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HomeMy WebLinkAbout06-3271JAMES D. MURICEAK and CAROL A. MURICEAK, Plaintiffs V. JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA 0. OSOJKIC and MUJESIRA OSOJKIC, Defendants CUMBERLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS NO. o(o - CIVIL ACTION - LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita or en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 JAMES D. MURICEAK and CUMBERLAND COUNTY, PENNSYLVANIA CAROL A. MURICEAK, COURT OF COMMON PLEAS Plaintiffs V. NO. JASMIN OSOJKIC, f ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants : CIVIL ACTION - LAW COMPLAINT AND NOW, come Plaintiffs, James D. Muriceak and Carol A. Muriceak, by and through their attorney, Robert B. Lieberman, Esquire, and file this Complaint against Jasmin Osojkic, Ermina Osojkic, Sabrija O. Osojkic and Mujesira Osojkic, and in support thereof avers as follows: Plaintiffs, James D. Muriciak and Carol A. Muriceak, husband and wife, are adult individuals residing at 440 Springhouse Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendants, Jasmin Osojkic and Ermina Osojkic, husband and wife, are adult individuals residing at 400 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendants, Sabrija O. Osojkic and Mujesira Osojkic, husband and wife, are adult individuals residing at 1460 Rt. 57, Port Murray, New Jersey 07865. 4. On or about January 12, 2005, Plaintiffs, James D. Muriceak and Carol A. Muriceak, (hereinafter sometimes referred to as "Sellers") and Defendants, Jasmin Osojkic, Ermina Osojkic, Sabrija O. Osojkic and Mujesira Osojkic, (hereinafter sometimes referred to as "Buyers") signed a written Sales Agreement for the sale of the real property known as 6002 1/0 us iQN i e F 1z: /77 eC i, /P /vic s 13V,-G BRIJA O. OSOJKIC N 55-33/212 7L 12.1 JESIRA OSOJKIC 9482645207 1460 RT. 57 PORT MURRAY, NJ .07865.4043 G eq? l7t7' 1 2vST046Rou,?cD of plh?`` -4 n 1?uTte,?yB?' $ ?oro?i ^ m ? ?? rr e TffOUSeN , fi ?,_, 0 Fleet 90031 Hx?pM1rt%a?"i M1W OI&e erg„ inn "?"S ?_ D?0 a v reh*i zi ,?*'+A Fora-- S, r ------ - 1:02i200 339?: 94826 4520 EXHIBIT "B" Robert Drive, Hampden Township, Cumberland County, Pennsylvania 17055. A true and correct copy of the Sales Agreement is attached hereto and made a part hereof as Exhibit "A". 5. Pursuant to the terms of the Sales Agreement, Buyers paid a deposit in the amount of Five Thousand ($5,000.00) Dollars to Sellers. The deposit was paid by Defendants, Sabrija O. Osojkic and Mujesira Osojkic, by check dated January 4, 2005, and deposited into the trust account of Ronald D. Butler, P.C. A true and correct copy of said check is attached hereto and made a part hereof as Exhibit "B". Pursuant to the request of R. Mark Thomas, Esquire, attorney for Buyers, the Sales Agreement was amended so that Ermina Osojkic was listed as the only buyer. On or about January 24, 2005, Sellers and Ermina Osojkic signed the Amended Sales Agreement for the sale of the real property known as 6002 Robert Drive, Hampden Township, Cumberland County, Pennsylvania 17055. A true and correct copy of the Amended Sales Agreement is attached hereto and made a part hereof as Exhibit "C" 9. Subsequently, Buyers refused to purchase the real property pursuant to the terms of the Sales Agreement and Amended Sales Agreement and there exists a dispute between Buyers and Sellers as to the disposition of the deposit. 10. Pursuant to the terms of the Sales Agreement and Amended Sales Agreement, Plaintiffs are entitled to the $5,000.00 deposit upon Defendants' failure to make settlement by paying the purchase money in full on or before February 10, 2005. 11. On or about November 3, 2005, Ronald D. Butler, P.C. t/d/b/a Butler Law Firm filed a Bill in Equity for an Interpleader to No. 05-5732. 12. By Order dated November 9, 2005, Judge Kevin A. Ness granted the Bill in Equity for Interpleader and granted permission to Ronald D. Butler, P.C. t/d/b/a Butler Law Firm to transfer the $5,000.00 deposit then held in its trust account to the Court pending resolution of this matter. WHEREFORE, Plaintiffs, James D. Muriceak and Carol A. Muriceak, respectfully requests this Honorable Court to enter a judgment in their favor and against Defendants, Jasmin Osojkic, Ermina Osojkic, Sabrija O. Osojkic and Mujesira Osojkic, to enter an order directing the Prothonotary of Cumberland County to release the funds held in escrow to Plaintiffs to satisfy said judgment and to grant all other relief as is appropriate. Respectfully submitted, By: Robert B. Lieberman, Esquire l.D.#olo fq 500 North Third Street, 12`h Floor Harrisburg, PA 17101 (717) 236-1485 a." I FAX N0. FROM :DROTHERandSISTER FOOD SERV]_ES FAX NO. :'175yggp, of a/2oa5 13 OD FAI_j719RB0bl8 A1alitlcollpon . IC, 1005 4:19116 7172367777 Jan. 12 2005 05:06PM P1 Jan. 12 2095 05:13PM P1 NO. 745 F.Wd[V1 ti. Ting AGR OF 5ALS f>xda wd mmad iam this dty of 3aanw.1005. bemacu JAMES A. MMCUX and CAROL A. MURC&tt[. hls in*. 04440 SprinSooaa Read. Camp Full, POWWAvania 11011. pause afdle fintpatOWAbm8itteftrad do ss VSwUw" , and 7ASMW QMWC and ARM NA Q3QWG hie wilt, of 400 Paaees Dtiw, mwb=iosu v& pan,sylvtmla 17050, and UARRUA 0.OSOJW and MUIWVA OBQ= Ws wife; of 1460 Rt. 57, Yon MWMY, New Jaaay 07865, patios of ito wound Prot "Mimft al'arred m at "auyt"l. TLe 3d1ar apow to sell end convey and dw Bw a savas to podum the 10011 Nate siuwk is H=Pbm Towtuldp, CtmlbwlMd County, Pmwlvaoia, kwwn as 6002 PAbon Dtfv& uWchtmicebbwS. Powasylvsola 17035 on the AM*w!M bane sad omid'niona; 1, gda. Suyet agrees to pay m conddeuzim for Nld Pes®isa the mm of Olm Attidred Tmety-PSve Thmsand Five Rmadtad (5135,500,00) DOUtra. Soft a w wjed ffw mat it chedr in %c amount of'P1ve T1u+usand (65,000.00) DuUam hiss bem depodw in Ow awt acmlme of dhelt stomeys, Botha Lew Phan. 2. oiN. Tbia A fraammt is aubjeel to the ibnawlni< eou*4gaootim: (9) 116 AVIPWWnt 19 a gftS mt Vft Httysa obcaip AS It MIYWS WK a satis&mry borne iaapeotion report on the pteparty. (b) 7Si3 Agoon w is contluasat upoa Buyer obtatni gg 9 Httyds 0011 a awtvictory sw#v oft e prvpaty. EXHIBIT "All FROM FAX N0. FROM :FJRDTHERandS;STER FOOD SEPO ES fAx Np, :72''SSBa&3$ U1:'11/9M 12:95 FAY 197382505.8 Atlacciccoapou JAN.10ADD5 4:20PM 7172167i77 Jan. 12 2005 05:06PM P2 Jar,. 12 2005 OS:IAPM P2 NO, 45 f,GUQVA Buys macs stake s good tbith attempt to s0* oil of rheas ocudupwAm ott or be6ro Jamtmy 21. y00S. Da tits avant dw all of ssutb coutitsoemalae have rot baaa sable by 7aaaary 21, 2005, dyad either 99D& to Dwyer may dm*m this Aareamtem nail ad void. 1. SdaMM a<1. LtPtat me tktluta of 9se Httyar to mats aetdamsms by Psyinp pan:basa money JAM on cr befem F66mny 10, 2005. WA A{reatouri alts!! be tt nW= tod aid tbs ammtat paid by Sayer shall bs farteibd as liquidated dmoagaa It is tmdottttood sad rimed that if any of the afor"aid aeaalupmic a are not aatietle4 dte dwaait wilt be rettteaad O. Ngo-ReA Tah,re llxhaa. The pbmtbtas. hodng me paamsaamt I&!shmmNs, @W 811 t vm sbrabbery and plans and all stasm windows, itoem dam and MI" atattoe,f am in of on the ptemima as oonsidesed pat of the teal *am The We abw Io9oludes 60 abed, reMfesuor and gas !lteplaea 1. ImAdM351S. Rail estate "nofet Wass shalt be dteidsd **MW bataresn Hagar wed Shcer• 6. app Foasearlon :ball bavm by 9a11arw H at setdeaaeet. However, Seller resolves a:& dgAt so tba exclusive vae of dz r" as p mV for a period ofap to an (6) moaft f6dowing uttlemenl• 7. mdw=. The tanea, lasts, tratar attd. aewarmm sad all o9m periodic,imms end cZwSm upon tbs above des ibad pteotiees shall be appexdonmd d the fte of sealemmt- S. RjiF..f sma. Sel10r shall beff h9k of :oa from fte of o4m oaana* mil time of eettwmem to dis event of damn= to the ptopeny by fits or other easaaby. Buyer dat have •a_ FROM : FAX NO. : FROM :BROTHCP.AntlS!STER FOOL SERVICES FAX NO, ;"I-?5PEeP UY!t1!2UU? 1Y:00 F.td 26768049618 etlantldoepon ,nN.1C.2405 <;2aPM 7!72357777 the opttoa of rtatyoding this Agc=aet and rocaivbty NO Jan. 12 2005 05:06PM P3 Jan. :2 2005 05:14AM P3 NO, 745 P. Y` Mousy Paid en soeamt or of sane bas du pgperw in its thew eeswuVn witb 2ba prersode of atw imuzews recovery obtainablaby S*lW- 9. Tif7t. SsUa sbsu convoy to 8twer by agecial warm M dead good and marketable title (wbisla tan be card" by Buyada attomoy or imsered st antndwd 10204 by s situ eaao?aoy"Vastly 1> S tit).ee iu P mtaylowus) dubjest to bulldht8. ZOM3* amd deed mcli6ttnae sad euamtews of rocmd or viaibla by tespacdon to, " ..."..f rJ In am menial ddacU are farad In the d& sod WPQI d to War. dum if am* delbcts are mat msedby Seller within uxty (Stn dsya the ooattsei sw boceme null aw Vold at the opdon of Huger. Seller tt ?sse ID the sppliaseiom of ae tand? of tLa pur"c =may as required TO the' peyaumt of liana Dud ftIc mrbrtoesa at asulm] M it. DMd Buyer teaervas the tight w aetify SaDar u atgy titaepsler m aasllaameoi a to the exact nom Zhu shall appear an the dead to the gym, tw. 12. AM & DW Agreemaot sball be bindioa upon and hum to the bUOM Of ft p"a hsrma, dwk respootlve papnal apreamthtives and W4 W. IN WIThTAS `VHM$ OF. the parties haw h4mvito an tbair has& aad "s the qty wd year drat above egitwL ?(?ITNBSS: .?7 (,, r!? e .6. FROM : FAX NO. : Jan. 12 2005 05:07PM P4 FFO1,1 :BR=THERindS:STEP FOOD SERVICES FAX NO, :?175SG9Ti5 01/11/2086 14:08 FAS 10730250018 A[laotlcCOUPOU 1Ah.10,:005 4:20FN 7172167777 Jan. 12 20M 05:15PM P4 NO. 145 P. u" ?i6 wad) wmtu o) 0. war C .1 e -4. !u o V MAL) s . . a or ?„p . css?sa FAX NO. FROM :BR0THERan4!STER FOOD SERUICES FAX, NO. :71755888.',5 rRom F'W NO. ON. 21 ? „ a i 91 b± ' : TO I7 Feb. 09 2005 10:32AM P1 Jan. 25 2005 12:51PM P1 Jan. BA 3005 03:S4PM PI o o9S P. TW$ A0A2V )n' OF SALE made Gad ealcmd into eks Sow dw of Irttsbry, 2005, between I.AM85 D. IvILIRICPAK and CAROL A. MURlCBAZ. his wlb, of to SptinghouYe RNA Camp !Gill, Penmylvamb 17011, ylMJN of the Antptn 0tenieefhrtethted to is "ShcIWI. ant 1 ANUNA OSOJKJC of 400 PPim Drive. Moehatriesbwg, PlmoaylvUda 17050, Duty altlta lettmd pat Qtarnna0er:eiemrd to o "t3nyaf'), The Selka UZTCN to Bell attd Gamey ltd the t)tiyar agrees to purchase *A rant UtW cttum in Nompdaa Townshm Cumbutand County, Pwrahanle, k w%% tta 0002 Rabat ntfY& Maehrvmburs, PaaftIvanis 11059 tm the fallowing k:T= and eogdldons: 1. Psico Bayer &Wm to PaY at mtsidwblioe &r add pmesim dw sum of OtM Hurdred Thiaty-Fl%e Tbeusand Vivo Huudmd (5135.500.00) Dollars. Safer aekaea9edpr dte a eheeb ;n the amount of Eive 73otuand (S.S.D00.00) pollee has basal deDssiadla ffie aoe seecum of && ataorrmys, butler Law Firm 2. nLisS. This ASHIPI lrtt is sobjaet to the following 009fiagrdsa: (a) TLis Agteetneot it Goyingoot Uxm Buyer obtainng at super cost a astiafmwy homy kntpwwrl repmt on the property. (b) 'ibis Ags®ement is evalingant upon Buyer obtaining at Huysia Volt a weisfsetory survey of the property. Buyer mua make a good faith attempt to aatbtfy all of these contingencies on s be@rce Ltcuemy 29, 2mf. In Ste event dw all of auelt oontiup rim as have not beta satisfied 3v I&JUNy U. 2005. dtee either Seller or Buys may declare Ihir As "tuarnt tall and void. FXHW:._r1¦L, FROM FAX NO. : Feb. 09 2005 10:33AM P2 FROM :BROTHERandSISTER FOOD SERVICES FAX NO. :?P55GSS35 Jan. 25 2005 12:51PM P2 i. .,. ?..?? ..u,w.• 4w' 'L is ... 7. SWUM4i. upon tt:t Win of the Buyer to miles taplmad by Psylns the pwohieo money is Will on or before Febmery, lLO, 1003 - *& Agrwnenr shall be taamlaatad and the amount paid by &a Buyer "ll be tb, relied as liquidated daosgsa It ie usgaaesod and tyseed thM It any ofrhe afbreaoid coatiuiaec'cs are not'Idsilsad, ON deposit will be rosined 4. She phuttbtug, :uatit•; and yeMenent light flxtrrea, ad all trees, ahr ibbors' and plum and all stora windows. storm dean and relapd ZNVAM app is or on the pree foes are aottadeted part of the real MM Its agile alto inehtdee the shod, reiNSoratec sad so llroplaoe. S. tm,efor Ta,? Real eetata truss fir taxes aball be divided equally hatwaan Buys and smile, 6. Romeadom Poiltaeton shill be situ by Sella to Aoyee at eetuomm I3evwar. seller rasarvao the right to the axehative use of the two tar sarase for a boded er tae to rite (d) atomho following sonlomeet. 7. The races, re:ds. water ona sever saes and a>J adios periodic claims seat rharltea upon the above described premises seen be apportioned at t>se trace of eattletaeot s. R+'v er "•e• Sclla shall bear risk of bas ftpre Qto or occur oeeuslry mad, grey, of satiemmt. to du crud of daraje to the pmpcrty by tare or odter eaattaky, BW W shall hWc tM option oftveeittdint Ible Agres:nenc and aer..vtg sty pansy ysid on uma?e er of acceptias the proeorty in Its Ibso condition 44.1 & pracesdc of N%V IaattrglCe raepVely obtainable by Saw. FROM 7 FAX NO. : Feb. 09 2005 10:33AM P3 FROM :ERCTI-ERandSISTER FOOD SERVICES FAX NO. :71755888 5 Jan. 25 2M 12:52PM P3 FROM t1 l b FAW,, NO, Jan. 24 2086 03:SSPM P3 ", c 7177i677i .ago a 9. tj?, Bdhr shad] oamay l0 8uyr by apeeul v?elsuty Bleed /yam estd mark"bls twe (mbleh m bb eemmsd by buyeds stretney or insured at atQdmd rstee by a tide tOMWY Mdrly WWW tltlss in Peoosylvanis) sopjb:¢ w ?uHdhM seatey ra 4410 resektiooa sad si"mists of record or A 11ble by in6DSetlon, 10. xnleetiee ar'"'e, In else msserisl dedets are NNW in she We and reprpd to Seller, than if sash d?lboM 00 emt culed by Scher within slny W) OM the alAllebt si en beeonse nun sad Vold Y the epuoo olBsyer. Ssllu a0nla ro dle ippnoadop et a aslsah of Sfie pvcham many as mquhed to the Payment of Dou end msumbmam is aey mmo. 1 t, LADLEM Buyer MEMO to ysy to scuff 0 WOW equm to W ISSNI &es an& so be 4mmed by SleLr in oonnecaon wish this sraamim. V0+ ?'O ?.rGa e >fsw Ar G.gYee.J .-f1o- by boyar a.?d Se//e% It. lmstdb This Ayreamees shall be bindm$ upon ad i6two to Ibe bit"St eadb putims kerve, thtif reapeetive prsonsl ,aprs snsauva and aselgea IIJ %TCNBSS WlitRmW, eta patties lava hestoueto ad %* hands and mu t'he day red YW &61 abosv wiltm. WITMISS: .t (SUL) tun" P Mwu"L "M LmcTA u Bose x,vvft ?, `ii eh ' jd ? c 43XAL) EMMA e, ayw 14 - -s. VERIFICATION We, James D. Muriceak and Carol A. Muriceak, Plaintiffs herein, hereby certify that the facts set forth in the foregoing Complaint are true and correct according to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Jm Muriceak Date: t Carol A. Muriceak Date: 0` ! JAMES D. MURICEAK and CAROL A. MURICEAK, Plaintiffs V. JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants CUMBERLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS NO. CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Robert B. Lieberman, Esquire, hereby certify that on the ? day of June, 2006, I served a true and correct copy of the foregoing Complaint by depositing same in the United States Mail, postage prepaid, certified mail, return receipt requested in Harrisburg, Pennsylvania, addressed as follows: Sabrija O. Osojkic 1460 Rt. 57 Port Murray, New Jersey 07865 Mujesira Osojkic 1460 Rt. 57 Port Murray, New Jersey 07865 Robert B. Lieberman, Esquire I.D.#a761q 500 North Third Street, 12a' Floor Harrisburg, PA 17101 (717) 236-1485 '? ?? II ? O W r-> ?"} j ?ti7 ?'? . -1 ? efly- 4 ?? ?_ ,? LJ r t .-: i? ?,,. [','1 ^ , . tt ?, - ;D / ?? ..c; (_.1 i? l._ JAMES D. MURICEAK and CAROL A. MURICEAK, Plaintiffs V. JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESI A OSOJKIC, Defendants CUMBERLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS NO. 06-3271 Civil Term CIVIL ACTION - LAW NOTICE TO PLEAD TO: James D. Muriceak and Carol A. Muriceak, Plaintiffs: You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. R. Mar Thomas, Esquire Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: 717-796-2100 JAMES D. MURICEAK and CAROL A. MURICEAK, Plaintiffs V. JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants CUMBERLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS NO. 06-3271 Civil Term CIVIL ACTION - LAW ANSWER. NEW MATTER AND COUNTERCLAIM AND NOW the Defendants, JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, by and through their counsel, R. Mark Thomas, Esquire, and file this Answer, New Matter, and Counterclaim, and in support thereof respectfully represent: Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 9. Admitted in part, denied in part. It is admitted that neither the Sales Agreement nor the Amended Sales Agreement were consummated, but the failure to complete the agreement was not due to Buyers' refusal, but ultimately was due to the Sellers' termination of the agreement on February 10, 2005. 10. Denied. This allegation is a conclusion of law to which no responsive pleading is required and therefore same is denied. By way of further answer, Defendants are entitled to the return of their $5,000.00 deposit since the sale of the property was not completed due to Sellers' refusal. 11. Admitted. 12. Admitted. WHEREFORE, Defendants, JASMIN OSOJKIC, ERMINA OSOJKIC, SABRUA O. OSOJKIC and MUJESIRA OSOJKIC, pray that this Honorable Court will enter an Order directing that the Prothonotary of Cumberland County release the funds held in escrow to the Defendants and not to the Plaintiffs. NEW MATTER 13. The answers set forth in Paragraphs 1 through 12 are hereby incorporated herein as if set forth at length. 14. The original Sales Agreement was prepared by counsel for the Sellers and was signed by Buyers who were not represented by legal counsel. 15. The Sales Agreement called for settlement on or before February 10, 2005, which was only twenty-nine (29) days from the date of execution of the Sales Agreement. 16. Buyers, Jasmin Osojkic and Ermina Osojkic were first time home buyers and did not realize that twenty-nine (29) days was a short time within which to apply for and receive financing. 17. Subsequent to the execution of the original Sales Agreement, for reasons unknown to anyone other than the Buyers' lender, the Sales Agreement had to be modified, so that ERMINA OSOJKIC would be the only identified Buyer. 18. Buyers, although approved for financing through a responsible lender, namely New Century Mortgage Corporation, did not have the funds available from the lender to settle on or before February 10, 2005. 19. Sometime during the middle of February 2005, Sellers advised Buyers that Sellers were going to terminate the Sales Agreement due to Buyers inability to settle on time. 20. On March 1, 2005, counsel for Sellers sent correspondence to the Buyers advising them in writing that the Sales Agreement was terminated and that Sellers already sold the property to a new buyer. 21. Buyers requested the return of their Five Thousand Dollar ($5,000.00) deposit, but were informed that Sellers were going to keep same pursuant to the Sales Agreement. COUNTERCLAIM 22. The answers set forth in Paragraphs 13 through 21 are hereby incorporated herein as if set forth at length. 23. Paragraph 2 of the Sales Agreement states that the Sales Agreement is contingent upon Buyers obtaining, at Buyers' cost, a satisfactory home inspection report on the property. 24. Buyers promptly engaged a certified home inspector to conduct an inspection of the property which was the subject of the Sales Agreement. 25. On or about January 20, 2005, Buyers received a home inspection report which listed forty-one (41) deficiencies, some of which would be costly to correct. 26. Although the Sales Agreement was contingent upon a satisfactory home inspection report, the Sellers refused to discuss the home inspection report with Buyers. 27. Buyers did not receive the radon inspection report until late January 2005 and the test results indicated radon levels above 4.0 pCi/L, as recommended by the Environmental Protection Agency. 28. Under the terms of the Sales Agreement, if the contingencies had not been satisfied with respect to either Sellers or Buyers, either party had a right to terminate this Sales Agreement by declaring same to be null and void. 29. Since the Sales Agreement was voidable at the request of either party, Sellers should not be allowed to keep the Five Thousand Dollar ($5,000.00) deposit paid by the Buyers. WHEREFORE, Defendants prays that this Honorable Court will enter judgment in favor of the Defendants and against the Plaintiffs and direct the Prothonotary to release the Five Thousand Dollars ($5,000.00) to the Defendants. Respectfully submitted, Z;e R. Mark Thomas, E quire ID #41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 Attorney for Defendants VERIFICATION 1 verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Fa. C.S. §4904, relating to unsworn falsification to authorities. Date: ?1 ??s? Oros ki t i VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. // Data OY/0b ' Of 50.of/d4 OSDJ FCC VERIFICATION 1 verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subiect to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date -\y -?? 6 r^1 69S k, C- VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subiect to the penalties of 18 Ila. C.S. §4904, relating to unsworn falsification to authorities. Dater CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Robert B. Lieberman, Esquire 500 North Third Street, 12th Floor P. O. Box 1004 Harrisburg, PA 17108-1004 Dated: -7 JZ I IA90fa R. Mark Thomas, Esq. F' I r ; ? ? ? _ t ' ' t i J ' :,,J x` .,,.,, ;' c,? . JAMES D. MURICEAK and CAROL A. MURICEAK, Plaintiffs V. JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants CUMBERLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS NO. 06-3271 CIVIL ACTION - LAW PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW, come Plaintiffs, James D. Muriceak and Carol A. Muriceak, by and through their attorney, Robert B. Lieberman, Esquire, and file this Reply to Defendants' New Matter and Answer to Counterclaim and in support thereof avers as follows: REPLY TO NEW MATTER 13. No response is required. 14. Admitted in part and Denied in part. It is admitted only that Sellers' prior counsel prepared the Sales Agreement. Sellers are without sufficient information or knowledge to determine whether or not Buyers received any legal counsel. As such, said allegations are denied and strict proof thereof is demanded at trial. 15. Denied. The document speaks for itself. 16. Denied. Sellers are without sufficient information or knowledge to respond to the allegations made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. By way of further response and explanation, the Sales Agreement was signed by all four (4) Defendants, not just Jasmin Osojkic and Ermina Osojkic. 17, Admitted in part and Denied in part. It is admitted only that at Buyers' request, Sellers' counsel modified the Sales Agreement so that Ermina Osojkic would be the only identified Buyer. Sellers are without sufficient information or knowledge to form a belief as to the truth of the remaining allegations. As such, said allegations are denied and strict proof thereof is demanded at trial. 18. Denied. Sellers are without sufficient information or knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 19. Admitted in part and Denied in part. Sellers notified the Buyers that Sellers were terminating the Sales Agreement due to Buyers' default sometime after February 15, 2006. 20. Admitted in part and Denied in part. The document speaks for itself. 21. Admitted in part and Denied in part. Sellers did not "keep" the deposit. The $5,000.00 deposit was held in escrow by attorney Ronald D. Butler, Esquire, until he received permission to transfer said funds to the Court. It is admitted only that Buyers requested the deposit but that Sellers also made a claim to the deposit monies. WHEREFORE, Plaintiffs respectfully request this Honorable Court to dismiss Defendants' New Matter and to grant all other relief which it deems appropriate. ANSWER TO COUNTERCLAIM 22. No response is required. 23. Denied. The document speaks for itself. 24. Denied. Sellers are without sufficient information or knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 25. Denied. Sellers are without sufficient information or knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 26. Denied. The document speaks for itself. By way of further response and explanation, Buyers did not contact Sellers to discuss the home inspection report or any other contingency prior to January 21, 2005, or for that matter prior to the February 10, 2005, settlement date. Sellers had no obligation to discuss any inspection reports with Buyers after the January 21, 2005, deadline. Paragraph 2 of the Sales Agreement required Buyers to make a good faith attempt to satisfy the home inspection contingency by January 21, 2005. Thus, Buyers right to cancel the Sales Agreement pursuant to this paragraph terminated on January 21, 2005. Buyers subsequent failure to close on the property by February 10, 2005, constituted breach of the agreement and resulted in forfeiture of their deposit to Sellers. Sellers were will within their rights to terminate the Sales Agreement for Buyers failure to settle by February 10, 2005. 27. Denied. Sellers are without sufficient information or knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 28. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. By way of further response and explanation, Buyers did not contact Sellers to discuss the home inspection report or any other contingency prior to January 21, 2005, or for that matter prior to the February 10, 2005, settlement date. Paragraph 2 of the Sales Agreement required Buyers to make a good faith attempt to satisfy the home inspection contingency by January 21, 2005. Thus, Buyers right to cancel the Sales Agreement pursuant to this paragraph terminated on January 21, 2005. Buyers subsequent failure to close on the property by February 10, 2005, constituted breach of the agreement and resulted in forfeiture of their deposit to Sellers. Sellers were will within their rights to terminate the Sales Agreement for Buyers failure to settle by February 10, 2005. 29. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. By way of further response and explanation, Buyers right to terminate expired January 21, 2005. Buyers did not terminate by January 21, 2005. Buyers then breached the Sales Agreement by failing to close on February 10, 2005. Sellers were well within their contractual rights to terminate the contract and are entitled to retain the deposit. WHEREFORE, Plaintiffs, James D. Muriceak and Carol A. Muriceak, respectfully requests this Honorable Court to dismiss Defendants' Counterclaim, enter a judgment in their favor and against Defendants, Jasmin Osojkic, Ermina Osojkic, Sabrija O. Osojkic and Mujesira Osojkic, and direct the Prothonotary of Cumberland County to release the funds held in escrow to Plaintiffs to satisfy said judgment and to grant all other relief as is appropriate. Respectfully submitted, B f? Robert B. Lieberman, Esquire I.D. # 07089 500 North Third Street, 12w Floor Harrisburg, PA 17101 (717) 236-1485 JAMES D. MURICEAK and CAROL A. MURICEAK, Plaintiffs V. JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants CUMBERLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS NO. 06-3271 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Robert B. Lieberman, Esquire, hereby certify that on the 17th day of August, 2006, I served a true and correct copy of the foregoing Plaintiffs' Reply to Defendants' New Matter and Answer to Counterclaim by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 Robert B. Lieberman, Esquire I.D. # 07089 500 North Third Street, 12"' Floor Harrisburg, PA 17101 (717) 236-1485 VERIFICATION We, James D. Muriceak and Carol A. Muriceak, Plaintiffs herein, hereby certify that the facts set forth in the foregoing Plaintiffs' Reply to New Matter and Answer to Counterclaim are true and correct according to the best of our knowledge, information and belief. We understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 6 - ZOO(, Da . r.?.ad-/o c?eG D . J s D. Muriceak vL Carol A. Munce "- rn m m N o G N 66 -3A71 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, on l(o ?lP Stephen Held, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorneys for Plaintiffs DUFFIE, STEWART & WEIDNER A 'Jefferson J. Shipman,/Esgt Attorney I.D. No. 51785 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants 280270 "v ^rl ^cr. x CD JAMES D. MURICEAK and CAROL A. MURICEAK, Plaintiffs V. JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants CUMBERLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS NO. 06-3271 Civil Term CIVIL ACTION -LAW ACCEPTANCE OF SERVICE I , R. MARK THOMAS, ESQUIRE, hereby accept service of the Complaint, in the above captioned case, on behalf of my clients, SABRIJA OSOJKIC, and MUJESIRA OSOJKIC. Dated: R/, 969,61 R. Mark Thomas, Esquire Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055 Attorney for Defendants ? ? ? r_. ? -„ C iT? ?? ,? C i . 'T] ? t`J - j( j i ? ? ? CL --? ;=???? ? + `;. [ j ?C t / ? ? < ? { - .t' SHERIFF'S RETURN - REGULAR IM CASE NO: 2006-03271 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MURICEAK JAMES D ET AL VS OSOJKIC JASMIN ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE OSOJKIC JASMIN DEFENDANT was served upon the , at 0942:00 HOURS, on the 3rd day of July , 2006 at 12 CLOVER LANE MECHANICSBURG, PA 17050 JASMIN OSOJKIC by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 4- Sworn and Subscibed to before me this of So Answers: 18.00 i?? 8.80 .39 10.00 R. Thomas Kline .00 37.19/ 07/05/2006 ,7y„o(, ROBERT LIEBERMAN By: day De ty Sher.' f f v' A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03271 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MURICEAK JAMES D ET AL VS OSOJKIC JASMIN ET AL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon OSOJKIC ERMINA the DEFENDANT , at 0942:00 HOURS, on the 3rd day of July 2006 at 12 CLOVER LANE MECHANICSBURG, PA 17050 ERMINA OSOJKIC by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sworn and Subscibed to By: -? ?l` 7 before me this day De 0 ty Sher/ .00 16.00./ 07/05/2006 .2 y,01, ROBERT LIEBERMAN Sheriff's Costs: So Answers: Docketing 6.00 l' Service .00 -? Affidavit .00 Surcharge 10.00 R. Thomas Kline of A. D. JAMES D. MURICEAK and IN THE COURT OF COMMON PLEAS CAROL A. MURICEAK, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 06-3271 Civil Term JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants CIVIL ACTION LAW MOTION AND STIPULATION TO SETTLE CASE AND NOW, comes Plaintiffs, JAMES D. MURICEAK and CAROL A. MURICEAK, by and through their attorney, Robert B. Lieberman, Esquire, and Defendants, JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, by and through their attorney, R. Mark Thomas, Esquire, and in support thereof avers as follows: 1. That Plaintiffs, James D. Muriceak and Carol A. Muriceak, husband and wife, are adult individuals, residing at 440 Springhouse Road, Camp Hill, Cumberland County, Pennsylvania. 2. That Defendants, Jasmin Osojkic and Ermina Osojkic, husband and wife, are adult individuals, residing at 400 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. That Defendants, Sabrija O. Osojkic and Mujesira Osojkic, husband and wife, are adult individuals, residing at 1460 Rt. 57, Port Murray, New Jersey. 4. On or about June 9, 2006, Plaintiffs filed a Complaint against Defendants in the Prothonotary's Office of Cumberland County, Pennsylvania. 5. That the aforesaid Complaint requested that Defendants be required to pay Plaintiffs the sum of $5,000 which amount represented a deposit for the purchase by Defendants from Plaintiffs of a property situate at 6002 Roberts Drive, Hampden Township, Cumberland County, Pennsylvania. 6. That pursuant to the terms of the Sales Agreement, the prospective buyers paid a deposit in the amount of $5,000 to the prospective sellers. The aforesaid sum was deposited into the trust account of Ronald D. Butler, Esquire. 7. That subsequently the buyers refused to purchase the property pursuant to the terms of the Agreement and a dispute arose between the buyers and sellers as to the disposition of the deposit. 8. That Ronald D. Butler, Esquire filed a Bill in Equity for an Interpleader in the Prothonotary's Office of Cumberland County, Pennsylvania on or about November 3, 2005, requesting an order to transfer the aforesaid $5,000 deposit to Court. 9. That on or about November 9, 2005, the Honorable Kevin A. Hess entered an order directing Ronald D. Butler, Esquire to transfer the $5,000 deposit held in his trust account to the Court which amount is presently being held in the Prothonotary's Office of Cumberland County. A copy of the aforesaid order dated November 9, 2005, is attached hereto and marked as "Exhibit A." 10. That counsel Robert B. Lieberman, Esquire on behalf of Plaintiffs and counsel R. Mark Thomas, Esquire on the behalf of Defendants have reached an agreement for the division of the aforesaid $5,000 security deposit (see attached Stipulation). ? t WHEREFORE, Plaintiffs, JAMES D. MURICEAK and CAROL A. MURICEAK, and Defendants, JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, hereby request an Order directing the Prothonotary of Cumberland County to divide the $5,000 deposit as set forth in the attached Stipulation. Respectfully submitted, Robert B. Lieberman, Esquire 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiffs Respectfully submitted, R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 Attorney for Defendants RONALD D. BUTLER, P.C. CUMBERLAND COUNTY, PENNSYLVANIA t/d/b/a BUTLER LAW FIRM, COURT OF COMMON PLEAS Plaintiff V. NO. CAS- 01U c (,? JAMES D. MURICEAK, CAROL A. MURICEAK, JASMIN OSOJKIC and ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants BILL INEQUITY ORDER AND NOW, this 0 day of e 2005, upon consideration of the Bill in Equity for an Interpleader filed by Ronald D. Butler, P.C. t/d/b/a Butler Law Firm, it is hereby ORDERED that the Bill in Equity for an Interpleader is granted and IT IS FURTHER ORDERED that Ronald D. Butler, P.C. t/d/b/a Butler Law Firm is granted permission to transfer the $5,000.00 deposit currently held in its trust account to the Court pending resolution of this matter. To: Ronald D. Butler, Esquire 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 James D. Muriceak Carol A. Muriceak 440 Springhouse Road Camp Hill, PA 17011 exHisiT:A: BY TH COURT: s .. 6-zpro ar?ota i ? ?7 JAMES D. MURICEAK and CAROL A. MURICEAK, Plaintiffs V. JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3271 Civil Term : CIVIL ACTION LAW STIPULATION AND NOW, this (O day of , 2007, IT IS HEREBY STIPULATED AND AGREED by and between Robert B. Lieberman, Esquire, attorney for Plaintiffs, JAMES D. MURICEAK and CAROL A. MURICEAK and R. Mark Thomas, Esquire, attorney for Defendants, JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA 0. OSOJKIC and MUJESIRA OSOJKIC, that the trust deposit in the amount of $5,000 being held by the Prothonotary of Cumberland County be divided as follows: $3,000 shall be paid to Plaintiffs and $2,000 shall be paid to Defendants. It is further agreed that the check payable to Plaintiffs shall be mailed to Robert B. Lieberman, Esquire, 500 North Third Street, 12th Floor, Harrisburg, Pennsylvania 17101 and the check payable to Defendants shall be mailed to R. Mark Thomas, Esquire, 101 South Market Street, Mechanicsburg, Pennsylvania 17055. Robert B. Lieberman, Esquire R. Mark Thomas, Esquire Attorney for Plaintiffs Attorney for Defendants r? V . C---j / 4 JAMES D. MURICEAK and CAROL A. MURICEAK, Plaintiffs V. JASMIN OSOJKIC, ERMINA OSOJKIC, SABRIJA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants JUL S 6 2007 eIN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3271 Civil Term CIVIL ACTION - LAW ORDER OF COURT AND NOW, this Z c,' day of 2007, following review and consideration of the Stipulation signed by counsel for Plaintiffs and counsel for Defendants, IT IS HEREBY ORDERED AND DECREED that the Prothonotary of Cumberland County shall immediately issue checks from the trust deposit being held in this case as follows: a check in the amount of $3,000 payable to Plaintiffs and a check in the amount of $2,000 payable to Defendants. The aforesaid checks shall be mailed to counsel for the parties: Robert B. Lieberman, Esquire for Plaintiffs and R. Mark Thomas, Esquire for Defendants. BY THE COURT: if LOU A'b" V-; JAMES D. MURICEAK and CAROL A. MURICEAK Plaintiffs, VS. JASMIN OSOJKIC, . ERMINA OSOJKIC, SABRUA O. OSOJKIC and MUJESIRA OSOJKIC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3271 Civil Term CIVIL ACTION - LAW PRAECIPE TO WITHDRAW. SETTLE & DISCONTINUE To the Prothonotary: On behalf of the Plaintiffs, please mark the Complaint filed against Defendants to the above-captioned term and number as withdrawn, settled and discontinued. Dated: July 26, 2007 By- R ert B. Lieberman, Esquire Atty. ID #07089 500 N. 3'd Street, 12th Floor Harrisburg, PA 17101 (717)236-1485 Attorney for Plaintiffs ,. t ? s t , ti • ? 4`?, ?? 14?! r v e ? ?"r rr- :- c? ..., ?? , ?? ? ? C ? ? ?....