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08-0894
•.V COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ce - 8 Qy dui L'70zeq 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT LINDA MILBOURNE NOTICE OF APPEAL MAG. DIST. No. OR NAME OF D.J. 09-1-01 DJ CLEMENT, JR. ADDRESS OF APPELLANT CITY STATE ZIP CODE 7563 MORNINGSTAR AVE HARRISBURG PA 17112 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (UtrCNUA/YI) 01(18/2008 THOMAS S. DACHEUX LINDA MILBOURNE VS. ---y -1-1.7 CLAIM NO. CV YEAR 0000550-07 LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. na reo rorya u OR AGENT If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon THOMAS S. DACHEUX Name of appellee(s) (Common Pleas No. ()a - 9 g! ) within twenty (20) days after service of RULE: To THOMAS S. DACHEUX Name of appellee(s) appellee(s) judgment of non pros. of appellant or his attorney or agent (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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailin . Date: ?71 , Year Signat r ro notary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy appellee(s), tojite, a co_Wjaint in this appeal Proth. - 76 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served El a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year by personal service []by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year _, [:] by personal service E]by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature of of ial before whom afrdavd was made Title of official My commission expires on , year Signature of Apiant -05 t'V ' . r- 0..i J f _0 0 - W Ln TJ '" 7 23° x'K9 Cunningham and Cherni 1 - I A IJ f a 9NA A l n n rl n --?1 Date Magisterial District COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENTITRANSCRIPT COUNTY OF. CT11m? CIVIL CASE FAW-, . N°' PLMNTIF F: VACRXM rX 9 ni a WJX "d 1DOM? .: IaL 81S 110?'„M alfi Cxmuw 00 = a. Qom' UK Dowumi ?1, Pa 17070 4 400 ? NT L 0x= wo armelm- -80 3 "3 *IS J I 1 VA I DUEWANT: , . I T?+.: (717) 774-5989 •....-._..-..____ 17070 t"" - XT ? M, LIBM& 7 AVZ aTTORIW 112E IpRTV,TR R 1##fiT?RfAoA bi 74* w JOWM D. C'UMI11r 71Y ?-- J " DOa i0057 .._ ?......_ 2320 ! 3m Docket No.: CV-0000550--07 _07 ?& NARM93 Jt0, Pa 17106-0457 9WA THIS 0 TO NOTM$Y YOU THAT: Judgment: Fm !L1 (Date of JudOment) 1/16/08 Judgment was entered for. (Name) DA ! z M Judwwt was entered saint- INmal JBILtODifrQ, LZ?& In the amount of $ E] Defendants are jointly and severally NaWe. Amount of Judgment $ 2#402.26 Judgment Costs $ ('1 Damages will be assessed on Date & Time ______ _ interest on Judgment $ UW1 This case dismissed wftfW prejudice. Total $ 1,454.76 El Amount of Judgment Subject to AttachmenV42 pa.C.S. § 8127 post j $ poet Juddggmenentt C? s--- r] portion of ,ludgMant for PhYsical damam arisina out of raOIOOIILiai Ib it.ertifled Judcurranat Total .S J ANY PARTY HAS THE RIWT TO APPEAL WMW so DAYS AFTER THE ENTRY OF JUDGMENT BY FILM A NOTICE OF APPEAL WTM THE PROTHDNOTARYMLI M( OF THE COURT OF COMM PLEA% CML DIVISION. YOU MUST MCLUOE A COPY OF THIS NOTICE OF JUOAMFlfIn %ANRf0W W"" WMA VOW M &W^%^ w y.r EXCEPT AS O WERWIU PROVIDED IN 7HE RULES OF CW L PROCEDURE FOR MAGInMlAL MT RICTJUDGE% r THE JUD©MENT HOLDER EI WIS TO ENTER THE JUDOMENT IN THE COURT OF COMMON PLEA=, ALL gIRTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTIEIR PROC M MAY a 48JEp SY THE MAQIETERIAL ONITRICT JUDGE. UNLESS Tiff JUDGMENT IS ENTERED IN 7M COURT QF A t1e"th I RM WHY OF IIA'rWAC11ONI Wt1 h ,rft MAGOTE&AL DISTRICT JUDGE M THE J DG gr+T u...,........ N sern-M, OR Ads txww ism wrr4 ? n Innwouv UDGAS:N DEBTOR PAYS IN FULL. I certify that this is a true and correct copy of the record of the Date 10 1339 a. in. 02-07-2008 2 /2 containing the judgment. Madstarial pi4trW Jo Ana My commission exoires first Mondav of January. 3014 QCA 1 AnPr, 11"7 DUR P>RINMs 1/18/68 11987.an IV or 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ; ss AFFIDAVIT: I hereby swear or affirm that I served i a copy of the Notice of Appeal, Common Pleas No. 08-894 Civil Term , upon the District Justice designated therein on U (date of service) 02/09/2008 , year , [:] by personal serviceXE3by (certified7() mail, sender's receipt attached hereto, and upon the appellee, (name Thomas Dacheux , on February 9 year 2008 b personal service?b certified by y ( r>OMgmail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 0 2 / 0 8 year 2008 _ ? by personal service`?' by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF j, YEAR' Signature official be ore whom affidavit wee Tithe of official ..y Y, My commission expires on - year. d'ordan Cunningham, EsVPatureofaniant 2320 N. 2nd St. Harrisburg, PA 17110 (717) 238-6570 coop Iii OK COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT t-, COMMON PLEAS No.m? '*`/ ?{ ( I amp c '. 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. LINDA MILBOURNE 09-1-01 DJ CLEMENT, JR. ADDRESS OF APPELLANT CITY STATE ZIP CODE 7563 MORNINGSTAR AVE HARRISBURG PA 17112 DATE OF AMOMENT IN THE CASE O (PbWMFN MEFENDANn 01/18/2008 THOMAS S. DACHRUX vs. LINDA ? LBOURNE CLAIM NO. S16NATUR ATTORNEY OR AGENT CV YEAR 0000550-07 LT YEAR r This block will be signed ONLY when this notation is required under PA. lent was Claimant (see PA R.CP.J.P. R.C.P.J.P. No. 10086. If aphel This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in alX0v;Mere district Justice; he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days alter f#hV his NOTICE of APPEAL. 00l (This section of form to be used ONLY when appellant was f?6.ltTg60@*C R.C.P.J.P. No. 1001("7) in action before District Justice. IF NOT USED, detach from copy of 7 ,e of l to be serve ?on appellee. PRAECIPE: To Prothonotary Enter rule upgp,-1- THOMAS S. DACHEUXr x gee(s), to, fifQ a co faint in this appeal Name of appellees) (Common Pleas No.(? `- ) within twenty (20) days after service of ruor suf f judgment of non pros. ! 111 rc,. 7`N RULE White - Green - Yellow - Pink - Gold - -. _ ?? ,?ryr.aw.ro ?gyya.mn vrrua. aerwr7gy-vr iayv?ri appellee(s) Narre? ?qf Aee .) . ? ... _ (1) You are notifiedtpRtwik eS's hW4y entered upon you to file a complaint in this appeal within twenty(20) days after tfte oif, service of this rule upon you by personal service or by certified or registered mail. (2t If you, do not-file a int within this time, a JUDGMENT OF OAOS WILL BE' EI`ITERED AGAINST YOU . UPM PRAECt , (3)The qate of service of this le d service was by mail is the date of the M VIP K , pte; Year mt DIM Court?t>py Y - Appelant's Copy Appellee Copy D. J. Copy Proth. - 76 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBE[11iA D Co IJ14 Y JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAO. DIST. NO' OR NAME OF D.J. l.IADA MLLlt)URNE 09-1-01 DJ CUMENT, Jllt. ADDRESS OF APPELLANT CITY STATE ZIP CODE 7543 }-toKsuL G6rAkt AVX f lk]KRISBURG PA 17112 IN THE OF (PLAINTIFF) (DEFENAANT) T CAI DATE OF JUDGMENT 01 l x DID fTWM" y -.` f ACHW t . 'tti$t1r' INl .33(l if .. VS. CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR WU0550-07 LT YEAR ; This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. No. 1001(5)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. a PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon - HUM" S. DACKLUX appeilee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No.." - f i within twenty (20) days after service of rule or suffer entry of judgment of non pros. owe a of appellant orNs Owney or agent. ?iiair??sa' «$ • i%dt.i?.uit RULE: To , appellee(s) Name of appellees) (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 daft 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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE: (3) The date of service of this rule if service was by mail is the date of the mailing.. r Date: , Year Signature of P otary or Deputy White - Prothohotary Copy Green - Court File Copy, . Yellow - Appelant's Copy Pink - Appellee Copy Proth. - 76 Gold - D. J. Copy ?f COMMONWEALTH OF PENNSYLVANIA 0l-1-01 war Ifto Mm CiAX= a. CJ< SOXX!, OR / MM 400 Xlum= of OL= 2'01fOl 1 ©OI 111111 -EM= 2 lS1f1 Ct8>0'Xnam, PA To PA - -017) 774-5969 17070 12 TOGtiisi! Da PITVZTs : JOEM>T D. F, fl 1 11 1 I10 " !OS 60457 2320 X 211D Of ZAMS 0+0, lPa 17109-0457 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLMwV R- wiwE.raooaESs 215 11000LUM AVE > ?'tw?v.&> ' Pa 17070 L J Vs. DEFENDANT: N" OW ADDR M MIME, 03Mh 7593 111 AVi >ta»etlMIMISI, VA 17112 L ..? Docket No.: CT-0000550-07 Date Filed: 11/20/07 Tf+sf3 0 TO Not rv you ?MT-. - --- -w (Date of Judgment) © Judgment was "red for. 0 Judgment was entered aphst: In the amount of $ 11 1/18/08 (Name) . TiO?fa/ Z (Nan*) lllm 0!!Xlll, L13M G n Defendants are jointly and severally liable. F1 Dwroges will be assessed on Date 4 Time< n This case dismissed widout prejudice. E] Amount of Judgment 3ubjed to AttaclImenV42 Pa.C.S. f 8127 p Part on Of Judwwtt for physical damages arising out of residential laws ANY PMff HAS Tlwit I W TO APPEAL WwR1M1 U DAYi APTEM1.i1?1wMd OF APPEAL MN YM PROTHONOTAIIMAI K OF THE 0?1tND' OF P WW Nrx'.' = A 00MI OF TW NOE1' OP N Mo ' AS 01 "Mm PROWN D N THE RULE= OF CNN. n%= M1E F JUDGE HOUDER RWi IS TO ? IM JUD r w ® ti 11 Ov cow PROM TINT: OOIEIT OF C01fEgN PLEA: AND NO -1.10 Phi UNU M TM JUDG V M w THE COM OP COMMM M M% A ARECOWPORMIRVOFGATWACT10NWITHTHEKAM MMAI MINCI 9ETTLEe, OR O?I BMU COW UN WITH THE JUDGMENT. JAN 1 8 20 Date I certify that this is a true and corrW copy of the record of the Amount of Judgment $ 1, 402.2 Judgment Interest Judgment $ .011 Attorney Fees $ .01111 Tobd $ 1,494.7_ Past Judgment Credits $ frost Judgment Costs a C«UNW Judlpront Tood $ COMM YOU NOTw?CE 1wVI= 0PAPPEAL 9MALMIMIJUDMFTHE I wdese wET WD BY THE MAMMAL DMTVWT JUDGE, 111 TED N TINT JUDGAMW MAY PILE THE JUDGMENT DES I PAYS NN FULL, _, Magisterial District Ju containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2014 SEAL AOPC 315-07 D TS PRIWMI 1/18/00 11:07:00 svwt (Domestic Mail Only; No Insurance Coverage Provided) UM-NOW M. For delivery information visit our wehsite at www.usps.com, C1 Postage $ Certified Fee t 0 Retum Receipt Fee Postm O (Endorsement Required) Here Restricted Dellve ry Fee C] (Endorsement Required) L0 _-r M Total Postage & Fees 2 ns Sent r M M t, NO . T.n or PO Box Not ------- ----. --- . City, State, ZI 1Y-Y1 ol L °--- --- --------.... -Inf?"M . r COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 4ti`tf311'<Ri AND C;OUST'Y JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. J*LA" KI111UURft 04-1-01 DJ CLBWNT, Jet. ADDRESS OF APPELLANT CITY STATE ZIP CODE 75e3 MORSLA"TAX Avg HAUISBURG PA 17112 DATE OF JUDGMENT IN THE OF (PWNTIFF) (DEFENDANT) ?' vs. CLAW NO. CV YEAR 0000550-07 SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT LT YEAR This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. arm" or P-M-7 or PRAECIPE T 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon AltClmAS S. DAWIZUlt appellee(s), to file a complaint in this appeal Name of appeNee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. a.... _..,. x. i 1 v.+.. ..rte ......w n..... ... r1... - - . .? tI tie 0 ,?Pe?nt Or iB attorne)t aapent RULE: To Ti (ma a. 0ACtf1 UX , appellee(s) Name of S Pettee(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, thovdate of,§ervice of this rule upon you by personal service or by certified or registered mail. (2) If y& do.not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE: s , (3) The date of service of this rule it service was by mail is the date of the mailing. Bate , Year s Signature of Prothonotary or Deputy White - Protho"ary Cgrpy x Green - Court FI16Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 f? COMMONWEALTH OF PENNSYLVANIA cnr ami no. 0l-1-01 wj NOW Floe. comas 11 A. A 080 sat M IM 011M Z 11 CEO Mlll -1110 3 3 MR M 11ZL ,v PJL Tilpfw: (717) 770-5909 17070 aTrO?s Diill/ PRZAVi a NOTICE OF JIlJVG&WMRANSCRIPT PLAU ffff- N" wA ADMAN 215 1lbopl a? Avg 3 @RMltt v PA 17070 L J Vs. DElF9rDMUT: n".ndADMA M 1>3IL1001?r L33Dii 7593 Av= / Illy !> 17112 aC a I D. c , 11 - 11 ?a>r L. j " 310! 90097 Dodlet No.: C'v-0000558-07 2320 2 2W Of Date Flied: 11/20/07 zMXd=", PA 17109-0057 TIM 0 TO NO llY VO U THAT: JudWnont; 'M 2L#a!=!! (Dace cf Judpnent) 1/10/00 © Judpnent was entered for. (Name) r si © Judgment was anterod app 1rZLfOt?/?. LZMM In the amount of: 1,' 9 • D Amount of Judgment Defendants are jointly and severally fiable. Judgment Costs Damages will be assessed on Date 9 Timor Interest on Judgment IA#offw Fees This case dismissed MI out prejudice. Toil ? Amount of Judgment Subject to AttaMumVQ P&C.S. 18127 Poet ArdgmM Credits $ Poet Judgment Costs ? PO OM of Judgment for physical damages arising out of residential tease S ANY PANTY H" 71i IEQMr 70 APPEAL MRTM U DAYs OP APPEAL WIIM 7i M r~vr ~rARVX LM 0P TW 00t MINT MUCI.M A OOPY OP TM Me OP JUDOMMM 71 f w ¦lMC/PT AO MUMM P1MMM N TM MM OF (W .NNOMw NOLDM ELvM TO EpfEll M JUDaM w QM' COMN P?TM MW OP COMMDMM ftfi" AND NORM UNUMS M AMD?0 M M COWT OP C A MUNWPOQ M i NV OP SA7NPACflON w1lN 71St MAaN sE1TLl* OR OTIME VWM COMMPLM wAM THE JUDOMNW. !AN 18 M DW I cer ft that this 18 a tM and O ffM OW Of the MCWTI Of the Judgment Total 002.2 s 1,010.74 FrE A _PA M Na71CE M 4F APPEAL. 1Et M LW PIIIIl1E MUeT W M MMAWTEIMAL M INCT JUDGE . Of N 71St J UOEM NW MAY PU JuOMMENT DMrM PAYe M NULL, , Magisterial DisMct Ju containing the judgment. , Magisterial District Judge I Date My commission expires first Monday of January, 2014 SEAL AOPC 315-07 DAT! PlXwM1 1/10/00 i1e07:00 Aft 0 (Domestic Coverage Provided) -u information visit our web For deliver site at www.usps.com)? ..D y C3 B &d "s2d8 SF f G J W 0' Postage $ ytt,? O . { Certified Fee rj Pdettnatk O Return Receipt Fee Here O O (Endorsement Required) Restricted Delivery Fee C] (Endorsement Required) ul =I- Total Postage & Fees $ O M -0 Sent To C3 3`veeG o . c?t or PO Box No. c-? 1 - -- City, State CERTIFICATE OF SERVICE I do hereby state that on the IL day of February, 2008,1 served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Thomas Dacheux 215 Woodland Avenue New Cumberland, PA 17070 The Honorable Charles A. Clement, Jr. Magisterial District Court No. 09-1-01 400 Bridge Street Old Towne Commons-Suite 3 New Cumberland, PA 17070 r Ange a L. Hewitt Legal Assistant `r_° i i' ? ?'??-y ?z ? s ,gyp N .' z?at? -?-? ' „ f =. i n . ? ^ ,, ?`? ?? c.a t° JORDAN D. CUNNINGHAM, ESQUIRE PA. SUPREME COURT I.D. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH 2ND STREET P.O. Box 60457 HARRISBURG; PA 17106-0457 TELEPHONE. 717-238-6570 FACSIMILE 717-238-4809 ATTORNEYS FOR DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS DACHEUX, Plaintiff Docket No. 08-894 V. LINDA MILBOURNE, Defendant PRAECIPE TO FILE PROOF OF ACCEPTANCE OF NOTICE OF APPEAL TO THE PROTHONOTARY: Please filed the attached Return Receipts as Proof of Acceptance of Notice of Applea in the above matter indicating service of the Plaintiff, Thomas Dacheux, and of Magisterial District Judge Charles Clement, Jr. this matter on February 11, 2008. Respectfully submitted, , P.C. Dated: February -/' 2008 By: Jor D. Aningliam, Esquire I. D. #23144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\HomeWHEWIT'nDOCS\M-N\MIILBOURN\DACHEUX, THOMAS\Praecipe Proof of Service Not of Appeal.wpd ¦ 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 mailpieoe, or on the front if space permits. 1. Article Addressed to: 2t5 ?,;?x??c?rx? ??- h C?,?Im?d `?4- 70-70 A. ? rte, s X Agent 11 Addressee B. )V l Qqte of Dplrvery D. Is deliv `yN1t'erent from item 17 0 Yes If Y , entbr?ISllverv address below: 0 M 3. Service Type 0 Certified mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Exfra Free) 0 Yes 2. Article Number 7006 3450 0001 0960 6597 (Transfer from service labE PS Form 3$11, February 2004 Domestic Return Receipt 1025"-µ-1540 t 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. A. Signature x 0J 0 Agent 1. Article Addressed to: 1je,3 B. Received by (Printed Name) I C. Date of Delivery C, ?s?s?e j 2-&-0 8 D. is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No I 3. servioxype iEj6difled Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7006 3450 0001 0960 6603 (transfer from se?vke ?e4C. - PS Form 3811, February 2004 Domestic Retum Recept 1112 5401 CERTIFICATE OF SERVICE I do hereby state that on the day of February, 2008,1 served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first- class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Thomas Dacheux 215 Woodland Avenue New Cumberland, PA 17070 The Honorable Charles A. Clement, Jr. Magisterial District Court No. 09-1-01 400 Bridge Street Old Towne Commons-Suite 3 New Cumberland, PA 17070 Legal Assistant 1- ?l r; CR V yJyly STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2008 - 894 CIVIL TERM LINDA MILBOURNE, Defendant : CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 maybe 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, Plaintiff v. LINDA MILBOURNE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2008 - 894 CIVIL TERM : CIVIL ACTION - LAW COMPLAINT NOW comes the plaintiff, Thomas S. Dacheux, by his attorney, Stacy B. Wolf, Esquire, and presents the following Complaint, representing as follows: 1. The Plaintiff is Thomas H Dacheux (hereinafter referred to as "Plaintiff"), an adult individual residing at 215 Woodland Avenue, New Cumberland, Pennsylvania 17070. 2. Defendant is Linda Milboume (hereinafter referred to as "Defendant"), an adult individual residing at 7563 Morningstar Avenue, Harrisburg, Pennsylvania 17112. 3. Defendant hired Plaintiff to perform work at Defendant's property located at 15 Mall Road, Etters, Cumberland County, Pennsylvania (hereinafter "the property") 4. Plaintiff performed work at the property from July 27, 2004 until September 29, 2004 and incurred expenses which Defendant agreed to reimburse Plaintiff for. 5. Plaintiff submitted an invoice to Defendant for services rendered and expenses incurred totaling $1,501.27. A true and correct copy of Plaintiff's invoice is attached hereto as Exhibit A. 6. On or about June 8, 2006, Defendant, Plaintiff, and Plaintiff's girlfriend traveled to Florida. 7. In an oral agreement between the parties, Defendant agreed to repay Plaintiff for one-half of the expenses incurred during the trip to Florida which were paid by Plaintiff on Defendant's behalf. 8. During the trip to Florida, expenses were incurred for lodging totaling $238.00, a rental vehicle totaling $545.02, gasoline totaling $351.94, parking totaling $10.00, a Boston Lobster dinner of which Defendant's share totaled $35.30, and Defendant's Universal Escape ticket totaling $104.00; thus Defendant's share of the expenses was $607.78 plus $104.00 for her ticket. 9. Because Defendant paid the full lodging amount of $238.00, after subtracting one-half of this amount as a credit from her share of expenses, Defendant owes $592.78 to Plaintiff for her share of the trip to Florida. 10. In total, Plaintiff performed work and incurred expenses totaling $1,501.27 and loaned Defendant $592.78, which loan was for Defendant's share of the above expenses incurred during the trip to Florida paid for by Plaintiff on behalf of Defendant. 11. Plaintiff performed work and incurred expenses at the property, and made payments for the Florida trip on behalf of Defendant with the intention of being paid by Defendant and not as a gift. 12. Plaintiff's intention was known by Defendant and acknowledged by Defendant. 13. As evidence of her acknowledgement of her obligation to repay Plaintiff, in January, 2007, Defendant called Plaintiff and left a voice mail message that she would not be able to satisfy the debt until April, 2007. 14. Defendant has not paid any amount to Plaintiff in accordance with her oral agreement. 15. Plaintiff is entitled to payment for work performed and expenses incurred and monies due for the loan, in accordance with the oral agreement between the parties. COUNT I - BREACH OF CONTRACT 16. Plaintiff incorporates by reference paragraphs 1 through 15 as if set forth in full herein. 17. Plaintiff performed services, incurred expenses, and made payments on behalf of Defendant. 18. The work performed, expenses incurred, and payments made were done by Plaintiff at the request of Defendant. 19. Defendant expressly agreed to pay Plaintiff. 20. Defendant's failure to pay Plaintiff constitutes a breach of the parties' agreement. 21. Defendant's breach of her oral agreement to pay Plaintiff for services and expenses related to the property and to repay Plaintiff in full for Plaintiff's loan of money to Defendant has caused the damages suffered by Plaintiff. WHEREFORE, Plaintiff, Thomas H. Dacheux, prays that this Honorable Court enter judgment for the Plaintiff and against Defendant, Linda Melbourne, in the amount of $2,094.05, together with interest and costs of this action and any additional relief the Court deems appropriate and just. COUNT II - UNJUST ENRICHMENT 22. Plaintiff incorporates by reference paragraphs 1 through 21 as if set forth in full herein. 23. Plaintiff's payments on behalf of Defendant were made for the Defendant's sole benefit. 24. Services performed and expenses paid by Plaintiff were likewise for the sole benefit of Defendant. 25. Defendant agreed to compensate Plaintiff for work performed, to reimburse Plaintiff for expenses incurred, and to repay Plaintiff for one-half of the expenses paid by Plaintiff for the trip to Florida. 26. Defendant's voice mail message left on Plaintiff's telephone evidences Defendant's acknowledgement of the money owed and Defendant's intention to pay Plaintiff. 27. Defendant's refusal to pay Plaintiff has resulted in her unjust enrichment to the detriment of Plaintiff. WHEREFORE, Plaintiff, Thomas S. Dacheux, prays that this Honorable Court enter judgment for the Plaintiff and against Defendant, Linda Milbourne in the amount of $2,094.05, together with interest and costs of this action and any additional relief the Court deems appropriate and just. Respectfully Submitted, WOLF & WOLF m FebruaxM, 2008 By: STACY B. OLF, ESQ RE Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 15 Mall Rd. Etters 7/27/04 Am Geo's bank & work ........................................................................... 5 hrs. 7/27/04 call randy & ins co .................................................................................. 1 hr 7/28/04 call ins. NULLL, & Weller 574-4830 ............................................................ 1 hr 7/28/04 mall rd with Newberry twp.pd .................................................................... 2 hrs 7/30/04 drop off & pick up film ............................................................................. 1 hr 7/30/04 - claims adjuster Rim ROTT - two trips 5-6 waited then 7-8 .............................. 2 hrs 8/08 time with reports ......................................................................................... 2 hrs 8/10 on phone with ins & vendors .......................................................................... 1 hr 8/11104 staples for copies meet at doubletree for delivery ........................................... 1 hr. 8/14/04 12-5 Reports and to dwelling for list of damage, two hours typing reports........... 7 hrs 8/21/04 meeting at house .................................................................................... 3 hrs 8/23/04 reports faxed to jasmine knoll, police reports to Newberry twp. p.d .................... 2 hrs 8/25/04 report faxed to Skip & documents copied for Brenda & Delivered 8/26/04.......... 2 hrs 8/27/04 meeting at best western 1130-1245hrs ....................................................... 1.5 hrs 9117104 meeting with Linda at Waffle House Lindel Rd & type fax for Jasmine ............... 2 hrs. 9/24/04 Photograph Chest for Bums, harassment, Take for Prints .............................. 1.5 hrs 9/29/04 Faxes to Jasmine Null ............................................................................ .5 hrs. TOTAL HOURS 35.5 Rate applied at 40.00 per hour for services ...$1,420.00 7127/04 tolls ................................................................................................... 1.00 7/30/04 Photo developing & prints (drove two places) ............................................. 20.67 8/11/04 staples copies of policy ........................................................................... 5.94 8/21/04 Faxing & printing documents .................................................................... 3.00 8/25/04 Faxing & printing documents (including 30 pages of estimate) ......................... 19.00 8/27/04 tolls ..................................................................................................... 1.50 9/07/04 fax's to Jasmine NULL .............................................................................. 1.00 9/17/04 tolls .................................................................................................... 1.00 9/17/04 faxes and copies ................................................................................... 4.00 9/25/04 Digital Photos of Breasts to prints ............................................................. 22.16 9/29/04 Copies and fax ..................................................................................... 2.00 class action suite for buthatyne pipe by shell oil co TOTAL EXPENSES 81.27 TOTAL FOR SERVICES AND EXPENSES THIS JOB EX P 19 1 T A VERIFICATION I do hereby verify that I am the plaintiff in the instant action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. February 2008 C - _- -?Thomas H. Dacheux Plaintiff STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, Plaintiff V. LINDA MILBOURNE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2008 - 894 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing Complaint upon the following person and in the manner indicated: SERVICE BY U.S. MAIL: Februarys' 1, 2008 Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106 By: G % STACY B. WO F, ESQUI Attorney, for Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 -:- ? Tt.? 1.Z7 ""L7 ? ° (r r.,? ?? ?` _--- :U _... °`< JORDAN D. CUNNINGHAM, ESQUIRE PA. SUPREME COURT I.D. 23144 CUNNINGHAM& CHERNICOFF, P.C. 2320 NORTH 211D STREET P.O. BOX 60457 HARRISBURG, PA 17106-0457 TELEPHONE: 717-238-6570 FACSIMILE: 717-238-4809 ATTORNEYS FOR DEFENDANT THOMAS DACHEUX, Plaintiff V. LINDA MILBOURNE, Defendant TO: Thomas H. Dacheux, Plaintiff c/o Stacy B. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17103 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2008-0894 CIVIL ACTION - LAW NOTICE YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. FF, P.C. Date: March -41 2008 By: v Jor D. unningham, Esquire P sylvania Supreme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendant JORDAN D. CUNNINGHAM, ESQUIRE PA. SUPREME COURT I.D. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH 2ND STREET P.O. Box 60457 HARRISBURG, PA 17106-0457 TELEPHONE: 717-238-6570 FACSIMILE 717-238-4809 ATTORNEYS FOR DEFENDANT THOMAS DACHEUX, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2008-0894 LINDA MILBOURNE, Defendant CIVIL ACTION - LAW ANSWER WITH NEW MATTER AND NOW, comes Defendant, Linda Milbourne, by and through her counsel, Cunningham & Chernicoff, P.C., who files this Answer with New Matter and, in support thereof, avers the following: 1. The averments of Paragraph 1 are admitted. 2. The averments of Paragraph 2 are admitted. 3. The averments of Paragraph 3 are partially admitted and partially denied. It is admitted that Defendant requested Plaintiff to provide certain security services for her and aid her in the prosecution of a tenant for damage to her property. It is denied that the Plaintiff performed physical work at the townhouse apartment unit described in Paragraph 3. 4. The averments of Paragraph 4 are partially admitted and partially denied. It is admitted that Plaintiff performed work regarding the property. It is further agreed that Defendant agreed to reimburse the Plaintiff for expenses he incurred in performing the work related to the townhouse apartment unit. To the contrary, however, Defendant is without knowledge or information sufficient to form a belief as to the exact dates on which the work was performed and strict proof thereof, if relevant, is demanded at the time of trial. 5. The averments of Paragraph 5 are partially admitted and partially denied. It is admitted that Plaintiff submitted an invoice to the Defendant for services rendered and expenses incurred. To the contrary, however, there was never an agreement as to the hourly fee which Plaintiff was to charge Defendant for his "services". 6. The averments of Paragraph 6 are partially admitted and partially denied. It is admitted that on or about June 8, 2006, Defendant, Plaintiff, and Plaintiff's girlfriend traveled to Florida. By way of further pleading, however, there was an understanding that Defendant would use the value of her timeshare in order to "pay" the Defendant for his services rendered in 2004 and reimburse his costs as is more fully set forth in New Matter. 7. The averments of Paragraph 7 are partially admitted and partially denied. It is admitted that in an oral agreement between the parties the Defendant agreed to reimburse the Plaintiff for one half ('/2) of the expenses incurred during the trip to Florida which were related to the vacation and not as to other aspects of the trip. 8. The averments of Paragraph 8 are partially admitted and partially denied. It is admitted that the expenses incurred by the parties were expenses incurred by the parties related to lodging, rental of the vehicle, gasoline, parking, polls, reimbursement for a dinner, and an Escape 2 ticket. The exact amount of the gasoline expenses and vehicle costs are denied. By way of further pleading, during the trip, Plaintiff and Plaintiff's girlfriend desired to review for business purposes the location of certain bars who had, as part of their entertainment, exotic dancing (i.e.: strippers) which profession Plaintiff's girlfriend was employed. 9. The averments of Paragraph 9 represent a conclusion of fact to which a response is not required. By way of further pleading, the fair market value of the lodging which the Defendant provided to the Plaintiff and Plaintiff's girlfriend well exceeded $2,500.00 including the additional $238.00 which Defendant had to pay as part of a fee to secure the timeshare in which the Plaintiff, Plaintiff's girlfriend, and Defendant lodged during their vacation in Florida, all of which is more fully set forth in New Matter. 10. The averments of Paragraph 10 are denied. To the contrary, the fair market value of the lodging secured by Defendant as the result of her participation in a timeshare exceeding the amount of expenses and invoices set forth in Paragraph 10 as is more fully set forth in New Matter. 11. The averments of Paragraph 11 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. 12. The averments of Paragraph 12 are partially admitted and partially denied. It was the Defendant's intent that the fair market value of the timeshare occupied by the Plaintiff, Plaintiff's girlfriend, and Defendant would be offset as against any obligations owed by the Defendant to the Plaintiff as the result of the work he performed for her together with the costs incurred during the trip to Florida. 3 13. The averment of Paragraph 13 is a conclusion of law or fact to which a response is not required. It is later judicially determined that a response should have been filed, the averment is specifically denied. 14. The averments of Paragraph 14 are denied. To the contrary, Defendant has exchanged a valuable asset equal to or greater than any obligation owed to the Plaintiff. 15. The averment of Paragraph 15 represents a conclusion of fact to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. COUNT I - BREACH OF CONTRACT 16. The averments of Paragraphs 1 through 15 of the Answer are incorporated herein as if more fully set forth herein. 17. The averments of Paragraph 17 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. 18. The averments of Paragraph 18 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. 19. The averments of Paragraph 19 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. 4 20. The averments of Paragraph 20 represent a conclusion of law to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. 21. The averments of Paragraph 21 represent a conclusion of law to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. WHEREFORE, Defendant, Linda Milbourne, demands judgment in favor of the Defendant and against the Plaintiff, Thomas H. Dacheux, together with costs. COUNT II - UNJUST ENRICHMENT 22. The averments of Paragraphs 1 through 21 of the Answer are incorporated herein as if more fully set forth herein. 23. The averments of Paragraph 23 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined a response should have been filed, the averments are specifically denied. 24. The averments of Paragraph 24 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined a response should have been filed, the averments are specifically denied. 25. The averments of Paragraph 25 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined a response should have been filed, the averments are specifically denied. 5 26. The averments of Paragraph 26 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined a response should have been filed, the averments are specifically denied. 27. The averments of Paragraph 27 represents a conclusion of law to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. WHEREFORE, Defendant, Linda Milbourne, demands judgment in favor of the Defendant and against the Plaintiff, Thomas H. Dacheux, together with costs. NEW MATTER 28. The averments of Paragraphs 1 through 27 of the Answer are incorporated herein as if more fully set forth herein. 29. Defendant owned an interest in a timeshare located in Florida. 30. One of the benefits of owning the timeshare is that unused periods of time could be traded for other timeshares. 31. Defendant had unused time which she had "banked" for later use. 32. Defendant, being without the funds necessary to pay Plaintiff for his services and reimburse his costs, offered to the Plaintiff the partial use of the "banked" timeshare time as a payment for the amounts she owed to the Plaintiff for the work which he had previously performed. 33. Plaintiff agreed with the Defendant only if a timeshare could be secured in Orlando, Florida. 6 34. Defendant investigated the possibility of trading the "banked" timeshare for a property in Orlando, Florida. 35. Defendant was able to secure a timeshare property in Orlando, Florida for the period requested by the Plaintiff and Plaintiff's girlfriend. 36. In order to secure the property in Orlando, Florida, Defendant had to pay an additional sum in the amount of $238.00 to the timeshare broker in order to effect the transfer. 37. Defendant paid the sum due to the timeshare broker and secured the property and dates desired by Plaintiff in Orlando, Florida. 38. The timeshare secured in Orlando, Florida was an upscale timeshare equivalent to a four (4) star hotel with similar amenities. The timeshare had a fair market rental value of at least $2,500.00 per week. 39. Plaintiff indicated to Defendant that he did not desire to use his vehicle to travel to Orlando, Florida but, instead, desired to rent a van in order to travel more comfortably from Pennsylvania to Orlando, Florida. 40. Defendant agreed to the proposition and agreed to reimburse Plaintiff for one half ('/z) of the gasoline expenses for those portions of the trip which were directly related to travel to and from Harrisburg, Pennsylvania to Orlando, Florida. 41. Plaintiff and Plaintiff's girlfriend, once in the state of Florida, decided to make day trips to other locations to review bars at which exotic dancing was offered as entertainment as Plaintiff's girlfriend was an exotic dancer and was interested in work locations in Florida. 7 42. In order to travel to the various locations to investigate bars at Plaintiff's girlfriend's insistence, gasoline and mileage that otherwise would not have been used was used. Such travel was outside the parameters of the parties' previous understanding. 43. Plaintiff has consistently refused to recognize Defendant's argument that any gasoline and/or van rental fees related to Plaintiff's girlfriend's business investigations of various "work sites", that is bars which offered adult entertainment or exotic dancing entertainment, should not be born by the Defendant. 44. The fair market value of the use of the timeshare in Orlando, Florida, together with the $238.00 fee incurred by the Defendant to transfer her "banked" timeshare days together with the gasoline use and mileage charge for the trip, offset any and all claims made by the Plaintiff for his services, reimbursements, gasoline and van mileage expenses. 45. Plaintiff's claims are barred by the Statute of Limitations. 46. The claims set forth by the Plaintiff are barred by the principle of compromise and settlement. WHEREFORE, Defendant, Linda Milboume, demands judgment in favor of the Defendant and against the Plaintiff, Thomas Dachuex, together with any costs. & CHERNICOFF, P.C. Dated: March 2008 By: ? Jo Cunningham, Esquire . #21144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\Home\AHEWITT\DOCS\M-N\MILBOURN\DACHEUX, THOMAS\ANSWER.Wpd 8 VERIFICATION I verify that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. n 'c,yld?li r ' M^??'?tD Linda Milbourne Dated: 31 C7 (u? CERTIFICATE OF SERVICE I do hereby state that on the l1q, day of March, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Stacy B. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 gela L. Hewitt Legal Assistant r?- c C> -r 51 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 741-4436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, Plaintiff v. LINDA MILBOURNE, Defendant : IN THE COURT OF COMMON : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2008 - 894 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER OF NOW comes the plaintiff, Thomas R Dacheux, and files this reply to the defendant's new matter, representing as follows: 28. No response is required. 29. Admitted. 30. Plaintiff, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore said averments are denied and strict proof thereof is demanded. 31. Plaintiff, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these avements, and therefore said averments are denied and strict proof thereof is demanded. 32. Denied. To the contrary, Defendant never offered Plaintiff the partial use of her timeshare as payment for the amounts she owed to Plaintiff for the work he perfonned.' 33. Denied. To the contrary, Plaintiff was never offered this option as stated above and never agreed with the Defendant only if a timeshare could be secured in Orlando, Florida. w 34. Plaintiff, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore said averments are denied and strict proof thereof is demanded. 35. Admitted in part, denied in part. It is admitted that Defendant was able to secure a i timeshare property in Orlando, Florida. It is denied that Plaintiff and Plaintiff's girlfr$end requested any period for the timeshare. 36. Plaintiff, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore said averments are denied and strict proof thereof is demanded. 37. Plaintiff, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averment that Defendant paid the sum due to the timeshare broker, and therefore said averment is denied and strict proof thereof is demanded. It lis denied that Defendant secured the property and dates desired by Plaintiff in Orlando, Florida. 38. Plaintiff, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore said averments are denied and strict proof thereof is demanded. 39. Admitted in part, denied in part. It is admitted that Plaintiff indicated to Defendant that he did not desire to use his vehicle to travel to Orlando, Florida. It is denied Out Plaintiff, instead, desired to rent a van in order to travel more comfortably from Pennsylvania to Orlando, Florida. By way of further response, the purpose for renting a van was so that Plaintiff and Defendant could split costs of the van rental and expenses of travel such as gasoline as lagreed to by the parties. 40. Denied. To the contrary, Defendant agreed to reimburse Plaintiff for one-half (112) of the gasoline expenses for the entire trip, not just to and from Harrisburg, Pennsyivar14 and Orlando, Florida. 41. Denied. It is denied Plaintiff and Plaintiff's girlfriend, once in the state of Florida, decided to make day trips to other locations to review bars at which exotic dancing was offered as entertainment. No response is necessary regarding the remainder of the averment as it is not relevant to the issues in this case. 42. Denied. It is denied there was any travel to locations to investigate bars as stated above, and thus, it is denied additional gasoline and mileage was used, and thus, it denied there was any such travel that was outside the parameters of the parties' previous understanding. 43. Denied. It is denied there were any gasoline and/or van rental fees related to Plaintiff's girlfriend's business investigations of various bars and thus, it is denied that there were any expenses that should not be born by the defendant. 44. Denied. To the contrary, the use of the timeshare, any fee that y have been incurred by Defendant, and the gasoline and mileage charge for the trip did not offs t any claims made by Plaintiff for his services, reimbursements, gasoline and van mileage expenses and no agreement relating to any such offset was ever entered into by the parties. 45. Denied. The averments of paragraph fortrfive of Defendant's new matte constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, Plaintiff denies that his claims are barred by the Statute of Limitations. 46. Denied. The averments of paragraph forty-six of Defendant's new matte constitute a conclusion of law to which no response is required. To the extent, however, that a response may be required, Plaintiff denies that his claims are barred by the principle of compromise and WHEREFORE, Plaintiff demands that Defendant's new matter be dismissed and that judgment be entered in favor of Plaintiff and against Defendant as set forth in Plaintiff's Complaint. Respectfully Submitted, WOLF & WOLF April -?, 2008 BY: - ?J JL?Ld? STACY B. W &F, ESQUIRE Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 VERIFICATION I do hereby verify that I am the plaintiff in the instant action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relatin j to unsworn falsification to authorities. r '2008 Thomas H. Dacheux Plaintiff STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF SO WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, : IN THE COURT OF COMMON FLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO. 2008 - 894 CIVIL TERM LINDA MILBOURNE, . Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing Reply to New Matter upon the following person and in the manner indicated: SERVICE BY U S. MAIL: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106 April --?, 2008 By: STACY B. VOOLF, ES IRE Attorney for Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 r ni q 0 90 .."L THOMAS H. DACHEUX, Plaintiff V. LINDA MILBOURNE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 894 2008 CIVIL TERM Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: X Stacy B. Wolf, Esquire counsel for the plaintiffJdefendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the actionis$ 2,094.05, with interest and costs of The counterclaim of the defendant in the action is None this action . The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Jordan D. Cunningham WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF CO rT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. , 200____, in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ... STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2008 - 894 CIVIL TERM LINDA MILBOURNE, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copy of the foregoing document upon the following person and in the manner indicated: SERVICE BY U.S. MAIL: Jordan D. Cunningham Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 April 4?il 2008 WOLF & WOLF STACY 1? WOLF, ESgPTM Attorney or Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ?._, gg ??- ^s,. -s?. :-? 3 N r .. e N N v ? ,? 1? ( , r..? '? d '`'J `----e THOMAS S. DACHEUX, COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA MILBOURNE, DEFENDANT 08-0894 CIVIL TERM ORDER OF COURT AND NOW, this 10 day of June, 2008, the appointment of William C. Costopoulos, Esquire, as the chairman on the Board of Arbitrators in the above- captioned case, IS VACATED. John M. Eakin, Esquire, is appointed in his By Edgar B. Bayley, J. ,William C. Costopoulos, Esquire Sohn M. Eakin, Esquire Court Administrator :sal 1211 kg LL `?l2?08 00 U-) CL- r LLj =...1 L-L 0 Q CV U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS DACHEUX, Plaintiff File No. 08-894 V. LINDA MILBOURNE, Defendant NOTICE OF APPEAL TO THE PROTHONOTARY: Notice is given that Linda Milbourne appeals from the award of the board of arbitrators entered in this case on August 1, 2008. A jury trial is demanded /(Check (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that: 1. The compensation of the arbitrators has been paid, or 2. (Strike out the Xrd Cunningham, Esquire PA I'D. No. 23144 CUNNINGHAM & CHERNICOFF, P.C. 2320 North 2nd Street Harrisburg, PA 17110 (717) 238-6570 Attorneys for Appellant S. Ellis & Company, Inc. NOTE: The demand for jury trial on appeal From compulsory arbitration is Goverened by Rule 1007.1 (b), (b) No affidavit or verification is required. F:\Home\AHEWITTiDOCS\M-N\MILBOURN\DACHEUX, THOMAS\ARBITRATORS APPEAL\NOTAPPL.WPD f Pl ' tiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 8 -_ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office wi fidelity. " ?m r ` Si a Si lure A, t Name (Chairman) Name Law Firm Law Firm ML'?k?? 240a Address &C, 491U1 CS Rove f)II city, zip 17 Ar r ?s''z s • S Address of zel 0 l?o? o city, zip Sign e Nam T.6, Firm ?a G-04 81, 26?f Address ?t-t City, Zi Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following a7: (Note: If damages for delay are awarded, they shall be separately stated.) G,Do . Arbitrator, dissents. (Insert name if aDDlicable. Date of Hearing: ,, ?.` S?'"` i e ?'•h;.'s1? 1` ?...: ?.3 ? (Chairman) Pate owc• ,a l S y t. r. Pa . .a .... ' ce of Entry of A and U Now, the day of 20 DL&_, at 3L.M., the above award was entered upon the docket and notice they f given by mail to the parties or their attorneys. Arbitr4tors' compensation to be paid upon appeal: $ .,390 . od 6o By: Prothonotary Deputy CERTIFICATE OF SERVICE I do hereby state that on the j'O? day of August, 2008, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Stacy B. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 XVa V. Hewitt Legal Assistant c yz R PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. Q for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (1 :k one) Thomas H. Dacheux r I i-vEAction -Law LA Appeal from arbitration ? (other) (Plaintif VS. The trial list will be called on 12/30/08 and Linda Milbourne Trials commence on 1/26/09 (Defendant) Pretrials will be held ex 1/ 7 / 09 VS. (Briefs are due 5 days before pretrials No. 2008-894 , Civil Term Indicate the attorney who will try case for the party who files this praecipe: Stacy B. Wolf 10 West High Street, Carlisle, PA 17D13 Indicate trial counsel for other parties if laiown: This case is ready for trial. Signed: Print Name: Stay B. Wolf Date:-11/12/08 P.O. Box 60457, Harrisburg, PA 17106 Attorney for: Plaintiff 4 4 f ? STACY B. WOLF, ESQUIRE ATTORNEY M NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, Plaintiff V. LINDA MILBOURNE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2008 - 894 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing Praecipe for Listing Case for Trial upon the following person and in the manner indicated SERVICE BY U.S. MAIL: November 14, 2008 Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106 By: STACY B. OLF, ESQUIRE Attorney f Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 v THOMAS H. DACHEUX : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA MILBOURNE NO. 2008 - 0894 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 3RD day of DECEMBER 2008, a pretrial conference in the above captioned matter is SCHEDULED for WEDNESDAY, JANUARY 7, 2009, at 11.00 a.m. in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. STACY B. WOLF, ESQUIRE 10 West High Street Carlisle, Pa. 17013 JORDAN D. CUNNINGHAM, ESQUIRE P.O. BOX 60457 Harrisburg, Pa. 17106 COURT ADMINISTRATOR ?,4 ,%?-y - Eaward E. Guido, J. :? . , ti -,a :., :< 1 ? ,. .. _ _ z .. ..,; THOMAS H. DACHEUX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-894 CIVIL TERM LINDA MILBOURNE, Defendant CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE ORDER OF COURT A pretrial conference was held Wednesday, January 7, 2009, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was Stacy B. Wolf, Esquire, and present for the Defendant was Jordan D. Cunningham, Esquire. This is a relatively simple nonjury trial that will be held before this Court on Friday, February 20, 2009, at 1:00 p.m. The parties are directed to pre-number all of their exhibits and exchange copies of the exhibits with opposing counsel by February 2, 2009. Any objection to the exhibits other than as to relevancy shall be made in the form of a motion in limine. All motions in limine, with supporting authority, shall be filed by February 11, 2009. All responses, with supporting authority, shall be filed by February 18, 2009. By Edward E. Guido, J. 11 Stacy B. Wolf, Esquire For the Plaintiff Jordan D. Cunningham, Esquire For the Defendant CoP?•ES ?a?? srs «.? . `ai?i _??_( i STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. . NO. 2008 - 894 CIVIL TERM LINDA MILBOURNE, Defendant : CIVIL ACTION - LAW MOTION IN LIMINE NOW comes the plaintiff, Thomas R Dacheux, by his attorney, Stacy B. Wolf, Esquire, prior to trial, and requests the following evidence be precluded from the trial: 1. Admission of or testimony identifying the Summer Bay Resorts letter of December 10, 2008 to Defendant establishing the rental rate for two bedroom condos in 2006 as being inadmissible hearsay, irrelevant, confusing, and a waste of time. See Pa.R.E. 801, 802, 402, 403. 2. Admission of or testimony identifying the calculation of Defendant's credit owed if the total due after credit is given for the Fair Market Rental Value of the Summer Bay Resorts timeshare is prorated by 33 1/3%. Plaintiff believes and therefore avers this evidence includes inadmissible hearsay, as indicated in paragraph 1, to establish Fair Market Rental Value, and the evidence is irrelevant, confusing, does not accurately depict all expenses or the percentage Defendant was responsible to pay, and is a waste of time. See Pa.R.E. 801, 802, 402, 403. 3. Admission of or testimony identifying the calculation of Defendant's credit owed if the total amount owed to Plaintiff is prorated by 33 1/3%. Plaintiff believes and therefore avers this evidence is irrelevant, confusing, does not accurately depict all expenses or the percentage Defendant was responsible to pay, contains inaccurate calculations, and is a waste of time. See Pa.R.E. 402, 403. WHEREFORE, counsel for the plaintiff respectfully requests this Honorable Court grant the Motion in Limine precluding the above evidence and testimony at trial. Respectfully Submitted, WOLF & WOLF Date: February A/ 2009 By: Stacy B. W , Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for FWntiff VERIFICATION I, the undersigned counsel for Plaintiff, verify that the statements in the above motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. -At'v --V-) . February, 2009 Stacy B. Wf9f Attorney for Plaintiff STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008 - 894 CIVIL TERM LINDA MILBOURNE, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify this day that I served a copy of the foregoing Motion In Limine upon the following byU S. Mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106 Respectfully submitted, WOLF & WOLF Date: Febnlary , 2009 By: Stacy B. W y, Esquire Counsel for Plaintiff N r= c -rj f' 17 _ M e? A JORDAN D. CUNNINGHAM, ESQUIRE PA. SUPREME COURT I.D. 23144 CUNNINGHAM& CHERNICOFF, P.C. 2320 NORTH 2ND STREET P.O. Box 60457 HARRISBURG, PA 17106-0457 TELEPHONE: 717-238-6570 FACSIMILE 717-238-4809 ATTORNEYS FOR DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THOMAS DACHEUX, Plaintiff Docket No. 08-894 V. LINDA MILBOURNE, Defendant RESPONSE TO MOTION IN LIMINE AND NOW, comes your Defendant, Linda Milbourne, by and through her counsel, Cunningham & Chernicoff, P.C., who files this Response to the Motion in Limine: 1. Defendant is the owner of a timeshare in Orlando, Florida. As an owner of the timeshare, Defendant has the right to express an opinion as to the Fair Rental Value of the timeshare. The statement by the manager of the Summer Bay Resorts as to the fair rental value of the timeshare used by the Plaintiff and Defendant in 2006 is not being introduced for the truth of the matter asserted but, instead, as a factor for the finder of fact to consider the validity of the Defendant's opinion as to the fair rental value of her timeshare interest. The admission of the document is not hearsay, irrelevant, confusing, and, most certainly, not a waste of time. 4W -. 2. The calculation of the amount due to the Plaintiff based upon either a 1 /3 or %2 share of all expenses and credits is to aid the finder of fact in a calculation of damages owed to Plaintiff under different scenarios. The document does not contain hearsay testimony as Defendant will testify to her opinion as to the fair rental value of the timeshare. WHEREFORE, counsel for Defendant respectfully requests this Honorable Court deny the Plaintiff's Motion in Limine. CHERNICOFF, P.C. Dated: February $ , 2009 By: Jan D. unningham, Esquire I 3144 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F:\Home\AHEWITT\DOCS\M-MMILBOURN\DACHEUX, THOMAS\RESPONSE MOTION IN LIMINE 021909.wpd CERTIFICATE OF SERVICE of the foregoing in the captioned matter, via facsimile and by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Stacy B. Wolf, Esquire Wolf & Wolf 10 West High Street Carlisle, PA 17013 fax: 717-241-4437 Angela L. Hewitt Legal Assistant I do hereby state that on the _R day of February 2009, I served a true and correct copy C ? ` _ w 1 I "L7 THOMAS DACHEUX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-0894 CIVIL TERM LINDA MILBOURNE, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 20th day of February, 2009, after hearing the evidence and having reviewed the exhibits, we find in favor of Plaintiff and against Defendant in the amount of $453.48. Stacy B. Wolf, Esquire Attorney for Plaintiff ?Jordan D. Cunningham, Esquire Attorney for Defendant srs 1 ?i? 0 S' d it d C Z 833 66OZ ?131HI ?O STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 98732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2411436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, Plaintiff V. LINDA MILBOURNE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2008 - 894 CIVIL TERM : CIVIL ACTION - LAW PRAECIPE TO REDUCE ORDER TO JUDGMENT To the Prothonotary: Kindly reduce the Order of Court dated February 20, 2009, issued bythe Honorable Edward E. Guido, to judgment in favor of Thomas Dacheux, Plaintiff, in the above-captioned matter, rh Match 24, 2009 B J'' f?• Y: STACY B. W F, ESQUIRE Attorney for Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 lk) ? J q 0 = C) ,j ri1z ny' (J STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF THOMAS H. DACHEUX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. . NO. 2008 - 894 CIVIL TERM LINDA MILBOURNE, Defendant : CIVIL ACTION - LAW PRAEQPE TO SATISFY JUDGMENT To the Prothonotary: Kindly mark the judgment in the above-captioned matter satisfied. Respectfully submitted, Date: Ap .2009 Dated: JF 27. D Wolf & Wolf BY: 4a Stacy B. olf, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Plaintiff CUNNUNG ICOFF, P.C. By: Jo an . Cunningham, Esquire Supreme Court ID No. 23144 2320 N. 2nd St. Harrisburg, PA 17110 (717) 238-6570 Attorneys for Defendant ,T THE 230 4t` Gv is ?,* Vii: 23OPB , 00 P o ATTY WW 4 (*D98 at o &sto9