HomeMy WebLinkAbout06-0390
COURT OF COMMON PLEAS
Judicial District, County Of &,,m be v i cu-Ld
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. C)& -
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 District Justice on
the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. IN
) - ,- NAME OF D.J. ??11,,,,
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ADDRESS F AP ELL I CITY TATE ZIP CODE
7 1 c 'r ' e-h Road YI IT
DATE 0 JUD MENT IN THE CASE OF (Plainfim (parentl j
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DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGE NT
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) 47 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 COMPLA T MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of A PEAL.
Sgnatu ofProthonotary or Depaly
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO
(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 _ at l L S ? ?Str a I rc ra-_ appellee(s), to Ile a complaint in this appeal
Name of appellees)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer lull RULE: To I ' 1/11( I appellee(s)
?--1? Name of appellees)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty
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
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: J d0 U , 20D b YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH
AOPC 312-02
of judgment of non pros.
of appellant or attorney or agent
days after the date of service
YOU.
NOTICE OF APPEAL.
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST DE FILED VoTNtN TEN (10) DAYS AF t ER fling o€ the notrce c ,r ra:,aL Cr Y F aGd>fica ? rcx:a
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF : ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal. Common Pleas No. upon the Distr nr Justlr;e del a r !, d
(date of service) . 20 by persona ?crvica
sender `s receipt attached hereto, and upon the appellee, (name) (..
20 [1 by personal service T_: t,r ,certified} ,r< yis,ered> n?aYl,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF .20
Snynafore of otflciol beroro whom dflklavit was made
T,se of ontcrat
My commission expires on
20
r ^e (i ,rt.<,rt
43
AOPC 312A - 92
"6OMMONWEALTH OF PENNSYLVANIA
r.nl INTV nF. CUMERLAND
Meg. Dlst_ No..
09-3-02
MDJ Name: Hon.
VIVIAN COHICK
AddfPss PO BOX 155
27 N BIG SPRING AVE
NENVILLE, PA
Telephone. (717) 776-3187 17241
MICHAEL/JULIA BLESSING
72 MCALLISTER CHURCH RD
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment:
® Judgment was entered for: (Name)
® Judgment was entered against: (Name)
in the amount of $ 1 , 003 _ 00 on:
? 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 $
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL C SE
NAME and ADDRESS _
'STRAYER II, CHARLES B
3468 TRINDLE RD
CAMP HILL, PA 17011
L
DEFENDANT:
'BLESSING, MICHAE
72 MCALLISTER CH
CARLISLE, PA 170
L
Docket No.: CV-000018
Date Filed: 12/06/05
(Date of Judgment)
(Date & Time)
Amount of Judgr
Judgment Costs
Interest on Judgi
Attorney Fees
Total
Post Judgment
Post Judgment
Certified
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILI
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF A
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRI
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL Fu
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE IV
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGME
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
6/^ / 7` 062 Date
I certify that this is a true and correct copy of
Date
L
J
NAME and ADDRESS
JULIA
.CH RD
I X%
------------
Total $
A NOTICE
JUDGES, IF THE
HER PROCESS MUST
ISTERIAL DISTRICT JUDGE.
E JUDGMENT MAY FILE
DEBTOR PAYS IN FULL,
terial District Judge
record of the proceedings containing the judgment.
vial District Judge
I
My commission expires first Monday of January, 2012 .
AOPC 315-05 DATE PAINTED: 1/17/06 11:46:54 AM
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AFFID AV' ? here')y (swear} (affirm) that i sr; -
-; a copy of the Notice of Appeal, G
(date <.t ur rr:e)?u? ?' i.?
sender's eceipt attached hereto -
!f y„ av 2t;, i :
gender S r 91pt attached hereto.
(SWORN)(A? IRMED)ANYSUBSGRIBEDBEFGF:
i_Q DAY QF pcg fy , 20 6II r
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0 PEAL AND RULE TO FILE COMPLAINT
AFTER filing of the noireE of appeal Check applicable boxes)
Gu'??? upon the District Justice designated thprein on
bypersonaat ?swvice?c^bY (certiri, )(registered) mail,
!(tee (name)..l,.l?iUYlw ,Gl (S r jE on
)ersonai service I by {certid) i egtstered) mail,
sq'01"re ofoffianf
SlgriSturg os oibeia! bef?y /wHbrAa7rK7avat wos m.1w
n:re of omcialt ."
COMMONWEALTH OF PENNSY., ' h9t-
Mycommtssi, expi an POW ftli
Tsernia L Pella, Na"PUE I :
South k4ddtaogTV,Q Milli dadI! IiIt
1* Gam E*VwSOL 9 11
Member. Peorw0vanla Assotieeon Of r ? '.'.I rin
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AOPC 312A - 02
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
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 District Justice on
the date and in the case referenced below.
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
Slynatura Of Prothonotary or Deputy
r NAME OF D.J.
STATE ZIP COOS
(Defendant)'
!NATURE OF APPELLANT OR ATTORNEY Oft AGENT
If appellant was Claimant (see Pa. R.C.P.O.J. No. 1001(6) in action
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
(Common Pleas No.
Name of appellee(s)
appellee(s), to file a complaint in this appeal
within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature orappellant or attorney or agent
RULE: To , appellees)
Name of appeffee(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 MAYBE 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 puty
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
CHARLES B. STRAYER, II,
Plaintiff
V.
MICHAEL BLESSING and JULIE
BLESSING, husband and wife
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CV - 180 - 20}05
0(1 - 396
l i u L?FJ2-Y' 1
CIVIL ACTION - LAW
NOTICE TO DEFEND
TO THE DEFENDANTS NAMED HEREIN:
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 is served, by
entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to
the claims set forth against you. You are warned that if you
fail to do so, the case may proceed without 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
1-800-990-9108
KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
CHARLES B. STRAYER, II, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. CV - 180 - 2005
MICHAEL BLESSING and JULIE
BLESSING, husband and wife CIVIL ACTION - LAW
Defendants
C O M P L A I N T
AND NOW, comes Charles B. Strayer, II, by his attorney,
Kenneth F. Lewis, files this complaint and avers as follows:
1. The plaintiff, Charles B. Strayer, II, resides at
3468 Trindle Rd., Camp Hill, Cumberland County, PA 17011.
2. Defendants, Michael and Julie Blessing, reside at
72 McAllister Church Road, Carlisle, Cumberland County, PA 17013.
3. In September of 2004, the Defendant's purchased the
home located at 72 McAllister Church Road from Plaintiff and his
wife.
4. When the Defendants moved into the aforementioned
home, Plaintiff left his Great Dane commercial lawn mower on the
premises for their use to see if they wished to purchase it from
him.
5. At no time did Plaintiff tell either Defendant
they could simply keep the mower without paying for it.
6. The parties spoke by telephone around Thanksgiving
of 2005, but when Plaintiff inquired as to the mower, Mr.
Blessing simply told him it worked fine, but that they had
company and would have to talk later.
7. In the summer of 2005, Plaintiff left numerous
telephone messages for Defendants to inquire as to the status of
the mower.
8. These calls were never returned by Defendants.
9. In late summer, after the aforementioned calls,
Plaintiff called and Mrs. Blessing answered the phone. When Mr.
Strayer asked as to the status of the mower, she told him he had
"abandoned" it and she would not return it or pay for it.
10. On September 14, 2005 and September 22, 2005, the
undersigned attorney wrote letters to the Defendants requesting
they either return the mower or pay for it.
11. The Defendants did not respond to either letter.
12. The blue book resale or replacement value of the
mower is $3,580.00.
, Plaintiff requests judgment as follows:
1) for the return of the mower, plus costs and such
further relief as this Honorable Court deems just; or, in the
alternative;
2) in the amount of $3,580.00, plus costs and such
further relief as this Honorable Court deems just.
y submitted,
DATE: ZlZle? 1 ,6
KE ETH F. LEWIS
Attorney for Plaintiff
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
VERIFICATION
I hereby verify that the statements made in the foregoing
document 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 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
Dated: 2-1?'la
STIZAYE
CERTIFICATE OF SERVICE
I certify that I have served a true and correct copy of
the within document upon attorney for Defendants by mailing same,
postage prepaid at Harrisburg, PA, on February 3, 2006, addressed
as follows:
Michael J. Whare, Esq.
Rominger, Bayley & Whare
155 South Hanover St.
Carlisle, PA 17013
DATED: 2/3/06
LEWIS, ESQUIRE
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CHARLES B. STRAYER, :IN THE COURT OF COMMOM PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: DOCKET NO: CV-180-2005
V.
SUMMARY APPEAL
MICHAEL BLESSING and JULIA,
BLESSING, as husband and wife : CIVIL ACTION - LAW
Defendants
NOTICE TO PLEAD
TO: Charles B. Strayer, II, C/O
KENNETH F. LEWIS, ESQUIRE
11o1 North Front Street
Harrisburg, PA 17102
You are hereby notified to file a written response to the enclosed Answer, New
Matter & Counterclaim within twenty (2o) days from service hereof or a judgment
may be entered against you.
Respectfully submitted,
Rominger, Bayley and Whare
Michael O. Palermo, Jr., squire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Defendant
CHARLES B. STRAYER, II, :IN THE COURT OF COMMOM PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
DOCKET NO: CV-180-2005
V.
MICHAEL BLESSING and JULIA,
BLESSING, as husband and wife,
Defendants
SUMMARY APPEAL
CIVIL ACTION
DEFENDANT'S ANSWER & NEW MATTER
AND NOW, comes Defendant's Michael & Julia Blessing, by and through their
attorney, Michael O. Palermo, Jr., Esquire and hereby files the following Answer &
New Matter to the Complaint filed by Plaintiff in this matter and avers as follows:
I. ANSWER:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in Part; Denied in Part. It is admitted that the Great Dane
Commercial Lawn Mower (hereinafter referenced as "mower") has been on
Defendant's premises for approximately eighteen (18) months since the sale
of the residence. It is denied that said "mower" was left on Defendant's
residence for their use to see if they wished to purchase the mower as Plaintiff
avers.
5. Denied & strict proof of the same is demanded at trial.
6. Denied & strict proof of the same is demanded at trial.
7. Denied & strict proof of the same is demanded at trial.
8. Admitted as Plaintiff had an unlisted telephone at the time.
9. Denied & strict proof of the same is demanded at trial.
10. Admitted.
ii. Admitted.
12. Denied, as Defendant's are without sufficient knowledge of the
resale/replacement value of said mower.
WHEREFORE, Defendant's respectfully requests a judgment be entered
against Plaintiff and for Defendant granting them sole ownership to the mower in
question.
H. NEW MATTER
ABANDONMENT
13. Paragraphs 1-12 are incorporated herein as if fully set forth.
14. Plaintiff sold the residence located at 72 McAllister Church Road, Carlisle,
Cumberland County, Pennsylvania to Defendant's on or around September
2004.
15. At the time of said sale, numerous items were left in Defendants house as
well as on Defendants property/cartilage.
16. Plaintiff has never made a demand on Defendant's for any of the items in
Defendant's house, including a refrigerator, an organ and Plaintiffs family
photographs.
17. Plaintiff stated that all of the above listed items on Defendants property
were theirs to keep.
18. Said mower was maintained on Defendant's property for approximately
eighteen (18) months, twelve (12) of those months without inquiry from
Plaintiff.
19. Additionally, when Plaintiff finally inquired about the mower, he simply
asked how it was working, Plaintiff at no time proposed a purchase price for
said mower until Defendant's received demand letters in September 2005.
WHEREFORE, Defendant's respectfully requests that this Court find that
Plaintiff constructively abandoned said mower on Defendant's property and is
hereby estopped from seeking ownership and or damages for said mower.
III COUNTERCLAIM/CLAIM FOR STORAGE/MAINTENANCE COSTS
20. Paragraphs 1-19 are incorporated herein as if fully set forth.
21. The mower in question has been on the property/cartilage of Defendant's for
the past eighteen (18) months.
22. Defendant's have since made improvements to said mower in the form of
repairing and replacing certain parts, as well as maintaining and protecting
said mower from the elements.
23. Defendants have expended their own funds in addition to their own time in
caring for and maintaining the mower in question.
WHEREFORE, should this Honorable Court rule that the mower must
be returned to Plaintiff; Defendants ask that this court award them storage and
maintenance costs of seventy-five ($75.00) dollars per month, retroactive from
September 2004 to the date of trial in this matter; or any other award or relief as
this Honorable Court deems necessary.
$-A
Date: March # 20o6
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
Michael O. Palermo, Jr., squire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court ID # 93334
Attorney for Defendant
CHARLES B. STRAYER,
Plaintiff
V.
MICHAEL BLESSING and JULIA,
BLESSING, as husband and wife
Defendants
IN THE COURT OF COMMOM PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
( (-3r%i) (`/L, 1, L-
DOCKET NO: CV-180-2005
SUMMARY APPEAL
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Michael O. Palermo, Jr., Esquire, attorney for Defendant, do hereby certify that
I this day served a copy of Defendant's ANSWER, NEW MATTER &
COUNTERCLAIM upon the following by depositing same in the. United States Mail,
first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Charles B. Strayer C/O
KENNETH F. LEWIS, ESQUIRE
11o1 North Front Street
Harrisburg, PA 17102
Dated: March Q 2oo6
Respectfully submitted,
ROMINGER, BAYLEY & WHARE
Michael O. Palermo, Jr., Esquire
155 South Hanover Street
Carlisle, PA 17013
(717) 241-6070
Supreme Court II) # 93334
Attorney for Defendant
VERIFICATION
I verify that I am the petitioner and that the statements made in the foregoing Petition are
true and correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C. S. § 4904, relating to unswom falsification to authorities.
Date: i - ? d _
Michael lessing
_ t
_.
`
`,
KENNETH F. LEWIS, ESQUIRE
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
Attorney for Plaintiff
CHARLES B. STRAYER, II,
Plaintiff
V.
MICHAEL BLESSING and JULIE
BLESSING, husband and wife
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-390
CIVIL ACTION - LAW
REPLY TO NEW MATTER and COUNTERCLAIM
AND NOW, comes Charles B. Strayer, II, by his attorney,
Kenneth F. Lewis, files this Complaint and avers as follows:
NEW MATTER
13. No response is required.
14. Admitted.
15. Admitted.
16. Admitted.
17. Admitted.
18. It is admitted that the subject mower has been on
Defendants' property for over 18 months. Plaintiff has been
attempting to get the mower or payment for the mower since the
summer of 2005.
19. It is admitted that when Plaintiff called
Defendants in November of 2004, the purchase of the mower was not
discussed as Plaintiff was told the Defendants had company and
the phone call was cut short.
COUNTERCLAIM
20. No response is required.
21. Admitted.
22. Plaintiff is without sufficient information,
knowledge and/or belief to respond. Strict proof of the averment
is demanded.
23. Plaintiff is without sufficient information,
knowledge and/or belief to respond. Strict proof of the averment
is demanded.
WHEREFORE, Plaintiff requests the Court to dismiss
Defendants' claim for storage and maintenance costs as frivolous.
Respectfully submitted,
T
DATE: 3/29/06 4 Lo
KEN ETH F. LEWIS
Att rney for Plaintiff
Attorney I.D. #69383
1101 North Front Street
Harrisburg, PA 17102
(717) 234-3136
I hereby verify that the statements made in the foregoing
document 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 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
Dated: 3/29/06 < i"2
CHARLES B. S "1RAi'SI?, II
CERTIFICATE OF SERVICE
I certify that I have served a true and correct copy of
the within document upon attorney for Defendants by mailing same,
postage prepaid at Harrisburg, PA, on the date listed below,
addressed as follows:
Michael O. Palermo, Jr.,
Rominger, Bayley & Whare
155 South Hanover St.
Carlisle, PA 17013
DATED: 3/29/06
Esq.
/67 0 -
KENN TH . LEWIS, ESQUIRE
Curtis R. Long
Prothonotary
office of the Vrotbonotarp
Cumberrarlb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
n1n -39n CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573