HomeMy WebLinkAbout01-5730BEVERLY HEALTH &
REHABILITATION SERVICES, INC.,
Plaintiff
V.
CORESTAR, a Division of
Coresource, Inc.
Defendant
· IN THE COURT OF COMMON PLEAS OF
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:NO.
: CIVIL ACTION - LAW
PRAECIPE TO WRIT OF SUMMONS
TO THE PROTHONOTARY:
Please issue a Writ of Summons to the Defendant. The Defendant's
address is:
Corestar
P.O. Box 1195
Minneapolis, MN 55440-1195
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
DATED: October 1,2001
By:
Mark K. Emery #7/¢4'2~87
Supreme Court I.D.
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691~5400
Attorney for Plaintiff
Commonwealth of Pennsylvania
County of Cumberland
BEVERLY HEALTH &
REHABILITATION SERVICES, INC.
CORESTAR, a Division of
Coresource, Inc.
P.O. Box 1195
Minneapolis, ~ 55440-1195
Court of Conunon Plea~
No. 01-5730 Civil Term 19
In Civil Action - Law
To _ _C~3~ m_t ar, _ a _OiY~ior~ _Q f _ ~are~u~c~ L _Inc.
You are hereby notified that
Beverly Health & Rehabilitation Services, Inc.
the Plaintiff has commenced an action in ....... C__i_yj-_l__A_g_t_i_c2_o__-__L__a_w ............................
against you which you are required to defend or a default judgment may be entered aga~inst you.
( SEAL )
Date October 2, 2001 19 ....
Prothonomr~
BEVERLY HEALTH &
REHABILITATION SERVICES, INC.,
Plaintiff
V,
CORESTAR, a Division of
Coresource, Inc.
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5730 Civil Term
:
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Mark K. Emery, do hereby swear and affirm that the Writ of Summons was
served via certified mail, return receipt requested, on October 15, 2001, addressed as
follows:
Corestar
P.O. Box 1195
Minneapolis, MN 55440-1195
Said retum receipt was signed by Corestar on October 18, 2001.
FENSTERMACHER AND ASSOCIATES, P.C.
Mark K. Emery
Court for the Middle District of Pennsylvania on the ~ay of November, 2001.
Respectfully submitted,
PEPPER HAMILTON LLP
By:
A. Christopher Young J
Shannon Chase Gierasch
Attorney I.D. No. 84148
Attorneys for Defendant
Corestar, a Division of Coresource, Inc.
PHLEGAL: #1169832 vi P2NCO I!.WPD
CERTIFICATE OF SERVICE
I hereby certify that on November/¢ , 2001, a tree and correct copy of defendant
Corestar, a Division of Coresource, Inc.'s Notice of Removal From the Court of Common Pleas
of Cumberland County to the United States District Court for the Middle District of Pennsylvania
has been served via regular mail upon:
Mark K. Emery, Esquire
Fenstermacher and Associates, P.C.
The Jonas Rupp House
5115 East Trindle Road
Mechanicsburg, PA 17050
Dated: November /¢, 2001
Marianne Sottile / -
PEPPER HAMILTON LLP
By: A. Christopher Young, Esquire
Attorney I.D. No. 55742
3000 Two Logan Square
18th & Arch Streets
Philadelphia, Pennsylvania 19103
(215) 981-4000
BEVERLY HEALTH &
REHABILITATION SERVICES, 1NC.
VS.
Plaintiff,
CORESTAR, a Division of
Coresource, Inc.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5730
CIVIL ACTION - LAW
Defendant. :
NOTICE OF REMOVAL FROM THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY TO THE UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA OF
DEFENDANT, CORESTAR, A DIVISION OF CORESOURCE, INC.
TO THE PROTHONOTARY:
Pursuant to 28 U.S.C. § 1446(e), defendant, Corestar, a Division of Coresource,
Inc., files herewith a certified copy of a Notice of Removal filed in the United States District
PHLEGAL # 169832 v P2NC011WPD
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
BEVERLY HEALTH &
REHABILITATION SERVICES, INC.
Plaintiff,
VS.
CORESTAR, a Division of
Coresource, Inc.
P.O. Box 1195
Minneapolis, MN 55440-1195
Defendant.
: CIVIL ACTION
:
:
:
: NO.
01-2.149
NOTICE OF REMOVAL FROM THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY TO THE UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA OF
DEFENDANT. CORESTAR, A DIVISION OF CORESOURCE, INC.
TO THE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA:
Pursuant to the Act of June 25, 1948, 62 Stat. 937, as amended, November
19, 1988, 102 Stat. 4669, 28 U.S.C. §1441, the defendant, Corestar; aD~¥isi.on of
PHLEGAL: #1169889 vi P2_X01 !.WPD
Coresource, Inc. ("Corestar"), hereby petitions this Honorable Court to remove the
above-captioned action from the Court of Common Pleas of Cumberland County
to the United States District Court for the Middle District of Pennsylvania. In
support of this petition, moving defendant avers as follows:
1. On October 2, 2001 a Writ of Summons was filed in the Court
of Common Pleas of Cumberland County, Pennsylvania, in civil litigation
captioned Beverly Health & Rehabilitation Services, Inc. v. Corestar, a Division of
Coresource. Inc., No. 01-5730, Civil Term. A true and accurate copy of the Writ
of Summons is attached to this Notice and identified as Exhibit 1.
2. The Summons identifies the plaintiff as Beverly Health &
Rehabilitation Service, Inc., an entity known to the defendant as a provider of
health and medical services.
3. The defendant is a claims administrator of employee group
health benefit plans.
4. The plaintiff has not yet filed a Complaint.
5. On October 18, 2001, the defendant was provided with a copy
of the Writ of Summons, Interrogatories and Requests for Production of
Documents addressed to the defendant by way of a transmittal letter dated October
15, 2001 from the plaintiff's counsel. A true and accurate copy of the Certificate
PHLEGAL: #1169889 vl P2~X01 !.WPD
of Service is attached to this Notice and identified as Exhibit 2; a true and accurate
copy of plaintiff's counsel's October 15, 2001 letter is attached to this Notice and
identified as Exhibit 3.
6. The Writ of Summons, together with counsel's letter and
accompanying discovery, inform the defendant that the instant action is based
upon its denial of benefits under an Employee Group Health Plan, to wit:
a. Counsel's letter discusses the basis for the instant action
as "your bad faith refusal to provide payment for services." See Exhibit 3.
b. The instruction and definition section of both the
Interrogatories and Requests for Production of Documents state that "all matters
referred to herein refer to plaintiff's services provided to Edna C. Neil, ... Group
Name/#Lipton/20573-7." A true and accurate copy of the Interrogatories is
attached to this Notice and identified as Exhibit 4; a true and accurate copy of the
Requests for Production of Documents is attached to this Notice as Exhibit 5.
c. Interrogatory number 4 states, "[i]dentify the specific
basis for your determination that Edna Neil was not eligible for benefits." See
Exhibit 4.
PHLEGAL: #1169889 vi P2_X01 !.WPD
d. Request to Produce number 3 asks the defendant to
produce "[t]he complete group health plan covering John Porter Neil and his
dependents." See Exhibit 5.
7. This Notice is timely under 28 U.S.C. § 1446(b).
8. The action filed in the Court of Common Pleas of Cumberiand
County is and was subject to the original jurisdiction of this Court pursuant to 28
U.S.C. § 1331 and is properly removed to this Court pursuant to 28 U.S.C. § 1441
et seq. because the plaintiff's cause of action is alleged to be a suit by a provider
of health and/or medical services to collect benefits under an employer sponsored,
self funded health benefit plan. Accordingly, this action and the defendant's
liability, if any, are governed by the Employment Retirement Income Security Act
of 1974 ("ERISA"), 29 U.S.C. § I001, et seq.
PHLEGA[2 #1169889 vl P2_X0 I!.WPD
WHEREFORE, the Defendant, Corestar, a Division of Coresource,
Inc., hereby gives notice that the above-captioned action against it in the Court of
Common Pleas of Cumberland County, Pennsylvania is removed to this Court.
Respectfully submitted,
PEPPER HAMILTON LLP
By:
3000 Two Logan Square
18th & Arch Streets
Philadelphia, PA 19103
(215) 981-4190 - Phone
(215) 981-4750 - Fax
Shannon Chase Gierasch
200 One Keystone Plaza
North Front and Market Streets
Harrisburg, PA 17108-1181
(717) 255-1155 - Phone
(717) 238-0575 - Fax
Attorneys for Defendant
Corestar, a Division of Coresource, Inc.
PHLEGAL #1169889 vi P2_X01 !.WPD
Exhibit A
fl ;!q!qx3~
BEVERLY HEALTH &
REHABILITATION SERVICES, INC.,
Plaintiff
V.
CORESTAR, a Division of
Coresoume, Inc.
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5730 Civil Term
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Mark K. Emery, do hereby swear and affirm that the Writ of Summons was
served via certified mail, return receipt requested, on October 15, 2001, addressed as
follows:
Corestar
P.O. Box 1195
Minneapolis, MN 55440-1195
Said retum receipt was signed by Corestar on October 18, 2001.
FENSTERMACHER AND ASSOCIATES, P.C.
Mark K.
PYS510 Page i
200f-05730 BEVERLY HEALTH & REHABILITATIO
Cumberland County Prothonotary's Office
Civil Case Inquiry
(rs) CORESTAR
Reference No..:
Case TvDe ..... : WRIT OF SUMMONS
Ju~gmeh% ..... ~ - .00
Juage Assignea:
Disposed Desc.:
............ Case Comments .............
Filed ........ :
Time ......... :
Execution Date
Jury Tria~ ....
Disposed uate.
Higher Crt 1.:
Higner Crt 2.:
10/02/2001
2:38
o/oo/0ooo
0/oo/o00o
General Index Attorney Info
BEVERLY HEALTH & PLAINTIFF EMERY MARK K
REHABILITATION SERVICES INC
CORSTAR DEFENDANT
PO BOX 1195
MINNEAPOLIS MN 55440 1195
* Date Entries *
............. FIRST ENTRY ..............
10/02/2001 PP~AECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION-WRIT OF SUMMONS ISSUED
I0/24/2001 .....
.............. LAST ENTRY ..............
* Escrow Information *
* Fees & Debits Beg Bal Pymts/Adj End Bal *
WRIT OF SUMMONS 35.00 35.00 .00
TAX ON WRIT .50 .50 .00
SETTLEMENT 5.00 5.00 .00
JCP FEE 5.00 5.00 .00
45.50 45.50 .00
* End of Case Information *
Exhibit C
FENSTERMACHER AND ASSOCIATES, P.'C,,,,..
A'FI'ORHEYS ~ COUNSELORS AT LAW ~.~__~B~I~II~~, ,
MARK K. EMERY. ESQUIRE ~
DIRECT DIAL (717) 691-5439
October 15, 2001
VIA CERTIFIED MAIL 7000 2870 0000 3479 6911
Corestar
P.O. Box 1195
Minneapolis, MN 55440-1195
RE: Beverly Health & Rehabilitation Services, Inc. v. Corestar
No. 01-5730 (Cumberland)
Dear Sir or Madam:
Beverly Health & Rehabilitation Services, Inc. has instituted suit against you for
your bad faith refusal to provide payment for services. I have previously written to
Stephen Splan explaining the basis for this suit. A Writ of Summons is enclosed for
service. In addition, you will find enclosed Interrogatories and Requests for Production
of Documents. Please respond within the time alloted by the Pennsylvania Rules of
Civil Procedure.
Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C.
I~ark K. Emery
crs
Enclosures
cc: Amy Ranger-Jeffries (without Enclosures)
MECHAJflIC. SBURG OFF~CE:
(717) 691-5400
FAX (717) 69'1-5441
Exhibit D
BEVERLY HEALTH &
REHABILITATION SERVICES, INC.,
Plaintiff
V,
CORESTAR, a Division of
Coresource, Inc.
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5730 Civil Term
: CIVIL ACTION - LAW
PLAINTIFF'S FIRST SET OF WRITTEN INTERROGATORIES
TO:
Corestar
P.O. Box 1195
Minneapolis, MN 55440
These Interrogatories are propounded pursuant to the Pennsylvania Rules
of Civil Procedure and are to be answered by the Defendant in accordance therewith.
Defendant is required to answer these Interrogatories in writing under oath, based upon all
information available to them and to their attorneys, employees, and other agents, or
representatives. Defendant is also required to serve answers to these Interrogatories
within thirty (30) days, to the offices of Plaintiff's counsel, Fenstermacher and Associates,
P.C., 5115 East Trindle Road, Mechanicsburg, Pennsylvania 17050, and supplement
their answers in accordance with the Pennsylvania Rules of Civil Procedure.
These Interrogatories are to be answered by the Defendant, Corestar, a
Division of Coresource, Inc.
Instructions
1. The following Interrogatories are to be answered in writing, verified, and
served upon the undersigned within thirty (30) days of service upon you. Objections
must be signed by the attorney raising the objection. In answering, you must furnish
any and all information available to you, your employees, representatives, agents and
attorneys. Your answers must be supplemented and amended as required by the
Pennsylvania Rules of Civil Procedure.
2. With respect to any claim of privilege or immunity from discovery, you must
identify the privilege or immunity asserted and provide sufficient information to
substantiate the claim.
3. In lieu of identifying documents in response to these Interrogatories, you may
provide copies of such documents with appropriate references to the corresponding
Interrogatories.
4. These Interrogatories shall be construed and interpreted in accordance with
the Pennsylvania Rules of Civil Procedure.
5. All matters referred to herein refer to Plaintiff's services provided to Edna L.
Nell, Social Security No. 178-14-3027, dependent of John Porter, Social Security No.
188-20-9005, Group Name/~ Lipton/20573-7, Patient Control No. 0028598205.
Definitions
1. "Document", when used herein, means any record, including any object
which contains written, printed, typed or magnetically recorded information, a graphic or
photographic representation or sound, however produced or reproduced. Document
includes an original or any copy of any statement, report, letter, memorandum, book,
article, note, blueprint, drawing, sketch, photograph, motion picture, videotape,
phonograph, compact disc or any other sound recording. Document also includes any
card, disc, magnetic tape, printout, data cell, drum and any other data compilations
designed for the storage of information in conjunction with a computer or any other
word/data processing system.
2. "Identify" or "Identity", when used herein with respect to:
a. A natural person means to state:
i. the person's full name;
2
the person's present or last known address; and
the person's employer and employer's address at the time of
the events referred to in the Interrogatory.
b. An entity other than an individual, including a corporation,
partnership, limited liability company or partnership, unincorporated association,
governmental agency, etc. or a subsidiary, division, or subdivision thereof, means to
state:
Its full corporate name;
the date and place of incorporation, if known;
the present or last known address of the entity; and
if applicable, the full name and present or last known
address of the entity's subsidiary, division or subdivision.
c. A document, as defined above, means to state:
the nature of the document (i.e. whether it is a report,
statement, letter, etc.);
the title of the document, or if no title, a description of the
document sufficient to identify same;
the identity of the person(s) who prepared the document;
the identity of the person(s) for whom the document was
prepared or to whom the document was directed;
the date the document was prepared; and
the identity of the present custodian of the document or any
copy of the document.
d. An oral communication means to state:
vi.
the date the communication occurred;
the place where the communication occurred;
the substance of the communication;
the identify of the person(s) who made the communication;
the identity of each person to whom such communication
was made; and
the identity of each person who was present when such
communication was made.
3
e. Any other context means to provide a description with sufficient
particularity that the thing may thereafter be specified and recognized, including relevant
dates and places, the identification of relevant people, entities, and documents.
3. "Person", when used herein refers to a natural person, association,
partnership, corporation, or government agency.
4. "You" or "Your", when used herein, refers to Corestar, a Division of
Coresource, inc., Defendant, its agents, representatives, servants, and/or employees.
Interrogatories
1. Identify all individuals who were involved in making the determination to deny
coverage for the services provided and, in addition, identify their home address and
telephone numbers, job titles, and education and training backgrounds.
ANSWER:
4
2. Identify each independent physician consultant who reviewed the records
provided by Plaintiff and, in addition, identify:
a. their complete educational background and training;
b. the amount paid to said consultant by you each year from 1995 to
the present;
c. the number of claims reviewed for you by said consultant each year
from 1995 to the present; and
d. the number of claims said consultant has advised you to not cover,
from 1995 to the present.
ANSWER:
5
3. Identify all documents, including internal directives, memos, policy manuals or
other documentation relied upon or reviewed by the independent medical consultant.
ANSWER:
6
4. Identify the specific basis for your determination that Edna Nell was not
eligible for benefits.
ANSWER:
7
5. Identify each lawsuit filed against you within the past 5 years wherein you
determined that services provided were not covered as they were not "skilled nursing
care", and plaintiffs claimed that such denial of benefits/coverage was made in bad
faith.
ANSWER:
8
6. Identify the complete factual basis for your determination that tube feedings
are not skilled nursing care.
ANSWER:
7. Identify the complete factual basis for your determination that Plaintiffs
treatment of decubitus ulcers was not skilled nursing care.
ANSWER:
10
8. Identify all documents, including manuals, texts, memos or other
documentation in which "skilled nursing care" is defined, or which you otherwise relied
upon in making your determination to deny coverage.
ANSWER:
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
DATED:
By:
K. Em~j
Supreme Court I,D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Plaintiff
11
CERTIFICATE OF SERVICE
AND NOW, on this r~ 5- day of October, 2001, I, Mark K. Emery,
Esquire, hereby certify that I have served the foregoing Plainti~s First Set of Written
Interrogatories, by mailing a true and correct copy by United States certified mail,
addressed as follows:
Corestar
P.O. Box 1195
Minneapolis. MN 55440
FENSTERMACHER AND ASSOCIATES, P.C,
By:
r~ark K. E"mery
Exhibit E
BEVERLY HEALTH &
REHABILITATION SERVICES, INC.,
Plaintiff
V.
CORESTAR, a Division of
Coresource, Inc.
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5730 Civil Term
: CIVIL ACTION - LAW
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO:
Corestar
P.O. Box 1195
Minneapolis, MN 55440-1195
YOU ARE HEREBY REQUESTED, pursuant to Pa. R.C.P. 4009,
to produce the following documents and other physical objects for inspection and
copying, within no more than thirty (30) days after service hereof, at the offices of
Plaintiff's counsel, Fenstermacher and Associates, P.C., 5115 East Trindle Road,
Mechanicsburg, Pennsylvania 17050, or alternatively, by delivering copies of the same
to the Plaintiff's counsel at the aforesaid address. This Request for Production of
Documents is deemed continuing so as to require a supplemental answer if Defendant,
or Defendant's agents or representatives obtain other information between the time the
answers are served and the time of trial.
Documents for which a proper claim of privilege can be substantiated are
expressly excluded from this request, except that Plaintiff requests that Defendant
identifies all documents for which privilege is claimed, and specifies the exact grounds
upon which the claim for privilege is based.
DEFINITIONS AND DIRECTIVES
The following request to produce is governed by the following definitions
and directives:
1. "You" and "your" shall mean Corestar, a Division of Coresource, Inc.,
jointly or singularly, their agents and employees.
2. "Document" shall mean all forms of recorded data or information,
including writings of any kind, including the originals and all non-identical copies,
whether different from the originals by reason of any notation made on such copies or
otherwise (including, without limitation, correspondence memoranda, notes, work
sheets, diaries, statistics, letters, telegrams, telex, telefax, minutes, contracts, reports,
studies, checks, statements, receipts, returns, summaries, pamphlets, books); notations
of any sort of conversations, telephone calls, meetings or other communications;
bulletins or printed matter of any type, and all forms of drafts, notations, workings,
alterations, modifications, changes or amendments of any of the foregoing; graphical or
oral records or representations of any kind (including, without limitation, photographs,
films, charts, graphs, videotapes, recordings, and motion pictures); and electrical
records or representations of any kind (including, without limitation, tapes, cassettes,
disks and recordings).
3. "Pertain to" shall be interpreted to include relating to, referring to,
reflecting, regarding, constituting, concerning or having as its subject matter, in any
manner whatsoever, directly or indirectly, expressly or implied, the subject matter of the
specific request.
4. "Communication" includes, but is not limited to, all written or oral
discussions, statements, conversations, memoranda, notations, letters, notices or any
document.
5. If any request for documents is deemed to call for production of
privileged or work product materials and such privilege or work product is asserted,
identify in writing each document so withheld. If only a portion of a document is
privileged or work product, then redact and identify such portion thereof that is withheld.
With regard to all documents or all portions of documents withheld, provide the following
information:
(a) The reason for withholding the documents;
2
The statement for the basis of the claim of privilege, work
product or other ground of non-disclosure;
(c)
A brief description of the document,
including:
(i)
(ii)
(iv)
(v)
(vi)
the date of the document;
number of pages, attachments and
appendices;
the names of its author, authors or
preparers and an identification by
employment and title of each such
person;
the name of each person who was
sent, or shown blind copies or
carbon copies or has had access to
or custody of the document together
with an identification of each such
person;
the present custodian; and
the subject matter of the document
and in the case of any document
relating to or referring to a meeting
or conversation, identification of such
meeting or conversation.
6. All matters referred to herein refer to Plaintiff's services provided to
Edna L. Nell, Social Security No. 178-14-3027, dependent of John Porter, Social
Security No. 188-20-9005, Group Name/~ Lipton/20573-7, Patient Control No.
0028598205.
3
REQUEST TO PRODUCE
1. Your complete claims file, including any and all independent reviews,
internal memoranda or other documents regarding services provided by Plaintiff to Edna
Nell, dependent of John Porter Nell, Social Security No. 188-20-9005, Group Name/~
Lipton/20573-7, Patient Control # 0028598205.
2. Any and all claims manuals, educational materials, underwriting policies
and guidelines, or other written documents setting forth the procedure for handling
claims, existing from 2000 to the present.
3. The complete group health plan covering John Porter Nell and his
dependents.
4. Any and all documents, including manuals, texts, treatises or other
documentation in which you define or otherwise identify "skilled nursing care".
By:__
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Plaintiff
DATE: October 9, 2001
4
CERTIFICATE OF SERVICE
AND NOW, on this/ I ~'- day of October, 2001, I, Mark K. Emery,
Esquire, hereby certify that I have served the foregoing Plaintiff's First Request for
Production of Documents, by mailing a true and correct copy by United States certified
mail, addressed as follows:
Corestar
P.O. Box 1195
Minneapolis, MN 55440
FENSTERMACHERANDASSOCIATES, P.C.
K. Emery
5
CERTIFICATE OF SERVICE
I hereby certify that on November /4,2001, a tree and correct copy of defendant
Corestar, a Division of Coresource, Inc.'s Notice of Removal Prom the Court of Common Pleas
of Cumberland County to the United States District Court for the Middle District of Pennsylvania
has been served via regular mail upon:
Mark K. Emery, Esquire
Fenstermacher and Associates, P.C.
The Jonas Rupp House
5115 East Trindle Road
Mechanicsburg, PA 17050
Dated: November /~'g, 2001
Marianne Sottile L/