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Home My WebLink About99-07529 I ,ii y FAr l: t U, i !• v£ } y i ?' t + +c+F7 rY ??"'YYY+++ H7 r.ur'?ac i ;z w,r L. J. t ! ''. ?tlTlva ?? ?. f' 1 120 Wertzville Road Enola, PA 17025 Plaintiff V. Michael Scott Wagner, Jr. 42 East Altoona Avenue Enola, PA 17025, a Minor, And Gabriel Cortez 114 E. Cumberland Road Enola, PA 17025, a Minor, Defendants Court of Common Pleas Cumberland County, Pennsylvania Civil Action - Law , Term -1999 No. 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 Complaint and Notice are served, by entering a written appearance personally or by an attorney and file 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 judgement may be entered against you by the Court without further notice for any money claimed in the Petition 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 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 CUMBERLAND COUNTY LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Telephone (717) 766.8475 NOTICA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abcgado y archivar en la torte en forma escrita sus defensas o sus objections a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notification y por cudquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVEESTADEMANDAAUNABOGADOIMMEDIATEMENTE. SINOTIENE ABOGODO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRTTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3166 CUMBERLAND COUNTY LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 Telephone (717) 766-8475 ZEIGLER & ZIMMERMAN, P.C. By: B ARA A Z RMAN, ESQUIRE I. D. No. 50572 355 N. 21st Street, Suite 201 P. O. Box 1080 Camp Hill, PA 17011 (717) 731-1484 DATE: December 13, 1999 120 Wertzville Road Enola, PA 17025 Plaintiff V. Michael Scott Wagner, Jr. 42 East Altoona Avenue Enola, PA 17025, a Minor, and Gabriel Cortez 114 E. Cumberland Road Enola, PA 17025, a Minor, Defendants Court of Common Pleas Cumberland County, Pennsylvania Civil Action - Law Term -1999 No. 9 i • ---7 C'«?P 7.-P-- jury Trial Demanded COMPLAINT AND NOW, comes the Plaintiff, George J. Miller, Jr., by his attorneys, ZEIGLER & ZIMMERMAN, P.C., to file the within Complaint against Defendants Michael Scott Wagner, Jr., a Minor, and Gabriel Cortez, a Minor, and aver in support thereof as follows: I. NATURE OF ACTION 1. This is an action for damages arising out of willful and malicious misconduct and negligence of the Defendants, Michael Scott Wagner, Jr., a Minor, and Gabriel Cortez, a Minor, which was the sole and proximate cause of a fire and resultant damages to Plaintiff s property, St. Matthews Church in Enola. II. JURISDICTION AND VENUE 2. Jurisdiction of this court is invoked under the authorities and principles contained in 42 Pa. C.S. §5322. 3. Venue is properly situated in this Court under Pennsylvania Rules of Civil Procedure 1006(a) and the authority contained therein. III. PARTIES 4. The Plaintiff, George J. Miller, Jr., is an adult individual residing at 120 Wertzville Road, Enola, Pennsylvania, 17025. 5. The Defendant, Michael Scott Wagner, Jr., is a minor individual residing at 42 East Altoona, Enola, Pennsylvania, 17025. 6. The Defendant, Gabriel Cortez, is a minor individual residing at 114 East Cumberland, Enola, Pennsylvania, 17025. IV. FACTUAL BACKGROUND 7. On or about April 15, 1998, the Plaintiff, George J. Miller, Jr., was and at all times mentioned herein is, the sole owner in fee and in sole possession of a certain lot or piece of ground situate in Cumberland County and bounded as follows: ALL THAT CERTAIN lot or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a survey and plan prepared by Roy M. H. Benjamin, Registered Engineer, of Harrisburg, Pennsylvania, dated August 18, 1965, as follows, to wit: BEGINNING at a point on the eastern line of Altoona Avenue, said point being seventy (70) feet in a southerly direction from the southeast comer of the intersection of Altoona Avenue and Perry Street; thence North 79 degrees 40 minutes East, One Hundred Twenty-Five (125) feet to a point, thence South 10 degrees 20 minutes East, Fifty (50) feet to a point; thence through the center of a partition wall separating the premises No. 40 and No. 42 Altoona Avenue, South 79 degrees 40 minutes West, One Hundred Twenty-Five (125) feet to a point on the eastern line of Altoona Avenue; thence along the eastern ®1.__. __ .._.... i I? line of Altoona Avenue, North 10 degrees 20 minutes West, Fifty (50) feet to a point, the place of BEGINNING. (See Exhibit A "Deed" attached hereto). 8. St. Matthews Church in Enola, Pennsylvania, a building, is located on the property described in paragraph 7. 9. On or about April 15, 1998, the Defendants, Michael Scott Wagner, Jr., a Minor, and Gabriel Cortez, a Minor, with force and arms, and without Plaintiff s permission, entered the Plaintiff s property and disturbed, injured, spoiled property and possessions to St. Matthews Church in Enola, Pennsylvania, by breaking and/or setting fire to the same. 10. At the aforementioned time and place, the Defendants' negligence, carelessness, recklessness, maliciousness and willful misconduct was the sole cause of the above-mentioned fire which resulted in damage to Plaintiff s property as set forth below. 11. As a result thereof, Plaintiff sustained property damage to the interior and exterior walls, partitions, ceilings, floors, brickwork, plaster, roof, stained glass windows, kitchen, piano, organ, pastor's hymnal and pulpit, altar, heating and electrical system, so that Plaintiff will be obliged to expend in excess of an estimated $377,055 in order to make the necessary repairs, which stun represents the fair and reasonable price for repairs of this nature and kind. (See Exhibit "B" attached hereto) 12. The damage sustained to Plaintiff s property and building was caused by negligence, carelessness, recklessness, maliciousness and willful misconduct of the Defendants, consisting of the following; a. Willfully and maliciously venturing onto Plaintiff s property without Plaintiffs permission; b. Negligently, carelessly, recklessly, maliciously and willfully mishandling fire and accompanying flammable materials; C. Negligently, carelessly, recklessly, maliciously and willfully damaging and destroying property and possessions on Plaintiff s property; d. Failing to exercise proper caution when handling fire and accompanying flammable materials. 13. As a result of the negligence, carelessness, recklessness, maliciousness and willful misconduct of the Defendants, the Plaintiffs property sustained damages in an amount in excess of $377,055. WHEREFORE, the Plaintiff, George J. Miller, Jr., demands judgment against the Defendants, Michael Scott Wagner, Jr., a Minor, and Gabriel Cortez, a Minor, in an amount in excess of $377,000 plus interests and costs, together with whatever other monetary damages the Court deems proper. Respectfully submitted, ZEIGLER & ZIMMERMAN, P.C. By: ARBARA A. Z RMAN, ESQUIRE I. D. No. 50572 355 N. 21st Street, Suite 201 P. O. Box 1080 Camp Hill, PA 17011 (717) 731-1484 DATE: December 13, 1999 VERIFICATION I, George J. Miller, Jr., hereby acknowledge that I am the Plaintiff in this action and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. r- By: l L`? C-6 t. Linda Cohen, Power of Attorney for George J. Miller, Jr. DATE: September 24, 1999 CERTIFICATE OF SERVICE I, Barbara A. Zimmerman, Esquire, of the law firm of Zeigler & Zimmerman, P.C., attorneys for the Plaintiff, George J. Miller, Jr., do hereby certify that on this day of , 1999, I served a true and correct copy of the foregoing Complaint upon the parties listed below by Sheriffs service or by depositing the same in the U.S. Mail, postage prepaid, as follows: SHERIFF'S SERVICE Michael Scott Wagner Lisa Mabius 42 East Altoona 114 East Cumberland Road Enola, PA 17025 Enola, PA 17025 U.S. MAIL- POSTAGE PREPAID Linda Cohen 541 West Cumberland Road Enola, PA 17025 ZEIGLER & ZIMMERMAN, P.C. By. aJM4 d BARBARA A. Z RMAN, ESQUIRE I. D. No. 50572 355 N. 21st Street, Suite 201 P. O. Box 1080 Camp Hill, PA 17011 (717) 731-1484 DATE: December 13, 1999 J Y Cl I _ ? C " •V t ` 1? O cli r > C y .Z O G C O C Ql = ? ,Q 1 ?`r o O? Vi m Z .0 7 ^ E .-U O U C `J !7 1 u? - ;tj cz? m n m F v 3 O U N ri n? LL O P o° °o m • m o c n o N George J. Miller, Jr., Plaintiff V. Michael Scott Wagner, Jr., and Gabriel Cortez, Defendants TO: George J Miller, Jr. Michael Scott Wagner, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7529 CIVIL 1999 JURY TRIAL DEMANDED NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant Cortez (sic) Cortes George J. Miller, Jr., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Michael Scott Wagner, Jr., and NO. 7529 CIVIL 1999 Gabriel Cortez, Defendants JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND NOW, comes defendant Gabriel Cortez, by and through his guardian, Lisa Mabius, and his attorney, Karl E. Rominger, Esquire, to file an Answer with New Matter, and avers in support the following: A statement of the nature of the action and appears to be a summary of a legal conclusion. Therefore it requires no answer. By way of further answer, it is denied that defendant Cortez was the proximate cause or cause in fact and is in no way responsible for the damages plaintiff alleges to have suffered and strict proof of the same will be demanded at trial. 2. Conclusion of law and requires no answer. 3. Conclusion of law and requires no answer. 4. Admitted. 5. At this time defendant Cortez is without sufficient information or knowledge to confirm or verify the allegation of this paragraph. Strict proof of the same will be demanded at trial. 6. Admitted. c3, 7. 8. 9. 10. 11. 12. At this time, defendant Cortez is without adequate information to determine whether or not plaintiff George J. Miller, Jr., is in fact the owner of the property in question. By way of further answer, whether or not lie owns the property is a legal conclusion and requires no answer. Admitted. Denied. Strict proof of the same will be demanded at trial. Conclusion of law and requires no answer. By way of further answer, it is denied and strict proof of the same will be demanded at trial. At this time, defendant Cortez is without information to either admit or deny this paragraph. Therefore, strict proof of all the damages alleged will be demanded at trial. By way of further answer, defendant Cortez believes that the structure was already in terrible state of disrepair and that many of these conditions complained of existed prior to the date in question. Conclusion of law and requires no answer. a. Denied. By way of further answer, a mixed pleading of fact and law. The portion which states a conclusion of law requires no answer and the portion which states a question of fact is denied. b. Denied. By way of further answer, a mixed pleading of fact and law. The portion which states a conclusion of law requires no answer and the portion which states a question of fact is denied. C. Denied. By way of further answer, a mixed pleading of fact and law. The l it portion which states a conclusion of law requires no answer and the portion which states a question of fact is denied. Denied. By way of further answer, a mixed pleading of fact and law. The portion which states a conclusion of law requires no answer and the portion which states a question of fact is denied. 13. At this time, defendant Cortez is unable to ascertain information sufficient to either admit or deny this averment. By way of further answer, strict proof of all damages will be demanded at trial. NEW MATTER 14. The Plaintiffs claims are barred by the applicable statute of limitations. 15. Plaintiff has failed to state a claim against the answering defendant upon which relief can be granted. 16. The alleged negligence of answering defendant being specifically and unequivocally denied, was not the proximate cause of the alleged injuries to the Plaintiff. 17. The alleged incident and injuries to the Plaintiff, if any, were proximately caused by parties other than the answering defendant, including both parties and non-parties to this litigation, over which the answering defendant had no control or right to control. 18. Plaintiff at all times materially hereto was guilty of contributory negligence, such negligence being the proximate cause of the fire, the incident, and the injuries to plaintiff and plaintiffs property and chattel; therefore, plaintiffs claim is barred or in the alternative diminished in accordance with the Pennsylvania Comparative Negligence Act, 42 Pa. C.S.A. § 7102. 19. At all times material hereto, answering defendant acted reasonably, properly, and prudently and at no time was negligent. 20. At all times material hereto, answering defendant acted reasonably, properly, and prudently and did not act intentionally or recklessly. 21. In the alternative, if any responsibility on the part of the answering defendant is found to exist, the same being specifically and unequivocally denied, such negligence, reckless or willful conduct was not the proximate cause of plaintiff's injuries. 22. Plaintiff's injuries, if any, the same being specifically and unequivocally denied, were the sole and proximate result of the then existing conditions of the property, and not related in any manner whatsoever to any act or omission of the answering defendant. 23. It is believed, and therefore averred, that discovery will show that the plaintiff voluntarily assumed a known risk, thereby barring recovery, by the operation of the doctrine of Assumption of Risk, insomuch that plaintiff's abandoned property was a fire hazard and in imminent risk of being burnt or damaged by result of fire, incendiary or otherwise or by other means. 24. Even if the answering defendant was present on the property at any time prior to the harm alleged, he was not a trespasser as to the property because the plaintiff had long since abandoned the property and/or not acted to exclude children, derelicts or other people form coming and going on or about the property. 25. Plaintiff was contributorily negligent in that including but not limited to the following: a. Plaintiff allowed its property, if any, to fall into abandonment. b. Plaintiff did not seek to exclude passers by, vagrants, people, children, or others from the property. C. Plaintiff knew the property was being used by the aforementioned various and sundry people for purposes legitimate, illegitimate, and otherwise. d. The structure was not equipped to prevent the spread of the fire nor maintained in a manner intended to do so. e. The property was maintained in a manner so as to create an unreasonable risk of fire, incendiary or otherwise. f. The property was maintained and left open as an attractive nuisance and it was foreseeable that children could and would enter and possibly cause damage thereto. g. The plaintiff and/or the plaintiff's agents did not regularly patrol, supervise, or maintain the property. h. The plaintiff or the plaintiffs agents did not clean the property in question and allowed it to fall into a state of terrible disrepair, causing and creating conditions whereby fire would be conveyed rapidly throughout the building and cause damages in ways a properly cleaned and maintained structure would not. WHEREFORE, the answering defendant respectfully requests thatjudgment be entered in his favor and against plaintiff and that answering defendant be awarded appropriate costs and fees. Respectfully submitted, -? - '? J- Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID # 81924 Attorney for Defendant Cortez VERIFICATION I, Lisa Mabius, guardian for Gabriel Cortez, hereby verify that the statements made in the Answer and New Matter are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Date: 3-0 4"0, [ Lisa Mabius, Guardian for Gabriel Cortez ?'t '!r 01 CERTIFICATE OF SERVICE. I, Karl E. Rominger, Esquire, attorney for Gabriel Cortez, do hereby certify that 1 this day served a copy of the Answer with New Matter upon the following by depositing same in the United States Mail, certified mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael Scott Wagner, Jr. 42 East Altoona Avenue Enola, PA 17025 Dated.3 _2 e - 6 G Karl E. Rominger, Esquire Attorney for Defendant Gabriel Cortez CERTIFICATE. OF SERVICE 1, Karl E. Rominger, Esquire, attorney for Gabriel Cortez, do hereby certify that I this day served a copy of the Answer ivith New Mailer upon the following by depositing same in the United States Mail, certified mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Barbara A. Zimmerman, Esq ZEIGLER & ZIMMERMAN, P.C. P. 0. Box 1080 Camp Hill, PA 17011 Dated: ?)- 2,f- - o ° Karl E. Rominger, Esquire Attorney for Defendant Gabriel Cortez SHERIFF'S RETURN - REGULAR CASE NO: 1999-07529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLER GEORGE J JR VS WAGNER MICHAEL SCOTT JR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT was served upon CORTEZ GABRIEL MINOR the DEFENDANT at 0014:21 HOURS, on the 10th day of January , 2000 at 26 STEPHEN ROAD APT C-1 CAMP HILL, PA 17011 by handing to THOMAS MABIUS (STEPFATHER) a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.92 Affidavit .00 Surcharge 8.00 .00 23.92 Sworn and Subscribed to before me this S day of /u,??....?...J.. /-7 0ry A. D. C So Answers: R. Thomas Kline 01/11/2000 ZEIGLER & ZIMMER AN By: Deputy eriff - rothonotary ,y SHERIFF'S RETURN - REGULAR CASE NO: 1999-07529 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILLER GEORGE J JR VS WAGNER MICHAEL SCOTT JR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & COMPLAINT was served upon the WAGNER MICHAEL SCOTT JR MINOR DEFENDANT , at 0019:45 HOURS, on the 6th day of January , 2000 at 42 EAST ALTOONA AVENUE ENOLA, PA 17025 by handing to MICHAEL WAGNER, SR. a true and attested copy of NOTICE & COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 8.00 .00 35.92 Sworn and Subscribed to before me this ;? S'eday of Giro A. D. So Answers: R. Thomas &line 01/11/2000 ZEIGLER & ZIM ERMAN By: Deputy eriff rothonotary George J. Miller, Jr. 120 Wertsville Road Enola, PA 17025 Plaintiff V. Michael Scott Wagner, Jr. 42 East Altoona Avenue Enola, PA 17025, a Minor And Gabriel Cortez 114 E. Cumberland Road Enola, PA 17025, a Minor, Defendants Court of Common Pleas Cumberland County, Pennsylvania Civil Action - Law No. 99.7529 Jury Trial Demanded PRAECIPE FOR DEFAULT JUDGEMENT TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against the Defendant, Michael Scott Wagner, above-named for want of an answer, and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint .................................. $ 377,000.00 Interest from December 13, 1999 to December 20, 2000........... $ n/a TOTAL .................................................................. $ 377,000.00 It is certified that a written notice of intention to file this praecipe was mailed (delivered) to the defendant against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least 10 days prior to the date of the filing of this praecipe. :2 G 13 rbara A. Zimmero n, Esquire Attorney for Plainti DATE: December 20, 2000 Judgment entered and damages assessed as above. l/ a?o? 2 Prothonotary CERTIFICATE OF SERVICE I, Barbara A. Zimmerman, Esquire, of the law firm of Zeigler & Zimmerman, P.C., attorneys for the Plaintiff, George J. Miller, Jr., do hereby certify that on this day, December 20, 2000, 1 served a true and correct copy of the foregoing Praecipe for Default Judgment upon the parties listed below by depositing the same in the U.S. Mail, postage prepaid, as follows: U.S. Mail - Postaqe Preoaid Michael Scott Wagner, Jr. Linda Cohen 42 East Altoona Avenue 541 West Cumberland Road Enola, PA 17025 Enola, PA 17025 Karl E. Rominger, Esquire Rominger Law Offices 155 South Hanover Street Carlisle, PA 17013 ZEIGLER & ZIMMERMAN, P.C. By: j?(GirlYli?it B/ RBARA A. ZIMA RMAN, ESQUIRE I. D. No. 50572 (T 355 N. 21st Street, Suite 201 P. O. Box 1080 Camp Hill, PA 17011 (717) 731-1484 DATE: December 20, 2000 a a r x W 1 r George J. Miller, Jr. 120 Wertsville Road Enola, PA 17025 Plaintiff V. Michael Scott Wagner, Jr. 42 East Altoona Avenue Enola, PA 17025, a Minor, and Gabriel Cortez 114 E. Cumberland Road Enola, PA 17025, a Minor, Defendants Civil Action - Law Court of Common Pleas Cumberland County, Pennsylvania No. 99-7529 jury Trial Demanded IMPORTANT NOTICE TO: Michael Scott Wagner, Jr. 42 East Altoona Avenue Enola, PA 17025 DATE OF NOTICE: March 20, 2000 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ANSWER WITHIN TEN (10) FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. Lawyer Referral Service Cumberland County Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 766-8475 George J. Miller, Jr. 120 Wertsville Road Enola, PA 17025 Plaintiff V. Michael Scott Wagner, Jr. 42 East Altoona Avenue Enola, PA 17025, a Minor and Gabriel Cortez 114 E. Cumberland Road Enola, PA 17025, a Minor, Defendants Court of Common Pleas Cumberland County, Pennsylvania Civil Action - Law No. 99.7529 Jury Trial Demanded AVISO IMPORTANTE A: Michael Scott Wagner, Jr. 42 East Altoona Avenue Enola, PA 17025 FECHA DEL AVISO: March 20, 2000 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Lawyer Referral Service Cumberland County Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 766-8475 CERTIFICATE OF SERVICE I, Barbara A. Zimmerman, Esquire, of the law firm of Zeigler & Zimmerman, P.C., attorneys for the Plaintiff, George J. Miller, Jr., do hereby certify that on this day, March 20, 2000, I served a true and correct copy of the foregoing Complaint upon the parties listed below by Sheriff's service or by depositing the same in the U.S. Mail, postage prepaid, as follows: U.S. Mail - Postage Prepaid Michael Scott Wagner Linda Cohen 42 East Altoona 541 West Cumberland Road Enola, PA 17025 Enola, PA 17025 By: I " Yam BARBARA A. Z ERMAN, ESQUIRE I. D. No. 50572 355 N. 21st Street, Suite 201 P. O. Box 1080 Camp Hill, PA 17011 (717) 731-1484 ZEIGLER & ZIMMERMAN, P.C. DATE: March 20, 2000 -? J U ? r 2 J 4