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HomeMy WebLinkAbout05-1912MICHELE L. ORNER and JEFFREY K. ORNER, Plaintiffs V. ROBERT H. SPARKS, JR. and JODENE SPARKS, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005- 191),- CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please issue a Writ of Summons against the defendants, SPARKS, and enter my appearance on behalf of the plaintiffs, ORNER. Please direct the Sheriff to serve the defendants as follows: Robert H. Sparks, Jr. Jodene Sparks 1550 Williams Grove Road, Lot 104 Mechanicsburg PA 17055 Respectfully submitted, Date: April 14, 2005 ROBERT H. SPARKS, JR. and J04ENE MICHELE L. ORNER and JEFFR y K. IRWIN & McKNIGHT By: Mar s A. Mc ht, III, Esquire 60 West Pomfret Street, Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 To: ROBERT H. SPARKS, JR. and JODENE SPARKS You are hereby notified that Michele L. Orner and Jeffrey K. Orner, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entere gainst you. PROTHO `ARY By:? /- D UTY Date:--A I R-t I , 2005 ? ? f? ( - ?, } ? j * ' C pv ? ? --? (?___ 1 v l ( (N c? ?:, ?. r. ?n cn ?? i ? .,-, r? _- ? s°' > c ? ? _:! ? , r: -r :'> ; ? n ?a •? 'A?. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff V. LAURA JANE KROUT AWA LAURA J. KROUT RICKY ALAN KROUT A1KJA RICKY A KROUT 4865 CREEKVIEW ROAD MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR COURT OF COMMON PL CIVIL DIVISION TERM NO.O-s - 1 Qr3 01'U CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice an 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 th 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 SERVICI TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 113474 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. He 4: 113474 L Plaintiff is MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject o this action, and nominee for the entity indicated below, which is the owner of the "tire beneficial interest in the mortgage: COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: LAURA JANE KROUT A/K/A LAURA J. KROUT RICKY ALAN KROUT A/K/A RICKY A KROUT 4865 CREEKVIEW ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 1 012 7/2 0 03 mortgagor(s) made, executed and delivered a mortgage upon the pren hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1843, Page: 652. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon mortgage due 11/01/2004 and each month thereafter are due and unpaid, and by the of said mortgage, upon failure of mortgagor to make such payments after a date spec by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 113474 6. The following amounts are due on the mortgage: Principal Balance $138,047.98 Interest 4,463.94 10/01/2004 through 04/12/2005 (Per Diem $23.01) Attorney's Fees 1,250.00 Cumulative Late Charges 167.28 10/27/2003 to 04/12/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 144,479.20 Escrow Credit 58.61 Deficit 0.00 Subtotal $- 58.61 TOTAL $ 144,420.59 The attorney's fees set forth above are in conformity with the mortgage documents ani Pennsylvania law, and will be collected in the event of a third party purchaser at Sheri Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/o Notice of Default as required by the mortgage document, as applicable, have been sent b the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plainti, or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum o $ 144,420.59, together with interest from 04/12/2005 at the rate of $23.01 per diem to the date o Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HAALLLIINAAN & SSCHMIEG, L P By: ranP - cis 3'Ha11ina L RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 113474 ALL THAT CERTAIN tract or parcel of land with the buildings improvements thereon erected, situate in Silver Spring Town Cumberland County, Pennsylvania, more particularly bounded described as follows, to wit: BEGINNING at an iron pin in the center line of Silver Spring R d, which point is one (1) mile east of the easterly line of Legislative Routs 210013 and at the easterly line of property w or late of Charles Messinger; thence along said Messinger prope ty, North 06 degrees 43 minutes East 560.50 feet to an iron pipe at the southerly line of property now or late of James Edinger; thenc along same South 79 degrees 04 minutes East, 130 feet to an iro pin on the westerly line of property now or late of Francis H. Allen and Mildred F.L. Allen, his wife; thence along said Allen property South 06 degrees 54 minutes 30 seconds Nest, 574.47 fe t to a spike in the said Silver Spring Road; thence along same North 72 degrees SO minutes 30 seconds Weer, 130 feet to a point, the pl ce of BEGINNING. BEING known as Lot No? 5, silver Spring Road. SUBJECT To restrictians as set forth in Deed Book S, Volume 15. 515 as aforesaid. BEING THE SAME PREMISES which Elmer E. Krout, Jr. and D_ Joanne Krout, husband and wife, by their deed dated March 20, 1995 and recorded April 4, 1995 in the Cumberland County Office of the Recorder of needs in Deed Book 120, Page 551 granted and convey to Ricky Alan Krout. PREMISES BEING: 30 SUNSET DRIVE. VERIFICATION MICHAF.,L D. VESTAL hereby states that he/she is VICE PRESIDENT HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he/she is authorised to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. relating to unworn falsification to authorities. DATE: 6 MICHELE L. ORNER and JEFFREY K. ORNER, Plaintiffs V. ROBERT H. SPARKS, JR. and JODENE SPARKS, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005- 1 q l a ,CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR REISSUANCE OF A WRIT OF SUMMONS TO CURTIS R. LONG, PROTHONOTARY: Please reissue a Writ of Summons against the defendants, ROBERT H. SPARKS, JR. and JODENE SPARKS, and enter my appearance on behalf of the plaintiffs, MICHELE L. ORNER and JEFFREY K. ORNER. Please direct the Sheriff to serve the defendants as follows: Jodene Sparks 1550 Williams Grove Road, Lot 104 Mechanicsburg PA 17055 Robert H. Sparks, Jr. York County Prison 3400 Concord Road York, PA 17402 By: Date: May 12, 2005 Respectfully submitted, IRWIN & Marcus McK III, Esquire 60 West mfret eet, Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No: 25476 To: ROBERT H. SPARKS, JR. and JODENE SPARKS You are hereby notified that Michele L. Orner and Jeffrey K. Orner, plaintiffs, have commenced an action against you which you are required to defend or a default judgment may be entered a t st you. ? K. PROTHON Y By.v 02, 0. D R UTY Date:, 2005 _., _ ` ; G? f`. _, `?? SHERIFF'S RETURN - REGULAR CASE NO: 2005-01912 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORNER MICHELE L ET AL VS SPARKS ROBERT H JR ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SPARKS JODENE DEFENDANT the at 1505:00 HOURS, on the 19th day of May , 2005 at 397 NIXON DRIVE ICSBURG. PA 17055 JODENE SPARKS by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 13.32 Affidavit .00 Surcharge 10.00 .00 29.32 Sworn and Subscribed to before me this ?o day of X110 A. D. iz C1 _ ? So Answers: R. Thomas Kline 06/13/2005 MARCUS MCKNIGHT ?j/l% f By: Deputy Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-01912 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ORNER MICHELE L ET AL VS SPARKS ROBERT H JR ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: SPARKS ROBERT H JR but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On June 13th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep York County 24.86 Postage .74 62.60 06/13/2005 MARCUS MCKNIGHT So answer;--' R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me a. 1 this .1a day of ,7ist? A.D. Prothonotary COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST, YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE 1"TRUCTK3NS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LM 1 TMU 12 DO NOT DETACH ANY COPES 1. PLAINTIFFIS/ 2 COURT NUMBER Michele L. Orner et al n5-1917 riviI 0. TYP E6 3 DEFENDANT/S/ WRIT OR COMPLAINT . i' Robert H. Sparks Jr et al Writ of Summons v' SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Robert H. Sparks Jr. 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORO, TWP, STATE AND ZIP CODE) AT York County Prison York, PA 7. INDICATE SERVICE- O PERSONAL U PERSON IN CHARGE U DEPUTIZE ? T. MAIL Q U 1ST CLASS MAIL U POSTED U OTHER NOW May 17 120--9-5 I, SHERIFF OF COUNTY, PAdo hereby dep t the sheriff of York COUNTY to execute I aFfd+makg?etur ,- ??cording to law. This deputization being made at the request and risk of the plaintiff. ` -' SHERIFF SHERIFF ` OF RWCOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WALL ASSIST IN EXPEDITING SERVICE. C? Clmlberland O.f ?O wI?L CAay"LbRU aAvav,cpt4 r-jez h ka, Please mail re rn of service to Cumberland County Sheriff. Thank you. NOTE: ORLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman. in custody of whomever is round in possession, after notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction. or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURES 10 T LEPHONE NUMBER 1 1 DATE FILED MQr"-.4 mc_Z)ta?t-ZZZ: fad -LO 12. SEND NOTICE OF SERVICE COPY rO NAME AND ADDRESS BELOW. (This area must be completed a notice is tribe maned) xna.e Itaavw ruts More Ur IrIL z"WWr - UU mul WMM NkLuw TMS "I6 13. 1 aUnovAedge receipt of the wrd 14 ]ATE(R}E( CEIVEO, Ali 11 or compMlot as indicated above. 16. HOW SERVED. PERSONAL RESIDENCE( ) POSTED ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O f hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18 NAME AND T OF IN NIDUAL 5 VED I IST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. D le o/ rvice 20 Tirpe !Service Date I Time I Miles I Int. I Date Int. I Date ]Time I Mlles I Int. 22. REMARKS: V 23. Vrrce,Costs LLXX?? 24. Service Costs -o? 25. N/F 26. Mileage N,x? 27. Postage 28. Sub Total a 29. Pound 30 Notary a.v? 31. Surchg. 32 Toll Costs a .8 33 Cas1> 5 ue It No. U. Foreign County Costs 35. Advance Costs 36. Service Costs 37 Notary Cert . 38. Mileage/PostagerNot Found 39. Total Costs 40. Costs Due or Refund 41 AFFIRMED and subscribed to before me this 1H S NSWERS . _. _., -J?ry?p_ 42 Day of J A 3 _ 44 Signature of Dep. Sheriff _ 45. n? 05? i MELc A lS' R I' 1 Pi ,b. TA 1 city or k [ I 46. Signature of York= County Sheriff U1- 1 D1 HOSE SHER r 6 47 DATE /8/05 48 Signature o Forego County Shen11 49 DATE 50. ACKNOWLEDGE RECEIPT OF THE SHER F RET RN SIG NATURE 51. DATE RECE IVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WNITE - Issomng Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - SherrRs Office MICHELE L. ORNER & JEFFREY K. ORNER, Plaintiffs vs Case No. 2005-1912 CIVIL TERM ROBERT H. SPARKS, JR. & JODENE SPARKS, Defendants Statement of Intention to Proceed To the Court: MICHELE L. ORNER & JEFFREY K. ORNER intendxto proceed with the above captioned matter. Print Name MARCUS A. Mc KNIGHT, III Sign. Name Date: OCTOBER 27, 2008 Attorney for PLAINTIFFS Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govem the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. C°? ?".? r?, ?7f ?_? ? ? ? ?? „ ?; v ?- . M ?: 4 ?- -- £? r ?.: MICHELE L. ORNER and : IN THE COURT OF COMMON PLEAS OF JEFFREY K. ORNER, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-1912 CIVIL TERM ROBERT H. SPARKS, JR., and JODENE SPARKS, CIVIL ACTION - LAW Defendants NOTICE TO DEFEND 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, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 MICHELE L. ORNER and : IN THE COURT OF COMMON PLEAS OF JEFFREY K. ORNER, , Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA V. 2005-1912 CIVIL TERM ROBERT H. SPARKS, JR., and JODENE SPARKS, CIVIL ACTION - LAW Defendants COMPLAINT AND NOW, this 10 day of July 2009, comes the Plaintiffs, MICHELE L. ORNER and JEFFREY K. ORNER, by their attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the defendants, ROBERT H. SPARKS, JR. and JODENE SPARKS: 1 The Plaintiffs are Michele L. Orener and Jeffrey K. Omer, adult individuals residing at 1485 Lutztown Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendants are Robert H. Sparks, Jr. and his wife, Jodene Sparks, adult individuals with an address of 3. On May 31, 2003, the Plaintiff, Michele Omer, along with her two children, Brandon Omer who was seven (7) years of age, and Shawn Omer who was three (3) years of age at the time of the collision. They were traveling north in the left lane of South Hanover Street, in the Borough of Carlisle, Cumberland County, Pennsylvania and attempted to make a left turn onto Noble Boulevard as the traffic signal turned yellow. 4. The Defendants, Robert H. Sparks, Jr. and his wife, Jodene Sparks, were traveling south in the right lane of South Hanover Street, in the Borough of Carlisle, Cumberland County, Pennsylvania. The driver, Robert H. Sparks, Jr., attempted to make a right turn onto Noble Boulevard as the traffic signal turned yellow. 3 5. The Defendant was two car lengths from the intersection as the Plaintiff entered the intersection on the yellow light. As the Defendant entered the intersection, he sped up and struck the Plaintiff's vehicle. 6. The Defendants fled the scene of the collision. 7. The Carlisle Borough Police Department located the Defendants' vehicle near I-81 which was facing northbound. 8. The driver, Robert H. Sparks, Jr., had his blood alcohol level tested at the Carlisle Hospital, and he was arrested for driving under the influence of alcohol and driving with a suspended license. 9. The actions of the Defendant were the proximate cause of the injuries to the Plaintiffs. 10. The Defendant was negligent, reckless and careless as follows: a. He failed to maintain her vehicle under proper control in an effort to avoid a collision; b. He was operating her vehicle in an unsafe and careless manner; C. He was not paying attention to traffic on the highway; d. He failed to drive his vehicle at a safe speed; and e. He failed to provide any warning of the pending collision to the Plaintiff. f. He was operating his vehicle while under the influence of alcohol and with a suspended license. 11. The Plaintiff seeks compensation for the pain and suffering, emotional distress, and loss of life's pleasures and injuries sustained in the accident as well as compensation for future losses she will incur in these areas from the Defendant. 4 12. The Plaintiff seeks compensation for the medical expenses which she has incurred and may incur in the future to treat her injuries and any lost income from her work which occurred or will occur as a result of the injuries she sustained in the accident. 13. The Plaintiff also seeks punitive damages for the Defendant's reckless indifference to the safety of others in operating his vehicle while under the influence of alcohol. 14. The Plaintiff, Jeffrey K. Omer, seeks compensation for loss of companionship and society as a consequence of the injuries sustained by his wife, Michele L. Omer. 15. The Plaintiffs also seek compensation for pain, suffering, and emotional trauma incurred by their two children as a direct cause of the reckless indifference of the Defendants. WHEREFORE, the Plaintiffs, Michele L. Omer and Jeffrey K. Omer, request compensation and punitive damages from the Defendants in the amount in excess of Twenty- Five Thousand and no/100 ($25,000.00) Dollars with punitive damages and interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & MCKNIGHT, P.C. By: M VPom ight, III, Esquire 6treet C ania 17013 (7 preme Court I.D. No. 25476 Date: July 14, 2009 Attorney for plaintiffs 5 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have head the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. MICHELE L. ORNER FFREY K. ORNER Date: July 14, 2009 6 MICHELE L. ORNER and JEFFREY K. ORNER, Plaintiffs V. ROBERT H. SPARKS, JR., and JODENE SPARKS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1912 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Jodene (Sparks) Rodilosso Robert H. Sparks, Jr. 28 Robin Court Mechanicsburg, PA 17055-4372 IRWI & McKNIGHT, P.C. By: rcus A. night, III, Esquire 60 West Pomfret Street lisle, PA 1 1133 ( 53 Supreme Court I.D. No. 25476 Date: July 14, 2009 7 Fl 1 r T}! L1 r" ?o, ,L!ht Michele L. Orner and Jeffrey K. Orner Plaintiffs vs Robert. H. Sparks, Jr. and Joden_e Sparks Defendants Case No. 2005 - l' 9 ] ?. Civil Statement of Intention to Proceed ~ a =,'~ .zi 3 ns ~ -~-, "fo the Court: vs ~ rv ~ c.: The. Plaintiff intends to proce ith the a ove captiottetl~attetQ~ ~~ ~ CS -r•, Print Name Marcus A. McKnight, III Sign Name __ ___ ~~, ~ ~ ~ ;' W ~ .. "`, - K Date: __October 26, 2012 Attorney for the Plaintiff ____________,______ Explanatory Comment 1'he Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive uses and amended Rule of Judicial Administration 1901.. Two aspects of the recommendation merit comment. I. Rufe o{civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of~ the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored Yo the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. "Phis rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1 ]04 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901.° Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated if the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viably: action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and :reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make; a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(21. 13. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been. the subject of inordinate delay. In such an instance, the aggrieved party may pursuc° the remedy of a common law non pros which exits independently of termination under Rule 230.2.