HomeMy WebLinkAbout08-4832BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
10 Poplar Street
Wormleysburg, PA 17043
DEVIN BREWER
10 Poplar Street
Wormleysburg, PA 17043
REBECCA KREBS
10 Poplar Street
Wormleysburg, PA 17043
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 68 - gS601 &v! ( (erM
PRAECIPE TO ISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue a Writ of Summon - Civil Action, to Nikolaos Seitz, Devin Brewer and Rebecca Krebs in the above-
captioned matter.
BY:
Date: August 8. 2008
BENNETT,
******************
& SALTZBURG LLP
, ESQUIRE
TO: Nikolaos Seitz Devin Brewer and Rebecca Krebs
You are notified that the plaintiff has commenc ?ac '
Curtis R. Lo
SEAL Prothonotary, Cumberland ounty
Date: By:
Clerk/Deputy
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BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
10 Poplar Street
Wormleysburg, PA 17043
DEVIN BREWER
REBECCA KREBS
10 Poplar Street
Wormleysburg, PA 17043
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
MOTION TO ENTER SPECIAL ORDER FOR SERVICE OF PROCESS
Plaintiff, Thomas Kiser, by and through his counsel Bennett, Bricklin and Saltzburg,
LLP, hereby avers as follows:
1. The claim arises out of a fire that occurred on January 13, 2008 at 10 Poplar Street,
Wormleysburg, PA 17043.
2. On August 11, 2008, Plaintiff instituted this property damage action against
Defendants, Nickolaos Seitz, Devin Brewer and Rebecca Krebs, by filing a Praecipe for Writ of
Summons. See Exhibit "A".
3. The Cumberland County Sheriff's Department attempted to serve the Defendants at
10 Poplar Street, Wormleysburg, PA 17043. However, he was unable to complete service at that
address as the property was condemned and vacant.
4. Counsel for the Plaintiff has written to the United States Postal Authority with regard
to changes of address for Defendants. The Post Office Change of Address Form for Defendant
Devin Brewer was returned with the notation "No address on file." See Exhibit "B".
5. Pa.R.C.P. 430 provides that if service cannot be made under the applicable rule,
serving party may move the Court for a special Order directing a method of service.
WHEREFORE, it is respectfully requested that the within Order be entered.
BENNETT, BRICKLIN & SALTZBURG LLP
BY
KEVI AKE, ESQUIRE
Attorney for Plaintiff
BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
10 Poplar Street
Wormleysburg, PA 17043
DEVIN BREWER
REBECCA KREBS
10 Poplar Street
Wormleysburg, PA 17043
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
MEMORANDUM OF LAW IN SUPPORT OF
MOTION FOR SPECIAL ORDER FOR SERVICE OF PROCESS
1. MATTER BEFORE THE COURT:
Motion for Special Order for Service of Process.
II. STATEMENT OF QUESTION INVOLVED:
Whether Plaintiff Thomas Kiser's motion for special order for service of process should
be granted.
III. FACTS:
This claim arises out of a fire that occurred on January 13, 2008 at Defendants'
residences. The fire subsequently spread to Plaintiff's residence.
On August 7, 2008, Plaintiff Thomas Kiser instituted this property damage action against
Defendants, Nikolaos Seitz, Devin Brewer and Rebecca Krebs. See, Exhibit "A". The Sheriff of
Cumberland County attempted to serve the Defendants at their last known address of 10 Poplar
Street, Wormleysburg, PA 17043. However, he was unable to complete service at that address as
the property was condemned and vacant. After inquiry of the United States Postal Service,
alternative addresses were found for Defendants Nickolaos Seitz and Rebecca Krebs. However,
an inquiry of the post office under the Freedom of Information Act for a change of address
listing for Defendant Devin Brewer was unsuccessful. A copy of the response is attached hereto
as Exhibit "B".
IV. LEGAL ARGUMENT:
Pa.R.C.P. 430 provides that if service cannot be made under the applicable rule, the
plaintiff may motion the court for a special order directing a method of service.
V. RELIEF
Accordingly, it is requested that process be authorized by publication and posting at
defendants' premises.
BENNETT, B13dMIN & SALTZBURG LLP
BY
KEVI<'N`K42. 9WKE, ESQUIRE
Attorney or Plaintiff
EXHIBIT "A"
BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
10 Poplar Street
Wormleysburg, PA 17043
DEVIN BREWER
10 Poplar Street
Wormleysburg, PA 17043
REBECCA KREBS
10 Poplar Street
Wormleysburg, PA 17043
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 68 - y83a
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PRAECIPE TO ISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue a Writ of Summon - Civil Action, to Nikolaos Seitz, Devin Brewer and Rebecca Krebs in the above-
captioned matter.
BENNETT, KLIN & SALTZBURG LLP
BY:
KE M. B ESQUIRE
Atto r Plaintiff
Date: August 8, 2008
******************
TO: Nikolaos Seitz. Devin Brewer and Rebecca Krebs
You are notified that the plaintiff has commence a '
FRO
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W ed, I tl OPI '3I bay. Prothonotary, Cumber and County
J?r
Da * Sld It Cif?e, ' By.
Pa. Clerk/Deputy
EXHIBIT "B"
Change of Address or Bozholder Request Format - Process Servers
Postmaster Date 10-16-08
PA 17043-9998
City. State, ZIP Code
REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF
LEGAL PROCESS
Please furnish the new address or the name and street address (if a boxholder) for the following:
Narne; Devin Brewer
Address:_i 0 Poplar Street, Wormleysburg, PA 17043
Note: The name and last known address are required for change of address inforrnaation. The name, if known, and post
office box address are required for boxholder information.
The following information is provided in accordance with 39 CFR Z6S.6(d}(5)(ii). There is no fee for providing
boxholder or change of address information.
1, Capacity of requester (e.g., process server, attorney, parry representing sell): Attorney
2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting
pro se - except a corporation acting pro se must cite statute):
NU.A.
3. The names of all known parties to the litigation: Thomas Kiser, Nickolaos Seitz, Devin Brewer, Rebecca Krebs
4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County, PA
5. The docket or other identifying number if one has been issued: 08-4832
6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE
OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD
RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF
NOT MORE THAN 5 YEARS, OR BOTH (TITLE 19 U.S.C. SECTION 1001).
I certify that the above information is true and that the address information is needed and will be used solely for service
of legal process in conjunction with actual or prospective litigation.
512 East Township Line Road, 5 Valley Square, Ste 200
Signature Address
-Rebecca M. Cantor Blue Bell, PA 19422
Printed Name City, State, ZIP Code
POST OFFICE USE ONLY
-)?-No change of address order on file.
Moved, left no forwarding address.
No such address.
NEW ADDRESS OR BOXHOLDER'S NAME
AND STREET ADDRESS
POSTMARK
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BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
10 Poplar Street
Wormleysburg, PA 17043
DEVIN BREWER
REBECCA KREBS
10 Poplar Street
Wormleysburg, PA 17043
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
AFFIDAVIT
I, Kevin M. Blake, Esquire, being duly sworn according to law deposes and says that the
allegations contained within the within Motion are true and correct to the best of my knowledge,
information and belief.
BENNETT, BRIqQIN & SALTZBURG LLP
BY
ESQUIRE
Sworn to and subscribed
before me this 9TH day
of December, 2008
COMMONWEALTH OF PENNSYLVANM?
S `?-- NOTARIALL SEAL
DeANN S. ALLEVA, Notary Public
Notary Public CWom ., Montgomery Counter
F 27, 2010
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BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
5950 Huntington Commons
Enola, PA 17025
DEVIN BREWER
REBECCA KREBS
5950 Huntington Commons
Enola, PA 17025
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
PRAECIPE TO REINSTATE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly reinstate the Writ of Summons in the above-captioned action to be served on
defendants, Nicholaos Seitz and Rebecca Krebs, at the above-captioned address.
BENNE T, B IN & SALTZBURG LLP
BY
KE . B KE, ESQUIRE
Attorn _ or Plaintiffs
BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
10 Poplar Street
Wormleysburg, PA 17043
DEVIN BREWER
10 Poplar Street
Wormleysburg, PA 17043
REBECCA KREBS
10 Poplar Street
Wormleysburg, PA 17043
TO THE PROTHONOTARY:
ATTORNEY FOR: Plaintiff'
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 68 - y 83a.
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PRAECIP , TO ISSUE WRIT OF SUMMONS
Kindly issue a Writ of Summon - Civil Action, to Nikolaos Seitz, Devin Brewer and Rebecca Krebs in the above-
captioned matter.
BENNETT, PWKLIN & SALTZBURG LLP
BY:
ESQUIRE
Date: August 8 2008
******************
TO: Nikolaos Seitz Devin Brewer and Rebecca Krebs
You are notified that the plaintiff has commence a
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hero unto tat 111V Prothonotary, Cumber and County
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BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
5950 Huntington Commons
Enola, PA 17025
DEVIN BREWER
REBECCA KREBS ,
5950 Huntington Commons ,
Enola, PA 17025 ,
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
AMENDMENT TO MOTION TO ENTER SPECIAL ORDER FOR SERVICE OF
PROCESS
1. Pursuant to Cumberland County Local Rule 208.3(a)(2), no other Judge has ruled
upon any other issue related to this motion.
2. As Plaintiff's counsel is unaware of counsel of record for any of the above named
defendants, Plaintiff's counsel is unable to seek the concurrence of opposing counsel, pursuant to
Cumberland County Local Rule 208.3(a)(9).
BENNETT, BRICKLIN & SALTZBURG LLP
BY
KE N
Attorney
,L/AKE, ESQUIRE
Plaintiff
BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
5950 Huntington Commons
Enola, PA 17025
DEVIN BREWER
REBECCA KREBS
5950 Huntington Commons ,
Enola, PA 17025
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
AFFIDAVIT
I, Kevin M. Blake, Esquire, being duly sworn according to law deposes and says that the
allegations contained within the within Amendment to Motion are true and correct to the best of my
knowledge, information and belief.
Sworn to and subscribed
before me this 18TH day
of December, 2008
NW9rP&*1bAiCrH OF PENNSYLVANIA
DeANN SAL EiVA, Notary PubNc
Whitpain Twp., Montgomery County
My Commission Expires Feb 27„2010
BENNETT, BRICKLIN & SALTZBURG LLP
BY
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DEC 16 200
BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
5950 Huntington Commons
Enola, PA 17025
DEVIN BREWER
REBECCA KREBS
5950 Huntington Commons
Enola, PA 17025
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
ORDER
AND NOW, this Z I " day of , 2008, upon consideration of plaintiff 's
motion to enter a special Order directing service of process, it is hereby Ordered and Decreed
that the Motion is granted and that plaintiff may serve process on defendant Devin Brewer by
publication and posting at defendant's premises.
BY THE COURT:
1
LLI
cam:
SHERIFF'S RETURN - NOT FOUND
It NO: 2008-04832 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
KISER THOMAS
VS
SEITZ NIKOLAOS 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
KREBS REBECCA but was
unable to locate Her in his bailiwick. He therefore returns the
WRIT OF SUMMONS
the within named DEFENDANT
5950 HUNTINGTON COMMONS
KREBS REBECCA
NOT FOUND , as to
ENOLA, PA 17025
DEFENDANT MOVED TO 111 NORTH STREET, HARRISBURG, PA 17101 (DAUPHIN
COUNTY)
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
Not Found 5.00
/a/ag10 21.00
So answers:
R. Thomas 1?I ine
Sheriff of Cumberland County
BENNETT BRICKLIN SALTZBURG
12/19/2008
Sworn and Subscribed to before
me this day of
A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04832 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KISER THOMAS
VS
SEITZ NIKOLAOS ET AL
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
SEITZ NIKOLAOS the
DEFENDANT , at 0020:30 HOURS, on the 17th day of December-, 2008
at 5950 HINTINGTON COMMONS
ENOLA, PA 17025
by handing to
NIKOLAOS SEITZ DEFENDANT
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 10.80
Affidavit .00
Surcharge 10.00
Postage .42
l,a?`?IO$ ? 39.22
Sworn and Subscibed to
before me this
of
day
So Answers:
R.'Thomas Kline
12/19/2008
BENNETT
BRICKLffi-
By:
A. D.
BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
5950 Huntington Commons
Enola, PA 17025
DEVIN BREWER
REBECCA KREBS
5950 Huntington Commons
Enola, PA 17025
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
PRAECIPE TO REINSTATE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly reinstate the Writ of Summons in the above-captioned action to be served on
defendants, Nicholaos Seitz and Rebecca Krebs, at the above-captioned address.
BENNETT, BWOKLIN & SALTZBURG LLP
BY
LAKE, ESQUIRE
Plaintiffs
BENNETT, BRICKLIN & SALTZBURG LLP
B"Y: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
10 Poplar Street
Wormleysburg, PA 17043
DEVIN BREWER
10 Poplar Street
Wormleysburg, PA 17043
REBECCA KREBS
10 Poplar Street
Wormleysburg, PA 17043
TO THE PROTHONOTARY:
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 68 - qso.
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PRAECIPE TO ISSUE WRIT OF SUMMONS
Kindly issue a Writ of Summon - Civil Action, to Nikolaos Seitz, Devin Brewer and Rebecca Krebs in the above-
captioned matter.
BY:
Date: August 8. 2008
BENNETT,
TO: Nikolaos Seitz. Devin Brewer and Rebecca Krebs
& SALTZBURG LLP
ESQUIRE
You are notified that the plaintiff has commenc a
l ?? f?
u?rtis R.
SE L7r"*WW- 1wgd, befe unto lot sny hare, Prothonotary, Cumber and County
3 at car , Pa.
Da By:
ty
. ' , 8 Clerk/Deputy
I S .E d S 1 330 0001
W
BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
5950 Huntington Commons
Enola, PA 17025
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
DEVIN BREWER
REBECCA KREBS
111 North Street
Harrisburg, PA 17101
NO. 08-4832
PRAECIPE TO REINSTATE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly reinstate the Writ of Summons in the above-captioned action to be served on
defendant, Rebecca Krebs, at the above-captioned address.
BENNE , B IN & SALTZBURG LLP
BY
KE . BL , ESQUIRE
Attorney for Plaintiffs
?l
B&NNETT, BRICKLIN & SALTZBURG LLP
r BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
12 Poplar Street
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
10 Poplar Street
Wormleysburg, PA 17043
DEVIN BREWER
10 Poplar Street
Wormleysburg, PA 17043
REBECCA KREBS
10 Poplar Street
Wormleysburg, PA 17043
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
Np• 68 , 483x.
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PRAECIPE TO ISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
tom.
Kindly issue a Writ of Summon - Civil Action, to Nikolaos Seitz, Devin Brewer and Rebecca Krebs in the above-
captioned matter.
Date: August 8. 2008
BENNETT,
BY:
TO: Nikolaos Seitz Devin Brewer and Rebecca Krebs
& SALTZBURG LLP
ESQUIRE
You are notified that the plaintiff has commen a '
i"YCOPY FROM +REC D urtis R.
SE Lj?90v. " W af. I h%s jM10 nib, ban, Prothonotary, Cumber and County
Da at Carl", Pa. By:
& .? Caps Clerk/Deputy
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04832 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KISER THOMAS
VS
SEITZ NIKOLAOS ET AL
STEVE BENDER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
BREWER DEVIN the
DEFENDANT
, at 1800:00 HOURS, on the 25th day of February-, 2009
at 10 POPLAR STREET
WORMLEYSBURG, PA 17043 by handing to
POSTED PREMISES PURSUANT TO ORDER OF COURT
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Posting
Surcharge
Postage
Sworn and Subscibed to
before me this
of
So Answers:
18.00
14.40
6.00
10.00 R. Thomas Kline
.42
48.82 02/26/2009
BENNETT BRICKL IN & SALTZBURG
By:
day Deputy Sheriff
, A.D.
"; c= a
;i
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
Viz
February 27, 2009
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
i Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
27 day of February, 2009
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28. 2010
CUMBERLAND LAW JOURNAL
NOTICE OF CIM ACTION
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil Action-Law
NO. 08-4832
Thomas Kiser,
Plaintiff
vs.
Nickolaos Seitz, Devin Brewer,
and Rebecca Krebs,
Defendants
NOTICE
NOTICE IS HEREBY GIVEN that
the above were named as defendants
in a civil action instituted by plaintiff.
This is an action to recover property
damages for a fire that occurred on
January 13, 2008 at 10 Poplar
Street, Wormleysburg, Pennsylvania
17043.
If you wish to defend, you must
enter a written appearance person-
ally or by attorney and file your de-
fenses or objections in writing with
the court. You are warned that if you
fail to do so, the case may proceed
without you and a judgment may be
entered against you without further
notice for the relief requested by the
plaintiff. You may lose money or
property or other rights important
to you.
YOU SHOULD TAKE THIS PA-
PER 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. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER. IF YOU
CANNOT AFFORD TO HIRE A LAW-
YER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION
ABOUT AGENCIES THAT MAY OF-
FER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR
NO FEE.
CUMBERLAND COUNTY BAR
ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1 (800) 990-9108
(717) 249-3166
BENNETT, BRICKLIN &
SALTZBURG LLP
5 Valley Square
Suite 200
Blue Bell, PA 19422
(267) 654-1100
Feb. 27
Thee Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CANTOR
512 TOWNSHIP LINE ROAD
BLUE BELL
PA 19422
Abe Patr1*otwXtws
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
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This ad # 0001950841 ran on the slates shown below:
----?? February 25, 2009
......... ........ ......
to and-4u cr`bed before me thi 26 d Lruary, 2009 A.D.
J?
Notary Pubic
COMMOWMALTH OF PENNSYLVANIA
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Member, PertnWVftla Assode*m of Notedes
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WILLIAM J. FERREN & ASSOCIATES
Patrick J. Moran, Esquire
I.D. No.: 61580
Ten Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1701 Attorney for defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Thomas Kiser
File No.: 2008-04832
V. Civil Action - Law
Nikolaos Seitz, et al. Jury Trial Demanded
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance as attorney for defendant, Nikolaos Seitz, in the above captioned
matter.
WILLIAM J. FERREN & ASSOCIATES
By:
Patrick J. Moran, Esquire
Attorney for Defendant
1{1{ _ r ? tiSi-?
Piz". vl'?Vf
2009 APR -6 Ph 2: 56
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Thomas Kiser File No.: 2008-04832
V. Civil Action - Law
Nikolaos Seitz, et al. Jury Trial Demanded
PRAECIPE FOR RULE TO FILE COMPLAINT
TO THE PROTHONOTARY:
Please enter a Rule on Plaintiff, Thomas Kiser, in the above-entitled matter to file a Complaint within twenty
(20) days or suffer judgment of non pros.
WILLIAM J. FERREN & ASSOCIATES
By:_ i
Patrick J. Wran, Esquire
Attorney I.D. #61580
Ten Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1701
Attorney for defendant,
Dated: -' " " J
' ! rl
RULE TO FILE COMPLAINT
TO THE WITHIN PLAINTIFFS:
You are hereby ruled to file a Complaint within twenty (20) days after service
hereof.
P OTHONOT
-/1&log
FILE b-? ?rF-i"I Y
Vii= ? PF?I ""''n A
2009 APR -fir 11 2: u6
i'ENNSYLVANIIQ
BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
ATTORNEY FOR: Plaintiff
THOMAS KISER and COURT OF COMMON PLEAS OF
12 Poplar Street CUMBERLAND COUNTY, PA.
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
CIVIL ACTION
DEVIN BREWER
REBECCA KREBS
111 North Street NO. C)$_ 4839 li?v i l
Harrisburg, PA, 17101
PRAECIPE TO REISSUE WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue a Writ of Summons - Civil Action, to Rebecca Krebs in the above-captioned matter.
BENNE'VT, BXICJKLIN & SALTZBURG LLP
BY:
KE . BL E, ESQUIRE
Atto nev lalntiff
Date: April 15, 2009
******************
TO: Rebecca Krebs
You are notified that the plaintiff has commenced an action against you.
Curtis R. Long
SEAL Prothonotary, Cumberland County
Date: By: S R. &V Q o
Clerk/Deputy
$10.oo Po A-"Y
C16.t 4 la-3
a*-Aayoa8
BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
VS.
NIKOLAOS SEITZ
DEVIN BREWER
REBECCA KREBS
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
AFFIDAVIT OF SERVICE
I, Kevin M. Blake, Esquire, being duly sworn according to law, deposes and says that he
is an attorney with Bennett, Bricklin & Saltzburg LLP, attorneys for the plaintiff, in the above
matter and that pursuant to the provisions of Pa. R.C.P. 430, a true and correct copy of a Writ of
Summons was served upon defendant Devin Brewer by publication and posting.
Sworn to and subscribed
before me this 1 (01" day
of ( , 2009
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DeANN S. ALLEVA, Notary Pu
Whitpain Twp., Montgomery County
M Commission Expires Febru 27,:2010
BENNETT, BRICK IN & SALTZBURG LLP
n
BY:
KEV AKE, ESQUIRE
Attorney for Plaintiff
t? i?
7j'7 TI
'BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979 ATTORNEY FOR: Plaintiff
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER COURT OF COMMON PLEAS OF
12 Poplar Street CUMBERLAND COUNTY, PA.
Wormleysburg, PA 17043
VS.
NIKOLAOS SEITZ
10 Poplar Street
Wormleysburg, PA 17043 CIVIL ACTION
DEVIN BREWER
10 Poplar Street
Wormleysburg, PA 17043
REBECCA KREBS
10 Poplar Street .
Wormleysburg, PA 17043 NO. 08-4832
CIVIL ACTION COMPLAINT
Plaintiff, Thomas Kiser (hereinafter "plaintiff'), by and through his counsel, Bennett,
Bricklin & Saltzburg LLP, hereby complains of the defendants and, upon information and belief,
alleges the following:
1. Plaintiff is an adult individual currently residing at 12 Poplar Street, Wormleysburg,
Pennsylvania 17043.
2. On or about January 13, 2008 plaintiff owned and resided at the residence located at
12 Poplar Street, Wormleysburg, Pennsylvania 17043.
3. Defendants Nikolaos Seitz, Devin Brewer and Rebecca Krebs are adult individuals
who resided at 10 Poplar Street, Wormleysburg, Pennsylvania 17043 on January 13, 2008.
4. On or about January 13, 2008 defendant Nikolaos Seitz owned the residence located
at 10 Poplar Street, Wormleysburg, Pennsylvania 17043 (hereinafter referred to as "subject
premises") and resided in the first and third floors of same.
5. On or about January 13, 2008 defendant Devin Brewer resided in an apartment located
in the rear of the second floor of the subject premises as a tenant of defendant Seitz.
6. On or about January 13, 2008 defendant Rebecca Krebs resided in an apartment
located in the front of the second floor of the subject premises as a tenant of defendant Seitz.
7. On or about January 13, 2008 defendant Seitz allowed his tenants to smoke cigarettes
in an area that was unsafe for that activity.
8. On or about January 13, 2008, a fire occurred on the second floor balcony of the
subject premises, as a result of the careless disposal of smoking materials by one or all of the
defendants.
9. On or about January 13, 2008 defendant Nikolaos Seitz, after arriving at the subject
premises between 1:00 p.m. and 1:30 p.m. began to detect the odor of burning wood and
subsequently searched the subject premises, including the basement in which he observed a
smoke condition.
10. On or about January 13, 2008 defendant Rebecca Krebs, after awakened in her
apartment at the subject premises at approximately 2:00 p.m. and immediately beginning to
smell smoke, discussed her suspicions with defendant Nikolaos Seitz, who informed her that he
was unable to locate the source of the smell, and then returned to her apartment to take a shower.
11. None of the defendants called emergency or fire officials after smelling smoke.
2
12. The above-referenced fire spread throughout the subject premises and subsequently
spread to plaintiff's residence located at 12 Poplar Street, Wormleysburg, Pennsylvania 17043,
causing substantial fire, smoke, and water damage.
13. As a direct and proximate result of the fire, plaintiff sustained damages to his
premises and personal property, as well as various other costs for alternative living expenses.
COUNT I- NEGLIGENCE
Thomas Kiser vs. Nikolaos Seitz
14. Plaintiff, Thomas Kiser, incorporates by reference the averments set forth in paragraphs
1 through 13 above as though each were set forth at length herein
15. The above-referenced fire and associated damages suffered by the plaintiff was
proximately caused by the carelessness, negligence, recklessness, negligent acts and/or omissions
of defendant Nikolaos Seitz, acting both jointly and severally with the remaining co-defendants, in
the following:
a. failing to inspect and/or test smoke detection devices in the subject premises;
b. failing to recommend and/or take other necessary and appropriate steps to
ensure the smoke detection devices were in proper working condition;
C. failing to take all precautions necessary under the circumstances to safeguard
the premises from the risk of fire;
d. failing to ensure the safety of the premises from the risk of fire through the
lease agreement with tenants;
e. failing to contact the proper authorities after observing a smoke condition in
the subject premises;
f. failing to take necessary and appropriate steps to warn tenants of a possible
fire after observing the smoke condition;
g. leasing to a tenant who carelessly and improperly disposed of smoking
material at the subject premises which the defendant knew or should have
known created an unreasonable risk of harm to the subject premises;
3
h. allowing tenants to smoke cigarettes in an area that was inappropriate and
unsafe for such activities; and
I. otherwise failing to use due care under the circumstances in ways that may
be further revealed during the course of discovery.
16. Plaintiff's damages were caused in no way by the actions or inactions of the plaintiff,
rather all of the plaintiff's losses were caused by the carelessness, negligence, and/or recklessness
of the defendant, as set forth above.
WHEREFORE, plaintiff requests judgment in his favor in an amount in excess of the
arbitration limits, together with interest, the costs of this action, and other such in further relief as
this Honorable Court deems just and proper.
COUNT II- NEGLIGENCE
Thomas Kiser vs. Devin Brewer
17. Plaintiff, Thomas Kiser, incorporates by reference the averments set forth in paragraphs
1 through 16 above as though each were set forth at length herein.
18. The above-referenced fire and associated damages suffered by the plaintiff was
proximately caused by the carelessness, negligence, recklessness, negligent acts and/or omissions
of defendant Devin Brewer, acting both jointly and severally with the remaining co-defendants, in
the following:
a. improperly disposing a smoking material at the subject premises which
defendant knew or should have known created an unreasonable risk of harm
to the subject premises;
b. failing to inspect and/or test smoke detection devices in the subject premises;
C. failing to take all precautions necessary under the circumstances to safeguard
the premises from the risk of fire;
d. failing to make sure the cigarette was not lit before it was disposed; and
e. otherwise failing to use due care under the circumstances in ways that may
be further revealed during the course of discovery.
4
19. Plaintiff's damages were caused in no way by the actions or inactions of the plaintiff,
rather all of the plaintiff's losses were caused by the carelessness, negligence, and/or recklessness
of the defendant, as set forth above.
WHEREFORE, plaintiff requests judgment in his favor in an amount in excess of the
arbitration limits, together with interest, the costs of this action, and other such in further relief as
this Honorable Court deems just and proper.
COUNT III- NEGLIGENCE
Thomas Kiser vs. Rebecca Krebs
20. Plaintiff, Thomas Kiser, incorporates by reference the averments set forth in paragraphs
1 through 19 above as though each were set forth at length herein.
21. The above-referenced fire and associated damages suffered by the plaintiff was
proximately caused by the carelessness, negligence, recklessness, negligent acts and/or omissions
of defendant Rebecca Krebs, acting both jointly and severally with the remaining co-defendants, in
the following:
a. failing to inspect and/or test smoke detection devices in the subject premises;
b. failing to take all precautions necessary under the circumstances to safeguard
the premises from the risk of fire;
C. failing to notify the proper authorities of a possible fire in the subject
premises; and
d. otherwise failing to use due care under the circumstances in ways that may
be further revealed during the course of discovery.
22. Plaintiff's damages were caused in no way by the actions or inactions of the plaintiff,
rather all of the plaintiff's losses were caused by the carelessness, negligence, and/or recklessness
of the defendant, as set forth above.
5
WHEREFORE, plaintiff requests judgment in his favor in an amount in excess of the
arbitration limits, together with interest, the costs of this action, and other such in further relief as
this Honorable Court deems just and proper.
COUNT IV - RES IPSA LOQUITUR
Thomas Kiser vs.
Nikolaos Seitz. Devin Brewer and Rebecca Krebs
23. Plaintiff, Thomas Kiser, incorporates by reference the averments set forth in paragraphs
1 through 22 above as though each were set forth at length herein.
24. It may be inferred that harm suffered by the plaintiff is caused by negligence of the
defendants, Nikolaos Seitz, Devin Brewer and Rebecca Krebs when:
a. the event is of a kind which ordinarily does not occur in the absence of
negligence;
b. other responsible causes, including the conduct of the plaintiffs and third
persons, are sufficiently eliminated by the evidence; and
c. the indicated negligence is within the scope of the defendants' duty to the
plaintiffs.
WHEREFORE, plaintiffs request judgment in their favor in an amount in excess of the
arbitration limits, together with interest, the costs of this action, and other such in further relief as
this Honorable Court deems just and proper.
YLEVIIN NL-"AKE, ESQUIRE
Attorney for Plaintiff
6
VERIFICATION
I, Kevin M. Blake, Esquire, do hereby verify that I am the attorney for the Plaintiff,
Thomas Kiser in the above-captioned action and that the facts set forth in the foregoing Civil
Action Complaint are true and correct to the best of my knowledge, information and belief. I
understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904
relating to unsworn falsification to authorities.
V ???
KE LAKE
DATE: April 22, 2009
7
FUFi~f-
OF THE
ZCCQ A PR 2 r PF, i2- G J
r.d e
Sheriffs Office of Cumberland County
R Thomas Kline 4?Tr eC f umbra Edward L Schorpp
Sheri Solicitor
Ronny R Anderson` Jody S Smith
Chief Deputy OFFICE C F TOE s?,£R1FF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/08/2009 R. Thomas Kline, Sheriff who being duly swom according to law states that he made a diligent search and
inquiry for the within named defendant, to wit: Rebecca Krebs, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Writ of Summons
according to law.
05/13/2009 Dauphin County Return: And now, May 13, 2009 I, Jack Lotwick, Sheriff of Dauphin County,
Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Rebecca Krebs the
defendant named in the within Writ of Summons and that I am unable to find her in the County of Dauphin
and therefore return same NOT FOUND.
SHERIFF COST: $42.00
May 20, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
2008-4832
Thomas Kiser v Rebecca Krebs
t-- ? 7
-e r iM
rU
' ? 'r i
r _a 3
In The Court of Common Pleas of Cumberland County, Pennsylvania
Thomas Kiser
vs.
Rebecca Krebs
111 North Street
Harrisburg, PA 17101
Civil No. 2008-4832
Now, May 8, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of
Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
copy of the original,
the contents thereof.
So answers,
Sworn and subscribed before
me this- day of ,20,
Sheriff of
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County, PA
20 , at o'clock K served the
on lat f the ?$herq
Ma%Jane Sn der
R Estate Dep.
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
THOMAS KISER
REBECCA KREBS
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
VS
Sheriff s Return
No. 2009-T-1223
OTHER COUNTY NO. 20084832
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return,
that I made diligent search and inquiry for REBECCA KREBS the DEFENDANT named in the within
WRIT OF SUMMONS and that I am unable to find him/her in the County of Dauphin, and therefore return
same NOT FOUND, MAY 13, 2009.
AS PER TERRY CUBITT, DEFT LIVED AT 111 NORTH STREET, BEFORE HER, BUT DOES NOT
KNOW HER CURRENT ADDRESS
Sworn and subscribed to
before me this 18TH day of May, 2009
A!?w
NOTARIAL SEAL
MARY JANE SNYDER, Notary Publi
Highspire, Dauphin County
W Commission Expires Sept 1 2010
So Answers,
Sheriff of DauphiE? un P -
By
Deputy Sheriff
Deputy: LISA BRESSLER
Sheriffs Costs: $41.25 5/12/2009
t't'' E?C..CSE-D?U
(220) DAY;:-, FROM THE
r;q A DEFAULT
WILLIAM J. FERREN & ASSOCIATES 3 . UDDr .,,ENT h,<AY GE ENTF,9ED AGAMT
Patrick J. Moran, Esquire YOU.
I.D. No.: 61580 4'1? /69-1,
Ten Sentry Parkway, Suite 301 ATTORNEY FOR
Blue Bell, PA 19422 1q, (4.0 4,.6 `
(215) 274-1701 Attorney for defendant, Nikolaos Seitz
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Thomas Kiser File No.: 2008-04832
V. Civil Action - Law
Nikolaos Seitz, Devin Brewer
And Rebecca Krebs
DEFENDANT, NIKOLAOS SEITZ,
ANSWER TO PLAINTIFF'S COMPLAINT
Defendant, Nikolaos Seitz, by and through its counsel, files this Answer with New
Matter.
1. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained in
paragraph 1 of plaintiff's Complaint and said allegation is denied.
2. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained in
paragraph 2 of plaintiff's Complaint and said allegation is denied.
3. Admitted.
4. Admitted.
5. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained in
paragraph 5 of plaintiff's Complaint and said allegation is denied.
6. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained in
paragraph 6 of plaintiff's Complaint and said allegation is denied.
7. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained in
paragraph 7 of plaintiff's Complaint and said allegation is denied.
8. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained in
paragraph 8 of plaintiffs Complaint and said allegation is denied.
9. Admitted in part; denied in part. It is admitted that defendant, Nikolaos Seitz,
detected a burning odor on January 13, 2008. It is specifically denied that between the
time of 1:00 p.m. and 1:30 p.m. defendant Seitz observed this smoke condition.
10. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained in
paragraph 10 of plaintiffs Complaint and said allegation is denied.
11. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained in
paragraph 11 of plaintiffs Complaint and said allegation is denied.
12. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained in
paragraph 12 of plaintiff's Complaint and said allegation is denied.
13. Denied. After reasonable investigation, defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained in
paragraph 13 of plaintiffs Complaint and said allegation is denied.
2
COUNT I - NEGLIGENCE
Thomas Kiser vs. Nikolaos Seitz
14. Defendant, Nikolaos Seitz, incorporates by reference the averments set forth
in paragraphs 1 through 13 as though each were set forth at length herein and to which no
response is required.
15. (a)-(i) Denied. The averment in paragraph 15 of plaintiff's Complaint is a
conclusion of law to which no response is required.
16. Denied. The averment in paragraph 16 of plaintiff's Complaint is a conclusion
of law to which no response is required.
WHEREFORE, defendant, Nikolaos Seitz, respectfully requests judgment be
entered in his favor and against plaintiff on the cause of action in Count I of plaintiffs
Complaint.
COUNT II- NEGLIGENCE
Thomas Kiser vs. Devin Brewer
17. Defendant, Nikolaos Seitz, incorporates by reference the averments set forth
in paragraphs 1 through 16 as though each were set forth at length herein and to which no
response is required.
18-19. These allegations are directed to another defendant and no response is
required.
COUNT III - NEGLIGENCE
Thomas Kiser vs. Rebecca Krebs
20. Defendant, Nikolaos Seitz, incorporates by reference the averments set forth
in paragraphs 1 through 19 as though each were set forth at length herein and to which no
response is required.
21-22. These allegations are directed to another defendant and no response is
required.
3
COUNT IV - RES IPSA LOQUITUR
Thomas Kiser vs. Nikolaos Seitz. Devin Brewer
And Rebecca Krebs
23. Defendant, Nikolaos Seitz, incorporates by reference the averments set forth
in paragraphs 1 through 22 as though each were set forth at length herein and to which no
response is required.
24. (a)-(c) Denied. Paragraph 24 of plaintiffs Complaint are conclusions of law to
which no response is required.
WHEREFORE, answering defendant demands judgment in its favor and against the
plaintiff.
NEW MATTER
25. The plaintiffs claims are barred in whole or in part by the provisions of the
Pennsylvania Comparative Negligence Act.
26. The claims of the plaintiff are barred in whole or in part by the applicable statute
of limitations.
27. The claims of the plaintiff are barred in whole or in part by the doctrine of
assumption of the risk and/or comparative negligence.
28. The complaint of the plaintiff fails to state a cause of action upon which relief
may be granted against the answering defendant.
29. Answering defendant specifically denies any negligence, carelessness or failure
in any duties allegedly owed to the plaintiff on its part.
30. If the plaintiff sustained any injuries/damages as alleged in the complaint, the
facts being specifically denied by the answering defendant, those injuries/damages were
caused by the acts or omissions of persons other than the answering defendant over
whom/which the answering defendant had no control or right of control.
4
31. The claims of the plaintiff are barred in whole or in part or limited pursuant to
any agreements entered into by the parties.
WHEREFORE, defendant, Nikolaos Seitz, respectfully requests judgment be
entered in his favor and against plaintiff on the cause of action in Count I of plaintiff's
Complaint.
NEW MATTER CROSSCLAIM PURSUANT
TO PA R.C.P. 1031.1 DIRECTED TO CO-DEFENDANTS
32. Answering defendant, Nikolaos Seitz, incorporates by reference all of his
answers and responses in paragraphs 1 through 31 of the Answer and New Matter as
though the same were more fully set forth at length herein.
33. Answering defendant, Nikolaos Seitz, avers by way of further defense that if
plaintiff sustained damages as alleged in the Complaint, all of which are specifically denied,
the damages were not the result of any acts or omissions on the part of the answering
defendant, but rather due to the acts of defendants Devin Brewer and Rebecca Krebs who
are alone liable, primarily liable, or liable over to the answering defendant, Nikolaos Seitz,
for any damages the plaintiff may have sustained and which are subsequently established
at the time of trial.
WHEREFORE, defendant, Nikolaos Seitz, demands judgment in its favor and
against the co-defendants.
WILLIAM J. FERREN & ASSOCIATES
r
BY
Patrick J. oran, Esquire
Attorney for Defendant
VERIFICATION
I, Patrick J. Moran, Esquire, state that the facts in the foregoing Defendant, Nikolaos
Seitz, Answer to Plaintiff's Complaint are true and correct to the best of my knowledge,
information and belief. This Verification is made with knowledge of the penalties contained
in 18 Pa. C.S.A. §4904, relating to unsworn verification to authorities.
By:
Patrick J. an, Esquire
Dated: - la-0 4
6
WILLIAM J. FERREN & ASSOCIATES
Patrick J. Moran, Esquire
I.D. No.: 61580
Ten Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1701 Attorney for defendant, Nikolaos Seitz
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Thomas Kiser
V.
Nikolaos Seitz, et al.
File No.: 2008-04832
Civil Action - Law
CERTIFICATE OF SERVICE
I, Patrick J. Moran, Esquire, does hereby certify that a true and correct copy of
Defendant, Nikolaos Seitz, Answer to Plaintiff's Complaint was served via first class mail,
postage prepaid, this /J-&(, day of June, 2009.
WILLIAM J. FERREN Si ASSOCIATES
BY
Patrick . Moran, Esquire
Attorney for Defendant
7
FILE
' ,,r3 Y
OcT1 it
< <
: 3 Z
20,09 ,'! F ii
WILLIAM J. FERREN & ASSOCIATES
Patrick J. Moran, Esquire
I.D. No.: 61580
Ten Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1701 Attorney for defendant, Nikolaos Seitz
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Thomas Kiser
File No.: 2008-04832
V. Civil Action - Law
Nikolaos Seitz, Devin Brewer
And Rebecca Krebs
PRAECIPE TO SUBSTITUTE VERIFICATION
TO THE PROTHONOTARY:
Kindly substitute the attached original Verification of Defendant, NIKOLAOS SEITZ, in
place of the attorney's Verification which was previously filed with Defendant's Answer to
Plaintiffs' Complaint on June 13, 2009.
WILLIAM J. FERREN & ASSOCIATES
BY: -11
PATRIC J. MORAN, ESQUIRE
WILLIAM J. FERREN & ASSOCIATES
Patrick J. Moran, Esquire
I.D. No.: 61580
Ten Sentry Parkway, Suite 301
Blue Bell, PA 19422
(215) 274-1701 Attorney for defendant, Nikolaos Seitz
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Thomas Kiser File No.: 2008-04832
V. Civil Action - Law
Nikolaos Seitz, Devin Brewer
And Rebecca Krebs
VERIFICATION
I, Nikolaos Seitz, the Defendant herein makes this Verification and states that the statements
made in the foregoing Answer to Plaintiff's Complaint are true and correct to the best of his
knowledge, information and belief. The undersigned understands that the statements therein are
made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to
authorities.
Dated: 2 a?
OF THE PR, -'4 -? ',",M 3Y
2009 JUG --2 AN f ! _ 4 2
i 0 ,
BENNETT, BRICKLIN & SALTZBURG LLC
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER
VS.
NIKOLAOS SEITZ,
DEVIN BREWER and
REBECCA KREBS
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
PLAINTIFF'S REPLY TO THE NEW MATTER
OF DEFENDANT NIKOLAOS SEITZ
Plaintiff incorporates by reference his civil action complaint and in response to the new
matter avers as follows:
25 - 31. Denied and deemed at issue pursuant to Pa. R.C.P. 1029(e).
WHEREFORE, plaintiff requests judgment in his favor in accordance with the civil
action complaint filed against the defendants.
BENNE
BY c-
KEVIN .
Attorney for
& SALTZBURG LLC
ESQUIRE
VERIFICATION
I, Kevin M. Blake, Esquire, do hereby verify that I am the attorney for the Plaintiff,
Thomas Kiser, in the above-captioned action and that the facts set forth in the foregoing
Plaintiffs Reply to the New Matter of Defendant Nikolaos Seitz are true and correct to the
best of my knowledge, information and belief. I understand that false statements made herein are
made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
KEVI."BLOE, ESQUIRE
DATE: July 23, 2009
RLr E
2 0 0 9 JUi L 28 ItiI 2 j
CU?r. '`;
LAW OFFICES
WILLIAM J. FERREN & ASSOCIATES
BY: PATRICK J. MORAN, ESQUIRE
ATTORNEY ID. NO. 61580
TEN SENTRY PARKWAY, SUITE 301
BLUE BELL, PA 19422
(215) 274-1701
Attorney for Defendant
USAA Casualty Insurance COURT OF COMMON PLEAS
Company, a/s/o Diana R. Loyer CUMBERLAND COUNTY, PA
V.
Nikolaos C. Seitz
NO. 2008-4006
Jury Trial Demanded
Thomas Kiser COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V. Civil Action - Law
Nikolaos Seitz, et al.
NO.: 2008-04832
Jury Trial Demanded
Kathy M. Witters COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V.
NO.: 2009-4259
Nikolaos Seitz, Rebecca Krebs
and Devin Brewer Jury Trial Demanded
DEFENDANT, NIKOLAOS SEITZ MOTION TO
CONSOLIDATE CASES FOR DISCOVERY AND TRIAL
AND NOW COME defendant, Nikolaos Seitz, by and through his counsel, Patrick J. Moran,
Esquire and file the foregoing Motion to Consolidate and in support thereof aver as follows:
1. All three cases arise from a fire which occurred on January 13, 2008 on Poplar Street,
Wormleysburg, Pennsylvania 17043.
2. USAA Casualty Insurance Company filed a lawsuit in the Court of Common Pleas of
Cumberland County, Civil Action No.: 2008-4006 as subrogee of Diana R. Loyer who owned
property and resided at 6 Poplar Street, Wormlesburg, Pennsylvania 17043.
3. Thomas Kiser filed suit in the Court of Common Pleas of Cumberland County at
Civil Action No.: 2008-04832. Mr. Kiser resided at 12 Poplar Street, Wormleysburg, Pennsylvania
17043.
4. Kathy M. Witters filed suit in the Court of Common Pleas of Cumberland County,
Civil Action No.: 2009-4259. Ms. Witters owned property and resided at 8 Poplar Street,
Wormleysburg, Pennsylvania 17043.
5. Pennsylvania Rule of Civil Procedure 213(a) provides:
In actions pending in a county which involve a common question of law or fact or which
arise from the same transaction or occurrence the court on its own motion or on the motion
of any party may order a joint hearing or trial of any matter in issue in the actions, may order
the actions consolidated, and may make orders that avoid unnecessary cost or delay.
6. All three actions involve the same claims, the same parties, the same witnesses and
arise out of the same set of operative facts.
7. These cases should be consolidated for purposes of discovery and trial in order to
avoid unnecessary costs to both the court and the parties and because all of the aforementioned
Complaints involve questions of law and fact, and arise from the same transaction or occurrence.
Rozonowski v Penn Nat'l Mutual Casualty Ins. Co., 343 Pa. Super 7 (1985); Lohmiller v.
Weidenbaugh, 302 Pa. Super 174 (1982).
8. The consolidation of these actions for discovery and trial will also avoid prejudice
which could result from multiple hearings and inconsistent rulings.
9. The undersigned counsel has conferred with counsel for all three plaintiffs and there
is no opposition to the instant Motion to Consolidate.
WHEREFORE, the defendant, Thomas Kiser, respectfully requests that the above cases be
consolidated for discovery and for trial.
Respectfully submitted,
Patrick J. M Wan, Esquire, Attorney for
Defendant, Nikolaos Seitz
FI T CF
OF THE P O "HO'NOTtiRY
2009 SEP 14 PM 2: 4 5
1i ?cppc 4 P,
e
SEP 15 2009
y
USAA Casualty Insurance
Company, a/s/o Diana R. Loyer
V.
Nikolaos C. Seitz
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
NO. 2008-4006
Jury Trial Demanded
Thomas Kiser COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V. Civil Action - Law
Nikolaos Seitz, et al. NO.: 2008-04832
Jury Trial Demanded
Kathy M. Witters COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
V.
NO.: 2009-4259
Nikolaos Seitz, Rebecca Krebs
and Devin Brewer Jury Trial Demanded
ORDER
AND NOW, this day of .ycy.4-4 - , 2009, it is hereby ORDERED and
DECREED that Defendants' Motion to Consolidate is GRANTED. It is further ORDERED and
DECREED that the matters are consolidated for purposes of Discovery and Trial under the action
docketed with this Court under Docket No. 2008-4006.
BY THE COURT:
BLED- 0'r"F= C
OF THE : A?Y
2009 SEP 16 All 10: C'S.,
tsl?lJ
Z? a 4, 1"All t r!
BENNETT, BRICKLIN & SALTZBURG LLP
BY: Kevin M. Blake, Esquire
Identification No. 77979
FIVE VALLEY SQUARE
SUITE 200
512 TOWNSHIP LINE ROAD
BLUE BELL, PA 19422
(267) 654-1100
THOMAS KISER and
VS.
NIKOLAOS SEITZ
DEVIN BREWER
REBECCA KREBS
AFFIDAVIT OF SERVICE
I, Kevin M. Blake, Esquire, being duly sworn according to law, deposes and says that he is
an attorney with Bennett, Bricklin & Saltzburg LLC, attorneys for the plaintiff in the above matter
and that pursuant to the provisions of Pa. R.C.P. 430, a true and correct copy of the Complaint was
served upon defendant Rebecca Krebs via the United States Postal Service, Certified Mail, Return
ATTORNEY FOR: Plaintiff
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA.
CIVIL ACTION
NO. 08-4832
Receipt Requested (No. 7000153000011811720.
Sworn to end subscribed
before me this 21*) day
of QarbQ,y , 2009
Notary Public
BENNETT, BRICKLIN & SALTZBURG LLC
BY:
KLWWM. AKE, ESQUIRE
Attorn for Plaintiff
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DeANN S. ALLEVA, Notary #
Whitpain Twp„ Montgomery Coo
Commission Expires Febn1 27, 2p10
?:
1 ??-•
FILL) .a ;?rr=1^c
THE- VL.
2009 OCT 30 PH 3: 28
UNITED STATES POSTAL SERVICE '."-. - - - &f ^
THOMAS, THOMAS & HAFER, LLP
by: Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street
6" Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
(717) 237-7105 fax
bfoland@tthlaw.com
THOMAS KISER,
Plaintiff
vs.
NIKOLAOS SEITZ, DEVIN BREWER
and REBECCA KREBS,
Defendants
Counsel for Defendant Rebecca Krebs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 08-4832
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter our appearance on behalf of Defendant Rebecca Krebs in the
above matter.
Respectfully submitted,
THOMAS, THOMAS & HAFER, LLP
by: ?• ???.o?-?- ?CJ'"
Brooks R. Foland, Esquire
I.D. No. 70102
305 North Front Street, 6th Floor
POB 999
Harrisburg, PA 17108-0999
(717) 255-7626
CERTIFICATE OF SERVICE '-?
AND NOW, this ,; 0 day of 200 9 I, Coleen M. Polek,
of the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and
correct copy of the foregoing document by placing a copy of the same in the United
States Mail, postage prepaid, to the following:
Kevin M. Blake, Esq.
Bennett, Bricklin & Saltzburg, LLP
Five Valley Square
Suite 200
512 Township Line Road
Blue Bell, PA 19422
Patrick J. Moran, Esq.
William J. Ferren & Associates
Ten Sentry Parkway, Suite 301
Blue Bell, PA 19422
Coleen M. Polek
756196.1
Fli D-;0i= #CG
OF THE W. wy
2009 NOY 24 AM 9: 16
Alry