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Home My WebLink About04-4723Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 A. DAVID SHELLMAN and JEANNE L. SHELLMAN, V. Plaintiffs ANDREW SNELL, t/a Andrew Snell Concrete Construction, Defendant IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA NO. 014 - 4/723 CIVIL ACTION -LAW JURY TRIAL DEMANDED NOTICE 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 claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania Telephone Number - (717) 249-3166 Joseph K. Goldberg, Esquire 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 703-3600 jgoldberg@ssbc-law.com PA ID #46782 A. DAVID SHELLMAN and JEANNE L. SHELLMAN, IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. Cpl -L47;0 at UiL`7Eak1 ANDREW SNELL, t/a Andrew Snell Concrete Construction, Defendant CIVIL ACTION -LAW JURY TRIAL DEMANDED COMPLAINT AND NOW COME the Plaintiffs, A. David Shellman and Jeanne L. Shellman, by and through their attorney, Joseph K. Goldberg, Esquire, and file this action against the Defendant, Andrew Snell, t/a Andrew Snell Concrete Construction, and in support thereof aver as follows: PARTIES AND VENUE 1. Plaintiffs, A. David Shellman and Jeanne L. Shellman are adult individuals, are husband and wife, and reside at 630 Park Avenue, New Cumberland, Cumberland County, PA 17070. 2. Defendant, Andrew Snell, is an adult individual, who operates a sole proprietorship under the unregistered fictitious name "Andrew Snell Concrete Construction," located at 30 Umberto Street (Rear), New Cumberland, PA. 3. This matter involves improvements to real property located within Cumberland County, and a contract made in Cumberland County, thereby making this court the proper venue for this case. BACKGROUND AND FACTS 4. At all times relevant hereto, the Defendant operated a business which, among other things made repairs to concrete driveways, sidewalks and associated structures. 5. In April, 2001, the Plaintiffs were in need of repairs to their driveway and retaining walls on both sides of the driveway at their residence. They contacted the Defendant, who came to their residence soon thereafter. 6. The Defendant provided the Plaintiffs with a proposal; however, it was not accepted by the Plaintiffs because it did not include all of the repairs and replacements they needed. 7. They immediately contacted the Defendant, who did not provide them with a revised proposal until early September, 2001. 8. As a result of the aforesaid contact with the Plaintiffs at their residence, the parties entered in to a written contract for concrete work to be performed by the Defendant. The contract price for the work was $15,730; however, with additions to the contract, the Plaintiffs paid a total of $16,810. A copy of the parties' contract is attached hereto as Exhibit A. 9. Despite informing the Plaintiffs that he would not begin residential concrete work after September, the Defendant showed up unannounced on October 8 2 and began to work on the project. 10. Although the Defendant informed the Plaintiffs that the work would take approximately 2 weeks to finish, he did not complete the job until one week before Thanksgiving, 2001. 11. On January 12, 2001, the Plaintiffs first noticed cracks in one of the driveway retaining walls. Soon after, they observed that the driveway had also cracked and had started to heave. 12. The Plaintiffs immediately notified the Defendant, who, after two phone calls and a fax, finally responded via a telephone call by his sister, who was employed in his business. She informed the Plaintiffs that the Defendant could not address the problems until Spring. 13. In Spring, 2002, the Plaintiffs began to call the Defendant to have him look at the problems with the driveway and wall, which had worsened. Despite numerous telephone calls, the Defendant refused to come to the Plaintiffs house to address the problems. 14. Finally, in July, 2002, Plaintiff David Shellman visited the Defendant's place of business to seek his help in fixing the problems. 15. In response to Plaintiff David Shellman's visit, the Defendant dispatched two employees to the Plaintiffs' house. They observed the problems, and one commented about them, "That shouldn't have happened." 16. At that time, the Plaintiffs also pointed out to the Defendant's employees that the driveway apron was excessively sloped, the sidewalk was severely uneven, 3 and that brickwork at the garage was faulty, as the Plaintiffs had previously pointed out to the Defendant. 17. The Defendant's employees left without performing any repairs. 18. After making many additional requests for repairs, Defendant's sister promised the Plaintiffs that the repairs would be completed by the end of September, 2002. 19. To date, despite the numerous, repeated demand by the Plaintiffs, no one has made any repairs of any sort on behalf of the Defendant. 20. The work performed by the Defendant was defective, was not performed in a professional manner and was not done according to industry standards. 21. The faulty construction by the Defendant can only be remedied by replacement of the driveway and sidewalk, with additional work to the retaining walls. 22. The cost to repair the Defendant's defective work is $19,416. COUNTI VIOLATION OF THE CONSUMER PROTECTION LAW 23. The averments of paragraphs 1 through 22 are incorporated herein by reference as if fully set forth. 24. At all times relevant hereto, the Defendant was engaged in trade or commerce as defined in Section 2(3) of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq. (hereinafter "Consumer Protection Law"), 73 P.S. § 201-2(3). 25. The Plaintiffs purchased goods and services from the Defendant primarily 4 for personal, family or household purposes. 26. The Defendant, in the written contract between the parties, promised to provide improvements to the Plaintiffs' residence "in a professional manner according to standard practices." 27. The Defendant failed to make the improvements in a professional manner or in accordance with standard practices. 28. Pursuant to § 201-9.2(a) of the Consumer Protection Law, the Defendant's acts violate Section 3 of the Consumer Protection Law, 73 P.S. § 201-3, by violating the following subsection of Section 2(4) of the Consumer Protection Law, 73 P.S. § 201-2(4): (xvi) Making repairs, improvements or replacements on tangible, real or personal property, of a nature or quality inferior to or below the standard of that agreed to in writing; 29. As a result of the aforesaid violation of the Consumer Protection Law, the Plaintiffs have suffered an ascertainable loss of money and property, as set forth in paragraph 22, above. WHEREFORE, the Plaintiffs demand judgment in their favor and against Defendant, providing them with the following relief: a) an award of three times their actual damages of $19,416 which equals $58,248; b) an award of costs and reasonable attorney's fees; and, c) such additional relief which the court deems necessary or proper. 5 COUNT II BREACH OF CONTRACT 30. The averments of paragraphs 1 through 29 are incorporated herein by reference as if fully set forth. 31. By failing to perform the work in a professional manner and according to standard practices, the Defendant breached his contract with the Plaintiffs. 32. As a direct result of the aforesaid breach of contract, the Plaintiffs have suffered damages in the amount of $19,416. WHEREFORE, the Plaintiffs demand judgment in their favor and against Defendant in the amount of $19,416, plus costs of this action. Ily Date: fft orney ID No.`46782 2080 Linglestown Roa Harrisburg, PA 17110 (717)703-3600 Attorney for Plaintiffs 106 6 VERIFICATION I, Jeanne L. Shellman, hereby state that I have reviewed the foregoing Complaint, and verify that the facts set forth in the document are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: r5 ?- JEANNE L. SHELLMAN 2 =a t ANDREW SHELL Ea CONCRETE CONSTRUCTION Umberto 30 LAN (REAR) PROPOSAL NEW CUMBE ?76ERLAND, PA 17070 (717) 7747379 FAX 774-5301 4 0 :.^NE ;:'4'i7>'.+r.AN, Jeanne ,ATE 70 I'4-1v^? 9/7/2GG1 631-1 AP!? JOB NAME i LOCATION I Tr e'r. 'Curt"Y'er 1 a^-.. PA 17--171 J]'•I?. i:L 1i JOB NUMIIFA JOB PHONE ?.e mwacy auemd speoin^atiors and ev mates for :qtr '-1R"' .TS.' +./ Re •. a... ann rerlac.cniert :;f e,C:'_Ft- .r1 r.. e' Ian Ti g wail. r"._ .i3O, tC. I -'_a_X eni le f? side .facirrr h,C- ?? retaining • 4,n_e, `aiIl>r't W .d: J. al', the way ?'C ?a4 r, 3'.dP_ba--, F a(I elevation `_n be determined upon eb start. t ?( Repairing brick an*: iii^.,ck fourdat nns as ne7essary cr eithrr sa:'de cf garage dror, Match existing front of heuse. V Fxcdvaticr. of right side r'etal.n_.nj wall, _^, bac.- fSl.'•, with stone fcr parnper drainage, arils new i^ weepholes approx. 6" up from driveway heig-t. Also, to extend right side .,°-aci-q house] retaining wall. ai.l. the way out t<, main sidewalk. Exact elevation to be deter.ninpd upon gob start. Remove an replace existing driveway i1.1Ien X 1:11; Removal of :eft, upper side ashes to re.-grade upper area and all.cw fot proper drairag Re'alning wails -`.'.C be .?'..`_hv.r i.aCdzcare b?.orir (per riiscusstnnl n'" .concrete. °_Il<'d ticr with ri;h finish. ?Qd,,IAE? ?FcCM LKrS^rr?u3J J?0 niG !c?/[ Ij i Tlsn ,:G ?J9•e.i'/GE TIAi kJS-nccs? 7s4 k, D i/4« WeGC. iea5r ?./Ia•M THE FCC?Las.;.iG ST, Pe :677 Iva.7SL MIT 15 ?f ?..J1rZ£? ? ?.QO ?i.1'•Y' ly?r..s.,96L 7RJ?Eec-N3oa _ Nd: ?r'r`EC'.-t? I 'beo- 49- t, 4C Q.r%e 5 rat ihSAi-I? a. rik<IC ??t?>' .It'K.sr..s t:a s^TdaSS .-,f l! dyc12 T1 ^+/SfL S£c'rri,I-u C cJ.4oc t'AwN - ?i it i i I f At PrapMe olreby to furnish material and labor - complete in accordance with the above apeoillcations, for the 0epas to pay" M to be mane a knows: AS N^TB7 ON PAGE 2. A'v now,& ¦ {,uanr R , 10 as a eCaC44C AA oar. to M 0a^lala" , a O'Otaaallyl •a"'11' amaro"la IC ma'am tlr vtft. Any oltmt001 v dn'wroa Ira l each lOMhC& A'nt Mm%-,^e fWA Coca ail: ae a uw MIY u IYMIN, arasn. am W.11 bow -4 a, ann owip, iw .na acme Me Mt:TNH AV aaYe'01Ia' a0m0ee•Q MCI M^+a "4,0aIIA v ways ae,ana law as m O+IYv 4 A" I" camel Ma a "tops" A{IIIMa ox CO." ev ox" ftwo ra ay vi9 - a ee-aanaavon I.eu+i'Ip. Acrepionce cf Proposal -The above pricee. ape ificattons and conditiwfa are aatlsfacfory and we hereby accepted. You we suilwir" •_ •• • ..•••. -• ??.++•.w e..?rw wM t%s Ulan, at MMIMMI above. sgvtm ? IIIINoe Ttva Oropeaa' My 4 j a;t'1Cfaa'I' 0y V! d np atxe0te0 vtMn / ®® ?? agnawrr ??JyX.sts. '# L?t%C.Y?+^ `??C'`CC!!// ))// Ala !h EXHIBIT A Vag. N_ 2 r 2 ANDREW SHELL CONCRETE CONSTRUCTION 30 Umberto Street (REAR) {vEl4• CUMBERLAND. PA S?070 (717) 771-7579 FAX 774-5301 f-Hi-.IZIAh, :7eaT^.re TO 534' Parlc fire W,.w Ci3Cwerltird ?A 1-7r;'•, tN aeseby saaBn spea4canons and ss:nnnes tor: F,^•Ii _...:'E;'::`'u E:r..:EsI C;N VAG ] OF 2, PROPOSAL F. "ONE DATE ?74-id f^ 9!1j201)1 :OB NAME: IOCATON :os NUMBER aos PHONE F ..STAIN.F' WALL- =GO f-:,r wall to be 3' Wide. x Teriyth of wall x V t_.hick, wiAlh ;2) .?:.? ti..? n< reb.ar rlun ,air1.3 the to •d wee. c",n rwsi. Stfengt:2: ^onci tAe will ;Tf: ,;5P.rj. 'wall. will be tied i.nte with #^ re-har 24n cr,, c,erme? Wall wall a:s.^, be t.wed in.to h :x;se fourdat:icr, a* ?, int.Arvals up wall. 3" weep h!:les will. be ?.rtstalied i--It new wasA. Ffver? 4' aloes wri 111 approx. E" above dri, ...i W9J.l. as a 4" pArforated wall drain tc be .7.nsta led ).r7 the reax of the :ta. alor:Q I?t?t edge. ;Ca, will h? rub Ft TL'. -hr:@ wl:iF'L'a •i!:riC. walls, will h+ backfill-ed with :' of crushed stone - wii h:rxi 4" of tr?D of ^•?.IL'FMA:: 350:7 p=l.. Cancriyt.e, i.L '.}'auge. Wire me&.-h Ceiil.fnrciuq, ''i" t.l...ck, poured a CJI stloi e base, ccr) .-.:i . expansfc-a a•^.17L5 a.^.(."%rd rig to t:ra(iB i .'..,lit: ,)f , seal compaand. Pj:r%MTT BY rNNER, IF N@ 17-cARY. , , : I i r t Nersb7 to turms mstwial and WOW - tOznQPate in aceoroaPxt wttn tea above apedthptio+:a. for p I Le_ >hnusan •::ve. inarec, hirty arid 0011-:I IIol....ars omws Ps I,' sasRfs n W rPaee as te?wsa: Z/2 DOM TO BEGIN WORK ----------------------------------------- $ 7, 8155 BA1.ANCP? lien?. CaMPUTI.C=. ------ ----- -- ----------' ----`-° $7,P65 Ae MM9 a a araaaaa at a• as MWC449. AF aC,a M as CIFft-I C M a M 40 M!!N' Cov 011 S ai. P/awaO A"y a„' a Ga„wun aw" aMw aoae++: Aaffva +C// dons . wars Coal . as @M = a° ? "I-S a ...,a Me+u an Sgnw:ra _.... E < - a.,n a+'ta ave. P+a PPM M .Mm- AY ar-or"N.-M "Mr4o " Wog, P.waa. aeS.Ge,+4 e• wiali G,w2 arr assn'. O+ M (wry An ::nano a anM:a W% N V T,q awoeaai mat, as Ow ae,ara w f.,4 Cn w Gy WWWW a t]r:aevne" :v,na'ICa .anaa"* QV p a "p aedPaa "a:w ACCfp12rtte Cf PMP.Ds27 Tna abew pries. speeitkoMns i.. t ? .. ...............r V w." ?..,M,iTaA a,rea!ma ?.ri-/?w?i' ? ? ? ? ? C ? J ` SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-04723 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHELLMAN A DAVID ET AL VS SNELL ANDREW T/A ANDREW SNELL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SNELL ANDREW T/A ANDREW SNELL CONCRETE CONSTRUCTION but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 22nd , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Dep York County 91.00 X35 .00 128.00 11/22/2004 JOSEPH GOLD13ERG Sworn and subscribed to before me this 4:5: day of cyJ' A.D. Q V Prothonotary' f of Cumberland County COUNTY OF YORK OFFICE OF THE SHERIFF SER)IC/EIC9A;L 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE % PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE OW Y l.Ifa 2 TWU 12 00 "" DETl" ANY COPES 1. PLAIHTIFFISt 2 000RT NUMBER A. David ShelJman et al - 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANTISI Anriraw Snell t/a Andrew Snell Concrete Construction Notice and Cclnplaint SERE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION Of PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Andrew Snell t/a Andrew Snell Concrete Construction ADDRESS (STREET OR RFO WTH BOX NUMBER. APT. NO., CITY, BORG, TWP.. STATE AND ZIP CODE) 7. INDICATE SERVICE' U PERSONAL U PERSON IN CHARGE .$ DEPUTIZE U8E "i aw U 1ST CLASS MAIL U POSTED U OTHER NOW September 22 Q4 20 t, SHERIFF OF 401M COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this a return the ording to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WALL ASSIST IN EXPEDITING SERVICE: Cu rnberland OUT OF COUNTY CUMBERLAND Please mail return of service to Cunberland County Sheriff. Thank you. ADVANCE FEE FD BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN • Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or a8achment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any We. destruction. or removal of any property before sheriffs sale thereof. JOSEPH GOLDB'EitG 2020 LINGLEST01IN lZD STF 10& no -, r)a 17110 703-3500 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This. area must be completed d notice u to be mailed). CUM3EBLA TD CO SIDMIFF 9-20-04 11 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. ExpirmoraHearing Date or complaint as Indicated above. R. AHRENS 9-29-04 10-20-04 f6. HOW ERVED: PERSONAL( ) RESIDENCE { ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOI 17. t hereby by certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 16 . NAME AND TITLE OF INDIVIDUAL SERVED/ LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20. Time or Service Int ate s1 P 11/301 ?Miles 6 Int. `Dalp?I ?,IM ` I ?J' D teal4" Tyne IMiles Ini , I Dale I Time Miles' 21. ATTEMPTSliQB@ Time Sl Miles Inl'I-Itxs 1 22 In I xNN Y!I ?)'I - 1 L . REMARKS /U// ? Y ? I` iC?"+-'per. .J 10 •q?N G-L 4 v??ai'Tw ?I ?I+ !IL a lfl1C..V1?1 oS I (?Jpf L'rt />? r? W 23. Advance Costs 12A Service Costs 2§. WF 126. Mileage 127. Postagel 211, $ Ty1al 29. Pound 130. Nobly 131 . Surcng. 132 Tot. Cosl/[33 Costs Dueg/Relund I Che 38 41. AFFIRMED and subscribed to be " me thrs Me I?OV ^ 7 0 ` M Signature of ' 43 ' 42. EaY? • .20 eep Sheriff j,17 -- 4110010"OTAqy Notaenl Seal Seal 46. Signatuneof York James V Vangreen Notary Publi City of York, York County, PA p? IItP.L"Y l.t :0- My Comml _ i- 71, 2005 ' 48. Signature of Foreign County Sheriff 50. t ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE ' -`-•• O PINK, Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office 39. Total Costs 140 . Costs Due or 45 DATE 1 44 DATE - tWt : 4q-" 00 :f d : £Z d2S ON bJt( ?\?t1(1 1 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor ?o10ry of Cutrrber" d ALL, ? , OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 February 4, 2005 JMMMPC Company, Assignee from Citifinancial vs Cindy Staats Writ No. 2004-4729 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated January 25, 2005, entered by Lysa McElroy, pertaining to Writ of Execution No. 2004- 4729 Civil Term, JMMMPC Company, Assignee from Citifinancial -vs- Cindy Staats. RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy r.. r? Cll c r, i? R. Thomas Kline, Sheriff, has determined that the claimant, Lysa McElroy, in the above mentioned property claim, is prima facie the owner of the property set forth therein. OW- ers R. Thomas Kline, Sheriff Joseph Colavecchi, Arty for Pltff cc: Cindy Staats, Deft. Lysa McElroy, Claimant PROPERTY CLAIM J M M M i C Corn?Gn1? ?R V (Aum he TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. I?O[ { - 17Z I The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST O PROPERTY VALUE 4 ChCAir3 twa." 1100 cof-fee -kabl e 4? 2ri tr 1 - 4b[ -- 10 2 ?Grn -45 yn6ca mi ( X20 iC VS {00 100 PSG s? .6>1f G?rnes 2 ? 50 ??k ,, ?9mD1 il II El(?Pr n 500 Z C1mp Date State of Pennsylvania: County of Cumberland G G - Jmc being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. Sworn and subscrib d to before me p Y PUBLIC Notary Carlisle Ioro, Cumt?erland County 7jrommission Expires Npril 4.2005 G. Claimant ?? MN1 PC Com?Gn? PACE 2 ?rl No. 20N - 472 Mill) A&fto Qb? Q01 ? o!? Qo?? oos ? oijF Qlit W-ov OM.,)Oddn Qb? Ql %? Qoi lp 04 Qo 1? 0b ?t i V'3 k 4P a?o?{ . vq-.) (?????) Soaaa?.sZ o??ha pop chc)joj SMw saasSaa? z ?IUWaK u4NO ?'a}S'??{ ccj J U C? qt n C'JIND z QLQU Vj Pu??axj??? MAN JoolpUZ Sr Curtis R. Long Prothonotary office of the Vrotbonotarp Curnberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor QAl- J?7O,3 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