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HomeMy WebLinkAbout02-1516SHIPPENSBURG AREA SCHOOL DISTRICT APPELLANT, VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and HOOKE AND SUTER PARTNERSHIP, APPELLEES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 00, 15-1(Q REAL ESTATE TAX ASSESSMENT APPEAL PETITION OF APPEAL FROM DETERMINATION OF REAL ESTATE TAX ASSESSMENT RE: SOUTHAMPTON MANOR TAX PARCEL NO. 39-13-0102-016G TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Shippensburg Area School District, by and through its attorney, Jerry A. Weigle, Esquire, and respectfully represents as follows: The Appellant herein is the Shippensburg Area School District, a public school district situated partly in Franklin County, Pennsylvania, and partly in Cumberland County, Pennsylvania, with its principal office at 317 North Morris Street, Shippensburg, Pennsylvania 17257. 2. The Appellees herein are: a. Cumberland County Board of Assessment Appeals, the duly constituted board of assessment appeals for the County of Cumberland, Pennsylvania, having its office at Old Courthouse, 1 Courthouse Square, Carlisle, PA 17013 (hereinafter called "Appellee Board"). b. Hooke and Suter Partnership, the reputed owners of the subject real estate, Southampton Manor Mobile Home Park, its mailing address being 322 South Hanover Street, Carlisle, Pennsylvania 17013, (hereinafter called "Appellee Owner"). 3. The subject premises is real estate situated in Southampton Township, Cumberland County, Pennsylvania, improved with a mobile home park community known as Tax Parcel No. 39-13-0102-016G (hereinafter called "subject premises"). 4. The subject premises is within the Shippensburg Area School District and is a portion of the real estate tax base of Appellant's real estate tax. 5. The real estate tax assessment for the subject premises was heretofore fixed by the Cumberland County Real Estate Tax Assessor at $514,100.00. WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 6. Appellant appealed said assessment by filing an assessment appeal with the Appellee Board on August 31, 2001. 7. Appellee Board held a hearing on said appeal on February 11, 2002. The original hearing was continued at the request of the Appellant. 8. By notice dated February 27, 2002, the Appellee Board determined that there would be no change to the assessed value of the subject premises (see Exhibit A attached hereto). 9. The computed market value of the subject premises at the time of said hearing based upon the above assessment and prevailing common level ratio is $514,100.00. 10. The actual market value of the subject premises is greater than $514,100.00. 11. The determination of the real estate tax assessment for the subject premises by the Appellee Board will result in inappropriately lower real estate taxes being paid to Appellant and other real estate taxing bodies by the Appellee Owner. 12. Said determination was improper and is prejudicial to Appellant in removing a substantial portion of Appellant's tax base. 13. Appellant is aggrieved by the Appellee Board's aforesaid determination. 14. Other parties having an interest in this matter because of real estate tax levying power are: a. Cumberland County, having its offices at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. b. Southampton Township-Cumberland County, having its offices at 200 Airport Road, Shippensburg, PA 17257. WHEREFORE, pursuant to 72 P.S. 5453.706 and/or 72 P.S. 5020-520, Appellant hereby appeals from the Appellee Board's determination aforesaid and requests your Honorable Court to hear and determine the matter de novo in accordance with law. Respectfully submitted by SHIPPENSBURG AREA ^ ? l?C Jeyfy A. W?igle, Esquire EIGLE & ASSOCIATES, Attorney ID #01624 126 East King Street Shippensburg, PA 17257 Telephone 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 I Cumberland County Board of Assessment Appeals Old Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6350 (717) 240-6354 (fax) Board of Assessment Appeals BONNIE M. MAHONEY Lloyd W. Bucher Chief Assessor R. Fred Hefelfinger Sarah Hughes STEVEN D. TILEY Assistant Solicitor CORRECTED DECISION ORDER MAILING DATE: February 27, 2002 PARCEL NUMBER: 39-13-0102-016G HOOKE & SUTER PARTNERSHIP JERRY A WEIGLE, ESQUIRE WEIGLE, PERKINS & ASSOCIATES 126 EAST KING STREET SHIPPENSBURG PA 17257 i Dear Property Owner: This letter is to officially notify you of the decision of the Cumberland County Board of Assessment Appeals regarding the above-referenced parcel. DATE OF APPEAL HEARING: 02/11/2002 DATE DECISION RENDERED: 02/23/2002 EFFECTIVE FOR TAX YEAR: DECISION RENDERED: (] Withdrawn By Applicant [ ] Abandoned For Failure To Appear [X] Denied - No Change [ ] Approved Review Appraiser's Changes [ ] Revised Assessment Based on Hearing [ ] Other: TOTAL VALUE FAIR MARKET CLEAN AND GREEN CLEAN AND GREEN STATUS Old Assessed Value: 514,100 NOT New Assessed Value: 514,100 APPLICABLE Any person aggrieved by the order of the Board of Assessment may appeal to the Court of Common Pleas by filing a petition in the Prothonotary's office on or before March 29, 2002. Exhibit A VERIFICATION I hereby affirm that the following facts are correct: I am an authorized agent of the Shippensburg Area School District in the foregoing action. The Petition of Appeal is based upon information which has been furnished to counsel and information which has been gathered by counsel in the preparation of this document. The language of the Petition of Appeal is that of counsel and not mine. I have read the Petition of Appeal and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Petition of Appeal is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Petition of Appeal are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 3 1 z 67? DR. DAVID R. LANDIS Superintendent Shippensburg Area School District WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 h 1V "? r t SHIPPENSBURG AREA SCHOOL DISTRICT APPELLANT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION - L / CUMBERLAND COUNTY BOARD OF NO. Oa - /S lC. tvcl? ASSESSMENT APPEALS and REAL ESTATE TAX HOOKE AND SUTER PARTNERSHIP, APPELLEES ASSESSMENT APPEAL ORDER OF COURT AND NOW, this Pi/ ??-' day of 200-L-, upon consideration of the within Petition of Appeal from Determination f Real Estate Tax Assessment and on the motion of Jerry A. Weigle, Esquire, Attorney for Appellant, an appeal is allowed and a hearing thereon shall be held on the day of ,? sz1 200 , at Q o'clock, _A-.M., in Courtroom No. Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Certified copies of this Order and the within Petition shall be served forthwith on the Appellees; the County of Cumberland; and Southampton Township-Cumberland County, by personal service or by certified mail, return receipt requested. By the Court, J. 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. Pennsylvania Bar Association Lawyer Referral Service Telephone 1-800-692-7375 (PA ONLY) OR 717-238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office (717-249-3166). All arrangements must be made at least 72 hours prior to any hearing or business before the court. WEIGLE 6 ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 R ? lid nzd?? c? SHIPPENSBURG AREA SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS APPELLANT, OF CUMBERLAND COUNTY PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and HOOKE AND SUTER PARTNERSHIP, APPELLEES AFFID COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1516 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL AVIT OF SERVICE COUNTY OF CUMBERLAND SS Patricia A. Frey, being duly sworn according to law, deposes and says that on April 30, 2002, a true and attested copies of Petition' of Appeal from Determination of Real Estate Tax Assessment with Order of Court were served upon the Appellee, Hooke and Suter Partnership. Manner of service: by mailing the same postage paid, certified mail, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Hooke and Suter Partnership 322 South Hanover Street Carlisle, PA 17013 Sworn to and subscribed before me this 1 st day of May, 2002. Z&4e??-4 PATRICIA A. FREY ." 1 ] F Notarial Sea .. . q'-AV 4 E Patricia L.Tome, Notary Public C berland Count B .: ? ? ` um y oro, 2004 7 J , une MY Commission Expires s? • iss ee t' ?y?lS?bOC1ATE5, P. C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-7397 SHIPPENSBURG AREA SCHOOL DISTRICT APPELLANT, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1516 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and HOOKE AND SUTER PARTNERSHIP, APPELLEES tti ti .n ru O Ln M O O O C3 M Ln a C3 C3 C3 PROOF OF SERVICE CERTIFIED M AIL RECEIPT (Domestic Coverage Provided) CAkistfPA 170° Postage $ $0.57 Certified Fee X0157 `0 1. \ Postmark.. . Return Receipt Fee (Endorsement Required) '. Here \- t $0.00 ?,. .._.. Restricted Delivery Fee (Endorsement Required) $ $4,17 04/49/2002 Total Postage & Fees IM t aig& t for saaeorw aervbea. 1 also wish to receive the i ¦Carplaur narna 3,4a, dand r eb. folowWV esnioee (for an ¦Prbtl your name and address an ft towns of this form so that we can return this 8xtfa fee): and to you. epApe?aratr?rcl?lht? thr inn to ale front of the ndkisce, or an ft beck R space does not 1. ? addreases'a Addrm ¦Wdb'Retum RamW RegweWs on the naiipiecs below ale article mwnbw. 2. ? ROWICted Delivery aTt dadvaired. ta Retum Receipt wa show to whom the arecle was dalkwad and the date ConatJlt poeftwisler for lee. spvsr) -• P 3. "Addressed to: 4a• Ardde Number p W00-1630- 0003 - 10d-(o a7 Hooke a- Suer NA1N9f %Lr 4b. Service Type I 3 .1 at Sr,, A ut u anc v e r' ° Repiatsred c' CAr1l5\e PA Irlw:5 ? Express Mel 15(Retum RwWpt fee is pdd) /E FOM ? [named du ? coo ? 30 ? rfynrequeared WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 c7 co r , K? 'cap ^ f e? SHIPPENSBURG AREA SCHOOL DISTRICT IN THE COURT OF COMMON PLEAS APPELLANT, OF CUMBERLAND COUNTY PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and HOOKE AND SUTER PARTNERSHIP, APPELLEES AFFID COMMONWEALTH OF PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1516 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL AVIT OF SERVICE COUNTY OF CUMBERLAND SS Patricia A. Frey, being duly sworn according to law, deposes and says that on April 30, 2002, a true and attested copies of Petition of Appeal from Determination of Real Estate Tax Assessment with Order of Court were served upon the Appellee, William A. Duncan, Esquire. Manner of service: by mailing the same postage paid, certified mail, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 Sworn to and subscribed before me this 1St day of May, 2002. Av'r?'v l? PATRICIA A. FREY Notary Public Notarial Seal ,, .a??•?uep,?? ' ' ^ Patricia L.Tome, Notary Public Gtr y pFi Sh"ensburgBoro,CumberlandCounty 1 ?,'sr ,. My Commission Expires June 7, 2004 P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 SHIPPENSBURG AREA SCHOOL DISTRICT APPELLANT, VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and HOOKE AND SUTER PARTNERSHIP, APPELLEES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1516 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL PROOF us . F'o>t.u sr,vll;c CERTIFIED MAIL RECEIPT (Oornestic Marl Onlyr No Insurance Coverage Provided) ru (") CA EIS& PA 11706 A . , 1,1 5 r _ ru $ff7o, postage a INN 0 3p A257_:___ t Certified Fee U7 Y' 11,1.31011 r Postmark M Return Receipt Fee d- ; -'Here 0 (Endorsement Required) CM Restricted Delivery Fee C3 (Endorsement Required) @ ?,.. 29/ r3 Total Postage & Fees .p m Ln Sent To A Sy t r e- r 3 Street, Apt. No.; ar PO Box No. T C3 t ---•---.. C3 A I rm ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. r Attach this card to the back of the mailpiece or on the front if space permits. -V9_-5 A59 1. Article Addressed to W1m A-fin CCtnt ?S?utre I Zr V tn'. 'Row C(,k'A15le, PA 1") 013 A Received by (Please Print ClesHy)a"d 1 C. sign ure X Agent . D. Is delivery address d@omft i item 1? ? Yes If YES, enter delivery addresi below: ? No 3. its Type Certified Mall ? Express Mail X Return Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (EVM Fee) ? Yes 2. Article Number (Copy from service label) rlQQn- 1s30- aoQ3- 540'3L- (A s oit#k ?, i 1 b«hjarc Radan R.catpt 102111 rasa WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ca ?? c? ,? ?; ? _, i'T.t ?7' __ -v -il (:'_?? _ __ _?,•, i. s '' ? „? ....J '_ _ ?} -? ?.l `li (Si -L SHIPPENSBURG AREA SCHOOL IN THE COURT OF COMMON PLEAS DISTRICT OF CUMBERLAND COUNTY APPELLANT, PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF CIVIL ACTION - LAW ASSESSMENT APPEALS and NO. 2002-1516 CIVIL TERM HOOKE AND SUTER PARTNERSHIP, : APPELLEES REAL ESTATE TAX ASSESSMENT APPEAL (RE: HOOKE & SUTER PARTNERSHIP) PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of the undersigned in the above captioned matter. Stephen D. Tiley, Esquire Assistant Cumb. Co. Solicitor Cumberland County Board of Assessment Appeals 5 South Hanover Street Carlisle, PA 17013 Tel: (717) 243-5838 I.D. No. 32318 SHIPPENSBURG AREA SCHOOL : IN THE COURT OF COMMON PLEAS DISTRICT : OF CUMBERLAND COUNTY, APPELLANT, : PENNSYLVANIA VS. CUMBERLAND COUNTY BOARD OF ASSESSMENT APPEALS and HOOKE AND SUTER PARTNERSHIP APPELLEES (RE: HOOKE & SUTER PARTNERSHIP) CIVIL ACTION - LAW NO. 2002-1516 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Praecipe by placing a certified true and correct copy of the same in the United States mail, postage pre-paid, addressed to: Jerry A. Weigle, Esquire Attorney for Appellant WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, PA 17257 Hooke and Suter Partnership Appellees Southampton Manor Mobile Home Park 322 South Hanover Street Carlisle, PA 17013 Date: 'Z- '0% L Stephen . Tiley, Esquire Assistant Cumb. Co. Solicitor 5 S. Hanover Street Carlisle, PA 17013 (717) 243-5838 Attorney I.13.02318 ` C rv cn SHIPPENSBURG AREA SCHOOL DISTRICT, Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CUMBERLAND COUNTY BOARD OF ASSESSEMENT APPEALS and : HOOKE AND SUTER PARTNERSHIP, : Appellees CIVIL ACTION - LAW NO. 02-1516 CIVIL TERM REAL ESTATE TAX ASSESSMENT APPEAL JOINT MOTION FOR GENERAL CONTINUANCE AND STIPULATION OF COUNSEL AND NOW, comes the parties by and through their respective attorneys, as follows: 1. By Order of Court dated April 24, 2002, this Honorable Court scheduled a hearing on the above-captioned matter for Monday, September 23, 2002. 2. The parties are in the process of discussions with the desire to resolve this matter in an amicable fashion in order to avoid further litigation or expense. 3. The parties jointly request the Court to continue generally the hearing presently scheduled for Monday, September 23, 2002, to allow the parties to continue their discussions and to seek formal discovery, if necessary. Such hearing could be rescheduled at the request of any party at a future date, if necessary. WEIGLE a ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSSURG, PA 17257-1397 WHEREFORE, the parties jointly request the Court to enter an Order in the form attached. Respectfully submitted, DUNCAN & HARTMAN, P.C. By: !: Willi . uncan, Esquire One Irvine Row Carlisle, PA 17013 (717)249-7780 Attorneys for Hooke & Suter, Partnership & ASSOCIATES, P.C. By.?-_.._- v Jerry A. eigle, squire 126 East ing S eet Shippensburg, PA 17257 (717)532-7388 Attorneys for Shippensburg Area School District. FREY & TILEY By: vt? Stephe . Tiley, Esquire Asst. Cumberland County Solicitor 5 South Hanover Street Carlisle, PA 17013 (717)243-5838 Attorneys for Cumberland County Board of Assessment Appeals : C9 Date: "?-T WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 SHIPPENSBURG AREA SCHOOL DISTRICT, Appellant V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CUMBERLAND COUNTY BOARD NO. 02-1516 CIVIL TERM OF ASSESSEMENT APPEALS and : HOOKE AND SUTER PARTNERSHIP, : REAL ESTATE TAX Appellees ASSESSMENT APPEAL ORDER AND NOW, this 23,1 day of September, 2002, in accordance with the foregoing Joint Motion for General Continuance and Stipulation of Counsel, the hearing scheduled for Monday, September 23, 2002, is hereby continued generally for the reasons set forth in the Joint Motion, subject to being rescheduled on a future date, if necessary, upon the request of any party. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 BY THE COURT, N c INC VNVAIASNN3d Al.t inoo rnNw ?ka Imo 9u .1 wd hZ d35 Zo ::Ai jo ?OWD 31!7 Shippensburg Area School District, Appellant vs Case No. 02-1516 Cumberland County Board of Assessment Appeals and Hooke and Suter Partnershp, ppe ees Statement of Intention to Proceed To the Court: Shippensburg Area School District, Appellant Jerry A. Weigle, Esquire Print Name _ Sign Date: September 27, 2005 Atton Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. r? .v l ? 7J Ci'(TI PI) r C 1. rT) Curtis R. Long Prothonotary effltE of the i9rotbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 6A - /S/4 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 0 Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573