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HomeMy WebLinkAbout08-6768TOMMONWEALTH OF PENNSYLVANIA COUNTY OF: YORK Mag. Dist. No, 19-3-01 MDJ Name. Hon. JAMES D. HODGE Address: 2997 CAPE HORN RD RED LION, PA Telephone: (717 ) 244-4002 17356-9329 ATTORNEY FOR PLAINTIFF : TINA H. FOX 135 NORTH GEORGE STREET YORK, PA 17401-1132 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JDD( T PLTF ?? -' (O?? t?lutlf? NOTICE OF JUDGMENT/TRANSCRIP CIVIL CASE PLAINTIFF: NAME :and ADDF ESS rN.D. FOX TAPPING & WELDING, INC. ? 955 COOL CREEK ROAD WRIGHTSVILLE, PA 17368-9129 L J VS. DEFENDANT: NAME and ADDRESS rPENN XCAVATING, INC. MICHAEL STONE 5 SILVER SPRINGS ROAD PCHANICSBURG, PA 17050 J Docket No.: CV-0000467-08 Date Filed: 7/21/08 (Date of Judgment) 9/19/08 rX1 Judgment was entered for: (Name) N.D. FOX TAPPING & MELDING, IN ® Judgment was entered against: (Name) PENN XCAVATING, INC. in the amnunt nf 54 3, 393.5) Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time F] This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $_3.290.00 Judgment Costs $_ 103.50 - Interest on Judgment 00 $ Attorney Fees $ - W Total 3,393.50 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 MAGISTERIAL DISTRICT JUDGES, IF THE _ __. JU T.MOLD1=R ELECTS-TO EMEt4 TME-JUDGMEAIrIN'T"E COUM'OPCGMMON PLEAS,-Att FURTHER PRO ESS-MU8•T - 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 Date Magisterial District Judge { I certify that this is a true an orrect co Y py 0 the record of the proceedings containing the judgment. 1 f 3 X Date Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 9119108 8:24:00 AN ?? ? ? ? ? ? ?? ?- ? ? ?' ??.? ? ? w ? ? ?, ? ?, fi- ? .. .? ? ? ? ?' ? ? .y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA W.D. FOX TAPPING & WELDING, INC CIVIL ACTION LAW Plaintiff . V. PENN XCAVATING, INC. Defendant NO.. CAS - zv%8 0i.; (?r" AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA : COUNTY OF YORK Sg. Before me, the undersigned officer, personally appeared GLENN J. SMITH, ESQUIRE, who being duly sworn according to law, deposes and says that a search of the records of the Prothonotary's Office of York County on November 12, 2008 revealed that no Magisterial District Judge appeal was filed by the Defendant in the above matter in York County. Sworn and subscribed to before me this !A day of y A4e4_ , 2008 A commission expires: NOVAIM IM tUi?W J WAL1?E NOWY AMC Eavoo2 5908,,, n??M?MOn bp1 »r4 CGA Law Firm Glenn J. ire me Court I.D. #85925 135 North George Street York, PA 17401 717-848-4900 telephone 717-843-9039 facsimile Attorneys for Plaintiff lpf V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA W.D. FOX TAPPING & WELDING, INC : CIVIL ACTION LAW Plaintiff . V. NO.: DDS -- G7L8 n PENN XCAV ATING, INC. Defendant NOTICE OF FILING JUDGMENT (X) Notice is hereby given that a Judgment in the above-captioned matter has been entered against you in the amount of $ 3,393.50 on September 19, 2008. (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil iv.l by: {00258711/1} ". V` If you have any questions regarding this Notice, please contact the filing parry: NAME Tina H. Fox, Esquire ADDRESS: 135 North George Street York, PA 17401 TELEPHONE NO: (717) 848-4900 (This Notice is given in accordance with PA.R.C.P. 236.) NOTICE SENT TO: NAME Penn Xcavating, Inc. 5 Silver Springs Road Mechanicsburg, PA 17050 (00258711/1) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: W.D. Fox Tapping & Welding, Inc. V. iA ,ps0 60yeu' Penn Xcavating, Inc. NIe6$1' ? Confessed Judgment Q Other File No. 09 - tD l to 8 Amount Due $3.393.50 Interest $ 30.24 Citizens Bank-Garnishee TO THE PROTHONOTARY OF THE SAID COURT: Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) All accounts of defendant in possession of Garnishee PRAECI1?E FOR ATTACHMENT EXECUTION Issue writ of-attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) Accounts held at Citizens Bank a W. [yin a+?1?, PA !?OSS and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pendens > t real tes defendant(s) described in the attached exhibit. Date 1111Z10% Signature: . Print Name: J . 1 , E s q Address: Attorney for: Telephone: 135 N. George St. York, PA 17401 W.D. Fox Tapping & Welding 717-848-4900 Supreme Court ID No: 85925 1? A fiA 1? t tl! L. . Qu to g Q U CD WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6768 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W.D. FOX TAPPING & WELDING, INC., Plaintiff (s) From PENN XCAVATING, INC., 5 Silver Springs Road, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: CITIZENS BANK, 2 W. Main Street, Mechanicsburg, PA 17055 All accounts of defendant in possession of Garnishee. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,393.50 Interest -- $30.24 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 12/03/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs / 1/4 "; vo-?' C is R. Long, P o ary By: Deputy REQUESTING PARTY: Name GLENN J. SMITH, ESQUIRE Address: 135 N. GEORGE STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-848-4900 Supreme Court ID No. 85925 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-06768 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND FOX W D TAPPING & WELDING INC VS PENN XCAVATING INC And now SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0009:05 Hours, on the 6th day of December-, 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , PENN XCAVATING INC in the hands, possession, or control of the within named Garnishee CITIZENS BANK 2 W MAIN ST MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to ALICIA PATTI (BRANCH MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her Sheriff's Costs: So Docketing .00 .?i true and made Service 00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 . 00 12/08/2008 ' Sworn and Subscribed to J before me this day of By Deputy Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION WD Fox Tapping & Welding, Inc. Plaintiff(s), VS. Penn Xcavating, Inc. Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. 08-6768 ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS 1 to _1_) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of PA, states that with the information provided it maintains no deposit accounts in the name of the Defendant, Penn Xcavating, Inc. Therefore, no funds are being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Jeffrey W Metzgar who being duly sworn according to the law deposes and says that he is an Operations Clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of his knowledge, information, and belief. Jeffrey W Metzgar Sworn and subscribed before me this 50 day of '2008. 101, 61 1??3' //-? - Public ' o Q ,.a1jV1QNVVCHL 1 h OF elt-N Vb V LVANI, Notarial Seal Brum D. Mwr4oy, Notary Public City Of PaasWO, Ako" County My Commissbn Expires May 15, 2010 Aomber, Pennsylvania Association of Notaries Certificate of Service I, Jeffrey W Metzgar, hereby certify that a true and correct copy of the Answers to Interrogatories has been served. upon the following by depositing it in the U. S. Mail, postage prepaid, this day of -lp-q v ? 2008. Glenn J Smith, Esq. 135 N. George St York, PA 17401 ey W Metzgar IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION WD FOX TAPPING & WELDING, INC., Plaintiff(s), VS. PENN XCAVATING, INC., Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee. 08-6768 Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis@stradley.com www.stradley.com .. r 1XI 1 _'y n} -w? omas Kline, Sheriff, who being duly sworn according to law, states this ?-,j n -js returned STAYED Sheriff s Costs: Advance Costs: 150.00 91.13 Docketing Poundage Advertising Law Library Prothonotary Milage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee E ? .E d h - 030 0001 33183HS 31 !i a' J! ?_'J 18.00 58.87 1.79 Refunded on 01/20/09 .50 2.00 9.00 30.00 20.00 .84 9.00 So Ans er 91.13 ? i/3oloq .? R. Thomas Kline, Sheriff By (jCyAJJL-- 0 Qn r -p Va-dv c2-4 o, sa A- 4'7 ? V7 '' acv iS?? I-I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6768 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W.D. FOX TAPPING & WELDING, INC., Plaintiff (s) From PENN XCAVATING, INC., 5 Silver Springs Road, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: CITIZENS BANK, 2 W. Main Street, Mechanicsburg, PA 17055 All accounts of defendant in possession of Garnishee. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,393.50 Interest -- $30.24 Atty's Comm % Atty Paid $54.25 Plaintiff Paid Date: 12/03/08 L.L. $.50 Due Prothy $2.00 Other Costs ? i - C R. Long, P o ry (Seal) REQUESTING PARTY: Name GLENN J. SMITH, ESQUIRE Address: 135 N. GEORGE STREET YORK, PA 17401 Attorney for: PLAINTIFF Telephone: 717-848-4900 Supreme Court ID No. 85925 By: Deputy r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA - CIVIL. DIVISION WD Fox Tapping & Welding, Inc. Plaintiff(s), VS. Penn Xcavating, Inc. Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. 08-6768 ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS I to 9 ) At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of PA, states that it maintains a checking account in the name of the Defendant, Penn Xcavating, Inc, with a balance of $ 16632.69 after the $300.00 Statutory exemption and the $90.00 Garnishee's processing fee, being held subject to this Writ of Execution. r COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY SS: Before me, the undersigned authority, a Notary Public in and for said Commonwealth and County, personally appeared Jeffrey W Metzgar who being duly sworn according to the law deposes and says that he is an Operations Clerk, and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of his knowledge, information, and belief. Jeffrey Metzgar Sworn and subscribed before me this day of ?,o .,/yoa vy , 2009. Notarial Seale- ; Bruce U. Mountjoy, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires May 15, 2010 „t,.?.:.,,i„•, ;,c,, ,.,, iation of Notaries Certificate of Service I, Jeffrey W Metzgar, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid, this 9 day of 2009. Tina H. Fox, Esquire 135 N. George St York, PA 17401 Penn Xcavating, Inc. 105 E Tuckahoe Rd Dillsburg, PA 17019 effrey W Metzgar r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION 08-6768 WD FOX TAPPING & WELDING, INC., Plaintiff(s), vs. PENN XCAVATING, INC., Defendant(s), VS. Citizens Bank of Pennsylvania, Garnishee. Answers to Interrogatories Code: 200 Execution Filed on Behalf of Garnishee, Citizens Bank of Pennsylvania Counsel of Record for this Party: Nicholas Deenis, Esquire PA I.D. No. 62378 Stradley, Ronon, Stevens & Young Great Valley Corporate Center 30 Valley Stream Parkway Malvern, PA 19355-1481 (484) 323-1351 (610) 640-1965 fax ndeenis@stradley.com www.stradley.com N _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA W.D. FOX TAPPING & WELDING, INC: CIVIL ACTION LAW Plaintiff V. PENN XCAVATING, INC. Defendant CITIZENS BANK Garnishee NO.: 08-6768 Civil PRAECIPE FOR JUDGMENT Regarding the above-captioned action, enter judgment in favor of Plaintiff and against Garnishee, Citizen Bank of Pennsylvania, for property of the Defendant, Penn Xcavating, (bank accounts) as admitted in its Answers to Interrogatories in Attachment (copy attached). (X) Assess damages as follows: Debt ....................................... $3,393.50 ? Interest from 9/19/08 .................... $ 81.20 Docket costs .............................. $ Attorney's Commission .................. $ TOTAL .................................... $ 3,474.70 () I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. () Pursuant to Pa.R.C.P. 237 (Notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. () Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the parry against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. Date: February 11, 2009 Tina H. Fox, Esquire Attorney for Plaintiff 135 North Duke Street York, PA 17401 (717) 848-4900 Supreme Court No. 93366 [00283882/1) NOW, ?j, 2009, JUDGMENT IS ENTERED AS ABOVE. ?7-1'111111?L tPf(Ithono er, c, vil Division By:_ Deputy (00283882/1) AN, 22. 2`'09 1; 07PM NO, 216 P, 2 IN THE COURT OF COMMON PLEAS OF CU.&MERLAND COUNTY, PA- CIVIL .DIVISION WD Fox Tapping & Welding, Inc. Pl?intifF(s), VS. 08-6768 Penn Xcavatzng, Inc. r Defendant(s), and Citizens Bank of Pennsylvania, Garnishee. ANSWERS TO INTERROGATORIES OF GAMSHEE,+CMZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintyff(s): (N'I. ERS _1_ to __g_j At the time of service of above-captioned. Writ of Execution and to the present, Citizens Bank of VennsylWc k provides the following, Answers to Interrogatories, The Garnishee, Citizens Bank of PA., states that it maintains a cheoking accowxt in the name of the .Defendant, Penn Xcavatiug, Inc, with a balance of $ 16632,69 after the $300.00 Statutory exemption and the $90.00 CarnisWs processing fee, being held subject to this Writ of Execution. . ±AN, 22, 2009 1; 0?PM NO, 216 P. 3 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said Co=nonwealth and County, personally appeared Jeftey W Metzgar who being duly sworn according to the law deposes and says that he is an Operations Clerk, and that the statements set forth in foregoing Answers to Intezxogatories we true and correct to the best of his knowledge, information, and belief. Jeffrey Metxgat' Swore and subscribed before me this day of ' 2009. Y ' „?. t.?L YL.cI yY' ?'L'lVtVi7?4?y'N• Notarial Seat My 00Mmmion EOM May 15, d?11? n. 3?,..?????v4nin Ana??i??tOn or 0.ntprie.,? AN, 22, 2009 1:07PM NO. 216 P, 4 Cmtificate of Service I, Jeffrey W Metnar, hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon, the foiko by deposbitug it in the U. S. Mail, postage prepaid, this '? day of . 2009. t Tina H. Fax, Esquire 135 N. George. St York, PA 17401 Pone xcavatip& Im 105 E'T'uckahoe Rd Dillsburg, PA 17019 efircy W Metzgar CERTIFICATE OF SERVICE I hereby certify that on this 11th day of February 2009, a true and correct copy of the foregoing Praecipe for Judgment was served via first-class mail, postage prepaid, upon the following: Penn Xcavating, Inc. 105 Tuckahoe Road Dillsburg, PA 17019 CGA LAW FIRM Tina H. Fox, quire Supreme Court No. 93366 135 North George Street York, PA 17401 717-848-4900 telephone 717-843-9039 fax tnessgcgalaw.com Attorneys for Plaintiff (00283882/1) R? 17 L r-? cry =-c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA W.D. FOX TAPPING & WELDING, INC: Plaintiff V. . PENN XCAVATING, INC. Defendant CITIZENS BANK . Garnishee CIVIL ACTION LAW NO.: 08-6768 Civil (X) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $3,474.70 on February 11, 2009. (X) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil Div. by: If you have any questions regarding this Notice, please contact the filing party: NAME: ADDRESS: TELEPHONE NO: Tina H. Fox, Esquire 135 North George Street York, PA 17401 (717) 848-4900 (00283882/1) (This Notice is given in accordance with Pa.R.C.P. 236.) Notice sent to: NAME Citizens Bank ADDRESS c/o Jeffrey W. Metzgar William Penn Place Office 525 William Penn Place Suite 2618 Pittsburgh, PA 15219 (00283882/1} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA W.D. FOX TAPPING & WELDING, INC: CIVIL ACTION LAW Plaintiff V. NO.: 08-6768 Civil PENN XCAVATING, INC. Defendant PRAECIPE TO REMOVE To the Prothonotary of York County: ( X ) Please mark the above-captioned action discontinued. ( X ) Please mark the above captioned case as settled and satisfied. CGA Law Firm Tina H. Fox, Es uire Supreme Court I.D. No. 93366 135 North George Street York, Pennsylvania 17401 Telephone: (717) 848-4900 Facsimile: (717) 843-9039 Counsel for Plaintiff W- CERTIFICATE OF SERVICE I hereby certify that on this 14th day of April 2009, a true and correct copy of the foregoing Praecipe to Settle and Satisfy was served via first class mail upon the following: Penn Xcavating, Inc. 105 Tuckahoe Road Dillsburg, PA 17019 u h Kissinger, arale al r Tina H. Fox, Esquire IRIS 3?-O'FICE OF THE PPI MIiONOTARY 2009 APR 15 PM 3: 0 CUM