Loading...
HomeMy WebLinkAbout04-6463IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR, Mo MANN REALTY INC., Plaintiff, Defendant. · CIVIL ACTION - EQUITY 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 or 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O0 BOGAR, Plaintiff, : v. : No. Defendant. : MANN REALTY INC., CIVIL ACTION - EQUITY AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veiente (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o pot medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionee a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted pued perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Assoication 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9 0s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR, : Plaintiff, : v. : No. : MANN REALTY INC., : Defendant. : CIVIL ACTION - EQUITY COMPLAINT AND NOW, COMES, Plaintiff, Chadwick O. Bogar, ("Plaintiff"), pro se, and files the within complaint against Defendant, Mann Realty Inc. ("Defendant"), and in support thereof, provides as follows: 1. Plaintiff is an adult individual who currently resides at 133 West Locust Street, Mechanicsburg, Pennsylvania 17055. 2. Defendant is a Pennsylvania corporation with offices located in Lemonye, Pennsylvania. 3. On or about September 1, 2004, Plaintiff purchased a parcel of real estate situated in a planed community known as Allen Glen ("Community") from Defendant for $200,000.00. 4. Pursuant to Section 8.04 of the Community's Declarations attached hereto as Exhibit A, Defendant may exercise a right of first refusal in the event that Plaintiff wishes to sell the property within two years of the aforementioned date of purchase. 5. Plaintiff has entered into a contract to sell the aforementioned real estate on December 30, 2004 at 9:00. 6. On December 22, 2004 Plaintiff was informed that Robert M. Mumma II on behalf of Defendant intends to exercise Defendant's right of first refusal but has refused to turn over the repurchase price of $196,000.00. 7. Upon information and belief, Defendant neither has the financial wherewithal nor intends to repurchase the aforementioned property but is merely attempting to disrupt the aforementioned closing because of his personal animus for Plaintiff. COUNT I BREACH OF CONTRACT/SPECIFIC PERFORMANCE Plaintiff v. Defendant 8. The allegations contained in Paragraphs 1 through 7 are incorporated herein by reference as if fully set forth at length. 9. Defendant has breached the Declaration attached hereto as Exhibit A by refusing to turn over to Plaintiff the sum of $196,000.00. 10. Defendant's breach of the Declaration attached hereto as Exhibit A has irreparably harmed and continues to cause irreparable harm Plaintiff. 11. Only a decree of specific performance will adequately protect the interests of Plaintiff and provide him with the benefits and/or protections promised under the Agreement. 2 WHEREFORE, Plaintiff seeks a decree from this Honorable Court which orders specific performance of the Agreement between the parties. Respectfully submitted, Dated: Chadwick O. Bogar, Attorney I. D. No. 83755 441 Friendship Road Harrisburg, PA 17111 717.909.5920 VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. ! understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Chadwick O. Bogar, Esq. 4 E XHIB IT "A" the Board, or by an Architectural Control Committee composed of three (3) or more Persons appointed by Mann who need not be Property Owners. The Declarant, Board or Architectural Control Committee, as appropriate, shall be referred to herein as the "ACC." The ACC shall give consideration to the quality of materials, harmony of external colors, topography, finished elevations, and location of improvements, among other factors, in determining whether to grant or withhold approval. Finished elevations shall maintain an appropriate aesthetic appearance as determined by the ACC. Any proposed change by an Owner other than Declarant in the existing color or finish of any extedor surface of any building on a Lot sha~l also be submitted to and approved by the ACC, as above provided. An Owner shall submit the following, if applicable, to the ACC, at Box E, Bowmansdale, Pennsylvania 17008, by certified mail, at least forty-five (45) days prior to the projected date of commencement of construction: (i) Building Plans (signed by appropriate licensed professional); (ii) Landscaping Plans (signed by an appropriate licensed professional); (iii) Samptes of materials proposed for exterior surfaces; (iv) $500.00 as a review fee for the ACC; and (v) Such other materials reasonably requested by the ACC (the Owner should contact the ACC for any additional requirements). In the event the ACC disapproves such design or location, the ACC shall indicate in writing the reasons for disapproval and may suggest modifications that will make the proposed plans and specifications acceptable. The decision of the ACC is final, and no appeal may be taken from said decision. The Owner must then resubmit plans and specifications within the same time frame for further review. In the event the ACC, as above provided, fails to approve or disapprove such design and location within forty-five (45) days after the initial submission or within twenty (20) days after said plans and specifications have been resubmitted to it, approval will not be required and the provisions of this Article will be deemed to have been fully complied with. 8.02. RESERVED. 8.03. Ruilding Iocation. No buildings or structures shall be located on each Lot without taking into consideration views within the Premises and views of Lot Owners as determined by the Declarant, the Board, or the Architectural Control Committee, as above provided. 8.04. Declarant Repurchase Option. The Owner(s) of each Lot or Lots shall, within twelve (12) months from the date of settlement, commence construction of the single family detached dwelling to be constructed upon the Lot or Lots. in the event that the Owner(s) shall fail to commence construction within such twelve (12) months, then such Owner(s) shall, at the option of Declarant, reconvey the Lot or Lots to -16- 695 PACE t,544 Declarant, for the same consideration which Owner(s) paid for the subject Lot or Lots, and the Owner(s) shall also pay all realty transfer taxes assessed in connection with reconveyance. Declarant, or its designees, reserve the right, at its option, to extend, in wdting, the date on which construction must commence. Construction with respect to 'the single family detached dwelling, to include the garage, must be completed within twelve (12) months after construction has begun but not later than two (2) years following the date of settlement, unless the date of commencement has been extended by Declarant, or its designees, in writing. In the event that the Owner(s) shall elect to convey the Lot or Lots conveyed to them dudng the twelve (12) months following the date of the initial settlement, then the successor Owner(s) shall be required to commence construction within twelve (12) months from the date that the Lot was conveyed by Declarant to the initial Owner(s). Any successor Owner(s) must complete the single family detached dwelling, to include the garage, within two (2) years from the initial settlement. Declarant reserves the right, as set forth above, to extend the date on which construction must commence or be completed, or both, for the successor Owner(s). In the event that the Owner(s) shall purchase two or more Lots and shall use all Lots purchased as part of his, her or their principal residence and, in the future, more than twelve (12) months after his, her or their settlement, and the Owner(s) desire to sell one or more Lots to a successor Owner(s), then, in that event, the successor Owner(s) shall be required to commence construction within twelve (12) months from the date of their settlement for the Lot or Lots and shall be required to complete construction of the single family detached dwelling, to include the garage, within two (2) years from the date of that settlement. Declarant reserves the right to extend the date on which construction must commence and the date upon which the construction must be completed. ARTIC. LF IX U.qFR, PIJRPO~F~ ANr~ RFRTRiC':.TIQNR; LFARFS 9.01. Restrictions. The Planned Community Premises referred to in this Declaration is subject to all covenants, restrictions, easements of record and other title exceptions set forth in Exhibit "D" and to the following restrictions: (a) LLs.as. Allen Glen is hereby restricted to single family homes, and ancillary and accessory uses and buildings or structures in connection therewith. The minimum finished heated living space above the ground elevation for each single family dwelling erected on the Lots shall be 3,500 square feet, exclusive of garages and basements. All buildings or structures erected in Allen Glen shall be of new construction and no buildings or structures shall be removed from other locations to Allen Glen. No building or structure of a -l?- bOOK 695 ¢'ACE1.545 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, CHADWICK O. BOGAR, Plaintiff, V. MANN REALTY INC., · No. OW-- Defendant. · CIVIL ACTION - EQUITY Defendant. 2. The Complaint sets forth a single claim against Defendant relating to its breach of contract ("Contract"). See Complaint, Exhibit "A.' 3. The very nature of the breach of the Contract, i.e., Defendant's failure to fully exercise its right of first refusal to repurchase real property, presents an issue of immediate and irreparable harm to Plaintiff. 4. The requested injunction would restore the parties to the status quo as it existed immediately prior to Defendant's breach of the Contract. 6. Greater injury would result from the denial of the requested injunction than from the granting of the same. 7. Plaintiff's right to relief is clear. 8. Plaintiff lacks an adequate remedy at law. PLAINTIFF'S PETITION FOR PRELIMINARY INIUNCTION AND NOw, COMES, Plaintiff, Chadwick O. Bogar ("Plaintiff") pursuant to the provisions of Pa. R.C.P. '§ 1531, and makes the following petition for preliminary injunction and, in support thereof, avers: 1. On December 22, 2004, Plaintiff filed its Complaint against 9. A bond in the amount of $100 should be adequate in the event that it is later determined that the issuance of the instant petition was in error. WHEREFORE, Plaintiff respectfully requests that this Honorable Court schedule an immediate hearing on his request for injunctive relief, ~ind thereafter issue a Decree ordering specific performance of the Contract by and between the parties hereto. Dated:[L(7~ / 6~.( Respectfully submitted, Chadwick O. Bogar ~ Attorney I.D. No. 83755 441 Friendship Road Harrisburg, PA 17055 (717) 909-5920 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR, MANN REALTY INC., Mo Plaintiff, Defendant. · CIVIL ACTION - EQUITY AND NOW, this ORDER day of J~3 ~-c. ,2004, a hearing in the above-captioned matter on Plaintiff's petition for the issuance of a preliminary injunction is scheduled for ~.~ ~ ~ ,2004, at q f ,~D ~..m. in Court Room No. j _, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: DEC 2 2 200 , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR, : Plaintiff, : v. : No. : MANN REALTY INC., : Defendant. : CIVIL AC. TION - EQUITY PLAINTIFF'S PETITION FOR PRELIMINARY INFUNCTION AND NOW, COMES, Plaintiff, Chadwick O. Bogar ("Plaintiff") pursuant to the provisions of Pa. R.C.P. § 1531, and makes the following petition for preliminary injunction and, in support thereof, avers: 1. On December 22, 2004, Plaintiff filed its Complaint against Defendant. 2. The Complaint sets forth a single claim against Defendant relating to its breach of contract ("Contract"). See Complaint, Exhibit "A.' 3. The very nature of the breach of the Contract~, i.e., Defendant's failure to fully exercise its right of first refusal to repurchase real property, presents an issue of immediate and irreparable harm to Plaintiff. 4. The requested injunction would restore the parties to the status quo as it existed immediately prior to Defendant's breach of the Contract. 6. Greater injury would result from the denial of the requested injunction than from the granting of the same. 7. Plaintiff's right to relief is clear. 8. Plaintiff lacks an adequate remedy at law. 9. A bond in the amount of $100 should be adequate in the event that it is later determined that the issuance of the instant petition was in error. WHEREFORE, Plaintiff respectfully requests that ~this Honorable Court schedule an immediate hearing on his request for injunctive relief, and thereafter issue a Decree ordering specific performance of the Contract by and between the parties hereto. Re~pectfully submitted, Dated: iL [7,-~ Ix a~.[, By Chadwick O. Bogar Attorney I.D. No. 83755 441 Friendship Road Hairrisburg, PA 17055 (71'7) 909-5920 EXHIBIT "A" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNISYLVANIA CHADWICK O. BOGAR, Plaintiff, : v. : No. Defendant. : MANN REALTY INC., CIVIL ACTION - EQUITY 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 wi!thin 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 cilaim or 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR, Plaintiff, : v. : No. Defendant. : MANN REALTY INC., CIVIL ACTION - EQUITY AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veiente (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o pot medio de un abogado una comparecencia escrita y radicando en la Corte por escritc, sus defensas de, y objeccionee a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo pot cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado pot el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted pued perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SE' ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Assoication 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 CHADWICK O. BOGAR, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : v. : No. : MANN REALTY INC., : Defendant. : CIVIL ACTION - EQUITY COMPLAINT AND NOW, COMES, Plaintiff, Chadwick O. Boga:t, ("Plaintiff"), pro se, and files the within complaint against Defendant, Mann Realty Inc. ("Defendant"), and in support thereof, provides as follows: 1. Plaintiff is an adult individual who currently resides at 133 West Locust Street, Mechanicsburg, Pennsylvania 17055. 2. Defendant is a Pennsylvania corporation with offices located in Lemonye, Pennsylvania. 3. On or about September 1, 2004, Plaintiff purchased a parcel of real estate situated in a planed community known as Allen Glen ("Community") from Defendant for $200,000.00. 4. Pursuant to Section 8.04 of the Community's Declarations attached hereto as Exhibit A, Defendant may exercise a right of first refusal in the event that Plaintiff wishes to sell the property within two years of the aforementioned date of purchase. 5. Plaintiff has entered into a contract to sell the aforementioned real estate on December 30, 2004 at 9:00. 6. On December 22, 2004 Plaintiff was informed that Robert M. Mumma II on behalf of Defendant intends to exercise Defendant's right of first refusal but has refused to turn over the repurchase price of $196,000.00. 7. Upon information and belief, Defendant neither has the financial wherewithal nor intends to repurchase the aforementioned property but is merely attempting to disrupt the aforementioned closing because of his personal animus for Plaintiff. COUNT I BREACH OF CONTRACT/SPECIFIC PERFORMANCE Plaintiff v. Defendant 8. The allegations contained in Paragraphs 1 tic,rough 7 are incorporated herein by reference as if fully set forth at length. 9. Defendant has breached the Declaration attached hereto as Exhibit A by refusing to turn over to Plaintiff the sum of $196,000.00. 10. Defendant's breach of the Declaration attached hereto as Exhibit A has irreparably harmed and continues to cause irreparable harm Plaintiff. 11. Only a decree of specific performance will adequately protect the interests of Plaintiff and provide him with the benefits and/or protections promised under the Agreement. WHEREFORE, Plaintiff seeks a decree from this Honorable Court which orders specific performance of the Agreement between the parties. Respectfully submitted, Dated: IZ ['2'"L [ O(-~ ' Chadwick: O. Bogar, Esq. Attorney I. D. No. 83755 441 Friendship Road Harrisburg, PA 17111 717.909.59'20 VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing Complaint are true and correct to the best of my knowleclge, information and belief. I understand that any false statements therein are subject 1:o the penalties contained in 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. ~c~< O. Bogar, Esq. EXHIBIT "A" the Board, or by an Architectural Control Committee composed of three (3) or more Persons appointed by Mann who need not be Property Owners. The Declarant, Board or Architectural Control Committee, as appropriate, shall be referred to herein as the "ACC." The ACC shall give consideration to the quality of materials, harmony of external colors, topography, finished elevations, and location of improvements, among other factors, in determining whether to grant or withhold approval. Finished elevations shall maintain an appropriate aesthetic appearance as determined by the ACC. Any proposed change by an Owner other than Declarant in the existing color or finish of any exterior surface of any building on a Lot shall also be submitted to and approved by the ACC, as above provided. An Owner shall submit the following, if applicable, to the ACC, at Box E, Bowmansdale, Pennsylvania 17008, by certified mail, at least forty-five (45) days prior to the projected date of commencement of construction: (i) Building Plans (signed by appropriate licensed professional); (ii) Landscaping Plans (signed by an appropriate licensed professional); (iii) Samples of materials proposed for exterior surfaces; (iv) $500.00 as a review fee for the ACC; and (v) Such other materials reasonably requested by the ACC (the Owner should contact the ACC for any additional requirements). In the event the ACC disapproves such design or location, the ACC shall indicate in writing the reasons for disapproval and may suggest modifications that will make the proposed plans and specifications acceptable, The decision of the ACC is final, and no appeal may be taken from said decision. The Owner must then resubmit plans and specifications within the same time frame for fudher review. In the event the ACC, as above provided, fails to approve or disapprove such desigr~ and location within forty-five (45) days after the initial submission or within twenty (20) days after said plans and specifications have been resubmitted to it, approval will not be required and the provisions of this Article will be deemed to have been fully complied with. 8.02. RESERVED. 8.03. Building Location. No buildings or structures shall be located on each Lot without taking into consideration views within the Premises and views of Lot Owners as determined by the Declarant, the Board, or the Architectural Control Committee, as above provided. 8.04. Declarant Repurchase Qption. The Owner{s) of each Lot or Lots shall, within twelve (12) months from the date of settlement, commence construction of the single family detached dwelling to be constructed upon the Lot or Lots. In the event that the Owner(s) shall fail to commence construction within such twelve (12) months, then such Owner(s) shall, at the option of Declarant, reconvey the Lot or Lots to -')6- BOOK 69.5 PACE ]_,544 Declarant, for the same consideration which Owner(s) paid for the subject Lot or Lots, and the Owner(s) shall also pay all realty transfer taxes assessed in connection with reconveyance. Declarant, or its designees, reserve the dght, at its option, to extend, in writing, the date on which construction must commence,. Construction with respect to 'the single family detached dwelling, to include the garage, must be completed within twelve (12) months after construction has begun but not later than two (2) years following the date of settlement, unless the date of commencement has been extended by Declarant, or its designees, in writing. In the event that the Owner(s) shall elect to convey the Lot or Lots conveyed to them during the twelve (12) months following the date of' the initial settlement, then the successor Owner(s) shall be required to commence construction within twelve (12) months from the date that the Lot was conveyed by Declarant to the initial Owner(s). Any successor Owner(s) must complete the single family detached dwelling, to include the garage, within two (2) years from the initial settlement. Declarant reserves the right, as set forth above, to extend the date on which construction must commence or be completed, or both, for the successor Owner(s). In the event that the Owner(s) shall purchase two or more Lots and shall use all Lots purchased as part of his, her or their principal residence and, in the future, more than twelve (12) months after his, her or their settlement, and the Owner(s) desire to sell one or more Lots to a successor Owner(s), then, in that evenl, the successor Owner(s) shall be required to commence construction within twelve (12) months from the date of their settlement for the Lot or Lots and shall be required to complete construction of the single family detached dwelling, to include the garage, within two (2) years from the date of that settlement. Declarant reserve.,; the right to extend the date on which construction must commence and the date upon which the construction must be completed. USES: PUR_PQSES AND RESTRICTION~S; LEASES 9.01. J~s~r. jc_,t~. The Planned Community Premi.,~es referred to in this Declaration is subject to all covenants, restrictions, easements of record and other title exceptions set forth in Exhibit "D" and to the following restrictions: (a) L~. Allen Glen is hereby restricted to single family homes, and ancillary and accessory uses and buildings or structures in connection therewith. The minimum finished heated living space above the ground elevation for each single family dwelling erected on the Lots shall be 3,500 square feet, exclusive of garages and basements. All buildings or structures erected in Allen Glen shall be of new construction and no buildings or structures shall be removed from other locations to Allen Glen. No building or structure of a -l?- 695 ¢,,c;. 1.545 CHADWICK O. BOGAR,: Plaintiff : V. : MANN REALTY, INC., : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6463 CIVIL TE[~vl ORDER OF COURT AND NOW, this 29th day of December, 2004, upon~ consideration of the Praecipe To Withdraw filed in the above matter on December 29, 2'004, the hearing scheduled for December 29, 2004, on Plaintiff's preliminary injunction request, is cancelled. BY THE COURT, ,~adwick O. Bogar, Esq. 441 Friendship Road Suite 102 Harrisburg, PA 17111 Attorney for Plaintiff '~irk Sohonage, Esq. Daryl E. christopher, Esq. P.O. Box 480 Camp Hill, PA 17001 :rc 0 ! :II ~ 6Z 37t0 ~OOZ IN THE COURT OF COMMON ]?LEAS CUMBERLAND COUNTY, PENNSYLVANIA CHADWICK O. BOGAR, : Plaintiff, : : v. : No.: 04-6463 : MANN REALTY INC., : Defendant. : CIVIL ACTION - EQUITY PRAECIPE TO WITHDRAYV TO THE PROTHONOTARY: Kindly mark the above-captioned Complaint which was filed in your office on December 22, 2004 as withdrawn without prejudice. Respectfully submitted, Dated: [2- [ ~ ~/~('d By: Chadwick O. Bogar, P~o ~ Attorney I.D. No.: 83755 441 Friendship Road, Suite 102 Harrisburg, PA 17111 (717) 909-5920 CERTIFICATE OF SERVICF. I hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw was served via facsimile and first-class United States mail, postage prepaid, upon the following: Kirk Sohonage, Esquire Daryl E. Christopher, Esquire SOHONAGE & CHRISTOPHER P.O. Box 480 Camp Hill, PA 17001 Fax (717) 612-9722 Dated: By: Christy A. L~aralegal (~