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HomeMy WebLinkAbout11-3221COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No./ ? '- 3aZ-oZ Chi 1 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 District Justice on the date and in the case referenced below. ti t J?l/?` I ,?ri _7-0( This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. N Iv""/ clC I/- la .x sp wh" o/PM ftnobry or D.puy No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Ning the 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.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 Prothonotarv Enter rule t (Common F RULE: To (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., Date: 3 , 20 Slgnatun o/ProMonotery or peputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERA OF NOTICE OF 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 OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of afhant Signature of official before whom affidavit was made Title of official My commission expires on 20 Cr 01 lilt 2<t A tat V JQL ls. G3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Thomas A. Placey Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Independence Antiquebrick Company C/O Matt Haak 78 E. Main Street New Kingstown, PA 17072 Docket No: MJ-09304-CV-0000638-2010 Case Filed: 10/6/2010 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304-CV-0000638-2010 Jon M Beaulieu Sr. Independence Antiquebrick Default Judgment for Plaintiff 03/15/2011 Company Judgment Summary Joint/Several Liability Individual Liability Amount Participant Independence Antiquebrick Company $0.00 $1,696.60 $1,696.60 Judgment Detail ("PostJudgment) In the matter of Jon M Beaulieu Sr. vs. Independence Antiquebrick Company on 3/15/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $1,606.10 $1,606.10 Filing Fees $0.00 $84.50 Costs $0.00 $6.00 $6 $$6.50 .00 Grand Total: $1,696.60 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR 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 THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. } Date Notice of Judgment/Transcript Civil Case Jon M Beaulieu Sr. V. Independence Antiquebrick Company Magisterial District Judge Thomas A. Placey t ?, mkt yN iw llkJ .47I certify that this is a true and correct copy s c of tt`?e rgcoic o 'Gphe procee i?gs-eontanfffft'Fie tu"' dgm t"'"" f? 1( Date Magisterial District ,udg Thomas A. Placey LJ J° 13 o Page 1 of 1 Printed: 03/15/2011 11:13:35AM Postal CERTIFIED MAI L,, , RE CEIPT s Ln (Domestic Mail Only; No I . nsurance Coverage Provided) s Ln For delivery information visit our websit e at www.usps.com, M rq ru Postage $ f' y Certified Fee Postma 0 Return Receipt Fee d N more ) (Endorsement Require ? Sr Restricted Delivery Fee $ ..I!!! r` C.` ?? Q (Endorsement Requred) t rw, e a Fees l Posta T t $ M g o a SRC Q Sent To 1 ------------ O Street, Apt. No.; ----- - -------------------------- -------- r'- or PO Box No. 77- -? T Cn):,Smrer?tg`4 . / d if /L 4 aci r c w S PROOF OF SERWE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAIN (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check appliCD -0 cable-Ooxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF "AjOt j'/4A-4 ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas . JTA , upon the District Justice designated therein on (date of service) 2-7 20-1 ? by personal service U1 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) 4 C- 0-444) / ,e q on 3 z 20? ? by personal service ail. sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS a3r+a__ DA`f Or -? 20?_. ?z Signature of +af before whr5 afhdaGR w ade Title of of oral My commission expires on 20 w IMMi?ilrALI N Si ature of aKan UK UP F t:NNSTLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT ' I COMMON PLEAS No. '" i' y 1s t NOTICE OF APPEAL Notice is given that the appellant has flied 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. J r _-7-0(f ADDRESS OF APPEL /TE p DATE OF JUDGMENT IN T OF ( ' : t J C ?' I a c;" 4 DOCKET No. SIGNI4 OF' ATTORNEY OR AGENT 4 x4 This block will be signed ONLY when this rotation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. spot" of pFOt molwy or Dop* before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tilling the 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.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 l A appel ee(s), to file a complaint in this appeal (Common Pleas No. M- i ?/r ) within twenty (20) days after service of rule or a try`Cf jUdgm on pros. >mllimey RULE: To Le q, (s) . Name a1 f M m „ ,^ .?1?r?O?. (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal 1 of this rule upon you by personal service or by certified or registered mail. (2) If you do riot'flfe a, complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of §dfarim of-this rule if service was by mail is the date of the mailing. - ° - ? 1 Date: zo r1, of a DePdY ?i YOU MUtr INCLiUDE A COPY OF THE NOTICE OF JummENT/TRAgSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD COPY TO BE SERVED ON DISTRICT JUSTICE M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division INDEPENDENCE ANTIQUE BRICK, BRICK COMPANY, Appellant/Defendant, vs. JON M. BEAULIEU, SR., Appelle/Plaintiff. No. 11-3221 Civil PRAECIPE FOR ENTRY OF APPEARANCE C O `T7 zrn -0 r ? cnyr da o .Cc3 --+ x-n o r o m Filed on behalf of Appellant, Independence Antique Brick Company Counsel of Record for This Party: TUCKER ARENSBERG, P.C. Anthony J. Foschi PA I.D. No. 55895 Christopher E. Fisher PA I . D. No. 201395 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: 717-234-4121 Facsimile: 717-232-6802 ir IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Division INDEPENDENCE ANTIQUE BRICK, BRICK COMPANY, Appellant/Defendant, vs. JON M. BEAULIEU, SR., Appellee/Plaintiff : No. 11-3221 Civil PRAECIPE FOR ENTRY OF APPEARANCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Anthony J. Foschi, Christopher E. Fisher and Tucker Arensberg, P.C. on behalf of the Appellant, Independence Antique Brick Company. Respectfully submitted, TUCKER ARENSBERG, P.C. Dated: Ov 'Zo /Z/-/ ony J. Foschi A I.D. No. 55895 Christopher E. Fisher PA I.D. No. 201395 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Appellant, Independence Antique Brick Company 2 i CERTIFICATE OF SERVICE AND NOW, this 1St day of April, 2011, I, Christopher E. Fisher, of the law firm, Tucker Arensberg, P.C., attorneys for Appellant, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jon M. Beaulieu, Sr. 7 Bayberry Road Carlisle, PA 17013 topher E. Fisher H BGDB:118716-1 026651-149869 3 IN THE COURT OF COMMON PLEAS OF c C` CUMBERLAND COUNTY, PENNSYLVANIA -o .,? Civil Division a) a• -vrni A i INDEPENDENCE ANTIQUE BRICK, -< E--? ) --?Q BRICK COMPANY, 3>° =C 3-n Vi c, CDC) Appellant/Defendant, No. 11-3221 Civil CD vs. JON M. BEAULIEU, SR., Appelle/Plaintiff SUPPLEMENTAL AFFIDAVIT OF SERVICE FOR JUDGE PLACEY Filed on behalf of Appellant, Independence Antique Brick Company Counsel of Record for This Party: TUCKER ARENSBERG, P.C. Anthony J. Foschi PA I.D. No. 55895 Christopher E. Fisher PA I.D. No. 201395 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Telephone: 717-234-4121 Facsimile: 717-232-6802 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.11-3221, upon the Magisterial District Judge designated therein on (date of service) March 31, 2011, ? by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ?by personal service? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMEQ) AND SUBSCRIBED'BEFORE ME THIS L§f DAY OF ff 20 t 1. Signature of official b re whom affidavit was made ?VWV4, ?& Title of official My commission expires on i-q- 2011 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dawn T. Hellman, Notary Public City of Harrisburg, Dauphin County My Commission Expires Sept. 4, 2013 Member, Pennsvlvanla A.-.lotion of Notaries AOPC 312A - 05 O 0 rq IU M1 M1 O Er riJ 0 O C3 O 117 M d Ln 0 C3 M1 Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) gnature of afl9ant Christopher E. Fisher Counsel for Appellant, Independence Antique Brick Co. CERTIFICATE OF SERVICE AND NOW, this 1St day of April, 2011, I, Christopher E. Fisher, of the law firm, Tucker Arensberg, P.C., attorneys for Appellant, hereby certify that I have this day served the within document by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Jon M. Beaulieu, Sr. 7 Bayberry Road Carlisle, PA 17013 stopher E. Fisher HBGDB:118744-1 026661-149869 3 l COMPLAINT 1(a). IMPLIED CONTRACT MADE: STATEMENT OF FACTS and BACKGROUND On August 24, 2010, Plaintiff sought an estimate for 6-inch Liberty Stone retaining wall corner block (corner block), from Defendant, proprietor of Independence Antique Brick Co. (IAB) located at 78 E. Main Street in New Kingston, Pennsylvania. I JON M. BEAULIEU, PLAINTIFF V. MATT HAAK, PROPRIETOR INDEPENDENCE ANTIQUE BRICK, DEFENDANT COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF COUNTY OF CUMBERLAND, CIVIL DIVISION -n av =M Xv. X No: 11-3221 CIVIL q° COMPLAINT - CIVIL DIVISION>: m , t JON M. BEAULIEU 7 BAYBERRY ROAD CARLISLE, PENNSYLVANIA 17013 717-254-1951 MATT HARK, PROPRIETOR INDEPENDENCE ANTIQUE BRICK CO. 78 E. MAIN STREET - P.O. Box 433 NEW KINGSTON, PENNSYLVANIA 17072 717-591-1200 2. On August 24, 2010, during that same meeting, Defendant offered a handwritten estimate, freely given to and received by Plaintiff, for the corner block at a price of $9.50 each. 3. On August 24, 2010, during that same meeting, as part of the estimate, Defendant verbally confirmed an estimated delivery date of a week to ten days from date of order. 4. On August 26, 2010, Plaintiff returned to IAB to place an order for corner blocks. A worker at IAB, Roberto Ruiz (Ruiz), said the price on the estimate did not look right and he needed to confirm it with Defendant before placing the order with the supplier, Liberty Stone. 5. Later on August 26, 2010, Defendant called Plaintiff directly and said that: 1) Plaintiff should place the order for the corner block with Ruiz in Defendant's absence; and 2) that the price written on the estimate by Defendant, himself, was the price that would be honored. 6. On August 27, 2010, Plaintiff returned to IAB and placed an order for 73 corner blocks, with Ruiz, at a total cost of $735.11, with Plaintiff giving Ruiz a $350.00 down-payment check payable to "Matt Haak." 7. Ruiz added to Defendant's handwritten estimate the following annotations: 1) a 73" and circled it by the corner block; and 2) that a $350.00 down-payment was received by Ruiz. I(b). IMPLIED CONTRACT ACCEPTED: STATEMENT OF FACTS and BACKGROUND 8. The preceding paragraphs are incorporated by reference as though set forth here in their entirety. 9. On August 27, 2010, Defendant cashed Plaintiff's $350.00 down-payment check. 10. By conduct, Defendant closed the implied contract loop, namely Defendant freely offering an estimate on products and services, Plaintiff accepting the terms of the offer by making a down-payment on said products and services, and Defendant cashing the down-payment check, thereby accepting the terms of the implied contract Defendant, himself, initiated. 11. MISREPRESENTATION, DECEPTIVE ACTS and FRAUD 11. The preceding paragraphs are incorporated by reference as though set forth here in their entirety. 12. From September 3 to September 14, 2010, Plaintiff made 16 calls to Defendant inquiring about the order status; with an additional 3 return calls initiated by Defendant to Plaintiff. 13. During the multiple phone calls Defendant or his secretary: 1) repeatedly confirmed the corner block order had been placed by Defendant with the supplier, Liberty Stone; 2) gave multiple explanations as to why the order was not yet in; and 3) offered Plaintiff repeated assurances that Defendant was working diligently toward fulfilling the order. 14. On September 14, 2010, Plaintiff went to Carlisle Cement to secure shipping of Plaintiffs ordered corner block from Defendant by "piggybacking," or consolidating, Plaintiffs IAB order with any potential orders Carlisle Cement had from a common supplier, Liberty Stone. 15. Later on September 14, 2010, after securing the "piggyback" shipment method from Carlisle Cement, Plaintiff went to Defendant's place of business, IAB, to: 1) re-confirm Plaintiffs order directly with Defendant; and 2) make sure that Defendant was aware Carlisle Cement was waiting for Defendant's call to confirm the "piggybacked" shipment. III. NON-DELIVERY and BREACH OF CONTRACT 16. The preceding paragraphs are incorporated by reference as though set forth here in their entirety. 17. On September 16, 2010 Plaintiff received a check mailed from Defendant in the amount of $300.00 without any note as to: 1) why Defendant was failing to make delivery on the contract; 2) why the breach of contract was occurring; or 3) why Defendant was keeping $50.00 of Plaintiff's $350.00 down-payment. IV. PROCUREMENT BY BUYER OF SUBSTITUTE GOODS 18. The preceding paragraphs are incorporated by reference as though set forth here in their entirety. 19. Later on September 16, 2010, without delay, Plaintiff placed a substitute order for 73 corner blocks from Carlisle Cement at a cost of $14.50 per block. V. DAMAGES RECOVERABLE FOR NON-DELIVERY 20. The preceding paragraphs are incorporated by reference as though set forth here in their entirety. 21. On September 17, 2010, Plaintiff took delivery of 73 corner blocks from Carlisle Cement at a total cost of $1,153.81 22. This substitute order created damages totaling $418.70, the difference between Defendant's non-delivered order of $735.11 and the delivered substitute order from Carlisle Cement. VI. DAMAGES 23. The preceding paragraphs are incorporated by reference as though set forth here in their entirety. 24. Plaintiff seeks, the return of the original $350.00 down-payment made to Defendant, "Matt Haak," via personal check on August 27, 2010, under Section 2711 of the Consolidated Statutes (13 Pa.C.S.A. §2711) related to Cancellation and Additional Remedies to Buyer. 25. Plaintiff seeks, exclusive of and in addition to the return of the down-payment, "cover" in the amount of $418.70, inclusive of commercially reasonable charges, for the substitute order caused by Defendant's breach of contract and non-delivery of goods under Section 2.5.2.4 of the Consumer Protection Law (13 Pa.C.P.L. §2.5.2.4) relating to Breach of Contract as a C.P.L. Violation and Sections 2712 and 2715 of the Consolidated Statutes (13 Pa.C.S.A. §2712) relating to "Cover' or Procurement by Buyer of Substitute Goods and (13 Pa.C.S.A. §2715) relating to Incidental and Consequential Damages of Buyer. 26. Plaintiff seeks, exclusive of and in addition to the return of the down-payment and damages for "cover," any other additional punitive damages the Court may deem necessary and appropriate under the following Sections of Statutes and/or Consumer Protection Laws: 1. 73 P.S. 201-2(5): Unfair or Deceptive Acts, generally 2. 73 P.S. 201-2(6): Deceptive Conduct 3. 73 P.S. 201-2(7): Fraud 4. 73 P.S. 201-2(8): Misrepresentation 5. 73 P.S. 201-3(2): Unfair or Deceptive Acts 6. 13 Pa.C.S.A. §2721: Remedies for Fraud 7. 13 Pa.C.P.L. §2.7.2.4: Civil Penalties and Contempt 27. Plaintiff seeks, exclusive of and in addition to the return of the down-payment, damages for "cover," and any other applicable punitive damages, damages to be trebled in the amount of $837.40, with the considerable discretion given the Court under Section 2.7.3.7 of the Consumer Protection Law (13 Pa.C.P.L. §2.7.3.7) relating to Treble Damages. WHEREFORE, Plaintiff prays that all compensatory and punitive damages, exclusive of return of down-payment and pre judgment and post judgment costs, within the summary judgment against Defendant, DOCKET No: MJ-09304-CV-0000638-2010, be upheld and affirmed. FURTHER, Plaintiff prays the Court use its considerable discretion in the application of any damages the Court deems appropriate, in addition to and exclusive of, the summary judgment awarded Plaintiff by the Magisterial District Judge. VERIFICATION I, Jon M. Beaulieu, verify that the facts and statements set forth in this complaint are true and correct to the best my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 Pa.C.S. §4904) related to unsworn falsification to authorities. Date Jo . Beaulie , Plaintiff CERTIFICATE OF SERVICE I, Jon M. Beaulieu, certify that I have served the within document to Defendant on this 4th day of Aril 2011, by mailing a true and accurate copy of the same, certified mail and postage prepaid, via United States Postal Service mail at Carlisle, Pennsylvania to the address of record for Defendant and as follows: Matt Haak, Proprietor Independence Antique Brick Co. 78 E. Main Street - P. O. Box 433 New Kingston, PA 17072 © 4 k) v Date of S rvice J Bea lieu, Plaintiff David D. Buell Prothonotary Office of the Prothonotary Cum5erfand County, Pennsylvania 7rkS. Sofionage, ESQ SoCicitor //-3.22/ 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 0 Carlisle, TA 0 1Thone 717 240-6195 0 'Fax 717 240-6573