HomeMy WebLinkAbout06-6506PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- &SU/ CIVIL TERM
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
CIVIL ACTION-LAW
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. 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 ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
PINEY PARTNERS, LP, IN THE COURT OF COMMON PLEAS OF
d/b/a Village of Laurel Run, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
NO. 2006- 1.506 CIVIL TERM
V.
JOSEPH A. BRESKI and CIVIL ACTION-LAW
NANCY L. BRESKI, husband
and wife,
Defendants.
COMPLAINT
NOW, comes Plaintiff, Piney Partners, LP, ("Laurel Run"), by and through its attorneys,
O'BRIEN, BARIC & SCHERER, and files the within complaint and, in support thereof, sets
forth the following:
1. Piney Partners, LP is a Pennsylvania limited partnership with its principal place of
business located at 6375 Chambersburg Road, Fayetteville, Adams County, Pennsylvania 17222.
2. Piney Partners, LP owns a facility located at 6375 Chambersburg Road,
Fayetteville, Adams County, Pennsylvania which provides assisted living and skilled care
residences.
3. Joseph A. Breski is an adult individual with a residence address of 217 Zion
Road, Newburg, Cumberland County, Pennsylvania 17240.
4. Nancy L. Breski is an adult individual with a residence address of 217 Zion Road,
Newburg, Cumberland County, Pennsylvania 17240 and is the spouse of Joseph A. Breski.
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5. On or about December 17, 2002, Evelyn S. Hull executed a Durable General
Power of Attorney appointing Nancy L. Breski and Joseph A. Breski as her agents. A true and
correct copy, of the Durable General Power of Attorney is attached hereto as Exhibit "A" and is
incorporated by reference.
6. Upon information and belief, the Durable General Power of Attorney was not
revoked or rescinded to the date of Evelyn S. Hull's death on August 23, 2006.
7. Nancy L. Breski is the niece of Evelyn S. Hull.
8. In October, 2005, Evelyn S. Hull sought to be admitted to the facility operated by
Laurel Run in Fayetteville.
9. In connection with being admitted to the facility, Joseph A. Breski, as the agent
for Evelyn S. Hull, executed a Facility Admission Agreement. A true and correct copy of the
Facility Admission Agreement is attached hereto as Exhibit "B" and is incorporated by reference.
10. Evelyn S. Hull became a resident of the facility on October 7, 2005 and remained
a resident until the time of her death.
11. As of the date of her death, there remained due and owing to Laurel Run the sum
of $17,889.92 accruing for the costs of care provided to Evelyn S. Hull by Laurel Run.
12. The Facility Admission Agreement bound Evelyn S. Hull to pay for the costs of
her care.
13. Nancy L. Breski and Joseph A. Breski, as agents for Evelyn S. Hull, were bound
to use the assets of Evelyn S. Hull to pay for the costs of her care at the facility.
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14. On or about March 10, 2006, Evelyn S. Hull, through her agents, Nancy L. Breski
and Joseph A. Breski, did convey certain real property owned by Evelyn S. Hull to Nancy L.
Breski and Evelyn S. Hull, as joint tenants with right of survivorship for and in consideration of
the sum of $1.00. Said deed of conveyance is recorded in the office of the Recorder of Deeds of
Cumberland County at Record Book 273, page 2996, et seq. and is incorporated herein by
reference.
15. Upon information and belief, the real property conveyed by Evelyn S. Hull
through her agents had a value of $110,000.00.
16. On or about March 29, 2006, Nancy L. Breski and Joseph A. Breski and Evelyn S.
Hull, through her agents, Nancy L. Breski and Joseph A. Breski, did convey the same real
property to Nancy L. Breski for the sum of $1.00.
17. At the time of the aforementioned conveyances, there were fees due and owing to
Laurel Run for the costs of care provided to Evelyn S. Hull.
18. The Facility Admission Agreement provides for late charges on outstanding
balances due in the amount of 18% per annum or 1.5% per month. Interest on the principal
balance due and owing is $388.08 as of November 6, 2006 with a per diem of $8.82 calculated
from September 23, 2006.
19. The Facility Admission Agreement provides for the recovery of reasonable
attorney fees by Laurel Run if the facility institutes and prevails in an action to collect amounts
due for the costs of care.
20. To the date of this pleading, no estate has been opened in the name of Evelyn S.
Hull.
COUNT I-BREACH OF CONTRACT
PINEY PARTNERS, LP v. JOSEPH A. BRESKI and NANCY L. BRESKI
21. Plaintiff incorporates by reference paragraphs one through twenty (20) as though
set forth at length.
22. All conditions precedent to recovery under the Facility Admission Agreement
have been fulfilled.
23. Joseph A. Breski and Nancy L. Breski have, without justification, failed and
refused to pay the amounts due for the costs of care for Evelyn S. Hull in breach of the Facility
Admission Agreement.
24. Joseph A. Breski and Nancy L. Breski were obligated to use the assets of Evelyn
S. Hull to satisfy the debt due and owing to Laurel Run for the services provided to Evelyn S.
Hull.
25. As a direct and proximate result of the breach, Laurel Run has incurred the
following damages:
a) $17, 889.92 due for the costs of care provided,
b) late charges of $388.08 to November 6, 2006 and
c) attorney fees and costs.
WHEREFORE, Plaintiff requests judgment be entered in its favor and against the
Defendants for the sum of $18,278.00 plus additional late charges accruing to the date of award
and attorney fees, costs and expenses.
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COUNT II-FRAUDULENT TRANSFER
PINEY PARTNERS, LP v. JOSEPH A. BRESKI and NANCY L. BRESKI
26. Plaintiff incorporates paragraphs one through twenty-five (25) as though set forth
at length.
27. The transfers of real property were made with the actual intent to hinder, delay or
defraud creditors of Evelyn S. Hull including Laurel Run.
28. The transfers of real property were made without receiving a reasonably
equivalent value in exchange and at the time of the transfers Evelyn S. Hull intended to incur, or
believe or reasonably should have believed that she would incur debts beyond her ability pay the
debts came due.
29. The transfers of real property were made without receiving a reasonably
equivalent value in exchange and at the time of the transfers Joseph A. Breski and Nancy L.
Breski, as agents of Evelyn S. Hull, knew that Evelyn S. Hull intended to incur, or believed or
reasonably should have believed that she would incur debts beyond her ability to pay as the debts
came due.
30. The transfers of real property were made without receiving a reasonably
equivalent value in exchange and Evelyn S. Hull was insolvent at the time of the transfers or
became insolvent as a result of the transfers.
WHEREFORE, Plaintiff requests the following:
a) avoidance of the transfers to the extent necessary to satisfy the claim of
Laurel Run;
b) an attachment or other provisional remedy against the assets transferred;
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C) appointment of a receiver to take charge of the assets transferred;
d) any other relief the circumstances may require.
COUNT III-CONCERTED ACTION
PINEY PARTNERS, L.P. v. JOSEPH A. BRESKI and NANCY L. BRESKI
31. Plaintiff incorporates by reference paragraphs one through thirty (30) as though
set forth at length.
32. Defendants, Joseph A. Breski and Nancy L. Breski, acted in concert with one
another pursuant to a common design to remove assets from Evelyn S. Hull for no consideration
rendering Evelyn S. Hull unable to pay her anticipated charges at Laurel Run.
33. Joseph A. Breski and Nancy L. Breski knew or reasonably should have known
that costs of care would be accruing for Evelyn S. Hull while she was a resident of the facility.
34. Joseph A. Breski and Nancy L. Breski knew that these charges would arise and
that by making the transfers of property owned by Evelyn S. Hull to themselves they would
render Evelyn S. Hull unable to pay for these costs.
35. Joseph A. Breski and Nancy L. Breski gave substantial assistance or
encouragement to one another to so conduct themselves, including , but not limited to, the
following:
a) designing a plan to convey for no consideration the real property of Evelyn S. Hull
to themselves;
b) assisting in the preparation of the documents of conveyance and
c) otherwise rendering Evelyn S. Hull unable to meet her debts.
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36. As a direct and proximate result of these actions, the assets of Evelyn S. Hull
became unavailable to pay for the costs of her care accruing at Laurel Run.
WHEREFORE, Plaintiff requests judgment in its favor and against the Defendants in an
amount in excess of $35,000.00 and for an accounting for the reasonable value of the property
conveyed, costs and expenses and punitive damages.
Respectfully submitted,
O'BRIEN, BARIC & SCHE
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/villageoflaurelrun/hull/complaint.pld
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the best
of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire,
Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents
reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and
ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification.
I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating
to unsworn falsifications to authorities.
`
e -6
Date:
David A. Baric, Esquire
?u4[1!iCi Vf t: ?J
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2066 i R AA
4 ( IN 17 PM y 11
DURABLE GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That I, EVELYN S.
HULL, of Shiremanstown, Cumberland County, Pennsylvania, have made,
constituted and appointed and by these presents do make, constitute
and appoint my niece and her husband, NANCY L. BRESKI and JOSEPH A.
BRESKI, my true and lawful attorneys for me in my name, place and
stead:
1. To demand, have, receive, collect and hold any and all
moneys, securities, personal and real property of any nature
whatsoever belonging to me or in which I may have any interest;
2. To deal generally and in all respects, without
restrictions, in and with any property of any nature whatsoever in
which I may have any interest;
b_axik_:accounts for __me and in my name in _
such
banks as my said attorneys may deem best and to make deposits of
money belonging to me in such accounts and disburse said money on
the signature of my said attorney,'for any purposes in connection
EXHIBIT "A"
U"0725.PG294b,-
f
with the personal needs, support, maintenance or medical attention
of myself, in any amounts and at such times as my said attorneys in
her/his sole unrestricted discretion and judgment may deem best;
4. To make disbursements of money belonging to me in such
manner, at such times and for such purposes as my said attorneys
may in her/his sole unrestricted discretion and judgment deem best
for the maintenance, upkeep, repair or any other purpose in
connection with any real estate or personal property owned by me;
5. To sell, operate, manage, control or lease any and all
real estate owned by me, and to collect, demand and receive the
rents, issues, income and profits derived therefrom and to exercise
in all respects general control and supervision over any real
estate belonging to me; and to make, execute, acknowledge and
deliver to purchaser good and sufficient deeds(s) in fee simple or
for any less estate.
6. To purchase any real or personal property which my
attorneys-in-fact, in her/his sole discretion, deem desirable and
appropriate and to execute and deliver any agreements, settlement
BKO725PG29-4.7
statements, affidavits or other documents to effect the purchase of
any real or personal property.
7. To borrow money from any person or institution and to
mortgage or pledge any real or personal property and to execute
such documents evidencing the loan including mortgages, notes,
affidavits, lending agreements; financing statements, security
agreements and such other documents as is ordinary and customary as
my attorneys-in-fact, in her/his sole discretion, deems necessary
and appropriate.
8. To exercise general supervision and control over any
securities which term shall include any manner or type of stocks or
bonds, to include obligations of the United States, state, or local
government and other personal property of any natuke or type
whatsoever belonging to me, and to collect dividends, profits or
accruals therefrom and thereon, and to make sale and disposition of
the same all as my said attorneys may in. her/his sole and
unrestricted discretion and judgment deem best;
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9. To use generally any moneys and property belonging to me
in the general proper support, maintenance, care and attention of
myself as my said attorneys may in her/his sole unrestricted
judgment and discretion deem best;
10. To exercise in all respects full management, control and
power with respect to all of my property, whether the same be real
or personal, as I myself could do, to liquidate any assets of mine,
whether real, personal or mixed, and to make such investments of
any moneys belonging to me as my said attorneys in her/his sole
unrestricted judgment and discretion may deem best;
11. To enter in any safe deposit box standing in my name or
in my name together with someone else and on my behalf to remove
any of the contents thereof which belong to me and to place items
in the safe deposit box for my protection.
12. To make gifts or to make limited gifts;
13. To create a trust for my benefit;
14. To make additions to an existing trust for my benefit;
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e
15. To claim an elective share of the estate of my deceased
spouse;
16. To disclaim any interest in property;
17. To renounce fiduciary positions;
18. To withdraw and receive the income or corpus of a trust;
19. To authorize my admission to a medical, nursing,
residential or other similar facility and to execute any consent or
admission forms required by such facility;
20. To authorize medical, surgical, therapeutic or other
health care procedures including the administration of drugs and
the retention of nurses;
21. To authorize such medical care consistent with any living
will executed by me or any other written instructions given to my
family, my doctors or my clergy;
22. To demand and receive, sue for and recover, any and all
moneys or rights of any nature whatsoever and from whatever source
0725]PGW 295D
derived that may now be due to me or which may at any time become
due; and
23. To give in all respects proper receipts, releases and
acquittances therefor, with no liability on the part of any obligor
making payments to my attorneys to see to the application of the
proceeds of such payments or collections, hereby giving and
granting unto my said attorneys full power and authority to do and
perform all and every act and thing whatsoever requisite and
necessary to be done in and about the premises as fully to all
intents and purposes as I might or could do if personally present,
with full power to subscription and revocation, hereby ratifying
and confirming all that my said attorneys may do.
24. To file federal, state and local tax returns and
amendments thereto and to file for extensions thereof.
AND, in addition to the foregoing enumerated powers to
do any act, deed or thing whatsoever which I may lawfully do
through or by an attorney-in-fact, as fully as I could do if
personally present. FURTHER, this Power of Attorney shall not be
g?07.25PG2951
affected by disability or incapacity of the principal, AND, in the
event proceedings shall hereafter be instituted in any Court for
the purpose of having me declared to be an incapacitated person, I
hereby nominate my attorneys-in-fact, herein named, to serve in the
capacity of guardian of my estate or of my person, or both.
IN WITNESS WHEREOF, I have hereunto set my name and
affixed my seal this 1? day of DEB-6,yaE2 , 2002.
' (SEAL)
EVELYIV S. HULL
ou n 7 2.9-K 2 952
ACKNOWLEDGMENT BY AGENT
I, NANCY L. BRESKI, have read the attached Power of Attorney
and am the person identified as the agent for the principal. I
hereby acknowledge that in the absence of a specific provision to
the contrary in the Power of Attorney or in 20 Pa.C.S. when I act
as agent:
I shall exercise the powers for the benefit of the principal.
I shall keep the assets of the principal separate from my
assets.
I shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of all actions,
receipts and disbursements on behalf of the principal.
Witness
i (SEAL)
NANCY L. B SKI
W0-725PG 295:3
ACKNOWLEDGMENT BY AGENT
I, JOSEPH A. BRESKI, have read the attached Power of Attorney
and am the person identified as the agent for the principal. I
hereby acknowledge that in the absence of a specific provision to
the contrary in the Power of Attorney or in 20 Pa.C.S. when I act
as agent:
I shall exercise the powers for the benefit of the principal.
I shall keep the assets of the principal separate from my
assets.
I shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of all actions,
receipts and disbursements on behalf of the principal.
Witness OSE A. BRESKI (SEAL)
49848-1
.UO 7 2 5 PG 2 9 5.4
STATE OF PENNSYLVANIA
ss:
COUNTY OF 'DA 4 P 01 -
On this day of ccrrnb 2002,
personally appeared before me, a Notary Public, in and for said
County and State, EVELYN S. HULL, who, being duly sworn deposes and
states that she executed the within Power of Attorney as her
voluntary act and deed for the reasons and purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand-Ar-q;s
official seal.
y S '
N t ry ublic
NOTARIAL SEAL
HOLLY S. KIRK, Notary Public
Susquehanna Township, Dauphln County
My Commission Expires Feb. 15, 20ai
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7 A ?L >
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:i
,r of Deeds
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Laurel Care Nursing and Rehabilitation Center
1. PARTIES I& ((''
This Admission Agreement ("Agreement") is made this day of 1 , 2005 by and between Laurel Care
Nursing and Rehabilitation Center, facility located at 6375 Chambersburg Road, Fayetteville, PA (the "Facility")
D
I. (the "Resident" ,and/
. POA (Name of Agent or Legal
Representative). ("Resident Representative"), on b alf of Resident, in considera 'on of the mutual covenants contained
in the Agreement. The Parties designated above d hereby agree to the following terms, conditions, and arrangements
regarding the provision of nursing and/or personal care to the Resident.
11. TERM
The term of this agreement shall commence on the ? ay of 2005 and continue in full-force and
effect for one year, and shall renew annually thereafter, unless otherwise terminated as set forth herein.
III.OBLIGATIONS OF FACILITY
Facility agrees to provide those basic items and services that Facility is licensed to provide and, if Facility is a nursing
facility, those items and services determined necessary by Resident's physician and health care team.
A. Facility represents and warrants that it has all the necessary qualifications and/or licenses required by federal,
state, and local laws and regulations to provide long-term care in this state.
C. NONDISCRIMINATION STATEMENT- The Facility welcomes all persons in need of its services and does not
discriminate based on age, disability, race, color, national origin, ancestry, religion, political beliefs, or sex.
The Facility does not discriminate among persons based on their sources of payment.
IV. PAYMENT INFORMATION
A. CHARGES- The Resident agrees to pay Facility a Daily Rate to cover routine services, unless the Resident receives
Medicaid, Medicare, or other Third Party coverage. The Daily Rate that the Resident agrees to pay, and the services
covered by the Daily Rate, is explained in Attachment "A", which is incorporated into this Agreement by reference.
Attachment "An" also explains the financial obligations of Residents whose care is paid for pursuant to the Medicare
of Medicaid programs and the services that are covered by those programs. Facility agrees to not enact a change in
the charges as listed in Attachment "A" without a thirty (30) day written notice.
B. DUE DATES AND OBLIGATION TO PAY TIMELY- Facility charges for services provided shall be billed monthly to
the Resident. These charges are due and payable fourteen (14) days from receipt of invoice.
If payment is not received by the fourteenth (14"') day after receipt of invoice, the account balance is considered past
due or delinquent, and the Facility may add a late charge to the Resident's account as allowed by law. This late
charge shall be assessed on the monthly balance at the lesser of the monthly rate of 1.5% (one and one-half percent)
or the maximum amount permitted by law. This late charge does not alter any obligations of the Facility or Resident
under this Agreement.
The Resident recognizes that the Facility does not offer credit or accept installment payments.
The Facility's acceptance of a partial payment does not limit the Facility's rights under this Agreement.
C. FAILURE TO PAY - If the Resident fails to make a timely required payment, the Facility may require the Resident to
vacate the facility. Facility will notify Resident of intent to discharge in accordance with State and Federal law.
D. FEE FOR A RETURNED CHECK -A service fee of $25.00 (twenty five dollars) or the actual fee charged by the bank,
whichever is greater, will be charged for any returned check.
Page 1 of 18
EXHIBIT "B"
, 10/10/2005Facility Admission Agreement
E. DISCHARGE FOR FAILURE TO PAY - If a Resident is required to vacate for failure to pay, the Facility shall provide
advance notice as set forth in the Resident's Rights section of this Agreement of as required under State and Federal
law. This notice shall be considered received either on the actual date of receipt or five (5) days after mailing,
whichever occurs first.
V. RESIDENT'S RIGHTS AND RESPONSIBILITY
A. CONSENT FOR TREATMENT
NURSING FACILITY SERVICES - By signing this Agreement, the Resident consents to the Facility
providing routine nursing and other health care services as directed by the attending physician. From
time to time, the Facility may participate in training programs for persons seeking licensure or certification
as health care workers. In the course of this participation, care may be rendered to the Resident by such
trainees under supervision as required by law. Consent to routine nursing care provided by the Facility
shall include consent for care by such trainees.
2. PHYSICIAN SERVICES - The Resident acknowledges that he or she is under the medical care of a personal
attending physician and that the Facility provides services based on the general and speck instructions of
this physician.
a. The Resident has a right to select his or her own attending physician. If, however, the Resident does
not select an attending physician, or is unable to select and attending physician, an attending
physician may be designated by the Facility. The resident's attending physician is responsible for
meeting all of the regulations et forth for nursing home care.
ATTENDING PHYSICAN: vvv,-'
b. The Resident recognizes and agrees that all physicians providing services to the Resident, including
those designated by the Facility, are independent contractors. The Resident recognizes and agrees
that such physicians are not associates or agents of the Facility, and that the Facility's liability for any
physician's act or omission is limited.
c. The Resident shall be solely responsible for payment of all charges of any physician who renders
care to the Resident in the Facility, unless the charges are covered by a third party payer.
B. RESIDENTS PERSONAL PROPERTY
The Facility strongly discourages the keeping of valuable jewelry, papers, large sums of money, or other items considered
of value in the Facility. The Facility shall make reasonable efforts to safeguard the property/valuables that the Resident
chooses to keep in his or her possession through provision of a locked drawer in the resident's room, if they choose. A
safe is available in the main office to store items of value.
The Resident agrees to inform the Facility of all valuable property upon admission. If, at any time during the Resident's
stay, new items of value added to the resident's possessions in the Facility, the Resident also agrees to so inform the
Facility Administrator or designee. Failure to report that property has been brought to the Facility will exempt the Facility
from responsibility in case of theft. The Village of Laurel Run cannot be responsible for any valuables, money, or damage
to personal items / property of Resident.
D. RESIDENTS RECORDS
1. CONFIDENTIALITY- Information included in the Resident's medical records is confidential. Individuals other than
the Resident shall not be allowed to review that Resident's records with the Resident's written consent, except as
required or permitted by taw.
CONSENT TO RELEASE BY FACILITY - The Resident agrees to disclose information required to provide
necessary care according to the specifications set forth in Attachment "B".
Page 2 of 18
' 10/10/2005Facility Admission Agreement
E. RESIDENT RIGHTS- The Resident has certain rights conferred upon him or her by State and Federal law. Such
Resident Rights are set forth in Attachments "C" and "D", both of which are incorporated into the Agreement by
reference.
F. RIGHT TO REFUSE TREATMENT- The Resident has the right to refuse treatment and to revoke consent for
treatment pursuant to applicable state law. The Resident also has the right to be informed of the medical
consequences of such refusal or revocation of consent, and to be informed of alternate treatments available. Where,
in the opinion of the attending physician or by judgment of a court of law, the Resident is determined to be mentally
incompetent to make a decision regarding refusal of treatment, the decision to refuse treatment may be made by a
Legal Representative, subject to State and Federal law.
Resident has the right to make determinations regarding the care and treatment he or she does or does not want at
the end-of-life. This individual right to make such self-determinations is more fully explained in Attachment "E",
which is incorporated into this Agreement by reference.
G. THE RESIDENTS DUTIES
1. RESIDENT GRIEVANCES- Residents are urged to bring any grievances concerning the Facility to the
attention of the Facility Administrator or designee. Residents also have the right to contact the State Facility
Licensing agency, the State Long Term Care Ombudsman, or both, to register grievances against the Facility.
2. DIET- The Resident understands that his or her diet is medically prescribed and, therefore, must be
monitored by the Facility. The Resident agrees to consult with the Nursing or Dietary staff regarding food or
beverages brought into the Facility.
3. MEDICATIONS-No medications or drugs may be brought upon Facility premises unless the medications or
drugs are labeled according to the requirements of State and Federal law. Packaging of medications must be
compatible with the Facility's medication distribution system. No drugs of medications may be brought into
the Facility unless they are delivered to the nurses' station.
4. CARE OF FACILITY'S PROPERTY- To preserve the value of the Facility's property for future Residents' use,
the Resident agrees to use due care to avoid damaging the Facility's property and premises. The Resident
shall be responsible for repair or replacement of the Facilitys property damaged or destroyed by the
Resident. However, the Resident shall not be responsible for such damage as is to be expected from
ordinary wear and tear.
5. CARE OF THE RESIDENTS ROOM- The Facility encourages the Resident to have a homelike environment,
and will attempt to accommodate all reasonable requests to individualize Resident rooms. For safety
reasons, the Facility must approve any addition or rearrangement of furniture, hanging of pictures, posters, or
other similar activities.
6. DEATH- In the event of Resident's death, Facility is directed to contact the following funeral home:
VII. PERSONAL FUNDS
A. The Resident has a right to manage his or her own personal funds. If the Resident wants assistance with
management of personal funds, the Facility shall assist if requested to do so in writing by the Resident or
Resident's representative. At the Resident or Resident's representative's written request, the Facility shall
hold, safeguard, manage, and account for these funds. Such request shall be prepared in accordance with
State law.
B. Resident personal funds deposited with the Facility shall be handled as set forth in Attachment "F", which is
incorporated into this Agreement by reference.
Page 3 of 18
10110/2005Facility Admission Agreement
C. If the Resident does want the Facility's assistance with managing personal funds, the Resident is required to
complete and sign the RESIDENT TRUST FUND AUTHORIZATION FORM, which is incorporated into this
agreement by reference.
Vlll. TERMINATION BY AGREEMENT
A. RIGHT TO TERMINATE- The Facility shall not transfer or evict the Resident solely because of the Resident
changing his or her manner of payment from Private or Medicare to Medicaid, unless the Facility is not
Medicaid certified.
B. RIGHT TO TERMINATE- The Resident may terminate this Agreement at any time, by notification of intent to
discharge made to the social service department, or in their absence, the LPN or RN in charge of the wing
residing. Termination will not become effective until RESIDENT has been discharged by RESIDENT'S
attending physician. All charges incurred during any stay covered under this agreement will remain due to the
FACILITY.
¦ Against Medical Advice Departure/No Immediate Jeopardy - RESIDENT has the right to refuse
treatment, and leave the property of FACILITY without concurrence by RESIDENT IS attending physician
at any time. In such case, the FACILITY, nor the PHYSICIAN take any responsibility in medical condition
at time of departure, nor will FACILITY assist in providing medication or arranging services to facilitate the
departure.
¦ Against Medical Advice Departure/Immediate Jeopardy - Should the RESIDENT decide to refuse
treatment and depart the FACILITY, and the FACILITY has knowledge that doing so would place the
RESIDENT in a position of Immediate Jeopardy, the FACILITY will take action necessary to prevent harm
to the RESIDENT.
C. PERSONAL PROPERTY OF RESIDENT UPON DISCHARGE- The Facility shall make reasonable efforts to
safeguard the Resident's personal belongings after discharge. The Facility, however, shall not be liable for
any damage to or loss of the Resident's property. The Facility may dispose of any property left by the
Resident if not claimed within thirty (30) days of discharge or transfer, or in accordance with applicable State
law.
D. REFUNDS-PRIVATE PAY- If the Resident is discharged before using full-prepaid charges, the Facility shall
refund the unused portion of such charges with a reasonable period. If the Facility is required by law to hold
Resident persons funds in a demand trust account, the balance of these funds shall be refunded promptly
after the Resident's date of discharge.
E. REFUNDS-MEDICARE/MEDICAID- If a Resident is retroactively approved for Medicare or Medicaid benefits,
previous payments made that will be covered by the Medicare or Medicaid programs will be refunded
promptly in accordance with the Facility's refund policy. Contact the Facility Business Office for details on the
refund policy.
F. TRANSFERS AND DISCHARGES AND BEDHOLDS
1. The Facility shall give notice to the Resident, and if known, a family member, Agent, or Legal
Representative of the Resident, of transfer or discharge as follows:
a. Where legally required, this notice shall be given at least thirty (30) days prior to the
Resident's transfer or discharge.
b. In cases where the safety of health of the Resident or other individuals in the Facility may be
endangered, or if other legal reasons exist, notice may be given as soon as practicable
before transfer or discharge.
c. The reason (s) for the transfer/discharge shall be provided at the time of notice of
transfer/discharge.
Page 4 of 18
10110/2005Facility Admission Agreement
d. Notice will include information regarding the right to appeal a transfer/discharge.
2. The Facility shall only transfer or discharge a Resident under the following conditions:
a. The transfer/discharge is necessary for the Resident's welfare and the Resident's needs
cannot be met in the Facility;
b. The transfer/discharge is appropriate because the Resident's health has improved sufficiently
so the Resident no longer needs the services provided by the Facility;
c. The safety of individuals in the Facility is endangered;
d. The health of individuals in the Facility would otherwise be endangered;
e. The Resident has failed, after reasonable and appropriate notice, to pay for (or to have paid
under Medicare or Medicaid) a stay at the Facility;
f. The Facility ceases to operate.
3. The facility shall enforce the following bedhold policy when a resident is transferred for hospitalization
or therapeutic leave:
a. Those residents covered by Medicare at the time of transfer or therapeutic leave will be
required to pay privately beginning the day after discharge in order to ensure a bedhold. The
bed will be held indefinitely, as long as payment is made. On the day of transferNeave, the
resident/POA will be notified of the current rate and asked if they wish to have the bed held.
b. Those residents covered by Medical Assistance are permitted a 15-day bedhold by
Pennsylvania state regulation. The bed will be held for a maximum of 15 days without cost to
the resident/POA. Beginning on the 16`" day, the resident/POA will be required to pay
privately in order to hold the bed for additional time. The bed will be held indefinitely, as long
as payment is made. Prior to the end of the 15-day period, the resident/POA will be notified
of the current rate and asked if they wish to have the bed held.
c. Those residents paying privately or who are covered through a different third party payment
other than Medicare or Medical Assistance will be required to pay privately beginning the day
after discharge. The bed will be held indefinitely, as long as payment is made. On the day of
transfer/leave, the resident/POA will be notified of the current rate and asked if they wish to
have the bed held.
d. In the event the resident and/or others acting on behalf of the resident choose not to pay to
hold a bed as set forth in the paragraphs above (a), (b), and (c), the resident is nevertheless
entitled to the next available bed when he/she is ready to return to the facility.
IX. ENFORCEMENT OF THIS AGREEMENT
A. SOLE AGREEMENT- This Agreement, along with any documents attached or included by reference, is the
only Admission Agreement between the Facility and Parties, except that, Amendments due to changes in
State or Federal law or regulations are automatically deemed to be part of this Agreement. Any other
changes to this Agreement are valid only if made in writing and signed by all Parties. If changes in State or
Federal law make any part of this Agreement invalid, the remaining terms shall stand as a valid Agreement.
B. ATTORNEYS' FEES/COLLECTION AGENCY FEES- In the event the Facility institutes and is a prevailing
party in legal action against any Party to this Agreement, arising from that Party's failure to comply with the
terms of the Agreement, the Facility shall be entitled to receive from the losing Party reasonable
attorneys/collection agency fees.
C. NON-ASSIGNABLE AGREEMENT- The Resident agrees that the right of the resident to reside at the Facility
is personal and is not assignable. The Resident may not transfer his or her rights under this Agreement to
any other person.
X. GENERAL PROVISIONS
Page 5 of 18
10110/2005Faciiity Admission Agreement
A. WHO IS COVERED BY THE AGREEMENT- In addition to the Parties signing this Agreement, the Agreement
shall be binding on the heirs, executors, administrators, distributors, successors, and assigns of said-Parties.
That means the Resident's financial obligation to the Facility for the services provided through this Agreement
survives the Resident's death, and any remaining charges must be paid from his/her estate.
B. WAIVER OF RIGHTS UNDER THIS AGREEMENT- The failure of any Party to enforce any term of this
Agreement or the waiver by any Party of any breach of this Agreement will not prevent the subsequent
enforcement of such term, and no Party will be deemed to have waived the right to subsequent enforcement
of the Agreement.
C. SEVERABILITY OF CERTAIN PROVISIONS- If any provision in this Agreement is determined to be illegal or
unenforceable, then such provision will be deemed amended so as to render it legal and enforceable and to
give effect to the intent of the provision; however, if any provision cannot be amended, it shall be deemed
deleted from this Agreement without affecting or impairing any other part of this Agreement.
D. GOVERNING LAW- This Agreement is executed and shall be governed by and construed in accordance with
the laws of the state in which Facility is located.
E. NOTICES- All notices. shall be deemed sufficiently given if mailed to the Resident, Agent, Legal
Representative, and/or Responsible Party, if any, at the address indicated below. Each such person shall be
responsible for notifying the Facility in writing of any change of address. In addition, the Facility shall notify
the person designated by the Resident of any significant change in the Resident's condition as required by
law and regulation.
Ini all g elow, The Parties Acknowledge Receipt of the Attachments referred to in this Agreement:
X (INITIAL)
The Resident designates the following persons to be noted of any significant change in the Resident's condition:
Anent/Lenal Representative/Responsible Partv
Name:
Address: _'2_A
per,_
City/Stat ip/??.??,?J,??
Phone (Home) . t ?k
Phone (cell): work-
Relationship to Resident:
Other Person to be Notified
Name: ?j
Address (street).
City/ State/Zip:
Phone :(Home):
Phone: (Work)
Relationship to: Sister
Page 6 of 18
, 10/1012005Fadlity Admission Agreement
ADMISSION AGREEMENT SIGNATURE PAGE
Resident
Witness if Resident Signed with a Mark
Wi ss if Resident Signed with a Mark
egal Rep-resent at
Legal Representative's Telephone Number
Agent
Date
Date
Date
k?3 -?i - o
Date
Legal Representative's Social Security No.
Date
Agent's Telephone Number
Q
cility Administrator Designee
Agent's Social Security No..
Date
Page 7 of 18
10/1=005Facility Admission Agreement
ATTACHMENT A - Rate Schedule
The following is a listing of current charges due for services provided at Laurel Care Nursing and Rehabilitation Center.
Changes will not be made to the charges herein without thirty (30) day prior written notice.
Room Rate $ 165.00 per day semi -private
$ 180.00 per day private
Hair Care
Laurel Care Nursing and Rehabilitation Center offers hair care services that include hair cuts, perms, and
colors for male and residents. Services are available as posted in the hair salon and at the fee schedule
posted. Billing for these services will be included in the monthly statement to resident/responsible party.
Transportation
Laurel Care Nursing and Rehabilitation Center provides medical transportation services two times per
month free of charge for our residents within a fifteen (15) mile radius. Medical Appointments in excess
of twice monthly and personal transportation may also be arranged for a $25.00 fee.
Dialysis Transportation - 3x Weekly Dialysis Transportation - $150.00 /month
Visitor's Meals
Meals are available for visitors however, they are to be ordered a day in advance. Prices are:
Breakfast $4.50
Lunch $4.50
Dinner $4.50
Ancillary Charges
Incontinence Fee
Wander guard
Bed / Chair Alarm
Oxygen Concentrator Use
Specialty Overlay Mattress
Class A Specialty Bed
Medical Supplies
$5.00 /day
$2.00 /day
$2.00 /day
$2.00 / day
$25.00 / month
$10.00 / day
Varies by Cost
Page 8 of 18
. 10/10/2005Facility Admission Agreement
ATTACHMENT B - HEALTH INFORMATION DISCLOSURE
This notice describes how medical information about you may be
used and disclosed and how you can get access to this information.
Please read it carefully.
&#- RESIDENT NAME:
Laurel Care Nursing and Rehabilitation Center believes in the strict protection and privacy of your medical related
information. This information is always available to you upon request to review.
Information about your care and payment for care will only be disclosed only with your approval according to the following
guidelines. Unless otherwise stated, disclosure may be made via verbal conversation, telephone conversation, facsimile,
modem communications, or cellular communications.
1. Treatment
A. Internal Access
1. Clinical Operations
Laurel Care Nursing and Rehabilitation Center will keep a medical record on the nursing unit in
which you reside detailing the current plan of treatment, physician orders, and narrative notes
concerning your care. This record is only available to caregivers that are directly involved in your
care. Any internal service that you agree to receive will enable appropriate staff that provides that
service access to your medical record.
Examples of internal care providers are employees or facility contracted providers including:
• Nursing Staff - Nurse Aides, Licensed Practical Nurses, Registered Nurses, etc.
¦ Social Workers & Admission Director
¦ Therapy Staff - as ordered
¦ Clinical Dietician & Dietary management staff
¦ Consultant Pharmacist
¦ Clinical Case Manager
¦ Therapeutic Recreation staff
2. Quality Assurance/Quality Improvement
Laurel Care Nursing and Rehabilitation Center routinely reviews the service provided to ensure
that we are providing the highest level of service practicable. During such reviews, your medical
record may be reviewed by internal staff to ensure that necessary services are provided. Any
reporting of findings made to facility management will not indicate the name of the individual
unless corrective action is required to remedy an individual finding.
Examples of quality assurance/quality improvement staff may be:
¦ Director of Nursing
• Administrator
¦ Regional Quality Assurance Nurse
• Medical Director
• Medical Records Coordinator
¦ Clinical Case Manager
¦ Quality of Life Director
B. External Access
Only providers in which you choose to provide services to you who are not a part of the intemal
operations of Laurel Care Nursing and Rehabilitation Center will be granted access to your medical
record.
Page 9 of 18
10110/2005Facility Admission Agreement
Examples of external providers are:
¦ Physicians & Designated Physician Office Staff
• Behavioral Health Services
¦ Hospital Outpatient Clinics
¦ Laboratory Clinic
¦ X-Ray Wor Other Diagnostic Provider
¦ Dialysis Clinics
¦ Dentists
• Optometrists Wor Ophthalmologists
¦ External Caseworker
II. Payment
Laurel Care Nursing and Rehabilitation Center accepts many forms of insurance to cover the cost of care
provided at our facility. Upon your approval, Laurel Care Nursing and Rehabilitation Center will disclose only the
necessary information to respective payment sources required to receive coverage for service.
Failure to approve Laurel Care Nursing and Rehabilitation Center to disclose information to a potential payment
source will result in a private bill generated to the resident or designated financial manager.
Examples of payment sources may include:
¦ Medicare Intermediary (Veritus)
¦ Medicaid
¦ Adams County Assistance Office
• Any Private Insurance Company you designate
¦ Any Managed Care Company you designate
¦ Any financial institution that you have retained to manage financial resources
III.Regulatory Agencies
Laurel Care Nursing and Rehabilitation Center is a licensed Skilled Nursing Facility, monitored primarily by the
Pennsylvania Department of Health Division of Nursing Care Facilities, and the Division of Safety Inspection.
Unless otherwise stated Laurel Care Nursing and Rehabilitation Center reserves the right to comply with all
pertinent regulations in providing access to the medical record and payment information to all pertinent regulatory
bodies including but not limited to:
¦ Pennsylvania Department of Health
• Pennsylvania Department of Public Welfare
• Adams County Area Agency on Aging
¦ Pennsylvania Auditor General's Office
• Health Care Finance Administration
Page 10 of 18
10/10/2005FacGity Admission Agreement
IV. Attestation
I fully understand how Laurel Care Nursing and Rehabilitation Center will use and disclose my medical and payment
information. I understand that any request, or agreement for service provided as indicates herein enables Laurel Care
Nursing and Rehabilitation Center to disclose only the necessary information to required providers/payment sources.
I ask that Laurel Care Nursing and Rehabilitation Center adhere to the special instructions listed here in disclosing
medical and/or payment information:
I agree that my rights have been explained to me, and that I understand how to access and approve/disapprove medical
disclosure of my personal medical and payment information.
Signature of Resident/legal Decision Maker:
Date:
Signature of Facility
Page 11 of 18
10/1012005Faality Admission Agreement
ATTACHMENT C - Notice of Residents Rights
RESIDENT'S NAME: &-Q=
Upon admission I was fully informed and will be continually informed during my stay of services available within the facility
and of all related charges, including those charges, if any, for services not covered by the basic per diem rate, or of
services not covered under the Medicare or Medicaid Programs (Titles XVIII AND XIX of the Social Security Act).
1. I am being informed of my rights as a resident within this facility and of all rules and regulations governing
resident conduct and responsibilities.
2. 1 may be advised of my medical condition by my physician (unless medically contraindicated and documented in
the medical record) and am afforded the opportunity to participate in the planning of my medical treatment. I may
refuse treatment, to the extent permitted by law.
3. 1 have the right to refuse to participate in any experimental research, or in the planning of my medical treatment.
4. 1 will be transferred or discharged only for medical reasons, for my welfare, for the welfare of the other residents,
for non-payment of charges, or to be placed in a lesser care placement, if applicable. If I am to be transferred or
discharged, I will be given reasonable advance notice to insure an orderly transfer or discharge.
5. Except in a medical emergency, I will not be transferred or discharged, nor shall my treatment be altered radically
without consultation with me, or if I am incompetent, without prior notification of my guardian, next of kin,
sponsoring agency, or POA.
6. 1 will be assisted if necessary to exercise my rights as a resident and as a citizen, and to this end, I may voice
grievances and recommend changes in policies and services to facility's staff and/or to outside representation of
my choice.
7. 1 will be free from restraint, interference, coercion, discrimination, and/or reprisal.
a. I may manage my own personal financial affairs.
b. If I do not choose to manage my personal financial affairs, or if I am unable to do so, Laurel Care Nursing
and Rehabilitation Center will accept responsibility for my financial affairs. If I do not choose to have the
facility manage my affairs, I shall designate on a document separate and apart from my Admission
Agreement. I further understand that if LCNRC accepts management of my personal affairs, I will be
given an accounting of all financial transactions made on my behalf, at least quarterly.
c. A written account will be maintained on a current basis with written receipts for all personal possessions
and funds I have delivered or deposited with facility and for all expenditures and disbursements made on
my behalf.
8. 1 will be free from mental and physical abuse. I will be free from chemical and (except in emergencies) physical
restraints, except as authorized in writing by a physician for a specified and limited period or when it is necessary
to protect me from injury to myself or to others. If it is necessary to continue the use of restraints, the physician
shall evaluate and document in the medical record my physical and mental condition and what alternative care or
treatment needs are to be prescribed.
9. My personal and medical records are confidential. I may approve or refuse release to any individual outside the
facility, except in the case of my transfer to another health care institution or as required by law or third party
payment contract. If I approve the release of this information, it will be in writing.
10. 1 will be treated with consideration, respect, and full recognition of my dignity and individuality, including privacy in
treatment and in care for my personal needs.
11. 1 will not be required to perform services for the facility that are not included for therapeutic purposes in my plan of
care and agreed to by me.
12. 1 will be permitted to associate and communicate privately with persons of my choice. I will be permitted to send
and receive personal mail unopened (unless medically contraindicated as documented by my physician in the
medical record).
13. 1 will be permitted to participate in social and religious activities, unless medically contraindicated.
Page 12 of 18
10110/2005Fadlity Admission Agreement
14. 1 will be permitted to meet with community groups at my discretion (unless medically contraindicated as
documented by my physician in my medical record).
15. 1 will be permitted to retain and use my personal clothing and possessions as space permits, unless to do so
would infringe upon the rights of other residents and unless medically contraindicated as documented by my
physician in my medical record.
16. If I am married, I am assured privacy for visits with my spouse. If my spouse and I are residents within this
facility, we will be offered the opportunity to share the same room as space allows (unless medically
contraindicated as documented by the attending physician in the medical record)_
17. Mistreatment and abuse are strictly prohibited within this facility.
18. If I have been adjudicated incompetent in accordance with law, if I have been found medically incapable of
understanding these rights by my physician, or if I exhibit a communications barrier, then these rights and
responsibilities evolve to my guardian, next of kin, sponsoring agency, representative payee, or POA.
19. Suggested visiting hours are 10:00 a.m. to 8:00 p.m. each day.
20. Laurel Care Nursing and Rehabilitation Center will permit members of recognized community organizations and
representatives of community legal service programs whose purposes include rendering assistance without
charge to residents to have access to The Village of Laurel Run.
21. Laurel Care Nursing and Rehabilitation Center may limit access where it may be a detriment to resident care and
well-being. At no time; however, may they restrict my right to have legal representation.
22. If Laurel Care Nursing and Rehabilitation Center is closed, they will notify me or my guardian, next of kin,
sponsoring agency, representative payee, or POA, in writing of such act in sufficient time for me or them to make
alternate arrangements for my transfer and care elsewhere.
23. 1 further understand that the aforementioned recitation of my rights and responsibilities with Laurel Care Nursing
and Rehabilitation Center does not preclude or in any way limit the rights and responsibilities within Laurel Care
Nursing and Rehabilitation Center does not preclude or in any way limit the rights and responsibilities assured to
me under the Constitution of the United States and the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, I h r acknowl I have read the above and have been fully informed of the contents
contained herein on this day o , 2005.
Govemor's Action Line: 1-800-932-0784
Department of Health: 1-800-692-7254
Adams County Ombudsman: 717-334-9296
Department of Health
Harrisburg Field Office: 717-783-3790
Page 13 of 18
10110/2005Fadiity Admission Agreement
ATTACHMENT D - MA 401
Admissions Notice Packet
Page 14 of 18
,10/10/2005Facility Admission Agreement
&IVA
ACKNOWLE GEMENT OF RECEIPT OF ADVANCE DIRECTIVE INFORMATION
Resident Name
I have been notified of my right to refuse treatment, to make decisions regarding medical care, and to execute any
advance directive, if I so choose.
I understand that the execution of an advance directive is not required for admission to, or for a continued stay at Laurel
Care Nursing and Rehabilitation Center.
1 have been given a copy of the Laurel Care Nursing and Rehabilitation Center policy regarding implementation of the
Patient Self-Determination Act, general information about advance directives, and of the applicable State law,
I will be given the opportunity to discuss any additional questions and/or concerns regarding advance directives at the
initial care plan meeting.
Resident
Responsible Party`
LCNRC Repres"
For Office Use Only
ATTACHMENT E - Advanced Directives
Date
Date
Date ?Q-q--o j
Opportunity for executing advance directive was offered on
Resident named above has:
Chosen not to execute an Advance Directive at this time.
Remains uncertain about executing an Advance Directive.
i?`? _ Copy of livingwill_ at admission
Other comments:
LCNRC
Date:
Page 15 of 18
1P
10A0/2005Facility Admission Agreement
ATTACHMENT E-1 - Cardiopulmonary Resuscitation
All residents in long-term care facilities have rights guaranteed to them under Federal and State Law. Included in these
rights is the right to accept or refuse treatment, including cardiopulmonary resuscitation (CPR). At this time, of my own
free will, I am exercising this right by declaring the following:
1 authorize CPR to be administered
I do not authorized CPR to be administered
Resident Signature: Date:
If Resident is incapable of signing:
Resident Representative Signature: Date:
V)-1-dam
Status or Type of Representation
Page 16 of 18
?O-`A-o ?
t
1UA W005Facility Admission Agreement
ATTACHMENT F - Management of Residents Funds
AU RI TION FOR MANAGEMENT OF RESIDENTS FUNDS
I Land+mbeh&alfwill-bemaintained understand that a full and complete separate accounting of all
financial trsactions made on and made available to me and/or my Power-of-Attomey at
least quarterly and upon request.
I understand that my personal funds will be placed in the interest bearing "Patient Holding Account" which contains only
monies of other nursing home residents, and which is maintained. separately and distinctly from all facility funds. Interest
earned on this account will be credited to my account monthly. However, residents receiving Medical Assistance benefits
must use earned interest towards cost of care.
I understand that withdrawals of more than $50.00 will require at least 48 hours advance notice and will be in the form of a
check.
I understand that I or my Power-of-Attomey can arrange for deposits and/or withdrawals from my account by contacting
the Chief Financial Officer Monday-Friday between 8 AM and 4 PM.
ATTACHMENT F-1 - Authorization for Payment of Medicare Benefits
I, and/or \r , certify that the information given me in applying for payment
%& X" - U
under Title X111 of the Social Se urity Act is correct. I authorize any holder of medical or other information about me to
release to the Health Care Financing Administration or its intermediaries or carriers any information concerning this or a
related Medicare claim. I request that payment of authorized benefits be made on my behalf. I assign the benefits
payable for physician services to the physician and/or authorize such physician or organization to submit a claim to
Medicare or any other secondary insurance for payment to me.
ATTACHMENT G - Transmission of MDS Information
MDS INFORMATION
It is necessary for providers of Medicare and Medicaid services to inform our residents and/or responsible party about the
automation and electronic transmission of resident information. Each resident will have an assessment done by Laurel
Care Nursing and Rehabilitation Center staff regarding physical, social, mental, recreational, rehabilitative, and dietary
status on an ongoing basis during his/her stays at this facility. This information is placed in a format called the MDS, or
Minimum Data Set. This information is electronically transmitted to the State and the Federal Government to be used for
survey, reimbursement, and health data collection reasons. Attached to this form is a complete explanation regarding
who has the legal right to access this information.
Laurel Care Nursing and Rehabilitation Center want you to be aware of the fact that the assessment is done, that it is
electronically transmitted, and.is accessible to other parties as noted on the attached information sheet. Signature on this
form serves as an acknowledgment that you have received the attached information sheet regarding the Electronic
Transmission of the MDS and the resident information contained on that form..
Please feel free to discuss any questions you may have with the Administration at Laurel Care Nursing and Rehabilitation
Center.
Page 17 of 18
*
f0/10/2005Facility Admission Agreement
ATTACHMENT H - Pharmacy Choice
Resident Name: Patient #:
Pharmacy Selection Policy
Policy: Residents of Laurel Care Nursing and Rehabilitation Center have a right to choose their pharmacy provider.
Laurel Care Nursing and Rehabilitation Center must ensure that medications are available in a timely manner, are
accurately dispensed and administered, and are packaged in a facility specific format. Laurel Care Nursing and
Rehabilitation Center contracts with Diamond Pharmacy for resident medications. Residents/Responsible Parties who
prefer a different provider may select another pharmacy, as long as that pharmacy can provide the service specific to
Laurel Care Nursing and Rehabilitation Center policy.
I wish to utilize Diamonds Pharmacy for provision of medications.
? Other Pharmacy:
ATTACHMENT I - Activity Permission Waiver
I, _ and /or 1?r 041L,)-IPO& hereby request to participate in field trips, as
physical status permits.
ATTACHMENT J - Authorization for Photographs
nd/o Au 9-t , /POA hereby authorize the facility personnel to
tdesig ted photographs.
(Check One)
1. Photographs for Identification x Yes ? No
2. Photographs of Medical Conditions x Yes D No
(Example: pressure areas) These photographs are utilized
to provide documentation of a medical condition, are viewed only
by professionals, and are placed in the resident's medical record)
3. Photographs and Name for Public Relations k1fles ? No
(Example: attendance at an activity) These photographs nd names may
appear in a newspaper or flyer, or videotape may be taped
at a public function.
Page 18 of 18
71- -`
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Complaint filed in this matter on
November 8, 2006.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
J
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/villageoflaurelrun/hull/substituteverification.pra
A N.
VERIFICATION
I, Larry Cottle, CEO, verify that the statements made in the foregoing Complaint are true and
correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire
and execute this verification as a substituted verification.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsifications to authorities.
Date: <
Larry Cottle, CEO
1
CERTIFICATE OF SERVICE
I hereby certify that on November 14, 2006, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Praecipe To Attach Substitute Verification, by first class U.S.
mail, postage prepaid, to the party listed below, as follows:
Joseph A. Breski
Nancy L. Breski
217 Zion Road
Newburg, Pennsylvania 17240
Gam'
David A. Baric, Esquire
J-Tl
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
CIVIL ACTION-LAW
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
Please index the above action as a Lis Pendens against the following real property:
ALL that certain lot or piece of land situate in the Borough of Shiremanstown,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern side of Main Street, said point being on
hundred fifty (150) feet Eastwardly from the eastern side of High Street, at the
southeast corner of lot new or formerly of Harry Frey; thence along the line of lot
now or formerly of Harry Frey northwardly one hundred fifty (150) feet to a point
on the proposed fourteen (14) foot wide alley; thence Eastwardly along said alley
in a line parallel with Main Street, fifty (50) feet to a point; thence Southwardly in
a line running at right angles to Main Street, one hundred fifty (150) feet to Main
Street; thence Westwardly along Main Street fifty (50) feet to the place of
BEGINNING.
I hereby certify that this action affects the title to or other interest in the above-described
real property.
Respectfully Submitted,
' RIEN, BART & SCH R
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
NO. 2006- (o Z3(a CIVIL TERM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Attorney for Plaintiff
dab.dir/villageoflaurelrun/breski/lispendens.pra
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t SHERIF'F'S RETURN - REGULAR
CASE NO: 2006-06506 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PINEY PARTNERS LP
VS
BRESKI JOSEPH A ET AL
SHAWN HAR:RISON
BRESKI JOSEPH A
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
the
DEFENDANT , at 1947:00 HOURS, on the 9th day of November , 2006
at 217 ZION ROAD
NEWBURG, PA 17240
MIKE BRESKI
Sheriff or Deputy Sheriff of
by handing to
ADULT SON
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 7.92
'"rte
Postage .39
Surcharge 10.C0 R. Tho as Kline
r, n
36.31t,/? 00/00/0000
Sworn and Subscibed to By:
before me this day epu heriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-06506 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PINEY PARTNERS LP
VS
BRESKI JOSEPH A ET AL
SHAWN HARRISON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BRESKI NANCY L the
DEFENDANT , at 1947:00 HOURS, on the 9th day of November , 2006
at 217 ZION ROAD
NEWBURG, PA 17240
ADULT SON
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff'; Costs: So Answers:
Docketing 6.00
Service 7.92
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
23.92,/ 00/00/0000
l
/o(, -?
Sworn and Subscibed to By:
before me this day eputy Sheriff
of A.D.
PINEY PARTNERS, L.P., IN THE COURT OF COMMON PLEAS OF
d/b/a Village of Laurel Run, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 2006-6506 CIVIL TERM
V.
JOSEPH A BRESKI and CIVIL ACTION - LAW
NANCY L. BRESKI, husband
and wife
ANSWER TO COMPLAINT
NOW comes Defendants, by and through their attorneys, Graybill & Wise,
P.C., (Barbara G. Graybill and Kenneth A. Wise) and file this Answer to the
Complaint in the above captioned matter, and, in support thereof, set forth the
following:
1. Defendant is without sufficient knowledge to admit or deny this
allegation.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied. By way of further answer, Evelyn Hull was a resident at
Laurel Run from November 2004 until April 2006.
9. Denied. The admission agreement of October 2005, attached to
the complaint, does not contain the true signature of Joseph A. Breski.
10. Denied for reasons set forth in Paragraph 8 above.
11. Defendant is without sufficient knowledge to admit or deny this
allegation. Strict proof is demanded at trial.
12. Admitted.
13. Admitted.
14. Admitted.
15. Denied. The value of the property was approximately
$90,000.00, having not been lived in for several years and in
need of substantial repairs.
16. Admitted.
17. Admitted.
18. Defendant is without sufficient knowledge to admit or deny
this allegation. Strict proof is demanded at trail.
19. Admitted.
20. Admitted.
COUNT I - BREACH OF CONTRACT
21. No response required.
22. Defendant is without sufficient knowledge to admit or deny this
allegation that requires a conclusion of law.
23. Denied. By way of further answer, Defendants were required to
satisfy liens and mortgages on the transfer of Evelyn Hull's property, which liens
and mortgages were in an amount of the value of the property.
24. Admitted and Denied. It is admitted that Defendants were
obligated to use the assets of Evelyn S. Hull to satisfy debts due and owing to
the extent such assets of Evelyn S. Hull were available. Defendants are not
required to utilize their own assets to satisfy the debts of Evelyn S. Hull.
25. Plaintiff is without sufficient knowledge to admit or deny this
allegation. Strict proof is demanded at trial.
COUNT II - FRAUDULENT TRANSFER
26. No response required.
27. Denied. The Defendants exercised good faith in transferring the
property after satisfying outstanding liens and mortgages in an amount equal to
the value of the house were satisfied.
28. Denied for reasons set forth above.
29. Denied for reasons set forth above.
30. Denied for reasons set forth above.
COUNT 111- CONCERTED ACTION
31. No response required.
32. Denied. See answers set forth above.
33. Admitted.
34. Denied for reasons set forth herein.
35. Denied for reasons set forth herein.
36. Denied for reasons set forth herein.
Wherefore, Defendant requests that this Honorable Court dismiss the
Complaint in the above captioned matter.
Respectfully submitted,
Barbara G. Graybili #9859
Graybill & Wise, P.C.
126 Locust Street
PO Box 11489
Harrisburg, Pennsylvania 17108-1489
717-238-3838
January 2, 2007
VERIFICATION
The undersigned hereby states that she is the attorney for the Defendant
who has been authorized by the Defendant to file this Answer to Complaint
based on the information provided by the Defendant to her attorney. The
undersigned attorney verifies that the statements made in the foregoing answer
are true and correct to the best of her knowledge, information, and belief, based
upon information provided by the Defendant.
The undersigned understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities.
Date: January 2, 2007
Barbara G. Graybill, Es4! #39859
Graybill & Wise, P.C.
126 Locust Street
PO Box 11489
Harrisburg, PA 17108-1489
717-238-3838
Counsel for Defendant
PINEY PARTNERS, L.P.,
d/b/a Village of Laurel Run,
Plaintiff
V.
JOSEPH A BRESKI and
NANCY L. BRESKI, husband
and wife
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-6506 CIVIL TERM
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Answer to Complaint in
the above captioned matter has been served this day by first class mail upon the
following:
David A. Baric, Esquire
19 West South Street
Carlisle, Pennsylvania 17013
Barbara G. Graybill, Esq. #39859
Graybill & Wise, P.C.
126 Locust Street
PO Box 11489
Harrisburg, PA 17108-1489
717-238-3838
Counsel for Defendant
? °c?
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants
CIVIL ACTION-LAW
MOTION TO COMPEL
NOW, comes Defendant, Piney Partners, LP, d/b/a Village of Laurel Run, by and through
its attorney, David A. Baric, Esquire of O'BRIEN, BARIC & SCHERER, and files within
Motion to Compel and, in support thereof, sets forth the following:
1. On or about January 17, 2007, Plaintiff served Interrogatories upon counsel for
Joseph A. Breski and Nancy L. Breski. A true and correct copy of the Interrogatories is attached
hereto as Exhibit "A" and is incorporated.
2. On or about January 17, 2007, Plaintiff served a Request for Production of
Documents upon counsel for Joseph A. Breski and Nancy L. Breski. A true and correct copy of
the Request for Production of Documents is attached hereto as Exhibit "B" and is incorporated.
3. By correspondence dated February 20, 2007, counsel for Plaintiff reminded
attorney for Jospeh A. Breski and Nancy L. Breski that responses were past due. A true and
correct copy of this correspondence is attached as Exhibit "C."
4. To date, Plaintiff has received no response to the Interrogatories or the Request
for Production of Documents.
5. No Judge of this Court has previously ruled on any motion in this case.
6. On March 9, 2007, counsel for Plaintiff provided a copy of this Motion to the
attorney for Defendants asking for concurrence and no response has been received.
WHEREFORE, Plaintiff requests that Joseph A. Breski and Nancy L. Breski be ordered
and directed to answer the Interrogatories and produce the Documents requested upon
Defendants within thirty (30) days of said order.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
c
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Piney Parners, LP
d/b/a/ Village of Laurel Run
dab.dir/villageoflaurelrun/hull/compel.mot
CERTIFICATE OF SERVICE
I hereby certify that on a , 2007, 1, David A. Baric, Esquire of
O'Brien, Baric & Scherer, did serve a copy of the Motion To Compel, by first class U.S. mail,
postage prepaid, to the parties listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise
126 Locust Street
Harrisburg, Penns lvania 17108
t - 6?-
David A. Baric, Esquire
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
FIRST SET OF INTERROGATORIES
OF PLAINTIFF PROPOUNDED UPON DEFENDANTS
PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules
of Civil Procedure 4009.1, to file the original and serve upon the undersigned a copy of your
Answers and Objections, if any, in writing and under oath, to the following Interrogatories within
thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces
provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer
shall follow on a supplemental sheet.
These shall be deemed to be continuing Interrogatories. If between the time of filing your
Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any
further information not contained in your Answers, or if you learn that any information set forth
in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve
supplemental answers.
Exhibit "A"
DEFINITIONS
A. The term "document" as used herein shall mean the original and any copy, marked
up copy, revision, amendment, modification, non-identical copy and/or draft, or any written,
printed, typed, drawn or other graphic matter of any kind or nature, however, produced or
reproduced, whether or not sent or received, including without limitation; memoranda, reports,
computations, estimates, communications, financial reports or statements, notes, transcripts,
letters, correspondence, intra or inter office communications, envelopes, telegrams, cables,
telephone messages, messages, emails, electronic transmissions, summaries or records of
telephone conversations, summaries or records of personal conversations or interviews, minutes,
notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers,
summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings,
blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil
reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices,
checks, receipts, payroll records, summaries or records of meetings or conferences, minutes or
tape recordings of meetings or conferences, summaries or reports of investigations, opinions or
reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts,
articles, magazines, newspapers, booklets, circulares, bulletins, press releases, notices,
instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion
picture film, microfilms, photographs, tapes or other recordings, punch charts, computer
programs, magnetic tapes, discs, data cells, drums, printout and other data computations from
which information can be obtained, and marginal comments appearing on any documents, and all
other writings in the possession, custody or control of Plaintiffs or their agents, officers,
employees or attorneys.
B. "Defendants" mean Joseph A. Breski and Nancy L. Breski.
C. "Person" or "Persons" shall mean any natural individual or corporation, firm,
partnership, proprietorship, association, joint venture, governmental entity or any other business
or government organization.
D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of
two or more persons for any purpose, whether or not planned, arranged or scheduled in advance.
E. "Communication" shall mean any utterance made, human speech heard,
overheard, or intended to be heard by any person, whether in person, by telephone, by means of
sounding recording, or otherwise.
F. "Identify" means:
(a) When used in reference to a document, describe with sufficient
particularity to form the basis for a Request for Production under Pa. R.C.P. 4009,
including but not limited to the date it was prepared or created, the identity of its
author or originator, the type of document (e. g„ letter, telegram, chart,
photograph, sound recordings, etc.), the identity of its addressee, its present
location and the identity of its present custodian(s). If such document was, but is
no longey, in your possession or subject to your control, state what disposition was
made of it;
(b) When used in reference to a natural person or business entity, "identify"
means to state his or her or its full name, present or last known home address, present or
last known business address, present or last known home telephone number, present or
last known position or affiliation.
G. "Accident," "incident" or "occurrence" mean the transaction or occurrence or
series of transactions or occurrences giving rise to the matters for which Plaintiff is seeking
damages as indicated in the Complaint.
H. "You" means Joseph A. Breski or Nancy L. Breski, or any representative, agent,
servant, officer, or employee thereof.
I. "Piney Partners" means the Plaintiff in this matter.
INSTRUCTIONS
If you object to the production of any documents on the grounds that the attorney-client,
attorney work product or any other privilege is applicable thereto, with respect to that document:
(a) State its date;
(b) Identify its author;
(c) Identify each person who prepared or participated in the preparation of the
documents;
(d) Identify each person who received it;
(e) Identify each person from whom the documents were received;
(f) State the present location of the document and all copies thereof;
(g) Identify each person who has ever had possession, custody or control of it or copy
thereof; and
(h) Provide sufficient information concerning the document and the circumstances
thereof to explain the claim of privilege and to permit the adjudication of the propriety of that
claim.
INTERROGATORIES
Please identify any and all documents which reflect, refer or relate to the transfers
of that real property known as 307 East Main Street, ("Real Property") Shiremanstown which
transfers occurred on March 10, 2006 and March 29, 2006.
ANSWER:
2. Please identify any and all documents which reflect, refer or relate to any debt you
incurred for which the Real Property was given as security.
ANSWER:
3. Please identify any and all documents which reflect, refer or relate to any other
debt assumed by you which debt arose out of the transfers of the Real Property.
ANSWER:
4. Please identify any individual who has resided in the Real Property since March
10, 2006.
ANSWER:
5. Please state any and all repairs made to the Real Property since March 10, 2006.
ANSWER:
6. For each repair identified in response to interrogatory number 6, please state who
made the repair, the cost of the repair, and identify any documents which reflect, refer or relate to
the repair or the cost therefor.
ANSWER:
7. Has the Real Property been listed for sale at any time since March 10, 2006.
ANSWER:
8. If the answer to interrogatory number 6 is in the affirmative, please identify any
and all documents which reflect, refer or relate to the listing of the Real Property for sale.
ANSWER:
9. Please identify any and all appraisals for the Real Property.
ANSWER:
10. Has the Real Property been rented at any time since March 10, 2006.
ANSWER:
11. If the answer to interrogatory number 9 is in the affirmative, please identify the
person(s) who has rented the Real Property, the monthly rent amount and any lease for the Real
Property.
ANSWER:
}
12. Is it your intention to sell the Real Property within five (5) years of March 10,
2006.
ANSWER:
13. Who signed "Joe Breski POA" on the Admission Agreement Signature Page
attached to the Complaint as Exhibit "B".
ANSWER:
14. Who prepared the deeds of conveyance for the transfers of the Real Property
which occurred on March 10, 2006 and March 29, 2006.
ANSWER: ,
15. Why was an interest in the Real Property conveyed to Nancy L. Breski on March
10, 2006.
ANSWER:
16. Why was title to the Real Property conveyed to Nancy L. Breski alone on March
29, 2006.
ANSWER:
17. Please identify any and all estimates you have obtained for any repairs to the real
property.
ANSWER:
18. Please identify any surveys you have for the real property.
ANSWER:
Respectfully submitted,
O' EN, BARIC & SC
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/villageoflaurelrun/huWplaintiffs.int
r
CERTIFICATE OF SERVICE
I hereby certify that on January --/.,7.--,2007, I, David A. Baric, Esquire of O'Brien, Banc
& Scherer, did serve a copy of the First Set Of Interrogatories Of Plaintiff Propounded Upon
Defendants, by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
125 Locust Street
Harrisburg, Pennsylvania 17108
David A. Baric, Esquire
Law O)f1ces
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, Pennsylvania 17013
Robert L. O'Brien (717) 249-6873
David A. Baric Fax: (717) 249-5755
Michael A. Scherer Email., dbaric@obslaw.coni
Robert J. Dailey
February 20, 2007
VIA FACSIMILE: (717) 238-3816
Barbara G. Graybill, Esquire
Graybill & Wise
126 Locust Street
Harrisburg, Pennsylvania 17108
RE: Piney Partners, LP v. Breski
Dear Ms. Graybill:
The time period for responding to my discovery requests has expired. Please advise me as
to when I may expect to receive answers to the interrogatories, production of the requested
documents and a date and time for my appraiser to inspect the property.
Absent a response from you by Monday, February 26, 2007, I will move to compel your
clients to produce the information.
Very truly yours,
O'BRIEN, BARIC & SCHERER
AWP? /. / &
David A. Baric, Esquire
DAB/j1
cc: d Holben VIA FACSIMILE: (717) 352-2142
File
dab.dir/villageonaureirun/bull/graybi112.ltr
Exhibit "C"
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
REQUEST FOR PRODUCTION OF
DOCUMENTS AND THINGS PURSUANT TO Pa.R.C.P. 4009.1
Pursuant to Pa.R.C.P. No. 4009, as amended, the Plaintiff, Piney Partners, L.P. and its
attorneys, O'Brien, Baric and Scherer, request you to produce copies of the following documents
and things at its expense within thirty (30) days of service of this request.
INSTRUCTIONS
If you object to the production of any document on the grounds that the attorney-client,
attorney work-product or any other privilege is applicable thereto, you shall with respect to that
document:
(a) State its date;
(b) Identify its author;
(c) Identify each person from whom the document was received;
(d) Identify each person who received it;
(e) Identify each person from whom the document was received;
(f) . State the present location of document and all copies thereof;
(g) Identify each person who has ever had possession, custody or
control of it or copy thereof; and
(h) Provide sufficient information concerning the document and the
circumstances thereof to explain the claim of privilege and to
permit the adjudication of the propriety of that claim.
Exhibit "B"
.•
As referred to herein, "document" includes written, printed, typed, recorded, or graphic
matter, however produced or reproduced, including correspondence, telegrams, other written
communications, data processing storage units, tapes, contracts, agreements, notes, memoranda,
analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films,
photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of
any of the foregoing) regardless of whether you, your former or present counsel, agents,
employees, officers, insurers, or any other person acting on your behalf, are now in possession,
custody or control.
DOCUMENTS REQUESTED
1. Plaintiff requests the right to inspect and review that real property and buildings
thereon known as 307 East Main Street, Shiremanstown, Cumberland County, Pennsylvania by
and through its representatives and agents within sixty (60) days of the date of this request.
2. Any and all documents identified in your responses to the First Set of
Interrogatories of Plaintiff Propounded Upon Defendants.
3. Any and all documents you intend to introduce at the trial of this matter.
4. Any and all expert reports from any experts you intend to call at the trial of this
matter.
Respectfully submitted,
O' EN, BARIC & SCHE
5David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/villageoflaurelrun/hull/document.req
V.
CERTIFICATE OF SERVICE
I hereby certify that on January 7. 2007, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Request For Production Of Documents and Things Pursuant To
Pa.R.C.P. 4009.1, by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
125 Locust Street
Harrisburg, Pennsylvania 17108
;>A 4 o
David A. Baric, Esquire
ra
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t C'
y
?ARI?:zoos
PINEY PARTNERS, LP, IN THE COURT OF COMMON PLEAS OF
d/b/a Village of Laurel Run, CUMBERLAND COUNTY, PENNSY ANIA
Plaintiff,
NO. 2006- 6506 CIVIL TERM
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
RULE TO SHOW CAUSE
AND NOW, this .2 G ` day of 2007, upon cons
the Motion To Compel, a rule is issued upon Defenants to show cause, if any there
relief requested in the Motion should not be granted.
Rule returnable 20 days from service.
CIVIL ACTION-LAW
BY THE COURT,
? J.
ation of
why the
? I :Z kild 9Z U'W L 0 9 Z
-Hi do
311± 10-O'31fi
.1.
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-6506 CIVIL TERM
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
CIVIL ACTION-LAW
PRAECIPE FOR LIS PENDENS
TO THE PROTHONOTARY:
Please index the above action as a Lis Pendens against the following real property:
ALL that certain lot or piece of land situate in the Borough of Shiremanstown,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the northern side of Main Street, said point being on
hundred fifty (150) feet Eastwardly from the eastern side of High Street, at the
southeast corner of lot new or formerly of Harry Frey; thence along the line of lot
now or formerly of Harry Frey northwardly one hundred fifty (150) feet to a point
on the proposed fourteen (14) foot wide alley; thence Eastwardly along said alley
in a line parallel with Main Street, fifty (50) feet to a point; thence Southwardly in
a line running at right angles to Main Street, one hundred fifty (150) feet to Main
Street; thence Westwardly along Main Street fifty (50) feet to the place of
BEGINNING.
I hereby certify that this action affects the title to or other interest in the above-described
real property.
Respectfully Submitted,
O'BRIEN, BARIC & SC R
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
TA
CERTIFICATE OF SERVICE
I hereby certify that on April 10, 2007, 1, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe for Lis Pendens, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
126 Locust Street
Harrisburg, Pe sylvania 17108
David A. Baric, Esquire
dab.dir/villageoflaurelrun/hull/lispendens.pra
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`t
r
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Plaintiff, Piney Partners, L.P. d/b/a Village Of Laurel Run, by and
through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion To Make
Rule Absolute and, in support thereof, sets forth the following:
1. Plaintiff filed a Motion to Compel in this matter, a true and correct copy of said
Motion is attached hereto as Exhibit "A" and is incorporated.
2. By Order dated March 26, 2007, the Honorable Kevin A. Hess directed
Defendants to show cause why the Motion should not be grated within twenty (20) days of
service. A true and correct copy of the Order is attached hereto as Exhibit "B" and is
incorporated.
3. To May 1, 2007, no answer has been filed by Defendants.
WHEREFORE, Plaintiff requests that the rule be made absolute and Defendants be
ordered to produce complete responses to the Interrogatories and Request for Production of
Documents and Inspection within fifteen (15) days of the date of the order.
Respectfully submitted,
'BRIEN, BA & SCH R
? r
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/v illageoflaurelrun/bull/ruleabsolute. mot
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
RULE TO SHOW CAUSE
AND NOW, this day of , 2007, upon consideration of
the Motion To Compel, a rule is issued upon Defenants to show cause, if any there be, why the
relief requested in the Motion should not be granted.
Rule returnable days from service.
BY THE COURT,
J.
EXHIBIT "A"
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
JOSEPH A. BRESKI and CIVIL ACTION-LAW
NANCY L. BRESKI, husband - ??
and wife,
. t'-
Defendants. : , v cn
Z .? i
MOTION TO COMPEL' y- ?J
NOW, comes Defendant, Piney Partners, LP, d/b/a Village of Laurel Run, by and through
its attorney, David A. Baric, Esquire of O'BRIEN, BARIC & SCHERER, and files within
Motion to Compel and, in support thereof, sets forth the following:
1. On or about January 17, 2007, Plaintiff served Interrogatories upon counsel for
Joseph A. Breski and Nancy L. Breski. A true and correct copy of the Interrogatories is attached
hereto as Exhibit "A" and is incorporated.
2. On or about January 17, 2007, Plaintiff served a Request for Production of
Documents upon counsel for Joseph A. Breski and Nancy L. Breski. A true and correct copy of
the Request for Production of Documents is attached hereto as Exhibit "B" and is incorporated.
3. By correspondence dated February 20, 2007, counsel for Plaintiff reminded
attorney for Jospeh A. Breski and Nancy L. Breski that responses were past due. A true and
correct copy of this correspondence is attached as Exhibit "C."
4. To date, Plaintiff has received no response to the Interrogatories or the Request
for Production of Documents.
5. No Judge of this Court has previously ruled on any motion in this case.
6. On March 9, 2007, counsel for Plaintiff provided a copy of this Motion to the
attorney for Defendants asking for concurrence and no response has been received.
WHEREFORE, Plaintiff requests that Joseph A. Breski and Nancy L. Breski be ordered
and directed to answer the Interrogatories and produce the Documents requested upon
Defendants within thirty (30) days of said order.
Respectfully submitted,
O'BRIEN, BARK & SCHERER
c
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Piney Parners, LP
d/b/a/ Village of Laurel Run
dab.dir/villageoflaurelrun/huWcompel.mot
CERTIFICATE OF SERVICE
I hereby certify that on 1;kkx:? a l , 2007, I, David A. Baric, Esquire of
O'Brien, Baric & Scherer, did serve a copy of the Motion To Compel, by first class U.S. mail,
postage prepaid, to the parties listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise
126 Locust Street
Harrisburg, Penns lvania 1710$
David A. Baric, Esquire
....
e +
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.2006.6506 CIVIL TERM
CIVIL ACTION-LAW
FIRST SET OF INTERROGATORIES
OF PLAINTIFF PROPOUNDED UPON DEFENDANTS
PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules
of Civil Procedure 4009. 1, to file the original and serve upon the undersigned a copy of your
Answers and Objections, if any, in writing and under oath, to the following Interrogatories within
thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces
provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer
shall follow on a supplemental sheet.
These shall be deemed to be continuing Interrogatories. If between the time of filing your
Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any
further information not contained in your Answers, or if you learn that any information set forth
in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve
supplemental answers.
Exhibit ?,A,,
DEFIIV EONS
A. The term "document" as used herein shall mean the original and any copy, marked
up copy, revision, amendment, modification, non-identical copy and/or draft, or any written,
printed, typed, drawn or other graphic matter of any kind or nature, however, produced or
reproduced, whether or not sent or received, including without limitation; memoranda, reports,
computations, estimates, communications, financial reports or statements, notes, transcripts,
letters, correspondence, intra or inter office communications, envelopes, telegrams, cables,
telephone messages, messages, emails, electronic transmissions, summaries or records of
telephone conversations, summaries or records of personal conversations or interviews, minutes,
notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers,
summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings,
blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil
reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices,
checks, receipts, payroll records, summaries or records of meetings or conferences, minutes or
tape recordings of meetings or conferences, summaries or reports of investigations, opinions or
reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts,
articles, magazines, newspapers, booklets, circulares, bulletins, press releases, notices,
instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion
picture film, microfilms, photographs, tapes or other recordings, punch charts, computer
programs, magnetic tapes, discs, data cells, drums, printout and other data computations from
which information can be obtained, and marginal comments appearing on any documents, and all
other writings in the possession, custody or control of Plaintiffs or their agents, officers,
employees or attorneys.
B. "Defendants" mean Joseph A. Breski and Nancy L. Breski. _
C. "Person" or "Persons" shall mean any natural individual or corporation, firm,
partnership, proprietorship, association, joint venture, governmental entity or any other business
or government organization.
D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of
two or more persons for any purpose, whether or not planned, arranged or scheduled in advance.
E. "Communication" shall mean any utterance made, human speech heard,
overheard, or intended to be heard by any person, whether in person, by telephone, by means of
sounding recording, or otherwise.
F. "Identify" means:
(a) When used in reference to a document, describe with sufficient
particularity to form the basis for a Request for Production under Pa. R.C.P. 4009,
including but not limited to the date it was prepared or created, the identity of its
author or originator, the type of document (g_g;, letter, telegram, chart,
photograph, sound recordings, etc.), the identity of its addressee, its present
location and the identity of its present custodian(s). If such document was, but is
no longex, in your possession or subject to your control, state what disposition was
made of it;
(b) When used in reference to a natural person or business entity, "identify"
means to state his or her or its full name, present or last known home address, present or
last known business address, present or last known home telephone number, present or
last known position or affiliation.
G. "Accident," "incident" or "occurrence" mean the transaction or occurrence or
series of transactions or occurrences giving rise to the matters for which Plaintiff is seeking
damages as indicated in the Complaint.
H. "You" means Joseph A. Breski or Nancy L. Breski, or any representative, agent,
servant, officer, or employee thereof.
r
I. "Piney Partners" means the Plaintiff in this matter.
INSTRUCTIONS
If you object to the production of any documents on the grounds that the attorney-client,
attorney work product or any other privilege is applicable thereto, with respect to that document:
(a) State its date;
(b) Identify its author;
(c) Identify each person who prepared or participated in the preparation of the
documents;
(d) Identify each person who received it;
(e) Identify each person from whom the documents were received;
(f) State the present location of the document and all copies thereof;
(g) Identify each person who has ever had possession, custody or control of it or copy
thereof; and
(h) Provide sufficient information concerning the document and the circumstances
thereof to explain the claim of privilege and to permit the adjudication of the propriety of that
claim.
s
1. Please identify any and all documents which reflect, refer or relate to the transfers
of that real property known as 307 East Main Street, ("Real Property') Shiremanstown which
transfers occurred on March 10, 2006 and March 29, 2006.
ANSWER:
2. Please identify any and all documents which reflect, refer or relate to any debt you
incurred for which the Real Property was given as security.
ANSWER:
I Please identify any and all documents which reflect, refer or relate to any other
debt assumed by you which debt arose out of the transfers of the Real Property.
ANSWER:
4. Please identify any individual who has resided in the Real Property since March
l0, 2006.
ANSWER:
5. Please state any and all repairs made to the Real Property since March 10, 2006.
ANSWER:
6. For each repair identified in response to interrogatory number 6, please state who
made the repair, the cost of the repair, and identify any documents which reflect, refer or relate to
the repair or the cost therefor.
ANSWER:
7. Has the Real Property been listed for sale at any time since March 10, 2006.
ANSWER:
8. If the answer to interrogatory number 6 is in the affirmative, please identify any
and all documents which reflect, refer or relate to the listing of the Real Property for sale.
ANSWER:
9. Please identify any and all appraisals for the Real Property.
ANSWER:
10. Has the Real Property been rented at any time since March 10, 2006.
ANSWER:
11. If the answer to interrogatory number 9 is in the affirmative, please identify the
person(s) who has rented the Real Property, the monthly rent amount and any lease for the Real
Property.
ANSWER:
12. Is it your intention to sell the Real Property within five (5) years of March 10,
2006.
ANSWER:
13. Who signed "Joe Breski POA" on the Admission Agreement Signature Page
attached to the Complaint as Exhibit "B".
ANSWER:
14. Who prepared the deeds of conveyance for the transfers of the Real Property
which occurred on March 10, 2006 and March 29, 2006.
ANSWER:
15. Why was an interest in the Real Property conveyed to Nancy L. Breski on March
10, 2006.
ANSWER:
16. Why was title to the Real Property conveyed to Nancy L. Bresid alone on March
29, 2006.
ANSWER:
17. Please identify any and all estimates you have obtained for any repairs to the real
property.
ANSWER:
18. Please identify any surveys you have for the real property.
ANSWER:
Respectfully submitted,
' N, BARIC & SC
O
N David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dirtvflfageoflaurelrun/6uWplaintiffs.int
3
CERTIFICATE OF SERVICE
I hereby certify that on January -.4.1-Z-92007, I, David A. Baric, Esquire of O'Brien, garie
& Scherer, did serve a copy of the First Set Of Interrogatories Of Plaintiff Propounded Upon
Defendants, by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
125 Locust Street
Harrisburg, Pennsylvania 17108
David A. Baric, Esquire
Robert L. O'Brien
David A. Baric
Michael A. Scherer
Robert J. Dailey
(717) 249-6873
Fax: (717) 249-5755
Email.-
February 20, 2007
VIA FACSIMILE: (717) 238-3816
Barbara G. Graybill, Esquire
Graybill & Wise
126 Locust Street
Harrisburg, Pennsylvania 17108
RE: Piney Partners. LP v. Breski
Dear Ms. Graybill:
The time period for responding to my discovery requests has expired. Please advise me as
to when I may expect to receive answers to the interrogatories, production of the requested
documents and a date and time for my appraiser to inspect the property.
Absent a response from you by Monday, February 26, 2007, I will move to compel your
clients to produce the information.
Very truly yours,
O'BRIEN, BARIC & SCHERER
David A. Baric, Esquire
DAB/jl
cc: d Holben VIA FACSIMILE: (717) 352-2142
File
dab.dirtvillageotlaurelrun/hulVgraybill2.ltr
Law Dices
D'BRIEN, BARK & SCHERER
19 West South Street
Carlisle, Pennsylvania 17013
Exhibit "C"
't
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
REQUEST FOR PRODUCTION OF
DOCUMENTS AND THINGS PURSUANT TO Pa.RC.P. 4009.1
Pursuant to Pa.R.C.P. No. 4009, as amended, the Plaintiff, Piney Partners, L.P. and its
attorneys, O'Brien, Baric and Scherer, request you to produce copies of the following documents
and things at its expense within thirty (30) days of service of this request.
INSTRUCTIONS
If you object to the production of any document on the grounds that the attorney-client,
attorney work-product or any other privilege is applicable thereto, you shall with respect to that
document:
(a) State its date;
(b) Identify its author;
(c) Identify each person from whom the document was received;
(d) Identify each person who received it;
(e) Identify each person from whom the document was received;
(f) State the present location of document and all copies thereof;
(g) Identify each person who has ever had possession, custody or
control of it or copy thereof; and
(h) Provide sufficient information concerning the document and the
circumstances thereof to explain the claim of privilege and to
permit the adjudication of the propriety of that claim.
Exhibit "B"
As referred to herein, "document" includes written, printed, typod, recorded, or gamic
matter, however produced or reproduced, including correspondence, telegrams, other written .
communications, data processing storage units, tapes, contracts, agreements, notes, memoranda,
analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films,
photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of
any of the foregoing) regardless of whether you, your former or present counsel, agents,
employees, officers, insurers, or any other person acting on your behalf, are now in possession,
custody or control.
DOCUMENTS REQUESTED
1. Plaintiff requests the right to inspect and review that real property and buildings
thereon known as 307 East Main Street, Shiremanstown, Cumberland County, Pennsylvania by
and through its representatives and agents within sixty (60) days of the date of this request.
2. Any and all documents identified in your responses to the First Set of
Interrogatories of Plaintiff Propounded Upon Defendants.
3. Any and all documents you intend to introduce at the trial of this matter.
4. Any and all expert reports from any experts you intend to call at the trial of this
matter.
Respectfully submitted,
O' EN, BARIC & SCHE
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dirtvillageoflaurelrun/hulVdocument.req
cER TE OF
SE VICE
I hereby certify that on January /7 2007t I, David A. Boric, Esquire of O'Brien, Ba rie.dt
Scherer, did serve a copy of the Request For Production Of Documents and Things Pursuant To
Pa.R.C.P. 4009.1, by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
125 Locust Street
Harrisburg, Pennsylvania 17108
David A. Baric, Esquire
MAR 2j wqf/
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVII, ACTION-LAW
RULE TO SHOW CAUSE
AND NOW, this day o , 2007, upon consideration of
the Motion To Compel, a rule is issued upon Defenants to show cause, if any there be, why the
relief requested in the Motion should not be granted.
Rule returnable _ A2,C) days from service.
BY THE COURT,
a NMI
J.
EXHIBIT "B"
CERTIFICATE OF SERVICE
I hereby certify that on May 0 , 2007, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Motion To Make Rule Absolute, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
126 Locust Street
Harrisburg, P sylvania 17108
David A. Baric, Esquire
rte ?
J-
^
t:_ `
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
DEFENDANTS' MOTION FOR SANCTIONS
1. Pursuant to Rule 4019(a)(1)(viii)(c) and (g)(1), Plaintiff, Piney Partners, L.P.
moves for sanctions against Defendants, Joseph A. Breski and Nancy L. Breski, for failing to
obey an Order of this Court compelling discovery.
2. On or about January 17, 2007, Plaintiff served upon Defendants Interrogatories
and Document Requests.
3. True and correct copies of Plaintiff's Interrogatories and Document Requests are
attached as Exhibits "A" and "B" and are incorporated by reference.
4. Pursuant to Rule 4006 (a) (2), answers to the Interrogatories and Document
Requests were due on or about February 16, 2007.
5. On March 21, 2007, Plaintiff filed a Motion to Compel Discovery from
Defendants. A true and correct copy of this Motion is attached as Exhibit "C" and is
incorporated.
6. The Honorable Kevin A. Hess issued an order compelling Defendants to respond
to the discovery requests within twenty (20) days of March 26, 2007. A true and correct copy of
the Order is attached hereto as Exhibit "D."
7 On May 7, 2007, Plaintiff filed a Motion To Make Rule Absolute. A true and
correct copy of the Motion is attached hereto as Exhibit "E".
8. On May 14, 2007, the Honorable Kevin A. Hess issued an Order making the Rule
previously issued in this matter on March 26, 2007 absolute with discovery to be provided within
fifteen (15) days of the Order.
9. To the date of this pleading, no discovery responses have been produced by the
Defendants.
10. Pursuant to Rule 4019 (c) and (g)(1) of the Pennsylvania Rules of Civil
Procedure, the Court may grant a Motion For Sanctions when a party fails to comply with its
Order compelling compliance.
11. Pursuant to Rule 4019(c) and (g)(1), Plaintiff requests that this Court grant
Plaintiff sanctions against Defendants by entering an Order that:
(a) Directs Defendants to provide full and complete answers to
interrogatories and produce all documents responsive to the request for production
within ten (10) days of the date of this Court's order or be subject to a file of
$50.00 per day for everyday thereafter that discovery has not been provided;
(b) Grants Plaintiff reasonable attorney fees incurred as a result of
Defendant's noncompliance with the prior Order and this motion for sanctions in
the amount of $250.00; and,
(c) Enter an Order prohibiting Defendants from using information or evidence
responsive to the discovery requests to support their defenses.
(d) Such other relief as is deemed just and proper.
WHEREFORE, Plaintiff request that this Court enter an Order granting their motion and
the relief requested therein, as well as attorney's fees, costs and such other relief as the Court
deems appropriate.
Respectfully submitted,
Date:
O'BRIEN, BARK SCHERE
David A. Baric, Esquire
I.D. #44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/villageoflaurelrun/hull/sanction.mot
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,KdVIQNOHi0,d 3R L JO
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
FIRST SET OF INTERROGATORIES
OF PLAINTIFF PROPOUNDED UPON DEFENDANTS
PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules
of Civil Procedure 4009. 1, to file the original and serve upon the undersigned a copy of your
Answers and Objections, if any, in writing and under oath, to the following Interrogatories within
thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces
provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer
shall follow on a supplemental sheet.
These shall be deemed to be continuing Interrogatories. If between the time of filing your
Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any
further information not contained in your Answers, or if you learn that any information set forth
in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve
supplemental answers.
Exhibit "A"
DEFINITIONS
A. The term "document" as used herein shall mean the original and any copy, marked
up copy, revision, amendment, modification, non-identical copy and/or draft, or any written,
printed, typed, drawn or other graphic matter of any kind or nature, however, produced or
reproduced, whether or not sent or received, including without limitation; memoranda, reports,
computations, estimates, communications, financial reports or statements, notes, transcripts,
letters, correspondence, intra or inter office communications, envelopes, telegrams, cables,
telephone messages, messages, emails, electronic transmissions, summaries or records of
telephone conversations, summaries or records of personal conversations or interviews, minutes,
notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers,
summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings,
blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil
reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices,
checks, receipts, payroll records, summaries or records of meetings or conferences, minutes or
tape recordings of meetings or conferences, summaries or reports of investigations, opinions or
reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts,
articles, magazines, newspapers, booklets, circulares, bulletins, press releases, notices,
instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion
picture film, microfilms, photographs, tapes or other recordings, punch charts, computer
programs, magnetic tapes, discs, data cells, drums, printout and other data computations from
which information can be obtained, and marginal comments appearing on any documents, and all
other writings in the possession, custody or control of Plaintiffs or their agents, officers,
employees or attorneys.
B. "Defendants" mean Joseph A. Breski and Nancy L. Breski.
C. "Person" or "Persons" shall mean any natural individual or corporation, firm,
partnership, proprietorship, association, joint venture, governmental entity or any other business
or government organization.
D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of
two or more persons for any purpose, whether or not planned, arranged or scheduled in advance.
E. "Communication" shall mean any utterance made, human speech heard,
overheard, or intended to be heard by any person, whether in person, by telephone, by means of
sounding recording, or otherwise.
F. "Identify" means:
(a) When used in reference to a document, describe with sufficient
particularity to form the basis for a Request for Production under Pa. R.C.P. 4009,
including but not limited to the date it was prepared or created, the identity of its
author or originator, the type of document (e, letter, telegram, chart,
photograph, sound recordings, etc.), the identity of its addressee, its present
location and the identity of its present custodian(s). If such document was, but is
no longer, in your possession or subject to your control, state what disposition was
made of it;
(b) When used in reference to a natural person or business entity, "identify"
means to state his or her or its full name, present or last known home address, present or
last known business address, present or last known home telephone number, present or
last known position or affiliation.
G. "Accident," "incident" or "occurrence" mean the transaction or occurrence or
series of transactions or occurrences giving rise to the matters for which Plaintiff is seeking
damages as indicated in the Complaint.
H. "You" means Joseph A. Breski or Nancy L. Breski, or any representative, agent,
servant, officer, or employee thereof.
I. "Piney Partners" means the Plaintiff in this matter.
INSTRUCTIONS
If you object to the production of any documents on the grounds that the attorney-client,
attorney work product or any other privilege is applicable thereto, with respect to that document:
(a) State its date;
(b) Identify its author;
(c) Identify each person who prepared or participated in the preparation of the
documents;
(d) Identify each person who received it;
(e) Identify each person from whom the documents were received;
(f) State the present location of the document and all copies thereof;
(g) Identify each person who has ever had possession, custody or control of it or copy
thereof; and
(h) Provide sufficient information concerning the document and the circumstances
thereof to explain the claim of privilege and to permit the adjudication of the propriety of that
claim.
INTERROGATORIES
1. Please identify any and all documents which reflect, refer or relate to the transfers
of that real property known as 307 East Main Street, ("Real Property") Shiremanstown which
transfers occurred on March 10, 2006 and March 29, 2006.
ANSWER:
2. Please identify any and all documents which reflect, refer or relate to any debt you
incurred for which the Real Property was given as security.
ANSWER:
3. Please identify any and all documents which reflect, refer or relate to any other
debt assumed by you which debt arose out of the transfers of the Real Property.
ANSWER:
4. Please identify any individual who has resided in the Real Property since March
10, 2006.
ANSWER:
Please state any and all repairs made to the Real Property since March 10, 2006.
ANSWER:
6. For each repair identified in response to interrogatory number 6, please state who
made the repair, the cost of the repair, and identify any documents which reflect, refer or relate to
the repair or the cost therefor.
ANSWER:
7. Has the Real Property been listed for sale at any time since March 10, 2006.
ANSWER:
8. If the answer to interrogatory number 6 is in the affirmative, please identify any
and all documents which reflect, refer or relate to the listing of the Real Property for sale.
ANSWER:
9. Please identify any and all appraisals for the Real Property.
ANSWER:
10. Has the Real Property been rented at any time since March 10, 2006.
ANSWER:
11. If the answer to interrogatory number 9 is in the affirmative, please identify the
person(s) who has rented the Real Property, the monthly rent amount and any lease for the Real
Property.
ANSWER:
r
t
12. Is it your intention to sell the Real Property within five (5) years of March 10,
2006.
ANSWER:
13. Who signed "Joe Breski POA" on the Admission Agreement Signature Page
attached to the Complaint as Exhibit "B".
ANSWER:
14. Who prepared the deeds of conveyance for the transfers of the Real Property
which occurred on March 10, 2006 and March 29, 2006.
ANSWER:
15. Why was an interest in the Real Property conveyed to Nancy L. Breski on March
10, 2006.
ANSWER:
16. Why was title to the Real Property conveyed to Nancy L. Breski alone on March
29, 2006.
ANSWER:
17. Please identify any and all estimates you have obtained for any repairs to the real
property.
ANSWER:
18. Please identify any surveys you have for the real property.
ANSWER:
Respectfully submitted,
O' EN, BARIC & SCH
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/villageoflaurelrun/hulVplaintiffs.int
CERTIFICATE OF SERVICE
I hereby certify that on January f . 2007, I, David A. Baric, Esquire of O'Brien, Bark
& Scherer, did serve a copy of the First Set Of Interrogatories Of Plaintiff Propounded Upon
Defendants, by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
125 Locust Street
Harrisburg, Pennsylvania 17108
David A. Baric, Esquire
PINEY PARTNERS, LP, IN THE COURT OF COMMON PLEAS OF
d/b/a Village of Laurel Run, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
NO. 2006- 6506 CIVIL TERM
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
CIVIL ACTION-LAW
REQUEST FOR PRODUCTION OF
DOCUMENTS AND THINGS PURSUANT TO Pa.R.C.P. 4009.1
Pursuant to Pa.R.C.P. No. 4009, as amended, the Plaintiff, Piney Partners, L.P. and its
attorneys, O'Brien, Baric and Scherer, request you to produce copies of the following documents
and things at its expense within thirty (30) days of service of this request.
INSTRUCTIONS
If you object to the production of any document on the grounds that the attorney-client,
attorney work-product or any other privilege is applicable thereto, you shall with respect to that
document:
(a) State its date;
(b) Identify its author;
(c) Identify each person from whom the document was received;
(d) Identify each person who received it;
(e) Identify each person from whom the document was received;
(f) State the present location of document and all copies thereof;
(g) Identify each person who has ever had possession, custody or
control of it or copy thereof; and
(h) Provide sufficient information concerning the document and the
circumstances thereof to explain the claim of privilege and to
permit the adjudication of the propriety of that claim.
Exhibit"B"
As referred to herein, "document" includes written, printed, typed, recorded, or graphic
matter, however produced or reproduced, including correspondence, telegrams, other written
communications, data processing storage units, tapes, contracts, agreements, notes, memoranda,
analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films,
photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of
any of the foregoing) regardless of whether you, your former or present counsel, agents,
employees, officers, insurers, or any other person acting on your behalf, are now in possession,
custody or control.
DOCUMENTS REQUESTED
1. Plaintiff requests the right to inspect and review that real property and buildings
thereon known as 307 East Main Street, Shiremanstown, Cumberland County, Pennsylvania by
and through its representatives and agents within sixty (60) days of the date of this request.
2. Any and all documents identified in your responses to the First Set of
Interrogatories of Plaintiff Propounded Upon Defendants.
3. Any and all documents you intend to introduce at the trial of this matter.
4. Any and all expert reports from any experts you intend to call at the trial of this
matter.
Respectfully submitted,
O' EN, BARIC & SCHE
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/villageoflaurelrun/hull/document.req
CERTIFICATE OF SERVICE
I hereby certify that on January 2007, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Request For Production Of Documents and Things Pursuant To
Pa.R.C.P. 4009. 1, by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
125 Locust Street
Harrisburg, Pennsylvania 17108
David A. Baric, Esquire
i
PINEY PARTNERS, LP, IN THE COURT OF COMMON PLEAS OF
d/b/a Village of Laurel Run, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
. NO. 2006- 6506 CIVIL TERM
V. .
JOSEPH A. BRESKI and CIVIL ACTION-LAW
NANCY L. BRESKI, husband C)
and wife,
Defendants.
MOTION TO COMPEL
NOW, comes Defendant, Piney Partners, LP, d/b/a Village of Laurel Run, by and through
its attorney, David A. Baric, Esquire of O'BRIEN, BARIC & SCHERER, and files within
Motion to Compel and, in support thereof, sets forth the following:
1. On or about January 17, 2007, Plaintiff served Interrogatories upon counsel for
Joseph A. Breski and Nancy L. Breski. A true and correct copy of the Interrogatories is attached
hereto as Exhibit "A" and is incorporated.
2. On or about January 17, 2007, Plaintiff served a Request for Production of
Documents upon counsel for Joseph A. Breski and Nancy L. Breski. A true and correct copy of
the Request for Production of Documents is attached hereto as Exhibit "B" and is incorporated.
3. By correspondence dated February 20, 2007, counsel for Plaintiff reminded
attorney for Jospeh A. Breski and Nancy L. Breski that responses were past due. A true and
correct copy of this correspondence is attached as Exhibit "C."
4. To date, Plaintiff has received no response to the Interrogatories or the Request
for Production of Documents.
5. No Judge of this Court has previously ruled on any motion in this case.
Exhibit "C"
6. On March 9, 2007, counsel for Plaintiff provided a copy of this Motion to the
attorney for Defendants asking for concurrence and no response has been received.
WHEREFORE, Plaintiff requests that Joseph A. Breski and Nancy L. Breski be ordered
and directed to answer the Interrogatories and produce the Documents requested upon
Defendants within thirty (30) days of said order.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
c
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Piney Parners, LP
d/b/a/ Village of Laurel Run
dab.dir/villageoflaurelrun/huWcompel.mot
CERTIFICATE OF SERVICE
I hereby certify that on I?Pmerel- a r , 2007, I, David A. Baric, Esquire of
O'Brien, Baric & Scherer, did serve a copy of the Motion To Compel, by first class U.S. mail,
postage prepaid, to the parties listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise
126 Locust Street
Harrisburg, Penns lvania 17108
6u-
David A. Baric, Esquire
• i
N _... .
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
FIRST SET OF INTERROGATORIES
OF PLAINTIFF PROPOUNDED UPON DEFENDANTS
PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules
of Civil Procedure 4009. 1, to file the original and serve upon the undersigned a copy of your
Answers and Objections, if any, in writing and under oath, to the following Interrogatories within
thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces
provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer
shall follow on a supplemental sheet.
These shall be deemed to be continuing Interrogatories. If between the time of filing your
Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any
further information not contained in your Answers, or if you learn that any information set forth
in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve
supplemental answers.
Exhibit "A"
DEFINITIONS
A. The term "document" as used herein shall mean the original and any copy, marked
up copy, revision, amendment, modification, non-identical copy and/or draft, or any written,
printed, typed, drawn or other graphic matter of any kind or nature, however, produced or
reproduced, whether or not sent or received, including without limitation; memoranda, reports,
computations, estimates, communications, financial reports or statements, notes, transcripts,
letters, correspondence, intra or inter office communications, envelopes, telegrams, cables,
telephone messages, messages, emails, electronic transmissions, summaries or records of
telephone conversations, summaries or records of personal conversations or interviews, minutes,
notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers,
summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings,
blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil
reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices,
checks, receipts, payroll records, summaries or records of meetings or conferences, minutes or
tape recordings of meetings or conferences, summaries or reports of investigations, opinions or
reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts,
articles, magazines, newspapers, booklets, circulares, bulletins, press releases, notices,
instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion
picture film, microfilms, photographs, tapes or other recordings, punch charts, computer
programs, magnetic tapes, discs, data cells, drums, printout and other data computations from
which information can be obtained, and marginal comments appearing on any documents, and all
other writings in the possession, custody or control of Plaintiffs or their agents, officers,
employees or attorneys.
B. "Defendants" mean Joseph A. Breski and Nancy L. Breski.
C. "Person" or "Persons" shall mean any natural individual or corporation, firm,
partnership, proprietorship, association, joint venture, governmental entity or any other business
or government organization.
D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of
two or more persons for any purpose, whether or not planned, arranged or scheduled in advance.
E. "Communication" shall mean any utterance made, human speech heard,
overheard, or intended to be heard by any person, whether in person, by telephone, by means of
sounding recording, or otherwise.
F. "Identify" means:
(a) When used in reference to a document, describe with sufficient
particularity to form the basis for a Request for Production under Pa. R.C.P. 4009,
including but not limited to the date it was prepared or created, the identity of its
author or originator, the type of document (e.&., letter, telegram, chart,
photograph, sound recordings, etc.), the identity of its addressee, its present
location and the identity of its present custodian(s). If such document was, but is
no longer, in your possession or subject to your control, state what disposition was
made of it;
(b) When used in reference to a natural person or business entity, "identify"
means to state his or her or its full name, present or last known home address, present or
last known business address, present or last known home telephone number, present or
last known position or affiliation.
G. "Accident," "incident" or "occurrence" mean the transaction or occurrence or
series of transactions or occurrences giving rise to the matters for which Plaintiff is seeking
damages as indicated in the Complaint.
H. "You" means Joseph A. Breski or Nancy L. Breski, or any representative, agent,
servant, officer, or employee thereof.
I. "Piney Partners" means the Plaintiff in this matter.
INSTRUCTIONS
If you object to the production of any documents on the grounds that the attorney-client,
attorney work product or any other privilege is applicable thereto, with respect to that document:
(a) State its date;
(b) Identify its author;
(c) Identify each person who prepared or participated in the preparation of the
documents;
(d) Identify each person who received it;
(e) Identify each person from whom the documents were received;
(f) State the present location of the document and all copies thereof;
(g) Identify each person who has ever had possession, custody or control of it or copy
thereof; and
(h) Provide sufficient information concerning the document and the circumstances
thereof to explain the claim of privilege and to permit the adjudication of the propriety of that
claim.
1. Please identify any and all documents which reflect, refer or relate to the transfers
of that real property known as 307 East Main Street, ("Real Property" Shiremanstown which
transfers occurred on March 10, 2006 and March 29, 2006.
ANSWER:
2. Please identify any and all documents which reflect, refer or relate to any debt you
incurred for which the Real Property was given as security.
ANSWER:
3. Please identify any and all documents which reflect, refer or relate to any other
debt assumed by you which debt arose out of the transfers of the Real Property.
ANSWER:
4. Please identify any individual who has resided in the Real Property since March
10, 2006.
ANSWER:
5. Please state any and all repairs made to the Real Property since March 10, 2006.
ANSWER:
6. For each repair identified in response to interrogatory number 6, please state who
made the repair, the cost of the repair, and identify any documents which reflect, refer or relate to
the repair or the cost therefor.
ANSWER:
7. Has the Real Property been listed for sale at any time since March 10, 2006.
ANSWER:
8. If the answer to interrogatory number 6 is in the affirmative, please identify any
and all documents which reflect, refer or relate to the listing of the Real Property for sale.
ANSWER:
9. Please identify any and all appraisals for the Real Property.
ANSWER:
10. Has the Real Property been rented at any time since March 10, 2006.
ANSWER:
11. If the answer to interrogatory number 9 is in the affirmative, please identify the
person(s) who has rented the Real Property, the monthly rent amount and any lease for the Real
Property.
ANSWER:
r
12. Is it your intention to sell the Real Property within five (5) years of March 10,
2006.
ANSWER:
13. Who signed "Joe Breski POA" on the Admission Agreement Signature Page
attached to the Complaint as Exhibit. "B".
ANSWER:
14. Who prepared the deeds of conveyance for the transfers of the Real Property
which occurred on March 10, 2006 and March 29, 2006.
ANSWER:
15. Why was an interest in the Real Property conveyed to Nancy L. Breski on March
10, 2006.
ANSWER:
16. Why was tide to the Real Property conveyed to Nancy L. Breski alone on March
29, 2006.
ANSWER:
17. Please identify any and all estimates you have obtained for any repairs to the real
property.
ANSWER:
18. Please identify any surveys you have for the real property.
ANSWER:
Respectfully submitted,
O' N, BARIC & SC
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/villageotlaurelrun/huWplaintiffs.int
CER MATE OF SE E
I hereby certify that on January 1 2007, I, David A. Baric, Esquire of O'Brien, Banc
& Scherer, did serve a copy of the First Set Of Interrogatories Of Plaintiff Propounded Upon
Defendants, by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
125 Locust Street
Harrisburg, Pennsylvania 17108
David A. Baric, Esquire
Law Offices
O'BRIEIV, BARK R SCHERER
19 West South Street
Carlisle, Pennsylvania 17013
Robert L. O'Brien
David A. Baric
Michael A. Scherer
Robert J. Dailey
February 20, 2007
VIA FACSIMILE: (717) 238-3816
Barbara G. Graybill, Esquire
Graybill & Wise
126 Locust Street
Harrisburg, Pennsylvania 17108
RE: Piney Partners. LP v. Breski
Dear Ms. Graybill:
(717) 249-6873
Fax: (717) 249-5755
Email.- ri &6l w c m
The time period for responding to my discovery requests has expired. Please advise me as
to when I may expect to receive answers to the interrogatories, production of the requested
documents and a date and time for my appraiser to inspect the property.
Absent a response from you by Monday, February 26, 2007, I will move to compel your
clients to produce the information.
Very truly yours,
O'BRIEN, BARIC & SCHERER
David A. Baric, Esquire
DAB/jl
cc: d Holben VIA FACSIMILE: (717) 352-2142
File
dab.d ir/villageoflaurelrun/hull/graybill2.ltr
Exhibit "C"
PINEY PARTNERS, LP, .
d/b/a Village of Laurel Run, .
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
REQUEST FOR PRODUCTION OF
DOCUMENTS AND THINGS PURSUANT TO Pa.R.C.P. 4009.1
Pursuant to Pa.R.C.P. No. 4009, as amended, the Plaintiff, Piney Partners, L.P. and its
attorneys, O'Brien, Baric and Scherer, request you to produce copies of the following documents
and things at its expense within thirty (30) days of service of this request.
INSTRUCTIONS
If you object to the production of any document on the grounds that the attorney-client,
attorney work-product or any other privilege is applicable thereto, you shall with respect to that
document:
(a) State its date;
(b) Identify its author;
(c) Identify each person from whom the document was received;
(d) Identify each person who received it;
(e) Identify each person from whom the document was received;
(f) State the present location of document and all copies thereof;
(g) Identify each person who has ever had possession, custody or
control of it or copy thereof; and
(h) Provide sufficient information concerning the document and the
circumstances thereof to explain the claim of privilege and to
permit the adjudication of the propriety of that claim.
Exhibit "B"
r '
or
As referred to herein, "document" includes written, printed, typed, recorded, laphic
matter, however produced or reproduced, including correspondence, telegrams, other written ,
communications, data processing storage units, tapes, contracts, agreements, notes, memoranda,
analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films,
photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of
any of the foregoing) regardless of whether you, your former or present counsel, agents,
employees, officers, insurers, or any other person acting on your behalf, are now in possession,
custody or control.
DOCUMENTS REQUESTED
1. Plaintiff requests the right to inspect and review that real property and buildings
thereon known as 307 East Main Street, Shiremanstown, Cumberland County, Pennsylvania by
and through its representatives and agents within sixty (60) days of the date of this request.
2. Any and all documents identified in your responses to the First Set of
Interrogatories of Plaintiff Propounded Upon Defendants.
3. Any and all documents you intend to introduce at the trial of this matter.
4. Any and all expert reports from any experts you intend to call at the trial of this
matter.
Respectfully submitted,
O' EN, BARIC & SCHER4
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/villageonaurelrun/hull/document.req
CERTIFICATE O SERVICE
I hereby certify that on January 17.2007, I, David A. Baric, Esquire of O'Brien, Baric dt
Scherer, did serve a copy of the Request For Production Of Documents and Things Pursuant To
Pa.R.C.P. 4009.1, by first class U.S. mail, postage prepaid, to the party listed below, as follows.
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
125 Locust Street
Harrisburg, Pennsylvania 17108
David A. Baric, Esquire
MAR..2 2 2007 PI/
PINEY PARTNERS, LP, IN THE COURT OF COMMON PLEAS OF
d/b/a Village of Laurel Run, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
NO. 2006- 6506 CIVIL TERM
V.
JOSEPH A. BRESKI and CIVIL ACTION-LAW
NANCY L. BRESKI, husband
and wife,
Defendants.
RULE TO SHOW CAUSE
AND NOW, this day o , 2007, upon consideration of
the Motion To Compel, a rule is issued upon Defenants to show cause, if any there be, why the
relief requested in the Motion should not be granted.
Rule returnable days from service.
BY THE COURT,
a rt so NMI
J.
Exhibit "D"
MAY 0 6 20070'
PINEY PARTNERS, LP, IN THE COURT OF COMMON PLEAS OF
d/b/a Village of Laurel Run, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
NO. 2006- 6506 CIVIL TERM
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this day of :.., , 2007, upon review of the
attached Motion To Make Rule Absolute, it is hereby ordered and decreed that Rule previously
issued relative to this matter is absolute.
BY THE COURT,
J.
j RUE COPY FROM REODMF
Tod k=W wWW' I here ura sat my hfc
the sd of said court at or", ft.
Exhibit "E"?
II .
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
C
1
Q -1
1
C_
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Plaintiff, Piney Partners, L.P. d/b/a Village Of Laurel Run, by and
through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion To Make
Rule Absolute and, in support thereof, sets forth the following:
1. Plaintiff filed a Motion to Compel in this matter, a true and correct copy of said
motion is attached hereto as Exhibit "A" and is incorporated.
2. By Order dated March 26, 2007, the Honorable Kevin A. Hess directed
Defendants to show cause why the Motion should not be grated within twenty (20) days of
service. A true and correct copy of the Order is attached hereto as Exhibit "B" and is
incorporated.
3.
To May 1, 2007, no answer has been filed by Defendants.
WHEREFORE, Plaintiff requests that the rule be made absolute and Defendants be
ordered to produce complete responses to the Interrogatories and Request for Production of
Documents and Inspection within fifteen (15) days of the date of the order.
Respectfully submitted,
BRIEN, B & SCH
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/villageoflaurelrun/hull/ruleabsolute.mot
f?
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA -
NO. 2006- 6506 CIVIL TERM
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife, .
Defendants.
CIVIL ACTION-LAW
RULE TO SHOW CAUSE
AND NOW, this day of , 2007, upon consideration of
the Motion To Compel, a rule is issued upon Defenants to show cause, if any there be, why the
relief requested in the Motion should not be granted.
Rule returnable days from service.
BY THE COURT,
J.
EXHIBIT "A"
PINEY PARTNERS, LP, IN THE COURT OF COMMON PLEAS OF
d/b/a Village of Laurel Run, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
NO. 2006- 6506 CIVIL TERM
V. .
JOSEPH A. BRESKI and CIVIL ACTION-LAW
NANCY L. BRESKI, husband
n
and wife, ?.? z
Defendants. --c:'
?-
`
Ob
MOTION TO COMPEL
a
NOW, comes Defendant, P iney Partners, LP, d/b/a Village of Laurel Run, by and through
its attorney, David A. Baric, Esquire of O'BRIEN, BARIC & SCHERER, and files within
Motion to Compel and, in support thereof, sets forth the following:
1. On or about January 17, 2007, Plaintiff served Interrogatories upon counsel for
Joseph A. Breski and Nancy L. Breski. A true and correct copy of the Interrogatories is attached
hereto as Exhibit "A" and is incorporated.
2. On or about January 17, 2007, Plaintiff served a Request for Production of
Documents upon counsel for Joseph A. Breski and Nancy L. Breski. A true and correct copy of
the Request for Production of Documents is attached hereto as Exhibit "B" and is incorporated.
3. By correspondence dated February 20, 2007, counsel for Plaintiff reminded
attorney for Jospeh A. Breski and Nancy L. Breski that responses were past due. A true and
correct copy of this correspondence is attached as Exhibit "C."
4. To date, Plaintiff has received no response to the Interrogatories or the Request
for Production of Documents.
5. No Judge of this Court has previously ruled on any motion in this case.
6. On March 9, 2007, counsel for Plaintiff provided a copy of this Motion to the
attorney for Defendants asking for concurrence and no response has been received.
WHEREFORE, Plaintiff requests that Joseph A. Breski and Nancy L. Breski be ordered
and directed to answer the Interrogatories and produce the Documents requested upon
Defendants within thirty (30) days of said order.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
c
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Piney Parners, LP
d/b/a/ Village of Laurel Run
dab.dir/villageoflaurelrun/huWcompel.mot
CERTIFICATE OF SERVICE
I hereby certify that on IAWel- a l , 2007, I, David A. Baric, Esquire of
O'Brien, Baric & Scherer, did serve a copy of the Motion To Compel, by first class U.S. mail,
postage prepaid, to the parties listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise
126 Locust Street
Harrisburg, Penns lvania 17108
t
David A. Baric, Esquire
•
PINEY PARTNERS, LP,
d/bla Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
FIRST SET OF INTERROGATORIES
OF PLA11P TI" PROPOUNDED UPON DEFENDANTS
PLEASE TAKE NOTICE that you are hereby required pursuant to Pennsylvania Rules
of Civil Procedure 4009. 1, to file the original and serve upon the undersigned a copy of your
Answers and Objections, if any, in writing and under oath, to the following Interrogatories within
thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the spaces
provided. If there is insufficient space to answer an Interrogatory, the remainder of the answer
shall follow on a supplemental sheet.
These shall be deemed to be continuing Interrogatories. If between the time of filing your
Answers and the time of trial of this matter, you, or anyone acting on your behalf, learn of any
further information not contained in your Answers, or if you learn that any information set forth
in your Answers is or has become inaccurate or incorrect, you shall promptly file and serve
supplemental answers.
Exhibit "A"
A. The term "document" as used herein shall mean the original and any copy, marked
up copy, revision, amendment, modification, non-identical copy and/or draft, or any written,
printed, typed, drawn or other graphic matter of any kind or nature, however, produced or
reproduced, whether or not sent or received, including without limitation; memoranda, reports,
computations, estimates, communications, financial reports or statements, notes, transcripts,
letters, correspondence, intra or inter office communications, envelopes, telegrams, cables,
telephone messages, messages, emails, electronic transmissions, summaries or records of
telephone conversations, summaries or records of personal conversations or interviews, minutes,
notes, notations, tabulations, studies, analyses, reports, evaluations, projection, work papers,
summaries, journals, statistical records, calendars, appointment books, diaries, plans, drawings,
blue prints, modules, specifications, data, sketches, maps, boring logs, soil tests, soil charts, soil
reports, sketch books, quantity books, material books, time log sheets, purchase orders, invoices,
checks, receipts; payroll records, summaries or records of meetings or conferences, minutes or
tape recordings of meetings or conferences, summaries or reports of investigations, op'uuons or
reports of consultants, questionnaires, surveys, charts, graphs, books, notebooks, note charts,
articles, magazines, newspapers, booklets, circulares, bulletins, press releases, notices,
instructions, manuals, photographs, schedules, network diagrams, bar-charts, line-charts, motion
picture film, microfilms, photographs, tapes or other recordings, punch charts, computer
programs, magnetic tapes, discs, data cells, drums, printout and other data computations from
which information can be obtained, and marginal comments appearing on any documents, and all
other writings in the possession, custody or control of Plaintiffs or their agents, officers,
employees or attorneys.
B. "Defendants" mean Joseph A. Breski and Nancy L. Breski.
C. "Person" or "Persons" shall mean any natural individual or corporation, firm,
partnership, proprietorship, association, joint venture, governmental entity or any other busuym
or government organization.
D. "Meeting" shall mean any assembly, convocation, encounter or coincidence of
two or more persons for any purpose, whether or not planned, arranged or scheduled in advance.
E. "Communication" shall mean any utterance made, human speech heard,
overheard, or intended to be heard by any person, whether in person, by telephone, by means of
sounding recording, or otherwise.
F. "Identify" means:
(a) When used in reference to a document, describe with sufficient
particularity to form the basis for a Request for Production under Pa. R.C.P. 4009,
including but not limited to the date it was prepared or created, the identity of its
author or originator, the type of document (g;&:, letter, telegram, chart,
photograph, sound recordings, etc.), the identity of its addressee, its present
location and the identity of its present custodian(s). If such document was, but is
no longex, in your possession or subject to your control, state what disposition was
made of it;
(b) . When used in reference to a natural person or business entity, "identify"
means to state his or her or its full name, present or last known home address, present or
last known business address, present or last known home telephone number, present or
last known position or affiliation.
G. "Accident," "incident" or "occurrence" mean the transaction or occurrence or
series of transactions or occurrences giving rise to the matters for which Plaintiff is seeking
damages as indicated in the Complaint.
H. "You" means Joseph A. Breski or Nancy L. Breski, or any representative, agent,
servant, officer, or employee thereof.
I. "Piney Partners" means the Plaintiff in this matter.
INMUCTIONS
If you object to the production of any documents on the grounds that the attorney-client,
attorney work product or any other privilege is applicable thereto, with respect to that document:
(a) State its date;
(b) Identify its author;
(c) Identify each person who prepared or participated in the preparation of the
documents;
(d) Identify each person who received it;
(e) Identify each person from whom the documents were received;
(f) State the present location of the document and all copies thereof;
(g) Identify each person who has ever had possession, custody or control of it or copy
thereof; and
(h) Provide sufficient information concerning the document and the circumstances
thereof to explain the claim of privilege and to permit the adjudication of the propriety of that
claim.
I1?TEIUMATORIES
1. Please identify any and all documents which reflect, refer or relate to the transfers
of that real property known as 307 East Main Street, ("Real Property" Shiremanstown which
transfers occurred on March 10, 2006 and March 29, 2006.
ANSWER:
2. Please identify any and all documents which reflect, refer or relate to any debt you
incurred for which the Real Property was given as security.
ANSWER:
3. Please identify any and all documents which reflect, refer or relate to any other .
debt assumed by You which debt arose out of the transfers of the Real Property.
ANSWER:
i ?
4. Please identify any individual who has resided in the Rest Property since match
10, 2006.
ANSWER:
5. Please state any and all repairs made to the Real Property since March 10, 2006.
ANSWER:
6. For each repair identified in response to interrogatory number 6, please state who
made the repair, the cost of the repair, and identify any documents which reflect, refer or relate to
the repair or the cost therefor.
ANSWER:
7. Has the Real Property been listed for sale at any time since March 10, 2006.
ANSWER:
8. If the awier to interrogatory number 6 is in the affirmative, please identify any
and all documents which reflect, refer or relate to the listing of the Real Property for sale.
ANSWER:
9. Please identify any and all appraisals for the Real Property.
ANSWER:
10. Has the Real Property been rented at any time since March 10, 2006.
ANSWER:
It. If the answer to interrogatory number 9 is in the affirmative, please identify the
person(s) who has rented the Real Property, the monthly rent amount and any lease for the Real
Property.
ANSWER:
.i
12. Is it your intention to sell the Real Property within five (5) years of March 10,
2006.
ANSWER:
13. Who signed "Joe Breski POA" on the Admission Agreement Signature Page
attached to the Complaint as Exhibit."B".
ANSWER:
14. Who prepared the deeds of conveyance for the transfers of the Real Property
which occurred on March 10, 2006 and March 29, 2006.
ANSWER:
15. Why was an interest in the Real Property conveyed to Nancy L. Breski on March
10, 2006.
ANSWER:
1
16. Why was title to the Real Property conveyed to Nancy L. Bresid alone on 1Viat,?h
29, 2006.
ANSWER:
17. Please identify any and all estimates you have obtained for any repairs to the real
property.
ANSWER:
18. Please identify any surveys you have for the real property.
ANSWER:
Respectfully submitted,
O' N, BARIC & SC
ZZ7 David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dirlvillageoflaurelrun/huWplaintiffs.int
CER'?IFICATE OF SERVICE
I hereby certify that on January 7 .. 2007s I, David A. Baric, Esquire of O'Brien,
dt Scherer, did serve a copy of the First Set Of Interrogatories Of Plaintiff Propounded Upon
Defendants, by first class U.S. mail, postage prepaid, to the party listed below, as follows;
Barbara G. Graybill, Esquire
GraybiU & Wise, P.C.
125 Locust Street
Harrisburg, Pennsylvania 17108
David A. Baric, Esquire
' Low ?uft-
WARMs AMW & SCHERER
Watt South Snd
CarthIA Pennsylvania 17013
Robert L O'Brien
David A. Baric
Michael A. Scherer
Robert J. Dailey
Fax: (7M ? _ _ Vj
55
Email.
February 20, 2007
VIA FACSIMILE: (717) 238-3816
Barbara G. Graybill, Esquire
Graybill & Wise
126 Locust Street
Harrisburg, Pennsylvania 17108
RE: Piney Partners, LP v. Bream
Dear Ms. Graybill:
The time period for responding to my discovery requests has expired. Please advise me as
to when I may expect to receive answers to the interrogatories, production of the requested
documents and a date and time for my appraiser to inspect the property.
Absent a response from you by Monday, February 26, 2007, I will move to compel your
clients to produce the information. .
Very truly yours,
O'BRIEN, BARK & SCHERER
David A. Baric, Esquire
DAB/j1
cc: d Holben VIA FACSIMILE: (717) 352-2142
File
dab.dirtvillageoflaurelrun/h uiVgraybUI2.ltr
Exhibit "C"
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYWAItA
NO. 2006- 6506 CIVIL TERM
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
CIVIL ACTION-LAW
REQUEST FOR PRODUCTION OF
DOCUMENTS AND THINGS PURSUANT TO Pa.RC.P. 4009.1
Pursuant to Pa.R.C.P. No. 4009, as amended, the Plaintiff, Piney Partners, L.P. and its
attorneys, O'Brien, Baric and Scherer, request you to produce copies of the following documents
and things at its expense within thirty (30) days of service of this request.
fNSTRUCTIONS
If you object to the production of any document on the grounds that the attomey-client,
attorney work-product or any other privilege is applicable thereto, you shall with respect to that
document:
(a) State its date;
(b) Identify its author;
(c) Identify each person from whom the document was received;
(d) Identify each person who received it;
(e) Identify each person from whom the document was received;
(f) . State the present location of document and all copies thereof;
(g) Identify each person who has ever had possession, custody or
control of it or copy thereof; and
(h) Provide sufficient information concerning the document and the
circumstances thereof to explain the claim of privilege and to
permit the adjudication of the propriety of that claim.
ti
Exhibit "B"
i4 As ftfured to leieK ndOmeW includes written, printed, ZypOd, rx +ded,?or . R
matter, however produced or reproduced, including correspondence, telegrams, O,dw ,written
communications, data processing storage units, tapes, contracts, agreements, notes, memoranda,
analyses, projections, indices, work papers, studies, reports, surveys, diaries, calendars, films,
photographs, diagrams, drawings, minutes of meetings, or any other writing (including copies of
any of the foregoing) regardless of whether you, your former or present counsel, agents,
employees, officers, insurers, or any other person acting on your behalf, are now in possession,
custody or control.
DOCUMENTS REQUESTED
1. Plaintiff requests the right to inspect and review that real property and buildings
thereon known as 307 East Main Street, Shiremanstown, Cumberland County, Pennsylvania by
and through its representatives and agents within sixty (60) days of the date of this request.
2. Any and all documents identified in your responses to the First Set of
Interrogatories of Plaintiff Propounded Upon Defendants.
3.
4.
matter.
Any and all documents you intend to introduce at the trial of this matter.
Any and all expert reports from any experts you intend to call at the trial of this
Respectfully submitted,
O' EN, BARIC & SCHERYf
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/villageotlaurelrun/hulVdocumenLreq
hereby certify that on January2OW, Is DBVW A. Baric, ' of O'
• ?1? Brrea, Inc ?
Scherer, did serve a copy of the Request For Production Of Documents aad
Things Punk
To
P&R.C.P. 4009. by fast class U.S. mail, posge prepaid, to the party listed below, as follows;
Barbara 0. (lraybill Esquire
Grzybill & Wise, P.C.
125 Locust Street
Harrisburg, Pennsylvania 17108
David A. Baric, Esquire
• y y -
4, e
PINEY PARTNERS, LP, IN THE COURT.OF COMMON PLEAS OF
Wa Village of Laurel Run, CUMBE H AND COUNTY, PENNSYLVANIA ?'.
Plaintiff, .. ..:
NO. 2006- 6506 CIVIL TERM
V.
JOSEPH A. BRESKI and CIVII, ACTION LAW
NANCY L. BRESKI, husband
and wife, :
Defendants.
RULE TO SHOW CAUSE
AND NOW, this day o 2007, upon consideration of
the Motion To Compel, a rule is issued upon Defenants to show cause, if any there be, why the
relief requested in the Motion should not be granted.
Rule returnable NO) days from service.
BY THE COURT,
J.
EXHIBIT "B"
i
i
CERTIFICATE OF SERVICE .
I hereby certify that on May , 2007, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Motion To Make Rule Absolute, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
i 126 Locust Street
Harrisburg, P sylvania 17108
i
1
w _
David A. Baric, Esquire
CERTIFICATE OF SERVICE
I hereby certify that on May , 2007, 1, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Motion For Sanctions, by first class U.S. mail, postage prepaid, to
the party listed below, as follows:
Barbara G. Graybill, Esquire
Graybill & Wise, P.C.
126 Locust Street
Harrisburg, Penns lvania 17108
David A. Baric, Esquire
'
,
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff
vs.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and
wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-6506 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SANCTIONS
ORDER
AND NOW, this day of June, 2007, a brief argument on the within motion for
sanctions is set for Thursday, August 2, 2007, at 1:30 p.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, PA.
BY THE COURT,
i
Hess, J.
avid A. Baric, Esquire
For the Plaintiff
arbara G. Graybill, Esquire
For the Defendants
:rlm
?,o?
1i U
kcly
OF T PM
2401.E 5j?j -4 Pi=I Io 14
t,y t?
wy IL
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff
vs.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and
wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-6506 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SANCTIONS
ORDER
AND NOW, this 2 "0 day of August, 2007, following argument, the motion of the
plaintiff for sanctions is GRANTED and it is ordered and directed that:
1. The defendants shall provide full and complete answers to interrogatories and produce
all documents responsive to the request for production within ten (10) days of the date of this
order and shall be subject to a fine payable to the plaintiff of $50.00 per day for every day
thereafter that discovery has not been provided.
2. The defendants shall pay plaintiff reasonable attorney's fees incurred as a result of
noncompliance with the prior order of court and this motion for sanctions in the amount of
$250.00.
3. In the event of further noncompliance, the defendants shall be prohibited from using
information or evidence responsive to the discovery requests to support their defenses.
BY THE COURT,
Hess, J.
V NIVAIASNN--lid
£ ? :6 WV C- 9nV LOOZ
AWO Ni"F iOdd 3HI ?O
30i?_'- C331U
. I k
Robert Dailey, Esquire
For the Plaintiff
Barbara G. Graybill, Esquire
For the Defendants
Am
LCCL
P/3/oq
PINEY PARTNERS, LP, IN THE COURT OF COMMON PLEAS OF
d/b/a Village of Laurel Run, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
: NO. 2006- 6506 CIVIL TERM
V.
JOSEPH A. B SKI and CIVIL ACTION-LAW
NANCY L. B SKI, husband
and wife,
Defendants.
NOW, comes Plaintiff, Piney Partners, LP, by and through its attorneys, O'BRIEN,
BARIC & SCH RER, and requests the entry of judgment against the Defendants and, in support
thereof, sets for h the following:
I. By Order dated August 2, 2007, this Court levied a fine against Defendants of
$50.00 per day, payable to Plaintiff, for Defendants failure to comply with prior Orders regarding
discovery in this matter. A true and correct copy of said Order of August 2, 2007 is attached
hereto as Exhibit "A".
2. The Honorable Kevin A. Hess has heard prior motions regarding discovery in this
matter.
3.
Defendants
4.
answers to in
production.
5.
Order the sw
'ounsel for Plaintiff has requested concurrence in this motion by the attorney for
has received no reply.
)efendants have not, to the date of this motion, provided full and complete
rogatories or produced documents responsive to Plaintiff's request for
o October 25, 2007, there is due and owing to Plaintiff under the terms of the
f $3,950.00 with a per diem of $50.00 continuing to accrue thereafter.
RE, Plaintiff requests entry of a judgment in favor of Plaintiff and against
Defendants for the sum of $3,950.00 with a per diem of $50.00 accruing after October 25, 2007,
without nreiudi
filed.
to Plaintiff's right to recover additional sums as requested in the Complaint as
Respectfully submitted,
EN, BAItIC HERE
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
udgment.mot
PINEY PAR7of S, LP, IN THE COURT OF COMMON PLEAS OF
d/b/a Village urel Run, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
vs. NO. 06-6506 CIVIL
JOSEPH A. BRE I and
NANCY L. BRE KI, husband and
wife,
Defendant
IN RE: PLAINTIFF'S MOTION FOR SANCTIONS
ORDER
AND NOW, this 2 4 day of August, 2007, following argument, the motion of the
plaintiff for sanctions is GRANTED and it is ordered and directed that:
1. The defendants shall provide full and complete answers to interrogatories and produce
all documents responsive to the request for production within ten (10) days of the date of this
order and shall be subject to a fine payable to the plaintiff of $50.00 per day for every day
thereafter that discovery has not been provided.
2. The defendants shall pay plaintiff reasonable attorney's fees incurred as a result of
noncompliance with the prior order of court and this motion for sanctions in the amount of
$250.00.
3. In the event of further noncompliance, the defendants shall be prohibited from using
information or evidence responsive to the discovery requests to support their defenses.
BY THE COURT,
TRUE CO t
set P r
Q A at a;arlisle, Pa
AX 6"f ?gzN ? Kevin Hess, J.
X11 ?_ J ' _
EXHIBIT "A"
i
CERTIFICATE OF SERVICE
I hereby Pertify that on October Z & , 2007, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Motion For Entry Of Judgment On Order of Court, by first
class U.S. mail, postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
42 North Mountain Street
Mifflintown, Pennsy?vani 059
David A. Baric, Esquire
C'?
_
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
OCT 29 2007 M? ?
1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this 30? day of , 2007, upon consideration of
Plaintiff s Motion For Entry Of Judgment On Order of Court, a Rule is issued upon Defendants,
Joseph A. Breski and Nancy Breski, to show cause if any there be why the relief requested in this
Motion should not be granted.
Rule returnable 20 days from service.
BY THE COURT,
/R t ?3 f . r'
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Plaintiff, Piney Partners, L.P. d/b/a Village Of Laurel Run, by and
through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion To Make
Rule Absolute and, in support thereof, sets forth the following:
I . Plaintiff filed a Motion For Entry Of Judgment On Order Of Court in this matter,
a true and correct copy of said Motion is attached hereto as Exhibit "A" and is incorporated.
2. By Order dated October 30, 2007, the Honorable Kevin A. Hess directed
Defendants to show cause why the Motion should not be grated within twenty (20) days of
service. A true and correct copy of the Order is attached hereto as Exhibit "B" and is
incorporated.
3. To November 29, 2007, no answer has been filed by Defendants.
WHEREFORE, Plaintiff requests entry of a judgment in favor of Plaintiff and against
Defendants for the sum of $5,700.00 with a per diem of $50.00 accruing after November 29,
2007, without prejudice to Plaintiff s right to recover additional sums as requested in the
Complaint as filed within fifteen (15) days of the date of the order.
Respectfully submitted,
7 RIEN, BARIC? SCHE
David A. Baric, Esquire
I.D. # 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/villageoflaurelrun/hulUru leabsolutel mot
46
CERTIFICATE OF SERVICE
I hereby certify that on D.??,)Z, 4 , 2007, I, David A. Baric, Esquire of O'Brien,
Baric & Scherer, did serve a copy of the Motion To Make Rule Absolute, by first class U. S. mail,
postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
42 North Mountain Street
Mifflintown, Pennsylvania 17059
David A. Baric, Esquire
,I .
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
i Plaintiff,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
JOSEPH A. BRESKI and CIVIL ACTION-LAW
NANCY L. BRESKI, husband :
and wife,
Defendants.
ORDER OF COURT
AND NOW, this day of , 2007, upon consideration of
Plaintiff's Motion For Entry Of Judgment On Order of Court, a Rule is issued upon Defendants,
Joseph A. Breski and Nancy Breski, to show cause if any there be why the relief requested in this
Motion should not be granted.
Rule returnable days from service.
BY THE COURT,
J.
Exhibit "A"
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
JOSEPH A. BRESKI and CIVIL ACTION-LAW
NANCY L. BRESKI
husband C? c Q
?n
,
and wife, : - °
Defendants. --
MOTION FOR ENTRY OF JUDGMENT ON ORDER OF COURT
-
NOW, comes Plaintiff, Piney Partners, LP, by and through its attorneys, O'BRIEN, r-
BARIC & SCHERER, and requests the entry of judgment against the Defendants and, in support
thereof, sets forth the following:
1. By Order dated August 2, 2007, this Court levied a fine against Defendants of
$50.00 per day, payable to Plaintiff, for Defendants failure to comply with prior Orders regarding
discovery in this matter. A true and correct copy of said Order of August 2, 2007 is attached
hereto as Exhibit "A".
2. The Honorable Kevin A. Hess has heard prior motions regarding discovery in this
matter.
3. Counsel for Plaintiff has requested concurrence in this motion by the attorney for
Defendants and has received no reply.
4. Defendants have not, to the date of this motion, provided full and complete
answers to interrogatories or produced documents responsive to Plaintiffs request for
production.
5. To October 25, 2007, there is due and owing to Plaintiff under the terms of the
Order the sum of $3,950.00 with a per diem of $50.00 continuing to accrue thereafter.
WHEREFORE, Plaintiff requests entry of a judgment in favor of Plaintiff and against
Defendants for the sum of $3,950.00 with a per diem of $50.00 accruing after October 25, 20072
without prejudice to Plaintiff's right to recover additional sums as requested in the Complaint as
filed.
Respectfully submitted,
EN, BARK HERE
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
dab.dir/villageoflaurelrun/hulVentryofjudgment.mot
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff
vs.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and
wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 06-6506 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SANCTIONS
ORDER
AND NOW, this z '4 day of August, 2007, following argument, the motion of the
plaintiff for sanctions is GRANTED and it is ordered and directed that:
1. The defendants shall provide full and complete answers to interrogatories and produce
all documents responsive to the request for production within ten (10) days of the date of this
order and shall be subject to a fine payable to the plaintiff of $50.00 per day for every day
thereafter that discovery has not been provided.
2. The defendants shall pay plaintiff reasonable attorney's fees incurred as a result of
noncompliance with the prior order of court and this motion for sanctions in the amount of
$250.00.
3. In the event of further noncompliance, the defendants shall be prohibited from using
information or evidence responsive to the discovery requests to support their defenses.
TR U'7 COQ / '"-,-- '4- J i ?3V
TOSilrr-n I - s •? }r ` ??t my h7
`d the seal d Coy a': jarlisle, Pa
0 Q007.
-Y
BY THE COURT,
Kevin . Hess, J.
EXHIBIT "A"
e
V
'i
?i
?I
i?
CERTIFICATE OF SERVICE
I hereby certify that on October Z & , 2007, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Motion For Entry Of Judgment On Order of Court, by first
class U.S. mail, postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
42 North Mountain Street
Mifflintown, Penns vani 059
r
O
David A. Baric, Esquire i
i
I
II
i
j .
f;
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
r' Plaintiff,
i!
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
OCT 2 9 7007 A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this 3Okday of
2007, upon consideration of
Plaintiff's Motion For Entry Of Judgment On Order of Court, a Rule is issued upon Defendants,,
Joseph A. Breski and Nancy Breski, to show cause if any there be why the relief requested
in this
Motion should not be granted.
Rule returnable 1_0 days from service.
BY THE COURT,
J.
Exhibit "B"
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
DEC 0 52007
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this / -7'day of 2007, upon review of the
attached Motion To Make Rule Absolute, it is hereby ordered and decreed that Rule previously
issued relative to this matter is absolute.
BY THE COURT,
,dj
6C :61 C1 " L?0'
I
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife, :
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO ENTER JUDGMENT ON ORDER
TO THE PROTHONOTARY:
Please enter judgment in the above-captioned matter pursuant to the Order Of Court
signed by the Honorable Kevin A. Hess on August 2, 2007, entering judgment in favor of the
Plaintiff in the amount of $7,450.00 to January 2, 2008 plus $50.00 per day thereafter.
Respectfully submitted,
aEN, BARI SCHE
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.dir/villageoflaurelrun/hull/enterj udgment.pra
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff
VS.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and
wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-6506 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SANCTIONS
ORDER
AND NOW, this 2 '4 day of August, 2007, following argument, the motion of the
plaintiff for sanctions is GRANTED and it is ordered and directed that:
1. The defendants shall provide full and complete answers to interrogatories and produce
all documents responsive to the request for production within ten (10) days of the date of this
order and shall be subject to a fine payable to the plaintiff of $50.00 per day for every day
thereafter that discovery has not been provided.
2. The defendants shall pay plaintiff reasonable attorney's fees incurred as a result of
noncompliance with the prior order of court and this motion for sanctions in the amount of
$250.00.
3. In the event of further noncompliance, the defendants shall be prohibited from using
information or evidence responsive to the discovery requests to support their defenses.
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BY THE COURT,
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Kevin/A: Hess, J.
1
Robert Dailey, Esquire
For the Plaintiff
Barbara G. Graybill, Esquire
For the Defendants
Am
CERTIFICATE OF SERVICE
I hereby certify that on January 2, 2008, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe Enter Judgment On Order, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Barbara G. Graybill, Esquire
42 North Mountain Street
Mifflintown, Pe lvania 17059
David A. Baric, Esquire
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ? Confessed Judgment
PINEY PARTNERS, L.P. [Other
d/b/a Village Of Laurel Run, :File No. 2006-6506 Civil Term
Plaintiff Amount Due $7,450.00
V' .
Interest
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and wife, : Atty's Comm
Defendants :Costs $50.00 additional per day from
TO THE PROTHONOTARY OF THE SAID COURT: January 2, 2008
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
Any and all property located at 217 Zion Road
Newburg, Cumberland County, Pennsylvania 17240.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or co4off d garni shee(s).
(Indicate) Index this writ against the garnishee (s) as a lis pt re est e
defendant(s) described in the attached exhibit.
Date January 2, 2008 Signature:
Print Name: David A. Baric, Esquire
Address: 19 West South Street
Carlisle, PA 17013
Attorney for: Plaintiff
Telephone: (717) 249-6873
Supreme Court ID No: 4 4 8 5 3
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-6506 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PINEY PARTNERS, L.P. d/b/a VILLAGE OF LAUREL
RUN, Plaintiff (s)
From JOSEPH A. BRESKI and NANCY L. BRESKI, 217 Zion Road, Newburg, PA 17240
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all property
located at 217 Zion Road, Newburg, Cumberland County, PA 17240.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $7,450.00
Interest
Atty's Comm %
Atty Paid $179.23
Plaintiff Paid
Date: 1/07/08
L.L. $.50
Due Prothy $2.00
Other Costs
C s . Long, P of
(Seal)
By:
Deputy
REQUESTING PARTY:
Name DAVID A. BARIC, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 44853
PRAECIPE FOR LEDING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
? for JURY trial at the next term of civil court.
x? for trial without a jury.
- --- - ----- - --- - --------------- - ------------ -
CAPTION OF CASE
(entire caption must be stated in full) (check one)
® Civil Action - Law
? Appeal from arbitration
PINEY PARTNERS, L.P.
d/b/a VILLAGE OF LAUREL RUN,
(plaintiff)
VS.
JOSEPH A. BRESKI AND
NANCY L. BRESKI, husband &
(Defendant)
VS.
(other)
The trial list will be called on
and
Trials commence on
wife,
Pretrials will be held on
(Briefs are due 5 days before pretrials
No. 2006-6506 CivilTerm
Indicate the attorney who will try case for the party who files this praecipe:
David A. Baric, 19 West South Street, Carlisle, PA 17013
Attorney for Plaintiff
Indicate trial counsel for other parties if known:
Andrew H. Shaw, 200 South Spring Ga St.j ite , Carlisle, PA
17013
Attorney for Defendants '
This case is ready for trial. Signed:
Print Name: David A. Baric, Esquire
a Attorney for: Plaintiff
Date:
?J 7r fill
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PINEY PARTNERS, L.P. IN THE COURT OF COMMON PLEAS OF
d/b/a VILLAGE OF LAUREL RUN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 6506 2006
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband & wife,: CIVIL ACTION-LAW
Defendant
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
David A. B a r i c , Esquire counsel for the plamtiff/Ada mbmt in the above
action (or actions), respectfully represents that:
1. The above-captioned action (metiom) is faw) at issue.
2. The claim of plaintiff in the action is $ 30,307.59
The counterclaim of the defendant in the action is none
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
David A. Baric, Esquire and Andrew H. Shaw, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
ley s
David A. Baric, Esquire
Attorney For Plaintiff
ORDER OF COURT
AND NOW,
petition,
200 , in consideration of the foregoing
Esq., and
Esq., and
captioned action (or actions) as prayed for.
Esq., are appointed arbitrators in the above
By the Court,
EDGAR B. BAYLEY
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
PRAEC'IPE TO REMOVE FROM TRIAL LIST
TO THE PROTHONOTARY:
Please remove the above-captioned case from the trial list.
Respectfully submitted,
TRIE N, BARICCHE?
O /
f
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
n/h ull/removefromtriallist.pra
R -
CERTIFICATE OF SERVICE
I hereby certify that on May 1, 2008, 1, David A. Baric, Esquire of O'Brien, Baric & Scherer,
did serve a copy of the Praecipe To Remove Case From Trial List, by first class U.S. mail, postage
prepaid, to the parry listed below, as follows:
Andrew H. Shaw, Esquire
200 South Spring Garden Street, Suite 11
Carlisle, Pennsylvania 17013
David A. Baric, Esquire
PINEY PARTNERS, L.P.
d/b/a VILLAGE OF LAUREL RUN,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 6506 2006
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband & wife,: CIVIL ACTION-LAW
Defendant
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
David A. Baric, Esquire counsel for the plaintiffs' in the above
action (or actions), respectfully represents that:
1. The above-captioned action (wwfiom) is at issue.
2. The claim of plaintiff in the action is $ 30,307.59
The counterclaim of the defendant in the action is none
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
David A. Baric, Esquire and Andrew H. Shaw, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
tfull?y s
David A. Baric, Esquire
Attorney For Plaintiff
ORDER OF COURT
AND NOW, - 200, in consideration of the foregoing
petition, Esq., and
Pit
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By Court,
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EDGAR B. AYVLEYF?
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff
vs.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and
wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-6506 CIVIL
IN RE: NONJURY TRIAL
ORDER
AND NOW, this z.4" day of May, 2008, a pretrial conference in the above-
captioned matter is set for Friday, June 20, 2008, at 10:00 a.m. in the Chambers of the
undersigned.
BY THE COURT,
David A. Baric, Esquire
For the Plaintiff
"Andrew H. Shaw, Esquire
For the Defendants
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Hess, J.
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Piney Partners, L.P.
d/b/a Village of Laurel Run
Plaintiff
Joseph A. Breski and
Nancy L. Breski, husband & wife
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No-2006 - 6506
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelit
y. n'
S?j (' . --- - --I
1< L
Signature Si tore Signature
Daniel K. Deardorff, Esq
Name (Chairman)
Martson Law Offices
Law Firm
10 East High Street
Address
Carlisle, PA 17013
City, zip
3510 Trindle Road
Address
Camp Hill, PA 17011
City, zip
Michael L. Bangs, Esq.
Name
Law Firm
428 South 18th Street
Address
Camp Hill, PA 17011
City, zip
//783 108135 10175
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
I . Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing: h0 O$ (- A '' ...
1
T ?
(Chairman)
Date of Award:
Notice of
Now, the day of 20_6A, at -4? -' 17 ', 2.M., the above award was
entered upon the docket and notice thereo given by mail to the parties or their attorneys.
Arbitr4tors' compensation to be paid upon appeal: $ 3So . 06
By:
rothonotary
Lauralee B. Baker, Esq.
Name
Law Firm
Deputy
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PINEY PARTNERS, L.P.,
d/b/a Village of Laurel Run,
Plaintiff,
VS.
JOSEPH A. BRESKI and
NANCY L. BRESIU, husband and wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006-65% CIVIL TERM
CIVIL ACTION - LAW
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY:
Notice is given that Joseph A. Breski and Nancy L. Breski appeal from the award of the board of
arbitrators entered in this case on August 20, 2008.
A jury trial is NOT demanded.
I hereby certify that:
the compensation of the arbitrators has been paid.
Date: --
BY;
Sup. Ct. ID No. 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
717-243-7135
Attorney for Defendants
r
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Notice of Appeal, was served this date on the below named, by
placing same in the United States mail, first-class, postage prepaid thereon, addressed as
follows:
David A. Baric, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, PA 17013
Attorney for Plaintiff
Date: ?- ? P - 0 2
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pRAECIPE FOR LISTING CASE FOR TRL4L
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
? for JURY trial at the next term of civil court.
Q for trial without a jury.
- --------- ----- - ------ - -
CAPTION OF CASE (check one)
(entire caption must be stated in full) ? Civil Action - Law
PINEY PARTNERS, L.P.,
d/b/a Village Of Laurel Run
(Plaintiff)
VS.
JOSEPH A. BRESKI and
NANCY L. BRESKI
VS.
(Defendant)
? Appeal from arbitration
(other)
The trial list will be called on
and
Trials commence on
Pretrials will be held on
(Briefs are due S days before pretrials
No. 2006-6506 , CivilTerm
indicate the attorney who will try case for the party who files this praecipe:
David A. Baric, Esq., 19 West South Street, Carlisle, PA 17013
Indicate trial counsel for other parties if known:
Andrew H. Shaw, Esq., 200 South Sprin rden , i 11, Carlisle
PA 17013
This case is ready for trial.
Date: October 8, 2008
Signed: v " - -
David A. Baric, Esquire
Print Name:
Plaintiff
Attorney for:
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PINEY PARTNERS, LP, IN THE COURT OF COMMON PLEAS OF
d/b/a Village of Laurel Run, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
VS. NO. 06-6506 CIVIL
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and
wife,
Defendants
IN RE: NONJURY TRIAL
ORDER
AND NOW, this 3 ` day of November, 2008, a pretrial conference in the above-
captioned matter is set for Wednesday, December 10, 2008, at 9:00 a.m, in the Chambers of the
undersigned.
BY THE COURT,
A. Hess, J.
David A. Baric, Esquire
For the Plaintiff
Andrew H. Shaw, Esquire
For the Defendants //- o S_ o P
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
18.00
2.68
10.00
.50
2.00
37.28
Advance Costs: 200.00
136.58
63.42
Docketing
Poundage
Advertising
Law Library
Prothonotary
Milage
Misc.
Surcharge
Levy
Post Pone Sale
Certified Mail
Postage
Garnishee
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30.00
20.00
15.00
1.82
136.58
Refunded on 10/30/08
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r.Thq?mrasKfine, Sheriff
By
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-6506 Civil
. CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PINEY PARTNERS, L.P. d/b/a VILLAGE OF LAUREL
RUN, Plaintiff (s)
From JOSEPH A. BRESKI and NANCY L. BRESKI, 217 Zion Road, Newburg, PA 17240
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all property
located at 217 Zion Road, Newburg, Cumberland County, PA 17240.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $7,450.00
Interest
Atty's Comm %
Atty Paid $179.23
Plaintiff Paid
Date: 1/07/08
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
Curti Long, o
By:
Deputy
REQUESTING PARTY:
Name DAVID A. BARIC, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 44853
PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff
vs.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and
wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-6506 CIVIL
IN RE: NONJURY TRIAL
ORDER
AND NOW, this /0' day of December, 2008, following conference with counsel,
a nonjury trial in this case is set for Thursday, February 12, 2009, at 9:30 a.m. in Courtroom
Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
David A. Baric, Esquire
For the Plaintiff
Andrew H. Shaw, Esquire
For the Defendants
Court Administrator
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff
vs.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and
wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-6506 CIVIL
IN RE: NONJURY TRIAL
MEMORANDUM/ORDER
AND NOW, this S+
day of March, 2009, following trial without a jury, we
resolve any issues of credibility, including questions related to the execution of documents, in
favor of the defendants. We find, further, that the defendants did not assume personal liability
for the costs of the care of Evelyn Hull. Because, however, the defendants admit liability in the
amount of this verdict, we find in favor of the plaintiff and against the defendants in the amount
of $4,482.00.
? David A. Baric, Esquire
For the Plaintiff
Andrew H. Shaw, Esquire
For the Defendants
G45P I >`S
JI&I `l
Court Administrator
Am
BY THE COURT,
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff,
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband
and wife,
Defendants.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2006- 6506 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO ENTER JUDGMENT ON ORDER
TO THE PROTHONOTARY:
Please enter judgment in the above-captioned matter pursuant to the Order Of Court
signed by the Honorable Kevin A. Hess on March 5, 2009, entering judgment in favor of the
Plaintiff in the amount of $4,482.00.
Respectfully submitted,
A BARIC SC E %
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
dab.d it/villageoflau relru n/h ull/enterj udgment2.pra
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PINEY PARTNERS, LP,
d/b/a Village of Laurel Run,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-6506 CIVIL
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and
wife,
Defendants
IN RE: NONJURY TRIAL
MEMORANDUM/ORDER
AND NOW, this { day of March, 2009, following trial without a jury, we
resolve any issues of credibility, including questions related to the execution of documents, in
favor of the defendants. We find, further, that the defendants did not assume personal liability
for the costs of the care of Evelyn Hull. Because, however, the defendants admit liability in the
amount of this verdict, we find in favor of the plaintiff and against the defendants in the amount
of $4,482.00.
David A. Baric, Esquire
For the Plaintiff
Andrew H. Shaw, Esquire
For the Defendants
Court Administrator
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BY THE COURT,
CERTIFICATE OF SERVICE
I hereby certify that on April It , 2009, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Praecipe Enter Judgment On Order, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Andrew H. Shaw, Esquire
200 South Spring Garden Street
Suite 11
Carlisle, Pe vania 17013
David A. Baric, Esquire
OF TH O? T H",r,I' T? RY
2069 APP Z 1 Ail 8: 37
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CK? ?ysry7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
PINEY PARTNERS, L.P.,
d/b/a Village Of Laurel Run,
Plaintiff
V.
JOSEPH A. BRESKI and
NANCY L. BRESKI, husband and wife,
Defendants
? Confessed Judgment
® Other
File No. 2006-6506
Amount Due $11,732.00
Interest
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
any and all personalty.'located at 217 Zion Road
Newburg, Cumberland County, PA
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or contFe of the said garnishee(s).
(Indicate) Index this writ against the garnishee (s) as a lis pe gainst `re e f
/ / f b) cribed in the attached exhibit.
Date h? Signature:
Print Name: David A. Baric, Esquire
Address:
Attorney for:
Telephone:
19 West South Street
Carlisle, PA 17013
Plaintiff
(717) 249-6873
Supreme Court ID No: 4 4 8 5 3
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-6506 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PINEY PARTNERS, L.P., DB/A VILLAGE OF
LAUREL RUN, Plaintiff (s)
From JOSEPH A. BRESKI AND NANCY L. BRESKI, HUSBAND AND WIFE, 217 ZION ROAD,
NEWBURG, PA
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONALTY LOCATED AT 217 ZION ROAD, NEWBURG, CUMBERLAND COUNTY,
PA.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $11,732.00
Interest
Atty's Comm %
Atty Paid $775.31
Plaintiff Paid
Date: APRIL 21, 2009
(Seal)
L.L.
Due Prothy $2.00
Other Costs
1744?
is R. Lon ono
By:
Deputy
REQUESTING PARTY:
Name DAVID A. BARIC, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 44853
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
2010 MAR 31 Fib 12' 1)3
Edward L Schorpp
Solicitor
OFP. E e -a-RIFF
CUM? }U} ??-tt`jiAjN1Y
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`bI4NS`f Lvi'?I'?itl^.
Piney Partners, L.P., d/b/a Village of Laurel Run Case Number
vs.
Joseph A Breski (et al.) 2006-6506
SHERIFF'S RETURN OF SERVICE
05/01/2009 02:00 PM - Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on May 1
2009 at 1400 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Joseph A. Breski, by making known unto Joseph A. Breski, at 217 Zion Road, Newburg, Cumberland
County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true anc
correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy
of levy mailed to attorney and letter mailed to defendant on 05-02-09.
05/01/2009 Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on May 1, 2009 at
1400 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Nancy L.
Breski, by making known unto Joseph A. Breski, at 217 Zion Road, Newburg, Cumberland County,
Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct
copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy
mailed to attorney and letter mailed to defendant on 05-02-09.
03/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $90.56
March 30, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
B
Sharon R. Lantz
?'0d 60. Pd.
Me ?s// 7
r,) Goun?ySUite Shen}f, Teleosofi. In;;.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-6506 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PINEY PARTNERS, L.P., DB/A VILLAGE OF
LAUREL RUN, Plaintiff (s)
From JOSEPH A. BRESKI AND NANCY L. BRESKI, HUSBAND AND WIFE, 217 ZION ROAD,
NE WBURG, PA
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONALTY LOCATED AT 217 ZION ROAD, NEWBURG, CUMBERLAND COUNTY,
PA.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $11,732.00
Interest
Atty's Comm %
Atty Paid $775.31
Plaintiff Paid
Date: APRIL 21, 2009
(Seal)
L.L.
Due Prothy $2.00
Other Costs
C A'sR.on onota
By:
Deputy
REQUESTING PARTY:
Name DAVID A. BARIC, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 44853
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