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HomeMy WebLinkAbout05-1333Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I. D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com KEYSTONE ACCEPTANCE CORPORATION, 2010 State Road, Camp Hill, PA 17011 Plaintiff V. GREGORY & SONS, INC., 154 Leaders Heights Road, York, PA 17403; and CABOT R. GREGORY, 154 Leaders Heights Road, York, PA 17403 Defendants NOTICE TO PLEAD Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. nS - 133 3 ?c?•l ??tL'" CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: Robert P. Kane, Esquire 474 W. Market Street York, PA 17404 T!N AND NOW, this $ day of March, 2005, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. JOHNSON, DUFFIE, STEWART & WEIDNER csj:245679 By: 13333-1 Michael J. Cassidy 1 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mjc@jdsw.com KEYSTONE ACCEPTANCE CORPORATION, 2010 State Road, Camp Hill, PA 17011 Plaintiff V. GREGORY & SONS, INC., 154 Leaders Heights Road, York, PA 17403;and CABOT R. GREGORY, 154 Leaders Heights Road, York, PA 17403 Defendants COMPLAINT Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. DS - 1333 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes Plaintiff, Keystone Acceptance Corporation, by and through their undersigned attorneys, Johnson, Duffie, Stewart & Weidner, files this Complaint against Gregory & Sons, Inc., and Cabot R. Gregory, and in support thereof, avers as follows: Plaintiff Keystone Acceptance Corporation is a Pennsylvania business corporation with its principal place of business at 2010 State Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2 2. Defendant Gregory & Sons, Inc. is a Pennsylvania business corporation with a principal place of business located at 154 Leaders Heights Road, York, York County, Pennsylvania 17403. 3. Defendant Cabot R. Gregory is an adult male and is President of Defendant Gregory & Sons, Inc. with a place of business located at 154 Leaders Heights Road, York, York County, Pennsylvania 17403. 4. As President of Gregory & Sons, Inc., Defendant Cabot R. Gregory signed an equipment lease dated December 3, 2002 (Lease No. 12785) whereby Plaintiff Keystone Acceptance Corporation, as Lessor, agreed to lease to Defendant Gregory & Sons, Inc., as Lessee, one (1) Kobelco SK220LC Excavator, Serial No. LLU2013 (hereinafter referred to as "Excavator Equipment Lease") under terms and conditions set forth therein. A copy of said Excavator Equipment Lease is attached hereto, made part hereof, and marked Exhibit A. 5. As President of Gregory & Sons, Inc., Defendant Cabot R. Gregory signed an equipment lease dated December 3, 2002 (Lease No. 12786) whereby Plaintiff Keystone Acceptance Corporation, as Lessor, agreed to lease to Defendant Gregory & Sons, Inc., as Lessee, one (1) Hypac C754B Roller, Serial No. 1650141491 (hereinafter referred to as "Hypac Roller Equipment Lease"), under the terms and conditions set forth therein. A copy of said Hypac Roller Equipment Lease is attached hereto, made part hereof, and marked Exhibit B. 6. Defendant Cabot R. Gregory signed a Personal Guaranty personally guaranteeing to Plaintiff Keystone Acceptance Corporation the payment of all monies which Gregory & Sons, Inc. may be required to pay Plaintiff pursuant to the Excavator Equipment Lease and Hypac Roller Equipment Lease, and in the event Gregory & Sons, Inc., were to fail to pay said monies to Keystone Acceptance Corporation, then Defendant Cabot R. Gregory promised to pay personally all monies owed to Keystone Acceptance Corporation (hereinafter 3 referred to as `Personal Guaranty"). A copy of said Personal Guaranty is attached hereto, made a part hereof, and marked Exhibit C. 7. Defendant Gregory & Sons, Inc. is in default of the Excavator Equipment Lease and Hypac Roller Equipment Lease for having failed to make payments to Plaintiff Keystone Acceptance Corporation which, under the terms and conditions of the Excavator Equipment Lease and Hypac Roller Equipment Lease, were due and payable on November 10, 2004, and every month thereafter. 8. Despite numerous requests by Plaintiff Keystone Acceptance Corporation to pay said monies owed under the Excavator Equipment Lease and Hypac Roller Equipment Lease, Defendant Gregory & Sons, Inc. has refused or failed to pay said monies. 9. Defendant Cabot R. Gregory is in breach of his personal guaranty for having failed to fulfill his obligations thereunder by making payments of monies owed by Gregory & Sons, Inc. to Plaintiff Keystone Acceptance Corporation. 10. Despite numerous requests by Plaintiff Keystone Acceptance Corporation, Defendant Cabot R. Gregory has failed or refused to personally make payments to Plaintiff Keystone Acceptance Corporation under the Personal Guaranty of monies owed by Gregory & Sons, Inc. COUNTI KEYSTONE ACCEPTANCE CORPORATION V. GREGORY & SONS, INC. BREACH OF CONTRACT - DAMAGES 11. Paragraphs 1 through 10 are incorporated herein by reference. 4 12. Beginning with November 10, 2004, and continuing each month thereafter, Defendant Gregory & Sons, Inc. has failed to make payment of $3,180.00 per month to Plaintiff Keystone Acceptance Corporation as required under the Excavator Equipment Lease. 13. Beginning with November 10, 2004, and continuing each month thereafter, Defendant Gregory & Sons, Inc. has failed to make payment of $1,135.00 to Plaintiff Keystone Acceptance Corporation as required under the Hypac Roller Equipment Lease. 14. At all times relevant hereto, Defendant Gregory & Sons, Inc, has been in possession of the equipment leased pursuant to the Excavator Equipment Lease and Hypac Roller Equipment Lease. 15. At all times relevant hereto, Plaintiff Keystone Acceptance Corporation has fulfilled its duties and obligations to Defendant Gregory & Sons, Inc., as required under the Excavator Equipment Lease and Hypac Roller Equipment Lease. WHEREFORE, Plaintiff Keystone Acceptance Corporation demands judgment in its favor against Defendant Gregory & Sons, Inc. for all monies owed under the Excavator Equipment Lease and Hypac Roller Equipment Lease, including but not limited to: a) payment of all unpaid rentals payable under the Excavator Equipment Lease and Hypac Roller Equipment Lease; b) all taxes and interest owed; C) costs for any and all damages to the equipment; d) reimbursement of all reasonable attorney fees incurred by Plaintiff in the enforcement of the Excavator Equipment Lease and Hypac Roller Equipment Lease; e) payment of all other monies payable to Plaintiff Keystone Acceptance Corporation under the Excavator Equipment Lease and Hypac Roller Equipment Lease; and f) any and all other relief which this Court deems appropriate. 5 COUNT II KEYSTONE ACCEPTANCE CORPORATION V GREGORY & SONS, INC. REPLEVIN 16. Paragraphs 1 through 15 above are incorporated herein by reference. 17. Pursuant to the terms of the Excavator Equipment Lease and the Hypac Roller Equipment Lease, Plaintiff has retained title to the above property subject to the equipment leases. 18. As set forth above, Defendant Gregory & Sons, Inc. is in default of the Excavator Equipment Lease and Hypac Roller Equipment Lease. 19. Pursuant to the terms and conditions of the Excavator Equipment Lease and Hypac Roller Equipment Lease, Plaintiff Keystone Acceptance Corporation is entitled to take immediate possession of the equipment leased thereunder as a result of Defendant Gregory & Sons, Inc. failing to remedy the default of the equipment leases. WHEREFORE, Plaintiff Keystone Acceptance Corporation demands judgment in its favor and against Defendant Gregory & Sons, Inc. for: a) the possession and delivery of all the property leased pursuant to the Excavator Equipment Lease; or b) the value of the property with interest to the date of trial, in case possession and delivery cannot be had, being a sum in excess of $ 75,000.00; and c) any and all other relief which this Court deems appropriate. 6 COUNT III KEYSTONE ACCEPTANCE CORPORATION V CABOT R. GREGORY BREACH OF CONTRACT-DAMAGES 20. Paragraphs 1 through 19 above are incorporated herein by reference. 21. Despite demands by Plaintiff Keystone Acceptance Corporation, Defendant Cabot R. Gregory has failed to make payment of certain monies owed by Defendant Gregory & Sons, Inc. to Plaintiff Keystone Acceptance Corporation as required under the Personal Guaranty. 22. Defendant Cabot R. Gregory is in default of the Personal Guaranty for having failed to make payment of certain monies owed by Gregory & Sons, Inc. to Plaintiff Keystone Acceptance Corporation. WHEREFORE, Plaintiff Keystone Acceptance Corporation demands judgment in its favor and against Defendant Cabot R. Gregory for: a) all monies owed by Defendant Cabor R. Gregory to Plaintiff pursuant to those warranties, assurances, and guaranties set forth in the Personal Guaranty; and b) any and all other relief which this Court deems appropriate. COUNT IV KEYSTONE ACCEPTANCE CORPORATION V. GREGORY & SONS, INC. and CABOT R. GREGORY FRAUDULENT CONVERSION/CONVERSION 23. Paragraphs 1 through 22 above are incorporated herein by reference. 7 24. On information and belief, Defendant Gregory & Sons, Inc., does not intend to return the personal property leased pursuant to the Excavator Equipment Lease and Hypac Roller Equipment Lease. 25. It is believed, and therefore averred, that either Defendant Gregory & Sons, Inc., or Defendant Cabot R. Gregory sold the personal property subject to the Excavator Equipment Lease and Hypac Roller Equipment Lease at an auction in or about October 2003. 26. Plaintiff gave possession of the personal property leased pursuant to the Excavator Equipment Lease and Hypac Roller Equipment Lease to Defendant Gregory & Sons, Inc., only for the purpose of allowing said Defendant to use the equipment for its intended purposes. Plaintiff gave Defendant Gregory & Sons, Inc., possession of said equipment for no other reasons. 27. As clearly set forth in the Excavator Equipment Lease and Hypac Roller Equipment Lease, the Plaintiff has title to and ownership of the equipment subject to the equipment leases. 28. Defendant Gregory & Sons, Inc. and/or Defendant Cabot R. Gregory are exercising unlawful control over the equipment. 29. Defendant Gregory & Sons, Inc. and/or Defendant Cabot R. Gregory have refused and continue to refuse to return the equipment to the custody and control of the Plaintiff. 30. Defendant Gregory & Sons, Inc. and Defendant Cabot R. Gregory have no right, title or equitable claim to the ownership and/or possession of the equipment. 31. Defendant Gregory & Sons, Inc. and/or Defendant Cabot R. Gregory have deprived Plaintiff Keystone Acceptance Corporation of the equipment subject to the Excavator Equipment Lease and Hypac Roller Equipment Lease. WHEREFORE, Plaintiff Keystone Acceptance Corporation respectfully requests that this Honorable Court enter judgment in its favor and against Defendant Gregory & Sons, Inc, and 8 Defendant Cabot R. Gregory for the value of the equipment leased pursuant to the Excavator Equipment Lease and Hypac Roller Equipment Lease, and for such other relief as the Court deems just and proper. COUNT V KEYSTONE ACCEPTANCE CORPORATION V. GREGORY & SONS, INC. and CABOT R. GREGORY PUNITIVE DAMAGES 32. Paragraphs 1 through 31 above are incorporated herein by reference. 33. Defendant Gregory & Sons, Inc. at all times relevant and material to this matter, has acted in bad faith and with the intent to exercise unlawful control over the equipment leased pursuant to the Excavator Equipment Lease and Hypac Roller Equipment Lease. 34. Defendant Cabot R. Gregory, at all times relevant and material to this matter, has acted in bad faith and with the intent to exercise unlawful control over the equipment leased pursuant to the Excavator Equipment Lease and Hypac Roller Equipment Lease. 35. The conduct of both Defendant Gregory & Sons, Inc. and Defendant Cabot R. Gregory has been and continues to be wanton and outrageous. 36. On information and belief, Defendant Gregory & Sons, Inc. and/or Defendant Cabot R. Gregory have deprived Plaintiff Keystone Acceptance Corporation of the equipment leased pursuant to the Excavator Equipment Lease and Hypac Roller Equipment Lease. WHEREFORE, Plaintiff Keystone Acceptance Corporation respectfully requests that this Honorable Court enter judgment in its favor and against Defendant Gregory & Sons, Inc., and/or Defendant Cabot R. Gregory for punitive damages, attorney fees, costs, and such other relief as the Court deems just and proper. 9 Respectfully submitted, JOHNSON, DUFFIEE,,+STEW?ARRT'& WEIDNER BY: Michael Cassidy cs}:2ass7s 13333-1 10 VERIFICATION The undersigned confirms that the facts set forth in the foregoing COMPLAINT are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsifications to authorities. KEYSTONE ACCEPTANCE CORPORATION BY: Jejr .Sava Vice President & General Manager Dated: 3 CO- c C SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01333 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE ACCEPTANCE CORPORATIO VS GREGORY & SONS INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GREGORY & SONS I but was unable to locate Them deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On May 11th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer. Docketing 18.00 Out of County 9.00 Surcharge 10.00 R`. Thomas Kline Dep York County 32.86 Sheriff of Cumberland'County Postage .74 70.60 05/11/2005 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribed to before me this _13" day of JN? A. D. - N ? h? Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01333 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KEYSTONE ACCEPTANCE CORPORATIO VS GREGORY & SONS INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: GREGORY CABOT R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 11th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers: 7 Docketing 6.00 Out of County .00? Surcharge 10.00 R: Thomas Kline .00 Sheriff of Cumberland County .00 16.00 05/11/2005 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribed to before me this !-J' day otR, ?oOS' A.D. i o ' =-- Prthonotarl/ COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 V SERVICE CALL. ('117) 771-9601 SHERIFF SERVICE WSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1 PLAINTIFFISI 2 ley!i LUMBEC1Vll Keystone Acceptance Corporation 0 TYPE O11F33333S1T OR COMPLAINT 3. DEFENDANTISI Gregory & Sons Inc et al Notice & Canplaint SERE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION Of PROPERTY TO BE LEVIED, ATTACHED. OR SOLD Gregory & Sons Inc 6 ADDRESS (STREET OR RFO VdTH BOX NUMBER, APT NO_ CITV, BORO. TWP .STATE AND ZIP CODE) AT 154 Leaders Heights Road York, PA 17403 7. INDICATE SERVICE ? PERSONAL U PERSON IN CHARGE U DEPUTIZE CE T. L U 1ST CLASS MAIL U POSTED U OTHER NOW March 17 , 20 5 I, SHERIFF OF ii?W COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute dKprtrl yid make return W¢*` at fording to law. This deputization being made at the request and risk of the plaintiff., o '^?' SHERIFF OF OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. Cunherland ( Cow -" - C (.I vKOj ?Mlli Please mail return of service to Clrnberland County Sheriff. Thank you. NOME: ONLY APPLICABLE ON WRIT OF E%ECIh N: N.B. WAI F WATCHMAN - Any deputy shenR levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is foun in possession, aft notifying person of levy or attachment, without liability, on the part of such deputy or the shenB to any plaintiff herein for any bas. destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER t t. DATE FILED I?, ;iidbv 6ol wa +' id9 aur>cr0,? no,13 -? LP ?-Ll15l6 3-/q-65 2. SENr4j)TICE OF 4FVICFI C9fY `Oh NAME AND ADDRESS BELOW. (Ths area must be 0mpleted a notice is lobe mailed) 17. I omovAMge receipt of the cum F I? r 114?T RECEIVED I s / 15. ExpiratlonlHegrhng Date or complaint as indicated above. /L'JIYprl -C (n YIS / 1f ,"11 Jh?aJv C/J„? 16. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 1B. 8p1M? ANn n^LE OF INDIVIDUALS RVED 1 LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of Sgryrce SA1 I??.C 21. ATTEMPTSI Date I Time I Miles I fnt. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Mlles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int 22. REMARKS'. v X6-1 23. Advance Cos ts .C sts 2S 25N/F 26Mi leage 27 Postage 26SuDTotal 29Pound 70 Noary 31Surchq 32 7aCosts 33Costs 0 Relun heck No -i / 4 p ? 1 4, _3ZYC42 -/ 171 IT 34. Foreign County vvvance Costs 36 Service Costs 37 Notary Cert . 38. Mileage/Postage/Not Found 39 Total Costs 40 Costs Due or Refund 41 AFFIRMED and subscribed t bef th O I ? O S . . o ore " is 42 day of MAY Signature 7 6 45. T,Fi U -.T - PR _ iOTARY 46. Signature of 'fork County Sheriff 47. DATE J - Gi"LLL"ui hi HOSEISHERiF 5/9/05 48 Signature Foreign Signature of 49 DATE County Shenf! 50 RELORN SIGNATURE IF 51 DATE RECEIVED I. Wl - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LIB 1 THRU 12 DO NOT DETACH ANY COPIES 1 3 & Sons Inc et al 2 Notice and Cornplaint SERE 5 NAME OF INDIVIDUAL. COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHff of SOLD Cabot R. Gre L 6 ADDRESS (STREET OR RFO WTH BOX NUMBER, APT NO, CITY. BORO TWP STATE AND ZIP CODE) AT 154 Leaders Heights Road York, PA 17403 7. INDICATE SERVICE- U PERSONAL U PERSON IN CHARGE U DEPUTIZE J CERT MAIL U 1 ST CLASS MAIL U POSTED 'J OTHER NOW March 17 2005 I, SHERIFF O TY, PA, do hereby deputize the sheriff of York COUNTY to execute this aakke?return t ` ccording to law. This deputization being made at the request and risk of the plaintiff r® SHERIFF OF TCOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE n 1fllilPr An(q ()Of oFc6uy??- Cuw1yela'o Please ma7i. return of service to Curnberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXCECUTION: ?!B. WAIVE WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possessio 8 notiymg person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before s sale thereof 9. TYPE NAME and ADDRESS of,A, ORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER II DATE FILED I ? II _ 1 1 1 1. . I 1 /`_ .'/- 12 . SEND NOTICE OF (This area must be co eted V 0 V4 ' 'FE -gwasw - M is 13. 1 acknowledge receipt of the writ % 14 DATE EI E 15. Expiratfon/Hean Date 0r complaint as indicated above. 3-17? L'-) ? 16. HOW SERVED. PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE SHERIFF'S OFFICE( ) OTHER SEE REMARKS BELOW 17. U I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18 NiVAEsAND TITLE OF INDIV?I UAL S?E1RY J LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19 Date of Service 20 Time of ervice h0 ti N-9 Y "C S/J t o?C/Lv _ G ? A-vCl- 4'S-D S /- , /)- 21 ATTEMPTS Dale Time [Miles Inn. I Date Time Miles Int Date Time Miles I IM. Date Time Miles ( Int. Date Time Mlles Int. Dale Time Miles Inn 23. Advance Costs 24 Service Casts 25 N/F 26 Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32 Tot. Costs 33 Costs Due a Refund Check Nr 34, Fomign County Cosa 35. Advance Costs 36 Service Costs 37 Notary Cent. 39. Mileage JPostagrJNOt Found 39 Total Costs 40 Costs Due or Refund 41. AFFIRMED and supscnbed to before me this 9TH ANSWERS 42. day of .20-2543 . PROTH / N TARP 44. Signal a of y Dep. S if - Z 45. O 4T? '0':S7- ` _ 46. Signature I York County Sheriff 47. DATE r IdiLL,LV i ri HOSE, SHERIF F 5/9/05 48 Signature of Foreign 49 DATE County Sheriff Acceptance Corporation ,? s r JI )"M I U IV ED nt - 51. DATE RECE ,.TITLEc I u nit OF UTHORIZED ISSUING AUTHORITY cAND'1 1. WHITE - Issuing Authority 2. PINK-Attorney 3. CANARY . Sheriffs Office 4. BLUE - Sherdrs Office Curtis R. Long Prothonotary office of the i9rotbonotarp Cumbprlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 4!Xg - 1333 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 R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717)')an_Ac'77