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Home My WebLink About06-0918 \ .. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, 06-918 CIVIL NOTICE OF APPEAL Notice IS given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAME OF APPELLANT Neena Gail Charan MAG. OISl. NO. 09-1-02 NAME OF D.J Robert V. Manlove ADDRESS OF APPELLANT CITY STATE ZIP CODe 890 Poplar Church Rd., Suite 200, Medical Arts Bldg., Camp Hill PA 17011 DATE OF JUDGMENT 2/6/06 IN THE CASE OF (Plaintiff) Iron Ridge Family Practice (Defendant)" Neena Gail Charan DOCKET No. CVOOOOS94-0S ThiS block will be signed ONLY when this notation is required under Pa. RC.P.D.J, No, 1008B. This Notice of Appeal, when received by the District Justice. will operate as a SUPERSEDEAS to the judgment for possession in this case. No. 1001 (6) in action (20) days after filing the NOTICE of APPEAL Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.CPD.J. No, 1001(7) in action before District Justice, IF NOT USED, detach from copy of notice of appeal to be served upon appellee, PRAECIPE: To Prothonotary Enter rule upon Iron Ridge Family Practice Name of appel/ee(s) appellee(s), to file a complaint in this appeal (Common Pleas No. 06-918 CIVIL ) within twen r attorney or agent RULE: To Iron Ridqe Family Practice Name of appel/ee(s) - (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 2-16-06,20 ( YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312,02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER fiiing of/he noNce of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; 55 AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice of Appeal. Common Pleas , upon the District Justice designated therein on (date of service) sender's receipt attached hereto, ,20 , 0 by personal service 0 by leertlfied) (registered) maH and upon the appellee, (name) . on o by personal service by (certified) (registered) maH, ,20 sender's receipt attached hereto, (SWORN) (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS DAY OF ,~____'" ~__ 20..'___ Signature of aniant Signature of official before whom affidavit was made Title of official My commission expires on 20 ~~~ ......... Jf ....J ' ~. ~ . J;' u-., "'<Z~~ - &: \ (') '" B. c c::::> C) C.::l <';.1'"' 'Tl <:7 i-'- .." :=j ~ Cr,:, rrl rh:!-: = r- "'4 -~1 j-i": m ":.) ~, C3 f , ~> <- _.c.j (...) -< ~ 09-1-02 (TUE)FEB 72006 7:14/ST, 7:13/No,6829694728 P 2 NOTICE OF JUDGMENTrrRANSCRIPT CIVIL CASE pl.AlrmFF: 'AME__RS$8 rx-o.. IlD)QB PAIlXLY PUC'l'ICB -, 1'0 BOz: 235 ~ .~LL, l'A 17001-0235 L ~ vs. DEF~DANT: NAME nIAOOAESS I(osu..., PWW" GO:J:L 890 l'Ol'LAa CRaCK ED APr/STZ 200 ImD~CAL U'I'S BLDG . ~ .~LL, I'A 17011 Docket No,: cv-0000594-05 Date Filed: 11/22/05 -, . ~ONWEAL TH OF PENNSYLVANIA ~OUNTY OF: cuxe....T ...... ~,OlIt.No.; // / ~DJ NatM: Han. JIOBD'!' V. .UJ.OVI: Add",,, 1901 'TAD 8'1' CIIIl' BILL, I'A ....""",,(717) 761-0583 17011-0000 :J:JIOB UDQB I'AMILY PUC'l'ICB PO BOll: 235 CIIIl' BILL, l'A 17001-0235 .J .. THIS IS TO NOTIFY YOU THAT: Judgment: n...a.m.., '......-..uw..__.. Pl.... Ii] Judgment was entered for: (Name) ....mw.'I'fttD! ."If'I'T." ............('W iii Judgment was entered against: (Name) ,....... ----- ann. in the amount of $ ", 11 n .. on: (Date of Judgment) 2/nC!tJ,. o Defendants are jointly and severally liable, D Damages will be assessed on: (Date & Time) o This case dismissed without prejudice, Amount 01 Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 3.025.88 $ 85.00. $ .0 $ .00 $ 3.110.88 O Amount of Judgmenl Subject to AttachmenV42 Pa.C,S, ~ 8127 $ o Portion of Judgment for physical damages arising ol.lt of residential lease $ Post Judgment Credits $ Post JUdgment Costs $ ============= Cert"led Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COIIMON p~S. CIVIL DIVISION, YOU MUST INCLUDE A COpy OF THS NOTK:E OF JUDGMENTITRANSCRlPT FOAM WITH YOUR NOllCE OF APPEAL, EXCEPT AS OTHERWISE PROVIDED IN THE RUI.E8 OF CIVIL PROCEDURE FOR MAGl81ERIAL DISTRICT JUDGES, IF THE JuDGEMENT HOLDER ELECTS TO ENTER T11E JUDGMENT.!N 1l1E couRl' OF COMMON PLEAS. ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE, UNLESS 1l1E JUDGMENT IS ENTERED IN THE COURT OF COIIMON PLEAS. ANYONE INTERESTED IN T11E JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATlSFACllDll WITIlTltE MAGISTERIAL DISTRICT JuDGE IF THE JuDGMENT DEBTOR PAYS IN FULL. SETT1.ES, OR OTHERWISE COMPUES WITH THr; JUDGMENT, , Magisterial District Judge judgment. . Magiste rial District Judge Wri commission expires first Monday of January, 2012 ' SEAL AOPC 315--05 DAD l'JU.nw: 2/06/06 10112151 AX r' ., ~.! P"; c.;::;;:.; ,j-i; c., cr U,S. Postal Service ..... ..... ; CERTIFIED MAil I'IcCEIPT (Domestic Mall Only; No Insursnce Coverage Provided) ; ::ril : L-___~_ -D '" r'I D Pn',UtCje : S I C"rJifie,j hc;'j 'I , Return Reu'ipt 1")(1 I ...-:J {Endorsement Rpquircd) I D D D Restricted Delive'y Fee CJ 1:::::::1:::::':1~::~) $ L r C l'- m --- -, ~ se;1;1 ( '\ \ ~_ \ L~ m' 1'_ :"~I [-(t-l~' l'fi Li :=5 St"~'I:' t' if1;W'Z N~:;2 3 ( _ _ ~ Uty'sfAJ<Ii.,< I \,! '--~ I ( 1; \ ;11 '" ~ ~I ~, IT"'' ,--~----- III! -D '" r'I D r'I D Cl Rt!stnctuJ D UVC0 "'1' ~ ~jp o ([ll Jor,crnent Aequrcrlj ~"'>-... 0"1 t:l Total Postage & Fees $ / ) I - ( f Of6'b-1 S 0/ , " ,---L-'-Ll..J ~, :ri sen,~l,oo _ I ;,--\:--;:/'::------- ~ -----1--,'f::,.L___ . Iv n_L_ o Street, lAr! ~o.. f Pd~-1Q,~~ r, c:--- CJ _ Lm ~ C((~ Stat?y;+ 4. :11 , .. I PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proal of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of/he nolice of appeal, Check applicahle boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C, ....L.wl",,) ; S5 AFFIDAVIT: I hereby (swear) (affirm) that I served o a copy of the Notice of Appeal, Common Pleas 01>- q/8 , upon the District Justice designated therein on (date of service) (:fk,..(y 16 ,20 tie ,0 by personal service. by (certified) (registered) mail, sender's receipt attachedhereto, and upon the appellee, (namerI(o~ /2.,i)<. f~-,17 P/~d~_, on (c.b{v"",, 16 ' 20 _~ 0 by personal service % by (certified) (registered) mail, sender's'receipt attached hereto, I'J t 1tH!4 0JJ It ~ Title of official My commission expires on ,20_, COMMONWEALTH OF PENNSYLVANIA Notarial Seal CIty ~ L,. Huber. NoIaJy Pullric My ,,^-!!~/!~i?!:.p!:Jphln County -........", ....,..,..Ai.Jg. 10,2009 Member, PennSylvania AsSOCiation of Notaries ';1/ / ~,--'>5". ,""'- 'I, (",,, ~, ~_ fe..r, ;- { 'L Signature of affiant o c: ....., = 'O? 0.... n .:::n ::;l ~;.':D . .lc::: '" [-c T' el -T, ~:~S Scn SS '< .." .." c;:J -..J ~ ." ::;l: 9? CJ <::) COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT n~ COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. , NAME OF APPELLANT I NAMEOF D.J ADDRESS OF APPELLANT i MAG~D:(S~: NO. CITY STATE lIP CODE DATE OF JUDGMENT "lC ! IN THE CASE OF (Plainliffj (Defendant)" DOCKET No. ~ SIGNATURE OF APPELlANT OR ATTORNEY OR AGENT '~ This block will be signed ONLY when this notation is required under Pa. RC,P,D,J, No, 10086, This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. . If apP6ll..ant was Claimant (see Pa. R.C.P,D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL Signature 01 Prothonotary Of Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellsnt was DEFENDANT (see PaR.CP.D,J, No, 1001(7) in action before District Justice, IF NOT USED, detach from copy of notice of appeal to be served upon appellee, PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of 8waffee(sJ {Common Pleas No.'}~' l( ",;.:.'; r ) within twenty{20) days after service of rule or suffer entry of judgment of non pros, Signature of ~ppelf8nt or attorney OT agent RULE: To , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date ot service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU, (3) The date of service of this rule jf service was by mail is the date of the mailing. :-J,' --;J6' 20 Signature of pro~onotary or Deputy Date: YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THllfNOTlCE OF APPEAL, AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPV_ PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVEO ON DISTRICT JUSTICE IRON RIDGE FAMILY PRACTICE IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA v_ No.06-918-Civil MEENA GaIL CHARAN PRAECIPE TO CORRECT CAPTION TO THE PROTHONOTARY: Kindly correct the name of Defendant, Neena Gail Charan, to Meena Gail Charan, POST & SCHELL, P.C. BY: Jam j. Kutz, Esquire Attorn D 21589 17 North 2 treet, 12th Floor Harrisburg, PAl 71 01 Telephone: (717) 612-6038 Attorneys for Defendant, Meena Gail Charan Date: February 17,2006 - CERTIFICATE OF SERVICE I, James J, Kutz, Esquire, hereby state that I have this day caused to be served a true and correct copy of the foregoing Praecipe to Correct Caption upon the persons and at the addresses below named, by V,S, Mail, First-Class, postage prepaid: Erin Moyer Acting Business Administrator Iron Ridge Family Practice P,O, Box 235 Camp Hill, PAl 7001-0235 POST & SCHELL, P.e. By: Dated: February 17, 2006 --,--., ,~ :) .(,--..~ ~< ,\ ------ II. IRON RIDGE FAMILY PRACTICE, p,c., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, : No, 06-918 CIVIL MEENA GOIL CHARAN : CIVIL ACTION - LAW Defendants, 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 servee, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE, CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 IRON RIDGE FAMILY PRACTICE, P.c., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, : No. 06-918 CIVIL MEENA GOIL CHARAN : CIVIL ACTION - LAW Defendants, AVISO USTED HA SIDO DEMANDADO/A EN CORTE, Si usted desea defenderse de las demand as que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dfas despues de la notificaci6n de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demand as presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted, USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE, SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA, EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE EST A OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 II. , SMIGEL, ANDERSON & SACKS, L.L,P. River Chase Office Center 4431 North Front Street, J'd Floor Harrisburg, PA 17110-1778 (717) 234,2401 Peter M. Good, Esquire D!:!:ood({Vsasl1n.com Susan M. Zeamer, Esquire szeamen@sas]lo.com Attorneys for Plaintiff IRON RIDGE FAMILY PRACTICE, P,c', IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, No, 06-918 CIVIL MEENA GOIL CHARAN CIVIL ACTION - LAW Defendants, COMPLAINT AND NOW COMES, Iron Ridge Family Practice, P,C, by and through its attorneys, Smigel, Anderson & Sacks LLP" who states the following causes of action and, in support thereof, avers as follows: I, PI2.intiff Iron Ridge Family Practice ("Iron Ridge") is a Pennsylvania Professional Corporation with a mailing address of P,O, Box 235, Camp Hill, Cumberland County, Pennsylvania, 2, Defendant Meena Goil Charan ("Charan"), is an individual with a principal place of business located at 890 Poplar Church Road, Suite 200, Camp Hill, Cumberland County, Pennsylvania, Jurisdiction and Venue: 3, This Court has jurisdiction over the parties and subject matter of the instant dispute, 4, Venue is appropriate in Cumberland County, Pennsylvania under Pennsylvania Rule of Civil Procedure 1 006 as it is the county in which the cause of action arose, I " I' II - II II' Factual Backe:round: 5, In October, 2003, Charan began employment with Iron Ridge, 6, Under the terms of an oral agreement between Iron Ridge and Charan, Charan's compensation would be calculated by the Variable Portion (Net Practice Receipts - Office Rent - Utilities - 60% Staff Costs) + (Allocable Portion x Designated Health Services) - Billing Portion (Practice Expenses + 40% Staff Costs) - Employee Direct Costs, 7, On March 31, 2005, the practice closed, and Charan's employment with Iron Ridge ended, 8, Although Charan's employment with Iron Ridge ended in March, 2005, she generated charges of$567,05, $389,04, and $269,03 on Iron Ridge's Cingular cell phone account from April to June, 2005, See Exhibit "A", 9. Iron Ridge purchased medical instruments for use by Charan totaling $1,090,00. See Exhibit "B", 10, As per the oral employment agreement, Charan owes Iron Ridge $1,599.33 in lost wages (income minus expenses), See Exhibit "C", 1 L Even though Iron Ridge has notified and billed Charan for these outstanding charges, Charan has refused to pay Iron Ridge for any of the outstanding balances, 12. Iron Ridge has incurred expenses of$85,OO for District Court judgment costs, See Exhibit "D". 13, As of the date of the filing of this action, a balance remains due, owing, and unpaid by Defendants in the amount of$3,380,53. 2 II I. COUNT I Uniust Enrichment 14, Iron Ridge herby incorporates paragraphs 1 through 13, inclusive, of this Complaint as iffully set forth herein, 15, Charan used Iron Ridge's cellular phone account after her termination of employment for Iron Ridge, 16. Because Charan has refused to reimburse Iron Ridge for those charges, Iron Ridge has incurred damages of$1,225,12. See Exhibit "A". 17, Charan continues to use equipment provided to her by Iron Ridge, 18, Because Charan has refused to either reimburse Iron Ridge or return the instruments Iron Ridge purchased, Iron Ridge has incurred damages of $1,090.00 on this Count See Exhibit "B", WHEREFORE, Iron Ridge Family Practice, P,C, respectfully requests that this Honorable Court enter judgment on this in its favor and against Meena Goil Charan. Because the damages, the costs of this action, attorney's fees, and such other relief that this Court may deem reasonable are within the $25,000 limit stated In Cumberland County Rc'P, 1301-1, Iron Ridge hereby requests compulsory arbitration, COUNT II Breach of Contract 19, Iron Ridge herby incorporates paragraphs 1 through 18, inclusive, of this Complaint as if fully set forth herein, 20, Defendant willingly orally agreed to the compensation terms stated in Paragraph 6 of this Complaint 21. At time of the termination of Char an's employment with Iron Ridge on March 31, 2005, Charan had a total negative balance of$1,599.33, See Exhibit "c", 3 11. 22, To date, Charan has ignored Iron Ridge's repeated attempts to collect the negative balance and has not reimbursed Iron Ridge, 23, Because of Charan's refusal to reimburse Iron Ridge, Iron Ridge has incurred damages on this Count in the amount of$I,59933, WHEREFORE, Iron Ridge Family Practice, P.e. respectfully requests that this Honorable Court enter judgment in its favor and against Meena Goil Charan for $3,380.53 plus the costs of suit. Because the damages, the costs of this action, attorney's fees, and such other relief that this Court may deem reasonable are within the $25,000 limit stated in Cumberland County R.e.P, 1301-1, Iron Ridge hereby requests compulsory arbitration, Respectfully submitted, Date: 71t/o {, SMIGEL, AND~RSO~& SACKS, L.L.P. fJ$ It( 10M Peter M, Good, Esquire - ID #64316 Susan M, Zeamer, Esquire - ID # 82023 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, P A 1711 0 Attorneys for Plaintiff 4 ,W."-UI~~' Ib:IU ~I(IJ~ (HI)MAR 1D 20D6 U:/Sc, 447/No. 6829694759 P T-2T5 PDO.fDOi F-27D F ~.'0i~ VERIFlCATIO.N The undeISigned hereby verifies that he is an authorized representative of the name,j Plaintiff in the foregoing action, that the facts sel forth in the Complaint 3Ie trUe and correct to? the best of his knowledgc, information, and belief, and further stalcs that false statements herein are madc subjcct to he penalties of 18 Pl.. C.S,A. 9 4904 rclating to unsworn falsification I,) authorities, Date: ~ I -.' --------------- - [;xh} [" t A FROM :APPLEBY ACCOUNTING FAX NO, :8142593555 Aug. 29 2005 09: 13AM P2 Iron Ridge Family Practice P C &80 Poplar Ch.urch. Rd, Camp Hill, PA 17011-2205 Invoice Date 8/2912005 I nvoioe # 500 BUlTo MeeDB Cluunn, hID P,O, No, Terms ' Project J , ',k Q . . Ilnnfi!.II!t./' '. uantity Description Rate Amount 1 Shere ofPartnersbip l.os$ through March 3], 2005 1,599,33 1,599,33 Credit for Aetna Cbeck 11I',$39&829 -394,% .394,96 Credit for Ao:ma Check .246&0109 -li8,77 -li&.77 Credit for Aetna Check .]9477211 45,S] 45,S] InsInJmcnt.> 1,090,00 ],090,00 CiDguIar broice dated 413/05 567,05 567,05 CinSUlar Invoice dsIcd 513105 3&9,04 389.04 NOm: The J.oos II\IO\ll\t bas been adjllSled 10 n:Jlool your payment of tile ma/pnlctice insurance premium. Total $3,025,&8 1 Iron Ridge Family Practice P C 880 Poplar Church Rd, Camp Hill, PA 17011-2205 Invoice Date Invoice # 6/9/2005 429 Bill To Charan, Meena MD 890 Poplar Church Road Suite 200 Camp Hill, PA 17011 [BILLED JUN 0 9 2.00S P,O, No, Terms Project Net 30 Quantity Description Rate Amount Cingular Wireless bill 5/2/05-6/2/05 269,73 269,73 We appreciate your prompt payment. Total $269,73 E>:hiP B INSTRUMENTS SOLD TO MEENA CHARAN MD Rental of Nitrous Oxide (1 month) Cryo U100 Kevorkian Young 10" Sklar Punch Tischler Biopsy Walach Forceps Biopsy Tischler Inf Walach Forceps Retractor, Vaginal Sims Obi End #3 Drsng Serr 10" Sklar Forceps Mayo Hagar Needle Holder Kuvorkian Curette Speculum $ 5,00 $ 550,00 $ 140,00 $ 125,00 $ 125,00 $ 30,00 $ 10,00 $ 40,00 $ 20,00 $ 45,00 $ 1,090,00 ------ tXh)bdfL FROM :APPLEBY RCCOUNTING FRX NO. :8142593555 Rug, 29 2005 09:13RM P3 IRON RIDGE FAMILY PRACTICE DISTRIBUTION OF PRACTICE LOSS AS OF 3/31/2005 . Year Ended Dr. Geraei Dr. Weber Dr. Charan Dr. Konklln Total Dee 2000 $ 156.77 $ -18,191.23 $ 0.00 $ 0:00 $ -18,032,46 Dee 2001 $ -14,037.35 $ -93,662.77 $ 0.00 $ 0,00 $ -107,900.12 Dee 2002 $ 51,089.86 $ -39,465.57 $ 0.00 $ 0,00 $ 11,624.29 Dee 2003 $ -4,346.69 $ 17,084.30 $ -930.81 $ 0.00 $ 11,806.80 Dee 2004 $ -19,303,24 $ 19,178.06 $ 1,395.85 $ -2,147.92 $ . -877.25 At 3/3112005 $ 127,66 $ 1,979.88 $ -2,064.37 $ 0.00 $ 43.17 IRFP Remaining Debt $ -112,500,00 TOTAL $ -98.810.99 $ -113,277.33 $ -1,599.33 $ -2147.92 Is -103,335.57 "'ROM : APPLEBY RCCOUNT I NG FRX NO. :8142593555 Aug, 29 2005 09: i4AM P4 Iron Ridge Family Practice Yeir To Date 3/31/2005 Allocation of Revenue and Indirect Expenses Geraci Weber Cha..n Totals plMlldlln ChsNM$ Totals $ 30,404.00 $ 21.178,08 $ 80,828,76 $ 132,210,84 Peteenlage 23.00% 18.02% 60.98% 1.00 Phvsklan A.r!IDOtl\tm&ntS TocaJ Appointments 77.5 81.25 305.75 464.50 % ofTolal 16.68% 17.49% 65.82% 1.00 Gerael Weber eha..n Unclaulld Total Ordinary Income Miscellaneous Income 0,00 0,00 0.00 690.63 690.63 Petient Fees 0.00 0.00 0.00 133,594.81 133,594,81 Total Income 0,00 0.00 0,00 134.285.44 134,285,44 A11oeatecllncome 30,881.09 21,S10AO 81,893.95 0.00 134,285.44 Expenses F'lXed Costs Rent _9.493.30_ ~._-- .-.------ lltlIHies 2.225.2B Slaff Costs (80%) 29.743,&0 41,0462.1B T alai Fixed Costs (2) 6,917,60 7.252.53 27 ,291.M Variable Costs Staff Costs (40%) 19,829.07 Other Variable Costs 32.648.54 TOlal Variable Costs (3) 52.477.61 12.088,07 8.406.08 32,003,<(6 Direct Costs 11.767,56 3.B71.90 24,663,02 40,302,48 T olal ADocated Costs 30,753.43 19,630,62- 83,958.32 0.60 134,242.27 Allocated Net Income 127.88 1.971,88 -2,0$4037 0.00 43.17 (1) Income Allocated based on each Physician. peroentage of Chalges to Total Practice Charges ' (2) FIXed CoslS AHocated based on ea"" Physldan. percentage of Scheduled Hours 10 Total Practice Scheduled Houl$ (3) Variable Costs based on each Physicians percentage of Charges to Total Practice Charges /' \ \_ ,} J) LX. y\1 Y-J /1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-02 NOTICE OF JUDGMENTfTRANSCRIPT PLAINTIFF: CIVIL CAN~M~"dADDRESS 'IRON RrDGE FAMILY PRACTICE I PO BOX 235 CAMP BILL, PA 17001-0235 L ~ VS. Mag_ Ois!. No. MOJ Name: Hon. ROBERT V. MANLOVE Add"'" 1901 STATE ST CAMP BILL, PA Teleph",e (717) 761-0583 17011-0000 DEFENDANT: NAME and ADDRESS 'cB:uAN, IlEElI1A GOIL 890 POPLAR. CBR.CB RD APT/STE MEDICAL ARTS BLDG ~ BILL, PA 17011 I 200 IRON RIDGE FAMILY PRACTICE PO BOX 235 CAMP BILL, PA 17001-0235 Docket No,: CV-0000594-05 Date Filed: 11/22/05 ~ . THIS IS TO NOTIFY YOU THAT: Judgment: DEPAM.T .TTI'Ilt2M1nrr. PLTP 00 00 Judgment was entered for: (Name) TRnw RTnn1l! Il'IUITT.V 1>RIU"'TTI"'1l! Judgment was entered against: (Name)._ l'IfILVIt.W, "1l!R1ITIt. tXlTT. in the amount of $ ::l, 11 0 AA on: (Date of Judgment) 2/0li/OI!i. ". . o Defendants are jointly and severally liable, o Damages will be assessed on: o This case dismissed without prejudice, (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 3.025.88 $ 85.00 $ .00 $ .00 $ 3.110.88 O Amount of Judgment Subject to Attachment/42 Pa,C,S, S 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN ~o DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT.IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURmER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE, UNLESS mE JUDGMENT IS ENTERED IN THE COURT OF cOMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT, ~ , Magisterial District Judge Date e judgment , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315,05 DATE PRlli1TED: 2/06/06 10:12:51 AM II" IRON RIDGE F AMIL Y PRACTICE, P,c., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, : No. 06-918 CIVIL MEENA GOIL CHARAN CNIL ACTION - LAW Defendants, CERTIFICATE OF SERVICE I, Peter M, Good, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: James J, Kutz, Esquire Post & Schell, P'c. 17 North Second Street 12'h Floor Harrisburg, P A 1710 1-160 1 SMIGEL, ANDERSON & SACKS, L.L.P. Date: J /Y /0 t ;JM. By: Peter M. Good, Esquire ID #64316 Susan M, Zeamer, Esquir - ID # 82023 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, P A 17110 Attorneys for Plaintiff II II II ". - IRON RIDGE FAMILY PRACTICE, P,C., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, : No. 06-918 CNIL MEENA GOIL CHARAN CNIL ACTION - LAW Defendants, PROOF OF SERVICE I, Peter M, Good, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I served a copy ofthe Plaintiffs Complaint upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on March 10, 2006, and addressed as follows: James J, Kutz, Esquire Post & Schell, P,C, 17 North Second Street 12th Floor Harrisburg, PA 17101-1601 Attorney of Record for Defendant Date: 1 /;y /0 6 B~ ~L,;;JN&SACKS'L'L.P' Peter M, Good, Esquire - ID #64316 Susan M, Zeamer, Esquire - ID # 82023 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 Atforneys for Plaintiff , IRON RIDGE FAMILY PRACTICE, p,c., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, : No, 06-918 CIVIL MEENA GOIL CHARAN : CIVIL ACTION - LAW Defendants. CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Plaintiff in the above-captioned matter, certify that I this day served a copy of the foregoing document upon the person( s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: James 1. Kutz, Esquire Post & Schell, p,c. 17 North Second Street 12th Floor Harrisburg, PA 17101-1601 Attorney for Defendant Date: ?/ fie t By: SMIGEL, ANDERSON & SACKS, L.L.P. ~11.~~ Peter M, Good, Esquire - ID #64316 Susan M, Zeamer, Esquire - ID # 82023 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA l7110 Attorneys for Plaintiff (') ~;; <, -Qq'. (r1~'" f2:f-' IJl 'r::; ';):"1 ':r~\_:; r-> c.? ,:;:;:, 0" -::;:. ~ - Cf' ::2. :::;, -' c:. ... ~-n n'e '.-O~ ",1\-' ......., ).-, '?~~ ~--\ 7 ',-;0 ~ ~ t'" C:. IRON RIDGE FAMILY PRACTICE, P,C,,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. MEENA GOIL CHARAN, Defendant No, 06-918 CIVIL CIVIL ACTION - LAW NOTICE TO PLEAD TO: Iron Ridge Family Practice, P.C. clo Peter M, Good, Esquire Susan M, Zeamer, Esquire Smigel, Anderson & Sacks, LLP, River Chase Office Center, 3rd FI. 4431 North Front Street Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed Answer, New Matter and Counterclaim to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you, Date: Lj I:p- D / D-{ CPH 308662vl POST & SCHELL, P,C, Attorney for DefendantlCounterclaimant Dr, Meena Goil Charan IRON RIDGE FAMILY PRACTIC, P.C" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v, No, 06-918 CIVIL MEENA GOIL CHARAN, CIVIL ACTION - LAW Defendant ANSWER WITH NEW MATTER AND COUNTERCLAIM TO COMPLAINT OF PLAINTIFF Defendant, Meena Goil Charan, MD, ("Dr. Charan"), through her attorneys, Post & Schell, P.C, files the following Answer with New Matter and Counterclaims to the Complaint of Plaintiff, as follows: 1. Upon information and belief, ~ 1 is admitted, 2, Admitted. Jurisdiction and Venue 3, Paragraph 3 states a conclusion of law which requires no response, 4. Paragraph 4 states a conclusion of law which requires no response, Response to Alleaations Concernina Factual Backaround 5, Denied as stated. It is admitted that in November of 2003, Dr, Charan began to work as a physician for the benefit of Iron Ridge. However, as set forth in more detail below, the agreement was not the agreement alleged in ~ 6 of the Complaint. 6, Denied, There was no oral agreement between Iron Ridge and Dr. Charan which calculated compensation as set forth in ~ 6, To the contrary, Dr. Charan was promised by Iron Ridge that she would be reasonably compensated for her valuable services, but no oral agreement was ever agreed to and, in fact, a written agreement was proposed to Dr. Charan and, after consultation with legal counsel recommended by Plaintiff, Dr. Charan chose not to sign said agreement 7, Admitted in part and denied in part It is admitted that the practice closed on March 31, 2005 by reason of the unilateral and unjustified actions of the President of Iron Ridge, to wit: G.C, Geraci, MD, Long after Dr. Charan committed to working for and being paid by Iron Ridge, Dr. Geraci unilaterally chose to stop working at the Iron Ridge practice, accept a job with the Commonwealth of Pennsylvania, and thus leave Iron Ridge in an untenable position financially and professionally, 8, Denied as stated, First, it is denied that the employment relationship between Dr. Charan and Iron Ridge was that as alleged in ~ 6. Beyond that, page two of Exhibit "A" references only a Cingular Wireless bill for $269.73, and it is denied that Dr. Charan owes the full amount itemized in ~ 8. At most, Defendant would owe for the months of April and May, 9. Denied as stated, It is admitted that Iron Ridge purchased certain medical instruments for Dr. Charan, However, not all those instruments were retained by Dr. Charan and, in any event, Dr. Charan has agreed to compensate Iron Ridge for those instruments, conditioned upon Iron Ridge compensating Dr. Charan for the 2 valuable services she provided to Iron Ridge from November of 2003 until nearly 9 months later when Iron Ridge began to compensate Dr. Charan at $7,000 per month, 10, Paragraph 10 is denied, Dr. Charan does not owe Iron Ridge any monies, but, to the contrary, it is Iron Ridge that owes Dr. Charan at least $63,000 for professional medical services properly provided from November, 2003 through August, 2004, 11, Paragraph 11 is denied, Dr. Charan has agreed to pay for any outstanding charges which are rightfully owing, however, for the reasons set forth herein, it is Iron Ridge which owes substantial monies to Dr. Charan, rather than Dr. Charan owing any monies to Iron Ridge, 12, Paragraph 12 is, upon information and belief, admitted, However, it is respectfully denied that Iron Ridge is entitled to any judgment for the reasons set forth herein, 13, Denied, It is expressly denied that Dr. Charan owes monies to Iron Ridge in any amount and, therefore, proof of the allegation is demanded, COUNT I . Uniust Enrichment 14. Dr. Charan hereby incorporates ml1-13 inclusive of her Answer as if fully set forth herein, 15, Admitted in part. It is admitted that Dr. Charan utilized a cell phone account for approximately two months after Iron Ridge unilaterally closed its doors, leaving Dr. Charan without an ongoing stream of income. However, for the reasons set 3 forth herein, the amount of any cellular phone account purportedly owed by Dr. Charan to Iron Ridge is more than offset by the monies owing to Dr. Charan from Iron Ridge, 16, Denied. For the reasons set forth above, Dr. Charan denies that Iron Ridge has incurred any damages to which they are entitled. 17, Paragraph 17 is admitted in part. Dr. Charan does continue to utilize certain equipment provided to her, however, the value of that equipment is far less in value than the monies currently owed by Iron Ridge to Dr. Charan and under principles of setoff and estoppel, Iron Ridge should be precluded from seeking any monies for the equipment. 18, Paragraph 18 states a conclusion of law which requires no response. To the extent it is deemed an averment of fact, the allegation is denied for the reasons set forth in this Answer. WHEREFORE, Defendant/Counterclaimant, Dr. Charan, respectfully requests that this Honorable Court enter judgment in her favor on Count I. COUNT II - Breach of Contract 19. Dr. Charan hereby incorporates ml1-18 inclusive of her Answer as if fully set forth herein. 20, Paragraph 20 is expressly denied, Defendant never agreed to work gratis for nine (9) months for Iron Ridge and there never was any meeting of the minds concerning an oral agreement which, curiously, would have caused Dr. Charan to have worked for nothing and still owed money to Iron Ridge, 4 21, Denied, The allegation set forth in ~21 as premised upon the supposed oral agreement referenced in ~ 6 which never went into effect and never was agreed to between and among the parties, 22. Paragraph 22 is denied. To the contrary, Dr. Charan has responded repeatedly to Iron Ridge's improper demands for compensation in view of the thousands of dollars owing to Dr. Charan by Iron Ridge, 23, Paragraph 23 states a conclusion of law which requires no response, To the extent it is deemed an averment of fact, the allegation is denied, WHEREFORE, Defendant/Counterclaimant, Dr. Charan, respectfully requests that this Honorable Court enter judgment in her favor on Count II. NEW MATTER 24, The Complaint and its Wherefore clause fail to state a claim upon which relief may be granted, 25, The Complaint fails to state a cause of action for unjust enrichment. 26, Count II of the Complaint fails to state a claim upon which relief may be granted, 27. Shortly before the time Plaintiff began to perform professional medical services for the benefit of Iron Ridge, to wit: in November of 2003, a proposed employment contract was provided to Dr. Charan by Iron Ridge. 5 28, Iron Ridge suggested that Dr. Charan have the agreement reviewed by a law firm and, based upon the review by that law firm, Dr. Charan elected not to enter into the proposed written agreement. 29, Dr. Charan paid for the legal advice received and advised Iron Ridge that she needed to be compensated at a level and arrangement different than the proposed agreement proffered to her. 30, Over the next 9 months, Dr. Charan worked without being paid anything by Iron Ridge, yet having provided valuable medical services and Iron Ridge having received significant payments for those medical services provided, 31, In September, 2004, Iron Ridge finally agreed to pay Dr. Charan $7,000 per month, which payments continued, except for a final paycheck in the amount of $3,500 which Iron Ridge withheld up until the time Dr. Geraci unilaterally closed Iron Ridge, 32, Accordingly, the minimum value and benefit to Iron Ridge by reason of the professional services of Dr. Charan is in the amount of $7,000 per month, which computes to $66,500 (i,e, , $7,000 x 9 months plus $3,500) in value received by Iron Ridge and for which Dr. Charan was not compensated, 33, The President of Iron Ridge, Dr. Geraci, utilized Iron Ridge to run other businesses but failed to properly allocate from a tax and cost perspective, the cost of doing business by those collateral businesses which were only for the benefit of Dr. Geraci and not the other Doctors of Iron Ridge, 6 34. Assuming, arguendo, any employment agreement existed, that agreement was breached by Iron Ridge and its President, by reason of the President's decision to stop working at Iron Ridge, assume a job with the Commonwealth of Pennsylvania, and then unilaterally close the Iron Ridge facility at a time when Dr. Charan finally started to receive monies, WHEREFORE, for the foregoing reasons, it is respectfully requested that all claims of Plaintiff be dismissed with prejudice, COUNTERCLAIM Uniust Enrichment 35, Paragraphs 1-34 are hereby incorporated by reference, 36, From November of 2003 through August of 2004, Dr, Charan provided valuable services to Iron Ridge in the form of professional medical services for which she was not paid and at which point in time she was supposed to be paid. 37, No agreement was ever entered into formally between Iron Ridge and Dr. Charan. 38, Iron Ridge wrongfully withheld a final payment of $3,500 from Dr. Charan, 39, By reason of the valuable services and benefits received by Iron Ridge, Iron Ridge was unjustly enriched, WHEREFORE, for the foregoing reasons, it is respectfully requested that a judgment be entered in favor of DefendanUCounterclaimant, Dr. Meena Goil Charan, and against Iron Ridge in the amount of Sixty-Six Thousand Five Hundred Dollars 7 ($66,500,00), said sum constituting 9 months of valuable medical services at a monthly benefit of Seven Thousand Dollars ($7,000,00) plus Three Thousand Five Hundred Dollars ($3,500.00) for the wrongfully withheld final compensation payment BREACH OF CONTRACT 40. Alternatively, to the extent an agreement existed, then DefendanVCounterclaimant has a breach of contract claim for Seven Thousand Dollars ($7,000.00) for 9 months of service plus Three Thousand Five Hundred Dollars ($3,500,00), which, again, computes to Sixty-Six Thousand Five Hundred Dollars ($66,500.00) to which she is entitled, WHEREFORE, for the foregoing reasons, it is respectfully requested that this Court enter judgment in favor DefendanVCounterclaimant, Dr. Charan, and against Iron Ridge in the sum of Sixty-Six Thousand Five Hundred Dollars ($66,500,00) plus interests and costs, Respectfully submitted, POST & SCHELL, P,C. - ~-':' ,~,.Si.\.~,. __ ./' Ja , Kutz, Li~ Attorne I.D,21589 ' 17 North 2nd Street, 1 ih FI. Harrisburg, PA 17101 (717) 612-6038 ! Date: Attorneys for DefendanVCounterclaimant, Dr. Meena Charan Goil nl, 8 VERIFICATION I, Dr. Meena Gail Charan, do hereby swear and affirm that the facts and matters set forth in the foregoing documents are true and correct to the best of my knowledge, information, and belief The undersigned understands that the statements made thereiin are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities, DATE: ~\\1\,Ob ,~.tAA8 r.A.CiA.ti>vvJ Dr. Meena Gail Charan CERTIFICATE OF SERVICE I, James J. Kutz, Esquire, hereby state that I have this day caused to be served a true and correct copy of the foregoing Answer with New Matter and Counterclaim to Complaint of Plaintiff upon the persons and at the addresses below named, by U,S, Mail, First-Class, postage prepaid: Peter M, Good, Esquire Susan M. Zeamer, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, PA 17110-1709 POST & SCHELL, P.C. Date: Lf )~1~ ! .0-6 ~--.-- .,,-- BY:'~'<;' Ja~, Esquire - SMIGEL, ANDERSON & SACKS, LLP River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-240 I Peter M. Good, Esquire pgood@sasllp,com Attorney tor Plaintiff IRON RIDGE FAMILY PRACTIC , P.c., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. MEENA GOIL CHARAN Defendants. : No. 06-918 CIVIL CIVIL ACTION - LA W P ECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark this acti n settled, dismissed, and discontinued with prejudice. SMIG'1M.ON & SAC Peter M. Good, Esquire 4431 North Front Street, 3rd Floor Harrisburg, P A 17110 Attorney for Plaintiff Date: J (((/a 7 Respectfully submitted, ,LLP Jani 17 North nd Street, 12th Floo Harrisburg, PA 17101-1601 Attorney for Defendant _ 1 CE TIFICATE OF SERVICE I hereby certify that a copy of the Praecipe to Discontinue was served upon the following, by depositing a true and orrect copy in the first-class mail, postage prepaid in an envelope addressed as follows: James J. Kutz, Esquire Post & Schell, P.C. 17 North Second Street I zth Floor Harrisburg. P ^ 17101-1601 S N & SACKS, LLP By: Peter M. Go d, Esquire I.D. #64316 River Chase Office Center, 3rd Fir. 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneyfor Plaintiff () c ~rrJ G~~ ~;: _<" J' .~r=; ~'c=' "';':1"- ::;j -< l"-.) = = -.I ::E: > ::;0 f".) o I'] ~ rn:9 r- -um :o~ o -.':..1 .) :-r.::;tj 0- -7(") Om -I )> ;:0 -< -0 3: ,J;.- -.J