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Home My WebLink About12-6065COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland Enola COMMON PLEAS No. ~~ - ~~~ (,"t J/ L ~~ 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 Magisterial District Judge on the date and in the case referenced below. ~VnmL llr Mr~'CLLNIV I MAG. DIST. NO. NAME OF MDJ Je nnifer Mercurio Pamela Kichman 09-1-03 Richard S. Dougherty 130 Rear E Columbia Road 09/20/2012 tN THE CASE OF (Pl. Dallas Zulli NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT Pa 17025 ,~ Pamela Kichman Jennifer Mercurio MJ-09103-LT-0000094-2012 This block will be signed ONLY when this R.C. P.D.J. No. 10086. This Notice of Appeal, when receives by the operate as a SUPERSF,gEAS to the i~ldgrxte~ required under Pa. ~ If a~e~nt was J. No. 1001(@x" in Magisterial District Judge, will I before a Magisterial District Judge, A COMPLAINT MUST BE FILED for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO Fl'LE 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ~ i-~ I 1 1 appellee(s), to file a complaint in this appeal 11 Nlame of appeNee(s) (Common Pleas No. I a - 6Q fj S ~t U I L )within twenty (20) days after service of n~le or suffer entry o€jnd~ment of non pr9s. of appellant or RULE: To Dallas Zulli Name of appellees) , 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was bX, mail is the date of the mailing. Date: .2~ 20 Z ~~^~r~~ry~~rt7lg~~""~~~Q~}{'}_ 4 r- i,~l I~1,1 9..'~,"9a~ !C`.f ~~S C3~`YS C~. ,,77 J f ] ` (' Signa roof Prothonotary or Its I ~~ 4. ii (]~V ~~~-.; ,t YOU MUST INCLUDE A COPY OF, TI1~~ ~Q~~~;.IJt~QfpME°NT/TRANSCRIPT FORM WITH\~T-H/YI/1S NOTIC~EI/nOF APPEAL. AOPC 312-05 C'2s~J ~~~~~~ ~ ~ ` COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease -- ~- Mag. Dist. No: MDJ-09-1-03 MDJ Name: Honorable Richard S. Dougherty Address: 98 South Enola Drive, Suite 1 Enola, PA 17025 Telephone: 717-728-2805 Pamela C Kichman 130 Rear Columbia Road Enola, PA 17025 Disposition Details Grant possession. Dallas Zulli V. Pamela C Kichman, Jen Mercurio Docket No: MJ-09103-LT-0000094-2012 Case Filed: 9/11/2012 Yes No Grant possession if money judgment is not satisfied by the time of eviction. Disposition Summary Docket No P 'n iff Defendant MJ-09103-LT-0000094-2012 Dallas Zulli Pamela C Kichman MJ-09103-LT-0000094-2012 Dallas Zulli Jen Mercurio Judgment Summary Participant JointlSeveral Liability Individual Liability Dallas Zulli $0.00 $0.00 Jen Mercurio Pamela C Kichman $135.50 $135.50 $0.00 $0.00 Disposition Judgment for Plaintiff Judgment for Plaintiff Disposition Date 09/20/2012 09/20/2012 Amount $0.00 $135.50 $135.50 Judgment Detail ~*PostJudgment) In the matter of Dallas Zulli vs. Pamela C Kichman; Jen Mercurio on 9/20/2012 the judgment was awarded as follows: The amount of rent per month, as established by the Magisterial District Judge, is $650.00 Judoment Component JointlSeveral Liability Individual Liability Deposit Applied Amount Filing Fees $135.50 $0.00 $135.50 Grand Total: $135.50 Portion of judgment for physical damages arising out of residential lease: $0.00 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 PROTHONOTARYlCLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. AN APPEAL MUST BE FILED WITHIN THIRTY DAYS IN RESIDENTIAL LEASE ACTIONS INVOLVING A VICTIM OF DOMESTIC VIOLENCE. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDERS, 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 ONLY TO APPEAL 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 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. MDJS 315A Page 1 of 3 Printed: 09/20/2012 11:24:27AM Dallas Zulli v. Pamela C Kichman, Jen Mercurio Docket No.: MJ-09103-LT-0000094-2012 a#~'~ u;~3~~ SEP 2Q ~~~ - ~ ~a=f,?`~ Date Magisterial District Judge Richard S. Dougherty ~~~r"~ "oa ~, ~~~'"F, t certi a is is a rue an correc copy o e recor o e procee ings containing a ~u gment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 09/20/2012 11:24:27AM Dallas Zulli Docket No.: MJ-09103-LT-0000094-2012 v. Pamela C Kichman, Jen Mercurio Participant List Plaintiff(s) Dallas Zulli 8 Charisma Dr Camp Hill, PA 17011 Defendant(s) Pamela C Kichman 130 Rear Columbia Road Enola, PA 17025 Jen Mercurio 130 Rear Columbia Road Enola, PA 17025 Complainant's Attorney(s) Darrell Charles Dethlefs, Esq. Dethlefs Pykosh Law Group Llc 2132 Market St Camp Hill, PA 17011-4706 MDJS 315A Page 3 of 3 Printed: 09/20/2012 11:24:27AM ~ " ~ 1.u ~ _ ~ ~ ~ ~'~ ~ ~ a ~ ~ r arN vi ~ I, ~ ~u ~- ~ ~~ 1 rf. Ib E =fr 1 let) ~~' • i ~ e ~ ~;w,;~t~ m : ,~ ~ _. -E .. ... 0 'etl: ",1 I' ~ E O 1 ,d ser c a-e _. Fe:,ictr- c=~~: 'F iEx se t ', ire ~ .. _.. a ': ~ ' ti ,a, ~' i,__ r:;.7~1 ., , ~~;:~ fi2 ~~:P 21 Pfd ~'~ ~1~1~``~u~.t'p~;~•~~ll(a{J (1~,,gr,_ L#; ; D _-- ~ Snr 70 - __.. ~ StrE ~t. A, ti -. • ~ 11 /;~~~NI E OF APPEAL AND RULE TO FILE COMPLAINT 'This proof ~f se ~ v~ce MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) CC P!IMONWEE~LTh J=~ PENNSYLVANIA C(UNTYOF (;;i~mb~:rland ;ss AFF'~IDAVIT: I IIarE~by (swear) (affirm) that I served (z 'lv0(oJ' (, r /i I~ a c:o~ny of the Notice of Appeal, Common Pleas No. ,upon the Magisterial District Judge designated therein on (d~ite of service)~j_, 20 1 Z ~by perso al s rvice ^ by (certified} (registered) mail, se~uber's receipt attached hereto, and upon the ap ellee, (name)~~~ on Zv~~ ~ ~_~__, 20 ^by personal service by (certified) (registered) mail, sencl~er's receipt attached hereto. (SW'ORN {AFFI'~MIE:D) AND SUBSCRIBED BEFORE ME TH195 02 D<~l' OF 5~~~-~, 20 f 7- ,I~~~ Signature f ofiit~ial before whom affidavit was made ign re o affiant Title of official My ~t;ommissio •~ expires on // 20 ~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tina M, Robertson; ~~~G~ry Public East Pennsborc two., iunft~erland County My Commission Expires iVov. 15, 2015 M MRlR, pENNSY~VANU ASSOCIATION OF N RIFS AOPC 312A - 05 DALLAS ZULLI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA S. KICHMAN AND JENNIFER MERCURIO, DEFENDANTS 12-6065 CIVIL TERM ORDER OF COURT AND NOW, this 1L,07 day of October, 2012, Defendants' Motion to Continue Proceedings, which seeks to reinstate the supersedeas is DENIED. By the Court, Albert H. Masland, J. Darrell C. Dethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 Pro se ? Pamela S. Kichman a , 260 N. Enola Drive = Enola, PA 17025 Pro se ;/Jennifer Mercurio °' -? , 130 Rear Columbia Road PA 17025 Enola , :saa &#e5 ifta,MW 1n11k1/a - AW Dallas Zulli, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO. 12-6065 CIVAL. TERM Pamela S. Kichman and CIVAL ACTION-Law Jennifer Mercurio Defendants -µ~ `, ~ - .~~. . ~ ,.m~ -.- NOTICE OF APPEARANCE `~`~ ~' ~_ ~;.; ~~_. Please enter our Appearance in the above-designated matter. /~^~ /. ~D~~ ~ Pamela S. Kichman Pro se 260 N Enola Drive Enola Pa 17025 ~i Jennifer Mercurio Pro se 130 Rear Columbia Rd Enola Pa 1'7025 Dallas Zulli, Plaintiff V Pamela S. Kichman and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-6065 CIVAL TERM CIVAL ACTION-Law Jennifer Mercurio : _ ~. ~: Defendants _~ ~.~, Defendants Jennifer Mercurio & Pamela Kichman +_,_.. ~~ .- _ ~ r. - _.e Answers and new Matter on Complaint filed Defendants, Jennifer Mercurio & Pamela Kichman, Pro se hereby files an Answer and new Matter to Plaintiffs complaint. 1. ADMITTED 2. ADMITTED 3. ADMITTED 4. DENIED Defendant Pamela Kichman did notify and moved out from premises prior to the second year term please see plaintiffs own complaint Number 7. 5. DENIED the Defendant never sublease property or is there any documentation to prove that allegation. 6. ADDMITTED 7. DENIED there is no sublease and no documentation to prove so. 8. ADDMITTED Defendant Pamela Kichman Notified Plaintiff prior to the commencement of second year of rental agreement. 9. ADMMITTED 10~. DENIED Defendant Pamela Kichman did not sublease premises and there is no documentation to prove so. 11. ADMITTED 12. ADMITTED 13. ADMITTED 14. ADMITTED 15. DENIED defendant did not sublease premises and was evicted with a PFA see Exhibit A. 16. DENIED Defendant never sublease property and no documentation to prove otherwise. 17. ADMITTED 18. ADMITTED 19. DENIED the defendant was a roommate of Pamela Kichman and was permitted to reside at said residents. 20. ADMITTED 21. DENIED Defendant Jennifer Mercurio has established residency at said 130 Rear Columbia Road Enoia Pa 17025. 22. ADMITTED 23. ATMITTED 24. DENIED Lease provides a provision of a ane year extension It does not automatically renew. 2c>. DENIED Defendant did notify plaintiff that she did move from premises. 26. DENIED the plaintiff has not suffered damages of $7,920 or any rental income to that amount. WHEREFORE, Defendants demands judgment against Plaintiff and Dismissal of the Complaint with Prejudice. NEW MATTER 27. On September 6, 2012 and September 18, 2012 Defendants Pamela Kichman notified Plaintiff of vacating property prior to the renewal of lease of October 1, 2012.See Exhibit B of Complaint plaintiff) 28. On September 6, lease was terminated as prescribed in lease paragraph 2 of lease. 29. Plaintiff has not lost a year's rent their for he did not suffer damages of $7,920. 30. The property 130 Rear Columbia Road Eriola Pa has not been Vacant for twelve consecutive months There for Plaintiff request for twelve months rent is frivolous. 31. This complaint should be handled at the district justice since the damages requested are under $10,000. 32. Plaintiffs claim for attorney fees is not expressly indicated on lease. 33. Nowhere in lease does it call for attorney fees for either party. WHEREFORE, Defendants demands judgment against Plaintiff and Dismissal of the Complaint with Prejudice. ~~ Pamela S. Kichman Pro se 260 N Enola Drive p~~ Jennifer Mercurio Pro se 130 Rear Columbia Rd Enola Pa 17025 E:nola Pa 17025 CERTIFICATE OF SERVICE I hereby certify that on this date I caused a true ar~d correct copy of Notice of appearance, Answers and New Matter Complaint filed to be served upon the following via United parcel Service: Darrell C. Dethlefs, Esquire 2132 Market Street Camp Hill, Pa 17011 October 19, 2012 ~~ ~~~- ~~~> ,~, : ~~ Pamela S. Kichman Pro se 260 N Enola Drive Enola Pa 17025 ~1l L~Lr~--~ ~ U _' fc~-2 at z Jennifer Mercurio Pro se 130 Rear Colurnbia Rd Enola Pa 17025 Final Protection Fi_c~m Abuse Order No: 2012-668 Plaintiff or Protected Person(s) is/are: [ ] spouse or former spouse of Defendant [ ] parent of a child with Defendant [ ] currenr_ or former sexual or intimate partner with Defendant [ ] child of Plaintiff [X] child of Defendant [X] family member related by blood (consanguinity) to Defen~'.ant [ ] family member related by marriage or affinity t:o Defendan.t ] sibling, c person who shares parenthood) of Defendant Page 2 of Defendant ti~~as served in accordance with Pa. R.C.P. 1930.4 and provided notice of the time, date and location of the hearing scheduled in this matter. Appearances by Parties and/or Counsel: o Plaintiff appeared personally and is represented by: TVIidPenn Le6al Services ® Defendant appeared personally and is represented by: unknown AND NOW. this 19th Day of September, 2012 the court having jurisdiction over the parties and the subject-matter, it is ORDERED, ADJUDGED and DECREED as follo«-s: ~~l G.n F-SSN~aMQn~ Anc~ (,.~i~Y~cN~ Gin L~~M~JJt~y+ ~ ~~ This order is entered .. Without regard as to how the order was entered, this is a final order of court subject to full enforcement pursuant to the Protection From Abuse Act. Plaintiff s request for a final protection order is granted. 1. Defendant shall not abuse, stalk, harass, threaten or attempt to use physical farce that would reasonably be expected to cause bodily injury to Plaintiff or any other protected person in any place where they might be found. ~~ Defendant is completely evicted and excluded from the residence at: EXHIBIT 130 East Columbia Road Enola PA 1?O25 q hops:/i"w•,~w.pfad.state.pa.us/PFADLivelfinalorder.asp?FinalOrderlD==22647&crri d... 9/18/2012 ,- ' j- ,_i. , ,' ;-,; _ ,., CERTIFICATE OF SERVICE I hereby certify that on this date I caused a true and correct copy of Answers and New Matter Complaint filed to be served upon the following via United parcel Service: Darrell C. Dethlefs, Esquire 2132 Market Street Camp Hill, Pa 17011 October 20, 2012 ~'; ~ ~~ Pamela S. Kichman Pro se 260 N Enola Drive ~-- c~ - ~ -- z o i z._ ,, Jennifer Mercurio Pro se 130 Rear Columbia Rd Enola Pa 17025 Enola Pa 17025 FILED-OFFICE. Darrell C. Dethlefs, Esquire OF THE PROTHONOTARY ID # 58805 Dethlefs-Pykosh Law Group, LLC 20120U N AM 11:58 2132 Market Street Camp Hill, Pennsylvania 17011 CUMBERLAND COUNTY Telephone - (717) 975-9446 PENNSYLVANIA Fax - (717) 975-2309 DDethlefs@aol.com Attorney for Plaintiff DALLAS ZULLI, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, V. CIVIL ACTION - LAW PAMELA S. KICHMAN, and No.: 12-6065 CIVIL TERM JENNIFER MERCURIO, Defendants REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Dallas Zulli, and replies to new matter of the Defendants as follows: NEW MATTER 27. Admitted in part and denied in part. Plaintiff admits that Pamela Kichman notified him that she was vacating the property. However, Pamela Kichman failed to vacate and, additionally, she sublet the property to Jennifer Mercurio without permission of Plaintiff, Dallas Zulli; and, Jen Mercurio has refused to vacate. Proof to the contrary is demanded at time of trial. 28. Denied. The averment contained Paragraph 28 states a conclusion of law to which a response is not required. 29. Denied. The averment contained Paragraph 29 states a conclusion of law to which a response is not required. 30. Denied in part. The averment that the Plaintiff's Complaint is frivolous is a conclusion of law to which a response is not required. By way of further response, the Lease required payment from tenant for one year in advance. This was not a month-to-month tenancy. Proof to the contrary is demanded at time of trial. 31. Denied. The averment contained Paragraph 31 states a conclusion of law to which a response is not required. 32. Denied. The averment contained Paragraph 32 states a conclusion of law to which a response is not required. 33. Denied. The averment contained Paragraph 33 states a conclusion of law to which a response is not required. WHEREFORE, Plaintiff respectfully requests judgment as requested in the Complaint. Respectfully Submitted, Dethlefs-Py h Law Group, LLC Darrell C. Dethlefs, Esquire 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff Date: (L ?- ? -I L CERTIFICATE OF SERVICE I, Darrell C. Dethlefs, Esquire, hereby certify that I have caused a true and correct copy of the Reply to New Matter to be served upon the following via United States Postal Service, First Class Mail, postage prepaid, addressed as follows: Pamela C. Kichman 260 North Enola Drive Enola, PA 17025 Jen Mercurio 130 Rear Columbia Road Enola, PA 17025 October 24 2012 _ yl'? Darrell . Dethlefs, Esquire Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 DALLAS ZULLI, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. PAMELA C. KICHMAN, and JEN MERCURIO, Defendants CIVIL ACTION -LAW No: 12-6065-CIVIL TERM PRAECIPE TO TERMINATE SUPERSEDERS PURSUANT TO Pa. R.C.P.M.D.J. 1008 TO THE PROTHONOTARY: Pursuant to Pa. R.C.P.M.D.J. 1008(6) please terminate the supersedeas in the above captioned action for failurE~ of the Defendants/Appellants, Pamela C. Kichman and Jen Mercurio, to make the required escrow payments of the monthly rent pursuant to Pa. R.C.P.M.D.J. 1008(6) and the Prothonotary's Notice of Rental Payments issued at the time of the appeal. Date: November 1, 2012 J~,.__..... R f c ~e t ully Sub i ed, - -- ~; c~ ~-~ ", ar ell C. Dethlefs, Esquire ~ !°~~ ~ ~ --+ r~:T` Attorney Id. No. 58805 ~~? E "'~ -nr..; 2132 Market Street ~y. ~ ~~"' Camp Hill, PA 17011 =~c~ ~ x~' (717) 975 - 9446 =~ `' -~ CJ s ~ ~' 7 Upon confirmation of failure of Appellant/Defendant to comply with Pa. R.C.P.M.D.J. 1008 he Order of the Honorable Judge Turgeon dated December 22, 2011 and the supersedeas is TERMINATED. ~, David D. Buell, Prothonotary . ~``~G'/~-'~-~ ~~C~2~GLc---~ ~ ~~ DALLAS ZULLI, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW PAMELA C. KICHMAN, and No: 12-6065-CIVIL TERM JEN MERCURIO, Defendants CERTIFICATE OF SERVICE THIS IS TO CERTIFY that on the date indicated below, the foregoing Praecipe was served upon the Defendants via first class United States Mail, postage prepaid, to: Pamela C;. Kichman Jen Mercurio 130 Rear E Columbia Road Enola, Pa 17025 Resp~ctful~-S~u4m itted____ _ _ Date: ~ ( I __ - ~~.---- Darrell C. Dethlefs, Esquire I.D. #203250 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 975-9446 Darrell C. Dethlefs LD.No. 58805 Dethlefs-Pykosh Law Group, LLC Attorney for Plaintiff 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 DALLAS ZULLI, Plaintiff v. PAMELA C. KICHMAN-and JEN MERCURIO, .; ,• Defendants To the Prothonot Date: PRAECIPE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-6065 CIVIL TERM CIVIL ACT rn r'h :70 `-'"' • 77. Please discontinue the action without prejudice docketed at the a referenced docket number. (c1 Darr Dethlefs Attorney LD. No. 58805 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Telephone (717) 975-9446 Attorney for Appellee/Plaintiff