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HomeMy WebLinkAbout04-6058John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com JAMES L. BAUER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. EAST COAST CUSTOM AUTO BODY & COLLISION, INC., Defendant :NO. O<! (?CSS? : CIVIL ACTION-LAW 01C)L `T . 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com JAMES L. BAUER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. a ? (o S? 1. l U L .7 CIVIL ACTION-LAW EAST COAST CUSTOM AUTO BODY & COLLISION, INC., Defendant COMPLAINT IN REPLEVIN 1. The Plaintiff is James L. Bauer, an adult individual with a current address of 674 Spinnaker, Weston, Florida 33326. 2. The Defendant is East Coast Custom Auto Body & Collision, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a current address of 2272 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Plaintiff is the owner of an 1957 Chevrolet two door BelAir, a classic automobile which bears a Nevada Certificate of Title 157898-17-CA, issued to the Plaintiff on September 19, 1979. 4. On May 13, 1993, the Plaintiff and Defendant entered into a contract whereby the Defendant agreed to perform a complete custom auto restoration for the Plaintiff's above described vehicle in return for Plaintiff paying the Defendant on a time and material basis for the same. 5. At all relevant times, the Plaintiff has remained the title owner to the aforementioned vehicle. 6. Over the years, the Plaintiff has paid the Defendant $16,000.00 as advances on the work, plus an additional $13,800.00 to others for outside work and parts. 7. The value of the vehicle is unknown as it is presently in an incomplete stage of restoration, and is in the possession of the Defendant. 8. The Defendant has billed the Plaintiff a total amount of $9,762.00, and claims that further billings are due, although has not provided any additional time and material billings, despite repeated demands for the same. 9. The Plaintiff has demanded possession of the vehicle and the Defendant has refused. 10. The Plaintiff demands judgment for possession of the above described vehicle in addition to the return of the balance paid to the Plaintiff in excess of the amount billed, or an accounting for the funds paid. WHEREFORE, the Plaintiff demands judgment of possession as aforesaid, together with reasonable attorney's fees, interest and costs. Respectfully submitted, PURCELL, KRUG & HALLER BY _ Jo . Purce , Jr. I. #29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 VERIFICATION I verify that the statements made in the foregoing Complaint in Replevin are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. Dated: /, /?0 /O llz-ei J es L. Bauer 76- 63 -IIC4 71 i _t1 r n Tr IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. BAUER, Plaintiff Civil Action - Law No. 04-6058 vs. EAST COAST CUSTOM AUTO BODY & COLLISION, INC., Defendant NOTICE TO PLEAD To: James L. Bauer, Plaintiff c/o John W. Purcell, Jr., Esq. Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 You are hereby notified to file a written response to the enclosed Answer to Complaint in Replevin, New Matter and Affirmative Defenses and Counterclaim within twenty (20) days from service hereof or a judgment ma a tered ain t you. Date: December 27, 2004 //V liam C. Cra er Attorney for Defendant WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG, PA 17201 (717) 264-3711 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. BAUER, Plaintiff VS. EAST COAST CUSTOM AUTO BODY & COLLISION, INC., Defendant Civil Action - Law No. 04-6058 ANSWER TO COMPLAINT IN REPLEVIN, NEW MATTER AND AFFIRMATIVE DEFENSES AND COUNTERCLAIM NOW COMES Defendant in the above captioned matter, namely, East Coast Custom Auto Body & Collision, Inc., by and through its attorney, namely, William C. Cramer, and answers the said Complaint, pleads new matter and affirmative defenses, and also, a counterclaim, as follows: Answer to Complaint n Replevin 1. Admitted. 2. Admitted. 3. Admitted in part; denied in part. It is admitted that Plaintiff was the owner of WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 the said automobile at the time it was delivered to Defendant for restoration. Defendant has no knowledge of the current titled owner of the 'vehicle, said information is believed to be within the exclusive possession of Plaintiff arid, therefore, evidence of the current ownership of title is demanded at trial. 4. Admitted that Plaintiff and Defendant entered into a contract for the complete custom restoration of the said vehicle in question. Defendant no longer remembers the exact date the parties entered into the contract, but believes, and therefore admits, that the parties entered into the contract sometime in the Spring of 1993. 5. Denied, as a conclusion of law to which no responsive pleading is required. Further denied for the reason that information regarding the title ownership of the vehicle is within the exclusive possession of Plaintiff, Defendant is without knowledge of the facts averred in this paragraph and proof thereof is demanded at trial. 6. Admitted that Plaintiff has paid Defendant, but such payments were not for "advances". 7. Admitted that Plaintiff does not know the present valuation of the vehicle. 8. Admitted in part; denied in part. Admitted that Defendant has billed Plaintiff a WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 portion of the amount which remains due and owing to Defendant for restoration work, material supplied and storage charges. Denied, however, that Defendant has failed to 41 provide Plaintiff information as to the balance due and owing. In fact, Defendant has provided Plaintiff such information through counsel. 9. Admitted that Plaintiff has demanded possession and that Defendant has 2 refused same. Denied, however, that Plaintiff has any lawful entitlement to possession of the vehicle for the reasons set forth in the counterclaim, all the paragraphs of which are incorporated herein by reference thereto. 10. Denied that Plaintiff is entitled to a judgment for possession of the vehicle, to an accounting or to any return of the balance paid in excess of the amount allegedly billed. Further denied that Plaintiff is entitled to any damages, refund or accounting in a replevin action under the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant requests that the said Complaint be dismissed, with prejudice, and Defendant be awarded attorney fees, costs and special damages as authorized by law. New Matter and Affirmative Defenses NOW COMES Defendant and pursuant to Rule 1030 of the Pennsylvania Rules of Civil Procedure pleads the following affirmative defenses as new matter: Statute of Limitations 11. Defendant pleads the applicable statute of limitations as a bar to any recovery and/or judgment by Plaintiff for reasons which include, but are not limited to, the following material facts: A. As averred by Plaintiff, in Paragraph 4 of the Complaint, the parties WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 entered into a contractual arrangement in the Spring of 1993 calling for the restoration 3 of the said 1957 Chevrolet vehicle which is the subject matter of this controversy. B. From the Spring of 1993 through June of 1997, Defendant diligently and prudently worked upon the said automobile according to the aforesaid contractual arrangement between the parties. C. On or about July 1997, Plaintiff ceased cooperating with Defendant regarding the restoration of the said vehicle and, in fact, abandoned said vehicle at that time. D. Defendant has made repeated demands upon Plaintiff to pay Defendant all sums due and owing for labor provided toward the restoration of the said vehicle, but Plaintiff has refused to pay said sums due and owing Defendant. E. Plaintiff has ceased all contacts with Defendant regarding the said vehicle on or about July 1, 1997, except, however, recently Plaintiff contacted Defendant to demand a return of the vehicle, but without agreeing to pay Defendant's service charges and other outstanding sums due and owing Defendant as hereinafter specified in the counterclaim. 12. The applicable statute of limitations has tolled Plaintiff's right or entitlement WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 to demand a replevin and/or possession of the said 1957 Chevrolet vehicle which is the subject matter of this replevin action for reasons which include, but are not limited to, Plaintiff's abandonment of said property on or about July 1, 1997 and at all time thereafter, and also, for those material facts alleged in the new matter set forth in Paragraph 11, above, which averments are incorporated herein. 4 WHEREFORE, it is respectfully requested that the said Complaint be dismissed and Defendant awarded its costs and attorney fees herein incurred. COUNTERCLAIM NOW COMES Defendant in the above captioned matter and presents this counterclaim pursuant to Rule 1082 of the Pennsylvania Rules of Civil Procedure and in support thereof states the following: 13. Pursuant to the contract by and between the parties, as averred in Plaintiff's Complaint, Defendant undertook the repair and restoration of the said 1957 Chevrolet automobile at the express request of Plaintiff. 14. Although Plaintiff made periodic payments to Defendant for restoration labor and materials supplied toward the restoration work of the vehicle, Plaintiff ceased paying Defendant all sums due and owing Defendant. 15. Plaintiff abandoned the vehicle to Defendant on or about July 1, 1997 when, at that time, there was a substantial outstanding ballance due and owing to Defendant for parts supplied and restoration labor performed, as averred more specifically hereinafter. 16. On or about July 1, 1997, when Plaintiff abandoned the said 1957 Chevrolet WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 automobile, there was then due and owing Defendant the following sums for the following reasons: 5 A. The sum of Six Hundred Thirty ($630.00) Dollars for chrome parts and a bumper affixed to the vehicle. B. The sum of Four Hundred Eighty-one and 77/100 ($481.77) Dollars for interim labor associated with machine work. C. The sum of Forty-two and 50/00 ($42.50) Dollars for labor associated with parts machine work. D. The sum of Seven Thousand Five Hundred ($7,500.00) Dollars for labor at the hourly rate of Twenty-five ($25.00) Dollars for three hundred (300) hours of outstanding labor not paid by Plaintiff. The outstanding balance as of July 1, 1997 was Eight Thousand Six Hundred Fifty-four and 27/100 ($8,654.27) Dollars. 17. At all times on and after July 1, 1997 through the date of the filing of this pleading, Defendant has stored the said 1957 Chevrolet and has provided for the custody and security thereof. 18. Defendant is entitled to reasonable and customary storage charges for all storage and protective services which Defendant provided to the vehicle at all times on and after July 1, 1997. 19. Customary and reasonable storage charges amount to approximately WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 Twenty ($20.00) Dollars per day for Defendant's services in maintaining the storage, custody and safekeeping of the said 1957 Chevrolet which is the subject matter of this replevin action. 6 20. As a matter of fact and a matter of law, Defendant holds and maintains a lien, commonly referred to as a "mechanics' lien" for all the aforesaid materials affixed to the vehicle in the course of Defendant's restoration, for all the aforesaid labor charges incurred by Plaintiff in performance of the restoration work, and also, for the aforesaid storage and safekeeping charges. 21. The said lien which Defendant holds upon and against the said 1957 Chevrolet consists of the following itemized special amounts: A. The sum of One Thousand One Hundred Fifty-four and 27/100 ($1,154.27) Dollars, plus lawful interest thereupon after July 1, 1997, for parts and equipment affixed to the said 1957 Chevrolet pursuant to the restoration agreement between the parties. B. The sum of Seven Thousand Five Hundred ($7,500.00) Dollars, plus lawful interest thereupon after July 1, 1997, for restoration labor Defendant provided to the vehicle which has not been paid by Plaintiff and which remains due and outstanding. C. Reasonable storage and safekeeping charges, which Defendant avers to be approximately Twenty ($20.00) Dollars per day, from July 1, 1997 through the date of verdict. 22. Defendant believes, and therefore avers, that his aforesaid lien holds priority of right and interest over any ownership, title interest or other interest or right of Plaintiff to possession of the 1957 Chevrolet vehicle in question. WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 7 WHEREFORE, it is respectfully requested that the Court enter an order validating Defendant's said lienhold interest in the said 1957 Chevrolet, awarding to Defendant any special damages or other damages to which Defendant is entitled under the law, the facts and circumstances of the case and for such other additional and different relief to which Defendant is entitled under the law. Respectfully su ' 7/,/vvv? Wil m C. Cra r Attorney for Defendant 14 North Main Street, Ste. 414 ChambE:rsburg, PA 17201 (717) 264-3711 WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 8 WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG, PA 17201 (717) 264-3711 I, Vincent P. Scalavino, being President of East Coast Custom Auto Body & Collision, Inc., verify that the statements made in the attached Answer, New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: I A/?-, 4 East Coast Custom Auto Body & Collision, Pc. Y 2ent P. Scalavino, President 9 CERTIFICATE OF SERVI E I, William C. Cramer, Attorney for Defendant, hereby certify that on December 27, 2004 1 mailed a true and correct copy of the within Notice to Plead and Answer to Complaint in Replevin, New Matter and Affirmative Defenses and Counterclaim to John W. Purcell, Jr., Attorney for Plaintiff, 1719 North Front Street, Harrisburg, PA 17102, by ordinary first class mail, postage WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSBURG. PA 17201 (717) 264-3711 Date: December 27, 2004 William C. Cramer Attorney for Defendant 10 co J J ! fil : ? SHERIFF'S RETURN - REGULAR CASE NO: 2004-06058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAUER JAMES L VS EAST COAST CUSTOM AUTO BODY DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon EAST COAST CUSTOM AUTO BODY & COLLISION INC the DEFENDANT , at 0828:00 HOURS, on the 8th day of December , 2004 at 519 SOUTH HANOVER STREET CARLISLE, PA 17013 by handing to VINCENT SCALAVINO, PRESIDENT a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 nn Sworn and Subscribed to before me this ?U day of ( ?._. J?rnti? A.D. So Answers: R. Thomas Kline 12/09/2004 PURCELL KRUG HALLER By: Deputy S eriff rothonotary-' John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com JAMES L. BAUER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-6058 CIVIL ACTION-LAW EAST COAST CUSTOM AUTO BODY & COLLISION, INC., Defendant NOTICE TO PLEAD To: East Coast Custom Auto Body & Collision, Inc., Defendant William C. Cramer, Esquire 14 North Main Street, Suite 414 Chambersburg, PA 17201 You are hereby notified to file a written response to the enclosed Plaintiff's New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: 3 - / c/ o -S ) C John . Purcell, Jr. rney for Plaintiff John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com JAMES L. BAUER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA VS. : NO. 04-6058 CIVIL ACTION-LAW EAST COAST CUSTOM AUTO BODY & COLLISION, INC., Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER AND AFFIRMATIVE DEFENSES. WITH COUNTERCLAIM 11. The averment of the Statute of Limitations is denied as a conclusion of law. A. Denied as paragraph 4 of the Complaint speaks for itself. B. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. C. Denied. Plaintiff did not cease cooperating with the Defendant regarding the restoration of the vehicle and did not abandon the vehicle. Plaintiff has always maintained title and ownership of the vehicle, however, due to matters in Plaintiff's life that became more pressing, Plaintiff's attention to the restoration to the vehicle was deferred. D. Denied. To the contrary, Plaintiff has not heard anything from the Defendant between 1997 and the present date, until Plaintiff had asserted its claim for repossession of the vehicle. E. Denied as stated. Plaintiff has not ceased all contacts with the Defendant, however, Plaintiff has recently contacted the Defendant to obtain possession of the vehicle, and has agreed to pay all outstanding charges of the Defendant in accordance with the contract that the Defendant can show by appropriate time records and receipts. 12. Denied as a conclusion of law. COUNTERCLAIM 13. Admitted. 14. Admitted. In further reply, Plaintiff as made more periodic payments than the Defendant has billed him for, leaving an overage in favor of the Plaintiff on the outstanding account. 15. Denied as a conclusion of law. In further reply, Plaintiff has not abandoned the vehicle, and has in fact made recent demand for repossession of the same. 16. A-D. The sums claimed by the Defendant in paragraph 16 A through D have not been substantiated, and no claim has been made by the Defendant until recently. In further reply, if all those outstanding balances were due and owing as of July 1, 1997, Defendant's claim is barred by the applicable Statute of Limitations. 17. Denied. After reasonable investigation, Plaintiff is without knowledge of information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 18. Denied. Storage of the vehicle has always been assumed under the parties contract, and the parties never contracted to pay for any storage charges. In further reply, Defendant incurred no charges or costs associated with storage of the vehicle that he would not have occurred otherwise. 19. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 20. Denied as a conclusion of law. 21. Denied as stated in previous paragraphs. 22. Denied as a conclusion of law. WHEREFORE, the Plaintiff requested this Honorable Court to enter judgment in favor of the Plaintiff on the Complaint of the Plaintiff and against the Defendant on the Defendant's Counterclaim. NEW MATTER 23. Defendant's claim, as set forth in its Counterclaim, is barred by the applicable Statute of Limitations. Respectfully submitted, PURCELL,KRUG & HALLER BY J0 . Purcell, Jr. . . #29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 VERIFICATION I verify that the statements made in the foregoing Plaintiff's Response to Defendant's New Matter and Affirmative Defenses, with Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. § 4904 relating to unworn falsification to authorities. Dated: ;?es L. Bauer CERTIFICATE OF SERVICE I, John W. Purcell, Jr., Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by forwarding said copy to its attorney at the following address, by first class U.S. Mail on March 14, 2006: William C. Cramer, Esquire 14 North Main Street, Suite 414 Chambersburg, PA 17201 Attorney for the Defendant JOHN . PUR JR. O. 29955 = c. n t 47 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES L. BAUER, : Civil Action - Law Plaintiff VS. No. 04-6058 EAST COAST CUSTOM AUTO BODY & COLLISION, INC., Defendant DEFENDANT'S ANSWER TO PLAINTIFF'S NEW MATTER IN RESPONSE TO DEFENDANT'S NEW MATTER 23. Denied, as a conclusion of law to which no responsive pleading is required. Further denied for those averments set forth in Defendant's New Matter, all of which are incorporated herein by reference thereto. Respectfully?u r(iitte illiam C. Cramer Attorney for Defendant 14 North Main Street, Ste. 414 Chambersburg, PA 17201 (717) 264-3711 WILLIAM C. CRAMER ATTORNEY AT LAW CHAMBERSHUNG. RA 1 201 (717) 264-3711 I, Vincent P. Scalavino, being President of East Coast Custom Auto Body & I WILLIAM C. CRAMER ATTORNEY AT LAW GHAMBERSBURG. PA 11201 (7I7) 264-3711 Collision, Inc., verify that the statements made in the attached Defendant's Answer to Plaintiff's New Matter in Response to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: April, 2006 East Coast Custom Auto Body & Collision, Irtc? By Vincent P. Scalavino, President 2 CERTIFICATE OF SERVICE I, William C. Cramer, Attorney for Defendant, hereby certify that on this date I mailed a true and correct copy of the within Defendant's Answer to Plaintiffs New Matter in Response to Defendant's New Matter to John W. Purcell, Jr., Attorney for Plaintiff, 1719 North Front Street, Harrisburg, PA 17102, by ordinary first class mail, postage prepaid i Date: April , 2006 illiam C. Cramer Attorney for Defendant I WILLIAM C. CRAMER ATTORNEY FT LAW CNAMBERSBl1RG. PA 17201 O17) 264-3711 3 e-? `, -i T- `, ' ', , -- [c Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor py - LoQ58 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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