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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MESSIAH VILLAGE,
Plaintiff
v.
No. OC - ~9Sb CU~C-~
MICHAEL KOWALSKI,
Defendant
CIVIL ACTION - IN 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
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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County ,Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717) 249-3166
(800) 990-9108
6061.01
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MESSIAH VILLAGE,
Plaintiff
v.
No. OV_G.9s-t, ~ /~
MICHAEL KOWALSKI,
Defendant
CIVIL ACTION - IN LAW
COMPLAINT
AND NOW, COMES, Plaintiff, Messiah Village, by and through its attorneys,
Latsha Davis & Yohe, P.c., and files the within Complaint against Defendant, Michael
Kowalski, and, in support thereof, provides as follows:
1. Plaintiff, Messiah Village ("Messiah"), a Pennsylvania nonprofit
corporation, is a residential and long-term nursing care facility, with offices located at
100 Mt. Allen Drive, Mechanicsburg, Pennsylvania 17055.
2. Defendant, Michael Kowalski ("M, Kowalski"), is an adult individual
currently residing at 5971 Meade Court, Harrisburg, P A 17112.
3. M. Kowalski is the son, attorney-in-fact, and person responsible for the
financial affairs of his mother, Lottie S. Kowalski ("L. Kowalski").
4. L. Kowalski has been a resident at Messiah's facility since May of 1998 to
the present.
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5. At the time of her admittance, L. Kowalski prepared an application that
disclosed the existence of the following assets held by her: 1) $50,000 in cash; 2) $35,000
of other assets; 3) real estate with an estimated value of $50,000; and 4) monthly income
of approximately $1,100.
6. Pursuant to his duties as L. Kowalski's attorney-in-fact, M. Kowalski was
to utilize L. Kowalski's assets for her benefit and care, which he has repeatedly failed to
do. A true and correct copy of the Power-of-Attorney Agreement is attached hereto as
Exhibit" A."
7. In May of 2000, Messiah and M. Kowalski entered into negotiations in
order to cure the delinquency in L. Kowalski's account with Messiah, which, at that
time, was in excess of $30,000, and caused primarily as a result of M, Kowalski's failure
to exercise his duties under the aforementioned Power-of-Attorney.
8. On or about May 16, 2000, Messiah, M. Kowalski, and L. Kowalski entered
into an agreement (" Agreement"), under which M. Kowalski agreed to perform various
promises not only as attorney-in-fact for L. Kowalski, but in his personal capacity as
well. A true and correct copy of the Agreement is attached hereto as Exhibit "B."
9. Pursuant to sections 2.03 through 2.06 of the Agreement, M. Kowalski
was to provide an accounts receivable listing from his business to enable Messiah to
collect under an "alleged" loan which he had made to himself from his mother's assets
and subsequently assigned to Messiah.
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10. Pursuant to section 4.03 of the Agreement, M. Kowalski was to provide a
full accounting of L. Kowalski's resources.
11. Pursuant to section 1.01 of the Agreement, M. Kowalski was to payor
direct L. Kowalski's monthly pension payments to Messiah.
12. Pursuant to sections 2.01 and 4.01 of the Agreement, M. Kowalski was to
pay all monies due under the aforementioned" alleged" loan which he had made to
himself from his mother's assets and subsequently assigned to Messiah.
13. Pursuant to section 4.07 of the Agreement, M. Kowalski was to cooperate
fully in performing his duties under the Agreement.
14. Since the date of the execution of the Agreement to the present, M.
Kowalski has failed to perform any of the aforementioned promises, thereby breaching
the Agreement.
COUNT I
BREACH OF CONTRACT
Plaintiff, Messiah Village v. Defendant, Michael Kowalski
15. Paragraphs 1 through 14 above are incorporated herein by reference as if
fully set forth at length.
16. M. Kowalski entered into a written agreement with Messiah under which
he had agreed to make full payment, by means of the assignment of certain accounts
receivable frorn his business, of the aforementioned" alleged" loan made to himself
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from his mother's assets and subsequently assigned to Messiah, provide an accounts
receivable listing from his business so that Messiah could collect under the assigned
loan, provide a full accounting of L. Kowalski's resources, direct L. Kowalski's pension
benefits to Messiah, and cooperate fully under the Agreement.
17, M. Kowalski's failure to perform any of the above promises constitutes a
breach of the Agreement.
18. M. Kowalski's breach of the Agreement has caused Messiah to incur
damages in excess of Twenty-Five Thousand Dollars ($25,000).
WHEREFORE, Plaintiff, Messiah Village, demands judgment in its favor and
against Defendant, Michael Kowalski, in an amount in excess of Twenty-Five Thousand
Dollars ($25,000), exclusive of interests and costs, attorney's fees pursuant to Section
4,04 of the Agreement, and such other relief as appropriate.
Respectfully submitted,
LATSHA DAVIS & YOHE, P.c.
By
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Kimber L. Latsha
Attorney J.D. No. 32934
Chadwick O. Bogar
Attorney J.D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
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Dated:
Il)![ol~n
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Attorneys for Plaintiff, Messiah Village
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1~06/2000 15:44 FAX 7177957690
MESSIAH VILLAGE
FROM ILRT$HR DRVIS & YDHR.p.e.
C:717;) 761-22_
1900. 10-e5
13:49 .183 P.e2/B2
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.VERIFICATIO:N'
The U1\clmigned h~by verifies that the statemerllS of fact in the foregoinl!;
document are true and Clmed: to the beet of my knowledge. infomlation and belief. I
understand that any .false statements therein are subject to the penalties contained in 18
Pa. c.. S. !i 4904,. relating to W1$Wom falsification k> authorities.
Oeted: l<J/'/c'J.l)UO
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GENERAL POWER OF AITORNEY
KNOW ALL MEN BY THESE PRESENTS, That I, LOITIE S. KOWALSKI, elf
,Harrisburg, Dauphin County, Pennsylvania, hereby revoke any gener",l
power of attorney that: I have heretofore given to any person and do
hereby appoint my son, MICHAEL F. KOWALSKI, (hereinafter "my
Attorney") as my true and lawful at:torney for me and on my behalf
to perform all such acts as my Attorney in my Attorney's absolute
discretion may deem advisable, as fully as I could do if personally
present.
POWER EFFECTIVE IMMEDIATELY.
This Power of Attorney shall not be affected by my subsequent
disability or incapacity.
GENERAL, GRANT OF BROAD POWERS
My Attorney is hereby given the fullest possible powers to ac:t
on my behalf: to transact business, make, execute and acknowledg.e
all agreements, contracts, . orders, deeds, writings, assurances and
inst:ruments for any matter, with the same powers and for all
purposes with the same validity as I could, if personally present.
SPECIFIC POWERS INCLUDED IN GENERAL POWER
Without limiting the general powers hereby already conferred"
my Attorney shall have the following specific powers which are
included in the foregoing general powers:
1. Bankinq and Financial Institutions, General FinanciaJ.
Powers.
(a) To deposit any funds received for me in my accountEI
in such bank or trust company or other depository as my
Attorney may select, either in my name or in my Attorney's:
name as attorney-in-fact.
(bl To withdraw from and to draw any check or other
draft against any moneys held for me at any bank, saving fund
or other place of deposit, whet:her such account was created by'
me or by my Attorney.
{cl To endorse notes, checks and other instruments which
may require my endorsement.
(d) To pay all debts now or hereafter incurred by me.
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(e) To borrow money and to mort.gage or pledge any
property, real or personal, now or hereafter owned by me as
security therefor and to satisfy of record any indentures of
mortgage now or hereafter st.anding in my name or acquired for
my account.
Cf) To have access to any safe deposit box standing :in
my name or in my Attorney's name for me, and to add to '~r
remove the contents of such box; provided, however, my
Attorney shall not use such box as a place in which to kel~o
any personal property of my Attorney. -
(g) Generally, to transact any and all business for me
with any bank, trust company or other depository.
2. Stocks. Bonds. Securities and Investments.
(a) To sell, exchange, pledge, assign, transfer and
deliver to any person, at my At.torney's discretion, all or atllY
part of any stocke, bonds, notes mortgages, interests in
partnerships or other securities, and any and all persona,l
property standing in my name or belonging to me, or over which
I may have any power or control. To make, execute and deliver
on my behalf all necessary deeds, assignments or transfers.
Cb) To register any or all of my securities in my
Attorney's name as attorney-in-fact for me.
(c) To vote my securities in person or by proxy.
Cd) To transact all business in relation to any stocks,
bonds, securities, or other propercy in the nature thereof: t,~
deposit the same under agreements of deposit; to participatl~
in any plan of lease, mortgage, merger, consolidation..
exchange, reorganization, recapitalization, liquidation"
receivership, or foreclosure with respect thereto; to exercise
any rights to subscribe to new issues thereof; and generall)(
to exercise all rights of management and ownership with
respect thereto_
(e) To invest in any form of property, all funds and
securities held or received for my account, keeping such cash
reserves as, in my Attorney's discretion, are necessary OJ:
desirable to meet conditions as they may exist from time tel
time. In the,exercise of this power, my Attorney may invest
in any variety of real and personal property as in m)'
Attorney's discretion appears to be prudent investments, and
my Attorney shall not be liable to me for any error ot:
judgment in the making or continuing of any investments.
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3. Real Estate.
(a) To sell, exchange, pledge, assign, transfer and
deliver to any person, at my Attorney's discretion, all or ,my
part of my real property, standing in my name or belonging to
me, or over which I have any power or control.
(b) To make, execute and deliver on my behalf all
necessary deeds, assignments or transfers,
(c) To operate real property, separately or jointly with
others.
(d) To lease for any term any real property and to vaLry
the terms, including rent payable, of any lease.
(e) To alter, repair, improve,
exchange, join in the partition of, or
respect to real property.
(f) To buy at judicial sale any property on which I ho,ld
a mortgage.
mortgage, divide,
give options with
4. Claims, Law Suits. Compromise and Miscellaneous Powers.
(a) To demand, sue for, levy, collect, and give proper
receipts for all sums of money or property now or which may
hereafter become due me from any source whatsoever, including
all estates or trusts, proceeds of insurance policies or other
property of any kind whatsoever,
(b) To join with other parties in the compromise or
settlement of any claims,
(c) To make, negotiate, si~ and perform any and all
agreements and contracts now ~n course of negotiation,
execution and settlement by me, or which may hereafter in the
opinion of my Attorney be to my interest or advantage; :1:0
effect, procure and continue insurance of any and every kind
and description; and with full power and authority to manage
any real and personal property and conduct my affai:t's
generally.
(d) To employ attorneys at law and such other agents,
employees or representatives as my Attorney may think proper,
and ,to pay any claims, fees, expenses, wages, demands l:lr
obligations for which I may now or hereafter become liable .
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5. Tax Matters.
To prepare, execute and file in my behalf and in my name any
and all income eax declarations and returns, and any other tax
returns and reports (including, but not limited to, proteses,
claims, elections, consents, closing agreements, waivers ,of
statutes of limitations and extensions), and to represent me hefore
the Internal Revenue Service or Treasury Department and any state
or local taxing auehority with respect to any claim or proceeding
having to do with my tax liabilities, federal, state or local, for
any kind and all years.
6. Power to Deleaate.
To substitute one or more attorney or aetorneys under rny
Attorney, to carry out any of the general or specific powers hereby
granted.
7. Soecific Authoritv to Purchase "Flower" Bonds.
To purchase Unieed States Treasury "flower'" bonds on my behalf
and to borrow money as provided above for the purchase of suc:h
bonds.
8. Specific Financial Powers Defined Bv Statute.
The following powers are granted pursuant to Chapter 56 of the
Pennsylvania Probate Estates and Fiduciaries Code as further
defined therein:
(a) To make limited gifts: My Attorney may make gifts
on my behalf to any donees and in such amount:s as my At:torney
may decide subject to the following:
(i) The class of permissible donees shall consist
solely of my spouse, my children, my grandchildren and my
great grandchildren (including my Attorney if my Attorney is
a member of such class).
(ii) During each calendar year the gifts to each
donee pursuant to this power shall have an aggregate value noe
in excess of Ten Thousand Dollars or such lesser (or greater)
amount as, and shall be made in such manner as, to qualify in
their entirety for my annual exclusion from the Federal gift
tax as provided in section 2503(b) of the Internal Revenue
Code of 1986, as amended, without regard to section 2513(a)
thereof (or any successor provision allowing gifts to be spli't
with a spouse),
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(hI To create a ~rus~ for my henefi~.
(cl To make additions to an existing trust for my benefit.
(dl To claim an elective share of the estate of my deceased
spouse.
(e) To disclaim any interest in property.
(fl To renounce fiduciary positions.
(g) To withdraw and receive the income or corpus of a trust.
9. Soecific Personal and Medical Powers Defined bv Statute.
The following powers are granted pursuant to Chapter 56 of the
Pennsylvania Probate, Estates and Fiduciaries Code. as further
defined therein:
(a) To authorize my admission to a medical, nursing.
residential or similar facility and to enter into agreements
for my care.
(b) To authorize medical and surgical procedures.
DURATION OF POWER. RELIEF FROM LIABILITY; REVOCATION.
1. This power shall not expire by reason of lapse of time.
:2 . I hereby ratify and confirm all that each Attorney actin!:l'
hereunder shall do or cause to be done under this General Power of
Attorney. I specifically direct that such Attorney shall not b'a
subject to any liability by reason of any of such Attorney'is
decisions. acts or failures to act, all of which shall b,a
conclusive and binding upon me, my personal representatives. heir,s
and assigns. Furthertllore, except in the case of malfeasance of
office, I agree to indemnify such Attorney, and hold such Attorney
harmless. from all claims that may be made against such Attorney a:s
a result of such Attorney's service hereunder and I hereby agree tc:>
reimburse such Attorney in the amount of the damages, costs and
expense that may be incurred as a result of any such claim.
3. This Power of Attorney shall be revoked by my giving tc:>
such' Attorney acting hereunder written notification of th,a
revocation, which notice shall not be considered binding unlesls
actually received.
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This Power of Attorney is executed in two counterparts, of
which this is counterpart No. One.
IN WITNESS WHEREOF, and intending to be legaJ.ly b04d, I have
hereunto set my hand and seal this j~ day of ~fb)'l~' ,19:98.
Signed,sealed and delivered
in the presence of:
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LOTTIE S. KOWALSKI
(SEIl.L)
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COMMO~....ALTH OF PENNSYLVANIA:
COUNTY OF D",u=,ll.J.J.'I C:.ljnrl~i2ft.An.'p
On the J,.)-n\ day of JAn\\~ ,1998, before me, a Not:ary
Public, personally appeared LO E S. KOWALSKI, known to me (or
satisfactorily proven) and in due fonn of law acknowledged the
foregoing Power of Attorney to be act and deed and desired that the
same might be recorded as such.
S5.
In Witness Whereof, I hereunto set my hand and official seal.
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Not J Public I /
COMMONWEALTH OF PENNSYLVANIA
. 55
COUNTY OF nll':wTIINCui1\1s~ftriD;
We bAl,J1I- ~ hk'Wt and 3-t~1 L. KENNfll~~,
the witnesses whose names are signed to the attached or foreg ing
instrument, being duly qualified according to law, do depose ,and
say that we were present and saw LOTTIE S. KOWALSKI sign ,and
execute the instrument as her Power of Attorney; that she signed
willingly and that she executed it as her free and voluntary ;ac:t
for the purposes therein expressed; that each of us in the hearing
and sight of LOTTIE S. KOWALSKI signed the Power of Attorney as
witnesses; and that to the best of our knowledge LOTTIE S.
KOWALSKI, was at the time eighteen or more years of age, of sound
mind and under no constraint or undue influence.
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to and s~bscribe~ to before me by
a d ~~~ 'KeflflGD7 witnesSles
V 1998.
(S:E:AL)
NOTARIAL SEAL
.. MARY L DEPPEN. N~PuIIIIc
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AGREEMENT
THIS AGREEMENT, made this / b 4 day of ,'" .A '(
,2000, by and
between MESSIAH HOME tj a MESSIAH VILLAGE, a Pennsylvania nonprofit
corporation (hereinafter referred to as "MESSIAH"), LOTTIE S. KOWALSKI, by her
Attorney-In-Fact, MICHAEL KOWALSKI, and MICHAEL KOWALSKI, individually.
WHEREAS, LOTTIE S. KOWALSKI is a resident at MESSIAH who has received
and continues to receive from MESSIAH personal care and other healthcare services;
WHEREAS, LOTTIE S. KOWALSKI is indebted to MESSIAH for certain services
previously received;
WHEREAS, MICHAEL KOWALSKI is the son of LOTTIE S. KOWALSKI and is
authorized and empowered to act on her behalf by virtue of Power of Attorney dated
J"Cl...."".,.y I 2;, I 'i'l'8 , a copy of which is attached to this Agreement as Exhibit" A";
WHEREAS, MICHAEL KOWALSKI is indebted to LOTTIE S. KOWALSKI for
certain funds loaned or advanced by LOTTIE S. KOWALSKI to MICHAEL KOWALSKI
(the "Loan"); and
WHEREAS, MICHAEL KOWALSKI has agreed to repay the Loan to MESSIAH
for the benefit of LOTTIE S. KOWALSKI by assignment to MESSIAH of certain
Accounts Receivable from his business.
NOW THEREFORE, in consideration of the services previously rendered by
MESSIAH to LOTTIE S. KOWALSKI and MESSIAH's continuing to render services to
LOTTIE S. KOWALSKI in accordance with a certain Messiah Village Personal Care
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Resident Admission Agreement dated August 24, 1998, the parties covenant and agree
as follows:
I. PATIENT ACCOUNT
1.01. Upon the execution of this Agreement, LOTTIE S. KOWALSKI, by and
through her Attorney-In-Fact, MICHAEL KOWALSKI, will designate MESSIAH as the
direct deposit recipient of all social security benefits, retirement benefits, annuity or
other recurring payments to which LOTTIE S. KOWALSKI is or may become entitled to
during her stay as a resident at facilities operated by MESSIAH.
1.02. MESSIAH will deposit all funds received for or on behalf of LOTTIE S.
KOWALSKI under this Agreement or otherwise into a designated patient account for
LOTTIE S. KOWALSKI (the "Patient Account") and shall apply funds from the Patient
Account to: (a) pay any outstanding balance then due, and thereafter on a periodic
basis to MESSIAH's invoices for services rendered to LOTTIE S. KOWALSKI; and (b)
pay any sums due or that may become due to MESSIAH under the terms of this
Agreement.
1.03. Should LOTTIE S. KOWALSKI die or leave the facilities operated by
MESSIAH, the balance of the Patient Account, after application of all amounts due
MESSIAH, shall be paid to her or her estate as the case may be.
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II. REPAYMENT OF LOAN
2.01. MICHAEL KOWALSKI shall pay all monies due to LOTTIE S.
KOWALSKI pursuant to the Loan in accordance with terms and conditions of this
Agreement.
2.02. LOTTIE S. KOWALSKI does hereby assign and transfer to MESSIAH all
her rights, title and interest in the Loan and the proceeds thereof, subject to the terms
and conditions of this Agreement. MICHAEL KOWALSKI hereby acknowledges and
consents to such assignment.
2.03 To secure the repayment of the Loan, MICHAEL KOWALSKI does hereby
assign and transfer to MESSIAH, as an agent for LOTTIE S. KOWALSKI, all of his right,
title, interest and privilege to those certain Accounts Receivable set forth on Exhibit "B"
attached hereto and made a part hereof (hereinafter referred to individually and
collectively as the "Accounts Receivable") which assignment shall be evidenced and
secured by the Security Agreement attached hereto as Exhibit "C" and filed UCC-l
statements attached hereto as Exhibit "D".
2.04. Within seventy-two (72) hours of MICHAEL KOWALSKI's receipt of any
funds representing full or partial payment of any of the Accounts Receivable,
MICHAEL KOWALSKI shall remit those funds to MESSIAH to be placed in the Patient
Account.
2.05, By the tenth day of each calendar month, MICHAEL KOWALSKI shall
provide to MESSIAH an aging collection status report for the Accounts Receivable as of
the end of the previous calendar month.
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2.06. MESSIAH upon three (3) days written notice shall have the right to
inspect MICHAEL KOWAlSKI's books and records with regard to the Accounts
Receivable and to seek a court accounting of the application of any proceeds of such
Accounts Receivable received by MICHAEL KOWAlSKI.
2.07. As a material inducement to MESSIAH to accept the assigrunent by
MICHAEL KOWAlSKI of the Accounts Receivable, MICHAEL KOWALSKI hereby
represents and warrants to MESSIAH that:
(a) he has the right to execute and deliver this Agreement and the assigrunent
of the Accounts Receivable;
(b) he has not executed any prior assigrunent of his rights to the Accounts
Receivable;
(c) the Accounts Receivable are valid receivables subject to no setoffs or
counteractions, are current and collectible, and will be collected In
accordance with their terms at their recorded amounts;
(d) that MICHAEL KOWALSKI will diligently attempt to collect all said
Accounts Receivable in the normal course of his business operation.
2.08. At its option, MESSIAH shall have the right to give written notice to any
of MICHAEL KOWALSKI's individual account debtors of the Accounts Receivable and
to demand direct payment from any individual account debtor of any Account
Receivable or portion thereof. Upon receipt of such written notice from MESSIAH, the
individual account debtor is authorized and directed to pay the outstanding balance of
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its Account(s) Receivable to MESSIAH. MESSIAH shall provide an accounting to
MICHAEL KOWALSKI of any directly collected proceeds of the Accounts Receivable.
2,09. MESSIAH shall have the right to prosecute any lawsuits in connection
with collection of the Accounts Receivable in its own name or in MICHAEL
KOWALSKI's name and to perform any other acts in connection with the Accounts
Receivable as MESSIAH in its discretion may deem appropriate for collection.
III. REAL ESTATE
3.01. In consideration of the services rendered by MESSIAH to LOTTIE S.
KOWALSKI and to secure the payment of its future services to LOTTIE S. KOWALSKI,
LOTTIE S. KOWALSKI does hereby grant to MESSIAH a lien on 5112 Penway Street,
Philadelphia, Philadelphia County, P A (hereinafter called the "Real Property") in the
face amount of Forty Thousand and 00/100 ($40,000.00) Dollars, pursuant to the Open-
End Mortgage attached hereto as Exhibit "E" .
3.02. LOTTIE S. KOWALSKI, through her attorney-in-fact, MICHAEL
KOWALSKI, covenants to use their best efforts to sell the Real Property upon
reasonable terms. Upon sale of the Real Property, the net proceeds after costs of sale,
settlement charges and satisfaction of all liens (including but not limited to the
mortgage to MESSIAH) shall be transferred to MESSIAH to be held by MESSIAH in the
Patient Account.
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IV. MISCELLANEOUS PROVISIONS
4.01 Nothing in this Agreement shall be deemed to amend or modify the
provisions of a certain Messiah Village Personal Care Resident Admission Agreement
dated August 24, 1998 by and between LOTTIE S. KOWALSKI and MESSIAH (the
"Resident Agreement"). LOTTIE S. KOWALSKI and MICHAEL KOWALSKI
acknowledge that MESSIAH retains all rights under the Resident Agreement, including
the right to discharge LOTTIE S. KOWALSKI in the event of a breach thereof. The
parties acknowledge that entering into this Agreement does not cure any existing or
continuing default for nonpayment under the Resident Agreement. LOTTIE S.
KOWALSKI and MICHAEL KOWALSKI acknowledge that such default shall be cured
only upon all outstanding amounts owed by LOTTIE S. KOWALSKI to MESSIAH being
paid in full.
4,02. MICHAEL KOWALSKI individually and as attorney-in-factjresponsible
person for LOTTIE S. KOWALSKI shall assist MESSIAH in the preparation, completion
and submission of all documentation necessary to obtain all rights, benefits, funds or
entitlements to which LOTTIE S. KOWALSKI is or may become entitled, including but
not limited to Medicare, Medicaid and Medical Assistance. If an application for
Medical Assistance is made, MICHAEL KOWALSKI individually and as attorney-in-
fact/responsible person for LOTTIE S. KOWALSKI shall arrange for the assignment to
MESSIAH of all Medical Assistance payments made on behalf of LOTTIE S.
KOWALSKI.
54659.1
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4.03. MICHAEL KOW ALSKl, on or before
MESSIAH an accounting of all assets of LOTTIE S. KOW ALSKl (to include all
dispositions or transfer of said assets and verification of all expenses paid on behalf of
LOTTIE S. KOWALSKI from said assets) which were set forth in the disclosure
statement submitted on behalf of LOTTIE S. KOW ALSKl upon her admission to
MESSIAH.
4.04. MICHAEL KOW ALSKl will pay reasonable attomeys fees incurred by
MESSIAH to the firm of Latsha Davis & Y ohe, P.c. in connection with its representation
of MESSIAH with regard to this Agreement.
4.05. MICHAEL KOWALSKI individually and LOTTIE S. KOW ALSKl by her
attomey-in-fact, MICHAEL KOW ALSKl, shall be jointly and severally liable for all
costs, expenses and reasonable attorney fees incurred by MESSIAH in connection with
(i) the collection of any Accounts Receivable assigned to MESSIAH under this
Agreement; (ii) any default under this Agreement; and (iii) any proceedings necessary
to enforce any of the terms of this Agreement.
4.06. If any provision hereof shall be held invalid, such invalidity shall not
perfect any other provision of this Agreement and the remaining provisions hereof shall
be construed and enforced as if such invalid provision had not been contained herein.
4.07. Each of the parties shall cooperate fully with the other in performing their
respective obligations to give effect to the transactions herein (including the
enforcement against the account debtors of the Accounts Receivable assigned by
MICHAEL KOW ALSKl to MESSIAH) and each party shall supply the other with such
54659,1
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additional information or documents as reasonably requested by any other parties as
well as the execution, acknowledgment, delivery, filing and recording of any
statements, certificates, memorandums or other instruments or documents necessary to
give effect to the transactions set forth herein, including collection of the Accounts
Receivable.
4.08. All notices required by this Agreement or service of process in connection
with any litigation necessitated to enforce the provisions of this Agreement shall be
sufficient if sent by certified mail, return receipt requested addressed to:
To: Messiah Village
100 Mount Allen Drive
P.O. Box 2015
Mechanicsburg, P A 17055-2015
To: Michael Kowalski
5971 Meade Court
Harrisburg, PA 17112
To: Lottie S. Kowalski
c/o Michael Kowalski, Attorney-In-Fact
5971 Meade Court
Harrisburg, PA 17112
4.09. This Agreement and each provision hereof shall be construed in
accordance with the laws of the Commonwealth of Pennsylvania and shall be binding
among the parties hereto and their respective successors and permitted assigns.
4.10. The parties hereby consent to the exclusive jurisdiction of the Court of
Common Pleas of either Cumberland County or Dauphin County, Pennsylvania,
and/ or the United States District Court of the Middle District of Pennsylvania in any
and all actions or proceedings arising under or pursuant to this Agreement and agree
54659.1
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that should any process be issued to enforce this Agreement, service of process by
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certified mail, return receipt requested to the party shall be sufficient service of process
in any proceeding to enforce this Agreement.
4.11. This Agreement constitutes the entire Agreement between the parties
hereto, and no promise, representation, agreement, condition or term not herein
expressed or set forth shall be deemed or permitted to vary, modify, or otherwise
change any of the provisions hereof unless made in writing after the date hereof and
signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereof set their hands and seals
the day and year first above written.
WITNESS:
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Michael Kowalski
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Lottie S. Kowalski, by
Michael Kowalski, her Attorney-In-Fact
ATTEST jWITNESS:
MESSIAH VILLAGE
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D. Finley, Vice President
54659.1
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MESSIAH VILLAGE,
Plaintiff
v.
No. 00-6956 Civil Term
MICHAEL KOWALSKI,
Defendant
CIVIL ACTION - IN LAW
FORM OF PRAECIPE TO PROTHONOTARY FOR
DEFAULT JUDGMENT
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff, Messiah Village, and against the
Defendant, Michael Kowalski, named above for want of an answer.
It is certified that written notice of intention to file this praecipe was mailed to
the Defendant, Michael Kowalski, against whom judgment is to be entered after the
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default occurred and at least 10 days prior to the date of the filing of this praecipe.
Respectfully submitted,
Latsha Davis & Yohe, P.c.
Dated:
/2. J 28' J c/IJ
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Kimber L. Latsha
Attorney J.D. No. 32934
Chadwick O. Bogar
Attorney I. D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Plaintiff, Messiah Village
Judgment entered and damages assessed as above.
Dated: 1/< 10 I
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Prothonotary
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first-class United States mail, postage prepaid, upon
the following:
Michael Kowalski
5971 Meade Court
Harrisburg, PA 17112
Dated: /01-/ bl9 j DD
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Deborah A. Peterson
Legal Secretary
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MESSIAH VILLAGE,
Plaintiff
v.
No. 00-6956 Civil Term
MICHAEL KOWALSKI,
Defendant
CNIL ACTION - IN LAW
TO: Michael Kowalski
5971 Meade Court
Harrisburg, PA 17112.
DATE OF NOTICE: December 13, 2000
IMPORT ANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WlTHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORT ANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
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Attorney J.D. No. 32934
Chadwick 0, Bogar, Esq.
Attorney J.D. No. 83755
Latsha Davis & Yohe, P.c.
P. O. Box 825
Harrisburg, P A 17108
(717) 761-1880
Attorneys for Plaintiff, Messiah Village
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MESSIAH VILLAGE,
Plaintiff
v.
No. 00-6956 Civil Term
MICHAEL KOWALSKI,
Defendant
CIVIL ACTION - IN LAW
JOINT PRAECIPE TO PROTHONOTARY FOR
ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Please assess damages in the above-referenced matter in the amount of
$73,949.03, plus any future attorney's fees and costs incurred by Messiah Village in
executing its default judgment.
Respecffully submitted,
~,tsha Dav. :p~ P.C.
B' ~?
.---0: Kimber L. Latsha
Attorney LD. No. 32934
Chadwick O.Bogar
Attorney L D. No. 83755
P. O. Box 825
Harrisburg, P A 17108-0825
(717) 761-1880
Cherewka & Radcliff, LLP
By:~~
Michael Cherewka
Attorney LD. No. 35073
624 North Front Street
Wormleysburg, PA 17043
(717) 232-4701
Attorneys for Plaintiff,
Messiah Village
Dated: A~../1 ~l .-::>1
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Attorneys for Defendant,
Michael Kowalski
Dated: +1 ZII UJol
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Judgment entered and damages assessed as above.
Dated:
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