Loading...
HomeMy WebLinkAbout07-3733F. \FILFS\Genera1\Current\ 12489\ 12489. 1. com I Created: 9/20/04 0:06PM Revised. 6/21/07 9.15AM 11093 13 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE CO. OF EAST PENNSBORO, Plaintiff, v. KNOCHE MECHANICAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 3 7 3 3 CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F. \FILES\General\Current\ 12489\ 12489.1. com 1 Created: 9/20/04 0.06PM Revised. 6/21/07 9. 15AM 11093 13 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE : IN THE COURT OF COMMON PLEAS OF CO. OF EAST PENNSBORO, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : V. : NO. 2007- 3733 CIVIL ACTION - LAW KNOCHE MECHANICAL, : Defendant : JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Creekside Volunteer Fire Co. of East Pennsboro, is a Pennsylvania non- profit corporation with a principal place of business at 13 East Dulles Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Knoche Mechanical, is a heating and air conditioning business with a principal place of business at 218 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 3. On or about May 4, 2004, Plaintiff entered into an Agreement with Defendant to have a 10-ton Gibson rooftop air conditioning unit installed on the roof of its social hall. A true and correct copy of the Agreement is attached hereto and incorporated as Exhibit "A." 4. As required by the Agreement, Plaintiff made a down payment of $5,000.00 for the installation of the air conditioning unit. A true and correct copy of Plaintiff's down payment check, deposited to Defendant's account, is attached hereto and incorporated as Exhibit "B." 5. Upon completion of the installation of the air conditioning unit, Plaintiff made a final payment of $5,906.27. A true and correct copy of Plaintiff's final payment check, deposited to Defendant's account, is attached hereto and incorporated as Exhibit "C." 6. Shortly after the air conditioning unit was installed, Plaintiff began to experience problems with the unit. Specifically, the unit was not adequately cooling the social hall. 7. Plaintiff made multiple service calls to Defendant; however, most of the service calls were not returned. Thereafter, another company was retained to service the unit. 8. In August 2006 while the air conditioning unit was being serviced, Plaintiff learned for the first time that the unit Defendant installed was a 7.5-ton Mammoth unit. 9. In August 2006 when the air conditioning unit was being serviced, Plaintiff was also advised for the first time that identification plates on the units were removed and/or rearranged, making identification of the units difficult. 10. Plaintiff has subsequently learned that Mammoth units are considered "down market" units and are not considered equal substitutes for Gibson units. 11. Neither the installation of a smaller unit nor the installation of an inferior brand of air conditioning unit was approved by Plaintiff. 12. After Defendant installed the air conditioning unit, the performance of the heating system for the social hall deteriorated. 13. The deterioration of the heating system was caused by Defendant's removal and utilization of duct work from the heating unit in the installation of the air conditioning unit. 14. Plaintiff has been forced to hire engineers and a new contractor to assess and replace the air conditioning unit and to address the problems with the heating system in the social hall. COUNT I - BREACH OF CONTRACT 15. The averments of Paragraphs 1 through 14 are hereby incorporated by reference as though fully set forth. 16. Plaintiff and Defendant entered into an Agreement whereby Defendant was required to install a 10-ton Gibson air conditioning unit for Plaintiff s social hall. 17. Contrary to the terms of the Agreement, Defendant installed a 7.5-ton Mammoth air conditioning unit which did not adequately cool the social hall. 18. In addition to installing an inferior and inadequate air conditioning unit, Defendant also cannibalized existing heating duct in the installation of the air conditioning unit. 19. Defendant never informed Plaintiff that it installed a smaller and inferior air conditioning unit. Instead, Plaintiff first learned of these facts in August 2006 when the unit was serviced by another company. 20. Despite installing a 7.5-ton Mammoth unit, Defendant charged Plaintiff for the full cost of a 10-ton Gibson unit, and Plaintiff paid the full amount. 21. As a result of Defendant's installation of a smaller and inferior unit, Plaintiff has been forced to hire engineers and a new contractor to completely replace the inadequate air conditioning unit and to address the cannibalization of the duct work in the social hall. WHEREFORE, Plaintiff demands judgment against Defendant for $10,906.27 and damages within the arbitration limits for consequential and incidental losses, plus interest, costs and attorney's fees. COUNT II - MISREPRESENTATION AND FRAUD 22. The averments of Paragraphs 1 through 21 are hereby incorporated by reference as though fully set forth. 23. Under the terms of the Agreement, Defendant represented to Plaintiff that it was installing a 10-ton Gibson air conditioning unit. The Agreement was made with the intent to induce Plaintiff to enter into a contract for Defendant's services. 24. The size and quality of the air conditioning unit is material to the ability of the unit to adequately cool Plaintiff's social hall. 25. Instead of installing the unit that was agreed upon by the parties, Defendant instead installed a smaller and inferior unit which was unable to adequately cool Plaintiff's social hall. 26. Upon information and belief, Defendant removed heating duct work and used it in the installation of the air conditioning unit. This, in turn, caused the deterioration of the heating system. 27. Upon information and belief, Defendant also removed and/or rearranged identification plates on the air conditioning units, making identification of the units difficult. 28. Defendant improperly, knowingly and with reckless disregard for the truth of its representations installed an inappropriate air conditioning unit, cannibalized existing heating duct in the installation of the air conditioning unit and removed and/or switched identification plates on the air conditioning units to make them more difficult to identify. 29. Defendant took these actions knowing and intending to cause harm to Plaintiff. 30. As evidenced by Plaintiff's payment in full for the 10-ton Gibson unit, Plaintiff justifiably relied on Defendant's representation that it would install a 10-ton Gibson unit. 31. As a result of Defendant's misrepresentations and fraud, Plaintiff has been forced to hire engineers and a new contractor to completely replace the inadequate air conditioning unit and to address the cannibalization of the duct work in the social hall. WHEREFORE, Plaintiff demands judgment against Defendant for $10,906.27 and damages within the arbitration limits for consequential and incidental losses, plus interest, costs, punitive damages and attorney's fees. MARTSON LAW OFFICES Date: 6 /Z)107 By: J Seth T. Mosebey, Esq ire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXHIBIT A Knoche Mechanical 218 Birch Lane invoice Carlisle Pa. 17013 DATE --- INVOICE S ? 697-0326 5111104 132 _ BILL TO - - -- Fire House - - - - - --- - DUE DATE ITEM DESCRIPTION 8/10104 Roof Unit Inalm Gibson 10 Ton Roof T Unit with 10 QTY RATE AMOUNT Farb and labor irxded Year warranty al ._-- 1 8,894.74 Parb Al k"*alabon of roof unit and duct work .88 Labor AN instal of Farb electrical wt 1 21,, 574 74.85 Depose 1 -5,000.00 I i I I i I I i I I I st - 5.908.27 6% Tax Total EXHIBIT B 08/24/2006 12:44 RUG-24-2006(THU) 10:25 7177836139 SSE COMMERCE BANK LEMOHE PAGE 02/05 N, 002/URS Pag+c 1 of 4 9"t 3190 W16{AI III =LC YA '1^'. V 1I (FRX)717 972 29TS Cf1Smim vowNTffm RR9 COMPANY 13 EAST DULLIM ORNIS 717.7.0121 CAMP HILL PA IM I pat ?M+Yw rimer e y IQNA'f MIM R EQ area,* "'.900?RSpAwnhie?weR` 1:0 3 i 30 i3 1?rms: 91 0(3221(3 ;;No 3140 ,110000 500000e GPI s g?$._ ??? 014 3 4 30450 >COUHERCE< BANK !OR fil HIM v A t J? ?i.,. -3 ,.. ? .s .rte ^ s wr •? +'i a e ? ? ? ? l•??' 'fy? f i V ? j w.. 21 ?y - j - - r 4 = w L ;a -C?i "mom Accwnt:910022106 Check#".3190 Amamt:S5,OQp,OQ 04tc Prexcated:05-07-2004 http:/lmtlOl afscvvip.yesbank.comiscnpWafslafsweblACsWeb.dll?Process? application.=eV:... 8/24/2006 EXHIBIT C 08{24/2006 12:44 7177836139 BSE AUG-24-2006(THU) 10:25 COMMERCE HHNK LENOW PAGE 03/05 (FnK)717 972 2876 P.003/005 Pasa 2 of 4 CRWJMIoR VOLUNTEER F[RIN CQMPANY 3204 13 EJWr DDLLW DMIK ?I7-7320721 CAMP HILL, P/l 17011 Rate W' 1? 4raer a ?1 - 31- 1%b - 7 Dollars ® two SO1NAt1Jt1p$RMM Fox=?:_,?i• 1:03 130 W, rill: 51 00 e 2 40 ra¦ 3 2016 ?''0I?a0 5 90 G 2 ??+' ._.1. _ O J ! 394110 1 > cowx2RCE R044"BZ7 P4- - C12 . V'r•'?1C,G1 s 1 Ila BOOL1e`40*MR_F ? ` ±g9b 47JRCP36a6 Pro 13 i .. ?? r ?. cr. Y?r ?.: ?,,, _': -: 3 • - `, •s •ss,?"•?.•J:?"? x?..:.w .i X1.1.. 1:' - s3• ? . C= Aeeemnt•4 1MN"lAt &+L__t_t-%^... -- _•._??•*??•••. r%.lwwjl6aJv7u0.ir uate J'Mented:o5"23.2804 I'ttP'//mtlOlafscwip.yesbank-com/scripts/afs/afmcb/AfsWeb.d1]?Proccss? application--W,.. 8/24/2006 VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, I may be subject to criminal penalties. CREEKSIDE VOLUNTEER FIRE COMPANY gy; l? Ge ld K. Bush, Pres' nt G P 1 a 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-03733 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREEKSIDE VOLUNTEER FIRE CO VS KNOCHE MECHANICAL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KNOCHE MECHANICAL DEFENDANT , at 1035:00 HOURS, on the 28th day of June at 218 BIRCH LANE CARLISLE, PA 17013 DEB KNOCHE, ADULT IN CHARGE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.72 Postage .41 Surcharge 10.00 .00 fi'?b4?o 7 _ 35.13 Sworn and Subscibed to before me this day of , the , 2007 So Answers: R. Thomas Kline 06/28/2007 MARTSON LAW OFFIC By: eputy Sheriff A.D. P PILLS' 12489, 12489 1 moil Orated 9120/04 0.06PM Revised. 8/14/07 4-08PM 11093 13 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE CO. OF EAST PENNSBORO, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KNOCHE MECHANICAL, Defendant NO. 2007-3733 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION TO AMEND COMPLAINT On June 22, 2007, Plaintiff filed a Complaint against Knoche Mechanical. 2. Thereafter, Plaintiff discovered that Knoche Mechanical was not a registered business with the Pennsylvania Department of State. 3. Plaintiff now believes that William Knoche is the owner of the business individually and does business as Knoche Mechanical. 4. Pursuant to Pa. R.C.P. 1033, Plaintiff now moves for leave of court to amend the caption of the Complaint to correct the name of Defendant to "William Knoche, individually, and William Knoche d/b/a Knoche Mechanical," and the allegations pertinent to the amendment as indicated on the attached Exhibit "A." 5. "The policy of Pennsylvania courts is that amendments to pleadings should be liberally allowed in order to secure a determination of cases on their merits, except in those instances where surprise or prejudice to the other party would result, or where the proposed amendment is against a positive rule of law." Tanner v. Allstate Ins. Co., 467 A.2d 1164, 1167 (Pa. Super. 1983). 6. In this case, amendment of the caption as described in Paragraph 2 will not result in prejudice or surprise to Defendant. Additionally, such amendment is not against a positive rule of law. 7. At present, Defendant has not responded to either the Complaint or to the 10-Day Notice in this case. 8. Additionally, Defendant is not represented by counsel. 9. Consequently, neither concurrence of opposing counsel nor concurrence of Defendant could be obtained. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant the relief requested and permit Plaintiff to amend the caption of the Complaint to name William Knoche, individually, and William Knoche d/b/a Knoche Mechanical as Defendants. MARTQQSON LAW OFFICES By: D„ (,i x ??? Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 f (717) 243-3341 Date: &I ?/? 7 Attorneys for Plaintiff mw,,,ry F: \FILE M l 2489\1 2489. lxm2 Created: 9/20/04 0:06PM Revised: 8/17/07 3:09PM 11093.13 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE CO. OF EAST PENNSBORO, Plaintiff, V. WILLIAM KNOCHE, individually, and WILLIAM KNOCHE d/b/a KNOCHE MECHANICAL, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3733 CIVIL ACTION - LAW : JURY TRIAL DEMANDED 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F'.FILESV12489A12489 I c=2 Creased. 9/20/04 0 06PM Revised. 8/14/07 4.07PM 11093 13 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE CO. OF EAST PENNSBORO, Plaintiff, V. WILLIAM KNOCHE, individually, and WILLIAM KNOCHE d/b/a KNOCHE MECHANICAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3733 CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDED COMPLAINT Plaintiff, Creekside Volunteer Fire Co. of East Pennsboro, is a Pennsylvania non- protit corporation with a principal place of business at 13 East Dulles Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant William Knoche is an individual residing at 218 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 3. Defendant William Knoche does business as Knoche Mechanical, an unregistered heating and air conditioning business with a principal place of business at 218 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 4. On or about May 4, 2004, Plaintiff entered into an Agreement with Defendants to have a 10-ton Gibson rooftop air conditioning unit installed on the roof of its social hall. A true and correct copy of the Agreement is attached hereto and incorporated as Exhibit "A." 5. As required by the Agreement, Plaintiff made a down payment of $5,000.00 for the installation of the air conditioning unit. A true and correct copy of Plaintiff's down payment check is attached hereto and incorporated as Exhibit "B." 6. Upon completion of the installation of the air conditioning unit, Plaintiff made a final payment of $5,906.27. A true and correct copy of Plaintiff's final payment check is attached hereto and incorporated as Exhibit "C." 7. Shortly after the air conditioning unit was installed, Plaintiff began to experience problems with the unit. Specifically, the unit was not adequately cooling the social hall. 8. Plaintiff made multiple service calls to Defendants; however, most of the service calls were not returned. Thereafter, another company was retained to service the unit. 9. In August 2006 while the air conditioning unit was being serviced, Plaintiff learned for the first time that the unit Defendants installed was a 7.5-ton Mammoth unit. 10. In August 2006 when the air conditioning unit was being serviced, Plaintiff was also advised for the first time that identification plates on the units were removed and/or rearranged, making identification of the units difficult. 11. Plaintiff has subsequently learned that Mammoth units are considered "down market" units and are not considered equal substitutes for Gibson units. 12. Neither the installation of a smaller unit nor the installation of an inferior brand of air conditioning unit was approved by Plaintiff. 13. After Defendants installed the air conditioning unit, the performance of the heating system for the social hall deteriorated. 14. The deterioration of the heating system was caused by Defendants' removal and utilization of duct work from the heating unit in the installation of the air conditioning unit. 15. Plaintiff has been forced to hire engineers and a new contractor to assess and replace the air conditioning unit and to address the problems with the heating system in the social hall. COUNT I - BREACH OF CONTRACT 16. The averments of Paragraphs 1 through 15 are hereby incorporated by reference as though fully set forth. 17. Plaintiff and Defendants entered into an Agreement whereby Defendants were required to install a 10-ton Gibson air conditioning unit for Plaintiff s social hall. 18. Contrary to the terms of the Agreement, Defendants installed a 7.5-ton Mammoth air conditioning unit which did not adequately cool the social hall. 19. In addition to installing an inferior and inadequate air conditioning unit, Defendants also cannibalized existing heating duct in the installation of the air conditioning unit. 20. Defendants never informed Plaintiff that it installed a smaller and inferior air conditioning unit. Instead, Plaintiff first learned of these facts in August 2006 when the unit was serviced by another company. 21. Despite installing a 7.5-ton Mammoth unit, Defendants charged Plaintiff for the full cost of a 10-ton Gibson unit, and Plaintiff paid the full amount. 22. As a result of Defendants' installation of a smaller and inferior unit, Plaintiff has been forced to hire engineers and a new contractor to completely replace the inadequate air conditioning unit and to address the cannibalization of the duct work in the social hall. WHEREFORE, Plaintiff demands judgment against Defendants for $10,906.27 and damages within the arbitration limits for consequential and incidental losses, plus interest, costs and attorney's fees. COUNT II - MISREPRESENTATION AND FRAUD 23. The averments of Paragraphs 1 through 22 are hereby incorporated by reference as though fully set forth. 24. Under the terms of the Agreement, Defendants represented to Plaintiff that they were installing a 10-ton Gibson air conditioning unit. The Agreement was made with the intent to induce Plaintiff to enter into a contract for Defendants' services. 25. The size and quality of the air conditioning unit is material to the ability of the unit to adequately cool Plaintiff's social hall. 26. Instead of installing the unit that was agreed upon by the parties, Defendants instead installed a smaller and inferior unit which was unable to adequately cool Plaintiff's social hall. 27. Upon information and belief, Defendants removed heating duct work and used it in the installation of the air conditioning unit. This, in turn, caused the deterioration of the heating system. 28. Upon information and belief, Defendants also removed and/or rearranged identification plates on the air conditioning units, making identification of the units difficult. 29. Defendants improperly, knowingly and with reckless disregard for the truth of their representations installed an inappropriate air conditioning unit, cannibalized existing heating duct in the installation of the air conditioning unit and removed and/or switched identification plates on the air conditioning units to make them more difficult to identify. 30. Defendants took these actions knowing and intending to cause harm to Plaintiff. 31. As evidenced by Plaintiff s payment in full for the 10-ton Gibson unit, Plaintiff justifiably relied on Defendants' representations that they would install a 10-ton Gibson unit. 32. As a result of Defendants' misrepresentations and fraud, Plaintiff has been forced to hire engineers and a new contractor to completely replace the inadequate air conditioning unit and to address the cannibalization of the duct work in the social hall. WHEREFORE, Plaintiff demands judgment against Defendants for $10,906.27 and damages within the arbitration limits for consequential and incidental losses, plus interest, costs, punitive damages and attorney's fees. Date: MARTSON LAW OFFICES By: Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, I may be subject to criminal penalties. CREEKSIDE VOLUNTEER FIRE COMPANY By: Gerald K. Bush, President CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: William Knoche Knoche Mechanical 218 Birch Lane Carlisle, PA 17013 MARTSON LAW OFFICES By M . Price Ten Fast High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3/N/ 7/07 En ... ,.,try AUG S 0 2001 -17:) ` CREEKSIDE VOLUNTEER FIRE CO. OF EAST PENNSBORO, Plaintiff, V. KNOCHE MECHANICAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3733 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this z/' day of Avg.. ` , 2007, upon consideration of Plaintiffs Motion to Amend Complaint, Plaintiff s Motion is hereby GRANTED, and Plaintiff is permitted to amend the name of Defendant to "William Knoche, individually, and William Knoche d/b/a Knoche Mechanical." BY THE COURT, / f Z( - II $'`Fi tn I `fl `J L0 Z 0 F:\FII.ES\12489\12489. l x=2 Crated: 9/20104 0:06PM Revised: 8/28/07 3:40PM 11093.13 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE CO. OF EAST PENNSBORO, Plaintiff, V. WILLIAM KNOCHE, individually, and WILLIAM KNOCHE d/b/a KNOCHE MECHANICAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3733 CIVIL ACTION - LAW : JURY TRIAL DEMANDED 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 FAFII.EM12489\12489. Leona Crceted: 9/2N04 0:06PM Revved: 8!28/07 3:40PM 11093.13 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE CO. OF EAST PENNSBORO, Plaintiff, V. WILLIAM KNOCHE, individually, and WILLIAM KNOCHE d/b/a KNOCHE MECHANICAL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3733 CIVIL ACTION - LAW : JURY TRIAL DEMANDED AMENDED COMPLAINT 1. Plaintiff, Creekside Volunteer Fire Co. of East Pennsboro, is a Pennsylvania non- profit corporation with a principal place of business at 13 East Dulles Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant William Knoche is an individual residing at 218 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 3. Defendant William Knoche does business as Knoche Mechanical, an unregistered heating and air conditioning business with a principal place of business at 218 Birch Lane, Carlisle, Cumberland County, Pennsylvania. 4. On or about May 4, 2004, Plaintiff entered into an Agreement with Defendants to have a 10-ton Gibson rooftop air conditioning unit installed on the roof of its social hall. A true and correct copy of the Agreement is attached hereto and incorporated as Exhibit "A." 5. As required by the Agreement, Plaintiff made a down payment of $5,000.00 for the installation of the air conditioning unit. A true and correct copy of Plaintiff's down payment check is attached hereto and incorporated as Exhibit "B." 6. Upon completion of the installation of the air conditioning unit, Plaintiffmade a final payment of $5,906.27. A true and correct copy of Plaintiff's final payment check is attached hereto and incorporated as Exhibit "C." 7. Shortly after the air conditioning unit was installed, Plaintiff began to experience problems with the unit. Specifically, the unit was not adequately cooling the social hall. 8. Plaintiffmade multiple service calls to Defendants; however, most of the service calls were not returned. Thereafter, another company was retained to service the unit. 9. In August 2006 while the air conditioning unit was being serviced, Plaintiff learned for the first time that the unit Defendants installed was a 7.5-ton Mammoth unit. 10. In August 2006 when the air conditioning unit was being serviced, Plaintiff was also advised for the first time that identification plates on the units were removed and/or rearranged, making identification of the units difficult. 11. Plaintiffhas subsequently learned that Mammoth units are considered "down market" units and are not considered equal substitutes for Gibson units. 12. Neither the installation of a smaller unit nor the installation of an inferior brand of air conditioning unit was approved by Plaintiff. 13. After Defendants installed the air conditioning unit, the performance of the heating system for the social hall deteriorated. 14. The deterioration of the heating system was caused by Defendants' removal and utilization of duct work from the heating unit in the installation of the air conditioning unit. 15. Plaintiff has been forced to hire engineers and a new contractor to assess and replace the air conditioning unit and to address the problems with the heating system in the social hall. COUNT I - BREACH OF CONTRACT 16. The averments of Paragraphs 1 through 15 are hereby incorporated by reference as though fully set forth. 17. Plaintiff and Defendants entered into an Agreement whereby Defendants were required to install a 10-ton Gibson air conditioning unit for Plaintiff's social hall. 18. Contrary to the terms of the Agreement, Defendants installed a 7.5-ton Mammoth air conditioning unit which did not adequately cool the social hall. 19. In addition to installing an inferior and inadequate air conditioning unit, Defendants also cannibalized existing heating duct in the installation of the air conditioning unit. 20. Defendants never informed Plaintiff that it installed a smaller and inferior air conditioning unit. Instead, Plaintiff first learned of these facts in August 2006 when the unit was serviced by another company. 21. Despite installing a 7.5-ton Mammoth unit, Defendants charged Plaintiff for the full cost of a 10-ton Gibson unit, and Plaintiff paid the full amount. 22. As a result of Defendants' installation of a smaller and inferior unit, Plaintiffhas been forced to hire engineers and a new contractor to completely replace the inadequate air conditioning unit and to address the cannibalization of the duct work in the social hall. WHEREFORE, Plaintiffdemands judgment against Defendants for $10,906.27 and damages within the arbitration limits for consequential and incidental losses, plus interest, costs and attorney's fees. COUNT II - MISREPRESENTATION AND FRAUD 23. The averments of Paragraphs 1 through 22 are hereby incorporated by reference as though fully set forth. 24. Under the terms of the Agreement, Defendants represented to Plaintiff that they were installing a 10-ton Gibson air conditioning unit. The Agreement was made with the intent to induce Plaintiff to enter into a contract for Defendants' services. 25. The size and quality of the air conditioning unit is material to the ability of the unit to adequately cool Plaintiff's social hall. 26. Instead of installing the unit that was agreed upon by the parties, Defendants instead installed a smaller and inferior unit which was unable to adequately cool Plaintiff s social hall. 27. Upon information and belief, Defendants removed heating duct work and used it in the installation of the air conditioning unit. This, in turn, caused the deterioration of the heating system. 28. Upon information and belief, Defendants also removed and/or rearranged identification plates on the air conditioning units, making identification of the units difficult. 29. Defendants improperly, knowingly and with reckless disregard for the truth of their representations installed an inappropriate air conditioning unit, cannibalized existing heating duct in the installation of the air conditioning unit and removed and/or switched identification plates on the air conditioning units to make them more difficult to identify. 30. Defendants took these actions knowing and intending to cause harm to Plaintiff. 31. As evidenced by Plaintiff's payment in full for the 10-ton Gibson unit, Plaintiff justifiably relied on Defendants' representations that they would install a 10-ton Gibson unit. 32. As a result of Defendants' misrepresentations and fraud, Plaintiff has been forced to hire engineers and a new contractor to completely replace the inadequate air conditioning unit and to address the cannibalization of the duct work in the social hall. WHEREFORE, Plaintiffdemands judgment against Defendants for $10,906.27 and damages within the arbitration limits for consequential and incidental losses, plus interest, costs, punitive damages and attorney's fees. MARTSON LAW OFFICES By: j-. Seth T. Mosebey, Esq e I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: r/24 7 Attorneys for Plaintiff Knoche Mechanical 218 Birch Lane Carlisle Pa. 17013 697-0326 91LL TO Fire House REM Roof Unit I Para Labor DESCRIPTION hidd Gb on 10 Ton Rod Top Unit wkh 10 year wwnMy d pwrb and Ww bmkided AN irNl dW P, n of roof unit and dud work m inMaN of Pam dwro :ai Sa Invoice ?- DATE -- - INVOICE *-- 5/11/04 - 132 6 DUE DATE 6/'10104 QTY RATE AMfJUNT 6,894.74 1 1.435.68 1 2,574.85 1 -5,000.00 ?Subiotol 5,906.27 j Taos Total 5,900 27 RU6-2A-2006(THU) 10:25 tk. r i r r v.?viJ7 BSE COMMERCE BANK LEM04NE (FRX)717 972 2976 PAGE 02/05 N, 002lolls Pagc 1 of 4 CHMMIDE VOLUUTtlM >M9 COMPAW 3194 13 F11>iT? G1 O 17--71T-4=21 60-Ima Ul , CU. 13 dr Da $ _DaDara 8 D 14,4! 30450 yC qER=< 1? I.•R3 O P4 8Ar ? l1w r ?OOLPk=??3' ..... a0305/0712004 uj 491 Is mp ! M .?.1 y ga ll u •ct' ti e 1 L i Acc=r-11002'2106 Qwdd?-.3 I" Amaunt $3.000.00 Ode Prmftt9d:Q5-07-1004 w u=dv w mm wk• 002a&0 Pk' 3140 http://mt101arscvvip.yesbm*.comlscripts/arslafsweblAfsW&b.dll?Pmcess? application=:cV:... 8/24!2006 11'0000 50ao0000 EXHIBIT C r - ------ .cat RUG-2a-2006(?NU) 10:25 COMMERCE 8HNK LEM04ME (FnK)717 972 2976 PAGE 03/0E P. 003/005 Paco 2 of 4 CRW MID! YOLUNT'EM FM COMPANY 3204 a WT WJLLW DRIVi 717_7J" W eo-moll CWP H" PA 17011 Date AW 13 Aw to, the '. Dcum m ==- TWO somiu +s R"Wo Fox .? ' R- 40 313O iB1+Gs: S a QO 2 i0 ?>+' 32016 ?pQQ0540? 2 ??' ILI '204 U017 P4 - - BARS.' -it y,w1 . • ? 11 , •r • • • 11 . / /.t ? . • r i LJ try • • I1i PH ILA .. i ' .8.PXm 13 1et'i $' 3 .iii .i-? t.:i? ?. ?r ?.''1'?'• - . _ . s - cc 0, co Amount:510022106 Chmk#:3204 AmoundS,W.17 Dew Pmented:OS-25.2004 littp://MtlDlafscvvip,yesbanLcomiscriptstafs/afswob/AhWeb.dll?Process? application-eV... 8/24/2006 VERIFICATION The foregoing Complaint is based upon information which has been gathered by our counsel in the preparation of the lawsuit. The language of the document is that of counsel and not our own. We have read the document and to the extent that it is based upon information which we have given to counsel, it is true and correct to the best of our knowledge, information and belief. To the extent that the content of the document is that of counsel, we have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if we make knowingly false averments, I may be subject to criminal penalties. CREEKSIDE VOLUNTEER FIRE COMPANY By: Ge d K. Bush, Pres' nt t7 r-Ti 7 ? SHERIFF'S RETURN - REGULAR CASE NO: 2007-03733 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREEKSIDE VOLUNTEER FIRE CO VS KNOCHE MECHANICAL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KNOCHE WILLIAM D/B/A KNOCHE MECHANICAL the DEFENDANT , at 0910:00 HOURS, on the 14th day of September, 2007 at 218 BIRCH LANE CARLISLE, PA 17013 DEBRA KNOCHE, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge n Sworn and Subscibed to before me this of So Answers: 18.00 4.80 .58 10.00 R. Thomas Kline .00 33.38 09/17/2007 MARTSON LAW OFFICES A 14 WA day Deputy Sheri.f , A.D. l ,? >` F: \FILE S\Clients\ 12489\ 12489.1. pra. default l Created: 9/20104 0:06PM Revised: 11/14/07 3:44PM 12489.1 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE : IN THE COURT OF COMMON PLEAS OF CO. OF EAST PENNSBORO, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. WILLIAM KNOCHE, individually, and WILLIAM KNOCHE d/b/a KNOCHE MECHANICAL, Defendant TO THE PROTHONOTARY: NO. 2007-3733 CIVIL ACTION - LAW : JURY TRIAL DEMANDED PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants in the amount of $10,906.27, plus interest and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiffs' Complaint. Plaintiff also requests default judgment in an amount to be determined at a trial pursuant to Pa. R. Civ. P. 1037(b)(1) for consequential and incidental losses, punitive damages and attorney's fees as prayed for in the Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendants at the addresses indicated thereon, on October 8, 2007, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By ZZ9 J Date: November 14, 2007 Seth T. Mosebey, EsL uire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F:\FILES\Clients\12489\12489. Lpra. default 1 Created: 9120/04 0:06PM Revised: 11/14/07 3:44PM 12489.1 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE : IN THE COURT OF COMMON PLEAS OF CO. OF EAST PENNSBORO, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 2007-3733 CIVIL ACTION - LAW WILLIAM KNOCHE, individually, and WILLIAM KNOCHE d/b/a KNOCHE MECHANICAL, Defendant : JURY TRIAL DEMANDED TO: WILLIAM KNOCHE, DEFENDANT and WILLIAM KNOCHE d/b/a KNOCHE MECHANICAL NOTICE OF ENTRY OF DEFAULT 140'61A JUDGMENT You are hereby notified that on the day of 4-1" , 2007, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $10,906.27, plus interest and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiffs' Complaint. Judgment has also been entered against you for consequential and incidental losses, punitive damages, and attorney's fees in an amount to be determined at trial pursuant to Pa. R. Civ. P. 1037(b)(1). Date: S n 01- Prothonotary ?nL I hereby certify that the names and addresses of the proper entities to receive this notice under Pa. R. Civ. P. 236 are: William Knoche William Knoche d/b/a Knoche Mechanical 218 Birch Lane 218 Birch Lane Carlisle, PA 17013 Carlisle, PA 17013 F:\FILES\Clients\12489\12489. Lpra.defaultl Created: 9/20/04 0:06PM Revised: 11/14/07 3:44PM 12489.1 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE : IN THE COURT OF COMMON PLEAS OF CO. OF EAST PENNSBORO, Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM KNOCHE, individually, and WILLIAM KNOCHE d/b/a KNOCHE MECHANICAL, Defendant NO. 2007-3733 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND Seth T. Mosebey, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON LAW OFFICES, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendants was given to them by mail on October 8, 2007. ItA 01& Seth T. Mosebey, squire Sworn to and subscriped before me this III day of add.,4,, 2007. r-Z' 11114;?7 Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L. Otto, Notary Public Carlisle Borough, Cumberland County My commission expires December 20, 2010 • `' F'FILES%CLents,i2489\12489.1.10daynutice Created: 9/10/04 0.06PM Re,ised: 10/8/07 2.55PM 2489 i Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE CO. OF EAST PENNSBORO, Plaintiff, v. WILLIAM KNOCHE, individually, and WILLIAM KNOCHE d/b/a KNOCHE MECHANICAL, Defendant TO: William Knoche 218 Birch Lane Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3733 CIVIL ACTION - LAW JURY TRIAL DEMANDED IMPORTANT NOTICE DATE: October 8, 2007 YOU ARE IN DEFAULT, BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 PROPERTY OR OTHER IMPORTANT RIGHTS. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 219-3166 MARTSON LAW OFFICES By: Seth T. Mosebey, Esquire Attorney I.D. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F IFILES\ClientsU^_489112489.1.10daynotice2 Created: 9/20/04 0.06PM Revised: 10/8/07 2.55PM 12489.1 Seth T. Mosebey, Esquire I.D. No. 203046 David A. Fitzsimons, Esquire I.D. No. 41722 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CREEKSIDE VOLUNTEER FIRE : IN THE COURT OF COMMON PLEAS OF CO. OF EAST PENNSBORO, ' : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Pr _ V. : NO. 2007-3733 CIVIL ACTION - LAW --° WILLIAM KNOCHE, individually, and WILLIAM KNOCHE d/b/a KNOCHE MECHANICAL, Defendant : JURY TRIAL DEMANDED IMPORTANT NOTICE TO: William Knoche d/b/a Knoche Mechanical DATE: October 8, 2007 218 Birch Lane Carlisle, PA 17013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 PROPERTY OR OTHER IMPORTANT RIGHTS. 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(' 17) 249-3166 MARTSON LAW OFFICES BY: Seth T. Mosebey, Esquire Attorney I.D. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: William Knoche 218 Birch Lane Carlisle, PA 17013 William Knoche d/b/a Knoche Mechanical 218 Birch Lane Carlisle, PA 17013 MARTSON LAW OFFICES By 04&j ritne A. Decker en igh Street Carlisle, PA 17013 (717) 243-3341 Dated: November 14, 2007 f n c ? N C v 25 n 'r C ' rrt? _ - ? d w ? "' A 0