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HomeMy WebLinkAbout06-5177COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMONPLEASNo. 06-5177 CIVIL TERM 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. 8/11/06 CV-0000256-06 Susan M. Zerbe Mark Martin This block 'Anil be signed ONLY when this notation is required under PaT If appellant was Claimant (see Pa. R.C.P.D.J. NO. 1001(6) In 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 COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE ofAPPEAL. SVw1m al PYdnmml"wDe" 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 Susan M. Zerbe to file a complaint in this appeal Name of appesee(s) (Common Pleas No. 06-5177 CIVIL ) within twenty (20) days after RULE: To Susan M. ._ Zerbe , appellee(s) Name of appelf"(s) of judgment of non pros. (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing Date: SEPT. 6, , 20 06 JA Al 14 u,eof nolary w De YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW-APPELLANTS COPY PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE ti PROOF OF SER10 (This proof of service MUST BE FILED COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT., I hereby (swear) (affirm) that I served OF APPEAL AND RULE TO FILE COMPLAINT DAYS AFTER filing of the notice of appeal. Check applicable boxes.) ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 Signature of oPoclal before whom affidavit was made Title of official My commission expires on 20 Signature of affiant C 6 T rr- ;?% - O Lp .. C ?= Z N o rn C..) SOM MON W EALTH OF PENN S . _ JAN IA rnl iNTY nF• COIBEELAW 09-3-05 MDJ Name'. Hon. XARX MARTIN Address'. 507 E YORK ST , PA Telephone: (717 ) 766-4575 17055 GEORGE N. MILLER 210 SAM SNEAD CIRCLE ETTERS, PA 17319 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JDDDIEEIT PLT! NOTICE C JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS SUSAN M rZEREE , 995 SOILING SPRINGS ROAD MECHANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS rMILLER, GEORGE N 210 SAN SNZAD CIRCLE EWERS, PA 17319 L J Docket No.: CV-0000256-06 Date Filed: 7/17/06 (Date of Judgment) 8111106 © Judgment was entered for: (Name) ZERBE, SUSAN M Judgment was entered against: (Name) SIT-T-l""• GEORGE N in the amount of $ 956.8 ? Defendants are jointly and severally liable. El Damages will be assessed on Date & Time El This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 El Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 884.88 $72.0? Judgment Costs Interest on Judgment $?? Attorney Fees 0 $ .0 Total $ 956.88 Post Judgment Credits $ Post Judgment Costs $ Cerilf led Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY 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 OF CIVIL PROCEDURE FOR MAGISCERIXIL DISTRICTJUDGES, IF THE -.JUDGEMENT.HOLDER. ELECTS TO ENTER THE JUDGMENT-IN THE COURLOF.COMMON PLEAS,ALL.FURTHER PROCESS MUST _.. COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE. MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE. JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. r , u a. 1? 6? ho4n _-IA: R'.Y'1/ NA?n,eTnrinl flieTrint 1.u Date My commission expires first Monday of January, 2012 AOPC 315-06 DATE PRINTED: 8/11/06 2:13:00 PM Magisterial District Judge SEAL V c w j K ? 11 5 r 1 ., ran, ! 3 . V ? ??QlinJ f S1ASA.J M• ZC-C b-c '? e-1'end?• Cjeor? W . + ^ Thomas E. & Susan M. Zerbe M.? O 6 - S 17 7 \?e.l & Lehrman Farms 995 Hefting Springs Road G' v ; ! TUZ/-V\ Co "\ ) A " Mechanicsburg, PA 17055 717.790-0362 ? George Miller agreed to pay Susan Zerbe for the following - These items are not in dispute: $150.00 September 2005 April & Holly's York College SAT Course ($300) $18.50 October 2005 April's Medicine ($18.50) $145.51 October 2005 April's Homecoming Dress, Hair, E . $150.00 October 2005 Holly's Homecoming Dress, Hair, E . $17.50 November 2005 April's Kutztown University Appli lion Fee ($35) $31.25 November 2005 April's SAT Registration Fee ($41.5 + $21= $62.50) $17.50 December 2005 April's ]UP Application Fee ($35) $15.00 January 2006 April's Clarion University Applicati n Fee ($30) $5.00 February 2006 Holly's Lunch Money for School (2/ 3 & 2/24) $100.00 March 2006 April's Senior Prom Dress ($233.46), 37.50 June 2006 April's Eagle Account at Clarion ($7?) $687.76 This is the total George agreed to pay Susan. Both parties agreed to the terms of repayment at $100 per month beginning in October 2005. At this time - only $400 has been paid to Susan. The following are a list of payments made: 10/12/05 $100 1/20/06 $50 2/3/06 $50 3/9/06 $50 4/23/06 $50 5/21/06 $50 7/10/06 50 Total $400 Also, Susan Zerbe is requesting the court to order George Miller to repay her immediately for the full amount that she overpaid him for child support: $216.12 April 2006 The York County Domestic Relations Office set this amount as how much Susan overpaid George for child support. This amount is not in dispute; George has not repaid any of this money. In addition, Susan is requesting the court order George to reimburse her immediately for the following two items: #1 - $131.00 December 2005 George forced daughter Holly MEler to write a check made out to him for $100 out ofa joint checking account in Holly's and S 's names ONLY. Holly was 15 years old at the time and did not have authorization to write -s check, but was told to do so by her father. Holly had never written a check before and only had $1 in the account, so the bank made an automatic draft from Susan's savings account and charged an overdraft fee of $31. Susan has requested numerous tans for George to repay this money, but he has refused. He received these funds by deception. #2 - $250.00 March 2006 April was 17 years old when had an accident in the car she uses for transportation to work and school. The car needed repaired order to drive. The cost for the repair was estimated at $1,780. April's insurance deductible is 500. Tom Zerbe, Thomas E. & Susan M. Zerbe Lehrman Farms 995 Boiling Springs Road Mechanicsburg, PA 17055 717.790-0362 Susan's husband spoke to George about the cost of the repair and on N to pay for half of the deductible. After the car was repaired and Susan Susan contacted George to pay for his half ($250). He then told Susan and that he wasn't paying for anything towards April's vehicle repair. car payments, insurance, gas or anything related to transportation for ei on his promise to pay this debt. Since George has not abided by the terms of the repayment agreement Sus order George to repay her immediately for the full amount due ($287.76), dispute ($381), plus the child sripport overpayment ($216.12) which totals costs. Susan M. Zerbe q ^ Q- o? 9, 2006 George agreed the $500 deductible, he changed his mind age does not pay towards child. George reneged 1 is requesting the court !us the two items in 884 88 -plus court 2 ?r ? ? n ?- _ -., ., f, - ? ` ?? s ?{ --?, n? -?-,,_, , t ? ? '.c=? ?° ?_ - ? _? fp N i ? ?, 1 'S n t= PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA H OF PENNSYLVANIA COUNTY OF L.LYnkMt -[GnC^ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas -51'7'1, upon the District Justice designated therein on !1 1 ",Pr-yD( , 20 ? by personal service 0 by certified (registered) mail, (date of service) sender's receipt attached hereto, and upon the appellee, (name) on G -? 1Q 20 ? by personal service by certifi (registered) mail, sender's receipt attached hereto.. (SWORN ° FIR AN2. SUB CRIB D BEFORE ME THIS AY Fr ' ?2+ 0-. ign ure o official before whom affidavit was made IQ M? ?? C/ Q Signature of affiartf Title of official My commission expires on S 20 a? NO?ARYII WAWA VjKVLE4UU?" NOOorY MM NEWCMRLAND ROROUrM CULIENLAND COUNIV CONMIIM M ftok" Nov is. 2007 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 t) u 7 7 v ,:.i.:. i F: F ,w, 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. 1 vwnc yr u ?. n Y• iN i nt GAJt up- (matntar) (Defendant) DOCKET No. SIGNATU OF T TTORNEY OR AGENT 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) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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 appelle(s), to file a complaint in this appeal Name of appellee(s) f' 06-5377 C:IV1L (Common Pleas No. within twenty (20) days after serve f rule o uffer-entry of judgment of non pros. RULE: To ??aca 1° ,`rbe appellee(s) Name of appellee(s) Signature of appellant or attorney or agent (1) You are notified )hat a rule is hereby entered upon you to file a complaint it a al twenty (20) days after the date of service of this rule upon yoWby pgrsbnal 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. I' t Date: -SEPT. :6, 20 06 "_. ' Signature of P notary or Deputy Y YO6'M[t#8T INCLUDE A,COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE I --i ¦ 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. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Art icle Addressed to: Ile ?- 56 7 4 rn-QelI V'nCsb&r'1,PA / U S A. 13 Address B Ffecelved by (Pdnted Name) C. D e Iva rn ' t 00 D. Is delivery address dHferent from Rem Ll,13 Yes If YES, enter delivery address ip 3. Service Type INN: i ¦ Certified Mail ? F ? Registered ? RRet t 4 ipt fbr Merchandise ? Insured Mail ? C.O. 14. Restricted Delivery? (Exha veep ? Yes 2. Article Number 7003 0500 0001 6561 3009 AjW (Tianster from aervloe PS Form 3811, February 2004 Domestic Return Receipt +02595-024n-1540 .o Postal CERTIFIED MAILTm RECEIPT o- CERTIFIED MAILT. RECEIPT Q- o Er (Domestic Mail Only; No Insurance Coverage Provided) o (Domestic Mail Only; No insurance Coverage provided) ru m . . ? M ?NICSBURG FA 17055 MEO NICSBURG PA 17055 in Ln Postage $ $0.39 0070 -0 Postage $ W.39 0070 Certified Fee lad. ¢I] C C Certified Fee, {I] 1]4/,(.! L U O Postmark G C3 '?stmark e< 9 Return Reciept Fee t„ Return Reciept Fee E:3 $ E3 (Endorsement Required) 1. 85 G jHere 00 co (Endorsement Required) ?1. E5 Q , Her O Restricted Delivery Fee ,y p C=a ~ -0 i O Restricted Deli ve ryFee C3 (Endorsement Required) SO.0 O (Endorsement Required) 0.?1] ? r ) ?j Ln in N C3 Total Postage & Fees $ s?. b? O?Za Total Postage & Fees $ $4.64 M m o' 0.. O ?Sent To ry C3 ent To m 1 p ' (( ?( ?` I/ J 1 O ` `---1T y (?C I `t-- ----- - ---- - ----------- ----------------------- Iti Street, ,opt ivo.; _ / - ? Iti Street Apt. No.; ? or PO Box No. ! G n h r City. State. 21-0 +-,4 M t I?I ¦ Complete hems ,2, and 3. Also ca tiplds item 41f Restricted Delivery is desired. ¦ Print your name and address on the rwaree so that we can return the card to you. ¦ Attach this card to the back of the mafllplece, or on the front If space permits. 1. Article Addressed to: ,qq _ 6u5cin M. Z?rb? / 70 ? I )wF f")r?- or PC Box No. cgr-r )C5 ?)SS A. B. Received by (Fd Name) C. D. Is delivery address cI ferent 7408 If YES, enter del ivery add hkVw_ 3. Service IWO 1?Certifled Mall ? Express Malt"""? ? Registered ? Return Recelpt for Merchardw ? Insured mail ? C.o.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7003 0500 0001 6561 2996 (rFarrafer from m servloe Isbell i PS Form 3811, February 2004 Domestic Ream Receipt +02-M-+540 . EXHIBIT "A" Praecipe to Reinstate Complaint Plaintiff: Susan M. Zerbe Defendant: George W. Miller Complaint Case # 06-5177 Please reinstate the complaint in the above matter. Susan M. a be 995 Boili prings Road Mechanics urg, PA 17055 (717) 795-8567 0LT f ? F aOC; C, G ? rF-, ? ft7 -d C C.J co Thomas E. & Susan M. Zerbe ?e1 Lehrman Farms G?,?--11-?' r -- 995 Boiling Springs Road Mechanicsburg, PA 17055 l•? 717.790-0362 George Miller agreed to pay Susan Zerbe for the following - These items are: not in dispute: $150.00 September 2005 April & Holly's York College SAT Prep Course ($300) $18.50 October 2005 April's Medicine ($18.50) $145.51 October 2005 April's Homecoming Dress, Hair, Etc. $150.00 October 2005 Holly's Homecoming Dress, Hair, Etc. $17.50 November 2005 April's Kutztown University Application Fee ($35) $31.25 November 2005 April's SAT Registration Fee ($41.50 -+- $21 = $62.50) $17.50 December 2005 April's IUP Application Fee ($35) $15.00 January 2006 April's Clarion University Application Fee ($30) $5.00 February 2006 Holly's Lunch Money for School (2/23 & 2/24) $100.00 March 2006 April's Senior Prom Dress ($233.46) 37.50 June 2006 April's Eagle Account at Clarion ($75) $687.76 This is the total George agreed to pay Susan. Both parties agreed to the terms of repayment at $100 per month beginning in October 2005. At this time - only $400 has been paid to Susan. 10/12/05 $100 1/20/06 $50 2/3/06 $50 3/9/06 $50 4/23/06 $50 5/21/06 $50 7/10/06 50 Total $400 The following are a list of payments made: r? CD cti.> Also, Susan Zerbe is requesting the court to order George Miller to repay her immediately for the full amount that she overpaid him for child support: $216.12 April 2006 The York County Domestic Relations Office set this amount as how much Susan overpaid George for child support. This amount is not in dispute; George has not repaid any of this money. In addition, Susan is requesting the court order George to reimburse her immediately for the following two items: #1 - $131.00 December 2005 George forced daughter Holly Miller to write a check made out to him for $100 out ofa joint checking account in Holly's and Susan's names ONLY. Holly was 15 years old at the time and did not have authorization to write this check, but was told to do so by her father. Holly had never written a check before and only had $13 in the account, so the bank made an automatic draft from Susan's savings account and charged an overdraft fee of $31. Susan has requested numerous tines for George to repay this money, but he has refused. He received these funds by deception. #2 - $250.00 March 2006 April was 17 years old when she had an accident in the car she uses for transportation to work and school. The car needed repaired hi order to drive. The cost for the repair was estimated at $1,780. April's insurance deductible is $500. Tom Zerbe, Thomas E. & Susan M. Zerbe Lehrman Farms 995 Boiling Springs Road Mechanicsburg, PA 17055 717.790-0362 Susan's husband spoke to George about the cost of the repair and on March 9, 2006 George agreed to pay for half of the deductible. After the car was repaired and Susan paid the $500 deductible, Susan contacted George to pay for his half ($250). He then told Susan that he changed his mind and that he wasn't paying for anything towards April's vehicle repair. George does not pay towards car payments, insurance, gas or anything related to transportation for either child. George reneged on his promise to pay this debt. Since George has not abided by the terms of the repayment agreement Susan is requesting the court order George to repay her immediately for the full amount due ($287.76), plus the two items in dispute ($381), plus the child support overpayment ($216.12) which totals: -plus court costs. 7M. Zerbe 2 Affidavit of Service Plaintiff: Susan M. Zerbe Defendant: George W. Miller Complaint Case # 06-5177 Complaint was served to defendant via United States Postal Service certified mail on October 24, 2006 in Etters, PA (see attached PS Form 3811 Return Receipt). Susan e e p i i ¦ 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. ¦ Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: ) e'Or, k 0 fi ?k?(L5? ? x'131 q x s ?? 1 ? [] gent ? Addressee B. Delved b Prtgted _ _ C, AS AV Delivery D. Is deltvWaddress d 1? If YES, enter delivery fA 3. Service Type s?s,Certifled Mall 13 Express Mail ? Registered 13 Return Receipt for Merchandise 0 Insured Mail 13 C.O.D. 4. RmMkDed DaNYwy? " yes 2. rArticle mns Iv (Transfer from service boo 7005 3110 0003 7867 3104 ( from Ps Form 3811, February 2w4 Domestic Return Receipt 102595-02-M-1540 n C? ? -7z Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN M. ZERBE IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06-5177 GEORGE W. MILLER Defendant CIVIL ACTION PRELIMINARY OBJECTIONS AND NOW COMES the Defendant, George W. Miller, through his counsel, Barbara Sumple-Sullivan, Esquire, and files the following Preliminary Objections to the Complaint of the Plaintiff. MOTION TO STRIKE 1. FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 1. Plaintiff filed a Complaint with the Prothonotary on September 8, 2006. However, the Complaint did not include a Notice to Defend in accordance with the requirements of Pa. R.C.P. 1018.1. 2. Additionally, Plaintiff s Complaint does not include consecutively numbered paragraphs as required by Pa. R.C.P. 1022. WHEREFORE, Defendant requests that this Honorable Court strike Plaintiff's c? Complaint. II. INSUFFICIENT SPECIFICITY IN A PLEADING 3. Plaintiff alleges that the parties were in agreement on the payment of certain monies. However, Plaintiff does not state specifically in her Complaint if the agreement was oral or in writing in accordance with the requirements of Pa.R.C.P 1019(h). 4. Plaintiff s Complaint does not state the material facts on which the cause of action is based in a concise and summary form in accordance with the requirements of Pa.R.C.P. 1019(a). 5. Plaintiff's Complaint is not specific in regard to date and time of Agreement. 6. Plaintiffs Complaint consists of evidentiary and impertinent matters. WHEREFORE, Defendant requests that this Honorable Court strike Plaintiff's Complaint. Dated: November 9, 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Defendant 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN M. ZERBE IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 06-5177 GEORGE W. MILLER Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PRELIMINARY OBJECTIONS, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Susan M. Zerbe 995 Boiling Springs Roa Mechanicsburg, PA 17 55 DATED: November 9, 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Defendant 3 ` - c a -TI c i Curtis R. Long Prothonotary V'ffiLC of the protbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 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