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Home My WebLink About00-02184 ROGER W. BRUBAKER, DONALD DILLMAN, PHILLIP HEILMAN, J. CHRISTOPHER KERWIN, and SHARON LEARN, TRUSTEES FOR THE PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW Plaintiffs v. : NO. {rD',,)/K"V -CIVIL TERM / AMEroCANAFINANC~SER~CESOF PENNSYL VANIA, INC., Defendant : JURY TRIAL DEMANDED NOTICE TO: Americana Financial Services of Pennsylvania, Inc. 355 North 21 st Street Camp Hill, P A 17001-0718 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 1-800-990-9108 c:je;pics.notice .'cq "0' ".' . ROGER W. BRUBAKER, DONALD DILLMAN, PHILLIP HEILMAN, J. CHRISTOPHER KERWIN, and SHARON LEARN, TRUSTEES FOR THE PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiffs v. : NO. Ov-d./J'''( -CIVIL TERM AMERICANA FINANCIAL SERVICES OF PENNSYLVANIA, INC., Defendant : JURY TRIAL DEMANDED COMPLAINT Plaintiffs, Trustees of the Pennsylvania Insurance Consortium for Schools Workers' Compensation Trust, by their attorney, Michael Balducci, Esquire, claim against Defendant as follows: 1. Plaintiffs are Trustees for the Pennsylvania Insurance Consortium for Schools Workers' Compensation Trust (pICS Trust), a Pennsylvania common law trust, with a business address and PICS Trust address ofR. R. #2, Box 2563, Berwick, Pennsylvania 18603. 2. Defendant is Americana Financial Services of Pennsylvania, Inc., a Pennsylvania corporation, with offices at 355 North 21st Street, Camp Hill, Pennsylvania 17001-0718 (Americana). 3. Plaintiffs are Trustees for a public school employer Pennsylvania workers' compensation trust self-insurance pool duly established under Pennsylvania law (77 P.S. 91036.1 et seq.), and which was formerly established by an Agreement of Trust adopted June 15, 1994. ,11l' , ~- -- c < 4. Under the applicable law, the Trustees ofPICS Trust are fiduciaries for the benefit of employees of employers participating in the fund. 5. On July I, 1999, approximately 55 public school employers participated in the PICS Trust self-funded pool consisting of various school districts, vocational and technical schools and intennediate units. 6. Plaintiffs are themselves public school employees and administrators. 7. Americana is in the business of providing various services including, but not limited to: marketing; billing; collecting and remitting contributions; and servicing of self. funded programs such as Plaintiffs'. 8. Until June 30, 1999, Plaintiffs had an oral agreement with Sedgwick James of Pennsylvania, Inc., a Pennsylvania corporation, (Sedgwick), to perform marketing and administration work for PICS Trust. 9. As part of Sedgwick's responsibilities, it billed public school employers participating in Plaintiffs' workers' compensation program for contributions and collected contributions from them. Sedgwick then remitted the balance of contributions net of its fees back to PICS Trust or its agent to be used to fund claims and expenses of the program. 10. An employee for Sedgwick and also a Sedgwick representative to Plaintiffs was Lawrence W. Bitner. 11. As of June 30,1999, Plaintiffs ceased doing business with Sedgwick. 2 "'''1', -,- -'C'" 12. As of July 1, 1999, Plaintiffs employed Defendant to perform its marketing and service administration work for it, including billing and collecting contributions, and remitting contributions to Plaintiffs or its agent net of Defendant's fees. 13. Lawrence W, Bitner is the President of Defendant. 14. Plaintiffs and Defendant had no written agreement. 15. Although Plaintiffs and Defendant had no written agreement, it was their understanding that Defendant would operate in the same manner as Sedgwick. Further, the parties would use a draft agreement between Plaintiffs and Sedgwick as a starting point for the new agreement with Defendant. 16, On September 21, 1999, the Board of Trustees ofPICS Trust voted to terminate its relationship with Defendant effective December 31,1999, and notice of the termination was sent to Defendant on or about October 5,1999, a copy of which is attached and incorporated by reference as Exhibit A. 17. On or about September 9, 1999, Plaintiffs' Program Administrator sent a letter to Defendant requesting remittances on a scheduled basis as set forth in attached Exhibit B which is incorporated by reference. The purpose of this request was to insure a regular cash flow so PICS Trust could meet its financial commitments under its program. 18. The last remittance received from Defendant prior to the above-referenced termination letter of October 5,1999, was dated September 10,1999. 3 '" . "~ "'c'" .'. - ~- l ' 19, After receiving Plaintiffs' October 5, 1999, termination letter, Defendant substantially breached its agreement with Plaintiffs by failing to remit any school employer contributions necessary for the operation of Plaintiffs ' program until November 19, 1999. 20. As a result of withholding Plaintiffs' funds and breaching its agreement with Defendant, Defendant is not entitled to compensation after October 5,1999. 21. Defendant has also unjustly withheld for its own benefit approximately $144,379.29 of Plaintiffs' funds, allegedly representing compensation Defendant would have been paid had it continued to be Plaintiffs' marketing and service administrator until June 30, 2000. 22. Plaintiffs have demanded payment of the services withheld by Defendant, but Defendant has failed to return Plaintiffs' monies to it. 23. Since January 1, 2000, Plaintiffs have employed and have been paying other firms to perform Plaintiffs' marketing and administrative work. 24. Defendant has neither earned nor is it entitled to compensation from October 5, 1999, to June 30, 2000, which it has failed to remit to PICS Trust. 25. Plaintiffs are entitled to and demand payment of$144,379.29 unjustly withheld by Defendant. WHEREFORE, Plaintiffs, Trustees of the Pennsylvania Insurance Consortiwn for Schools Workers' Compensation Trust, demand judgment in their favor and against Defendant, 4 :''If,,, "1-' Americana Financial Services of Pennsylvania, Inc., in the amount of $144,379.29, plus attorney's fees, interest and costs of suit. Respectfully submitted, Date: April 10, 2000 ~1!u()~Jfu Michael Balducci, Esquire Attorney for Plaintiffs Attorney I. D. No. 23931 35 North Fourth Street Sunbury,PA 17801 Telephone: (570) 286-4398 FAX: (570) 286.5414 E-mail: balducci@csrlink.net Je:c:4-10-00.pics.complaint 5 ~. - . ,~ .' ~ - I, Pennsylvania Insurance Consortium for Schools October 5, 1999 Americana Financial Services ofP A, Inc. 355 North 21" Street Camp Hill, PA 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 ofP A, 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 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, ~w~~ Roger W. Brubaker Secretary/Treasurer EXHIBIT A ,~ , ,.,~" , -, '" " September 9, 1999 Larry Bitner Americana Financial Services POBox718 CampHilI,PA 17001-0718 Dear Larry, This letter is a follow-up to our phone conversation regarding payments to service providers by Americana and remittance of collected premiums to PICS, Americana is authorized to bill PICS members for their calculated premiums at the following schedule: First quarter premium Second quarter premium Third quarter premium Fourth quarter premium 35% 21.67% 21.67% 21.67% 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 PICS. The net collected member premiums should be forwarded to PICS Program Administration based upon the following schedule and prior to the listed dates: " First Quarter Aug. 1 - Aug. 15 - Sept. 1 - Sept. 15 Second Quarter Oct. 15 - Nov. 1 - Nov. 15 - Dec. 15 Third Quarter Jan. 15 - Feb. 1 - Feb. 15 - Mar. 15 Fourth Quarter Apr. 15 - May 1 -May 15 - June 15 Audit Premiums Submitted as collected above If you have any questions regarding these percentage amounts and schedules, please feel free to call and discuss. Sincerely Yours Edwin Kosteva Program Administrator Richard L, Learn, President Vice President Roger W, Brubaker. See/Freas, Edwin T, Kosteva CLUIRHU Program Administrator RR 2 Box 2563, Berwick, P A 18603 1.800.607.PICS (570) 759.8004 FAX (570) 759.7I 13 EXHIBIT B '1"',~ VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A. S4904 relating to unsworn falsification to authorities, Dated: April 10, 2000 rwin, President urance Consortium for s' Compensation Trust "''Oi~ , > " ." , r~ -{l ~Q c:s 1'-' ~~ I ,~~ 't.... " ~ ,~ ,MilL ,,,""', ~~.- ", . .. o c.: ;.:-- ~t;~ en ,:-:~~ -<..<. ~::c-) ::.:;;: -..".c) 5~8 .:~::: -j '"" o l:.:::J ~L-"'\IO "J ~,-v ,-, "-0 c.) ~}1 00 - n -l~) 7' r- ';T~ :<;(~) " (:/f-'j ::.~ .--.J -<; ~ ~ J .. -<: \.r; ... c:i- .. .c. ,01 c c v (, c t 'f -"l.."~g'~;'_"l",_,"!Il!l,~ _ Q_ ~~~j~- ""-,.....~~~I'Jo~ ~-- ~ !!Rl!I!l!III SHERIFF'S RETURN - REGULAR CASE NO: 2000-02184 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRUBAKER ROGER W ET AL VS AMERICANA FINANCIAL SERV OF PA , Sheriff or Deputy Sheriff of SHANNON SUNDAY Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AMERICANA FINANCIAL SERVICES OF PENNSYLVANIA the , at 0013:34 HOURS, on the 14th day of April , 2000 DEFENDANT at 355 NORTH 21ST ST O\MP HILL, PA 17011 by handing to SUSAN TOTH (HUMAN RESOURCE MANAGER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9,30 .00 10.00 .00 37.30 So Answers: ~~ r~""J~~~ R. Thomas Kline 04/18/2000 MICHAEL BALDUCCI Sworn and Subscribed to before By: ~no-n In, ~d?l!f' Deputy Sheriff me this /1 ~ day of l~ ,;2,nrr.) A. D. 0'(1 0 7v,,,tJ;..J AD~Lf rothonotary I I I I.ni~~" _li :- ~ . ROGER W. BRUBAKER, DONALD DILLMAN, : IN THE COURT OF COMMON PLEAS PHILLIP HEILMAN, l CHRISTOPHER : CUMBERLAND COUNTY, PENNSYLVANIA KERWIN, and SHARON LEARN, TRUSTEES : CIVIL ACTION - LAW FOR THE PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST, Plaintiffs v, : NO, 00.2184 CIVIL TERM AMERICANA FINANCIAL SERVICES OF PENNSYLVANIA, INc', : JURY TRIAL DEMANDED Defendant NOTTCR TO PLRAD To: Roger W, Brubaker, Donald Dillman, Phillip Heilman, l Christopher Kerwin, and Sharon Learn, Trustees for the Pennsylvania Insurance Consortium for School Workers' Compensation Trust, c/o their attorney, Michael B'alducci, Esquire YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, REAGER, AD ER & COGNETTI, p,c. Date: May 4, 2000 Theodore A Adler, Esquire Attorney LD, No, 16267 2331 Market Street Camp Hill, PA 17011.4642 Telephone: (717) 763.1383 Attorneys for Defendant ROGER W. BRUBAKER, DONALD DILLMAN, : IN THE COURT OF COMMON PLEAS PHILLIP HEILMAN, J. CHRISTOPHER, : CUMBERLAND COUNTY, PENNSYLVANIA KERWIN, and SHARON LEARN, TRUSTEES : CIVIL ACTION - LAW FOR THE PENNSYLVANIA INSURANCE CONSORTillM FOR SCHOOLS WORKERS' COMPENSATION TRUST, Plaintiffs v, : NO, 00.2184 CIVIL TERM AMERICANA FINANCIAL SERVICES OF PENNSYLVANIA, INC., : JURY TRIAL DEMANDED Defendant DEFENDANT AMERICANA FINANCIAL SERVICES OF PENNSYLVANIA, INe'S ANSWER WTTH NRW MATTER 1. Admitted, 2, Admitted. 3. Admitted. 4, Denied as a legal conclusion, 5. Admitted, 6. Admitted, 7, Admitted. 8, Admitted with clarification. It is admitted that the agreement with Sedgwick was oral. However, the documents in which Plaintiffs agreed to have Sedgwick assign to Defendant all insurance contracts, programs or arrangements between Sedgwick and Plaintiffs was in writing, as was the Memorandum of Understanding more fully described below, 9, Admitted, 1i'~ ,-,,-,---, ~, 10, Admitted, 1 L Admitted with clarification. It is admitted that June 30, 1999, was the last date on which Sedgwick provided services to Plaintiffs, Thereafter, the Mfinity Unit of Sedgwick, which had been providing services to Plaintiffs, became affiliated with Americana Financial Services of P A, mc, Lawrence Bitner is President of Americana, 12, Admitted with clarification. It is admitted that Americana performed the services described, It is averred, however, that Americana provided other services as more fully set forth in a Memorandum of Understanding agreed to by Plaintiffs, 13. Admitted. 14, Denied, Plaintiffs and Defendant agreed to the terms of a Memorandum of Understanding, a copy of which is attached hereto as Exhibit A Fee and commission terms were confirmed by Plaintiffs in a letter dated September 9, 1999, a copy of which is attached hereto as Exhibit B. 15, Denied, Plaintiff s agreed to the terms and conditions set forth in the Memorandum of Understanding, as confirmed by subsequent written correspondence between the parties, 16, Admitted in part; denied in part, It is admitted that Exhibit A to the Complaint was received by Defendant The letter speaks for itself. The remaining averments are denied because Defendant, after reasonable investigation, does not have sufficient information to form a belief as to their truth, 2 ,fl. ., _0 ........~ 17, Admitted in part; denied in part, It is admitted that Exhibit B to the Complaint was received by Defendant The remaining averments are denied because they seek to characterize and explain a written document, which speaks for itself. 18. Admitted, 19, Denied as a legal conclusion. In further response, it is averred that Americana was required to remit payments in accordance with the requirements set forth in Exhibit B to the Complaint Americana did so. It is denied that Exhibit B required Americana "to remit any school employee contributions necessary for the operation of Plaintiffs' program" as averred, 20. Denied as a legal conclusion, 21, Denied as a legal conclusion, In further response, it is averred that all compensation due Defendant was earned prior to January 1, 2000, the date on which Plaintiffs purported to terminate the agreement 22, Denied, The averment that "Plaintiffs have demanded payment of the services withheld by Defendant" is ambiguous and vague and Americana is incapable ofresponding to it To the extent that Plaintiffs allege that certain services required by the agreement between the parties were not performed by Americana, the averments are denied. Americana provided all of the services required up until the time it was terminated, To the extent Plaintiffs allege that they performed services for which Americana must make payment, the agreement between the parties did not so provide, To the extent Plaintiffs allege that Americana is withholding money to which it is not entitled, said averments are denied, All monies retained by Americana were earned. 3 '_,,,. ~ I , ,~ 23, Admitted in part; denied in part. It is admitted that another company is now performing the services previously performed by Americana, The terms of any agreement between Plaintiffs and this new company are unknown to Americana and are, therefore, denied, 24, Denied. Americana earned the fees and commissions on business placed prior to the effective date of termination, 25, Denied as a legal conclusion, WHEREFORE, Defendant, Americana Financial Services of Pennsylvania, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiffs. NRWMATTER 26, The averments of paragraphs one (I) through twenty. five (25) of this Answer are incorporated herein by reference as if fully set forth, 27, The Memorandum of Understanding between the parties provides that the agreement between the parties will continue until December 31, 200 I. 28, Prior to the letter of October 5, 1999, Plaintiffs had not provided any written notification that (I) they intended to terminate the agreement, (2) Americana had failed to carry out its duties and responsibilities or (3) they intended to retain another company to perform the services that were being provided by Americana, 29, The Memorandum of Understanding does not contain a termination provision. 30, The Memorandum of Understanding is terminable only for cause, 4 'C 31, The action of Plaintiffs purporting to terminate its agreement with Americana without cause is a breach of contract 32. Despite the purported termination, Plaintiffs remain obligated to pay Americana what it earned under the agreement 33, Americana released to Plaintiffs all money to which they are entitled. 34. Americana complied with the payment schedule attached as Exhibit B to the Complaint 35, Plaintiffs have failed to state a cause of action on which relief can be granted, WHEREFORE, Defendant, Americana Financial Services of Pennsylvania, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiffs. Respectfully sUlJmitted, Date: May 4, 2000 Theodore A. Adler, Esquire Attorney I.D, No, 16267 2331 Market Street Camp Hill, PA 17011.4642 Telephone: (717) 763-1383 Attorneys for Defendant 5 -"I" .... VERIFICA TION 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, ~4904 relating to unsworn falsification to authorities, ~- 1: rence W, Bitner Dated: 5/Lj 100 ','(.< -~ CERTIFICATE OF SERVICE AND NOW, this 4th day of May, 2000, I hereby verify that I have caused a true and correct copy ofthfi foregoing ANSWER WITH NEW MATTER to be placed in the V,S. mail, first class, postage prepaid and addressed as follows: Michael Balducci, Esquire 25 North Fourth Street Sunbury, PA 17801 ~ THE >"f~" ROGER W. BRUBAKER, DONALD DILLMAN, PHILLIP HEILMAN, J. CHRlSTOPHER KERWIN, and SHARON LEARN, TRUSTEES FOR THE PENNSYLVANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiffs v, : NO. 00.2184 - CIVIL TERM AMERICANA FINANCIAL SERVICES OF PENNSYLVANIA, INC., Defendant JURY TRIAL DEMANDED PLAIN1JFFS' REPLY TO DEFE~ANT'S NEW MATTER 26, The averments of Paragraphs 1 through 25 of Defendant's Answer are hereby denied insofar as they are alleged as New Matter. The averments of Paragraphs I through 25 of Plaintiffs' Complaint are incorporated by reference. 27. Denied in part and admitted in part, Denied, as there is no Memorandum of Understanding attached to Defendant's Answer as averred by Paragraph 14 of its Answer. Denied that any such Memorandum of Understanding was "between the parties" as Plaintiffs never agreed to the terms of the aforesaid Memorandum of Understanding nor made any representations, assurances, promises, or any other kind of agreements which indicated the acceptance of said Memorandum of Understanding. In further answer, the parties specifically discussed the negotiation and signing of an Agreement which did not occur. Denied there was any kind of agreement between the parties or assurances, representations, or promises indicating that the terms of the arrangement with Defendant would continue until December 31, 200 I, It is admitted that at least one of the Plaintiffs had received a copy of the said Memorandum of Understanding, I I I I I , I I r'T 28. Denied in part and admitted in part. It is denied that Plaintiffs had not provided any written notification that (1) they intended to terminate the agreement as there was no ~ . ~ -- agreement to terminate other than that Defendant would continue to be Plaintiffs' administrator on an at-will basis. It is admitted that Plaintiffs had not provided any written notification that Defendant had failed to carry out its duties and responsibilities, but in further answer thereto, Plaintiffs were concerned with a weak marketing effort by Defendant in 1999 and also Plaintiffs were concerned with the close personal and business relationships of Defendant's President, Lawrence W. Bitner, with other vendors and subcontractors of Plaintiffs, among other concerns, It is admitted that prior to the letter of October 5, 1999, Plaintiffs had not provided any written notification to Defendant that they intended to retain another company to perform the services that were provided by Defendant, but at all times prior to October 5, 1999, Plaintiffs and Defendant discussed that it was necessary for a new contract to be negotiated, 29. Denied. The said Memorandum of Understanding is not attached to Defendant's Answer with New Matter. Further, it was not an agreement between the parties and was never accepted, and there were also never any representations, assurances or promises that the said Memorandum of Understanding would be accepted. In further answer, the parties specifically discussed the negotiation and signing of an Agreement which did not occur. 30. Denied as a legal conclusion and it is further denied as the referenced Memorandum of Understanding was not attached to Defendant's Answer and there was never any agreement by Plaintiffs to the said Memorandum of Understanding, and there was also no assurances or representations or promises that the said Memorandum of Understanding was an agreement. In further answer, the parties specifically discussed the negotiation and signing of an Agreement which did not occur. 31, Denied. It is denied that there was any agreement with Defendant other than an agreement to employ Defendant at will which was terminable by either party, It is further denied that there was any breach of contract as Plaintiffs could terminate its agreement as they did. In further answer, the parties specifically discussed the negotiation and signing of an Agreement which did not occur. ~ ." , ~~ 32. Denied as a legal conclusion, and in further answer thereto, Defendant unjustly retained unearned sums of Plaintiffs to which it is not entitled as there was no agreement as alleged. In further answer, the parties specifically discussed the negotiation and signing of an Agreement which did not occur. 33, Denied as a legal conclusion, and in further answer thereto, it is denied that Defendant released to Plaintiffs all monies to which they are entitled, as Plaintiffs are entitled to the funds which Defendant unjustly retained and did not earn, 34. Denied that Defendant complied with the payment schedule attached as Exhibit B to the Complaint. 35. Denied that Plaintiffs have failed to state a cause of action on which relief can be granted, WHEREFORE, Plaintiffs, Trustees of the Pennsylvania Insurance Consortium for Schools Workers' Compensation Trust, demand judgment in their favor and against Defendant, Americana Financial Services of Pennsylvania, Inc" in the amount of $144,379.29, plus attorney's fees, interest, and costs of suit. Respectfully submitted, , Date: May 24, 2000 ~~ Michael Balducci, Esquire Attorney for Plaintiffs Attorney I. D. No, 23931 35 North Fourth Street Sunbury, PA 17801 Telephone: (570) 286.4398 FAX: (570) 286.5414 E-mail: balducci@csrlink.net je:c:5/24/00.pics.reply to new matter t... 1"'''' ,~_ ~" I) VERIFICATION I verify that the statements made in Plaintiffs' Reply to Defendant's New Matter are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A 94904 relating to unsworn falsification to authorities. Dated: 6L~/~ I / ~ , ~'." ,.-, ... CERTIFICATE OF SERVICE AND NOW, this 25th day of May, 2000, I, Michael Balducci, Esquire, Attorney for Plaintiffs, hereby certify that I served the within Reply of Plaintiffs to Defendant's New Matter upon the Defendant by placing the same in the U. S, Mail, First Class, addressed as follows: Theodore A. Adler, Esquire Reager, Adler & Cognetti, P.C. 2331 Market Street Camp Hill, PA 17011.4642 '" Attorney for Defendant ~~~~ Michael Balducci, Esquire Attorney for Plaintiffs '1' ,__l_," _ -', ' -~-. ,". "t ." m 1-' . ~'^~ ", ,~,~ - ~~ ,-' -"1';<- .. 'c::> 0 c.:.) 'n :::J: ... J;:.'" "T~ ~':n -< .11, ;"'0 -~'~? () ',~;O ?"" ~;?;~ . .,,~ ~.AA> cj b,rn /-: :"'-.;1 ';! ~ :0 ..,J -< o "'iG.l'!~'O,~IiI""'_ .~.4'H!II~~~l'!'1l~~ ''''-i~!IJl!,~ - ROGER W. BRUBAKER, DONALD DILLMAN, PHILLIP HEILMAN, J. CHRISTOPHER KERWIN, and SHARON LEARN, TRUSTEES FOR THE PENNSYL VANIA INSURANCE CONSORTIUM FOR SCHOOLS WORKERS' COMPENSATION TRUST, Plaintiffs v. AMERICANA FINANCIAL SERVICES OF PENNSYLVANIA, INC., : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO, 00-2184 - CIVIL TERM Defendant : JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO: CUMBERLAND COUNTY PROTHONOTARY Please mark the above-captioned lawsuit as settled and discontinued with prejudice, Date: /... 1. q -0""" . ::~~ '.'-- ",",'>'''--- ~, Respectfully submitted, ~~~o _ MlChael Balducci, Esquire Attorney for Plaintiffs 35 North Fourth Street Sunbury, PA 17801 570-286.4398 Attorney I. D, No. 23931 CERTIFICATE OF SERVICE AND NOW, this 29th day of January, 2002, I, Michael Balducci, Esquire, Attorney for Plaintiffs, hereby certifY that I served the within Praecipe to Discontinue by U, S. First Class Mail, postage prepaid, upon the following as attorney for Defendant: Theodore A. Adler, Esquire Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011.4642 /!/Uvt~ ~ Michael Balducci, Esquire Attorney for Plaintiffs !"~1.1F~__ J I ? _~ 'To . ~ oR _ ~ ,,-' ~ , \, ,".- """ ,!ll!lI~ . ~', -~...., ~~ .._~~~ ~ ~"~ ... "'~- , . '.;' -~- _ ~-~ ~'t" ..~, ~".. , ... ~_ ~ 2t~~Jml'I*~_N~Il"~~~"'",~~!!I~'r"1'_~~lII 0 C () c: 1'-.,.:- ? -'il ;:gCt: :C.i1.~ ~S-i ~z cO\" w 'T!rE: -<::' (;:) i1' r..-:c " ,1:~\~ :5> :z:D :3, , )-- 5>0 -~(-. c - "'~rr1 ~-= " ~ " ::;;! ":n >- 0-> 3) -<