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HomeMy WebLinkAbout01-5810 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydia B. Duff, Administratrix of the Estate of Paul R. Durf and Lydia B. Duff, individually and as the spouse of Paul R. Durf Plaintiff VS. United Church of Christ Homes, Inc. t/a Sarah A. Todd Memorial Home, Defendant : Civil Action - Law :Jury Trial Demanded PRAECIPE TO THE PROTHONOTARY: Please issue a Writ of Summons in the above caption matter. Respectfully submitted, H. Anthony Adams, Esquire Attorney for Plaintiff 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 Commonwealth of Pennsylvania County of Cumberland LYDIA B. DURF, ADMINISTRATRIC OF THE ESTATE OF PAUL R. DURF A~ LYDIA B. DURF, INDIVIDUALLY ~ AS THE SPOUSE OF PAUL R. DURF UNITED CHURC~ OF CHRIST HOMES, INC. T/A SARAH A. TODD MSbIDRIAL HOME 1000 West South Street Carlisle PA 17013 Court of Connnon Plea~ No. °_ _~:.s_?__c_~y_~A ..................... x~ .... Civil Law In To UNI'r~D CI4URCIt OF CHRIST HOMES, INC. T/A SARAH A. TODD Mi~IDRIAL HOME You are hereby notified that .L_ _YP_I.A_ _ _B~_/[~_~ ~ i .~ ~ wa kix _of_ .t h~ Esta~ jug_ io3HiL_ R, ~ D( iRw_ and _ t.%rDv ~ _ B~ _DURE .... Individually and as the spouse of PAUL R. DURF the Plaintiff ha commenced an action in ---~V~%W .......................................... against you which you are required to defend or a default judgment may be entered against you. (SEAL) Date OCTOBER 8, 2001 19 .... .... ~/s/ Curtis R. Long Prothonotary LAW OFFICES OF RALPH F. TOUCH By: Edward J. Cermanski, Esquire Attorney I.D. No. 56278 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610-320-4663 Fax 610-320-4767 Attorney for Defendant, United Church of Christ Homes t/a Sarah A. Todd memorial Home 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydia B. Durf, Administratric of the Estate of Paul R. Durf and Lydia B. Durf, Individually and as the spouse ofPanl R. Durf, Plaintiff United Church of Christ Homes, Inc. t/a Sarah A. Todd Memorial Home, Defendants ) ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION NO. 01-5810-Civil ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-entitled matter on behalf of the Defendant, United Church of Christ Homes, Inc. t/a Sarah A. Todd Memorial Home. Dated: October 24, 2001 JURY TRIAL DEMANDED PANEL OF TWELVE JURORS REQUESTED Edward J. Cermanski, Esquire Attorney for Defendants CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the ENTRY OF APPEARANCE upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: By first-class, United States mail. postage prepaid: H. Anthony Adams, Esquire 128 East King Street, Suite A Shippensburg, PA 17257 Dated: October 24, 2001 Edward J. Cermanski, Esquire Attorney for Defendants LAW OFFICES OF RALPH F. TOUCH By: Edward J. Cermanski, Esquire Attorney I.D. No. 56278 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610-320-4663 Fax 610-320-4767 Attorney for Defendant, United Church of Christ Homes t/a Sarah A. Todd memorial Home IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydia B. Durf, Administratric of the Estate of Paul R. Durf and Lydia B. Durf, Individually and as the spouse of Paul R. Durf, Plaintiff United Church of Christ Homes, Inc. t/a Sarah A. Todd Memorial Home, Defendants ) ) ) ) ) ) ) ) ) ) ) CiVIL DIVISION NO. 01-581 O-Civil PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule under Pennsylvania Rule of Civil Procedure 1037 upon Plaintiffin the above-captioned matter to file a Complaint within twenty (20) days from the service thereof or otherwise suffer a Judgment of Non Pros. E-~'~_.~ Edward J. C'ermanski, Esquire Attorney for Defendants LAW OFFICES OF RALPH F. TOUCH By: Edward J. Cermanski, Esquire Attorney I.D. No. 56278 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610-320-4663 Fax 610-320-4767 Attorney for Defendant, United Church of Christ Homes t/a Sarah A. Todd memorial Home IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydia B. Durf, Administratric of the Estate of Paul R. Durf and Lydia B. Durf, Individually and as the spouse of Paul R. Durf, Plaintiff United Church of Christ Homes, Inc. t/a Sarah A. Todd Memorial Home, Defendants ) ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION NO. 01-5810-Civil RULE TO FILE COMPLAINT AND NOW, this ~c~ day of (~og~2001, a Rule is entered under Pennsylvania Rule of Civil Procedure 1037 upon the Plaintiff in the above-captioned matter to file a Complaint within twenty (20) days from the service of this Rule or otherwise suffer Judgment of Non Pros. [ ]/ 101300089 CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the foregoing document(s) upon ail listed parties or their attorneys in the following manner(s) and in accordance with all pertinent Rules of Civil Procedure: 1. By first-class, United States Mail, postage prepaid: H. Anthony Adams, Esquire 128 East King Street, Suite A Shippensburg, PA 17257 Dated: October 24, 2001 Edward J. Cermanski, Esquire Attorney for Defendants SHERIFF'S RETURN - REGULAR CASE NO: 2001-05810 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DURF LYDIA B ET AL VS UNITED CHURCH OF CHRIST HOMES DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon UNITED CHURCH OF CHRIST HOMES INC T/A SAP_AH A TODD MEM HOME the DEFENDANT , at 1545:00 HOURS, at 1000 WEST SOUTH STREET CARLISLE, PA 17013 on the 12th day of October , 2001 by handing to MARY JANE WALKER a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /~ ~-- day of A.D. P~o~honotary So Answers: R. Thomas Kline 10/15/2001 H ANTHONY ADAMS Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydia B. Duff, Administratrix of the Estate of Paul R. Duff and Lydia B. Duff, individually and as the spouse of Paul R. Duff Plaintiff VS, United Church of Christ Homes, Inc. t/a Sarah A. Todd Memorial Home, Defendant :No. : Civil Action - Law : : : :.lu~ Trial Demanded : : COMPLAINT Now comes the Plaintiff, Lydia B. Duff, as the administratrix of the Estate of Paul R. Duff and individually and as the spouse of Paul R. Duff and sets forth the following: The Plaintiff is Lydia B. Durf who was granted Letters of Administration in the Estate of Paul R. Duff by the Register of Wills on October 9, 2001. Paul R. Duff died on December 11, 2000 and this action is brought on his behalf. The Plaintiff, Lydia Durf, is an adult individual who resides at Walnut Bottom, Cumberland County, Pennsylvania. Lydia B. Duff was married to Paul R. Duff. Paul R. Duff and Lydia B. Duff had no children. J The Defendant is the United Church of Christ Homes, Inc. d/b/a Sarah A. Todd Memorial Home located at 1000 West South Street, Carlisle, Cumberland County, Pennsylvania. On September 29, 1999, Paul R. Durf became a resident of a nursing home owned by the Defendant. The nursing home was located at 1000 West South Street, Carlisle, Cumberland County, Pennsylvania. 5. Paul R. Durf remained a resident at the nursing home owned by the Defendant until the time of his death on December 11, 2000. 6. At the time of his admission to the nursing home he entered into a contract for admission as the "Resident" and Lydia B. Durf entered into the contract as the "Responsible Party". The Defendant as Sarah A. Todd Memorial Home entered into the contract as "Home". A copy of the agreement is attached hereto as Exhibit A. 7. As consideration for the contract, the Plaintiff paid the Defendant for room and board the amount of $'~,350.00. Plaintiff has paid or has a balance to pay of $48,056.00. It is believed and therefore averred that various insurers have paid an additional $20,000.00. 8. Paul R. Durf was not able at any time during his stay at the Sarah A. Todd Memorial Home to walk or to move about in any fashion. 9. On or about October 15, 1999, the Defendant's employees and/agents allowed Paul R. Duff to fall during their attempt to move and or manipulate his position. 10. As a result of the fall, Paul R. Dun" suffered numerous fractures to his back and injury to his head. 11. As a result of the fall and the injuries sustained there from Paul R. Dun" experience severe pain and suffering. 12, Dr. Long who informed Mr. Dun" and Lydia B. Dun" that with therapy Paul R. Dun" would regain some ability to walk and move without assistance had shortly prior to the fall seen Paul R. Dun" at Johns Hopkins Hospital, 13. As a result of the fall and the injuries sustained there from Paul R. Dun" was not able to receive adequate therapy and was from the time of the fall never able to walk, 14. The actions of the Defendant in allowing Paul R, Durf to fall did not meet the contractual obligation of basic services (Exhibit A 1.1) or supplemental services (Exhibit A 1.2) as set forth in the contract between the parties, 15. As a direct result of the breach of the contract the Plaintiff as an individual and on behalf of the Estate of Paul R. Durf has been required or obligated to pay the sum of $48,056,00 and has Estate has not been compensated for the personal injuries as set forth herein. Wherefore, Plaintiff prays that all monies paid on the contract, together with damages for all injuries received as a result of the breach of the contract together with legal fees and costs of suit be awarded to Lydia B. Duff and/or the Estate of Paul R. Duff. COUNT II 16. Paragraphs 1 through 15 are incorporated herein by reference as fully as if set forth at length. 17. The acts of the Defendant were negligent and not performed with reasonable care to safeguard Paul R. Duff from harm in as much as the Defendant failed to use procedures and equipment to assure that he would not fall, failed to have adequate staff attend to the attempted movement of Paul R. Duff to assure that he would not fall; failed to properly train, control and supervise its employees to assure that a resident who could not move voluntarily would not fall and otherwise acted in a negligent manner. 18. The negligence of the Defendant was the direct and proximate cause of the injuries suffered by Plaintiffs as set forth herein. 19. The Defendant was further negligent in not advising anyone including Lydia Duff of the fall by Paul R. Duff. Only after Paul R. Duff complained of pain and told Lydia Duff about the fall was any action taken. 20. The Plaintiffs have as a result of the negligence of the Defendant suffered injury in an amount in excess of $100,000.00. Wherefore, Plaintiff prays your Honorable Court enter judgment in her favor and against Defendant in an amount in excess of $100,000,00 Respectfully submitted, I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: //_~ ( Lydia B. Duff SARAH A. TODD MEMORIAL HOME NURSING HOME ADMISSION AGREEMENT THIS AGREEMENT made this ~o~ day of ~~r'¢1.~..,.. , lqqq , between Sarah A. Todd Memorial Home, located at 1000 West South S?eet, ^ Car~lisle, Pennsylvania, (h. ereinafter called HOME) and ~.o~..~, , (hermnaftpr called ~RESIDENT)~ for the aommsmn of'RESIDENT to HOME, and~ ~ , of ' ?~:(RESlbENT's .legal representative or individual who has lawful access to RESIDENT's inC~riie'or financial.resources available-~-~ pay for HOME's services~ hereinafter Called RESPONSIBLE PARTY) shall commence on 5.~t~ ;~ Iq0,~ , ~:.~ ..i~ .~ ~ ~ RESIDENT, having applied for admission, and RE~PONSlBEE PARTY, if any, affirm that the information provided in HOME's Application for Admission is true and correct, and acknowledge that the submission of any false information may constitute grounds for terminating thIs agreement. ~ ' ~ Therefore, HOME, RESIDENT, and RESPONSIBLE PARTY, if any, agree to the following terms and conditions: ' ' ~ - 1. PROVISION OF SERVICES ~. · 1.1 1.2 1.3 Basic Services Provided by HOME HOME agrees to provide basic services '{o ~ESIDENT Which include room and board, routine nursing services, soCial §ervices, die[a~/Services, hoUsekeeping and room/bed maintenance, activities, bedding, linen, and such personal services as may be determined by HOME to 'be legally and reasonably requi'red for the health, safety, welfare, good groom'ng; and W'~ll-b~mg i~f RESIDENT. ' ' Supplemental Services and Supplie{'P~vi~ed bY Home Home agrees to provide supplemental servtbes and supp i~s as 'shown on the' HOME's Schedule of Char es as ma be re uested ' · g y. , q by RESIDENT or. as ..._. determ ned by HOME to be legally and reasonably requ red fo~ the health, safety, welfare, good grooming, and well-being of RESIDENT. Services of Physicians ,, "'~ Medications, treatments, therapy, diet and'ot~er Serv ~es are prov ded bnder the direction of RESIDENT'S attendin.g physici~n.~:.HOME agrees to permit RESIDENT to choose h s or her own physician.~ HOME reserves th6 dght:tO~appoint a physician for RESIDENT if RESIDENT or RESPONSIBLE PARTY fails to do so, or if physician selected by RESIDENT or RESPONSIBLE PARTY fails to comply with HOME's policies, procedures or regulations. 1.4 2.2 2.3 Services of Other Providers - :,i HOME agrees to permit resident to choose other providers of non-facility services conditioned by the provider's compliance ~ith HOME's po icies and procedures · ,,,~ .~ ~...-~ . . FEES AND CHARGES Obligation of RESIDENT or RESPONSIBLE PARTY RESIDENT, ,.or RESPONSIBLE~ ~ARTY solely from RESIDENT's financial resour.ces, shall be responsible for the payment of ail charges assessed by HOME for the services and supplies HOME provides to RESIDENT. Non-payment of charges may result in HOME's termination of this agreement after notification to RESIDENT or RESPONSIBLE PARTY, Schedule of Charges RESIDENT or RESPONSIBLE PARTY acknowledges receipt of HOME's Schedule of Charges for basic and supplemental services, which are considered part of this agreement. HOME retains the unilateral right to raise, lower, or modify the Schedule of Charges, and such change shall be effective no sooner than thirty (30) days after RESIDENT or RESPONSIBLE PARTY receives written notice thereof. If RESIDENT requests items or services not included on the schedule of charges, HOME will advise resident of the cost, if any, of such item or service. Advance P~yment of Basic Service Charges RESIDENT, or RESPONSIBLE PARTY solely from RESiDENT's financial resources, agrees to pay basic service charges in advance. The first payment shall b.e in the aggregate amount 0f the basic service charges for each day starting with the date this Agreement commences to the end of the month. Thereafter, advance charges for, basic sewices shal be due on the twenty-fifth (25th) day of the month in which services are being provided. Advance payment of basic service charges is not required if RESIDENT or RESPONSIBLE P, ARTY has reasonable expectation that services will be covered by Medicare ~ or Medicaid. :.,If HOME does not concur with RESIDENT or RESPONSIBLE PARTY's ~ expectation of Medicare coverage, RESIDENT or RESPONSIBLE PARTY must request in writing that a demand bill be submitted to the Medicare intermediary. When such written request is made, no advance payment will be required while the Medicare intermediary reviews the request. If RESIDENT or RESPONSIBLE PARTY, believes that RESIDENT is eligible for Medicaid benefit~ payable to 'HOME and submits a completed application for 2 2.4 2.5 Medicaid benefits, no advance payment will be required while the application is being reviewed. . _. ,, .. . Payment of Medicare Deductible and Co-inSurance AmoUnts Except when RESIDENT is eligible forMediC'~id or when Medica~e deductible and co-insurance amounts are cover~d;by'~'~'n'!finSurance with 'which HOME has a participating provider rel.ationship, RESI'D. ENT, or RESPONSIBLE PARTY solely from RESIDENT's financial resources,: ~g~'~ito p, ay Medicare deductibles and insurance amounts. Payment of dedu'~tibi~'~nd bo-insurance amounts is due on the twenty-fifth (25th) day of each month folk~wing the month in which the services or su_p, plies were provided. - - .;'!~i~ .~F: i?,,, ':"~ Payment of Medicaid Income Based Co'payments RESIDENT, or RESPONSIBLE PARTY 'solely from RESIDENT's financial resources, agrees to pay Medicaid income based co-payments in the amount determined by the Medicaid program',:; Pa~/m~nt of Medicaid co-payment amounts is due on the twenty-fifth (25th) day of each m0nth following the month in which services were provided. 2.6 Payment of Supplemental Services and Supplies Charges' RESIDENT, or RESPONSIBLE PARTY-solely from RESIDENT's financial resources, agrees to pay supplemental :~:ha'rgbs' for services and supplies nbt included in the basic service charge. Payment for supplemental charges is due on the twenty-fifth (25th) day of each month following the month in which the services or supplies were provided. ,~ .~, ~:~,, 2.7 Payment of Services by Physicians and'Other Providers ' Payment of services provided by Physicians;is the responsibility of RESIDENT. Except where services of other providers a're"payable to the home by Medicare or Medicaid under the terms of HOME's' provider agreements, RESIDENT is responsible for payment of services by'Cther providers.-, :: ~,~¢:,¥~. L 'i~ .. ! 2.8 Late Charges and Costs of CollectiOn; ,.~L, ~::~ ~.. RESIDENT, or RESPONSIBLE PARTY agrees to pay late charges calculated on the basis of one .and one-quarter percept (1.25%) pe~' month on charges for services and supplies that are at least thi~y (30)'days past dUe. RESIDENT, or RESPONSIBLE PARTY agrees to pay, f~a~0nable costs of collecting past due accounts, including attomeys fees.' .~,~ -'~: ~"~ .... 2.9 Refunds of Overpayments Overpayments will be refunded within thirty (30) days following the last day of the month in which RESIDENT is discharged. 3 3. MEDICARE AND MEDICAID ~: · :~, i 3.1 Participation in Medicare and Med!ca!d~,. HOME participates in both theMedicare and Medicaid Programs. HOME agrees to provide services of the same quality and type of care regardless of source of payment. RESIDENT and RESPO,NSIBLE PARTY, if any, acknowledge that no representation, statement, or claim' has been made by anyone connected with HOME that services to RESIDENT are or will be covered under Medicare or Medicaid. HOME makes no guarantee that services will be covered under either program. RESIDENT or RESPONSIBLE PARTY releases HOME, its agents and employees from any liability or responsibility in connection with RESIDENT's potential claim for Coverage under the Medcare, Medicaid, or any other govemmental assistance program. 3.2 .~i..Acceptance of Medicare and Medicaid Rates In the event RESIDENT is dete[mined eligible for benefits under the Medicare and/or Medicaid program and is entitled under one or both of these programs to have payment made for all of the items and services provided by HOME, HOME agrees to accept the.payment from these programs, plus any related deductible, coinsurance and copayment amounts owed by RESIDENT, as payment in full for the ite~3s and se~ices covered thereunder. 3.3 Application for Benefits . . RESIDENT shall apply promptly for eligibility and benefits under the Medicare and/or Medicaid program as soon as RESIDENT appears to meet said program's eligibility requirements. If RESIDENT fails to apply promptly, HOME is authorized in its sole discretion to prepare,~aII.necessary .forms and documents from information provided by RESIDENT: or RESPONSIBLE PARTY for RESIDENT or RESPONSIBLE PARTY's signature~, which RESIDENT or RESPONSIBLE PARTY shall not withhold unreasonably. HOME w!ll submit such forms and documents to the appropriate state and/or fedemi agencies for a determination of RESIDENT's eligibility and benefits under the Medicare and/or Medicaid program. 3.4 Non-Covered Services RESIDEN'[, or~RESPONSIBLE PARTY solely from RESIDENT's financial resources, agrees' to pay charges for non-covered items and services. Payment for supplemental charges is due on the twenty-fifth (25th) day of each month following the month in which the services or supplies were provided. 4.2 4.3 BED RESERVE PROVISIONS Private Pay Residents , In the event RESIDENT, while not eligible for benefits payable to HOME under the Medicaid program, is discharged from'HOME for the purpose of being admitted to a hospItal or for the purpose;~ of,;:therapeutic ,leave; HOME ":shall reserve RESIDENT's bed untl such t me as REs. E~ENT returns to'HOME or RES DENT or RESPONSIBLE PARTY notifies HOME in {vri!ing of RESIDENT or RESPONS BLE PARTY's intention to terminate tl~is!iA~r~ement,,,. ',HOME shall charge and RESIDENT shall pay HOME's cur~! daily private rate for each day. a bed !s reserved for RESIDENT until RESIDENT.~ither returns to HOME or terminates th~s Agreement. Medicaid Residents - ' In the event RESIDENT, while el~gible for benefits payabl~:to:.HOME~uhder the Medicaid program, is discharged from' HOMEfd¥'th6 'pb~p0se of be'ng ~dmitt~d to a hospital, HOME shall reserve a bed;for RESIDENT for ul~ to fifteen (15) days per hospital stay. After such time, HOME'sh~ill not be.obligated to reserve a bed for RESIDENT, but will readmit RESIDENT to th~ first available semi-private bed upon discharge from the hospital In the event RESIDENT, while eligible for benefits 'payable to HOME: under~ the Medicaid program, is discharged from HOME for the purpose of therapeutic leave, HOME shall reserve RESIDENT's bed for up to fifteen (15) days per year if RESIDENT is receiving skilled care or up to thirty (30) days per year if RESIDENT is receiving intermediate care. After such:time, HOME shall continue.to reserve RESIDENT's bed if, before the expiration of said period, RESIDENT or RESPONSIBLE PARTY notifies HOME in ;writing of RESIDENT's intention to return to HOME and RESIDENT's agreement to pay HOME its then current rate for each additional day RESIDENT's bed is reserved. ' Medicare esidents -~ ,'~' ..~.~ Medicare does not provide benefits payable to HOME for reserving a bed. In the event RESIDENT is eligible for benefits payable to' HOME': under:the' Medicaid program, bed reserve provisions will = r. , . be m accordance w~th th'0se described above for Medicaid residents· In the event RESIDENT. is not eligible for benefits payable to HOME under the Medicaid':progmm; bed~reser~e provisions.will be in accordance with those described above' for Pdvate Pay residents..~, ' · .;(,"-~.1 ,,~ '~!~, :;~ · ~'' .!%'~ '~:i ;~ ' 5.1 6. 6.1 6.2 PERSONAL AND OTHER PROPERTY RESIDENT Responsibility ~' ~ '~ ~ ' ' RESIDENT~or RESPONSIBLEi PAR~...agree to provide such persOnal clothing and effects as needed ordesired"b~; RESIDENT, subject to space limitations in HOME. RESIDENT~is pertained, to retain personal possessioris that meet safety criteria;' HOME'i:may~ place restrictions on items that infringe upon the rights of others'or:are contraindicated by RESIDENT's physician as documented in the medical record by RESIDENT's~physician. RESIDENT is'responsible· for'maintaining insurance on any personal property or valuables kept at HOME. RESIDENT or RESPONSIBLE PARTY accept sole risk and liability for personal property or valuables kept at home. HOME Responsibility ~ il . : ~ HOME shall provide RESIDENT with a locked space if requested by RESIDENT. Use of said locked space, and th~ placement or storage of any items therein, is recognized as being at the sole risk and liability of RESIDENT or RESPONSIBLE PARTY, and no liability or responsibility whatever with respect to any such items is assumed by HOME. HOME accepts no liability to replace or be responsible for stolen, damaged, lost or misplaced personal property or valuables. HOME strongly recommends that no jewelry, or other valuables be brought to or ... maintained at HOME. ~ : , · RESlDENT'S PERSONAL FINANCES . RESIDENT Funds Management RESIDENT is encouraged to manage his or her own personal financial affairs. HOME will manage RESIDENT's personal financial affairs only when RESIDENT or RESPONSIBLE PARTY des. ignites the transfer of such responsibility in writing. RESIDENT funds managed by HOME will not be commingled with HOME funds. If funds managed for RESIDENT are in excess of $50.00, the amount in excess of $50.00, or, at HOME's option, all funds being held for RESIDENT, will be held in · an interest bearing account at a local financial institution insured by the Federal Deposit Insurance Corporation or the Federal Savings: and Loan Insurance Corporation. , :.:, :. RESIDENT's Access to Funds If assistance with financial management is provided, HOME agrees to issue up to $50.00 in cash to RESIDENT upon request during normal business hours, 6.3 6.4 .provided that RESIDENT's account',balance equals or exceeds the amount requested. Withdrawal of amounts over $50.00 will require reasonable advance notice. RESIDENT's Personal Needs AIlowahce~*.:'? RESIDENT is permitted to retain 'a~poi'ti0i'i';~i~f'RlOSIDENT's i~come as a personal needs allowance, in an amount determined by the Medicaid Program. RESIDENT is not required to use any portion :bf RESI~ENT'S personal needs allowance for basic or supplemental charge~ n(J?:'~vill~i~HOME irfip0se a:'~charge against RESI DENT's personal funds for se~ic~ ~3~id':fo~ by Medicare or Medicaid. HOME Accounting If HOME provides assistance w~th financ~a management to RESIDENT, HOME shall maintain a separate, current indivic~Ual record of financial transactions for RESIDENT and shall give RESIDENT (~: RESPONSIBLE PARTY a quarterly accounting of transactions made on RESIDENT's behalf. Upon request, RESIDENT or RESPONSIBLE PARTY shall be allowed ~to review RESIDENT's financial record during normal working hour. ' Deposits and expenditures shall,be ~dobumented,'with 'wdtten receipts. Disbursement of funds to RESIDENT;oi?RESPONSIBLE PARTY shall be documented and' RESIDENT or RESPONSIBLE PARTY. shall acknowledge the receipt of funds in writing· Accounts' sh'all~leady reflect dsposits, receipt of funds disbursal of funds and the current balance· 6.5 Medicaid and SSI Resource Limitafi(~ris Notification If RESIDENT is eligible for Medicaid;~ HOME Will notify RESIDENT or RESPONSIBLE PARTY when the a'cd~)uht:b~ ~nce a~curfi'ulates {o a' point that is $200 less than the Medicaid and or SSl~r~s~Jurce mta't On that'RES DENT may lose h~s or her Medicaid or SSI ehglblhty ~f t~e., resource hm~t ~s exceeded. ' ' 6.6 RESIDENT Funds Procedure Following Termination of Service by HOME In the event of termination of service by HOME after thirty (30) days wdtten notice, HOME will provide RESIDENT or RESPONS)BLE PARTY With an itemized written account of RESIDENT's funds and immediate payment of'any balanCe remaining in RESIDENT's account with HOME. 6.7 RESIDENT Funds Procedure Followii~g T~ifination Of Service by RESIDENT f RESIDENT chooses to leave HOME.'aff~r..giving written notice,'HOME shall, within thirty (30) days affer-RESIDENT~.lea~/es, pr0vide RESIDENT or RESPONSIBLE PARTY with an-:itemiz~e~l written amount of funds, including 6.8 7.2 notification of funds sti. II ~9Wed..to HOME by RESIDENT or a refund owed to RESIDENTby HOME. · ,',-,,;'~'.~,,;'. · · RESIDENT Funds Procedure Following Discharge or Death of RESIDENT Upon discharge of RESIDENT, HOME shall return RESIDENTs funds being managed by HOME to RES! ,D.E. NT;~pr RESPONS BEE PARTY. Upon the'de~th Of RESIDENT HOME Shal Surrender to RESIDENTs estate funds and valuables of RESIDE~T~whic~ were entrusted to HOME or left in HOME. In addition, an itemize, d ,written accot~nt of RESIDENTs funds and valuables which 'were entrusted to HOME shall be surrendered within 30 working days of RESIDENTs death. A signed receiPt shall be obtained and retained by HOME. , ~ , , ~, ~ ~ ~ ; ? !.. TERM, TERMINATION, TRANSFER, OR DISCHARGE Term of Agreement ,. :,.. ~ ,; ~. The term of this Agreement shall commence on the date set forth above and will remain in effect until it is terminated by either party as described herein or until a · different or subsequent agreemen, t is executed. Notification of adjustment in charges for basic 9~' supplemental services and supplies shall be considered an amendment to.this agreement, but at the time of such adjustment, execution of a different 0r subsequ, ent agreement shall not be necessary to effect such change of rates. Termination, Discharge or Transfer initiated by RESIDENT RESIDENT or RESPONSIBLE PARTY may terminate this Agreement by giving advance Written notice to HOME of RESIDENTs discharge from HOME. Obligatior~ .' of RES!DENT,? RESPONSIBLE PARTY solely from RESIDENTs financial resoumes, to pay HOME. for services rendered through the date of discharge 'shall continue until s~ch financial obligations have been satisfied. RESIDENT or RESPONSIBLE pARTY may initiate RESIDENTs discharge at any time. RESIDENT will r!ot be forced to remain in HOME against RESIDENTs will for any Pedod of time. Requests by RESIDENT or RESPONSIBLE PARTY to transfer to another room . will be subject to the ~avai!ability: of the room requested and the needs of RESIDENT and 0thee,residents. HOME will advise RESIDENT or RESPONSIBLE PAR'I'~Y, of any additional .charges for requested room if different than assigned room. '' .,i :: ,: ,"~ ~ ' ~ 8 7.3 7.4 Termination, Discharge or Transfer Initiated by HOME HOME may terminate this Agreement by g'ving thirty (30) days advance written notice to RESIDENT or RESPONSIBLE PARTY. HOME may discharge or transfer RESIDENT only under the following conditions: a) transfer or discharge is necessary for RESIDENT's welfare and RESIDENT's needs cannot be met in HOME; b) c) RESIDENT's health has improved sufficiently' Ai~d {he' services of HOME are no longer required, as documented by RESlDENT's physician; the health or safety of Other~:~t HOME iS endan§ered~ d) RESIDENT has failed, after_ reasonable noiic~ to pay'for or have Medicare or Medicaid pay fo~,. RESIDENT's stay at HOME; e) HOME ceases to operate. '~'~- .;~ Not ce of Transfer or Discharge by Home " ~ ~ In the event of transfer or discharge, HOME will provide advance hotice of thirty (30) days except when RESIDENT h~ urgent need for further medical attention, RESIDENT is absent from HOME for thirty (30) days, RESlDENT's' health' has improved to the extent that the services of HOME are no longer required, or RESIDENT's stay endangers the health or safety of others at the facility. At minimum, a) b) c) d) e) the notice will contain the following information: the reason for transfer or discharge~'" the effective date of the transfer or discharge; the location to which RESIDENT is to be;tranSfer'red; ::;~" ': ' a statement that the resident i~as the right t0.app~al th'e action tO the Pennsylvania Departmen~t 0fl;PubliC Welfare, Offic~ of Hearing 'and Appeals, P.O. Box 2675,'Ha~'r~sbUrg, PA 17105-2675;,';~ ' ' the name, address, and telephone number of the state long term care ombudsman (the local Area Agency on Aging); 9 8.2 10. 10.1 ¸g) the name. '.address,,,and;~:telephone number of the agency responsible for.l~rote'cti~'n ~r{~j ~d.vocacy of developmentally disabled ~nu~v~uua~s; , ,,, . the name,' address, and telephone number of the agency responsible for the protection and advocacy of mentally ill persons. RESIDENT RECORDS Record Maintenance' .. i. HOME shall maintain records m acCOrdance with the requirements of federal and state governmental ~ge~cies or other third, party reimbursement sources. ConfidentialitY and Authorization HOME acknowledges thai. RESIDENT's personal and medical records are confidential. RESIDENT or RESPONSIBLE PARTY authorizes access and use of such records to HOME. In the event of RESIDENT's admission to a hospital or referral to other health care providers, RESIDENT or RESPONSIBLE PARTY authorizes the release of information to such institution or health care provider, in addition, RESIDENT or RESPONSIBLE PARTY authorizes the release of information on the medical record .to tl~ird party payors or potential payors, government,0r regulatory agencies, the state ombudsmaR, and the HOME's liability carrier or HOME's legal counsel. MEDICAL TREATMENT AUTHORIZATION by RESIDENT° Authorization r RESPONSIBLE PARTY RESIDENT or RESPONSIBLE PARTY authorizes HOME to provide care and treatment consistent with the terms of this agreement. THIRD PARTY PAYMENTS Authorization to Bill Third Party Payors RESIDENT or RESPONSIBLE PARTY authorizes. HOME to bill any third party payor directly for service rendered .which may be covered' by any insurance or government' assistance program, including Medicare, Medicaid, and private in s u re rs. -., 10 10.2 11. 1t.1 11.2 11.3 11.4 tl.5 Assignment of Medicare Payments RESIDENT or RESPONSIBLE' PARTY requeSts.that payment of authorized Medicare benefits be made on RESIDENT's behalf to HOME for any services furnished RESIDENT by HOME., RESIDENT.br'/RESPONSIBLE PARTY authorizes any holder of medical informatior~:ab0ut RESIDENT t° release to the Health Care Financing Administration and 'it{ ag:eats any information needed to determine these benefits or the benefits payable for related services. MISCELLANEOUS PROVISIONS This Agreement shall be governed by!a'nd construed in'.aCcordance with the laws of the Commonwealth of Pennsylvania/ · Sever bility ' If any of the provisions in this Agreement are declared to be invalid, such provisions shall be severed from the Agreement'and the 'other provisions hereof shall remain in full force and effect. Section headings-contained in this Agreement are f0=r reference pijrPose{ only and do not constitute part of this agreement. E ti Agreement " ' This Agreement together with HOME's ApPlication for Adm'ssion, Schedule of Charges, Resident Handbook, Resident Rights, policies on Advance Directives and Financial Assistance constitute the entire understanding between the parties with respect to the matter contained :h~rein,~ .sUperseding .all Prior and contemporaneous agreements and ~Uhderst~,ndingsl express or implied, oral or written. No addition or modification to this agreement may be made by RESIDENT or RESPONSIBLE PARTY without the consent of HOME, and such:addition or modification shall be in writi.n.g signed!i~;' RESIDENT or RESPONSIBLE PARTY and a corporate officer of Un~ted Chu:~ch of ChriSt Homes ~ Inc'.'; Modifications HOME may modify or amend this Agreement unilaterally to assure Compliance with subsequent changes in governing !aw or regulation. Notice of any such changes will be provided to RESIDENT or RESPONSIBLE PARTY. 11, 11.6 t2. 12.1 12.2 12.3 Notices All notices required or permitted ~under this Agreement shaft be in writing and shall be deemed to have been givenl made.and received when personally delivered or sent by regular Uts. Mail addressed.to the pady(ies) as set forth above. Any party may change the address to w..hic.h.,.notices areto be sent by giving notice of such change in the manner described~ab0ve.~, ~ ACKNOWLEDGEMENTS Schedule of Charges RESIDENT and RESPONSIBLE PARTY, if any, understanding of HOME's Schedule of charges. acknowledge receipt and Resident Handbook RESIDENT and RESPONSIBLE PARTY, if any, acknowledge receipt and understanding of HOME's handbook on HOME's rules (Resident Handbook) and agrees to ab!de by HOME's rules... Resident Rights RESIDENT and RESPONSIBLE PARTY, understanding of Resident Rights. if any, acknowledge 12.4 Advance Directives RESIDENT and RESPONSIBLE PARTY, if any, acknowledge understanding of HOME's Policy on Advance Directives. 12.5 Financial Assistance RESIDENT and RESPONSIBLE PARTY, if any, acknowledge understanding of HOME's Financial Assistance policy. receipt and 12.6 receipt and receipt and Agreement RESIDENT and RESPONSIBLE PARTY, if any, by virtue of signing this Agreement, declare that this Agreement has been fully explained and understood. 12 IN WITNESS WHEREOF, the parties, intending to be legally bound, have signed this agreement on the date written below. HOME R~presefita~ve & Title RESIDENT Witness Witness Date Date RESPONSIBLE PA~RTY RelationShip to Resident Witness IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lydia B. Durf, Administratric of the Estate of Paul R. Durf and Lydia B. Durf, Individually and as the spouse of Paul R. Durf, Plaintiff United Church of Christ Homes, Inc. t/a Sarah A. Todd Memorial Home, Defendants CiVIL DIVISION NO. 01-5810-Civil WITHDRAWAl, OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance in the above-entitled matter on behalf of the Defendant, United Church of Christ Homes, Inc. t/a Sarah A. Todd Memorial Home. Dated: June 26, 2002 Edward J. Cermanski, Esquire Attorney ID# 56278 LYDIA B. DURF, Administratrix of the Estate of PAUL R. DURF and LYDIA B. DURF, individually and as the spouse of Paul R. Durf, Plaintiff UNITED CHURCH OF CHRIST HOME t/a SARAH A. TODD MEMORIAL HOME, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO.: 2001-05810 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, United Church of Christ Home t/a Sarah A. Todd Memorial Home, in the above-captioned action. McKissock & Hoffman, P.C. Edwin A.D. iuire Attorney I.D. #: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Date: June 27, 2002 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry of Appearance and Withdrawal of Appearance upon the person(s) and in the manner indicated below; which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Anthony Adams, Esquire 128 West King Street Shippensburg, PA 17257 (Counsel for Plaintiff) McKissock & Hoffman, P.C. Supreme Court I.D. #75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, United Church of Christ home t/a Sarah A. Todd Memorial Home LYDIA B. DURF, Administratrix of the Estate of PAUL R. DURF and LYDIA B.. DURF, individually and as the spouse of Paul R. Durf, Plaintiff UNITED CHURCH OF CHRIST HOME t/a SARAH A. TODD MEMORIAL HOME, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO.: 2001-05810 JURY TRIAL DEMANDED NOTICE TO PLEAD To: Lydia Durf c/o Anthony Adams, Esquire 128 West King Street Shippensburg, PA 17257 You are hereby notified to file a written response to the enclosed Answer and New Matter to Plaintiff's Complaint together with New Matter Counterclaim pursuant to Pa.R.C.P. 2256 within twenty (20) days from service hereof or a default judgment may be entered against you. McKISSOCK & HOFFMAN, P.C. Edwin A.D. Schwa[;E~,_.Es~uire I.D. #: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717)540-3400 Attorneys for Defendant, United Church of Christ Homes, Inc., t/a Sarah Todd Memorial Home LYDIA B. DURF, Administratrix of the Estate of PAUL R. DURF and LYDIA B. DURF, individually and as the spouse of Paul R. Duff, Plaintiff UNITED CHURCH OF CHRIST HOME t/a SARAH A. TODD MEMORIAL HOME, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO.: 2001-05810 JURY TRIAL DEMANDED ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT TOGETHER WITH NEW MATTER COUNTERCLAIM PURSUANT TO PA.R.C.P. 2256 AND NOW COMES Defendant, United Church of Christ Homes, Inc., t/a Sarah Todd Memorial Home, by and through its counsel, McKissock & Hoffman, and respectfully files the foregoing Answer and New Matter to Plaintiff's Complaint together with New Matter Counterclaim pursuant to Pa.R.C.P. 2256 and as such, provides as follows: Defendant is without sufficient information to admit or deny the averments contained in paragraph 1 of Plaintiff's Complaint and as such, the averments contained in paragraph 1 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. Defendant is without sufficient information to admit or deny the averments contained in paragraph 2 of Plaintiff's Complaint and as such, the averments contained in paragraph 2 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 3. Admitted. To the extent the averments contained in paragraph 4 of Plaintiffs Complaint are consistent with the records and/or charts maintained in the regular course of business by Defendant, the averments contained in paragraph 4 are admitted. To the extent that such averments are inconsistent with the records and/or charts maintained in the regular course of business of Defendant, then such averments are specifically denied and strict proof thereof is demanded at the time of trial. To the extent the averments contained in paragraph 5 of Plaintiffs Complaint are consistent with the records and/or charts maintained in the regular course of business by Defendant, the averments contained in paragraph 5 are admitted. To the extent that such averments are inconsistent with the records and/or charts maintained in the regular course of business of Defendant, then such averments are specifically denied and strict proof thereof is demanded at the time of trial. Inasmuch as the averments contained in paragraph 6 of Plaintiffs Complaint refer to writing, such writing speaks for itself. Inasmuch as paragraph 7 of Plaintiff's Complaint refers to specified amounts alleged to be set forth in Exhibit "A" to Plaintiff's Complaint and Exhibit "A" to Plaintiff's Complaint fails to include the schedule of charges as identified in paragraph 2.2 of Exhibit "A", Defendant is without sufficient information to admit or deny the averments contained in paragraph 7 of Plaintiff's Complaint. To the extent that the averments contained in paragraph 7 of Plaintiff's Complaint are consistent with records and/or charts maintained in the regular course of business of Defendant, such averments are admitted. To the extent that such averments contained in paragraph 7 of Plaintiff's Complaint are inconsistent with the records and/or charts maintained in the regular course of business of Defendant, such averments are specifically denied and strict proof thereof is demanded at the time of trial. o To the extent the averments contained in paragraph 8 of Plaintiff's Complaint are consistent with the records and/or charts maintained in the regular course of business by Defendant, the averments contained in paragraph 8 are admitted. To the extent that such averments are inconsistent with the records and/or charts maintained in the regular course of business of Defendant, then such averments are specifically denied and strict proof thereof is demanded at the time of trial. To the extent the averments contained in paragraph 9 of Plaintiff's Complaint are consistent with the records and/or charts maintained in the regular course of business by Defendant, the averments contained in paragraph 9 are admitted. To the extent that such averments are inconsistent with the records and/or charts maintained in the regular course of business of Defendant, then such averments are specifically denied and strict proof thereof is demanded at the time of trial. 10. To the extent the averments contained in paragraph 10 of PlaintifFs Complaint are consistent with the records and/or charts maintained in the regular course of business by Defendant, the averments contained in paragraph 10 are admitted. To the extent that such averments are inconsistent with the records and/or charts maintained in the regular course of business of Defendant, then such averments are specifically denied and strict proof thereof is demanded at the time of trial. 11. The averments contained in paragraph 11 of PlaintifFs Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 12. Defendant is without sufficient information to admit of deny the averments contained in paragraph 12 of Plaintiff's Complaint and as such, the averments contained in paragraph 12 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. By way of further response, Plaintiffs Complaint fails to specifically identify who "Dr. Long" is and in what capacity is alleged to have served relative to the averments contained in paragraph 12 of Plaintiff's Complaint. 13. The averments contained in paragraph13 of Plaintiff's Complaint are specifically denied and strict proof is demanded at the time of trial. By way of further response, it is believed and therefore averred that decedent Paul R. Durf was non-ambulatory prior to his admission to the Defendant's facility. 14. The averments contained in paragraph 14 of Plaintiff's Complaint represent a conclusion of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in paragraph 14 of PlaintifFs Complaint are specifically denied and strict proof thereof is demanded at the time of trial. By way of further response, at all time relevant hereto, Defendant maintained a healthy and safe environment for decedent Paul IR. Duff and any injuries alleged to have been sustained by Paul R. Durf are not a result of any actions and/or omissions of Defendant. 15. The averments contained in paragraph 15 of Plaintiffs Complaint represent a conclusion of law to which no response is necessary. If it is later judicially determined that a response is so required, the averments contained in paragraph 15 of Plaintiff's Complaint ara specifically denied and strict proof thereof is demanded at the time of trial. By way of further response, the averments contained in paragraph of Plaintiff's Complaint do not provide sufficient information as to who is alleged to have received any such payment and/or any information regarding the obligations of Plaintiff and/or the Estate of Paul R. Durf in submitting such payments. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and dismiss Plaintiffs Complaint with prejudice and further award Defendant all such further relief as is proper and just. COUNT II 16. The responses contained in paragraphs 1 through 15, inclusive, are specifically incorporated herein by reference as if more fully set forth at length. 17. The averments contained in paragraph 17 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in paragraph 17 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 18. The averments contained in paragraph 18 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in paragraph 18 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 19. The averments contained in paragraph 19 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in paragraph 19 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. 20. The averments contained in paragraph 20 of Plaintiff's Complaint represent conclusions of law to which no response is required. If it is later judicially determined that a response is so required, the averments contained in paragraph 20 of Plaintiff's Complaint are specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and dismiss Plaintiff's Complaint with prejudice and further award Defendant all such further relief as is proper and just. 21. NEW MATTER Plaintiff's claims may be barred and/or limited because of the conduct of Plaintiffs decedent, under the doctrines of comparative negligent and/or assumption of risk, to the extent that subsequent discovery may implicate. 22. Plaintiffs claims may be barred and/or limited by virtue of any consent, release or agreement signed by Plaintiff under the doctrines of release and consent, to the extent that subsequent discovery may implicate. 23. Plaintiffs Complaint fails to set a cause of action for which relief may be granted. 24. Plaintiffs claims may be barred and/or limited because the injuries alleged to have been sustained by Plaintiffs decedent are the result of some person, party or entity to which Defendant exercised no legal right to control. 25. Nothing done or omitted by Defendant was the proximate cause of any injuries or damages alleged to have been sustained by Plaintiff and/or Plaintiffs decedent. 26. Plaintiffs decedent's failure to exercise due care was the proximate cause of any and all injuries alleged to have been sustained by Plaintiff and/or Plaintiff's decedent. 27. To the extent that future discovery may implicate, Plaintiffs and/or Plaintiff's decedent's injuries and/or losses, if any, were caused in whole or in part by persons not a party to the within action. 28. To the extent that future discovery may implicate, Plaintiff and/or Plaintiff's decedent's injuries and/or losses, if any, were sustained as a result of natural and unknown causes and not related to any actions or omissions of Defendant. 29. At all relevant times hereto, Defendant rendered care and/or services in an appropriate manner, within the standard of care applicable thereto and in compliance with all statutes, rules, regulations, protocols and/or procedures applicable thereto. 30. All claims and causes of action plead against Defendant are barred by the Plaintiffs knowing and voluntary informed consent to the question in care. 31. In as much as the Pennsylvania Rules of Civil Procedure, specifically Rule 1032, provides that a party waives all defense if not presented by way of new matter, Defendant, upon advise of counsel, hereby asserts all affirmative defenses set forth in Pa.R.C.P. 1030 with all such affirmative defenses being subject to demonstration during discovery process and proof thereof, if relevant, at the time of trial. 32. NEW MATTER COUNTERCLAIM PURSUANT TO PA.R.CP. 225~ Decedent Paul R. Dud became a resident of the Sarah A. Todd Memorial Home located at 1000 West South Street, Carlisle, Pennsylvania. See Exhibit A to Plaintiffs Complaint. 33. In return for the Sarah A. Todd Memorial Home providing residence to Paul R. Durf, Paul R. Dud (as the resident) and Lydia B. Durf (as the responsible party) agreed, in writing, to pay all charges assessed by the Sarah A. Todd Memorial Home for services and supplies provided to Paul R. Duff. See Exhibit A to Plaintiffs Complaint. 34. Notwithstanding the fact that the Sarah A. Todd Memorial Home provided monthly billing statements to Lydia Durf, as the responsible person, for the charges assessed by the Sarah A. Todd Memorial Home for services and supplies provided to Paul R. Durf, Lydia Durf has refused, and continues in her refusal to pay the amounts which remain due and owing to the Sarah A. Todd Memorial Home by Paul R. Durf as the resident and/or Lydia B. Durf as the responsible party. A true and correct copy of the Monthly Statements from October 31, 1999 through June 10, 2002 are attached hereto and made a part hereof collectively as Exhibit "A". 35. The amounts charged by the Sarah A. Todd Memorial Home were reasonable and customary and were accurately reflected in the monthly statements as provided to Lydia Durf. 36. At no time dudng the residence of Paul Durf at the Sarah A. Todd Memorial Home did Paul Durf or Lydia Durf complain that the charges were excessive or unreasonable, Furthermore, neither Paul Durf or Lydia Duff ever communicated any complaints to the staff at the Sarah A. Todd Memorial Home with respect to the conditions of Paul Durfs residence or the care and treatment of Paul Durf. 37. Defendant believes, and therefore avers, that Plaintiff's actions in commencing the instant matter was done as a pre-emptive effort to either avoid Plaintiff's obligation for payment to the Sarah A. Todd Memorial Home or for purposes of using this action as a negotiation tool for a possible offset or reduction in the amounts due and owing to the Sarah A. Todd Memorial Home. 38. The payment obligations of Paul Durf and/or Lydia Durf, as the responsible party, were independent from the obligations of the Sarah A. Todd Memorial Home. 39. Plaintiff's attempts to avoid payment obligations by creating baseless allegations of negligence against the Sarah A. Todd Memorial Home is improper. 40. Defendant Sarah A. Todd Memorial Home believes, and therefore avers that Plaintiff's action in commencing the instant matter was done for an improper purpose and in bad faith, and as such, Defendant reserves its right to pursue any action, including but not limited to an action for wrongful use of civil proceedings, against Plaintiff and counsel for Plaintiff, if and when such claims become ripe. 41. The Estate of Paul Dud, and/or Lydia Duff, in her capacity as Executrix for the Estate of Paul Durf presently owe the Sarah A. Todd Memorial Home in excess of Twenty Eight Thousand Fifty Six and 73/100 Dollars ($28,056.73), together with interest at a rate of 1.25% per month on all outstanding amounts. Furthermore, due to the default of the Plaintiff, Plaintiff is also obligated for the payment of all reasonable costs and attorney's fees. See §2.8 of Exhibit A to Plaintiff's Complaint. WHEREFORE, the United Church of Christ, t/a/the Sarah A. Todd Memorial Home respectfully requests this Honorable Court enter judgment in it favor and against Plaintiff/Counterclaim Defendant, the Estate of Paul Durf and/or Lydia Durf, as the executrix of the Estate of Paul Durf, and further award Defendant/Counterclaim Plaintiff all such further relief as is proper and just, including attorneys fees and costs. Date: Respectfully submitted: McKISSOCK & HOFFMAN, P.C. Edwin A.D. Schw~uire I.D. #: 75902 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 (717)540-3400 Attorneys for Defendant United Church of Christ Homes, Inc., t/a Sarah Todd Memorial Home EXHIBIT "A" ~ta tement United Church of Christ Homes ,Sarah A. Todd Memorial Home 1000 West South Street Carlisle, F'A 17013 Lyd .'L a Duff P.O. Box 98 Walnut Bettom. PA 17266 Statemen-['. Date: 06/.'1.0/~:.00~ Due Date: 06/~:.~/~:.00~:. Re: I-aul R Durf Ac:count hit:: 10.1041 Date Desc:ription Days Rate Charges Payments Ba].an c:~ Quart t ]E. AI.,ANCI::. H OI',:WAI'.,D ~8 ,-0 ~ 6. 28,056.7;! NOTEE: Please remit by JUNE 25, 2002, the Last amount pr:inted on ~:he statement. Please include Account Nr. from statement on I~IEMO LINE of your check. Any payments received after 05/31/02 are not re'flee-ted on statement; please deduct any additional payments you may have made and remit the balance remaining. 'Thank You. L ydS. a Dur'? [::~ ,, 0 ,, [:,: r'Yx' I'>..¢e D8'1:.,¢; 0.5/25./2002 Re; Pat.!]. P, Dt..~t"'l~ ¢~c:(:::OU n t; Nr:. 1.01.041 E:A ..ANCE FORWARD .:]~L.U::q i3Ai.,.ANCE; L.In;i. ted C:hur'c;h of C'hris-t. Homes Sarah A., T'odd Ifie,'nor:i. al Home ;LO00 West ~outh Street Car].:i. sie, F:'A ;i. 70:I.;.:; Due ....... ¥.,, w ~-~ / ~:- ~-, ,-- ~:: ,..., ,%~,< ].),:~ t..e Des(::r ;L p'l.'.;Lon i)a~,,'s Rate Charges J::'a'),-ms:,r'~ t s Balan ce Quart i; 28,0 o,:!) ,, ,, ,., t..Jr'Ji'l.-.ecj CJqt.Lrc:l"~ of Chr'i.~.t ~.i;ar0. h A-. Todd Memor:La]. Home 1000 West South ..c.-;treet C:ar'].isle~, I::'A 1'70:L3 I...>,'d :i.a :Our'f: J::'.O. Box 98 Wa].nut l-.'~ottom, F'A 1~7266 ~ '1.'. a -f:.e me n .l: :Oa -I.'.e: I)ue Da'~'.e: 02/26/2002 Re: Paul I:;~ :()ur'f= A c: c:oun -~'. Iqr: 101041 l)a -t.-.e Descri pt:i. or~ Da~,,'s Ra'l.:e Charges Pa~/men 'l.:s Ba].an c Quart t BAL..AIqC;E F:'OI::~WAi:~D <.8,056 ,, 7-'.'.'; L)ue Da'i:e: EI./'.Z!5/2C..E2 -CaL,. ~. Nr: .tOiO4z Days Ra t~z, C h F-~r cj ~ s F:'avm~ r] T-.:~ Balance 100() West South Street Carii-::,le, F'A :7013 L.?::i :i..:':'~ Durf F:',O,, Box 98 OJa].r/t.t'('. Bottom~, F:'A ].7~':~.66 S'i:.atemer~.t Date: :L0/09/200:t Due Date: :L0/25/2.00:L Re: F:'au]. R Duff Ac court 't: Nr: :L 0 t C, 4:L I)a-t'.e Des <:: r :L .", t :L on Da,z-- ¢" ...... ~ ,- ..... ' ......................... ' · , .... ,'.,:~ ..,::; c. i ~¢:~ I' g e.::,1.. aym(.;::r'~ t':~. ]:¢;:, 'J .:::d"~ BAL..AN(;;tiij F:' CtF('.t.~ A R 0 I,]O"f'E: :: ~..,. :, 200:J. ~, the }...a~:~t .:':~(F~C)L.ti'I t ::,ril"t '{:.er.:{ C)l'~ the '~:':'k.:~.'l.',.,::->cl~e{'~-{.:,, J:;':LE->.::~.':::.e :J.F]C::I.t. LCJe ^ ..~:.~ le (:-ti'*, {'r{J:':{~{O ~' (.. :....)LL 't t {"'{ r". '{:: r c)f{'{ 1:~ ia . '?C4..tr C: {'-K.:-:, C: {,.'. , Ar'J'>..' p<:ry'm(:::'~l:.~::, r(.:.:, ,:::e :i. vec{ a"~:'k=,r '::)9/30/~7f0():{. ar'e r'~ot "(;.::f .ec'i'ed (:)Fi !:'{.:.;'it(.:..',ri/eF'{ '('.:{ ,)..~.:-:<:XSE.:, cJ,'-::'CJLtC:t .:Ar'l},' a(:JcJ:J."~'.:J. Or'ia:{. {:)ayfJieJ']'{:!:-: '.'/(::,Lt flla:.,' have ':::,{"{ "J J"G:::i'I'}i'('. A.:j '.¢ b<:~-:L-:¥d"lC:(.? F'('Xq'Da:Li"i:LI"{i'jj . "{' J"l a {"i },:. YOLJ.,, :L000 West Sou-I.:h ~,~treet Car'lisle, F:'A :L'20:L~T~ Ly,::} :i.a I)u. rf J::' ,, 0 ,, Box 9,8 Statemen,~,', I)a't.:e: 09/14/20C, Due Date: 09/26/200:L F;.:e: F"aul R ))ur'f: A c:,:::oun -t: Nr: 10].041 BAI...ANCIE] F:'ORI. d .ARD ">F'~ 056 ,, 73 2,(3 ;, 056 ,, 71 NO'T'E:: F:'lease rem:i.t ' ,. · .)y ~i~ ('."." p t e it'l il) e i .... " '",f · .~:.6.., ,,:.,)O.J., the I._as'J.: acric)Lu-l.I,., pr:J,l"ltecJ 01"1 '/'. J",;..'-:, ~!~.'}.'.a'l.:emen.t.:, J .I.~.~,.:....:!,E.! :J.r'~c].Li. de ~':':'tc:cc)t. Tl'i~t I".Jr. ~:/C) 1..I. i,' - ~ . (- e(..l,:., Any pay'men'~'.~!.:, r'eceived a'f:ter 08/:.':~:I./:L.~.O0]. ar'e not r'~:.:-~:].,:....:,c.I...ed Olq '.:.-'~.'J:.A'J.~effJel--~.l,',~j p].e,:~?..e deduct any add:i.'L'iona]. ar'~(:J r'em:L-I:, the l:)a ]. al'~ c: ::-. I"e~T~.:J.r'~:j.i.'lg. "Fhar'~i<. YoLk,, LIn:i. ted Church of Chr:i. st Homes Sarah A. Todd Memor:Lal l~lome .1.000 Wes't: ~,i;outl'~ St'.~eet Ca r 1 :i. ?...].e, F:'A Lyd ia Duff F'.O. Box 98 Wa].nut Bot'l:om, F'A .1.7266 Statement Date,~ 08/:L 5/2'.001 Due Date: 08/28/2001 I:~e: F"aul R Duff Ac:count I,Ir= :L 0:1.04:L Date Des c r.i. p 't'. :i. on Days Ra'te Charges F,aymen ts Balan c:e BAI._ANCI[': FORWARD 28,056.75 28,056.75 I,lO'r E:: F'].c-.:,a?.~e remit I:)¥ .Augt.tst ~8., 2-".00:1., 'the L..~':~s't: amoun-I: printed on the s'~.~tem(-.'.:nt. P:Lease .i. nc:lucle A¢::coun'l: Nr'. from s'l:..atemen+_ on MI:_.'.MO L_]:NIE: of your check,, An;/ pa~/m(.:.?r'Jts rece:i, ved af't:er 0'?/T:~:1./i':'.00:1. ar'(.-': not reflected on ~...'rl:atem-en'l:.; l.~:Lease deduc:t any add:i.'l:..tonal I.~aymen'l:.s >-'ou may have made and remit 'lihe balance rema:i.n:i, ng,, ]'har~k You. :L()()() L,~<.:-:,.~.'t. '.:::;c:,Lt'~t?'J !!}'t'.~-'e:,,:-:.?'i:. C:a t" 2. :i..i!i. ~i. e ~, !::'f~, *.:,R X .:M 'i;. Ur',i't. ecl Church of Cl'~r'is't.: Homes E~arah A.. Toctcl Memorial Home :LO00 West ,q~outl", ,q-)'treet Carl:i.s].e~, F:'A .1.70177; I...yd :i.a Duff F,,[ .... Box 98 Wa ]. n u't Bo'('. tom, F:'A .L ?~.,.~,.~ Sta'kement l)a'te: 05/:L0/200:; I)ue Date: 0 :, "~ "' ' ,. / .... /~.00 .L Re: F:'au]. R Durf A c: c our'~ -I;. hli": :L O:L 04:L BAL..AhlCE F:'C]RWAF;:D 39,379.32 39,379,,3~ NE)"f'E]: F'].ease remit by MAY 25, 200I, the Lam± amour'~t printed on the ~.?;tat(-.'-:m,:-:-:r,'k,, F'].e~':~se :Lr'~c].ud,:-:-:, Ac:,.'::ount Nr,. 'f:r'om s'k,.'.a.'kemer~'k ,:.~n MEMO L..]:NE: o'f: '.'/C)CLF C:hec:k., AI'i~/ J:)~.\~/fItE)F/ts rece:J, vecJ afl:er 04/30/:E:001 are not I"e"~:].ec:tecJ C)l-t c.!~tat(-.'-)fllel'lt;; p].ea.ise Cj.~))(:JLLc:'J.', al'ly acJcJ;i.'J.::J.C)l'ta.'J, pa.¥fl/el~.'~'.'..ii, yC)L( ~lt-.-':x'.'/ J'l~'.:~.ve ~lld.-~cJe -,'an cJ rem i '~'. t he ba ]. ,.':'Lr~ ce r'e~lla i iq :i. n g. T h,.':'~r/J-.'. YOLt, ].00() We?,t Soui:h Street Car'].is].e:,~,~ PA ].7()].3 L..yd :i.a Duff P,,O,, Box "?8 Wa].F~t.~'(: ](-:¢,::)t'i:.ofl'~, [::'A StatementI,)ate: 04/09/200:1 Due Date: 04/25/200~. F;.:e: F:'au]. R Duff A c court 't.'. Nr': .1.0 J. 04.. :()a 'Lt..:.: :()ese r :L p'~. :i. on :()ay'...:.: Rate Charges F:'aymen 'ts Balan c,,-: (;:~ u a n 't: 4:L, 076,, 4.~ 363:;,, 45 40,7:L2.98 ! 46.50 40,566,, 4~ 227.16 40 :, 339,, 3~ 960,,00 39,379.3~ ?lease rem:i.'i:, by Ai::'i:;,':l:i... 25, 200]., 'the l...as'L amoun'L pr':i.n'Ced yoLt,,' c:heci<,, Any payments rece:i, ved al'Let 04/5/200]. ar'e not ref].ec:ted on si;'L¢:','Cemer, i-.; p].ea, se deciuc'l:, an'? add:Lt.:i, or, ai p.ay'ments you may have m.ade ar'icj J"ed'J:J.'J:. thE, ~:)E~. ]. ar! c((.) reh~a:Ln:Lng. Zhf&t"iJe. YOLt. ,~; ta temen t Un.i. ted Church of Christ Homes ,Sarah A. 'l"odd Memerial Home 1000 West South S'lreet Carlisle:, F'A 17013 I_yd :La ]D~.trf F'. 0,, Box Walnut Bo'ttom, F'A 17266 Statement I)ate: 03/13/200 Due Date: 0~/~:.8/~:.00.L Re: F'aul R Duff Ac c:oun 't. hit: 101041 Da't.e Description Days Rate Charges F'aymen ts Balanc- Quant BALAI,ICI? IZ []Ir~W AI-"~ D 41,076.4,.~ 41 ,,, 076 ,, 4~ t,IO']"E:: Please recn:i.t by MARC;I-I 2.8, i'?.001, the L_ast amount pr:i. nt:ed on st¢.~'~.ement, I::'].ea~..~e ±nc].Ltde Account Nr,, from sta'['.ement on MI~]I~C) I_IlqE o'f: yot.tr chec:k. Any paymer~ts receivecl after 02/2(~/200:L are not reflected c)n s'[]atefllel'Jt]j pi. ease deduct any addii:iona~L paymeni:s yeu may have made and remit the t:)a]Lan(ze remaining. Zhar~l,:. YoLt. Statement Un:Lted Church of Christ Homes Sarah A, Todd Memorial. Home 1000 West E;outh Street Car'Zi~.~]Le, F'A ].70:L5 I...yd ia Duff P.O. Box 98 Wa:Lnut Bo'~tom, F:'A 17,:.66 Statemer~t Date: O,../l~_/z. O0 Due Date: I:(e.- Pau.t. I;¢ Duff Ac.". c:oun t Nr: 10:L041 Da te Des c r i p t i on Days Rate C; ha rg es Paymen ts Ba 1 an c ~uan t E AI_ANCI:. I::'OI'"(WAF~D 41., 076.43 41,076.4~ NOTE: Please remit by FEBRUARY 26, 2001. the L. ast ameunt printed on statemertt. F'].ease inc:lude Account Nr. from statefnent on MIFJMO LINE of your c:hec~k.. Any paymer~ts rec:eived after 0]/31/200:1. are not reflected c)n !B t~). temel] t ~ · 'L ': · ~...~ " p. ~.,.a.:e~ deduct any addit:Lonal payments you may have made and remJ.~ ~he ba~anc:e rema:Ln~r~g. Thank You. l...ir.~ :L 'l:ed C'. hur ,::: i"~ of C h ?' :i..!.'.~. '('. H,:::,r{'~,:.:.:,.~[~. .t:!;...'..',.r'ah r~:~,, 'T,::.,::Jcl l"',,:~,m,::)r:i.a]. C':a !" ]. :i. s ]. e ~, F'G Q u a n t BA!...ANC:E F:'(:)F;..'W A!:;.' D :i. 2/0:L/00 Oral F'LU"~ct:Lon "¢'hev'a i.00 5:i.,,()() :i.?./':i.O/'O0 M,:.:.:,d:i.c:a:L ~il;Lq:.',p:L:L,:-:.:,s :L.,O0 69,,:::'~5 :i. 2./:L 0/00 (i) x '::,.9 e n i,,00 :L 5,, 00 :!. 2,":L 0/'00 ]: r'~ c o r'~ -i:. :L n ,:(.:,r'~ c: e :L 2 / :.'~, :i../00 F.:o,:::,m :i. 2/:::'~ :i. / C, 0 Room 44, (:)36 ,, 68 44,036 ,, 9 ,, 80 44,046 ,, 69. :!;5 44 ~, :L I. 5. :L i. 60 44 ~, :~.42 ,~ 414,,00 44,556 .... 3,480.00 4.:i., 076, Un i'Led Cl"u..~rcl-'~ of Chr'i'.st Homes Sar'ah A,, 'f'odd Memorial Home:, :~.00~:) We:,st South (:]ar! is].e, I::'A Lyd:i.a :Ourf F:',O., Box 98 Wa].nu.'L Bc,'i:tom, I::'A:1. ..... ?.~..o~.,'-'~ ~' Statement Date,-, 12/:i. 5/2000 Due Da te: 12/:Ji:8/;':".000 Re: t::',~¢..~ ]. I;.'. D. rf A c;cour', -('. Nr':: .1. 0 :t. 04:1. BAt...ANCIE F'OI:;~W AI:i~D :!. :!./07/00 Beauty & Barber :!.,,00 :i. :i./27/'00 0 ra :I. l::'un c: t ;i. ,;;:,r'~ T he ra .I. ,, 00 :I.:I./27/00 Oral I::'unct:i. or-, l:-::w:~:l.u 1 ,,0<) 1 :I../::.-'~8/O0 0 ra 1 I::' ur; ,:;: .t.; :i. on T I'ie ra 1 ,, O0 :1. :I./2':'-.;"'/00 0 ra :t.I:'un c .t:. ;il onT he r ~'..': I ,, 00 :t. i/30/00 :i: n con .1:. :i. nen (::,:.:, Sup I:) :t. :i. t ,, 00 ! 1/':.30/00 Med :i. ca :I. Sup p :t. i e:i-; 1 ,. 00 1. :I. / 30 / 00 0 ~" a :t. 1::' u n ,'.:: t :i. o r', T h e r a 1,00 :l.:;.'i:/O:i./O0 I:i?.::,om & ;(:.~oard .... ,~iiem:i. 24 :1.:;':':70:1.?00 Room & Boarcl .... .Semi 2 :1.:;':Z/0:t./'00 Room & Board Sem:i. 6 39,406 ,, :!. 4 ;.Ti9 ~, 413,, 14 39 .,, 4;~2.94 39 ~, 44;?. ,, 83 39 45:1'.": ,, 63 39 462.43 39 54;3. 39, 603 ~ 88 ;.39 , 623 ,, 68 43 093.68 43 ;~38,,68 44,036,,68 I,iOTiE: t::'].e~:',.se rc-'.,mit t:,y ):)IEC:iEM:((q!!:!:;..' 28, '..'.;;ta'i;(.;->me;,!'it.,. l::'].ease ;i. rlc].Ltde A,::,:::our~.t:. l,h.',, 'fr'om st. atem,;-'.-:,r~t or', MiEMO i...:I:I,IE: ,.':>'f y'<:)ur' c:P, ec:i-:.. AFry' l:)aymer'~ts rec:eived .after .I..i'!I/0';'/~/~:000 arr. eno'(', r.e'flec'(ed (:)~'~ '!~;'l:.;':',.t6?filel'i'{;~; plea'se d,:.;<,dLtC:t .;:',4"~(:l r'i-:.:,ir~:i.'L 'l:.l"~c.:, i:>,.?,.].aF~c:~:.:, r',i:;;ir{a:i.i"~:i.r.~g,, "f'i';a{"~l< You. LJn :i. '~'.ed C: hur c: h of C: h r :i. s '('. I--iomes Sarah A,. Todd Memorial. Home :LO00 West South Street C.ari:L.sle, F:'A :L70i5 l...yd :i.a Duff F:',,O. Eox 98 l,.ta].nu.l-. Bo'~:tom, F'A .1.72.66 S'l:atement Date: l:L/:L3/200( Re: F:'aul R Duff ~..~ (::. c.(_ u~ ~ t Nr: 10104:1. BALANCE: F:'OF:.:WA RD :1.0/'3:1./0C> ]:r'~cor'~'l:,:i.r'~ence .fi;upp].:i. :1,.00 46,,40 .'.0/.;~.L/00 Meal:Leal Supp :ie~.~ :L.00 60.80 34,948 ,, 94 34,9 ~.'~8.9~ 46,,40 34,995. 60.80 '~':. (' '" ~.',...~, )o6. :1.~ 4,350,00 :39,406 ,, :1.~ NO'TE: ?lease r'emi-l:, by I'.iovembel,' sta'~:emen-t.:,, l::'Zea-.se :Lr'~c:lude A,:::c:oul"~t t'-h",, 'fron~ :s'l.:a'(:em,:-:.:n-(: on I"II~:MC) LINE:". of 'y'our che:,cl-¢.,, An'? pa~/-ment.'..s !-e(::e:i. veci a'f'('.er- :LO/3:L/2000 are no'l:, re"[:].ected oo '.:s'~:a'l:.e)mer~-t:; l:):i.e.:~.'..se deduct an~/ addi'l:.:Lor~a], l:)aymen't.:-::-; ;/ou may have made a~.nd remit the b..:--~].ar'~c,:e: rc-:;~ma:i.r'~:i.r'~g. ]"har'~l.:. Yo~4., Statement United Church of Chris;t Homes Sarat~ A. Todd Memorial Home 1000 West South Street Carlisle, PA 17013 Lydia Duff P.O. Box 98 Walnut Bottom, F'A 17266 Statement Date: 10/12/200( Due Date: 10/26/2000 Re: F'aul R Duff Account Nr: 101041 Date Description Days Quant Rate Charges Payments Balanc~ BAL.ANCE[ FORWARD 09/20/00 Beauty & Barber 1.00 7.00 09/50/00 Medical S~q~pli. es 1.00 64.05 09/30/00 Incontinence Suppti 1.00 23.20 10/01/00 Room & Board - Semi 31 145.00 50,559.69 7.00 64.05 25.20 4,495.00 30,359..6( 30,366.6~ 30,430.75 30,45~.9~ 34,94G.9~ NOTE: F:'lease remit by OCTOBER 26, 2000, the L. ast amount printed on statement. Please include Account Nr. from statement on MEMO LINr£ of your check. Any payments received after 9/50/2000 are not refiec:ted on statement; please deduct any additional payments you may have made and remit the balance remaining. Thank You. S ta temen t Ur~:i. ted Church of Christ Homes Sarah A. '¥odd Memor:La]. Home 1000 West South Street Carlisle, F'A 17013 L,/d ia Duff F:'.O.. Box 98 Walnut Bottom, PA 17266 Statemer~t Date: 09/15/200{ Due Date: I."(e: F'au]. R Durf Account Nr: 101041 l)ate I)esc:r i ption Days Rate Chargem Paymen ts~ Balance ~.lu an t E AL. ANCE F'CiRWAF{D 45. 903.94 08/18/00 F'AYMENT - F~, ~o~ ~ ~ ~,~r)~ 08/02/00 ~eauty & Barber 1.00 7.00 7.00 08/31/00 Zncontinence ~uppli 1.00 34.80 34.80 08/31/00 Medica~ Supplies 1.00 63.95 63.95 09/01/00 Room & Board -. Semi 30 145.00 4,~)50.00 20,000.00 45,905.94 25,90,3.9~ ~ ~ · ¢ 25,945.7A 30,359.6~ NOTE: F'].ea~.se remit by SEF'"I'EMBEiR 2.9, 2.000, the L. ast amoun~ printed on the statement. F:'lease include A~ount Nr. ~om statement on MEMO L. INE of your check, Any payments received after 8/31/2000 are no't ref:l, ec:ted on st:.atement;; please decluct any addi'tional payments you may have made and remit the balance remaining. Thank You. Statement United Church of Christ Homes Sarah A. Todd Memorial Home 1000 West South Street Carlisle, PA 17013 Lydia Durf P.O. Box 98 Walnut Bottom, PA 17266 Statement Date: 07/07/2000 Due Date: 07/25/2000 Re: Paul R Duff Account Nr: 101041 Date Description Days Quant Rate Charges Payments Balance BALANCE FORWARD 06/27/00 Speech & Hearing Ev 1.00 66.00 06/27/00 Speech/Hearing Ther 1.00 44.00 06/28/00 Speech/Hearing Ther 1.00 44.00 06/30/00 Incontinence Suppli 1.00 58.00 06/30/00 Medical Supplies 1.00 60.75 07/01/00 Room & Board - Semi 31 145.00 36,601.13 12.16 8.70 8.70 58.00 60.75 4,495.00 36,601 13 36,613 29 36,621 99 36,630 69 36,688 69 36,749 44 41,244 44 NOTE: Please remit by FEBRUARY 26, 2001, the Last amount printed on statement. Please include Account Nr. from statement on MEMO LINE of your check. Any payments received after 01/31/2001 are not reflected on statement; please deduct any additional payments you may have made and remit the balance remaining. Thank You. S -t.: a '?. e m e n t · '..~:;a["ah A. 'T'octci Memor:i. ai Home 'Te ].e pl'~o["~e: ( 7:1.7 ) F:'.O. Box 98 W,.~...nu'l: Bottom, F'A :t.'7266 Statement :Oate: 06/13/200 Due Date: 06/2:8/2000 Re: F'aul I:~ Duff Acc:oun t bir',. :1.0:1.04:L :[)ate :Des(::r . ~).1.: i ¢)'~ Da'.¥'s R. ate Charges Payments Quart .1:. BAI...AIqCE F:'C)I:tI,~tA I:t D 05/23/00 Beauty & Barber :1.,,00 7,00 0~,~.",/3:f./00 Medical !)}UF)l:)].:i.e~i~ :L,,O0 62,,95 0'..:.:,/3:I./©0 ]'.r'~c(:)r'~'t.::i. nence Sul:)l:)l:i. :I.,,00 58,00 0.5/:~!; :!./00 Oxygen :i. ,, 00 :i. ',~.~, 00 06/0:1./00 Room ,.~ I-?,oard .... Semi ?:;0 :1.45,00 t'-iO Tlii: u F:' ]. e~?~'.se rem:i.i: by JUNii!: 2[i~:, 20,00., i:he Last amount i:)r:i_ni:ed on the si:a'i:emer~t,, i::' :L ea~.e il'~C].t.~cle Accot.u"~t Nr,, from statemeni: on I~IEPK:) I...:I:NE of )/oL(I" cf~a(::k, Al'ly ?ay[[~el"~ts t"eceiveci after 5/::~;:!./2000 are not ref:Lec:ted c:)n -statem,:eni:; p].ea-~e dedctc:'l:, an~/ add:i.'t:iona], l:)ayme~'~'[:s )/(:)c~. may have made a~n(:l remit the l:)a].~r~c:e refl~ail"~:i.l"~g,~ Thanl,:. YOLt. Sal-'al~ A 'Todd Memor:i. al l..iome :L000 W,:~.:st .S,::)uth Si:feet C:ar].is].e, [::'A :L'20:L~'."~ Te iJ.e p hC)l'~ e JJ ( 7 :J. 7 ) 2 q 5.--.2 :L 8'.'? I...yci :La Duff F:',,C). Box 98 Walnut Bottom., F:'A :L7266 ~ tatemen t Da te: 0~.~/J. ~../~:.000 Due Da'~'~e: 05/30/2000 J:~e: I ,:~u.L R Dul"f Acc:oun t I,h" J~ :!. 0 ].04 :L I)a 't.:e Des c r :L p t :: o "~ Days ~' .... ~ I.~a I:.(.: C ha rge~..'.~ J:'aymen .1:~.!~ ~,a ].i.~n c:e BALAFiCE i::'O F;,'W AF~ D 04/30/00:1'. n c:or~ '.~. :L nen c:e ~.~u p p 1 :i. .1. ,, 00 04/30z'00 M,:..'-:,d :i. (.:~':~]. Su!:)p]. :i. es .~. ,, 00 0~:.~/0:i./00 J~o(:)[l~ ,~ ]:.~oard .... [~e[l'i:J. 31 27,529 ,, 2~; 27 !, 5~'~9 ~ 23 23 ~. 20 23 ,. 20 27 ~, 552.43 60.75 60 ,, 75 2.7,6:1.3. :t. 8 145,,00 4,495,.00 32, :LO~,, :LB N C)'¥'t!~.: Please rem:i.i', by MAY 30, 2.':000, the J_a~'J;. a¢l~OlL.~r~t prir'~te(:l on '~'.he ~C)L.LI" Chec:J~.,, AI'~Z pa~zmet'~ts received afl:er 4X:~:~0/2000 are not reflected o1'~ ~ta'l:emeni:~ please decl~..tct any addit:i, ona:L payments ~zou may have made a~'sd rem:i.t the ba].ance remair'~ing,, "f'hant,L You,. 20 ,, 504 ~ ~,~3 ,, 056. ",.::"7 '5;icY?. 2':3 · Statement Sarah ~ Todd Memorial Home 1000 West South Street Carlisle, PA 17013-2798 (717) 245-2187 L..yd ia Durf P.O. Box 98 Walnut Bottom ~tatement Date: 01/05/2000 I)ue Date: 01/:L9/,~000 Re: Paul R Ac:count Nr: 101041 Date Descriptior~ Days Rate Charges Payments Balance ~luan t BALANCE FORWARD ~.1/01/99 Room & Board - Semi 30 1.1./10/99 Beauty & Barber 1.00 11/30/99 incontinenc:e Suppli 1.00 11/30/99 Medical oup~].ies 1.00 t2/01/99 Room & Board -. Semi 31 1,376.14 1,376.14 133.00 3,990.00 5,366.14 7.00 7.,00 5,37~.14 34.80 34.80 5,407.94 11~.25 112.25 5,520.19 133.00 4~123.00 9,643.19 I'"lease remit payment :i.n 15 Days. Please pay last amount printed on s.;tatement. If you made a payment .'i.r~ Dei;.. .1.999, pleasle clecluc:t amount pa:id from the ].ast line and rem:i.t tine balance remaining. 1000 WEST SOUTH STREET CARLISLE, PA 17013 PHONE (717) 245-2187 ~ PAGE]. RESIDENT NAME tE U-]. ,I IA.I.N " ............. ¥' .:::, t 1: :.I::, , bJ AL. l',il,.jT DATE 0/06/99 AMOUNT OF PAYMENT I$ F'A :t. 7 2 ,.':':, 6 RETURN PREVIOUS BALANCE TRANSACTION DESCRIPTION .0/"3i/9~'' 1 0/3 1/99 :t..1/'0 :l,/'9'? UNITS REFERENCE # AMOUNT 30, ::'VF:q.. LS NC F:AC']:L. ZTY J,.h.-: t'.::. (*~! :3 ':':; ,, :1, ,, O0 :t. , 0,:'.'-, 7.0 () 960., 00 JUL-17-02 WED 07:49 AM MCKISSOCK HOFFMAN FAX:?175403434 PAGE 17 VERIFICATION Mary Jane Walker, hereby verifies that the statements in Answer and New Matter to Plaintiff's Complaint together with New Matter Counterclaim Pursuant to Pa.R.C.P. 2256, are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of PA.C.S, Section 4904, relating to the unsworn falsification to authorities. Mary Jane Walker, Administrator for United Church of Christ Homes t/a Sarah A. Todd Memorial Home CERTIFICATE OF SERVICE I hereby certify that on the date set forth below, I am serving a copy of the foregoing Answer and New Matter to Plaintiff's Complaint and New Matter Counterclaim pursuant to Pa.R.C.P. 2256 upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, addressed as follows: Anthony Adams, Esquire 128 West King Street Shippensburg, PA 17257 (Counsel for Plaintiff) Date: ~.?~ ~_ McKISSOCK & HOFFMAN, P.C. Edwin A.D. Schwartz, ~ I.D. #: 75902 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, United Church of Christ Homes, Inc., t/a Sarah Todd Memorial Home IN THE COURT OF COMMON 'PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Lydia B. Durf, Administratrix of the Estate of Paul R. Durf and Lydia B. Durf, individually and as the spouse of Paul R. Durf Plaintiffs VS United Church of Christ Home t/a Sarah A. Todd Memorial Home Defendant : Civil Action-Law : : : : : No. 2001-05810 : ., ANSWER Now comes the Plaintiff, Lydia Durf, by and through her attorney, H. Anthony Adams and sets forth the following: 21. Paragraph 21 is a conclusion of law to which no responsive pleading is required. 22. Denied, the Plaintiff has at no time signed any release or agreement wherein the stated cause was waived. 23. Denied, the pleading sets forth facts upon which relief could be granted. 24. Admitted that no cause exists against Defendant if the injury to Plaintiff was caused by a person, party or entity over which Defendant exercised no legal right to control. 25. Paragraph 25 is a conclusion of law to which no responsive pleading is required. 26. Denied, Paul Duff at all times to the best of the Plaintiff's knowledge exercised due care and acted in a reasonable manner. Admitted if true and proven Admitted if true and proven 27. 28. 29. Denied, as set forth in the Plaintiff's complaint the Defendant was negligent in allowing Paul Durf to fall. 30. Denied, Plaintiff did not consent to the negligent acts of Defendant. 31. Paragraph 31 is a conclusion of law to which no responsive pleading is required. 32. Admitted 33. Denied, Lydia B. Duff never agreed to make payment of the charges assessed. 34. Admitted, Lydia Duff has no personal responsibility for payment to Sarah A. Todd Memorial Home. 35. Denied, Plaintiff is presently without sufficient information to form a belief as to the truth of the matter averred. 36. Denied, on numerous occasions Lydia Durf met with or conferred with the administration and staff at the Sarah A. Todd Memorial Home and complained of the costs and care given to her husband. 37. Denied, Lydia Duff through counsel requested informal discovery of Sarah A. Todd Memorial Home records and related that the case would be dismissed if the records did not support the cause of action. This request made to Defendant's previous counsel has never been fulfilled. 38. Denied, paragraph 38 is a conclusion of law to which no responsive pleading is required. 39. Denied, Lydia Durf was informed by her husband and an employee of the Defendant that her husband was "dropped" and suffered severe pain from the fall. 40. Denied, at all times Plaintiff has acted in good faith and in fact had offered to dismiss the caption if informal discovery proved that the incident did no occur. Defendant has never supplied the requested material. At no time even when Plaintiff offered to dismiss the action did she tie such dismissal to a reduction in the bill from the Sarah A. Todd Memorial Home. Wherefore Plaintiff prays the counter claim of Defendant be dismissed. Respectfully, H. ANTHONY ADAMS AI-rORNEY AT LAW SUPREME COURT ID NO. 25502 49 WEST ORANGE STREET, SUITE 3 SH[PPENSBURG, PA 17257 VERIFICATION I verify that the statements made in this answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANTA-FRANKLIN COUNTY BRANCH Lydia B. Durf Administratix of the Estate of Paul R. Durf and Lydia B.Durf, individually As the spouse of Paul R. Durf Plaintiffs VS. United Church of Christ Home t/a Sarah A. Todd IVlemorial Home Defendant · Civil Action - Law : · No. 2001-05810 : : : : : : PRAECIPE TO THE PROTHONOTARY: Please Dismiss the complaint filed by Plaintiffs in the above captioned matter. Respectfully submitted, H. Anthony-TAdams, Esquire Attorney for Plaintiffs 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 McKissock & Hoffman. P.C. Attorney for Defendant 2040 Linglestown Road, Suite 302 Harrisburg, PA 17110 LYDIA B. DURF, Administratdx of the Estate of PAUL R. DURF and LYDIA B. DURF, individually and as the spouse of Paul R. Duff, Plaintiff UNITED CHURCH OF CHRIST HOME t/a SARAH A. TODD MEMORIAL HOME, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW NO.: 2001-05810 JURY TRIAL DEMANDED PRAECIPE Please mark the above-referenced matter as settled, satisfied and discontinued with prejudice. Respectfully submitted, McKissock & Hoffman, P.C. Attornne~' iD. ~L~Nho.W:.~q uire 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-3400 Attorneys for Defendant, United Church of Christ Homes, Inc., Fa Sarah Todd Memorial Home C~ERTIFICATE OF SERVJCF hereby certify that on the date set forth bek)w, I am serving a copy of the foregoing Praecipe pursuant to Pa.R.C.P. 2256 upon the Person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, addressed as follows: Anthony Adams, Esquire 128 West King Street Shippensburg, PA 17257 (Counsel for Plaintiff) McKISSOCK & HOFFMAN, P.C. Edwin A.D. Schw'~rtz, E~_q~ire- I.D. #: 759,02 2040 Linglestown Road Suite 302 Harrisburg, PA 17110 (717) 540-,?.1400 Attorneys for Defendant, United Church of Christ Homes, Inc., t/a Sarah Todd Memorial Home