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Home My WebLink About11-8017r WILKES & McHUGH, P.A. William P. Murray, III, Esquire Attorney Identification No. 205016 400 Market Street, Suite 1250 Philadelphia, PA 19106 Tel No. (215) 972-0811 Email: wmurray(a-)wilkesmchu h.com JOHN R. ZONARICH, Administrator Pendente Lite of the Estate of GEORGE S. CORBIN, II, deceased 17 South Second Street, 6th Floor Harrisburg, PA 17101 vs. Plaintiff MANORCARE OF CARLISLE PA, LLC DB/A MANORCARE HEALTH SERVICES - CARLISLE 940 Walnut Bottom Road Carlisle, PA 17013 and HCR MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR III HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 Defendants PRAECIPE FOR WRIT OF SUMMONS (Medical Professional Liability Action) TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Summons in the above case. ?'t r w c? z? 5 ,, . v -a- Q ?i) aM+% ga°'Pd QN?/ it 63?s3 If a4 3o? THIS IS NOT AN ARBITRATION CASE; AN ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED Attorney for Plaintiff, John R. Zonarich, Administrator Pendente Lite of the Estate George S. Corbin, II, deceased COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. 11- "/ 1 0i VI 'l 4 Writ of Summons shall be issued and forwarded to Attorney/Sheriff. (Please Circle Choice) gnatur o Attorney Date: Print Nam William P. Murray, Esquire Address: 400 Market Street, Suite 1250 Philadelphia, PA 19106 Telephone No.: 215-972-0811 Supreme Court ID No.: 205016 WILKES & McHUGH, P.A. William P. Murray, III, Esquire Attorney Identification No. 205016 400 Market Street, Suite 1250 Philadelphia, PA 19106 Tel No. (215) 972-0811 Email: wmurray(awilkesmchu h com THIS IS NOT AN ARBITRATION CASE; AN ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED Attorney for Plaintiff, John R. Zonarich, Administrator Pendente Lite of the Estate George S. Corbin, II, deceased JOHN R. ZONARICH, Administrator Pendente Lite of the Estate of GEORGE S. CORBIN, II, deceased 17 South Second Street, 6th Floor Harrisburg, PA 17101 vs. Plaintiff MANORCARE OF CARLISLE PA, LLC DB/A MANORCARE HEALTH SERVICES - CARLISLE 940 Walnut Bottom Road Carlisle, PA 17013 and HCR MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR III HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 Defendants WRIT OF SUMMONS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. "- Rd0 C i V1 TO: DEFENDANT, MANORCARE OF CARLISLE PA, LLC D/B/A MANORCARE HEALTH SERVICES - CARLISLE YOU ARE NOTIFIED THAT THE AB AGAINST YOU. IFFS HAVE COMMENCED AN ACTION notary/(7'1er/k, Civil Division Date: ' ?? By: WILKES & McHUGH, P.A. William P. Murray, lII, Esquire Attorney Identification No. 205016 400 Market Street, Suite 1250 Philadelphia, PA 19106 Tel No. (215) 972-0811 Email: wmurrayAwilkesmchu h.com JOHN R. ZONARICH, Administrator Pendente Lite of the Estate of GEORGE S. CORBIN, II, deceased 17 South Second Street, 6th Floor Harrisburg, PA 17101 vs. Plaintiff MANORCARE OF CARLISLE PA, LLC DB/A MANORCARE HEALTH SERVICES - CARLISLE 940 Walnut Bottom Road Carlisle, PA 17013 and HCR MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR III HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 Defendants THIS IS NOT AN ARBITRATION CASE; AN ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED Attorney for Plaintiff, John R. Zonarich, Administrator Pendente Lite of the Estate George S. Corbin, II, deceased COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. WRIT OF SUMMONS TO: DEFENDANT, HCR MANORCARE, INC. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. 2jear erk, C' it Division Date: IO c? By: WILKES & McHUGH, P.A. William P. Murray, III, Esquire Attorney Identification No. 205016 400 Market Street, Suite 1250 Philadelphia, PA 19106 Tel No. (215) 972-0811 Email: wmurray(a wilkesmchugh com JOHN R. ZONARICH, Administrator Pendente Lite of the Estate of GEORGE S. CORBIN, II, deceased 17 South Second Street, 6th Floor Harrisburg, PA 17101 vs. Plaintiff MANORCARE OF CARLISLE PA, LLC DB/A MANORCARE HEALTH SERVICES - CARLISLE 940 Walnut Bottom Road Carlisle, PA 17013 and HCR MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR III HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 Defendants THIS IS NOT AN ARBITRATION CASE; AN ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED Attorney for Plaintiff, John R. Zonarich, Administrator Pendente Lite of the Estate George S. Corbin, II, deceased COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. WRIT OF SUMMONS TO: DEFENDANT, MANORCARE, INC. YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. 2 W Prothonotary/Cle , Civil Division Date: to By: WILKES & McHUGH, P.A. William P. Murray, IIl, Esquire Attorney Identification No. 205016 400 Market Street, Suite 1250 Philadelphia, PA 19106 Tel No. (215) 972-0811 Email: wmurrayAwilkesmchu h com JOHN R. ZONARICH, Administrator Pendente Lite of the Estate of GEORGE S. CORBIN, II, deceased 17 South Second Street, 6th Floor Harrisburg, PA 17101 vs. Plaintiff MANORCARE OF CARLISLE PA, LLC DB/A MANORCARE HEALTH SERVICES - CARLISLE 940 Walnut Bottom Road Carlisle, PA 17013 and HCR MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR III HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 Defendants THIS IS NOT AN ARBITRATION CASE; AN ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED Attorney for Plaintiff, John R. Zonarich, Administrator Pendente Lite of the Estate George S. Corbin, II, deceased COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. WRIT OF SUMMONS TO: DEFENDANT, HCR HEALTHCARE, LLC YOU ARE NOTIFIED THAT THE ABOVE-1 ACTION AGAINST YOU. Pr Date: By: D PLAINTIFFS HAVE COMMENCED AN ary/Cler Civil Division WILKES & McHUGH, P.A. William P. Murray, III, Esquire Attorney Identification No. 205016 400 Market Street, Suite 1250 Philadelphia, PA 19106 Tel No. (215) 972-0811 Email: wmurray(&wilkesmchu h com JOHN R. ZONARICH, Administrator Pendente Lite of the Estate of GEORGE S. CORBIN, II, deceased 17 South Second Street, 6th Floor Harrisburg, PA 17101 vs. Plaintiff MANORCARE OF CARLISLE PA, LLC DB/A MANORCARE HEALTH SERVICES - CARLISLE 940 Walnut Bottom Road Carlisle, PA 17013 and HCR MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR III HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 Defendants THIS IS NOT AN ARBITRATION CASE; AN ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED Attorney for Plaintiff, John R. Zonarich, Administrator Pendente Lite of the Estate George S. Corbin, II, deceased COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. WRIT OF SUMMONS TO: DEFENDANT, HCR II HEALTHCARE, LLC YOU ARE NOTIFIED THAT THE ABOV D PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. /7 ary/Clerk, Civil Division Date: w By: WILKES & McHUGH, P.A. William P. Murray, 111, Esquire Attorney Identification No. 205016 400 Market Street, Suite 1250 Philadelphia, PA 19106 Tel No. (215) 972-0811 Email: wmurray(a)wilkesmchu hg com THIS IS NOT AN ARBITRATION CASE; AN ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED Attorney for Plaintiff, John R. Zonarich, Administrator Pendente Lite of the Estate George S. Corbin, II, deceased JOHN R. ZONARICH, Administrator Pendente Lite of the Estate of GEORGE S. CORBIN, II, deceased 17 South Second Street, 6th Floor Harrisburg, PA 17101 vs. Plaintiff MANORCARE OF CARLISLE PA, LLC DB/A MANORCARE HEALTH SERVICES - CARLISLE 940 Walnut Bottom Road Carlisle, PA 17013 and HCR MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR III HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. ( 1- $aI-? C('1( I -( WRIT OF SUMMONS TO: DEFENDANT, HCR III HEALTHCARE, LLC YOU ARE NOTIFIED THAT THE ABO - D PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. rothonotar /Clerk, Civil Division Date: l/ By: WILKES & McHUGH, P.A. William P. Murray, III, Esquire Attorney Identification No. 205016 400 Market Street, Suite 1250 Philadelphia, PA 19106 Tel No. (215) 972-0811 Email: wmurrayC?wilkesmchugh com THIS IS NOT AN ARBITRATION CASE; AN ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED Attorney for Plaintiff, John R. Zonarich, Administrator Pendente Lite of the Estate George S. Corbin, II, deceased JOHN R. ZONARICH, Administrator Pendente Lite of the Estate of GEORGE S. CORBIN, II, deceased 17 South Second Street, 6th Floor Harrisburg, PA 17101 vs. Plaintiff MANORCARE OF CARLISLE PA, LLC DB/A MANORCARE HEALTH SERVICES - CARLISLE 940 Walnut Bottom Road Carlisle, PA 17013 and HCR MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and MANORCARE, INC. 333 N. Summit Street Toledo, OH 43604 and HCR HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR II HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR III HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 and HCR IV HEALTHCARE, LLC 333 N. Summit Street Toledo, OH 43604 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. WRIT OF SUMMONS TO: DEFENDANT, HCR IV HEALTHCARE, LLC YOU ARE NOTIFIED THAT THE ABOVE,,?I?IED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. / \ . /I n othonotary/ erk, Civil Division Date: 4 ?-d? By: BURNS WHITE LLC By: William J. Mundy, Esquire Identification No. 57679 By: John M. Skrocki, Esquire Identification No. 49071 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 (484) 567-5700 JOHN R. ZONARICH, Administrator pendent Lite of the Estate of George S. Corbin, II, deceased, Plaintiff, V. MANORCARE OF CARLISLE PA, LLC D/B/A MANORCARE HEALTH SERVICES, CARLISE, and HCR MANORCARE, INC. and MANORCARE, INC., and HCR HEALTHCARE, LLC and HCR II HEALTHCARE, LLC and HCR III HEALTHCARE, LLC and HCR IV HELTHCARE, LLC Defendants. Attorneys for Defendants, Manorcare of Carlisle PA, LLC d/b/a Manorcare Health Services- Carlisle, HCR Manorcare, Inc., Manorcare, Inc., HCR Healthcare, LLC, HCR II Healthcare, LLC, HCR III Healthcare, LLC and HCR IV Healthcare, LLC . COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY No. 11-8017 o (Z) • Civil Action . 'C= rv . Jury Trial Demanded ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of defendants, Manorcare of Carlisle PA, LLC d/b/a Manorcare Health Services- Carlisle, HCR Manorcare, Inc., Manorcare, Inc., HCR Healthcare, LLC, HCR II Healthcare, LLC, HCR III Healthcare, LLC and HCR IV Healthcare, LLC in the above-captioned matter. BURNS WHITE LLC J. Mundy, Esquire 4liamBy:' By: John M. Skrocki, Esquire Date: i 1 I l Attorneys for Defendants, Manorcare of Carlisle PA, LLC d/b/a Manorcare Health Services- Carlisle, HCR Manorcare, Inc., Manorcare, Inc., HCR Healthcare, LLC, HCR II Healthcare, LLC, HCR III Healthcare, LLC and HCR IV Healthcare, LLC CERTIFICATE OF SERVICE I, John M. Skrocki, Esquire, hereby certify that on this date, a true and correct copy of the foregoing Entry of Appearance was delivered by United States First-Class Mail, postage prepaid, as follows: William P. Murray, III, Esquire Wilkes & McHugh, P.A. Three Parkway 1601 Cherry Street, Suite 1300 Philadelphia, PA 19102 Plaintiff's Counsel i? John IL( Dated: kL l 1 2 WILKES & McHUGH, P.A. William P. Murray, III, Esquire Attorney Identification No. 205016 400 Market Street, Suite 1250 Philadelphia, PA 19106 Tel No. (215) 972-0811 Email: wmurray@wilkesmchu hg com THIS IS NOT AN ARBITRATION CASE; AN ASSESSMENT OF DAMAGES IS REQUIRED; JURY TRIAL DEMANDED Attorney for Plaintiff, John R. Zonarich, Administrator Pendente Lite of the Estate George S. Corbin, II, deceased JOHN R. ZONARICH, Administrator Pendente Lite of the Estate of GEORGE S. CORBIN, II, deceased Plaintiff vs. MANORCARE OF CARLISLE PA, LLC DB/A MANORCARE HEALTH SERVICES - CARLISLE and HCR MANORCARE, INC. and MANORCARE, INC. and HCR HEALTHCARE, LLC and HCR 11 HEALTHCARE, LLC and HCR III HEALTHCARE, LLC and HCR IV HEALTHCARE, LLC Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. 11-8017 Civil LL 7-7 AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I hereby certify that I served Defendant, Manorcare of Carlisle PA, LLC, d/b/a Manorcare Health Services - Carlisle, 940 Walnut Bottom Road, Carlisle, PA 17013 with a Writ of Summons previously filed on October 24, 2011 with the Cumberland County Court of Common Pleas, in accordance with Pa.R.C.P. 404(2) via the Cumberland County Sheriff, which was served on October 28, 2011 and received and signed for by Dan Fessler, on behalf of Defendant, Manorcare of Carlisle PA, LLC, d/b/a Manorcare Health Services - Carlisle, as evidenced by a copy of the Sheriffs Return of Service attached hereto as Exhibit "A". I hereby certify that I served Defendant, HCR Manorcare, Inc., 333 N. Summit Street, Toledo, OH 43604 with a Writ of Summons previously filed on October 24, 2011 with the Cumberland County Court of Common Pleas, in accordance with Pa.R.C.P. 404(2) via United States Postal Service, Certified Mail, Return Receipt Requested No. 7011 1150 0002 4536 9906, which was received on October 29, 2011, as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "B". I hereby certify that I served Defendant, Manorcare, Inc., 333 N. Summit Street, Toledo, OH 43604 with a Writ of Summons previously filed on October 24, 2011 with the Cumberland County Court of Common Pleas, in accordance with Pa.R.C.P. 404(2) via United States Postal Service, Certified Mail, Return Receipt Requested No. 7010 2780 0002 1857 9540, which was received on October 29, 2011, as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "C". I hereby certify that I served Defendant, HCR Healthcare, LLC, 333 N. Summit Street, Toledo, OH 43604 with a Writ of Summons previously filed on October 24, 2011 with the Cumberland County Court of Common Pleas, in accordance with Pa.R.C.P. 404(2) via United States Postal Service, Certified Mail, Return Receipt Requested No. 7010 2780 0002 1857 9557, which was received on October 29, 2011, as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "D". I hereby certify that I served Defendant, HCR II Healthcare, LLC, 333 N. Summit Street, Toledo, OH 43604 with a Writ of Summons previously filed on October 24, 2011 with the Cumberland County Court of Common Pleas, in accordance with Pa.R.C.P. 404(2) via United States Postal Service, Certified Mail, Return Receipt Requested No. 7010 2780 0002 1857 9564, which was received on October 29, 2011, as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "E". I hereby certify that I served Defendant, HCR III Healthcare, LLC, 333 N. Summit Street, Toledo, OH 43604 with a Writ of Summons previously filed on October 24, 2011 with the Cumberland County Court of Common Pleas, in accordance with Pa.R.C.P. 404(2) via United States Postal Service, Certified Mail, Return Receipt Requested No. 7010 2780 0002 1857 9571, which was received on October 29, 2011, as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "I"' I hereby certify that I served Defendant, HCR IV Healthcare, LLC, 333 N. Summit Street, Toledo, OH 43604 with a Writ of Summons previously filed on October 24, 2011 with the Cumberland County Court of Common Pleas, in accordance with Pa.R.C.P. 404(2) via United States Postal Service, Certified Mail, Return Receipt Requested No. 7010 2780 0002 1857 9588, which was received on October 29, 2011, as evidenced by a copy of the Return Receipt Card attached hereto as Exhibit "G". WILKES & McHUGH, P.A. Wt Z- - Dated: November 16, 2011 ?'I/s 1 i qui e William P. M a , CERTIFICATE OF SERVICE I, William P. Murray, 111, attorney for Plaintiff, hereby certify that a true and correct copy of this Affidavit of Service, was served upon the following via first-class mail on this date: William J. Mundy, Esquire John M. Skrocki, Esquire 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 (Attorneys for Defendants) Date: November 16, 2011 By: WILKES & McHUGH, P.A. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ???rzr pt te,ntr,???r? Jody S Smith Chief Deputy Richard W Stewart Solicitors=:.F F r s? ?ctF? John R. Zonarich vs. Manorcare of Carlisle, PA, LLC Case Number 2011-8017 SHERIFF'S RETURN OF SERVICE 10/28/2011 10:40 AM - Shawn Gutshall, Deputy Sheriff, who being duty sworn according to law, states that on Octobe 28, 2011 at 1040 hours, he served a true copy of the within Writ of Summons and Plaintiffs Pre-Complaint Request for Production, upon the within named defendant, to wit: ManorCare of Carlisle, PA, LLC d/b/a ManorCare Health Services-Carlisle, by making known unto Dan Fessler, Administrator for ManorCare Health Services at 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true an, orrect copy of the same. G SHALL, DEPUTY SHERIFF COST: $34.00 November 02, 2011 SO ANSWERS, RbNI'W R ANDERSON, SHERIFF icc GcuhiVSutte Sheriff. Te',eosa i inc M omplete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent x • 'rint your name and address on the reverse 0 Addressee , so that we can return the card to you. B. Riticpiy1d f?phr' d Name) C. Date of Delivery ¦ attach this card to the back of the mailpiece, I' . 6.. I . _ , ._ ._ ............... or on the front if space permits. k ----- - D. I AI1vety = kre em 1? 0 Yes 1. Article Addressed to: If?($, ?t#Iej?' ?JkAess below: ? No 4 , 3. Service TYPe 1 rtifi ed Mail 0 Express Mail 0 aogiel?roq', 0 Roturn RoOliAt9r MgrvhwiVl;iG ? Insured MafN i [I cox), - .. , r? 4. Restricted Delivery? ' Fee) 0 Yes 2. Article Number (nsnsrer from service raved ?011 µ 1150 0002 4536 9906 PS Form 3811, February 2004 Domestic Return Receipt ro2eaF-n?-nn.r.Fan EXHIBIT "B" f i,ompiete items 1, 2, and 3. Also complete A. Signature Item 4 If PMWCted'(a hWY is desired. X 13 Agent ¦ 1'dnt your name and address on the reverse O addressee ** that we can return the card to you. B. tvery ¦ mach this card to ttu3 back of the mailplece, HCR MANOR CARE ?I=Xlwl or on the front R space permits. D !f Fig Hht9t "s f 1? O Y 1. article Addressed to: 1 TOLEDO ` :? 3 ?? S urr?n? r 7" s t?ZF?i DC 1 9 2011 ?? L .? U cl L-h 0 L ?U 3. Service lYPe all ?rc.° .4 I ?btarod mr Merchandise 0 insured Mail ? C.O.D. I l 4. Restricted DelWWY? OUtm Fee) 0 Yes 2. Article Number' 7 010 2780 0002 1857 9540 vBrY ON Dornestlc Fietum Receiat p044in 811, FeW. . EXHIBIT "C" ¦ Complets Items 1, 2, and 3. Also complete ,terra 4 if Resbiated Delivery is desired. ¦ !print your name and ,address on the reverse so that we can return the card to you. ¦ attach this card to the back of the mallpiece, ur on the front if space permits. 1. Article Addressed to: LLC C) V 2. Article Number (?Nnster ft(n service k0so BPS form 3811, February 2004 A. Signature I X O Agent 0 Addressee B. Regprpgci(,byi'1P1i ?jWame) C. l HH?i'I IIYY UL' ` v D. Is em 1? C3-Y4' If Yf lKi below: 0 No TOLEDO OH 43699-0086 Type Mall O Erase Mall Roywtoroq D noun ftwpt wr INerg1 MPA 4 13 Insured man 0 C.O.D. l 4. Restricted Delivery? (Extra Fee) 0 Yes 7010 2780 0002 1857 9557 Domestic Return Recebt ,m4acm?' ' EXHIBIT "D" -(1:'jPLETE THIS SECTION ¦ I,oMpleW,ftrns 1, 2, and 3. Also complete A. Signature Item 4 If Restricted Delivery Is desired. x ¦ Nnt your name and address on the reverse so that we can retum the card to you. B. ¦ Mwh this card to the back of the mallpi" H C R P ermits t if f th . space p ron cK on e 1. Aaticle Addressed to: D. ? r L 6 ' &f eCrp ? Oh.cv L/? 6 aZ( s. ,ype all TO ?pdi °" e® i /t? ?iocea aa a T`vr mo?m"09 ? Insured Mall ? C.O.D. 4. Restricted DelNwp (Ezaa Fee) O Yes!" 2. aiticle Number 7 010 2780 0002 1857 9564 PS Form 3$11. Febnis+v 2[x)4 rAV"AAW apn„? a n+ ••.<. EXHIBIT "E" ¦ Gompiete items 1, 2, and 3. Also complete A. signature 0 A ent Item 4 If Reshfcted Delivery is desired. x g ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. B. 11"bi ft") ¦ Mach this card to the back of the maliplece, WC'R MAN R PARFID n 4 N or on the front If space permits. , ? Y -- 1..441cie Addressed to: D. n 1? r o No ;(Z fit, ?C TO LED O G,?? `?` "" too X33 N - 5ummr ?s-C,-e- OC f 2 9 2011 f 3. Servk:e type Mail Mep . qo- , at R09mrad C] Ineured Mali "Mal o c.o.. mercn"Me t 4. Restricted Deliveryt (EMta Fee) [] Yes I 2. Article Number ? 010 2 7 8 0 0 0 0 2 18 5 7 9 5 71 J ? (lisRSterrrtrm servroo krbel) P$ Form 3811. February 2004 ' Domestic Return ReceiDt , •:? EXHIBIT "F" • :I } 3 .'Also complete A' (very Is desired. P. ? a ' A. signature 40dress on the reverse ?µ? ?+ I „?e card to you. x . back of the mallpiece B. R Ah ) , lft . permits. m 1. AMA Ac> ?aed tix D. Is e If ite I m TO LED E 3. Serv(ce f ? 0 Cert Ww O flppg,T? 0 Ins d o? Aft z° l ure Map ?0 2+ I? 4. Restricted Nero 0508 Foo) 7010 2780 0002 1857 9588 Domeggc Retum Receipt O Agent i+ I( I YW i i i 1 EXHIBIT "G" JOHN F. ZONARICH, Administrator Pendente of the Estate of GEORGE S CORBIN, II, Deceased Plaintiff V. MANORCARE OF CARLISLE, PA, LLC DB/A MANORCARE HEALTH SERVICES - CARLISLE, V. HCR MANORCARE, INC., and MANORCARE, INC., and HCR HEALTHCARE, LLC, and HCR II HEALTHCARE, LLC, and HCR III HEALTHCARE, LLC, and HCR IV HEALTHCARE, LLC, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C-- nJ r7l ..' . "!s • M .. ?-. cAk -<n v CD c NO. 11-8017 CIVIL TERM IN RE: MOTION FOR LEAVE TO WITHDRAW AS COUNSEL ORDER OF COURT AND NOW, this 25th day of April, 2012, upon consideration of the Motion for Leave To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff and Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Christy14/I . Peck, J. Brian L. Strauss, Esq. Wilkes & McHugh, P.A. Three Parkway 1601 Cherry Street Suite 1300 Philadelphia, PA 19102 Attorney for Plaintiff V John R. Zonarich, Esq. 17 South Second Street, 6t' Harrisburg, PA 17101 Plaintiff/Administrator Pendente Lite of the Estate John M. Skrocki, Esq. 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 Attorney for Defendants Ms. Mari D. Jones 173 East Penn Street, Apt. #2 Carlisle, PA 17013 V Ms. Karen Reid 500 E. Prospect Street, Apt. #1 York, PA 17403 Ms. Vivian Coleman 521 S. West Street Carlisle, PA 17013 Mr. Jerry Corbin 3831 Wilcox Blvd. Apt. 96 Chattanooga, TN 37411 Mr. David C. Corbin 52 S. Pine Street Red Lion, PA 17356-2114 /Mr. Jack A. Corbin, #DC-4496 SCI-Huntingdon 1100 Pine Street Huntingdon, PA 16654 :rc C, p ; e6 A4 Cl ? Pd qI,-;[ ? Al t JOHN R. ZONARICH, Administrator pendente Lite of the Estate of George S. Corbin, II, deceased, Plaintiff, v. MANORCARE OF CARLISLE PA, LLC DB/A MANORCARE HEALTH SERVICES, CARLISE, and HCR MANORCARE; INC. and MANORCARE, INC., and HCR HEALTHCARE, LLC and HCR II HEALTHCARE, LLC and HCR III HEALTHCARE, LLC and HCR IV HEALTHCARE, LLC Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No 11-8017 Civil Action Jury Trial Demanded ORDER AND NOW this ~~, day of ~~~~- , 2012, upon consideration of the uncontested Motion of Defendants to Make Rule Absolute, it is HEREBY ORDERED and DECREED that Plaintiff s Counsel's Motion to Withdraw as Counsel is GRANTED. Plaintiffs herein have sixty (60) days from the date of this Order to obtain substitute counsel and file a Complaint and Certificates of Merit. If Plaintiffs fail to file a Complaint and Certificates of Merit within this period of time, this case shall be dismissed with prejudice, upon further motion submitted to the Court. /13r~Ccn Z-• ~i'~cuSs `~~ar; d . tents v~~~ x~.C~,.bt~ ~ 1~a~;o( C~. ~rb;h ~ U.` v ah ~o ~f'c~a`~ ~~vl,~ f2. Zoha~;G~ c4 > Pu/~ tlIN~A~ . Sltt~3d },}Nt14~ ~~d`t~~~lWt~~ ~~ .Z ~d 6z ~n~ Z~~t ~.. -~+~ €~~ c,,,r ~A ~: ~~ -~: ~C..71 c c-~ _ try ~ :- ~~ CDC ~S {~VcR ~C~ ~~aq/~ L BURNS WHITE LLC By: William J. Mundy, Esquire Identification No. 57679 By: John M. Skrocki, Esyuire Identification No. 49071 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 (484) 567-5700 JOHN R. ZONARICH, Administrator pendente Lite of the Estate of George S. Corbin, lI, deceased, Plaintiff, v. MANORCARE OF CARLISLE PA, LLC D/B/A MANORCARE HEALTH SERVICES, CARLISE, and HCR MANORCARE, INC. and MANORCARE, INC., and HCR HEALTHCARE, LLC and HCR II HEALTHCARE, LLC and HCR III HEALTHCARE, LLC and HCR. IV HELTHCARE, LLC Defendants. Attorneys for Defendants, Manorcare of Carlisle PA, LLC d/b/a Manorcare Health Services- Carlisle, HCR Manorcare, Inc., Manorcare, Inc., HCR Healthcare, LLC, HCR II Healthcare, LLC, HCR III Healthcare, L.LC and HCR IV Healthcare. LLC' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 11-8017 - ~" ~; Civil Action :_ , Jury Trial Demanded MOTION TO DISMISS AND NOW, come Defendants, Manorcare of Carlisle PA, LLC d/bia Manorcare Health Services- Carlisle, HCR Manorcare, Inc., Manorcare, Inc., HCR Healthcare, LLC, HCR II Healthcare, LLC, HCR III Healthcare, LLC and HCR IV Healthcare, L,LC by and through their counsel, Burns White LLC, and file the within Motion To Dismiss, and in support thereof aver as follows: 1. This action was commenced by the filing of a Writ of Summons on or about October 24, 2011. 2. On April 19, 2012, Plaintiff's counsel, Brian L. Strauss, and Wilkes & McHugh, P.A., filed a petition for. a leave of court to withdraw as counsel. 3. By Order dated April 25, 2012, the Honorable Christylee L. Peck issued a Rule to Show Cause why the Court should not grant Plaintiff's counsel's request to withdraw, with said Rule returnable within twenty (20) days. 4. Defendants filed a Motion to Make Rule Absolute after there had been no opposition to Plaintiffs counsel's request to withdraw. 5. The Honorable Christylee L. Peck issued an Order dated August 29, 2012, granting plaintiff's counsel's Motion to Withdraw as Counsel and providing plaintiff sixty (60) days from the date of said Order to file a Complaint and Certificates of Merit. See, Exhibit "A'". f~. More than sixty (60) days have passed since the date of the August 29, 20] 2 Order without any response from Plaintiff. 7~. Pursuant to the August 29, 2012 Order, Defendants submit this Motion to Dismiss for Plaintiffs failure to file a Complaint and Certificates of Merit in this matter. WHEREFORE, it is respectfully submitted that this Honorable Court grant Defendants' Motion to Dismiss and dismiss this case with prejudice. Respectfully submitted, BURNS~VHI LC i f_.,., ~... ,/ ```. /3 j _ By: J M. Skrocki, Esquire Date: ~ ~ ~~ ~..~~ ~ Attorne:ys for Defendants, Manorcare of Carlisle PA, LLC dJb/a Manorcare Health Services- Carlisle. HCR Manorcare, Inc., Manorcare, Inc., HCR Healthcare, LLC, HCR II Healthcare, LLC, HCR III Healthcare, LLC and HCR IV Healthcare, LLC BURNS WHITE LLC By: William J. Mundy, Esquire Identification No. 57679 By: John M. Skrocki, Esquire Identification No. 49071 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 (4841 567-5700 JOHN R. ZONARICH, Administrator pendente Lite of the Estate of George S. Corbin, Ii, deceased, Plaintiff, v. MANORCARE OF CARLISLE FA, LLC D. B%A MANORCARE HEALTH SERVICES, CARLISE, and HCR MANORCARE, INC. and MANORCARE, INC., and HCR HEALTHCARE, LLC and HCR II HEALTHCARE, LLC and HCR III HEALTHCARE, LL,C and HCR IV HELTHCARE, LLC' Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 11-8017 Civil Action Jury Trial Demanded MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS I. FACTUAL STATEMENT OF THE CASE This action was commenced by the filing of a Writ of Summons on or about October 14, 2011. Plaintiffls counsel, Brian L. Strauss of Wilkes & McHugh, P.A., filed a petition for leave of court to withdraw as counsel on April 19, 2012. 'The Honorable Christylee L. Peck subsequently issued a Rule to Show Cause why the Court should not grant Plaintiff's counsel's request to withdraw, with said Rule returnable within twenty (20) days. After Plaintiff failed to oppose the Rule to Show Cause, Defendants filed a Motion to Make Rule Absolute. Honorable Christylee L. Peck issued an Order dated Attorneys for Defendants, Manorcare of Carlisle PA, LLC d/b!a Manorcare Health Services- Carlisle, HCR Manorcare, Inc., Manorcare, Inc., HCR Healthcare, LLC, HCR II Healthcare, LLC. HCR III Healthcare, LLC and HCR IV Healthcare, LLC August 29, 2012., granting Defendants' motion and providing Plaintiff sixty (60) days from the date of said Order to file a Complaint and ~`ertificates of Merit. See, Exhibit "A''. More than sixty (60) days have passed since the date of this Order without any action by Plaintiff. Pursuant to the August 29, 2012 Order, Defendants submit this Motion to Dismiss for Plaintiff s failure to file a Complaint and Certificates of Merit in this matter. II. QUESTION BEFORE THE COURT 1. Should this Court dismiss the matter with prejudice due to Plaintiffls failure to file a Complaint and Certificates of Merit within the time allotted by Judge Peck's August 29, 2012 Order? SUGGESTED ANSWER: Yes. III. LEGAL ARGUMENT Pursuant to the Court's August 29, 2012 Order, Plaintiff had sixty (60) days from the date of said Order to file a Complaint and respective Certificates of Merit. More than sixty (60) days have passed without any action or response from Plaintiff. Therefore, per Order of the Court and upon the filing of this Motion, the case should be dismissed with prejudice. Dated: ~ Respectfully submitted, BU I E LLC c BY: '~~, ____ Johrt~ . Skrocki, Esquire Attorneys for Defendants, Manorcare of Carlisle PA, LLC d/b/a Manorcare Health Services- Carlisle, HCR Manorcare, Inc., Manorcare, Inc., HCR Healthcare, LLC, HCR II Healthcare, LLC, HCR III Healthcare, LLC and HCR IV Healthcare, LLC CERTIFICATE OF SERVICE L John M. Skrocki, Esquire, hereby certify that on this date, a true and correct copy of the foregoing Motion to Dismiss was delivered by United States First-Class Mail, postage prepaid, as follows: Ms. Karen Reid 500 E. Prospect Street, Apt #1 York, PA 17403 John R. Zonarich, Esquire 17 South Second Street, 6`~ Floor Harrisburg, PA 17101 Plaintiff/Administrator Pendente Lite of Estate Mr. Jerry Corbin 3831 Wilcox Blvd Apt 96 Chattanooga, TN 37411 Mr. Jack A. Corbin, #DC-4496 SCI-Huntingdon 1100 Pine Street Huntingdon, PA 16654 Dated: , , ;~-~! y ~I Ms. Mari D. Jones 173 East Penn Street, Apt #2 Carlis]e, I'A 17013 Ms. Vivan Coleman 521 S. West Street Carlisle, PA 17013 Mr. David C. Corbin 52 S. Pine Street Red Lion. PA 17356-21 I4 ~: ~~~ ~`'__ ,\ hn M. Skrocki JOHN R. 70NARICH, Administrator pendente Lite of the Estate of George S. Corbin, II, deceased, Plaintiff, ti; , MANORCARE OF CARLISLE PA, LLC DB/A Mr~NORCARE HEALTH SERVICES, CARLISE, and HCR MANORCARE, INC. and 1\~~ANORCARE, INC., and HCR HEALTHCARE, LLC and HCR II HEALTHCARE, LLC and HCR III HEALTHCAI~~,, LLC: and HCR IV HEAL"THCAItE, LLC Defendants. COURT OF COMMON PLEAS OF CUMBERLAND COtTNT~' i~'O. I I-8017 Civil Action Jury Trial Demanded ORDER ,,,: AND NO~~ this =~%` day of ,_/,%i~j~,,..~' , 2012, upon consideration of the ~~ uncontested Motion of Defendants t:o Make Rule Absolute, it is HEREBY ORDERED and DECREED that Plaintiff s Counsel~~s Motion to Withdraw as Counsel is GRANTI~.C). Plaintiffs herein have sixty (60j days from the date of this Order to obtain si.ibstitute counsel and file a Complaint and Certificates of Merit. If Plaintiffs fail to file a Complaint and Certil7cate of Merit within this period of time, this case sha11 be dismissed a~~ith prejudice, upon further motion submitted to the Court. ~ ~ -- ~_ ~~~`!~`~r''1~ t~5~~~ ~: °7 .L ~~d 6Z ~~1~ i ~v' JOHN R. ZONARICH, IN THE COURT OF COMMON PLEAS OF Administrator Pendente Lite CUMBERLAND COUNTY, PENNSYLVANIA of the Estate of GEORGE S. CORBIN, II, Deceased Plaintiff v. MANORCARE OF CARLISLE, PA, LLC, D/B/A MANORCARE HEALTH SERVICES, CARLISLE, and HCR MANORCARE, INC., and MANORCARE, INC., and HCR HEALTHCARE, LLC, and HCR II HEALTHCARE, LLC, and HCR III HEALTHCARE, LLC, and HCR IV HEALTHCARE, LLC, Defendants CIVIL ACTION -LAW NO. 11-8017 CIVIL TERM IN RE: DEFENDANTS' MOTION TO DISMISS ORDER OF COURT AND NOW, this 19~' day of November, 2012, upon consideration of Defendants' Motion To Dismiss, and the Plaintiff having failed to file a Complaint and Certificates of Merit pursuant to this Court's Order dated August 29, 2012, it is hereby ordered that (1) Defendants' Motion to Dismiss is GRANTED, and (2) the above-captioned matter is dismissed. BY THE COURT, Christyl e L. Peck J. ~:° ~ `T'r== ~l ~ ~.. Y ~.~ _, /Brian L. Strauss,'Esq. Wilkes & McHugh, P.A. Three Parkway 1601 Cherry Street Suite 1300 Philadelphia, PA 19102 Attorney for Plaintiff t~John R. Zonarich, Esq. 17 South Second Street, 6~' Harrisburg, PA 17101 Plaintiff/Administrator Pendente Lite of the Estate /John M. Skrocki, Esq. 100 Four Falls, Suite 515 1001 Conshohocken State Road West Conshohocken, PA 19428 Attorney for Defendants /Ms. Mari D. Jones 173 East Penn Street, Apt. #2 Carlisle, PA 17013 ~/ Ms. Karen Reid 500 E. Prospect Street, Apt. # 1 York, PA 17403 /iVls. Vivian Coleman 521 S. West Street Carlisle, PA 17013 ;/IVIr. Jerry Corbin 3831 Wilcox Blvd. Apt. 96 Chattanooga, TN 37411 ~Mr. David C. Corbin 52 S. Pine Street Red Lion, PA 17356-2114 /Mr. Jack A. Corbin, #DC-4496 SCI-Huntingdon 1100 Pine Street Huntingdon, PA 16654