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HomeMy WebLinkAbout09-8239IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA Cumberland County First United Bank and Trust Plaintiff v Kayla M. Thornlow Defendant Civil Action - Law No. ()f - g.Z) q Judge NOTICE You have been sued in Court. If you wish to defend against the claim 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 attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claims 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Bar Association Legal Reference Service Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA Cumberland County First United Bank and Trust Plaintiff Civil Action - Law v : Kayla M. Thornlow Defendant No. 49 - F:Z 3'? Judge COMPLAINT NOW comes the Plaintiff, by its attorneys, Sharpe & Sharpe, LLP, and for its cause of action against the Defendant says: 1. Plaintiff is First United Bank and Trust, a duly organized Maryland Corporation having an office at 19 South Second Street, Oakland, MD 21550. 2. Defendant is Kayla M. Thornlow, a sui juris adult, who resides at 439 S. Fayette Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On June 10, 2008, Defendant executed a "Retail Installment Contract and Security Agreement" (the "Contract"), a true copy of which is attached hereto as Plaintiff's Exhibit 1, and made a part hereof by reference thereto. 4. Under and pursuant to the Contract, Plaintiff loaned the Defendant the sum of $32,391.36, which Defendant agreed to pay back with interest at the rate of 8.09% per annum (the "Loan"). 5. Under and pursuant to the contract, Plaintiff received a security interest in a 2006 Mazda RX 8 (the "Automobile") as security for the repayment of the Loan. 6. On or about August 28, 2009, Defendant defaulted on the Loan by failing to make a required payment on the Loan. 7. On October 20, 2009, Plaintiff sold the Automobile at public sale and received the sum of $10,508.13, which sum was credited by the Plaintiff against the amounts due under the Loan. 8. As of October 21, 2009, the Defendant owed the Plaintiff the sum of $10,510.46, determined as set forth on the attached Exhibit 2 which is made part hereof by reference thereto and interest accrues from that date at a per diem rate of $0.4894198. 9. Defendant also owes Plaintiff's attorney fee as authorized in the Contract. 10. Plaintiff's reasonable attorney fee is $1,500.00. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $12,010.46, inclusive of attorney's fees together with accrued interest to the date of judgment on the principal balance due $10,510.46 at the rate of 8.09% annually, being $0.4894198 per day, plus costs of suit. SHARPE & SHARPE, LLP Date: / I -- 20 -09 By M ry t-etrf h a n Attorney for Plaintiff ID 94655 257 Lincoln Way East Chambersburg, PA 17201 (717) 263-8447 RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT No Date Seller SHARRETT, LNC - i Buyer K,AVLA MARIE THORiyLOi 10312 AUTO PLACE 2034 POWELL DRIVE HAGERSTOhIN, MD 217417 CHAMBERSBUFFG PA "We" and "us" mean the Seller above, its "You" and "your' mean see Buyer above, and successors and assigns. guarantor, jointly and individually. SALE: You agree to purchase rom us, on a time basis, subject to the terms and conditions of this contract and security agreement (Contract), the Motor Vehicle (Ve"ticle) and services described below. The Vehicle is sold in its present condition, together with the usual accessories and attachments. Description of Year 2006 VIN iM1EE1737602OQ92 Other. i?/A, Motor Vehicle Make M,AZDA Lie. No./Year COL(j, SUNLIGHT SILVER Purchased Model R [; ? New 41U - Description of Trade-In oec,ursr t r: 10 secure your payment and performance under the terms of this Contract, you give us a security interest in the Vehicle, all accessions, attachments, accessories, and equipment placed in or on the Vehicle, together called Property, and proceeds of the Property. You also assign to us and give us a security interest in proceeds and premium refunds of any insurance and service contracts purchased with this Contract. PROMISE TO PAY AND PAYMENT TERMS: You promise to pay us the principal amount of $ ;:;lit plus finance charges accruing on the unpaid balance at the rate of s' 00 / per year from today's date until paid in full. Finance charges accrue on a ;Ap day basis. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the TRUTH IN LENDING DISCLOSURES. You also agree to pay any additional amounts according to the terms ano conditions of this Contract. Dealer Processing Charge Paid To Seller (not required by law) $ L'/A Freight Charge: $ N/A . DOWN PAYMENT: You also agree to pay, or apply to the Cash Price, on or before today's date, any cash, rebate and net trade-in value described in the ITEMIZATION OF AMOUNT FINANCED. ? You agree to make deferred payments as part of the cash down payment as reflected it your Payment Schedule. STATUTORY AUTHORITY: Tnis sale is made under Subtitle 10, Credit Grantor Closed End Credit Provisions, of Title 12 of the Commercial Law Article of the Annotated Code of Me land. NI TA IIJ t FlJnrur rii nenor:e ANNUAL PERCENTAGE RATE FINANCE CHARGE AMOUNT FINANCED The amount of credit TOTAL OF PAYMENTS The amount you will have TOTAL SALE PRICE The total cost of your purchase on The cost of your credit as The dollar amount the provided to you or on paid when you have made credit, inducing your down payment of a yearly rate. credit will cost you. your behalf. all scheduled payments. ' 22 1 - 11 , $ -5511), 2Q $ $ Pa merit schedule: You r payment schedule will be Number of Payments Amount of Payments When Payments Are Due I- j 446.83 MONTHLY BE6INN11:16: 07/25/08 Security: You are giving a security interest in the Motor Vehicle purchased. ?X Late Charge: If a payment is mere than 10 days late, you will be charged $20.00 or 5% of the payment whichever is greater Prepayment: If you pay off this Contract early, you will not have to pay a penalty. Contract Provisions: You can see the terms of this Contract for any additional information about nonpayment, default, any required repayment before the scheduled date, and prepayment refunds and penalties. C r1cur r nvbuKANUt: credit life, credit disability (accident and ITEMIZATION OF AMOUNT FINANCED health), and any other insurance coverage quoted below, are not In required to obtain credit and we will not provide them unless you sign Vehicle Price (Ind. sales tax of $ 1324.20 ) $ 23319-20 and agree to pay the additional premium. If you want such insurance, Optional Mechanical Repair Contract, we will obtain it for you (if you qualify for coverage). We are quoting Paid to: EASY CRRE $ 1 500.00 below ONLY the coverages you have chosen to purchase. - Credit Life: Insured ? Single ? Joint Prem. $q' Term Credit Disability: Insured r1 Single ? Joint Prem. $ ?A Term Your signature below means you wart (only) the insurance coverage(s) quoted above. If none are quoted, you have declined any coverages we offered. Buyer d/o/b Buyer -d/o/b PROPERTY INSURANCE: You must insure the Property securing this Contract. You may purchase or provide the insurance through any insurance company reasonably acceptable to us. The collision coverage deductible may not exceed $ 1000.00 . If you get insurance from or through us you will pay $ NI%A for of coverage. This premium is calculated as follows: ? S -._L? Deductible, Collision Coverage $ N A ? $ Deductible, Comprehensive Coy. $ I- ? Fire-Theft and Combined Additional Coverage $? ?- _ $ N A Liability insurance coverage for bodily injury and motor vehicle damage caused to others is not included in this Contract unless checked and indicated. SINGLE-INTEREST INSURANCE: You must purchase single-interest insurance as part of this sale transaction. You may purchase the coverage from a company of your choice, reasonably acceptable to us. If you buy the coverage from or through us, you will r10 72 MONTHS \,p y $ _`" for of coverage. 1 OPTIONAL DEBT CANCELLATION AGREEMENT: You are otTequired d to purchase a Debt Cancellation Agreement to obtain credit. You agree to purchase a Debt Cancellation Agreement from us. You will pay S for 79 MCINTH'? of coverage. want pti deb cancellation agreement at the stated cost. Buy Date Buyer Date ? OPTIONAL MECHANICAL REPAIR CONTRACT: You are not required to purchase a mechanical repair contract to obtain credit. With your purchase of the Vehicle, you agree to purchase a Mechanical Repair Contract to cover _ Amount to Finance line e. (if e. is negative) $ N / A Total Cash Price $ 24819.2!0 Manufacturer's Rebate $ N?A _ Cash Down Payment $ NIA Deferred Down Payment $ IN JA _ a. Total Cash/Rebate Down $ /A b. Trade-In Allowance $ N / A c. Less: Amount owing $ N /A _ Paid to: _ d. Net Trade-In (b. minus c.) e. Net Cash/Trade-In (a. Pius d.) $ _ NI/A Down Payment (e.; disclose as $0 if negative) $ 0.00 Unpaid Balance of Cash Price $ 2°439.20 Paid to Public Officials - Filing Fees $ 1 4b.Of-i Insurance Premiums' $ N , A Dealer Processing Charge, Paid to Seller $ 7 . (ill Freight Charge $/q Optional Debt Cancellation Agreement, Paid to Seller $ a i p r To: $ Pd/.4 To: _ $ N/A. To: _ $ N / P. To: _ $ N/A To: VSI _ $ 45.00 Total Other Charges/Amounts Pd. to Others $ _ 671 -00 Less: Prepaid Finance Charges $ N /A Amount Financed $ -5510.20 We may retain or receive a portion of this amount. BY SIGNING BELOW BUYER AGREES TO THE TERMS ON PAGES 1 AND 2 OF THIS CONTRACT AND ACKNOWLEDGES DELIVERY AND RECEIPT OF A COMPLETELY FILLED IN, Buyer: ED COP OF THIS CONTRACT. Signature U6 1 ?) a Date e Signature Date `HARRETT t IC Seller: By 4Aiir?? ASSIGNMENT: This Contract and Security Agreement is assigned EXHIBIT t0 FIRST UNITED BANK 8 TRUST, PO BOX 47a. OAKLAND, MD 21550 the Assignee, phone 888-MYBANK4 -rhis assignment is made ? under the terms Of a separate agreement. 11 under the terms of the ASSIGNMENT 8Y SELLER on page 2. ? This assignment is made 1 with recourse Sever:By? eat®6/?[il7(16t, ThIs phi;?tcal ?p jOgt ac ywijPpfl il for ??trrr11 gg?? MARYLAND RETAIL INSTALLMENT CONTRACT AND SECURITY AGREE MWS ADDITIONAL TERMS OF THIS OONTRACT AND SECURITY AGREEMENT GENERAL TERMS: You have been given the opportunity to purchase the Vehicle and described services for the Cash Price or the Total Sale Price. The Total Sale Prce is the total price of the Vehicle and any services if you buy them over time. You agreed to purchase the items over time. The Total Sale Price shown in the TRUTH IN LENDING DISCLOSURES assumes that all payments will be made as scheduled. The actual amount ycu will pay may be more or less depending on your payment record. We do not intend to charge or collect, and you do not agree to pay, any finance charge or fee, that is more than the maximum amount permitted for this sale by state or federal law. If you pay a finance charge or fee that is contrary to this provision, we will, instead, apply it first to reduce the principal balance, and when the principal has been paid in full, refund it to you. You understand and agree that some payments to third parties as a part of this Contract may involve money retained by us or paid back to us as commissions or other remuneration. If any section or provision of this Contract is not enforceable, the other terms will remain part of this Contract. PREPAYMENT: You may prepay this Contract in full or in part at any time. Any partial prepayment will not excuse any later scheduled payments until you pay in full. A refund of any prepaid, unearned insurance premiums may be obtained from us or from the insurance company named in your policy or certificate of insurance. OWNERSHIP AND DUTIES TOWARD PROPERTY: By giving us a security interest in the Property, you represent and agree to the following. A. Our security interest will not extend to consumer goods unless you acquire rights to them within 10 days after we enter into this Contract, or they are installed in or affixed to the Vehicle. 5. You will defend our interests in the Property against claims made by anyone else. You will do whatever is necessary to keep our claim to the Property ahead of the claim of anyone else. C. The security interest you are giving us in the Property comes ahead of the claim of any other of your general or secured creditors. You agree to sign any additional documents or provide us with any additional information we may require to keep our claim to the Property ahead of the claim of anyone else. You will not do anything to change our interest in the Property. D. You will keep the Property in your possession in good condition and repair. You will use the Property for its intended and lawful purposes. Unless otherwise agreed in writing, the Property will be located at your address listed on page 1 of this Contract. E. You will not attempt to sell the Property (unless it is properly identified inventory) or otherwise transfer any rights in the Property to anyone else, without our prior written consent. F. You will pay all taxes and assessments on the Property as they become due. G. You will notify us of any loss or damage to the Property. You will provide us reasonable access to the Property for the purpose of inspection. Our entry and inspection must be accomplished lawfully, and without breaching the peace. DEFAULT: You agree that the fol owing are additional terms and conditions of this Contract and that if cne or more of the following occur you will be in default: A. You fait to make a payment under this Contract when due. B. You die, terminate or dissolve your business, or are involved in any insolvency proceedings brought by or against you. C. You fail to keep the Property insured, if required. D. The Property is substantially damaged, destroyed or stolen. E. You use the Property in violation of any rule, regulation or government order. F. The Property is confiscated by any government authorities. G. A judgment or tax lien is filed against you or an attachment or garnishment is issued against any of your property or rights, specifically including the commencement of any action, suit or proceeding to seize any of your funds on deposit with us. H. You make any written statement or provide any financial information that is untrue or inaccurate at the rime it is given. I. You permit any other lien holder to gain priority over the lien or security interest which we have in the Property. J. Any of your other creditors accelerates a debt owing to them. K A judgment against you becomes final. L. You fail to keep any promise you have made in connection with this sale transaction. If you default, you agree to pay all court and other collection costs we actually incur to collect amounts owing. If we refer this Contract to an attorney who is not a salaried employee of ours, this amount includes reasonable attorneys' fees. If an event of default occurs as to any one of you, we may exercise our remedies against any or all of you. REMEDIES: If you are in default on this Contract, we have all of the remedies provided by law and this Contract: A. We may require you to immediately pay us, subject to any refund required by law, the remaining unpaid balance of the amount financed, finance charges and all other agreed charges, B. We may pay taxes, assessments, or other liens or make repairs to the Property if you have not done so. We are not required to do so. This amount will be due immediately. This amount will earn finance charges from the date paid at the rate described in the PROMISE TO PAY AND PAYMENT TERMS section until paid in full. C. We may require you to make the Property available to us at a place we designate that is reasonably convenient to you and us. D. We may immediately take possession of the Property_by legal process or self-help, but in doing so we may not breach the peace or unlawfully enter onto your premises. We may then sell the Property and apply what we receive as provided by law to our reasonable expenses and then toward your obligations. E. Except when prohibited by law, we may sue you for additional amounts if the proceeds of a sale do not pay all of the amounts you owe us. By choosing any one or more of these remedies, we do not waive our right to later use another remedy. By deciding not to use any remedy, we do not give up our right to consider the event a default if it happens again. You agree that if any notice is required to be given to you of an intended sale or transfer of the Property, notice is reasonable it sent by registered or certified mail to your last known address, as reflected in our records, at least 10 days before the date of the intended sale or transfer (or such other period of time as is required by law). You agree that, subject to your right to recover such property, we may take possession of personal property left in or on the Property securing this Contract and taken into possession as provided above. RETURNED CHECK CHARGE: If you make any payment required by this Contract with a check or negotiable instrument that is dishonored on the second presentment, you agree to pay a fee of $15.00. INSURANCE: You agree to buy property insurance on the Property protecting against loss and physical damage and subject to a maximum deductible amount indicated in the PROPERTY INSURANCE section, or as we will otherwise require. You will name us as loss payee on any such policy. In the event of loss or damage to the Property, we may require additional' security or assurances of payment before we allow insurance proceeds to be used to repair or replace the Property. You agree that if the insurance proceeds do not cover the amounts you still owe us, you will pay the difference. You may purchase or provide the insurance through any insurance company reasonably acceptable to us. You will keep the insurance in full force and effect until this Contract is paid in full. If you fail to obtain or maintain this insurance, or name us as a loss payee, we may obtain insurance to protect our interest in the Property. This insurance may include coverages not required of you. This insurance may be written by a company other than one you would choose. It may be written at a rate higher than a rate you could obtain if you purchased the property insurance required by this Contract. We will add the premium for this insurance to the amount you owe us. Any amount we pay will be due immediately. This amount will earn finance charges from the date paid at the rate described in the PROMISE TO PAY AND PAYMENT TERMS section until paid in full. OBLIGATIONS INDEPENDENT: Each person who signs this Contract agrees to pay this Contract according to its terms. This means the following: A. You must pay this Contract even il' someone else has also signed it. B. We may release any co-buyer or guarantor and you will still be Obligated to pay this Contract. C. We may release any security and you will still be obligated to pay this Contract. D. If we give up any of our rights, it will not affect your duty to pay this Contract. E. If we extend new credit or renew this Contract, it will not affect your duty to pay this Contract. WARRANTY: Warranty information is provided to you separately. WAIVER: To the extent permitted by law, you agree to give up your rights to require us to do certain things. We are not required to: (1) demand payment of amounts due; (2) give notice that amounts due have not been paid, or have not been paid in the appropriate amount, time or manner; or, (3) give notice that we intend to make, or are making, this Contract immediately due. THIRD PARTY AGREEMENT By signing below you agree to give us a security interest in the Property described in the SALE section. You also agree to the terms of this Contract, including the WAIVER section above, except that you will not be liable for the payments it requires. Your interest in the Property may be used to satisfy the Buyer's obligation. You agree that we may renew, extend, change this Contract, or release any party or property without releasing you from this Contract. We may take these steps without notice or demand upon you. You acknowledge receipt of a completed copy of this Contract Date NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. IF YOU ARE BUYING A USED VEHICLE, THE INFORMATION YOU SEE ON THE WINDOW FORM FOR THIS VEHICLE IS PART OF THIS CONTRACT. INFORMATION ON THE WINDOW FORM OVERRIDES ANY CONTRARY PROVISIONS IN THE CONTRACT OF SALE. ASSIGNMENT BY SELLER Seller sells and assigns this Retail Installment Contract and Security Agreement, (Contract), to the Assignee, its successors and assigns, including all its rights, title and interest in this Contract, and any guarantee executed in connection with this Contract. Seller Rves Assignee full power, either in its own name or in Seller's name. to take all legal or other actions which Seller could have taken under this Contract. (SEPARATE AGREEMENT: If this Assignment Is made "under the terms of a separate agreement" as indicated on page 1, the terms of this assignment are described in a separate writing(s) and not as provided below.) Seller warrants: A. This Contract represents a sale by Seller to Buyer on a time price basis and not on a cash basis, B. The statements contained in this Contract are true and correct. C. The down payment was made by the Buyer in the manner stated on page 1 of this Contract and, except for the application of ary manufacturers rebate, no part of the down payment was loaned or paid to the Buyer by Seller or Seller's representatives. D. This sale was completed in accordance with all applicable federal and state laws and regulations. E. This Contract is valid and enforceable in accordance with its terms. F. The names and signatures on this Contract are not forged, fictitious or assumed, and are true and correct. G. This Contract is vested in the Seller free of all liens and is not subject to any claims or defenses of the Buyer other than claims related to the Buyers purchase of a debt cancellation agreement if marked on page 1. This Contract may be sold or assigned by the Seller. H. A completely filled-in copy of this Contract was delivered to the Buyer at the time of execution. I. The Vehicle has been delivered to the Buyer in good condition and has been accepted by Buyer. J. Seller has or will perfect a security Interest in the Property in favor of the Assignee. If any of these warranties is breached or untrue, Seller will, upon Assignee's demand purchase this Contract from Assignee. The purchase shall be in cash in the amount of the unpaid balance (Including finance charges) plus the costs and expenses of Assignee, including attorneys' fees. If any o` the unpaid balance of this Contract is canceled as a result of a debt cancellation agreement between the Buyer and Seller, the Seller will, upon Assignee's demand purchase this Contract from Assignee. The purchase shall be in cash in the amount of the canceled balance. Seller will indemnify Assignee for any loss sustained by it because of judicial set-off or as the result of a recovery made against Assignee as a result of a claim or defense Buyer has against Seller. Seller waives notice of the acceptance of this Assignment, notice of non-payment or non-performance and notice of any other remedies available to Assignee. Assignee may, without notice to Seller, and without affecting the liability of Seller under this Assignment, compound or release any rights against, and grant extensions of time for payment to be made, to Buyer and any other person obligated under this Contract. UNLESS OTHERWISE INDICATED ON PAGE 1, THIS ASSIGNMENT IS WITHOUT RECOURSE. WITH RECOURSE: If this Assignment is made "with recourse" as indicated on page 1. Assignee takes this Assignment with certain rights of recourse against Seller. Seller trees that if the Buyer details, on any obligation of payment or performance under this Contract, Seller will, upon demand, repurchase this G ` M1 FRS UNME 8a;n k & Trust PAYMENT HISTORY KAYLA M THORNLOW Date 07/23/2008 09/02/2008 09/26/2009 10/27/2008 12/05/2008 12/22/2008 01/26/2009 03/02/2009 03/30/2009 04/27/2009 05/28/2009 06/22/2009 07/24/2009 10/20/2009 10/20/2009 Payment $ 449.88 $ 449.88 $ 472.37 $ 449.88 $ 472.37 $ 450.00 $ 450.00 $ 472.37 $ 450.00 $ 449.88 $ 450.00 $ 450.00 $ 450.00 $ 11,256.02 $ 424.50 3990219564-7001 Principal Interest Fees $ 206.75 $ 243.13 $ $ 219.94 $ 229.94 $ $ 338.94 $ 133.43 $ - $ 279.85 $ 170.03 $ $ 260.91 $ 211.46 $ $ 358.79 $ 91.21 $ $ 265.02 $ 184.98 $ $ 289.45 $ 182.92 $ $ 305.46 $ 144.54 $ $ 307.23 $ 142.65 $ $ 294.19 $ 155.81 $ $ 325.97 $ 124.03 $ $ 293.55 $ 156.45 $ - $ 11,256.02 $ - $ $ - $ 424.50 $ TOTAL $ 17,597.15 Ori ginal Obligation Principal $ 25,510.20 Interest $ 2,597.41 Fees $ - L/Charges & O+ $ - TOTAL $ 28,107.61 Per Diem $0.4894198 $ 15,002.07 $2,595.08 $ - Pavments Credited Principal $15,002.07 Interest $ 2,595.08 Fees $ - L/Charges & Oth? $ - TOTAL $17,597.15 Late Charges & Other Balance Due 10/21/2009 $10,510.46 EXHIBIT a 2 VERIFICATION I verify that the statements made in the pleading are true and correct. I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r Dated: i? /.% z William Fer Collections Manager T x'78. rC) -?L A4? David D. Buell Prothonotary KirkS. Sohonage, ESQ Solicitor knee X Simpson 15` Deputy Prothonotary Irene E. Morrow 2nd Deputy (Prothonotary Office of the Prothonotary Cumberfand County, (Pennsylvania D9_wn CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30T' DAY OF OCTOBER, 2012, 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, DAVID D. BUELL PROTHONOTARY (717) 240-6195 • (Fax (717) 240-6573