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Home My WebLink About11-8903.I KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com JAMES OTT, V. Plaintiff, FARR FAMILY TIRE & AUTO CENTER Defendant. FILED-OFFICE 0- -HE PROTHONOTARY 2011 DEC 28 PH 3* 42 CUMBERLAND COUNTY Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. /I- 9'103 (Civil Term) JURY TRIAL DEMANDED NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 (717) 249-3166 `i AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, [as demandas presentadas aqui en contra suya. Se la advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990. For more information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court of Common Pleas of Cumberland County. All arrangements must be made at least 72 hours prior to any hearings of business before the Court. You must attend the scheduled conference or hearing. KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com JAMES OTT, Plaintiff, V. FARR FAMILY TIRE & AUTO CENTER Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. (Civil Term) JURY TRIAL DEMANDED COMPLAINT AND NOW comes Plaintiff, James Ott, by and through his attorney, Hilary Vesell, Esq., and files this Complaint and in support thereof, avers the following: INTRODUCTION This is a civil action brought by Plaintiff, James Ott (hereinafter. "Plaintiff'), against Defendant Farr Family Tire & Auto Center for damages resulting from the actions, errors and omissions that said Defendant committed in attempting to repair the Plaintiffs automobile. PARTIES 1. Plaintiff James Ott is an adult individual residing at 30 Hazel Circle, Mechanicsburg, Cumberland County, Pennsylvania. Page 3 of 11 2. Defendant Farr Family Tire & Auto Center is an automobile repair shop that has a place of business located in Cumberland County, Pennsylvania and conducts business in Cumberland County, Pennsylvania. JURISDICTION AND VENUE 3. This action arises under the laws of the Commonwealth of Pennsylvania and is within the subject matter jurisdiction of this Honorable Court. 4. Venue is proper in the Court of Common Pleas for Cumberland County under Rules 1006(b) and 2179(a) of the Pennsylvania Rules of Civil Procedure, in that Defendant's place of business is located in Cumberland County. Furthermore, the incidents described in this Complaint took place at the Defendant's place of business located in Cumberland County. FACTS 5. On July 7, 2011, Mr. James Ott brought his 2005 Chevrolet Colorado to Farr Family Tire & Auto Center located at 3527 Hartzdale Drive in Camp Hill, PA to have the two front brakes replaced. (See Exhibit "A" consisting of the receipt). 6. The repair took a total of approximately eight (8) hours. 7. The next day on July 8, 2011, Mr. Ott brought his pick-up truck back to Farr Family Tire & Auto Center as the brake repair was now causing a sensor warning light in the automobile to be triggered as a result of the brake repair. (See Exhibit "B" consisting of the receipt). 8. This subsequent repair took a total of approximately three (3) hours. Page 4 of 11 9. Mr. Ott also brought his pick-up truck back to Farr Family Tire & Auto Center on July 11, 2011, as the truck was still not working correctly, as the brakes had not been properly repaired and additional damage had been done to the tire hubs from the brake repair, which was now triggering a warning light in the pick-up truck. 10. This time the pick-up truck was looked at for a total of approximately an hour. 11. On July 12, 2011, Mr. Ott, again, brought his 2005 Chevrolet Colorado back to Farr Family Tire & Auto Center as the necessary repairs still had not been completed. 12. On July 21, 2011, Mr. Ott brought his pick-up truck to Lawrence Chevrolet to correctly diagnosis the problem and prepare an estimate of the amount it would cost to fix the work done by Farr Family Tire & Auto Center as requested by Farr Family Tire & Auto Center. (See Exhibit "C" consisting of the receipt and estimate.) 13. It is believed and, therefore, averred that Farr Family Tire & Auto Center did not have the necessary skills and, as a result, was not capable of professionally replacing the brakes in Mr. Ott's 2005 Chevrolet Colorado. 14. At Lawrence Chevrolet, Mr. Ott was told that not only were the brakes replaced incorrectly by Farr Family Tire & Auto Center, but that additional damage was done to his truck during these repairs, in fact, causing the warning lights to be triggered in his automobile. COUNT I BREACH OF CONTRACT 15. The averments set forth in the preceding paragraphs are incorporated herein by reference as if fully set forth herein. Page 5 of 11 16. On or about July 7, 2011, as stated, Plaintiff entered into an agreement with Defendant in which said Defendant agreed to replace Plaintiff's brakes in his 2005 Chevrolet Colorado. 17. The Plaintiff paid approximately $390.08 to the Defendant as part of that agreement. 18. Defendant breached the agreement and has only provided, as a remedy, the willingness to continue to try to fix the brakes after a total of four (4) visits, thereby failing to provide adequate and effective remedial measures. 19. Defendant began work on Mr. Oft's truck knowing that they did not have the necessary expertise to fix the brakes on his 2005 Chevrolet Colorado. 20. As a direct and proximate result of Defendant's breach of the agreement, the Plaintiff has been damaged in an amount equal to approximately $2,000.00 due to the damage caused to his front brake hubs by Farr Family Tire & Auto Center. WHEREFORE, the Plaintiff demands judgment in his favor against Defendant in an amount in excess of $6,000.00, together with such further relief as the Court deems just and proper. COUNT II NEGLIGENT REPRESENTATION 21. The averments set forth in the preceding paragraphs are incorporated herein by reference. 22. Defendant made representations to Plaintiff that the Defendant was capable of successfully replacing the brakes in his 2005 Chevrolet Colorado. Page 6 of 11 23. These representations were material to the Plaintiff's decision to pay for and obtain the services of the Defendant in that the Plaintiff would not have retained the services of the Defendant had he known of Defendant's inability to fix the brakes in his automobile as set forth in the paragraphs above. 24. When these representations were made to Plaintiff, Defendant knew or had reason to know that they were not truthful and accurate. 25. These representations were made by Defendant with the intention of inducing Plaintiff into relying and acting upon them in that said Defendants intended to induce Plaintiff to pay for services that Defendant should have known the Defendant could not perform. 26. Plaintiffs damages were directly and proximately caused by Defendant's misrepresentations regarding their ability to successfully replace his brakes. 27. As a direct and proximate result of Defendant's misrepresentations, the Plaintiff has been damaged in an amount in excess of $2,000.00. WHEREFORE, the Plaintiff demands judgment in his favor against Defendant in an amount in excess of $6,000.00, together with such further relief as the Court deems just and proper. COUNT III VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 73 P.S. §201-1, et seq. 28. The averments set forth in the preceding paragraphs are incorporated herein by reference. Page 7 of 11 29. Defendant engaged in a series of unfair and deceptive acts and practices directed against the Plaintiff under Pennsylvania's Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-1, et seq. 30. These unfair and deceptive acts and representations are outlined in this Complaint's foregoing paragraphs, which are incorporated herein by reference. 31. Defendant concealed and failed to disclose the Defendant's lack of skill and inability to replace Plaintiff's brakes as set forth in the paragraphs above. 32. Defendant made these misrepresentations with the intention of inducing Plaintiff into relying upon them. 33. Plaintiff reasonably and justifiably relied on the misrepresentations made by Defendant who purported to be qualified in the field of auto repair and who agreed to replace plaintiffs brakes for approximately $343.38. 34. As a direct and proximate result of the Defendant's misrepresentations, the Plaintiff has been damaged in an amount equal to approximately $2,000.00. 35. The Plaintiff is entitled to treble damages' in the discretion of the Court under the Unfair Trade Practices and Consumer Protection Law, 73 P.S. §201-9.2, et seq., and this would be an appropriate case for the maximum damages allowed by law given the conduct of the Defendant. 36. Plaintiff is entitled to attorney fees and costs pursuant to 73 P.S. §201-9.2. ' Treble damages should be calculated on the approximately $2,000.00 worth of costs, charges, and damages, which was the amount Plaintiff lost on the initial breach. Page 8 of 11 WHEREFORE, Plaintiff demands that this Court enter judgment in his favor and against the Defendant in an amount equal to $6,000.002, together with compensatory damages, costs and such further relief as this Court may deem just and proper. COUNT IV WARRANTY OF MERCHANTABILITY 37. The averments set forth in the preceding paragraphs are incorporated herein by reference. 38. Defendant impliedly warranted that the brake repair to Plaintiff's automobile would be adequate, correctly, and safely done. 39. The brake repair to Plaintiff's automobile was not done adequately and competently, and, further, caused additional damage to Plaintiff's automobile; the Defendant thereby breached the foregoing warranty of merchantability. 40. As a direct and proximate result of Defendant's breach of the implied warranty of merchantability, the Plaintiff has been damaged. Plaintiffs damages include, but are not limited to: a. Loss of approximately $390.08 paid to Defendant for the work it failed to complete and completed inadequately; b. Loss of approximately $2000.00, which Plaintiff spent in an effort to diagnose the triggered safety light switch in his car, but also to remedy the damage to the improperly repaired brakes caused by the inadequate workmanship of the Defendant; 2 $2,000.00 x 3 = $6,000.00. Page 9 of 11 c. Continued expenditure of time; and d. Continued monetary loss spent in an ongoing effort to adequately replace the brakes and the consequential and incidental damage done to the Plaintiff's pick-up truck as a result of the work of the Defendant, attorneys' fees and costs, and the anticipated cost of securing an expert report. WHEREFORE, the Plaintiff demands judgment in his favor against Defendant in an amount to be determined, together with compensatory damages, costs, interest, and such further relief as the Court deems just and proper. CONCLUSION For the reasons set forth above, the Plaintiff prays that this Honorable Court enter judgment in favor of Plaintiff and against the Defendant on the foregoing Counts for the full amount of Plaintiffs damages as prayed for within each count plus costs, and attorney's fees, and grant such other and further relief as this Court may deem just and equitable. Respectfully Submitted, Date: col 1'*1 1' KOPE & ASSOCIATES, LLC Hilary Vesell, sq. Page 10 of 11 VERIFICATION I, JAMES OTT, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: J es Ott Page 11 of 11 FARR'FAMILY TIRE AND AUTO CENTERS Page 1 3537 HARTZDALE DRIVE Estimate Date: 07/07/11 13:49 CAMP HILL, PA 17011 Phone: 717-763-4199 Quote to : OTT JAMES 30 HAZEL CIRCLE MECEMICSBURG PA 17050 Phone: 717-691-1498 Year:2005 Make:CHEVROLET Model:COLORADO License:YSJ6608 Parts $ Labor Hrs NEW PREMIUM BRAKSS7943X 69.00 BACKING PLATE, -> R&R 2.0 NAPA PREMIUM ROTNB4880216 2.0@ 59.00= 118.00 2 Hrs @ $68.00 136.00 Parts Labor Sub Total Parts Tax Labor Tax Total $ r ar ??? ?L y r? I ??e 187.00 136.00 323.00 11.22 8.16 342.38 11 FARR FAMILY TIRE t4 AUTO CENTER 3537 HARTZDALE OR CAMP HILL, PA 17011 7177634199 Merchant ID: Term ID: Sale VISA XXXXXXXXXX M89 Entr-> ktlyod; 'wiped Wrvd; Online Batchq; 000139 07/07/11 17;44.24 Host Response: AUTH/TKT 017444 Invoice q; ONO08 Opr Code; 017444 Apriva Transaction a; 754 Total; 342,38 Customer Copy FARR FAMILY TIRE AND AUTO CENTER 3537 HARTZDALE DRIVE CAMP HILL, PA 17011 Bill To: OTT JIM 30 HAZEL CIRCLE MECHANICSBURG PA 17050 717-691-1498 2005 CHEVY COLORADO Description WHEEL SPEED SENSOR PA SALES TAX C Invoice Hours/Qty Total Invoice #: 11481 Invoice Date: 7/8/2011 Due Date: 7/8/2011 Project: P.O. Number: 1 Rate 45.00 6.00% Amount 45.OOT 2.70 $47.70 Payments/Credits $0.00 Balance Due $47.70 Law rence i OLET NO. JAMES OTT 30 HAZEL CIR MECHANICSBURG, PA 17050-3637 6445 Carlisle Pike Mechanicsburg, PA 17050 Phone (717) 766-0284 www.lawrencechevy.com 6RMT 11 TAG LABOf?E oo LICENSE NO. I MILEAG Pf5R/(°_''WI='V"LET TRUCK/COLORADO 7 1 3 6 5 5 8 2 2 FT. E. NO. IP.O. NO CASH () PERSONAL CHECK ( ) CK# ................. * COMP CK O #............ INS CK O #........... * VIS() AMEX ( ) DISC () a * CHARGE ( i? RECEIVED Y... ..... DATE.... .. YOU MAY RECEIVE A SURVEY FROM GENERAL MOTORS ** REGARDING THIS SERVICE VISIT. IF YOU CANNOT ** ANSWER "(X) COMPLETELY SATISFIED" TO AN QUESTION PLEASE CONTACT JIM BARBOR. I WILL BE HAPPY TO HELP ** ? ?L 4 b L/? TOTAL LABOR.... TOTAL PARTS.... TOTAL SUBLET... TOTAL G.O.G.... TOTAL MISC CHG. TOTAL MISC DISC TOTAL TAX..,... TOTAL INVOICE $ w0 IINV"U7721/11 CTCS'395440 ,8 0 NO. DISCLAIMER OF WARRANTIES 800 0.00 0. The only warranties, if any, applying to 0.00 the part(s) and/or service are those 0.00 offered by the manufacturer. The selling 0.00 dealer hereby expressly disclaims all 0.00 warranties, either expressed or implied, 5.16 including any implied warranties of 91.16 merchantability or fitness for a particular purpose, and neither assumes or autho- rizes any other person to assume for it any liability in connection with the sale of this part(s) and/or service. Buyer shall not be entitled to recover from the selling dealer any consequential damages, damages to property, damages for loss of use, loss of time, loss of profits or income, or any other incidental damages. PAGE 2 OF 2 CUSTOMER COPY [ END OF INVOICE I 10:29am n N n m a Q a S?jAJ' V&`- If your vehicle is looking a little under the weather, our Body Shop Professionals are ready to help, Come in for a free estimate on all major and minor repairs and keep your vehicle looking like newt Please call (717) 766-0284 for an appointment. SF640202 O I01107: WLEAGE'. I I MILEAGE OUT LAWRENCE CHEVROLET INC 6445 CARLISLE PIKE MECHANICSBURG, PA 17050 717-766-0284 Merchant I0: 7110019804 Term 10: 0519 Sale VISA xxxxxxX UH7889 Entry Method; Swiped Apprvd:Online Batch#:000009 07/2111 09:38:51 Inv#: 00395940 Appr Code: 010385 Total: $ 91.16 Cust.mer Cour THANK YOU FOR VISITING ?v • IPA i NO. Lawrence CHEVROLET JAMES OTT 30 HAZEL CIR MECHANICSBURG, PA 17050-3637 E. 6445 Carlisle Pike Mechanicsburg, PA 17050 Phone (717) 766-0284 www.lawrencechevy.com 11 TAU NU. WO 00 LICENSE NO. MILEAGE 115,81 fVWiET TRUCK/COLORADO/COLORAI 40D T 1 3 6 5 5 8 2 2 6 2 0 4 P O. NO. INVOIV7A?EGG21/ 11 WED E/ C DE?LIyVeFK66r_2{2 /0J roll / C, RNO. A.0 0'/21/11 .? . 95440 DISCLAIMER OF WARRANTIES LABOR J# 1 ----------------------------------------------------------------------------- 09CVZ BRAKES TECH(S):257 86.00 The only warranties, if any, applying to CUSTOMER STATES, ANTILOCK BRAKE LIGHT COMES ON, the part(s) and/or service are those FOUND PHYSICAL DAMAGE TO LEFT FRONT HUB WHICH WILL CAUSE offered by the manufacturer. The selling PROBLEMS WITH LEFT FRONT WHEEL SPEED SENSOR. CODE THAT IS dealer hereby expressly disclaims all BEING SET IS FOR THE RIGHT FRONT WHEEL BEARING AND SPEED warranties, either expressed or implied, SENSOR. WHICH WE WILL PROBABLY SEE PHYSICAL DAMAGE TO including any implied warranties of ONCE EVERYTHING IS DISASSEMBLED. THE COST OF REPLACING BOTH FRONT WHEEL HUBS AND WHEEL merchantability or fitness fora articular y p SPEEDS SENSORS IS $1340 PLUS TAX. ABOUT SIX HOURS OF purpose, and neither assumes orautho- LABOR AT $86 AN HOUR AND $824 IN PARTS FOR JOB. rizes any other person to assume for it any liability in connection with the sale of JOB# 1 TOTALS----•------. •----------------•---------•--••-----------°--•- this part(s) and/or service. Buyer shall not LABOR 86.00 be entitled to recover from the selling JOB# 1 JOURNAL PREFIX CTCS JOB# 1 TOTAL 86.00 dealer any consequential damages, JOB# 2 CHARGES ------------------------------------------------------------------------ --------- damages to property, damages for loss of use, loss of time, loss of profits or LABOR ----------------------------------------------------------------------------- J# 2+01CVZREC RECOMMENDATIONS. TECH(S):257 0.00 income, or any other incidental damages. RECOMMENDATIONS FOR SERVICES RECOMMEND A THERMOSTAT AND A COOLANT FLUSH TO FIX THE CHECK ENGINE LIGHT. THERMOSTAT IS $140 AND COOLANT FLUSH IS $140. COST TOGETHER IS $280 AFTER TAX # 2 TOTALS--------------------- ------ •-••----•--••---- JOB# 2 JOURNAL PREFIX CTCS JOB# 2 TOTAL 0.00 ---------------------- ......................................... -.......... HEREBY ACKNOWLEDGES RECEIVING ORIGINAL ESTIMATE OF $0.00 (+TAX) ---............. -...................................................... >•R a ?/ YT/ /` `, i J11- n r: y a A a If your vehicle is looking a little under the weather, our Body Shop Professionals are ready to help. Come in for a free estimate an all major and minor repairs and keep your vehicle looking like new! PAGE 1 OF 2 CUSTOMER COPY [CONTINUED ON NEXT PAGE] 10:29am Please call (717) 766-0284 for an appointment. SF640202 0 IDIM? MILEAGE IN I MILEAGE OUT SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor James Ott vs. Farr Family Tire & Auito Center 26 N4 l tt ,-?77 E`T Case Number 2011-8903 SHERIFF'S RETURN OF SERVICE 01/18/2012 01:02 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on January 18, 2012 at 1302 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Farr Family Tire & Auto Center, by making known unto Andy Nicarry, Owner of Farr Family Tire & Auto Center at 3537 Hartzdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. i AMAN A COBAUGH. DEPUTY SHERIFF COST: $43 44 January 20, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF t r. Craig A. Diehl, Esquire , I.D. No. 52801 t i r LAW OFFICES OF CRAIG A. DIEHL 3464 Trindle Road ?l.J ?@ER1..NKD Camp Hill, PA 17011 pwisy1 p't'llA Attorney for Defendant, Farr Family Tire & Auto Center JAMES OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-8903 FARR FAMILY TIRE & AUTO CENTER, Defendant : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Farr Family Tire & Auto Center, in the above-captioned action. Date: Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL By: Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717)763-7613 Fax: (717)763-8293 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, the 6th day of March, 2012, the undersigned hereby certifies that a true and correct copy of the foregoing Praecipe for Entry of Appearance was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Hilary Vesell, Esquire Kope & Associates, LLC 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 4 J"(a k?L r a A. Fike, Legal Secretary KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com OF (} OF THE P'RoTNONO T,' ry 7 2112 JUN 26 AM 10. .01 CUM NOCOUN7Y ?I.VANIA Attorney for Plaintiff JAMES OTT, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. FARR FAMILY TIRE & AUTO CENTER Defendant. NO. 2011-8903 (Civil Term) :JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE To the Office of Prothonotary: Please kindly discontinue the above-captioned action. Respectfully submitted, KOPE & ASSOCIATES By A/Y Hilary Ves , Esq. (Attorney for aintiff) KOPE & ASSOCIATES, LLC HILARY VESELL, ESQ. Attorney ID 308358 395 Saint Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 hvesell@kopelaw.com Attorney for Plaintiff JAMES OTT, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. FARR FAMILY TIRE & AUTO CENTER Defendant. NO. 2011-8903 (Civil Term) :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Hilary Vesell, Esquire, hereby certify that on June 22, 2012, 1 served a copy of the foregoing Praecipe to Discontinue by first class United States mail upon the following: Craig Diehl, Esquire 3461 Trindle Road Carlisle, PA 17013 KOPE & ASSOCIATES, LLC I mw(?.j Hilary esell sq. 395 St. Joh hurch Road Camp Hill, PA 17011 (717) 761-7573 I . D. 308358 (Attorney for Plaintiff)