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HomeMy WebLinkAbout03-1148SHIPPENSBURG/ SOUTH HAMPTON MANOR, L.P. Plaintiff JOHN B. ABBOTT, individually, and as Attorney-in-Fact for Mary B. Abbott Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- //q~r CIVIL TERM CIVIL ACTION -LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SHIPPENSBURG/ SOUTH HAMPTON MANOR, L.P. Plaintiff Vo JOHN B. ABBOTT, individually, and as Attomey-in-Fact for Mary B. Abbott Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- CIVIL TERM CIVIL ACTION -LAW COMPLAINT NOW, comes Shippensburg/South Hampton Manor Limited Partnership ("Shippensburg Health"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within complaint and, in support thereof, sets forth the following: 1. Shippensburg/South Hampton Manor Limited Partnership ("Shippensburg Health") is a Maryland limited partnership duly authorized to conduct business in the Commonwealth of Pennsylvania. 2. Defendant, John B. Abbott, is an adult individual with an address of 847 Brian Drive, Enola, Cumberland County, Pennsylvania. 3. John B. Abbott was the Attorney-in-Fact for Mary B. Abbott, deceased. 4. Shippensburg Health operates a resident skilled nursing facility located at 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania (the "facility"). 5. On or about August 26, 1999, John B. Abbott sought to have Mary Abbot admitted to the Shippensburg Health skilled nursing facility. 6. On or about August 26, 1999, John B. Abbott executed Admission Documents on behalf of Mary B. Abbott. True and correct copies of the Admission Documents are attached hereto as Exhibit "A" and are incorporated. 7. Pursuant to the Admission Documents, John B. Abbott knew and understood that Mary B. Abbott would be responsible to pay any costs of care which were not covered by policies of insurance or medical assistance. 8. On or about August 26, 1999, Mary B. Abbott became a resident of the facility and she remained a resident of the facility until the time of her death on December 12, 2001. 9. The Cumberland County Assistance Office determined that Mary B. Abbott was eligible for medical assistance with an effective date of March 15, 2001. The Cumberland County Assistance Office calculated a private pay portion to be paid from Mary B. Abbott's monthly income to Shippensburg Health for the costs of her care not covered by medical assistance. 10. The private pay portion calculated by the Cumberland County Assistance Office was set at $795.98 per month. A copy of this determination is attached hereto as Exhibit "B" and is incorporated. The CAO found that Mary B. Abbott was receiving $994.00 in monthly social security. 11. Upon information and belief, John Abbot was receiving the social security benefits of Mary B. Abbott during the period of time that Mary B. Abbott was a resident of the facility. 12. As of the time of her death, Mary B. Abbott owed Shippensburg Health the sum of $5,491.06, consisting principally of the non-payment of the private pay portion. A true and correct copy of the statement reflecting the balance owed is attached hereto as Exhibit "C" and is incorporated. 13. Demand has been made upon John B. Abbott to tender the amount due and owing to Shippensburg Health from the income of Mary B. Abbott. 2 14. Upon information and belief, John B. Abbott has applied the sums received on account of Mary B. Abbott for his personal use. COUNT I-BREACH OF CONTRACT SI-IIPPENSBURG HEALTH v. JOItN B. ABBOTT 15. Plaintiff incorporates by reference paragraphs one through fourteen as though set forth at length. 16. John B. Abbott, as the Attorney-in-Fact for Mary Abbot, was obligated to use the assets and income of Mary B. Abbott to satisfy the debt due and owing to Shippensburg Health for services and care provided to Mary B. Abbott by Shippensburg Health. 17. John B. Abbott, without justification, failed and refused to pay the amount due. 18. John B. Abbott breached the Admission Documents by failing and refusing to pay for the services rendered from the assets and income of Mary B. Abbott. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant for the sum of $5,491.06, together with costs, interest and expenses. COUNT II-MONEY HAD AND RECEIVED SHIPPENSBURG HEALTH v. JOHN B. ABBOTT 19. Plaintiff incorporates by reference paragraphs one through eighteen as though set forth at length. 20. During thc period of Mary B. Abbott's residency at thc facility, John B. Abbott received thc sum of at least $8,946.00 from thc social security and retirement benefits of Mary B. Abbott. 3 21. The proper use of these funds would have been to pay the costs of care accruing for the care of Mary B. Abbott at Shippensburg Health in accordance with the private pay determination made by the Cumberland County Assistance Office. 22. At the time of receipt of these funds, John B. Abbott knew that he was obligated to pay these funds over to Shippensburg Health for the costs of Mary B. Abbott's care at the facility. 23. John B. Abbott gave no consideration for the funds of Mary B. Abbott received by John B. Abbott. 24. Demand has been made upon John B. Abbott to tender the funds of Mary B. Abbott to Shippensburg Health and he has failed and refused to do so. WHEREFORE, Plaintiff requests that judgment in its favor and against John Abbot requiting him to: a) return the subject matter in specie; b) pay over the value if John B. Abbott has consumed the money in beneficial use; c) pay its value if John B. Abbott has disposed of the funds received; and d) award costs, expenses and interest. COUNT III-CONVERSION SHIPPENSBURG HEALTH v. JOHN B. ABBOTT 25. Plaintiff incorporates by reference paragraphs one through twenty-four as though set forth at length. 4 26. At the time John B. Abbott received funds of Mary B. Abbott, he was aware that he had a legal obligation to dispose of those funds to or for the benefit of Mary B. Abbott under and pursuant to his authority as Attorney-in-Fact for Mary B. Abbott. 27. Knowing he had the aforesaid obligation, John B. Abbott appropriated funds of Mary B. Abbott for his own benefit and use. 28. John B. Abbott has refused to pay to Shippensburg Health the debt accruing from the non-payment of the private pay portion from the income of Mary B. Abbott. 29. John B. Abbott has intentionally and substantially interfered with Shippensburg Health's right to receive the funds of Mary B. Abbott which were to be paid to Shippensburg Health as the private pay portion of the costs of Mary B. Abbott's care. WHEREFORE, Plaintiff requests judgment in its favor and against John B. Abbott for the sum of $5,491.06, costs, expenses, interest and punitive damages. Respectfully submitted, David A. Boric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/shcc/abbott/complaint.pid 03/05/2003 11:01 7172495755 OBS LAW OFFICE PAGE 02 Elgm CA oN_ Th~ ~a~a~ts in the foregoing Compl~t ~ ~ u~n info~ation which h~ been ~bl~ ~ my ~ ~ ~s li~g~on. ~e l~ge of~e statemen~ is not my own. I ~w ~ ~ ~t~; ~d to ~e emit ~t ~¢y ~ b~d u~n info~ation which I have given ~ my ~1, ~ ~ ~ ~d ~t to ~e ~m of my ~owledge, info~ation ~d ~lieE I ~ ~ f~ ~eme~ helm ~ rome subje~ to the penalties of 18 Pa.C.S. ~ 4~ mla~ m ~m ~sifi~fio~ to au~ofities. Larry Cottlc, Administrator -- FEB. 27 ' 03 {TF&') !~:28 SHI.PPENSBURG }IEAI,T/:I CARE CENTER BEAUTY/BARBER SHOP PRICE LIST Beauty/Barber Shop Sen4ce,; Permanent $35.00 Haircuts and B',owd~. $10.25 Hair Sets $ ~25 Cut Only S 8.25 M~ni~re $ D.50 Coloe 53C.00 ' Resident ~ ....... Ro°m Number The above named resident or his&er representative has consenled to the foUowing marked se~ices: __ Hair Cuts and BlcwDry Hair Sets Cut Only How O~en: Is the resident allergic to Ammonia? Yes Is the resident combative/confusc,_.._._~d? ~__ Yes Please _.____._~ Responsible Party NaJ~lC Address CitylStatclZip Code {,.~No No ~ R,esident'$ Trust Account /l~.sident/R% OhS , * , -'p ible Par,y Signatu:e EXHIBIT "A" F~B. 27 ' 03 ~TI-:U; '.3:29 _CQNSENT ,~CIxq%~OV,'i.,ED G~_~f ENT FO.R~,! $hipp.-afou~ealth C~.re C~nter sta~ r~sidents, f~;ty members or other outside organizations visiting our factl~.y. I here~y~/~o not consent to having SNppensburg Hefl:h ata~'er vok:oteers open my mail, in m.y presence, ar.d read my m~l to me. I hereby~ do no~ ecnsent that SNppeasburg Health Car~ Cer. ter may release any~! pa~s oYmy medical records to hospit~s, kome hefl~h :are agencies or ~y other medical sets'ice Frovider For the ~or~ose oFensuring cont~nu'ity oFc~e. .~_. I ,.her,:by~ do not c~ons.-.t~l: to have the. facility physloi~ and whomever We're'ay designate as his a~istemt or on-c~l phy,i¢ian to a:.: as my physician. These duties may' ifl¢lude, but are not/imited to, prescribh:$ medications, tre,'~tment.% lab Froccdur.~s, ;,:-rays, medical procedures or ~cfctrats to other pEysi¢ian~. ---~..L.... I have been inlbrmed o£care pI~ms/£amily ¢ounse! rceetin$$. Residen.t l'~m~ t,.r--2{r._,v.3.. . Date Da'.e consnt, doc 9/95 dc FEB 27 ' O~ (THU,~ 1~:29 ?AGE.!8 ~nformation Release And Payment Authorization Authorization [o 41ease Information and Receive Direct Paymeft of Medicare Benefits: __~ I certify that the information given by me in app!ying for payment under Title XVIII of the Social Security Act is correct. I authorize any holder of medical or other information about me to release to the Social Security Administration or its intermediaries or carriers any information needed for payment cf Medicare claims. I request that paymem cf au:ho:ized benefits be made in my beha!f to Name of NurSifg Facility I assicjn payment for the unpaid charges for.services furnished by specialists, or by physicians fcr whom the facility is authorized to biil. I understand that I am ~respo, nsJble for any health insurance deductibles and coinsurance. I~te / ' .... t~e~t/perSon %¢fin-~ c,n b~h~if c~' the S<i'rief~ciary _A__utho_rizftfon to Release Information and Receive Direct Payment of Medical Insurance Benefits: - -: ...... I hereby autr'~rize and give permi,~sion_ tc ame of Nursing Facil!tv t'o release bflling and medical information to inci~de the d~agncsis and reason for treatment. I, also, ,hereby authorize and give permissicn to the above named Nursing Facility to re~ease a transcript of my medical records to my insurance carrier upon their request for the purpose of delermining benefits payable un(~er the con:ract. ~,~J-dent/15erson ac[ing on behalf of the Benef!ciary I hereby augUries.any and 9fi benef~ts,~o fQ¢ude professional sen/cos sa~a policy to: .,%~ / ~ of Ruining Faciii~ August 25, 1995 Section 2.1 3 FEB 27 ' 0~ (THU) !.~:.~0 PAOE.!9 To V~! ~¢ M¢~.2~¢ CI, ~i~ Numt~ C¢~c~: $OCDM, 5:CUI~TY QFF~CE Pm A: ¥~ ~ No ..... ?~u~ B: Yes ~ No F,._,SCTI',Y. ~s ic ~c=-s ,¢ ~ocL~l ~¢c~.dg~. tW'F-.~Y lMFOlt. TA.h"'l'~!!) cow of r...hc Mcd~c~'-c C~ ash ~ u~4d, ~s covcr:gc vcrt.L':ic~doa, ! ' ' F3¢{{|~ Employcc V~-'-~-~3g l-~l'or'~adou: ..... BE SU~, TO ~,i,,V~ COPEES OF ALL I:NSt~,~NC'~ CARDS ON BOTH S~ES. FEB 27 PACK. 2C SHIPPENSBURG HEALTH CARE CENTER _.A_ D~. ISSION ,A,,ND TRANSFER POLICY Shippensburg Hea(th Care Center, in an ello,-t to provide h;lensive nursing care Cur':ng pedods c,f ' Increased need, mainla;ns a sk;lled Medicare unit wit.'~ ~b(~vo avcrago s'.affing. It shall be the goal ot't~s u.~it to ~rovide intensive nursing and rehabilitative services for those residents whc require them. A resident may be lransferred or admitted lo this trail >,'lla,'t his/her nursing needs require this lave! of care. This vd:Il be done a~er consultalion with the residenl the res[de~t's physician, artd the resident's P'-presentalive or guardian, ' Thc nursing home will seek t9 transt'er a resident hem this unit lo another more suitable ut, i: when his/her nursing needs ~'all below the Medicare cdteda. Any Iran$l'er from t"~e unit will be done in consullatior~ with the residenl, the resi~n,.'s physician, and Ihe resident's representative or guardian. _L_EA~.E.S. OF ABSENCE FOR MEDICARE BENEFICIAR1E;,! The following guidelines apply' to leaves of absence for Medicare Part A berle~ciades · 1. A leave of absence should be no lor~ger than three (3) hours. 2. Leaves of ab.~ence should ncr be frequent or o~) a regular basis. 3. A doctor's order will r~eed to be o~ains~J pdorto ~,ny leave of'absence. 4. The family member should contact eitl3er the Medicare Coordina{or or th~ Charge Nurse a! Reside~'s Name Date Trans ad.doc, word SItlPPENSBURG IIEALTH CARE CE~'WI'ER I21 Walnut Bottom Road Shippensburg, PA 17257 Phone: (717) 530-8300 Fax: (717) 530-8304 AUTH'ORIZATION TO RECEIVE SERVICES ANi)IOR SUPPLIES AND TO RI:LEASE [NFORI~-L-~.TION REGARDING BENEFITS HIC Number: Date: I hereby authorize SLfippensburg Heattl~ Care Center to have the ficilky physician v. nd whomever he may designate ns his assistnnt or on- call physician to act as my physician. These duties may include, bt/t are not limited to, prescribing medications, treatments, rehabilitation therapies, lab procedures, x-rays, medical procedures, and/or referrals to other physicians. I certify the fifformation given by me in applying for payment m~der Title XVIII of :he Social Security Act is correct. I authorize any holder of medical or other in. formation about ]ne to release to the Heal:h Care FJna.~:cing Administration and its agents any in£ormation needed to determine benefits for related ser~4ee~ ~d/or durable medical supplies. ! request that pa,,meat of authorized Medicare benefits be made on my behalf to Slfippensburg Health Care Center :For any services and/or durable medical ~tpplies furnished mc by or in Shippensburg Health Care Center. I hereby authorize and give .... perrmss~on to Shlppcnsburg Health Care Center to release to my ins'urance carrier or its agents any medical htf'ormatioa needed to determine benefits payable for related services and/or durable medi:al SUpl~lies fi:mished me by or in Shi?j)ea.sburg .Health Care Center. I understand th~.t [ am res"poasible for any health insurance deductibles a~d ceinsural:ce not paid by Medicare, my insur~ce carrier, or a.ay state Medical Assi~anee Program. ~'~at'u-re ~£ Benefi~:iary o; ~htho.,'ized Representative YK~. 27 ' 03 (THU) 13:32 ?AGE. 2 2 MEDICARE SCREEN FOR SECONDARY PAYOR may b~ situations wbcrc m~xc thin o'a¢ las'ut~' is primary to Mcd.[~rc, c.g., .~ut~obll¢ i~r,a-c' at:d 'Pm ~ Il; I. ,Part ,Ill: I. W~ il~e:s,~laju~ duc to a work related ~d~V~id~ ~ c~ ~ a Work.s' C~d~ ~'C) p~ or thc F~aI B~ck L~g N~c ~t a~ of we pha ~ F~ Black L~g Pr~ STOP: WC O~ ~DE~L BLAC< L~'G P~~ IS P~,~Y PAYO~ No , ; GO TOPART duc to aou-w~k r~a;~ a~ld~t? Auto~obU~ N~c ~d ad&~ ofa~c ~ STOP; A~FO D{S~R I5 P~YPAYOR. O/bet .... i STOP: L~I~ ~S~R IS P~Y PAYOr. No ,; GO TO P~T ~ ~c padmt ag~ 65 ~ ova? ,. No ..... ~ ' IGOTOP~T IV . i.q thc patient cmplo>td and cowred ky a~ Employcr's Crrc~ H~zlth Pla.u (EGH?)? Yes { Name aad addx~,.s oIEGHI' _ Patient's lde~tiflcaflm N~abcr STOP; EGI-I~ IS PRi?¥L~Y PAYOR No ..... ; FE$. 27 ' 0~ (THU) :~:32 03/2~/97 14'. 13 P.~rt V: ¥'¢s No .i STOP: I'ffF~ICARE I$ PRLMARy PAYOR Is ~he pafl¢-m c~'zcrcd cndcr thc group healbh plan ot'*.h¢ $pox.~'$ c'mplo)xzr? · - Yes Name zad ad~cis of EGI-iP Padmt'$ Id=:t/fcatkm Nu. mt:~'r S'TOP: EGI~ iS PRFM. ARY PAYOR- NO ,; STOP~ 1VI~DICA. RE [$ PRIMARY PAYOR Y~ No ~~ GO TO P~T V. N~d a~ o~EG~ Pad~t's~tia~m No~ ; STOP: ~-P[C~ I~ P~L~Y PAYOR Y-- ~,', ' STOP: 5~DICA~ ~ P~L~Y PAYOR Is thc p~t Yes ~; ~P: E~ IS P~y PAYO~ STOP: ~G~ I$ P~Y PAYO~ FEB 27 ' 03 (THU) 13:33 BURIAL PLANS FOR USE AT TI~:E OF DEATH THE FOLLO\VlNG B UR-]AL AP, RANGEMENTS l-iAVb2 BEEN MADE ~ FUNERd%L ROk[E ~ESIRED · _ Y~.S / NO , SIQNATL~E. DO YOU HA ~ A L~E ~'S~CE ~LICY YOU INTEND TO USE FOR THIS NA~ OF ~LICY '"'~ %VH~K~ ~LD7 ' IN WHOSE NA.ME I$ Ti4.1~ POLICY? DO YOU HAVE k FU~ FOR THE PL~SE OF · NO I HERESY ACKNO%~,~EDC, E THAT Ti"~ ABOVE FUNr~.KAL ARRAGE,'v~NTS WILL BE MANAGED BY MYSI~LF. l ASSUM]~ FI'NANCIAL LIABIL[?¥ FOR SUCH PLANS. ( If your f~nily member's care is paid for throt,~ Medical A.~ismnce, yeu may do~ignat:, up to $6200.00 a~ a burial fund. If you ~,~i~h to x~t t,p such an ~.ccoum, ple,'ue notify t;'~e Fu,lera~ .~o:~e of your choice or the Social Service De~t.) but'pln.doc 9/95 CUMBERLAND CAO j 33, WESTMINSTER DRIVE P.O. BOX 599 CARLZSLE PA 17013-0599 MARY SHZPPENSBUR6 HE^LTH CARE 121 WALNUT BOTTOM ROAD SHZ~PENSBURG PA ADVANCE NOTICE REDUCE Notice ID: 4288~Q~ 1 2~ 00B'736 ~ PA4 0 I IWORKER: L RI[ WORKER ID: TELEPHONE: (717) 240- 270C DATE: 02/27/2001 NOT: 330 OPT: 1 TYPE',. PAGE '* CF 1 - Monthly I~¢m Computation: Gross Zn¢ome $ 994,38 SSA / Ra / BL Zn¢o~e $ ~4.00 Pereonal Care Allo~.-$ 30 O0 VA Benefits $ 0.00 Spouge/~epend. All~.-$ o.o0 Civil Sar / Private Pe~slorl $ O.O0 Home Melmt. Allow. -$ 0.00 Intermit / Other [n¢o~e $ 0.38 YOUR MONTHLY PAYMENT $ 964.38 your monthly pmyme.~: Medicare $ a5.O0 L~ ~[ Other }1radical Insurance premium $ O.'O0~. t~[ ......... PrI',4CH PEFIE Notice ID; PEAL: 03/12/2001 TELEPHONE: (717~ 240-2?00 DATE: 0~/~?/=00~ ~OT: 33~ OPT: I TYPE~ ~ 02135A EXHIBIT "B" SHIPPENSBURG HEALTH CARE CENTER 121 Walnut Bottom Rd. Shippensburg, Pa 17257 For:Mary Abbott % John Abbott 847 Brian Drive Enola, PA 17025 717.53B-8300 Date 1 81110t 6/.uol Description Resource Amount Due Resource Amount Due Resource Amount Due Resource Amount Due Resource Amount Cue Resource Amount Due Resource Amount Due Amount Paid 795.98 795.98 795.98 795,98 795.98 795.98 715.18 Total Due $ 5,491.06 EXHIBIT "~' SHERIFF'S RETURN - REGULAR CASE NO: 2003-01148 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIPPENBURG-SOUTH HAMPTON MAN VS ABBOTT JOHN B ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ABBOTT JOHN B the DEFENDANT , at 1930:00 HOURS, on the 19th day of March at 847 BRIAN DRIVE ENOLA, PA 17025 WAYNE ASPER, ROOMMATE a true and attested copy of COMPLAINT & NOTICE , 2003 by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 10 35 00 10 00 00 38 35 Sworn and Subscribed to before me this ~ ~ day of ~ o7~n% A.D. ~othonotary ~ So Answers: R. Thomas Kline o3/2o/2oo3 OBRIEN BAR IC S C~~ By: ~ SHERIFF'S RETURN - REGULAR CASE NO: 2003-01148 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIPPENBURG-SOUTH HAMPTON MAN VS ABBOTT JOHN B ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ABBOTT JOHN B AS ATTORNEY IN FACT FOR MARY B ABBOTT the DEFENDANT , at 1930:00 HOURS, on the 19th day of March at 847 BRIAN DRIVE ENOLA, PA 17025 WAYNE ASPER, ROOMMATE a true and attested copy of COMPLAINT & NOTICE , 2003 by handing to ADULT IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this /o- day of ~k~ 2~o3 A.D. / ~rothonotary' ' ~ So Answers: R. Thomas Kline ~'' 03/20/2003 OBRIEN BARIC ~~ By: ~ SHIPPENSBURG/ SOUTH HAMPTON MANOR, L.P. Plaintiff JOHN B. ABBOTT, individually, and as Attorney-in-Fact for Mary B. Abbott Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-1148 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO DISCONTINUE TO THEPROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued with prejudice. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/shcc/abbott/discontinue.pra CERTIFICATE OF SERVICE I hereby certify that on May ~7 , 2003, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John B. Abbott 847 Brian Drive /'3 Enola, Pennsylvania 17025 David A. Baric, Esquire