. The name of the person who made the report or any other person who cooperated in the investigation may not be released except by the Secretary of Public Welfare upon written request. Such request should be sent to Secretary of Public Welfare in care of the ChildLine and Abuse Registry, P. 0. Box 2675, Harrisburg, PA 17105- 2675, If the report is determined to be unfounded, the report shall be expunged as soon as possible but no later than 120 days after the one year period following the date the report was received, However, if the investigation reveals that the child and family need social services provided by or arranged by this Agency, the records will be retained and indicate that the report of suspected child abuse was unfounded. Cumberland County Children and Youth Services Page 2 If the report is determined to be indicated, the person responsible for the abuse may request that the report be amended or expunged if he or she feels the report is not accurate. Such'requests must be made to the Secretary of Public Welfare at the above address within 45 days after being notified that the report is indicated. Not all abuse matters go to Juvenile Court. However, where there is no cooperation to assure safety of the child, this Agency will petition Juvenile Court. If the case goes to Juvenile Court, you have the right to have an attorney, introduce evidence and cross-examine witnesses. If you cannot afford an attorney, the Court may appoint an attorney to represent you at no cost. If the Court finds a perpetrator is an abuser, that finding may not be appealed to the. Department of Public Welfare. A person responsible for the abuse in a founded report may not be employed in any child care service, public or private school, or be a foster or adoptive parent within five (5) years of when the abuse was committed. A person convicted of any of the crimes listed in Section 6344 of the Child Protective Service Law (SS Pa. C.S.A. §6344) may never be employed in any child care service, public or private school, or be a foster or adoptive parent. The goal of this Agency is to protect children from harm and where possible to keep them in their own homes. To help parents and other caregivers to keep children in their own homes, this Agency provides or arranges for social services for the child and family. I will gladly discuss with you services that are available, If you have any questions during the investigation, please call me. This Agency's telephone number is 240-6120; 1-888-697-0371 ext. 6120. Sincerely, Caseworker I acknowledge receipt of a copy of this letter. Signature: Date: CCC&YS CPS -7 Rev. 2/16/10 CUMBERLAND COUNTY CHILDREN AND. YOUTH SERVICES '. ..- - ss Protecting Children — Preserving Families — Promoting Well-being Human Services Building, 16 West High Street, Suite 200, Carlisle, PA 17013-2961 Telephone: 1-888-697-0371, Extension 6120 Fax: (717) 240-6433 Email: CCCY@ccpa.net March 25, 2014 Steve Juzbasic 142 16th Street New Cumberland, PA 17070 RE: Aiden Arias CL#: 21-09772 Dear Mr. Juzbasic: In compliance with the Child Protective Services Law of Pennsylvania, Chapter 63, the Cumberland. County Children and Youth Services is hereby notifying you that the report of suspected child abuse received by this Agency on January 29, 2014 regarding Aiden Arias has been determined to be "Unfounded" and your case with this Agency will be closed. According to the §6337 of the Child Protective Services Law, all "Unfounded" reports of child abuse shall be expunged as soon as possible but no later than 120 days after the one year period following the date the report was received since the case was not accepted for services. This determination does not reflect the status or findings surrounding any police investigation. Whenever a referral has been made to police, you will need to contact the appropriate police department regarding the status and outcome of their investigation. If you have any questions regarding this matter, please contact me during regular business hours. If I am not available when you call, please leave your name and a telephone number where you can be reached and I will return your call. Sincerely, ljdcf Brittany Foulds Caseworker BF/j11 2:14 JUL -2 PH '. IYI ERLM' () L ; i PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STEVE JUZBASIC, Plaintiff vs. SHERIE ARIAS, Defendant . CIVIL NO. 2014 -1907 JURY TRIAL DEMANDED . CIVIL ACTION — LAW PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S ANSWER AND COUNTERCLAIM 1. Plaintiff filed his complaint in the instant action on April 21, 2014. 2. On June 12, 2014 Defendant simultaneously, and separately, filed preliminary objections and an answer and counterclaim. 3. Rule 1017(a) of the Pennsylvania Rules of Civil Procedure provides: (a) Except as provided by Rule 1041.1 ["Asbestos Litigation. Special Provisions"], the pleadings in an action are limited to (1) a complaint and an answer thereto, (2) a reply if the answer contains new matter, a counterclaim or a cross-claim, 1 (3) a counter -reply if the reply to a counterclaim or cross-claim contains new matter, (4) a preliminary objection and a response thereto. Pa. R. C. P., Rule 1017(a). 4. Rule 1028(a) of the Pennsylvania Rules of Civil Procedure provides in pertinent part as follows: (a) Preliminary objections may be filed by any party to any pleading and are limited to the following grounds: (2) failure of a pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter... . Pa. R. Civ. P., Rule 1028(a) (2). 5. Rule 126 of the Pennsylvania Rules of Civil Procedure provides in pertinent part as follows: The rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. Pa. R. Civ. P., Rule 126. 6. Rule 128 of the Pennsylvania Rules of Civil Procedure provides in pertinent part: In ascertaining the intention of the Supreme Court in the promulgation of a rule, the courts may be guided by the following presumptions among others: (a) That the Supreme Court does not intend a result that is absurd, impossible of execution or unreasonable... . Pa. R. Civ. P., Rule 128. 7. The Rules of Civil Procedure and Pennsylvania civil practice provide for the filing of only one pleading at a time. 2 8. Filing and serving a responsive pleading and preliminary objections at the same time violates the Pennsylvania Rules of Civil Procedure; unnecessarily causes delay in the instant action; imposes the unreasonable cost on the Plaintiff of having to respond to two separate pleadings at one time, thus pointlessly increasing the cost of litigation; and is unreasonable. This is especially so since the pleadings which the Defendant has simultaneously filed moot one another, and Defendant will have her opportunity to file a responsive pleading to Plaintiffs Amended Complaint. 9. Rule 1028(c) (1) permits Plaintiff to file an amended complaint as of course within twenty days after service of preliminary objections. Plaintiff is availing himself of this option. As a consequence, Defendant's Answer and Counterclaim is moot and impertinent. 10. Plaintiff files the instant preliminary objections in order to avoid being held to have failed to respond to a counterclaim against him. 11. For the reasons outlined above, filing a responsive pleading and preliminary objections simultaneously is dilatory, arbitrary and vexatious to the Plaintiff; consequently, this Court is authorized to make an award of attorneys' fees to Plaintiff or Plaintiffs counsel under 42 Pa.C.S. section 2503(7) and (9). WHEREFORE, Plaintiff respectfully requests the Court to strike Defendant's Answer and New Matter and award Plaintiffs counsel reasonable attorneys' fees for the preparation, briefing and argument of the instant preliminary objections. 3 July 2, 2014 Respectfully submitted, 4 rian C. Caffrey PA ID # 42667 Attorney for Plaintiff Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 (phone) 717-657-7797 (fax) briars scaringilaw.com CERTIFICATE OF SERVICE I, Kristina Nicole, law clerk for Scaringi & Scaringi, P.C., do hereby certify that the foregoing PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S ANSWER AND COUNTERCLAIM has been duly served upon Defendant's attorney, by depositing a true and correct copy of same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Date: July 2, 2014 Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 Kristina Nicole Law Clerk STEVE JUZBASIC, vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW (-) C41' rn CO C.. F'ne ria z,t) tor- r • 'XI C1 cn Aro -11 C, Mir CD cp ¶ rrl 7> " • CFI : NUMBER: 2014-1907 SHERIE ARIAS, : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW PRAECIPE Please withdraw Defendant's Counterclaim filed on June 12, 2014. CHARLES E. PETRIE ID# 29029 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL.corn ATTORNEY FOR DEFENDANT STEVE JUZBASIC, vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVAN4A : CIVIL ACTION - LAW r- (11 -o FS? c.n Lk) : NUMBER: 2014-1907 SHERIE ARIAS, : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW 2014. PRAECIPE Please withdraw Defendant's Preliminary Objections filed on June 12, CHARLES E. PETRIE ID# 29029 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL.corn ATTORNEY FOR DEFENDANT CHARLES E. PETRIE, ESQUIRE ID# 29029 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL. corn T_ n ?» r L'LO=G, FIC �, O THE PROTitoNO !;`fit f 2Wi AUG 1 I FM !2.22 Ol��°�B NNSYLYANIAATY Attorney fo refendant STEVE JUZBASIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. SHERIE ARIAS, : NUMBER: 2014-1907 : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW ANSWER TO AMENDED COMPLAINT NOW COMES the Defendant, SHERIE ARIAS, by and through her attorney, Charles E. Petrie, and respectfully answers Plaintiff's Amended Complaint as follows: 1. Admitted. 2. Admitted. COUNT I - RESTITUTION OF CONDITIONAL GIFTS 3. No responsive pleading required. 4. Denied. The Plaintiff and Defendant were not involved in a pre- marital relationship from approximately April, 2013, until December, 2013. 5. Denied. Plaintiff did not propose marriage to the Defendant, at the Defendant's residence, in or about July, 2013. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part and denied in part. It is admitted that Plaintiff purchased a 2012 Infiniti G37 Sedan Premium as a gift for the Defendant. It is denied that this purchase/gift was in contemplation of, and on condition of marriage. 10. Denied. Plaintiff's gift of the Infiniti automobile was not conditioned on the parties' becoming married. 11. Denied. Plaintiff did not have a new countertop installed in Defendant's home. 12. Admitted in part and denied in part. It is admitted that Plaintiff paid off the loan on Defendant's Jeep automobile. It is denied that this was done in contemplation of, and on condition of marriage. 13. Denied. Plaintiff did not give Defendant $1,200.00 to pay a lawyer to represent Defendant. care. 14. Denied. Plaintiff did not pay Defendant.any sums for her son's child 15. Denied. Plaintiff did not pay to have Defendant's refrigerator repaired. 16. Denied. It is denied that Plaintiff paid $56.65 to have Defendant's automobile inspected. 17. Admitted in part and denied in part. It is admitted that Plaintiff made Defendant an authorized signatory on his bank account. It is denied that Defendant purchased merchandise, using Plaintiff's bank account, at a total cost of approximately $1,800.00. It is further denied that Plaintiff made Defendant an authorized signatory on his bank account on the expectation of and in anticipation of the parties becoming married, and conditioned on that eventuality. 18. Denied. The gifts described above were not made by Plaintiff, to Defendant, in contemplation of, and with the expectation by Plaintiff, and ostensibly, Defendant, that the parties would become married. 19. Admitted in part and denied in part. It is admitted that the parties mutually terminated their relationship. It is denied that the reason for this termination was Defendant's unauthorized use of Plaintiff's debit card number, which Defendant denies as well. 20. Denied. Defendant is not entitled to return by Defendant of the gifts aforesaid or their value. The gifts were not conditioned on the parties' becoming married, and the parties mutually terminated their relationship. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Count I of Plaintiff's Complaint. COUNT II - UNJUST ENRICHMENT 21. No responsive pleading required. 22. Admitted in part and denied in part. Only the gifts admitted to by Defendant constituted benefits conferred upon the Defendant by the Plaintiff. 23. Admitted. 24. Denied. The circumstances under which Defendant accepted the gifts do not yield the result that it would be inequitable for the Defendant to retain the benefits of the gifts without paying the value of the gifts. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Count II of Plaintiff's Complaint. COUNT III - DEFAMATION OF CHARACTER 25. No responsive pleading required. 26. Denied. Defendant did not lodge a false complaint against the Plaintiff on January 26, 2013, or on any other date, with the Office of Cumberland County Children and Youth Services ("CYS"), as more fully set forth in the notification letter from CYS to Plaintiff, attached to Plaintiff's Complaint as Exhibit C. 27. Denied. The accusation was not false, but Defendant did not lodge any complaint against Defendant with CYS. 28. This paragraph constitutes a legal conclusion, and therefore does not require a factual response from Defendant. 29. Denied. The accusation was not published by Defendant to CYS. 30. Denied. The accusation was not published directly by Defendant to CYS, and was not specifically directed at Plaintiff, as per Exhibit C. 31. Denied. The Defendant has no knowledge of the awareness of CYS of Cumberland County, and Defendant further denies having lodged any complaint with CYS of Cumberland County. Defendant further denies that an entire county office can have "an awareness of the defamatory meaning of an allegedly false allegation." Defendant denies all allegations in this paragraph. 32. Denied. The Defendant has no knowledge of the understanding of CYS of Cumberland County. The allegation was not false. Defendant further denied that an entire county office can understand "that Defendant's false allegation of child abuse was intended to be applied to the Plaintiff." Defendant denies all allegations in this paragraph. 33. Denied. The allegations of abuse are not false. It is further denied that Plaintiff's reputation within the community has been irreparably damaged. Defendant further denies having contacted CYS of Cumberland County at any time regarding Plaintiff's act of abuse toward her son. 34. Denied. Defendant has every justification and probable cause to believe that her son had been assaulted by Plaintiff. Defendant denies having contacted CYS of Cumberland County regarding Plaintiff's act of abuse toward her son. Defendant denies that she abused a conditionally privileged occasion of complaining to authorities. Defendant believes her son's representation that Plaintiff abused him. 35. Denied. Plaintiff has not suffered severe emotional distress. Strict proof is required at trial. Defendant's actions were not intentional and defamatory. 36. Denied. Defendant did not make a false allegation of child abuse against Plaintiff, and therefore Plaintiff committed no action that was wrongful, wanton, willful, intentional and malicious. 37. Denied. Defendant's allegation of Plaintiff's child abuse was not false, and therefore her conduct was not outrageous and did not give rise to an award of punitive damages in Plaintiff's favor. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Count III of Plaintiff's Complaint. COUNT IV - DEFAMATION OF CHARACTER 38. No responsive pleading required. 39. Admitted in part and denied in part. It is admitted that during the month of January, 2014, the Defendant made six (6) telephone calls to the Lower Allen Police Department accusing the Plaintiff of criminal activity toward her. It is denied that the reports were false. It is further denied that the last call was made on January 26, 2014. 40. Denied. The Plaintiff did commit a criminal act or criminal acts toward the Defendant. Whether this was confirmed or not by the police investigation does not determine its truth or falsity. 41. Admitted. 42. This paragraph constitutes a legal conclusion, and therefore does not require a factual response from Defendant. 43. Denied. The accusation by Defendant of criminal conduct by the Plaintiff is not, and was not, defamatory per se. 44. Denied. The accusation was not specifically directed at Plaintiff. 45. Denied. The Defendant has no knowledge of the awareness of the Lower Allen Police Department. Defendant further denies that an entire police department can have "an awareness of the defamatory meaning of an allegedly false allegation." Defendant's accusations were not false. 46. Denied. The Defendant has no knowledge of the understanding of the Lower Allen Police Department. Defendant further denied that an entire county office can understand "Defendant's false claim as intended to be applied to the Plaintiff." Defendant's claims were not false. 47. Denied. The allegations of criminal acts are not false. It is further denied that Plaintiff's reputation within the community has been irreparably damaged. 48. Denied. Defendant has every justification and probable cause to believe that Plaintiff has committed criminal acts toward her. Defendant denies that she abused a conditionally privileged occasion of complaining to authorities. Defendant's accusation of Plaintiff's criminal acts toward Defendant were not false. 49. Denied. Plaintiff has not suffered severe emotional distress. Strict proof is required at trial. Defendant's actions were not intentional and defamatory. 50. Denied. Defendant did not make a false accusation of criminal activity on the part of Plaintiff against Defendant, and therefore Defendant committed no action that was wrongful, wanton, willful, intentional and malicious. 51. Denied. Defendant's allegation that Plaintiff had committed crimes against Defendant was not false, and therefore Defendant's conduct was not so outrageous as to justify an award of punitive damages in Plaintiff's favor. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Count IV of Plaintiff's Complaint. COUNT V - WRONGFUL USE OF PROCEEDINGS 52. No responsive pleading required. 53. Admitted. 54. Denied. The Petition had merit, and was not based upon allegations contrived by the Defendant against the Plaintiff. 55. Denied. The Defendant did not initiate meritless civil proceedings against the Plaintiff in the form of filing a Petition for Protection from Abuse. 56. Denied. The Defendant did not file a false Petition for Protection From Abuse against the Plaintiff. The Defendant did not act in a grossly negligent manner or without probable cause, and primarily for a purpose other than that of securing the adjudication of the claim which was the subject of the pleading. Defendant did not file the Petition for the improper purposes of subjecting the Plaintiff to the investigation of a false claim, embarrassing the Plaintiff, defaming his character, and subjecting him to the ridicule, suspicion, and contempt of the community in which he lived. 57. Admitted. 58. Denied. Plaintiff did not suffer harm to his reputation by the defamatory matter which constituted the basis of Defendant's Petition for Protection from Abuse. 59. Denied. The facts set forth in this paragraph are solely within the knowledge of the Plaintiff. Defendant has no knowledge of Plaintiff's financial relationship with his attorneys, and the allegations set forth in this paragraph are therefore denied. 60. Denied. Plaintiff has not suffered severe emotional distress. Strict proof is required at trial. 61. Denied. Defendant did not file a false claim of child abuse against Plaintiff, and therefore Defendant committed no action that was wrongful, wanton, willful, intentional and malicious. 62. Denied. Defendant's allegation that Plaintiff had committed crimes against Defendant was not false, and therefore Defendant's conduct was not so outrageous as to justify an award of punitive damages in Plaintiff's favor. WHEREFORE, Defendant respectfully requests that Your Honorable Court enter judgment in favor of Defendant and against Plaintiff and direct that Count V of Plaintiff's Complaint be dismissed. Respectfully submitted, CHARLES E. PETRIE, ESQUIRE ID# 29029 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL.com ATTORNEY FOR DEFENDANT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Answer to Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. r11zZ i DATE SHERIE ARIAS STEVE JUZBASIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NUMBER: 2014-1907 SHERIE ARIAS, : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that on August 10, 2014, I mailed a true and correct copy of the attached Preliminary Objections to Brian C. caffrey, Esquire, Attorney for Plaintiff, by U.S. First Class Mail, postage prepaid, addressed as follows: BRIAN C. CAFFREY, ESQ. SCARINGI 8s SCARINGI 2000 LINGLESTOWN ROAD, SUITE 106 HARRISBURG, PA 17110 CHARLES E. PETRIE ATTORNEY FOR DEFENDANT Brian C. Caffrey PA ID # 42667 Attorney for Plaintiff Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 (phone) 717-657-7797 (fax) brian@scaringilaw.com FILED-OFFICE ILE -OF ICE OF THE PROTHONOTARY 2011 OCT 3 I PM 2: 09 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STEVE JUZBASIC, Plaintiff . vs. SHERIE ARIAS, Defendant CIVIL NO. 2014 -1907 • JURY TRIAL DEMANDED • CIVIL ACTION — LAW . PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY REQUESTS PURSUANT TO PA. R.C.P. 4019 COMES NOW Plaintiff, through his attorneys, Scaringi & Scaringi, P.C., and respectfully represents: 1. Plaintiff filed his Complaint in the instant action on April 21, 2014. 2. On August 14, 2014, Plaintiff served his Interrogatories and Request for Production of Documents on Defendant. A true and correct copy of Plaintiffs Certificate of Service of Plaintiff's Interrogatories to Defendant is attached hereto and incorporated herein as "Exhibit A." A true and correct copy of Plaintiffs Certificate of Service of Plaintiff's Request for Production of Documents is attached hereto and incorporated herein as "Exhibit B." 1 3. Rule 4006(a)(2) of the Pennsylvania Rules of Civil Procedure provides that "[e]ach interrogatory shall be answered fully and completely unless objected to...The answering party shall serve a copy of the answers, andobjections if any, within thirty days after the service of the interrogatories." 4. Rule 4009.12(a) of the Pennsylvania Rules of Civil Procedure provides as follows: (a) The party upon whom the request [for production of documents] is served shall within thirty days after the service of the request (1) serve an answer including objections to each numbered paragraph in the request, and (2) produce or make available to the party submitting the request those documents and things described in the request to which there is no objection. 5. Defendant failed to answer or object to Plaintiff's Interrogatories within thirty days after service of the interrogatories. 6. Defendant failed to answer or object to Plaintiffs Request for Production of Documents within thirty days after service of the request. 7. On or about September 24, 2014, Plaintiff's counsel sent correspondence to Defendant's counsel notifying Defendant's counsel that Defendant's Answers to Plaintiff's discovery requests were overdue, and advising counsel that Plaintiff would file a motion to compel answers if Defendant did not serve answers by October 6, 2014. A true and correct copy of the September 24, 2014 letter is attached hereto and incorporated herein as "Exhibit C." 8. . As of the date of this filing, Defendant has neither answered nor objected to any of Plaintiffs discovery requests, nor responded to undersigned counsel's letter of September 24, 2014. 2 9. As of the date of this filing, Plaintiff's Interrogatories and Request for Production of Documents remain outstanding. 10. As of the date of this filing, Plaintiff has received no communication from Defendant regarding Plaintiff's outstanding discovery requests. 11. Pursuant to Rule 4019(a)(1) of the Pennsylvania Rules of Civil Procedure, "the court may, on motion, make an appropriate order if (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005; (vii) a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested; (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. - WHEREFORE, Plaintiff respectfully requests the Court to enter an Order compelling Defendant to comply with Rules 4006 and 4009.12 of the Pennsylvania Rules of Civil Procedure and directing Defendant to answer Plaintiff's outstanding discovery requests within twenty (20) days after the Court's order. Date: October 31, 2014 Respectfully submitted, 3 nan C. Caffrey PA ID # 42667 Attorney for Plaintiff Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 717-657-7770 (phone) 717-657-7797 (fax) brian@scaringilaw.com VERIFICATION I verify that the statements made in the foregoing Motion to Compel Answers to Discovery Requests Pursuant to Pa. R.C.P. 4019 are true and correct.. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: October 31, 2014 4 ian C. Caffrey, Esquire, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STEVE JUZBASIC, CIVIL NO. 2014 -1907 Plaintiff • • vs. • JURY TRIAL DEMANDED SHERIE ARIAS, Defendant • CIVIL ACTION — LAW CERTIFICATE OF SERVICE I, Sherry A. Clark, paralegal for Scaringi & Scaringi, P.C., do hereby certify that the foregoing PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY REQUESTS PURSUANT TO PA. R.C.P. 4019 have been duly served upon Defendant's attorney, by depositing a true and correct copy of same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Date: Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 Sherry Paralega 5 EXHIBIT A IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STEVE JUZBASIC, CIVIL NO. 2014 - 1907 Plaintiff vs. : JURY TRIAL DEMANDED SHERIE ARIAS, Defendant : CIVIL ACTION — LAW CERTIFICATE OF SERVICE I, Sherry A. Clark, paralegal for Scaringi & Scaringi, P.C.; do hereby certify that the foregoing PLAINTIFF'S INTERROGATORIES TO DEFENDANT have been duly served upon Defendant's attorney, by depositing a true and correct copy of same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Date: August 14, 2014 Charles E. Petrie, Esq. 3528 Brisban Street Harrisb , PA 17111 EXHIBIT B IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA STEVE JUZBASIC, Plaintiff vs. SHERIE ARIAS, Defendant : CIVIL NO. 2014 - 1907 : JURY TRIAL DEMANDED : CIVIL ACTION — LAW CERTIFICATE OF SERVICE I, Sherry A. Clark, paralegal for Scaringi. & $caringi, P.C., do hereby certify that the foregoing PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS have been duly Served upon Defendant's attorney, by depositing a true and correct copy of same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Date: August 14, 2014 Charles E. Petrie, Esq. 3528 Brisban Street Harrisbur PA 17111 Sherry A. Paralegal EXHIBIT C THE ATTORNEYS MARC A. SCARING! MLLANIE WAI. ? SC.ARINGI FRANK C. SLUZIS KEITH E. KF NDALL CASEY L. SIPE ERIN K. KOMADA** BRIAN C. CAFFi1EY JUDITH T. WALZ* *OP Corm= **LICFNYPDTOPRA( 'nci LiW,IXNPF.-YORK Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 carie, cal, P.C. A dill Service Law Firm N'Wts.%CaI'1ngi1RW.4.,m RE: Juzbasic v. Arias Cumberland County No. 2014-1907 Dear Mr. Petrie: September 24, 2014 THE ADMINISTRATIVE STAFF FIRM ADMINISTRATOR DOMINIC M. PURF LAW CLERKS MARY I.. SNYDER KRISI'INA NICOLE PARALFGA1A SHARI R. COP1ENHAVM AMY M. BRADY TAHITIA R. MAR'T'IN SHERRY A. CLARK Your client's answers to my client's interrogatories and request for production of documents are overdue. To date, you have served neither answers nor objections. If you do not serve answers by October 6, 2014, we will file a motion to compel your client to do so. Very truly yours, flan C. Caffrey C: Steve Juzbasic CARLISLE OFFICE 44 S. HANOVER STREET!' CARL1 Lt. PA 17013 717-960.0075 717-960-0074(D Reply to: HARRISBURG OFFICE 2000 L1NGLES1c:WN ROAD, SUIfk 106 HARRISBURG, PA 17110 717-657-7770 717-657-7797(f) N1.WPORT OFFTCE 14 S. 2" STREET NSwroRr,PA 17074 717-567-0380 717-567-0379(f) rt -.;LED- OF ICE 1=4-: THE PRUTHONO► IARY 2U1NOV -5 AM 8:51 CUMBERLAND COUNTY PENNSYLVANIA STEVE JUZBASIC, Plaintiff v. SHERIE ARIAS, Defendant Count? of Cumberlanb IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 14-1907 CIVIL ACTION IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY REQUESTS PURSUANT TO PA. R.C.P. 4019 ORDER OF COURT AND NOW, this 4th day of November 2014, upon consideration of Plaintiff's Motion to Compel Answers to Discovery Requests Pursuant to Pa. R.C.P. 4019, a RULE is issued upon Defendant to show cause the requested relief should not be granted. PLAINTIFF shall effectuate service of this Order of Court upon Defendant and shall file proof of service. Response by Defendant shall contain a proposed order. RULE RETURNABLE twenty (20) days from the date of service. D.stribution List: s/Blian C. Caffrey, Esq. ✓Charles E. Petrie, Esq. Co► /sly BY THE COURT, Tho -s A. Placey C.P.J. CHARLES E. PETRIE, ESQUIRE ID# 29029 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL.com (_EU -O{ F i�, i sE PtiO1 } W�L_ 01 rah NOV 24 Mi 3G CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant STEVE JUZBASIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. : NUMBER: 2014-1907 SHERIE ARIAS, : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY REQUESTS PURSUANT TO PA. R.C.P. 4019 NOW COMES the Defendant, SHERIE ARIAS, by and through her attorney, Charles E. Petrie, and respectfully answers Plaintiff's Amended Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. No responsive pleading required. 5. Admitted 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. No responsive pleading required. NEW MATTER 12. On November 24, 2014, the undersigned counsel hand delivered Defendant's Answers to Interrogatories, and all documents sought to be produced pursuant to Plaintiff's Request for Documents. WHEREFORE, Defendant respectfully requests that Your Honorable Court dismiss Plaintiff's Motion to Compel Answers to Discovery Requests Pursuant to PA R.C.P. 4019. Respectfully submitted, cze CHARLES E. PETRIE, ESQUIRE ID# 29029 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL.com ATTORNEY FOR DEFENDANT STEVE JUZBASIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. SHERIE ARIAS, NUMBER: 2014-1907 : JURY TRIAL DEMANDED Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that on November 24, 2014, I served a true and correct copy of the attached Answer to Brian C. Caffey, Esquire, Attorney for Plaintiff, by U.S. First Class Mail, postage prepaid, addressed as follows: BRIAN C. CAFFREY, ESQ. SCARINGI 8v SCARINGI 2000 LINGLESTOWN ROAD, SUITE 106 HARRISBURG, PA 17110 CHARLES E. PETRIE ATTORNEY FOR DEFENDANT PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) GA - 74 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) February 6, 2015 c — -----------------=--------------------- : a ( -1 co CAPTION OF CASE 'r''m. 1. (entire caption must be stated in full) =:a = -or~c r- Steve Juzbasic- z' z*.`�`' VS. HcaCIc7-' Dry °o ; Sherie Arias No. 2014 1907 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion to Compel. Discovery 2. Identify all counsel who will argue cases:. (a) for plaintiffs: Brian C. Caffrey, Esq. 2000 Linglestown Road, Ste 106, Harrisburg, PA 17110 (Name and Address) 717-657-7770 (b) for defendants: Charles Petrie, Esq. 3528 Brisban Street, Harrisburg, PA 17111 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 6, 2015 Girt l"4 315671 Date: -2_®1 gFure Brian C. Caffrey, Print your name Steve Juzbasic, Plaintiff Attorney for INSTRUCTIONS: ' 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted.