The URL can be used to link to this page

Home My WebLink About06-5473 IN THE COURT OF COMMON PLEAS, BERKS COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No. Ol. - S"7~ vs. ARBITRATION JASON E. BROWNA WELL and JOHN DOE, Defendants. COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set 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. LA WYER REFERRAL SERVICE Berks County Bar Association 544-546 Court Street Reading, P A 19603 (610) 375-4591 C'. u.L ~ ~"'\. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No. (}(,-0473 ~ T:- vs. JASON E. BROWNA WELL and JOHN DOE, ARBITRATION Defendants. COMPLAINT 1. This is an action by Plaintiff, PPL Electric Utilities Corp. to recover damages from Defendant arising out of a vehicular collision which caused damage to property owned by Plaintiff. 2. PPL Electric Utilities Corp., is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with a principal place of business at Two North Ninth Street, Allentown, P A 19101. 3. Defendant, JOHN DOE is an adult individual whose address is unknown. 4. Defendant, JASON BROWNA WELL is an adult individual residing at 75 Bonnybrook Road, Carlisle, P A 17013. 5. At all times relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNT I PPL ELECTRIC UTILITIES CORP. VS. JOE DOE 6. Defendant, JOHN DOE, while operating a vehicle and collided with and damaged property owned by Plaintiff. 7. Defendant negligently operated the vehicle in that he: a) operated said vehicle at an excessive rate of speed under the circumstances; b) failed to have said vehicle under proper and adequate control; c) failing to keep a proper lookout; d) Operating said vehicle in a reckless and careless manner. 8. Defendant struck and damaged a utility pole owned and operated by PPL ELECTRIC UTILITIES CORP., at the vicinity of 145 Appalachian Drive, Silver Spring Township, Cumberland County, on or about September 21,2004. 9. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 10. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of $8,730.97, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $8,730.97, including costs, prejudgment and post judgment interest, and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORP. VS. JASON BROWNA WELL 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. Defendant, JASON E. BROWNAWELL was the owner of the vehicle that hit the active utility pole. 14. Defendant, JASON E. BROWNA WELL is vicariously responsible for the actions of JOHN DOE. 15. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 16. Plaintiffs property damage is in the amount of$8,730.97. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $8,730.97, including costs, prejudgment and post judgment interest, and delay damages as the law may allow. COUNT III PUNITIVE DAMAGES 17. The allegations contained in Paragraphs 1 through 16 above are incorporated by reference as if fully set forth. 18. Defendant left the scene of the accident without calling 911 to report the incident to the proper authorities. 19. Defendants' actions in risking a catastrophe as described herein are such as to be so far beyond accepted construction practices and standards as to be outrageous, reckless, and grossly indifferent to the rights and interests of Plaintiff and others, and this conduct warrants the imposition of punitive damages. WHEREFORE, PlaintiffPPL ELECTRIC UTILITIES CORP. demands judgment against the Defendants in an amount in excess of $15,000.00 including costs, prejudgment and post judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, By: Antho y P zyw P.O. 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney LD. 23754 SSOCIA TES DATED: September 13,2006 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., verify that I am the attorney for Plaintiff, in the within case; that the appropriate officers of the plaintiff are not available within the time for serving the foregoing to provide their verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon the company's business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Consol. Stat. Ann. S 4904 relating to unsworn falsification to authorities. Dated: September 13,2006 (J ~ ~ ;c) fI1 ~ t V'\ vt -~-' .,......., -- 0 , - ~ ~ ~ , '& -~j --- if' ,-;,J ~ lI'l E - ~- --- 0' r- ~~ ~~ (..":> ~-~, .\ -- ...~ -'.~ '-' ..... DOUGLAS LAW OFFICE 27 W. HIGH ST. POD 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILliAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 PPL Electric Utilities Corp. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 06 - 5473 Civil Term Jason E. Brownawell and John Doe Defendants Civil action law Jury Trial Demanded Preliminary Objections Pursuant to Pa.R.C.P. 1019 1. The allegation contained in Counts One, Two and Three of the Plaintiff's complaint asserts no factual allegations which would support a cause of action against a viable defendant and is legally insufficient as a matter of law. 2. Pa. R.CP. 1019 specifically requires that the Defendants plead the specific and material facts upon which their cause of action is based which the plaintiff has failed to do. Wherefore it is prayed that this honorable Court strike and dismiss the plaintiff's complaint. October 11, 2006 , Respectfull submitted, wL ~, William P. Douglas, Attorney for Defendant Jason E. Browna YOU ARE HEREBY REQUIRED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED WITHIN lWENTY (20) DAYS FROM SERV'Ce HEREOF OR A JUDG~ T MAY ENTeRS) AGAfNS1 . BY . AFFIDA VIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: October 11, 2006 p 1'-..) C~) (,::~~.1- er- a C) (J --n -! 0' N en .. .. KRZYWICKI & ASSOCIATES By: Anthony P. Krzywicki, Esq. Identification #23754 P.O. Box 505 New Hope, P A 18938 (215) 862-4390 IN THE COURT OF COMMON PLEAS OF BERKS COUNTY. PENNSYLVANIA PPL ELECTRIC UTILTIES CORP.. Plaintiff, Civil Action Number: 06-5473 vs. JASON E. BROWNA WELL and JOHN DOE, Defendants. PLAINTIFF PPL CORPORATION'S FIRST REQUEST FOR ADMISSIONS DIRECTED TO DEFENDANTS Pursuant to the Pennsylvania Rules of Civil Procedure, Plaintiff hereby serves the following set of Requests for Admissions to be answered separately by the Defendants. Definitions 1. The words "you" and "your" mean each Defendant or person(s) acting or purporting to act on his or its behalf. 2. The words "person" and "persons" mean all entities. but not limiting the generality of the foregoing all individuals, associations, companies, partnerships, joint ventures, corporations. trusts. estates. public agencies, departments, bureaus. and boards. 3. The words "identity" and "identity," when used with respect to an individual, mean to state the full name and present or last known address of each person, the present or last known position and business affiliation and all positions and business affiliates at all times during the period of this request. When used with respect to a corporation, "identify" or "identity" mean to state the corporation's full name. date and state of incorporation, and ... the address of its principal place of business. When used with respect to an individual, "identifY" or "identity" mean to state full name and last known address. Instructions I. All information is to be divulged which is in the possession of the defendant, hislher attorney or fonner attorneys, investigators, agents, employees, or other representative of the plaintiff or her attorneys. 2. These requests are intended as continuing reqwnng that they be supplemented within 30 days with such information within their scope as may be acquired following your original answers by you, your agents, attorneys, or representatives. 3. Pursuant to Rules 4014 & 4019 of the Pennsylvania Rules of Civil Procedure, plaintiff hereby requests that defendant admit or deny, for the purposes of this action only, the truth of the following matters. If you deny any of the matters set forth below, you shall set forth in detail the reasons why you cannot fully admit the matter. If, in good faith, you qualifY any answer or deny any part of a matter of which an admission is requested, you shall specifY so much of it as is true and qualifY or deny the remainder. Pursuant to Pa R.c.P. 4014(b), verified answers must be served on the plaintiff within thirty (30) days after service hereof or the matters contained herein shall be deemed admitted. Requests 1. On or about September 21, 2004, you pennitted Bobby to operate your white Chevrolet Nova. 2. On other occasions during 2003 and 2004, you pennitted Bobby to operate your vehicle. 3 . You operated your white Chevrolet Nova during 2004 without automobile insurance. 4. When you were interviewed by the Police, you infonned them that you would be contacting Bobby, the individual whom you thought took your white Chevrolet Nova on or about September 21,2004. 2004. 5. Your vehicle was impounded by the Police on or about September 21, 6. You were the driver of the vehicle involved in the accident on or about September 21, 2004, and which is the subject of this litigation. Dated: October 23, 2006 UTILTIES CORP. CERTIFICATE OF SERVICE I certify that on this date I served a copy of the foregoing Requests for Admissions by depositing a true copy of same in a depository under the exclusive care and custody of the United States Postal Service, via first class mail, and in a prepaid envelope addressed as follows: William P. Douglas, Esq. DOUGLAS LAW OFFICE 27 W. High Street P.O. Box 261 Carlisle, Pennsylvania, 17013-0261 BY: ASSOCIATES Dated: October 23, 2006 Q L. ;:_1'"' ~ c:::> C1"' Q ~ 1'.) 0' -0 :l' ~ ~-n f1'~ _0\->1 :'J.9 ':A ~;J :":"'7"'" ') . Cc en , ) ~:.\ ''1.~ ,,:.0 :.:..::. - en ('0 KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esq. P.D. Box 505 New Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney ID. 23754 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No. 2006-05473 vs. JASON E. BROWNA WELL and JOHN DOE, ARBITRATION Defendants. PRAECIPE TO AMEND COMPLAINT TO THE PROTHONOTARY: Kindly amend the complaint in the above-captioned Civil Action. DATED: October 23, 2006 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No. 2006-05473 vs. JASON E. BROWNA WELL and JOHN DOE, ARBITRATION Defendants. AMENDED COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set 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 TIDS 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. PLEASE GIVE THIS PAPER TO YOUR INSURANCE CARRIER. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013-3387 (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA PPL ELECTRIC UTILITIES CORP., Plaintiff, Civil Action - In Law No. 2006-05473 vs. JASON E. BROWNA WELL and JOHN DOE, ARBITRATION Defendants. AMENDED COMPLAINT 1. This is an action by Plaintiff, PPL ELECTRIC UTIL TIIES CORP. to recover damages from Defendants arising out of a vehicular collision which caused damage to property owned by Plaintiff. 2. PPL ELECTRIC UTILITIES CORP. is a Pennsylvania corporation duly organized and existing and licensed to do business as a public utility under the laws of the Commonwealth of Pennsylvania with its principal place of business at Two North Ninth Street, Allentown, Pennsylvania, 19101. 3. Defendant, JOHN DOE, is an adult individual whose whereabouts are presently unknown. 4. Defendant, JASON BROWNA WELL is an adult individual residing at 83 East Main Street, Apt. 2, Newville, Pennsylvania, 17241. . 5. At all times relevant hereto, Plaintiff was engaged in the business of producing, furnishing, supplying and distributing utility service to persons and businesses who requested utility service in accordance with the Rate Schedules and General Rules and Regulations of Plaintiffs Tariff presently on file with the Public Utility Commission. COUNT I PPL ELECTRIC UTILITIES CORP. VS. JOE DOE 6. Defendant, JOHN DOE, while operating a vehicle and collided with and damaged property owned by Plaintiff. 7. Defendant negligently operated the vehicle in that he: a) operated said vehicle at an excessive rate of speed under the circumstances; b) failed to have said vehicle under proper and adequate control; c) failing to keep a proper lookout; d) Operating said vehicle in a reckless and careless manner. 8. Defendant struck and damaged a utility pole owned and operated by PPL ELECTRIC UTILITIES CORP., at the vicinity of 145 Appalachian Drive, Silver Spring Township, Cumberland County, Pennsylvani~ on or about September 21,2004. 9. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 10. Plaintiff made demand on Defendant to repay the sums then due and owing to Plaintiff, but Defendant has refused to pay Plaintiff. 11. Plaintiff has been damaged in the amount of $8,730.97, including costs and attorneys fees. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $8,730.97, including costs, prejudgment and post judgment interest, and delay damages as the law may allow. COUNT II PPL ELECTRIC UTILITIES CORPo VS. JASON BROWNA WELL 12. Paragraphs 1 through 11 are incorporated as referenced as if fully set forth herein. 13. Defendant, JASON E. BROWNAWELL was the owner of the vehicle that hit the active utility pole. 14. Defendant, JASON E. BROWNA WELL is vicariously responsible for the actions of JOHN DOE. 15. Defendant JASON E. BROWNA WELL breached his duty to maintain automobile liability insurance by permitting JOHN DOE to operate an uninsured vehicle on a public street. 16. Defendant's actions or inaction as set forth above are the proximate cause of the damages as set for above and herein. 17. Plaintiffs property damage is in the amount of $8,730.97. WHEREFORE, Plaintiff, PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendant in an amount of $8,730.97, including costs, prejudgment and post judgment interest, and delay damages as the law may allow. COUNT III PUNITIVE DAMAGES 18. The allegations contained in Paragraphs 1 through 17 above are incorporated by reference as if fully set forth. 19. Defendant left the scene of the accident without calling 911 to report the incident to the proper authorities. 20. Defendants' actions in risking a catastrophe as described herein are such as to be so far beyond accepted construction practices and standards as to be outrageous, reckless, and grossly indifferent to the rights and interests of Plaintiff and others, and this conduct warrants the imposition of punitive damages. WHEREFORE, Plaintiff PPL ELECTRIC UTILITIES CORP. demands judgment against the Defendants in an amount in excess of $15,000.00 including costs, pre-judgment and post- judgment interest, punitive damages and delay damages as the law may allow. Respectfully submitted, KRZYWICKI & ASSOCIATES DATED: October 23,2006 tho P. . 0 ew Hope, PA 18938 (215) 862-4390 Attorney for Plaintiff Attorney J.D. 23754 VERIFICATION Pursuant to Rule 1024 (c), I, ANTHONY P. KRZYWICKI, ESQ., verify that I am the attorney for PPL ELECTRIC UTILTIES CORP. in the within case; that the Plaintiff is not available within the time for serving the foregoing to provide its Verification; that I am sufficiently familiar with the facts set forth in the foregoing Pleading to take this Verification; and that such facts are true and correct to the best of my knowledge, information and belief, based upon business records and matters of public record. I understand that the statements herein are made subject to the penalties of 18 Pa. Conso!. Stat. Ann. ~ 4904 relating to unsworn falsification to authorities. Dated: October 23,2006 o t;; ...,..~ 1~" C~~\ \ ' ".,/ --< ( }'J ~~~~" ' N C::.- c-;) cf' o ~2\ C,) o ,.~-.~ . "~~~ ;t~ _' >;J" (;;~ :.2. -Q ~ ~ 9.41 (nc: ~.~ c:; "_":3Y :'..;; {;~'~ ~,w .. <.'):'~;'., ~~t;'; 7;J :< tf! <:::1 0' ~ DOUGLAS LAW OFFICE 57 W. POMFRET ST. POD 161 CARLISLE PA 17013 TELEPHONE 717-243-1790 WIUlAM P. DOUGLAS, ESQ. Supreme Court 1.0.# 37926 PPL Electric Utilities COrp. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 06 - 5473 Civil Term Jason E. Brownawell and John Doe Defendants Civil action law Jury Trial Demanded Answer to Request for Admissions 1. Denied. The defendant Brownawell did not give permission to anyone named Bobby to operate the white Chevrolet Nova. 2. Denied. The defendant Brownawell did not give permission to anyone named Bobby to operate the white Chevrolet Nova. 3. Denied as stated. When the police called the residence of defendant Brownawell he informed them that the car was stolen and identified the person whom he believed stole the vehicle. 4. Admitted. 5. Denied. At the time of the accident the defendant Brownawell was at home in bed sleeping. November 8, 2006 Respe ~L~. William P. Dougla Esq. Attorney for Defendant Jason E. Brown ell "' AFFIDA VIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: November 8, 2006 ~ S(. l'..) c';:::::') (::.;.:'.) 0-' --"!-- 2.3 ...:::: w .1-':- o .J:;- '" DOUGLAS LAW OFFICE 27 W. mGH ST. POB 261 CARLISLE P A 17013 TELEPHONE 717.243-1790 WIlliAM P. OOUGLAS. ESQ. Supreme Court 1.D.# 37926 PPL Electric Utilities Corp. In the Court of Common Pleas of Plaintiff Cumberland County, Pennsylvania vs No. 06 - 5473 Civil Term Jason E. Brownawell and John Doe Defendants Civil action law Jury Trial Demanded Preliminary Objections Pursuant to Pa.R.C.P. 1019 1. The allegation contained in Counts One, Two and Three of the Plaintiff's complaint asserts no factual allegations which would support a cause of action against a viable defendant and is legally insufficient as a matter of law. 2. Pa. R.C.P. 1019 specifically requires that the Defendants plead the specific and material facts upon which their cause of action is based which the plaintiff has failed to do. 3. The plaintiff makes a claim for attorney fees which are not permitted in the Commonwealth of Pennsylvania unless provided for by statute or unless there is a pre-existing agreement to do so and therefore should be stricken. Wherefore it is prayed that this honorable Court strike and/or dismiss the plaintiff's complaint. November 27, 2006 "i AFFIDAVIT I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. Date: November 27, 2006 (') c: S -0 o::~ ~~~; en ,'-. 2e <::: -)::0 L-c, :;p. c': ~ f"'..;) = = 0" ~ < N \.D ~ ~:D :s~. ot\ ~:f1 Do ~(Tl ~ ~ ::P'" :It \.0 .. .r::- 0) SHERIFF'S RETURN - NOT FOUND 1 -;. CASE NO: 2006-05473 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS BROWNAWELL JASON E ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BROWNAWELL JASON E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , BROWNAWELL JASON E 75 BONNYBROOK ROAD CARLISLE, PA 17013 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. 6.00 4.40 5.00 10.00 .00 25.40V"'" 11\ l>1..1 Ok Y-- Sworn and Subscribed to before Sheriff's Costs: Docketing Service Not Found Surcharge So answers: County KRZYWICKI & ASSOCIATES 10/03/2006 me this day of A.D. \ SHERIFF'S RETURN - REGULAR -, CASE NO: 2006-05473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PPL ELECTRIC UTILITIES CORP VS BROWNAWELL JASON E ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROWNAWELL JASON E the DEFENDANT , at 1302:00 HOURS, on the 29th day of September, 2006 at 83 E MAIN STREET APT 2 NEWVILLE, PA 17241 by handing to JASON BROWNAWELL 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 Service Affidavit Surcharge 18.00 10.56 .00 10.00 .00 38.56,,/ hlo~Jolt ~ Subscibed to So Answers: .~~~ R. Thomas Kline 10/03/2006 KRZYWICKI & ASSOCIATES day Sworn and before me this of KRZYWICKI & ASSOCIATES Anthony P. Krzywicki, Esquire P.O. Box 505 New Hope, P A. 18938 (215)862-4390 Attorney for Plaintiff Attorney ID. 23754 COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA ------------------------------------------------------------------------J( PPL ELECTRIC UTILITIES CORP. Plaintiff Civil Action No. 2006-05473 vs. JASON E. BROWNAWELL and JOHN DOE, Defendant( s). ------------------------------------------------------------------------J( PRAECIPE TO SETTLE, DISCONTINUE, AND END TO THE PROTHONOTARY: Kindly mark this matter Settled, Discontinue, and End against the defendants, Jason E. Brownawell AND John Doe, without prejudice, upon payment of your cost only. BY: & ASSOCIATES DATED: February 9, 2007 g ~ ~ ~~, i li \% :, ~'g.......a..... ',' ~8 ~ .. ~c ~ ;;;;t' ~ ~ i