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HomeMy WebLinkAbout04-1317SALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT Cumberland County COMMON PLEAS Ns D f-/- lz VI 7 C NI ? NOTICE OF APPEAL M,?rch ow, 0-007 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below. NAME OF APPELLANT %ron Rohm APPELLANT MAG DIST. NO OR NAME OF aJ. 09-2-01 Correal CRY STATE ZIP CODE 2965 Enola Rd. Carlisle PA 17013 DUE OF AE)GMB4T N THE CASE OF (Pl k*&) (aekntlrM) 3-16-04 David C. Bickford vs Aaron Rohm CLAIM NO SIGNATLRLE OF APPELLANT OR HIS ATTORNEY OR AGENT Cv00000-12-04 LT This block will be signed ONLY when this natation is required under Pa. R.CPJP. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy 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. lF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon David r- Ri nkfnrrl , oppellee(s), to file a complaint in this appeal ``77 Name of appeaee(s) nor pros. (Common Pleas No. ??- 13'T CA VlI j within twenty (20) days after service of rule or suffer ent U17h,31 Mark F. Bayle of ar age nt RULE: To David C. Bickford appellee(s). Name of appeaeets) (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. .(y3)) The date of service of this rule if service was by mail is the date of mailing. Dare: / (A2 0(7 A ? ar ar ap ty AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) .,)AYS AFTER riling 'rte notice nr appea?. Check apptlcable boxes,! COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS AFFIDAVIT: I hereby swear or affirm that I served of t ? (da epof serviceotice of Appeal Common Pleas No by personal District justice lregfered) designated therein an mail, senders receipt attached hereto, and upon the appellee, (names __ an ? by personal service ? by (certified) ;registered) mail, senders 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 __.._., ---- __ ? by nersnn`2l service ? by (certified) (registered' mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF S- _ ??t71 ,. r. of . ? ,,..c rE ., f ,fdw *.nh'-ti41L Tkte of eio al - - 1-- -, o c ILI COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No.: PLAINTIFF: NAME and ADDRESS 09-2-01 FBICKFORD, DAVID C DJ Nanne: Ron. 2261 EARL VIEW DR PAULA P. CORREAL HARRISBURG, PA 17112 Address: 1 COURTHOUSE SQUARE L J CARLISLE, PA vs. DEFENDANT: NAME and ADDRESS Telephone: (717 ) 240-6564 17013-0000 FROHN, AARON 2965 ENOLA RD ATTORNEY DEF PRIVATE CARLISLE, PA 17013 MARK BAYLEY, ESQUIRE I_ J 155 S HANOVER ST DocketNo.: CV-0000012-04 CARLISLE, PA 17013 Date Filed: 1/14/04 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PT,ATNTIFF I-XI Judgment was entered for: (Name) TITr CPARn, nAVTn r ?X Judgment was entered against: (Name) ROHN, AARON in the amount of $ s,30R _ go on: (Date of Judgment) '4/1 5/04 Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: Amount of Judgment $ 5,193.40 Judgment Costs $ 115.50 Interest on Judgment $ .00 El This case dismissed without prejudice. Attorney Fees $ .00 Total $ 5,308.90 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ ? Portion of Judgment for physical Post Judgment Costs $-__---- -- damages arising out of residential lease $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Ca'w' Q" District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date District Justice My commission expires first Monday of January, 2006. SEAL A0PC315-03 DATE PRINTED: 3/16/04 3:03:00 PM V ! I J fij y^ y, D \` 3ki ? h p ? . ry 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 COUNTYOF___C(?gp __; SS AFFIDAVIT: I hereby swear or affirm that I served pp?? a copy of the Notice of Appeal, Common Pleas No. Q? (date of service) upon the District Justice designated therein on . recei t attached hereto, and upon the appellee, 0 by personal service ? by (certified) (registered) mail, sender's p ;name) - 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 u on the appellee(s) to whom the Rule was addressed on p mail, sender's receipt attached hereto. - ---` 0 by personal service lCta' by (certified) (registered) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS .._-=yam ''ms`s DAY OF 3g e hr m a av gas mane - - S'gnature of aftiant Mycominlssia7expireson ,-a3 N DU" SM tidal AMM,No"Pd* GBi" 9M Qm6wlend CAX* Uy0m1bft1 a0" Ak E9.201k! C7 0 [7 `s -a l_r, - r A [ FTI 'z V ? M Z m ' CS 0 z o _ 5" ? C N C ? V NOTICE OF APPEAL COMMONWEALTH Of JUDICIAL DISTRICT Cumberltaar', County FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Ns f' ) 4./.... 1317 e ,'v 1 ti NOTICE OF APPEAL mq'r.r rt RY, Q 00y Notice is given that the appellant has filed in the above Court of Common pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below -16-04 1 David C CV 0nnnn L a V LT iz . 1 1)NLY when this notation is required under Pa RCPJP. No 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. signature W Rrotlanotary or Deputy If appellant was CLAIMANT (see ta. H.l .nv.r. rvu. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PKACf.Ers a v sir.. s'- -. -- - - - --- (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). PRAECIPEs To Prothonotary T appellee(s), to file a complaint in this appeal Enter rule upon - Name a apperiee(s) ??? ?3?T C++ I I ) within twenty (20) days after service of rule or suffer entt/ f j f non proa J (Common Pleas No Of a his a a spa k RULE: To David C. Dickford cppellee(s) Name a eppelMS) ?o file a'tiOir?h'? fhis OPI a within twenty (20) days after the date of (1) You are notified that a rule is hereby entered upon yoU a service of this rule upon You by personal service or by certified or registered mail (2) R you do not file a complaint within this firm, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of nailing r reeYe a Dole. ar Da" COURT FILE AOPC 312-90 Y?I a r9 - USF a C3 C91!11, IF mo O fietu l'l _. ad __ N J??L m erie ;F;e (Endorsment Flecn, f) Pnalmark ? Here M RSs2te'DA,e, e O (Endonernen; R=c 1) O - -_--?-- Tota'POStal le&s $ •?J •C ?J L CD CD ------ M1 ?A l ----? n _ Z _. -._. LO ? ., • --.--_-_ . /? Certified Mail Provides: (ewmelt)zoozeunr'ooeeuuedsd ¦ A mailing receipt • A unique identifier for your mailpiece ¦ A record of delivery kept by the postal Service for two ye?% important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Meil®er Priority Me w. ¦ Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider insured or Registered Mad. T • delivery . To?o?btainf Relum Receipt servrloe, pfeaserocmplete antl attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee uplEndorse ct turrnprecei t,t, a USPS® postmgark on yourr Certrfled Mad receipts required. 11 Far an a d ditional fee, delivery may be restricted rk rk or mark the addressee or addressee's authorized agent Advise the cle or mark the mailpiece with the endorsement "Restricted Delivery". lease present the artl- ¦ If a postmark on the Certified Mail receipt is desired, C cle at the post office for postmarking. If a postmark on the Certified Mad receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. access Internet to delivery information is not available on mail FFOS. addressed to APOS and m MilY C Postage $ 3 - 3 1Z ) M M p -- C tifietl Fee O 2a h rrt " 6" M Pet. Fl adept Fee (EntlorsemOnl 3equired) S Ik F'osY Here C3 ra O Reslnmed De livery Fee (Endorsemem Required) r9 Total Poster e S Fees $ m C3 So To oarPQ "OX O ,,,a .1 Certified Mail Provides: es v ad) aooz eunr'ooec wiod sd ¦ A mailing receipt ¦ Aunique Identifier for your mailpiece 1414 ¦ A record of delivery kept by the Postal Service for two years important Reminders: ¦ Certified Mail may ONLY be combined with First-Class Mail® or Priority Mail. ¦ Certified Mail Is not available for any class of international mall. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee a Return Recaiptma be requested to rovitle proof of I t( Receipt (PS Form ,3811) to the article and add pp icable pa an ostageto cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement 'Restricted Defivery'. lease present the arti: ¦ If a postmark on the Certified Mail receipt is desired, p cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and all ix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff :NO. ©u C"T V. CIVIL ACTION - LAW AARON ROHN Defendant JURY TRIAI, DEMANDED NOTICE 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 is served by entering a written appearance, personally or by an attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the court with only such further notice to you as may be required by law for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money, property, or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, OR 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 Telephone Number (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff : NO. V. CIVIL ACTION - LAW AARON ROHN Defendant JURY TRIAL: DEMANDED NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demanda expuesta en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y las notificacion. Usted debe prestar una apariencia excrita o en persona o por abogado y archivar en la corte en forma excrita sus defensas o sus objeciones a las demanda en contra de so persona. Sea avisado que A usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o sin notificacion y por qualgier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero or sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO :[MMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA PUEDE CONSEGUIR ASSISTENCIA. LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Number (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff : NO. V. CIVIL ACTI13N - LAW AARON ROHN Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff David Bickford, by and through his attorney, Omar Bucaram, Esquire, and files this Complaint by averring; as follows: 1. Plaintiff David C. Bickford is an adult individual and a citizen of the Commonwealth of Pennsylvania who resides in Harrisburg, Pennsylvania. 2. Defendant Aaron Rohn is an adult individual who resides at 2965 Enola Rd., Carlisle, Pennsylvania 17013 3. Plaintiff filed a Complaint with District Justice Paula Correal on January 14 2004. 4. On March 16, 2004, Judgment was entered in favor of the Plaintiff and against the Defendant. 5. Defendant appealed the award of judgment and the Plaintiff now files this Complaint 6. The facts and occurrences hereinafter related, took place on or about January 17, 2003, at approximately 7:30 p.m. in the Auto Zone parking lot at 735 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. 7. At that time and place, conditions were clear and the parking lot was covered with snow. 8. At that time and place Mr. Bickford, the Plaintiff, was operating his 1995 Cavalier Convertible. 9. The Plaintiff entered the Auto Zone parking lot and proceeded to travel in a westward direction in the second isle of the parking lot. 10. At that same time and place Mr. Rohn, the Defendant, was operating his 1998 Mitsubishi Eclipse. 11. The Defendant was cutting from isle one into isle two of the Auto Zone parking lot, traversing the parking spaces headed toward the parking lot's exit. 12. The Defendant failed to stop his vehicle in time to avoid hitting the Plaintiff's vehicle. 13. The Defendant's vehicle struck the Plaintiff's vehicle with such force that it caused the latter to swerve to the right. 14. The aforesaid collision and all the injuries and damages set forth hereinafter sustained by the Plaintiff are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which the Defendant operated his vehicle as follows: a) failure to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway and or parking lot; b) failure to keep a proper distance between vehicles so as to be able to stop in the assured clear distance ahead; C) driving too fast for road conditions; and d) driving a vehicle in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 15. As a result of the aforementioned accident, the Plaintiff sustained severe damage to his 1995 Cavalier Convertible, and a claim is made thereof. 16. Because of the nature of the damage to the 1995 Cavalier Convertible, the Plaintiff has been advised by written quote of the cost of repairs, and a claim is made thereof. 17. A true and correct copy of said written quote is attached to this complaint and is labeled as exhibit "A." 18. As a result of the accident, the Plaintiff experienced inconveniences in carrying out his daily activities, and a claim is made thereof. WHEREFORE, Plaintiff David C. Bickford demands judgment against Defendant Aaron Rohn in an amount in excess of Five Thousand Three Hundred and Eight ($5,308.00) Dollars, exclusive of interest, cost and attorney fees. By: OiKdBucarad`.i,'Atty. ID # 90354 Attorney for Plaintiff 3109 North Front Street Harrisburg, PA 17110 (717) 909-8083 VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. I avid C. Bick ord Plaintiff EXHIBIT "A" CARL'S AUTOBODY 1281 N. MOUNTAIN ROAD LINGLESTOWN, PA 17112 717) 545-9754 FAX (717) 545-0016 DATE 34 NAME 1i n t':i 7) /`F. i.( .k ;, , HOME ?• BUS PHONE i'K3?-PHONE f YR 1;9 i"" '' rr MAKE nt ? V, BODY ?4?baE ?'i. LICENSE NO. SE RIAL NO. /GiJF??2DX{$;G 337 MILEAGE RP R PL DESCRIPTION PARTS LABOR REFINIS H MAT/SUBLET x .?r 6 / r ?. G r TOTALS TOTALPARTS TOTAL LABOR TOTAL REFINISH TOTAL MAT/SUBLET SUBTOTAL This estimate is based on inspection and does not cover additional parts or labor which may TAX be required after the work has been started. Mier the work has started, worn or damaged parts which are not evident on first inspection may be discovered. Naturally this estimate TOWING cannot cover such contingencies. Parts prices subject to change without notice. This estimate is for immediate acceptance. TOTAL ESTIMATE SHEET & REPAIR BIRDER CARL'S AUTOBODY 1281 N. MOUNTAIN <gvAD LINGLESTOWN, PA 112 717) 5459754 FAX (717) 545-0016 VDATE ADDRESS - i HOME BUS PHONE PHONE LICEN BODY SE NO. SERIA I NO. MI,EEA F GE I '1 YR. MAKE PARTS LABOR REFINIS H.. MAT/SUBL ET P RPL DESCRIPTION X X c. D D X n1 ? ? 5t G L l/ ?. d [ 3el CG ?. r` i' Icy ? o v lP>l ! 17 - -7 Yh- . cat (J ?F [t t k r TOTALS L ? . 7 ------------ TOTAL PARTS ? ;5x l / . }r t TOTAL LABOR.. G^ &' . . ?D TOTAL REFINISH z/ . (7'. _ TOTAL MAT/SUBLET /C3Jr . SUBTOTAL ? -7 `A/ ot cover additional partsorlaborwhich may d d i TAX- oes n onan This estimate is based on inspect After the work has started, worn or damaged d t rt b . een s a e be required after the work has nt on first inspection may be discovered. Naturally this estimate id t TOWING ev e parts which are no This t notice itho . u cannot cover such. contingencies. Pe its prices subject to change w TOTAL , ? ?7 ?rL? ESTIMATE SHEET& REPAIR'DADER u O n Fri l4 "L; C7 . I C: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff : NO.04-1317 CV V. AARON ROHN Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Omar Bucaram, Esquire, do hereby certify that on this 19 day of April, 2004, did serve a true and correct copy of the foregoing document on all parties by depositing a copy of the same in the United States mail, first class postage prepaid, return receipt addressed to: Mark Bayley 155 S. Hanover St. Carlisle, PA 17103 By: 3109 North Front Street Harrisburg, PA 17110 (717) 909-8083 U.S. Postal Service,,,, ° CERTIFIED MAILT ? RECEIPT ??Iy, No ins urance coverag# Provided) m Oov544° Pi 71 fi x L, ° s0 to 50.83 Postage $ ° ° Certified Fee ° ° Retum Redept Fee (- ore ment Requiretl) PE p .G Restricted Delivery Fee (Endomement Required) ` ?Y 1 04 1 ru M C Tole) Postage & Fees W ? / 9 C3 ° ent To M2K - -- - M1 Street, Apt No.; or PO Box No. S Iss W?? EXHIBIT "A" CJ Elm Z?l V ?-' C J7 CC7 . r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff V. AARON ROHN Defendant TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Aaron Rohm, in the above captioned matter. No. 04-1317 CV Civil Action-Law JURY TRIAD DEMANDED PRAECIPE Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: 5-- ?q-o cI Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 cc: Omar Bucaram, Esquire IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff No. 04-1317 CV V. Civil Action - Law AARON ROHN JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff do hereby certify that I this day served a copy of the within Motion upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Omar Bucaram, Esquire 3109 N. Front Street Harrisburg, PA 17110 5,zq Dated: Mark F. Bayley, Esquire Attorney for Plaintiff C' N b" ? ? --{{ -? -_ .K m z ,. ?. 1 . r ' ;;? ry 17 ?+f.? N .. r_ (jrr7 i ` y ?` _ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff : No. 04-1317 CV V. : CIVIL ACTION - LAW AARON ROHM : JURY TRIAL DEMANDED Defendant MOTION TO AMEND CAPTION AND NOW COMES, Plaintiff David Bickford, by and through his attorney, Omar Bucaram, Esquire, and respectfully requests that the caption at the above-docketed be amended. In support thereof, Plaintiff avers as follows: 1. On April 19, 2004, Plaintiff filed a Complaint against Defendant Aaron Rohn. 2. The caption erroneously listed the name of Defendant Aaron Rohm as Aaron Rohn. 3. Plaintiff wishes to amend the caption of said Complaint to correct the above-mentioned error by changing Defendant Aaron Rohn to Aaron Rohm 4. The caption as shown above is correct. WHEREFORE, Plaintiff moves this Honorable Court to allow Plaintiff to amend the caption of the Complaint by changing the spelling of Defendant Aaron Rohn's last name to Rohm. Respectfully submitted, BUCARAM & PEDER By: Oa Bucar , .D. # 90354 Attorney for Plaintiff Date: June 8, 2004 3109 North Front Street Harrisburg, PA 17110 (717) 909-8083 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff : No. 04-1317 CV V. AARON ROHM Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Omar Bucaram, Esquire, do hereby certify that on this I day of June, 2004, did serve a true and correct copy of the foregoing document on all parties by depositing a copy of the same in the United States mail, first class postage prepaid, return receipt addressed to: Mark Bayley, Esquire ROMINGER, BAYLEY & WHARE 155 South Hanover Street Carlisle, Pennsylvania 17013 By: I az Bucaz Atty. ID # 90354 Attorney for Plaintiff 3109 North Front Street Harrisburg, PA 17110 (717) 909-8083 ,-> r? ? > (-, -n c- r .,a ?-, T -n ?_... fll ?:. s.- _?,m ? , -?; ?.i c ?? r_, - _ -?; -. «_<-? , '; c^, , , .. i _i ?- i c:: DAVID BICKFORD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW AARON ROHM, Defendant NO. 04-1317 CIVIL TEEM ORDER OF COURT AND NOW, this 15`h day of June, 2004, upon consideration of Plaintiff's Motion To Amend Caption, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Omar Bucaram, Esq. 3109 North Front Street Harrisburg, PA 17110 Attorney for Plaintiff Mark Bayley, Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Defendant ?M :rc BY THE COURT, ,?,,''dni, S PJ 'd ,llnrr; r?,',?0 ?s •Z NIC-1 91 tiny 4UOl A&V OP'OHICUd 3H1 d0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff V. AARON ROHM Defendant TO: Omar Bucaram 3109 North Front Street Harrisburg, PA 17110 No. 04-1317 CV Civil Action - Law JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer to Complaint and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted, Mark F. Bayley, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Defendant Aaron Rohm IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff No. 04-1317 CV V. Civil Action - Law AARON ROHM JURY TRIAL DEMANDED Defendant ANSWER TO COMPLAINT WITH NEW MATTER NOW COMES, the Defendant, Aaron Rohm, by and through his attorney Mark F. Bayley, Esquire, and in response to the Complaint of Plaintiff, responds as follows: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Denied. At the time of the accident, it was dark and Plaintiff operated his vehicle without headlights. Additionally, Plaintiff ignored blind spots behind parked vehicles as he sped through the parking lot. 8. Admitted 9. Denied in part and admitted in part. It is denied that Plaintiff was traveling in the second isle of the parking lot. It is admitted that Plaintiff enteredthe Auto Zone parking lot and proceeded to travel in a westward direction. 10. Admitted 11. Denied. Defendant denies cutting through the parking spaces when exiting the parking lot. Defendant was properly driving in the traveling lane of the parking lot. 12. Denied. Defendant acted as a reasonable and prudent driver and Plaintiff negligently struck the Defendant's vehicle. 13. Denied. Plaintiff negligently struck Defendant's vehicle. 14a. Denied. Plaintiff failed to keep alert and maintain a proper and adequate watch for the presence of other vehicles on the roadway and or parking lot. 14b. Denied. Plaintiff failed to keep a proper distance between vehicles so as to be able to stop in the assured clear distance ahead. 14c. Denied. Plaintiff was driving too fast for road conditions. 14d. Denied. Plaintiff was driving in a manner endangering persons and property and in a reckless manner with careless disregard for the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. 15. Denied. Defendant is without knowledge or information to sufficient to form a belief as to the truth of the averment. 16. Denied. Defendant is without knowledge or information to sufficient to form a belief as to the truth of the averment. IT Denied. This paragraph refers to a document which speaks for itself. 18. Denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. COUNTERCLAIM 19. At the time and place of the accident, it was dark and the Plaintiff was operating his vehicle without headlights. 20. Plaintiff entered the eastern entrance of the Auto Zone parking lot and proceeded to travel in a westward direction while cutting through the parking spaces. 21. Plaintiff failed to stop his vehicle in time to avoid striking Defendant's vehicle, who was navigating properly through the lot. 22. Plaintiff operated his vehicle in a negligent, careless, reckless and wanton manner as follows: a) failure to use headlights in the dark; b) failure to maintain a safe distance between vehicles and adequately watch for the presence of others; C) driving too fast for road conditions; d) failure to properly negotiate Auto Zone's parking lot; and e) failure to operate vehicle in a safe, reasonable, and prudent manner. 23. As a result of the Plaintiff's negligence, Defendant sustained damage to his vehicle. 24. Defendant has been advised through a written quote of the cost of repairs to his vehicle, and a claim is made thereof. 25. A true and correct copy the written quote is attached to this answer and is labeled as Exhibit "A. WHEREFORE, Defendant Aaron Rohm demands judgment against Plaintiff David C. Bickford in an amount of $3277.70, plus costs, attorney fees and any other amount the court deems just. q -? 6-6 Respectfully submitted, ROMINGER. BAYL & WHARF Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID 487663 Attorney for Defendant TRAVELERS CLAIM DEPARTMENT 1105 BERKSHIRE BOULEVARD WYOMISSING, PA 19610-1222 (800) 842-9897 . CD LOG NO 560 -0 ESTIMATE CLAIM INFORMATION CLAIM # LEG6922002 COMPANY D/R 01/20/03 D/A 01/20/03 INSURED DAVID C BICKFORD CLAIMANT AARON ROBIN LOSS PAYEE INSPECTION TYPE PRIMARY POI APPRAISER NAME LICENSE # WORK PHONE ADDRESS CITY STATE ZIP OWNER REPAIR FIELD FRONT END RIGHT JOHN PECHAR II 210756 (610) 736-2523 1105 BERKSHIRE BLVD WYOMISSING PA 19610- AARON ROBIN 2695 ENOSSON CARLISLE PA 17013- POLICY # CLAIM REP LOSS DATE LOSS TYPE ACCT # SECOND POI FAX INSP. DATE LOCATION CITY STATE 01-22-03 3:05 PM OM1195947331837101 278 C ZERBE X3723 01-17-03 LIABILITY P02-S00-D-R07 (610) 927-3915 01-21-03 RESIDENCE CARLISLE WORK# HOME#(717) 243-4857 ,t REPAIR L VEHICLE 1998 MITSUBISHI ECLIPSE GSX 2 DR HATCHBACK 4CYL GASOLINE TURBO 2.0 OPTIONS TWO-STAGE - EXTERIOR SURFACES AIR CONDITIONING BUMPER COVER MOUNTED FOG LAMPS POWER DOOR LOCKS MOONROOF REAR WIPER BODY COLOR SILVER CONDITION GOOD LICENSE # ENJ0997 LICENSE STATE PA DAYS TWO-STAGE - INTERIOR SURFACES CRUISE CONTROL KEYLESS ENTRY SYSTEM ELEC REMOTE CONTROL MIRRORS POWER WINDOWS 4-WHEEL DRIVE MILEAGE 63,520 VIN 4A3;AL54F3WE010814 CODE - G18:2 VEH INSP # REMARKS: PHOTOGRAPHS UPLOADED TO PHOTO WEB ESTIMATE PROCEDURES DISCUSSED WITH OWNER. ESTIMAAE GIVEN TO OWNER LKQ FENDER LOCATED AT 250 AUTO: REFERENCE# 281655 REPAIR FACILITY: OWNERS CHOICE OP CODES: * = USER-ENTERED VALUE E = REPLACE OEM NG = REPLACE NAGS EC = REPLACE AFTERMARKET UC = REMAN/REBUILT OEM UM = AFTERMARKET REMAN EU = SALVAGE PART EP = AFTERMARKET NEW PC = RECON OEM PART PM = AFTERMARKET RECON TE = PARTL REPL PRICE. ET = PARTL REPL LABOR IT = PARTIAL REPAIR I = REPAIR L = REFINISH PA Exhi bit "A" 1998- MITSUBISHI ECLIPSE CLAIM # LEG6922002 BR = BLEND REFINISH SB = SUBLET P = CHECK UP = UNRELATED PRIOR GSX 2 DR HATCHBACK LOG 560 -0 TT = TWO-TONE N = ADDITIONAL LABOR AA = APPEAR ALLOWANCE OP GDE MC DESCRIPTION -- --- -- ----------- PC 0006 COVER,FRONT BUMPER L 0006 COVER,FRONT BUMPER E 1000 01 CLIP,FRT BUMPER PC 0042 HEADLAMP ASSY,HALOG N 0973 HEADLAMPS AIM E 0047 LENS,SIDE MARKER E 0083 PANEL,HOOD L 0083 PANEL,HOOD E 0102 01 LABEL,HOOD E 0140 LABEL,HOOD RI 0086 PAD,INSULATOR HOOD E 0099 LABEL,HOOD E 0079 07 PANEL,RADIATOR SIDE L 0079 PANEL,RADIATOR SIDE I 0106 07 PNI, ASSEMBLY,INR >>TIME FOR AFTER PULL L 0106 PNL ASSEMBLY,INR BR 0103 FENDER,FRONT EU 0104 FENDER,FRONT >>INCLUDES SKIRT FN MFR.PART NO. RECON OEM PART REFINISH 2.5 Surface 0.6 Two-stage 0.5 Two-stage MULTI-PART RT RECON OEM PART ADDITIONAL LABOR RT MR109872 MB959360 REFINISH 3.0 Surface 1.0 Edge 0.8 Two-stage MB682049 MD345829 R&I ASSEMBLY MD345834 RT MB959304 RT REFINISH 0.5 Surface 0.1 Two-stage RT REPAIR FN RT REFINISH 0.8 Surface 0.2 Two-stage LT BLEND REFINISH 0.8 Blend 0.4 Two-stage RT SALVAGE PART 01-22-03 3:05 PM CG = CHIPGUARD RI = R&I ASSEMBLY RP = RELATED PRIOR PRICE AJ% B% HOURS R ----- --- -- ----- - 253.00 2.0 1 3.6 4 setup 5.34 265.95 16.78 479.75 3.05 1.90 0.52 62.78 L 0104 FENDER,FRONT RT REFINISH 1.9 Surface 0.5 Edge 0.5 Two-stage RI 0119 DEFLECTOR,FRT FENDE LT R&I ASSEMBLY RI 0120 DEFLECTOR,FRT FENDE RT R&I ASSEMBLY E 0107 SKIRT,INNER FENDER LT MR162457 E 0684 COOLER,TRANS OIL MD762912 BR 0210 PNL,FRONT DOOR OUTE RT BLEND REFINISH 0.8 Blend 0.4 Two-stage RI 0232 PNL,INNER DOOR TRIM RT R&I ASSEMBLY RI 0238 MLDG,FRONT DOOR BEL RT R&I ASSEMBLY RI 0173 HANDLE,FRONT DOOR 0 RT R&I ASSEMBLY RI 0244 DEFLECTOR,FRONT DOO RT R&I ASSEMBLY EC M14 CORROSION PROTECTION REPLACE AFTERMARK EC M17 COVER CAR EXTERIOR REPLACE AFTERMARK EC M60 HAZARDOUS WASTE REMO VA REPLACE AFTERMARK EC FLEX ADDITIVE REPLACE AFTERMARK I SET UP AND MEASURE REPAIR I PULL AND ALIGN REPAIR 140.00* +25 20.97 153.73 10.00* 5.00* 3.00* 5.00* 1 0.6 1 0.5 1 INC 1 1.2 1 4.8 4 0.1 1 0.1 1 0.3 1 0.1 1 5.9 1 0.6 4 2.5*1 1.0 4 1.2 4 INC 1 2.9 4 0.2 1 INC 1 INC 1 0.6 2 1.2 4 0.1 1 0.5 1 0.7 1 0.6 1 4 0.2*4 1 4 2.0*1* 2.0*1* 1998-MITSUBISHI ECLIPSE GSX 2 DR HATCHBACK CLAIM # LEG6922002 LOG 560 -0 34 ITEMS MC MESSAGE 01 CALL DEALER FOR EXACT PART # / PRICE 07 STRUCTURAL PART AS IDENTIFIED BY I-CAR FINAL CALCULATIONS & ENTRIES PARTS GROSS PARTS $ 744.82 OTHER PARTS $ 681.95 PAINT MATERIAL $ 279.00 ADJUSTMENTS DISCOUNT MARKUP LINE ITEMS $ 35.00 PARTS TOTAL TAX ON PARTS & MATERIAL @ 6.000% LABOR RATE REPLACE HRS REPAIR HRS 1-SHEET METAL $ 38.00 12.4 7.0 2-MECH/ELEC $ 42.00 0.6 3-FRAME $ 40.00 4-REFINISH $ 38.00 15.5 5-PAINT $ 18.00 LABOR TOTAL TAX ON LABOR @ 6.000% SUBLET REPAIRS TOWING STORAGE GROSS TOTAL LESS: DEDUCTIBLE NET TOTAL 01-22-03 3:05 PM $ 1,740.77 $ 104.45 $ 737.20 $ 25.20 $ 589.00 $ 1,351.40 $ 81.08 $ 3,277.70 NONE- $ 3,277.70 PXN Y/02/02/00/00/00 CUM 02/02/00/00/00 Geocode: 19610 RECONDITIONED ADP PENPRO W0405 ES LOG560 -0 01-22-03 15:31:23 REL 4.05 SW10/02 DT12/02 (C) 1993 - 2002 ADP CLAIMS SOLUTIONS GROUP, INC. 3.5 HRS WERE ADDED TO THIS EST. BASED ON ADP'S TWO-STAGE REFINISH FORMULA. OEM PARTS ARE AVAILABLE AT MANUFACTURERS' DEALERSHIPS. -ADDNL=ADDITIONAL, ADP=AUTOMATIC DATA PROCESSING,,, AJ%=ADJUSTMENT PERCENTAGE, B%=BETTERMENT PERCENTAGE, C=CORRECTION, CAPA=CERTIFIED AUTOMOBILE PARTS ASSOCIATION, ELEC=ELECTRICAL, GDE=GUIDE, HRS=HOURS, MC=MESSAGE CODE, MECH=MECHANICAL, MFG=MANUFACTURING, MFR=MANUFACTURER, NAGS=NATIONAL AUTOMOTIVE GLASS ASSOCATION, #=NUMBER, OEM=ORIGINAL EQUIPMENT MANUFACTURER, OP=OPERATION, PRT=PART, PARTL=PARTIAL, PX=PARTS EXCHANGE, PXN=PARTS EXCHANGE NEW, R=RATE, REPL=REPLACE, R&I=REMOVE AND INSTALL, S=SUPPLEMENT, SPL=SUPPLIER, SPPL=SALVAGE PART PRICE LOCATOR, VIN=VEHICLE IDENTIFICATION NUMBER COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. THERE IS NO REQUIREMENT THAT THE VEHICLE OWNER USE ANY SPECIFIED REPAIR SHOP. SHOP. WE WILL PROVIDE INFORMATION REGARDING REPAIR FACILITIES THAT WILL REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT IF NECESSARY.IF THE APPRAISAL SPECIFIES USED 199$ MITSUBISHI ECLIPSE GSX 2 DR HATCHBACK CLAIM # LEG6922002 LOG 560 -0 01-22-03 3:05 PM PARTS THE PARTS MUST BE OF LIKE KIND AND QUALITY OR BETTER THAN THOSE BEING REPLACED. AFTERMARKET CRASH PART - A NONORIGINAL EQUIPMENT MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NONMECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND -OUTER PANELS. THIS APPRAISAL WILL INDICATE IF AFTERMARKET CRASH PARTS ARE SPECIFIED. IF THE USE OF SUCH PARTS VOIDS THE WARRANTY ON THE PART BEING REPLACED OR ON ANY OTHER PART, THE AFTER MARKET CRASH PART WILL BE WARRANTED BY THE MANUFACTURER OR INSURANCE COMPANY EQUAL TO OR BETTER THAN THE REMAINDER OF THE EXISTING WARRANTY. THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS AND/OR OTHER QUALITY REPLACEMENT PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDUENT INSURANCE .C CH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES WRITTEN BY: J' APPRAISER LIC. # Z?l"15? ------------------------------------------------------------------------------- THIS ESTIMATE MAY HAVE BEEN PREPARED BASED ON THE USE OF OTHER AFTERMARKET PARTS SUPPLIED BY A SOURCE OTHER THAN THE ORIGINAL MANUFACTURER. SUPPLEMENTAL REPAIR CHARGES MAY BE REJECTED UNLESS APPROVED BY THE TRAVELERS PRIOR TO REPAIRS. THIS INSTRUMENT IS NOT AN AUTHORIZATION TO REPAIR. REPAIR MUST BE AUTHORIZED BY THE OWNER. CD LOG NO 560 -0 DATE 01-22-03 VEHICLE 1998 MITSUBISHI ECLIPSE GSX 2 DR HATCHBACK 4CYL GASOLINE TURBO 2.0 OPTIONS TWO-STAGE - EXTERIOR SURFACES TWO-STAGE - INTERIOR SURFACES AIR CONDITIONING CRUISE CONTROL BUMPER COVER MOUNTED FOG LAMPS KEYLESS ENTRY SYSTEM POWER DOOR LOCKS ELEC REMOTE CONTROL MIRRORS MOONROOF POWER WINDOWS REAR WIPER 4-WHEEL DRIVE SUBSTITUTED FOR SUPPLIER PART OEM PART SUPPLIER CLS SRC PART DESCRIPTION NUMBER NUMBER CODE FRONT BUMPER Cover,Front Bumper MI1000260RP+ MR296443 >001 R 3 MI1000260RP+ MR296443 >003 R 3 FRONT END PANEL AND LAMPS Headlamp Assy,Halogen RT MR296284 MR485144 >002 R 3 > = ESTIMATE TOTAL IS BASED ON PRICE QUOTED BY THIS SUPPLIER KEY TO CLASSIFICATION/SOURCE CODES CLS = CLASSIFICATION CODE: C - CAPA CERTIFIED PART QUOTED BY LISTED SUPPLIER M - REMANUFACTURED/REBUILT PART R - RECONDITIONED PART SRC = SOURCE CODE: 1 - NON ORIGINAL EQUIPMENT MANUFACTURER PART 3 - ORIGINAL EQUIPMENT MANUFACTURER (OEM) PART DETAILED DISTRIBUTOR LIST 001 - PXN5024 KEYSTONE AUTO RCND BOX 3658 ROUTE 378 BETHLEHEM, PA 18015 (610) 865-5553 (800) 962-9109 002 - PXN6809 R P W HEADLAMPS RCND 866 HIGHWAY 65/69 NORTH INDIANOLA, IA 50125 (800) 336-4028 (515) 961-0517 003 - PXN9120 KEYSTONE NWPP RCND BOX 3658 ROUTE 378 BETHLEHEM, PA 18015 (610) 865-5553 (800) 962-9109 ADP PENPRO W0405 ES LOG560 -0 01-22-03 15:31:23 REL 4.05 SW10/02 DT12/02 GEOCODE: 19610 SA: RECONDITIONED (C) 1993 - 2002 ADP CLAIMS SOLUTIONS GROUP, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff No. 04-1317 CV V. Civil Action - Law AARON ROHM JURY TRIAL DEMANDED Defendant CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Aaron Rohm, do hereby certify that I this day served a copy of the Answer to Complaint with New Matter upon the following by depositing sAW in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Omar Bucaram, Esquire 3109 North Front Street Harrisburg, PA 17110 ?- / Y j l Date: ly- Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. 987663 Attorney lfor Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID BICKFORD Plaintiff No. 04-1317 CV V. Civil Action - Law AARON ROHM JURY TRIAL DEMANDED Defendant VERIFICATION I verify that I am the petitioner and that the statements made in the foregoing Petition and Request for a Master are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: ??? ?? n `? O c'_ -n cn .:r,, Z`?? `.?f'1 '?? ' !_ -_ "V -' -1 n? Curtis R. Long Prothonotary office of the Vrotbonotarp Cumbertanb Cauntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor nq - /.317 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573