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HomeMy WebLinkAbout04-3765COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O'Ll - 3-45 ,, yi NOTICE OF APPEAL AuAtk4 3 a00y Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment ren red by the District Justice on the date and in the case referenced below. NAME OF PpELLANT /?vJ MAO. DIST. NO. NAME OF D.J. ill) / I0,(1?ir1 Ill P 3 LJaZ I ???n ? Cfijw/en ?e/`?'r ADDR SOF APPELLANT / CITY STATE ZIP CODE GATE O JU MENT I T CASE OF (PlaM DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AtEft LT- 00000 90 - o ?'?? ?' /? This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. Sgnalumof Prothoi agar Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see P&R.C.P.D.J. 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 q; -x e // appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. n ?- 31(a$r.i , I I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. / Signature 'appeltant or attorney or agent RULE: To !'I/X L° appellees) Name of appelleels) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. J/?/y/},j/ ! Date: k a , 20 Oy - " j '?` stgnam t,otely of Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTI TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312.02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT {rhr.;r;ocfccfsvmcl-OUS7BE FJLL=t1Wi?H?RrTENP 107D/, YS AF FRffGnu,cryJa,-avtrcc*a?+r?e? CC>Ml CINVVEALTH CF P[cNNS'yL`JANV, COUN?r JF . _.> AFFIDAVI°[ : rc-dy {;we iri tiff mY tot vc-U r'- i a copy of °he No:lce of Apr,eai, Cwnrmm lcas- clo upon 4he rst ht Just ce aos dndtcd ??erem nr. ;date of service; , 20 by personal servtcF c?.? t t n tit.u;i {;egtatule-ti, mau. e,r n!e r e:;cal,u, Aiached tic eta: and upon ike ap e ne, (ntamr i w personai sei vice t . ' y Icertif.ea) tregiefpred] mail. (SWORN) (AFFIRMED) AND SUBSCRIBED BFFORE. MC THIS DAY OF . 2r^ - Signr3?Ute c7z`bart signafwe ofofffcmi before whon'? a(fitftav!t was made 7t-le of o97eel My commission expires cri . 10 c .. Ct" M Y N z U.1i' Q CU L M- N ? Q AC Pf -''12A - fFz 07/30/04 10:13 FAX 717 778 9284 D.J.(09-3-02) 001 0Y 37ro5-(_1 ,,,r/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF. CM4T.,"T.Atan Ma, Dim. Nm: 09-3-02 DJ Nanna! Han. HBLBN B. SBULENBI Aa°reas. P.O. BOX 155 27 W. BIG SPRING NENVILLE, PA resphOha: (717 ) 776-3187 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME r>KTYUT.T., GARY J 19 CRESRVIEW RD NMJVILLE, PA 17241 AVENUE I_ VS. J DEFENDANT: NAMEaWADDRESS 17241 rROPPTN, ROBIN 1 76 N. CORPORATION STREET NERVILLE, PA 17241 3MT' B. SEULENBE RGER P.O. BO%. 155 L DocketNo.: LT-0000090-04 J 27 W. BIG SPRING AVENUE I Date Filed: 7/06/04 0* NEWVILLE, PA 17241 4 THIS IS -TO NOTIFY )bU THAT: Judgment: FOR PLATNTTFF ® Judgment was entered for (Name) MT LL, GARY J Judgment was entered against NOPPIN, ROBIN in a X Landlord/Tenant action in the amount of $ 6.255-63 on 7/21/04 (Date of J udgment) The amount of rent per month, as established by the District Justice, is $ .00, The total amount of the Security Deposit is $ .00 Total Amount Establish d {??tpJ less -Security Deposit ApRli d 00- ? 1Z4 R t i U? _ A = Adjudioat?d Amount en rrears $ n $ . • . $ b,124.U0 Physical Damages Leasehold Property S .00- $ .00 $ .00 Damages/Unjust Detention $ -00 -1 -no $ On Less Amt Due Defendant from Cross Complaint - $ .00 Interest (if provided by lease) $ On Attachment Prohibited/ LIT Judgment Amount Judgment Costs $ 6.124 . n n 42 PELC-S. § 0127 Attorney Fees $ 131. 6 -J This case dismissed without prejudice. Total Judgment $ A n nn 6,255.63 FX Possession granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total $ ? Possession granted if money judgment is not satlst,ec oy time of 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 1S FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 20 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 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. ! ?i 1 District Justice I I certl t at this a true and correct copy of the record of a proceedings containing the Judgment. Il Date , District Justicel MX commission expires first Monday of January, 2006. SEAL AO 0 315A-p3 r? N C'?1 '? r ?` ?? < n ? _? ?_ 'I? t`,` " '?? r? -r? -? ? C; .? Gary J. Mixell : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NOCAU TERM Robin B. Moppin, Ocl 365 Defendant : Landlord/Tenant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Robin B. Moppin Defendant, to proceed in forma tau eris. I, Geoffrey M. Biringer, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. MIDPENN LEGAL SERVICES BY: B ?mil ey f Geoffrey M. . Bi-ringe4, Attorney for 4"P intiff 8 Irvine Row Carlisle, PA 17013 (717)243-9400 ID#18040 -' ':? ` - `C ' , ' J l.. _ t'i -i' _ ` -r+ ' `.?-?ri ... i,;, ?n _ ?n ?? COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND No.: 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER Address: P.O. BOX 155 27 W. BIG SPRING AVENUE NENVILLE, PA Telephone: (717 ) 776-3187 17241 COMMON PLEAS NOTIFICATION PLAINTIFF: REQUEST FORM rMIXELL GARY J NAME and ADDRESS 19 CREEKVIEW RD NEWVILLE, PA 17241 L VS. J DEFENDANT: NAME and ADDRESS FROPPI:N, ROBIN 76 N. CORPORATION STREET NEWVI:LLE, PA 17241 HELEN B. SHULENBERGER L J P.O. BOX 155 DocketlNo.: LT-0000090-04 27 W. BIG SPRING AVENUE Date Filed: 7/06/04 NEWVILLE, PA 17241 Q_ Disposition Date: 7/21/04 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT FA PPEAL Common Pleas Judge CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as the district justice judgment. DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. DISTRICT JUSTICE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or improper venue. - WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 7296-98 DATE PRINTED: 8/05/04 9:27:37 AN COMMONWEALTH OF PENNSYLVANIA - (:r)l InITV r1F- 09-3-02 DJ Name: Hon. HELEN B. SHULENBERGER Address: P.O. 'BOX 155 27 W. BIG SPRING AVENUE NENVILLE, PA 17241 Telephone: (717) 776 - 3187 LANDLORD AND TENANT COMPLAINT PLAINTIFF: NAME and@DDRESS vs. DEFENDI\NT: NAME and ADDRESS Docket No.: L 1 ?a pc? Date Filed: Amount TO THE DEFENDANT: The above named plaintiff asks judgment together with costs against you for the possession of real property and for: Lease is?Residential 1-1 Nonresidential. Damages for injury to the real property, to wit: Filing Costs $ Service Costs $ Total $ iy8 SD DaWal -7 6 /ay ? Damages for the unjust detention of the real property in the amount of ?? SJ a JU ? Rent remaining due and unpaid on filing date in the amount of $ 02 Tw ? And additional rent remaining due and unpaid on hearing date $ THE PLAINTIFF FURTHER ALLEGES THAT: z?0olos' Total: $ 6 / y' 1. The location and the address, if any, of the real property is: '114) ? at rr 2. The plaintiff is the landlord of that property. 3. He leased or rented the property to you or to under whom you claim. 4. ctice to quit was given in accordance with law, or ? No notice is required under the terms of the lease. 5 The term for which the property was leased or rented is fully ended, or A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: ? Rent reserved and due has, upon demand, remained unsatisfied. or, 6. Yoou? retain the real property and refuse to give up its possession. I, -?S- < z Xt \ 1 verify that the facts set forth in this complaint are true and corr the best of my knowledge, information and belief. This,s{aJement is made subj to the penalties of Section 4904 of the Crimes Code (18 PA. C. S. § 4904) relating nswo faificatio authorities. IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the district justice jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a complaint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARING, a judgment for possession and costs, and for damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION from the premises. If you aredisabled and require assistance, please contact the Magisterial District office at the summary C A?M4'Xl"I',N?`"'' TM'w?!???.1?v#r?CI??? CYlURT ?'Tt II00'P,EA$ NOTICE OF APPEAL Judit:lal Digttidt, County Of FROM DISTRICT JUSTICE JUDGMENT , 1 ? P U P 1 V 4 ? 4_0 7 Notice 1s 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 referenced below, NAME OF AP ELI ANT MAG: GIST NO NAIVE OF D.J. z k-11 r, ADDRESS OF A P? T CITY { STATE ZIP CODE DATET JUDGMENT THE CASE 4 ( OWJ l (De/endanl) * T? ; J/p•° ,7"'.., -?' I" `!'?` 1? ??'??' .?` K;` ? "vs °!' b"° Vim' ? '?` i J $IGNATIIRE OF APPELLANTOR TIUKd VORAGe ST d ,.+This block Will bA'signed QNLV when this notation is required under Pa if`appeilant was claimant' (see Pa. R.C.P,D.J. No. 1001(6) in action R.C.P?D.J. No. 10088. This Nofide of Appeal, when received by theDistrict Justice, will operate as a before a District Justice, :A COMPLAINT MUST BE FILED within twenty $UPEtSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgneewt d/MW PhofaN brDepN'y hJ C1 1:^ =n J G :- _ . fil r_7 ' -7 ? . 1 I C3 Return Receipt Fee _a (Endorsement Required) O (Enetlne1eemdenttlRequM? pcetmark ' ?q Ilene ea C3 Cerllfled Fee C3 C3 Retum Re:lept Fee (Endorsement Required) C3 Reatncted Delivery Fee rq (Endonemem Required) m rM. a .. •, a ?... ::. F APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal Check applicable boxes-) COMMONWEALTH_gk PEN SYLVANIA COUNTY OF ; as AFFIDAVIT: I hereby (swear) (affirm) that I served ,y/,J 7A-4* a copy of the Notice of Appeal, Common Pleas No. ,upon the District Justice designated therein on r (dam) Py D? , ZpD/ ? by personal service by (cer tified) mail, (dale of service 7 sender's receipt attached hereto, and upon the appellee, (name). &?vi _ '. or 20 0?._. ? by personal service ?'by (certified) {reAWte0+01 mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of official be/ore whom at@davrl was made Wahine of atlient I verify that the statements made in this Affidavit are true rneorofflaalcorrect, I understand that false statements herein are made MycommissBipeAic0FettoXo the pena?pties,of 18 P.S. Section 4904, relating tc unsworn falsification to authorities. ra° c J and L -C3 N `bSJ AOPC 312A - 02 U.s. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail only; No insurance coverage Provided) TH OF COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Q'' I - 3?6}' ?, r NOTICE OF APPEAL /t'? U 'It 00 y Notice is given that the appellant has fled in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. \.y/-yo -z/.Z//1Jy &0/- . j /"/;x CKET N , GT-ooaoo This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. vs SIGNATURE OF APPELLANT OR Al If appellant was Claims xzA w ... - • ?.?. no. 7UU7(b) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. ---------------- Sgnafure of PrWhonofarywDeputy ? - PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ixell Name of appellee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. C{ ?'/ r 9 atu?t atattomey or agent RULE: To 0 c appellee(s) Name of appellees) (1) You are notified.that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by persolhal service O'r'byr certified or registered mail. (2) If you dQnobfile a complaint witklm " time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service ofjhs rdle if service Was by mail is the date of the mailing. Date: 4?q 120 ? opt. -, , -', Signature of P, t notary or Deputy YOU MUST IN66,1#13g;A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 14/ VI-4r.-IL-00f COURT FILE GARY J. MIXELL, Plaintiff VS ROBIN MOPPIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2004-3765 CIVIL NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 claimor relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Bar Association Lawyer Referral Service 100 South Street P O Box 186 Harrisburg PA 17108 Telephone: 1-800-692-7375 or(717)238-6715 By: 0 Sally J. W' der Attorney for Plaintiff 9974 Molly Pitcher Hwy. Shippenshurg, PA 17257 Tel. (717) 532-9476 GARY J. MIXELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS : CIVIL ACTION - LAW ROBIN MOPPIN, : NO. 2004-3765 CIVIL Defendant COMPLAINT 1. Plaintiff is Gary J. Mixell. Plaintiff's mailing address is Newville, Cumberland County, Pennsylvania. 19 Creekview Road, 2. Defendant is Robin Moppin. Defendant's mailing address is 76 North Corporation Street, Newville, Cumberland County, Pennsylvania. 3. The location and the address of the real property possession of which is sought to be recovered is 76 North Corporation Street, Newville, Cumberland County, Pennsylvania (hereinafter "the property,,). 4. Plaintiff leased the property to defendant on a five month lease which commenced on or about February 1, 2004. The lease contained no option to renew. 5. Notice to remove from the property was given by plaintiff to defendant in accordance with law. 6. The term for which the property was leased is fully ended. 7. A forfeiture has resulted by reason of a breach of the conditions of the lease, to- wit: (a) defendant has failed and refused to pay the monthly rental of $350 per month; (b) defendant has caused extensive damage to the property during her tenancy; (c) defendant has failed to timely pay municipal charges for water and sewer service to the property. 8. Defendant retains the property and refuses to i Property. gve up possession of the 9. Rent and late charges due and owing as of the date of filing this $3871.00. complaint total . The amount Of cabinets,Osinks and windowss)totals $2302. 0 to the property (flooring, sub-flooring, 11. Municipal charges for water and sewer service unpaid by defendant as of the date of filing this complaint total $519.00. 12. Additional rent in the amount of $350.00 per month will accrue during the pendency of this civil action. WHEREFORE, plaintiff requests the Court to order defendant to give up possession of the property to plaintiff and to enter judgment in favor of plaintiff and against defendant in the amount of $7692.00 plus additional'. rent which will accrue during the pendency of this civil action plus costs of suit. The total amount of monetary damages claimed does not exceed the jurisdictional amount requiring referral to compulsory by local rule. Sally der Attorney, for Plaintiff, Gary J. Mixell 9974 M011y Pitcher Highway Shippensburg, PA 17257 Tel. (717) 532-9476 VERIFICATION The facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. Gary J. x , Plaintiff N O t J? _TD T cn w Curtis R. Long Prothonotary (Offtce of the Protbonotarp Curnberla ub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 6'4 - ?Na S 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