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Home My WebLink About02-1989IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff JUDITH ZABINSKI Defendant NO. CIVIL ACTION- LAW/EQUI ,TY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against tl~e 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 attorney and filing in writing with the court your defenses or objections to the claims ~et forth against you. You are warned that if you fail to do so the case may proceed without ybu and a judgment may be entered against you by the court without further notice for o-ny money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyers Reference Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 SHERIFF'S C~SE NO: 2002-01989 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTY OF CUMBERLAIqD CLAREMONT VS ZABINSKI JUDITH Thomas Kline RETURN - OUT OF COUNTY duly sworn according to law, and inquiry for the within named DEFENDANT ZABINSKI JUDITH but was unable to locate Her deputized the sheriff of DAUPHIN serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: He therefore Pennsylvania, in his bailiwick. County, - EQUITY to On June 12th , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 29.25 .00 66.25 06/12/2002 LATSHA DAVIS YOHE R./ Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of ~_~ / A.D. ~ t Prot~o~offary Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW:June 7, 2002 COMPLAINT ZABINSKI JUDITH to HER of the original : COUNTY OF CUMBERLAND CLAREMONT NURSING vs : ZABINSKI JUDITH Sheriff's Return No. 1354-T - -2002 OTHER COUNTY NO. 02-1989 at 3:llPM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY SHERIFF'S OFFICE, RM. 104 FRONT &MARKET STREET HBG, PA 17101-0000 Sworn and subscribed to before me this 10TH day.JUNE, 2002 PROTHONOTARY So Answers, Sheriff's Costs:S29.25 PD 05/24/2002 RCPT NO 164806 REDMOND In The Court of Common Pleas of Cumberland County, Pennsylvania County of CLrnberland, Claremont Nursin§ & Rehabilitation Center VS. Judith Zabinski SERVE: Judith Zabinski No. 02 1989 civil ]N-OW, May_ 211 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of r~auphha County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within ,20 , at o'clock __ M. served the upon at by handing to and made l~nown to . copy of the original So answers~ the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, : CLAREMONT NURSING AND : REHABILITATION CENTER, : Plaintiff : : v. : NO. : : JUDITH ZABINSKI : Defendant : CIVIL ACTION - LAW/EQUITY AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea d~fenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe ton~ar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia es~rita y radicando en la Corte por escrito sus defendsas de, y objecciones a, las demandas preSentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier Suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio s01icitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Lawyers Reference Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 71754 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff JUDITH ZABINSKI Defendant CIVIL ACTION - LAW/EQ~ COMPLAINT AND NOW, COMES, Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center, by and through its attorneys, Latsha Davis & Yohe, P.C., and files the within Complaint against Defendant, Judith Zabinski, and in support thereof, provides as follows: 1. Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center (hereinafter "Claremont"), is a county residential and long-term nursing care facility whose offices are located at 1000 Claremont Road, Carlisle, Pennsylvania 17013. 2. Defendant, Judith Zabinski (hereinafter "J. Zabinski'), is an aduit individual currently residing at 91 Lee Street, Winchester, VA 22601. 3. At all times relevant hereto, Defendant J. Zabinski was the attorney-in-fact and person responsible for the financial affairs of Catherine R. Noel, who resided ~t Plaintiff Claremont's nursing care facility located at 1000 Claremont Road, Carlisle, Pe~sylvania 17013-8805, until she passed away on January 20, 2000. A true and correct copy of the Power of Attorney is attached hereto as "Exhibit A." 4. On or about November 5, 1998, Catherine R. Noel, by and through her attorney- in-fact Defendant J. Zabinski, made application for admission to Plaintiff Claremont's nursing care facility located at 1000 Claremont Road, Carlisle, Pennsylvania, i17013-8805. A true and correct copy of the Application for Nursing Home Admission ("Application") is attached hereto as Exhibit "B.' 5. Plaintiff Claremont accepted Catherine R. Noel as a resident or~ or about November 5, 1998, based upon the representations made by her attorney-in-~act Defendant J. Zabinski. See Exhibit "B.' 6. On November 5, 1998, Plaintiff Claremont and Catherine R. Noel, by and through her attorney-in-fact Defendant J. Zabinski, entered into an Admissio~ Agreement ("Agreement"). A true and correct copy of the Agreement is attached hereto Es Exhibit "C.' 7. Pursuant to the Agreement, Plaintiff Claremont agreed to provi~le Catherine R. Noel with nursing care and services in exchange for the payment of a specific monetary fee. 8. Pursuant to the Agreement, Catherine R. Noel agreed to pay Plaintiff Claremont from her assets and/or resources for the nursing care and servicesi which Plaintiff Claremont rendered to her. 9. Defendant J. Zabinski, pursuant to the Power of Attorney referenCed herein, had a fiduciary duty to perform Catherine R. Noel's duties under the Agreement, specifically to use Catherine R. Noel's assets and/or resources to compensate Plaintiff CIE remont for the nursing care and services that it rendered to Catherine R. Noel. 2 10. Defendant J. Zabinski failed to use Catherine R. Noel's assets and/or resources to pay Plaintiff Claremont for the nursing care and services that Catherine R! Noel received at Plaintiff Claremont's nursing care facility. 11. Upon information and belief, Defendant J. Zabinski breached her fiduciary duties owed to Catherine R. Noel, to which Plaintiff Claremont was a beneficial party, by converting Catherine R. Noel's assets and/or resources to herself and/or others. 12. Upon information and belief, in her capacity as Catherine R. N0el's attorney-in- fact, Defendant J. Zabinski transferred and distributed Catherine R. Noel's assets and/or resources identified in Exhibit "B' to herself and/or others in contravention of her fiduciary duties owed to Catherine R. Noel. COUNT I - BREACH OF FIDUCIARY DUTY Plaintiff Claremont v. Defendant ~udith Zabinski 13. Paragraphs 1 through 12 above are incorporated herein by reference as if fully set forth at length. 14. Defendant J. Zabinski, at all material times to this cause of action, represented herself to be Catherine R. Noel's attorney-in-fact and person responsible for her financial affairs. See Exhibit "A.' 15. Defendant J. Zabinski, at all material times to this cause of action, acted as Catherine R. Noel's attorney-in-fact and person responsible for Catherine R. Noel's financial affairs in dealing with Plaintiff Claremont. 16. As Catherine R. Noel's attorney-in-fact and person responsible f ~r her financial affairs, Defendant J. Zabinski had a fiduciary duty to Catherine R. Noel, to wt ich Plaintiff 3 Claremont was a beneficial party, to insure that Catherine R. Noel's account with Plaintiff Claremont was kept current by using Catherine R. Noel's assets and/or resources to pay Plaintiff Claremont for the nursing care and services that it rendered to Catherine R. Noel. 17. Defendant J. Zabinski breached her fiduciary duties owed to Catherine R. Noel, to which Plaintiff Claremont was a beneficial party, by failing to use Catherine R. Noel's assets and/or resources to keep her account with Plaintiff Claremont current, and, instead converting and/or fraudulently transferring Catherine R. Noel's assets and/or resources to herself and/or others. 18. As Catherine R. Noel's primary care giver, entity responsible for her day-to-day care, and beneficiary of the Power of Attorney entered into by the Defendant ~. Zabinski and Catherine R. Noel, Plaintiff Claremont, as a direct result of Defendant J. ZabinSki's breach of her fiduciary duties, has incurred damages in the amount of Sixty-Eight ThoUsand One Hundred Twenty-One and 12/100 Dollars ($68,121.12). WHEREFORE, Plaintiff Claremont demands judgment in its favor and against Defendant J. Zabinski in the amount Sixty-Eight Thousand One Hundred Twenty-One and 12/100 Dollars ($68,121.12) and such other relief as deemed appropriate. COUNT II - CONVERSION Plaintiff Claremont v. Defendant Judith Zabinski 19. Paragraphs 1 through 18 above are incorporated herein by reference as if fully set forth at length. 7~754 4 20. Upon information and belief, Defendant J. Zabinski has misappropriated, converted and deprived Catherine R. Noel of her right in, use and/or possession of those assets and/or resources identified in Exhibit "B." 21. Upon information and belief, Defendant J. Zabinski's misappropriation, conversion and deprivation of Catherine R. Noel's right in, use and/or possession of those assets and/or resources identified in Exhibit "B" were beyond her authority as Catherine R. Noel's attorney-in-fact and with the intent to hinder or delay the transfer of Catherine R. Noel's assets and/or resources to Plaintiff Claremont. 22. As a result of the foregoing unlawful actions of Defendant J. Za Claremont has incurred damages in the amount of Sixty-Eight Thousand On. Twenty-One and 12/100 Dollars ($68,121.12). WHEREFORE, Plaintiff Claremont demands judgment in its favor and! against Defendant J. Zabinski in the amount Sixty-Eight Thousand One Hundred Twenty-One and 12/100 Dollars ($68,121.12) and such other relief as deemed appropriate. COUNT III - FRAUDULENT TRANSFER Plaintiff Claremont v. Defendant ]udith Zabinski 23. Paragraphs 1 through 22 above are incorporated herein by reference as if fully set forth at length. 24. Upon information and belief, Defendant J. Zabinski, as Catherin~ R. Noel's attorney-in-fact, transferred those assets and/or resources identified in Exhibit "B" to herself or others without adequate consideration and for the purpose of hindering an~ delaying their transfer to Plaintiff Claremont. ~inski, Plaintiff Hundred 7~754 5 25. Upon information and belief, Defendant J. Zabinski accepted the aforementioned transfers of Catherine R. Noel's assets and/or resources with full knowledge that the purpose of their transfer was without the intent to pay Plaintiff Claremont for those nursing care and services that it rendered to Catherine R. Noel. WHEREFORE, Plaintiff Claremont demands judgment in its favor and against Defendant J. Zabinski in the amount of Sixty-Eight Thousand One Hundred Twenty-One and 12/100 Dollars ($68,121.12) and such other relief as deemed appropriate. Respectfully submitted, LATSHA DAVIS & YOHE, P.C. Dated: Chadwick O. Bogar, Esq. Attorney I.D. No. 83755 P.O. Box 825 Harrisburg, PA 17108-0825 (727) 761-1880 Attorneys for Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center 7a754 6 84/18/2882 88:48 7172481977 CNRC PAGE 82 The undersigned hereby verifies tha~ the statements of ~act in the foze~oh!g Complaint are true and ('on'eot ~o the ~e~ ~ my ]mowlectge, h-~eo~haitton and belial. I understa.nd that arty tal~ state,,ent~ therein are ~ubject to th~ penalties contairta~I in 18 Pa. C. 5- § 490t, ~elath~g to urn, yom ~alsi~ication ~o au~orltles. ¢o~mty of Cwa~'la,-~ ~axea'aont N~rain~ and Rehabilitation Center FEB.-18'OO{FRI) 16:12 CNRC MEDICAL RECORDS TEL:717 240 1934 P. O04 PO#eR OF A~RNE¥ CATHERINE of 1207 Fifth Street, Cresson, Cambria County, Pennsylvania 16630, being of sound mlnd, memory and understanding, have constituted, made and appointed, and by these presents do constitute, mak~ and appoint my granddaughter, Judith zablnskt, my true and lawful ~ttorney, and hereby revoke any Powers of Attorney at any time heretbfore made by ms: 1 To ask, demand, sue for, recover and receive all sums of money, debts, goods, merchandise, chattels, effects ~nd things of whatsoever nature or description which are now or hereafter shall be or become owing, due, payable, or belonging to me In afl by any right whatsoever, and upon receipt thereof, to make, sign{, execute and deliver sUCh receipts, releases or other discharges I~or the same, respectfully as she shall think fit. 2. To deposit any moneys which may come lnt~ her hands as such attorney with any bank or banker, either in my or {his own name, and of such money or any other money to which ! am entitled, which now Is or shall be so deposited to withdraw as she shall ithink fit; to sign and e6dorse checks payable'to my order; and to have access to any and all safe deposit boxes registered in my name. 3. To sell, asfllqn, transfer~ and/or property belonging to me, including stocks, bonds, Government Obligations or other securities now standl hereafter stand or be registered in my name. United States ~g or that may FEB.-18'OO(FRI) 16:12 GNRG MEDICAL RECORDS P. O05 TEL:717 240 1934 4. To arrange for and consent to or to withhold medical, therapeutical and surgical procedures for me, Including the administering of drugs. 5. To apply for my admission Into medical, nursing, residential, rehabilitation, convalescent, or other similar facilities on my behalf, and to sign any consent or admission formb requfred by such facilities which are consistent with this power,l and to enter into agreements for my care by such facilities or elsewhere during my lifetime or fof lesser periods of time ae my agent may designate, Including the retention of nurses for my care. 6. In addition to the powers and discretion herein specifically given and conferred upon her, and notwithstanding any usage or custom to the contrary, to have the full power, right and authority to do, perform and to cause to be done and performed all such acgs, deeds, matters and things In connection wl~h my property and estate as she in her sole discretion, shall deem reasonable, necessary and proper, as fully, effectually and absoluflely as If she were the absolute owner and possesser thereof. 7. This Power of Attorney shall not be affected by my subsequent disability or incapacity. IN WITNESS WHEREOF, I have hereunto set my!hand and seal this t day of ~F[~ , leg6. signed, sealed and delivered in the presence of Catherine R. No, I: FEB.-18'O0(FRI) I6:13 CNRG MEDICAL RECORDS P. OO6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CAMBRIA TEL:717 240 1954 thle the On the undereigned officer, personally eppenred Ca%T~ERINE R. to me, (or satisfactorily proven) to be the person subscribed to ~he within Power of Attorneyr and acknowle( executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto sot my has, land seal. 1996, before me, NOr/,, known rhoee name t9 ige~ that she Title of off: _a~l~ I hereby certify ~ha! this ~f'~~..~ document Is recorded in the' )Recorder o! Deeds Office D! . CAHBF, IA COUNTY, PENNSYLVANIA flocmder of Pead~ FEB.-18' O0(FR[)16:14 TEL:717 240 1954 P. 010 .~. , ,,,,~ : :.' ~.., ,... ;. ~. , .~ ', ~.'N ~.1,.,, : ~'~ , · FEB.-18'O0(FRll 16:15 CNRC MEDICAL RECORDS TEL:717 240 1934 CNRC MEDICAL RECORDS TEL:717 240 1934 FEB. -18' 00{FR[) 16:18 CNRC MEDICAL RECORDS TEL:717 240 1934 P. OI3 JJJJ .. ,..,.;,,. ~ -tL iii ~ont. JJ ,; ..... ' t,. ': 1'. ',, . ..,.j:...: .,~ :...: ,,,, ,,~,,,. , , ,' ,,~,:~,.,.~:.~, ~, .. -,-.. ;,'~, '.' ~-~. ',,;: .F' "~ L. I, ~, .~.,, ,., 5- ~.i'~' ' ~-. '. -,-, .... .., t ' ,, ,, .~,, , ~ .... .,:~I,. Nursing ol I:,,.,L,.A~,,I C,,,,.h~ ~arry W Par)cs. D,Ed.. N.H.A. ,4dministrator Residen~; N~ne As part oE a~l~e ~d agt~ Lo b~ follo~= t~ ~id~ ~bili~ati~ ~eist~ or ~dicare pr~r~, t~ ~sid~t ~11 ~y aaily ~re for ~ 3. ~ d~s n~ ~ ~ of ~ Reszde.t S_ ~t ........ Remid~t, ~he ~r heraiR ~}f~ted by~esident's disamll~y ~o~tinued. · · FEB.-18'OO(FRI) 16:12 CNRC MEDICAL RECORDS TEL:717 240 1934 P, O03 fi. If ~he reaident ~s ~eJ. ng co~r~ ~y the M~l~cal Pc~r~, ~he Residen~ and ~s~ible ~y r~i~ ~ all ~n~ Cla~on~ N~i~ and Reha~ili~a~ion ~enter, r~rdles~ of ~ day of ~ ~sld~ ~ Res~ible ~y a~ledge ~ Pr~r~, must ~ ~fd go Cla~ N=Sf~ ~d Be~bili~tion C~r. In~ ~t applied ~ c~rges for ~re ~11 ~ pla~ ~-Respormible ' Party Si~nabure IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff, JUDITH ZABINSKI, Defendant. NO. 02-1989 CIVIL ACTION - LAW/EQUITY PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint against the following Defendant: Judith Zabinski 2328 Vartan Court Harrisburg, PA 17110-9121 Respectfully submitted, Dated: -5'/1 ']/~~''''' LATSHA DAVIS & YOHE, P.C. ~,~-~6er L. Latsha (/ Attorney I. D. No. 3293~ Chadwick O. Bogar Attorney I.D. No. 83755 P. O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Plaintiff, County of Cumberland, Claremont Nursing & Rehabilitation Center 74859 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, : CLAREMONT NURSING AND : REHABILITATION CENTER, : Plaintiff, : : v. : NO. 02-1989 : : JUDITH ZABINSKI, : Defendant. : CIVIL ACTION - LAW/EQUITY PRAECIPE FOR DEFAULT JUDGMENT, ASSESSMENT OF DAMAGES, AND VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment in favor of the plaintiff and against the defendant above named for want of an answer, and assess the plaintiff's damages, exclusive of interest, as follows: Judgment in the amount of $68,121.12, plus interest. Understanding the false statements made herein are subject to penalty under 18 Pa. C.S.A. § 4904, Unsworn Falsification to Authorities, I verify that: 1. The above is the precise last known address of the Defendant. 2. The annexed notice of intention to file praecipe was mailed to defendant and to her record attorney, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 75739 3. The said defendant is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Relief Act and is over 18 years of age. Dated: Respectfully submitted, LATSHA DAVIS & YOHE, P.C. Chadwick O. Bog~ar Attorney I. D. No. 83755 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Plaintiff, Claremont Nursing & Rehabilitation Center This / ~ day of , % l~f ,2002, Judgment is entered in favor of Plaintiff and against Defendant by Default for want of an answer and damages assessed at the sum of $68,121.12, plus interest, as per the above certification. Notice given pursuant to Pa. R.C.P. 236. Prothonotary 76129 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, : CLAREMONT NURSING AND : REHABILITATION CENTER, : Plaintiff : : v. : NO. 02-1989 : : JUDITH ZABINSKI : Defendant : To: Judith Zabinski 2328 Varfan Court Harrisburg, PA 17110 CIVIL ACTION - LAW/EQUITY DATE OF NOTICE: July 8, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI'ITEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 Ch-'~adwick O. Bogar, Esq. Attorney I. D. No. 83755 Latsha Davis & Yohe, P.C. P. O. Box 825 Harrisburg, PA 17108 (717) 761-1880 Attorneys for Plaintiff, County of Cumberland Claremont Nursing and Rehabilitation CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe for Default Judgment, Assessment of Damages, and Verification of Address and Non-Military Service was served by first-class United States mail, postage prepaid, upon the following: Judith Zabinski 2328 Vartan Court Harrisburg, PA 17110 Dated: -'] - ~Kimber~y.~onahue Legal Secretary 76129 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, : CLAREMONT NURSING AND : REHABILITATION CENTER, : Plaintiff, : : v. : NO. 02-1989 : JUDITH ZABINSKI, Defendant. CIVIL ACTION - LAW/EQUITY RULE 236 NOTICE OF ENTRY OF ORDER, DECREE OF JUDGMENT To: Judith Zabinski 2328 Vartan Court Harrisburg, PA 17110 AND NOW THIS / ~L/~ day of dCo~/ , 2002, pursuant to Pa. R.C.P. 236 of the Supreme Court of Pennsylvania you are hereby notified that Judgment by Default in the amount of $68,121.12, exclusive of interest, has been entered in favor of the Plaintiff, Claremont Nursing & Rehabilitation Center, and against the Defendant, Judith Zabinski. The following parties are entitled to receive notice under Pa. R.C.P. 236(a)(2). Judith Zabinski 2328 Vartan Court Harrisburg, PA 17110 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY: CHADWICK O. BOGAR, ESQUIRE, at this telephone number: (717) 761-1880. Prothonotary 76129