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
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CC>Ml CINVVEALTH CF P[cNNS'yL`JANV,
COUN?r JF . _.>
AFFIDAVI°[ : rc-dy {;we iri tiff mY tot vc-U
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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
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07/30/04 10:13 FAX 717 778 9284 D.J.(09-3-02)
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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
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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
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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
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fil r_7
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C3 Return Receipt Fee
_a (Endorsement Required)
O (Enetlne1eemdenttlRequM?
pcetmark
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C3 Cerllfled Fee
C3
C3 Retum Re:lept Fee
(Endorsement Required)
C3 Reatncted Delivery Fee
rq (Endonemem Required)
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::. 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.
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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
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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
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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