Loading...
HomeMy WebLinkAbout10-6182COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 6, M069L (P °G/NT y JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 10- 616a C I Vi f -rem 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. ME OF APPELLANT I MAG. DIST. NO. OR NAME OF D.J. UL D, WAIT IzICK "D LINDA A WA ?r&l I cx ADDRESS OF APPELLANT CITY STATE ZIP CODE 110q RAAM VIVA AOF-, (4040fil" - - r / 70// ?-26 - IQ I DOAIWA 6A4Yf31LL- ----- vs. ?A III I- D, !+{1140?9ICKI ei-el CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR LT YEAR ;k0/0 30? rn? This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B If appellant was Claimant (see PA R.C.P.J.P. . 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. 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 UWA 6RA l AW L11 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. W801 _) within twenty (20) days after service of rule or s ffer ry of j f non pros. Signature of appellant or his attorney or agent RULE: To bt) AIA A & M )V I LL appellee(s) °- Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS 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. Date: c274 &? , Year White Prothonotary Copy Green Court File Copy Yellow - Appelant's Copy Pink Appellee Copy Gold D. J. Copy Proth. - 76 AFTER filing RULE ITOfFILE COMPLAINTTble boxes) PROOF OF SERVICE OF NOTICE OF APPEAL (This proof of service MUST BE FILED WITHIN TEN COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear or affirm that I served upon the District Justice designated therein on ? a copy of the Notice of Appeal, Common Pleas No. mail, sender's (date of service) , year by personal service Flby (certified) (registered) on receipt attached hereto, and upon the appellee, (name 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) whom the Rule was addressed on , year , ? by personal service [3by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Signature of official before whom affidavit was made Title of official #1d My commission expires on year bqVV1 4-T Q44V4T, T"•""8q hU-a ad 5r, " VINVA IASNN3d i co 'Z Wd LZ d3S 0101 ,8d 3ow 0311) Signature of AfBant COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-02 MDJ Name. Hon. BARBARA A. CLARE Address: 1901 STATE ST CAMP HILL, PA Telephone: (7 17 ) 761-0583 17011 ATTORNEY DEF PRIVATE SHATTO, DENNIS JAMES PO BO% 11847 119 LOCUST ST HARRISBURG, PA 17108-1847 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIPT RESIDENTIAL LEASE PLAINTIFF: - NAME and ADDRESS FGRAYBILL, DONNA 4 PARADISE RD DUNCANNON, PA 17020 L J VS. DEFENDANT: NAME and ADDRESS FWALTERICK, PAUL D, ET AL. 2004 LENOX ST CAMP HILL, PA 17011 L J Docket No.: LT-0000301-10 Date Filed: 8/05/10 * b,. IINTIiF' X? Judgment was entered for: (Name) GRAYBILL, DONNA Judgment was entered against WALTERICK, LINDA D in a Fx-l Landlord/Tenant action in the amount of $ 3,172.00 on 8/26/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 800.00. The total amount of the Security Deposit is $ 1,025.00 Total Amount Established byY MDJ Less Security Deposit Applied Rent in Arrears $ 3,D00.00 -$ .00= Physical Damages Leasehold Property $ .00-$ .00= Damages/Unjust Detention $ , _00-$ _ 00= Less Amt Due Defendant from Cross Complaint - Interest (if provided by lease) L/T'Judgment Amount F-1 Attachment Prohibited/ Judgment Costs 42 Pa.C.S. § 8127 Attorney Fees ? This case dismissed without prejudice. X? Possession granted. ? Possession granted if money judgment i ? Possession not granted. Total Judgment Post Judgment Credits Post Judgment Costs Certified Judgment Total Adjudicated Amount $ 3,000.00 $ .00 $ _00 $ .00 $ _no $ 3,000-00 $ 172.00 $ _00 $ 3,172.00 ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE.A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN TH.eJUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JU MENT DEBTORjPAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH T E JUDGMENT. ,- Date/ . , Magisterial District Judge rtI y at this is a true an correct copy o the record o the proceedings contaihina judgment. Date 49k agipt, i2gTistrict Judge My commission expires first Monday of January, 2011• SEAL AO PC 315A-08 COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT CouNTY OF: CUMBERLAND RESIDENTIAL LEASE PLAINTIFF: NAME and ADDRESS Mag. Dist. No.: 09-1-02 rGRAYBILL, DONNA 4 PARADISE RD MDJ Name. Hon:: BARBARA A. CLARE DUNCANNON, PA 170201, Acdress. 1901 STATE ST _I L_ CAMP HILL, PA " VS.. l r xy e, s 05 8 3 ? 17 011 : ): "7 E 1 / e h NAME and,APDRESS, DEFENDANT A?TERICX, „PAUL D,, ET AL ^ , , o ( ?e?eP V f . `2004 ?LENOX,.ST 'ATTORNEY DEF`-PRIVATE 'CAMP 'HILL, PA 17011 J SHATTO, DENNIS JAMES PO BOX 11847 DocketNo.: LT-0000301-10 119 LOCUST ST Date Filed: 8/05/10 HARRISBURG, PA 17108-1847 s THIS IS TO NOTIFY YOU THAT: Judgment FOR PLAINTIFF Judgment was entered for: (Name) GRAYBILL DONNA Judgment was entered against _ WALTERICR, PAUL D in a Landlord/Tenant action in the amount of $ 3,172.00 on 8/26/10 (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ 800.00. The total amount of the Security Deposit is $ 1,025.00 O0= Adjudicated Amount Total Amount Established b MDJ Less • Security Deposit Applied 3,000.00 00 = $ 00 Rennin Arrears $ ty $ ld P o eh -$ . 3 0 - 00 - $ • 00 = $ .0 per r o Physical Damages Leas 1 _S .00 o0= $ Damages/Unjust Detention S .00_ _ - ;.:' • . Less-Amt Due Defendant from Cross Complaint Interest (if provided _by cease) L/T Judgment Amount Attachment Prohibited/ ' Judgment Costs $ 172.00 ' 42 Pa C.S: § 8127 Attorney. Fees $ _ 00 ? This case dismissed without prejudice. Total Judgment $ 3,172.00 Possession granted Post Judgment Credits $ . Post Judgment Costs $ Certified Judgment Total $ ? Possession granted if money judgment is-not sa Is ie by time o eviction. ? Possession not granted. ? Defendants are jointly and severally liable. IN AN ACTION INVOLVING 'A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. No. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH,THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CI1/IL DIVISION. THE PARTY:FILIN.G AN APPEALAUST INCLUDE.A COPY OFTHIS.,NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE, OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE R, ULE$ OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT"IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NOFURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE _ -, UNLESS,T11E°JUDGMENT`1StNTERED IN THE C,OURTOF COMMON PLEAS; ANYONE INTERESTED IN Tt-lt?jfDGMENT MAY--FILE ,l,- AREQUEST FOR ENTRY ,OF SATISFACTION WITH THE MAGISTERIAL-DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS TN FULL SETTLES, OR O7HER`WISE COMPLIES WITH.T E JUDGMENT: Magisterial District Judge Date rtl that this is a true an correct copy o the record o the proceedings containing the judgment. Date My commission expires first Monday of January, 2011 SEAL .. ` , ru .. • ..- .-. Iti ..0 ..D ~ Postage $ , 44 ~ ~~'~, m Q' Certified Fee 2 ~ 80 ~ ~ ~~•~ .~ O O, ~ postmark "` O Return Receipt Fee y Here p~~, p (Endorsement Required) 2 , 30 v ~0 ~ Restricted Delivery Fee S P $ O (Endorsement Requred) t.f'1 ~ Total Postage & Fees $ rj ,jt) rt1 Sent To *~-' ,~. ~- - o .~'~ _~,... C1are_r---Ma+g..--Da.st,.--3tasta.oQ.----- Street, Apt. No.; ~ or Po eor No. 1901 State Str_e_ e_ t_ r`- --------------------------------------- ctry,sate, ziP+a Camp H~ YI ~ 131 - 171)1-1-------------------- ' ~~ ~~ (Domestic Mail Only; No Insurance Coverage Providec For delivery information visit our website at www.usps.com~ ~ ~ ~ ['~- Postage .44 $ m Certified Fee 2.80 ~j~~-~y~9,Q O ~ ~ /// \ ' P O R t R i /Postmark - ~ Q urn e ece pt Fee p (Endorsement Required) 2 , 30 , ( ere ~ Restricted Delivery Fee ~ (Endorsement Required) i\ Lf'I rlJ Total Postage & Fees , ~ GS'pS , rU - ' ~, enr ~RObert G. Radebach, Esquire ° ~ North River Road Po e~ 1 or r v c~'~~ifax PA 17032 PROOF SERVNCE=OF' NOTICE OF APPEAL AND RULE TO FILE COMPLAINT .(This proof of service MUST BE FILED WITHMI TEN (t0) DAYS AFTER filing the noti(ae ,of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF TaAUPHI~i ~ ss _ AFFIDAVIT: F hereby swear or affirm that 1 served ~ ~ ~,~~> 10 ' 12 ~~ ~CUt rXt a Dopy of the Notice of Appeal, C~nmon Pleas No. ~ pbn~the"District Jtrstioe designated therein od lJ .(date of service) ~ ~:~, year~~ ~ ~Q~O , ~'bY Pers~a1 service 1~,1~r E~rtifled) ) mail, sender's receipt attached hereto, and upon the appellee, (name . 170a l;~a,~il~, > Wit: G. 1~af3Ch, _Esg.~:x . cn ~'-Pr ~ , Y®ar X010 ^ by Personal service ~ by (certified) () mail, sender's receipt attached'here~. counsel for ® and further that I served. the Rule to File a Complaint accompanying;tlteabDve Notice of Appeal uporlf'the appefiee(s) to whom the Rule was addressed on September 28 ,year 2010 Q by personal service ~by (certified) .mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME 111tS ~7Ci7I~ DAY OF , YEAR ~~~ Q~«~ u+. ~~~~ ~~ ,4igrrafure o/ofNciMbe(a9 whore a111devR web made !~/61'!~-5/ !'~a~ie ~ ao,~ My commission .expires on ~ ~ ,year ~~ ~~ MIbAC ~ ,. r, ki ~~Q{ 1 ,. 3 U2nIl1S J. Stlatt0~ Esq. SlgrtaturaorAlNanr t7 C N o 0 C- ~ ~~ ~ m Nr ~ ~ ~o 3> ,ELF Z j "Q ~ C , S'` _ r-n ~ ~ *°1"" ~f`Y'~'R7.~'A!!l.RC~'RC'=.A'~-'.. `~.. c;, ~'...~#,AI'ats..., "~."~: ,~'-. r ~'+s.a ...>rr` .. ,;M. ~. , y....a > v COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS ~uM~~~~N~ ~©vvrY JUDICIAL DIS RIOT { i NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT I I COMMON PLEAS No. 14 , ~ ~ ea ~1 ~ v~' '~"~~f..m 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. ~~""E OF APPELLANT I MAG. DIST. NO.OR NAME OF D.J. Y~ UG D, h~i~ t ?"ER l~K Aro L /NDit ~. 1~/f1 LT~IQI C K ADDRESS OF APPELLANT CITY STATE ZIP CODE /l0~ ~Z~NA ~'/Ll~'4 ~~'E• ('~1M/~t/ILG ff /~d~~ DATE OF JUDGMENT IN THE ASE OF (PLAINTIFF) (DEFENDANT) ~, ZG ` /D vNN~I ER~+'~ ~L ~ ~s. J ~ v~ Ja. h~/~ c r~ ~rK ~t-~/ CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR LT YEAR ~ ~~V '~ 3 O j ~ _~ .. // 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 SUPERSEDERS to the Judgment for possession in this case... 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 RUL` E TO FILE (This section of form to be,used ONLY when appellant. wasr Q~FENDANT (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 ~IV/t/~ C R~4 ~'B/ ~ L , appellee(s), to file a complaint in this appeal Name of app(ellee(s) (Common Rleas No. ~~ - fin/ Qa )within twenty (20) days after service of rule ors ffer ry of j f non pros. C+~~ IT~rM Signature of appellant or his attorney or agent RULE; To ~ w~~ ~ A YB t L L , appellees) 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 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 W ILL BE ENTERED AGAINST YOU UPON PRAECIPE.. ' . :,. .; .. (3) The date of~Service of this rule if siervice was by mail is the date of the mailing. De2e:,'- t ~ ~~' ~~' ,Year r,2ht1~ ;:~ White - ``I?rothonotary Copy Green - Cyourf ails Copy - ' . Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 FILED-OFFICE y TIIL 1='i,C i IIOIdD1:.`;,,. : , DONNA GRAYBILL Plaintiff 2 0I0 OFF- 29 Ate 8: tj -,, CUMBERLAND COUP4 ",, I'Elrit'dSYLr' IIf A : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PAUL D. WALTERICK and LINDA D. WALTERICK : NO 10-6182 20 Defendant Civil Term 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 FILLING 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 JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA GRAYBILL Plaintiff v PAUL D. WALTERICK and LINDA D. WALTERICK Defendants : CIVIL ACTION - LAW : NO. 10-6182 CIVIL COMPLAINT 1. Plaintiff, DONNA GRAYBILL, is an adult individual residing at 4 Paradise Road, Duncannon, Pennsylvania. 2. Defendants Paul D. Walterick and LINDA D. WALTERICK, are adult individuals whose last known address is 2004 Lenox Street, Camp Hill, Pennsylvania 3. Plaintiff is the owner of a tract of land situate in Halifax Township, Dauphin County, Pennsylvania identified as Cumberland County UPI:01-20-1854-161, which premises are bounded and described as follows: ALL that certain lot or piece of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof, made by D.P. Raffensperger Associates, dated September 15, 1978, as follows: BEGINNING at an iron pin on the north side of Lenox Street at line of Lot No. 175; thence along said Lot No. 175, North four degrees zero minutes West eighty feet ( N. 04° 00'W. 80.0') to a point on the Southeast corner of Lot No. 145; thence along the line of Lots No. 144, 143 and 142, North eighty-six degrees zero minutes East ninety feet (N. 86 ° 00' E. 90.00') tp a point on the Southwest corner of Lot No. 141; thence along the line of Lot No. 179, South four degrees zero minutes East eighty feet S. 04° 00' E. 80.0') to an iron pin on the North side of Lenox Street; thence along the same, South eighty-six degrees zero minutes West ninety feet ( S. 86° 00'W. 90.0') to an iron pin at the point and place of BEGINNING. BEING LOTS NO. 176,177 and 178 on a plan of Lots known as Harrisburg Gardens as recorded in Cumberland County Plan Book 1, Page 86. HAVING thereon erected a one story brick dwelling known as No. 2004 Lenox Street. BEING the same premises which Mark K. Graybill et ux, by deed dated January 3, 1985 and recorded in Cumberland County Record Book C, Volume 31, Page 337, granted and conveyed unto Mark K. Graybill and Donna L. Graybill, his wife. Mark K. Graybill has since died, thereby vesting ownership in Donna Graybill, 4. On November 1, 2008, Plaintiff entered into a written lease agreement with the defendants for the premises for a term of one (1) year, with a monthly rental payment of $800.00. See Exhibit A, attached hereto, which is hereby made a part hereof. 5. Commencing in December 2009, defendants went into default in payment of rent for the subject property. 6. Plaintiff further avers that the Defendants failed to properly maintain the property as covenanted in the lease agreement. 7. Plaintiff avers that the defendants owe the following sums under the terms of the lease agreement: Unpaid Rent - December, 2009 - September, 2010 @ $800.00/Month $8000.00 Screen November 13, 2010Door repair $50.00 Trash Removal $400.00 Cleaning Gutters $50.00 Carpet Shampoo - 4 rooms and hall $150.00 Replacement filter for gas furnace $7.57 Total Claim $8,657.57 8. Plaintiff has discovered other matters requiring restoration which have yet to be completed which are estimated to cost the following : Shower Repair - Shower door removed Replace hardware for cupboards and drawers in kitchen Replace Medicine cabinet in bathroom Wallpaper repairs Oven cleaning Outside cleanup Total estimated repairs 9. Defendants surrendered possession of September 30, 2010. WHEREFORE, Plaintiff demands J amount of $9407.57 and all costs of suit. ises on or $25.00 $50.00 $150.00 $250.00 $25.00 $250.00 .00 nst the [dfendants in the Radebach, Esquire North River Road Halifax, PA 17032 717-896-2666 I.D. 19255 Attorney for Plaintiff I verify that the statements made in this Complaint are true and correct understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: November 13, 2010 Donna Graybill RESIDENTIAL LEASE BY THIS AGREEMENT made and entered into on l i( U.: b e r t ow- between ? j ' pet - 1 Al r i __r .cs ?7? nG C' ;'u b: 1 herein reterred to as Lessor. and L,,vJG c.<d1cr PQ,;i w4 ( cJ'lc k-- herein referred to as Lessee. Lessor leases to Lessee the premises situated at S? J C? in the Citv of CQ py N ; I 1 Countv of State of 15v, n t"c; , and more particularly described as follows: C•^^I ?ti V together with all appurtenances, for a term of l years. to commence on 14 C, ;C' ^ be ? I Year,. Z,oc ,? and to end on,,,,+bb42r 3 j .Z„gq year). at o'clock . M. 1. Rent. Lessee agrees to pay, without demand. to Lessor as rent for the demised premises the sum of _4, - l.[,,,,ru?iiq c? Dollars (S 8 00 X00 per month in advance on the -U day of / each calendar month beginning ^.1 --L-¢/L ?•?? -,earl, at P 2 City of State of ljy/wr0. • 00Z_0 . or at such other place as Lessor may designate. 2. Security Deposit. On execution of this lease. Lessee deposits with Lessor Dollars iS receipt of which is acknowledged by Lessor, as security for the faithful performance by Lessee of the terms hereof. to be returned to Lessee. without interest, on the full and faithful performance by him of the provisions hereof. 3. Quiet Enjoyment. Lessor covenants that on paving the rent and performing the covenants herein contained. Lessee shall peacefully and quietly have. hold. and enjoy the demised premises for the agreed term. 4. Use of Premises. The demised premises shall be used and occupied by Lessee exclusive]-, as a private single family residence, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business. profession. or trade of any kind. or for any purpose other than as a private single family residence. Lessee shall comply with all the sanitary laws, ordinances. rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and presen anon of the demised premises.. and the sidewalks connected thereto. during the term of this lease. 5. Number of Occupants. Lessee agrees that the demised premises shall he occupied by no more than ,{,td persons. consisting or. adults and children under the age of years, without the written consent of Lessor. 6. Condition of Premises. Lessee stipulates that he has examined the demised premises. including the grounds and all buildings and improvements. and that they are. at the time of this ]ease. in good order. repair. and a safe. clean, and tenantable condition. 7. Assignment and Subletting. Without the prior written consent of Lessor. Lessee shall not assign this lease. or sublet or grant any concession or license to use the premises or any pan thereof. A consent by Lessor to one assignment. subletting, concession. or license shall not be deemed to be a conse^< ir, <ubsequent assignment. subletting, concession. or license. An assignment, subletting. concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this lease. 8. Alterations and Improvements. Lessee shall make no alterations to the buildings on the demised premises or construct any building r,r make other improvements on the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property , shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease.Z - AcC kc , m ?L--o ?w( d. ?a •a.. ,S 9. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other T s no, casualty not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement of rent corresponding with the time during which, and the extent to which, the leased premises may have been untenantable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of his employee, family, agent, or visitor to the )0 J?? / extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 10. Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 11. Utilities. Lessee shall be responsible for arranging for and paying for all utility services required on the premises, except that 4 shall be provided by Lessor. 12. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and all building and improvements thereon. 13. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the house or on or about the leased premises in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without the prior written consent of Lessor. 14. Animals. Lessee shall keep no domestic or other animals on or about the leased premises without the written consent of Lessor. j2m4. dA l 15. Display of Signs. During the last .30 days of this lease, Lessor or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants. 16. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 17. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on days' written notice served by either Lessor or Lessee on the other party. 18. Surrender of Premises. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. 19. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. 20. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee, relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period realized by Lessor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 21. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. -305- 22. Radon Gas Disclosure. As required by law, (Landlord) (Seller) makes the following disclosure: "Radon Gas" is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to,persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in . Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. Lead Paint Clause. "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real estate is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspection in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase." 24. Other Terms: IN WITNESS WHEREOF, the parties have executed this lease the day and year first above written. 4"? .71_ IL?Ct,3?``Y /1-? Lessor Lessee e ,C??"")" ';L A 44 - - - - - lp?_ Lessor Lessee NOTICE State law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act or the applicable Landlord Tenant Statute or code of your state. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person. Contact your local county real estate board for additional forms that may be required to meet your specific needs. -306- 22. Radon Gas Disclosure, As required by law, (Landlord) (Seller) makes the following disclosure: "Radon Gas" is a na orally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in . Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. Lead Paint Clause. "Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real estate is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspection in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase." 24. Other Terms: IN WITNESS WHEREOF, the parties have executed this le the day and ear first above written. A? Lessor Lessor Lessee :i.1_ NOTICE State law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act or the applicable Landlord Tenant Statute or code of your state. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a lawyer or other qualified person. Contact your local county real estate board for additional forms that may be required to meet your specific needs -306- OF TO ARY NE PROTNON Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 CUPaB ?R N A T robradebachatty@aol.com P? Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA GRAYBILL Plaintiff v PAUL D. WALTERICK and LINDA D. WALTERICK Defendants CIVIL ACTION - LAW : NO. 10-6182 CIVIL CERTIFICATE OF SERVICE AND NOW, December 29, 2010, I, Robert G. Radebach, Esquire, Attorney for Plaintiff, hereby certify that I served a copy of the Complaint in the above-captioned matter upon Dennis J. Shatto, Esquire, Attorney for Defendants, on December 29, 2010, by depositing the same in the United States Mail, postage prepaid and via first class mail in the post office at Harrisburg, Pennsylvania, addressed as follows: Dennis J. Shatto, Esquire 119 Locust Street P.O. Box 11847 Harrisburg, PA 1710 -1 7 Robert G. Radebach, 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Plaintiff Esquire I° [ Dennis J. Shatto, Esquire Pa. Attorney ID 25675 Cleckner and Fearen 119 Locust Street P. O. Box 11847 Harr;sburg, PA 17108-1847 dennisshatto!a)hotmail com Attorneys for Defendants 2011 xrE??? „, n DONNA GRAYBILL, Plaintiff VS. PAUL D. WALTERICK and LINDA D. WALTERICK, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 10-6182 Civil Term NOTICE TO PLEAD TO: DONNA GRAYBILL c/o Robert G. Radabaugh, Esquire 912 North River Road Halifax, PA 17032 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. CLECKNER AND FEAREN 1 Date: By Dennis J. Shatto, Esquire Attorney I.D. No. 25675 Attorneys for Defendants Dennis J. Shatto, Esquire Pa. Attorney ID 25675 Cleckner and Fearen 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 dennisshatto!a&hotmail com Attorneys for Defendants DONNA GRAYBILL, Plaintiff vs. PAUL D. WALTERICK and LINDA D. WALTERICK, Defendants 1. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 10-6182 Civil Term ANSWER TO COMPLAINT WITH NEW MATTER 2. Denied. Defendants reside at 1104 Rana Villa Avenue, Camp Hill, Pennsylvania, 17011. 3. Admitted in part and denied in part. It is admitted that Plaintiff owns real estate and improvements known as 2004 Lenox Street, Camp Hill, Cumberland County, Pennsylvania. It is denied that the property is situate in Halifax Township, Dauphin County. 4. It is admitted that Plaintiff and Defendant executed the document attached to the Complaint and marked Exhibit A. The document speaks for itself. 5. Denied. It is denied that Defendants went into default in payment of rent in December of 2009. On the contrary, in February 2010, Defendants stopped paying rent because Plaintiff breached the implied warranty of habitability. 6. Denied. It is denied that Defendants failed to properly maintain the property in accordance with the lease. 7. Denied. It is denied that Defendants owe the sum itemized in paragraph 7. Rent was paid for December, 2009, and January, 2010, and was not owed thereafter because Plaintiff breached the implied warranty of habitability. The screen door was broken when Defendants moved into the property. The carpeting was completely worn out. Defendant were not obligated to replace the filter in the gas furnace. Any remaining averments are denied on the basis that after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded. 8. Denied. It is denied that Defendants are responsible for the repairs itemized in paragraph 8. Plaintiff took possession a day early, or the shower door would have been reinstalled. The hardware for cupboards and drawers in the kitchen was missing when Defendants took possession. The medicine cabinet in the bathroom was worn out and needed replacement before Defendants took possession. The wallpaper came loose as the result of normal wear and tear. Any remaining items are denied on the basis that after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments, and proof is demanded. 9. Denied. Plaintiff took possession of the subject premises on November 29, 2010, a day earlier than agreed upon between the parties. -2- NEW MATTER 10. Defendants replaced a toilet, at their cost, and request a setoff of the cost thereof ($130.00) and the reasonable value of labor for installation and for other repairs against any amount to which Plaintiff may be determined to be entitled to recover. 11. Plaintiff breached the implied warranty of habitability by failing or refusing, after notice, to repair a chronic drainage problem resulting in water in the basement, at times to a depth of six inches, mold on the basement walls, leaking in the garage roof, and termite damage in the bathroom. 12. Plaintiff initially verbally agreed to allow Defendants to undertake repairs of the conditions described in the immediately preceding paragraph and other repairs and to offset the cost of materials against rent, but then reneged on the agreement and demanded full payment of rent. 13. Defendants paid rent through January 31, 2010, and notified Plaintiff by letter dated February 4, 2010, that no further rent would be paid until the necessary repairs were completed. WHEREFORE, Defendants demand judgment in their favor. Respectfully submitted, CLECKNER AND FEAREN By Z-A - Dennis J. Shatto, Esquire PA Attorney ID 25675 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 Dated: 717-238-1731 Attorneys for Defendants -3- We verify that the statements made in this Answer to Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. PAUL D. WALTERICK, JR. ?J LINDA D. WALTERICK Dated: January 21, 2011 CERTIFICATE OF SERVICE; I, DENNIS J. SHATTO, hereby certify that on this day, I served a true and correct copy of the foregoing Answer to Complaint and New Matter upon the person(s) indicated below, by depositing same in the United States mail, first class postage prepaid, addressed as follows: Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 (Attorney for Plaintif)) CLECKNE N By Dennis J. Shatto, Esquire PA Attorney ID 25675 119 Locust Street Date: P. O. Box 11847 Harrisburg, PA 17108-1847 (717)238-1731 Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Plaintiff i,...t? lei S 9 T( t` T) ? ? ' of ? 2,011 MAP, -1 AM to?i.J S`r3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA GRAYBILL Plaintiff : CIVIL ACTION - LAW v PAUL D. WALTERICK and LINDA D. WALTERICK : NO. 10-6182 CIVIL Defendants PLAINTIFF'S RESPONSE TO DEFENDANTS' ANSWER WITH NEW MATTER 10. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment, and strict proof of the averment is hereby demanded. 11. Denied. On the contrary, Plaintiff avers that chronic drainage problems for the property were solely the result of failure by the Defendants to properly clean and maintain the gutters and down-spouts at the subject property as set forth in the Lease Agreement. Plaintiff further avers that since the Defendants have vacated the property the gutters have been cleaned by the Plaintiff, and there has been no water drainage problems, mold or leakage into the dwelling house. Strict proof of the averment is hereby demanded. 12. Denied. While Plaintiff had agreed that Defendants might make some repairs to the property, Plaintiff was unaware of the cause of the water problems which have been discovered to have existed by virtue of the failure of the Defendants to properly maintain the gutters and down-spouts. Plaintiff avers that had proper maintenance been performed by the Defendants, there would have been no need for the repairs. 13. Denied. On the contrary, Plaintiff avers that the rent was not paid as set forth in the Complaint in this matter. Strict proof of the averment is hereby demanded. WHEREFORE, Plaintiff demands Judgment in the amount of $9,407.57 and all costs of suit. Date: February _11 2011 Rdbert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Plaintiff Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA GRAYBILL Plaintiff V PAUL D. WALTERICK and LINDA D. WALTERICK Defendants CIVIL ACTION - LAW : NO. 10-6182 CIVIL VERIFICATION I verify that the statements made in this Plaintiff's Response to Defendants' Answer with New Matter are true and correct. 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. Date: - ' -- f Donna Graybill „' Y; F'i,0 i?OtdOTA Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 2011 MAR -3 AM 11- 8 717-896-2666 robradebachatty@aol.com CUMBERLAND Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA GRAYBILL Plaintiff : CIVIL ACTION - LAW v PAUL D. WALTERICK and LINDA D. WALTERICK : NO. 10-6182 CIVIL Defendants CERTIFICATE OF SERVICE AND NOW, March 2, 2011, I, Robert G. Radebach, Esquire, Attorney for Plaintiff, hereby certify that I served a copy of Plaintiffs Response to Defendants' Answer with New Matter in the above-captioned matter upon Dennis J. Shatto, Esquire, Attorney for Defendants, on March 2, 2011, by depositing the same in the United States Mail, postage prepaid in the post office at Harrisburg, Pennsylvania, addressed as follows: Dennis J. Shatto, Esquire 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-18,k Rdbe."R9ddbach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Plaintiff DavidD. Buel - Prothonotary Office of the Prothonotary Cum6erfancf County, Pennsylvania r&S. Sofionage, 'E SQ Solicitor %to -L/S2._.„. CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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 One Courthouse Square 0 Suite100 ®CarCi Ce, TA 0 (Phone 717 240-6195 0 'Fax 717 240-6573