The URL can be used to link to this page

Home My WebLink About05-1170:UMMUNwtAL In Ur rCNNA COURT OF COMMON PLEAS Judicial District, County Of If appellant was DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL 7S' /I,70 C' vi l Mar, h 4, a55 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. " ?'?''\A 1? H1IInrr'1 Jr (J`j-?"UI C;har1?5 Fi. I?rv.t ut, ADD 5 OF APPEL NT I CITY ? ZIP CODE ti. 4, s+ Pa;yt P.? . MQ„?sb?rrr VA DATE OF JUDGMENT /-?• IN THE SE OF (Plainta) /1 f?' L Y1 Defe ) 1` ? r l l h 1 I A - 1 01,r,,14 /' vs 11 , 1 I A f /7A OC.' 1? C. \l - 0000 ?y I oy This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgnalute of Prothomtery w Deputy NOTICE OF APPEAL FROM P-)a4j' 1, before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon S V 11 1 U C AJ Name (Common Pleas No. ADDS- I?? -,I It I RULE: To So I I 'l vc-,J Gr N. C y.? r? .5 F 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 dale 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. k&4k Date: _.rntx r??_ L .20 Ds 7 Signature f th otary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 appellee(s), to file a complaint in this appeal within twenty (20) days a7 s@rvice of rule or suffer entry of judgment of non pros. `1-f .r &-'C Signature ofappeli or attorney or agent COURI FILE TO BE FILED WITH PROTHONOTARY 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 : ss AFFIDAVIT: I hereby (swear) (affirm) that I served u a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of affiant Signature of oBidal before whom affidavit was made My commission expires on , 20 n H 4Lr;?:.: 1 ? p Cry 71r? Y? t" N .t- AQPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA nnl INTY nF- CUMBERLAND Mag. Dist, No.'. 09-1-01 MDJ Name'. Hon. CHARLES A. CLEMENT, JR Address:, 400. BRIDGE ST OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Teiephon. (7171 774-5989 17070 DONALD HILLARD 262 N. LOCUST PT RD A-1 SERVICE PLUS MECHANICSBURG, PA 17050 J, NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME .n ADDRESS ISULLIVAN CPA, CHARLES F 1513 CEDAR CLIFF DR CAMP HILL, PA 17011 J VS. L DEFENDANT: NAME and ADDRESS FHILLARD, DONALD 262 N. LOCUST PT RD A-1 SERVICE PLUS LMECHANICSBURG, PA 17050 DocketNo.: CV-0000741-04 Date Filed: 12/16/04 I THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ?X Judgment was entered for: (Name) Grrr r TV,AN spa, ruaur Fa F 0 Judgment was entered against: (Name) HrTr AUn, DONAr n in the amount of $ r4R5 _50 on: (Date of Judgment) /04/05 F7 Defendants are jointly and severally liable. ? Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) Amount of Judgment $ 2,301.0 Judgment Costs $ 84.50 00 Interest on Judgment $ . Attorney Fees $ .00 Total $ 2,385.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL'WITHIiN 30 DAYS AFTER-THE ENTRY. OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 JUDGMEN`r. MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMRNTDEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. FEB 3 -`200( ate Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the'judgment. Date Magisterial District Judge My commission expires first Monday of January, 2008. SEAL AOPC 315-05 DATE PRINTED: 2/03/05 11:46:38 AM -? `'; ua ? '-? ? ? rs? r r ? ' ' -? ? ? ? i' x J j . <<,- r -, RJ `?1 -" i ?rti -+ ''b ?? J _!? Q .s PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of sorvice MUST BE FILED WITHW TEN (10) DAYS AF tEP 87ng of the notice of appeal Cheek appGeab)e bones.} COMMONWEALTH OF PENNSYLVANIA COUNTY OF z-`.Gin??. : as AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal. Commmi Pleas No.6)' upon the Disttriret Justice designated Oiwein an (date of service) eft ?,? ?? , 20C)57, ? by persona! service X by (cerii6ecl} eelstered} mail. sender's receipt attached hereto, and upon the appellee (frome) V (h if /V\,4 r- c-'Il? _9 _ 20 (yS ? by personaf service by (certified) (reg(stcred) mail, sender's receipt attached hereto. ('sWO3{ ffFIRMED) %fI-5! y_.__ DAYt tynotu r.(aYfieni i a 11M. III ITI 11=00 S Pli ! err FI.' ° L'I fil W { I?H r?'?7. f - Pomage $ Pnslaye Cent tlF, I 6 {, C3 cerifedFee I)a Return R ePt r=e r- - Ps neae Pee R Postmark H (Endorsement Required) Restrctad Del cre` , r--a1 Z3 O EndorssemimentReqm re tl) ( I Reivolt.d Delivery Fee ero , (Endorse Went Pei r d) Q` l (Endorsement Required) -.. ii Total Postage it Fees L$ - .I Tn 114-i. - iv t Total Poe." & Fees :?? IGf I..tS'_ ? Sent To '` p -- -- Sent Tn /?'?? ? \ L, ` /? 1 n N r?'? rra l) ui -n ? ;3 T W tt l y ,r t~ Street. .9p(. NO.. or PO Hox No. City, Stale, ZIP+< 4_. `! r My eornmisslon exp(ras on ';, , 20 Gummumvvt-AL t n ut- rtnna COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL f44,-,l, L1 k6 5? Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. )F.WDGMENT IN THE CASE OF IRM,611) vs This block will be signed ONLY when this notation is required under Pa. If appellant was 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 District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Synalure of Prof?anofary 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 District Justice. 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 or appellee(s) (Common Pleas No. •yt::.. ) 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 ofappellee(sj (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Data; W, 1? , 20 • _ _ __. _ tgnature o/ rotnphotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE ¦ Complete items 1, 2, and 3. Also complete itern 4 if Restricted Deliver is desired A. Sig ? QA? t y . gen x N Print your name and address on the reverse ? Addressee so that we can return the card to you. B. Received by (Printed Name) C. oat f D I ecy 01 Attach this card tS the back of the mailpiece, or on the front if space permits. 1.. Article Addressed to: D. Is delivery address different from Rem 1? ? es if YES, enter delivery address below: ? No r i I 3. rvice Type Gertlfled Mail ? Express Mall Registered ? Return Receipt for Merchandise ! Insured Mail ? C.O.D. 13 4. stricted Delivery? (Extra Fee) ? ym 2. Article Number 7004 2890 (Transfer from sere/ce labe, _ _ 0000 1954 8184 PS Form 3811, February 2004 Domestic Return Receipt 102595- -M-1540 UNITED STATES POSTAL SERVICE ,,. First-Class Mail Postage & Fees Paid l l f LISPS Permit No. G-10 ?' - • Sender: Please print y6ur_name; aid r,s agd2JP+4-frr4aic.bDx- - 7.)? rlec?a??C5bu,") 01 ¦ Complete items 1, 2, and 3. Also complete A. Si e item 4 if Restricted Delivery is desired. /--'C r1- ¦ Print your name and address on the reverse f_C 7I so that we can return the card to you. B. fil by (Printed Name) ¦ Attach this card to the back of the mailpiece, (tlN? ?y ???. `?exx ?2Z 3j or on the front if space permits. D. Is delivery address different from item 1? 1. Article Addressed to: If YES, enter delivery address below: ? Agent of Delivery 0 No 3. Service Type m Certified Mail ? Express Mail 0 Registered 0 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (transfer from serv/ce 7004 2890 DOLL 1954 8177 PS Form 3811, February 2004 Domestic Return Receipt 1025e5-0&M-1540 . . UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, aid as and ZIP+4 in this box 1)D? -Tf-- Gi CHARLES F. SULLIVAN :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY V. DONALD HILLARD t/d/b/a A-1 Service Plus Defendant NO. 2005-1170 :CIVIL ACTION LAW N O T I C E YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims pages, you must take action within twenty (20) days after this Complaint and Notice are se written appearance personally or by attorney and filing in writing with the Court your defe. claims set forth against you. You are warned that if you fail to do so the case may proceed judgment may be entered against you by the Court without further notice for any money cl for any other claim or relief requested by the Plaintiff. You may lose money or property o you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL I Cumberland County Bar Association 32 S. Bedford Avenue Carlisle, PA 17013 Phone: 1-800-990-9108 N O T I C I A Le ban demandado a usted en la corte. Si usted quiere defenderse de estas deman, paginas siguientes, usted tiene viente (20) dial de plazo al partir de la facha de la demands debe presentar una apariencia escrita o en Persona o por abogado y archivar en la corte en 1 o sus objectiones a las demandas encontra de so persona. Sea avisado que si usted no se de medidas y puede entrar una orden contra usted sin previo aviso o notification y per cualqu pedido en la petition de demanda. Usted puede perderdinero o sus propiedades o otros de usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO ? ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCI( SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONS LEGAL. et forth in he following ved, by ent ring a ses or obje tions to the without yo and a imed in th Complaint or other right important to DO NOT HAVE, A s expuest s en [as In notific cion. Usted ma escri sus defensas ende, lac rte tomara . queja o livio que es rhos imp rtantes Para NE iUIR ASISTENCIA Cumberland County Bar Association 32 S. Bedford Avenue Carlisle, PA 17013 Phone: 1-800-990-9108 CHARLES F. SULLIVAN Plaintiff V. DONALD HILLARD t/d/b/a A-1 Service Plus Defendant :IN THE COURT OF COMMON :CUMBERLAND COUNTY :NO. 2005-1170 :CIVIL ACTION LAW COMPLAINT And now, this X96 day of March, 2005, comes the P attorney Mark S. Fenice, Esquire and respectfully represents as 1. Plaintiff is an adult individual with his principal place of 1513 Cedar Cliff Drive, Camp Hill, Cumberland County, 2. Defendant is an adult individual Ud/b/a A-1 Service Plus of business located at 262 North Locust Point Road, Mechan County, Pennsylvania. 3. At all times pertinent hereto Plaintiff was engaged in and related business services to the general public and other printing of payroll checks for some of his business clients. 4. At all times pertinent hereto Defendant was engaged in providing ink and toner printer cartridges to the Plaintiff, including cartridges for the printing of encoded payroll checks. 5. At all times pertinent hereto, defendant was aware that in the business of printing payroll checks for various customers and OF iff, throu h his ws: ness loc ted at h a prin ipal place Cumbe land ng acco nting ses to i clude the busines of plying icr ink stiff was engaged iat the Icr cartridges supplied by defendant were to be used for that purpose and the warranted that said Micr printer cartridges to be fit and proper for 7. The plaintiff relied upon said warranty and used the Micr purpose aforesaid, but a substantial number of checks when printed defective and unsuitable for use by plaintiffs clients. 8. On or about April 2002 Plaintiff received complaints from that a significant number of checks printed by Plaintiff were being clients' banks due to faulty encoding. 9. Testing of the Micr ink printing cartridge used to print the determined that the ink in the cartridge did not contain sufficient allow the check to be read by the banks' computers. 10. Testing of the remaining Micr ink cartridge supplied by determined that it contained sufficient magnetic properties to allow ink from that cartridge to be read by the banks' computers. 11. Plaintiff again ordered Micr cartridges from the print payroll checks that were again rejected for faulty encoding due magnetic properties in the Micr ink. 12. As a result of the bank's charges resulting from the checks, the Plaintiff was required to reimburse its customer the sum charges assessed by the bank. 13. The Micr printing cartridges supplied by the defendant to use. rtridges for the be by lPlaintiffs to with and usedd them to of th defective $2,3 1.00 for Plaii were not suitable for the purposes for which they were intended. 14. The Mier printing cartridges supplied by the Defendant to the Plaintiff were not of merchantable quality in that they did not contain sufficient magnetic qu lities to allow encoded checks printed by Plaintiff to be read by computers asl require by the banks. 15. Despite repeated demands, the defendant has refused tolreimburje the plaintiff for the bank charges resulting from the unreadable checks printed with the defective Mier ink cartridge supplied by the defendant. WEREFORE, Plaintiff demands judgment against the defendant in thel amount of $2,301.00 plus costs of this suit which amount requires compulsory a RESPECT ULLY SU Mark S. Fenice 1101 North Front Street Harrisburg, PA 17102 (717) 909-9797 ID#21358 Attorney for Plaintiff VERIFICATION I hereby verify that the facts contained in the forgoing true an correct t he best of my knowledge, information and belief. I understand1 that false statements contained herein are made subject the penalties contained in 181Pa C.S.A. § 4904 relating to unsown falsification to authorities. Charles F. CERTIFCATE OF SERVICE I hereby certify that a true and correct copy of the Complaint was served u Defendant, by United States Mail, First Class, Postage Prepaid addressed as Follows: Donald Hillard A-1 Service Plus 262 North Locust Point Road, Mechanicsburg, PA 17051 t l; Date err ; 25' Mark S. Fenice, Esquire ,?? -, { 1 c> ? ? ?:a i ?' <<' ??r ?;:. ??. '. C J !-, t ?_. ? .a i CHARLES F. SULLIVAN :IN THE COURT OF COMMON PLEAS Plaintiff :OF CUMBERLAND COUNTY V. :NO. 2005-1170 DONALD R. HILLARD, JR. A-1 SERVICE PLUS Defendant :CIVIL ACTION LAW DEFENSE And now, this 15th day of April, 2005, comes the defendant and respectfully represents as follows: 1. Defendant is an adult individual with his principal place of business located at 262 N. Locust Point Road, Mechanicsburg, Cumberland County, Pennsylvania, 2. Plantiff is an adult individual with his principal place of business located at 1513 Cedar Cliff Drive, Camp Hill, Cumberland County, Pennsylvania. 3. At all times pertinent hereto Defendant was engaged in the business of providing the Plaintiff and other business customers with printer toner cartridges. 4. Beginning September 2001, Plaintiff requested that Defendant provide them with MICR toner cartridges. 5. At all times pertinent hereto the Plaintiff did not use a dedicated printer for the purpose of printing payroll checks with Micr toner. 6. At all times pertinent hereto the Plaintiff was required to remove and exchange the standard toner cartridge and replace it with a Micr toner cartridge for the purpose of printing Micr checks. 7. At all times pertinent hereto, the Plaintiff never expressed to the Defendant that there would be charges for any checks not read by the bank's equipment. 8.The Plaintiff never provided information to the defendant as to the level of magnetic content required by the bank. 9. Had the defendant known at any time the per check charge for low Micr content checks, he would have declined the request of the Plaintiff to provide them with Micr toner cartridges. 10. The plaintiff has stated in court that there may have been cartridges, other than ones supplied by Defendant, used to print payroll checks. 11. The Defendant told the Plaintiff that he had no way of testing Micr content and that the Plaintiff was to have the cartridges tested for micr content. 12. The defendant supplied the Plaintiff with 2 documented Micr toner cartridges on September 14, 2001. The cartridges tested sufficient for Micr. 13. The defendant supplied the Plaintiff with 1 documented Micr toner cartridge on December 26, 2001 to exchange for one that was empty. 14. Therefore as of December 26, 2001 the Plaintiff was in possession of 2 Micr toner cartridges supplied by the Defendant. 15. This also shows the life expectancy of the Micr toner cartridge based upon checks printed by plaintiff to be over 3 months. 16. The Plaintiff claims that on or about April, 2002 they were notified of check rejects due to faulty encoding. If these checks were printed with the same cartridge that was used starting December 26, 2001, the checks would have contained adequate Micr levels. 17. Micr toner properties and levels cannot change from within the toner Cartridge. If the cartridge or toner tests good once it will always provide the same level of Mier content. 18. The Plaintiff states that they had the remaining toner cartridge tested and it was sufficient for the purpose of printing Mier payroll checks. 19. The remaining cartridge tested by the Plaintiff contained exactly the same Mier toner as all the previous cartridges supplied by the Defendant. The bottles of Mier toner used to fill the Plaintiffs toner cartridges were all stamped with the same lot number. 20. Each of the 2 cartridges in the Plaintiff's possession supplied by the Defendant tested sufficient to be read by the Plaintiff's bank. One was used from December 26, 2001 with no reported problems through the months of January and February, and the second was tested by the Plaintiff. 21 The explaination for the rejected checks in or about April 2002 was due to a third cartridge being used. Either by accidently mixing up a Mier toner cartridge with a standard cartridge and placing the wrong one in the machine, or using another supplier's cartridge. 21. The Plaintiff did not contact the Defendant regarding the possibility of any defective cartridge or explain the charges involved with the low Mier content checks. Had the Defendant been notified at this time he would have discontinued providing the Plaintiff with Mier toner cartridges. 22. The remaining tested "good" Mier toner cartridge installed in late April or early May would have lasted through mid July which is when the Plaintiff was notified of low micr content checks for June and July. I again suggest that a simple mixup between standard and Micr cartridge occurred. 23. Based upon what appears to be an honest mistake by the Plaintiff or his employees, the Defendant should not be held responsible for the money that the Plaintiff reimbursed to his clients. 24. The amount Plaintiff is requesting also is not correct. Plaintiff did not deduct the amount which would have been paid had the checks been accepted with proper Micr content. Wherefore, Defendant requests judgement for the defense with no award of money for Plaintiff. RESPECTFULLY SUBMITTED Donald R. Hillard, Jr. 262 N. Locust Point Rd. Mechanicsburg, PA 17050 VERIFICATION I hereby verify that the facts contained in the foregoing defense statement are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties contained in 18 Pa C.S.A. 4904 relating to unsown falsification to authorities. Donald R. Hillard, Jr. ?., n.> c:' - O ?» ? 1 ._ .l ;? i i-i Cil - CHARLES F. SULLIVAN, Plaintiff V. DONALD HILLARD, t/d/b/a A-1 Service Plus Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1170 CIVIL ACTION-LAW PETITION TO REINSTATE ACTION AND NOW, comes the Plaintiff, Charles F. Sullivan, by and through his attorney, Gary L. Kelley, and respectfully Petitions this Honorable Court as follows: 1. Petitioner is Charles F. Sullivan. 2. Defendant is Donald Hillard t/d/b/a A-1 Service Plus. 3. Petitioner initially instituted an action against Defendant. 4. On or about September 16, 2008, Petitioner received a Notice of Proposed • Termination of Court Case in accordance with the appropriate Pennsylvania Rule of Civil Procedure wherein he was informed that he must file a Statement of Intention To Proceed on or before October 28, 2008. 5. Petitioner failed to timely act in accordance with the Notice. 6. Pursuant to Pa.R.C.P. Rule 230.2(d)(1), "Where an action has been terminated pursuant to this rule, an aggrieved party may petition the court to reinstate the action." 7. Pursuant to Pa.R.C.P. Rule 230.2(d)(2), "If the petition is filed within thirty days after the entry of the order of termination on the docket, the court shall grant the petition and reinstate the action." 8. The instant Petition is timely filed in accordance with the aforementioned Rules and has satisfied all necessary requisites. WHEREFORE, based upon all of the foregoing, Petitioner respectfully requests that this Honorable Court grant his Petition and reinstate his action. Respectfully submitted, Ga L. Kelley ID Nh?6801 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 Y VERIFICATION I, Charles F. Sullivan, hereby verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Charles. Sullivan , .?-,, . <:- ? D ""? :?:. w "s 1 i,j'\ ?a.? Curtis R. Long Prothonotary office of the Protbonotarp 11 Renee K. Simpson Cumberranb Countp Deputy Prothonotary John E. Slike Solicitor 1176 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY r1„P Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573 CHARLES F. SULLIVAN, Plaintiff V. DONALD HILLARD, t/d/b/a A-1 Service Plus Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-1170 CIVIL ACTION-LAW ADDENDUM TO PETITION TO REINSTATE ACTION AND NOW, comes the Plaintiff, Charles F. Sullivan, by and through his attorney, Gary L. Kelley, and respectfully adds the following information to his original Petition To Reinstate Action: 9. No Judge in this Honorable has previously ruled upon any issues in this matter. 10. Concurrence of opposing counsel in this matter was not sought as the opposing party appeared pro se in the lower Court. WHEREFORE, based upon all of the foregoing, Petitioner respectfully requests that this Honorable Court grant his Petition and reinstate his action. Respectfully G L. K Alley ID 01 3117 Chestnut Street Camp Hill, PA 17011 (717) 612-1484 _ ?m s1 r 7r.? t a ? tel. 3 Cz ca