The URL can be used to link to this page

Home My WebLink About05-3944IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHERINE ROSS-MARKLE, PLAINTIFF, C[V IL ACTION -LAW DAVID DREESE V. DEFENDANT. No: OS - 3 9yy JURY TRIAL DEMANDED NOTICE TO PLEAD NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you in the following pages, you must take action within twenty (20) days after this Complaint and Notices are served, by entering a written appeazance 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 defaultjudgment 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 THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. A VISO ~LUt~~ USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenerse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar compazecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados por el Demandante. Usted puede perder dinero, o propriedades o ottos derechos importantes paza usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME ALA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENDER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 M0106235.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEnnNNSYLCV~ANIA CATHERINE ROSS-MARKLE :NO: OS- 39vy (.;t~~~. lE2h.-~ Plaintiff DAVID DREESE VS :CIVIL ACTION Defendant :JURY TRIAL DEMANDED COMPLAINT AND COMES NOW, the Plaintiff, Catherine Ross-Markle, by her attorneys, Katherman, Briggs & Greenberg and Evan J. Kline, Esquire, and files the following Complaint: 1. Plaintiff, Catherine Ross-Markle, is an adult individual, residing at 40 Conewago Street, Box 82, Arendtsville, Adams County, Pennsylvania 17303. 2. Defendant, David Dreese, is an adult individual, residing at 61 Sharon Road, Enola, Cumberland County, Pennsylvania 17025. 3. The facts and occurrences hereinafter related took place on or about Mazch 13, 2004, on the property owned and occupied by David Dreese, 61 Sharon Road, Enola, Pennsylvania. 4. At all times material to the events mentioned herein, the Plaintiff, Catherine Ross- Markle, was an invited guest of the Defendant onto his property. 5. On the aforesaid date, the Plaintiff and Defendant were on a social outing together and Plaintiff had returned to the Defendant's residence at his invitation. 6. The Plaintiff and Defendant were relaxing in the Defendant's hot tub, which was located on the premises at 61 Sharon Road, Enola, Pennsylvania. 7. For unknown reasons, and to the total surprise of the Plaintiff, and without her M0105630.1 consent, the Defendant unexpectedly picked the Plaintiff up out of the hot tub and attempted to place her on the ]id to the hot tub, which he had earlier placed on the edge of the tub, leaving it unsecured and laying half on the tub and half off the tub. 8. The hot tub lid was not designed in such a way that it could safely be used for sitting upon. 9. As a result of being placed by the Defendant on the unsecured lid of the hot tub, the lid began to slide off the hot tub and Plaintiff slid with it, falling from the hot tub, slamming up against the brick wall of the Defendant's house, and landing on the ground. 10. Plaintiff s fall was the direct and proximate result of the Defendant picking her up, without prior knowledge or permission from the Plaintiff, and placing her on the unsecured lid atop the hot tub. 11. As a result of her fall, Plaintiff, sustained serious painful and disabling injuries, including injuries to her back, neck, head, arm, wrist and hand, soft tissue injuries, and various other ills and injuries. 12. As a result of the accident, Plaintiff incurred medical expenses in the treatment, medication and other miscellaneous expenses for her injuries and may continue to incur medical expenses in the future treatment of her injuries. 13. As a result of the accident, Plaintiff sustained or may sustain losses for which the following are legally recoverable categories of damages: a. Past and future pain and suffering; b. Past and future embarrassment, humiliation and mental anxiety; c. Past and future incidental costs; and M0105630.1 d. Past and future loss of life's enjoyment. 14. The aforesaid fall of the Plaintiff and the resulting injuries and damages were the direct and proximate result of the negligence, carelessness, and recklessness of the Defendant as identified hereinafter, consisting of the following: a, Allowing invitees, and the Plaintiff, specifically, to occupy an azea of the premises that was unreasonably dangerous and hazardous; b. Failing to maintain the hot tub and surrounding area in a manner that kept it reasonably safe for individuals invited onto the premises; c. Subjecting the Plaintiff to an unsafe condition by lifting her out of the tub and placing her atop the lid, which had not previously been secured, and using it for purposes for which it was not designed to be used; d. Allowing this unsafe environment at his premises, which was not readily visible to the Plaintiff; e. Failing to properly remove the lid from the hot tub and creating an unsafe environment for his invited guests, specifically, the Plaintiff; f. Failing to warn the Plaintiff of the aforesaid dangerous and hazardous condition on the premise, that being the hot tub and the lid, which had not been properly removed; g. Failing to eliminate the dangerous or hazardous condition on the premises, that being the hot tub and the lid; and h. Failing to prevent the Plaintiff from entering areas of the premises where dangerous or hazazdous conditions existed. 15. At all times material to the events mentioned herein, the Defendant was in M01 Oi630. ] possession, ownership, and control of the premises upon which the accident in this case occurred. 16. At all times material to the events mentioned herein, the Defendant was responsible for maintaining and securing the premises upon which the accident occurred in a safe manner. 17. At all times material to the events mentioned herein, the Plaintiff was an invited guest of the Defendant onto his property. 18. The Defendant knew, or through the exercise of reasonable diligence, should have known, of the dangerous or hazardous conditions of the premises, including the hot tub. 19. The negligence, cazelessness, and recklessness of the Defendant was the direct and proximate cause of the injuries and damages sustained by the Plaintiff. WHEREFORE, Plaintiff, Catherine Ross-Mazkle, demands judgment against the Defendant, for compensatory damages in an amount in excess of the applicable limits of arbitration, together with interest, costs of suit and delay damages. Respectfully sy mitted~ C(~ \ i i Evan J. ine squire Attorney for Plaintiff I.D. #70283 7 East Market Street York, PA 17401 (717)848-3838 Dated: ~~~~~ M0105630.7 V E R I F I CAT I O N I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of lII Pa. C.S. x4904, relating to unsworn falsification. to authorities. Pate : ~ 7 o~.~ ~~'r L„~.~, /,~..'\ eon ~~'~~l ~~-. t%~~~ (~ '~ W ~, ~ ~ ~ d --~ ~' " J ~ ,; ~ r' ~ ~ ~. ~ ~., ~: DSHB-00118 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL,PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, DAVID DREESE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Catherine Ross-Markle, Plaintiff vs. David Dreese, Defendant No.: 2005 :5944 Civil Term TRIAL DEMANDED OF TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, David Dreese. Respectfully submitted, LAW OFFICES F J OBS & ASSOCIATES i' By: JoAnne E. inzel, Esiluire Attorney for Defendant, David Dreese Identification No. 55453 Date: August 30, 2005 OSHB-00118 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, DA V f D DREESE Catherine Ross-Markee, Plainfiff vs. David Dreese, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No.: 2005-3944 Civil Term TRIAL DEMANDED JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, i David Dreese herein, and that she caused a true and correct copy of the attached Entry of ADOearance to be served by regular first class mail upon: Evan J. Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Date: AUQUSt 30, 2005 JoAnne E.1'f~dnzel, Esquire Attorney four Defendant, David Dreese c-> ~ r- O _, cn o -rl A (.a fi~ `_~ r, _;! -~ . _ ~, ~._, ' ' _.. -' C: W < l.a +i O tSJ ?~ o ->EIS-DO l l s LAW OFFICES OF JACOBS & ASSOCIATES 274 Senn e AvENUE, SuiTE 503 CAMP HR.1., PA 170ll TELEPHONE NLI~IBER: (717) 731-098$ ATTORNEY 6'OR DEFENDANT, DAVID DREESE IN THE COURT OF COMMON PLEAS Catherine Ross-Markle, P{aintiff VS. David Dreese, Defendant CUMBERLAND COUNTY, PENNSYLVANIA No.: 2005-3944 Civil Term Y TRIAL DEMANDED ANSWER WITH NEW MATTER OF llEFENDANT, llAVID llREESE, TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, David Dreese, by his attorney, JoAnne E. Kinzel, Esquire, and sets forth the following Answer to the Plaintiff's Complaint: 1. Upon information and belief, paragraph 1 of the Complaint is admitted. 2. Paragraph 2 of the Complaint is admitted. 3. Paragraph 3 of the Complaint is admitted to the extent that an accident occurred on Defendant's property on March 13, 2004. By way of further answer, Defendant specifically denies that the incident occurred as set forth in Plaintiff's Complaint. -_-_~,. 1. Paragraph 4 is admitted in that Plaintiff was a social guest on Defendant's property and was there by mutual consent. ~. Paragraph 5 of the Complaint is admitted. 6. Paragraph 6 of the Complaint is admitted to the extent that Plaintiff and Defendant were both in Defendant's hot tub. 7. The allegations in paragraph 7 of the Complaint are specifically and generally denied. 8. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 8 of the Complaint. Therefore, they are denied and strict proof is demanded. 9.- 10. The allegations in paragraph 9 and 10 of the Complaint are denied generally pursuant to Pa.R.C.P. §1029(e). 11.-13. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraphs 11, 12, and 13 of the Complaint. Therefore, they are denied and strict proof is demanded. 14. The allegations in paragraph 14 of the Complaint, including sub paragraphs (a) through (h), are specifically and generally denied. 15. l he allegations in paragraph IS of the Complaint are conclusions of law as to which no respousc is required. To the extent a response is deemed necessary, Defendant admits that he was the owner and resident of the property where the accident occurred. 16. The allegations in paragraph 16 of the Complaint are conclusions of law to which no response is required. To the extent that a response is deemed necessary, Defendant avers that the property was at all times maintained in a safe manner. 17, In response to paragraph 17 of the Complaint, Defendant admits that Plaintiff was a social guest at his home and was there by mutual consent of the parties. 18.-19. The allegations in paragraphs 18 and 19 of the Complaint are conclusions of law to which no response is required. To the extent that a response is deemed necessary, they are specifically and generally denied. WHEREFORE, Plaintiff s Complaint should be dismissed with costs in this Defendant's behalf sustained. NEW MATTER 20. Any injuries or damages allegedly suffered by the Plaintiff resulted from her ~ own negligence in: (a) Attempting to exit the hot tub in an improper manner; (hl Attempting to sit on the hot tub cover when there were other areas within the hot tub specitically designed for sitting; (cj Failing to use the built-in steps to exit the hot hib: (d) Attempting to use the hoC tub cover for a purpose other than its intended use; (e) Failing to inspect the hot tub cover to see if it was safe for sitting; (f) Failing to inquire whether or not the hot tub cover was safe for sitting. 21. The Plaintiff's claims are circumscribed or barred by the doctrine of comparative negligence. 22. The Plaintiff s claims are barred by her voluntary assumption of a known or obvious risk of danger where the risk of harm was known or obvious to her. 23. The Plaintiff s claims are circumscribed or barred by the Joint Venture doctrine WHEREFORE, Plaintiff's Complaint should be dismissed with costs in the Defendant' behalf sustained. Respectfully submitted, LAW OFFICES OF JACOBS & ASSOCIATES By: \.. JoAnne E. nze , u~re Attorney or Defendant, David Dreese Identification No. 55453 ~ Date: September 2, 2005 OSHB-001 t 8 LAW OFFICES OF JACOBS & ASSOCIATES 214 SENAfE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NumsEe: (717)731-0988 ATTORNF.V FOR DEFENDANT, DAVIDDREESE IN THE COUR"f OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Catherine Ross-Markle, Plaintiff vs. David Dreese, Defendant No.: 2005-3944 Civil Term Y TRIAL DEMANDED TION I, David Dreese ,verify that the statements made in the foregoing Answer ~ New Matter of Defendant. David Dreese. to Plaintiff's Complaint which are within personal knowledge of the undersigned, are true and correct, and as to the facts based on information of others, the undersigned, after diligent inquiry, believe them to be true. , further, this Verification is signed on the recommendation of my attorneys, who advise me the allegations and language in this document are required legally to raise issues for resolu at trial, by the Court, or by continuing investigation and preparation for trial. I understand some of these allegations may prove inappropriate after investigation and trial preparation complete and I leave the determination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A §4904, relating to unsworn falsifications to authorities. g _3 0 ~ d ~ ~~.~ David Dreese OSH B-0011 A LAW OFFICES OF JACOBS & ASSOCIATES 214 SENATE AVENUE, Sarre: 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, DAVID DREESE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Catherine Ross-Markle, Plaintiff vs. David Dreese, Defendant No.: 2005-3944 Civil Tenn TRIAL DEMANDED TE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, David Dreese herein, and that she caused a true and correct copy of the attached Answer with New Matter of Defendant, David Dreese to Plaintiff's Complaint to be served by regular first class mail upon: Evan J. Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Date: September 2, 2005 J ne E. Kinzel, Esquire At rney for Defendant, David Dreese n> Ci _~ C7 aGi -i i n -a ~~ 1 - ' ~"i ~l r, ~; - - __ CA -: ?`-. -~~ __. :J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHERINE ROSS-MARKLE : NO: 2005 - 3944 Civil Term Plaintiff VS :CIVIL ACTION DAVID DREESE Defendant :JURY TRIAL DEMANDED REPLY TO NEW MATTER AND COMES NOW, the Plaintiff, Catherine Ross-Markle, by her attorneys, Katherman, Briggs & Greenberg and Evan J. Kline, Esquire, and files the following Reply To New Matter: 20. Denied. The averments of this paragraph aze conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this pazagraph are denied pursuant to Pa.R.Civ.P. 1029(e). By way of further answer, Plaintiff submits that she was not attempting to exit the hot tub in an improper manner, sit on the hot tub cover, nor use the hot tub for a purpose other than its intended use, but was, in fact, being lifted out of the hot tub and placed upon the cover, without her prior consent or permission, by the Defendant. 21. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph aze denied pursuant to Pa.R.Civ.P. 1029(e). 22. Denied. The averments of this pazagraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this pazagraph aze denied pursuant to Pa.RCiv.P. 1029(e). MO108773.1 23. Denied. The averments of this paragraph are conclusions of law to which no response is required and the same are therefore denied. To the extent that an answer is required, the averments of this paragraph are denied pursuant to Pa.R.Civ.P. 1029(e). WHEREFORE, Plaintiff respectfully requests the relief sought in her Complaint. Respectfully submitted, _ ~----- Evan J. Klin , squire Attorney for Plaintiff I.D.#70283 7 East Market Street York, PA 17401 (717) 848-3838 Dated: 9 ~ ! 5 ~ ~S -~ M0108773.1 V E R I F I CAT I O N I verify that the foregoing facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C,S. x4904, relating to unsworn falsification to authorities. Date: C- ~ //~j ~, ~/7 6 ~--- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHERINE ROSS-MARKLE : NO: 2005 - 3944 Civil Term Plaintiff VS :CIVIL ACTION DAVID DREESE Defendant :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 15"' day of September 2005, I hereby certify that Plaintiff s Reply To New Matter above-captioned was mailed by United States First Class mail, postage prepaid, to: JoAnne E. Kinzel, Esquire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 KATHERMAN, BRIGGS & GREENBERG, LLP BY~ ~ t r ~~ EVAN J. ,ESQUIRE Attorney I.D. No. 70283 7 East Market Street, York, PA 17401 (717)848-3838 Dated: September 15, 2005 M0109169.1 c~ c~ `~ ~ ~ - , ~ ~~ _, U;~'--~ ~' ~- '-~-r. . 7 ~~ ~i+' C. ., ~ W ~ ~ O SHERIFF'S RETURN - REGULAR CASE N0: 2005-03944 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROSS-MARKLE CATHERINE VS DREESE DAVID SASON MORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DREESE the DEFENDANT at 1920:00 HOURS, on the 8th day of Au~_, 2005 at 61 SHARON ROAD ENOLA, PA 17025 by handing to DAVID DREESE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 11.20 Affidavit .00 Surcharge 10.00 ~~ So Answers~Q~ rte!" .d~+I~'~ ine R. 39.20 08/09/2005 KATHERMAN BRIGGS & GREENBERG Sworn and Subscribed to before By: me this ~ day of L~ Proth no ary _ [~J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHERINE ROSS-MARKLE : NO: 2005 - 3944 Civil Term Plaintiff VS :CIVIL ACTION DAVID DREESE Defendant :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 16~' day of November 2005, I hereby certify that Plaintiff s Interrogatories For Answer by Defendant and Plaintiff s Request For Production of Documents above-captioned was mailed by United States First Class mail, postage prepaid, to: JoAnne E. Kinzel, Esquire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 KATHERMAN, BRIGGS & GREENBERG, LLP By~ r V EVAN J. ,ESQUIRE Attorney I.D. No. 70283 7 East Market Street, York, PA 17401 (7171848-3838 Dated: November 16, 2005 M0109169.I ~.J 1. ~ r"J /~ ~+~ ~Sl ~ .n V \'. 1\ ":\ CFJ ~ ' .~ i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CATHERINE ROSS-MARKLE : NO: 2005 - 3944 Civil Term Plaintiff VS :CIVIL ACTION DAVID DREESE Defendant :JURY TRIAL DEMANDED CERTIFICATE OF SERVICE f S~` AND NOW, this ~ day of December 2005, I hereby certify that Plaintiff s Answers To Interrogatories and Plaintiff s Response to Request For Production of Documents above- captioned were mailed by United States First Class mail, postage prepaid, to: JoAnne E. Kinzel, Esquire 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 KATHERMAN, BRIGGS & GREENBERG, LLP By: ~., EVAN J. KLYN~!ESQUIRE Attorney I.D. No. 70283 7 East Market Street, York, PA 17401 (717) 848-3838 i S~ Dated: December 8r, 2005 M01091621 _> i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Catherine Ross-Markle, CIVIL ACTION -LAW Plaintiff v NO. OS-3944 David Dreese, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that I have this date served a copy of the foregoing NOTICE OP DEPOSITION as set forth below by first class United States postage: JoAnne E. Kinzel, Esquire Snyder & Dorer 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Date: January I1, 2006 KATHERMAN, BRIGGS & GREENBERG By: L_ -~~ --_ Evan J. Ktin~e,~squire Attorney for Plaintiff Supreme Court I.D. #70283 7 East 'Market Street York, PA 17401 (717) 848-3838 M0116180.1 ~ < - ._... ._ r !' ! j Ci; OSHB-00118 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Catherine Ross-Maxkle, ase No.: 2005-3944 Civil Term Plaintiff vs. RY TRIAL DEMANDED David Dreese, Defendant PRAECIPE TO ETTLE, DISCONTINUE AND ND TO THE PROTHONOTARY: Please mark the above-captioned case settled, discontinued and ended. Date: ( ~' v ~ ~ By: Evan J. ~ e, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Attorney far Plaintiff Court LD. '7 Da83 OSHB-00118 LAW OFFICE OF SNYDER & DORER 214 SENATE AVENUE, SUITE 503 CAMP HILL, PA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEY FOR DEFENDANT, DAVID DREESE Catherine Ross-Markle, Plaintiff vs. David Dreese, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 2005-3944 Civil Term Y TRIAL DEMANDED TE OF JoAnne E. Kinzel, Esquire, hereby certifies that she is the attorney for the Defendant, David Dreese herein, and that she caused a true and correct copy of the attached Praecipe to Settle. Discontinue and End to be served by regular first class mail upon: Evan J. Kline, Esquire Katherman, Briggs & Greenberg 7 East Market Street York, PA 17401 Date: Apri123, 2007 C JoA nzel, Esquire Attorney r Defendant, David Dreese Q Q ~ 1 ~ ; t*J r7 ' ~ •-r C , ,.~._ -s^. ~ '~ ~ ~`'" ~ ~~i N ~+ ~J