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HomeMy WebLinkAbout06-3384MEMBERS IsT FEDERAL CREDIT UNION PLAINTIFF Vs. CRAIG A. TAYLOR and RUTH E. TAYLOR DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O/o - 320'/ CIVIL ACTION - LAW NOTICE TO DEFEND AND CLAIM RIGHTS THIS LAW OFFICE IS A DEBT COLLECTOR AND WE ARE ATTEMPTHNG TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 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 claims 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 OR (800) 990-9108 MEMBERS I" FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA Vs. : NO.: CRAIG A. TAYLOR and RUTH E. TAYLOR DEFENDANTS CIVIL ACTION -LAW NOTICIA Le han demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo at partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra suya. Se ha avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO O OTROS DERECHOS IMPORTANTES PARA LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. St USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 or 1-800-990-9108 Karl M. Ledebohm, Esq. P.O. Box 173 New Cumberland, PA 17070-0173 (717) 938-6929 MEMBERS 1sT FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF Vs. : NO.: D(r - .3.3®y 2l Ut CRAIG A. TAYLOR and RUTH E. TAYLOR DEFENDANTS : CIVIL ACTION-LAW COMPLAINT AND NOW, comes Members 15` Federal Credit Union, the Plaintiff in the above captioned matter, by and through its attorney Karl M. Ledebohm, Esquire, and makes the following complaint: 1. Plaintiff, Members 151 Federal Credit Union ("Members Pt"), is a National Federal Credit Union having a principal address of 5000 Louise Drive, Mechanicsburg, PA 17055. 1 2. Craig A. Taylor and Ruth E. Taylor (referred to herein collectively as "Defendants"), are adult individuals having a last known address of 6 Fairfield Lane, Mechanicsburg, PA 17050. 3. On or about July 2, 2005, Defendants executed a Pennsylvania Motor Vehicle Installment Sale Contract (the "Note") in the original principal amount of $39,728.97 which was immediately assigned to Members 1 s` as lender. 4. In connection with the Note, Defendants borrowed from and agreed to repay to Members 1s` THIRTY NINE THOUSAND SEVEN HUNDRED TWENTY EIGHT AND 97/100 ($39,728.97) DOLLARS for the purchase of the vehicle set forth in the Note. A copy of the Note is attached hereto as Exhibit "A" and made part hereof. 5. The Note has never been assigned by Members 0 and is still held by it as a valid and subsisting obligation of Defendants. 6. Pursuant to the terms and conditions of the Note, Defendants agreed to pay to Members 0 monthly installments of principal and interest in the amount of at least $672.69 each beginning on August 11, 2005 and continuing on the eleventh day of each month thereafter. Defendants are in default of Defendants' obligations under the Note as a result of Defendants' failure to make the payments due to Plaintiff as set forth in the Note. 8. By letter dated May 4, 2006, addressed to Defendants ("Demand Letter"), Members 1" exercised its rights under the Note and accelerated all amounts due under the Note and demanded the payment of all amounts due under the 2 Note. A copy of Plaintiff s Demand Letter is attached hereto as Exhibit "B" and made part hereof. 9. As of the date hereof, Defendants are indebted to Members 1St in the amount of NINETEEN THOUSAND TWO HUNDRED TWENTY-EIGHT AND 24/100 ($19,228.24) DOLLARS itemized as follows: a. Outstanding principal $17,035.07 b. Interest to June 14, 2006 393.17 c. Attorney's fees * 1.800.00 e. Total due to Members 1 st as of June 14, 2006 $19,228.24 *Attorney's fees are estimated based upon the terms and conditions set forth and agreed to by Defendants under the Note. Defendants will be responsible for the payment of actual reasonable attorney's fees incurred by Members 1St 10. Defendants also agreed under the terms and conditions of the Note that in the event of default there under Defendants would pay, in addition to the amounts set forth in paragraph 9 above, costs incurred by Members 0 as a result of the institution of these legal proceedings. 11. As set forth above, Members 1St has made demand upon Defendants to make payment of all amounts due to Members V t under the Note and, as of the date hereof, Defendants have failed and refused to make payment of all such amounts due to Members 1St WHEREFORE, Plaintiff, Members 1St Federal Credit Union, demands judgment against Craig A. Taylor and Ruth E. Taylor in the amount of NINETEEN THOUSAND TWO HUNDRED TWENTY-EIGHT AND 24/100 ($19,228.24) DOLLARS plus interest at the legal rate, on and after the entry of judgment on this complaint through the date of payment, additional attorney's fees and costs of suit. Respectfully submitted, Karl ICI. Ledebohm, Esq. Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff 4 mlm PAm=Wml SIMPIEINTFREST PENNSYLVANIA' NOTORVEIRCLE INSTRUMENT SALE CONTRACT, a g?-o i ANNUAL FINANCE T MRnN TONISW Pnce PERCENTAGE RATE CKARGE MTm v r WaNMrwrMwmP ibNMwaaaaMw Ylwa la w l +w N7 5.663 66 aPbb nY arMAwA wgTw ? 6 69 % S 6.704 71 13 ml&& 437.66 i 51 036 68 M M1 RMNNY " iwnb Yau m Innl a tRwdY mxM in tla wNU nmNa Miai YM1 AwwMd Mr NW NNaNW 6126 i 9 InNgwatl YYwpYMnih,YwNM WabP1aPRAY t W/A NY CWp IlawPwwxYY. Ro nX W k"W 3NN ba Pdaa N lhPRwdMMw W krYM snM,R PGtlawrM pabrm n 10 MP tlM d...Pd W YbY W aR a6iv Eglbtl Iwilaallb N nY NMaaY aMMRW NM nnPRxM dahdL MI MYMM MpRIN b lutl Nlua R RWdtl drY Mtl wWbnnl MwNwdpwtln awwbNitb In W ORNG I! YRI m IML YFFL lOUR EONIRAtf Ran 6791 CARLISLE PIKE OMIEATNI 1.00YWOR NEWTOR YFNtLE 1ND IWf[AIY Iml You NN Y00 ma t(1339 r g CMTTM f TNPOI N-Ma Qf9 OV MRf N1NtCevnnn_ n IdYlp r 3P6M Maw MOXETMI06YMARDIIXLIO.W+INE' Ymm CRAIG A TAYLOR 6 PAIRPIELD LM IN WEMM 2 PA MawaM Ammo M Mtlnw MRn Wauw Mr NYN pwR4aa0aramY W YpN b pNYYRdwwwtlbanlaR Ma6xmM M W 6dnet 1WE4N TP YrabmMu W"Fb ,695 00 103 00 YnruMMW 6Ya0aaL parlxl NalbbW WNMRI, e3rPw.lw NnebY mM LIW Wr bwva,aMmmi?Y? W/AMA ilYYw4PaaM4Y1aQW NrwnR.MaaYbpbi A ==.r.1 M. P w -IVA PaNN Yb nRN ! ?I! 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EXHIBIT "A" wwwmemberslst.org a S1MwnIWnplp.R Y¢AL A'sOuN ywwun Adarcr Dva B?YER,S .SLWERM0 CO-OWNER AS APPLICABLE, ACXNOAUDGE RECEIPT OF A COMPLETED COPY OF THIS CONTRACT ADDITIONAL TERMS AND CONDITIONS awh'. a M iNE INBIIRRNCE WE YW LESf wama¢ na MMtl M 10MIb. M m NYItl of Y YYn N ereweanP, ai wwne M1la OmbrRby nr gMrnnwm" was raw rMP1Vertical pN br wrynaaW WM mmYMnh Than Nwaa E W n"the hild 0 W W p al l the ON Yen Xm IM aM baeY MpY I MY W m ehMer wmm l W Wla M as NNn an q car WMe Inner me Mlpn am nt a Vehicle II ,i Ie0[Nn M Whasse, was answer as an F Ib YIs oe w Will" by law, is sMn or b IwMwpa pmN4 but eul n al non IW an JIM bwnm 61, Mn at pl w1 mxN el IM wM rww WMewlyw Nl brabIMTan ar s .A II no W1 Museum. we .11 .YI a Me WMN 1M sorry rmMp W a n c sea we, em Mw MY IM emwl was pe w IM a w w/ mb and nplm Yw w fwVM d URPLOONFIMENCY known m enmnleYlrpnlMwkbwYwXp we,BarrWmSpw eambwYnW e awewsrObw [IP[XS[S Yw emebw/IMwwq mawmn[slwvm mnllxm MwaNl[br +ph mr east Moanol an "nee me m or IM Miwin of the carer UNT ewr AN new the nem In ¢I eM/w YeR[le, amr well we b Msyrte, n aM, lw li worn MWCe n IM Central aeM IM and awmer wW n aLerrao W Aw[M in mMd berM. essential nessarrable stainless IM In be Van" "in, notation sw, as e.emn ew uyne, m MM CXaae(MI mnxn aue M W MWne sue Uumnaer, wa ell bs.enee m asar aer wms b Wesuch* er MY, wwn.0 we naM a.. born ww wr IMr FULL RECWRS[" or WITH REPURCHASE,' Sal a earynmeM al tempi 10, Intel 01 M wed `res,raw r, in the wen unions w eunrn the lull Memnl w IM due 0m Iwrwl M enY seal to w MrrowN under roe CMrat at has, We, •M. on MuneM ee AO[me wlMnlh r:. Buyer's Guide WmdoW.Sticker If the Car which is descnhed on the lace of this Contract has a Buyer's Guide Window Sticker repmred by the Federal Trade CoMmhUon Used Car Trade Regulation Rule, the following notice apples The intermittent see on the window form for this Vehicle it hurt of this Contact Information on the wmdow farm orandes any contrary paraims in the contract of safe NOTICE-ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER KARL M. LEDEBOHM ATTORNEY-AT LAW P.O. BOX 173 New Cumberland, PA 17070-0173 Phone: 717-938-6929 Fax: 717-932-0317 May 4, 2006 (Via Certified and regular mail) Craig A. Taylor Ruth E. Taylor 6 Fairfield Lane Mechanicsburg, PA 17050 RE: Members Is` Account No.: 000268295-01 Dear Craig A. Taylor and Ruth E. Taylor: THIS LETTER AND ANY SUBSEQUENT CORRESPONDENCE FROM THIS OFFICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. AN IMPORTANT STATEMENT OF RIGHTS IS INCLUDED ON THE REVERSE OF THE SECOND PAGE OF THIS LETTER. Members I" Federal Credit Union ("Members 1s ") has requested my office to collect the amounts due to Member's 1St under the above account. As you know, you are in default of your obligations under the above account (the "Account") evidenced by a Pennsylvania Motor Vehicle Installment Sale Contract dated July 2, 2005 in the original principal amount of $39,728.97 (the "Note") due to your failure to make the payments required under the Note in a timely manner. As a result of your defaults, Members 1St has repossessed the 2005 Mercury vehicle which was the collateral for the loan (the "Vehicle") and has sold the Vehicle. By letter dated December 14, 2005, Members 1 St provided to you the "Disposition of Proceeds Sale Notice" indicating the balance due to Members 1St after application of the proceeds from the sale of the Vehicle. Members 1St hereby accelerates all remaining amounts due to Members I" under the Account and the Note after application of the amounts received by Members 1 s' from the sale of the Vehicle and hereby demands the payment of all amounts due to Members 1St under the Account and the Note in the amount of $17,553.24 itemized as follows: 1. Principal $17,035.07 2. Interest to 393.17 3. Legal Fees 125.00 4. Total due to Member 1St as of 5/4/06 $17,553.24 EXHIBIT "B" I If you fail to deliver payment of the $17,553.24 to Members 1" within thirty (30) days of the date of this letter, Members I" will have no choice but to file a legal action against you to collect all of the amounts due under the Account and the corresponding Note without further notice. In such event, in addition to the above amounts, you may also be responsible for the payment of additional reasonable legal fees and costs of suit incurred by Members IS`. Nothing herein shall constitute or be construed as an agreement on behalf of Members 1 s` to accept any terms and conditions in exchange for payment of the amounts due under the Account except for the immediate payment of all amounts due to Members 15` . Nothing herein shall constitute a waiver of any rights or remedies which Members 1 s` may have under any written agreement or at law or in equity to collect the balance of the indebtedness due under the Account without further notice, including, without limitation, the right to accept and apply any partial payments made on the Account without waiver of any demand for payment in full of all amounts due under the Account. Nothing herein shall constitute an agreement on behalf of Members 1 s` to postpone or extend the maturity date under the Note. Members 1" looks forward to the payment of the $17,553.24 together with additional interest to the date that payment is delivered to Members 1 s` on or before June 3, 2006. Very t ly yours, Al' Karl M. Ledebohm CC: Stephanie McCreary, Collections Officer NOTICE This letter is an attempt to collect a debt. It you dispute the validity of this debt, or any portion thereof, and you contact the undersigned within thirty (30) days after receipt of this Notice, you will be furnished with written verification of the debt, provided, that if a lawsuit has been filed against you to collect this debt before the expiration of the thirty (30) days, the complaint filed in said lawsuit will constitute written verification of the debt. If you do not dispute the debt or any portion thereof as stated above, the undersigned will assume the debt is valid. If the original creditor of this debt is different from the creditor stated on the front page of this letter, the undersigned will provide you with the name and address of the original creditor upon written request from you within thirty (30) days of receipt of this notice. The undersigned means the name signed at the end of this letter appearing in print at the top of this letter. - U.S. Postal c)cl RECEIPT I CERTIFIED MAIL IDomestic Mail Doty No Insurance Coverage Provtmed) ru AL USE Y j`t`, '(: nth postal Service: N Poems t? L Pj m , CERTIFIED MAIL RECEIPT Cr No insurance Coverage Provided) Mail Only; nl Cettllled Fee N (Domestic 0 Retum Receipt Fee Z U S E (Etuloreamem Requ4ed) ?U?U N A?4A L O ReeitWW DelNetY Fee $I.I,IIII ? ? S tr (Entloteemem Requited) 0 ca 7D@IWBrYIFee age $ Iv $ 44.44 0 Fee ¢! ! yPhi ?R? 'fptet Portage & Fetre ; ere S O nt o O ReFee 41.,gti cLUU +D f C3 _ (Eldorsmd) ?.iL llli .~( - re t o Restwr` GNei ra.. or PO Box No. ' _(}, U ............... C?(;> Q" (Endo 03 CM. siere `y?Civtll..) rotallwetegea Fees O o -4 ??, A Tay- ....................... MEMBERS 137 FEDERAL : IN THE COURT OF COMMON PLEAS CREDIT UNION : CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF Vs. NO.: CRAIG A. TAYLOR and RUTH E. TAYLOR DEFENDANTS : CIVIL ACTION-LAW VERIFICATION 1, Stephanie McCreary, Collections Officer for Members 1% Federal Credit Union, being authorized to do so on behalf of Members 1" Federal Credit Union, hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa. G.S.A. Section 4904, relating to unworn falsification to authorities- Members 1" Federal Credit Union Account 268295-1n01 ,y\ ?cn ?h ? c -r n u SHERIFF'S RETURN - REGULAR ,; NCASE NO: 2006-03384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS TAYLOR CRAIG A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TAYLOR CRAIG A the DEFENDANT , at 1015:00 HOURS, on the 20th day of June , 2006 at 6 FAIRFIELD LANE MECHANICSBURG, PA 17050 by handing to CRAIG TAYLOR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: So Answers: Docketing 18.00 Service 7.04 Postage .39 ? Surcharge 10.00 R. Thomas Kline' .00 35.43,/ 06/21/2006 KARL LEDEBOHM Sworn and Subscibed to By: before me this day ?y 119 of A.D. 41 SHERIFF'S RETURN - REGULAR , CASE NO: 2006-03384 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEMBERS 1ST FEDERAL CREDIT VS TAYLOR CRAIG A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TAYLOR RUTH E the DEFENDANT , at 1015:00 HOURS, on the 20th day of June , 2006 at 6 FAIRFIELD LANE MECHANICSBURG, PA 17050 by handing to CRAIG TAYLOR HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00r Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,1 06/21/2006 n/???d ` KARL LEDEBOHM Sworn and Subscibed to By: before me this day put Sh r'f of A. D. ±r ;.r Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)93&6929 MEMBERS I' ` FEDERAL IN THE COURT OF COMMON PLEAS CREDIT UNION CUMBERLAND COUNTY, PLAINTIFF PENNSYLVANIA Vs. NO.: 06-3384 Civil Term CRAIG A. TAYLOR and RUTH E. TAYLOR DEFENDANTS CIVIL ACTION-LAW STATEMENT OF INTENTION TO PROCEED To the Court: The defendants, Craig A. Taylor and Ruth E. Taylor, filed for relief under the United State Bankruptcy Code before the United States Bankruptcy Court for the Middle District of Pennsylvania to docket number 1-06-01394, which bankruptcy matter remains open as of the date hereof. Plaintiff, Members 1" Federal Credit Union, intends to proceed with the above captioned matter only to the extent Plaintiff is not barred by applicable Bankruptcy Law. Date: September 28, 2009 Karl M.`Ledebohm, Esquire /Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 Attorney for Plaintiff r Karl M. Ledebohm, Esquire P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 MEMBERS 1 " FEDERAL CREDIT UNION Plaintiff VS. CRAIG A. TAYLOR and RUTH E. TAYLOR Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 06-3384 Civil Term CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Karl M. Ledebohm, Esquire, hereby certify that on the 30'b day of September, 2009, I served a true and correct copy of the foregoing Statement of Intention to Proceed upon the following individuals by first class mail, postage prepaid, addressed as follows: Craig A. Taylor 6 Fairfield Lane Mechanicsburg, PA 17050 James M. Bach, Esquire 352 South Sporting Hill Road Mechanicsburg, PA 17050 Date: September 30, 2009 Ruth E. Taylor 6 Fairfield Lane Mechanicsburg, PA 17050 J%'iui ivi. Lcuovuiuii, L3q. ('Attorney for Plaintiff Supreme Court ID #: 59012 P.O. Box 173 New Cumberland, PA 17070-0173 (717)938-6929 RLED-OfFa OF THE PROTF MTAFrf 2009 OCT -I PM 2? O9 PENNSYLVANIA David D. Buell Prothonotary Y,irkS. Sohonage, ESQ, SoCicitor r C i, Renee X. Simpson v Deputy Prothonotary Irene E. Morrow 2"d cDeputy Prothonotary Office of the Prothonotary Cumberland County, Tennsykania Ole-33 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, 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 9 Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fax (717 240-6573