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HomeMy WebLinkAbout01-6898THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Plaintiff lAN SMITH, Plaintiff WAYNE'S JET SHOP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 Notice and Complaint are served, by entering a written appearance personally or by attorney and filing in writing with this 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 dghts 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Plaintiff lAN SMITH, Plaintiff WAYNE B. FINNICLE t/d/b/a WAYNE'S JET SHOP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, lan Smith, and pleads the following causes of action: 1. The Plaintiff is lan Smith, an adult individual, who resides at 1420 Ford Avenue, Harrisburg, Pennsylvania 17109. 2. The Defendant is Wayne B. Finnicle, t/d/b/a Wayne's Jet Shop, a business that specializes in sales and service of boats and boating equipment. The business is located at 5253 East Simpson Street, Mechanicsburg, Pennsylvania 17055. 3. Mr. Smith is the owner of a 1973 Avenger jet boat, Hull Identification Number 3120, Registration Number PA 3656 DD. 4. On November 10, 2000, Mr. Smith took the 1973 Avenger jet boat to 5253 East Simpson Street, Mechanicsburg, Pennsylvania, as he had done in the past, to have the boat winterized. The boat motor had no freezing damage to it when it was dropped off. motor. Wayne's Jet Shop was notified by telephone that the boat was being dropped off. The purpose for having the boat winterized is to prevent freezing damage to the 7. Instead of promptly seeing that Mr. Smith's boat was winterized and protected from cold weather, the Defendant permitted the boat to sit on the lot until November 30, 2000, without taking proper precautions or care leading to extensive damage to motor. COUNT I - Ne~lic~ence 8. Plaintiff hereby incorporates the allegations in Paragraphs 1-7 as if set forth at length. 9. The Defendant was negligent in regard to the care, custody and handling of the Plaintiff's jet boat in the following particulars: a. failing to promptly winterize the boat as the Defendant agreed to do; b. failing to place the boat in a climate controlled area while it was waiting to be winterized; c. failing to notify the Plaintiff that the winterization of the boat might not be completed before the onset of damaging cold weather; and d. taking on more work that the Defendant had the capacity to complete in a timely fashion. 10. The Defendant's negligence was the sole and proximate cause of the damage to the Plaintiff's jet boat. 11. As a result of the negligence of the Defendant, the Plaintiff incurred damages to his boat motor in the amount of $4558.74. 12. As a result of the Defendant's negligence, the Plaintiff also incurred miscellaneous damages in the amount of $103.54. WHEREFORE, the Plaintiff respectfully requests that judgment be entered against the Defendant in the amount of $4,662.28. COUNT II - Breach of Contract 13. Plaintiff hereby incorporates the allegations in Paragraphs 1-12 as if set forth at length. 14. On or before November 10, 2000, the parties entered into a verbal contract whereby the Defendant agreed to, in a timely fashion, winterize the Plaintiff's boat which is a necessary service for such boats to protect the engine on the craft from freezing damage. In return, the Plaintiff agreed to deliver the boat to the Defendant's business premises and pay for the winterization when it was completed. 15. The parties had entered into other similar contractual agreements for service work in the past. 16. The Plaintiff completed all of his duties and obligations pursuant to the parties' oral agreement and delivered the boat to the Defendant's business premises on November 10, 2000. There was no freezing damage to the boat motor when it was dropped off. 17. The Defendant materially breached the parties' verbal contract to winterize the 1973 Avenger jet boat by failing to winterize the boat promptly so as to avoid damage caused by freezing temperatures. 18. The very reason that the beat was taken to the Defendant for service was to avoid the damage which was actually sustained to the boat motor. As such, the Defendant's breach of contract goes to the very essence of the parties' agreement. 19. As a proximate result of the Defendant's breach of contract, the Plaintiff sustained damages in the amount of $4, 662.28. VVHEREFORE, Plaintiff respectfully Defendant in the amount of $4,662.28. length. requests that judgment be entered against the COUNT III - Unfair Trade Practices and Consumer Protection La'.'.- 20. Plaintiff hereby incorporates the allegations in Paragraphs 1-19 as if set forth at 21. Notwithstanding the fact that the Defendant did not promptly winterize the Plaintiff's boat, the Defendant performed needless service work, billed the Plaintiff for said work and then wrote a disclaimer on the invoice stating that the damage was the Plaintiff's responsibility and was incurred pdor to the boat having been dropped off on the Defendant's premises. A copy of the invoice is attached hereto and marked Exhibit "A." 22. The Defendant made the Plaintiff pay for the needless service work before he would release the boat to the Plaintiff. 23. The Defendant made matedal misrepresentations in conjunction with this transaction including: a. that the boat was dropped off after the first freeze; b. that the boat was dropped off on November 17, 2000; c. that the boat motor was damaged before it was brought to the Defendant's premises; d. that the Defendant was not responsible for the engine and pump freezing. 24. Each of these misrepresentations was made with knowledge of the true facts of the matter and in an attempt to avoid responsibility for the damage to the boat motor. 25. The Defendant's misrepresentations, disclaimer of responsibility and billing for unnecessary services constitutes violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. 4 WHEREFORE, Plaintiff respectfully requests that judgment be entered in his favor for treble damages, counsel fees and costs as may be determined by the Court. Respectfully submitted, DATE: [ ',,3,/~/o ~ THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Plaintiff :143950.1 Exhibit A ~=z o~ rtl yERIFICATION I, lAN SMITH, have read the foregoing COMPLAINT which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of 18 Pa~C.S.A. § 4904 relating to unswom falsification to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. DATE: :10850.1 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 Attorney for Defendant IAN SMITH, Plaintiff WAYNE B. FENICLE, trading as and doing business as WAYNE'S JET SHOP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6898 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: IAN SMITH, Plaintiff THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire P.O. Box 999 305 North Front Street Harrisburg, PA 17108-0999 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. DATE: December 31, 2001 PA ID # 62469 Attorney for Defendant Wayne's Jet Shop 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechaniosburg, PA 17055 PA ID NO. 62469 717-697-7050 Attorney for Defendant IAN SMITH, Plaintiff WAYNE B. FENICLE, trading as and doing business as WAYNE'S JET SHOP, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-6898 Civil Term : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT WAYNE'S JET SHOP TO PLAINTIFF'S COMPLAINT Defendant, Wayne B. Fenicle, trading and doing business as Wayne's Jet Shop, by and through counsel of Andrew C. Sheely, Esquire, hereby files these Preliminary Objections pursuant to Pa. R.C.P. No. 1028 (a) to the Complaint filed by Plaintiff, and respectfully states as follows: 1. Plaintiffs commenced the above-captioned matter on or about December 5, 2001. 2. Defendant Wayne B. Fenicle, trading and doing business as Wayne's Jet Shop, was served with a true and correct copy of the complaint on or about December 12, 2001. I. PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER PURSUANT TO 3. Paragraphs at length. Pa.R.C.P. 102S(a)(4) 1 - 2 are incorporated herein as if set forth 4. Count III of Plaintiff's Complaint is captioned Unfair Trade Practices. 5. The underlying source of Plaintiff's claims arise from an alleged bailment involving a recreational boat and a commercial business relationship between Plaintiff and Defendant. 6. The allegations of Plaintiff's Complaint fail to meet the threshold definitions of "trade", "commerce", "unfair methods of competition" or "unfair or deceptive acts or practices" as such are defined by the applicable statute, namely 73 P.S. 201-2, et seq., more commonly referred to as the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law. 7. Plaintiff is not a person who is entitled to bring a private cause of action under any provision of the Unfair Trade Practices and Consumer Protection Law. 8. The alleged services in the underlying Complaint are not services protected by the Unfair Trade Practices and Consumer Protection Law. 9. No cause of action exists based upon the allegations in the underlying complaint for violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Defendant Wayne B. Fenicle, trading and doing business as Wayne's Jet Shop, respectfully requests that this Honorable Court dismiss Count III of Plaintiff,s Complaint, or in the alternative, require that Plaintiff file an amended pleading to set forth sufficient factual averments which would support the theory of liability as sought in Count III of Plaintiffs' Complaint. II. PBELIMINABY OBJECTION IN THE NATURE OF MOTION TO STRIKE FOR LACK OF CONFORMITY TO LAW OR RULE OF COURT PURSUANT TO Pa.R.C.P. 1028¢a)(2) 10. Paragraphs 1 - 9 are incorporated herein as if set forth at length. 11. Paragraph 21 of Plaintiff's Complaint references a certain exhibit attached to Plaintiff's Complaint as Exhibit "A". 12. Plaintiff's Complaint inappropriately attempts to introduce evidentiary documents which are not admissions or statements of fact which support any written agreement of either party or in support of Plaintiff's claim for breach of a bailment agreement. 13. Exhibit "A" attached to Plaintiff's Complaint is not an invoice prepared by Defendant but apparently evidence of alleged damages incurred by Plaintiff. WHEREFORE, Defendant Wayne B. Fenicle, trading and doing business as Wayne's Jet Shop, respectfully requests that this Honorable Court direct Plaintiffs to file an amended pleading, or in the alternative, strike the evidentiary exhibit in its entirety from the Complaint. Date: December 31, 2001 Respectfully submitted, Attorney for Defendant Wayne B. Fenicle, trading and doing business as Wayne's Jet Shop 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) 4 VERIFICATION I verify that the statements made in these Preliminary Objections are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: December 31, 2001 a~ B. Fenicle, trading as and doing business as Wayne's Jet Shop Follmer Excavating, Inc. CERtiFICAtE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Defendant's Preliminary Objections to Plaintiff's Complaint upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire P.O. Box 999 305 North Front Street Harrisburg, PA 17108-0999 Date: December 31 , 2001 ~n~e~ C Sheeny, E~ THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Plaintiff lAN SMITH, Plaintiff WAYNE B. FINNICLE t/d/b/a WAYNE'S JET SHOP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6898 CIVIL ACTION - LAW PLAINTIFF'S RESPONSE TO PRELIMINARY OBJECTIONS OF DEFENDANT AND NOW, comes the Plaintiff, lan Smith, and responds to Defendant's Preliminary Objections as follows: 1. Admitted. 2. Admitted. I. PRELIMINARY OBJECTIONS IN THE NATURE OF A DEMURRER PURSUANT TO PA.R.C.P. t028(a~{4} 3. Plaintiff hereby incorporates his answers to Paragraphs 1 and 2 above as if fully set forth herein. 4. Admitted. 5. Admitted with qualification. The claim arises from a consumer transaction wherein the Plaintiff contracted with the Defendant to perform certain services on his boat. 6. Denied. The allegations in the Complaint fall directly within the definitions of "trade", "commerce" and "unfair or deceptive acts or practices." 7. Denied. Private actions are expressly permitted pursuant to 73 P.S. § 201-9.2. 8. Denied. The services set forth in Plaintiffs Complaint and the conduct of the Defendant in regard to the transaction with the Plaintiff are expressly protected by the Unfair Trade Practices and Consumer Protection Law. 9. Denied. WHEREFORE, Plaintiff respectfully requests that Defendant's Preliminary Objection in the Nature of a Demurrer to Count III of the Complaint be overruled. II. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO STRIKE FOR LACK OF CONFORMITY TO LAW OR RULE OF COURT PURSUANT TO PA.R.C.P. t028(a)(2) 10. Plaintiff hereby incorporates his answers to Paragraphs 1 and 9 above as if fully set forth herein. 11. Admitted, except that the wrong invoice was inadvertently attached to the Complaint as Exhibit "A". The correct invoice is attached hereto as Exhibit "A." 12. Denied. Plaintiff's counsel simply made a mistake in attaching the wrong invoice to the Complaint. 13. Admitted. By way of further answer, the correct invoice has been substituted by Praecipe mooting this Preliminary Objection. VVHEREFORE, Plaintiff respectfully requests that the Defendant's Preliminary Objection in the Nature of a Motion to Strike be overruled for mootness. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By:. ~---~ (~ Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Plaintiff DATE: CERTIFICATE OF SERVICE I, Kevin C. McNamam, Esquire, hereby certify that I have served a true and correct copy of the foregoing RESPONSE TO PRELIMINARY OBJECTIONS on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 DATE: /'~/0 :153644.1 Kevin C. McNamara, Esquire THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Plaintiff lAN SMITH, Plaintiff WAYNE B. FINNICLE t/d/b/a WAYNE'S JET SHOP Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6898 CIVIL ACTION - LAW PLAINTIFF'S PRAECIPE TO SUBSTITUTE EXHIBIT "A" TO PLAINTIFF'S COMPLAINT Please replace Exhibit "A" attached to Plaintiff's Complaint filed on December 5, 2001, with the Exhibit UA" which is attached hereto. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP / I. D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 DATE: I//-//(~,.~ Attorneys for Plaintiff fl[: Z 0 z~ CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing PRAEClPE on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 DATE:~//4?///~2 THOMAS, THOMAS & HAFER, LLP By: ,~' ~' ~ ~/'Y'~ (''/' Kevin C. McNemara, Esquire : 153722.1 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) IAN SMITH (Plaintiff) VS. WAYNE B. FENICLE, t/d/b/a WAYNE'S JET SHOP (Defendant) No. 01-6898 Civil Action 2002 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Case Disposition 2. Identify counsel who will argue case: (a) for plaintiff: Address: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front St., P.O. Box 999 Harrisburg, PA 17108-0999 (b) for defendant: Andrew C. Sheely, Esquire Address: 127 South Market Street, P.O. Box 95 Mechanicsburg, PA 17055 o I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Dated: February 26, 2002 Attorney for Plaintiff Ian Smith :159774 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) IAN SMITH (Plaintiff) VS. WAYNE B. FENICLE, t/d/b/a WAYNE'S JET SHOP (Defendant) No. 01-6898 Civil Action 2002 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Preliminary Objections. Identify counsel who will argue case: (a) for plaintiff: Address: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front St., P.O. Box 999 Harrisburg, PA 17108-0999 o Dated: (b) for defendant: Address: Andrew C. Sheely, Esquire IL.~, ~k~ Street, P.O. Box 95 Mechanicsburg, PA 17055 ' I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: October 15, 2002 January 8, 2003. Attorney for Plaintiff lan Smith : 159774,2 CERTIFICATE OF SERVICE I, Peggy M. Dugas, Paralegal, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing a copy of the same in the United States mail, first class mail, directed to his office address as follows: Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 DATE: THOMAS, THOMAS & HAFER, LLP :186412.1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Plaintiff lAN SMITH, Plaintiff Vo WAYNE B. FINNICLE t/d/b/a WAYNE'S JET SHOP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA NO. 01-6898 CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANT 26. The Plaintiff hereby incorporates the allegations in Paragraphs 1 through 25 of the Complaint as if set forth at length. 27. Denied as stated. Although the Defendant may have had no knowledge as to when Mr. Smith intended to drop off the boatlfor.wk~terization, the Defendant certainly knew that the boat was going to be dropped off to be winterized and it was the Defendant's regular practice to conduct business in this fashion. The fact that the Defendant was not apparently paying attention to the fact that Mr. Smith and perhaps others were dropping off boats on the Defendant's business premises for necessary service is indicative of the Defendant's lack of care. 28. Denied pursuant to Pa.R.C.P. 1029(e). By way of further answer, as of the filing of the Defendant's Answer with New Matter, the Defendant does not even know whether this is true. 29-31. Denied pursuant to Pa.R.C.P. 1029(e). 32. Denied. These allegations represent conclusions of law to which no response is required. 33. Denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Plaintiff respectfully requests that the Defendant's New Matter be dismissed. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Plaintiff 215068-1 2 VERIFICATION I, lan Smith, have read the foregoing ANSWER TO NEW MATTER which has been drafted by my counsel. The factual statements contained therein are known by me and are true and correct to the best of my knowledge, information and belief. This statement and verification is made subject to the penalties of. 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities, which provides that, if I knowingly make false averments, I may be subject to criminal penalties. DATE: CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing ANSWER TO NEW MATTER on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 THOMAS, THOMAS & HAFER, LLP / Kevin C. McNamara, Esquire DATE: //~/~ ~ THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Plaintiff laN SMITH, Plaintiff WAYNE B. FINNICLE t/d/b/a WAYNE'S JET SHOP, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6898 CIVIL ACTION - LAW PRAEClPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the docket in the above-captioned matter as discontinued with prejudice as to Defendant. DATE: Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing PRAECIPE TO DISCONTINUE on the following persons by placing a copy of the same in the United States mail, first class mail, directed to their office addresses as follows: Andrew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 DATE: ~-(~.(;:~' 03 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire