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HomeMy WebLinkAbout08-01450 ! '. WILLIAM & JOAN KRASEVIC, 1'041 EdUXLrd Dr Plaintiff, l" lealw , PA 11050 V. JACOB & MARY SCHMIDT, Defendant. ()S- 14-11- Civ< l Te-- , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CV-0000652-07 CIVIL ACTION - LAW PRAECIPE FOR LIS PENDENS To the Prothonotary: Please index the above-captioned action of ejectment as a lis pendens against the following real property: 10-19-1604-112, 6039 Edward Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 17050 I hereby certify that this action affects title to or other interest in the above-described real property. Date: January 9, 2008 Y? r UR, nan h, Es I.D. # 1632 & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, PA 17101 (717) 233-1000 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Elizabeth L. Farnsworth, an employee with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing Praeciue for Lis Pendens upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Jacob Schmidt 6039 Edward Drive Mechanicsburg, PA 17050 (Via 1 S` Class Mail and Certified Return Receipt 7155 5474 4100 4838 8130) Mary Schmidt 6039 Edward Drive Mechanicsburg, PA 17050 (Via 1" Class Mail and Certified Return Receipt 7155 5474 4100 4838 8123) John J. Donnelly Donnelly & Associates, P.C. 100 West Elm Street, Suite 101 Conshohocken, PA 19428 (Via 1" Class Mail) Date: January 9, 2008 'r 4 01 l)ffiizabiih L. F worth Paralegal C? 7 f?' ? ? O t ?7 S". 9-5 s + .[ ? 4 { I-C i T 00 ? O DONNELLY & ASSOCIATES, P.C. BY: ELIZABETH ANN FREY, ESQUIRE ATTORNEY I.D. #90084 BY: BRIAN C. LAWSER, ESQUIRE ATTORNEY I.D. #201115 One West First Avenue Suite 450 Conshohocken, PA 19428 (610) 828-2300 ATTORNEY FOR DEFENDANTS WILLIAM & JOAN KRASEVIC, Plaintiffs VS. JACOB & MARY SCHMIDT, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW CIVIL TERM No. 08-145 MOTION TO STRIKE LIS PENDENS Defendants, Jacob Schmidt and Mary Schmidt, by and through their counsel, Donnelly and Associates, P.C., hereby respectfully file this Motion to Strike Lis Pendens, and in support thereof rely upon the following: On or about September 26, 2007, Plaintiffs filed their Civil Complaint in District Court 09-3-04, said Complaint being docketed at number CV-0000652-07. A true and correct copy of Plaintiffs' Civil Complaint is attached hereto and incorporated herein as Exhibit "A." 2. The hearing in this matter is scheduled for January 22, 2008. 3. Plaintiffs' Complaint seeks judgment against Defendants in the amount of one thousand forty dollars ($1,040.00). 4. In their Complaint, Plaintiffs allege that due to the negligence of Defendants, the foundation of Plaintiffs' fence has become weakened and is in need of repair. 5. Plaintiffs allege that the cost of repairing the fence is one thousand forty dollars ($1,040.00). On or about January 9, 2008, Plaintiffs filed their Praecipe for Lis Pendens in the Cumberland County Court of Common Pleas, which was docketed at Civil Term number 08-145. A true and correct copy of Plaintiffs' Praecipe is attached hereto and incorporated herein as Exhibit "B." 6. The Praecipe requests that the Prothonotary index "the above captioned action [the District Court Complaint] of ejectment as a lis pendens" against Defendants' property. Counsel for Plaintiffs certified that "this action affects title to or other interest in the above-described real property." Contrary to the assertions of Plaintiffs and their counsel in the Praecipe, the instant action is not an action in ejectment. 9. Contrary to the assertions of Plaintiffs and their counsel in the Praecipe, the instant action does not affect title or any other interest in Defendants' property. 10. Lis Pendens has no application except in cases involving the adjudication of rights in a specific property. 11. A party is not entitled to have a case indexed as Lis Pendens unless title to real estate is involved in the litigation. 12. Plaintiffs' Complaint does not involve the adjudication of rights in Defendants' property and/or title thereto. 13. Plaintiffs are not entitled to have the case indexed as Lis Pendens in the instant matter. 14. Lis Pendens is subject to equitable principles, and, as such, the Court may cancel Lis Pendens if the equities indicate such action is required. 15. The equities in the instant matter indicate that cancellation of the Lis Pendens is required. WHEREFORE, Defendants request that this Honorable Court strike the Lis Pendens filed by Plaintiffs in the above captioned matter. Respectfully submitted, DONNELLY & ASSOCIATES, P.C. BY: 5;1-1' " 41? - - IZ ETH ANWFAEV, ES IRE B . LAWSER, ESQU Attorney for Defendants DONNELLY & ASSOCIATES, P.C. BY: ELIZABETH ANN FREY, ESQUIRE ATTORNEY I.D. #90084 BY: BRIAN C. LAWSER, ESQUIRE ATTORNEY I.D. #201115 One West First Avenue Suite 450 Conshohocken, PA 19428 (610) 828-2300 ATTORNEY FOR DEFENDANTS WILLIAM & JOAN KRASEVIC, Plaintiffs VS. JACOB & MARY SCHMIDT, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW CIVIL TERM No. 08-145 MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS, JACOB_ AND MARY SCHMIDT'S. MOTION TO STRIKE LIS PENDENS Defendants, Jacob Schmidt and Mary Schmidt, by and through their counsel, Donnelly and Associates, P.C., hereby respectfully file this Motion to Strike Lis Pendens, and in support thereof rely upon the following: FACTUAL AND PROCEDURAL BACKGROUND Plaintiffs and Defendants are neighbors, residing at 6041 Edward Drive, Mechanicsburg, PA 17050 and 6039 Edwards Drive, Mechanicsburg, PA 17050 respectively. The two properties are separated by a fence. On or about September 26, 2007, Plaintiffs filed their Civil Complaint in District Court 09-3-04, said Complaint being docketed at number CV-0000652-07. See Exhibit "A." A hearing is presently scheduled for January 22, 2008. In their Complaint, Plaintiffs allege that due to the negligence of Defendants, the foundation of Plaintiffs' fence has become weakened and is in need of repair. Id. Plaintiffs' Complaint seeks judgment against Defendants in the amount of one thousand forty dollars ($1,040.00). Id. Plaintiffs allege that the cost of repairing the fence is one thousand forty dollars ($1,040.00). Id. On or about January 9, 2008, Plaintiffs filed their Praecipe for Lis Pendens in the Cumberland County Court of Common Pleas, which was docketed at Civil Term number 08-145. See Exhibit "B." The Praecipe requests that the Prothonotary index "the above captioned action of ejectment as a lis pendens" against Defendants' property. Id. Counsel for Plaintiffs certified that "this action affects title to or other interest in the above-described real property." Id. ARGUMENT Plaintiff is not permitted to file the Lis Pendens in the instant matter. A Lis Pendens has been described by the Supreme Court of Pennsylvania as follows: A lis pendens is the jurisdiction, power, or control which courts acquire over property involved in a suit, pending the continuance of the action, and until its final judgment thereon. Bungar v. St. Michael's Greek Catholic Church, 272 Pa. 402, 116 A. 389 (1922). The existence of a lis pendens merely notifies third parties that any interest that may be acquired in the res pending the litigation will be subject to the result of the action and is not therefore an actual lien on the property. Dice v. Bender, 383 Pa. 94, 117 A.2d 725 (1955). U.S. National Bank in Johnstown v. Johnson, 487 A.2d 809 (Pa. 1985). When a Lis Pendens may be filed has also been the subject of numerous court opinions. In Psaki v. Ferrari, 546 A.2d 1127 (Pa. Super. 1988) the Superior Court made it clear that, "[l]is pendens has no application except in cases involving the adjudication of rights in specific property. Thus, a party is not entitled to have his case indexed as lis pendens unless title to real estate is involved in litigation." Psaki at 1128. In striking the Lis Pendens in Psaki, the court stated that, "[t]his real estate, moreover, was not at any relevant time the subject of an action to adjudicate rights of ownership therein. Therefore, the attempt to index a lis pendens against the real estate ..." was a nullity and subject to cancellation. Id. Initially, it should be noted that, despite the request that the Prothonotary index "the above captioned action of ejectment as a lis pendens" against Defendants' property, there is nothing in Plaintiffs' Complaint that amounts to an action of ejectment. Furthermore, if Defendants were to transfer title in their property, no "interest that may be acquired in the res pending the litigation will be subject to the result of the action." Plaintiffs in the instant matter have filed their Praecipe for Lis Pendens despite that fact that they are claiming solely monetary damages for the repair of a fence. See Exhibit "A." Counsel for Plaintiffs certified the Praecipe indicating that "this action affects title to or other interest in the above-described real property," however, nothing in Plaintiffs' Complaint raises any issue as to the title of Defendants' property, Plaintiffs' property, and/or ownership of that property. Id. Therefore, the Lis Pendens in this instant matter is a nullity and should be stricken by this Honorable Court. In Dice v. Bender, 117 A.2d 725(Pa. 1955) the Pennsylvania Supreme Court, after a brief restatement of the history of the doctrine of Lis Pendens stated as follows: In short, being a creature not of statute but of common law and equity jurisprudence, the doctrine of lis pendens is wholly subject to equitable principles. Thus, if a plaintiff were to delay unreasonably in the prosecution of his claim, or if the operation of the doctrine should prove to be harsh or arbitrary in particular instances, equity can and should refuse to give it effect, and, under its power to remove a cloud on title, can and should cancel a notice of lis pendens which might otherwise exist. Dice at 727. The Pennsylvania Supreme Court's decision in Dice was discussed and applied by the Superior Court in Flitter v. Chandor, 527 A.2d 1050 (Pa. Super. 1987). In Flitter, the Superior Court stated: Having determined that the doctrine was founded on a policy, rather than conceptual basis, the next logical step was to decree the use of equitable principles in the application of the rule? This point was reached in Dice v. Bender, 383 Pa. 94, 117 A.2d 725 (1955), wherein we held that the doctrine does not establish an actual lien on the affected property, but rather merely gives notice to third parties that any interest that may be acquired in the property pending the litigation will be subject to the result of the action. Further, in Dice, we laid to rest the argument that lis pendens is a statutory right and that the court lacks power to rescind its operation. Therein, we decided that the court may cancel lis pendens if the equities indicate such action. Flitter at 1052. In the instant matter, the operation of the doctrine of Lis Pendens is harsh and arbitrary. Plaintiffs are suing Defendants for monetary damages. Plaintiffs claim that the negligence of Defendants caused the foundation of Plaintiffs' fence to weaken; that the fence has become unstable as a result of Defendants' negligence; and that the fence needs to be repaired. See Exhibit "A." Plaintiffs are seeking judgment in an amount equal to the amount Plaintiffs claim is required to repair the fence. Id. Contrary to the assertions of Plaintiffs and their counsel in the Praecipe, the instant action does not affect title or any other interest in Defendants' property. Furthermore, contrary to the assertions of Plaintiffs and their counsel assertions, the instant action is not an action in ejectment. Black's defines "Ejectment" as "1. The ejection of an owner or occupier from property. 2. A legal action by which a person wrongfully ejected from property seeks to recover possession, damages, and costs. 3. The writ by which such an action is begun." Black's Law Dictionary (8th ed. 2004). Black's also notes that "The essential allegations in an action for ejectment are that (1) the plaintiff has title to the land, (2) the plaintiff has been wrongfully dispossessed or ousted, and (3) the plaintiff has suffered damages." Id. None of these allegations exist in the instant matter. To allow Plaintiffs to cloud the title to Defendants' property in an action for monetary damages to repair a fence would be inequitable. As the equities indicate that allowing the Lis Pendens to remain would be inequitable, this Honorable Court has the power and the duty to strike the Lis Pendens filed by Plaintiffs in the instant matter. CONCLUSION The Lis Pendens in the instant matter must be stricken. Plaintiffs Complaint seeks monetary damages from Defendants, and nothing else. There are no allegations regarding title to any property or any interest therein. The Lis Pendens is a nullity that can and should be stricken by this Honorable Court. Furthermore, it would be inequitable for Plaintiffs to be allowed to cloud the title to Defendants' property in the instant matter. For all of the above reasons, Defendants respectfully request that this Honorable Court strike the Lis Pendens in the instant matter. Respectfully submitted, DONNELLY & ASSOCIATES, P.C. BY: -A 'k, ELIZWTH ANNIFREY, EWWUIRE BRIAN C. LAWSER, ESQ ME Attorney for Defendants VERIFICATION I, ELIZABETH ANN FREY, ESQUIRE, attorney for Defendants, Jacob and Mary Schmidt, hereby state that the facts set forth in the foregoing Motion to Strike Lis Pendens and Memorandum of Law in support thereof are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. ttrZAIJ?V ANN F Y, E9(Xg(E A FROM : JERRY KELLEY AND SON FAX NO. 717-737-6159 Oct. 01 2007 01:55PM P3 COMMONWEALTH OF PENNSYLVANIA CIVIL. COMPLAINT : . rnl MI-rv nI`• emai r?'t?'-M M". Dnt. Ho.: 09-3-04 MDJk h.. H.. THON" A... PLAC= AWMI:,104 _ 9 $P01TX- XQ.' BILL •HD. xzCffA=CSSUBG, • PA. 17050 T (717) 761-8240 FIUN13 COSTS AMOUNT $ -- A AI POSTAGE $ '/ .lo SERVICE COSTS $ CONSTAR ED. $ • TOTAL $ . •Sa _ b PLAINTIFF: NAMP eiW ADDRESS rL?J?LIi•a?» d c?aJ 7?'/it?ut?uc? L pf J VS. DEFENDANT, NAME and ADDRESS r^ L ".1'e.wAd6v ? 17,0,1 0 J Docket No.: - ; Mob ID51-0q bete Filed: 0(._ tt31. y the prevailing party., TO THE -DEFENDANT., The above'named plaintiff(s) asks judgment against you for $ /,p fle" c u together with costs upon the following clairn`•(Civil fines must Inc)udsa. citation of fhe statute or ordinance violated): Due to the negligence of Jacob and Mary 5chrr?idt, undermining the ground at the base of our fence, they have caused the fence foundation to weaken and the fence has become unstable and in need of repair due to this negligence. On repwter! oocsions, we have requested the nelghbors, Jacob and Mary S&midt. to stop digging on or about the fence line, but they have Ignored our requests, The cost ?/. f of repairing the fence due to Jacob aW Mary Sdml $ negligence is 11040.00 plus costs. verify that the facts set •forth in this complaint are true and correct to the best of my knowledge,'information, and belief. This•stawment is -made-subject to tfie penalties of Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to u am faisificoon fo suth iities. .Contact: Phone No.: 6 97?????4r. ' •-- ( re or' prized Agenq Plalntitrs Atiomey: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD NOTIFY THIS OFFICE IMMEDIATELY AT THEABOVE TELEPHONE NUMBER: YOU MUST APPEAR AT THE HEARING AND P?IESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If ybu have a claim against the plaintiff which is within magisterial distrir i judoe juricrlh4Inn and whloh ynu intend to assert at the hearing, you must file It on a complaint format this otfioe at least five days before the date set for the hearing. If you are disabled and require a reasonable aCoornModation to gain access to the Magisterial District ; Court and its samloes. olease contact the magisterial District Court at the above address or taleahone number. We are unable to provide, transportation. PAGE 30' RCVDAT 1x11200712.08:17 PM [CMD Tlmel' $VR:ADDOI.XFXOIOW' DMS:57821' C$0:717 7376159 'DURATION (n ms):0146 ; ;, m n n r im ?, 8 0 o° q ? O ? m ?i ? R1 D, - t4 5 Civil Term WILLIAM & JOAN KRASEVIC, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. CV-0000652-07 JACOB & MARY SCHMIDT, CIVIL ACTION - LAW Defendant. -"D -. -1 - ? .J L J PRAECIPE FOR LIS PENDENS c' ±j 77 To the Prothonotary: L. F Please index the above-captioned action of ejectment as a lis pendens against the following real property: 10-19-1604-112, 6039 Edward Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 17050 I hereby certify that this action affects title to or other interest in the above-described real property. Date: January 9, 2008 By:'J John R. ttorn I.D. # 19632\,-,/ §kuldtos & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, PA 17101 (717) 233-1000 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Elizabeth L. Farnsworth, an employee with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing Praecipe for Lis Pendens upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Jacob Schmidt 6039 Edward Drive Mechanicsburg, PA 17050 (Via 1" Class Mail and Certified Return Receipt 7155 5474 4100 4838 8130) Mary Schmidt 6039 Edward Drive Mechanicsburg, PA 17050 (Via 1" Class Mail and Certified Return Receipt 7155 5474 4100 4838 8123) John J. Donnelly Donnelly & Associates, P.C. 100 West Elm Street, Suite 101 Conshohocken, PA 19428 (Via I" Class Mail) Date: January 9, 2008 Liza th L. F worth Paralegal DONNELLY & ASSOCIATES, P.C. BY: ELIZABETH ANN FREY, ESQUIRE ATTORNEY I.D. #90084 BY: BRIAN C. LAWSER, ESQUIRE ATTORNEY I.D. #201115 One West First Avenue Suite 450 Conshohocken, PA 19428 (610) 828-2300 WILLIAM & JOAN KRASEVIC, Plaintiffs VS. JACOB & MARY SCHMIDT, Defendants ATTORNEY FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW CIVIL TERM No. 08-145 CERTIFICATE OF SERVICE ELIZABETH ANN FREY, ESQUIRE, attorney for Defendants, Jacob and Mary Schmidt, hereby certifies that a true and correct copy of Defendants' Motion to Strike Lis Pendens and Memorandum of Law in support thereof was served upon all counsel of record by United States first class mail. DATE: By: L-EC24!AETH ANN FREY, tSQ?nfE BRIAN C. LAWSER, ES Attorney for Defendants DONNELLY & ASSOCIATES, P.C. BY: JOHN J. DONNELLY, ESQUIRE ATTORNEY I.D. #53898 One West First Avenue Suite 450 Conshohocken, PA 19428 (610) 828-2300 WILLIAM & JOAN KRASEVIC, Plaintiffs VS. JACOB & MARY SCHMIDT, Defendants ATTORNEY FOR DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW : CIVIL TERM No. 08-145 ENTRY OF APPEARANCE Kindly enter my appearance as attorney for the Defendant, Allstate Insurance Company , in the above-captioned Civil Action. DONNELLAY SSOC ES, P.C. By: HN J. D LLY, ESQUIRE Att r Defendants ? -? ?x? 'b `t?^`? t ? ' ^+ t?s LJ ? ... I _i ?? Y _. {:,:.?'? ? ..? ' ter WILLIAM & JOAN KRASEVIC, : IN THE COURT OF COMMON PLEAS OF PLAINTIFFS CUMBERLAND COUNTY, PENNSYLVANIA V. JACOB & MARY SCHMIDT, DEFENDANTS 08-145 CIVIL TERM ORDER OF COURT AND NOW, this ?- day of January, 2008, IT IS ORDERED that on the within moti6n to strike a lis pendens, a hearing shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania at 1:30 p.m., Friday, February 8, 2008. By th ourt, (a John R. ZonariO, Esquire For Plaintiffs Elizabeth Ann F ey, Esquire For Defendants :sal 1..."D'J t i2S rn lac c CD e C :.. ' L I 5 cam'' I % WILLIAM & JOAN KRASEVIC, Plaintiff, V. JACOB & MARY SCHMIDT, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-145 Civil Term ANSWER TO MOTION TO STRIKE LIS PENDENS AND NOW come Plaintiffs, William and Joan Krasevic, by and through their attorneys, Skarlatos and Zonarich LLP, to answer Defendants' Motion to Strike Lis Pendens, as follows: 1. Admitted. 2. Admitted. Hearing in this matter was held before District Justice Thomas A. Placey on January 22, 2008. 3. Denied. By amendment at the District Justice hearing, the Plaintiffs requested relief was modified to $1,587.00. 4. Admitted in part. Denied in part. The Complaint is a legal document, unambiguous and clear on its face, and therefore speaks for itself. 5. Denied. See response to paragraph 3. 0 5.* Admitted. 6. Admitted in part. Denied in part. The Praecipe is a legal document, unambiguous and clear on its face, and therefore speaks for itself. 7. Admitted in part. Denied in part. The Praecipe is a legal document, unambiguous and clear on its face, and therefore speaks for itself. 8. Denied. This is a conclusion of law to which no response is required. By way of further response, ejectment issues are involved in this matter as Defendants have asserted claims to property that belongs to Plaintiffs. 9. Denied. This is a conclusion of law to which no response is required. See response to paragraph 8. 10. Denied. This is a conclusion of law to which no response is required. 11. Denied. This is a conclusion of law to which no response is required. By way of further response, this matter does affect title to the real property described in the lis pendens. 12. Denied. This is a conclusion of law to which no response is required. See response to paragraphs 8 and 11. 13. Denied. This is a conclusion of law to which no response is required. See response to paragraphs 8 and 11. 14. Denied. This is a conclusion of law to which no response is required. 15. Denied. This is a conclusion of law to which no response is required. Defendants included two paragraphs both numbered 5 in their Motion. WHEREFORE, Plaintiff requests this Honorable Court to DENY Defendants' Motion to Strike Lis Pendens. Respectfully submitted, Date: Januarygy, 2008 By: I I Atto 2 John Tecond quire Skarh Building 17 Seet, 6th Floor Harrisburg, PA 17101 (7 17) 233-1000 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Elizabeth L. Farnsworth, an employee with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing Answer to Motion to Strike Lis Pendens upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Elizabeth Ann Frey, Esquire Donnelly & Associates, P.C. 100 West Elm Street, Suite 101 Conshohocken, PA 19428 (Via 1 S` Class Mail) Date: January, 2008 "Ijt6?:h 4-1-41Ll Elizab L. Farns rth Paralegal DONNELLY & ASSOCIATES, P.C. BY: JOHN J. DONNELLY, ESQUIRE ATTORNEY I.D. #53898 One West First Avenue Suite 450 Conshohocken, PA 19428 (610) 828-2300 ATTORNEY FOR DEFENDANTS WILLIAM & JOAN KRASEVIC, Plaintiffs vs. JACOB & MARY SCHMIDT, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW CIVIL TERM No. 08-145 AMENDED ENTRY OF APPEARANCE Kindly enter my appearance as attorney for the Defendants, Jacob and Mary Schmidt, in the above-captioned Civil Action. DONNELLY &-'ASSOCIATES T.C. By: JOHN J. DONNELLY, ESQUIRE Attorney-`or Defendants C 77 ?. 71 T w WILLIAM & JOAN KRASEVIC, Plaintiff, ; V. JACOB & MARY SCHMIDT, : Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-145 Civil Term PRAECIPE TO WITHDRAW LIS PENDENS To the Prothonotary: Please withdraw the above-captioned action from the index as a lis pendens against the following real property: 10-19-1604-112, 6039 Edward Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, 17050 :'OS & ZONAPJCH Date: February 5, 2008 - _ 7arlAmey R. Zonarich, E quir I.D. 4 196 atos s & Zonarich Building 17 South Second Street, 6th Floor Harrisburg, PA 17101 (717) 233-1000 Attorneys for Plaintiff i CERTIFICATE OF SERVICE I, Elizabeth L. Farnsworth, an employee with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing Praeciae to Withdraw Lis Pendens upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: John J. Donnelly Donnelly & Associates, P.C. 100 West Elm Street, Suite 101 Conshohocken, PA 19428 (Via Facsimile & I" Class Mail) Date: February 5, 2008 Elizabe L. Farnsw Paralegal r,a O rn? c?a Y SKARLATOS & ZONARICH LLP John R. Zonarich, Esquire Identification No. 19632 17 South Second Street, 6a' Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorneys for Plaintiffs WILLIAM & JOAN KRASEVIC, Plaintiffs, V. JACOB & MARY SCHMIDT, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-145 Civil Term PRAECIPE TO SETTLE, SATISFY & DISCONTINUE TO THE PROTHONOTARY: Please mark the above referenced case settled, satisfied and discontinued with prejudice, as to all defendants, pursuant to Pa.R.C.P. No. 229. Dated: 04/08/08 By: 'Mouth Second Street, 6'1' Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 Attorneys for Plaintiffs Respectfully Submitted, Y WILLIAM & JOAN KRASEVIC, Plaintiffs, V. JACOB & MARY SCHMIDT, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-145 Civil Term CERTIFICATE OF SERVICE I, Sherry L. Devlin, an employee with the law firm of Skarlatos & Zonarich LLP, hereby certify that I this day served a copy of the foregoing PRAECIPE TO SETTLE, SATISFY, AND DISCONTINUE upon the person(s) indicated below by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Elizabeth Ann Frey, Esquire Donnelly & Associates, P.C. One West First Avenue, Suite 450 Conshohocken, PA 19428 Date: 04/08/08 herry L. Dev Paralegal 61 V;J?