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Home My WebLink About13-6613 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of Cumberland FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. I 3--66l 3 L)a. 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. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ Barbara A. Mixell 09-2-01 Hon. Paul M. Fegley ADDRESS OF APPELLANT CITY STATE ZIP CODE 335 Old Mill Rod Carlisle PA 17013 DATE OF JUDGMENT THE CASE OF(Plaintiff) (DefendanQ' 11 /1 /2013 Barbara A. Mixell Brenda K. Mixell DOCKET No. SIG TURE OF APPELLANT 0 TTO Y OR AGENT 4Trorr 1oi I ft IL4 I MDJ-09201 -LT-0000104-2013 This block will be signed ONLY when this notation is required under Pa. If appellant wa Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty (20)days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7)in action before Magisterial District Judge. IF NOT USED,detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s),to file a complaint in this appeal Name of appellee(s) (Common Pleas No. )within twenty(20)days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To ,appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy VINVA1ASNN5d AuNfO3 ONV1838Wf13 YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. Ltt I WV 8- AON£I8 /703.saPa 4-q7 AOPC 312-05 ' ? . I' O{ ._N I d 3H 1 .' _:'Li0-C±?(i r Gk N31 R X9799/ COMMONWEALTH OF PENNSYLVANIA - Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-2-01 Barbara A Mixell MDJ Name: Honorable Paul M Fegley V. Address: 2260 Spring Road, Suite 3 Brenda K Mixell Carlisle, PA 17013 Telephone: 717-218-5250 James M. Robinson, Esq. Docket No: MJ-09201-LT-0000104-2013 Turo Robinson Case Filed: 10/15/2013 129 S Pitt St Carlisle, PA 17013 Disposition Details Grant possession. No Grant possession if money judgment is not satisfied by the time of eviction. No Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09201-LT-0000104-2013 Barbara A Mixell Brenda K Mixell Judgment for Plaintiff 11/01/2013 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Barbara A Mixell $0.00 $0.00 $0.00 Brenda K Mixell $0.00 $2,000.00 $2,000.00 Judgment Finding (*Post Judgment) In the matter of Barbara A Mixell vs. Brenda K Mixell on MJ-09201-LT-0000104-2013, on 11/01/2013 the judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Physical Damages to Property $0.00 $2,000.00 $2,000.00 Grand Total: $2,000.00 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 PROTHONOTARY/CLERK 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 SUPERSEDEAS,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: 11/01/2013 10:52:59AM Barbara A Mixell Docket No.: MJ-09201-LT-0000104-2013 v. Brenda K Mixell pw°pC Cn'M 111/k : 4441 Di.' Date Magisterial District Judge Paul M Fegley 04-2.' I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 2 of 3 Printed: 11/01/2013 10:52:59AM Barbara A Mixell Docket No.: MJ-09201-LT-0000104-2013 v. Brenda K Mixell Participant List Private(s) Harold S. Irwin III, Esq. Irwin Law Office 64 S Pitt St Carlisle, PA 17013 Plaintiff(s) Barbara A Mixell 335 Old Mill Road Carlisle, PA 17015 Defendant(s) Brenda K Mixell 337 Old Mill Road Carlisle,PA 17015 Complainant's Attorney(s) James M. Robinson, Esq. Turo Robinson 129 S Pitt St Carlisle, PA 17013 MDJS 315A Page 3 of 3 Printed: 11/01/2013 10:52:59AM *Comment: 1. The parties both agreed to a"Deal"as made evident by the fact the plaintiff did not argue the defendant's statement that it was a"Deal". The defendant was to pay $30,000.00, the electric bill,taxes and yard maintenance which the defendant did. In exchange for the defendants right to live at 337 Old Mill Rd with some health care to be given by the Plaintiff "forever". 2. There was no discussion as to monthly rent to be paid by defendant after a certain time. Thus the parties agreed to a"Deal"not a landlord tenant contract. 3. The statement by the Plaintiff's witness Rich Mixell (son to Plaintiff) "miraculous recovery"would indicate the Plaintiff never expected the Defendant to remain at 337 Old Mill Rd as long as she has, and now wishes to back out of the "Deal" 4. The Plaintiff should expect normal wear and tear of the property when someone is using it as a residence however..... 5. The Plaintiff should not be expected to be fully financially responsible for repair or replacement for building materials (carpet, trim,paint....)at 337 Old Mill Rd when the Defendant had upwards of 30 cats in the home. 6. Evidence was provided by the Defendant that the trim and paint destroyed by the cats was restained and painted and the carpet was cleaned. However destroyed trim and flooring is still destroyed and will at sometime need replaced. 7. Therefore the judgment is as follows: a. Plaintiff request for possession is denied b. Plaintiff will be liable for Court cost $175.48 c. Defendant will pay the amount of$2,000.00 to Plaintiff for future repaid and replacement of damage to home due to the cats, to be used after defendant is no longer a resident of 337 Old Mill Rd. d. The $2,000.00 judgment shall be paid to the Plaintiff by the Defendant no later than 365 days after receipt of this judgment letter. t, PRO iii`. PROiH i-10 'i,;. . 2013 NOV 18 PM 2. 4 0 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; ss AFFIDAVIT: I hereby(swear)(affirm)that I served al)t3-of(40l3 Na copy of the Notice of Appeal,Common Pleas No. ■ , upon the Magisterial District Judge designated therein on ' ` III (date of service)8 ,20 13 , ❑ by personal service by(certified)(regiotcred7 mail, 11412 o g. .t,..ix.1 ES9. Trbrnel Fo/LT-)e. A ppeCt-e- -- sender's receipt attached hereto,and uponptt o appolloo,(named ,do bn) I I) b120 13 ❑by personal service by(certified)(regietered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME THIS N DAY OF NOV.,20 '3 �, " . III• i / n � Signature of�fficial lore whom affida it was made . • ature of affia 1 ryTitle of official My commission expires on P■Pr•• ,20 I la ag COMMONWEALTH OF PENNSYLVANIA 1. Notarial Seal Tracy Lyn Sharp,Notary Public Carlisle Boro,Cumberland County My Commission Expires April 29,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES AOPC 312A-05 SENDER: COM°LLTE THf.S SECTION coup,FTE TNtS S1 TiON ON I)E_LIVERY st Complete items 1,2,and 3.Also complete A Sig ure item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. . Received by(Printed Woe) C. Date of Delivery • Attach this card to the back of the mailpiece, /� ,v_ or on the front if space permits. t� V� D. Is delivery address different from item 1? ❑YYYes 1. Article Addressed to: If YES,enter delivery address below: ❑No /4 o*1 . PAU L G Le f o9-z-o t a at two Spie►1.1 LI-A.) 3.rice ice Type SL e t PA ) p/3 Certified Mali CI Express Mail Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number 7012 2210 0002 -3059 9919 t,. (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE ?H' , `aE:_ '? JA, In F7': T-1! t TION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Ignire item 4 if Restricted Delivery is desired. 4grA 40 i " • Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. Received by(Printed Name) C. D.e of D=ivery • Attach this card to the back of the mailpiece, if/ / or on the front if space permits. D. Is delive. ad I T eren ••m item 1? ❑ -s 1. Article Addressed to: If YE en = •slivery=-.,— .slow: ❑No 4. i4, Ln 5. ;.?, ]33 �s y S. R-."rc SN—( eT" 3. S rvice T •- S I 1 t (� Certified Mail ❑Express Mail C A ,S(.e PA 17 C'13 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mali ❑C.O.D. 4. Restricted Delivery?(Extra Fes) ❑yes 2. Article unlfjgr,l SE -, 7012 2210 0002 3059 9902 (Tlensfe hdfiNICB l �f • PS Form 3811,February 2004 Domestic Return Receipt �— 102595-02-M-154o BARBARA A. MIXELL, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.13-6613 CIVIL ACTION BRENDA K. MIXELL, CIVIL ACTION - LAW Defendant 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 aft 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 Bedford Street Carlisle, PA 17013 ; (717)249-3166 + _ c:, C) BARBARA A. MIXELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 13-6613 CIVIL ACTION BRENDA K. MIXELL, CIVIL ACTION - LAW Defendant COMPLAINT 1. Plaintiff, Barbara A. Mixell, an adult individual, resides at 335 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant, Brenda K. Mixell, an adult individual,is the sister of Plaintiff's husband and resides at 337 Old Mill Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. The property at which Defendant resides, located at 337 Old Mill Road, Carlisle, Pennsylvania, is owned by Plaintiff and her husband pursuant to a deed recorded in the Office of the Recorder of Deeds in and for Cumberland County at Deed Book"E", Volume 31, Page 1060, is adjacent to Plaintiff s residence, and is occupied by a mobile home also owned by Plaintiff and her husband. 4. During the summer of 2005, Defendant was in very poor health and Plaintiff was traveling back and forth to Defendant's home regularly to provide care to Defendant. 5. Because she was tired of traveling to Defendant's home, had heard that Defendant's landlord had threatened eviction, and knew that Defendant's sister would not allow Defendant to move in with her because of Defendant's numerous cats, Plaintiff suggested that Defendant move into the mobile home at which Defendant presently resides. 6. It was agreed that Defendant would pay to Plaintiff the sum of Thirty Thousand Dollars ($30,000.00) and the real estate taxes on the property, Plaintiff would care for Defendant, and Defendant would move into the mobile home located on Plaintiff's adjacent property, which sum was paid by Defendant. 7. Plaintiff provided an eviction notice to Tina Smith,the tenant then occupying the mobile home,who had been paying monthly rent of$550.00,requiring that she and her daughter vacate the premises by November 1, 2005,to which Tina Smith complied. See Exhibit "A" attached hereto and made a part hereof. 8. Defendant occupied the premises on or about November 5, 2005. 9. No contract, agreement, lease or writing of any type was ever executed between Plaintiff and Defendant to memorialize this transaction. 10. Defendant has never paid any rent to Plaintiff. 11. Plaintiff continued to care for Defendant for several years until Defendant began accusing Plaintiff of trying to kill her, creating friction in Plaintiff's husband's family, and making false accusations against Plaintiff's husband and son to police. 12. Because of the continuing conflict between Plaintiff and Defendant and the increased damage to the mobile home and Plaintiff's other property caused by Defendant's cats, which are permitted to roam outside unattended at all times, Plaintiff served a Notice of Eviction on Defendant on November 28, 2012 requiring that Plaintiff vacate the premises by January 1, 2013. See Exhibit"B" attached hereto and made a part hereof. 13. When Defendant refused to vacate, Plaintiff attempted one more time to resolve the matter amicably,however Plaintiff served a Notice of Eviction on Defendant on August 23, 2013. See Exhibit"C"attached hereto and made a part hereof. 14. Defendant has refused to vacate the property or to accept any alternate arrangements, including the Plaintiff's offer that Defendant may remove the mobile home to an alternate site. COUNT I: POSSESSION 15. Paragraphs 1-14 are incorporated herein as if set forth at length. 16. Pursuant to the Statute of Frauds, one of the oldest recognized tenets in common law and codified at 33 P.S. § 1, any lease or interest in lands not put in writing and signed by the parties shall have only the force and effect of a lease at will only, and shall not be deemed to have any greater force or effect, consideration for making such lease notwithstanding. 17. The Landlord and Tenant Act of 1951, at 68 P.S. § 250.202, states that"Real property . . . may be leased for a term of more than three years . . . in writing. Any such lease must be in writing and signed by the parties making or creating the same, otherwise it shall have the force and effect of a lease at will only . . . notwithstanding any consideration therefor." 18. Recognizing this relationship as an at-will lease, Plaintiff has complied with the provisions of The Landlord and Tenant Act of 1951 as it relates to recovery of possession, specifically § 250-501 of the Act,Notices to quit, and has proceeded through the Magisterial District Judge to request possession of the property and, despite the Statute of Frauds and The Landlord and Tenant Act of 1951, was denied possession. WHEREFORE, Plaintiff Barbara A. Mixell, for the reasons set forth above, prays that this Honorable Court will issue a judgment in her favor and against the Defendant Brenda K. Mixell granting Plaintiff possession of her property. COUNT II: DAMAGE TO PREMISES 19. Paragraphs 1-18 are incorporated herein as if set forth at length. 20. Because Defendant allows her cats to roam outside unattended,they have caused considerable damage to Plaintiff's adjoining property and vehicles parked on Plaintiff's driveway, which damage has always been repaired at Plaintiff's sole expense. 21. As a direct and proximate result of these cats,woodwork, walls and carpeting in the mobile home owned by Plaintiff and occupied by Defendant have been greatly damaged or ruined and require replacement, as evidence by the photographs attached hereto and made a part hereof as Exhibit"D". 22. Plaintiff contacted Sipe & Sons Excavating and requested an estimate to repair the damages to the Mobile Home. Sipe& Sons Excavating was not able to gain access to the premises, but provided Defendant with a written estimate based on the photographs provided by Plaintiff, which estimate indicates that repairs could be made for the sum of Five Thousand ($5,000.00)Dollars. See Exhibit"E" attached hereto and made a part hereof. WHEREFORE,.Plaintiff Barbara A. Mixell, for the reasons set forth above, prays that this Honorable Court issue judgment in her favor and against Defendant Brenda K. Mixell in the sum of$5,000.00. COUNT III: UNJUST DETENTION 23. Paragraphs 1-22 are incorporated herein as if set forth at length. 24. After attempting to resolve this matter amicably, and after serving an Eviction Notice on Defendant requiring that she vacate the premises by January 1, 2013, Defendant continued to occupy the premises. 25. Pursuant to the Statute of Frauds and The Landlord and Tenant Act of 1951, Defendant had no legal right to remain on the premises. 26. As a direct result of Defendant's failure to vacate the premises, Plaintiff has been unable to lease the Mobile Home to another tenant who would pay a monthly rent to Plaintiff. 27. Had Defendant vacated the premises on January 1, 2013 as demanded in Plaintiff's Eviction Notice, Plaintiff could have received monthly rent of$550.00 from February through November, 2013, a total of$$5,500.00. WHEREFORE,Plaintiff Barbara A. Mixell, for the reasons set forth above, prays that this Honorable Court issue judgment in her favor and against Defendant Brenda K. Mixell in the sum of$5,500.00. Respectfully Submitted, TURO ROBINSON ATTORNEYS AT LAW i 1 Zto' t3 Date J es . Robinson Su re e Court No. 8/3 3 129 South Pitt Street Carlisle, PA 17013 (717)245-9688 Attorney for Plaintiff rl -nU vIr- EXHIBIT 9 4 Led l�oV, ses -e& 4e- 64 l( ►P�- i 7� .ec� v-F t are GA dak a 1 S SuO-rn -1 T�U U rc 49 i w r ;fat I A AA-W- 4-L EXHIBIT Vi i i 33 '1 _0.[c( Q. 7 4o ffv)b.c_1e _. . I -- i i E . ti C044c . ,� jn t scs F,P..�r✓L �� . G��_ . .- � IS�u.c�rlCe. �-� �1 c5 �o cep- , p i ad' -AA 0,A-3 72-0 L3 t� .... .. .... w. EXHIBIT C- ., .,AIN IJ>J k-,AMEN u 1:!3 1 imy- l Ll PAGE NO. r OFD_ 'ROPERTY NAME AND R S LOCATION ;ONTACT PERSON R '^ if PHONE N�118E DATE ^ °ROPERTY MEASUF9EMo- `) BED/GARDEN SIZE LAWN SIZE (1 SOIL TYPE ` /�,.�� IRRIGATION J,4 TREES TYPE SIZE OTY. TOT HOURS @ TOTAL _ r DESIGN/PLANNING , — Sipe & Soso Excavating GRADING _ Al Types of Excavating• SOIL PREPARATION , n 341 Old Mill Road ` PLANTING Carlisle,Pa 1 7013 +L MULCHING f G > , 41 - ` EDGING&BORDERS r ho (717)'444.1890 PRUNING , ` FERTILIZING , r FL6 L LAWN INSTALLATION hp FREE ESTIMATES! "We Do DiriCheap!" SOD SEEDING r r TOTAL , LAWN MAINTENANCE r MOWING QTY. PRICE TOTAId THATCHING SOIL AERIFICATION r MULCH ; RAKING r,o PEAT MOSS N, FERTILIZING r PEAT HUMUS ; WEED CONTROL WOOD CHIPS BARK I ! MASONRY&STONE WORK I e Srir;EDDEO CYPRESS I 5 UilEWALLS MANURE STAIRS r LOAM TERRACING �-�, C%C7 I r CLAY ; WALKWAYS Lr ' r SAND PATIOS C>!1! GRAVEL LIME WATER FEATURES r FERTILIZER ; INSTALL POND r VERMICULI i INSTALL WATER FOUNTAIN I k%-rc ' OTHE C- TOTAL ; IRRIGATION SPRINKLER r QTY. PRICE AL DRAINAGE i ' L)M MISCELLANEOUS ' r r ROTOTILLING -TOTAL., POST HOLE DIGGING ' !I STUMP REMOVAL&GRINDING r 7SQ. T PRICE TOT SPRING/FALL CLEANUP SOD DEBRIS REMOVAL S PRICE TOTAL TOTAL LABOR SEED TOTAL PLANTS TOTAL Corr. FjcU'� TOTAL MATERIALS ) ,3c*.,pc> TOTAL LANDSCAPE FABRIC i PRICE TOTAL TOTAL LAWN MATERIALS , STONE r TAIL HARD MATERIALS BRICK EXHIBIT [ DELIVERY CHARGE WOOD i �1 EQUIPMENT CHARGE E TOTAL TOTAL r7C9tI' , l � Y i � Y A t , ,1 a- i 1 - `',�t�•�) ptc_;vp_ le I r l c m . EXHIBIT y`v Tat" w € ti w # t' ' r psi w rt <r 3 r r.� Vw KI ZQ s .a, N` Ott 1 j qty -` 4 }d } 4s�lt�w• p� cTvR� 57 P• �;z.r2E f- l too �� VERIFICATION I verify that the statements made in the foregoing Complaint 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. l ,R&Lq®13 Date Barbara A. Mixell CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Complaint by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the 26th day of November, 2013, from Carlisle, Pennsylvania, addressed as follows: Harold S. Irwin III, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 TURO ROBINSON ATTORNEYS AT LAW Jame . Robins n, Esquire 129 S V h Pitt St et Carlisle, PA 1701 (717) 245-9688 Supreme Court I.D. No. 84133 Attorney for the Plaintiff HAROLD S. IRWIN, III, ESQ SUPREME COURT ID NO 29920 64 SOUTH PITT STREET CARLISLE, PA 17013 717-243-6090 ATTORNEY FOR DEFENDANT WERT BARBARA A. MIXELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA i • i Y. : CIVIL ACTION - LAW 020/3 BRENDA K. MIXELL, : NO.X0•14-- 6613 CIVIL TERM Defendant NOTICE TO PLEAD TO: BARBARA A. MIXELL, plaintiff: You are hereby notified to plead to the within New Matter within twenty (20) days from service hereof or a default judgment may be entere• ag. inst you. December / , 2013 (.41111■A 11111 HAROLD S. IRWI , Ill Attorney for Defe 'ant 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 i y'� q� I co <L3 _l w. BARBARA A. MIXELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. : CIVIL ACTION - LAW BRENDA K. MIXELL, : NO. 2014- 6613 CIVIL TERM Defendant ANSWER WITH NEW MATTER NOW comes the defendant, by her attorney, Harold S. Irwin, Ill, Esquire, and files this response to plaintiffs' complaint, representing as follows: 1. The averments of this paragraph of plaintiff's complaint are admitted. 2. The averments of this paragraph of plaintiff's complaint are admitted. 3. The averments of this paragraph of plaintiff's complaint are admitted. 4. The averments of this paragraph of plaintiff's complaint are admitted. 5. The averments of this paragraph of plaintiff's complaint are admitted except it is denied that defendant's previous landlord had threatened eviction. 6. The averments of this paragraph of plaintiff's complaint are admitted. 7. The averments of this paragraph of plaintiff's complaint are admitted. 8. The averments of this paragraph of plaintiff's complaint are admitted. 9. The averments of this paragraph of plaintiff's complaint are admitted, except for the writing which is attached to plaintiff's complaint as Exhibit "A". • 10. The averments of this paragraph of plaintiff's complaint are admitted, except defendant did pay the sum of$30,000 upfront to plaintiff and has paid the.real estate taxes since moving into the property on the strength of plaintiff's commitment to care for her and permit her to live in the mobile home for as long as she desired. 11. The averments of this paragraph of plaintiff's complaint are admitted in part and denied in part. It is admitted the plaintiff did provide some level of care to defendant/until sometime in March, 2006, when such care was discontinued. The remaining averments of this paragraph are denied. 12. The averments of this paragraph of plaintiff's complaint are denied by reason that after reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of why the eviction notice was served and proof thereof is demanded, if relevant. Defendant does admit that she was served with an eviction notice on November 28, 2012. 13. The averments of this paragraph of plaintiff's complaint are admitted in part and denied in part. It is admitted that an eviction notice was served on defendant on August 23, 2013. It is denied that plaintiff made any effort to resolve this matter amicably, On the contrary, plaintiff and her husband have done nothing to resolve this matter. 14. The averments of this paragraph of plaintiff" complaint are denied. Defendant has offered to vacate the mobile home if plaintiff returns the $30,000 defendant paid to plaintiff and her husband. COUNT I - POSSESSION 15. Defendant incorporates by reference her responses to plaintiff's complaint,paragraphs one through fourteen, inclusive, as fully as if set forth herein. 16. The averments of this paragraph of plaintiff's complaint are conclusions of law to which no response is required. 17. The averments of this paragraph of plaintiff's complaint are conclusions of law to which no response is required. 18. The averments of this paragraph of plaintiff's complaint are conclusions of law to which no response is required. However, it is admitted that two Magisterial District Judges have denied plaintiff's claim and dismissed her complaint for the reasons stated in their decisions. WHEREFORE, defendant demands that the complaint be dismissed and that judgment be entered on her behalf and against the plaintiff. COUNT II — DAMAGES TO PREMISES 19. Defendant incorporates by reference her responses to plaintiff's complaint, paragraphs one through eighteen, inclusive, as fully as if set forth herein. 20. The averments of this paragraph of plaintiff's complaint are denied. To the contrary, defendant's cats have not damaged any of plaintiff's property and plaintiff has presented no evidence or testimony of such at two Magisterial District Judge hearings. 21. The averments of this paragraph of plaintiff's complaint are denied. Defendant has repaired minor damages to the mobile home caused by her cats. By way of further response, plaintiff has previously testified that she has not been in the mobile home for over a year and that the pictures attached were taken over a year ago. In addition, plaintiff was fully aware that defendant owned cats when she made her agreement to allow defendant to live in the mobile home upon upfront payment Of$30,000 to plaintiff and her husband. ' 22. The averments of this paragraph of plaintiff's complaint are denied in that plaintiff's contractor has never been inside the mobile home and prepared an estimate purely from one year old photographs and plaintiff's self-serving comments to the contractor. WHEREFORE, defendant,demands that the complaint be dismissed and that judgment be entered on her behalf and against the plaintiff. COUNT III — UNJUST DETENTION 23. Defendant incorporates by reference her responses to plaintiff's complaint, paragraphs one through twenty-two, inclusive, as fully as if set forth herein. 24. The averments of this paragraph of plaintiff's complaint are admitted in part and denied in part. It is admitted that defendant has'not vacated the mobile home. It is denied that plaintiff 1 1 1 made any effort to resolve this matter amicably. On the contrary, plaintiff and her husband have done nothing to resolve this matter. 25. The averments of this paragraph of plaintiff's complaint are conclusions of law to'which no response is required. 26. The averments of this paragraph of plaintiff's complaint are admitted. However, plaintiff has twice acknowledged under oath that she and her husband received full payment from defendant of the $30,000 upfront and that defendant has paid the real estate taxes on the mobile home, which was to secure possession of the residence for defendant for as long as she desired. 27. Thee averments of this paragraph of plaintiff's complaint are denied by reason that after reasonable investigation defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and proof thereof is demanded, if relevant. However, plaintiff. has twice acknowledged under oath that she and her husband received full payment from defendant of the $30,000 upfront and that defendant has paid the real estate taxes on the mobile home, which was to secure possession of the residence for defendant for as long as she desired. WHEREFORE, defendant demands that the complaint be dismissed and that judgment be entered on her behalf and against the plaintiff. NEW MATTER 28. Defendant incorporates by reference her responses to plaintiff's complaint, paragraphs one through twenty-seven, inclusive, as fully as if set forth herein. 29. Plaintiff has twice acknowledged under oath that the parties made an agreement in the Fall of 2005 that defendant could live at the mobil home at 337 Old Mill Road, Carlisle, 1 1 1 Pennsylvania 17015 for as long as she desired, provided she paid to plaintiff and her husband an upfront payment of$30,000, paid the annual real estate taxes on the mobile home, paid her utilities, and paid to maintain the premises. 30. Defendant fully paid the $30,000 prior to moving into the mobile home in November, 2005 and has paid the taxes, utilities, and maintenance since taking possession. 31. In addition, electric to plaintiff's barn and garage is connected to defendant's electric service so when defendant pays her electric defendant is also paying for plaintiff's use of her electric service. 32. Plaintiff has purposefully misrepresented the condition of the premises in that the pictures attached as exhibits to her complaint were taken over one year ago and plaintiff has not been inside the mobile home since that time. 33. Plaintiff has purposefully misrepresented repairs she alleges must be done to the mobile home by attaching as an exhibit an estimate prepared by a contractor who has never been inside the mobile home and prepared the estimate from pictures taken over one year ago and plaintiff's self-serving statements. 34. If defendant has no legal right to remain on the premises as suggested by the plaintiff, then defendant believes and therefore avers that plaintiff and her husband have no legal right to retain the $30,000 she paid upfront to live there for as long as she desired. 35. If defendant has no legal right to remain on the premises as suggested by the plaintiff and plaintiff and her husband retain thy:: 30,G%0 upfront payment, then defendant believes and therefore avers that plaintiff and her husband have been unjustly enriched by receipt of the, $30,000 and the payment by defendant of years of property taxes on the mobile home on their behalf. WHEREFORE, defendant demands that the complaint be dismissed and that judgment be entered on her behalf and against the plaintiff. December 18, 2013 j� Harold S. Irwin, Ill Attorney for Defendant • 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 • VERIFICATION I hereby state that I am the defendant in this action and that the facts and information set forth in the foregoing answer and new matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 1S Pa. C.S.A. Section 4904 relating to unsworn falsificatipn to authorities. December 18, 2013 � ////;/,..‘/Z--7 BRENDA K. MIXELL • + j;, t t 11t 1 hOTNrr! LIO TA HAROLD S. IRWIN, III, ESQ pm 2. SUPREME COURT ID NO 29920 AND co CARLISLE, PA 17013 A�i'�NS YLVA N ANT 717-243-6090 ATTORNEY FOR DEFENDANT BARBARA A. MIXELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA • v. : CIVIL ACTION - LAW 13-1!0I3 BRENDA K. MIXELL, : NO. IVIL TERM Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing answer and new matter was served this date by delivery to the plaintiff's counsel of record addressed as follows: JAMES M ROBINSON ESQ TURO ROBINSON LAW OFFICES 123 S PITT ST CARLISLE PA 17013 December 23, 2013 / HAROLD S. IR IN, III Attorney for De ndant 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 319-7560 Supreme Court ID No. 29920 BARBARA A. MIXELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 13-6613 CIVIL ACTION BRENDA K. MIXELL, : CIVIL ACTION - LAW c - PLAINTIFF'S ANSWER TO NEW MATTER AND NOW comes Plaintiff,through her attorneys, Turo Robinson Attorneys at Law, and files this answer to Defendant's new matter, representing as follows: 28. No response required. 29. Admitted in part and denied in part. It is admitted that Plaintiff made an agreement during the fall of 2005 wherein Defendant would pay to Plaintiff$30,000.00 for which Plaintiff would allow Defendant to move into her adjacent property and provide care to her. It is denied that this agreement was ever intended to continue"for as long as she desired." 30. Admitted. By way of further answer, Defendant does not maintain the exterior of the property well, having rarely cut the lawn or emptied gutters and downspouts, which lack of maintenance has caused additional damage to the outside of the trailer visible to Plaintiffs. The Plaintiff believes that Defendant spends very little money on the maintenance of the property. 31. Admitted. By way of further information,this electric service is only to the two-car garage in front and two sheds in the rear of the property, which sheds are used for storage purposes only and which garage is heated by a propane heater. Electric usage for these out buildings is very low. 32. Denied. Because there is no lease to establish terms concerning Plaintiff's right to inspect her own premises, and because Defendant refuses to allow Plaintiff access to the interior of the mobile home, Plaintiff has no alternative but to use pictures taken in November 2012 when Plaintiff turned on the heat while Defendant was hospitalized to protect her property from weather-related damage, a fact that was readily disclosed upon presentation of the pictures. Because Defendant spends little time or effort maintaining the exterior of the property,the Plaintiff can only assume that she treats the interior in a similar manner. In fact, recent pictures presented by Defendant intended to prove that repairs were made actually show cosmetic touch-up only and not the repairs needed to restore the premises. 33. Denied. Because there is no lease to establish terms concerning Plaintiff's right to inspect her own premises, and because Defendant refuses to allow Plaintiff or her agents access to the interior of the mobile home,the contractor, who had been in the trailer prior to Defendant occupying it and knew its layout and construction well, could only base his estimate on the Plaintiff's most recent pictures,those from November 2012. Plaintiff believes that this contractor had sufficient knowledge to prepare a reasonable estimate for the work to be performed. 34. Denied. Defendant has received substantial value for the $30,000.00 paid to Plaintiff, such as 98 months of rent-free residence which, at the rate paid by the previous tenant would total $53,900.00,plus two to three years of care and assistance including,but not limited to cooking, cleaning, care for Defendant's cats, help with her personal care, free trips to doctors' offices, shopping,miscellaneous errands, etc., all of which add to the value received by the Defendant. 35. Denied. Plaintiff and her husband have not been unjustly enriched because the value of services provided to Defendant over the more than eight years far exceed the $30,000.00 paid by Defendant to Plaintiff in 2005. WHEREFORE, Plaintiff Barbara A. Mixell, for the reasons set forth above,prays that this Honorable Court issue judgment in her favor and against Defendant Brenda K. Mixell, granting her possession of her property and the sums requested in her Complaint. Respectfully Submitted, TURO ROBINSON ATTORNEYS AT LAW i it 1q Date J. 1M. Robinso Sup -me Court N . 84133 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Answer to 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. t - t (, Date Barbara A. Mixer& CERTIFICATE OF SERVICE I, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Answer to New Matter by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the 10th day of January, 2014, from Carlisle, Pennsylvania, addressed as follows: Harold S. Irwin III, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 TURO ROBINSON ATTORNEYS AT LAW 'I J. -s M. Robi son, Esquire 12• South Pitt treet Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 84133 Attorney for the Plaintiff BARBARA A. MIXELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.13-6613 CIVIL ACTION BRENDA K. MIXELL, CIVIL ACTION - LAW Defendant z:1-, • z,. --r:_•: x -Ltd 00 9 PETITION FOR APPOINTMENT OF ARBITRAR9 CD-el TO THE HONORABLE, THE JUDGES OF SAID COURT: w -,? James M. Robinson, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is (or actions are) at issue. 2. The claim of the Plaintiff in the action is $10,500.00 and possession. The counterclaim of the Defendant in the action is $0.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Any attorney at Turo Robinson Attorneys at Law Harold S. Irwin, Ill WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Ja . M. Robin on, Esquire ti2 R..co 'Pc..L ,94,4i 1. 1"-. -bG`rte -as BARBARA A. MIXELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.13-6613 CIVIL ACTION BRENDA K. MIXELL, : CIVIL ACTION- LAW Defendant ORDER OF COURT AND NOW, this 2 da of 9dnt4'iA /__, 2014, in consideration of the 1 foregoing Petition, �� ;L ,._ , , Esq., 1/3UL , Esq., and £,7J O 6 , Esq., are appointed arbitrators in the above-captioned action as rayed for. BY THE COURT, �9,'',. , P.J. • M,� = iCS i'Cal C c 7:ril Mow Pi- > co 04.41 J . ,�,;�S0,J ,--= 3011 �� c BARBARA A. MIXELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 13-6613 CIVIL BRENDA K. MIXELL, Defendant ORDER AND NOW, this /0 day of March, 2014, the appointment of David Miller, Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED. Michael Scherer, Esquire, is appointed in his place. DeLuca, Esquire Chairman Court Administrator — :rlm BY THE COURT, BARBARA A. MIXELL, : IN THE COURT Plaintiff : CUMBERLAND vs. : NO. 13-6613 OF COMMON PLEAS OF COUNTY, PENNSYLVANIA BRENDA K. MIXELL, : CIVIL ACTION - LAW Defendant CIVIL ACTION mw cur - >r MOTION FOR JUDGMENT ON THE PLEADINGS AS TO COUNT 1: CA) AND NOW comes the Plaintiff, Barbara A. Mixell by and through her attorneys, Turo Robinson Attorneys at Law, and moves for Judgment on the Pleadings as to count 1 of her complaint, and avers: 1. Plaintiff, Barbara A. Mixell, filed a complaint against Defendant, Brenda K. Mixell, on November 26, 2013, in which Count 1 requested possession of the real property located at 337 Old Mill Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Brenda K. Mixell, filed an answer with new matter on December 23, 2013. 3. Plaintiff filed a Plaintiff's Answer to New Matter on January 10, 2014. 4. No further pleadings, responsive or otherwise, have been filed on behalf of the Defendant since January 10, 2014, effectively closing the pleading portion of this matter. 5. On January 23, 2014, Plaintiff filed a Petition for Appointment of Arbitrators, which Petition resulted in an Order of Court dated January 28, 2014 issued by the Honorable President Judge Kevin A. Hess. This Order was subsequently modified by an Order dated March 10, 2014. 6. Upon receipt of the initial Order of Court, Defendant raised an issue concerning whether a Board of Arbitration has the authority to grant possession of real property. 7. There is no genuine issue of fact as to the facts material to Count 1 of the complaint. WHEREFORE, Plaintiff Barbara A. Mixell, requests that this Honorable Court issue judgment in her favor and against Defendant Brenda K. Mixell granting her possession of her real property. Date '?'31 ry Respectfully Submitted, TURO ROBINSON ATTORNEYS AT LAW s M. Robins n S eme Court o. 84133 129 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff CERTIFICATE OF SERVICE 1, James M. Robinson, Esquire hereby certify that I served a true and correct copy of the Motion for Judgment on the Pleadings and Praecipe for Listing Case for Argument by first class, postage pre -paid and depositing same in the United States Mail, first class, postage pre -paid on the 3rd day of July, 2014, from Carlisle, Pennsylvania, addressed as follows: Harold S. Irwin 111, Esquire Irwin Law Office 64 South Pitt Street Carlisle, PA 17013 TURO ROBINSON ATTORNEYS AT LAW Ja a M. Robin n, Esquire 12 outh Pitt S reet Carlisle, PA 17013 (717) 245-9688 Supreme Court I.D. No. 84133 Attorney for the Plaintiff BARBARA A. MIXELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 13-6613 CIVIL ACTION BRENDA K. MIXELL, : CIVIL ACTION - LAW Defendant ORDER OF COURT AND NOW, this day of , 2014, upon consideration of the Motion for Judgment on the Pleadings of Plaintiff, Barbara A. Mixell, said Motion is hereby GRANTED. Plaintiff is granted sole and exclusive possession of the real property located at 337 Old Mill Road, Carlisle, Cumberland County, Pennsylvania. BY THE COURT, Date J. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) v 3 CAPTION OF CASE cxr r' (entire caption must be stated in full) f BARBARA A. MIXELL, Plaintiff vs. c Co BRENDA K. MIXELL, Defendant No. 6613 2013 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plintiffs Motion for Judgment on the Pleadings 2. Identify all counsel who will argue cases: (a) for plaintiffs: James M. Robinson, 129 S. Pitt St., Carlisle, PA 17013 (Name and Address) (b) for defendants: Harold S. Irwin, III, 64 S. Pitt St., Carlisle, PA 17013 (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 15, 2014 Date: July 3, 2014 int your nam James M Robinson Attorney for the Plaintiff ml INSTRUCTIONS:/5J9. 75 c/,4 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. C/ /5"z O 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. R#.3 c'o0 0 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. BARBARA A. MIXELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW BRENDA K. MIXELL, Defendant NO. 13-6613 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS ORDER OF COURT AND NOW, this 14" day of October , 2014, upon consideration of Plaintiff's Motion for Judgment on the Pleadings, and upon consideration of the briefs of the parties, it is hereby ordered that Plaintiff's motion is DENIED so that the parties may engage in discovery with respect to the requirements necessary to remove an oral contract for real property from the Statute of Frauds. See Firetree, Ltd. v. Department of General Services, 978 A.2d 1067 (Pa. Cmwlth. 2009). BY THE COURT, Chris ylee L. Peck, J. James M. Robinson, Esq. 129 South Pitt Street Carlisle, PA 17013 c, , Attorney for Plaintiff MW =M C_j Harold S. Irwin, III, Esq. �z„ `�; 64 South Pitt Street Zn ate, Carlisle, PA 17013 "cam " Attorney for Defendant v , /ly le1LG BARBARA MIXELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. BRENDA K. MIXELL, Defendant : CIVIL ACTION - LAW : NO. 13-6613 CIVIL ORDER AND NOW, this / 9 day of November, 2014, the appointment of Michael Scherer, Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED. Tricia Naylor, Esquire, is appointed in his place. dA--rithony DeLuca, Esquire Chairman Court Administrator - p1.54,.ext r;k3 :rlm BY THE COURT, kr) BARBARA A. MIXELL, Plaintiff vs. BRENDA K. MIXELL Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVA IA : : CIVIL ACTION – LAW : NO. 13-6613 CIVIL m c -s C.3 CJ ORDER AND NOW, this `1 " day of December, 2014, the appointment of Douglas Clifton, Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED. Marc Crum, Esquire, is appointed in his place. Anthony Deluca, Esquire Chairman Court Administrator t �� :rim 45.cL Co 'as 02,.1 =nel BY THE COURT, BAYLEY & MANGAN Brian 0. Williams, Esquire Attorney I.D. #: 209610 17 West South Street Carlisle, PA 17013 (717) 241-2446 BARBARA A. MIXELL, Plaintiff vs. BRENDA K. MIXELL, Defendant • hl... i DEC 30 API 10: 56 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 13-6613 PRAECIPE FOR ENTRY/WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Brian O. Williams, Esquire, as attorney of record for Brenda K. Mixell, in the above -captioned matter. Brian O. Williams, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 209610 Please withdraw the appearance of Harold S. Irwin, III, Esquire, as attorney of record for Brenda K. Mixell, in the above -captioned matter. Date: l Z(72/2 /4 Harold S. Irwin,III, E 64 South Pitt Street Carlisle, PA 17013 717-243-6090