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Home My WebLink About00-01739 -.- , --' AMERICANA FINANCIAL SERVICES OF PA, INC. 355 North 21" Street Camp Hill, PA 17011 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. 60 -17:~7 PENNSYLVANIA INSURANCE : CIVIL ACTION - LAW CONSORTIUM FOR SCHOOLS, an Unincorporated Association, PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST,: a Pennsylvania Common Law Trust, J. CHRISTOPHER KERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, ROGERBRUBAKE~SHARON LEARN AND RICHARD LEARN, R.R. #2, Box 2563 Berwick, PA 18603 v. , 2999 (!-,u~ { Yf:futt Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action, -..L Writ of Summons shall be issued and forwarded to ( Theodore A Adler, Esquire Reager, Adler & Cognetti,P.C. 2331 Market Street Camp HilI, PA 17011 (717) 763-1383 Signat e 0 Attorney Attorney LD. No. 16267 Date: March 22, 2000 WRIT OF SUMMONS TO THE ABOVEcNAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HA VE COMMENCED AN ACTION AGAINST YOU. Date: . ?/.:J ~ 100 I /)/~~~:Ot~ot~ ( ) Check here if reverse is issued for additional information --- ~ -- (") <::> 0 ~ ~ c 0 -,"1 ~ ;;;: :;Jl: ...1 ~ ~~ ;:gw, ~ ";:i;Q "'" .-,~-n 8 Z::L1 N '~~Q 2 ~ "1 zc:;: N '"-:1Q ~7 ~ "- G u -0 ?2~ ~ ;< :J:: I , ~8 om .llv ~~ :l>c: r:? -'-l "- ~ ?O "'i) N '< ~ REAGER, ADLER & COGNETTI, RC, ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 1717} 763-1383 AMERICANA FINANCIAL SERVICES OF PA, INC., 355 North 21" Street, Camp Hill, PA 17011, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA Plaintiff : CIVIL ACTION - LAW v. PENNSYLVANIA INSURANCE CONSORTIUM: NO. 00-1739 -:: CIVIL TERM FOR SCHOOLS, an Unincorporated Association, : PENNSYLVANIA INSURANCE CONSORTIUM : FOR SCHOOLS WORKERS' COMPENSATION TRUST, a Pennsylvania Common Law Trust, J. CHRISTOPHER KERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, ROGER BRUBAlCER, SHARON LEARN and RICHARD LEARN, R. R. #2, Box 2563, Berwick, PA 18603, Defendants PRAECIPE FOR ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly enter my appearance on behalf of the Defendants regarding the above-referenced matter. A JURY TRIAl. IS DEMANDED. .~ --1-d ,.. ,. , Michael Balducci, Esquire Attorney for Defendants Attorney 1. D. No. 23931 35 North Fourth Street Sunbury, PA 17801 Telephone: (570) 286-4398 Fax: (570) 286-5414 E-mail: balducci@csrlink.net Date: April 10, 2000 c:je:4/10/00:pics.praecipe . CERTIFICATE OF SERVICE I, Michael Balducci, Esquire, hereby certify that a ~correct copy ofthe foregoing Praecipe for Entry of Appearance has been served this day of April, 2000, by U. S. First Class Mail, postage prepaid, to the following: Theodore A. Adler, Esquire Reager, Adler & Cognetti, P.C. 2331 Market Street Camp Hill, PA 17011-4642 -'t!J~O~J)~ Michael Balducci, Esquire Attorney for Defendant Attorney 1. D. No. 23931 35 North Fourth Street Sunbury, P A 17801 Telephone: (570)" 286-4398 FAX: (570) 286-5414 E-mail: balducci@csrlink.net (") 0 6 c = "n -~ ". 'T',., ~.... -orr ""0 nln' ;:::0 .'lp Z:t -~fT1 :Z:C 0 -fir ~:Z: :'5 ~o !;:C: -0 ----...;-..,-, -- ~ 3:D <70 ~......o "'-i-rr ~(...) y..' c.~~ >c: 2; Ul ~~ XJ. =< 0> -< SHERIFF'S RETURN - OUT OF COUNTY ... . C~E NO, 2000-01739 p. . CQMMONWEALTH OF PENNSYLVAN:J;A: COUNTY OF CUMBERLAND AMERICANA FINANCIAL SERVICES VS PA INS CONSORTIUM FOR SCHOOLS R. Thamas Kline , Sheriff .or Deputy Sheriff wha being duly swarn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS but was unable, ta lacate Them in his bailiwick. He therefore deputized the sheriff .of COLUMBIA Caunty, PBnnsylvania, ta serve the within WRIT OF SUMMONS On April lQth ,,~OQO , this office was in receipt .of the attached return from COLUMBIA Sheriff's Casts: Docketing Out .of county Surcharge DEP. COLUMBIA CO 18.00 9.00 10_00 144.0'0 .00 181.00 04/10/2000 REAGER, ADLER ~~ R. Thamas Kline ' Sheriff .of Cumberland County & COGNETTI Swarn and subscribed to before me this -I" 'E: day of Y' 'f 2/HrO A.D. ~f2a~~ SHERIFF' ,S RETURN - OUT OF COUNTY ~ C~E UCl, 2GGG-Ol739 p'__~.____ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICANA FINANCIAL_SERVICES VS EA-INS CONSORTIUM FOR SCHOOLS , R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PENNSYLVANIA INSURANCE CONSORTIUM/SCHOOL WORKERS COMP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff_of COLUMBIA serve the within WRIT OF SUMMONS County, Pennsylvania, to On April 10th , 2000 , this office was in receipt of the attached return from COLUMBIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 ~ 00 10.00 .00 .00 16_00 04/10/2000 REAGER, ADLER ~~~ ~. Thomas Kline . Sheriff of Cumberland County & COGNE'!'TI Sworn and subscribed to before me this 1'-1 J:3,-- ;J.l>v0 C)'T~ SHERIFF'S RETURN - OUT OF COUNTY CA.8E NO, 2000-01739 p_ _. COMMONWEALTH OF PENNSYLVANIA: CQDNTY OF CUMBERLAND AMERICANA FINANCIAL SERVICES VS Ek_INS CONSORTIUM FOR SCHOOLS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KERWIN J CHRISTOPHER hut was unable to locate Them in his bailiwick. He therefore deputized the sheriff of COLUMBIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On April 10th , 200b , this office was in receipt of the attached return from COLUMBIA Sheriff'-s Costs: Docketing Ou.t of County Surcharge '6.00 .00 10.00 .00 .00 16.00 04/10/2000 REAGER, ADLER ~~ R. Thomas Kline Sheriff of Cumberland County & COGNETTI ~worn and subscribed to before me this. 8~ day of 0.,,,'1 ~ A.D. ~~fl~~' Prothonot:. . SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 20.0.0.-0.1739 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICANA FINANCIAL SERVICES VS PA INS CONSORTIUM FOR SCHOOLS R. Thomas Kline , Sheriff or Depuey Sheriff who being duly sworn according to J,a'(J, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to. wit: DILLMAN DONALD but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of CpLUMBIA County, pennsylvania, to serve the within WRIT OF SUMMONS On April 10Eh, 2Do.o. , this office was In recelpt of the attached return from COLUMBIA Sheriff's Costs: Docketing Out of, Coun,ty Surcharge 6.00. .00 10.0-0 .00 .00 16.0.0. 04/10/2000 , REAGER, ADLER ~~ . Thomas Kline Sheriff of Cumberland County & COGNETTI Sworn and subscribed to before me this I'll:!:- day of ~JP .2AnrV A. D. q,'~'~.' . qr~t~~~~t:a~ ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-0l739 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICANA FINANCIAL SERVICES VS PA INS CONSORTIUM FOR SCHOOLS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ROBERGE WILLIAM but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of COLUMBIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On April lOth , 2000 , this office was in receipt of the attached return from COLUMBIA Sheriff's Costs; Docketing CTo.t of County Surcharge 6.00 .00 lO.OO, .00 .00 l6.00 94jlOj2000 REAGER, ADLER ,.~ R., Thomas Kline Sheriff of Cumberland County & COGNETTI Sworn ann subscribed to before me this j 'I ~ day of Of A, -; ;2o-o-n A . D . (J, a~ ~prothonotary~ SHERIFF'S RETURN - OUT OF COUNTY C~SE NO: 2000-01739 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICANA FINANCIAL SERVICES VS PA INS CONSORTIUM FOR SCHOOLS R._ Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to lao/, says, that he made a diligent search and and inquiry for the within named DEFENDANT ., to wit, HEILMAN PHILLIP but was unable to locate Them in his bailiwick. He therefore deputized the sheriff' of COLUMBIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On April lot:h~, 2000 , tliis office was in receipt of the attached return from COLUMBIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/10/2000 REAGER, ADLER ,SO~~ R. homas Kline Sheriff of cumberland county & COGNETTI Sworn and subscribed to before me this /41&- day of 0',,1 .:L1HfV A.D. ~,,-,-a_n~,~ Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-01739 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICANA FINANCIAL SERVICES VS PA INS CONSORTIUM FOR SCHOOLS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to la,:^" says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BRUBAKER ROGER but was unable to locate Them in his bailiwick. He theref.ore deputized the sheriff .of COLUMBIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On April loth ,2000 , this office was in receipt of the attached return from COLUMBIA Sheriff's Costs: DDcketing Out .of County Surcharge 6.00 .00 . lQ~OO .00 .00 16.00 04/10/2000 REAGER, ADLER so~~ R. omas Kline Sheriff of Cumberland County & COGNETTI Sworn and subscriped t.o before me this l'f~ day of crn/ ;Lo-v-o A.D. ~ (;1. >n:eu.- . ~ Pr.oth.on.otary SHERIFF'S RETURN - OUT OF COUNTY CASE NO, 2000-0l739 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICANA FINANCIAL SERVICES VS FA INS CONSORTIUM FOR SCHOOLS R. Thomas Kline , Sheriff Qr Depucy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEpENDANT , to wit; IiliARN SHARON but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of COLUMBIA County, Pennsylvania, to serve the within WRIT OF SUMMONS On April lOth , 2000 , this office was in receipt of the attached ~eturn from COLUMBIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 lO.OO .00 .00 l6.00 04/l0/2000, REAGER, ADLER s~answe :~ ~',,' .~~ /.Uf~, . , R.homas Klin " , . Sheriff of Cumberlanq County & COGNETTI Sworn and subscrib~d to before me this 1'1' fee day of ~ ~ A.D. ~r-~ ~o~r~" SHERIFF'S RETURN - OUT OF COUNTY C~SE NO, 2000-01739 P COMMONWEALTH OF PENNSYLVANIA: CDUNTY OF CUMBERLAND AMERICANA FINANCIAL SERVICES VS PA INS CONSORTIUM FOR SCHOOLS R. Thomas Kline , Sheriff or Depu~y Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LEARN RI CHARD but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of COLUMBIA County, Pennsylvania, to serve the within WRIT DF SDNMDNS On April 10th, 2000',' this oJ:fice was in receipt of the attached return from COLUMBIA Sheriff's Costs: uoCketing Out of County Surcharge 6.00 .00 10.00 .00 .00 . 16.00 .04/10/2000 REAGER, ADLER ~~' R. homas Kline ., Sheriff of Cumberland County & COGNETTI Sworn and subscribed to before me this /'/t day of O;-J o2-irv-D A . D . gU1P~t~~~y~ . HARRY A. ROAOARMEl, JR. -~- ~ PHONE (570)389-5622 SHERIFF OF COLUMBIA COUNTY COURT HOUSE. P.O. BOX 3BO BLOOMSBURG, PA 17815 FAX: (570) 784-0257 24 HOUR PHONE (5701784-6300 AMERLCAN FINANCIAL SERVICES VS ,OO-CCD-00l739 SUMMONS SHERIFF'S COST$ l44.00 REFUND NONE PENNA INSUANCECONSORTIUM NOW, ""TUE, APR 4, 2000. HIGH SBERIFF OF COLUMBIA.CODNTX, SHERIFF OF THIS WRIT DEPUTATION BEING MADE PLAINTIFF. DEFENDANT'S ADDRESS , I, HON. HARRY A. ROADARMEL JR. ., PE"Nl'fSYLVANIA, DO HEREBY DEPUTIZE THE . ,PENNSYLVANIA, TO EXECUTE AT THE REQUEST AND RISK OF THE SHERIFF, COLUMBIA COUNTY, .' PENNSYLVANIA -~ .~,:-. - AFFIDAVIT OF SERVICE NOW, . THIS 3RD DAY OF APRIL 200er THE WITHIN. SUMMONS , ._" PENNA INSURANCE CONSORTlUM BERWICK, PA l8603 BY HANDING TO ED KOSTEVA - PROGRAM ADMINST. OF THE ORIGINAL, WRIT ANt) MADE KNOWN TO HIM -- -- AT ,AT Ol : 30 O'CLOCK UPON R.R.#2 BOX 2563 P M, SERVED A TRUE AND ATTESTED COPY THE CONTENTS THEREOF. SO ANSWERS, SWORIg, AND SUBSCRIBED BEFORE ME THIS._. TUE, APR 4, 2000 N~~L~ ~ SARAH HOWER " ROADARMEL JR. 3 NOTAAIAL SEAL SARAH J. HOWER. Notary Public BIocmsburg, Columbia County. PA My Cammioslcn ExPires June 21. 2003 HARRY A. ROADARMEL, JR. -~- ~ PHONE (570) 389-562"2 SHERIFF OF COLUMBIA COUNTY COURT HOUSE - P.O. BOX 380 BLOOMSBURG, PA 17815 FAX: (570) 784~0257 24 HOUR PHONE (570) 784.6300 AMERICAN FINANCIAL SERVICES VS 00- CCD-00l739 SUMMONS PA INB CONSORTIUM FOR SqrOQLS SHERIFF'S COST$l44.00 J<EFDND NONE NOW, TUE, APR 4, 2000 HIGH SHERIFF OF ,COLUMBIA COUNTY, SHERU'J;: OF '- THIS WRIT DEPUTATION BEING MADE PLAINTIFF. DEFENDANT'S ADDRESS , I, HON.' HARRY A . ROADARMEL JR. PENNSYLVANIA, DO HEREBY DEPUTIZE THE , PENNSYLVANIA, TO EXECUTE AT' THRREQUEST AND RISK OF THE SHERIFF, COLUMBIA COUNTY, PENNSYINANIA AFFIDAVIT OF SERVICE NOW, THIS 3RD DAY OF APRIL: 200,0 , THE WITHIN ,SUMMONS ,.0 . _ ' PA INS CONSORTIUM FOR SCHQOI:,B BREWICK, PA l8603 BY HANDING TOED KOSTEVA PEOGRAM ADM INS TOR OF THE ORIGINAL WRIT AND MADE KNOWN TO , HIM AT , '- AT QJ.: 30 0' CLOCK. UPON R.R.#2 BOX 2563 P-M, SERVED A TRUE Al:'fD ATTESTED COPY THE' COl5lTENTS :THEREOF. SO ANSWERS, SWO~DSUBSCRIBED BEFORE ME THIS TUE, APR 4, 2000 NO~Cf1~~ dJvtMA SARAH HOWER NOT ARlAL SEAL SARAH J. HOWER, Notal}' Publk: 8/oCmSburg. ColumbIa CounlY. PA My Commission Expi'toS June 21. 2003 Y A. ROADARMEL '- JR_ 3 HARRY A. ROADARMEL, JR. . PHONE (570)389-5622 SHERIFF OF COLUMBIA COUNTY _COURT HOUSE - P .04 BOX 380 BLOOMSBURG, PA 1781 S FAX: (570) 784-0257 24 HOUR PHONE 1'570) 784-6300 AMERICAN FINANCIAL SERVICES VS KERWIN, J. CHRISTOPHER 00- CCD-00l739 SUMMONS SHERIFF'S COST$ l44.00 REFUND NONE NOW, TUE, APR 4, 2000 HIGH SHERIFF-OF COLUMBIA COUNTY, SHERIFF OF THIS WRIT DEPUTATION BEING MADE PLAINTIFF. DEFENDANT'S ADDRESS , I, HON. HARRYA'nROADARMEL JR. PENNSYLVANIA, DO HEREBY DEPUTIZE THE , PENNSYLVANIA, TO EXECUTE AT THE REQUEST AND RISK OF THE SHERIFF, COLUMBLA COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVICE NOW, THIS 3RD DAY OF APRIL 2000 THE WITHIN SUMMONS KERWIN CHRISTOPHER BERWICK, PA l8603 BY HANDING TO ED KOSTEVA - PROGRAM ADMINSTOR OF THE ORIGINAL WRIT AND MADE KNOWN TO HIM AT ,AT Ol : 30 O'CLOCK UPON R.R.#2 BOX 2563 P M, SERVED A TRUE AND ATTESTED COPY THE CONTENTS THEREOF. SO ANSWERS, SWORN AND SUBSCRIBED BEFORE ME THIS ~UE, APR 4, 2000 vhAuJi~~ NOTARY PUBLI SARAH HOWER A.ROADARMEL JR. 3 NOTARIAL SEAL SARAH J. HOWER. No\aly Public Blocmsburll Co/Uml>la CoUnty. PA Mv CommIllIkin ExIlir86 J..... 21, 2003 HARRY A. ROADARMEL, JR. -~,,-- ~ PHONE (570) 389-5622 SHERIFF OF COLUMBIA COUNTY COURT HOUSE - P.O. BOX 380 BLOOMSBURG, PA 17815 . FAX: (570) 7(14.0257 24 HOUR PHONE (570) 784-6300 AMERrCAN FINANCIAL SERVICES VS DILLMAN, DONALD 00" CCDcOO1.739 SUMMONS SHERIFF'S COST$ 144.00 REFOND NONE NOW, TUE, APR 4, 2000 HIGH SHERIFF QF COLUMBIA COUNTY, SHERIFF OF THIS WRIT DEPUTATION BEING MADE PLAINTIFF. DEFENDANT' g'ADDRES'S . , I, HON. HARRY A. ROADARMEL JR. PENNSYLVANIA, DO HERERY DEPUTIZE THE - i PENNSYLVANIA, TO EXECUTE AT THE REQUEST AND RISK OF. THE SHERIFF, COLUMBIA COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVICE NOW, THIS 3RD DAY OF APRIL 2000 THE WITHIN SUMMONS DONALD DILLMAN BERWICK, PA 1.8603 BY HANDING TO ED KOSTEVA PROGRAM ADMINS'rOR OF THE- ORIGINAL WRIT AND MADE KNOWN TO :fIrM AT ,AT 01.: 30 O'CLOCK VPON R.R.#2 BOX 2563 P M, SERVED A TRUE AND ATTESTED COPY THE CONTENTS THEREOF. SWORN.AND SUBSCRIBED BEFORE ME THIS ..TUE, APR 4, 2000 SO ANSWERS, X S OADARMEL JR. NO~~~I~ dbMA SARAR HOWER NOTARIAL SEAl. SARAH J. HOWER. Notary Public BloOmsburg. Columbia CountY. PA My Commission Expire. June 21. 2003 HARRV A. ROADARMEl, JR. .~- ~ PHONE (570) 389-5622 SHERIFF OF COLUMBIA COUNTY COURT HOUSE. P.O. BOX 380 BLOOMSBURG, PA 17815 FAX: (570) 784.0257 24 HOUR PHONE (570) 784-6300 AMERICAN FINANCIAL SERVICES 00- CCD-001739 VS ROBERGE, WILLIAM SUMMONS SHERIFF'S COST$ 144.00 PAID REFUND NOW, TUE, APR 4, 2000 HIGH SHERIFF OF COLUMBIA COUNTY, SHERIFF OF THIS WRIT DEPUTATION BEING MADE PLAINT~FF. DEFENDANT'S ADDRESS , I, HON. HARRY A. ROADARMEL JR. PENNSYLVANIA, DO HEREBY DEPUTIZE THE , PENNSYLVANIA, TO EXECUTE AT THE REQUEST AND RISK OF THE SHERIFF, COLUMBIA COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVICE NOW, THIS 3RD DAY OF ARPIL 2000 THE WITHIN SUMMONS WILLIAM ROBERGER BERWICK, PA 18603 BY HANDING TO ED KOSTEVA PROGRAM ADM INS TOR OF THE ORIGINAL WRIT AND MADE KNOWN TO HIM AT , AT 01 : 30 O'CLOCK UPON R.R.#2 BOX 2563 P M, SERVED A TRUE AND ATTESTED COPY THE CONTENTS THEREOF. SWORN ~D SUBSCRIBED BEFORE ME THIS 'TUE, APR 4, 2000 SO ANSWERS, X S Y A. ROADARMEL JR. ~- , OA oJ? dlow-Ut NO ARY PUBLI:J. SARAH HOWER X D J. 3 NOTARIAL SEAL SARAH J, HOWER, Notary Publlc BIocmsllurg, ~ COunty,?A My CommlSSion Expires June 21, 2003 HARRY A. ROAD ARMEL, JR. -~- ~ PHONE (570) 389-5622 SHERIFF OF COLUMBIA COUNTY COURT HOUSE. P.O. BOX 380 BLOOMSBURG, PA 17815 FAX: (570) 784-0257 24 HOUR PHONE (570) 784-6300 AMERICAN FINANCIAL SERVICES VS HEILMAN, PHILLIP 00- CCD-00l739 SUMMONS SHERIFF'S COSTS l44.00 PAID REFUND NONE NOW, TUB, APR 4, 200D HIGH SHERIFF OF COLUMBIA COUNTY, SHERIFF OF THIS WRIT DEPUTATION BEING MADE PLAINTIFF. DEFENDANT'S ADDRESS ., I-,. HON. HARRY A. ROADARMEL JR. PENNSYLVANIA, DO HEREBY DEPUTIZE THE , PENNSYLVANIA, TO EXECUTE AT THE REQUEST AND RISK OF THE SHERIFF, COLUMBIA COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVICE NOW, THIS 3RD DAY OF ARPIL 2000 THE WITHIN SUMMONS PHILLIPS HEILMAN BERWICK, PA l8603 BY HANDING TO ED KOSTEVA PROGRAM ADMINSTOR OF THE ORIGINAL WRIT AND MADE KNOWN TO HIM AT ,AT Ol : 30 O'CLOCK UPON R.R.#2 BOX 2563 P M, SERVED A TRUE AND ATTESTED COPY THE CONTENTS THEREOF. SO ANSWERS, SWORN AND SUBSCRIBED BEFORE ME THIS TUB, APR 4,.2000 A. ROADARMEL JR. JJwrJc Q ~ NOTARY PUBLICV SARAHROWER 3 NOTARIAL SEAL SARAH J, HOWER. Nola!y Public IlIoclT19bulll. Colombia County, PA My COmmission Expires June 21. 2003 HARRY A. ROADARMEl, JR. .'" .4< ,..-. , ~ .. PHONE (570) 389-5622 SHERIFF OF COLUMBIA COUNTY COURT HOUSE. P.O. BOX 3BO 'BLOOMSBURG, PA 17815 FAX: (570) 784-0257 24 HOUR PHONE (570) 784.6300 AMERICAN FINANCIAL SERVICES VS BRUBAKER, ROGER 00- CCDc001739 SUMMONS SHERIFF'S COSTS 144.00 PAID REFUND NONE NOW, TUB, APR 4, 2000 HIGH SHERIFF OF COLUMBIA COUNTY, SHERIFF OF , _ THIS WRIT DEPUTATION BEDilGnMADE PLAINTIFF. DEFENDANT'S ADDRESS , I, HON. HARRY A. ROADARMEL JR. PENNSYLVANIA, DO HEREBY DEPUTIZE THE , , , PENNSYLVANIA, TO EXECUTE AT THE REQUEST AND RISK OF THE SHERIFF, COLUMBIA COUNTY,PENNSYLV1I.NTK AFFIDAVIT OF SERVICE NOW,THIS 3RD DAY OF APRlLL200~ THE WITHIN SUMMONS ROGER-BRUBAKER BERWICK, PA 18603 BY HANDING TO ED KOSTEVA PROGRAM ADMINSTOR OF THE ORIGINAL WRIT AND MADE KNOWN TO HIM AT ,AT 1 : 30 O'CLOCK n UPON R.R.#2 BOX 2563 P M, SERVED A TRUE AND ATTESTED COpy THE CONTENTS THEREOF. SO ANSWERS, SWORN AND SUBSCRIBED BEFORE ME THIS TUE, APR 4, 2000 J:J.Arih ~ ciJ~ NOT PUBLIC.' ' .. SARAH HOWER RY A. ROADARMEL JR. 3 NOTARiAl SEAl SARAH J, HOWER. Nolary PooRe BIoc~. Columbia COUnty. PA My CommiSSlOl1 ExpIres June 21. 2003 HARRY A. ROADARMEL, JR. . PHONE (570) 389-5622 SHERIFF OF COLUMBIA COUNTY COURT HOUSE. P.O. BOX 380 BLOOMSBURG, PA 17815 FAX: (570) 784.0257 24 HOUR PHONE (570) 784-6300 VS 00- CCD-00l739 SUMMONS SHERIFF'S COST$ l44.00 PAID REFUND NONE AMERICAN FINANCIAL SERVICES LEARN, SHARON NOW, TUB, APR 4, 2000 HIGH SHERIFF OF COLUMBIA ~9UNTY, SHERIFF OF THIS WRIT DEPUTATION BEING MADE PLAINTIFF. DEFENDANT'S ADDRESS , , I, HON." HARRY A. ROADARMEL JR. PENNSYLVANIA, DO EEREBY DEPUTIZE THE , PENNSYLVANIA, TO EXECUTE AT THE REQUEST AND RISK OF THE SHERIFF, COLUMBIA COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVICE NOW, - THIS 3RD DAY OF APRIL 2000 THE WITHIN SUMMONS SHARON LEARN BERWICK, PA l8603 BY HANDING TO ED KOSTEVA PROGRAM ADMINSTOR OF THE ORIGINAL WRIT AND MADE KNOWN TO HIM .. -AT ,AT Ol: 30 O'CLOCK UPON R.R.#2 BOX 2563 P M, SERVED A TRUE AND ATTESTED COPY THE CONTENTS THEREOF. SO ANSWERS, ~CL~f1J7 ~ ~ NOT Y PUBLIC SARAH HOWER NOTARIAL SEAL Puby RAH J !-lOWER, No\alY C ~msbU;g. Cc\uml>ia County. ~ My Cofn<Ill&SlOO EllPIres June 21. A. ROADARMEL JR. SWORN AND SUBSCRIBED BEFORE .ME THIS~ TUE, APR 4, 2000 3 HARRY A. ROADARMEl, JR. . PHONE (570) 389-5622 SHERIFF OF COLUMBIA COUNTY COURT HOUSE. P.O. BOX 3BO . BLOOMSBURG. PA 17B15 FAX: (570) 784-0257 24 HOUR PHONE (570) 784.6300 AMERICAN FINANCIAL SERVICES VS LEARN, RICHARD 00- CCD-00l739 SUMMONS SHERIFF'S COSTS l44.00 PAID REFUND NONE NOW, TUE, APR 4, 2000 HIGH SHERIFF OF COLUMBIA COUNTY, SHERIFF OF THIS WRIT DEPUTATION BEING MADE PLAINTIFF. DEFENDANT'S ADDRESS , I; HON. HARRY A. ROADARMELJR. PENNSYLVANIA, DO HEREBY DEPUTIZE THE , PENNSYLVANIA, TO EXECUTE AT THE REQUEST AND RISK OF THE SHERIFF, COLUMBIA COUNTY, PENNSYLVANIA AFFIDAVIT OF SERVICE NOW, THIS 3RD DAY OF APRIL 2QOO THE WITHIN SUMMONS RICHARD LEARN BERWICK, PA l8603 BY HANDING TO ED KOSTEVA PROGRAM ADMINSTOR OF THE ORIGINAL WRIT AND MADE KNOWN TO HIM AT ,AT Ol : 30 O'CLOCK UPON R.R.#2 BOX 2563 P M, SERVED A TRUE AND ATTESTED COPY THE CONTENTS THEREOF. SWORN AND SUBSCRIBED BEFORE ME THIS TUE, APR 4, 2000 SO ANSWERS, X 'S Y A. ROADARMEL JR. NO-~J{l~o.ti~ ctIow&<J SARAH HOWER 3 NOTARIA~ SEAL SARAH J, HOWER. Notar( pooRe BIocmSbUIll Columbia County, PA My CommissiOn Elqli.... June 21. 2003 In The Court of Common Pleas of Cumberland County, Pennsylvania Americana Financial Service~ of PA, Inc. VS. Pennsylvania Insurance Consortium for Schools, et. al. Serve: ~ennsylvania Insurance ConsortRtm20-1739 Civil for Schools . NOw, 3/24/ ,20 C (J , I, SHERIFF OF CUMBERLAND COUNTy, P A, do " ' hereby deputize the Sheriff of Col_u.Il\bia County to exe,cute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~1lt~~6ounty, PA Affidavit of Service Now, ' ,20-, at o'clock M, served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of 1:::ounty, PA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE J:vfiLEAGE AFFIDAVIT $ $ '. Iil The Court of Common fleas of Cumberland County, Pennsylvania Americana Financial Servic~s of PA, Inc. VS. Pennsylvania Insurance Cons.ortium for Schools, et. al: Serve: Pennsylvania Insurance Consur:N!6!m20-l739 CilTil, for School's Workers' ' ,'. ' . Compens~tion Trust NoW, 3/24/ , 20uQ c; , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Columbia County to exe.cute this Writ, this -"", deputation being made at the request and risk of the Plaintiff. r-:<<l1el1~~lounty, PA 'Affidavit of Service NOw, , 20------,' at o'clo.ck M_ served the within upon at by handing to .copy of the original a and made Imown to the .contents thereof. So answers, Sheriff of 'COUDty, FA Sworn and subscribed before methis_dayof ,20_ COSTS SERVICE 1vfILEAGE " AFFIDAVIT $ c.;,,; $ . ' In The Court of Common Pleas of Cumberland County, Pennsylvania Americana Financial Services of PA, Inc. VS. Pennsylvania Insurance 'Consor'fium for Schools, eL al. Serve: J. Christopher Kerwin No. 20-1739 Civil, NQw, 3/241 n, 20 C C , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Columbia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~jjtr"A'f;'~lounty, PA Affidavit of Service Now, ,20--, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA ,0 Sworn and subscribed before me~this ~ day of , 20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ Iil The Court of Common Pleas of Cumberland County, Pennsylvania Americana Financial-Services of PA, Inc.. VB. Pennsylvania Insurance Consortium for ~chools, et. al. Serve: Donald Dillman No. 20-1739 Civil ,Now , ..3/24/ ,20 ()C , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff OfCalumbia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r. --~~~~tOllIlly, FA I Affidavit of Service Now, ,20-, at o'clock M. served the within upon at by handing to copy ofthe original a and made mown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _.day of ,20_ COSTS SERVICE :MILEAGE AFFIDA VIT $ , '. $ . In The Court of Common Pleas of Cumberland County, Pennsylvania Americana Financial Serv,ices of PA, Inc. VS. Pennsylvania .Insurance Cons;ortium for Schools, et. al. Serve: william Roberge No. 20''-1739 Civil, NQw, 3/24/ ,20 (I if) , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Columbia -CQunty to execute this Writ, this deputation beingmade at the request and risk of the Plaintiff. ~ d'~~ . ne~,~.flan l~unty, PA Affidavit of Service Now, ,20-, at o'clock M. served the within upon at by handin g to copy of the OliginaJ a and made Imown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of ,20 ,- COSTS SERVICE MILEAGE AFFIDAVIT $ ~-. $ InThe Court of Common Pleas of Cumberland County, Pennsylvania Americana Financial Services ofPA, Inc. VS. Pennsylvania Insurance ,Consortium for Schools, et. al. Serve: ~Phillip Heilman No. 20-1739 C'ivil Now, 3/24/ . ,20 Q C; , I, SHERIFF OF CUMBERLAND COUNTY, P A, do , hereby deputize the Sheriff of Co lumb ia County to exe,cute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ ~ ~ neriU:;;~. an ~ounty, PA Affidavit of Service Now, ,20---, at o'clock M. served the within upon at by handing to coPY of the origiIJal a and made lmown to the contents thereof. So answers, Sheriff of County, PA ,20 ,~ COSTS SERVICE :MILEAGE AFFIDA VIT $ Swom and subscribed before me this ~ day of $ In The Court of Common Pleas of Cumberland County, Pennsylvania Am",ricana Financial Services of PA, Inc.' VS. Pennsylvania Insurance Con>;ortium for, Schools, ej:. al. Serve: Roger Brubaker No. 20-1739 Civil Now, 3/24/ ,20" (j , I, SHERIFF OF CUIvIBERLAND COUNTY, P A, do hereby deputize the Sheriff of Columbia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 1': "'":~~~~lounty, PA Affidavit of Service Now, ,20-, at o'clock M. served the within upon at by handing to copy ofthe oliginal a ,and made Imowu to ' the contents thereof. , So answers, Sheriff of County, P A Sworn and subscribed before me this_day of ,20_ COSTS SERV1CE MILEAGE AFFIDAVIT , $ $ - 'In The Court of Common Pleas of Cumberland County, Pennsylvania Americana Financial Services of PA, Inc. VS. _u Pennsylvania Insurance Consortium for Schools, et. al. Serve: _ Sharon Learn No. 20-1739 Civil Now, 3/24/ ,200<.1, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Coli-unO;;;a County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~llerif.f~~ount.l" PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made ]mown to the contents thereof. So answers, Sheriff of CountY. PA Sworn and subscribed before me this day of ; 20 , COSTS SERVICE :rv.IlI,EAGE AFFIDA VlT $ $ , In The Court of Common Pleas of Cumberland County, Pennsylvania Am!>ricana Financial Se;J;"vices of'FA, Inc. VS. Pennsylvania Insurance ~onsortium for Schools, et. al. Serve: Richard LearnH-No_ 20-1739 Civil NOw, 3/24/ , ,200 C, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the SheriffOf Columbia Co~ty to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~ ~ . ltenlI;;'~ an lounty, P A Affidavit of Service Now, ,20-, at , o'clock M. served the within upon at by handing to a copy of the origirial and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before- , me this -----'- day of , 20 ~ COSTS SERVICE .MILEAGE AFFIDA.VIT $ $ , AMERICANA FINANCIAL SERVICES OF PA, INC., 355 North 21" Street, Camp HilI, PA 17011, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION - LAW v. PENNSYLVANIA INSURANCE CONSORTIUM: NO. 00-1739 - CIVIL TERM FOR SCHOOLS, an Unincorporated Association, PENNSYLVANIA INSURANCE CONSORTIUM : FOR SCHOOLS WORKERS' COMPENSATION TRUST, a Pennsylvania Common Law Trust, J. CHRISTOPHER KERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, ROGER BRUBAKER, SHARON LEARN and RICHARD LEARN, R. R. #2, Box 2563, Berwick, PA 18603, -- Defendants PRAECIPE FOR RULE TO FILE A COMPLAINT TO: CUMBERLAND COUNTY PROTHONOTARY Kindly issue a Rule to Plaintiff to file a Complaint in the above-captioned action within twenty (20) days from the date of the Rule or suffer iljudgment of non pros. A TIJRY TRIAL IS DEMANDED. Date: April 12, 2000 r" ichael Balducci, Esquire Attorney for Defendants Attorney 1. D. No. 23931 35 North Fourth Street Sunbury,PA 17801 Telephone: (570) 286-4398 Fax: (570) 286-5414 E-mail: balducci@csrlink.net c:je:4/10!OO:pics.rule . CERTIFICATE OF SERVICE I, Michael Balducci, Esquire, hereby certifY that a true and correct copy ofthe foregoing Praecipe for Rule to File a Complaint has been served this 12th day of April, 2000, by U. S. First Class Mail, postage prepaid, to the following: Theodore A. Adler, Esquire Reager, Adler & Cognetti, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Attorney for Plaintiff ~(J~~ Attorney for Defendants Attorney 1. D. No. 23931 35 North Fourth Street Sunbury, PAl 7801 Telephone: (570) 286-4398 Fax: (570) 286-5414 E-mail: balducci@csr1ink.net . > AMERICANA FINANCIAL SERVIcES OF P A, INC., 355 North 21 st Street, Camp Hill, PA 17011, Plaintiff : IN THE COuRT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA CNIL ACTION - LAW v. PENNSYLVANIA INST..JRA.'NCE CONSORTIUM : NO. 00-1739 - CIVIL TERM FOR SCHOOLS, an Unincorporated Association, : PENNSYL VANIA INSURANCE CONSORTIUM : FOR SCHOOLS WORKERS' COMPENSATION TRUST, a Pennsylvania Common Law Trust, J. CHRISTOPHBR KERWIN, bONALD DILLMAN, WILLIAM ROIlERGE, PHILLIP HEILMAN, ROGER BRUBAKER, SHARON LEARN and RICHARD LEARN, R. R. #2, Box 2563, Berwick, P A 18603, Defendants RULE TO THE PLAINTIFF: AND NOW, this l~ day of April, 2000, upon Praecipe ofthe above-captioned . Defendants, you are ruled to file a Complaint within twenty (20) days of service hereof or a judgment of non pros will be entered against you. ~s;(1~~A;)24' rothonotary .. ,4 Court ofCcimmon Pleas of Cumberland County, Pennsylvania cje:4111/00:pics.americana.rute , . (") <::> ~~- "- c ~ <: ".. .~ -.:JO: ;B ,- ;p mr'r ,.i1 ~ :r m L_ Zi :~:J .:J (F' "_' 0;;. :::--::CJ gt ~" ....:-... ~,1 >'(") - S~i'~ z ~ ;;;0 W , , c: ;~ ~ 1'0 S5 -<. -< ~, /' AMERICANA FINANCIAL SERVICES OF PA, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO.00-1739-CNILTERM PENNSYL VANIA INSURANCE : CIVIL ACTION - LAW CONSORTIUM FOR SCHOOLS, an Unincorporated Association, PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST, a PemlSylvania Common Law Trust, J. CHRISTOPHER KERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, ROGER BRUBAKER, SHARON LEARN AND RICHARD LEARN, Defendants NOTICF. TO PI,RAD To: Defendants, Pennsylvania Insurance Consortium for Schoo]s, Pennsy]vania Insurance Consortium for Schools Workers' Compensation Trust, J. Christopher Kerwin, Donald Dillman, William Roberge, Phillip Heilman, Roger Brubaker, Sharon Learn and Richard Learn, c/o their attorney, Michael Balducci, Esquire YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Date: May 4, 2000 Theodore A. Adler, Esquire Attorney I.D. No. 16267 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 .Attorneys for Plaintiff r AMERICANA FINANCIAL SERVICES OF PENNSYL VANIA, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, NO. 00-1739 - CIVIL TERM PENNSYLVANIA INSURANCE : CIVIL ACTION - LAW CONSORTIUM FOR SCHOOLS, an Unincorporated Association, PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST, a Pennsylvania Common Law Trust, J. CHRlSTOPHERKERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, , ROGER BRUBAKER, SHARON LEARN AND RICHARD LEARN, Defendants COMPLAINT 1. Plaintiff is Americana Financial Services of Pennsy]vania, Inc. (hereinafter "Americana"), a Pennsylvania corporation with offices at 355 North 21" Street, Camp HilI, Pennsylvania, 17011. 2. Defendant Pennsylvania Insurance Consortiwn for Schools (hereinafter "PICS") is an unincorporated association; Defendant Penrisylvania Insurance Consortium for Schools Workers' Compensation Trust (hereinafter "PICS Trust'') is a Pennsylvania common law trust; and Defendants Kerwin, Dillman, Roberge, Heilman, Brubaker, Learn and Learn are Trustees of the PICS Trust. All of the Defendants have a business address ofR.R. #2, Box 2563, Berwick, Pennsylvania, 18603. 3_ Americana is an insurance broker licensed in Pennsylvania, which provides a variety of insurance related services including marketing and administration services on a fee or commission basis. 4. Prior to July 1, 1999, Sedgwick James of Pennsylvania lnc. (hereinafter "Sedgwick") was the Marketing and lnsurance Administrator for PICS and the PICS Trust in connection with the placement and administrafionof1iability and 'Yorkers' compensation insurance. 5. In May, 1999, Sedgwick, as part of a reorganization and merger, entered into an agreement to sell certain ofits assets to .Americana. Included among the assets were the insurance contracts, programs and arrangements between PICS and the PICS Trust, and Sedgwick. The sale was conditioned on PICS and the PICS Trust accepting the assignment. 6_ OnMay 14, 1999, Americana provided to PICS and the PICS Trust a Memorandum of Understanding with respect to the assignment to Americana ofthe Sedgwick agreements. A copy of the Memorandum is attached hereto as Exhibit A, 7. On June 4,1999, PICS and the PICS Trust agreed to the assignment. A copy of the letter acknowledging, consenting and agreeing to the assignment is attached hereto as Exhibit B. 8. On June 18,1999, the President of PIeS and the PICS Trust sent a letter to Sedgwick attesting and confirming that Americana would become the plan broker/service administrator. A copy ofthe letter is attached hereto as Exhibit C. 9. The insurance policies sold to the school districts that participated in the P]CS programs were purchased to be effective July 1 of each year. The policies were for one year. Quarterly premiums were to be paid by each member. 2 " , 10. In a letter dated September 9,1999, a copy of which is attached hereto as Exhibit D, PIeS and the PIeS Trost authorized Americana to bill quarterly and withhold certain fees as compensation for the services Americana was providing. I 1. On October 5, 1999, Defendants purported to terminate its agreement with Americana effective December 31, 1999, Copies of the notices are attached hereto as Exhibits E and F. 12. On October lJ, 1999, Defendants notified the members of the Trost that Murray Insurance Associates lnc. would replace Americana as the service administrator effective January I, 2000 for PIeS and the PIeS Trost. 13. On November 19, 1999, Americana remitted to PIeS and the PIeS Trost $322,178.90 which represented the net premium collections received as of that date, C:OTJNT r - DF.C:LARATORYREI TEF 14. The averments of paragraphs one (1) through thirteen (13) are incorporated herein by reference as if set forth fully herein. 15. The Memorandum of Understanding is a writing constituting a contract. 16. The Memorandum of Understanding provides that Americana was responsible to the PIeS Trost for "dispersing funds and accounting for all transactions in compliance with reasonable and prudent accounting, statistical and data processing procedures of the insurance industry. ..." 17. The Memorandum ofUnderstanding provides the Americana was responsible to PIeS for "effecting insurance coverage for the Program upon the request ofPICS." 3 18. In accordance with the fee schedule approved by Defendants, Americana was entitled to fees oC8_74% for direct business and 8.02% for business with an agent; to be paid as quarterly premium payments were made by the Program participants. 19. Subsequent to receiving notice from the Defendants, Americana remitted $322, 178.90 to Defendants, which was accompanied by a letter, a copy of which is attached hereto as Exhibit G. 20. On December 14,1999, counsel for Defendants wrote a letter to Americana in which he claimed that Americana was not entitled to the additional fees and commissions Americana had withheld, and demanded that the money being withheld be remitted to Defendants. 21. All ofthe fees withheld were earned on policies sold in or about July, 1999. 22. The rights and obligations of Americana and the Defendants remain unresolved, WHEREFORE, Plaintiff, Americana Financial Services of Pennsylvania, Inc" respectfully requests that this Court enter an Order declaring that: a. Americana is entitled to the fees earned on the sale of policies in July, 1999; b. Americana is entitled to the fees earned on the sale of policies prior to the purported termination of the Agreement; and c. Americana is entitled to such other relief as the Court deems just and proper. COUNT IT - BRFACH OF CONTRACT 23. The averments of paragraphs one (1) through twenty-two (22) are incorporated herein by reference as if set forth fully herein. 24. The Memorandum of Understanding was accepted by Defendants. 4 25. In accordance with the terms ofthe Memorandum of Understanding, Americana was to continue as Marketing and Insurance Administrator until December 31, 2001. 26. Defendants purported to terminate the agreement effective January 1, 2000. 27. In its notice of termination, Defendants did not state any cause for the termination. 28. Prior to the purported termination, Americana had performed all of the duties set forth in the Memorandum of Understanding. 29. Had Americana continued as Marketing and Insurance Administrator until December 31,2001, Americana would have earned fees and conunissions on policies marketed and sold in and after July 1,2000, and July 1,2001. 30_ Defendants breached the agreement by terminating Plaintiff prior to December 31, 2001, without cause. 31. Based upon historical revenue, Plaintiff would have earned in excess of $774,000 had the agreement continued until December 31, 2001, WHEREFORE, P]aintiff, Americana Financial Services of Pennsylvania, Inc., respectfully requests that this Court enter judgment iri its favor and against Defendants under Count II in the amount of $774,000, plus costs ofthis action. COTTNT TTT - PROMISSORY ESTOPPEL 32. The averments of paragraphs one (1) through thirty-one (31) are incorporated herein by reference as if set forth fully herein, 5 - 33. Pnor to entering 111to the agreement with Sedgwick to obtain assignment of the PIeS and PIes Trust insurance contracts, programs and arrangements, Americana met with the Defendants and presented them with the Memorandum of Understanding, the terms of which the Defendants promised and agreed to accept. 34. Based upon the aforementioned assurances, promises and agreements, Americana valued the business to be purchased from Sedgwick based in part on the revenues generated by the PIes and the PIeS Trust accounts. 35_ Defendants knew that Americana was basing the value it placed on the aforementioned business tnpart on Defendants' promise and agreement that it would continue to use Americana as the Marketing and Insurance Administrator until at least December 31, 2001. 36, In agreeing to purchase various business contracts from Sedgwick, Americana relied on the representations made by Defendants that they accepted the terms of the Memorandum of Understanding including the term. 37. Defendants promise to maintain Americana as its Marketing and Insurance Administrator must be enforced in order to prevent an injustice. 38. Defendants are estopped from terminating Americana as the Marketing and Insurance Administrator for PIeS and the PIeS Trust until December 31, 2001. 39. As a result of its failure to retam Americana as the Marketing and Insurance Administrator until December 31, 2001, Americana-has suffered $279,717 in damages, which represents the difference between the multiple of sales paid by Americana to Sedgwick and the multiple Americana would have paid had the PIeS and the PIeS Trusfaccourifs not been included. 6 WHEREFORE, Plaintiff, Americana Financial Services of Pennsylvania, 1nc" respectfully requests that this Court enter judgment in its favor and against Defendants under Count III in the amount of $279,717, plus costs and any additional reliefthe Court deems just and proper. Respectfully submitted, Date: May 4, 2000 Theodo e A. Adler, Esquire Attorney 1.D. No. 16267 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff 7 VRRIFICATION I, Lawrence W. Bitner, hereby state I am the President of Americana Financial Services of Pennsylvania, Inc. and am authorized to make this verification on its behalf. I have read the foregoing document and state that the facts set forth therein are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.s. g4904 relating to unsworn falsification to authorities. ~~ Dated: .5/l.{ 10D . . CERTJFTCA Te OF SERVICE AND NOW, this 4" day of May, 2000, I hereby verify that I have caused a true and correct copy of the foregoing COMPLAINT to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Michael Balducci, Esquire 25 North Fourth Street SunbUl}', P A 17801 THEODO , , . .. REAGER. ADLER & COGNETTI, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011.4642 (717) 763-1383 . ~ (") C> 0 c: = -'1 :;';: ::x c-;;J -Om "'" ITIfi', -< f;i:n Z:::t; ,- ZS:; I '''li3 en .... :-0' ;::;;;"'- o~ 0 -0 '4 :;;; =1: :z:g ::r ::)5 :..~ )>( C& om C Z => ~ =< _0 -< , ~ AMERICANA FINANCIAL SERVICES OF PA, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 00-1739 - CIVIL TERM PENNSYLVANIA INSURANCE : CIVIL ACTION - LAW CONSORTIUM FOR SCHOOLS, an Unincorporated Association, PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATIONTRUST, a Pennsylvania Common Law Trust, J. CHRlSTOPHERKERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, ROGER BRUBAKER, SHARON LEARN AND RICHARD LEARN, Defendants NOTTeR TO PLRAD To: Defendants, Pennsylvania Insurance Consortium for Schools, Pennsylvania Insurance Consortium for Schools Workers' Compensation Trust, J. Christopher Kerwin, Donald Dillman, William Roberge, Phillip Heilman, Roger Brubaker, Sharon Learn and Richard Learn, c/o their attorney, Michael Balducci, Esquire YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED AMENDED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Date: May 8, 2000 Theodor A. Adler, Esquire Attorney LD. No. 16267 2331 Market Street Camp Hill, PA 17011-4642 (717) 763-1383 Attorneys for Plaintiff \ AMERlCANA FINANCIAL SERVICES OF PENNSYLVANIA, INC., : IN THE COURT QF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.00-I739-CIVILTERM PENNSYL VANIA INSURANCE : CIVIL ACTION - LAW CONSORTIUM FOR SCHOOLS, an Unincorporated Association, PENNSYL VANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST, a Pennsylvania Common Law Trust, J. CHRISTOPHER KERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, ROGER BRUBAKER, SHARON LEARN AND RlCHARD LEARN, Defendants AMENDED COMPLAINT 1. P]aintiff is Americana Financial Services of Pennsylvania, Inc. (hereinafter "Americana"), a Pennsylvania corporation with offices at 355 North 21" Street, Camp Hill, Pennsylvania, 17011. 2. Defendant Pennsylvania Insurance Consortium for Schools (hereinafter "PICS") is an wUllcorporated association; Defendant Pennsylvania Insurance Consortium for Schools Workers' Compensation Trust (hereinafter "PICS Trust'') is a Pennsylvania common law trl[st; and Defendants Kerwin, Dillman, Roberge, Heilman, Brubaker, Learn and Learn are Trustees of the PICS Trust. All of the Defendants have a business address ofR.R. #2, Box 2563, Berwick, Pennsylvania, 18603. 3. Americana is an insurance broker licensed in PelIDsylvania, which provides a variety of insurance related services including marketing and administration services on a fee or commission basis. 4. Prior to July 1,1999, Sedgwick James ofPelIDsylvania Inc. (hereinafter "Sedgwick") was the Marketing and Insurance Administrator for PICS and the PICS Trust in cOlIDection with the placement and administration ofIiability and workers' compensation insurance. 5. In May, 1999, Sedgwick, as part of a reorganization and merger, entered into an agreement to sell certain of its assets to Americana. Included among the assets were the insurance contracts, programs and arrangements between PICS and the PICS Trust, and Sedgwick. The sale was conditioned on PICS and the PICS Trust accepting the assignment. 6. On May 14, 1999, Americana provided to PICS and the PICS Trust a Memorandwn of Understanding with respect to the assignment to Americana ofthe Sedgwick agreements. A copy of the Memorandwn is attached hereto as Exhibit A 7. On June 4,1999, PICS and the PICS Trust agreed to the assignment. A copy ofthe letter acknowledging, consenting and agreeing to the assignment is attached hereto as Exhibit B. 8. On June 18,1999, the President ofPICS and the PICS Trust sent a letter to Sedgwick attesting and confirming that Americana would become the plan broker/service administrator. A copy ofthe letter is attached hereto as Exhibit C. 9. The PICS Trust insurance policies and most ofthe PICS insurance policies were sold to participating school districts to be effective on or about July I of each year. The policies were written for one year, 2 , , 10, In a letter dated September 9,1999, a copy of which is attached hereto as Exhibit D, PICS and the PICS Trust authorized Americana to bill quarterly and withhold certain fees as compensation for the services Americana was providing. 11. On October 5, 1999, Defendants purported to terminate its agreement with Americana effective December 31,1999. Copies of the notices are attached hereto as Exhibits E andF. 12. On October 11,1999, Defendants notified the members of the Trust that Murray ]nsurance Associates Inc. would replace Americana as the service administrator effective January 1,2000 for PICS and the PICS Trust. 13. On November 19, 1999, Americana remitted to PICS and the PICS Trust $322, 178.90 which represented the net premium collections received as of that date. COUNT! - Pf,CTARATORYRFLTFF ]4. The averments of paragraphs one (1) through thirteen (]3) are incorporated herein by reference as if set forth fully herein. 15. The Memorandum of Understanding is a writing constituting a contract. 16. The Memorandum of Understanding provides that Americana was responsib]e to the PICS Trust for "dispersing ftmds and accounting for all transactions in compliance with reasonable and prudent accounting, statistical and data processing procedures of the insurance industry. ..." 17. The Memorandum ofUnderstanding provides the Americana was responsible to PICS for "effecting insurance coverage fo! the Program upon the request ofPICS." 3 18. In accordance with the fee schedule approved by Defendants, Americana was entitled to fees of 8.74% for direct business ,and 8.02% for business with an agent; to be paid as quarterly premium payments were made by the Program participants. 19. Subsequent to receiving notice from the Defendants, Americana remitted $322,178.90 to Defendants, which was accompanied by a letter, a copy of which is attached hereto as Exhibit G. 20, On December 14,1999, counsel for Defendants wrote a letter to Americana in which he claimed that Americana was not entitled to the additional fees and commissions Americana had withheld, and demanded that the money being withheld be remitted to Defendants, 21. All of the fees withheld were earned on policies sold in or about July, 1999. 22. The rights and obligations of Americana and the Defendants remain unresolved. WHEREFORE, Plaintiff, Americana Financial Services of Pennsylvania, Inc., respectfully requests that this Court enter an Order declaring that: a. Americana is entitled to the fees earned on the sale of policies in July, 1999; b. Americana is entitled to the fees earned on the sale of policies prior to the purported termination of the Agreement; and c. Americana is entitled to such other relief as the Court deems just and proper. COUNT IT - BREACH OF CONTRACT 23. The averments of paragraphs one (1) through twenty-two (22) are incorporated herein by reference as if set forth fully herein. 24. The Memorandum of Understanding was accepted by Defendants. 4 25. In accordance with the terms ofthe Memorandum of Understanding, Americana was to continue as. Marketing and Insurance Administrator until December 31, 2001. 26. Defendants purported to terminate the agreement effective January 1, 2000. 27. In its notice oftermination, Defendants did not state any cause for the termination. 28. Prior to the purported termination, Americana had perfonned all of the duties set forth in the Memorandum of Understanding, 29. Had Americana continued as Marketing and Insurance Administrator until December 31,2001, Americana would have earned fees and commissions on policies marketed and sold in and after July 1, 2000, and July 1, 200L 30. Defendants breached the agreement by terminating Plaintiff prior to December 31, 2001, without cause. 3 L Based upon historical revenue, Plaintiff would have earned in excess of$774,000 had the agreement continued until December 31, 200L WHEREFORE, Plaintiff, Americana Financial Services ofPennsylva11ia, Inc., respectfully requests that this Court enter judgment in its favor and against Defendants under Count 11 in the amount of$774,000, plus costs ofthis action, cm rNT TIT - PROMISSORY ESTOPPFT. 32. The averment$ofparagraphs one (1) through thirty-one (31) are incorporated herein by reference as if set forth fully herein. 5 33. Prior to entering into the agreement with Sedgwick to obtain assignment of the PICS and PICS Trust insuranc'e "contracts, programs and arrangements, Americana met with the Defendants and presented them with the Memorandum of Understanding, the terms of which the Defendants promised and agreed to accept. 34. Based upon the aforementioned assurances, promises and agreements, Americana valued the business to be purchased from Sedgwick based in part on the revenues generated by the PICS and the PICS Trust accounts. 35. Defendants knew that Americana was basing the value it placed on the aforementioned business in part on Defendants' promise and agreement that it would continue to use Americana as the Marketing and Insurance Administrator until at least December 31, 2001. 36. In agreeing to purchase various business contracts from Sedgwick, Americana relied on the representations made by Defendants that they accepted the terms ofthe Memorandum of Understanding including the term. 37. Defendants promise to maintain Americana as its Marketing and Insurance Administrator must be enforced in order to prevent an injustice. 38. Defendants are estopped from terminating Americana as the Marketing and Insurance Administrator fOfPICS and the PICS Trust until December 31, 2001. 39. As a result of its fai]ure to retain Americana as the Marketing and Insurance Administrator until December 31, 2001, Americana has suffered $279,717 in damages, which represents the difference between the multiple of sales paid by Americana to Sedgwick and the multiple Americana would have paid had the PICS and the PICS Trust accounts not been included. 6 WHEREFORE, Plaintiff, Americana Financial Services of Pennsylvania, Inc., respectfully requests that this Court enter judgment in its favor and against Defendants under Count III in the amount of$279,717, plus costs and any additional relief the Court deems just and proper. Date: May 8, 2000 & COGNETTI, PoCo Theodor A. Oler, Esquire Attorney LD. No. 16267 2331 Market Street Camp Hill, PA 17011-4642 Telephone: (717) 763-1383 Attorneys for Plaintiff 7 , 1 TO: PICS B.oard 0 t Trustees PICS Program ,-\dminisrrator , \C~\\G\'1 MDlORA;\,DUM OF UNDERSTAJ.'fDINGI><" 'f t;\\~ ~ 0C:r iP'\\P" ~-i\ ~ CONFIDENTIAL FROM": UlITy Bitner SUBJECT: Scope of Services Gentlemen, as per the request of your iJrogram administrator, we would like to provide you with a memorandum of understanding that provides a synopsis of our PICS re1acea administrative activitieS. This triemorandwn will be divided into cwo sections. The first section will deal with administrative services associated with the PICS Workers' Compensation Trust. The second section will deal with services rendered to the PICS Association. PICS WORKERS' COMPE)iSA TION TRUST This administrative arrangement will co=ence on a mutually agreed upon date and continue to Decemb.er 31, 2001 with options to renew under mutually acceptable conditions. Under this arrangement we will be responsible for: . Marketing the PlCS Trust to existing members and to prospective members. . Preparing all solicitation materials. . Preparing written reports on our marketing activities for review by the Trust. . Providing to the Trust on aCmonthly basis an accounting of the contributions billed and collected. . Dispensing funds and accoumitlg for all transactions in compliance with reasonable and prudent accounting, statistiCal and data processing procedures of the insurance industry or as reasonably requested from rimeTo'tlme by the PIeS Trust. " . Issuing and delivering coverage documents/policies to all members of the PICS Trust. . Providing to the Trust copies of any and all requested reports, tilings or other information which is developed in connectionwith the ,administration of the TnlsL -. , '~ -~.:~-:afl:e for the Trust including, without limitation, excess insurance coverage ana proi.esslOnailiability insurance coverage for the directors and C'fficers of pres Trust, : . Continuing development of a network of agents in P.-\ using our new in-house field staff. . Maintaining professionai liability insurance, general liability insurance and fidelity insurance in amounts acceptable to the Trust. -, For these services_ we will be paid 3.7 cents per $100 of payroll with the t.,e being calculated using the same methodology set forth in the Trust's contract with its third party claims administrator. . Any cQUtract executed with the association will have the appropriate representations and warranties, along with indemnification and other langl1~2:e associated with s.uch a contract. PIes ASSOCIATION We propose to continue the administration.ofthe PIeS' Association endorsement arrangement with IDe designated endorsed carrier_ ' We would assume the following responsibilities as the PIeS lnsurance administrator. (a) Acts as PieS' insurance administrator and perform all customary duties of an insurance administrator, including without limitation, marketing the Programs as may be necessary, negotiating coverage te= with insurance companies, effecting insurance coverages for the Programs upon the request of PIeS, preparing written reports on its marketing activities for PIeS' review, billing and collecting premiums, and delivering insurance policiesfcenwcates to participants, (b) Design the necessary brochures, outlining the various Programs, and mailing same to PIeS members and prospects, subject to PIeS review. - (c) Prepare all solicitation materials relating to the Programs, the form and content of which. shall be submitted to PIeS for review. (d) Negotiate and attempt to obtain an appropriate insurance company to issue the appropriate lnsurance policies for the Programs. (e) Ensure that all required. licensing is maintained for the issuance of insurance under the Programs. (I) Assist PIeS in deveLoping; structuring and implementing new Programs for its members. inclLlding soliciting quotes from prospective insurance companies_ (g) Provide PIeS with the following carrier-prepared' reports on a quarterly and annual basis_ as relates to the Programs: 1. .:)c:mi-annuai UlSurance-rep.orr; -, Smtistic::tl dau. including the premiums collected and jistriburion thereof; 3. ~ ews busme.ss. report: -+, Cancellation report. (h) Mainuin professionaUiabilitY ins_urance(including errors and omissions coverage), genemlliability insurance and fidelity insurance III amounts acceptable to prcs. (i) Assume and perform any and all other duties as pres may ITom time to time assign. For this work. we would be compensated by the insurance company for ltsroleas insurance advisor. prcs will receive 1 % ofwTitten premiums as a consulting fee. This agreement will also commence on a mutually agreed upon date and continue to December 31, :?on! with options to renew under mutually acceptable conditions. -, '- -~~~ ~-'.-._. -~~~, l" I..,) . -' SedgwlCx. 01 ;';~t'lnSYlvanla. Inc. :::: Sa'/< 11575.. HairISOl.:rg. Pennsylvania 17105 7e e::;r:one 717 234.3333. FacSImile 717 234~1400 Ma)' I 9. \ 999 Mr. Ed Kosteva Executive Director pennsyvbnia Insurance ConsDr::um of Schools RR 2. Box 2563 Berwick_ P A ] 8603 RE: !nsurnnce Contract Assig:u-nent , Dear Ed: This is to advise you that Sedgwick of Pennsylvania, Inc. ("Sedgwick") has entered into an agreement to sell certain of its asSets toiunericana Financial Services of Pennsylvania, Inc. ("AFS'-). In connection with this sale, Sedgwick intends to assign to AFS the insurance contracts, programs or arrangeme~ts (collectively, "Contracts") between your company and Sedgwick_ Among other things, upon the closing of the sale, AFS will assume all obligations and rights of Sedgwick arising under the Contracts from and after the date of the closing, We anticipate that the closing willoccur on June 30, ]999. We will be contacting you at a later date to confirm the closing and to pro.;ide you with updated contact and payment information. ' We request your consent to the assigntnent of the Contracts to A,FS and your agreement to deem the Contracts amended to the extem necessary to permit such assignmenl ' Please indicate your consent and agreement by signing the attached copy of this letter and returning it to me at the address sb.own on this letterhead. Should you have any questions regarding the assignment, please feel free to contact me at (7\ 7) 720-4592. Likewise, if you have arty questions regarding AFS, please contact Robert Schriener al (212) 742-\234_ ?--L(-C?'; . AcknowleClged_ Consented and Agreed thiS_daYOfMa~I~,O '" F~,--Aj-f~_ 77d~\"'~ . Name: '8:" 2{:.v .'';' I/:! , s: /' EOL/' c:-' Til- "ri-" d t e_ p ,,-', CC/,r 8/0/./ . ,"" z..-.'iA (.J ... v ..:.J v. - ". .-- r:::::l '". ;- o:)\J\9~ - l.J';;':NSYLVANIA INSURANCE CQNSORTlUM FOR SCHOOLS June 18, 1999 # Ben Francavilla Sedgwick James of P A P CTBox 1675 Harrisburg, PA 17105 Dear Ben Francavilla, Times change, and these days many companies change, but often the people who make those companies successful don't change. That's why we are pleased to announce a change in the company who serves as our plan broker / service administrator, but no change in the personnel we've come to know and trust. Effective July 1, 1999, staff of our current service administrator, the Affiriity Unit of Sedgwick James of Pennsylvania, will become affiliated with Americana Financial Services of Pennsylvania, Inc. Fortunately, we continue to have the services of Larry Bitner and his co- workers; Ben Francavilla, Judy HiIJman, and Garry Snyder, who have served us so well. I'm also pleased to tell you that the support services provided to PICS also will be unchanged. Larry tells us that, if anything, this neW affiliation will mean even better customer service for us. You are a valued member of PIeS, and I wanted you to be aware of this change and to assure you that it is a change in name only. If you have anyqueslions; don't hesitate to contact me or our Program Administrator, Ed Kosteva. Sincerely, 1i?iekwt ..i! ..i!eM#. Richard L Learn PICS President ).,''V "". , ;'! "'1 "ri;. ~... ;A , " Richard L. i-e::un, r n::i;u<tnf Vice President Roger W. Brubaker. SeclT'rea.s. CClW\fi l', ..':'0~o...; ,J. ............l...,Ib..~.h... , , l,o(}U-9v,., ,- ",' eo' ".1270) 159.8004 i; .FAX (570) 759-7113 _. _ PrograID Administrator RR 2 Box 2563. Berwick. PA 18603 Larry Bitner Americana Financial Services P GBox. 718 Camp Hill, PA 17001-0718 Dear Larry, September 9, 1999 This letter is a follow-up to our phone c-onversation regarding payments to service providers by Americana and remitcance of collected premiums to PICS. - 35% 21.67% 21.67% 21.67% Americana is authorized to bill PIeS members for their calculated pr~rniurrJ.$ at the follo\ving schedule: First quarter premium Second quarter premium Third quaner premium Fourth quarter premium Americana is authorized to withhold their service administration fee of 8.74% for direct business and 8.02% for business with an agent_ Americana is authorized to withhold and pay agent commissions of 6% without the PICS package program and 7% with the PICS package program. The net collected member premiums should be forwarded to PICS Program Administration for deposit and payment of the Claims Service Administration fees of 12.5624% by prcs. The net collected member premiums should be forwa+ded to PICS Program Administration based upon the following schedule and prior to the listed dates: . First Quarter ' Aug. 1 - Aug. IS - Sept. 1 - Sept. 15 Second Quarter Oct. 15 - Nov. 1 - Nov. 15 - Dec. 15 Third Quarter Jan. 15 - Feb. I - Feb. i5 - Mar. 15 Fourth Quarter Apr. IS - May I -May 15 - June IS Audit Premiums Submitted as collected above If you have any questions regarding these percentage amounts and schedules, please feel free to call and discuss. Q;",t..",..r1 T . T ,....,... P"!"~;r.'.of"'r Edw1n T. Kosreva CLUIRHU ~ogram Administr~ "~r .~'O::~? Bef'.V:~':. .~C.....~ .,....:;f""~--- ,Sincer~ ~osteva Program Administrator 1.800-607-PICS (570) 759.8004 ~x (S7C' 759-71,:'3 , I' \ J. ]JJ~@ rN5l.J::v.~~-s:r=;;'IV'" C?so-o.:...s Pennsylvania Insurance Consortium for Schools October 5, 1999 Americana Financial Services ofPA, Inc. 355 North 21" Street Camp Hill, FA 17001-0718 Attention: Larry Bittner Re: Pennsylvania Insurance Consortium for Schools Workers' Compensation Trust Dear Mr, Bittner: I am writing to give Americana Financial Services ofPA, Inc_, notice that Pennsylvania InsUrance Consortium for Schools Workers' Compensation Trust is terminating its Agreement with Americana on December 31, 1999. Please call me to discuss delivery ofPICS Trust files, including computer disks. I am also "'Titing to thank you for the service which you have provided. I trust that you will work with us in providing for an orderly termination. Very truly yours, .~w~______ Roger W. Brubaker SecretarylTreasurer ]21~@ '~s..;;u"'-=:!~:LM ~u=>.s:.--cc..s Pennsvlvania Insurance Consortium for Schools . ' October 5, 1999 Americana Financial Services ofPA, me. 35iJ~orth 21" Str~et Camp Hill, PA 17001-0718 Attention: Lariy Bittner : Re: Pennsylvania Insurance Consortium for Schools Dear Mr. Bittner: I am writing to give Americana Financial Services, Inc., notice that Pennsylvania Insurance Consortium for Schools is terminating its Agreement with Americana on December 31,1999, Please call me to discuss delivery ofPICS files, including computer disks. I am also writing to thank you for the service which you have provided. I trust that you will work with us in providing for an orderly termination. Very truly yours, ~~~ Roger W. Brubaker Secretaryrrreasurer ~RICANA F] NAN C I A L S E R v r CE...,.S O-F __~P_ A L,l N c. November 19, 1999 Mr. Ed Kosteva Ber~Penn RR2 Box 2563 Berwick, PA 18603 Re: PIeS - Premium Cession Dear Ed: Enclosed is our check in the amount of $322,178.90 representing net premium collections made to date. Also enclosed is a reconciliation of the payment, reflecting billings, premium receipts, agent's commissions, outstanding receivables, and our commission deduction, as well as details for each. You will note that we deducted our commission for the entire program year. This was necessary since the January and April installments will be paid to another organization. Our contract is clear as respects our commission - calculation and is moot on the issue of the timing of its payment. If you want us to remit our commission for the remainder of the program year, we will be happy to do so if you provide an irrevocable letter of credit, in a like amount, as security for the repayment of the commission on the installment dates. Please advise if you have any questions ih this regard. ~ Lawrence W. Bitner President 717-214-7600 Ibitner@americananet.com LWB/dpy (encl.) ~;, l . .. VERIFICATION I, Lawrence W, Bitner, hereby state I am the President of Americana Financial Services of Pennsylvania, Inc. and am <luthorized to make this verification on its behalf. I have read the foregoing docllment and state that the facts set forth therein are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities, ~~ Dated: !SIB/co CF,RTTFTCATf, OF SKijVTCF. . AND NOW, this 8th day of May, 2000, I hereby verifY that I have caused a true and correct copy of the foregoing AMENDED COMPLAlNT to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Michael Balducci, Esquire 25 North Fourth Street Sunbury, PA 17801 THEODO ~ . . . . r . (") = 0 c 0 -n :r. ::x ._.~ -ow ". ~;1:n ~m -< =x, I '''E? tjJ.:.: CO 'OJ ~~i-~ -<; ;;;::0 ':::10 -., :.;:::;:j ~o ::;: 90 $~ l).? (SrTI Z '" ~ =< CJ -< REAGER, ADLER & COGNETTI, P.C, ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011.4642 (717) 763-1383 .. AMmucANAFmANC~SER~CESOF PA, mc., Plaintiff : mTHE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW v. PENNSYLVANIA mSURANCE CONSORTIUM : NO. 00-1739 - CML TERM FOR SCHOOLS, an Unincorporated Association, : PENNSYLVANIA mSURANCE CONSORTIUM : FOR SCHOOLS WORKERS' COMPENSATION TRUST, a Pennsylvania Common Law Trust, J. CHRISTOPHER KERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, ROGER BRUBAKER, SHARON LEARN and RICHARD LEARN, Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Americana Financial Services ofPA, Inc. clo Theodore A. Adler, Esquire 2331 Market Street Camp Hill, PA 17011-4642 YOU ARE HEREJ3Y NOTIYIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY J3E ENTERED AGAINST YOU. ( Date: May 30, 2000 -;;iJ/rl2~~ Attorney for Defendants 35 North Fourth Street Sunbury, PA 17801 570-286-4398 Attorney 1. D, No. 23931 JE:c:madden.answer.doc AMERICANA FINANCIAL SERVICES OF P A, INC., Plaintiff v. ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PENNSYLVANIA INSURANCE CONSORTIUM : NO. 00-1739 - CIVIL TERM FOR SCHOOLS, an Unincorporated Association, : PENNSYLVANIA INSURANCE CONSORTIUM : FOR SCHOOLS WORKERS' COMPENSATION TRUST, a Pennsylvania Corrunon Law Trust, J. CHRISTOPHER KERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, ROGER BRUBAKER, SHARON LEARN and RICHARD LEARN, Defendants : JURY TRIAL DEMANDED DEFENDANTS', PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS, ET AL., ANSWER WITH NEW MATTER L Admitted. 2. Admitted in part and denied in part. It is admitted that PICS is an unincorporated association and that PICS Trust is a Pennsylvania common law trust. It is admitted that Defendants Kerwin, Dillman, Heilman, Brubaker, and Sharon Learn are Trustees ofthe PICS Trust. It is denied that WiUiam Roberge and Richard Learn are Trustees of the PICS Trust. It is admitted that the business address ofPICS and PICS Trust is R. R. #2, Box 2563, Berwick, Pennsylvania 18603. 3. Admitted. 4. Admitted. 2 ; 5. Denied. After reasonab]e investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 5 of the Complaint, and strict proofthereofis demanded at trial. In further answer thereto, as of July 1, 1999, there were no insurance contracts, programs, or arrangements between PICS and PICS Trust and Sedgwick as there were no agreements, written or oral for" Sedgwick to perform marketing and administration services for PICS and PICS Trust after that date, 6. Denied that on May 14, 1999, Americana provided to PICS and PIeS Trust a Memorandum of Understanding with respect to the assignment to Americana of the Sedgwick agreements. Denied that there was anything to assign from Sedgwick to Americana as there were no contracts between PICS, PICS Trust, and Sedgwick which would have been effective beginning July I, 1999. Admitted that a Memorandum is attached. 7. Admitted in part and denied in part. Admitted that on June 4,1999, PICS and PICS Trust agreed to an assignment. Denied that there were any contracts between PICS, PICS Trust, and Sedgwick effectiv,Huly 1, 1999, to assign. Admitted that a copy ofthe letter is attached. 8. Admitted. 9. Admitted. 10. Admitted in part and denied in part. It is admitted that there is a letter dated September 9, 1999, authorizing Americana to bill quarterly and withhold certain fees as compensation for services Americana was providing. Denied insofar as the letter is an attempt to show that Americana is entitled to certain fees even ifit has not provided marketing and administration services'. I L Admitted. 3 12. Admitted. 13. Admitted. COUNT I - DECI .ARATORY RELIEF 14. Defendants incerperate by reference Paragraphs 1 threugh 13 .of their Answer. 15. Denied that the Memerandum .of Understanding is a writing censtituting a centract as it was never accepted .officially ner were there any representatiens, assurances, promises, .or any ether kinds .of agreements accepting said Memerandum .of Understanding. In further answer, the parties specifically discussed the negetiatien and signing .of an agreement which never .occurred. 16. Denied, as the Memerandum .of Understanding was nQt a centract. In further answer, the queted language is incerrect and incemplete. 17. Denied insefar as the allegatiens .of Paragraph 17 .of Plaintiffs Cemplaint alleges that the Memerandum of Understanding was a c.ontract. Denied as. the queted language is an incemplete statement frem the Memerandum. 18. Admitted. 19. Admitted. In further answer, the said remittance ef$322, 178.90 was in vielatien efthe remittance request .of the remittance pelicy .of Defendants (see Plaintiff's Exhibit D) and a breach .of centract, as Plaintiff failed te remit centributiens necessary fer the eperatien .of the program in a timely manner. 20. Admitted. 4 21. Denied, as the set fees were not earned as the oral agreement with Plaintiff was terminated and Plaintiff also breached its oral agreement with Defendants by failing to remit contributions to it in a timely manner. 22. Admitted. WHEREFORE, Defendants, Pennsylvania Insurance Consortium for Schools, et a!., respectfully request this Court to dismiss Count I of Plaint iff's Complaint and enter judgment in favor of Defendants. COUNT II - BREACH OF CONTRA<;;T 23. Defendants, Pennsylvania Insurance Consortium for Schools, et a!., incorporate by reference Paragraphs I through 22 of their Answer. 24. Denied that the said Memorandum of Understanding was accepted by Defendants, In further answer, it was not accepted officially or unofficially, nor were there any representations, assurances, or promises which indicated the acceptance of said Memorandum of Understanding. 25. Denied that the terms ofthe Memorandum of Understanding state that Americana was to continue as marketing and insurance administrator until December 31, 2001. 26. It is admitted that Defendant terminated their oral agreements with P]aintiff on December 31,1999. 27. Admitted that Defendants did not state any cause for the termination as it was not necessary to state any cause since the understanding with the Plaintiff was at-will and did not have a specific term or time period. 5 28. Denied that Americana had performed all the duties set forth in the Memorandum of Understanding prior to its termination. 29. ' Denied insofar as this Paragraph purports to state that there was a contract between the parties until December 31, 2001, and denied that Americana would have earned fees and commissions on policies marketed and sold in and after July 1,2000, and July 1,2001. 30. Denied that Defendants breached any agreement by terminating Plaintiff prior to December 31, 2001, without cause as there as no agreement to breach except that Defendants employed Plaintiff and Plaintiffperforrned services for Defendants on an at-will basis with either party free to terminate the arrangement without cause upon reasonable notice. 31. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment of Paragraph 31 of Plaintiffs Complaint and strict proofthereofis demanded at trial. WHEREFORE, Defendants, Pennsylvania Insurance Consortilim for Schoo]s, et aI., respectfully request this Court to dismiss Count II of Plaintiffs Complaint and enter judgment in favor of Defendants. COUNT III - PROMISSORY ESTOPPEL 32. Defendants, Pennsylvania Insurance Consortium for Schools, et aI., incorporate by reference Paragraphs I through 31 oftheir Answer. 33. Denied. It is denied that Americana met with the Defendants and presented them with a Memorandum of Understanding, the terms of which the Defendants promised and agreed to accept; in further answer, the parties specifically discussed the negotiation and signing of an agreement which did not occur. Additionally, there were no representations, assurances, promises indicating the acceptance of said Memorandum of Understanding. 6 Denied that there were assurances, promis-es, or agreements, After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 34 of Plaintiff's Complaint, and they are, therefore, denied, and strict proof thereof is demanded at trial. In further answer, the parties specifically discussed the negotiation and signing of an agreement which did not occur. 35. Denied that Defendants knew that Americana was basing a value on its business with Defendants. Denied that Defendants promised and agreed that it would continue to use Americana until at least December 31,2001. In further answer, the parties had an oral understanding that Plaintiff would continue to work for Defendants, and the parties specifically discussed the negotiation and signing of an agreement which did not occur. 36. Denied that Defendants made representations that they accepted the terms of the Memorandum of Understanding, including the term, and it is therefoiedenied that Americana relied on representations made by Defendants in purchasing various business contracts from Sedgwick. In further answer, the parties specifically discussed the negotiation and signing of an agreement which did not occur. 37. Denied that Defendants promised to maintain Americana as its marketing and insurance administrator. The remaining allegfltions of Paragraph 37 are denied as a conclusion of law. 38. The allegations of Paragraph 38 of Plaintiffs Complaint are denied as a conclusion oflaw. To the extenUhese allegations are not conclusions oflaw, they are denied as Defendants made no agreements nor made any representations, assurances, promises, or any other kind of agreements which indicated that Americana was a marketing and insurance administrator for PICS and the PICS Trust until December 31, 2001, and these allegations are therefore denied. 7 39. Denied. After reas.onable investigati.on, Defendants are with.out kn.owledge .or inf.ormati.on sufficient t.o rorm a belief as t.o the truth .of the averments .of Paragraph 39 .of Plaintiffs C.omplaint, and strict pr.o.ofthere.ofis demanded at trial. WHEREFORE, Defendants, Pennsylvania Insurance C.ons.ortium f.or Sch.o.ols, et aI., respectfully request this.H.on.orable C.ourt t.o dismiss Coun:! III .of Plaintiffs C.omplaint and enter judgment in fav.or .of Defendants. NEW MATTER 40. Defendants, Pennsylvania Insurance C.ons.ortium f.or Sch.o.ols, et aI., inc.orp.orate by reference Paragraphs I thr.ough 39 .of their Answer. 41. Until June 30, 1999, Defendants had .oral agreements with Sedgwick James, a Pennsylvania c.orp.orati.on (Sedgwick), t.o perf.orm marketing and administrati.on w.ork f.or PIeS and PICS Trust 42. An empl.oyee f.or Sedgwick and als.o a Sedgwick representative t.o Defendants was Lawrence W. Bitner. 43. Lawrence W. Bitner is the President .of Plaintiff. 44. As .ofJune 30, 1999, Defendants ceased d.oing business with Sedgwick and had n.o further c.ontractua] c.ommitments t.o Sedgwick. 45. As .ofJuly I, 1999, Defendants empl.oyed Plaintifft.o perf.orm its marketing and service administrati.on w.ork f.or it based .on an .oral agreement that Plaintiffw.ould c.ontinue t.o perf.orm these services, and a new agreement W.ould be neg.otiated with Plaintiff. 8 46. The parties' oral contract did not include any understanding with respect to the length or term of their agreement, and therefore, the understanding would continue until either party gave notice oftermination. 47. No representations, assurances, or promises were given to Plaintiff which would reasonably have caused it to believe there was a contract to December 31,2001, as alleged by Plaintiff or for any other specific term. 48. Defendants did not induce Plaintiffto believe that it had an agreement with Defendants until December 31, 2001. 49. Plaintiff did not reasonab]y rely on any statements or actions of Defendants in believing that it had a contract with Defendants until December 31, 2001. 50. Defendants gave Plaintiff its notices oftermination on October 5,1999. Plaintiff failed to remit contributions made to it by school districts for workers' compensation coverage to Defendant PICS Trust in a timely manner as provided by Defendants' letter to Plaintiff of September 9,1999 (Plaintiffs Exhibit D). 51. Defendants needed no cause to terminate its oral agreement with Plaintiff. 52. Even though Defendants needed no cause to terminate its ora] agreement with Plaintiff, it did in fact have cause as a result of Plaintiffs breach ofits oral agreement with Defendants because Plaintiff failed to remit contributions to Defendants' workers' compensation contributions to Defendants in a timely manner. 53. As a result of Plaintiff's breach of the parties' oral understanding, Plaintiff is only due service fees lUlder its agreement with PICS Trust to October 5, 1999. 9 54. The compensation payable to Plaintiff under the oral agreement was for marketing and service administration. 55. Since Plaintiff did not perform services for Defendants after October 5, 1999, it is not entitled to compensation. 56. Defendant has neither earned nor is it entitled to compensation after October 5, 1999, under any agreement with Defendants as a result of Plaint iff's breach of contract. WHEREFORE, Defendants request this Honorable Court to enter judgment in their favor and against Plaintiff. Date: May 30, 2000 10 MlCliae alducci, Esquire Attorney for Defendant 35 North Fourth Street Sunbury, PA 17801 570-286-4398 Attorney 1. D. No. 23931 ., VERIFICATION I verify that the statements made in Defendants' Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. Date: s: 3t:J -00 1 ~ in, President urance Consortium kers' Compensation Trust 11 .. CERTIFICATE OF SERVICE I, Michael Balducci, Esquire, attorney for Defendants, do hereby certify that I have served a true and attested copy of Defendant's Answer with New Matter by mailing the same by U. S. First Class Mail, postage prepaid, this 30th day of May, 2000, upon the following: Theodore A Adler, Esquire 2331 Market Street Camp Hill, PA 17011-4642 Date: May 30, 2000 ~~~ Michael Balducci, Esquire Attorney for Defendants 35 North Fourth Street Sunbury,PA 17801 570-286-4398 Attorney 1. D. No. 23931 c:je:pics.americana.answer 12 " o 'g.~ ~' = :.,'C! "'DC;; := ",,:a 1[,-' --< ','~ ;;Q" t.> :-"b ~~ ~ "~l ~Z Q~:,V) kO -0 ~::n ~R =r ~n ~~, ~ ~m ~ "" -< . AMERlCANA FINANCIAL : IN THE COURT OF COMMON PLEAS SERVICES OF PENNSYLVANIA, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff. v. : NO.00-1739-CIVILTERM PENNSYL VANIA INSURANCE : CNIL ACTION - LAW CONSORTIUM FOR SCHOOLS, an Unincorporated AssQciation, PENNSYL VANIA INSURANCE CONSQRTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST, a Pennsylvania Common Law 'Trust, J. CHRlSTOPHERKERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, ROGER BRUBAKER, SHARON LEARN AND RlCHARD LEARN, Defendants PLATNTIFF AMERICANA FTNAN(;IAI SERVI(;ES. OFPENNSYI VANIA, me's REPLY TO DEFENDANTS' NEW MATTER 40, No reply is required. 41. Admitted in part; denied in part. It is denied that the oral agreement with Sedgwick James (hereinafter "Sedgwick") ended on June 30, 1999. Americana Financial Services of Pennsylvania, Inc. (hereinafter "Ameri=a") assumed all rights and responsibilities under said oral agreement and continued to provide services in accordance therewith, as modified by the Memorandum of Understanding which is Exhibit A to the Complaint. 42. Admitted. 43. Admitted, '" 44, Admitted with clarification. It is admitted that Sedgwick ceased providing services to the Defendants as oJ June 30, 1999. It is denied that Defendants had no further contractual commitments in connection willi the agreements it had with Sedgwick. To the contrary, the rights and responsibilities set forth in those oral agreements, as modified by the Memorandum. of Understanding which is Exhibit A to the Complaint, were assigned and assumed by Americana which continued to provide services to the Defendants after June 30, 1999. 45. Denied, On June 4,1999, the Defendants agreed to the assignment of Sedgwick's rights and responsibilities, as modified by the Memorandum of Understanding which is Exhibit A to the Complaint. This assignment became effective on July 1, 1999. The terms and conditions upon which Defendants employed Americana were set forth in the Memorandum of Understanding. 46. Denied. The Sedgwick agreements, as modified" by the Memorandum of Understanding which is Exhibit A to the Complaint, specifically set forth the term ofthe agreement, the compensation to be paid, and the scope of services to be provided. It is denied that there was any understanding that the agreement would_only continue until either party gave notice oftermination. 47. Denied. Americana, through its President, Lawrence W. Bitner, on numerous occasions .advised the Defendants that it was purchasing certain assets from Sedgwick, which included the PICS accounts, Bitner specifically insisted on a commitment from the Defendants that Americana's agreement with the Defendants would continue until December 31, 2001. Defendants specifically assured Bitner that they would continue the agreement unti] at least December 31,2001, as set forth in the Memorandum of Understanding which is Exhibit A to the Complaint. 2 .. 48. Denied. Americana would not have paid to Sedgwick the compensation agreed upon had Americana not believed it had an agreement with Defendants until December 31,2001. 49, Denied. Americana incorporates herein by reference its answers to paragraphs 47 and 48 of this Reply to New Matter. 50. Denied. The letter of October 5, 1999, which is Exhibit F to the Complaint, being in writing, speaks for itself. To the extent the averments of paragraph 50 of Defendants' New Matter are inconsistent therewith, they are denied. In further response, it is denied that Americana failed to remit contributions in accordance with the requirements of the agreement that Defendants had with Sedgwick, as modified by the Memorandum of Understanding which is Exhibit A to the Complaint. 51. Denied. The agreement between PICS and Sedgwick, as modified by the Memorandum of Understanding which is Exhibit A to the Compl!iint, provided only that the agreement would not renew for an additional term if notice were given by one of the parties sixty (60) days prior to the end ofthe term ofthe agreement. Other than for cause, the agreement could not be terminated except in accordance with the aforementioned provision. 52. Denied as a ]egal conclusion. In further response, it is averred that Americana remitted all contributions in accordance with the requirements of the oral agreement between Sedgwick and the Defendants, as modified by the Memorandum of Understanding which is Exhibit A to the Complaint. Furthermore, it is averred that timely remittance is not a basis for termination of the agreement. 3 53. Denied as legal conclusion. To the extent that the averments of paragraph 53 ofthe New Matter are deemed to be aVerments of fact, Americana specifically denies that it is oIlly due service fees to October 5, 1999. To the contrary, Americana earned its fees at or about the time the policies of insurance were placed in or about July, 1999. 54. Denied_ The services for which compensation was to be paid are as set forth in the oral agreement, as modified by the Memorandum of Understanding which is Exhibit A to the Complaint. 55. Denied. Americana continued to provide services to the Defendants after October 5, 1999. Moreover, as a result of the breach by the Defendants of its contract, Americana was prevented from continning to perform services under the contract. 56. Paragraph 56 alleges that the Defendant has not earned nor is entitled to compensation after October 5, 1999. It is assumed that this is a typographical error and that the reference to the word "Defendant" is intended to refer to Americana. Assuming that the word "Defendant" in the first line of paragraph 56 wasintei1ded to mean Americana, the averments of paragraph 56 of the New Matter are denied because they are legal conclusions. In the event that said averments are deemed to be averments of fact, Americana avers that it had earned the compensation for the policy period of July 1, 1999 to June 30, 2000. It is further averred that Americana carried out all of its obligations required under the oral agreement between Sedgwick and Defendants, as modified by the Memorandum of Understanding, which is Exhibit A to the Complaint, but was prevented from continuing to provide its services as a result of the breach by the Defendants oftheir agreement with Americana. 4 WHEREFORE, Plaintiff, Americana Financial Services of Pennsylvania, Inc., respectfully requests that this Honorable Court grant the Plaintiff the reliefsought in the Complaint. Date: June 19,2000 Theod e A. Adler, squire Attorney LD. No. 16267 2331 Market Street Camp Hill, PA 170ll-4642 Telephone: (711) 763-1383 Attorneys for Plaintiff 5 , VERIFICATION I, Lawrence W. Bitner, hereby state I am the President of Americana Financial Services of Pennsylvania, Inc. and am authorized to make this verification on its behalf. I have read the foregoing document ,and s!ate that the facts set forth therein are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated: {p I J q {oo -._-. .,. CRRTTFTC A TR OF SRRVTCF, AND NOW, tiris ,;!,~y ofJune, 2000, I hereby verify that I have caused a true aud correct copy ofthe foregoing PLAINTIFF'S REPLY TO DEFENDANTS'_NEW MATTER to be placed in the U.S. mail, first class, postage prepaid and addressed as foIIows: Michael Balducci, Esquire 25 North Fourth Street Sunbury, PA 17801 \ . . REAGER, ADLER & COGNEITI, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011-4642 1717} 763-1383 " . . 0 = 0 C = -n < ., ~~ C ~;~ ~ ::r:: N -. h1 :Z:C: J(:') (j) .' c:' , ~;~ ~--;-~C) ;<~ ..,., -~~ :fi 'l>- ~d - [ ') . ril -""C :.:'; :z: :J1 ...... :u -< -..j -< ""~~ AMERlCANA FINANCIAL SERVICES OF PENNSYLVANIA, INC., Plaintiff v. PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS, an Unincorporated Association, PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST, a Pennsylvania Common Law Trust, J. CHRISTOPHER KERWIN, DONALD DILLMAN, WILLIAM ROBERGE, PHILLIP HEILMAN, ROGER BRUBAKER, SHARON LEARN AND RlCHARD LEARN, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-1739 - CIVIL TERM : CIVIL ACTION - LAW PRA F,CTPF, TO DTSCONTTNTJR TO THE PROTHONOTARY: Please mark the above-captioned lawsuit as settled and discontinued with prejudice. Date: January 24, 2002 Theodor A. Adler, Esquire Attome J.D. No. 16267 2331 Market Street Camp HiII, PA 17011-4642 Telephone: (717) 763-1383 -....- -" CRRTTFTCATF, OF SF,RVICF, AND NOW, this 25th day of January 2002, I hereby verify that I have caused a true and correct copy of the foregoing Praecipe to Discontinue to be placed in the U.S. mail, first class, postage prepaid and addressed as foIIows: Michae] Balducci, Esquire 25 North Fourth Street Sunbury, PA 1780] ,--<'-'-", () <::> ~ ~ N fROJ k !i!.'::r, zm :;e ::0 en.._ ~~ N -",hi' U1 ~-;O ;::Sc ~. ",::: "'" ::;J -" ~O =<:: O{J5 $0 - @5rn - ~ " $ :< N 0'\ -< - ~ () C> 0 C '" " s:: '=--= ..... -ow "'" ;:; "1J mm :z Z:t5 'r- :z:~: N -,-1m U1 ::I<r-'> ~z :.-.'6 r:o ...toTI ~ "'" '.." :z:0 ::;:: r:?o -0 ..,;""-n;- Pc: ;:::; Z 1''' 35 =< 0'1 '< REAGER & ADLER. P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011.4642 1717} 763-1383