HomeMy WebLinkAbout14-7226COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No.N.— 7,226 eib t
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.
/1// ICA Ae.-/ SCO C y
ADDRESS OF APPELLANT CITY
64.51L /h,71 5.4 5/e z. CaV/jJC
DATE OF JUDGMENT iN THE CASE OF (P/inti
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KF. No.
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NAME OF MDJ •
fiOnc•r4/C
STATE
7/3
/140trotri
(Defendant)*
Cet
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ZIP CODE
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
Signature. a Prothenatar/ or Deputy
S -.NATURE OF APPELLANTOP ATTORNEY
AGENT
If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
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 a ppellee(s)
appellee(s), to tile a complaint in this appeal
(Common Pleas No. ) within twenty (20) days after service of rule or sufferentry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To , appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of•service of this rule if service was by mail is the date of the mailing.
Date: 20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Mag. Dist. No: MDJ-09-2-02
MDJ Name: Honorable Jessica Brewbaker
Address: 18 North Hanover Street, Suite 106
Business Central Building
Carlisle, PA 17013
Telephone: 717-240-6564
Michael Scott Cobaugh
500 East North St.
Ste. 2
Carlisle, PA 17013
Disposition Details
Disposition Summary
Docket No
MJ -09202 -CV -0000138-2014
cc - Cross Complaint)
Plaintiff
Michael Scott Cobaugh
Notice of Judgment/Transcript Civil
Case
Defendant
Maranatha Carlisle
Michael Scott Cobaugh
V.
Maranatha Carlisle
Docket No: MJ -09202 -CV -0000138-2014
Case Filed: 10/30/2014
Disposition
Judgment for Defendant
Disposition Date
11/20/2014
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, CML 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.
Magisterial District Judge Jessica Brewbaker
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date
Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 11/21/2014 8:36:11AM
Michael Scott Cobaugh
v.
Maranatha Carlisle
•
Participant List
Plaintiff(s)
Michael Scott Cobaugh
500 East North St.
Ste. 2
Carlisle, PA 17013
Defendant(s)
Maranatha Carlisle
17 E High St Suite 104
Carlisle, PA 17013
Docket No.: MJ -09202 -CV -0000138-2014
MDJS 315 Page 2 of 2
Printed: 11/21/2014 8:36:11 AM
IN THE COURT OF COMMON PLEAS OF C(j,tth r/a4cL COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
McAne/ Sco7 Co,buv,Ii
Plaintiff :
vs.
4arana? e, Carl, f/e.
Defendant
No. lY— / 2Zb r;;),L
60f4
PETITION TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
The Petition of MiChte f $co# Cv b a u,A respectfully represents:
1. I am the P/ca s11- 'cf in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees)and osts is
true and correct:
(a) Name: MI cJctie 1 Sco *' Cob c4 9
cr
rri W
zr7 rn
.J c)
Cra
Address: 500 geSf/1/orf/ 57 5fe, 2- Car/If/e, Pa, 170r-
:r-
%0r
Soc. Sec. No.: / gg , q'5Z5
(b) Employment --If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
CD
r"rl
--If you are presently unemployed, state
Date of last employment: May Z d /
Salary or wages per month: / o rnofh
Type of work: .SAoio /e /f er,
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
Support payments:
Disability payments: 8$ $ Rs r '414'411)
Workman's compensation:
Public assistance:
Other:
(d) Other contributions to household support
Spouse's Name:
If your spouse is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from child(ren):
Contributions from parents:
Other contributions:
(e) Property owned
Cash:/"uo
Checking account: 116 , do
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle: Make: ; Year:
Cost: ; Amount owed:
Stocks: Bonds:
Other:
(0 Debts and obligations
Mortgage:
Rent: Ali 000, c" P tr ft on 1-6
Loans:
Other:
Electric
Water
Telephone
Cable
Credit cards
Auto Insurance
Gasoline
Food 4 3 CO E �o
?ex
Mond C5NAP)
(g) Persons dependent upon you for support
Spouse's Name:
Child(ren), if any: /
Name(s) and age(s):
Mczheti/ C bac.9e
Other persons: Name:
Relationship:
4. I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit 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.
Llce,nher 15� zo/'/
Date Petitioner
IN THE Common Pleas COURT CUMBERLAND CO.
PENNSYLVANIA
In re: Michael Cobaugh .•
Father of Matthew L. Cobaugh .
and POA fbo Paula Dimpsey •
disabled mother of Minor Child r;
-0 ---,
c-"nR
: Civil Law No: / / w fr -< v, — =
r ko c
Maranatha- Carlisle �/� c – c, ,
�;
Nominal respondent
•
Motion for Peremptory Judgment
And now comes Michael Cobaugh pro se seeking peremptory
judgment pursuant to Pa.R.Civ.P 1098 :
Rule 1098. Peremptory Judgment.
At any time after the filing of the complaint, the court may enter
judgment if the right of the plaintiff thereto is clear. Judgment
shall not be entered without prior notice to all parties unless the
exigency of the case is such as to require action before notice, in
which event notice shall be given as soon as possible
The proceedings in Magistrate Court were a "political ruse"
where Michael Cobaugh was first required to file 2 pleadings at an
expense of $450 (which he was forced to borrow) and where procedural
1
due process was "violated",
As Maranatha-Carlisle presents itself as an agent of Government
and corruptly conspires to take advantage of the indigent it is not
entitled to "notice prior to order";
Pursuant to Rule 708 the Magistrate filing and fees shall be
regarded as if filed in the Cumberland County Common Pleas and if
properly filed as a "mandamus" when originally filed;
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 7 - Jurisdiction of Appellate Courts
§ 708. Improvident administrative appeals and other matters.
(a) General rule. --No objection to a•governmental determination
shall be defeated by reason of error in the form of the objection or
the office of clerk of court in which the objection is filed.
(d) Place of filing. --Section 5103 (relating to transfer of
erroneously filed matters) shall also be applicable to an appeal or
other matter which is deemed to be filed or commenced under any
provision of this section.
(e) Single form of action. --Where pursuant to general rules
review of a determination of a government unit may be had by a
petition for review or another single form of action embracing the
appeal and actions in the nature of equity, mandamus,
prohibition, quo warranto or otherwise, the jurisdiction of the
appellate court shall not be limited by the provisions of 1 Pa.C.S.
§ 1504 (relating to statutory remedy preferred over common law),
but such provisions to the extent applicable shall limit the relief
available.
2
Respectfully Submitted,
Michael Cobaugh
500 E North Road
Carlisle PA 17013
(717) 254-3268
Certificate of Service
I Michael Cobaugh do hereby certify a copy of the foregoing was hand
deliv • ed to prot onotary and Court administration:
—/tom
Michael Cobaugh
500 East North Street
Carlisle, PA 17013
(717) 254-3268
6
r:LEu-CFs-1r7;
THE PROTHONOTAFH.
Mit DEC 19 PH 1:37
CUMBERLAND COUNTY
ppENNSYLVANIA
H E Common Pleas COURT CUMBERLAND Cu.
PENNSYLVANIA
In re: Michael Cobaugh
Father of Matthew L. Cobaugh
and POA fbo Paula Dimpsey
disabled mother of Minor Child
Civil Law No: /Cf-722644sif 6
v.
Maranatha- Carlisle
Nominal respondent
Complaint in Mandamus
And now comes Michael Cobaugh pro se under Pa.R.Civ.P 1091
and files this "complaint in mandamus":
Parties
I. Michael Cobaugh is n adult residing at 500 E North Street
Carlisle PA 17013 who has a court order issued by Judge Ebert
identifying him as the "sole legal and physical guardian of the
minor child" and who has POA for Paula Dimpsey EXHIBIT A &
B;
II. Maranatha Carlisle is a RICO enterprise who preys upon
the "disabled" to "fraudulently induce" the innocents to employ
their services "as listed on their website";
Expense Management and Budgetary Assistance for
individuals and families who are experiencing financial
difficulties. Our counselors will assist in developing a plan
to enable individuals to meet their monthly obligations. On
receipt of the individual's funds and monthly bills, creditors
will then be paid by Maranatha-Carlisle. Our goal is for
individuals to gradually assume responsibility for
management of their own finances.
Representative Payee Services
Representative Payee Services to assist individuals receiving
Social Security benefits to better budget expenses and to
ensure their basic needs and expenses are covered.
Maranatha-Carlisle will receive their funds, pay needed
expenses, and distribute a weekly check to the individual
1H. Maranatha is a PA registered non-profit corporation
subject to the laws of PA located at;
The Wellington
17 East High Street
Suite 104
Carlisle, PA 17013
W. Brief Factual Background
1. At some point in the past Maranatha "fraudulently
induced" Paula Dimpsey to "sign up for their services" as
"expense manager" and "representative payee";
2. The fraudulently induced conduct is supported by the
2
wholly illusory promise "that Maranatha will receive all SS DI
benefits for Paula Dimpsey" and then distribute as to the needs of
Paula Dimpsey "for food clothing and shelter";
3. Repeated requests from Michael Cobaugh and Paula
Dimpsey have been denied as to "insufficient reasoning" to ever
obtain the Monies Provided to Maranatha by way of Paula
Dempsey's SSDI;
4. IN what can only be described as RICO conduct Maranatha
"without approval of Michael Cobaugh" [the guardian for the
minor child] made arrangements with SSDI for Maranatha to
become the "payee of the minor child's SSDI benefits" fbo of the
Minor Child and "unlawfully" proceeded to close the previously
established Metro Bank Account with 6 month auditing
provisions already established and .had 'the minor child's funds
comingled with Paul Dempsey's funds [with Maranatha (without
any accountability)]and refuses to distribute any of the funds for
the benefit of the "child's food clothing and or shelter";
5. ON or about 11/20/2014 @ MDJ-09-2-02 MJ-09202-CV-
0000138(&9)-2014 the magistrate "refused to compel production
of all funds unlawfully absconded" to the Proper Payee Michael
3
Cobaugh (fees paid $450);
6. Pursuant to Rule 708 the proper Judicial Procedure is
"mandamus" to enforce the preexisting "domestic relations
order" and at all relevant times and as if originally filed in this
proper court; whereby this honorable must compel adherence to
its previously issued "domestic relations order" EXHIBIT A;
No Other Remedy
6. SSDI has indicated "they are not bound by the Domestic
Relations Order" signed by this honorable court;
7. Maranatha is a Politically corrupt and connected enterprise
who simply provides one excuse after another (while refusing to
distribute any funds) "preying on the indigent" to establish
themselves as alternate payee "with no intention of ever
distributing the SSDI funds for the lawful beneficiaries";
Proper Process
8. It is beyond doubt this court has already provided Michael
Cobaugh is the "guardian" entitled to receive all monies fbo the
minor child from the Paula Dimpsey SSDI and mandamus lies to
compel the production of all monies "without discount" by the
RICO enterprise Maranatha EXHIBIT A;
4
9. Maranatha is a `non-profit corporation" pretending to do
charitable works as a "quasi -governmental agent or agency"
... The corporation may be sued; it may be compelled
by mandamus, and restrained by injunction, directed
to it. Possessing the privileges of a legal entity, and
having records, books, and papers, it is under a duty
to produce them when they may properly be required
in the administration of justice.
Id. pp. 374-375
...'Upon the other hand, the corporation is a creature
of the state. It is presumed to be incorporated for the
benefit of the public. It receives certain special
privileges and franchises, and holds them subject to
the laws of the state and the limitations of its charter.
Its powers are limited by law. It can make no contract
not authorized by its charter. Its rights to act as a
corporation are only preserved to it so long as it obeys
the laws of its creation. There is a reserved right in
the legislature to investigate its contracts and find out
whether it has exceeded its powers.
Id. pp. 383-384
Christopher Wilson v. United States 221 U.S. 361
31 S.Ct. 538 55 L.Ed. 771(1911)
9. Paula Dimpsey was "fraudulently induced by Maranatha"
to divert her SSDI [by its wholly illusory promises of fmancial
education and support] and now wishes to rescind all previous
authorities where Michael Cobaugh will resume POA and
payment of all bills EXHIBIT C;
5
Conclusion
Maranatha is a "non-profit corporation" that preys upon
the indigent to act as an "agent for government" [absconding with
SSDI benefits] under false pretenses, and falsely represents to the
Public it is anything other than a Scam for its own benefit.
Respectfully Submitted,
Michael Cobaugh
500 E North Road
Carlisle PA 17013
(717) 254-3268
6
EXHIBIT A
MICHAEL S. COBAUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : : CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
PAULA L. DIM'PSEY, NO. 2014-4822
Defendant IN CUSTODY
COURT ORDER
AND NOW, this _ ik.day of September, 2014, upon consideration of the attached
Custody Conciliation Report, it is ordered and directed as follows:
1. The fathek, Michael S. Cobaugh, shall enjoy sole legal and primary physical custody
of Matthew L. Cobaugh, born June 24, 2005.
2. The mother, Paula L. Dirnpsey, shall enjoy periods of partial physical custody of the
minor child at such times and under such circumstance as agreed upon by the parties.
3. In the event either party desires to modify this Order, that party may petition the Court
to have this case again scheduled before the Custody Conciliator for a Conference.
•
No party shall be permitted to relocate the residence of the child where said relocation will
significantly impair the ability to exercise custody unless every individual who has custodial
rights to the child consents to the proposed relocation or the court approves the proposed
relocation. Any party j roposing to relocate MUST comply with 23 Pa. C.S. § 5337.
cc: Mr. Michael S. Cobaugh
Ms. Paula L. Dimpsey
BY THE COURT,
C)
C
-133 _r- - -
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of.. —o —7.) :-•
TRUE COPY FROM RECORD r—
In Testimony- z
whereof, 1 i my hand � a c`.
and the S9a1 of said --- -
ii�ls --5. b c-, c� -:
day of 20 .L o
D. c w
—r c'
—� w .-
August 25 2014
I Michael S Cobaugh and I Paula L Dimpsey hereby state on this 25 th
day of August 2014 that neither one of us are contesting the custody of
our son 'Mathew'1 cobaugh.
He wants to live with his Father, and his Mother is willing to let him do
so. Since aside from the past 14 months he always lived with his father.
The only reason we filed with the Court. Is because Mathew receives
SSI and Maranathal is his payee and will not release and funds for the
care of Mathew to'his Father. In which up until April his Father was his
payee and Marantha, PA Counsling, and Stevens Center went behind
Michael's back and got Social Security to name Maranatha his payee.
Marantha wouldn't even give Michael money to buy Mathew clothes
and school supplies to start the new school year. So we request the
Michael be given custody, waive the hearing and give MVlichael and
Paula something in writing stating Mathew is now in full care of his
Father. So he can submit copies to Social Security and Maranatha to get
Mathews SSI payee status returned to him and get "Any" an "All" funds
that Maranatha has. So he can afford to bring his son home.
Mic ael S Cobaugh (Father)
Paula t Dimpsey (Mother)
?OA< L
08/25/2014
08/25/2014
I Paula L Dimpsey give full custody of our son
Mathew L Cobaugh to his father Michael S Cobaugh
on August 11,2014 and will not contest this in
Court. And turn over all assets being received from
Social Security which Maranatha is now receiving so
he can financially provide all of Mathews needs.
Commonwealth of Pennsylvania )
)SS:
County of Cumberland )
On this, the 11th day of August, 2014, before me a notary public, the undersigned officer,
personally appeared: Paula L. Dinpsey, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
In witness hereof, I h reunto set my hand and official seal.
Notary Public
C9Mt4ONwEAL71-1 OF PENNSYLVANIA
NOTARIAL SEAL
THOMAS E. FLOWER, Notary Public
Carlisle Boro_, Cumberland County
My Commission Expires Octoberj6 014
MICHAEL S. COBAUGH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
PAULA L. DIMPSEY,
Defendant
CIVIL ACTION - LAW
: NO. 2014-4822
: IN CUSTODY
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report:
1. The pertinent information pertaining to the child who is the subject ofthis litigation is
as follows:
Matthew L. Cobaugh, born June 24, 2005.
2. Father, Michael S. Cobaugh, filed a pro se complaint for custody. He then notified the
Conciliator directly that the parties have reached an agreement, and a copy of that
agreement is attached to this report. Based upon that agreement, the Conciliator
recommends the entry an Order in the form as attached.
Date: September 3 , 2014
ubert X. Gilroy, E -• uire
Custody ConciIiat r
DURABLE GENERAL POWER OF ATTORNEY
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU
DESIGNATE MICHAEL S. COBAUGH, BROAD POWERS TO HANDLE YOUR
PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF
ANY REAL ESTATE OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO
YOU OR APPROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT
TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR
AGENT MUST USE DUE CARE TO ACT. FOR YOUR BENEFIT AND IN ACCORDANCE
WITH THIS POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT
YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU
EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE
POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENTS
AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S
FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS
YOUR AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY
ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO
EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTENTS.
IN WITNESS WHEREOF, I have hereunto signed my name this 5 A day of
(1 , 2013.
PAULA LOUISE DIMPSEY"
DURABLE GENERAL POWER OF ATTORNEY
Know all men by these presents, which are intended to constitute a
DURABLE GENERAL POWER OF ATTORNEY:
That I, PAULA LOUISE DIMPSEY of 500 East North Street, Carlisle, Cumberland
County, Pennsylvania do hereby appoint MICHAEL S. COBAUGH as my Attorney -in -Fact to
act, as my true and lawful Attorney -in -Fact, for me and in my name, place and stead.
(A) Power with Respect to Bank Accounts. To establish accounts of all
kinds for me with financial institutions of any kind; to modify; terminate, make deposits to and
write checks on and endorse fcr or make wits draw.ils from all accounts in my name or with
respect to which I am an authorized signatory, including all types of annuities; to negotiate,
endorse or transfer any checks or other instruments with respect to any such accounts; and to
contract for any services rendered by any financial institution.
Any financial institution may continue to rely on this power of attorney until it
receives written notice from me that this power of attorney is revoked or actual notice of my death
and shall be indemnified and held harmless by me and my estate, my personal representatives and
heirs against any liability or loss, including lawyers' fees, costs of suit and claims of third parties,
which it might incur by relying on this power after termination or revocation but before it receives
such notice, or at any time because of wrongful acts, omissions or representations of my attorneys
with respect to transactions covered' by this power of attorney. My agent shall be subject to whatever
bank rules and regulations I would be subject to.
(B) Power to Sell and Buy. To sell and buy personal, intangible or mixed
property, specifically the power to buy and or sell real estate upon such terms and conditions as may
seem appropriate; to use any credit card held in my name to make such purchases and to sign such
charge slips as may be necessary to use such credit cards; and to repay from any funds belonging to
me and any money borrowed and to pay for any purchases made or cash advanced using credit cards
issued to me, including the specific authority to sell and to convey any real estate which I may own
or which I may have any ownership interest.
(C) Personal Property. To buy or sell at public or private sale for cash or credit
or partly for each, exchange, pledge, lease, give or acquire options for sales or exchanges or leases,
or by any other means whatsoever to acquire, dispose of, repair, alter or manage tangible or
intangible personal property or any interest therein; and, without limitation, with respect to any
securities, to comply with any securities laws or regulations, to execute indemnity agreements, to
purchase insurance and to pay commissions or discounts required by
any underwriting.
(D) Real Property. To buy or sell at public or private sale for cash or credit or
partly for each, exchange, mortgage, encumber, lease for any period of time, give or acquire options
for sales, purchases, exchanges or leases, dedicate, or by any other means whatsoever to acquire or
dispose of real property or any interest therein; to partition and subdivide real property; to manage
real property; to repair, alter, erect, or tear down any structure or part thereof; and to file such plans,
applications, or other documents in connection therewith and do such other acts as may be requested
by any government or other authority having or purporting to have jurisdiction.
(E) Power with Respect to Safe -Deposit Boxes. To contract with any institution
for the maintenance of a safe-deposit box in my name; to have access to all safe deposit boxes in my
name or with respect to which I am an authorized signatory; to add to and remove from the contents
of any such safe-deposit box and to terminate any and all contracts for such boxes.
Any financial institution may continue to rely on this power of attorney until it
receives written notice from me that this power of attorney is revoked or actual notice of my death
and shall be indemnified and held harmless by inc :Ind my estate, my personal representatives and
heirs against any liability or loss, including lawyers' fees, costs of suit and claims of third parties,
which it might incur by relying on this power after termination or revocation but before it receives
such notice, or at any time because of wrongful acts, omissions or representations of my attorneys
with respect to transactions covered by this power of attorney. My agent shall be subject to whatever
bank rules and regulations I would be subject to.
(F) Power to Exercise Rights in Securities. To exercise all rights with respect
to securities that I now own, or may hereafter acquire; and to establish, utilize and terminate
brokerage accounts.
(G) Power to Borrow Money (including any insurance policy loans). To
borrow money for my account upon such terms and conditions as may seem appropriate and to
secure such borrowing by the granting of security interests in any property or interest in property
which I may now or hereafter own; to borrow money on any life insurance policies owned by me
upon my life for any purposes and to grant a security interest in such policy to secure any such loans;
and no insurance company shall be under any obligation whatsoever to determine the need for such
loan or the application of the proceeds therefrom.
(H) Power with Respect to Taxes. To prepare, execute and file in my name and
on my behalf any return, report, protest, application for correction of assessed valuation of real or
other property, appeal, brief, claim for refund, or petition, including petition to the United States Tax
Court, in connection with any tax imposed or purported to be imposed by any government, authority
or agency, or claimed, levied or assessed by any government, authority or agency and to pay any such
tax and to obtain any extension of time for any of the foregoing; to execute waivers of restrictions
on the assessment and collection of deficiency in any tax; to execute closing agreements and all other
documents, instruments and papers relating to any tax liability of mine of any sort; to institute and
carry on either through counsel or otherwise any proceeding in connection with contesting any such
tax or to recover any tax paid, or to resist any claim for additional tax or any proposed assessment
or levy thereof, and to enter into any agreements or stipulations for compromise of other adjustment
or disposition of any tax.
(1) Power to Demand and Receive. To demand, arbitrate, settle, sue for, collect,
receive, deposit, expand for my benefit, reinvest or make such other appropriate dispositions of, as
my Agents deem appropriate, all cash rights to payments of cash, property (personal, intangible,
and/or mixed), rights and/or benefits to which I am now or may in the future become entitled,
regardless of the identity of the individual or public or private entity involved (and for the purposes
of receiving Social Security benefits, my Agents are herewith appointed my "Representative
Payees"); to utilize all lawful means and methods for such purposes.
(J) Insurance. To procure, alter, extend or cancel insurance against any and all
risks affecting property and persons, and against liability, damage or claim of any sort; and to
exercise any non -forfeiture provisions of life insurance policies.
(K) Gifting. To make such gifts of my property to one or more of my issue and
charities in such form and amounts as my attorney. believes would be in accordance with my wishes.
(L) Employment of Others. To employ accountants, attorneys -at -law,
investment counsel, custodians, agents, servants, and others, to delegate to them, to
remove them, to appoint others in their places, and to pay them such remuneration as my attorney
shall deem proper.
(M) Execution of Documents. To execute, deliver, file for record, cancel, modify,
endorse, acquire or dispose of any instrument, including but not limited to, stock and bond powers,
vehicle registrations, financing statements and related filing documents, reports of any sort to any
government, authority or agency, required or permitted by law, deeds with or without covenants or
warranties, and any other document appropriate for carrying out any of the foregoing powers.
(N) Governing Law. This power of attorney shall be governed by and interpreted
in accordance with Pennsylvania law.
This instrument may not be changed orally.
This Power of Attorney is durable and shall not be affected by the subsequent
disability or incompetence of the principal.
TO INDUCEANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY
THIRD PARTY RECEIVING DULY EXECUTED COPY OR FACSIMILE OF THIS
INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION
HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL
ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OF TERMINATION
SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY AND I FOR MYSELF AND
FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY
AGREE TO INDEMNIFYAND HOLD HARMLESS ANY SUCH THIRD PARTY FROM
AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD
PARTYBYREASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS
OF THIS INSTRUMENT.
IN WITNESS WHEREOF, I have hereunto signed my name this ,-v5 day of
, 2013.
k ,T, 7 C.A,S€ Drni:.5ev
PAULA LOUISE DIMPSEY'
Witness
Witness AAV
CERTIFICATE OF NOTARY
STATE OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On the ,R5 day of , 2013,
before me personally came PAULA LOUISE DIMPSEY whose identity is well known to me
and known to me to be the individual described in and who executed the foregoing instrument,
and she acknowledged to me that she executed same.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JOAN D. ADAMS, Notary Public
Carlisle Boro., Cumberland County
My Commission Expires March 15, 2015
ACKNOWLEDGMENT
t G. Cab.. ,.* , have read the attached Power of Attorney
and am the person identified as the Power of Attorney for the principal. I hereby acknowledge
that in the absence of a specific provision to the contrary in the Power of Attorney or in 20
Pa.C.S. when 1 act as Power of Attorney:
I shall exercise the powers for the benefit of the principal.
I shall keep the assets of the principal separate from my assets.
I shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of all actions, receipts and disbursements on behalf
of the principal.
IN WITNESS WHEREOF, I have hereunto signed my name this z5
c ,20 .
day of
Witness
/
CERTIFICATE OF NOTARY
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS.
On the 2s4:3144 da. - off' /44.4-4 4 ,2011
before me personally came .A.1/ - ,,4-, L.- 5 ; ,4 -t, -,-..y.,4 whose identity is well
known to me and known to me to be the individual described in and who executed the foregoing
instrument, and he acknowledged to me that he executed same.
Notary Public
_COMMNWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JOAN 0. ADAMS, Notary Public
Carlisle Bono, Cumberland Carty
*Commission Eres March 15, 2015
C
Certificate of Service
I Michael Cobaugh do hereby certify a copy of the foregoing has been hand
delivered to the Cumberland County Prothonotary, Court Administration and by
Sheriff as required by law as follows;
Maranatha-Carlisle
The Wellington
17 East High Street
Suite 104
Carlisle, PA 17013
Michael Cobaugh
500 East North Street
Carlisle, PA 17013
(717) 254-3268
7
MICHAEL SCOTT COBAUGH,
Plaintiff
v.
MARANATHA CARLISLE,
Defendant
Eountp of Cunibertnnb
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
14-7226 CIVIL TERM
IN RE: PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
ORDER OF COURT
AND NOW, this 30th day of December 2014, upon consideration of Plaintiff's
Petition for Leave to Proceed In Forma Pauperis, and it appearing that the Plaintiff has
complied with the requirements of Pa R.C.P. 240, the Petition is GRANTED. Plaintiff
may file the action In Forma Pauperis and proceed to the termination of proceedings
without payment of filing fees or costs
Distribution List:
Maranatha Carlisle
chael Scott Cobaugh
peasooz. t ei.ofki
bkizOpy
B -cO1J
Thomas A. Placey C.P.J.
All 10: 5
i:',
IN RE: MICHAEL COBAUGH,
Father of Matthew L. Cobaugh and
POA f/b/o Paula Dimpsey
Disabled Mother of Minor Child
Plaintiff
v.
MARANATHA - CARLISLE,
Defendant
Countp of Combed*
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
14-7226 CIVIL TERM
IN RE: MOTION FOR PEREMPTORY JUDGMENT
ORDER OF COURT
AND NOW, this 6th day of January 2015, upon consideration of Plaintiff's Motion
for Peremptory Judgment, a RULE is issued upon Defendant to show cause as to why
the requested relief should not be granted. PLAINTIFF shall effectuate service of this
Order of Court upon Defendant and shall file proof of service. Defendant SHALL include
a proposed Order with any response. The Prothonotary is DIRECTED to deliver the file
upon the filing of any response to this Order with the Court.
RULE RETURNABLE twenty (20) days from the date of service.
BY THE COURT,
Thomas Placey C.P.J.
Sty ibution List:
aranatha Carlisle
Michael Scott Cobaugh
. 6 �S' d
/Ms
F.\FILES\Clients\[5889 Maranatha-Carlisle\15889.4 Cobaugh\15889.4.pracipe.wpd .
Katie J. Maxwell, Esquire
Attorney I.D. No. 206048 I ti t a ,
MARTSON LAW OFFICES r-, N�!S YLV', } �r}
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Maranatha-Carlisle
In re: Michael Cobaugh : IN THE COURT OF COMMON PLEAS OF
Father of Matthew L. Cobaugh and : CUMBERLAND COUNTY PENNSYLVANIA
POA fbo Paula Dimpsey
disabled mother of Minor Child,
V. : NO. 14-7226 CIVIL
Maranatha-Carlisle
Nominal Respondent
PRAECIPE
To the Prothonotary:
Plaintiff has failed to comply with Pa. R.C.P.M.D.J. No. 1005(b) as he failed to file proof
of service of copies of his Notice of Appeal within ten (10) days after filing the Notice of Appeal.
Please strike the Plaintiff's appeal in accordance with Pa. R.C.P.M.D.J. No. 1006.
MARTSON LAW OFFICES
By:
Katie . axwell, Esquire
LD No. 206018
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: I��1 �'5-
s
Katie J. Maxwell, Esquire
Attorney I.D. No. 206048
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Maranatha-Carlisle
In re: Michael Cobaugh : IN THE COURT OF COMMON PLEAS OF
Father of Matthew L. Cobaugh and : CUMBERLAND COUNTY PENNSYLVANIA
POA fbo Paula Dimpsey
disabled mother of Minor Child,
V. : NO. 14-7226 CIVIL
Maranatha-Carlisle
Nominal Respondent
STRIKING OF APPEAL
Due to Plaintiff's failure to comply with Pa.R.C.P.M.D.J.No. 1005(b),the appeal docketed
at 14-7226 is hereby stricken pursuant to Pa. R.C.P.M.D.J. No. 1006.
By the Prothonotary of Cumberland County
7//5- i�azeL
-TP?/
Distribution:
Katie J. Maxwell, Esquire
Michael Cobaugh
500 East North Road
Carlisle, PA 17013
CERTIFICATE OF SERVICE
I,Mary M. Price, an authorized agent of Martson Law Offices, hereby certify that a copy of
the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA,
first class mail, postage prepaid, addressed as follows:
Michael Cobaugh
500 East North Road
Carlisle, PA 17013
MARTSON LAW OFFICES
By: . 0'46C�/
M ry . Price
Ten EYst High Street
Carlisle, PA 17013
(717) 243-3341
Date:
F:\FILES\Clients\15889 Maranatha-Carlisle\15889.4 Cobaugh \ 15889.4.motion.wpd
Katie J. Maxwell, Esquire
Attorney I.D. No. 206048
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Maranatha-Carlisle
TITE
V315JO-8 1\118:10
rt*iriS�LVAN
In re: Michael Cobaugh
Father of Matthew L. Cobaugh and
POA fbo Paula Dimpsey
disabled mother of Minor Child,
v.
Maranatha-Carlisle
Nominal Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 14-7226 CIVIL
MOTION TO VACATE ORDER
AND NOW, comes Maranatha-Carlisle, by and through their attorneys, MARTSON LAW
OFFICES, and in support of its Motion to Vacate Order avers as follows:
1. On December 16, 2014, Plaintiff filed a Notice of Appeal from a judgment of the
Magisterial District Judge.
2. Plaintiff is appealing the November 20, 2014, Order of MDJ Brewbaker which
entered judgment for the Defendant.
3. On December 19, 2014, Plaintiff filed a Complaint in Mandamus and a Motion for
Peremptory Judgment.
4. Pursuant to Pa. R.C.P. M.D.J. 1005, Plaintiff should have served the Defendant by
personal service or by certified or registered mail. Plaintiff only provided Defendant with a copy of
his Complaint and Motion by placing a copy through Defendant's mail slot.
5. Also pursuant to Pa. R.C.P.M.D.J. 1005(b), Plaintiff was to file a Notice of Proof of
Service within ten (10) days after filing the Notice of Appeal. Plaintiff has failed to file a Proof of
Service with the Prothonotary's office as of the date of this filing.
6. Due to the deficiencies of Plaintiff's appeal, Defendant filed a Praecipe to strike
Plaintiff's appeal pursuant to Pa. R.C.P.M.D.J. 1006.
•
7. The appeal was stricken by the Prothonotary on January 7, 2015, for failure to comply
with Pa. R.C.P.M.D.J. 1005(b). A copy of the striking of the appeal is attached hereto as
Exhibit "A".
8. The Honorable Thomas A. Placey entered an Order on Plaintiff's Motion for
Peremptory Judgment on January 6, 2015, and issued a Rule upon Defendant to show cause as to
why Plaintiff's requested relief should not be granted.
9. Due to the fact that the appeal has been stricken, Defendant requests that the Court
vacate its Order of January 6, 2015.
WHEREFORE, Defendant respectfully requests this Honorable Court to vacate Order of
January 6, 2015, as the appeal filed by Michael Cobaugh has been stricken pursuant to Pa.
R.C.P.M.D.J. 1006.
Date: 11 Il IS
MARTSON LAW OFFICES
By: /‘4a4A—
Katie
J. ' . % well, Esghire
I.D No. 16018
10 East High Street
Carlisle, PA 17013
(717) 243-3341
EXHIBIT "A"
Katie J. Maxwell, Esquire
Attorney I.D. No. 206048
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Maranatha-Carlisle
In re: Michael Cobaugh
Father of Matthew L. Cobaugh and
POA fbo Paula Dimpsey
disabled mother of Minor Child,
v.
Maranatha-Carlisle
Nominal Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO. 14-7226 CIVIL
STRIKING OF APPEAL
Due to Plaintiff's failure to comply with Pa. R.C.P.M.D.J. No. 1005(b), the appeal docketed
at 14-7226 is hereby stricken pursuant to Pa. R.C.P.M.D.J. No. 1006.
1) 7/75 -
Distribution:
Katie J. Maxwell, Esquire
Michael Cobaugh
500 East North Road
Carlisle, PA 17013
By the Prothonotary of Cumberland County
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the sl of said Court at Carlisle; Pa.
This... ---day of ram , 20 �.
prothonotary , ._
F:\FILES\Clients\15889 Maranatha-Carlisle\I 5889.4 Cobaugh\ 15889.4.pracipe.wpd
Katie J. Maxwell, Esquire
Attorney I.D. No. 206048
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Maranatha-Carlisle
I l:
r r,.
-7 Pti 2: C
CUMBERLAND COUI.:
PENNSYLVANIA
In re: Michael Cobaugh
Father of Matthew L. Cobaugh and
POA fbo Paula Dimpsey
disabled mother of Minor Child,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
v. : NO. 14-7226 CIVIL
Maranatha-Carlisle
Nominal Respondent
PRAECIPE
To the Prothonotary:
Plaintiff has failed to comply with Pa. R.C.P.M.D.J. No. 1005(b) as he failed to file proof
of service of copies of his Notice of Appeal within ten (10) days after filing the Notice of Appeal.
Please strike the Plaintiff's appeal in accordance with Pa. R.C.P.M.D.J. No. 1006.
Date: 1'1 1 S
MARTSON LAW OFFICES
By: `(
Katie axwell, Esquire
I.D No. 206018
10 East High Street
Carlisle, PA 17013
(717) 243-3341
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of Martson Law Offices, hereby certify that a copy of
the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA,
first class mail, postage prepaid, addressed as follows:
Michael Cobaugh
500 East North Road
Carlisle, PA 17013
MARTSON LAW OFFICES
By:
Date:
M ry . Price
Ten .st High Street
Carlisle, PA 17013
(717) 243-3341
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of Martson Law Offices, hereby certify that a copy of
the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first
class mail, postage prepaid, addressed as follows:
Michael Cobaugh
500 East North Road
Carlisle, PA 17013
MARTSON LAW OFFICES
By:
Date: //81(//r
v1 . C2ikee3
M ry4 . Price
Ten ast High Street
Carlisle, PA 17013
(717) 243-3341
7x,26
Certificate of Service
I Michael Cobaugh do hereby certify a copy of the foregoing has been hand
delivered to the Cumberland County Prothonotary, Court Administration and as
follows;
Maranatha-Carlisle
The Wellington
17 East High Street
Suite 104
Carlisle, PA 17013
Michael Cobaugh
500 East North Street
Carlisle, PA 17013
717-243-0338
Ver1/4_05---
()
W'-
CDt..-
7
-• 4
1-11)?i•.
2015
I.
jt -6 TA1 10: 5
GUI918ERLANO COUN1
IN RE: MICHAEL COBAUGH, PENNSYLVANIA
Father of Matthew L. Cobaugh and
POA f/b/o Paula Dimpsey
Disabled Mother of Minor Child
Plaintiff
V.
MARANATHA - CARLISLE,
Defendant
GEtitrottioitti.trItmt
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
14-7226 CIVIL TERM
IN RE: MOTION FOR PEREMPTORY JUDGMENT
• ORDER. OF COURT
AND NOW, this 6th day of January 2015, upon consideration of Plaintiff's Motion
for Peremptory Judgment, a RULE is issued upon Defendant to show cause as to why
the requested relief should not be granted. PLAINTIFF shall effectuate service of this
Order of Court upon Defendant and shall file proof of service. Defendant SHALL include
a proposed Order with any response. The Prothonotary is DIRECTED to deliver the, file
upon the filing of any response to this Order with the Court.
RULE RETURNABLE twenty (20) days from the date of service.
BY THE COURT,
Thomas Place C.P.J.
Distribution List:
Maranatha Carlisle
Michael Scott Cobaugh
PRO t i i ;tl i1 t
2OI5 JAM 14 PM 1: 2 3
C MBERLAPD COUNTY
IN RE: MICHAEL COBAUGH, PENNSYLVA 1A
Father of Matthew L. Cobaugh and
POA-f/b/o-Paula Dimpsey
Disabled Mother of Minor Child
Plaintiff
v.
MARANATHA - CARLISLE,
Defendant
Count? of Cumberlonb
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
14-7226 CIVIL TERM
IN RE: MOTION TO VACATE ORDER
ORDER OF COURT
AND NOW, this le day of January 2015, upon consideration of Defendant's
Motion to Vacate Order, Defendant's requested relief is GRANTED. The Court Order of
6 January 2015 is hereby VACATED.
Distribution List:
ie J. Maxwell, Esq.
ichael Scott Cobaugh
iE abl