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HomeMy WebLinkAbout14-4746 08/11/2014 15:07 7172340857 RES COMM PAGE 02102 Supreme C., " ann.sylvan.i.a Col] Q, o leas For ?rrlkhortirl�ai�'lJsti Cliir'y ._. ._ :: Cy i y J t DockerNo• C, County The infofnwion collected on this form is used solely for court administration purj)oses. This form does riot supplement ar re plave the f ling and,service o f loadings or other wpers as re aired),law or rules of court. Commencement of Action: Q Complaint Writ of Summons Q Petition Transfer from Another Jurisdiction [3Declaration of Taking K��7,4 5.:.. `:. Lead Plaintiff s Name: Lead Defendant's Namc: }' Bemard Reth and Sharon Reth Kusic Capital Group, LLC Dollar Amount Requested: Qwithin arbitration limits tl. Are money damages requested? x Yes ® No (check one) E]outside arbitration limits I� Is this a Class Action Suit? ®Yes x, No Is this an MD.IAppeal? E3 Yes ® No Name of Plaintiff/Appellant's Attorney: Michael D, Reed, Esquire d Check here if you have no attorney(arca Self-Represeuted (Pro Sed Litigant)) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your FRIMARYCASE. If you are making more than one type of claim.,check the one that you consider most important. TORT(do not include Macs Tort) CONTRACT(do not include Judgments) CTV>iL APPEALS I' E3 Intentional ❑ Buyer Plaintiff Administrative Agencies Q Malicious Prosecution 0 Debt Collection:Credit Card [3 Board of Assessment > ❑Motor Vehicle ® Debt Collection:Other ® Board of Elections Nuisance Dept.of Transportation Q.Premises Liability � Statutory Appeal: Other ❑ Product Liability(does not include mass tort} Q Employment Dispute: Discrimination Q SLanderfLibel!Defamation Other: © Employment Dispute: Other ❑ Zoning Board '-:C• Q Q Other: ® Other: MASS TORT ❑ Asbestos � `. © Tobacco © Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS "'. ❑ Toxic Waste ❑Ejectment Q Common Law/Statutory Arbitration ❑ Other; ®Eminent Domain/Condcmnation ❑ Declaratory Judgment El Ground.Rent Mandamus Q 1„andlord/Tenant Dispute Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIA,BLITY Q Mortgage Foreclosure:Commercial ❑Quo Warranto Q Dental © Partition Replevin Q Legal Q Quiet Title ❑Other: Q Medical ❑ Other: ® Other.Professional: Updated.71112011 ' v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BERNARD RETH and SHARON RETH 4025 Huffines Boulevard : Apartment 3129 Carrollton, TX 75010 Plaintiffs Case No. 1q- y7) q(P Civil Term V. Civil Action - Law KUSIC CAPITAL GROUP, LLC 4800 Linglestown Road Suite 103 Harrisburg, PA 17112 Jury Trial Demanded -'' Defendant -' { PRAECIPE FOR WRIT OF SUMMONS CD F-- - a C TO THE PROTHONOTARY/CLERK OF SAID COURT: - E5 _-. Issue summons in the above case. CD r Writ of Summons shall be issued and forwarded to ❑ Attorney ® Sheriff -,� - Michael D. Reed, Esquire Attorney I.D. #35193 c Caldwell & Kearns 3631 North Front Street gna u e of Attorney Harrisburg, PA 17110 -6 1 t5,'15 meal Phone: 717-232-7661 0l0-kx Date: August 8, 2014 0 1/ Ll 19�{3aa WRIT OF SUMMONS TO: KUSIC CAPITAL GROUP, LLC, Defendant YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. Prothonotary/Clerk, Civil Division Date: U Deputy 202742 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff �, at �rrri�l�c Ur t HE PRO THON0 �� f�' oat�titx_ Jody S Smith Chief Deputy 20111 AUG 26 fan (Q: Richard W Stewart CUMBERLAND COUNTY �� Solicitor ovfvmICEoSHERIFF PENNSYLVANIA Reth Bernard vs. Case Number Kusic Capital Group, LLC 2014-4746 SHERIFF'S RETURN OF SERVICE 08/12/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kusic Capital Group, LLC, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Writ of Summons according to law. 08/19/2014 09:35 AM - The requested Writ of Summons served by the Sheriff of Dauphin County upon Fayth Whiteman, Administrative Manager, who accepted for Kusic Capital Group, LLC, at 4800 Linglestown Road, Suite 103, Harrisburg, PA 17112. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.49 SO ANSWERS, August 25, 2014 (c) CountySuite Sheriff, Toleosoft, Inc. firt of c$kirt Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin 1'4'11 et^Y Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy BERNARD RETH AND SHARON RETH VS KUSIC CAPITAL GROUP, LLC Sheriffs Return No. 2014-T-2281 OTHER COUNTY NO. 2014-4746 And now: AUGUST 19, 2014 at 9:35:00 AM served the within WRIT OF SUMMONS upon KUSIC CAPITAL GROUP, LLC by personally handing to FAYTH WHITEMAN * 1 true attested copy of the original WRIT OF SUMMONS and making known to him/her the contents thereof at 4800 LINGLESTOWN ROAD, SUITE 104 HARRISBURG PA 17112 * ADMINISTRATIVE MANAGER Sworn and subscribed to before me this 21ST day of August, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, Sheriff of By D iuty Sheriff Deputy: W CONWAY Sheriffs Costs: $49.5 8/14/2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BERNIE and SHARON RETH and CASE NUMBER: 14-4746 ROBERT and VIRGINIA RETH, ISSUE NUMBER: Plaintiffs v. PLEADING: KUSIC CAPITAL GROUP, LLC, PRAECIPE FOR APPEARANCE Defendant CODE AND CLASSIFICATION: FILED ON BEHALF OF: KUSIC CAPITAL GROUP, LLC, Defendant. COUNSEL OF RECORD: STEVEN D. SNYDER, ESQUIRE Pa. ID# 34344 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 C) -7' rn C.() rn rn 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND. COUNTY, PENNSYLVANIA CIVIL DIVISION BERNIE and SHARON RETH and ROBERT ) CASE NO: 14-4746 and VIRGINIA RETH, ) ) Plaintiffs ) ) v. ) ) KUSIC CAPITAL GROUP, LLC, ) ) Defendant ) PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly enter my appearance on behalf of the Defendant, KUSIC CAPITAL GROUP, LLC, in the above -captioned matter. BY: Respectfully submitted, CIPRIANI & WERNER, P.C. •STEVEN D. SNYDER, E UIRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED KUSIC CAPITAL GROUP, LLC CERTIFICATE OF SERVICE That counsel for the Defendant, KUSIC CAPITAL GROUP, LLC, hereby certifies that a true and correct copy of its PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre -paid, according to the Pennsylvania Rules of Civil Procedure, on the / 7 day of , 2014. Michael D. Reed, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. STEV D. SNYDER, S Counsel for the Defendant, KUSIC CAPITAL GROUP, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION .c- :I= --- BERNIE and SHARON RETH and CASE NUMBER: 14-4746 -o G,) " ; ROBERT and VIRGINIA RETH, ; r_. ISSUE NUMBER: c�t3 -; c`� Plaintiffs-, ..(,�_ v. PLEADING: p t`' KUSIC CAPITAL GROUP, _LLC, PRAECIPE FOR RULE TO FILE A —' COMPLAINT Defendant CODE AND CLASSIFICATION: FILED ON BEHALF OF: KUSIC CAPITAL GROUP, LLC, Defendant. COUNSEL OF RECORD: STEVEN D. SNYDER, ESQUIRE Pa. ID# 34344 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BERNIE and SHARON RETH and ROBERT ) CASE NO: 14-4746 and VIRGINIA RETH, Plaintiffs ) 2 — _ )7) a .,-- m C.= CY, -.. V. ) = rn m r, 1 -• I -,.. 7.1,3 ) KUSIC CAPITAL GROUP, LLC, ) r— --- -Jr- - -1 ) < Defendant ) cZ c) . PRAECIPE FOR RULE TO FILE A COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly issue a Rule upon the Plaintiffs, BERNIE and SHARON RETH, and ROBERT and VIRGINIA RETH, directing Plaintiffs to file a Complaint within twenty (20) days of the service of the Rule or suffer the entry of a judgment of non pros. BY: Respectfully submitted, CIPRIANI & WERNER, P.C. CYP (1/1/1, STEVEN D. SNYDER, E&QUJRE Counsel for the Defendant, A JURY TRIAL IS DEMANDED KUSIC CAPITAL GROUP, LLC RULE TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendant in the above -captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Dated: q /8//l/ Thud -/ • Prothonotary - CERTIFICATE OF SERVICE That counsel for the Defendant, KUSIC CAPITAL GROUP, LLC, hereby certifies that a true and correct copy of its PRAECIPE FOR RULE TO FILE A COMPLAINT has been served on all counsel of record, by first class mail, postage •re -paid, according to the Pennsylvania Rules of Civil Procedure, on the /7 day of , 2014. Michael D. Reed, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. cs? STEVEN D. SNYDER, EUIR Counsel for the Defendant, KUSIC CAPITAL GROUP, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BERNIE and SHARON RETH and ROBERT and VIRGINIA RETH, Plaintiffs V. KUSIC CAPITAL GROUP, LLC, Defendant CASE NUMBER: 14-4746 ISSUE NUMBER: PLEADING: PRAECIPE TO FILE CERTIFICATE OF SERVICE TO PROTHONOTARY'S RULE TO FILE A COMPLAINT CODE AND CLASSIFICATION: FILED ON BEHALF OF: KUSIC CAPITAL GROUP, LLC, Defendant. COUNSEL OF RECORD: STEVEN D. SNYDER, ESQUIRE Pa. ID# 34344 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 .1- rn -u (..) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION BERNIE and SHARON RETH and ROBERT and VIRGINIA RETH, Plaintiffs v. KUSIC CAPITAL GROUP, LLC, Defendant CASE NO: 14-4746 PRAECIPE TO FILE CERTIFICATE OF SERVICE TO PROTHONOTARY'S RULE TO FILE A COMPLAINT TO: PROTHONOTARY OF CUMBERLAND COUNTY Kindly file the attached Certificate of Service evidencing that the Prothonotary's Rule to File a Complaint issued on September 18, 2014 has been served upon counsel for the Plaintiff on the date indicated therein. CIPRIANI & WERNER, P.C. BY: % /friAv E D. S YD R, ESQU Counsel for the Defendant, A JURY TRIAL IS DEMANDED KUSIC CAPITAL GROUP, LLC CERTIFICATE OF SERVICE I hereby certify that I have served the Prothonotary's Rule to File a Complaint, issued on September 18, 2014, upon counsel for the Plaintiff on the 22' day of September 2014, via certified mail at the following address: Michael D. Reed, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 • Respectfully submitted, BY: A JURY TRIAL IS DEMANDED CIPRIANI & WERNER, P.C. STEVEN D. SNYD R, ESQ Counsel for the Defendant, KUSIC CAPITAL GROUP, LLC CERTIFICATE OF SERVICE That counsel for the Defendant, KUSIC CAPITAL GROUP, LLC, hereby certifies that a true and correct copy of its PRAECIPE TO FILE CERTIFICATE OF SERVICE TO PROTHONOTARY'S RULE TO FILE A COMPLAINT has been served on all counsel of record, by first class mail, postage pre- aid, according to the Pennsylvania Rules of Civil Procedure, on the g L. day of , 2014. Michael D. Reed, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 BY: Respectfully submitted, CIPRIANI & WERNER, P.C. cSTE EN D. SNYDER, SQ Counsel for the Defendant, KUSIC CAPITAL GROUP, LLC BERNARD AND SHARON IN THE COURT OF COMMON PLEAS RETH, V. Plaintiffs KUSIC CAPTAL GROUP, LLC, Defendant CUMBERLAND COUNTY, PENNSYLg-AN1A No. 14-4746 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE -1 - Cw YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 BERNARD AND SHARON IN THE COURT OF COMMON PLEAS RETH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. KUSIC CAPTAL GROUP, LLC, Defendant No. 14-4746 CIVIL ACTION - LAW JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin ma's aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 or (800) 990-9108 BERNARD AND SHARON IN THE COURT OF COMMON PLEAS RETH, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. KUSIC CAPTAL GROUP, LLC, Defendant No. 14-4746 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT Now come Plaintiffs, Bernard Reth and Sharon Reth, husband and wife, and Robert Reth and Virginia Reth, husband and wife, through their counsel, Caldwell & Kearns, P.C. and make this Complaint, in support of which they aver as follows: 1. Plaintiffs Bernard Reth and Sharon Reth, husband and wife, are adult individuals. Plaintiff Sharon Reth is the designated attorney-in-fact of Plaintiff Bernard Reth, pursuant to a legal Power of Attorney. Plaintiff Sharon Reth resides at 94 Miry Brook Road, Hamilton Square, New Jersey, 08690. 2. Defendant Kusic Capital Group, LLC ("Kusic Capital Group") is a Pennsylvania limited liability corporation with a registered address of 4800 Linglestown Road, Harrisburg, PA 17112. 3. At all times pertinent hereto, Plaintiffs Bernard and Sharon Reth were the owners of the property located at 27 Richard Road in Hampden Township, Cumberland County, Pennsylvania ("Reth property"). 4. Immediately prior to the events from which this matter arises, Bernard Reth's son and daughter-in-law Robert and Virginia Reth and their child were residing in the house located at the Reth property as tenants, and were paying rent in the amount of $950.00 per month to Bernard and Sharon Reth pursuant to an oral lease agreement, which rental amount was to increase to $1,000.00 per month per that agreement beginning on November 1, 2012. 5. At all times pertinent hereto, Defendant Kusic Capital Group was the owner of a property at 3 Crossgate Drive in Hampden Township, Cumberland County, Pennsylvania, which property was located immediately to the east of the Reths' property at 27 Richard Road. 6. The property at 3 Crossgate Drive owned by Kusic Capital Group consisted of a large multi -story commercial office building and a large asphalt -paved parking lot to the west of the building. At the far western edge of the parking lot, a drainage swale runs in a south to north direction near the boundary between the Kusic Capital Group property and the Reth property. 7. At all times pertinent hereto, the Reth property and the Kusic Capital Group property were separated by a wooden fence, the bottom edge of which rests on ground level approximately along the boundary line between the two properties. 8. The purpose of the drainage swale on the Kusic Capital Group property was to carry surface and storm water runoff from the large asphalt -paved parking lot on the Kusic Capital Group property away from both that property and adjoining properties so as to prevent flooding or damage to such properties. 9. On the evening of August 14, 2012, the area in the immediate vicinity of the Kusic Capital Group property and the Reth property incurred significant rainfall over a short period of time, which resulted in a significant runoff of surface water from the parking lot on the Kusic Capital Group property into the drainage swale. 10. Prior to the occurrence of the significant rainfall in the evening of August 14, 2012, the drainage swale had become obstructed with vegetation, tree limbs, trash and various debris, and had also become shallower than it was originally designed to be through the 2 accumulation of sediment, all of which was caused by the failure of Kusic Capital Group to adequately maintain the drainage swale on its property. 11. The accumulation of sediment, vegetation and other debris in the drainage swale interfered with the proper functioning of the drainage swale on the evening of August 14, 2012, directly resulting in an overflow of the drainage swale which caused water to flow under the boundary fence and onto the Reth property, which further resulted in the flooding and destruction of the north and east foundation walls of the house on the Reth property and the flooding of the basement to the extent that approximately five feet of water were left standing in the basement after the flooding occurred. 12. Robert and Virginia Reth were present with their infant child in the property at the time of the flooding and were placed in grave danger by the structural damage to the house, such that they were required to immediately vacate the house and find temporary housing before moving permanently to another home. 13. As a direct and proximate result of the flood damage incurred on the evening of August 14, 2012, the Reth house became a total loss, such that the reconstruction and repair of the house would have been more expensive than the entire value of the property. 14. Accordingly, Plaintiffs Bernard and Sharon Reth placed the property on the real estate market and eventually sold the property for $70,000.00 in October 2014. COUNT I — BERNARD RETH AND SHARON RETH v. KUSIC CAPITAL GROUP, LLC — TRESPASS 15. The averments of Paragraphs 1 through 14 above are incorporated herein by reference as if fully set forth. 3 16. The entry of the surface water runoff from the Kusic Capital Group property onto the Reth property on August 14, 2012 constituted a trespass caused by the negligence of the Kusic Capital Group in failing to adequately maintain the drainage swale, allowing it to accumulate sediment, vegetation, trash and other debris which interfered with its ability to function as designed during the event on the evening of August 14, 2012. 17. As a direct and proximate result of the trespass upon the Reth property, Plaintiffs Bernard and Sharon Reth were damaged in an amount yet to be determined but exceeding $50,000.00 due to the loss of value to the Reth property, the loss of personal items stored at the property, the expenses of interim repairs and engineering costs, and the loss of rental income. WHEREFORE, Plaintiffs Bernard and Sharon Reth demand that judgment be entered in their favor and against Defendant Kusic Capital Group, LLC in an amount to be determined in excess of $50,000.00. COUNT II — NEGLIGENCE BERNARD AND SHARON RETH v. KUSIC CAPITAL GROUP, LLC 18. The averments of Paragraphs 1 through 17 above are incorporated herein by reference as if fully set forth. 19. Kusic Capital Group owed a duty of reasonable care in the maintenance of its property, including the drainage swale located thereon. Kusic Capital Group breached its duty by negligently failing to maintain the drainage swale on its property in the following respects: a. Failure to keep the drainage swale free of tree limbs, vegetation and other debris; 4 b. Failure to maintain the original depth of the drainage swale by allowing sedimentation to reduce that depth, thereby reducing the capacity of the swale to carry the designed amount of storm and surface water runoff; and c. Failure to provide an adequate drainage system to prevent the flow of surface water runoff onto the Reth property. 20. As a direct and proximate result of the negligence of Kusic Capital Group, Plaintiffs Bernard and Sharon Reth suffered damages in an amount to be determined but in excess of $50,000.00 for loss of value to the Reth property, loss of personal items stored at the property, interim repair costs and engineering costs, and loss of rental income. WHEREFORE, Plaintiffs Bernard and Sharon Reth demand that judgment be entered in their favor and against Defendant Kusic Capital Group, LLC in an amount to be determined in excess of $50,000.00. B Dated: December 12, 2014 Respectfully submitted, CALDWELL & KEA S, P.C. 5 Michael D. Reed, squire Attorney I.D. #35193 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiffs Bernard and Sharon Reth VERIFICATION I, Sharon Reth, have read the foregoing document and to the extent that it contains facts supplied by me, they are true and correct to the best of my personal knowledge, information and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this verification. I make this Verification subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: ) ()Li Sharon Reth CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Steven D. Snyder, Esquire Cipriani & Werner, P.C. 1011 Mumma Road Suite 201 Lemoyne, PA 17043 By: Dated: December 12, 2014 FL00020970 CALDWELL & ARNS, Michael D. Ree , Esquire Attorney I.D. #35193 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (fax) Attorneys for Plaintiffs Bernard and Sharon Reth