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HomeMy WebLinkAbout04-1481· CO1V~MONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C%- ~.- ~- .- I= ~. cE NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 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. NAME OF APPELLANT I ~G, DIST. NO. I NAME OF O.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE O~ JUDGMENT ~ IN THE CASE OF (Plaint/~ ~ (Oefe~dam)' · This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. t008B. This Notice of Appeal, when received by the Distdct Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If al~pellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fon'n 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 ~t/. ~. _~_~..~ ~-/~-CJ~,c.-~,{ d'~,,~Jo--.-c~ apperlee(s), to file a comp~aint in this appeal (Common Pleas No. ~./~/ ~ l ~ ~[ )within ~enty (20)days after se~ice of rule or suffer ent~ of judgment of non pros. Signature of ap~llant or a~omey or agent RULE: To. ~.~. ~.y~l~(~,~ j ~o-~c~ ,appellee(s) (1) You are notified that a m~e is hereby entered upon you to file a complaint in this appeal within twenty (20) da~ affer the date of se~ice of this rule upon you by pemonal se~ice or by ce~ified or registered mail. (2) ff you do not file a ~mplaint within this fime, 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: ~L~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY COMMONWEALTH OF PENNSYLVANIA · ' COUNTY OF: CUMBEPJ.,AND Mag Dist. NO.: 09-3-05 DJ Name: Hon. Address: 507 N. YOP, K ST. MECHANICSBUI~G, PA Terephone:(7[7) 766-4575 17055 JO~N DEZAGOTTIS 1716 BRIDGE STREET NEW CUMBERL~.ND, PA 17070 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF; NAME and ADDRESS ~. S · ~ ELECTRICAL CONTRACTOR '~ 1781 MAIN STKEET LISBUP, N, PA 17055-5946 VS. DEFENDANT: NAME and ADDRESS F-DEZAGOTTI S, JOHN ~ 1716 BRIDGE STP. EFT NEW CUMBEP. LAND, PA 17070 Docket No.: CV- 0000320-03 Date Fired: 12/15/03 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ 3., 144 .'45 on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. ~--[ Amount of Judgment Subject to Attachment242 Pa.C.S. § 8127 $ ~] Portion of Judgment for physical damages arising out of residential lease $ FOR PT.~TNTIFF ,TORN' (Date of Judgment) (Date & Time) Amount of Judgment $ 2,044.85 Judgment Costs $ 99.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2, :144.35 Post Judgment Credits $ Post Judgment Costs $ Certified 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 DISTRICT JUSTICESi IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. 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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETFLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Jl/~/~lDate ~ ~. 0d~7 ,District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2006 . AOPC315-03 DATE PRINTED= 3/10/04 11=51=a~3 AM SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO F)LE CO~PLA~NT ( [h s pr~ ~ seP~/ce MUS ~ ~E F~LED W~H~/V FE ~ (~ 0) DA YS AF~ER f~)~g ~ the n~tIc~ ef n~ p a[ COUNTY OF AFFIDAVIT: I hereby (swear) (affirm) that I se[red a copy of the Notice of Appeal, Common Pleas No. o~- I~1 ~ ~ J f~ , upon the District Justice designated therein on sender's receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ~ DAY OF ,20d~ . Commonwealth Of Pennsylvania AOPC 312A ~ 02 COMMONWEALTH OF PENNSYLVANIA IOURT OF COMMON PLEAS jUdiCial District, County NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS NO. NOTICE OF APPEAL Notice is given that the appellant has fired 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. MAG, DIST. NO, NAME OF D.J ·CV oeo RNEY OR AGENT I~,',Cll[ . O.a~k~.~('~ -~?~--zl~'/~"~" ,t'~ This block will be signed ONLY when this notation is required under Pa. ~ellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R C.P.D.J. No. 1008B. This Notice of Ap~ai when received by the District Justice, will operate as a before a District Justice, A COMP~INT MUST BE FILED within ~enty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. 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 Distdct Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAEClPE: To Prothonotary Enter rule upon /,t,/· ~ *~ ~-t¢ ¢ J~, ~- ~ { ~ ~ ~ ~ ~ c ~ appellee(s), to file a complaint in this appeal Name of a~ellee(s) (Common Pleas No. ~ _ ) w~thln twenty (20) day after se~ice of rule or suffer ent~ of judgment of non pros. RULE: TO /4/.~. ~-41,'~~'~' { ~,., J~-~,c~l.~ .appellee(s) N&me ~ a~ellee(s) (1) You are not fled that a ru~ ~ hereby entered upon you to file a complaint in this appeal within t~nty (20) days after the date of se~i~ of this rule upon yo~ .py,~pa~ se~i~'or by ceAified or registered mail. (2) If you d~t file a complaint w t~ ~ time. a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. 're of se~l~e ~f this rule if s~i~ was Dy mail is the date °f the mailing' ~~~~ (3) The.~ .... ~ ' I' ~ 20/~ ' ~ ;~ ~ ' 'Sig~tu~ofPro~onota~o~P~ YOU MUST ~CLUDE A CO~'E NOTICE OF JUDGMENT~RANSCRIPT FORM WITH THIS NOTICE OF APPEl. AOPC 312-02 COURT :FILE W.S. CAREY ELECTRICAL CONTRACTOR, Plaintiff JOHN DeZAGOTTIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1481 CIVIL ACTION 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 foith against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff.. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defendarse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la &:manda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted :no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros darechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 W.S. CAREY ELECTRICAL CONTRACTOR, Plaintiff JOHN DeZAGOTTIS, Defendant : IN THE COURT OF COMMON PLEAS : CUIVlBERLAND COUNTY, PENNSYLVANIA : NO. 04-1481 : CIVIL ACTION COMPLAINT The Plaintiff is W.S. Carey Electrical Contractor with an address of 1781 Main Street, Lisbum, Pennsylvania 17055-5946, (hereinafter "Carey"). 2. The Defendant is John DeZagottis, (hereinafter "DeZagottis"), an adult individual with an address of 909 Robert Street, Mechanicsburg, Pennsylwania, 17055. COUNT I Breach of Contract 3. On or about February 21, 2003, Carey entered into a written agreement with DeZagottis under which Carey agreed to provide labor and material and to perform electrical work on the property owned by DeZagottis at 12 Poplar Street, Wormleysburg, Pennsylvania, 17043; and in exchange, DeZagottis agreed to pay Carey the stun of $1,887.00. A tree and correct copy of the aforesaid written agreement is attached hereto at Exhibit "A". 4. The written contract was later revised by the parties to add extra work including the installation of a fan and a three-way at a price of $157.85 resulting in a revised agreed upon contract mount of $2,044.85. 5. Carey completed the work ordered by DeZagottis in a good and workmanlike manner. DeZagottis accepted all of the work performed by Carey. 6. Carey submitted its invoice for payment in the total amount of $2,044.85 to DeZagottis several times but to date, despite demand, DeZagottis has failed and refused to pay any amount leaving a principal balance due and owing of $2,044.85. DeZagotfis' failure and refusal to pay Carey the balance due constitutes a breach of contract. 8. DeZagottis did not provide Carey with any notices that any of Carey's work was claimed by DeZagottis to be deficient in any manner or that Carey's invoice was incorrect or inaccurate in anyway. 9. As a result of DeZagottis' breach of contract Carey has been damaged in the principal amount of $2,044.85 plus District Justice costs in the amount of $99.50 plus interest which continues to accrue. 10. All conditions precedent for the bringing of this action have occurred and/or have been performed. WHEREFORE, Plaintiff, W.S. Carey Electrical Contractor respectfully requests this Honorable Court to enter judgment in its favor and against Defendant John DeZagottis in the amount of $2,144.35, plus costs and interest. COUNT II In the alternative/Unjust Enrichment 11. Plaintiff incorporates herein by reference the averments of paragraphs 1 through 10 above as if set forth fully herein. 12. Carey did not perform the electrical services and provide the labor and materials for the DeZagottis' property as a volunteer. 13. As a result of Carey's electrical services, labor and materials, DeZagottis has been unjustly enriched in that he has accepted the benefit and value of Carey's labor and materials without paying for same. 14. The charges for Carey's electrical services, labor and materials are fair and reasonable and are the prices agreed to be paid by DeZagottis. 15. It would be unjust to permit DeZagottis to retain the benefits of Carey's labor and materials without paying for same. WHEREFORE, Plaintiffi W.S. Carey Electrical Contractor respectfully requests this Honorable Court to enter judgment in his favor and against Defendant John DeZagottis in the amount of $2,144.35 plus costs and interest. ~'llltfn~as~2). 'Williams, Esquire Attorney I.D. No. 67987 Theodore A. Adler, Esquire Attorney I.D. No. 16267 2331 Market Street Camp Hill, PA 17011-464 Telephone: (717) 763-1383 Attorneys for Plaintiff, W.S. Carey Electrical Contractor 3 WS CARE¥ ELECTRTC PAGE ) ~'ag~ ~- o, W. $. CAREY 1781 Main 5'b*eet LISBURN. PA 17055 (717) 697-2478 FAX (717) 697-2928 85: -' FEE~UARY dOPIq DEZAGOTTIS 21, 2003 909 RC~ER~ STREET PROPERTY - 12 POPLAR STREET /~CHAN I CSBURG, PA 17055 WORMLEYSBURG THIS PROPOSAL INCLLi:)~E5 TI-E~ FOLLC~ING TO U~DE WIRING AT 12 POPLAR STREET: 1. B~S6~ENT: - INSTALL GRCCND ROD FO~ SERVICE. - COI~CT 3 EXISTING LIC4a/lrs TO 1 SWITCH. 2 KITCHEN I~ REAR PORCH: - CHECK RE/~R PO~CH LIGHT. - INSTALL ADOITION&L GFI RECEPTACLE ON SEPARATE CIRCUIT TO LEFT OF SII~. - REFI~6,CE 2 RECEPTACLES Wlllfl C~':I TYPE. - INSTALL 3-WAY SWITCH AT REAR DCTOR FOR KITCHEN LIGHT. 3. LIVING RO(~4 & DINING ~OOM: -INSTALL SWITCH FOR DINING ROOM LIC~F. -INSTALL SWITCH CN EXISTING RECEPTACt_F IN LIVING ROOM. -INSTALL SWITCH g EXTERIOR LIGHT AT FRC~I' DOOR. -$60.00 ALLCtCV, lCE TO RELCCATE WIRES A~)VE SUS~.Etq)B ,, ................ : .... , ~g ~O~OS~ hereby to furnish material and labor -- ~piete In ac~rd~ve sp~llicat,ons, for the sum 0 ' /~/~ J ~ /J / ~_. ..................... ~llam ($ ...... BILLI~ IS ~ ~RY ~0 ~YS F~ C~TI~I~ t00% PAY~NT DUE IN FULL /~TER FINAJ_ COMPt. ETICXq OF WEX~J~. signat "GARY W. ~REY ~ ~ CANE"/ ELECTRTC PAGE R4 p~E 2 W. S, CAREY 1781 Main $~xeet USSURN, PA 17055 (717) 697-2475 FAX (717) 697.2928 ~ DEZAGOTTIS ~ FEBRUARY 21.2003 909 R~6ERT STREET PROPOERTY - 12 POPLAP. STREET HECI-~N I CSBURG, PA 17055 WORI~.EYSBURG q. '2ND FLOOR; - REFLACE STAIRWAY $~/[TCH. 5. OATH: - INST~L ~J RECEPTACLE ~ SEP~,TE CIRCUIT. -]NST~L SWITCH ~ W[RE FC~ S[~, LI~. 6. FRCNT B~: - C~R EX~S~ WiRE ih: CLOSET- - [NST~L ~[T]~ RECEPTACLE L'SJ~ S~FACE ~...~ ~.ATH. - ~ 2 RECEPTACLES ~ RE~ ~L. - ~EL~TE FL~ ~ECEPT~LE TO ~L. RD FL~' - 2 R~. JNST~L CIRCUIT ~ 6 RECEPT~ES (~ ~C~)./ 9 3 - ..:...: ~ / ~ _,_~ ~[~1~ ~t'l~pO~E hereby to fumlsll materiel and labor-- complete In accordance with above speci/ications, for the sum of: Ol,~ THOUSAND EIGI-ff I-IJhDRED EIGHTY SE%liN DOLLARS .................... ~($1,887.00 ........... BILLING I5 DCNE EVERY ~O DAYS FOR CONTIKt:ING ~K~RK. 100~ PAYiVI~NT DUE IN FULL AFTER FIIN~AL COI'~PLETION OF WOI~. VERIFICATION I, Gary Carey, hereby verify that I am the President/Owner of W.S. Carey Electrical Contractor and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false state- ments herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. W.S. CAREY ELECTRICAL CONTRACTOR, Plaintiff V. JOHN DeZAGOTTIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND C. OUNTY, PENNSYLVANIA : NO. 04-1481 : CIVIL ACTION ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Defendant John DeZagottis and certify that I am authorized to do so. Date: Brian K. Zellner, Esquire Law Offices of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 W.S. CAREY ELECTRICAL CONTRACTOR, Plaintiff COURT OF COMMON PLEAS CUMBEF1LAND COUNTY, PA NO. 04- 1481 JOHN DEZAGOTTIS, Defendant CIVIL ACTION ANSWER,WITH NEW MATTER OF THE DEFENDANT JOHN DEZAGOTTIP, 1. - 2. Admitted. COUNT I 3. - 4. Admitted. 5. Denied. The Defendant avers to the contrary that the work performed by the Plaintiff was performed in a negligent manner. 6. Admitted in part and denied in part. It is admitted that the invoice was submitted to the Defendant. It is denied that this invoice is owed. The Defendant avers to the contrary that no money is owed to the Plaintiff because the work was not performed in a good and workmanlike manner. 7. Denied. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 8. Denied. The Defendant avers to the contrary that a letter was sent to the Plaintiff dated August 5, 2003 alleging deficient work. 9. Denied. The Defendant avers to the contrary that he did not breach the contract and therefore no money Js owed to the Plaintiff. 10. Denied. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant requests judgment in his favor and against the Plaintiff. COUNT II 11. The Defendant incorporates by reference his answer to paragraphs 1 through 10 as if set forth fully herein. 12. Admitted in part and denied in part. It is admitted that the Plaintiff was not a volunteer. It is denied that the Plaintiff is entitled to compensation. The Defendant avers to the contrary that no money is owed to the Plaintiff because the work was deficient. 13. Denied. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 14. Denied. The averment contained in this paraglraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. 15. Denied. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, the Defendant requests judgment in his favor and against the Plaintiff. NEW MATTER OF THE DEFENDANT JOHN DEZAGOTTIR 16. The Defendant incorporates by reference hereto his answer 1 through 15 as if more fully set forth herein. 17. The Complaint fails to state a claim upon which relief can be granted. 18. The Plaintiff's cause of action is barred by the applicable Statute of Limitations. 19. The work performed by the Plaintiff was not done in a good and workmanlike manner. 20. The work performed by the Plaintiff was negligent. 21. The Defendant incurred expenses to have the work performed in a proper manner. WHEREFORE, the Defendant respectfully request judgment in his favor and against the Defendant. Date:fo/g/off Brian K. Zellner, Esquire 3805; Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 59262 Attorney for the Defendant W.S. CAREY ELECTRICAL CONTRACTOR, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04 - 1481 JOHN DEZAGOTTIS, Defendant CIVIL ACTION C_ERTIFICATE OF SERVICE I, BRIAN K. ZELLNER, Esquire, do hereby certify ttlat on this -~- dayof ,2004, I did serve a true and correct copY of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Thomas O. Williams, Esquire Reager & Adler 2331 Market Street Camp Hill, PA 17011 - 4642 Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 ~I717) 975 - 9446 Atty id. No. 59262 W.S. CAREY ELECTRICAL CONTRACTOR, Plaintiff JOHN DeZAGOTTIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-1481 : CIVIL ACTION PLAINTIFF'S REPLY TO NEW MATTER 16. NO reply required. 17. Denied. The averments of paragraph 17 constitute conclusions of law to which no responsive pleading is required. 18. Denied. The averments of paragraph 18 constitute conclusions of law to which no responsive pleading is required. 19. Denied. It is specifically denied that the Plaintiffperformed any of the work for which it claims payment in a less than good and workmanlike manner. On the contrary, the Plaintiffperformed all work for which it invoiced the Defendant in a good and workmanlike Denied. The averments of paragraph 20 constitute conclusions of law to which no responsive pleading is required. 21. Denied. It is specifically denied that the Defenda~at incurred any expenses to have any of the work performed by the Plaintiff re-performed inasmuch as the Plaintiff performed all work in a good and workmanlike manner. WHEREFORE, the Plaintiff, W.S. Carey Electrical Contractor respectfully requests this Honorable Court to enter judgment in its favor and against Defen~dant, John DeZagottis in accordance with the Plaintiff's complaint. Respectfully' submitted, Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011 Telephone: 11717) 763-1383 Attomeys fe,r Plaintiff, W.S. Carey Electrical Contractor VERIFICATION I, GaryCarey, hereby verify that l am the ?~1'~/~ ~' of W.S. Carey Electric and Contracting Service and, as such, I am authorized to verify the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I tmderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. {}4904, relating to unswom falsification to authorities. CERTIFICATE OF SERVICE AND NOW, thisf')q~'7' day off'~'~'} ,2004, I hereby verify that I have caused a tree and correct copy of the fbregoing document to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Darrell C. Dethlefs, Esquire Brian K. Zellner, Esquire Law Offices of Darrell C. Dethlefs 3805 Market Street Camp Hill, PA 17011 'I~MAS O. WILLIAMS, ESQUIRE W.S. CAREY ELECTRICAL CONTRACTOR, Plaintiff JOHN DeZAGOTTIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1481 CWIL ACTION PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned lawsuit as settled and discontinued with prejudice as to all claims. Date: LAW OFFICES OF DARRELL C. DETHLEFS B~-ian K. Zellner, Esquire Attorney 1.]2). No. gOS-Mrark~-S'treet 2 r -~Z. Camp Hill, PA 17011 Attorney for Defendant Date: THOI~ik"~3. W~S, ESQUIRE Attorney I.D. No. 67987 2331 Market Street Camp Hill, PA 17011-4642 (717) 763~1383 Attorney for Plaintiff