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Home My WebLink About06-1382COMMONWE.tITN OF -ENNSTWANIA ,\t Ci,O~UJRT,COMMON -1,(:AS~~ C`~~'" ~UDIItI~wAl(,DyIS~~TRIC/i~~~J ~- 1~' NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON -LEAS Ne. (~ ~ _ NOTICE OF APPEAL !-btice 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 mentioned below. ''~ _APPE1A_'^r~. ~ r- . ~_ .. ~ )f~r~nnc-`~ i-~n nnME a,~,mm~fl~ \v-, J ~ ( 1 my uANr ~O v ooE ~ A t~ 1 (o TIE Of Prei,t 1 ^ 1 ,~ 1}' U t Qr~ I I I ` SIGNATUIE OE APVHL ATTORNEY OR NT ~CV 20 n~ LT 20 This bock will be signed ONLY when this rarotion is required under Po. R.CP.JP. If appellant was CLAIMANT (See Pd. R.C.P.J.P. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as o 1001(6) in action before Disvict Justice, he MUST SUPERSEDERS ro the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signatwe o/ Prothonotary a Deprty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (rna section of form ro be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before DisMCt Justice. IF NOT USED, detach /ram copy of notice o/ appeal to be served upon appellee). PRAECIPE: To Enter rule upon 'L- s ~- _~ ,~, `--. Name d apoellee(s) ( p~ )within twenty (20) days after service RULES To ~ ~'~~~~-y "n S~-- , gspelee(s). N d appelgersl Ie(s), ro file a complaint in this upped suffer entry of judgment of ran pros s+oleae d enceAS~R err na etra.Rrr d aoar+ (1) You are nofified that a rule is hereby entered upon you ro file a corriploiM in this upped within twenty (20) days offer the date of service of this rule upon you by personal service or by certified a registered mail (2) N you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The daro of service of this rule if service was by mml is the Date: / 'L~n ~ ~ I() , 20r~~ AOPO 912A0 COURT Fli.r T/a 13E FILcU ~CdITN PROTIfONOTART PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Th+~ pu>o!olsu '.e A'~+5+ c r 'L.cD t ,; N 7~.N ~ L'u YS b~TER hLng fhi, notice rl o{;peaL Cl c,.k appi+CUL'~~ hoxesj COMMON WEALTH OF PENNSYLVANIA COUNTY OF .________- ___. - ___ __ .. _.. _. _. __ . _. _... . Ss AFFIDAVIT: f hereby swear of affirm that t served G a copy c` the Nobre of Appeai Comnx;~; i'ieas Nr, _____ _ _____, open the D;Srid Justice des+gnated therein on (Ja;a of sery irr,~ ____ _ _ uy personal semce ^u by (cert;fiedj (registered) mail, sender's :eceipt atiachetl Hereto, and upon the ap~tie, (narr+e! _ __ _ _ , on _ __ 2C _ ^ by penor,a; se~~,rce ^ by (certif;edj !registered) maii, Sender's receipt attached hereto ^ and further that I served th;e Rule to F,le a Cbmp;a,ni ~~cr_ompanying the ahova Nytice of Appeal upon the appellees) to whom the Rule was addressed on 20_ ^ by personal service ^ by (certified) (registeretl) ma+l, sender's reoe+pf at+ached hereto SWORN (AFFIRMED) AND Sli86Cf216ED BEFORE f1i_ THIS_,_ _____DAY OF '~ _~_-----------. LC-._... . Sgnature o/ avant Signature o/o/ficiai belore rNrom aff+daw! .vas n+a;ie Title o/ot/icial My commission expires on :0-- -- ~\ L..1 IV _~ /~ y_ ~~C (/~ V i' ~~ ~/)~\"~ l r' ~, ^- !'u r. rr ti'. -'_ .'r; i z,r c(~MMONwEALTH of PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIP T COUNTY OF: CDlSB88LAND CIVIL CASE` Mag. Dist. NO.. 09-1-01 PLAINTIFF: NgME and gDDaESS J8FF88Y S r80SE , ` MDJ Name. Hon. , 1814 C8881CVI8if DH I CHABLSS A. CLBD~T, JR N81P CIIl~88LAND, PA 17070 d names: 400 'BBID(~B' ST - L J ~~ OLDB T01PDT8 CODl~ONB SIIITB 3 VS, I ~ ~~IIl~"8$' ~8 PA -~ DEFENDANT` : ;NAME a Itl ADDRE~$ i~-. ~ rei2phone (717) 7745989. 17070 ~ $~pDS$S, `8T'`AL. rJAMB~ FABT$(/FABII3' ~ I . 17 1PHST 'HOiPXRD ST ...~._,.. ~ .,. ... - 17313..,.;,.,.. ., ,. _.. DALLASTOf~Tr P$ i ( JAM88 FABIB/FABIB HOM88 L .., ~ J 17 9fI8ST HO~PABD ST Docket No.: CV-0000750-OS DALLASTOifNN, PA 17313 Date Filed: .12/13/05 . ~ ...,..THIS IS T,A NOTIFY YOU IHAT-._„~ ~ ~ :,. ... . .::. ~ ~•: - Judgment ~ FO8 PLAINTIFF ® Judgment was entered for: (Name) ftnl3R .T7lFFRRV Si , ®Judgment was entered against: (Name) FASI B, aA>~as p in the amount of $ 5, n35.56 on: (Date of Judgment) 2/1 a/nF ^ Defendants are jointly and severally liable. (Date & Time) ^ Damages wdl be assessed on: Amount of Judgment $ 4, 881.56 -,` Judgment Costs $ 154.00 , ^ Th d d th t d Interest on Judgment $ .00 is case ismisse wi ou preju ice. ' Attorney Fees.' $ . 00 Total $ 5, 035.56 Amount of Judgment Subject to ^ Attachment/42 Pa.C.S. § 8127 $ Post Judgment Credits $ Portion of Judgment for physical Post Judgment Costs $ - - damages arising out of residential ------ --- - - lease $ Certified Judgment Total $ "-ANY P~ARTY`HAS:THERIGHT TO pPpEA4 WITHIN;30 DAY AFTER'THE ENTRY OF,PAJDGMENT BV: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 OFCIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN TH E COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS.AND NO FURTHER PROCESS MAY BE ISSUED BY THE Iy1AGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED INTHE COURT OF COM MON PLEAS, ANYONE INTEPESTED IN THE JUDGMENT MAYFILE ~ A REOUESTfOR. ENTRY bF SATISFACTION WITH TH,E MAGISTERIAL DISTRICT JUDGE.IF T,HEJUDGMENT DEBTOR PAYS IN FULL,. SETTLES, OR OTHERWISE:COMPLIES WITH THE JUDGMENT. F ~ , 1 ~~~ i ~~ ~ i "14/U0 ~ " - i i l Di tJ d M t t ~~ ` p ~ Date Y ~VV ric u ge ag s er a s , -(. ` I certify thaf this is a true and correct copy df the. record pf the prodeedings containing the fudgment. Date ,Magisterial District Judge My commission expires first Monday of January, 2008. SEAL AOPC 315-05 DATB PRINTHD: 2/14/06 10:36:15 AN COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT Of COMMON PLEAS r FROM ' 6 ~ 11 ~ ~~i.~~ 1. ~ ~ ~ ~ j ' ' lsrolGlAIDISTRICT 1 DISTRICT~JUSTICEJUDGMENT E_ ~ .i I ~ _. COMMON -LEAS Na /~ (. 1 . -_ 'r i i , NOTICE OF APPEAL Notce is given flat fire appellant has filed in the above Cowt of Comnan Pleas an appeal from the judgment rendered by the District Justice on the dote and in the case mentioned bekyw. NAME { AMELLAM ._ % - _ MAG. DIST NQ OR NAME O 0.l. 1 ,Jr 1 1 ~~ ~ 1 r ~~ i ~ ~ 1 ~ ~ ~l l t ~~ '~ ,~ ~~ i)I, ~ ~~ l~r (1~. ~ j ~a ~LLANI., F~~-l \ Y ~1~AT~--- ~~ l ~ ~1 t i 1 ~ M N THE ~ OF (R'enitrMl /1 r r ~ i ~. 1 (,CV20! . LT 20 This bock will be signed ONLY when this rotation is required under Pa R.C.P.JP. 70088. ' This Notice of Appeal, when recei by the District Justice, will operate as a SUPERSEDEA$ ro the judgment for ksoFssion in this case a uepury r, ~ It~ was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action tJe/ore District Justice, he MUST FILE A CO/NPLA/NT within twenty (20) days alter tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section o/ /am to be used ONLY when appellant was DEFENDANT (see Fa. R.C.P.J.P. No. 1(101 (7) in action before District Justice. IF NOT USED, detach loom copy of notice o/ appeal to be served upon appellee). PRAECIPE: To Prothonotary r Enter rule upon ' I` ~\ ). ~ , /ippellee(s), ro file a complaint in this upped Na~rre d appe/ke(sl r 1_~ -~ _... , (Common Pleas Na ` - - _ )within twenty (20) days after service ~i~, - f ~ '~ ~. l ~-" it _.~ i yi RULE: To ' ` ~ + (1 ~: = , appellee(s). '~ a eaaeuee/sl yle~ suffer entry of judgment of ran pros. SigrretUe M eF'PeYa~r ar ras atNrrney ar eperM (1) You are notified that a rule is hereby entered upon You ro file a complaint in this upped within twenty (20) days after the dale of service of this rule upon you by personal service a by certified ..r registered mail r (2) K you do rat file o complaint within this time, a JUDGh`~ENT OF NON PROS'NrILL BE ENTERED AGAINST YOU. (3) The dale of service of this rule S service was by mail is the date of mailing ~ ~ -- Doh: t 1 / t r !' , 20~: - ~ ~ S16+Mie d/ a AOPC 312-90 COURT FILE PROCf~ :.}i' SEF''tJiL:9= fJ~ NO i iCE OF APPEAL AND RULE TO FILE COMPLAINT IT„ t r _ _v „r A!-__ [_-, 4 ~ ~:~ YS A IER hldty f ~-. r;.-tco o+ t. eo: Ct t. r, a/;p;,c.t _ x.,.esi COMMON WEAI~N OI° F~F_NN SYt_VANIA COUNTY OF ..., AFFIDAVIT: ! hereb~• swe~ :.? affcr~ " try':: eeraed ,_ oy ~ ~~: _ ~ .-a- .. ,. ;;:; ~, , ~.'~.ric'. ausuce ~estg ~a[ed there,n c: s ~~ of s~ v'.~ _ _ _ _ G y' ersora: sen.~ce ^ hr c~rtihed; (registered) mail, sentler_ .. t~u_'t., 2f? ~t _._ .~, _ Drn_'~ cry _ __ ~`.- ~ ty 'ers~ ~ a .~~ cF~ 7 by (cero4ed' rPgs!ere~tl maii.. sender s recetp! attached hereto C, znd~f ,rt5et ' , ~.: .~ei ~ [ ~ ,. a::;n par yr:?g the aDtvr_ N;,t:cc a Apneai : eon the aPPellee(sl to whom the Rule a,z ,7^~.rsse , __ 20 a uy personAl servtcs ,~ by iceridied) iregi5eredj __ ___ _._.. __.- -- /lI ma - serde tti' ~. >t a [ ~ '.~rN S'NORN iAf ~ Fits[ j AtJr1 >3 ~ .'.::R r c L-{F: :" '. ~. ~1/d//i /,~ n ~iilb ~~ i ~,4~~~ ~W 5y ~ 'tv s S~[]I3(3fL(F vi tffen! Stgnalure o/ollr:'=r„tto 's :'r n„r,v,; _.,. ~. TdIP t (rrfi~.ai My commtss!or expires on .,. .• .~ r t ,. f m o' N~ PT, tape ~ - t ~ ,~ . - ~. ,~anlsaa Foy ~ ~ ' ~ O ~ ^'-~ ~ ~ 3 L: t 1~.3I.v Retum Heciept Fne u..r~ C'+r {Entlomroment Requlrotl) _ _ ~ HesvlNed Delivery Foe l7 (FneorsemNni ReWi[enl' ~rI 0 Total Pgslagx $ Foxy $ ~~ r' ~- ~ -i - f I O Semf To - {,C'~~( ~ O M1 Street. Apt No I Or PO BON NP ~~ ~ Irl ]`l ,` / ~ ~t~(~ ~ r + `C~. ~ , S l-l /1 It ^ ~ OOYI V NEAL7H Oi: pEMNSXlVM11~,, Noterlef Seal - - Ohrl~llm J. L.eonertf, Notary Public ~ Clb Of York,. York County °" My Comm e~lon Ezplres Sept. a2, 2007 IAMIIaP, PM~ryttiprklANOOeUon M Notrie~ ... - LS. Po :'~RTI stal Ser FIED vice MAIL RECEIPT Domes tic Mai l Only; No Insurance Coverage Prov ides ru m -0i o_ >a t ~ I _ _____ -. t. . M1 Het a- a l e (f (rpgn PrlH [ immk IryC O (] HesVictetl Delivery Fee (Entlarseme t Hequ o~ ~ ' ~ S Total Postage 8 Fees ~ ~' l11^'~~ ~ 0" -_ Sent To ' - 0 J Gc~~i~~~t ---- _ _ ,~ O M1 Sbeet, APL NO \^ lam.., __. or PO Box No ~~ ~ 1 ~ Or~~f r, ln'l, l1i \r`. AlV ~\'~_ _.-.. J~ ~~ ,~~1 ~A lei "Y ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. ROSE No. 06-1382 (Civil Term) Plaintiff vs. CIVIL ACTION -LAW James P. Fabie, Fabie Homes, James T. Fabie, Defendants A_yri110, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT FIRING A LAWYER. I F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUI AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA (717) 249-3166 BY: BcAI~ e5' Geoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 2') EAST PN/L1DEL'N/A $TRFET YORK, PA 1740! 7178483078 FAX 7D.898.2777 W I V IY: BIAXEGROSSL.9W. COM Kurt Blake, Esquire (68791) 29 E t Philadelphia Street York, PA 17401 (~~ 7) s4s-so7s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. ROSE Plaintiff vs. James P. Fabie, Fabie Homes, James T. Fabie, Defendants CERTIFICATE OF SERVICE No. U6-1382 (Civil Term) CIVIL ACTION -LAW AND NOW, this the 10"' day of April, 2006, the undersigned, does hereby certify that a true and correct copy of the Notice of Default in the above matter was served upon the following persons by United States Mail, Postage prepaid and addressed as follows: Jeffrey S. Rose 1814 Creekview Drive New Cumberland, PA 17070 t Date: <) `~ By KtYrE A. Blake, Esquire Blake & Gross, LLC 29 East Philadelphia Street York, PA 17401 Brnxe e+r Geoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHLLADELPHIA STREET Yonx, PA 17401 7U.89B.3078 FAx 717898.2777 W'WWBLAKEGROSSLAWCOM Johnson, Duffle, Stewart 8~ Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JEFFREY S. ROSE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiff N0.2006-1382 v. CIVIL ACTION -LAW JAMES P. FABIE, FABIE HOMES and JAMES T. FABIE Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm cLDjdsw.com JEFFREY S. ROSE Plaintiff v. JAMES P. FABIE, FABIE HOMES and JAMES T. FABIE Defendants COMPLAINT N0.2006-1382 CIVIL ACTION -LAW AND NOW, this ~27rM day of April, 2006, comes the Plaintiff, Jeffrey S. Rose, by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, P.C., and files this Complaint, and in support thereof aver as follows: 1. Plaintiff, Jeffrey S. Rose (hereinafter "Rose"), is an adult individual residing at 1814 Creekview Drive, New Cumberland, Pa 17070. 2. Defendant, James P. Fable (hereinafter "Contractor"), upon information and belief, is an adult individual residing at 313 Country Club Road, Red Lion, Pa 17356. 3. Defendant, Fable Homes, LLC, upon information and belief, is a Pennsylvania limited Liability Company with a principal place of business at 17 West Howard Street, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Dallastown, Pa 17313. 4. Upon information and belief, James P. Fabie serves as the president of the Defendant, Fabie Homes. 5. At all times relevant hereto, the Contractor and Fabie Homes were engaged in the business of painting the interior of residential properties. 6. Defendant, James T. Fabie (hereinafter "Employee"), upon information and belief, is an adult individual residing at 261 North Hartley Street, York, Pa 17404. 7. On or about September 6, 2005, Rose and the Contractor reached an oral agreement for the Contractor to paint the interior of the first floor of Rose's residence located at 1814 Creekview Drive, New Cumberland, Pa 17070, for the sum of $1,700.00. 8. The contract called for the work to commence on September 12, 2005 and to be completed on or before the end of September 14, 2005. 8. Upon information and belief, at some point between September 6, 2005 and September 12, 2005, the Contractor hired the Employee to perform interior painting services to the Plaintiff's residence. 9. On or about September 12, 2005, the Employee, hired by the Contractor, commenced painting the interior of the first floor of Rose's residence. 10. In reliance upon the time considerations of the oral contract, Rose contracted with D&L Flooring, Inc. to install hardwood floors to his residence. 11. After the Employee, as directed by the Contractor, partially pertormed the contracted for service, Rose discovered substantial damage to his residence. 12. Rose discovered the hardwood floor that was installed on time suffered paint damage and damage from drywall joint compound as the Contractor and the Employee did not finish the services in time pursuant to the contract. 13. Further investigation revealed that the electrical outlets and switches, carpeting and bath /shower facilities suffered severe paint damage. 14. Due to the Contractor and Employee's failure to complete the work called for by the contract in a timely, prudent and workmanlike manner, Rose suffered extensive property damages as stated herein and related costs including, but not limited to, loss of wages, moving expenses and additional repairs to the property. COUNT I -NEGLIGENCE Rose v. Contractor 15. The Plaintiff incorporates paragraph 1-14 of their Complaint as if fully set forth herein. 16. The Contractor painted or caused to have painted the Plaintiff's property in a less than workmanlike fashion, thereby causing extensive damages the residence. 17. The Contractor was negligent in actually and proximately causing the damage set forth herein in that the Builder or its agents, employees, or subcontractors improperly performed acts or omission in a manner including, but was in no way limited to the following: a) painting the interior of Rose's residence which was inadequate for the purpose it was intended; b) painting the interior of Rose's residence in violation or contrary to policies and procedures followed by the industry that would not allow the painting to ultimately be used for the purpose it was intended; c) painting the interior of Rose's residence in a manner that left the floor surfaces electrical outlets and switches and bath /shower facilities vulnerable to permanent damages; d) painting the interior of Rose's residence in a negligent manner that materials used to paint the interior caused extensive property damage to Rose's property and led to additional costs. 18. As a direct and proximate result of the Contractors' breach of duty set forth in the preceding paragraph, Rose has suffered damages to his property and related costs; and is entitled to recover damages, including attorney fees and court costs. WHEREFORE, Plaintiff requests this Honorable Court enter judgment in his favor and against the Defendant Contractor in an amount not in excess of the jurisdictional arbitration limits. COUNT ll -NEGLIGENCE Rose v. Emplovee 19. The Plaintiff incorporates paragraph 1-18 of their Complaint as if fully set forth herein. 20. The Employee painted or caused to have painted the Plaintiff's property in a less than workmanlike fashion, thereby causing extensive damages the residence. 21. The Contractor was negligent in actually and proximately causing the damage set forth herein in that the Builder or its agents, employees, or subcontractors improperly performed acts or omission in a manner including, but was in no way limited to the following: a) painting the interior of Rose's residence which was inadequate for the purpose it was intended; b) painting the interior of Rose's residence in violation or contrary to policies and procedures followed by the industry that would not allow the painting to ultimately be used for the purpose it was intended; c) painting the interior of Rose's residence in a manner that left the floor surfaces electrical outlets and switches and bath /shower facilities vulnerable to permanent damages; d) painting the interior of Rose's residence in a negligent manner that materials used to paint the interior caused extensive property damage to Rose's property and led to additional costs. 22. As a direct and proximate result of the Employee's breach of duty set forth in the preceding paragraph, Rose has suffered damages to his property and related costs; and is entitled to recover damages, including attorney fees and court costs. WHEREFORE, Plaintiff requests this Honorable Court enter judgment in his favor and against the Defendant Employee in an amount not in excess of the jurisdictional arbitration limits. COUNT 111 -BREACH OF CONTRACT Rose v. Contractor 23. The Plaintiff incorporates paragraph 1-22 of their Complaint as if fully set forth herein. 24. .Subsequent to verbal contract between Rose and Contractor and partial performance of work, Rose discovered substantial damage to the interior of his residence caused by the improper and negligent performance of interior painting. 25. The Contractor is engaged in the business of interior painting of residential homes and painted or contracted to have painted the interior of Rose's residence. 26. As such, the Contractor is charged with the duty of properly painting the interior of Rose's residence. 27. It was Rose's understanding at the time he contracted for the painting of the interior of his residence that he was purchasing a quality and workmanlike performance. 28. The Contractor is in breach of the contractual agreement in that he has failed to provide Rose with a quality, proper and workmanlike interior, residential paint job. 29. Plaintiffs relied in good faith upon the Contractor's representations that the interior, residential paint job was fit for its intended use and was not defective. 30. The Contractor knew or should have known that Rose would rely on the Contractor's representations that the interior, residential paint job was fit for its intended use and was not defective. 31. The improper, inadequate and defective interior, residential paint job was a breach of the Contractor's contractual relationship with Rose. 32. The Contractor is in breach of express and/or implied warranties of merchantability and fitness for a particular purpose, as a result of the defective, inferior, improper and negligent interior, residential paint job that was not fit for its intended use. 33. As a direct and proximate result of the Contractors' breach of its contractual duty set forth herein, Rose has suffered damages to his property and is entitled to recover damages set forth, together with other costs, including attorney fees and court costs. WHEREFORE, Plaintiff requests this Honorable Court enter judgment in his favor and against the Defendant Employee in an amount not in excess of the jurisdictional arbitration limits. COUNT IV -UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW Rose v. Contractor 34. The Plaintiff incorporates paragraph 1-35 of their Complaint as if fully set forth herein. 35. By engaging in the above described actions, the Contractor's conduct violates the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-2(4)(xvi), in that it made improvements to real property of a nature or quality inferior to or below the standard of that agreed to in writing. 36. The Contractor violated the Pennsylvania Unfair Trade Practices and Consumer Protection Law, in particular the following sections: a. causing likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services; b. representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or qualities that they do not have...; c. representing that goods or services are of a particular standard, quality, or grade ... if they are of another; and d. engaging in any other fraudulent conduct which creates a likelihood of confusion or of misunderstanding. 37. Rose reasonably relied upon the Contractor's deceptive trade practices in determining to purchase the services contracted. 38. Pursuant to 73 P.S. §201-9.2, Rose is entitled to an award up to three times the actual damages as described above, together with attorneys fees and such additional remedies as the court deems appropriate. WHEREFORE, Rose demands that the Contractor be directed to: A) Reimburse Rose for all the damage he has suffered; B) Pay Rose treble damages for its willful and intentional withholding of material information from Rose concerning the interior paint job; C) Pay all Rose's attorneys fees and costs in pursuit of this action; D) Pay all other damages and remedies the Court deems just and appropriate; and E) Pay Rose punitive damages for its outrageous conduct as averred above. Respectfully submitted, :274278 JOHNSON, DUFFIE, STEWART & WEIDNER By: ~. Wade D. Manle , Es ire I.D. No. 87244 VERIFICA T/ON 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. Date: o,~~ ~J~i~ CJ G e e .Rose CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 27r.~ day of ~ Psi c. , 2006, addressed to the following: Kurt A. Blake, Esquire Blake & Gross, L.L.C. 29 East Philadelphia Street York, PA 17401 JOHNSON, DUFFIE, STEWART & WEIDNER By: ~'~~ Ralph H. right, Jr., Esquire Attorney I.D. No. 56113 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff r~" ,.,, ::~ -'-, -n - - ---a - - - -r" m, r ~ - ~ ~'i _, i i_ r. _. -..J -n-r __..~ -T~ .ti ` v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Y S. ROSE, Plaintiff Vs. No. 2006-1382 AMES P. FABIE, FABIE HOMES, nd JAMES T. FABIE, Defendant NOTICE TO: Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner PO Box 109 Lemoyne, PA 17043-0109 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM THE ~ SERVICE HEREOF. BLAKE,& ¢ROSS, LLC BzaxE er Gnoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET Yoxx, PA 17401 717.848.3078 FAx 717.848.2777 WWW. BLAKEGROSSLAW. COM By: K rt A. B ake, Esquire Attorney NO. 68791 29 East P iladelphia Street York, PA 1.7401 (717)848-3078 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. ROSE, Plaintiff Vs. No. 2006-1382 JAMES P. FABIE, FABIE HOMES, and JAMES T. FABIE, Defendant DEFENDANTS', James P. Fabie and Fabie Homes, Answer to Pl~ntiff s Complaint and New Matter l/ AND NOW, this the I day of April, 2007, comes the Defendants, James P. Fabie and Fabie Homes, and in response to the Complaint of Plaintiffs avers as follows: 1. Admitted. 2. Admitted and Denied. It is admitted that James P. Fabie is an adult individual of York County, PA. It is denied that he had any contractor relationship with Plaintiff. 3. Admitted and Denied. It is admitted that Fabie Homes, LLC is a Pennsylvania limited Liability Company with a business address of 17 West Howard Street, Dallastown, PA 17313. DENIED. It is denied that Fabie Homes, LLC is a party hereto, nor had been properly named. 4. The averments of Paragraph 4 of the Plaintiff's complaint are conclusions of law to which no reply thereto is necessary. 5. Admitted. BLAKE Fl' GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK PA 17401 717.848.3078 FAx 717 848.2777 WWW. BLAKEGROSSLAW. COM 6. The averments of Paragraph 6 do not apply to the answering Defendants, thus such is not responded to. 7. The averments of Paragraph 7 of the Plaintiff's complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, it is specifically denied that Plaintiff and Contractor reached any kind of agreement, contractor or otherwise. By way of further answer, James P. Fabie, provided the name of another individual, his cousin, James T. Fabie, to the Plaintiff, as a suggestion given the Contractor's inability to work such job into his schedule. It is denied that there was ever any relationship established for Contractor to perform any work for Plaintiff. 8. The averments of Paragraph 8 of the Plaintiff s complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, it is specifically denied that Employee (as classified in Plaintiff's complaint) was in any capacity an employee or independent contractor for Contractor. 9. After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiffs Complaint Paragraph 9, insomuch as the Answering Defendant had no involvement in the work at Plaintiff's residence. 10. The averments of Paragraph 10 of the Plaintiff's complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive BLAKE f~l' GROSS, L.L.C. ATTORNEYS ANU COUNSELLORS AT LAW 29 EAST Pe~LA~ELPxrA STREET YORK, PA 17401 717.848.3078 FAx 717848.2777 WWW. BLAKECROSSLAW. COM pleadings should be required, After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiff's Complaint Paragraph 10. 11. The averments of Paragraph 11 of the Plaintiff s complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiffs Complaint Paragraph 11. 12. The averments of Paragraph 12 of the Plaintiff s complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiffs Complaint Paragraph 12. 13 . The averments of Paragraph 13 of the Plaintiff s complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiffs Complaint Paragraph 13. BLAKE Cpl' GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAx 717.848.2777 WWW. BLAKECROSS'LAW. COM 14. The averments of Paragraph 14 of the Plaintiff s complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiff's Complaint Paragraph 14. COUNTl -Negligence Rose vs. Contractor 15. The Averments of Paragraphs 1-14 of Answering Defendants' answer, are incorporated herein by reference thereto, as if set forth at length herein. 16. The averments of Paragraph 16 of the Plaintiff s complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiff's Complaint Paragraph 16. 17. The averments of Paragraph 17 of the Plaintiff s complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiff's Complaint Paragraph 17. 17 (a - d) The averments of Paragraph 17 (a-d) of the Plaintiff's complaint are conclusions of law to which no reply thereto is necessary. In BLAKE e'r Gnoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK P,4 17401 717.848.3078 FAx 717.848.2777 WWW. BLAKEGROSSLRW. COM the event a responsive pleadings should be required, After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiff's Complaint Paragraph 17 (a-d). 18. The averments of Paragraph 18 of the Plaintiff's complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiff's Complaint Paragraph 18. WHEREFORE, Answering Defendants request that the Complaint of Plaintiff be (dismissed. COUNT II -Negligence Rose vs. Employee 19 - 22 The provisions of Paragraph 19-22 are inapplicable to Answering Defendants, and therefore have not been answered. COUNT III -Breach of Contract Rose vs. Contractor 23. The Averments of Paragraphs 1- 22 of Answering Defendants' answer, are incorporated herein by reference thereto, as if set forth at length herein. 24 - 33 The averments of Paragraph 24 - 33 ofthe Plaintiff's complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, After reasonable BraxE dr Gnoss, L.'L. C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORx, PA 17401 717.848.3078 FAx 717.848.2777 WWW. BLAKEGROSSLAW. COM investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiff's Complaint Paragraph 24 - 33. WHEREFORE, Answering Defendants request that the Complaint of Plaintiff be dismissed. COUNT IV -Unfair Trade Practices and Consumer Protection Law Rose vs. Contractor 34. The Averments of Paragraphs 1- 3 3 of Answering Defendants' answer, are incorporated herein by reference thereto, as if set forth at length herein. 35, 36, 36 (a-d), 37 and 38. The averments ofParagraph 35, 36, 36 (a-d), 37 and 38 ofthe Plaintiff's complaint are conclusions of law to which no reply thereto is necessary. In the event a responsive pleadings should be required, After reasonable investigation, the Answering Defendants are without sufficient information, knowledge or belief to form an averment to the allegations of Plaintiff's Complaint Paragraph 35, 36, 36 (a-d), 37 and 38. WHEREFORE, Answering Defendants request that the Complaint of Plaintiff be dismissed. NEW MATTER 39. The Averments of Paragraphs 1- 3 8 of Answering Defendants' answer, are incorporated herein by reference thereto, as if set forth at length herein. 40. The Plaintiff has failed to properly name Answering Defendants. 41. The Plaintiff has failed to state a cause of action. BLAKE ?~'" GROSS, L.L. C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PNILADELRHlA STREET YORK PA 17401 717 848.3078 FAx 717848.2777 WWW. BLAKEGROSSLAW. COM 42. The Employee (as set forth in Plaintiff's complaint) had no employment relationship with Answering Defendants. 43. The employee was acting in an own accord and capacity, and in no way was a part of the answering defendants. 44. There was no agreement at any time reached by Contractor and Plaintiff. 45. Contractor at no time performed in any way or purpose for Plaintiff. Respectfully submitted, BLAKE & GRAS, LLC BLAKE ~7" GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717848.3078 FAY 717.848.2777 WWW. BLAKEGROSSLAW. COM Apri123rd, 2007 By: K~rt .Blake (68791) 29 Eas Philadelphia Street York, A 17401 717-848-3078 ext 106 Kblake4(a),comcast.net '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA $EFFREY S. ROSE, Plaintiff V s. No. 2006-13 82 AMES P. FABIE, FABIE HOMES, '~ d JAMES T. FABIE, Defendant CERTIFICATE OF SERVICE ~ I, the undersigned, do hereby certify that I have served a true and correct copy of the foregoing, upon the following person, by United Stakes Mails, postage prepaid and addressed as follows: n i Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner PO Box 109 Lemoyne, PA 17043-0109 Dated: Apri123`d, 2007 B . Kurt A. Blake BLAKE er GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 2.~ EAST PH/LAD£LPHIA STREET YORK, FA 17401 717.848.3078 FAx 717.848.2777 WWW. BLAKEGROSSLAtG: COM ~~ r-~ ~ c . _ ..-~ ._ . ~, ~-s ~ - c.:~~ - . ~. .. ,. ""'~ ~ _ r-l C~7 . ~y f C'~ ,,,y, .ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI~IIA JEFFREY S. ROSE Plaintiff JAMES P. FABIE, FABIE HOMES, and JAMES T. FABIE . Defendant 2006-13 82 PRAECIPE TO THE PROTHONOTARY: BLAKE P?'' GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK PA 17401 717.848.3078 FAx 717.848.2777 WWW. RLAKEGROSSLAW."COM Please be advised that this office neglected to attach the "verification" when we submitted the answer to the complaint and new matter for the above referenced matter. Please find the verification enclosed. ~~~u a~ 2_. By: k~~ Kurt A. Blake, Esquire I.D. No. 68791 29 East Philadelphia Street York, Pennsylvania 17401 (717) 848-3078 ~j • W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. ROSE Plaintiff 2006-1382 JAMES P. FABIE, FABIE HOMES, and JAMES T. FABIE Defendant CERTIFICATE OF SERVICE I, the undersigned do hereby certify that I have served a true and correct copy of BLAKE ZIT ~iROSS, L.L. C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAx 717.848.2777 WWW. BLAKEGROSSLAW. CUM the foregoing upon the following person by United States Mails, First Class, Postage pre- paid and addressed as follows: Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner PO Box 109 Lemoyne, PA 17043-0109 Date: By: Kurt~A. Blake, Esquire I.D. No. 68791 29 East Philadelphia Street York, Pennsylvania 17401 (717) 848-3078 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY S. ROSE Plaintiff 2006-1382 JAMES P. FABIE, FABIE HOMES, and JAMES T. FABIE Defendant VERIFICATION BI AKF er Gnoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717.848.3078 FAx 717.848.2777 WWW. BLAKEGROSS'LAW. COM I, the undersigned, hereby verify that the statements in the foregoing Answer are true and correct to the best of my understanding. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904, relating to Unsworn Falsifications to Authorities. oarE ~1a31c~ BY: J abie f"? ~' (] c-. -- ~ -~, .- ~ ~, ~ I'T'1 =~!~ ~.' ~ { 4,,.' :3 '~ ~~ ! ,_,~ ~ ` ~ ~ ~~-,, 'rt ~ ' ~ c , , r ~ l -~ -- ~ . s Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I.D. No. 87244 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm a~jdsw.com JEFFREY S. ROSE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. Plaintiff NO. 2006-1382 v. CIVIL ACTION -LAW JAMES P. FABIE, FABIE HOMES and JAMES T. FABIE, : JURY TRIAL DEMANDED Defendants PLA/NTtFF'S REPLY TO NEW MATTER OF DEFENDANTS AND NOW, comes the Plaintiff, Jeffrey S. Rose, and files the following Reply to New Matter of the Defendants, James P. Fable, Fable Homes, and James T. Fable, and in support thereof avers as follows: 40. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. If it is deemed that a response is required, the Responding Plaintiff denies the same and strict proof thereof is demanded at the time of trial. 41. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. If it is deemed that a response is required, the Responding Plaintiff denies the same and strict proof thereof is demanded at the time of trial. 42. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. If it is deemed that a response is required, the Responding Plaintiff denies the same and strict proof thereof is demanded at the time of trial. 43. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. If it is deemed that a response is required, the Responding Plaintiff denies the same and strict proof thereof is demanded at the time of trial. 44. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. If it is deemed that a response is required, the Responding Plaintiff denies the same and strict proof thereof is demanded at the time of trial. 45. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. If it is deemed that a response is required, the Responding Plaintiff denies the same and strict proof thereof is demanded at the time of trial. Respectfully submitted, DATE: ~s(o? JOHN ON, DUFFIE, S By: ~ Wade D. and 301 Market St e P. O. Box 109 Lemoyne, PA 1 (717) 761-4540 TEWART & WEIDNER uire 297054 CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Kurt A. Blake, .Esquire Blake & Gross, LLC 29 East Philadelphia Street York, PA 17401 JOHNSON, DUFFIE, S~ _`~,& WEIDNER By: Carl n S. Jense r ~ ~."~ ~ ~ .-~ Y..,. ~ '~ "'~ .-rah-;' ~m ~"7 ~~.-'- ~ ,1,~~ mil' ~. ~~/_ - l° i i ~.,... ~'~ ,..J i -'1 .~5 '; f~ ~ ~ t~. _ '~ 2 0 0 13 1 Johnson, Duffle, Stewart & Weidner jplp 10. (q By: Wade D. Manley, Esquire I.D. No. 87244 'Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com JEFFREY S. ROSE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNA. V. NO. 2006-1382 JAMES P. FABIE, FABIE HOMES CIVIL ACTION - LAW and JAMES T. FABIE, Defendants JURY TRIAL DEMANDED PRAECIPE TO PROCEED WITH MATTER TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please note the Plaintiff's intent to proceed with the captioned matter. If the matter is listed or intended to be purged or discontinued, please remove the matter from such a list. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Wad D. M y- Attorney I.D. o. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 g?rol?Q Attorneys for Plaintiff DATE: 409998 14469-1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Praecipe to Proceed With Matter upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the 10 day of , 200, addressed to the following: Kurt A. Blake, Esquire Blake & Gross, L.L.C. 29 East Philadelphia Street York, PA 17401 JOHNSON, DUFFIE, STEWART & WEIDNER (N )?c I By: Wade D. Manldy, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 7614540 Attorneys for Plaintiff aF CUD avid 1D. BueCC M d P Renee IC, Simpson Prothonotary 1st Deputy prothonotary o KirkS. Sohonage, ESQ AV. Irene E. Alorrow Solicitor 1750 2"d Deputy prothonotary Office of the Prothonotary Cum6er(and County, Pennsylvania OID — 138,2_ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • E (717)240-6573