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Home My WebLink About04-1798 HCR MANORCARE, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004- (1 q 0 CIVIL TERM GARYD. RUSH, CIVIL ACTION-LAW Defendant 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 HCR MANORCARE, INC., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2004- 11q<;; CIVIL TERM GARY D. RUSH, CIVIL ACTION-LAW Defendant COMPLAINT NOW, comes Plaintiff, HCR ManorCare, Inc. ("ManorCare"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff is HCR ManorCare, Inc., an Ohio corporation duly authorized to conduct business in the Commonwealth of Pennsylvania. 2. Defendant, Gary D. Rush ("Rush"), is an adult individual with a residence address of97 Pleasant View Terrace, New Cumberland, York County, Pennsylvania. 3. ManorCare previously filed a civil action against Rush in the Court of Common Pleas of Cumberland County docketed to No. 02-2592 (the "prior action"). The complaint filed in the prior action is incorporated herein by reference thereto as though set forth at length. 4. The prior action was settled by the parties and a Settlement Agreement and Release was entered into to effectuate that settlement. A true and correct copy of the Settlement Agreement is attached hereto as Exhibit "A" and is incorporated by reference. 5. Rush made several payments pursuant to the Settlement Agreement. A Statement of Account is attached hereto as Exhibit "B" and is incorporated by reference, 6, At the present time, an outstanding balance of $11 ,810.00 exists under the Settlement Agreement. 7. A notice of default was provided by counsel for ManorCare to the attorney for Rush. A true and correct copy of the notice of default is attached hereto as Exhibit "c" and is incorporated by reference. 8. No response has been received and no payment has been made since the delivery of the notice of default. 9. The Settlement Agreement provides, in relevant part, as follows: Should Gary D. Rush default in his payments under this Agreement, ManorCare shall give notice of the default to Andrew Eisemann, Esquire, attorney for Gary D. Rush, and if the default is not cured within seven (7) days from the date of the notice, Gary D. Rush shall be responsible to pay all costs and expenses, including reasonable attorney fees incurred by ManorCare to seek collection of the amount due and owing. COUNT I BREACH OF SETTLEMENT AGREEMENT HCR MANORCARE, INC. v. GARY D. RUSH 10. Plaintiff incorporates by reference paragraphs one through nine as though set forth at length. II. Demand has been made upon Rush to pay the amounts due and owing under the Settlement Agreement. 12. Without justification therefore, Rush has failed and refused to pay the amount due and owing. 13. Rush has breached the terms of the Settlement Agreement. WHEREFORE, Plaintiff demands the sum of $11 ,81 0.00 plus costs and expenses, interest and reasonable attorney fees all in an amount requiring compulsory arbitration. Respectfully submitted, , RJEN, BARJ~~ David A. Baric, Esquire !.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dirlshcc/rush/garyrush. pld VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsifications to authorities. DATE: l.\\\q\OL\ tjmJ~~mtiY~I~IVi Business Office Manager MAR 23 2004 11:33 FR MANOR CARE-CARLISLE 717 249 0647 TO 2495755 P.04/06 SETTLEMENT AGREEMENT AND RELEASE TIDS AGREEMENT, entered into this ~~'h- day of Se~~""be(' 2002, by and between Gary D. Rush and HCR ManorCare, Inc" an Ohio corporation, with a principal place of business at 940 Walnut Bottom Road, Carlisle, Pennsylvania 17013. ManorCare operates a skilled nursing facility located at 940 Walnut Bottom Road, Carlisle, Pennsylvania (the "Facility"), Bonnie 1. Rush is a resident of the Facility, entering the Facility on or about January II, 2001. Upon her admission, Gary D. Rush executed a certain Admission Agreement On behalf of Bonnie 1. Rush as her attorney-in-fact. ManorCare has initiated an action against GaIy D. Rush and Bonnie J. Rush docketed to No. 02-2592 in the Court of Common Pleas of Cumberland County ("Action") seeking recovery of the sum of Twenty-one Thousand Three Hundred Ninety-four and 30/100 ($21,394.30) Dollars . The parties desire to resolve the claim of ManorCare. NOW, THEREFORE, for good and valuable consideration and the covenants set forth herein, the parties agree as follows: 1. Gary D. Rush shall cause to be paid to ManorCare the sum of Sixteen Thousand Five Hundred and no/I 00 ($16,500.00) Dollars as follows: a) One Thousand Five Hundred and no/I 00 ($1,500.00) Dollars within fifteen (IS) days of the execution of this Settlement Agreement and Release; b) beginning with the month following execution of the above payment, the sum of Two Hundred Fifty and no/I 00 ($250.00) Dollars per month by the tenth day of each EJ(IiIBI7 n An MAR 23 2004 11:34 FR MANOR CARE-CARLIsLE 717 249 0647 TO 2495755 P.05/06 month for a period of sixty (60) months. 2. Provided that Gary D. Rush perfonns all of the covenants and agreements set forth above within the time required, ManorCare will and does hereby release, discharge and forever discharges for itself, its successors and assigns, the said Gary D. Rush and Bonnie 1. Rush, (the "Released Parties'') their respective heirs, successors and assigns, from all manner of claims, demands, damages, costs, losses, expense, attorney fees, claims for contribution or indemnity, contract claims, actions and causes of action in law or equity of every nature and kind arising out of any matter, event, occurrence, cause of action or thing from the beginning of the world to the date of this Release and the said Released Parties do hereby release ManorCare, its successors and assigns of and from all manner of claims, demands, damages, costs, loss of service, expenses, attorneys fees, claims for contribution Or indemnity, contract claims, actions and causes of action in law or equity of every nature and kind arising out of any matter, event, occlllTence, cause or thing from the beginning of the world to the date of this Release. This Release does not, however, extend to future obligations of Bonnie J. Rush to pay for the costs of her care arising after the execution of this Settlement Agreement and Release. It is understood and agreed by the partics that this Agreement and Release is executed in settlement and compromise of disputed claims between the parties, and that the consideration paid or accepted hereunder is not to be construed as an admission of liability by any party. ManorCare shall have the action Discontinued Without Prejudice upon the execution of this Settlement Agreement and Release. Should Gary D. Rush default in his payments under this Agreement, ManorCare shall give notice of the default to Andrew Eisemann, Esquire, attorney for Gary D. Rush, and if the default is not cured within seven (7) days from the date of notice, Gary D. Rush shall be responsible to MRR 23 2004 11:34 FR MRNOR CRRE-CRRLISLE 717 249 0647 TO 2495755 P.06/06 pay all costs and expenses, including reasonable attorney fees incurred by ManorCare to seek collection on the amount remaining due and owing. This Agreement may be executed in multiple counterparts having the same effect as though all signatures appeared on the same original. The parties hereto have, on the date set forth hereinabove, executed this Agreement by signing below. WITNESS: ._-~ gJQ/~;P.!d- By: ~6' ~1k Title:~.5S oFhce rY\1n.~ DABlManorCascslRusb/ Agreement.rel ** TOTRL PRGE.06 ** MAR 23 2004 11:33 FR MANOR CARE-CARLISLE 717 249 0647 TO 2495755 HCR*ManorCare MANORCARE CARLISLE 372 940 WALNUT BOTTOM ROAD CARLISLE, PA 17013 (717)-249-0085 RUSH, BONNIE !QA"l'~~OF:. . .: j~.r-;C~IP"~,~'iN.or SS:'~V'~:~~.: I . i .' ~~C~....:......-J .1:.. .~ ..2~\.".2 =:: _':".\;~ -C~.".t..;,<""" 1 0/312002 1 0/1 0/2002 1116/2002 12/5/2002 1/8/2003 1/30/2003 3/5/2003 4/212003 4130/2003 '3/4/2003 7/1612003 9/1012003 12/1712003 12129/2003 12/1712003 12/17/2003 1/20/2003 2/4/2004 2/27/2004 2/4/2004 2/4/2004 2127/2004 212712004 PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PA YMENr RECEIVED. THANK YOU PAYMENT RECEIVED. rHANK YOU PAYMENT RECEIVED.. rHANK YOU PAYMENT RECEIVED. THANK YOU PAYMENT RECEIVED.. THANK YOU PAYMENT RECEIVED -!HANK YOU PAYMENT RECEIVED - THANK YOU CHECK RETURNED FOR INSUFFICIENT FUNDS BANK FEE FOR RETURNED CHECK PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - rHANK YOU PAYMENT RECEIVED - THANK YOU CHECK RETURNED FOR INSUFFICIENT FUNDS BANK FEE FOR RETURNED CHECK CHECK RETURNED FOR INSUFFICIENT FUNDS BANK FEE FOR RETURNED CHECK Payment Due Upon Receipt E.XIilBI7 . BN PRIVATE STATEMENT ROOM 1009 01/12/01 : 'Cr'A~ES : : I - " " . . '.',':. ,.': "I'" c...... :"''', ... ",,' ...,..... J" P.02/06 3/2312004 ,..nc:.;..,..'4......=........,.., '\j.i~Y'....:~. :. ~ I ".', ,p' I .........n .. ,I $250,00 $30.00 $250,00 $30.00 $250.00 $30.00 Amount Due -$250,00 -$1,500,00 -$250,00 -$250,00 -$250.00 -$250.00 -$250.00 -$250.00 .$250.00 -$250.00 -$250.00 -$250.00 -$250.00 -$250.00 -$280.00 -$250.00 -$250.00 {~ .... $11,81'd,oo Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013-3432 Robert L. O'Brien David A, Baric Michael A, Scherer (7 17) 249-6873 Fax (7/7) 249-5?55 direct: dbaric@obslaw.com March 24, 2004 Andrew R. Eisenmann, Esquire Law Offices of Markian R. Slobodian 801 North Second Street Harrisburg, Pennsylvania 17102 RE: HeR ManorCare, Inc. v. Bonnie J. Rush and Gary D. Rush Dear Mr. Eisenmann: In accordance with the terms of the Settlement Agreement and Release dated September 25,2002, please be advised that Mr. Rush is in default under the terms of the agreement. The last two checks forwarded by Mr. Rush have been returned for insufficient funds. A prior check also failed to clear. The current account balance is $11 ,81 0.00. Please contact me if you would care to discuss this matter in more detail. Very truly yours, O'B~,BA Z/rR David A. Baric, Esquire DAB/jl Enc. cc~tzler w/o Enc. ~ dab.dir/manorca re/rush/eisemann6. Itr E.XfllBI7 H C' ,~ " '-r V\ g ..... ~ = = ~ .r- ~::n ,~ ~ ~ftj ~ :;:0 ~~ -:;rr~ ,..., ct' J, Ji;: (lJ .. W %~ "- ~- -, ....~J -0 '-""1 ...c... ~() :x ~'J; -1'0 5~ ~: ';;! c:> ":0 =< oJ'> ~~~ c::> ~ G" 01, - > V\ , 0 ....,.-, c:- SHERIFF'S RETURN - OUT OF COUNTY CASE NO; 2004-01798 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HCR MANORCARE INC VS RUSH GARY D 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; RUSH GARY D but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On June 15th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County ./: 18.00 9.00 10.00 48.50 .00 85.50 06/15/2004 OBRIEN BARIC So ans,w,~rs,' , _,.' _,~" >-7/'- ~-" / . . ~ "/" R. Thomas Kline' ~ Sheriff of Cumb~land County SCHERER Sworn and subscribed to before me this ..l1AA-' day of 9~ d-lIV'1 A. D. (I O~ ~ Prothonotary , ~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771.9601 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN '.".'.,.....~j;I~..[..\'tllll\\\\\W.l\\,\\\\,.\'...'".'," ":.":.<' :"":""L...<,\i:",,,.~....,,TI..*, ,'\1, L.. ... . .tt\.\\:\;;:'.<".."..pj.,,,.p...... 'PLEASE TYPE OM. Y LI\IE 1 THRU 12 DO NOT DETACH ANY ~ES 1 PLAINTIFF/51 2. C.9VRT NUMBER ~4-1798 civil - 4. TYPE OF VVRIT OR COMPLAINT HCR Manorcare lnc 3 DEFENDANT/51 Gary D. Rush Notice and Canplaint SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD ...... Gary D. Rush ...".. 6. ADDRESS (STREET OR RFO ,^"TH BOX NUMBER. APT NO. CITY, BORD, TWP. STATE AND ZIP CODE) AT 97 Pleasant View Te=ace New Cumberland, PA 17070 7 INDICATE SERVICE' o PERSONAL QPERSQNINCHARGE KOEPUTIZE UCERT,MA~ o 1ST CLASS MAil UPOSTEO WOTHER NOW April 27 , 20~ I, SHERIFF%F~'COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute ~)l-9~ake return t e ccording to law, This deputization being made at the request and risk of the plaintiff, r ~............_...... ,.. ~', ... SHERIF.OF, ~:'f"""'" 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEOITING SERVICE Clmberland OUt of CoUfiE}' ADVANCE FEE PD BY CUMBERI.J\ND crY SHERIFF I S DEPT. NOTE: ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within Writ may leave same wilhout a walchman, in custody of whomever is found in possession. after notifying person of levy or attachment, wilhout liability on the part or such deputy or the sheriff to any plaintiff herein for any 1osI, destruction. or removal of any property before sheriff's sale thereof . 9. TYPE NAME and ADDRESS ofATTQRNEY f ORIGINATOR and SIGNATURE I 10. TELEPHONE NUMBER DAVID A. RARle 19 WF.ST SOUTH ST. rART,TST,F. PA 17013 717-249-6873 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BElOW (ThiS area must be completed if notice is to be mailed). \'1. DATE FILED 64-7.3-'-004 C\il'lFlT)ll,.J"'ND.,.,...\B~~mi\~_...._..IliIi-II..,...OO\.".l' .. ., i__.......l.lIII'y 13. I acknowledge receipt of the writ . 14. DATE RECEIVeO 115. Expiration/Hearing Date orcompla.....indialledobove, RONDA M. AHRENS I SAT 04-7R-7004 n\:; - 7'1 - 7004 16, HOW SERVEO. PERSONAL (v( RESIDENCE (\I( POSTEO ( POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17 a I hefeby certify, nd return a NOT FOUND because I am unable ["Ie the Individual, company. etc named above (See remarks below I 18 NAMEAND T I OIV~- SE~~DORESSH IFNOTS~A etati shIp to Defendanl) 119 DateofSe~rl20 Jyn:OfServlCe- ~ . '](N~ 5-/>,07 y.'9JIJ( 21 ATTEMPTS To \3; Inl 00" ,me [3('1 In' 100lef'meIM'.i 00 IT..O 1M'. I In' rOle IT,me IM'.I In' 100.0 IT,me IM'O'! In' 22, REMARKS. d' tJ {/ J\ o &/{..Di 23~Ad.;~~~" I 2jrw'bl 25 N~ ~f.'~I27 PO'leOOI4:~5Q ~.(jJ 131 SU'C09 13ltf.5~333:b~~~79;8 3ot. Foreign County Costa 135 Advance Costs 136 ServICe Cosls 137 Notary Ce 38 MileageIPostagefNot net 139. Tolal Costs 140. Costs Due or Refund 41,AfFIRMEOOnd"bscribod'Obeforomothi~,_", 1 44, Signa root '1/ JfJNS-;"'S/.,( _/ >.., 45~/ _""I 42 day'" ,<' .2c0i/Q""RIM S"'A1 ~ Cop, ift ~ "" OJ ...l>~/' V7 MEUSSAJ, SHAF;cE,..p~ f'OMB 46. Signa reolYort 47 DATE City of Y:JrK, , Yor r.; Coun County "ft MYCQmrT'1iss:O:-(E:;...:~)ir~s1.l\priI20,2006 HILLIA ' nOSE 6-1-0L~ ~d~ J \. ~ '//:..A 48C~~::'S~~oroign 49,OATE 50 CKNOVVLEDGERECEIPTOFn-tESH ~~NSIGNATURE 151.DATERECEIVED OF AUTHORIZEO ISSUING AUTHORITY 0 TITLE ,"""-....,- . ; -"""""tE - IMUing Authorily 2. PINK - Attorney 3. CANARY - Sherirrs Office .c. BLUE - Sherift"s Office ~HALL,DENNEHEY,WARNE~ COLEMAN & GOGGIN BY : DAVID F. WHITE, ESQ. ADAM M. SORCE, ESQUIRE DEFENDANTS IDENTIFICATION NO. 55738/88711 620 West Germantown Pike, Suite 350 Plymouth Meeting, PA 19462 (610) 941-7900 (610) 941-8133 (FAX) dfwhite~mdwc2.com ATTORNEYS FOR OF'W Engineered Systems and Rkhards Industries Valve Group VICKIE D. BORGOLINI and HIRAM BORGOLINI, h/w COURT OF COMMON PLEAS CUMBERLAND COUNTY v. SHEETZ, INC. OPW ENGINEERED SYSTEMS RICHARDS INDUSTRIES VALVE GROUP and KEYSTONE PETROLEUM NO. 04-1798 CIVIL RESPONSE OF DEFENDANTS OPW ENGINEERED SYSTEMS AND RICHARD INDUSTRIES VALVE GROUP TO THE NEW MATTERlCROSSCLAIM PURSUANT TO PA R.C.P.2252(d) Denied as a conclusion of law. It is denied that Responding Defendants are solely liable to the Plaintiff or to any other party in this matter or liable over to the Plaintiffs or any other party in this matter for contribution and/or indemnification or for any other cause of action. MARSHALL, DENNEHEY, W ARNE~ BY: CO~EMAN & GO;GIL_--- ~~E'ESQUIRE Counsel for Defendants OPW Engineered Systems and Richards Industries Valve Group Date: \24_ A \LIAB\DEW\LLPG\642126\KBD\12180\02278 VERIFICATION DAVID F. WHITE, ESQUIRE, hereby states that he is counsel for Defendants OPW Engineered Systems and Richards Industries Valve Group, and that as such he is authorized to verify that the statements made in the foregoing Response Of Defendants OPW Engineered Systems And Richard Industries Valve Group To The New Matter/Crossclaim Pursuant To Pa R.C.P. 2252(d) are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements set forth therein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. E Attorney for Defendants OPW Engine d Systems and Richards Industries Valv:~roup Date: I z.. ~ ~~ II . MARSHALL,DENNEHEY,WARNE~ COLEMAN & GOGGIN BY: DAVID F. WHITE, ESQ. IDENTIFICATION NO. 55738 620 West Germantown Pike, Suite 350 Plymouth Meeting, PA 19462 (610) 941-7900 (610) 941-8133 (FAX) dfwhite<tUmdwc2.com Attorney for Defendants OPW ENGINEERED SYSTEMS and RICHARDS INDUSTRIES VALVE GROUP VICKIE D. BORGOLINI and HIRAM BORGOLINI, h/w PENNSYL VANIA COURT OF COMMON PLEAS CUMBERI,AND COUNTY v. SHEETZ, INC. OPW ENGINEERED SYSTEMS OPW FUELING COMPONENTS RICHARDS INDUSTRIES VALVE GROUP: and KEYSTONE PETROLEUM NO. 04-3001 CIVIL CERTIFICATE OF SERVICE I, David F. White, Esquire, do hereby certify that a true and correct copy of the Response Of Defendants OPW Engineered Systems And Richard IndustIies Valve Group To The New Matter/Crossclaim Pursuant To Pa R.C.P. 2252(d) was served upon all parties by first class mail on the / 6 ~ay of _~t the following addressees: Paul F. D'Emilio, ESQ. PULEO & D'EMILIO, LLC 660 Sentry Parkway, Suite 210 Blue Bell, P A 19422 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, P A 17013 Kevin C. McNamara, Esq. THOMAS, THOMAS & HAFER, LLP 305 North Front Street P.O. Box 900 Harrisburg, PAl 71 08 C. Roy Weidner, Jr., Esq. Wade D. Manley, Esq. JOHNSON DUFFIE STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, P A 17043 ~~/ L-- . lITE, ESQUIRE HCR MANORCARE, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- 1798 CIVIL TERM CIVIL ACTION-LAW v, QARY D. RUSH, Defendant PRAECIPE TO DISCONTINUE o THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued without rejudice, ~wrt David A. Baric, Esquire LD, # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 II II I I I I I I dab.dir/manorcare/rush/discontin ue2. pra I' . CERTIFICATE OF SERVICE I hereby certify that on April 28, 2005, I, David A. Baric, Esquire of O'Brien, Baric & ~cherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, t~ the party listed below, as follows: \ , Andrew R, Eisemann, Esquire Law Offices Of Markian R. Slobodian 80 I North Second Street _,b,,,,, P'M"I=i, 17102 ~ ~ I I I I II II I I David A. Baric, Esquire (~ \~ ,- '"', ,::~:r, ;p \. V" "'-':'. ~i\ :cl "'" "[~-;:~ \.:("A!~j :.~\ ?:) :.>:.\\ ')'f-';:; :',-\'" r--' .- CD r" -~\ <', ""'-