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HomeMy WebLinkAbout05-3545 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ" Id. No, 32227 FRANCIS S. HALLlNAN, ESQ., Id, No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHlLADELPHIA,PA 19103 (215) 563-7000 W ASHlNGTON MUTUAL BANK, FA, F/K1 A W ASHlNGTON SA VlNGS BANK, FSB 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 ATTORNEY FOR PLAlNTlFF v, Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS - .15"4 S G~;LY~ MURlS KARAMOVIC 2332 TELEGRAPH ROAD SAlNT LOmS, MO 63125 CUMBERLAND COUNTY Defendant 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 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, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990,9108 File #: 118782 File #: 118782 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 THA T TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HA VE 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. 1. Plaintiff is WASHINGTON MUTUAL BANK, FA, F/K/A WASHINGTON SAVINGS BANK, FSB 11200 WEST PARKLAND AVE. MILWAUKEE, WI 53224 2, The name(s) and last known address(es) of the Def,mdant(s) are: MURIS KARAMOVIC 2332 TELEGRAPH ROAD SAINT LOUIS, MO 63125 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3. On 03/3l/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE WASHINGTON SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1859, Page: 865, By Assignment of Mortgage recorded 12/16/04 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 713, Page 4075, 4, The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/Ol/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 118782 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2005 through 07/12/2005 (Per Diem $8.34) Attorney's Fees Cwnulative Late Charges 03/31/2004 to 07/12/2005 Cost of Suit and Title Search Subtotal $55,374.17 1,351.08 1,250.00 63,60 $ 550,00 $ 58,588,85 Escrow Credit Deficit Subtotal - 259,07 0.00 $- 259.07 TOTAL $ 58,329.78 7, The attorney's fees set forth above are in conformity with the mortgage docwnents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8, Notice oflntention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of I 983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the daters) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency, 9, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, 10. This action does not come under Act 6 of I 974 because the mortgage premises is not the principal residence of Defendant(s) , WHEREFORE, PLAINTIFF demands an in!!W Judgment against the Defendant(s) in the sum of$ 58,329.78, together with interest from 07/12/2005 at the rate of$8.34 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, PHELAN HALLINAN & SCHHEG, LLJ? By: 1,~~ HJ;?n~n 'rd2t~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff FiJe#: 118782 LEGAL DESCRIPTION ALL THAT CERTAIN unit designated as No, E-3, being a unit in Pheasant run Estates, a Condominium, located in north Middleton Township, Cumberland County, Pennsylvania, which unit is located on the Second Floor, Building VI, as designated in the Declaration of condominium recorded September 24, 1980 in the Office of the Recorder of Deeds for Cumberland County, in Miscellaneous Book 258, page 6, and in the Declaration Plans as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book Volume 38, page 112. TOGETHER with all right, title and interest, being .0059524% interest in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements, and restrictions, of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, code of Regulations and Declaration plans. BEING known and numbered as Unit C-212, 1422 Bradley Drive, Carlisle, Pennsylvania 17013, The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representative successors and assigns, by acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the common elements as may be accessed from time to time by the council in accordance with the Unit Property Act of Pennsylvania and the Uniform Condominium Act, and further covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that except in so far as said Acts may relieve a subsequent unit owner of the liability for prior unpaid assessments, this covenant shall run with the and bind the land or unit hereby conveyed and all subsequent owners thereof SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to aforedescribed tract of land, recorded or unrecorded. BEING THE SAME PREMISES which Douglas J. LaRue, single man, by Deed dated September 26, 1997, and recorded October 2, 1997, in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Record Book 165 Page 535, granted and conveyed unto Matthew S. Madeira. The said Matthew S. Madeira has since intermarried with Jody L. Madeira who joins in this conveyance to divest any and all interest in said premises. File#: 118782 VRRTFJCA nON FRANCIS S, HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. p, 1024 (c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon infonnation supplied by Plaintiff and are true and correct to the best of his knowledge, infonnation and belief Furthennore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. See, 4904 relating to unsworn falsification to authorities. 2/hP' DATE: ~/1d/) I FRANCIS S, HALLINAN, ESQUIRE Attorney for Plaintiff p ~ ~ lQ lI( U{ - - ~ 8 6' lv t8 ~ "" \t- o c:,') '-~ ~ !~. - CJ"' <0 : ~ r- , ~ n-::' "' ~ -- ,'" w -f.-- -,' .......z ,..~ " :; o -n .-1 :J'::-n Glp en =0c:) ".1,C? ~: ~; ~ (:~'? (') fT"n r:-? )0'. :-.0 .< a' 8 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03545 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS KARAMOVIC MURIS 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 KARAMOVIC MURIS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KARAMOVIC MURIS 1422 BRADLEY DRIVE CARLISLE, PA 17013 PER POST OFFICE, DEFENDANT'S ADDRESS IS 2332 TELEGRAPH ROAD ST LOUIS, MO 63125 Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 4.00 5,00 10.00 .00 37.00 so~nsw,er ., ,/,,"~ ,//.,'/'.' ez. /~ ' ,.; ~., -~ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 07/19/2005 Sworn and subscribed to before this .1J.M-<L day of ~ me ~6 A.D. ~ Q~ . d~notary Phelan Hallinan & Schmieg, L.L.P. By: Daniel G, Schmieg. Esquire No. 62205 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank, FA, FIK/A Washington Savings Bank, FSB COURT OF COMMON PLEAS CNIL DlVISION vs, Cumberland COUNTY Muris Karamovic NO. 05-3545 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service ofthe Complaint upon the above-captioned Defendant, Muris Karamovic. by first class mail and certified mail to the last known address and mortgaged premises, located at 1422 Bradley Drive, Unit C-212, Carlisle, PA 17013, arld in support thereof avers the following: 1, Attempts to serve Defendant, Muris Karamovic, with the Complaint have been unsuccessfuL The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 1422 Bradley Drive, Unit C-212, Carlisle, P A 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Post Office indicate:d the defendant moved to St Louis, Mo, 2, The Plaintiff's Process server attempted to serve the Defendant at the last known address, 2332 Telegraph Road, St Louis, MO 63125. As indicated by the Return of Service attached hereto as Exhibit "B", this is his ex-wife's house, The Server spoke with his daughter who stated that the defendant moved 45 days ago, but could no provid~ a new address, 3. Pursuant to Pa.R.C.P, 430, Plaintiff has made a good faith effort to locate the Defendant An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C", 4. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of August 11,2005 to bring loan current 5. Plaintiff submits that it has made a good faith effort to locate the defendant, but has been unable to do so, WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.c.p. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. B~- Danie . chmieg, Esquire Attorney for Plaintiff Date: August 11,2005 Phelan Hallinan & Schmieg, LLP, By: Daniel G, Schmieg, Esquire No, 62205 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank, FA, F/KIA Washington Savings Bank, FSB vs. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO" 05-3545 Moos Karamovic MEMORANDUM OF LAW Pa. R.c'P, 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service, The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made, Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales Y5. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Noticc~ of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adontion of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 CP.R Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriff's Return of St:rvice, attached hereto and marked as Exhibit "A" and Plaintiffs Process Server's Return of Service attached hereto and marked Exhibit "B", the complaint was not able to be served. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the: attached Affidavit of Reasonable Investigation, marked Exhibit "C", WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to PaRC.P, 430 directing service of the Complaint by first class mail and certified maiL Respectfully submitted, Phelan Hallinan & Schmieg, LLP. B~~~ Danie , Schmieg~squire Attorney for Plaintiff Date: August II, 2005 SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-03545 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS KARAMOVIC MURIS 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 KARAMOVI C MURI S but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KARAMOVIC ~lURIS 1422 BRADLEY DRIVE CARLISLE, PA 17013 PER POST OFFICE, DEFENDANT'S ADDRESS IS 2332 TELEGRAPH ROAD ST LOUIS, MO 63125 Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 4,00 5.00 10.00 .00 37.00 S~~ ,/ ~ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 07/19/2005 Sworn and subscribed to before me this day of A.D. Prothonotary AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY(MMT) PLAINTIFF FSB DEFENDANT MURIS KARAMOVIC W ASIDNGTON MUTUAL BANK, FA, FfKJA WASIDNGTON SAVINGS BANK, SERVE AT: 2332 TELEGRAPH ROAD SAINT LOUIS, MO 63125 TYPE OF ACTION xx. Mortgage Foreclosure xx. Civil Actiou NO. 05-3545 File Number 11117112 SF,RVFD Served and made known to MORIS K A R A MOVIC Defendant on the _ day of o'clock, _" M., at , City in the manner described below: _Defendant personally served, _Adult family member with whom Defendant(s) residers), Relationship is _Adult in charge ofDefendan!'s residence who refused to give name/relationship, Manager/Clerk of place oflodging in which Defendant(s) residers) _Agent or person in charge of Defendant's office or usual place of business, and officer of said defendant company, , 20_, at Other: I, , a competent adult, being duly sworn according to law, depose and state that I personally handed to _ a true and correct copy of the issued in the captioned case on the date and at the address indicated above, Sworn to and subscribed Before me this _ day Of ,20_, Notary: Sprvprl Ry: On the 28 day of July ,M" Defendant NOT FOUND because: X Moved Unknown No Answer Vacant Other: 'TIITS is IUs ex I shouse - we spoketOlris dau~r sald he ll'DVecl abOut 45 days ago. , Sworn to and subscribed \, \ ~~~ :JC.. ,2~t Not Served RY:~ Notary:~~~ KELLEY A. BANNISTER NotarY. PUblic - NotarY. S..I STA"r;E OF MISSOUlU St. Louis Counlll My Commi..lon Expires: May IJ,'" NO~ SRRVRD 200 at 3:37 o'clock , -' Phelan Hallinan & Schmieg, L Attorneys For Plaintiff Francis S, Hallinan, Esquire - LD,#62695 Suite 1400- One Penn Ct:nter Plaza at Suburban Station Philadelphia, PA 19103..1799 (215)563-7000 FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 118782 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Muris Karamovic Current Address: 1422 Bradley Drive, Carlisle, PA 17013 Property Address: 1422 Bradley Drive, Carlisle, PA 17013 Mailing Address: 1422 Bradley Drive, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Muris Karamovic - 072-90-6298 B. EMPLOYMENT SEARCH Muris Karamovic - A review of the credit reporting agencies provided no employment information. C INQUIRY OF CREDITORS Our inquiry of creditors indicated that Muris Karamovic residers) at: 1422 Bradley Drive, Carlisle, PA 17013, II. INQUIRY OF TELEPHONE COMPANY A DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which could not locate an address or phone number for Muris. On 6/21/05 our office made a telephone call to 717- 386-0345 and received the following information: Recording stated that there is Privacy ID Service on this number and they will not accept our call. IIL INQUIRY OF NEIGHBORS On 6/23/05 our office attempted to contact Brian G. Kotska, 717-249-0172, 1422 Bradley Drive, Carlisle, PA 17013: spoke with an unidentified male who confirmed that the subject no longer residers) at 1422 Bradley Drive, Carlisle, P A 17013 and moved out 3 months ago, He also stated that there are various late payment notices on Muris Karamovic's door. IV. ADDRESS INQUIRY A NATIONAL ADDRESS UPDATE On 6/23/05 we reviewed the National Address database and found the following information: Muris Karamovic- 1422 Bradley Drive, Carlisle, P A 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file, V, DRIVERS LICENSE INFORMATION A MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Muris Karamovic, VI. OTHER INQUIRIES A DEATH RECORDS As of 6/23/05 Vital Records and all public databases have no death record on file for Muris Karamovic, B, COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Muris Karamovic residing at: last registered address, VII. ADDITIONAL INFORMATION OF SUBJECT A DATE OF BIRTH Muris Karamovic - unknown . All accessible public databases have been checked and cross-referenced for the above named individual(s). . Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true, I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa CS, See. 4904 relating to unsworn falsification to authorities, 1ueJ.--- ~~ AFFIANT - Brendan Booth Foreclosure Review Services, Ine. Sworn to and subscribed before me this 23'd day of June 2005, The above information is obtained from available public records and we are only liable for the cost of the affidavit. LMT COMMONWEALTH OF PENNSYLVANIA Notarial Seal . Kimberly A. Harto, Notary ~ubhc City ofPhillidelphia, p~i1adelphla9CzOW? My Commission Expires Jan. 2 , Member. Pennsylvania Association of Notaries I ' /~ i \ ' 'rlll~~~i.<\'\~ VERIFICATION Daniel G, Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements mad(: are subject to the penalties of 18 Pa, C.S. Sec, 4904 relating to unsworn falsification to authorities, Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. ~' ? By: --, -, Danie ,chmieg, Esquire Attorney for Plaintiff Date: August 11, 2005 -', t4'~ .'./ <, ~z ,rf1 <,", -~,- r",:~. 'Y~~ :? ' YC". ~ ~ 'if. Y'" (:::: G-" - r.:> ..." ~ Q, .-I ~7J _0'1" ~5}C) OC'"'.) ~.~ .\', l.......,:'\ ~'-~C:.') "7':~~l ,T' ':::.~ ~. ~ ~? ", 0' Phelan Hallinan & Schmieg, L.L.P. By: Daniel G, Schmieg, Esquire No, 62205 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank, FA, FIK/A Washington Savings Bank, FSB COURT OF COMMON PLEAS CIVIL DIVISION Vs. Cumberland COUNTY Muris Kararnovic NO. 05-3545 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy ofthe foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Muris Karamovic at: 1422 Bradley Drive, Unit C-212 Carlisle,PA 17013 2332 Telegraph Road Saint Louis, MO 63125 The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S, S4904 relating to unsworn falsification to authorities, Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P, Date: August 11, 2005 B~ Daniel G, Schmieg, Esquire Attorney for Plaintiff Q ~" ""1:J0~: G;3L;- 7:i.~ 0:::' r.;:'~ l~~ ~l ~ ~ ",. c:: G'1 - Q, d :;1:;..,-\ rnf" "]te qC> --4 -\"; "::r:4, r~).-' '"Q 1,~1" ';-;-'-\ 'j.~ ~ N -0 3: Cf? N <:1' 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 WASHINGTON MUTUAL BANK, FA, F/KJ A WASHINGTON SAVINGS BANK, FSB Plaintiff vs, MURIS KARAMOVIC Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No, 05-3545 CIVIL TE PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO TIIE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: August II. 2005 /mmt, Svc Dept File# 118782 PHELAN HAL;:" jlHMIEG, LLP By: ~kJ ~ A~ FRANCIS S, HALLINAN, ESQUIRE LAWRENCE T, PHELAN, ESQUIRE DANIEL G, SCHMIEG, ESQUIRE Attorneys for Plaintiff ~ S2t~:' z:'- (f) --<-:.- r;>i, -:-' ~~; C ~.C' )>f.:~ ~ ';:::5 = GJ' ~ <:0') N -0 :z: ~ N c.n o -n ~:!l .-:: """8 :0 , 0"" ~~<;i')( _,,..-"1 ,)~, ZC') om ,-I ~ :..:: Phelan Hallinan & Schmieg, L.L.P, By: Daniel G, Schmieg, Esquire No, 62205 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attomt:y for Plaintiff Washington Mutual Bank, FA, F /KIA Washington Savings Bank, FSB COURT OF COMMON PLEAS CNIL DNISION vs, Cumberland COUNTY Moos Karamovic NO. 05-3545 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.LP" moves this Honorable Court for an Order directing service of the Complaint upon the above.,captioned Defendant, Muris Karamovic, by first class mail and certified mail to the last known address and mortgaged premises, located at 1422 Bradley Drive, Unit C-212, Carlisle, PA 17013, and in support thereof avers the following: 1, Attempts to serve Defendant, Moos Karamovic, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 1422 Bradley Drive, Unit C-2l2, Carlisle, P A 17013, As indicated by the Sheriff's Return of Service attached hereto as Exhibit "A", the Post Office indica.ted the defendant moved to St Louis, Mo, 2, The Plaintiffs Process server attempted to serve the Defendant at the last known address, 2332 Telegraph Road, St. Louis, MO 63125, As indicated by the Return of Service attached hereto as Exhibit "B", this is his ex-wife's house, The Server spoke with his daughter who stated that the defendant moved 45 days ago, but could no provide a new address, 3. Pursuant to PaKC.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4, Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of September 30,2005 to bring loan current. 5, Plaintiff submits that it has made a good faith effort to locate the defendant, but has been unable to do so, WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa,RC.P. 430 directing service of the Complaint by first class mail and certified maiL Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. BY:~~ Dan~:g, Esquire Attorney for Plaintiff Date: September 30, 2005 Phelan Hallinan & Schmieg, LLP, By: Daniel Q, Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank, FA, F/KIA Washington Savings Bank, FSB vs, COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 05-3545 Muris Karamovic MEMORANDUM OF LAW Pa. RC.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made, Note: A Sheriff's return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment Gonzales YS. Polis, 238 Pa. Super. 362. 357 A.2d 580 (1976). "Nolice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adootion of Walker, 468 Pa. 165, 360 A,2d 603 (I 976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Infonnation Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A" and Plaintiffs Process Server's Return of Service attached hereto and marked Exhibit "B", the complaint was not able to be served, A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa,R.C.P. 430 directing service of the Complaint by first class mail and certified maiL Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. BY~;; D~~eg, Esquire Attorney for Plaintiff Date: September 30, 2005 CASE. NO: 2005-03545 P 'COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS KARAMOVIC MURIS 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 KARAMOVIC MURIS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KARAMOVIC MURIS 1422 BRADLEY DRIVE CARLISLE, PA 17013 PER POST OFFICE, DEFENDANT'S ADDRESS IS 2332 TELEGRAPH ROAD ST LOUIS, MO 63125 Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 4.00 5.00 10.00 .00 37.00 S~~ R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 07/19/2005 Sworn and subscribed to before me this day of A.D. Prothonotary AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY(MMD PLAINTIFF FSB DEFENDANT MURlS KARAMOVIC WASIDNGTON MUTUAL BANK, FA, FIK/A WASHINGTON SAVINGS BANK, SERVE AT: 2332 TELEGRAPH ROAD SAINT LOUIS, MO 63125 TYPE OF ACTION xx. Mortgage Foreclosure xx. Civil Action NO. 05-3545 File Number 11117112 SRRVRD Served and made known to MllRTS J( A R A MOVTr Defendant on the _. day of o'clock, _' M" at , City in the manner described below: _Defendant personally served, _Adult family member with whom Defendant(s) reside(s), Relationship is _Adult in charge of Defendant's residence who refused to give name/relationship, Manager/Clerk of place oflodging in which Defendant( s) reside(s) _Agent or person in charge of Defendant's office or usual place of business, and officer of said defendant company. , 20_, at Other: -' T, , a competent adult, being duly sworn according to law, depose and state that T personally handed to _ a true and correct copy of the issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed Before me this _ day Of ,20_, Notary: Sp.TVPd By: On the 28 day of July .M" Defendant NOT FOUND because: X Moved Unknown No Answer Vacant Other: 'Tfii:S is hIs ex 's house - we spoke ~s dauc scuC1 he lOCIVeC1 about 45 days ago. ; Sworn to and subscribed \ ' Befo~re the :J.q dar Nnt Served l\y:~ Of _ ,200) Notary:~~~ KELLEY A. BANNISTER NotalY. Public - Notal'l! aaa. STATf OF MISSOllIU 'St. Louis Counl;lC My CommissIon Expi"s: MI9 u.... N~T SF.R~'!t 20 5 at 3: 7 o'clock , -, Phelan Hallinan & Schmieg, L Attorneys For Plaintiff Francis S, Hallinan, Esq\llire- I.D,#62695 Suite 1400. One Penn C(:nter Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 FORECLOSURE REVIEW SERVICIES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 118782 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Muris Karamovic Current Address: 1422 Bradley Drive, Carlisle, PA 17013 Property Address: 1422 Bradley Drive, Carlisle, PA 17013 Mailing Address: 1422 Bradley Drive, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the wher,eabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Muris Karamovic - 072-90-6298 B. EMPLOYMENT SEARCH Muris Karamovic - A review of the credit reporting agencies provided no employment information, C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Muris Karamovic reside(s) at: 1422 Bradley Drive, Carlisle, PA 17013, II. INQUIRY OF TELEPHONE COMPANY A, DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which could not locate an address or phone number for Muris, On 6/21/05 our office made a telephone call to 717- 386-0345 and received the following information: Recording stated that there is Privacy ID Service on this number and they will not accept our call. IlL INQUIRY OF NEIGHBORS On 6/23/05 our office attempted to contact Brian G. Kotska, 717-249-0172, 1422 Bradley Drive, Carlisle, P A 17013: spoke with an unidentified male who confirmed that the subject no longer reside(s) at 1422 Bradley Drive, Carlisle, P A 17013 and moved out 3 months ago. He also stated that there are various late payment notices on Muris Karamovic's door. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 6/23/05 we reviewed the National Address database and found the following information: Muris Karamovic-1422 Bradley Drive, Carlisle, PA 17013, B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Muris Karamovic, VI. OTHER INQUIRIES A DEATH RECORDS As of 6/23/05 Vital Records and all public databases have no death record on file for Muris Karamovic, B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Muris Karamovic residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A DATEOFBIRTH Muris Karamovic - unknown * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true, I am aware that if any of the foregoing states made by me are wilUuIly false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa CS. See. 4904 relating to unsworn falsification to authorities. ~~~ AFFIANT - Brendan Booth Foreclosure Review Services, Ine. Sworn to and subscribed before me this ZYd day of June 2005. The above information is obtained from available public records and we are only liable for the cost of the affidavit. LMT COMMONWEALTH OF pENNSYLVANIA Notarial Seal . Kimberly A, Hafto, NotarY Pubhc City ofPhihidelphia, P~i1adelphl~ <i'1X:7ty My Commission Expires Jan. 2 , Membef. Pennsytvania AssodatiOn of Notaries ~~~~Cl.~~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information alld belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities, Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P, ~-=-. By: Q Daniel ,Schmieg, Esquire Attorney for Plaintiff Date: September 30, 2005 n c ;.-- ~; ", ,~;'t ,-, t'J -"-I I W :!::: o ," ..... :CI1 rll-- ;~::,tj -~; (';.~ ~r" " -'-l.:;~_~ ~! ~\,-n .~ 5j 0'\ "< WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: Christine E. Munion, Esquire Attorney LD, No, 72724 100 West Elm Street, Suite 200 Conshohocken, P A 19428 (610) 397-4600 Attorney for Defendant, Silver Spring Township Brent Miller COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 05 - 3213 CIVIL TERM Harold 1. and Virginia R. Wilbur And Daniel Gregory and Cathy 1. Witmer And Brian C. and Denise S, Brooks and Silver Spring Township DEFENDANT SILVER SPRING TOWNSHIP'S MOTION FOR LEAVE TO JOIN AS ADDITIONAL DEFENDANTS S. JOANNE WILBUR, PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT WILBUR, DECEASED and DONALD D. DIMOV Defendant, Silver Spring Township by and through its counsel, Christine E. Munion, Esquire of the law firm of William J, Devlin, JI. & Associates files the within Motion for Leave to Join Additional Defendants, S. Joanne: Wilbur, Personal Representative of the Estate of Robert Wilbur, Deceased and Donald D, Dimov and avers as follows: I. On June 23, 2005, Plaintiff filed a Writ of Summons against Defendant Silver Spring Township (hereinafter "the foundation"), Se,. Complaint attached hereto and incorporated herein as Exhibit "A" 2, On August 8, 2005, Plaintiff filed the Complaint in the above-captioned matter, 3, In his Complaint, plaintiff alleges that he was injured when he was involved in a motor vehicle accident with Robert Wilbur on June 25, 2003. 1 4, During this motor vehicle accident Plaintiff was operating his motorcycle on Hempt Road in Silver Spring Township when he struck Robert Wilbur who was attempting to make a left hand turn onto Hempt Road. 5, Subsequent to the June 25,2003 accident, Robert Wilbur died and S, Joanne Wilbur is the personal representative ofMr, Wilbur's estate. 6, The Complaint alleges that plaintiff suffered injuries as a result ofthe negligence of defendant Silver Spring Township, 7, Plaintiff avers that Silver Spring Township either owned or possessed real property near to where this accident occurred and allowed vegetation to grow which restricted the site distance for persons attempting to enter Hempt Road, 8, Defendant filed an Answer and New Matter and New Matter Cross. claim to plaintiffs Complaint denying it was negligent or that it owned or possessed real property along Hempt Road in Silver Spring Township. Sl~ Answer to Complaint attached hereto and incorporated herein as Exhibit "B." 9, As an operator of a motor vehicle that was involved in this accident, Robert Wilbur, by and through his estate may be legally responsible for the injuries and damages alleged in Plaintiffs Complaint 10, S. Joanne Wilbur, personal Representative of the estate of Robert Wilbur, Deceased may be solely responsible to the plaintiff and/or liable over to defendant Silver Spring Township by way of contribution for plaintiffs alleged injuries, II. Donald D, Dimovas an owner of real prop,~rty near to where this accident occurred is at least partially, if not fully responsible for the accident occurring on June 25, 2003, 2 12. Donald D, Dimov may be solely responsible to the plaintiff and/or liable over to defendant Silver Spring Township by way of contribution for plaintiff s alleged injuries, 13, Attached hereto and incorporated herein as Exhibit "C" is Defendant Silver Spring Township's proposed joinder complaint 14, There is no prejudice to any party by the joinder of S, Joanne Wilbur, personal Representative of the estate of Robert Wilbur, Deceased and Donald D, Dimov since these parties were named as defendants in another related lawsuit (Cumberland County Court of Common Pleas No, 05-2196.) 15, It is anticipated that a Motion to Consolidate: these two suits will be filed in the near future. 16, There is sufficient time to conduct discovery, WHEREFORE, Defendant Silver Spring Township respectfully requests this Court to grant its Motion for Leave to File a Complaint and Join the Additional Defendants, Respectfully submitted, BY J. DEVLIN, Jr. & ASSOCIATES -------- C 's' , n, Esquire ttorney for Defendlffit, Silver Spring Township 3 WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: Christine E. Munion, Esquire Attorney LD. No. 72724 100 West Elm Street, Suite 200 Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendant, Silver Spring Township Brent Miller COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 05 - 3213 CIVIL TERM Harold J. and Virginia R. Wilbur And Daniel Gregory and Cathy L. Witmer And Brian C. and Denise S, Brooks and Silver Spring Township MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT SILVER SPRING TOWNSHIP'S PETITION FOR LEAVE TO JOIN S. JOANNE WILBUR, PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT WILBUR, DECEASED AND DONALD D. DIMOV AS ADDI1rIONAL DEFENDANTS I. FACTS On June 25, 2003 Plaintiff was operating a motorcycle on Hempt Road in Silver Spring Township when he struck Robert Wilbur who was attempting to make a left hand turn onto Hempt Road. Subsequent to the June 25, 2003 accident, Robert Wilbur died and S, Joanne Wilbur is the personal representative ofMr, Wilbur's estate, The Complaint alleges that plaintiff suffered injuries as a result of the negligence of defendant Silver Spring Township, Specifically, Plaintiff avers that Silver Spring Township either owned or possessed real property near to where this accident occurred and allowed vegetation to grow which restricted the site distance for persons attempting to enter Hempt Road. Defendant Silver Spring Township denies that it was negligent or that it owned or possessed real property along Hempt Road in Silver Spring Township. 4 II. LEGAL ARGUMENT Pursuant to Pa, R.C.P., 2252(a), a party is entitled to join as an additional defendant, a person or other entity not a party to the action. Pa, R.C,P " 2253 requires that leave of Court be obtained to file the Praecipe for Writ to Join or a Complaint if more than sixty (60) days has passed since the original defendant was served with process. "Joinder should be granted when it can 'simplify and expedite the disposition of matters involving numerous parties without subjecting the original plaintiff to umeasonable delay in the prosecution of his portion of the litigation,'" Lawrence v, Meeker, 717 A2d 1046, at 1048 citing to Zakian v. Liliestrand, 438 Pa, 249, 256, 264 A.2d 638, 641 (1970). The joinder of S, Joanne Wilbur, Personal Representative of the Estate of Robert Wilbur, Deceased and Donald D. Dimov is based on proper grounds. At all times relevant hereto, Robert Wilbur, now deceased was involved in the motor vehicle accident that is the basis for Mr, Miller's complaint. In fact, Mr. Wilbur struck Mr. Miller while attempting to make a left hand turn, It is believed and therdore averred that Mr. Robert Wilbur, through his estate was negligent as more fully described in defendant's proposed joinder complaint attached hereto and incorporated herein as Exhibit "C." Donald D, Dimov owned property at or near to where this motor vehide accident occurred and may be responsible for this accident as more fully described in defendant's proposed joinder complaint. The Estate of Robert Wilbur and Donald D. Dimov will not be prejudiced by this joinder complaint since these two defendants were named in a related law suit, Cumberland County Court of Common Pleas 05-2196 that was filed on or about April 27, 2005, Under such circumstances, where there is no prejudice to the parties and the 5 defendant has acted in a timely manner, joinder should be permitted, Lamoree v. Penn Cent. Transp, Company 357 A2d 595 (1976), For the foregoing reasons, Silver Spring Township respectfully requests this Court to grant its Motion and to issue an Order allowing the joinder of an additional defendant. Joinder in this matter should be granted because it will simplify and expedite the disposition of this matter without subjecting plaintiff to unreasonable delay in the prosecution of this litigation, WILLIAM J. DEVLIN, JR. & ASSOCIATES By: 6 VERIFICATION I, Christine E. Munion, Esquire hereby verify that I am a counsel for Defendant, Silver Spring Township and I am authorized to take this Verification on behalf of Defendant. I have reviewed the foregoing Motion for Leave to Join as Additional Defendants, S, Joanne Wilbur, Personal Representative ofthe Estate of Robert Wilbur, Deceased and Donald D, Dimov, and the statements contained therein are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa, C.S.A. ~4904, relating to unsworn falsification to authorities, DATE: WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: Christine E, Munion, Esquire Attorney LD, No, 72724 100 West Elm Street, Suite 200 Conshohocken, P A 19428 (610) 397-4600 Attorney for Defendant, Silver Spring Township Brent Miller COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 05 - 3213 CNIL TERM Harold J, and Virginia R. Wilbur and Daniel Gregory and Cathy 1.. Witmer: And Brian C. and Denise S, Brooks and Silver Spring Township JURY TRIAL DEJ\1ANDED CERTIFICATE OF SERVICE I, Christine E. Munion, Esquire, counsel for Defendant, Silver Spring Township, hereby state that a true and correct copy of the foregoing Motion for Leave to Join as Additional Defendants was served on the counsel below on~, 2005, by placing a copy of same in the United States regular first -class mail, first -class postage prepaid. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, P A 17025 Attorney for Plaintiff Christopher M, Reeser, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, P A 17122 Attorney for Co-Defendants, Harold J, and Virginia R Wilbur Thomas E. Brenner, Esquire P.O, Box 1268 Harrisburg, P A 17108-1268 Attorney for Co-Defendants, Cathy Witmer and Daniel Gregory Witmer Bryan C. and Denise S, Brooks 213 Hempt Road Mechanicsburg, PA 17050 Co-Defendant Jeffrey Shipman, Esquire 301 Market Street P.O. Box 109 Lemoine, P A 17043 RolfE. Kroll, Esquire MARGOLIS & EDELSTEIN 3510 Toodle Road Camp Hill, P A 17011 ~~&~=~ By; Christine . ])1uriion, Esquire Attorney for Defendant, Silver Spring Township . SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attome 5 for Plaintiff ..... = = <= ".. c:: G1 BRENT MILLER, Plaintiff (") c ~ ""'Ocu q:u~ z~c ~~~ r:i'::i <- v ~i) .0::::. .- ~_(_l ~c: 7' 3. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. HAROLD J. AND VIRGINIA R. WILBUR, DANIEL GREGORY AND CATHY L. WITMER, BRYAN C. AND DENISE S. BROOKS AND SILVER SPRING TOWNSHIP, Defendants NO. 05-3213 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 REDUCE FEE OR NO FEE, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1-800-990-91 08 G:\GlOBAl\WPDATA\OQCS\T1M CASE FILES- OPEN\Miller, Brent\Pleadings\ColT\'lainl 08-05 (dlbJ.doc: -u :x ~ . ) U) ~ ~:!l ~~ :r!:fj On 2m ~ ?x5 -< S~OLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff BRENT MILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 05-3213 CIVIL TERM HAROLD J. AND VIRGINIA R. WILBUR, DANIEL GREGORY AND CATHY L. WITMER, BRYAN C, AND DENISE S. BROOKS AND SILVER SPRING TOWNSHIP, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED : ':$r0::';'T::~":'r;2:;~~:{o;;; ;~NOT!CIA' :::~.';<!;t.\,,;_~' ':;i~_,';ji:- ,/ .,'''.;: USTED HA SIDO DEMANDADO/A EN CORTE. S usted deslla defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dlas despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 pOl' medio de un abogado una comparecencia escrita y radicando en la Corte pOl' escrito sus defensas de, y objeciones a, las demandas presentadas aqul en contra's"uya, Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede procedE!!' sin usted y un fallo pOl' cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado pOl' el demand ante puede ser dictado en contra suya poria Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted, USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE, SI USTED NO TIENE UN ABOGADO. VAYA A 0 LLAME POR TELEFONO LA OFICINA DISPUESTA ABAJO, EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO, Sl USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE LAS AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CORGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN, Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 1-800-990-9108 G:\GLOBAl\WPDATA\OOCS\TIM CASE FILES- OPEN\Miller, Brent\Pfeadings\Col'f'9Isinl OB-CS 100bl.doe SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff BRENT MILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 05-3213 CIVIL TERM HAROLD J. AND VIRGINIA R. WILBUR, DANIEL GREGORY AND CATHY L. CIVIL ACTION - LAW WITMER, BRYAN C. AND DENISE S. JURY TRIAL DEMANDED BROOKS AND SILVER SPRING TOWNSHIP, Defendants AND NOW comes the Plaintiff, BRENT MILLER by and through his attorneys, SHOLLENBERGER & JANUZZI, LLP, and does respectfully represent the following: COUNTJ , BRENT MILLER v. HAROLD J. AND VIRGINIA R. WILBUR, DANIEL GREGORY AND CATHY L. WITMER, BRYAN C. AND DENISE :So BROOKS AND SILVER SPRING TOWNSHIP FACTS APPLICABLE TO ALL COUNTS 1. Plaintiff, Brent Miller, is an adult individual who currently resides at 12.0 Orebank Road, Dillsburg, York County, Pennsylvania 17019. 2, The Defendants, Harold J. and Virginia R. Wilbur, are adult individuals whose last known address is 212 Hempt Road, MechaniGsburg, Cumberland County, Pennsylvania 17050. 3. The Defendants, Daniel Gregory and Cathy L. Witmer, are adult G:\GLOBAL\WPOATA\DOCS\TIM CASE FILES- OPEN\Miller, Brenl\Pleadfngs\CorJ1llaint OS.05 fdlbJ.doc individuals whose last known address is 214 Hempt Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. The Defendants, Bryan C. and Denise S. Brooks, are adult individuals whose last known address is 213 Hempt Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 5. The Defendant, Silver Spring Township, is a municipality in the Commonwealth of Pennsylvania and maintains an office in Cumberland County at 6475 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. 6. The facts and circumstances hereinafter set forth took place on June 25, 2003 at or about 9:10 p,m., in the 200 block of Hempt Road, Silver Spring Township, Cumberland County, Pennsylvania. 7, At the aforesaid time and place, Plaintiff, Brent Miller, was the operator of a 2002 Suzuki Katana 600 motorcycle, 8, At the aforesaid time and place, RUbert Wilbur was the operator of a 2001 Chevrolet Camaro. 9. At the aforesaid time and place, Robert Wilbur made a left turn from a private driveway onto Hempt Road, directly into the path of a northbound motorcycle being operated by Plaintiff, Brent Miller. . 10. At the aforesaid time and place, Plaintiff, Brent Miller, laid the motorcycle down onto the pavement in an attempt to avoid the collisiion. 11. At the aforesaid time and place, Plaintiff, Brent Miller, and the motorcycle slid and collided with the driver's side of Robert Wilbur's vehicle. 12. At the aforesaid time and place, excess ve!~etation and mailboxes were G:\GLOBAl\WPDATA\OOCS\TIM CASE FilES- OPEN\MiI1er, Brent\PfeadingsICafTlllmt 08-C5Idll1J.doc located on the unimproved land that bordered the east berm of Hempt Road, adjacent to the private driveway from which Robert Wilbur pulled out 13, At the aforesaid time and place, the presencE~ of the excess vegetation and mailboxes reduced the sight distance looking south from the private driveway at the intersection at Hempt Road, 14. The unimproved land that bordered the east berm of Hempt Road on which the mailboxes were located and the excess vegetation was present were in the care, custody and/or control of Defendant, Silver Spring Township. 15. Defendant, Silver Spring Township, knew or should have known that the sight distance at the intersection of the private driveway and Hempt Road was reduced by the excess vegetation. 16, As a result of the aforesaid collision, Plaintiff, Brent Miller, has suffered serious and permanent injuries, including but not limited to the following: Fracture of the right femur; , a. , b. Fracture of the left femur; c. Multiple rib fractures; d, Multiple contusions and abrasions; e. Fracture of the left tibia; f. Fracture of the left fibula; g, Right liver contusion and laceration; h, Bilateral contusions of the kidney; i. Right pneumohemothorax with right pulmonary contusion/laceration;' j. Closed head injury with punctate hemorrhage in right fronto-parietal G:\GlOBAL\WPOATA\DOCS\TIM CASE FilES- OPEN\Miner, Brent\Pleadings\Cor'rPainl 06-05 (dftlJ.doc region; k, Left scapular fracture; I. Subcutaneous emphysema; m. Acute respiratory failure; n, Post traumatic shock; o. Cellulitis/abscess of left lower extremity; p. Traumatic brain injury with resulting cognitive disorder; q, Left L2 transverse process fracture; r. Right L 1 transverse process fracture; s. Right T10 transverse process fracture; t. Large hematoma of the right adrenal gland; u, Left calf compartment syndrome; v. Bilateral pleural effusions; w, Right lower extremity compaJ1ment syndrome; x. Severe strain, sprain and disruption of the muscles, tendons, ligaments and other soft tissues in the area of the lumbar spine; y. Functional and anatomical leg length discrepancy; z. Left trochanteric bursitis; aa. Left sacroilitis; bb. Sacral strain and sprain; cc. Sacroiliac joint derangement; dd. Pelvic obliquity and rotation; ee. L2-3 derangements; G:\GLOBAlIWPDATA\OOCS\T1M CASE FllES- OPEN\Millflr, Brenl\Pteadings~nl 08..05 [dlb).doc ff. Convergence insufficiency of the eyes; and gg. Myofascial pain syndrome. 17. As a direct and proximate result of the aforesaid injuries, Plaintiff Brent Miller, has undergone and in the future will undergo great pain and suffering for which damages are claimed. 18. As a further result of the aforesaid injuries, Plaintiff Brent Miller, has suffered and may continue to suffer a loss of earnings for which damages are claimed. 19. As a further result of the aforesaid injuries, Plaintiff, Brent Miller, has and/or may in the future incur a loss of earning capacity for which damages are claimed. 20. As a further result of the aforesaid injuries, Plaintiff, Brent Miller, has sustained scarring and disfigurement for which damages are claimed. 21. As a further result of the aforesaid injuries, Plaintiff, Brent Miller, has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. , , 22. As a further result of this collision, Plaintiff, Brent Miller, has and/or may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, Workers' Compensation or any program, . group contract, or other arrangement for payment of benefits as defined in 75 PA. CONS. STAT. ANN. 91719. 23. As a further result of the aforesaid injuries, Plaintiff, Brent Miller, has incurred or may hereinafter incur financial expenses ancllosses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle G:\GlOBAL\WPOATA\OOCS\TIM CASE FILES- OPEN\Miller, BrentIPfeadings\Complaiflloa.oSldlbj.doc Financial Responsibility Law for which damages are claimed. 24. Plaintiff, Brent Miller, was occupying a motoreycle at the time of the collision, which is not a private passenger motor vehicle. Therefore, Plaintiff, Brent Miller, remains eligible to claim compensation for non economic loss and economic loss sustained in this collision pursuant to applicable tort law. 25. Plaintiff believes and therefore avers that 42 PA. CONS. STAT. ANN. 97102 (b.1) subtitled "Recovery against joint defendant; contribution" is unconstitutional and therefore unenforceable in this action because it was passed in violation of Article III, Sections 1, 2, 3, and 4 of the Pennsylvania Constitution and in violation of the "single subject rule" and is a law that was passed as part of another bill in a manner consistent with the prohibited concept of "legislative logrolling". See a/so DeWeese v. Weaver, 824 A.2d 364 (PA. COMMW. CT. 2003) COUNT II BRENT MILLER v. HAROLD.j. AND VIRGINIA R. WILBUR 26. Paragraphs 1 through 25 of Plaintiffs Complaint are incorporated herein by reference as if set forth at full. 27. At the aforesaid time and place, Defendants, Harold J. and Virginia R. Wilbur, were the owners of the real estate located at 212 Hempt Road. 28. Plaintiff believes and therefore avers that the intersection of the private driveway and Hempt Road was in a dangerous condition. 29. The dangerous condition was caused by the active and/or passive negligence of Harold J. and Virginia R. Wilbur as follows: a. Allowing their mailbox to be placed in an area which restricted G:\GLOBAL\WPDATA\DOCS\TIM CASE FILES- OPEN\Ml1Ier, Brenl\PleadingsICorr9t;lint08-DS {dlbJ.dac Robert Wilbur's site distance of the Plaintiff and Plaintiffs motorcycle; and b. Allowing vegetation to grow up around their mailbox which restricted the site distance of Robert Wilbur of the Plaintiff and the Plaintiffs motorcycle. c. In failing to inspect the east berm at the 200 block of Hempt Road at such intervals that would have caLI sed them to discover the fact that the vegetation was restricting thf3 site distance of persons attempting to enter Hempt Road from the private lane being used by Robert Wilbur on the night of the collision; d. In failing to cut back or remove the vegetation along the east berm at the 200 block of Hempt Road before it had grown to a point that it was restricting the site distance of persons attempting to enter Hempt Road from the private lane being used by Robert Wilbur on the night of the collision. WHEREFORE, Plaintiff Brent Miller demands jud!~ment against Harold J. and Virginia R. Wilbur for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT III BRENT MILLER v. DANIEL GREGORY AND CATHY L. WITMER 30. Paragraphs 1 through 29 of Plaintiffs Complaint are incorporated herein by reference as if set forth at full. 31. At the aforesaid time and place, Defendants, Daniel Gregory and Cathy L. G:\GLOBAl\WPOATA\DOCS\T1M CASE FilES- OPEN\Miller, Brent\PleadingsICCJtll'Iainl 08-D5 [d!llj.doc Witmer were the owners of the real estate located at 214 Hempt Road. 32. Plaintiff believes and therefore avers that thEl intersection of the private driveway and Hempt Road was in a dangerous condition. 33. The dangerous condition was caused by the active and/or passive negligence of Daniel Gregory and Cathy L. Witmer as follows: a. Allowing their mailbox to be placed in an area which restricted Robert Wilbur's site distance of the Plaintiff and Plaintiff's motorcycle; and b. Allowing vegetation to grow up around their mailbox which restricted the site distance of Robert Wilbur of the Plaintiff and the Plaintiffs motorcycle. c. In failing to inspect the east berm at the 200 block of Hempt Road at such intervals that would have caused them to discover the fact that the vegetation was reStricting the site distance of persons attempting to enter Hempt Road from the private lane being used by Robert Wilbur on the night of the collision; d. In failing to cut back or remove the vegetation along the east berm at the 200 block of Hempt Road before it had grown to a point that it was restricting the site distance 01' persons attempting to enter Hempt Road from the private lane being used by Robert Wilbur on the night of the collision. WHEREFORE, Plaintiff Brent Miller demands judgment against Daniel Gregory and Cathy L. Witmer and Harold J. and Virginia R. Wilbur, jointly and severally, G:\GLOBAl\WPOATAtOOCS\TIM CASE FlLE5- OPEMMiller. Brenl\Pleadings\ColTllhtinl OS-05 (dlbJ.aoc for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT IV BRENT MILLER v. BRYAN C. AND DENISE S. BROOKS 34. Paragraphs 1 through 33 of Plaintiffs Complaint are incorporated herein by reference as if set forth at full. 35. At the aforesaid time and place, Defendants" Bryan C. and Denise S. Brooks, were the owners of the real estate located at 213 Hempt Road. 36. Plaintiff believes and therefore avers that thl~ intersection of the private driveway and Hempt Road was in a dangerous condition. 37. The dangerous condition was caused by the active and/or passive negligence of Bryan C. and Denise S. Brooks, as follows: a. Allowing their mailbox to be placed in an area which restricted Robert Wilbur's site distance of the Plaintiff and Plaintiffs , motorcycle; and b. Allowing vegetation to grow up around their mailbox which restricted the site distance of Robert Wilbur of the Plaintiff and the Plaintiffs motorcycle. c. In failing to inspect the east berm at the 200 block of Hempt Road at such intervals that would have caused them to discover the fact that the vegetation was restricting the site distance of persons attempting to enter Hempt Road from the private lane being used by Robert Wilbur on the night of the collision; G:\GLOBAl\WPOATA\OOCS\TIM CASE FILES. OPEN\Miller, Brenl\Pleadings\Con1llsintca.o5 CdlbJ,dOC d. In failing to cut back or remove the vegetation along the east berm at the 200 block of Hempt Road before it had grown to a point that it was restricting the site distance of persons attempting to enter Hempt Road from the private lane being used by Robert Wilbur on the night of the collision. WHEREFORE, Plaintiff Brent Miller demands judgment against Bryan C. and Denise S. Brooks, Daniel Gregory and Cathy L. Witmer and Harold J. and Virginia R. Wilbur, jointly and severally, for compensatory damages in an amount in excess of the amount requiring compulsory arbitration. COUNT V BRENT MILLER v. SILVER SPRING TOWNSHIP 38. Paragraphs 1 through 37 of Plaintiffs Complaint are incorporated herein by reference as if set forth at full. 39. The condition of the east berm at. the 200 block of Hempt Road adjacent to the private driveway from which Robert Wilbur pulled out was a dangerous condition of a street owned by Defendant, Silver Spring Township. 40. In the alternative, the east berm at the 200 block of Hempt Road adjacent to the private driveway from which Robert Wilbur pulled out was real property in the possession of Defendant; Silver Spring Township. 41. Plaintiff believes and therefore avers that the intersection of the private driveway and Hempt Road was in a dangerous condition because of the failure of the Defendant Township to exercise a reasonable degree of care, custody or control over the real property in its possession or in the alternative was a dangerous condition of a G:\GlOBAl\WPOATAlDOCSlTIM CASE: filES. OPEN\MUler, Brent\Pleading,\COIT\)Iaint OEl..o5{d1b].doc street that it owned. 42. The dangerous condition was caused by the active and/or passive negligence of Silver Spring Township, as follows: a. Allowing vegetation to grow up on thEl unimproved land that bordered the east berm at the 200 block of Hempt Road which restricted the site distance of Robert Wilbur of the Plaintiff and the Plaintiff's motorcycle; and b. In failing to inspect the east berm at the 200 block of Hempt Road at such intervals that it would have discovered the fact that the vegetation was restricting the site distance of persons attempting to enter Hempt Road from the private lane being used by Robert Wilbur on the night of the collision; c. In failing to cut back or remove the vegetation along the east berm at the 200 block of Hempt Road before it had grown to a point that it was restricting the site distance of persons attempting to enter Hempt Road from the private lane being used by Robert Wilbur on the night of the collision. 43. The risk that the driver of a vehicle attempting to enter Hempt Road from the private driveway being utilized by Robert Wilbur would be obstructed by vegetation if not regularly cut back was reasonably foreseeable to Defendant, Silver Spring Township. 44. Defendant, Silver Spring Township, knew or could reasonably be charged with notice of the dangerous condition of the vegetation because it was along a G:\GLOBAl\WPDATA\OOCS\TIM CASE FILE&- QPEN\Milfer. Brenl\Pfeadings\Conl)lainlO/UlSldlbj.dOC township road, was within its right of way and the Township had cut back the vegetation on occasions prior to the collision. WHEREFORE, Plaintiff Brent Miller demands judgment against Silver Spring Township, Bryan C. and Denise S. Brooks, Daniel Gregory and Cathy L. Witmer and Harold J. and Virginia R. Wilbur, jointly and severally, for c1:lmpensatory damages in an amount in excess of the amount requiring compulsory arbitration. Respectfully submitted, SHOLLENBERGER & JANUZZI, LLP By: Dated: ~ 1<6105 , , G:\GlOBAl\WPDATA\OOCS\TIM CASE FILES- OPE~r, Brenl\Pleading~\C~ainl 08..05 [dlb}.dOC VERIFICATION I Brent Mi Iler , , hereby acknowle,dge that I am a Plaintiff in this action and that I have read the CaTpla int and that the facts stated herein are true and correct to the best of my knowledge, information and belief. I understand that any fals<; statements herein ar,e made subject to penalties of 18 Pa. C.S. S"<:0n 4904, relating to unsworn falsification to authorities. ~!r Date: ~I g tD'S , , -- . IHOLl.DlIDGa , J.\HUZZ I, LL' 1120 LINCUSTOVV lOAD . '.0. lOX USiS . HAU'Sll,.~. fA 1110'.0''\15 .'1,'7) 2]4"'00 . rA.'( ;'711J JH.I:U .r..":u :.:: ~'Ul'l",;:'::;:: SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff BRENT MILLER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3213 CIVIL TERM HAROLD J. AND VIRGINIA R. WILBUR, DANIEL GREGORY AND CATHY L. CIVIL ACTION - LAW WITMER, BRYAN C. AND DENISE S. JURY TRIAL DEMANDED BROOKS AND SILVER SPRING TOWNSHIP, Defendants And now, this ~ day of AlJ.~ 1:'1f ,2005, I hereby certify that a true and correct copy of the foregoing Complaint has been rved upon the following via U.S. Mail: Christine E. M4nion, Esq. William J. Devlin, Jr. & Associates 100 West Elm Street, Suite 200 Conshohocken,PA 19428 Jefferson J. Shipman, Esq. Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Rolf Kroll, Esq. Margolis Edelstein P.O. Box 932 Harrisburg, PA 17108-0932 By: Ti G:\GI..OBAl\WPOATA\OOCS\TIM CASE FILES- OPEN\Miller, 8tenl\Pleadtngs\C~aint 08-05 (dlbJ.doc SHOLLENBERGER & JANUZZI, LLP 2225 Millennium Way Enola, PA 17025 Telephone Number: (717) 728-3200 Fax Number: (717) 728-3400 Attorne s for Plaintiff BRENT MILLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3213 CIVIL TERM HAROLD J. AND VIRGINIA R. WILBUR, DANIEL GREGORY AND CATHY L. CIVIL ACTION - LAW WITMER, BRYAN C. AND DENISE S. JURY TRIAL DEMANDED BROOKS, AND SILVER SPRING TOWNSHP, Defendants ;'>>,"H\[j;~:. ;:";.{;-sL~-\_"yi' "i}:1r>:R"~:J:~f::'i:;:-t~m:Y"<,,7-':- ~i4~%'y:.'A_:,~ HERIEF'S INSTROC1'IONSf,(f1Iii~ );~~:f"/;::'" :L-k,~lt'/--:l:'--/";:::-;-t7~'t~'(~:1:i}1tf1I~&;> ;:;:liJ~_\~;-~ -~: ':' TO THE SHERIFF OF CUMBERLAND COUNTY: Kindly serve the Complaint in the above-entitled action upon the Defendants, at the following locations: , , Harold J. and Virginia R. Wilbur 212 Hempt Road Mechanicsburg, PA 17050 Daniel Gregory Witmer and Cathy L. Witmer 214 Hempt Road Mechanicsburg, PA 17050 Bryan C. and Denise S. Brooks 213 Hempt Road Mechanicsburg, PA 17050 Respectfully submitted, G:\GLOBAl\WPDATA\OOCS\TfM CASE FIlES. OPENlMiIler. B1enr.PleadingS\C0n'9ainl 08-05 (dlbJ.dOC .". ~ ~ ..l.l. . NOTICE TO PLE:AD WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: Christine E. Munion, Esquire Attorney I.D. No. 72724 100 West Elm Street, Suite 200 Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendant, Silver Spring Township Brent Miller COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 - 3213 CrvIL TERM Harold J. and Virginia R. Wilbur and Daniel Gregory and Cathy 1. Witmer: And Brian C. and Denise S. Brooks and Silver Spring Township ANSWER WITH NEW MATTER AND NEW MATTER CROSS-CLAIM OF DEFENDANT, SILVER SPRING TOWNSHIP,PURSUANT TO PA.R.C.P. SECTION 2252(d) TO PLAlNTU'FS' COMPLAINT AND NOW, defendant, Silver Spring Township, hereinafter "Answering Defendant," by and through its attorneys, William J. Devlin, Jr. & Associates, hereby files its Answer with New Matter and Cross-Claim and avers the following: . COUNT I BRENT MILLER V. HAROLD J. AND VIRGINIA R. WIl,BUR, DANIEL GREGORY AND CATHY L. WINTMER, BRYAN C. AND DENISE S. BROOKS AND SILVER SPRING TOWNSHIP 1. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. 2. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. 3. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. 4. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. 5. Admitted. 6. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the tJuth of the averments contained in this paragraph and therefote they are denied. 7. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. 8. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. . 9. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. 10. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. 11. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. 12. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. By way of further reply, it is specifically deni.:d that excess vegetation existed on the land bordering the private drive from which Mr. Wilbur traveled. It is further denied that this area was unimproved. Strict proof is demanded at time of trial. 13. Denied. Answering Defendant is advised by cOLmsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. By way of further reply, it is specifically denied that excess vegetation existed on the land bordering the private drive from which Mr. Wilbur traveled. Furthermore it is specifically denied that the vegetation or the mailboxes reduced the sight distance. Strict proofis demanded at time of trial. 14. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. By way of further reply, it is specifically denied that the land bordering the private drive was unimproved. Furthermore, it is specifically denied that this land was under the care, custody and/or control of Defendant Silver Spring Township. To the contrary, this land . was and is privately owned and was and is under the care, custody and/or control of the private owners. The happening of this accident occurred due to the negligence of Co-Defendants, Harold J. and Virginia R. Wilbur, Daniel Gregory and Cathy L. Witmer, Bryan C. and Denise S. Brooks and the contributory negligence of Brent Miller. 15. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 16. Denied. (a through gg). Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. 17. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 18. Denied. Answering Defendant is advised by cOlmsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. 19. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. 20. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response :is necessary and therefore the same are denied. 21.' Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. . 22. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. 23. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is :l1ecessary and therefore the same are denied. 24. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 25. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is: necessary and therefore the same are denied. COUNT II BRENT MILLER V. HAROLD J. AND VIRGINIA R. WILBUR 26. Answering defendant incorporates by reference its answers to paragraphs 1-25 plaintiffs complaint as though the same were incorporated her,ein at length. 27. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. 28. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 29. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response: is necessary and therefore the same are denied. . WHEREFORE, Answering defendant respectfully requests that this Honorable Court find in its favor and against all other parties. COUNT III BRENT MILLER V. DANIEL GREGORY and CATHY L. WITMER 30. Answering defendant incorporates by reference its answers to paragraphs 1-29 plaintiff's complaint as though the same were incorporated herein at length. 31. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth ofthe averments contained in this paragraph and therefore they are denied. 32. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 33. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. WHEREFORE, Answering defendant respectfully requ'~sts that this Honorable Court fmd in its favor and against all other parties. COUNT IV BRENT MILLER V. BRYAN C. and DENISE S. BROOKS 34. Answering defendant incorporates by reference its answers to paragraphs 1-33 plaintiff's complaint as though the same were incorporated herein at length. 35. Denied. After reasonable investigation, Answering Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments contained in this paragraph and therefore they are denied. . 36. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. 37. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. WHEREFORE, Answering defendant respectfully requests that this Honorable Court fmd in its favor and against all other parties. COUNT V BRENT MILLER V. SILVER SPRING TOWNSHIP 38. Answering defendant incorporates by reference its answers to paragraphs 1-37 plaintiff's complaint as though the same were incorporated herein at length. 39. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. By way of further reply, it is specifically deni,ed that the "east berm" at the 200 block of Hempt Road adjacent to the private driveway from which Robert Wilbur pulled out was a dangerous condition. Strict proof demanded at time of trial. Furthermore, it is specifically denied that Defendant Silver Spring Township owned this area. To the contrary, this property was and is privately owned. 40. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. By way of further reply, it is specifically denied that Defendant Silver Spring Township possessed the property adjacent to the private driveway from which Robert Wilbur pulled out. To the contrary, this property was and is possessed by private owner(s). . 41. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is m:cessary and therefore the same are denied. 42. (a-c) Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions oflaw to which no response is necessary and therefore the same are denied. 43. Denied. Answering Defendant is advised by counsel that the corresponding averments constitute conclusions of law to which no response is necessary and therefore the same are denied. 44. Denied. Answering Defendant is advised by counsel that the corresponding I;) averments constitute conclusions of law to which no response is necessary and therefore the same are denied. WHEREFORE, the Answering Defendant denies that it is liable on the cause of action declared upon and demands judgment in its favor. NEW MATTER DIRECTED TO PLAINTIFF 45. Defendant, Silver Spring Township, is a local agency within the meaning of the Political Subdivision Tort Claims Act, 42 Pa.8.C. Section 8501 and pleads all affirmative defenses of this Act. 46. Defendant, Silver Spring Township, is entitled to immunity pursuant to 42 Pa.S.C. Section 8541, et. seq. 47. Plaintiffs' Complaint is barred by the applicable Statute of Limitations. 48. If Plaintiff was injured as alleged, said injuries were due in whole or in part to Plaintiff's own negligence. Therefore, Plaintiffs' claims are barred andlor limited by the provisions ofthe Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. 7101. . 49. Any injuries suffered by Plaintiffs such as those alleged in Plaintiffs' Complaint were the result of, contributed to, or caused by dangers, the risk of which Plaintiff knowingly and consciously assumed and therefore recovery is barred pursuant to the doctrine of the assumption ofthe risk. 50. Any damages suffered by Plaintiffs, such as those alleged in Plaintiffs' Complaint, were the result of or caused by third persons for which Answering Defendant, Silver Spring Township, is not responsible. 51. Plaintiffs' Complaint fails to state a cause of action for which recovery can be permitted. 52. If Plaintiff suffered injuries as alleged in the Complaint, said injuries were caused by the conduct and/or omissions of Co-Defendants. 53. Plaintiff did not have a motorcycle license at the time of this accident. 54. Plaintiff was an inexperienced motorcycle operator at the time of this accident and this accident occurred due to his inexperience. 55. Plaintifffailed to provide the Defendant Silver Spring Township with the appropriate notice under the Pennsylvania Political Subdivision Tort Claims Act. 56. Plaintiff s claims are barred or substantially reduced because of plaintiffs' failure to act reasonably or timely to mitigate damages. 57. If there is found to be any negligence on the part of answering defendant, such negligence was not a substantial factor in causing the hann complained of by plaintiff. 58. Answering Defendant cannot be primarily liable for the alleged injuries of the plaintiffs. 59. Answering Defendant did not cause any alleged, hann, injury or loss. 60. Answering Defendant is not responsible for persons, events, circumstances or conditions beyond Answering Defendant's control. 61. Plaintiff has not sustained any injuries cognizable under Pennsylvania law as a consequence of Answering Defendant's alleged action. 62. Pennsylvania Rule of Civil Procedure 238, pertaining to delay damages, is inapplicable nnder the facts of the present case, and is unconstitutional and in violation of the Constitution ofthe United States and the Constitution of the Commonwealth of Pennsylvania. 63. Without waiver ofthe above defense, to the extent that delay damages are alleged, any such delay was not caused by Answering Defendants but was caused by Plaintiff, or by a circumstance not the fault of Answering Defendant and delay damages should not be assessed for same. 64. Plaintiffs claims are barred because Plaintiff has sustained no injury in fact. 65. The negligent act or omissions of other individuals or entities constituted superseding, intervening causes of the damages and/or injuries alleged to have been sustained by Plaintiffs. 66. Plaintiff may have entered into a release which bars and/or limits recovery in this action. 67. Plaintiff's claims maybe barred in whole or in part by the doctrine of res judicata and/or collateral estoppel. 68. Plaintiffs claims, if any, may be reduced and/or limited by any collateral source of compensation and/or benefit. 69. If any damages or injuries were sustained by plaintiff as averred in his complaint, such damages and injuries were caused in whole or in part by conditions and circumstances beyond the control of answering defendants. 70. Plaintiff has failed to mitigate damages. 71. Plaintiff has failed to allege a cause of action that falls within one of the exceptions to the Pennsylvania Political Subdivision Tort Claiims Act. . WHEREFORE, Defendant, Silver Spring Township, demands judgment in its favor and against Plaintiffs, together with interest and costs. NEW MATTER IN THE NATURE OF A CROSS-CLAIM PURSUANT TO SECTION 2252(d) OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE DIRECTED TO CO-DEFENDANTS HAROLD J. and VIRGINIA R. WILBUR., DANIEL GREGORY and CATHY L. WITMER. BRYAN C. and DENISE S. BROOKS 72. Answering Defendant, Silver Spring Township, incorporates by reference without admitting the truthfulness thereof all of the allegations set forth in Plaintiffs' Complaint except those that place liability and/or responsibility upon Defendant, Silver Spring Township. 73. To the extent that the allegations of Plaintiffs' Complaint are proven true at the time of trial, Defendant, Silver Spring Township, alleges that Co-Defendants, Harold J. and Virginia R. Wilbur and Daniel Gregory and Cathy L. Witmer and Bryan C. and Denise S. Brooks are responsible for creating the condition about which Plaintiffs complains and which allegedly resulted in Plaintiffs' injuries and therefore Co-Defendants, Harold 1. and Virginia R. Wilbur, Daniel Gregory and Cathy L. Witmer, Bryan C. and Denise S. Brooks are liable over to Defendant, Silver Spring Township, by way of contribution aneVor indemnity for all damages recovered by Plaintiffs. WHEREFORE, Defendant, Silver Spring Township, demands judgment in its favor and against all parties. BY ~ VERIFICATION I, William S. Cook, do hereby verify that I am Township Manager, of defendant, Silver Spring Township, in the instant action. I have reviewed the foregoing Answer to Complaint with New Matter and New Matter Cross Claim, and the statements contained therein are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penal1lies of 18 Pa. C.S.A. g4904, relating to unsworn falsification to authorities. ~11~ William S. Cook Manager Silver Spring Township Date: S.~~~r \ --- '<"0L>~ MILLER V. SILVER SPRING TOWNSHIP #051278 . WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: Christine E. Munion, Esquire Attorney LD. No. 72724 100 West Elm Street, Suite 200 Conshohocken, P A 19428 (610) 397-4600 Attorney for Defendant, Silver Spring Township Brent Miller COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05 - 3213 CIVIL TERM Harold J. and Virginia R. Wilbur and Daniel Gregory and Cathy 1.. Witmer: And Brian C. and Denise S. Brooks and Silver Spring Township JURY TRIAL DENlANDED CERTIFICATE OF SERVICI'~ I, Christine E. Munion, Esquire, counsel for Defendant, Silver Spring Township, hereby state that a true and correct copy of the foregoing Entry of Appearance was served on the counsel below on :-'''/ ("'(. r ,2005, by placing a copy of same in the United States regular first-class mail, first-class postage prepaid. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way . Enola, P A 17025 Attorney for Plaintiff Christopher M. Reeser, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, PA 17122 Attorney for Co-Defendants, Harold J. and Virginia R. Wilbur Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, P A 17108-1268 Attorney for Co-Defendants, Cathy Witmer and Daniel Gregory Witmer . Bryan C. and Denise S. Brooks 213 HemptRoad Mechanicsburg, P A 17050 Co-Defendant Jeffrey Shipman, Esquire 301 Market Street P.O. Box 109 Lemoine, P A 17043 RolfE. Kroll, Esquire MARGOLIS & EDELSTEIN 3510 Trind1e Road Camp Hill, PA 17011 WILLIAM J. DEVLIN, JR. & ASSOCIATES /~ hristine E. Munion, Esquire Attorney for Defendant, Silver Spring Township B c.; NOTICE TO PLEAD TO: All parties YOU ARE HEREIlY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATI'ER WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Christine E. Munion, Esquire WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: Christine E. Munion, Esquire Attorney J.D. No. 72724 100 West Elm Street, Suite 200 Conshohocken, P A 19428 (610) 397-4600 Attorney fi)r Defendant, Silver Spring Township Brent Miller COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 - 3213 CIVIL TERM Harold J. and Virginia R. Wilbur And Daniel Gregory and Cathy L. Witmer and Brian C. and Denise S. Brooksand Silver Spring Township DEFENDANT SILVER SPRING TOWNSHIP'S JOINDER COMPLAINT AGAINST S. JOANNE WILBUR, PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT WILBER., DEEASED and DONALD DIMOV Defendant, Silver Spring Township by and through their attorneys William J. Devlin, Jr. & Associates files this Joinder Complaint against S. Joanne Wilbur, personal representative of the estate of Robert Wilbur, deceased and Donald Dimov and in support thereof avers as follows: I. On or about June 25, 2003, Brent Miller was involved in a motor vehicle collision with Robert Wilbur. 2. Subsequent to the June 25,2003, accident Robert Wilbur died. 3. Additional defendant S. Joanne Wilbur is the personal representative of the estate of Robert Wilbur pursuant to letters of administration granted by the Register of Wills of Cumberland County, Pennsylvania on January 27,2005. 4. Additional Defendant Donald D. Dimov is an adult individual who owns real estate at 210 Hempt Road, Mechanicsburg, P A. 5. On August 8, 2005, Plaintiff Brent Miller filed a Complaint against Defendant, Silver Spring Township, inter alia. See Complaint attached hereto and incorporated herein as Exhibit "A." 6. In his Complaint Plaintiff avers that Silver Spring Township either owned or possessed real property near to where this accident occurred and allowed vegetation to grow which restricted the site distance for persons attempting to enter Hempt Road. 7. Defendant filed an Answer and New Matter and New Matter Cross-claim to plaintiffs Complaint denying it was negligent or that it owned or possessed real property along Hempt Road in Silver Spring Township. COUNT I NEGLIGENCE SILVER SPRING TOWNSHIP vs. S. JOANNE WILBUR, PERSONAL REPRESENTATIVE OF THE EST ATE OF ROBERT WILBUR, DECEASED 8. Defendant Silver Spring Township incorporates by reference paragraphs I through 7 as though fully set forth herein at length. 9. Additional Defendant S. Joanne Wilbur, personal representative ofthe estate of Robert Wilbur, deceased is legally responsible for the motor vehicle accident occurring on June 25,2003. 10. Plaintiffs injuries were caused by the negligenee and carelessness ofthe Additional Defendant, S. Joanne Wilbur, personal representative ofthe estate of Robert Wilbur, deceased for Robert Wilbur's: (a) Failure to observe plaintiffs vehicle on Hempt road before attempting to enter the road; (b) Failure to yield the right-of-way; (c) Failure to keep a proper lookout; and, (d) Failure to bring his vehicle to a complete stop before entering Hempt Road. II. If plaintiff establishes that he suffered damages and is entitled to recover for same, such damages being expressly denied by defendants then Additional Defendants S. Joanne Wilbur, personal representative of the estate of Robert Wilbur, deceased is responsible for these damages by way of contribution or indemnification. WHEREFORE, Defendant, Silver Spring Township demands judgment in its favor and against the Additional Defendant, in addition to such other relief as the court deems appropriate. COUNT II NEGLIGENCE SILVER SPRING TOWNSHIP vs. DONALD D. DIMOV 12. Defendant Silver Spring Township incorporates by reference paragraphs I through II as though fully set forth herein at length. 13. Additional Defendant Donald D. Dimov is legally responsible for the condition of the real property at or near to where this motor vehicle accident occurred. 14. Ifit should be concluded that Silver Spring Towtlship is a legal and factual cause of plaintiffs injuries, then plaintiffs injuries were caused by the negligence and carelessness of the Additional Defendant, Donald D. Dimov for: (a) Failing to warn or give notice ofthe hazardous condition; (b) Allowing vegetation to grow on his property which restricted the site distance for vehicles on Hempt Road or entering Hempt Road; (c) Failing to fix the dangerous condition when he knew or should have known of its existence; (d) Creating conditions on or around his property which additional defendant knew or should have known would give rise to an unreasonable risk of harm; ( e) Permitting conditions to exist on or near its drain pipe and/or property which it knew or should have known would give rise to an unreasonable risk of harm; (f) Failing to correct and/or remove the conditions which the additional defendant knew or should have known would give rise to an unreasonable risk of harm; and, (g) Failing to make proper and reasonable inspections to discover the conditions on its property; 15. If plaintiff establishes that she suffered damages and is entitled to recover for same, such damages being expressly denied by defendants then Additional Defendant Donald Dimov is responsible for these damages by way of contribution or indemnification WHEREFORE, Defendant, Silver Spring Township dem.mds judgment in its favor and against the Additional Defendant, in addition to such other relief as the court deems appropriate. Respectfully submitted, WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: Christine E. Munion., Esquire Attorney for Defendant, Silver Spring Township VERIFICATION I, Christine E. Munion, Esquire hereby verify that I am a counsel for Defendant, Silver Spring Township and I am authorized to take this Verification on behalf of Defendant. I have reviewed the foregoing Joinder Complaint and the statements contained therein are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. CHRISTINE E. MUNION, ESQUIRE DATE: WILLIAM J. DEVLIN, JR. & ASSOCIATES BY: Christine E. Munion, Esquire Attorney I.D. No. 72724 100 West Elm Street, Suite 200 Conshohocken, PA 19428 (610) 397-4600 Attorney for Defendant, Silver Spring Township Brent Miller COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 - 3213 CNIL TERM Harold J. and Virginia R. Wilbur and Daniel Gregory and Cathy L. Witmer: And Brian C. and Denise S. Brooks and Silver Spring Township JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Christine E. Munion, Esquire, counsel for Defendant, Silvtlr Spring Township, hereby state that a true and correct copy of the foregoing Joinder Complaint was served on the counsel below on ,2005, by placing a copy of same in the Unit,ed States regular first-class mail, first-class postage prepaid. Timothy A. Shollenberger, Esquire Shollenberger & Januzzi, LLP 2225 Millennium Way Enola, P A 17025 Attorney for Plaintiff Christopher M. Reeser, Esquire MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN 4200 Crums Mill Road, Suite B Harrisburg, P A 17122 Attorney for Co-Defendants, Harold J. and Virginia R. Wilbur Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PAl 71 08-1268 Attorney for Co-Defendants, Cathy Witmer and Daniel Gregory Witmer Bryan C. and Denise S. Brooks 213 Hempt Road Mechanicsburg, P A 17050 Co-Defendant Jeffrey Shipman, Esquire 301 Market Street P.O. Box 109 Lemoine, P A 17043 RolfE. Kroll, Esquire MARGOLIS & EDELSTEIN 3510 Trindle Road Camp Hill, P A 17011 WILLIAM J. DEVLIN, JR. & ASSOCIATES By: Christine E. Munion, Esquire Attorney for Defendant, Silver Spring Township ~. n c -- '" C? c.::;) e-Fl o -n .-4 :1: -r] n,F.~ '""9:0 1~';; =-r:'q'i [~,rn ?O '< C) (--:1 -"l , W ~ (!? ""'- 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 WASHINGTON MUTUAL BANK, FA, FIK/A WASHINGTON SAVINGS BANK, FSB Plaintiff vs. MURIS KARAMOVIC Defendants ATTORNEY FOR PLAINTITF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 05-3545 CIVIL TE PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: September 30. 2005 Immt, Svc Dcpt. File# 118782 PHELAN HALLINAN & SCHMIEG, LLP By: ~~ j, jJ.c.h - j FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff o S.':~ r...:> c.::) = c.n o '" _..^~ I W o -n -1 j~l:V -",(:;, ~rl=,\ ~- '1 : ':::4C: .~ ~'r, ;~}~':5 !'.'') l\'-~ :~~:l 5; .< :;:.:", ~,._". ...;.;:;... S3 0'\ Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Washington Mutual Bank, FA, F/KIA Washington Savings Bank, FSB COURT OF COMMON PLEAS CIVIL DIVISION Vs. Cumberland COUNTY Moos Karamovic NO. 05-3545 CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy ofthe foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Moos Karamovic at: 1422 Bradley Drive, Unit C-212 Carlisle, P A 17013 2332 Telegraph Road Saint Louis, MO 63125 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. BY~ Daniel G. Schmieg, Esquire Attorney for Plaintiff - Date: September 30, 2005 (') c ~",' .....> "'" = c.n o (-, _1 ," 1 c.> () -n -' ~~~~ "c~:") ~.,,-' reI, ',."' ';}~~ ?D :-e "\"""." -;:::::',P -"" ? J:- cr. IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA s R ~ C c. I-'J ~.J ~. j iJ 1 '_u'~J vm Washington Mutual Bank, FA, F fK/ A Washington Savings Bank, FSB COURT OF COMMON PLEAS CN~ DNISION vs. Cumberland COUNTY Muris Karamovic AND NOW, this NO. 05-3545 ORDER iP*' dayof O~ , 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, Muris Karamovic, by: I. First class mail to Muris Karamovic at the last known address, 2332 Telegraph Road, Saint Louis, MO 63125 and the mortgaged premises located at 1422 Bradley Drive, Unit C-212, Carlisle, PA 17013; and 2. Certified mail to Moos Karamovic at the last known address of2332 Telegraph Road, Saint Louis, MO 63125 and the mortgaged premises located at 1422 Bradley Drive, UnitC-212, Carlisle,PA 17013. /---. J. \;' G? \D'O "-'."N\ ':-:!i'~\ tv 8; : II HIt Cj- .1.:10 SDUZ '\tf/1C',' IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA 5 Washington Mutual Bank, FA, F fK/ A Washington Savings Bank, FSB R-"'-""~'~'.~, -' .~,. . c.....l"... , ,:',:,,'.:.~ _, " .."Jp"" COURTOFCO~ONPLEAS CIVIL DIVISION vs. Cumberland COUNTY Moos Karamovic fA AND NOW, this I () NO. 05-3545 ORDER day of oc1:/Jt; , 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendant, Muris Karamovic, by: 1. First class mail to Moos Karamovic at the last known address, 2332 Telegraph Road, Saint Louis, MO 63125 and the mortgaged premises located at 1422 Bradley Drive, Unit C-212, Carlisle, PA 17013; and 2. Certified mail to Moos Karamovic at the last known address of2332 Telegraph Road, Saint Louis, MO 63125 and the mortgaged premises located at 1422 Bradley Drive, Unit C-212, Carlisle, PA 17013. J. li:-,!,':" I\J.I'.. 60 :6 H'} II DO ~UUZ 'tj'I"-'''' '''Ii:l~ ^ d \ 'I".,!, "i" H"'.rJ' -"- , \ 1_,.) ,'-", ,'.~I,.....-II v j~)i:J:-'CH]:n!:J PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ~- - "-'Daniel G. Schmieg, Esq" Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (21 :'5) '5/11-7000 Washington Mutual Bank, FA, F/KIA Washington Savings Bank, FSB ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CNIL DNISION vs. Muris Karamovic Cumberland COUNTY Defendant : NO. 05-3545 AFFIDAVIT OF SERVICE OF COMPLAINT BY MATT, PURSUANT TO COURT ORnER I hereby certify that a true and correct copy ofthe Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons Muris Karamovic at 1422 Bradley Drive, Unit C-212, Carlisle, P A 17013 and 2332 Telegraph Road, Saint Louis, MO 63125 on Octoher 19,2005, in accordance with the Order of Court dated October 6,2005. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. Date: Octoher 19, 2005 ~("~c~ >,. ~r>OR~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff i"-"',-' cO'. .../ ", . .~ (."': -,->-~. ~ .... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 , WASHINGTON MUTUAL BANK, FA, F/KIA W ASIDNGTON SAVINGS BANK, FSB 11200 WEST P ARKLAND AVENUE MILWAUKEE, WI 53224 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3545 CIVIL TERM MURIS KARAMOVIC Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against Mums KARAMOVIC and, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 7/13/05 to 11/29/05 TOTAL $58,329.78 $1,167.60 $59,497.38 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ff~Ji~~ DANIEL G. SCHMIEG, Es(juIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. .~ (l .~ DATE:j)~r ;;)., ~oOS {.I"~?/! (f PRO P OTHY/ -- f. ... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPlliA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF W ASlliNGTON MUTUAL BANK, FA, F/K1A W ASlliNGTON SAVINGS BANK, FSB 11200 WEST PARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3545 CIVIL TERM MURlS KARAMOVIC Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MURIS KARAMOVIC is over 18 years of age and resides at , 1422 BRADLEY DRIVE, UNIT C-212, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. :Vcvvvd .fi _J(~ DANIEL G. SCHMIEG, ES~ Attorney for Plaintiff .. ... (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASIDNGTON MUTUAL BANK, FA, F/K/A W ASIDNGTON SAVINGS BANK, FSB 11200 WEST P ARKLAND AVENUE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-3545 CIVIL TERM MURISKARAMOVIC Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on U~c....l. 20~ Byr~ If you have any questions concerning this matter, please contact: ~~ vi DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** '" PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 () 1)) )h1-7000 WASHINGTON MUTUAL BANK, FA, F/KIA : COURT OF COMMON PLEAS W ASHINGTON SAVINGS BANK, FSB Plaintiff : CIVIL DIVISION , Vs. : CUMBERLAND COUNTY MURIS KARAMOVIC Defendants : NO. 05-3545 TO: MURIS KARAMOVIC 1422 BRADLEY DRIVE, UNIT C-212 CARLISLE, PA 17013 DATE OF NOTICE: NOVFMRFR 9 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTlNG TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HERElN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~~ J 7,j..,JtM., FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff . t IlIi : I IN THE COURT OF COl'v1 \l1<JN PLEAS Cumberland COCVfY, PE'J:\SY V A~~JA ~ ;\ _.:...., ., . I I __ C..I <l 'vV3:;hingt011 MUlu"ll33nk, FA, F/K' \ ')II ashington Savings Balik, FSB COU}(] .)1' COMMON PLEAS CIVIL [' VrSIO'J \S. Clltnberi,nd COIJ\TY Muris Karamovic NO. 05.;i45 ORDER AN [) NOW, this _. ~ (.,.,~~. day of ..() (".~jr.-.~._.__, :W05, upon comideution of PLiintiffs Motion Ill'" Service Pursuant to Special Order OfCOllrt, it is hereby ORDERED and D~~CREED that said ;l,lotion is GRANTED. It i' further ORDERED and DECREED that Plainriffmay oblain service ofthe Corrpl~lint Md all fLllLlre pleadings or the above captioned Defendant. MUlis K~nmovic, by: [. First class mail to Vluris Karamovic at the last imown adclr'~ss, 2332 Telegraph Road, Saint LOUlf, MO 63125 and the Illortg,'pd premises located at 1422 Bradley Drive, enit ('.212, Carlisle, PA [701,: ,md > Certified mail to \duris Kar,unovic at the last kr()wn address of2332 Te[egraph Road, Saint Louis. MO 63 125 and the mortgaged premiscf! located at [422 Brad[eyDrive, ColtC-212, Carlisle, PA ]7013. ~--~.~'. ..... ,;,,,># ..." J BYTHE - faT: .,-' ,/"" ~.....J J. c -p D ~ li ..() ~ \\:- C) C> ('\ ~ ~ ~ (1'1 " C-' \..,'_1 - tI\ r- , -\. '- , 3 tn 1-.J ~ ......c ~ ~ -c' \ r.:-=- r<' ...t:: ~ -...- ...--- -.'" .' , -- , , t''';. ,. - . ~ (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WASHINGTON MUTUAL BANK, FA, F/K1A WASHINGTON SAVINGS BANK, FSB Plaintiff, v. No. 05-3545 CIVIL TERM MURIS KARAMOVIC Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $59,497.38 Interest from 11/29/05 to MARCH 8, 2006 (per diem -$9.78) $968.22 and Costs TOTAL $60,465.60 :t:~) flJue.~ DANIEL G. SCHMIEG, ES One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. .0( ....... o~ ~~ ~,... ~oo ZZ O~ ~~ O~ uZ ~S u ~~ S~ u; ::s.~ p~ ~e .0( ~~ -00 ...... .J. ...oJ. oJ.~ ~: ~o ~~ ~~ ~oo i~ ~~ ~~ z~ ....~ ~~ :.e ~ u .... 6 ~ i ; i g ~ 5 ~~ ~ a ~% o '" .. ~~ ~t" ~~ ot:. ... 0 ~6 e:. u ~ ~ '" .... ~ r- .... .0( ~ ~ ~ u "\? ~ 1 .~ '4'~ .~~ '0 , "" '"' -~") '" c.....'" e IS '14. \ rc', (~ j .~ ... M .... ~ u ~ Z ~ rJ ~ ~ ~ ~ ~ ~ ~ ~ e ~ M M ~ .... ;,; '" '" .\3 ~ '" \;) go p. 1 '" ~ 3- J1 -r '~ r ~ '-- - 0- /--: . ~ V) -ah ~ ~ ~ ';; 01 ri l.J) ~ -- C :oJ ~ - t- ~~~~~ :: ~ - ~. :{" <J :) ~"'J .... r- '=-' \ \ 0 ~ ~ -:t\ , a a () ::> . () '0 -- (:i cJ V, () ~ .' (J Vl 0 '"t>)- :::;;, (J CJ . ()o 0"' . t"' t\o- 1Il - n) - -- ""9- -0,. " DESCRIPTION ALL THAT CERTAIN unit designated as No. E-3, being a unit in Pheasant run Estates, A Condominium, located in north Middleton Township, Cumberland County, Pennsylvania, which unit is located on the Second Floor, Building VI, as designated in the Declaration of condominium recorded September 24, 1980 in the Office of the Recorder of Deeds for Cumberland County, in Miscellaneous Book 258, page 6, and in the Declaration Plans as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book Volume 38, page 112. TOGETHER with all right, title and interest, being .0059524% interest in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements, and restrictions, of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, code of Regulations and Declaration plans. BEING known and numbered as Unit C-212, 1422 Bradley Drive, Carlisle, Pennsylvania 17013. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representative successors and assigns, by acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the common elements as may be accessed from time to time by the council in accordance with the Unit Property Act of Pennsylvania and the Uniform Condominium Act, and further covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that except in so far as said Acts may relieve a subsequent unit owner of the liability for prior unpaid assessments, this covenant shall run with the and bind the land or unit hereby conveyed and all subsequent owners thereof. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to aforedescribed tract ofland, recorded or unrecorded. BEING THE SAME PREMISES which Douglas J. LaRue, single man, by Deed dated September 26, 1997, and recorded October 2, 1997, in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Record Book 165 Page 535, granted and conveyed unto Matthew S. Madeira The said Matthew S. Madeira has since intermarried with Jody L. Madeira who joins in this conveyance to divest any and all interest in said premises. Being Parcel # 29-17-1583-015B RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Muris Karamovic, adult individual, by Deed from Matthew S. Madeira and Jody L. Madeira, husband and wife, dated 3-31-04, recorded 4-1-04 in Deed Book 262, page 1543. PREMISES BEING: 1422 BRADLEY DRNE, UNIT C-212, CARLISLE, PA 17013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3545 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL B&'IK, FA, F/K/A W ASHINGTON SAVINGS BANK, FSB, Plaintiff (s) From MURIS KARAMOVIC (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendanl(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $59,497.38 L.L. $.50 Interest FROM 11/29/05 TO 3/8/06 (PER DIEM - $9.78) - $968.22 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $119.00 Other Costs Plaintiff Paid Date: DECEMBER 2, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ,. 4\0 WASHINGTON MUTUAL BANK, FA, F/K1A WASHINGTON SAVINGS BANK, FSB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MURlS KARAMOVIC NO. 05-3545 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK, FA, F/K! A WASHINGTON SAVINGS BANK. FSB, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1422 BRADLEY DRIVE, UNIT C-212, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MURIS KARAMOVIC 1422 BRADLEY DRIVE, UNIT C-2I2 CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ... ... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHEASANT RUN CONDO. ASSOCIATION 1824 STERRETTS GAP A VENUE CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1422 BRADLEY DRIVE, UNIT C-212 CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 29, 2005 DATE ~~; Jj ~J{;~' DANIEL G. SCHMIEG, E~UIRE Attorney for Plaintiff ",'" '. / \. ,> ~"., '\.,2 ---------- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF WASHINGTON MUTUAL BANK, FA, F/K/A W ASHINGTON SAVINGS BANK, FSB CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MURISKARAMOVIC NO. 05-3545 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. D~~S!tM~~ Attorney for Plaintiff 1"_; , f>,,~ ( f WASIDNGTON MUTUAL BANK, FA, F/KJA W ASIDNGTON SAVINGS BANK, FSB Plaintiff, CUMBERLAND COUNTY No. 05-3545 CIVIL TERM v. MURlS KARAMOVIC Defendant(s). November 29, 2005 TO: MURlS KARAMOVIC 1422 BRADLEY DRlVE, UNIT C-212 CARLISLE, PA 17013 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOUW NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 1422 BRADLEY DRIVE, UNIT C-212, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 8, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $59,497.38 obtained by WASHINGTON MUTUAL BANK, FA. F/K/A WASHINGTON SAVINGS BANK. FSB (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RlGHTS YOU MAY BE ABLE TO PREVENT THIS SHERlFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , , f You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. L If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may notbe sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 .. , DESCRIPTION ALL THAT CERTAIN unit designated as No. E-3, being a unit in Pheasant run Estates, A Condominium, located in north Middleton Township, Cumberland County, Pennsylvania, which unit is located on the Second Floor, Building VI, as designated in the Declaration of condominium recorded September 24,1980 in the Office ofthe Recorder of Deeds for Cumberland County, in Miscellaneous Book 258, page 6, and in the Declaration Plans as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book Volume 38, page 112. TOGETHER with all right, title and interest, being .0059524% interest in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements, and restrictions, of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, code of Regulations and Declaration plans. BEING known and numbered as Unit C-212, 1422 Bradley Drive, Carlisle, Pennsylvania 17013. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representative successors and assigns, by acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the common elements as may be accessed from time to time by the council in accordance with the Unit Property Act of Pennsylvania and the Uniform Condominium Act, and further covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that except in so far as said Acts may relieve a subsequent unit owner of the liability for prior unpaid assessments, this covenant shall run with the and bind the land or unit hereby conveyed and all subsequent owners thereof. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to aforedescribed tract onand, recorded or unrecorded. BEING THE SAME PREMISES which Douglas J. LaRue, single man, by Deed dated September 26,1997, and recorded October 2, 1997, in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Record Book 165 Page 535, granted and conveyed unto Matthew S. Madeira The said Matthew S. Madeira has since intermarried with Jody L. Madeira who joins in this conveyance to divest any and all interest in said premises. Being Parcel # 29-17-1583-015B RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Muris Karamovic, adult individual, by Deed from Matthew S. Madeira and Jody L. Madeira, husband and wife, dated 3-31-04, recorded 4-1-04 in Deed Book 262, page 1543. PREMISES BEING: 1422 BRADLEY DRNE, UNIT C-212, CARLISLE, PA 17013 ,C.} ':il ,', r<:' - ~' , - ..------- '. PHELAN HALLINAN & SCHMIEG, LLP By: D~LSCHNUEG,ESQU]RE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION WASHINGTON MUTUAL BANK, FA, F/KIA WASHINGTON SAVINGS BANK, FSB C~BERLAN1)COUNTY No.: 05-3545 CIVIL TERM vs. MURIS KARAMOVIC AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to MURIS KARAMOVIC on 12/12/05 at 1422 BRADLEY DRIVE, UNIT C-212, CARISLE, P A 17013, in accordance with the Order of Court dated 10/6/05. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. ;7itJ.J! _.i~ D~L G. SCHMIEG, ESQ Date: December 14. 2005 " .. , SALE DATE: MARCH 8. 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WASHINGTON MUTUAL BANK, FA, F/K/A WASHINGTON SAVINGS BANK, FSB No.: 05-3545 CIVIL TERM vs. MURIS KARAMOVIC AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.c.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1422 BRADLEY DRIVE. UNIT C-212. CARISLE. PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ( March 6, 2006 , .. W ASIDNGTON MUTUAL BANK, FA, FfKJA W ASIDNGTON SAVINGS BANK, FSB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MURIS KARAMOVIC NO. 05-3545 CIVIL TERM Defendant(s). AFFIDA VlT PURSUANT TO RULE 3129 (Affidavit No. I) WASHINGTON MUTUAL BANK. FA. F/KJA WASHINGTON SAVINGS BANK. FSB, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .1422 BRADLEY DRIVE. UNIT C-212. CARLISLE. PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MURIS KARAMOVIC 1422 BRADLEY DRIVE, UNIT C-212 CARLISLE, PA 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None , " 4. Name and address ofIast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on.the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHEASANT RUN CONDO. ASSOCIATION 1824 STERRETTS GAP AVENUE CARLISLE, P A 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1422 BRADLEY DRIVE, UNIT C-212 CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or infonnation and belief. I understand that false statements herein are made subject to the penalties ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 29. 2005 DATE 1Jcvwd Jj --d~ DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff DATE: ~ -" . WASHINGTON MUTUAL BANK, FA, F/KJA WASHINGTON SAVINGS BANK, FSB vs. MURIS KARAMOVIC TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): MURIS KARAMOVIC PROPERTY: 1422 BRADLEY DRIVE, UNIT C-212 CARLISLE, P A 17013 Improvements: Residential dwelling Judgment Amount: $59,497.38 CUMBERLAND COUNTY NO. 05-3545 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on MARCH 8, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sherifi's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. .'i ..-., (" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 2nd day ofDec, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 3545, at the suit of Washington Mutual Bank FA aka Washington Savs BK FSB against Muns Karamovicb is duly recorded in Deed Book No. 273, Page 3724. IN TESTIMONY WHEREOF, I have hereunto set my hand 629 tl )fj~ ,A.D. dtft}~ and seal of said office this day of ,- Washington Mutual Bank, FA f/k/a Washington Savings Bank, FSB VS Muris Karamovic The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3545 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, in the following manner: The Sheriff mailed a copy of the within action to the within named defendant, to wit: Muris Karamovic, by certified mail, return receipt requested, restricted delivery, deliver to addressee only, at his last known address of 2332 Telegraph Road, St. Louis, MO 63125. This letter was mailed on the date of December 19,2005. The return receipt card was signed by the defendant, Moos Karamovic on January 14,2006 and returned to the Cumberland County Sheriffs Office on January 24, 2006. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on January 10,2006 at 6:09 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Muris Karamovic, located at 1422 Bradley Drive, Unit C-212, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice ofthe pendency of the action to the within named defendant, to wit: Muris Karamovic, by regular mail to his last known address of 2332 Telegraph Road, St. Louis, MO 63125. This letter was mailed under the date of January 24, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Philadelphia, P A 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,345.66. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library $30.00 26.39 15.00 15.00 30.00 10.00 .50 ~ ' Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 1.00 4.40 21.84 15.00 20.00 .78 599.00 471.20 21.05 25.00 39.50 $1,345.66 Sworn and subscribed to before me 2006, A.D. So ~wJi:'i: ~ r~p4 R. Thomas Kline, Sheriff By00~~ Real Estate Sergeant 36. IiO o...JL ~ J.~~ Ck..- .';-3 3 ~ 'f ~. { 1"11'17 . J. WASHINGTON MUTUAL BANK, FA, FIKJA WASHINGTON SAVINGS BANK, FSB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DMSION MURlS KARAMOVIC NO. 05-3545 CIVIL TERM Defendant{ s). AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No.1) WASHINGTON MUTUAL BANK. FA. FfKlA W ASHINGTON SAVINGS BANK. FSB. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following infonnation concerning the real property located at .1422 BRADLEY DRIVE. UNIT C-212. CARLISLE. P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MURIS KARAMOVIC 1422 BRADLEY DRIVE, UNIT C-212 CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ,. j. , 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on.the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PHEASANT RUN CONDO. ASSOCIATION 1824 STERRETTS GAP AVENUE CARLISLE, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 1422 BRADLEY DRIVE, UNIT C-212 CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 29. 2005 DATE tJ~JI~~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff . ~ - WASHINGTON MUTUAL BANK, FA, FIKIA W ASHlNGTON SAVINGS BANK, FSB Plaintiff, CUMBERLAND COUNTY No. 05-3545 CIVIL TERM v. MURlS KARAMOVIC Defendant(s). November 29,2005 TO: MURIS KARAMOVIC 1422 BRADLEY DRIVE, UNIT C-212 CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR mAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY." Your house (real estate) at .1422 BRADLEY DRIVE. UNIT C-212. CARLISLE. PA17013. is scheduled to be sold at the Sheriffs Sale on MARCH 8. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $59.497.38 obtained by WASHINGTON MUTUAL BANK. FA. F/KIA WASHINGTON SAVINGS BANK. FSB (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To fmd out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav nolbe sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN unit designated as No. E-3, being a unit in Pheasant run Estates, A Condominium, located in north Middleton Township, Cumberland County, Pennsylvania, which unit is located on the Second Floor, Building VI, as designated in the Declaration of condominium recorded September 24, 1980 in the Office of the Recorder of Deeds for Cumberland County, in Miscellaneous Book 258, page 6, and in the Declaration Plans as recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book Volume 38, page 112. TOGETIIER with all right, title and interest, being .0059524% interest in and to the Common Elements as more fully set forth in the aforesaid Declaration of Condominium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions, easements, and restrictions, of record and to the provisions, easements, covenants and restrictions as contained in the Declaration of Condominium, code of Regulations and Declaration plans. BEING known and numbered as Unit C-212, 1422 Bradley Drive, Carlisle, Pennsylvania 17013. The Grantee, for and on behalf of the Grantee and the Grantee's heirs, personal representative successors and assigns, by acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the common elements as may be accessed from time to time by the council in accordance with the Unit Property Act of Pennsylvania and the Uniform Condominium Act, and further covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that except in so far as said Acts may relieve a subsequent unit owner of the liability for prior unpaid assessments, this covenant shall run with the and bind the land or unit hereby conveyed and all subsequent owners thereof. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to aforedescribed tract of land, recorded or unrecorded. BEING mE SAME PREMISES which Douglas J. LaRue, single man, by Deed dated September 26, 1997, and recorded October 2, 1997, in the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Record Book 165 Page 535, granted and conveyed unto Matthew S. Madeira The said Matthew S. Madeira has since intermarried with Jody L. Madeira who joins in this conveyance to divest any and all interest in said premises. Being Parcel # 29-17-1583-015B RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Moos Karamovic, adult individual, by Deed from Matthew S. Madeira and Jody L. Madeira, husband and wife, dated 3-31-04, recorded 4-1-04 in Deed Book 262, page 1543. PUMlt~1 RliNG: 1422 BRADLEY DRIVE, UNIT C-212, CARLISLE, pA 17013 WRIT OF EXECUTION and/or >\TTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3545 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, FIK/A W ASHINGTON SAVINGS BANK, FSB, Plaintiff (s) From MURIS KARAMOVIC (I) You are directed to levy upon the property ofthe defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attaclunent has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fOlmd in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $59,497.38 L.L. $.50 Interest FROM 11/29/05 TO 3/8/06 (PER DIEM - $9.78) - $968.22 AND COSTS Arty's Connn % Due Prothy $1.00 Atty Paid $119.00 Other Costs Plaintiff Paid Date: DECEMBER 2, 2005 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQmRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPIllA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ill No. 62205 .,' I'..; Real Estate Sale # 40 On December 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1422 Bradley Drive, Unit C-212, Carlisle, more fully described on Exhibit "A" Date: December 16,2005 By: V~r1tf-nUfh Real Estate Sergeant .. ~ ~ ~ Vi;) filed with this writ and by this reference incorporated herein. 8\ ()I 'V Q-330!lIU 'Vd ')'I/oinDO OH\f ld38HOll ::I:l1\l3HS 3Hl .:10 331.:JM9 i '... THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth ofPelU1sylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. 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 personallmowledge 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 SALE#37 006 A.D. NOT PUBLIC My commission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 j .-" C "., 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOU RNAL (Under Act No. 587, approved May 16, 1 ')29), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAN D : Lisa Marie Coyne, Esq((ire, Editor of the Cumberland Law Joumal, ofthe County and State aforesaid, being duly sw,"". according to law, deposes and says that the Cumberland Law Journal, a legal periodical publ ,,;Ilcd in the Borough ofCarlislc in the County and State aforesaid, was established January 2, I <)52, and designated by the local courts as the official legal periodical for the publication ui "I] legal notices, and has, since January 2, 1952, been regularly issued weekly in the said COllJiIV, and that the printed notice or publication attached hereto is exactly the same as was prinkLi 111 the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: January 20,27, I.cbruary 3, 2006 Affiant further deposes! IJat he is authorized to verify tllis statement by the Cumberland Law Journal, a legal periodical "i" general cirClllation, 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. TO AND SUBSCRIBED before me this day of _I:cbruarv, 2006 ~I~~~;y.J~.~~ .~ ',.: 'C REAL BSTATB IlALE JIIO. 37 I Writ No. 2005-3545 Civ1l Washington Mutual Bank, FA. flkl a Washington Savings Bank, FSB vs. Muris Karamovic Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN unit desig- nated as No. E-3, being a unit In Pheasant Run Estates. A Condo- minium, located in North Middleton Township, Cumberland County. Pennsylvania. which unit is located on the Second Floor, Building VI. as designated In the Declaration of condominium recorded September 24. 1980 in the Omce of the Re- corder of Deeds for Cumberland County. in Miscellaneous Book 258. page 6. and In the Declaration Plans as recorded In the Office of the Re- corder of Deeds for Cumberland County. Pennsylvania. in Plan Book Volume 38. page 112. TOGETHER wlth all right. title and Interest, being .0059524% In- _ In and to the C..,......, Ele- ments 88 man: fu11y oct forth in the aforeaaid Declaration of Condo. m1nium and Declaration Plans. UNDER AND SUBJECT to all agreements, conditions. easements. and restrictions. of record and to the provisions. easements. cov- enants and restrictions as contained in the Declaration of Condorntntum, code of Regulations and Declaration plans. BEING known and numbered as Unit C-212. 1422 Bradley Drive. Carllsle. Pennsylvania 17013. The Grantee. for and on behalf of the Grantee and the Grantee's heirs, personal representative successors and assigns, by acceptance of this Deed, covenants and agrees to pay such charges for the maintenance of. repairs to, replacement of and expenses in connection with the common elements as may be ac- cessed from time to time by the counell in accordance with the Unit Property Act ofPennsylvanla and the Uniform Condominium Act, and fur- ther covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that except in so far as said Acts may relJeve a sub- sequent unit owner of the liability for prior unpaid assessments. this covenant shall run wlth the and bind the land or unit hereby conveyed and all subsequent owners thereof. SUBJECT. HOWEVER. to such easements, restrictions and condi- tions that may apply to afore- described tract of land, recorded or unrecorded. BEING THE SAME PREMISES which Douglas J. LaRue 8InfIIe man by Deed dated Septem~ 26, 1997: and recorded October 2. 1997. In the om"" of the Recorder of Deeds Cumbertand County . .~ in Record Book 165 Page 535 granted and conveyed unto Matth.v.: S. Madeira. The said Matthew S Madeira has since intermarried wlth Jody L. Madeira who Joins in this conveyance to divest any and all interest in said premises. BeIng Parcel # 29-17-1583 015B. - RECORD OWNER TITLE TO SAID PREMISES IS VESlED IN Muris KaramOVlc adult individual. by Deed from M~tthew S. Madeira and Jody L. Madeira husband and WIfe. dated 3-31-04' recorded 4-1-04 in Deed Book 262' page 1543. . PREMISES BEING: 1422 BRAD- LEY DRIVE. UNIT C-212. CAR- LISLE. PA 17013.