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Home My WebLink About01-0433 FX SAIDIS SHUffi!!OWER &UNVSAY IUI~lAW 26W.HIgh_ Carlillle, PA -c',;;-' '< ',_,'c-" <-'",-'",';"','-;',,'. , ..;'".,';;i"; I'"~ ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff v. No.: 61-'1.33 C~ -r~ THE ESTATE OF MARGARET P. BESHORE and PHILIP A. BESHORE, Defendants Civil Action-In Law and 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 II , , "~~. ", 1- SAlOIS SIlllffi.~WER &Ul'luSAY l<fIOIlNI!WoAT,lAW 26 W. HIgh Stteel CarllBle, PA ,',' ,I' co, _<0"'" "~,,,~.' .-,,' -'" "-,~,-~,-~""",-,,,_, G'_~ """~t,,.I'''~,_~'':;,'1 ''W--,'' J'"".-','; ,;~'" ,""";.',,,->~i:.-,;"'~'o<'; ,j;>', \,,~;;n,~;,:;.,?/, , 1. -,,_,;,;;.-.;'~ c IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff v, No.: 01, tf33 ~ T~ ESTATE OF MARGARET P. BESHORE And PHILIP A. BESHORE, Defendants Civil Action-In Law, COMPLAINT AND NOW, COMES, Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center, by and through its attorneys, Saidis, Shuff, Flower & Lindsay, and files the within Complaint against Defendants, Estate of Margaret P. Beshore and Philip A. Beshore, and in support thereof provides as follows: 1. Plaintiff, County of Cumberland Claremont Nursing and Rehabilitation Center (hereinafter "Claremont"), is a county residential and long term nursing care to needy county residents, and who's offices are located at 375 Claremont Drive, Carlisle, Pennsylvania 17013. 2. Margaret P. Beshore (hereinafter "M. Beshore"), was an adult individual residing at 375 Claremont Drive, Carlisle, Pennsylvania 17013, who recently passed away. 3 . Defendant, Philip A. Beshore (hereinafter "P. Beshore"), is an adult individual currently residing at 4075 Ii Swatara Drive, Steelton, Pennsylvania 17113. ! 2 Ii SAlOIS SHUffi.~WER &LlNuSAY ATmIlNE\'IMl"UW :l6 W. High Street CarlIsle, PA --' ^ -~, '-\;' -,,~'.',"' ~,':--",; , ci~ ::;,::;, 4. P. Beshore is the son, attorney-in-fact, and person responsible for the financial affairs of M. Beshore. 5. On or about May 14, 1998, M. Beshore, through her attorney-in-fact, P. Beshore, made application for admission to Claremont's long-term nursing facility. A true and correct copy is attached hereto as Exhibit "A" and made a part hereof. 6. Claremont accepted M. Beshore as a resident on May 14, 1998, based upon the representations made by her attorney-in-fact, P. Beshore. 7. On May 14, 1998, Claremont and M. Beshore, through her attorney-in-fact, P. Beshore, entered into an Admission Agreement. A true and correct copy is attached hereto as Exhibit "B" and made a part hereof. 8. Pursuant to the Admission Agreement, Claremont agreed to provided M. Beshore with long-term nursing care in exchange for the payment of a specific monetary fee. 9. Pursuant to the Admission Agreement, M. Beshore agreed to make application for medical assistance when eligible for such assistance. 10. P. Beshore assumed. M. Beshore's duties to pay Claremont for the long-term nursing care services provided M. Beshore and to make application for medical assistance on her behalf . 3 II SAlOIS Slll.Jffi.~WER &LINuSAY ~'1AW 26W. High Street CarllsIe, PA . ,,-",. ~ 11. M. Beshore has failed to pay Claremont for the long-term nursing care services which she has received at Claremont's long-term care facility. 12. M. Beshore failed to make timely application for, or to complete the application process for, medical assistance when she became eligible for such assistance. 13. As a result of M. Beshore's foregoing failures, she is indebted to Claremont in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). 14. Claremont attempted on several occasions to contact M. Beshore's attorney-in-fact, P. Beshore, by telephone and ,I !I II :1 '( 'I , written correspondence concerning his mother's delinquent account with Claremont. 15. P. Beshore failed to respond to Claremont's correspondence directed to him concerning M. Beshore's overdue account. 16. P. Beshore has breached his fiduciary duties owed to M. Beshore, to which Claremont was a beneficial party, by failing to use her assets to pay for her care at Claremont. 17. Pursuant to the Power of Attorney, P. Beshore has a fiduciary duty to insure that M. Beshore's account with Claremont is kept current. A true and correct copy is attached hereto as Exhibit"" C. " 18. P. Beshore has failed to keep current M. Beshore's account with Claremont. 4 ,'~,- '''" ;, SAIDIS SHUffi.B:OWER &UNUSAY IUIUllNlll'lMJ',lAW 26 W. HIgh Street Carlisle, PA 1_, " '--'0'" ~,,{,,~~- .,~. .-- . -' > --$ ,-. -,",,--} ,,'- -'". :,~ ",C;"~".'; ~ "','"",;1.;;,: .;"~< ,>:~ --'<''''>'"','ic:''~'':',,> ',','';'-;j,'~,~,1 ;,;',,-;--~_,,::.': ,__ '", .4;'; :;'-iii;.0:;J>",--,;; ',' '",_,- :J-, ~,-T~_,/L~t, 19. Pursuant to the Power of Attorney, P. Beshore had a fiduciary duty to make timely application and complete on behalf of M. Beshore the application and provide the financial information necessary to qualify for medical assistance from the Pennsylvania Department of Public Welfare at a time when she had became eligible for such assistance. 20. P. Beshore failed to make timely application for, or to complete the application process for, medical assistance on I behalf of M. Beshore when she became eligible for such ,I I assistance. 21. Since the time of her admission to Claremont, M. Beshore's monthly income had been in excess of Two Thousand Dollars ($2,000.00), as determined by the Cumberland County Assistance Office. 22. Upon information and belief, from May 1998 through March 1999, p. Beshore had received M. Beshore's monthly Social Security and pension benefits. 23. Upon information and belief, from May 1998 through March 1999, P. Beshore transferred and disbursed M. Beshore's monthly Social Security and pension benefits outside of the scope of his fiduciary duty to M. Beshore. COUNT I BREACH OF CONTRACT Plaintiff. Claremont v. Defendant, Estate of Marqaret Beshore 24. Paragraphs 1 through 23 above are incorporated herein by reference as if fully set forth at length. 5 i Ii . "",,-, ,.' SAIDIS SHUffi.~WER &LlNuSAY M lUtlOOli!loAT.lAW 26 W. HIgh Stnet Cadls1e, PA " I, "0 .-,,,/ ',"' ',~ ,0"'';' '2--', ,,,,,>::~,:'_~,X_;-:<, _.,'-h"-'- "' '""-",-id~;,J'.;.;.j"", '_>~-'~M: .~,;,S, ",L.,"-:,;;;" ;,-";;"";;.,<",j&;;',:i;c~~\~;~,,~~,,i,~:;,,' > -_;,_J;'c-_'_:",i1~1 25. M. Beshore, through her attorney-in-fact, P. Beshore, entered into a written agreement with Claremont whereby Claremont agreed to accept M. Beshore as a resident at Claremont and to provide her with living accommodations, dietary services, medication/pharmacy services, and general nursing and medical care, and M. Beshore agreed to pay a specified sum to Claremont in exchange for these services. See Exhibi t "B." 26. From May 14,1998, to the present, ~laremont has provided long-term nursing care services to M. Beshore pursuant to the aforementioned Admission Agreement. See Exhibit "B." 27. From May 14,1998, to the present, M. Beshore has carried an overdue balance on her account with Claremont. 28. A balance in excess of Seventy Thousand Dollars ($70,000.00) is currently due and owing to Claremont for those long-term nursing care services provided to M. Beshore. 29. M. Beshore's failure to keep her account with Claremont current and to make timely application or to complete the application process constitute breaches of the Admission Agreement. 30. M. Beshore's breaches of the Admission Agreement have caused Claremont to incur damages in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, .demands judgment in its favor and 6 II SAlOIS SHUf!i!!OWER &LIl'\IuSAY ......."...IAW 26W. HIgh Street Carllsle,PA , ~, .;. '-', against Defendant, Estate of Margaret P. Beshore, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and such other relief as appropriate. COUNT II QUANTUM MERUIT Plaintiff. Claremont v. Defendants. Estate of Maraaret P. Beshore and Philip A. Beshore 31. Paragraphs 1 through 30 are incorporated herein by reference as if fully set forth at length. 32. Claremont has demanded payment for those long-term , nursing care services provided to M. Beshore, and M. Beshore " il II I I I I I , I , and P. Beshore have failed to pay Claremont the full amount thereof. 33. As a result of the nonpayment for the long-term nursing care and services received, M. Beshore and P. Beshore have both been unjustly enriched and enhanced by the receipt of care and services in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). 34. Claremont is entitled to receive payment in full for the reasonable value of the long-term nursing care and services provided to M. Beshore and P. Beshore. WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, demands judgment in its favor and against Defendants, Estate of Margaret P. Beshore and Philip A. Beshore, in an amount in excess of Twenty-Five Thousand Dollars 7 Ii SAIDIS SHUffi.f!OWER &LII'luSAY ATInIINIlYS.U'.1.AW 26 W. HIgh Stnet Carlisle, PA "-.<0"'." ~.~.~'~ --,<;'f'C >', ,,~, '0..,., ",-,,,~_-,,,,/ , - '~3i'"',: --'--",'-',',"<,-~',:,,,;:"-.,,;, C;\:;j ($25,000.00), exclusive of interest and costs, and such other relief as appropriate. COUNT III BREACH OF FIDUCIARY DUTY Plaintiff. Claremont v. Defendant. Philip A. Beshore 35. Paragraphs 1 through 34 are incorporated herein by reference as if fully set forth at length. 36. P. Beshore, at all material times to this cause of action, represented himself to be M, Beshore's attorney-in-fact and person responsible for her financial affairs. See Exhibit lIe.11 37. P. Beshore, at all material time to this cause of action, acted as M. Beshore's attorney-in-fact and person responsible for her financial affairs in dealing with Claremont. See Exhibit "C." 38. AsM. Beshore's attorney-in-fact and responsible person, P. Beshore has a fiduciary duty to insure that M. Beshore's account with Claremont is kept current. 39. As a result of the failure to keep M. Beshore's account with Claremont current, M. Beshore was exposed to the risk of Claremont issuing a notice to evict. 40. P. Beshore has breached his fiduciary duties to M. Beshore and Claremont by failing to keep her account current with Claremont and by failing to make timely application or 8 II < , ~.' " ~ SAlOIS SHUffi. !!OWER &LlNuSAY """""'''"'''''' 26 W. HIgh Street Carlisle, PA ,I _" - ~, - , ,,,. ' ."C._," ~' '... -. ~" .. ~ _',~ ,-" "~--,V':"",",'>';';",;i"';' ":"',1,:,,, k,"~"<.a":; ,) .~,-"-' -';'-';"':0<';;1,,,,,' "lb. --I."" ,;...-,,',-t::'-' "'''''_ ,,'" '-",,__" ;;:j -'-:~ ,~;.,,;~ complete the application process for medical assistance when she became eligible. 41. As a result of P. Beshore's breaches of his fiduciary duties owed to M. Beshore, Claremont has incurred damages in excess of Twenty-Five Thousand Dollars ($25,000.00). WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, demands judgment in its favor and against Defendant, Philip A. Beshore, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and such other relief as appropriate. COUNT IV CONVERSION Plaintiff, Claremont v. Defendant, Philip A. Beshore 42. Paragraphs 1 through 41 are incorporated herein by reference as if fully set forth at length. 43. Upon information and belief, from May 1998 through March 1999, P. Beshore converted and deprived M. Beshore and Claremont of their right in, use and/or possession of the aforementioned property, including, but not limited to, social Security and pension benefits. 44. Upon information and belief, P. Beshore's deprivation and conversion of M. Beshore and Claremonts's right in, use and/or possession of the aforementioned property has been without consent or lawful justification. 9 II " SAlOIS SHUffi.t!OWER & Ul'IuSAY .<rmIlIlEW<AT.L\W 26 W. High Street Carlisle, PA _ , , ~ ,,""'~ ""*~ ,~ ~,--- .-~ - ,~' c~, ,.;-, -o-r','" ~""."- ,=- <",' ,,,,,, "-'-~. 1<.b"",';",.;iA"'~,~~.J" ",.~,;,,,,,, ,>".,,'-_ --"''-1">'_'' ,_~;;i'_s-".~"",,:,,,-",~,,,<;.:',;.,o*/,,.>,,, . ,'_~~. :"0'_"'-" :~,..';;.".,ti., 45. As a result of the foregoing actions of P. Beshore, Claremont has incurred damages in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, demands judgment in its favor and against Defendant, Philip A. Beshore, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and such other relief as appropriate. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: ,./7.01 By ~ c/df~ Joseph L. Hitchings, Esqulre Attorney I.D. No. 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff I I I I I I 10 ,MAR, "2 !~AD(~~I~2;~it ~t ~'O CNRC I' I CApECDRDS TEL ,-- 14D 19'4 I'" -...- .:.DZ'...RL SUloiL1!:_t-iL ' .. J r-: '(bcl:.':-c:::: , Cl~emonl Nursing and Rehabllib.l:ion Cenler / ' .f C_b.,JUlJ CQIUlIu S1S l't4UlllJ1It PIllIlr. CIIIJl-ifh. 'A l1DU ~'~. ... " ," - p, 008 '-'~~""'.c:J:' (1111 f41-USI F~" /7171 240.1934 ~L ,-:::;---- Barry \II( l'arlu, 0, Eel., II1,K,J\. Nbnt"/II1DIQr ~ . APPLICANt (1tlI.L IIAKll) m~~ ~ c..~J ~L.Ll i~l;!.. ~'C.~~Qt:=- ~ER&N~Nt ADO~S*~~\~~L\~~~~~~~, n1l3. T~LEPHONE 1:2.1 7- 5c..4-7n~C'\ SOCIAL SICllB.tT'l ".;...../~S<U.,- S39~ d( BIRTli OAT! 0(",- Ob- Dlf- oK BELIGIOIL,.b~~iS !Wl.ITAL STA'rUS w.,.l......, SPOUSE 1WIB. ~....\.l.-~ I . $ ~.s.tIn.r- C::>~"'~e.cl) IS Al'FLICANT 'A 1ll4l'l:llD STATU ClUZiK1 'if's. ;US - v4- PRIMARY FAMJ.LY CONTACT PEUON: rCA. ?h:~,~;\.... p.., 'RE;.~~ ~) NlIIIle llnd l~an.111p -L ' " e lfo15 ';..~w~Q.f),. ~~\J" O'o"O\;N._~ Alidreu .;'" ' S~CONDARY CONTACT PERSON, -OF-AorTOlUlEY1@ ytS- t?lJSIU'i::r/)(S"l7lttdi,); 7 (7-- 5,.i; la~o ... ' . plume " Ill!3 ~sr-...rwo..(! ~ War Telal'ho ~ D y't.5-tlmwrr/){ft mlu.J,.,I1~ 5'k- g4-1~ Same Telepbone" ':)t., b- Work 'h:l.ep ana II Name and RelatiQn.hip J. ~ AddulIlI DOES A.P:E'LICAN'l' BAVE A LEGAL Dtm.ABL! 1'0 '".?~'I\'I ,\ ~ NAlIle and dac10tlship ~ 4--015 ~~~~M \,~~'4e. ~~\~~ Address .I . \lfl], 717 - SC,4--1 D'p;:) Talephone TYPE OF NURSING BOKE ADMISSION ANTICIl'ATEO: LONG 'ltRH, CAU SB.Ol"r "rEIUl IlEIWl rs .f.PPltcANt FlOSl'ITALIZEP HOW7 '(;:::...... ADMISSION llATIi: ~ . ~ ~ 000""'.... :::~~~AN ~c~~: ~~, ~~ TELE?1tONt f \"1,0 \ W. c..c..c..R...3 0.-' --( :'3;'-111:1\ .tf'xh;brt\~lj - ~ ' M'AR.-2'r OO_~~IOJi) 15:30 . AlPJ.ICATlC/l PAGI 2 CNRC ~--'CAL RECORDS '<,' . [ I . "" L. '>"\ ,';,~' --- -,;.,." "----'--d TEL", 240 1934 { p, 009 \ LIST O'l'l:lEB. ~OSPITAI. AND mSIIC; HOIfIS};T 60 DAYS: f{\;....i- q J \ ~ tt ~ --k:. Cor... '" r-e. t-\ ~('2.Q \S:. ~u.":j '-~""~ l-\ ~\., DOES APPLICANT HAVE A RISTORY 01 l!JN'I:AI. RE.ALTH TIW.mNT? A\o. BEAI.1Ii tNSIlJANC! POl.ICY IMIBElS: pl. II I}.;. 15 MEDICAl! \bc::)'-'1,",-c),,\~~ pt tJ bP./.~f~IUl -r..J;~ MEDICAID ~/K.. Bt.llB 1!1!lJl J..AII,2 ~ ?j1A..- PACE OTHX~ U~~...~.~ ~u~a(D ok l.ONG TlaK CAR! INSU1A.HC! ~\ Q ~ =loJlllrlltnj YIlo",jA ,4'hzA.. '7lA.. FINANCI.\L STA'l'US: ~rfJ.H /333 .~Cl d/r~t.tcl~.,., 1- IXis lllf'rI/ 6frJ t"I~.~.t3 - 'f~.'i!o SOCtAL S2CtTllIT'l~:er /,;J.9(), - oK l'iNSIDN J l'.\ cNoi ANNlJITY INCOMJ ,~ DomER . ~ 1::1 ~~ ASSETS: 10,"" aaest!l!.lld dt(JaJ/f #1593/1 . . """"" "c~;.-- A'I~::;7.>';' ~.r{,n.I,'llinP~_' ~~ W't1!X- /5.00:t SAVING ACCOUNT-BANK V"' /lh_ Of_ _ -It{h,t 'I IJlllim AMOtnlT ,$ ~ flPjJfVX. ~~'Oo 1:. CER'rIFICAU or DEPOSI'r:BANl M ",,,:,. "" AMOUNT' cp I 1.IFE INStl1WlCIl-C:OMPAN'l ;' !:I1.l.'. FACE ~OUNr .' I\.l Q~ e.. R!.AL ES'U.TE-I.OCA'r10N .\ oo.i-~_ NAME ON DEW '" \ ~ VAI.tll .- HAVE !!!!! ABS~tS BiEN T1WlSPlil.UD DURING 'IRE P,\S'r 3. rEARS? 1.i:S'l' ASSET AND DAtE OF !'RANSiER. _ ' J/o Jttoh't~h1'Ud ......... ""'''': -:;l.i~:;rt~l\;:,; 'b""-;;~-~""~ Ik..:,~~ ,Po. k,...CJ.~~,,,:hi).... ~(X..l~_-1: ~_~~l_"-"'\ \"1\. ~~s .7-7Q5 C~ S4-s-~al Ad.duse talllphone I W A1W.NGE1'I!NtS Pp.f.-l'A1.TH~fE~ tlf?,{){) (i) {Je-!J1(lftO!1 Sot!/tfJ Please in~l~de copies of &Pproprlatl cards (80c1al Security. Medicare, atc,). PleaslI add any additional Bhaata of papa: U8eded co explain 1ns~rancl information. ... I. L. r,,_,_,j, , MAR, - 27'00 (MaN) 15 28 > ,~, ~," CNRC Mf~~AL RECORDS TEL 7!7 -'-\0 1934 P 003 Claremonl Nursing and RehabilaaHon Cenler . Dr Counl",rl"",1 (onnhl Barry W. Parka. D.Ei:l.. N.H.A.. ",amm;stralor ADMISSION AGREEMENT ':::COFCOUNTY ~Iit~~~ COMMISSIONERS e iden N'ame f'lancy A. a,,&ch O'tRJrJ11,Qrt Earl p., ~.II.r V/r=e eM/mail "".....1-"'1"''' Se._", John s. Ward Chi.fa.rA pennls fl, Marlon count)' AdmlnjSrraror Hora.. ^' JOhnson $alicicor As part Of.admission to Claremont Nursing and Rehabilitation Center, the Res~d~t and the ResponsiQle Party assisting the resident acknowledge and agree to the fallowing; 1. If Claremont Nursing and RehqbUi t.ation Center del:ermines that the Resident is liCIt appropriate or does not qwalify for nursing home care, the Resideljt will dis~e frem Claremont. Nursing and RehaQilitation ~nter fOlloWing a 30 day notification of the need to maKe alternate liVing arrangemmts. : , 2. If the ~esident cannot qualify for coverage \lllder the Medical Ass1stance or Medicare prograJllS, t.he Resident will pay daily rate for care at the nursing facility. 3. The Responsible Party (guarantor) assures that the Resident's biU will be pai4 from the Resident's assets/funds. If the Resident does not have personal funds or when personal funds are eXhaus'ted. the RespOnsible Party will maJce application to medical 'AssistRnce on behalf of the Resident.. If the Resident does not qualify for Medical Assistance funding, the Responsible Party will arrange diScharge for the Resident if the bill is not paid in a timely matter. 4. Unless ptherwise provided for or designated, the Resident appoints the "Administrator of Claremont Nursing and Rehabilitation center the Resident's laWful attorney, to ask, demand, sue for, collect, recover and receive all sums of money, debts, accounts, legacies, dues, bequests or any iother sums which are now or shall hereafter become due, owing, payable qr belonging to the Resident; draw checks or drafts upon and withdraw funds from any a=unts or deposits in which the Resident has any interesli; sell, grant and convey the Resident's property, real and personal, for such price as the iittorney-in-fact deems best and to do all acts to do all acts to carry out these powers and to turn over ny money so collected or received to the Csnter to be held in trust for payment of t.he Resident's past or future maintenance. So long as there is any SUlll of money due the Center from the Resident, the power her2!n granted shall not be subject to revocation; nor shall this power be affected by the Resident's disability or incapacity, physical or mental. 5. The Resident authorizes Claremont Nursing and Rehabilitation center to release lnton~nti~n conoerning their assets. real or personal, to the Cumberland County DOard of Assistance. . J75l))'~o~r~Carl1.le, PA 1701~.BB05. 717,243.2031,or 717.700.,518. Fax ~;V/t: ~hlb+ 1'12)' continued.. . 717.~40.1C)52 ~.~ ,I ',' '''"~:,! 'MAR, -2'7' OO(MON) ,15:29 . GNRG "r'lj GAL REGaRDS TEL'-"17 240 1934 p, 004 Page 2 Mmission ~eement 6. If the resident is l:eina covered by t.he Medioal Assist.ance Program, the ResiClent. and Responsi1:lle Party recognize that all incone the Resident receiws during the Il\Qnth of aclmission, must be paid to the Claremont Nursing and Rehabilitation Center, regardless of the day of admission, unless waived by the CUmberland Count)' Board of Assistance. The Resident and Reeponsil:lle Party acJawwledge that all future il1CClle received by the Resident, while oovered under the Medical Assist.ance Program, must be paid to Claremont Nursina and Rehabi11t:ation Center. Income not applied to chargee for care will be placed in the Resident guest Fund or refund:ed. . ~"""J) (~Cl ~ sident. ure or ~dMlMtJ '06./~-9~ Date ~t~ ~J).~) ponsib Part; Signature ' 05. /f. tl~ Date /tI~ ~ ~ 6./r.J4( a "'''>M'''-''~ ,~ >>, ^ "I "";'~ MAR,-i7'00(MONlIS29' CNRC MEr~~AL RECORDS TEL:7l7 lAD 19j4 PODS C[iU'emonl Nursing iUlJ RehabdUaHon Cenlel' , 01 C.,m~al...J (aun!" Barry W. Parks.D.Ed.. C.N.H.A. Adftlln~U'Cltor BOAl1D OF CDum COr.l1lll5S10NllP.S RE:S1DEllt NAME: RIlSIDENt NlOOIER: MED1CAU J!IllMJlER: Margaret Beshore 3400 165-26-S399A Nilncy' "- 8d:ft Chair.... StATl!:Ml!NT OF AGREEMENT WI f\. lUlU., We!' ""i"..., Marcia t. M,.r. SUl'lfl'1 I. I hereby sutllorbe the Claremont Nursbg and Rehabllitstion Center of Cumberland County to provide medical and nursing eervices tD ms. I further authorize the physician in charge of my care to administer any treatment or treatments that the physician may deem necessary or advisable for my cate. John S. Ward r:in"j 0..1 ~h:nni:l 1\. MartOR eounl)' M.,i.ulrdIll' II. I hereby release, remise, and discharge the Governing body, Claremollt Nursing and Rehabllit:ation Center of Cumberbnd County, its agents and employeee of responsibility for the loas or damage to any money. j ewell;~. glasses, dentures. documents and all other articles retained in my possesaion. HarJ.CI: A. IolulSon 5tJtl"tar III. I hereby designate and transfer responsibility for my financial affairs to the Administrator of Claremont'Nursing and Rshabilit- ation Center of Cumberland County. It is undsrstood that all fin- ancial tunsactione _ds on my behalf will conform to applicabb state and federal regulations regarding resident funds. An account- ing,9f all finaneial transa~tions made ou my behalf will be avail- able to me at least quarterly. 1'1. I acknowledge that I have been made fully aware of thl! Resident Rights both in discussion and by receiving a copy for my own use. v. I acknowledge that I have been made fully aware of the Resident Responsibilities both in discussion and by receiving a copy for my own use. , ,-#' ..:.."r' ,.I'. ,,' . :,'.t: 'hR~~R~l ~07 - - II .. -, ,:'rORO O~OQ ')_1'-199" .\ . ~ . , T ... ~ 1': ~" ,;.. ~ ~ ... i~ - " I . ,,, .. " ',' I. - t-' <; (j l, m CI;RC . 31S Claremont Drive. carlisi., P^ 170\3.BS05 . 717.H3.20JI or 117.766.15\8 · Fax: 71'/.240.\QS2 j _=, J. '.il . ,~,. ,l ~,~ -"",,,,liU<<, MAR, . 17' 00 IMON) 15 29 . CNRC MF~~AL REGORDS TEL:717~~0 1934 P 006 STATEMENT of AGREEMENT Pag" 2 VI. I do authorize the ~al.all of tha follOwing info~tion to volunt.e~. or organizations providing aarvica to tha Claremont Nuraing and Rehabtlitation Can tar of Cumberland Dounty; Raligion, Vlteran Status, Birth, data, RIsponsibla ~ Person. . VII. A photocopy of this document sball have the saml force. power and effact a8 the original. ~ uardian or Respousible tionship) ~\~,\~1~ Date. ..,t) -Ifff Date CJ4t ~(St'J WttueBB Date ACCEl'TAl'ICB OJ ADMINISTRATOR r--/f-fr ""U~~_ Adm1ll1st:rator affa:l.rs . The Adminietrator hereby accepte re8poneibility for ( Date I. Authorization of Medical Trsabaent II. lelsass from Reeponsibility for ValuablaB Designation of Administrator as III. {"le for I!1nancial Affain R8epone ,p IV. Resident Rights V. Resident RespoasibilitieB- VI. Releaes of Information VII. Authorizatiou of Photocopy ... " .. :.,.- , 1 -to. , ,-o"R=l ~~ S'iOR;:.~ :""""~.,, 10, ";'OilD 04CQ n . - r . ~,;_>.:,!",!T:r\ .;. .':" ,_~-'9C,.; .. .'" " CI\RC 407 5- 1 4-1'i93 l ~ ~" --=-~ MAR -27' OO(MON) -15:29 ~ Th """ .i i , -<1 CNRC w-' CAL RECORDS TEL:7" 240 1934 P OOi A..;uo.1D RZ4IJ.Il4 I ..) ~ ''-'' .,r LIMITED POWER OF ATTORNEY (With Durobl. I'rovlslon) or T04J.LPE1ISDN.,""il."....,I~"I, "f'I\l>..~R.:C.T-"'? ~=':'\~II.C .. G,,,..,,, ria h....." mok. ~d""IIl 'lJi!!<"""'''' 'PF1f", Pf"'F.r..'!!IIEI' ,. ~ \\; b p..., ~ s.t\~E or 'to"1s.~1'o''''1lJ>.~. ~"""e\""'~ 'y"" nil'!. , ' and IIppolnl ond l:onllllUlc .P1d '",IIvlllus1 05 my IHomey-ln-ratl. ;J My nlmed IIhCl~-ln.'lcf Ihall hBVI!. f'ull pDVlllf 11I'I11 DUlhorllY tourmnakc,l:CItnmif Dnd perfOl'lh only the! fClllO\lllnlldl ~~-;:.f.f:~i:-;.:r~..~:-;y-thAr..- Th., aulhQrlty '''''Ied" .hlilllnctuda .uet1lncldent81 am BlllRll1lDlClDlbly rmqul~ urncee"lty lD tll1y our and pclform 1110 """.tne lutb.rlll.. IIld dull.. omled or e......pllll<ll bCJCl.. 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'iI'S. il~l I, a _lJftj~~II.'lUllldl\ll""""~;I;:-i.Zi~';;;:~~i.~::'~ "1"~I~.o.nIllI111"'Brlrp~~!~~':"~:~~"::'::I"OIIIIltI'aru""'" 11Il1ftllmItte01Ft'*',' "... .:a~;toN'~'''''''';;i;: SJiAl'LI(,/Im ,.... --, _ &;j),j 5f!K.~ (',f() ~~ ,~8' 9b I , ,1)/ 'dtAl/'btl/ "NO .6hl/X-) "C/' ! SAIDlS SHUffi.!!OWER &~uSAY ATIt1lINE\'!WJ.lAW 26 W. HIgh Street Carlisle, PA ~ - ~- -'Ie', " "'"",, ,- , VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. 3 4904, relating to unsworn falsification to authorities. Dated: /-1/-0/ ~~~~~~/~ " .. Barry W. Parks, Claremont Nursing and Rehabilitation Center of Cumberland County 11 il II JAN 1 2 2001 o ~ "1:~ttl tI.ifT1. ~~ &5J.:,~ '.' -<.~ _L... r j......, <~ J>.) Zt:, :Pc:: ~ % r~ "- ...~_ c ~1iI ~r Q, o -n < :=-" ...... ~I ~~Il'. N: -:;j i~ (.) 1. :'.:i~~ ~1__" o 'n '7>0 o,nl c-l 1) -< -d. .'i :J::: I W ~{ ~ "- ..... , \ 0- C (9) ~ j ~ , ~ ~ '!l ~ l.- C)I H; ",-","",,",,",,,,.-,,~-=,~. ~~ ~ '--""""" , L~ I_~ L illiiolol&h:, ,J,. \. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00433 P ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY OF ET AL VS BESHORE MARGARET P ESTATE OF E R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: BESHORE PHILIP A but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN COUNTY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 2nd, 2001 , this office was in receipt of the attached return from DAUPHIN COUNTY Sheriff's Costs: Docketing Out of County Surcharge DAUPHIN COUNTY 18.00 9.00 10.00 26.75 .00 63.75 02/02/2001 SAIDIS SHUFF :~~ R. -fhomas Kline Sheriff of Cumberland County FLOWER LINDSEY Sworn and subscribed to before me this s"=-- day of U.>. "I ~; AD. ( ~O.~ h Prothonotary / ~ -- " . ~, , "'" iIlIlk',t: -# m The Court of Common Pleas of Cumberland County, Pennsylvania County of Cumberland, et. al. Estate of Marga~t P.. Beshore, et. al. Serve: Philip A. Beshore No. 01-433 Civil Now, 1/23/01 , 20 "(j , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize tl1e Sheriff of Dauphin County to execute this Writ, tl1is deputation being made at tl1e request and risk of the Plaintiff. . . ~~~-t:~t Sheriff ofCurnberland County, P A Affidavit of Service Now, ,20_, at 0' clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof. So 1mswers, Sberiff of County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE AFFIDA VIT $ $ ~,"_. --0< . I "....,..'0"!Jii~;" . ~ @ffite of tlp~ ~1r:eriff William T Tully Solicitor Ralph G, McAllister Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W, Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 171 0 I ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania COUNTY OF CUMBERLAND CLAREMONT NURSING vs County of Dauphin BESHORE PHILIP A Sheriff's Return No.0226-T - -2001 OTHER COUNTY NO. 01-433 AND NOW: January 30, 2001 at 8:30AM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon BESHORE PHILIP A by personally handing to HIM 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 4075 SWATARA DRIVE STEELTON, PA 17113-0000 Sworn and subscribed to So Answers, JR~ me thiS. 31ST day OT\NUARY, 2001 , t-. l fJa,Ww) before PROTHONOTARY Sheriff of Dauphin County, Pa. ,y~~~ Sheriff's Costs: $26.75 PD 01/26/2001 RCPT NO 145685 NMILLER ". ---. . ,-,',. < "^,"~ ,,-". ." ,-- , r . ~ COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff : IN TIIE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-433 CIVIL 1ERM v. TIIE ESTA1E OF MARGARET P. BESHORE and PHILLIP A. BESHORE, Defendants : CIVIL ACTION - LAW ENTRY OF APPEARANCE TO TIIE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Defendant, Phillip A. Beshore, with respect to the above-captioned matter. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP Dated: February 20, 2001 By: JARAD W. HANDELMAN, ESQUIRE Attorney I.D. #82629 P.O, Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorney for Defendant, Phillip A. Beshore CERTIFICATE OF SERVICE I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Entry of Appearance upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 20th day of February 2001. SERVED UPON: Joseph L. Hitchings, Esquire 26 West High Street Carlisle, PA 17013 ~ JARAD W. HANDELMAN, UIRE JAMES, SMITH, DURKIN & CONNELLY, LLP , . ~ 5i ~ ~ :< ill ~ 0 t""' ~ ~ ~ '" ~ 0 .., ~ I< ~ ~ Rio '" n ~ I ~ , , .r:;: 'TIt. _..- b .." r--'--, .." r:-j 1,.-' .-" .r'o,_ I"',) ..- ~- I., ~.:~~' C"l 1 -. , , ~-_-~ (, ..~J " "l. 7-~ ( j." ~:_~ ." :,,) -<' :'-' Lr; ,-,-,~ ' I ,~ " .-"-' ", . ~" !", -J - .- ",',J_', ,;"'~ ' '",,'-),"; ct.; , , . COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-433 CIVIL TERM v. THE ESTATE OF MARGARET P. BESHORE and PHILLIP A. BESHORE, Defendants : CIVIL ACTION - LAW NOTICE TO PLEAD To: Plaintiff, Claremont Nursing and Rehabilitation Center, and their attorney, Joseph L. Hitchings, Esquire YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Dated: Febmary 20,2001 By: JAMES, SMITH, DURKIN & CONNELLY, LLP <-~~ JARAD W. ~ELMAN, ESQUIRE AttorneyI.D.#82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorney for Defendant, Phillip A. Beshore <-, . '~ 'I"" 1-",,, I, . " l- ;, ,- ',",-. ,;j~_},_::,>,i.:-,;;'>:>c';;' : '>,',;,-,' ~i f t. , COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-433 CIVIL TERM v, THE ESTATE OF MARGARET P. BESHORE and PHILLIP A. BESHORE, Defendants : CIVIL ACTION - LAW DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, come the Defendant, PHILLIP A. BESHORE, by and through his attorneys, James, Smith, Durkin & Connelly, LLP, and preliminarily objects to Plaintiffs Complaint in the nature of a demurrer to Counts III and IV thereof pursuant to Pa.R.C.P. 1028(a)(4). In support thereof, Defendant respectfully submits as follows: 1. Beginning on May 14, 1998, Margaret P. Beshore (hereinafter "Decedent"), named in this action as Defendant, The Estate of Margaret P. Beshore, was a resident of the Claremont Nursing and Rehabilitation Center (hereinafter "Plaintiff Nursing Center"). 2, Long before her residency at the Plaintiff Nursing Center, on February 9, 1996, Decedent executed a Limited Power of Attorney (with durable provision) (hereinafter the "Limited Power of Attorney") granting her son, Defendant Phillip A. Beshore (hereinafter "Mr. Beshore") a limited power of attorney and appointing him her attorney-in-fact. See Exhibit "c" attached to Plaintiff Nursing Center's Complaint. . '-..;' , i"" " I, , ~'-_, ," --' _ f. """ '; '~'; '-~' ':~ { , 3. The Limited Power of Attorney authorized Mr. Beshore to perform any and all acts and deeds on his mother's behalf. See Exhibit"C" attached to Plaintiff Nursing Center's Complaint. 4. Prior to and during her residency at the Plaintiff Nursing Center, Decedent received certain Social Security and pension benefits which Mr. Beshore, as Decedent's authorized attorney-in" fact, retained on her behalf. 5. The Limited Power of Attorney executed by Decedent in favor of Mr. Beshore in 1996 was in no way altered or affected by any agreement executed by Mr. Beshore with the Plaintiff Nursing Center on Decedent's behalf. 6. Plaintiff Nursing Center filed the Complaint against the above-captioned Defendants on or about January 23,2001 and effected proper service of the Complaint on Mr. Beshore on January 30, 2001. A true and correct copy of the Plaintiff s Complaint is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full. PRELIMINARY OBJECTION TO COUNT ill OF PLAINTIFF'S COMPLAINT IN THE NATURE OF A DEMURRER FOR LEGAL INSUFFICIENCY OF PLEADING AND FOR LACK OF CAPACITY TO SUE Defendant, Phillip A. Beshore, by his undersigned attorney, preliminarily objects in the nature of a demurrer to Count ill of Plaintiffs Complaint pursuant to Pa. R.C.P. 1028(a)(4) and Pa. R.C.P. 1028(a)(5) as follows: 7. The averments of paragraphs one (1) through six (6) are incorporated herein by reference as if set forth in full. ,,' "", L, ~ ,o,c. 1-",,", ,I l, ;. , . "':0 ~.- '" _, , "~ -\"j , 8. Count III of Plaintiff s Complaint purports to assert a cause of action against Mr. Beshore for breach of fiduciary duty. 9. Specifically, Count III of Plaintiff s Complaint alleges that Mr. Beshore "has a fiduciary duty to insure that M. Beshore's account with [Plaintiff Nursing Center] is kept current." Plaintiff's Complaint, '1138. 10. The origin of Mr. Beshore's fiduciary duty according to Plaintiffs Complaint is the Limited Power of Attorney executed by Decedent in favor of Mr. Beshore in February 1996. Plaintiffs Complaint, 'Il'Il36-37. 11. Plaintiff s Complaint alleges that the fiduciary duty imposed upon Mr. Beshore by the Limited Power of Attorney executed by Decedent extends to the Plaintiff Nursing Center. Plaintiffs Complaint, '1140. 12. The Plaintiff Nursing Center was not a party to the Limited Power of Attorney executed by Decedent in favor of Mr. Beshore 13. Any fiduciary duty created by the Limited Power of Attorney extends only to Decedent. 14. Mr. Beshore owed no fiduciary duty, nor was any such duty created by the Limited Power of Attorney, with respect to the Plaintiff Nursing Center. 15. The Plaintiff Nursing Center lacks standing to bring an action on Decedent's behalf against Mr, Beshore, or to otherwise enforce the rights of Decedent pursuant to the Limited Power of Attorney. 16. The Plaintiff Nursing Center lacks the capacity to sue Mr. Beshore for the breach of any alleged fiduciary duty, the existence of any such duty enforceable by the Plaintiff being specifically denied. , ' 1" ': .J '.... " ~, ,_ -~_"_d-~" 'c' '; -."= -" -/"'~ . 17. Plaintiffs Complaint fails to state a cause of action for breach of fiduciary duty against Mr. Beshore. WHEREFORE, Defendant, Phillip A. Beshore, respectfully requests that this Honorable Court grant his Preliminary Objections in the nature of a demurrer for legal insufficiency of pleading and for lack of capacity to sue and dismiss Count III of Plaintiff' s Complaint with prejudice. PRELIMINARY OBJECTION TO COUNT IV OF PLAINTIFF'S COMPLAINT IN THE NATURE OF A DEMURRER FOR LEGAL INSUFFICIENCY OF PLEADING AND FOR LACK OF CAPACITY TO SUE Defendant, Phillip A. Beshore, by his undersigned attorney, preliminarily objects in the nature of a demurrer to Count IV of Plaintiffs Complaint pursuant to Pa. R.C.P. 1028(a)(4) and Pa. R.C.P. 1028(a)(5) as follows: 18. The averments of paragraphs one (1) through seventeen (17) are incorporated herein by reference as if set forth in full. 19. Count IV of Plaintiff's Complaint purports to assert a cause of action against Mr. Beshore for conversion. 20. Specifically, Plaintiff alleges that Mr. Beshore "converted and deprived [Decedent] and Claremont of their right in, use and/or possession' of the aforementioned property, including, but not limited to, Social Security and pension benefits. Plaintiff's Complaint, 'J[43. See also Plaintiff's Complaint, 'J[44. Plaintiff s Camplaint further alleges that the alleged canversian of Decedent and Plaintiff s property was "withaut cansent ar lawful justificatian." Plaintiff s Camplaint, '1[44. The Limited Pawer af Attarney executed by Decedent in favar af Mr. Beshare autharized Mr. Beshare to. perfarm any and all acts and deeds an his mather's behalf. See Exhibit "c" attached to. Plaintiff Nursing Center's Camplaint. Accarding to. the rights and autharity canferred by the Limited Pawer af Attarney, Mr. Beshare had the cansent af Decedent to. possess the benefits referenced in Caunt IV af Plaintiff's Camplaint. Accarding to. the rights and autharity canferred by the Limited Pawer af Attarney, Mr. Beshare had lawfuljustificatian to. passess the benefits referenced in Caunt IV af Plaintiff s Camplaint. Plaintiff Nursing Center has no. passessary interest and/ar rights in the pensian benefits af Decedent referenced in Caunt IV af Plaintiff s Camplaint which cauld give rise to. a right af actian far canversian against Mr. Beshare. 26. The Plaintiff Nursing Center lacks standing to. bring an actian an Decedent's behalf against Mr. Beshare far the alleged canversian af Decedent' s awn property, namely the Decedent's pensian benefits as referenced in Caunt IV af Plaintiff s Camplaint, which Mr. Beshare was autharized to. receive and/ar cantral an Decedent's behalf pursuant to. the Limited Pawer af Attarney. 27. The Plaintiff Nursing Center lacks the capacity to. sue Mr. Beshare far the conversian af Decedent' s praperty, namely the Decedent's pensian benefits as referenced in Caunt IV af Plaintiff s Camplaint, which Mr. Beshare was ",,' . 21. 22. 23, 24. 25. , 1~' 1-- L. p- - ,- __~"C,"', ,':";,.:l:,;"';l._'.;",', '-~'~<""(";i I . .1 : ~ , L~ .I' , $ ,"z-; " ,;~ _: ,> ,"'-,>,/, T authorized to receive andlor control on Decedent's behalf pursuant to the Limited i 1 , , I I I I Power of Attorney. 28. Plaintiffs Complaint fails to state a cause of action for conversion against Mr. Beshore. WHEREFORE, Defendant, Phillip A. Beshore, respectfully requests that this Honorable Court grant his Preliminary Objections in the nature of a demurrer for legal insufficiency of pleading and for lack of capacity to sue and dismiss Count IV of Plaintiff s Complaint with prejudice. PRELIMINARY OBJECTION RAISING INSUFFICIENT SPECIFICITY OF PLAINTIFFS' COMPLAINT Defendant, by his undersigned attorneys, preliminarily objects to Counts I and n of Plaintiffs Complaint pursuant to Pa. R.C.P. 1028(a)(2) and Pa. R.C.P. 1028(a)(3) as follows: 29. The averments of paragraphs one (1) through twenty-nine (29) are incorporated herein by reference as if set forth in full. 30. Plaintiff s Complaint generally alleges that the Plaintiff Nursing Center provided long-tenn nursing care services to Decedent from May 14, 1998 to the present. Plaintiff s Complaint, lJ[26. See also Plaintiff s Complaint, lJ[32. 31. Plaintiff s Complaint further alleges that a balance in excess of Seventy Thousand and 00/100 Dollars ($70,000.00) is currently due and owing to Plaintiff Nursing Center for the long-tenn nursing care services rendered to Decedent. Plaintiff s Complaint, lJ[28. o '~<'- i__,< L-,-, " ,,",' ,--I ',-,,_, ,",. .'._;":;:-'..;:',,,'j<,,",--,'e"-"";".' ' 32. Plaintiff s Complaint fails to set forth what services were provided to Decedent and the co sts for each such service. 33. Plaintiff s Complaint fails to attach the invoices evidencing the outstanding balance allegedly owed on Decedent's account with the Plaintiff Nursing Home Center. 34. Pa. R.C.P. 1019(a) requires that material facts on which a cause of action is based shall be stated in a concise and summary form, 35. The aforementioned averments of Plaintiff s Complaint fails to set forth with sufficient specificity the material facts relating to the alleged services provided to Decedent or the charges for such services on which Plaintiff s cause of action for Breach of Contract and Quantum Meruit are based. 36. Defendant can neither admit or deny the averments of Counts I and II of Plaintiff s Complaint without specifically identifying the services provided and the charges for such services. . 37. Plaintiff s Complaint lacks sufficient specificity to apprise Defendant of the issues to be litigated and to allow him to adequately prepare to assert defenses to Plaintiff s allegations. WHEREFORE, Defendant respectfully requests that this Honorable Court order Plaintiff to more specifically plead the averments of Counts I and II of the Complaint, or alternatively, strike the allegations of Counts I and II of Plaintiff s Complaint. , ~ .<< 1'-" Dated: February 20,2001 By: ," I ~ < 1,_ -, ' Respectfully submitted, " '",' .1-""..' ,-" , . -,,,' . ' "'- '~i JAMES, SMITH, DURKIN & CONNELLY, LLP JARAD W. HANDELMAN, E Attorney I.D. #82629 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorney for Defendant, Phillip A. Beshore Ii: Exhibit A - SAlOIS SHUFF FlOWER ,>;~iiNi5SAY AlU,Itl........,IifoL\W 26W.BlghStnet CarDsle, PA ~ I _ . 1 , -':_'. .'.- : ~' "/:;, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff No.: 01- '133 C<.U:J, T~ v. THE ES]:ATE and PHILIP OF MARGARET P. - A, BESHORE, Defendants BESHORE 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 II 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 I lose money or property or other rights important to you, II I' I 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 r [ 't f:iiC;tA RE()(;~~~) m.. r-;;,,:.',;:-.:'~;,:'r.,,>,.,,;o~..\". iJ'""'.,.1.~.~""""."'~,..,.,,., ;.~ c ,''''.... ,,~ ... d .}. ~ u~)~t) >J:'\' n1~. ;~'fn ;lfj~J th(i Z;;tt;tl r;f G .<J;~. ~l t:~~r1;!;)t, Pa r~rf~~ SAIDIS ,HUFE FLOWER ",&:iiNDSAY Al"IOllNEYS-IQ',lA.W :l6 W. HIgh Sbeet Carlisle,PA -" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PE~TSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff v. No.: Df- '1$3 c.z~ 7Pr ESTATE OF MARGARET P. BESHORE And PHILIP A. BESHORE, Defendants Civil Action-In Law COMPLAINT AND NOW, COMES, Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center, by and through its attorneys, Saidis, Shuff, Flower & Lindsay, and files the within Complaint against Defendants, Estate of Margaret p, Beshore and Philip A. Beshore, and in support thereof provides as follows: 1. Plaintiff, County of Cumberland Claremont Nursing and Rehabilitation Center (hereinafter "Claremont"), is a county residential and long term nursing care to needy county residents, and who's offices are located at 375 Claremont Drive, Carlisle, Pennsylvania 17013. 2. Margaret p, Beshore (hereinafter "M. Beshore"), was an adult individual residing at 375 Claremont Drive, Carlisle, Pennsylvania 17013, who recently passed away. 3 . Defendant, Philip A. Beshore (hereinafter "P. Beshore"), is an adult individual currently residing at 4075 Swatara Drive, Steelton, Pennsylvania 17113. 2 SAlOIS SHUFE ROWER ,.,,&tiNPSAY ATmIlNlMioAT.lAW 26 w. HIgh Street CarBs1e, PA ";1 4. P. Beshore is the eon, attorney-in-fact, and person responsible for the financial affairs of M. Beshore. 5. On or about May 14, 1998, M. Beshore, through her attorney-in-fact, P. Beshore, made application for admission to Claremont's long-term nursing facility. A true and correct copy is attached hereto as Exhibit "A" and made a part hereof. 6. Claremont accepted M. Beshore as a resident on May 14, 1998, based upon the representations made by her attorney-in-fact, P. Beshore, 7. On May 14, 1998, Claremont and M. Beshore, through her attorney-in-fact, P. Beshore, entered into an Admission Agreement. A true and correct copy is attached hereto as Exhibit "B" and made a part hereof. 8. Pursuant to the Admission Agreement, Claremont agreed to provided M. Beshore with long-term nursing care in exchange for the payment of a specific monetary fee. 9. Pursuant to the Admission Agreement, M. Beshore agreed to make application for medical assistance when eligible for such assistance. 10. P. Beshore assumed M. Beshore's duties to pay Claremont for the long-term nursing care services provided M. Beshore-and to make application for medical assistance on her behalf. 3 SAIDIS SHUFI\ FLOWER '~'6iiiNi5SAY KfIIJIlNIi\'S>AToIAW 26W.HlghStroet Carilsle, PA ~ 11. M. Beshore has fail~d to'pay Claremont for the long-term nursing care services which she has received at Claremont's long-term care facility. 12. M. Beshore failed to make timely application for, or to complete the application process for, medical assistance when she became eligible for such assistance. 13. As a result of M. Beshore's foregoing failures, she is indebted to Claremont in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). 14. Claremont attempted on several occasions to contact M. Beshore's attorney-in-fact, P. Beshore, by telephone and written correspondence concerning his mother's delinquent account with Claremont. 15. P. Beshore failed to respond to Claremont's correspondence directed to him concerning M. Beshore's overdue account. 16, P. Beshore has breached his fiduciary duties owed to M. Beshore, to which Claremont was a beneficial party, by failing to use her assets to pay for her care at Claremont, 17. Pursuant to the Power of Attorney, P. Beshore has a fiduciary duty to insure that M. Beshore's account with Claremont is kept current. A true and correct copy is attached hereto as Exhibit"" C. " 18. P. Beshore has failed to keep current M. Beshore's account with Claremont. 4 SAlOIS lHUFli FlOWER "&.i:iNDSAY ATIORrm'SoAl\lAW 26W.IDghStJoeet Cari1sle, PA , L ., , ,-~ "". J ~^ " ~if, ~'- 19. Pursuant to the Pow~r of' Attorney, P. Beshore had a fiduciary duty to make timely application and complete on behalf of M. Beshore the application and provide the financial information necessary to qualify for medical assistance from the Pennsylvania Department of Public Welfare at a time when she had became eligible for such assistance. 20. P. Beshore failed to make timely application for, or to complete the application process for, medical assistance on behalf of M. Beshore when she became eligible for such assistance. 21. Since the time of her admission to Claremont, M. Beshore's monthly income had been in excess of Two Thousand Dollars ($2,000.00), as determined by the Cumberland County Assistance Office. I II March 1999, P. Beshore had received M. Beshore's monthly Social 22. Upon information and belief, from May 1998 through Security and pension benefits. 23. Upon information and belief, from May 1998 through COUNT I BREACH OF CONTRACT Plaintiff, Claremont v. Defendant. Estate of Marqaret Beshore 24. Paragraphs 1 through 23 above are incorporated herein by reference as if fully set forth at length. 5 II SAIDlS ~~~ ,,~,uw uw. Hlgb Street Carllsle, PA ;, 25. M. Beshore, through her'attorney-in-fact, P. Beshore, entered into a written agreement with Claremont whereby Claremont agreed to accept M. Beshore as a resident at Claremont and to provide her with living accommodations, dietary services, medication/pharmacy services, and general nursing and medical care, and M. Beshore agreed to pay a specified sum to Claremont in exchange for these services. See Exhibit "B." 26. From May 14,1998, to the present, Claremont has provided long-term nursing care services to M. Beshore pursuant to the aforementioned Admission Agreement. See Exhibit "B." 27. From May 14,1998, to the present, M. Beshore has carried an overdue balance on her account with Claremont. 28. A balance in excess of Seventy Thousand Dollars ($70,000.00) is currently due and owing to Claremont for those long-term nursing care services provided to M. Beshore. 29. M. Beshore's failure to keep her account with Claremont current and to make timely application or to complete the application process constitute breaches of the Admission Agreement, 30. M. Beshore's breaches of the Admission Agreement have caused Claremont to incur damages in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, demands judgment in its favor and 6 , , ,I , -' -, ....--. ' , iO~';~,: . against Defendant, Estate of'Margaret P. Beshore, in an amount SAlOIS HUFE flOWER ,''&. iiNDSAY HInIlNl'ts.CilAW 26 W. HIgh Street Carlisle, PA in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and such other relief as appropriate. COUNT II QUANTUM MERUIT Plaintiff, Claremont v. Defendants, Estate of MarQaret P. Beshore and Philip A. Beshore 31. Paragraphs 1 through 30 are incorporated herein by reference as if fully set forth at length. 32. Claremont has demanded payment for those long-term nursing care services provided to M. Beshore, and M. Beshore and P. Beshore have failed to pay Claremont the full amount thereof. 33. As a result of the nonpayment for the long-term nursing care and services received, M. Beshore and p, Beshore have both been unjustly enriched and enhanced by the receipt of care and services in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). 34. Claremont is entitled to receive payment in full for the reasonable value of the long-term nursing care and services provided to M. Beshore and P. Beshore. WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, demands judgment in its favor and against Defendants, Estate of Margaret P. Beshore and Philip A. Beshore, in an amount in excess of Twenty-Five Thousand Dollars 7 SAlOIS ,lIUFli FlOWER '~iiN6SAY ATITlIIPm'RoM.lAW 26W.1Ilgh StIoet Cadlsle, PA ($25,000.00), exclusive of interest and costs, and such other ~,,;-,! ,I I I , I I i I I 1 I I I I I 1 'I I 'I I " :1 II 'I 'I I j I 'I 1 'I , I ,I relief as appropriate. COUNT III BREACH OF FIDUCIARY DUTY Plaintiff, Claremont v. Defendant, Philip A. Beshore 35. Paragraphs 1 through 34 are incorporated herein by reference as if fully set forth at length. 36. P. Beshore, at all material times to this cause of action, represented himself to be M. Beshore's attorney-in-fact and person responsible for her financial affairs. See Exhibit lie. H 37. P. Beshore, at all material time to this cause of action, acted as M. Beshore's attorney-in-fact and person responsible for her financial affairs in dealing with Claremont. See Exhibit nc.n 38. AsM. Beshore's attorney-in-fact and responsible person, P. Beshore has a fiduciary duty to insure that M. Beshore's account with Claremont is kept current. 39. As a result of the failure to keep M. Beshore's account with Claremont current, M. Beshore was exposed to the risk of Claremont issuing a notice to evict. 40_ P. Beshore has breached his fiduciary duties to M. Beshore and Claremont by failing to keep her account current with Claremont and by failing to make timely application or 8 II SAIDIS SHlJFE IWWER ; "&.iiNDSAY ilI"IDlINEYS....1\lAW 26 W. HIgh Sll'eet CariWo, PA t ~ I '(Ii I.' II Ii ji 'i !i Ii 1,1 Ii I' ,I Ii Ii i) -'<,-, " :' t __, ,,' '~ complete the application process for medical assistance when she became eligible. 41. As a result of P. Beshore's breaches of his fiduciary duties owed to M. Beshore, Claremont has incurred damages in excess of Twenty-Five Thousand Dollars ($25,000.00). WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, demands judgment in its favor and against Defendant, Philip A. Beshore, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of I :1 1:1 \] I'! interest and costs, and such other relief as appropriate. COUNT IV CONVERSION Plaintiff, Claremont v. Defendant, Philip A. Beshore 42. Paragraphs 1 through 41 are incorporated herein by reference as if fully set forth at length. 43. Upon information and belief, from May 1998 through March 1999, P. Beshore converted and deprived M. Beshore and Claremont of their right in, use and/or possession of the aforementioned property, including, but not limited to, Social Security and pension benefits. 44. Upon information and belief, P. Beshore's deprivation and conversion of M. Beshore and Claremonts's right in, use and/or ~ossession of the aforementioned property has been without consent or lawful justification. 9 . . SAIDIS ~~uNW'~ JlI'IOIlNEVSoAT.lAW UW.H1gh_ Carllsle,PA ~ I ~ , ,-' . 45. As a result of the 'fo~egoing actions of P. Beshore, Claremont has incurred damages in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, demands judgment in its favor and against Defendant, Philip A. Beshore, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and such other relief as appropriate. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: I-n-Ol By ~ dth/~ Joseph L. Hitchings, Esquire Attorney I.D. No. 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 10 J .MAR. -'2~',.0~(~!O_N)_:~5~0___ CNRC r ICAL RE70RDS ':_l __ ,1MI 1. bJ_ ~~. ~~ '::Ol'~RL 5 """., TEL: 240 19'4 JI _, W '.... ,'_ML v (l~emonl NUrsing ana 'RehabWb1:ion'.Cen!e/' of Cumb..loUlJ COlll\lv J1 5 Cla.wIaIlt PUlle. CMVMr.. ,.4 17Dn ..-, 'n::l~:::.c:,: p, 008 -.~:::::.....c:):;, ~L ;--- 17111 t43-1.D!1 fAX'~ 17171 240-1934 1\.ury W l'arlu. /:l,/!,l., N.R.A.. ,o,a",(n(11r=fO, - AJ'?L!CMl! (M.L NAMEl "fI\~Q j .o..~et l1..ul il\i,,- ~c~~Q~ ?E~'!ANtN! AnDRESS ~~:\~;\~~~~~:' nlc~~ 'ULSl'HONE #:2.P- ~'-4----"'!f)~C'\ sceur.. S!Gt1i!TY 11.:.Jt;,S<Z(~-5~8~ oK :m.'l'll DATE O~- of:,- Dtf 11/( RELIGION L!:crI$..B ~ MAR!TAL STATUS Li.J\~.l SPOUS! lWfB ~....\J...-.,'~ ~s.t\r.,Q& Cb;;:"'EJlo.4.E~) IS A:l'LICANT"A lnIl'IED Sl'Al'SS CUIZ!!!? 're So - #0 - v4 Name an~ Relacionlhip J.1~ 1-0' Acl.dl"ue .~ !lOES ~:LICJJl'l' BAVB A LEGAL DUWU l'O~-Or-A'tTOMEY1 ~J. 'PI-, 1\ (\, ~. 'B,t~~"\~;:: (~'i:::l~) N4me and l.lacionahip ~ L.k>lS SLw~".,Qt-. \,~~,"e.,,.I e,~\:~ ~ 11(G, Aclci:esa TYPE OF NURSING HOME ADMISSION ANTICIPATED: LONG T~R.~. CA1E SaOlT TEaM RZHAB . - <OIl "0"'7 ~- <l. ADMISSION !lATE " .,,"""~ """....~,. ..~ .."... """,. :::~~~AN ~~~: ~~ - ~'N. mE~BONE , \ 7,0 \ w. G..c,,~c.... . ~ --( 5'33- "311:1 \ ,!;xh; bi t \~ II PR1l'.Al\Y FAm1Y CDNT.~CT PJ;;llSClN: ?l.-:,.\; ~ t\, ~E:S ~~~ ($)/7 ) NlIIIla llnd Re llt:!.onmhip \ '- . / %'75 ~w~r-..Q..~ ~~\I",--,n~\;~P~ Addl"ees . YtS- fll/51U'i:n'Jrrr /lJac.h,); 7 (7-- SL4-10~O Iloma 'S1;Pboue" \l1\3 wlSf;~~oJd Xt5-i:lfl!'r.v'':I''i'xg- m(a_~h~ 5/;k- 84-7-b iam& TelephcUB'# ~b-1 VOX~ ~elaphona f 7 17 ~ S~4,-1 D'fe;i Te~e?nQne , ,~~"- ~ L, " MAR,.27' OO.G\IO}';) 15:30 A!'l'.LICATION p.1l1 J GNRG V- 'GAL REGORDS TEL'-'i 240 ]934 p, 009 , . US'!' O'l'liER !lOSPI!AL AND N1llSING !laMES ;\.S'!' 60 DAYS: ~,('~}~~~ ~ c.~I"'I'U\ t4 ~Cl..r.> ~~ 'b....'::! \.,~......~ l-\ l~\.. "'!lots APPLICANT RAVE A RISTon 01 MENTAl REALTII. TREATMENT? 1'.l~ . EEALTli INSiJMNCE PCI.ICY NtOO!ltS: fl. II ").;. 15 !'lE!JIcm Ilh~,-'1(..,-t:)~q~ r.:\ pt. 6 ~./.~1111UI d:( MEDICAID <::z/K.. Bt.1l! !!.:!IJl MF.! '7l/ It.. FAC: omR~~-qU~~...W-.~ ~\l~a(a ok: LONG '!'1RM em INSUlWlCE Io..:J Q f; -:. /)?R"- /)( N I Y-Aol/gA IA'hzA- 7;A:., FINANCIAL S'l'A.'l'11S: ~raJS /333.$0 d'n-t:rcl"P,,",'t-,;oii /lJYrII6€-rJ :f"S I: .6 - 4~ .'$D socIAl. SEC1J'll.J;~. ,vcr /,;J..tO, - oK l'XNSION S ~ c,l'lri ANN"U'ITY r:iCOM:!:' ~ CTl!ER S ~ 0 ""... ASSE'rS: /~, -- t4t1estfttlld dtt'aJ/f ,:tI./593/(. . CEECKING ACCOm-BANKY IlltfmJ;t;-,r; 1':ftt}fd:/~I7,~tiJ.:Moum S 'Ul..r<r ~"prv)'. 15.00 r SAVING ACCO!Jli'r-BANKV'" /llf:m Ofl3 /-ltCr1Jd IJ/JIIP.1AMOmiT s ~ tl.Pt}fVX. ~~'Oa r.. , A II CER!!FICATf. or DEl'OSI'r:llAm:. 1\\ 0':>' ~ . A."lOUNT S CLJ 1IFE INSllWCE-COMl'ANY _, O,H FACE A.'lOU'NT $ "-l Q~ e.. R!JJ., ES'l'A'l'!-!.OCATION . \ ~ ~~ NA.'iE ON DEED "-\ \ '?'- VALL!! $ K/SE !:!! AS:: IllENTlWlSi'ERPJ:ll DUil.ING 'mE PAS'!' j~EAIlS7 US'!' MSE'!' AND DAtE OF t'l1.ANSD'Ei. /.f!:. oAf~h~ ~ t'rt-t ,i,i ':i :'1 'I 'A fii ij !;1 l1i ~,i 11 ~: ,; ...,""" ""'''"'' _:;<. ,.'"~ _':: '"'J'I;.<.- ~ Q<.~ -:I"M'''\'''''' "'-I:. I l..afl.: , ~~ ' ~ ~.....C.N;,olo"~,*ID:'" ~cc.t~<J ~ ~ ~;~\ v~...\ \'"!'o. S~S ."2.7QS 0", S4-S-40a I - Add~ass \ talephcne I m ARlWIGEH!N'1'S pp.J-PAIn7_iE~ (;f?oO (i) {}t/J1((hOI7 SOe.tt~ Pleass in~l~de copies of app~cpriat. cards (Social Sscurity. Medicare, ace,). any addicional shales of papa: uaaded co .~plain insurance iufcrmaticn. Plun .dd ...... MAR, -27' DOlMaN) 15:28 P OOj . Cl~emon~ saNtO OF ~OUNTY COI\fMISSIONERS Nancy A. Belich ChaIrman Earll', Ketler vtcc" Ch4lrmJ:ln rwtarci.at..Myen Secrmr; Jahn 5. Wan! Chl<J Cierk pennl5 fl. Marfcn CaUI'lt)' t\dmltrt.maror Horace A. Johnson Solieizcr -CNRC MF~~AL RECORDS , " ,,~ " TEL: 717 -'10 [934 < N u!'stng dnd RehabdaaH~n' Cen~er 01 C",nl.."I.,,,,1 Cnlln!u Barry W. Par"". D,Ed., N.H.A, Admrnistrator ADMISSION AGREEMENT ~tJA~N~h~ e iden Name As part of admission to Claremont Nursing and Rehabilitation Center, the Residant and the ResponsiQle Party assisting the resident acknowledge and agree to the fOllowing: 1. If Claremont Nursing and Rehabilitation Center det.ermines that the Resident is not a.ppropriate or does not qualify for nursing hame care, ~e R~sidf3l1t will discharge frem Claremont Nursing and Rehabil1tatlCfl Center following a 30 day notification of the need to make alternate living arrangemmts. : , , 2. If the Resident cannot qualify for coverage under the Medical Asslstance or Medlcars programs, the Resident will pay daily rate for care at the nursing facility. 3. The Responsible Party (guarantor) assures that the Resident's bill will be paid from the Resident's assets/funds. If the Resident does net have personal funds or when personal funds are exhausted, the Responsible Party will make application to medical 'Assistance on behalf of the Resident.. If the Resident does not qualify for Medical Assistance funding, the Responsible Party will arrange discharge for the Resident if the bill is not paid in a timely mat.ter. 4. Unless otherwise provided for or designated, ths Resident appoints the 'Administrator of Claremont Nursing and Rehabilitation center the Resident's laWfUl at.torney, to ask, danand, BUe for, collect., recover and receive all sums of money, debts, accounts, legacies, dues, bequests or any iother sums which are now or shall hereafter become due, owing, payable or belonging to the Resident; draw checks or drafts upon and withdraw funds from any accounts or deposits in which the Resident has any interest; sell, grant and convey t.he Resident's property, real and personal, for such price as t.he attorney-in-fact deems !:est and to do all acts to dO all acts to carry out these powers and to turn over ny money so collected or received to the Center to be held in trust. for payment of the Resident's past or fl1ture maint.enance. So long as there is any sum of money due the .Center from the Resident, the power herein granteci. shall not be subject to revocation; nor shall this power :be affected by the Resident's disability or incapacity, physical or mental. 5. The Resident authorizes Claremont Nursing and Rehabilitation center to releaSe! lnroJ:ln1lti'lIl <::on",,,,rnl.ng their assets. real or personal, to the Cumkerland County BOard of Assistance. continued.. . 71 i.240.j()52 ~ 0 C 1.1 PA 1701~.BBa5. 717.243.2031 or 717'166.1518 · Fax ~ 315~H)rr'~e, ;E:Xh',b+ \'e;' " ,I " <,.-'j , ;i ,-I :1 '" "I '.1 :i J i~ i "1 d 'l; , I " ,S ~ i oil ii fi " .1 I " I :] I ~ [ 'MAR, ,27' 00 (MON) is:29. "> ,"-' '-',,, mG "'"1] I GAL RECORDs - TEL " 17 240 1934 p, 004 , . \~ . ~ . . " Page 2 Admission Agreement 5. If tbe resident is l:eine covered by the Medical Assistance Program, the Resident and RespcnsiJ:lle Party recognize that all ine:ome the Resident receives during the month of aclmission, must be paid to the Claremont Nursing and Rehabilitation Center, regardless of the day of admission, unless 'Waived by the CUlIIherlanCl County EoarCl of Assistance. The Resident and Responsible Party acknowledge that all future inCQ/lls received by the Resident, while covered under the Medical Assistance Program, must be paid to Claremont Nursing and Rehabilitation Center. Inoome not applied to charges for oare will be placed in the Resident guest FunCl or refunded. ' i"i ~ ~j~ era\'.\ sident ~ ure or Mark ift/1Jf4.r&ftJ ~~ ~4~\'r) ponsib Part Signature ' '06.14- fir- Date ,:( '~1 '-1 05. /1- tl~ Date '1 :1 ~J i; ,{ ;~j i I;! i1 ~ 7/Jtr ~ 6./t.}4( a I'; " 'C .1 C[a.remonl Nursing and Rehablh~aHon Cen!e,l' , 01 Cu...b...I...J Caun!oy -'iIAR. - ir 00 (MaN) 15:29 " . I" ,",Ij, CNRC MErJ'~AL RECORDS TEL:iIi 1.AD J9j4 p, 005 , , " . Barry W. Parks, D,l!:d.. C.N.a.A; Aanl,"~tJ'GtD,. RESIllEN'l' NAMl!: Mar"are: Bes~"re BOAJID Of coum CO>lMlSsIONlll\,\ RESIDENT NUMBER: 3400 m:oICARE NUMllER: Nilncy "- 9lrSd\ Chatr~1I E.itlll.lfI>llet ~ce OIoj"",," Miltcl. to. My.r:r St:"C12f"J' I. John S. Ward r:Jlu:j Oort :Jcnnu ft MartoR CoLIn,!)' ~l'I"lillU~~r II. HerioC!: A.. John:lon SO{It;'/la,. III. 165-26-5399A STATEMENT. OF AGREEMEN'r I hereby authorize the Claremont Nursing and Rahsbi1i:ation CenCer of Cumberland County to provide medical and nursing services :0 me. I further authorize the physician in charge of my care to admin1s~er any treatment or trea:ments chat the physician msy deem necessary or advisable for my eate. ;1' I hereby release. remiee, and discharge tile Governing body. Claremont Nursing and Rehabi1i:ation Center of Cumberland County, its agents and emp10yeee of responsibility far the loss or damage to any 1II0ney. j ewe.lJ;:;. glasses, dentures, docUJlIenta and all other ar~ic1es retained in my possession. ',: ,i! :'1 ;i! :~. .\, ~j I hereby designate and transfer responsib~lity far my financial affairs to the Admi~istrator of Claremant'Nursing and Rehabilit- ation Center of Cumberland County. I: is understood that all fin- ancial transactions made an my behalf will conform to applicable state and federal regulations regarding reeident funds. An account- ing,qf all finsncial transactions lIIade on my behalf will be ava~l- able to me at least quarterly. i~i !~ IV. I acknowledge that I have been made fully aware of the Resident Rights bath in discussion and by recsiving a copy for my own use. V. I ac~nowledge that I havs been made fully eWare of the Resident Responsibilities both in discussion and by receiving a copy for my awn use. , ..." .":,.'"1' ,..J;. .:c ,',,: 'hR~~R~T ~07 - "'".. _ f ,::rr'RC nJI,OO I 199' .\ . . .... r - ~ -, ., - u ~ ;; .. ,~ . ,', r T -:.~ .:. " . 1.- t-1 SOl, ,m , CIiRe .375 Claremont Drive. Carlisle. P'" '7013-a805 . 717-H3.2031 or 71 J.766.\SI8 · Fax: 7I'/.240.1QS2 MAK -17' OO(MON) 15:29 , CNRC MF~AL RECORDS " I TEL: 7l7~4 0 !9j4 ,-~., """1 " 'i P 006 , , i ",,1 'I i STATEl!:ENT OF AGIl.EOOli'I' Page 2 '. ... . t, . VI. I do authorize che tlleeee at cne follOwing ~nfo~tion Co volunceere or organizations providiag service to ehe Claremont Nursing and Rehabilicatioa Center ot Cumberland Dounty: RlligioD. Vaceraa Status. B1rtn, dace, Reeponsible Person. ( . ::1 i .1 i "j I ! 1 1 , i , i , VII. A photocopy of this document shall have the sama force, power and effect as th. original. .~\~!\~1~ Witness ~ I 'I I I .1 j ,I I I I 1 ! i i 1 ,I 'I j 'I ,I !j , 1 I J 'I , :1 I j [] J [I -S-I-fff llace ~~FJ Dace ACC21'TABCE 01' ADMINISTRATOR The Adminiscrator hereby accepts responsibility for j~ /f-fl'" 'h. Ut:'!:....Wl """;' Administrator Date I. Auchorizacion of Medical Trsat=Bnt II. Releees from Responsibility for Valuablas Desi nation of Administrator as III. Reep~nsible for Financial Affairs IV. Residant Rights ft'sidenc Rssponsibilities- V. .... VI. Relsaes of Informatioa VII. AuthorizatioD of PhotocoPY Ie ., '~ .. ;/ ~: ! , - ,,'o~~Rd ~07 ~ S>iOK'., ",."J. ~ :OID ~3,ct. <_,,-199G ~~-A~~~T :~ ~ J { .';" ,..~-19\J'; '- .. ..... ~ C NRe ~ MAR,-27'00(MON) 15:29 ....;. ..-I- TEL:7" 240 1934 CNRC M~' CAL RECORDS (,. ..., i 'l! I" -, '....) JiI '" j J. '-"'" LIMITED POWER OF ATI'ORNEY (With Durable l'rovlslon) A.:tf(I.lo H~ ar TOA~~rEllSON.'''''il'''.'''''~''I. '"'I'lIAR..G.AR,;;t- -p 'E:.P-'':'\~~I.;;; III CinlOllJr, do ~R:by make.!l'd grant aJi!!lltcd Iud 'pf=Uic p~ or DlIa~ la ~ \\ \ b f\., ~ So t-l.~e:; or '"\-0"1'0 ~""F'\~~. $:."""<<1"1'0.:\ 'y", \'11:' \ IUld IIppolnl.and conlllUlic ,lIfd Indlvldulll os my IIllomc)"ln.r~.;; ~, My named IUJClmllY.1n-(att Ihsll hay!! full pDWlIr IUld aulhorlty toundcnukc. cammb cnd perform only ,he lallO\llln; am ~~~j:rl~~t:-~:m-~:;:Y"!;hAr"~- Th., 1JU1harlty ammlCS.nlill incladc Illt:llnc1denUIIIlc!i BJ am rcGIDnllbly /'!lqulrcd or ncCc.IIIY ra CIIT)' aut l/Jd perform IJ1c !fCc1flt: IUlhDrlllDl am1 dullr:ti IUUed or I:'Qr:t~mp/l:ltcd ~n. My IIrtcmeY-ln-fIClllif':d1 to lIea1p! this appo1PITflCDllUhject 10 It II Il:MI, and aaree. Ulllct Ind rcrform In Ulld ndo. ,111'1' cllpflchy CDO!lllcnr wlth my ~ lnlcrcl16 II! my Iltflf1l8}1-ln.facl dcc:mIo IIdvlilbltJ,llnd t lh~poa null'y 1111 UCIIi UJ CllITic.d aU!. t qrccr lO relmbIJnc my IlILnml!)'.ln.(act Iillll'ClUionAtlll! CGr.lJ Bnd "!KIn.... Incur1'lld In 1M ruTnlhnllnl o( l!\e dullcI Ind ",.pon.lbIllIICl cnUlIUlrll&l hc:rcln. Specl.' du"hl'll pntt1lhnlJ:: Thl. power Or IUOmey .holl ngl be ILTl!C1.c:d by wblllquClnr Incllpnchy oftha Ooolor. 'Thll power D(IIII1D~ may be l'l!voked by lhc Orunlor 8""lIg wnllen noller:. Df rcvm:ado" to ll'tc llUomCly.ln.flcl, pf1JYld~ thl' III\f patty relying In JIKld (allb uJlon lhi, flOwer of IllamC1IPIII be prt1lCClcd union anti ondl tIlId pany h_ cilher a) lICIUIJ gr alI'IlUUct.lw nOli=: of revocatllm, or b) Ilplll'1 flU:ord\nll Dr 11Iid ('I!.vcc:alimln the puhllc records whmlbl:l CtMlor rcsldCII. OlhllTlI'nnl1 SlgnEld under H!i1 tN. ~dayof F~R..~,~\. ~~::~ Wll.nc.' ,19'H, , ..",or ~''''''''11u~ } eaanly.rCu.'/l'\b-e,..\W... ~ () rfl~-!-e.-, l\Jd~ H...bk o. ~r\Ll1.r1: q 1'l.9' bor.~.... Ml-' , '...+ j), 8t!:s DM:: Ippcw-cd ~t1.:; ~,r roved ltllTlll onlhci bll:J18 of ..tl.foclOry DvIQcnCl!} 10 be Ulfl pcll1cnhl whole n8ma('llli~ lulucr1Jxci ;:~:,,:~~~nlnllnlmCnl ~nl,cknowlcd8'ed to mo lh~t ttcJ'"ef('h,)C)'o~:U~;~I:yll~;:~~~J;~e:''::~ ,~~d;=(~::~:~&: lnlll by IllsIl1ct/mmr ,lanIl1lln:(.I) olllhe Instrulf'letllll,D f)Dl'lon . 'I' lhc{nRlrumetlL wfTNas ~IIrKl tInd em 'nlll!nl. S/grllttl,,: AmllJ1l~wn_prudll~IO Type 0(10 1~., OI.,IIfI80nl . Ll'tUraA !~;I~, Nat8tV Fubl/Q Mld::ll!Flo~ !l'JI'Dr Clltl~l" COunlY Mv CQmm!"l::lI:m EJ:pll'l!l. Mli~ lilS, HIM l'.'I'~ilns.~~~ ~411.1l1lInnl'\lI"r"I"'--&.Zi~"=:"i.:"'~~'; :lnUdI:' '"-11I11 ~'''~'lfllll ~I:::;;.~~:=~:"m;::..-:- n-r.;: 1II1.lllnded IMllItf I'~'::;'" fMJ} ~llllffclI'CN'..urqIr:H(fIS.....'f- - ( - tit!t!fjoN ~/llr. slrlll'U( 11m - t;;j)J 5f'Kf 6ft) Od 'A8' 'fb I r .l>f t1t"",b'l/ "'0 (Sl!lIlJ bhl bj "elf "" , , -;~ p, 00 i .. i " " SAlOns 'HUffi.llDWER ':&.J..Jl"IuSAY AIllJIlJ'IEY!MT.lA\Y 26W.BlghStreet Cadlsle, PA , '.~ " i:::..__'_ .~ ' '~ ",a .~ " ... " " VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. S 4904, relating to unsworn falsification to authorities. Dated: /-1/-0/ ~~~~ ~ C~/+A Barry W:- Parks, Claremont Nursing and Rehabilitation Center of Cumberland County 11 . ~. i, " ' "',:','",'>,'i__c'-.'; . (, .., " , " ~ CERTIFICATE OF SERVICE I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Preliminary Objections upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 20th day of February 2001. SERVED UPON: Joseph L. Hitchings, Esquire 26 West High Street Carlisle, PA 17013 -~--- JARAD W. HANDELMA , SQUIRE JAMES, SMITH, DURKIN & CONNELLY, LLP cc.;] ~i 1 i --- .. - 'I I , 'j 'I 'J J 'j I , ; ~ -:i .J . " ;j ;'! :~,i ;i , ::j -. , " , ill ~ ."" ." ~ ~ ~ ~ ~ ~ ~ ~ ..... i ~ ~ t::I~ ~~ !lP hi (') ~ r- .c: ~ ..".. .'~'. . -,' ,,- .,- -'1 C~_; :" :.) (n '~/1 :< ~- '. .-"[ i SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS-A"'LAW 26 W, High Slreet Carlisle, PA ~ i, " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff v. No.: 01-433 Civil Term PHILIP A. BESHORE, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of MARGARET P. BESHORE, Defendants 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 LEGA.L HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, FA 17013 717) 249-3166 (800) 990-9108 ~" L It 1--" , ' ,:-1 ~i'ii " IN THE COURT, OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff v. PHILIP A. BESHORE, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of MARGARET P. BESHORE, Defendants No. 01-433 Civil Term Civil Action-In Law AMENDED COMPLAINT AND NOW, COMES, Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center, by and through its attorneys, Saidis, Shuff, Flower & Lindsay, and files the within Complaint against Defendants, Philip A. Beshore, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of Margaret P. Beshore, and in support thereof provides as follows: 1. Plaintiff, County of Cumberland Claremont Nursing and Rehabilitation Center (hereinafter "Claremont"), is a county residential and long term nursing care to needy county residents, and who's offices are located at 375 Claremont Drive, Carlisle, Pennsylvania 17013. 2. Margaret P. Beshore (hereinafter "M. Beshore"), was SAlOIS SHUFF,FLO~ an adult individual residing at 375 Claremont Drive, Carlisle, & LINDSAY ATIOwm~M'UW Pennsylvania 17013, who recently passed away. 26 W, High Slre_l Carlisle, PA 3. Defendant, Philip A. Beshore (hereinafter "Po Beshore"), is an adult individual currently residing at 4075 Swatara Drive, Steelton, Pennsylvania 17113. 2 II SAlOIS SHUFF, FLOWER & LINDSAY ATrQRNEYS.AT.LAW 26 W, High Slreet Carlisle, PA ~'- 4. P. Beshore is the son, attorney-in-fact, and person responsible for the financial affairs of M. Beshore. 5. On or about May 14, 1998, M. Beshore, through her attorney-in-fact, P. Beshore, made application for admission to Claremont's long-term nursing facility. A true and correct copy is attached hereto as Exhibit "A" and made a part hereof. 6. Claremont accepted M. Beshore as a resident on May 14, 1998, based upon the representations made by her attorney-in-fact, P. Beshore. 7. On May 14, 1998, Claremont and M. Beshore, through her attorney-in-fact, P. Beshore, entered into an Admission Agreement. A true and correct copy is attached hereto as Exhibit "B" and made a part hereof. 8. Pursuant to the Admission Agreement, Claremont agreed to provided M. Beshore with long-term nursing care in exchange for the payment of a specific monetary fee. 9. Pursuant to the Admission Agreement, M. Beshore agreed to make application for medical assistance when eligible for such assistance. 10. P. Beshore assumed M. Beshore's duties to pay Claremont for the long-term nursing care services provided M. Beshore and to make application for medical assistance on her behalf. 11. M. Beshore has failed to pay Claremont for the long-term nursing care services which she has received at Claremont's long-term care facility. 3 it SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEVS.AT.LAW 26 W. High Slreet Carlisle, P A b__' Iii ., 12. M. Beshore failed to make timely application for, or to complete the application process for, medical assistance when she became eligible for such assistance. 13. As a result of M. Beshore's foregoing failures, she is indebted to Claremont in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). 14. Claremont attempted on several occasions to contact M. Beshore's attorney-in-fact, P. Beshore, by telephone and written correspondence concerning his mother's delinquent account with Claremont. 15. P. Beshore failed to respond to Claremont's correspondence directed to him concerning M. Beshore's overdue account. 16. P. Beshore has breached his duties and obligations owed to Claremont by failing to use M. Beshore's assets or otherwise pay for her care at Claremont. 17. Pursuant to the Power of Attorney, P. Beshore has a responsibility and obligation to insure that M. Beshore's account with Claremont is kept current. A true and correct copy of the Power of Attorney is attached hereto as Exhibit "C." 18. P. Beshore has failed to keep current M. Beshore's account with Claremont. 19. Pursuant to the Power of Attorney, P. Beshore had the obligation and responsibility to make timely application and complete on behalf of M. Beshore the application and provide , the financial information necessary to qualify for medical 4 II . SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS.AT.LAW 26 W. High Street Carlisle, PA I~, 11i..II;';"*,W"U assistance from the Pennsylvania Department of Public Welfare at a time when she had became eligible for such assistance. 20. P. Beshore failed to make timely application for, or to complete the application process for, medical assistance on behalf of M. Beshore when she became eligible for such assistance. I II 21. Since the time of her admission to Claremont, M. Beshore's monthly income had been in excess of Two Thousand Dollars ($2,000.00), as determined by the Cumberland County Assistance Office. 22. Upon information and belief, from May 1998 through March 1999, P. Beshore had received M. Beshore's monthly Social Security and pension benefits. 23. Upon information and belief, from May 1998 through March 1999, P. Beshore transferred and disbursed M. Beshore's monthly Social Security and pension benefits outside of the scope of his responsibilities and obligations owed to Claremont. COUNT I BREACH OF CONTRACT 24. Paragraphs 1 through 23 above are incorporated herein by reference as if fully set forth at length. 25. M. Beshore, through her attorney-in-fact, P. Beshore, entered into a written agreement with Claremont whereby Claremont agreed to accept M. Beshore as a resident at Claremont and to provide her with living accommodations, dietary services, medication/pharmacy services, and general 5 II SAlOIS SHUFF, FLOWER & LINDSAY ATIORNE'ls-A,..Lt\W 26 W, High Slreet Carlisle. PA 1,-- _ 1,,_ _ '," ~~, nursing and medical care, and M. Beshore, through her attorney- in-fact, P. Beshore, agreed to pay a specified sum to Claremont in exchange for these services. See Exhibit "B." 26. From May 14,1998, to December 19, 2000, Claremont has provided long-term nursing care services to M. Beshore pursuant to the aforementioned Admission Agreement. See Exhibit "B." 27. From May 14,1998, to December 19, 2000, M. Beshore has carried an overdue balance on her account with Claremont. 28. On December 19, 2000, M. Beshore passed away. 29. A balance in excess of Seventy Thousand Dollars ($70,000.00) is currently due and owing to Claremont for those long-term nursing care services provided to M. Beshore. 30. M. Beshore's, through her attorney-in-fact, P. Beshore's, failure to keep her account with Claremont current and to make timely application or to complete the application process constitute breaches of the Admission Agreement. 31. M. Beshore's and P. Beshore's breaches of the Admission Agreement have caused Claremont to incur damages in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00) . WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, demands judgment in its favor and against Defendant, Philip A. Beshore, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of Margaret P. Beshore, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and such other relief as appropriate. 6 Ii SAlOIS SHUFF, FLOWER & UNDSAY ATrORNEYS-AT.LAW 26 W. High Slree! Carlisle, PA i i , , COUNT II QUANTUM MERUIT 32. Paragraphs 1 through 31 are incorporated herein by reference as if fully set forth at length. 33. Claremont has demanded payment for those long-term nursing care services provided to M. Beshore, and M. Beshore and P. Beshore have failed to pay Claremont the full amount thereof. 34. As a result of the nonpayment for the long-term nursing care and services received, M. Beshore and P. Beshore have both been unjustly enriched and enhanced by the receipt of care and services in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00). 35. Claremont is entitled to receive payment in full for the reasonable value of the long-term nursing care and services provided to M. Beshore and P. Beshore. WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, demands judgment in its favor and against Defendants, Philip A. Beshore, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of Margaret P. Beshore, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and such other relief as appropriate. 7 II . , " ,I "~:I , I I I I I , I I I I SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNBYS-Ar-LAW 26 W. High Slreet Carllsle, PA ""'ll .-1 'J '-~~tJ , ,Ii::- ,'~ COUNT III CIVIL CONVERSION 36. Paragraphs 1 through 35 are incorporated herein by reference as if fully set forth at length, 37. Upon information and belief, from May 1998 through March 1999, P. Beshore converted and deprived Claremont of their right in, use and/or possession of the aforementioned property, including, but not limited to, Social Security and I : pension benefits. :,1 " , 38. Upon information and belief, P. Beshore's deprivation and conversion of Claremont's right in, use and/or possession of the aforementioned property has been without consent or lawful justification. 39. As a result of the foregoing actions of P. Beshore, ': Claremont has incurred damages in an amount in excess of i: ~ Twenty-Five Thousand Dollars ($25,000.00). I!I !ii ~ WHEREFORE, Plaintiff, Claremont Nursing and Rehabilitation Center of Cumberland County, demands judgment in its favor and against Defendant, Philip A. Beshore, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of Margaret P. Beshore, in an amount in excess of Twenty-Five Thousand Dollars ($25,000.00), exclusive of interest and costs, and such other relief as appropriate. 8 Ii Ii SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT.LAW 26 W. High Street Carlisle. PA , , ~' 1-, .-0--1 "- ,I,. 0'- .~,' I ~! Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: 'g-/S- D I , I I il I' Ii By Jo eph L. Hi chi Attorney I.D. No. 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff ll: ii' t: Iii Iii I,: H II ," !!! II " II Ii! Iii 9 I, ""'" VERIF:;:~~ The undersi9ned te.eoy verif~"'s ,;hat tne sta'Celn@ots of fact ).n t.he foregoing a~e t.ue ana correct to the bes~ of :r,y knowledS)", 1nformation and b..lief. r understand th"t any talse at.at",:ments therein are subject to the penalties c,)ntainl!d in 18 Pa. C. S. S 4904, relating to unsworn falsitication to Dated: }- /F"-O/ ~ >_Sl-. Barry W. par~s, Claremont Nursing iilnd Rehabilitation CeT,ter of Cumberland CO~l\ty authorities. , : }':;" :,1.; " ~ c': 10 ,I'Ii\K, -L:1~1I1~i'i~N;;:it:~~;::;; m'C r I~At k~CORUS . , 'r4PII~RL Sl.""I..::'.ML ,Cl~emonl NUrsing iUld Rehal,illlal:ion Cen!er / - a( Cwnb..lanJ CoW\1v 315 l'~.tqUIJl'I.t Pitlue. ~.{.te.. 'A r7au I TEL:- I 24D 19j4 'r~=.:-~,: ,~ - .,' P. 008 -.u~....,a~ (7111 f4!-faJJ FAXf~ (1111 24D-I934 ~L ~ aany W Parlu, Q,Ecl.. N,H.i" o'IdrnfMllPIlOr . ..;.- 'Al'PL!CAll'l'(Pt1I.L IIAME)~o..~ j Oo.Q,;j- ~ul ilo.\'!.. ~E.~~Q~ :EP.'iANtllT ADoax:s ~~:\~~l\~~~~~. ntl~- ULEPHONE h1t 7- fl,",4-"ln~C'\ SQCW. DCIlUT'f '1.:.J~S-'2(~-S~q'1 oK :m,'l.'!i OAT! D(",- Ob- Dtf oK 1ELIGIOIf L.~~~ !Wl.!TAl STATUS w',.l....... \. SPOI]S! NAME ~.....,~....., I . ~ ~s.t\r,~G- Cb~<::!:ME:.~j IS ~FLIC:AN'l' -A WInD STAns CI'J:IZD? .::res. ~ . ~-y4 SECONDARY CONTACT PERSON: \ ''O~ Name an~ Relation8hip J..7 ~ '0 Add.lss ~ !lOES ~:LICAN'1' un A L!GAL DtlU!LE ?O~-OF-...n01UIU1 E: "?~I\I~ ~. ~~'S~"\~= C~~,.J) ~4me 4n~ Ilatignship ~ . t.\--olS ~ LI.l~f',M \"~~~e. ~b:.I2.\~^-lJ \11\3, AC:d.ress ,) , YtJ- M61U'i::n'7t:ff /JIrlc./"i. 7 (7 -- 5~'!t -1 a?o Iau' Iaph=l:l&'" III \:5 ~~ I'N\(! \ .0% ~elaphc~~ g y't5-MH.<.l<::r/;;(g.. mftc.~ir~ .5(.k. a4'1~ Bema TelepbguB'# ~6-1 Wad: l'elal'hona 0 PRI!'.ARY FAMILY CONTACt l'WClN: ?h\.t ~ A, 'Res ~~,:. (sol? ) Nama and as ac10nallip \ .... . ~ %i5 ~~~f::o..Q,.~ ~~"...... nbe.Q.\i~;Pp.... Address ' 7 (7 - SC,c+-l DrC! Tele?hone Ttn OF NURSIllG BCHE ADMISSION All'l:ICII'A'l:l!.ll: LONG 'l:tR.~,C:A!E SBOIT TEXM REHAB !S .u>PttC:AllT ROS1'ITALIZ!D 1I0W7 y;.:.~ ADMISSION DAn: ~ . ~.~ "."LV"'" ::~~~~AN ~~:'t,'~:: ~~ '. . ~ TELEI'tiON! f \ "7~c \ w. G.rc..c..R...> c..- . ~ i 533- ~ l~\ , 'GAL REGORDS TEL'-'j 240 1934, P.009 ' All'.LICATIOK PAGE 2 1.1ST OntEP. I!OSPI!AI. AND Ntli.SINCi !lOKES ~AST 60 DAYS' ~-..[ L~}~~%, ~ C.c..",,"e.A~ . . ~ DOES Al'PLICART HAVE A HISTORY 07 !!!N'rAI. RE.AI.TIl Tll.!A'I'MEN'1'1 ~ ~''.Q ~ \-.""":j \,.~......~ 1-\ r:".\.. NO. !W.LI'! INStlMNCE POLICY Ntm!DS: fJf.1I ?;. '75 M!:DIC.w Ihc;:;,-'1(..,-C)"'2,C;l ~ pf.6 ~./.f/fiJ:'JI :r"!:'5:. M!DICAID ~/K.. Bl.1:I1 !!:!lJl ~ ___ 7;/.(... FAC! onu;~~/U~IJ..A~. ~ G..cU-n..a(D ok LONG TEaM CAll! INStl1WlCE "":'1 Q t:; :: ;;// II'" /J( i t I YIlolIJA AftzA. '7JA:.. HNANCI.\L StAl'l1S; ~roJS /333.Zo ci/ru.rdry.;"','f- /~t. /?lY46e-rJ y~l~. /Ai;,i5 - 'f~.'$O socIAL sEc~.In~cr 1.:;"1/t), - ~K PiNSIO!l S j;.\ c.Olli Ah'NtiITY I:I'COM!: $ ~ om'll , ~ 0 ~'l. ASSEtS: /6,-- atJ~tj2l(d c:lt'fJa.S/f .', J-15'13/( , "t CHECK:::NG ;oCCom-BANI)/" /J)t?h1/;~,;J 1ft t!r~ 'I !;1i/rJI'lJo)towr $ Ul..;e- ~plV)'. /5.00- SAVING ACCOlmT-BANh'.... /lhm OU5 I-!t;(}r.t'f U/JlimJo)tOTJ'ST. ~ a.P't))'1J,X. ~~,oo:t CER'I'IF!CA'I!. OF DEPOSl'r:BANl 1\\ <"I~Cl A.lo!om s dJ II )!!:.o)f~h(JI2~H . . LIFE INSUWCE-CQMPAN'! _H,..C1. :FACE AMOUNT $ ~Q"':'E!. Il!.AL ESTAT::-I.OCAIION ,! ~ ~4!'! NA."!E ON DEED t>,,\ \ (:;. VAl.t"E , HAli!. ~ ASSt'!S BUN TlWlS!1:Rl'~ DUilING 'mE PAS'! 3.r1Wl.S1 LIS't' ASSET A1!D DAtE OF t'lWfS'FIP.. _ ' I/O ,..."""" ..:_ "lIE :;l. ;~""":"'~'~ 'Ii ",-r._ .,,\,,..,. ;-gAJ I l...".: , '.~ ' p" ~_ 0 -+ICl~ ~cx:..t~V oC-. ~ ~ i \ v~....\ \'"l\. <;,{s -"2.'7Qs c'"' ~S-I.toa I Adc~as8 \ Ialaphone # AU AlUWlGil'I!NtS P'iJ!-PA!.D7~iEs' flf?,{){) (i) (}e-/1I/I.(/oI7Soe/tfJ ~laas. in~l~d. copies of apprOpr~&t6 oards (Sooial Security. Madica.a, sec.). ~n1 addicional shales of paps: ~s.dsd eo axplain ine~rance iufo:mation. 1'11!&S8 add ,'lilK, - U 00 (MON) I j '28 CNRC t4'1u.'~.H 1m'rmg . 1__, ~ ,-. ~~ TEL:ili.>..tO 193.4 '" J ',~ p, OOj';) Cldremon~ N urslng llnJ Reha.bilUaHon Cen~€j[' Df Cu.nl"..l.",,1 CUllnhl Barry W. Parks, O.E<l.. N,H,A. t1d'mlniftF'GlDr ArMISS!ON ~ :;MOOFCOUNTY ~tU~14b~ COMMISSIONEIIS e iden Name Nancy,-\" 8!.srn orlJlrmGrJ Earl~. f<cU.r y/u Ora,"",," MaIN t.. MyeR Seo,.",,, jchn So Ward Chl.f a.r. P'nnl. Il Marlon Counry ttd'mlnUrrarar Horace ,... J0/1115"n SoJi:;lfJ.r As part of,~dmission to Claremont Nursing and Rehabilitation Center, the Reslaent and the Rssponsi:ble Party assisting the resident aclalowledge and agree t:o the following; 1. If Claremont: Nursing and Rehabili tation Center determines that the Resident is not appropriate or does not: qualify for nursing hane care, ~e Resid'=l'jl: will discharge frem Claremont Nursing and Rehabilltation C~nter following a 30 day nOtification of the need to make alternate living arrangements. : , 2. If the Resident cannot qualify for coverage 1lIlder the Medical Asslstance or Medicare programs, the Resident win pay daily rate for care at the nursing facility. 3. The Responsible Party (guarant:or) assures that: the Resident's bill will be paid frem the Resident's assets/funda. If t.lw Resident does not have personal fWlds or when personal furu:ls are eXhausted, the Responsible Part:y will malce application to mediCal .Assistance on behalf of the Resident.. If the Resident does not qualify for Medical Assistance f1lllding, the Responsible party will arrange discharge for tne Resident if the bill is not paid il1 a timely matter. 4. Unless otherwise provided for or designated, the Resident appoints the 'Administrator of Claremont Nursing and Rehabilitation center the Resident's laWfUl attorney, to ask, demand, sue for, collect, recover and receive all sums of money, debts, accounts, legacies, dues, bequests or any lather sums which are now or shall hereafter become due I owing, payable or telonqing to the Resident; draw cheCKS or drafts upon and withdraw f1lllds from any a=unts or deposits in which the Resident has any interest; sell, grant and convey the Resident's property, real and personal, for such price as the aetorney-in-fact deems test and to do all acts to do all acts to carry out these powers and I:c turn over ny money so collected or received to the Center to te held in trust for payment of the Resident's past or future mainter;ance, So long as there is any sum of money due the Center from the Resldent, the pcwer herain granted shall not be subject to revocation; nor shall this power be affected by the Resident's disability or incapacity, physical or mental. 5. The Resident authorizes Claremont Nursing and Rehabilital;ion center to releaSe lnronnati~n ~ono8rning their assets, real or personal, to the CIlmherland County Board of Assistance. . '" ~lnr"'" '" "'",..... · ",.,,,.,,,, · m.'"'''' .... r Continued... 717.240.!Q52 .~" 1(:nI\, -:,) , . uv ,MPIII l.l,:':~ 'tl~l\~ ~JILI ~Dg "" I ~~ I TEL'-'q 240 1934.. ~ . ~ '~IOIb.'i,,,,' .P.004 . '. Page 2 Admission Agreement 6. If the resident is being covered by the Medical Assistance Program, the Resiaent< ana ResponsUlle Party reccgni.ze that all 1ncone the Resident receives allring the IIlCnth of aamission, must be paid to the Claremont Nursing ana Rehablli tat<ion center, regarclless of the day of admission, tmless wiwa by the CUmberland Cot.Ulty Board of Assist;ance. The Resident and Responsible Party ac:knowledge that all future inCClle received by the Resident, while c:cvereCI under the Medical Assistance Program, must be paid to Claremont Nursing and Rehabilitation Center. Income not applied to charges for care will bEl placed in the Resit!ent gllBet Fund or refunded. . ~--'-' ~ G'()\>.\ sident ure or Mark: iit/llf-1';',J '06 .lcI~9{" Date ~s~ ~~-9.~~ ponsib part; Signature 05. /;1. tl~ Date J~~ ~ 6./t.}4( a 15:29 C IRC MEr~~AL RECORDS ;6.:Ji.~, TEL:iI7 lAD !9j4. P. 005 Cia.remonl NursIng and RehabdUaHon Cede!' , of C.....L...I...J eaun!..! Bo.....a Of c:oum c:oIilIlllSSlONW Nancy A. 8.scn Chaurnall I!.iltl II. Koller Wc:~ "'crinNIl1 Mitcla C. M)l.1'I S.."..", John So W&rcI r:1Iu:J err< 'Jcntli:l fl Martan c..nl)' MnIi.UII'IIIDI' Maute A.. JohNcll sall"tcr . !larry W. Parks,Il.Ed., C.N.a.A: Adnll~cl'Glar .. RESIlJElf'l' N.AMI!:: UStOENT N1OOIl!R: MIlDtCARE NUKBl!R: Marl';aret Buhore 3400 165-26-5399A STATEMENT OF AGREEMENT t. I hercby authorize the Claremont Nursing and Ranabi11tat10n Center of Cumberland County to provide ~edical and nursing services to ms. I further autharil:e the physician in charge of my care to administer any treatment or treatments that the physician ~ay deem necessary or advisable for my cate. II. I hereby release, remise, and discharge the Governing body, Clarl!lllDut Nursing and Rehabilitation Center of Cumberland County, its agsnts and employees of responsibility for the loss or damage to any money, j eweJl;~. glasses, dam:ures, documents and all other articlas retained in my possession. III. I hereby designate and transfer responsibility for my financial affairs to the Administrator of Claremont.Nursing and Rahabilit- ation Ceuter of Cumberland County. It is understood that all fin- ancial transactions made on my behalf will conform to applicable state and federal regulatione regarding residant funds. An account- ing .9r all financial transactions made on my behalf will be a"a11- able to me at least quarterly. IV. I acknowledge that I have been made fully aware of the Resident &ights both in discussion and by receiving a copy for my o.~ use. V. I acknowledge that I have been made fully aware of the Resident Responsibilities both in discussion and by receiving e copy for my own use. ..~:~ : ~ ,~;' ::",,;1:, :'A~:;AR:T 407 ~~~OR~,n3~~OT: 5-'4-1993 ,,: ... ,'" _ ". T ..., - ..' I. - /,-' SUI, ~ :IiRC ~ 375 Claremont Drive. Carlisle, P'" \7013-a805 . 717.H3-2031 or 717.766.1518 · Fax: 71'1.2~0.\q52 ...ut ..., il~ \',JUi11 1;:),'1... JIIAJ JIll ,AL kr.(;J~LJ ItL:J1l .lm4",,~,j-, ~ ' .' ~,,~ P. 006 -~ . ~ ^ t,., S'l'AtEMEtiT OF AGIl!l"JlENT Pase 2 .VI. I do authorize che r818as. of che follOWing informacion co voluncaars or organizations providing s8rviee to the ClareDone Nursing and Rahabl1icaCion Cenc8r of Cumbuland Dounty: Ralig10n. Vacarau Status, Birth. date, leapansi'lll. ( Person. VII. A photocopy of this document aball havs ehe same force, po~er snd affact &8 ch. arigiDa1. ~'~J \~1~ uardiau or llaspouaible ~ cionship) ..tf-I-f-ff !lace 9M~j}'J Witnsss Dsce ACCiPmCE or ADHnIISnATOR The Adminiacrator hareby accepcs responsibility for chs r'"/f-lr ~~~""'i~ AdministraCar affairs. Date ( 1. Authorization of Medical IresClent II. Relsllse from Reaponaib:Llity for Valuables r Deeignation of Administrator as II . ibIs for !ina.w::I.al Albin R"epoas IV. RaBid.nt R1ghts v. Ras1dsnt RSBpOUBib~ities' VI. Relsass of Informacion VII. Authorizat1an of Photo~opy a:: 'J' ., '~ ;... ;..- " I :f' , ".-'R~T ~:S'.;~fl::# :...""., - ~~:OflD O:c~< ._,~-1'i911 ,:_~:~!T ~~ ~ J C .:., ...t-19c,~ '- ~ . '. .. ~07 CI1RC ~ 1~)lJ(,-ll UUI&(O!'j IJ.:B '~RG l,N ~r . , I ~~ " I TEL:7'~ 240 1934 LAcmm~ A.:zAOola R_ I '...) ", ,-," .- LThfiTEDPOWEROFATTORNEY (With Dumble Pmvlslon) of TO...LLPlillSDN5,bcj'.......,1h"l. "fI\p..~ R.c.T-"? 'B.e':.\~~ .. GNN", do "...... """ "'" 11"" 'lJi!nllod .od 'PV"Jroc PI"'F or "''!!DIl' '0 ~ ,\ i b p.". \?:,E: ~ tl.~<; Dr ~.<;:, ~ "'....p,np.. cn.. ~'"\e.e \-t-o.l -1'... \1\1:' \ and eppolnl and CDll8l1tulc lafd Indlvrdutl ali my IlIonu:y-ln-r4CI. ;; My named ebamey-In.f=t .h.1I hIYfI full powarllltd wlbDrlt,. tatlJldatm. cammU Ind pcrf'omt only lba lollov.tlnl uti ~~7~~l~~i:~~:m-~;-;ytr.r.~- Tho ,,'''''lily ."".,.s .h.lllnc111dc ..dllncJdo.... .... u .".."""nably ""I"11<lI orncceUll)''' CIIIy OU'''d pr:IfUllll Ihc opcclnc ..lhoJiU"1IIId duU.. oIDlCd or COIllOIIIpIIIIod heldn. My ,n""ey.ln,"':1 ._ 10 .eapllhl. appaInllnam ..111... '" /t. '''''''. "'" '8,,"llll.0l .Dd rarenn In ..Id lido. dlfY capacity cDI\8lllau 'lIIhh my ~ hllcrutS III my' Iltnmlly.ln-&d deena IIdvlubl., IlI1d t lh~ rullY all QClI _Ill ClIln"i", .... J qRlCIlO I1llmtNnc my ~lomllr.ln.rlCll.lI r=u;godJll COllin "pm"" lncuned In In fulnUdlllJft1 or 1118 duUa and rc'polYlbllIlIcI enammlad hcn:ln. Spdll dunbtc p.......lana: TIll_ power or .DOrney .ball nol be .1T1l~ by IIIbleqvenr Inc-pndly af lbD Orwac:.1'h11 pawer of IUCIN)' ml, be revoked by (he Omntor giving wrIl1cn nDllcc a( n:lIat1don to lba auDrney~ln-f.ct. -pfOYh!1d Ibll .Ill pat)' telylns "'I pelf (.lIh QPon lhi, tJO"Ier or 111Omq' .haD be pfUlectc:d lInlell and andllllld puty b. cilb!r II) BCIull ar camtnJr:lIw nolice or lPDC8tlml. or b) 1I{"'II\ rBalrdlnlr Dr laid ra.wx:Bllm In Ihe public r=ords wI1_ Ibo GlIftlor rclIldca. OlherllmJI '{T"d&rOr F~i<J.l,po.~'( ,19'14. WUnc.. ""c or ~"" "'I 1 U"-IuA.. } Coon,yorc.u..'iY\b-e..\cuwl ~ () H-leS-I-e,.... l\Jd~ f1..bk. o. F.!:xJr 1LAr~ q I'l. 1'. bora...... t-o.... , ar!e.:t' i'. Be.. .n:: sppctVCd Ma..,- ( nmved 10 me on lhe bul. of utl.fDCtGry lwldctlc:e) 10 bit mlJ paI1Gn(I) whole namaCIlllllltlllUhlCl1ba;i perlOMlIy tntJUm ID or r.- II me dllt bcI.nrfthcy el1!CUlcd millime In hlllben\hclr lud1ori= caplICllyCIeI', and In the within 1"Il~mcnl t a~~kn) """hod, ....'n....l mOllllhcl ....30nCI'. Dr the enitty llf'an bchlllt or whleh Itlc pel1lDII(B) acta:l. cucua= th. by hlsAlcrJthlllr" anIIUl~" !lit I'" . the InltrumeftL WiTI'lllS '~:J"nd and om Amlfll~IUTI_PrudYeDd 10 TypoonD n\IIIIII~\t f _llrlalSOnl LnuraA. r';fltr, Nalll'Y Publl; Mld:::I&1lJWl'! PJ"JlIJ. Dau~I'1 ce.....')!' MV Cgmmh~l::In EJplre. M~~ 29. 1 PI'l! '.,o\l..:iol.'IiIMll~~. -....11.lIllln1ll11111l1"._--..Z;~-:- .;;:~t:"''''::r:: G ItoZ "'" II 1IlIIlIII,llIIr"""IIIt.-II(ar,l;d'parpU.IlldUIC. _......... . InnDGIIIII\.CMIllIIIII.....,.. yaQ_- wllhJU1l8Ctlndlll~I.,llllbitl'lnlll-rlll'lIl'l_Ill....._llf~,..l_ mall..taltor..unlllIJ. If....... (Re'I - tJt'~f;PN~/Ilr. Sltlf~d( /IPJ _ tJ"oJ 5e-K {'''~ ~~ 'A8' '1'b r r ~"",bt( ""a (Seal) h ~ ';;M P.OOi . SAlDIS HllffttlOWER &.W'luSAY AI~>lAW" 2liW.BlghSbeet CarlIsle, PA ~ VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. !l 4904, relating to unsworn falsification to authorities. Dated: /-1/-01 "-(\~~ ~ CAJIH1 Barry W:- Parks, Claremont Nursing and Rehabilitation Center of Cumberland County 11 SAlOIS SHUFF, FLOWER & LINDSAY AtTORNEYS-AT-LAW 26 W, High Slreet Carlisle, PA ~ '- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff v. : No.: 01-433 Civil Term PHILIP A. BESHORE, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of MARGARET P. BESHORE, Defendants : Civil Action-In Law CERTIFICATE OF SERVICE On this, the 15th day of March, 2001, I hereby certify that I served a true and correct copy of the foregoing Amended Complaint upon the following parties of record via United States Mail, postage prepaid, addressed as follows: Jarad W. Handelman, Esquire 134 Sipe Ave. Hummelstown, PA 17036 Attorney for Defendants SAlOIS, SHUFF, FL BY: itt, ..' I ! Ii ~!tJJl,uij':,,'-.L...~il!;oi~~~_l"ioWl<<<.il\JiI.~;;V:4IIMlilW~Iii'~"'~ ~6 ~')"';!"'.:r-<-,~, ?,,,,<_'~,,, _"'~""~""~ "~'.'~"_ ,,,~r_' ,~ ' ~" ;" """" - ,~ ' ~. " <~ -,,>-, -1IiI~"" ""'~"I rfl'" 1frtT~t?~ .~ ,-~ (") C ~- ~DJ cr,> -- --,~ ,...~ ,-:.:;: ~~-} )> z(") ~.O ~c 2: =< ."", '-,' --', ~ "-''''-S jjt " o " -=Ti .~ ,';','1 :;,::J ..,., (.n '11 :~ --: :.;-' C,,:'.l.. ."1"..) f::5~] t~r..t '~-j )~ =0 , ;r ~ '" ~ 0- SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS_AT'LAW 26 W, High Slreet Carlisle, PA '0 .- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff v. : No.: 01-433 Civil Term PHILIP A. BESHORE, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of MARGARET P. BESHORE, Defendants : Civil Action-In Law ACCEPTANCE OF SERVICE I, Jarad W. Handelman, Esquire, do hereby certify that I accept service of the Amended Complaint filed to the above-captioned action on behalf of the Defendants, Philip A. Beshore, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of Margaret P. Beshore. ~ \d'~ Jarad W. Handelman, Esquire Attorney for Defendant Date: 4 ('I/o I II Iii. ,', ;" 1r4iMl~~lt~~~;E;iI~lmj;,j-'lIimtldil~~~it.~tl!!Wi!i;;ikMtilW"~~~"'""" n~l1lil'w ,.~~ "~'r' ~-~" lltW] ~ ,<<'" '" . ~~ 0' ,~ ~_ ~.~,-,,~--.,",,-'~> . ~ ., '" ~'., ,'~..' ("'4'" '~l.!!il , ~ APR 1 0 2001 - 0 '-' :"J C -'n s: ~ "D C" -Cl rn rT' ::c:J z: '.y. ~~~:: C'J r:::c, ~c~,~ '5:(', f'..J ">-c .- =i :_Tl -< ['0 Co ~~ , :"';"'_~" ',' '.n"c~'...,1 On"~ ~__,-" ",,~. h'--r""" -J'. ,"'.; k' -.<' ',-~, _:,_,,0 _J. ,-- ".''''';,,1:,' -;"c_,;;:;-'<' '_'_",,)'. ; .' COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. PHILLIP A. BESHORE, Individually and as Guarantor, Attorney-in-Fact and Personal Representative of MARGARET P. BESHORE Defendants : NO. 01-433 CIVIL TERM : CIVIL ACTION - LAW NOTICE TO PLEAD To: Plaintiffs, County of Cumberland and Claremont Nursing and Rehabilitation Center, and their attorney, Joseph L. Hitchings, Esquire you ARE HEREBY NOTIFIED to fIle a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY, LLP ~~~ JARAD W. HANDELMAN, ESQUIRE Attorney J.D. #82629 - Dated: June 22, 2001 By: P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 Attorneys for Defendant, Phillip A. Beshore - ,'""_",,i,-1;c','r,_' ,..;, ''--, "-:;.", ,j',',':' . - >, ,.,-'-_1__', ;'-'";,~-",, " ,," , -. ,"' :1;-",,-''', ': :<i"-"-" COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. PHILLIP A. BESHORE, Individually and as Guarantor, Attorney-in-Fact and Personal Representative of MARGARET P. BESHORE Defendants : NO. 01-433 CIVIL TERM : CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, PHILLIP A. BESHORE, by and through his attorneys, James, Smith, Durkin & Connelly, LLP, and answers the Complaint of Plaintiffs, County of Cumberland and Claremont Nursing and Rehabilitation Center, and avers New Matter in response thereto as follows: 1. Denied. After reasonable investigation, the Defendant is without information sufficient to form a belief as to the truth of the allegations of paragraph one (1) and same are denied. 2. Admitted. 3. Admitted. 4. Admitted in part; denied in part. It is admitted that P. Beshore is the son of M. Beshore. The remaining averments of paragraph four (4) are conclusions of law 1: ","^ _ - ~,\ ' __ -t"",,,,.,;, -- ,". - "',1 "- ~ ~' ,- "I ;';~', '" -, '" - "I,~ to which no responsive pleading is required and strict proof thereof is demanded at trial. 5. Admitted in part; denied in part. It is admitted that M. Beshore made application on the day alleged. As to the remaining averments of paragraph five (5) pertaining to P. Beshore's status pertaining to his mother, the same are denied as conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 6. Denied as stated. It is admitted that M. Beshore was admitted. As to the remaining averments of paragraph six (6) pertaining to P. Beshore's status pertaining to his mother or the reasons for Plaintiff Claremont's admission ofM. Beshore, the same are denied as conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 7. Denied as stated. IT is admitted that M. Beshore entered into an admission agreement with Plaintiff Claremont. As to the remaining averments of paragraph seven (7) pertaining to P. Beshore's status pertaining to his mother or P. Beshore's role in the execution of the Admission Agreement, the same are denied as conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 8. Denied. The averments of paragraph eight (8) interpreting the provisions of the Admission Agreement are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. ~=-, _"_0_ _ "'--r._ ,-"",,,-, "'" ,_, _' _,"-CU-,,__ -, ',- ~",'.- -,'-hi"',~ ','''-~''",;''',^,"_. _'>-__~ '<I;":-,:,<,;,~\\;-- ~;,-;/-':;~-: 9. Denied. The averments of paragraph eight (8) interpreting the prpvisions of the Admission Agreement are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 10. Denied. The averments of paragraph ten (10) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 11. Denied. To the extent the averments of paragraph eleven (110 imply that any payment pursuant to the Admission Agreement is owed, same are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 12. Denied. The averments of paragraph twelve (12) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 13. Denied. The averments of paragraph thirteen (13) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 14. Denied. After reasonable investigation, the Defendant is without information sufficient to form a belief as to the truth of the averments of paragraph fourteen and same are denied. 15. Denied. The averments of paragraph fIfteen (15) assume some obligation on behalf of Defendant based on the alleged status of the Defendant pertaining to his mother and as such are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 16. Denied. The averments of paragraph sixteen (16) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. ... . -~ '~. J__ 1'>-, -,; ;" ____-<i-A~1_ ' - '-":-""1i;,_I',~,,"',, " ,,-.~- ":~'-_': >__ _0 17. Denied. The averments of paragraph seventeen (17) are conclusions of law to which no responsive pleading is required and strict proof thereof IS demanded at trial. 18. Denied. To the extent the averments of paragraph eighteen (18) assume some obligation on behalf of Defendant based on the alleged status of the Defendant pertaining to his mother, the same are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 19. Denied. The averments of paragraph nineteen (19) are conclusions oflaw to which no responsive pleading is required and strict proof thereof is demanded at trial. 20. Denied. The averments of paragraph twenty (20) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 21. Denied. The averments of paragraph twenty-one (21) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 22. Denied. To the extent the averments of paragraph twenty-two (22) suggest that Plaintiffs were entitled to such payments, the same are denied as conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 23. Denied. The averments of paragraph twenty-three (23) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. .'~_I__'~, _c'," ,~ ,',' "I --'-,----'^ - '"-iJ,k,.i/;';-0-"'~" 'L;J ':'Jc.:"j~_",-"i", ,~"" ,.--<-:: COUNT I BREACH OF CONTRACT 24. The answers in paragraphs one (1) through twenty-three (23) are incorporated herein by reference as if set forth in full. 25. Denied. The averments of paragraph twenty-fIve (25) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 26. Denied. To the extent the averments of paragraph twenty-six (26) are intended to support the allegations of the Complaint and P. Beshore's obligation to pay for such services, the same are denied as conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 27. Denied. The averments of paragraph twenty-seven (27) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 28. Admitted. 29. Denied. The averments of paragraph twenty-nine (29) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 30. Denied. The averments of paragraph thirty (30) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. <__,",:,~,,""'~'l,--"~ 'f.>_~ 'J-~",,,,>..,,,_, " ._",. -_'__,I"__''''''__o~-''''---'. . -'- ,',,,0-"'." i',.-Jt '-' ..,- _C-.''''''__~':___;;''~_~''(''__' ' . ,.'-. >i -:1 ~l 'j 31. Denied. The averments of paragraph thirty-one (31) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that his Honorable Court deny the relief ;1 :! !i requested and dismiss Plaintiffs' Complaint with prejudice. COUNT II QUANTUM MERUIT 32. The answers in paragraphs one (1) through thirty-one (31) are incorporated herein by reference as if set forth in full. 33. Denied. To the extent the averments of paragraph thirty-three (33) suggest that M. Beshore and/or P. Beshore owes Plaintiffs money for services rendered, such averments are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 34. Denied. The averments of paragraph thirty-four (34) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 35. Denied. The averments of paragraph thirty-five (35) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. . J ,-- , ~ -,' .'__" , I' '.- -, "......... -"'-.,.., ~" ", .1 '-~C .- -- ">,lo,, ,-~, <'C,,-'. ,~,~*.~s",,;,-,-' _'", '" ~"' ;j WHEREFORE, Defendant respectfully requests that his Honorable Court deny the relief requested and dismiss Plaintiffs' Complaint with prejudice. COUNT III CIVIL CONVERSION 36. The answers in paragraphs one (1) through thirty-fIve (35) are incorporated herein by reference as if set forth in full. 37. Denied. The averments of paragraph thirty-seven (37) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 38. Denied. The averments of paragraph thirty-eight (38) are conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. 39. Denied. The averments of paragraph thirty-nine (39) care conclusions of law to which no responsive pleading is required and strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that his Honorable Court deny the relief requested and dismiss Plaintiffs' Complaint with prejudice. '___k" . ...' "', " L.- __~ _ '= ~" ~__~"" --'y "".- ","-; 'r._--'_ "Y',',;;-,' . ,~' ,,-, "-'-~'o~t-"",\,-, < '-I""' 1-"'..-.\ -_- _"", '-';"'",~, .'.,'-,,,,,"'g -,';-1, "i-> j..c NEW MATTER 40. The answers and denials in paragraphs one (1) tbrough thirty-nine (39) are incorporated herein by reference as if set forth in full. 41. Plaintiffs' Complaint fails to state a claim upon which relief can be granted. 42. Plaintiffs failed to determine whether M. Beshore was qualified for nursing home care, Medical Assistance, or Medicare pro grams pursuant to the Admission Agreement plior to admitting M. Beshore to the facility. 43. Plaintiff Claremont failed to exercise the powers extended to it pursuant to paragraph four (4) of the Admission Agreement in the best interests ofM. Beshore in failing to ascertain, acquire, and/or secure medical benefits on behalf ofM. Beshore to cover the costs of the nursing care services alleged provided by Plaintiff Claremont. 44. Plaintiffs' claims are barred by Plaintiffs' failure to adhere to the provisions of the Admission Agreement with M. Beshore. 45. Plaintiffs' claims are premised on the rights ofM. Beshore as against P. Beshore. 46. Plaintiffs' lack standing to sue to enforce the rights ofM. Beshore. 47. M. Beshore was not covered by the Medical Assistance Program during her residency at PlaintitI Claremont's facility and as such paragraph six (6) of the Admission Agreement does not apply to P. Beshore's retention of income as alleged. ""-oJ ",,~;,,' -<.'~ _'A ,-,-" , ,'H~' 0""_' ' "':Co',,,-, " ,"--'~, _ '," 0 _~ '0' ;;;-'-<1 --,<-,.~, ,,","",' ,,- ,--..J=-:"', '''''''~,''''-<''-, '".c',,, ,",:~\fJ-,-,d;<:,.';'o",' ,.; 48. Plaintiffs are not a party to the Power of Attorney executed between M. Beshore and P. Beshore and as such cannot enforce the provisions thereof against P. Beshore. 49. Any outstanding account balance allegedly owed to Plaintiffs is due to Plaintiffs' failure to act or take action as necessary to secure the payment of such balance. 50. Plaintiffs' failed to exercise due diligence in the admission ofM. Beshore to the Plaintiff Claremont facility without fIrst ascertaining whether there were appropriate mediCal benefits and/or income to ensure payment of fees associated with M. Beshore's residency at the facility. WHEREFORE, Defendant respectfully requests that his Honorable Court deny the relief requested and dismiss Plaintiffs' Complaint with prejudice. Respectfully submitted, Dated: June 22,2001 JAMES, SMITH, DURKIN & CONNELLY, LLP BY-~ :'A'~ JARAD W. HANDELMAN, ESQUIRE Attorney J.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorney for Defendant, Phillip A. Beshore }. "' , ,I, ",~-~,:'-,--" ,- ,~;" "-0 , - 0," ,_,', ,-, ^ -' .",,--~, --"'":;;dl':""',,, ~',,'-., "-",,;;,,"'-~ ',c"__ h"",,:, , ~ ,-' o.'''''>'-~~_:."V0<SjL;'~'_;':'' ~- -,~ ;''':",,~ VERIFICATION The undersigned, JARAD W. HANDELMAN, ESQUIRE, of the firm of James, Smith, Durkin & Connelly ILP, Hershey, Pennsylvania, hereby certifies that the foregoing Answer With New Matter has been prepared by me by knowledge and information acquired during the course of my representation of Defendant, Phillip A. Beshore; that I execute this verification as a signature of said Defendant cannot be obtained in the time permitted for the filing of the Answer to Interrogatories; and that false statements herein are made suqject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. _~.J 2.:z.. f 0 \ DATE -=-'Yg~ JARAD W. HANDELMAN, ESQUIRE ~J '.' ,"__b'" L-,,-,,, , "'. ' ,-<'~ r." ",--'-,' "' ,., ' "'-..i' ,",' ~~'" ,'-'"'-k'--_'"'"""<''--".',:c",,,,,;;' . "-"'xl",' ~.' ,__ ,'''''--;,',f'";,,'-_.,,., ,'-" "'c~ ,'c::-,tt' -; ,,;_, CERTIFICATE OF SERVICE I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Answer With New Matter upon the following below-named individual(s) by depositing the same in the U.S. Mail,postage pre-paid at Hershey, Dauphin County, Penusylvania this 2200 day of June 2001. SERVED UPON: Joseph L. Hitchings, Esquire 26 West High Street Carlisle, PA 17013 -~:.. KOOQ JARAD W. HANDELMAN, ESQUIRE JAMES, SMITH, DURKIN & CONNELLY, LLP , _. -- "'~ ,~ . I , I \U' '1IP~ \ i :< e _~__ ----....;;;.;,-iEti.;,;_;;:~"'" , 1.2.:, , J...-'l____ /:r -j ~ o 0 -n '-\ --: -~ .-n < Ii';':; :"~tQ 1'.< i.~t . _.1 ~? .--=j "" '0 :...:; SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, plaintiff v. No.: 01-433 civil Term PHILIP A. BESHORE, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of MARGARET P. BESHORE, Defendants Civil Action-In Law REPLY TO NEW MATTER AND NOW, comes the Plaintiff, County of Cumberland, Claremont Nursing & Rehabilitation Center, by and through their undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and replies to Defendant's New Matter as follows: 40. Paragraphs 1 through 39 of Plaintiff's Complaint are incorporated by reference as if the same were more fully set forth at length herein. 41. The averments of Paragraph 41 constitute conclusions of law to which no responsive pleading is required. 42. Denied. It is denied that the Plaintiff's failed to determine whether M. Beshore was qualified for nursing home care, and by way of further answer, it was the Defendants obligation to make proper application to medical assistance or Medicare programs pursuant to the admission agreement. 43. Denied. See Answer to Paragraph 42 above. Ii SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSIATlLAW 26 W. High Street Carlisle, PA : . -, 44. Denied. Plaintiff's did adhere to the provisions of the admission agreement, however, Defendants did not. 45. Denied. Plaintiffs have their own rights of action against the Defendants. 46. Denied. See Answer to Paragraph 45 above. By way of further answer, Plaintiffs are not seeking to enforce the rights of M. Beshore, but rather to enforce their rights and the rights as set forth in the admission agreement. 47. Denied. M. Beshore was covered by the medical assistance program effective with Department of Public Welfare approval on February 1, 2000 and through the time of her death. Furthermore, it is believed and therefore averred that M. Beshore was eligible for coverage by the medical assistance program as early as the time of her admission. Had P. Beshore properly applied for medical assistance benefits and provided the required supporting information and documentation which was repeatedly requested by the Cumberland County Assistance Office. 48. Admitted in part and denied in part. While it is admitted that Plaintiffs are not a party to the power of attorney, it is denied that they cannot seek to hold P. Beshore for actions taken as personal representative, attorney in fact and guarantor for M. Beshore. 2 Ii ", SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle, P A ~. 49. Denied. The account balance owed to Plaintiffs is due to Defendants failure to abide by the admission agreement and provide the necessary funds for M. Beshore's care. 50. The averments of Paragraph 50 constitute conclusions of law to which no responsive pleading is required. To the extent that they are deemed factual in nature, same are denied and strict proof thereof is demanded at time of trial. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against the Defendants as set forth in Plaintiffs Complaint. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: 6-/r-~ ( L J h L. Hitchings, E ore A orney I.D. # 65551 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs 3 Ii :J"""""'J ,- -" '" ~~-"" ~, ',- .' , ,I , ~ ,'~ "~',,~ ~, 1---,- '&~ VERIFICATION I verify that the statements made in the foregoing Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.s. ~ 4904, relating to unsworn falsification to authorities. DATED: ~,<., 2ClG \ . !S~ > 'S)~~~~'''' Dr. Barry W\ Parks, D. Ed C Claremont Nursing & Rehabilitation ->"~, SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. PA ~ il .., CERTIFICATE OF SERVICE On this, the -16~ day of ~ u ~~-+-' 2001, I hereby certify that I ~ served a true and correct copy of the foregoing Reply to New Matter following parties of record via United States Mail, postage prepaid, addressed as follows: Jarad W. Handelman, Esquire 134 Sipe Ave. Hummelstown, PA 17036 BY: sr:~o~ II ~Jl;iOOll1l<iljiW [lE'J m~' __ 'n"~il~~~,ilt,l;jli~ ~ <'^~< .'-- -",--><,~- "," C~<-.'. IW:i ", ~.,~, ~ ~, .. " ~d:k:.. . () CJ ("' ,-j C --q s:: ,.. n_' U r.D ~ .--,.., m rn (fj Z::r.:-: 2::::['. , , ,"'" ~~'I.:' C,,";i /L, r..:C} -n ~'" i:c:. :r: () -+i ~-,;o ," ?''5 Pc !'-, ;::) rn '''''1 z: C) J-"> ~ :Xl .-J -< . ',",,;..ci NJ; '# ^''',~, L ~ . , ~- ,.~~ ... I . .- In The Court of Common Pleas of Cumberland County, Pennsylvania FileNo. 2001-00433 CUMBERLAND COUNTY OF ET AL vs BESHORE MARGARET P ESTATE OF E STATEMENT OF INTENTION TO PROCEED To the Court: .L:? r.c:.~~~p,G.s intends to proceed with the above captioned matter. Date: /~-,9.0~ -~~~~ Attorney for ~.:::;..09/Alff~~ . ~lIi1tJ' 'i "it !i.:ti.\@~~;.lili~r il.ljmJ' '-"'...,..oIIJ"'l~i:f:;l!ljl!l;l\{I~rn;ft~",'t,ilW,~:~~_. ~"-" -"-'~.~'tlI ~, lIlB ,.., oM" " Ii~ 0' """1,"",~ "" ,~ " - ~,,~~" ~",~-~-. --"'-0 ~-=~ ...., = c:::::ll -""" o (~ --; s;;; -.... ::C,I rTlp~ ,,'Urn ::00 01 ~C) -,--n "''''"'--r1 0.,- .,,0 rrn ,..) .--\ :E:: ::~ l"'.' ~....", =iE 9? c") 00 .". "\ ~" " !l!j ........" ~~ - . " ~~ - " ~"J,i- RECEIVED APR 2 7 2006 ~ COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff : IN THE COURT OF COM : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-0433 CIVIL TERM v. THE ESTATE OF MARGARET P. BESHORE AND PHILIP A. BESHORE : CIVIL ACTION - LAW Defendants ORDER OF COURT AND NOW, this .:U' day of +,,;) , 2006, upon consideration of the within Motion, Defendants, the Estate of Margaret P. Beshore and Philip A. Beshore, are ordered to provide answers to Plaintiffs Interrogatories and produce documents in response to Plaintiffs Request for Production of Documents within 30 days of service hereof. .4J J. ~lip A. Beshore, pro se 4075 Swatara Drive Oberlin, P A 17113 LJl'dward L. Schorpp, Esquire Corrunissioners Office 1 Courthouse Square ~ Carlisle, P A 17013 'I " G ',I ',I " 't COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 01-0433 CIVIL TERM v. THE ESTATE OF MARGARET P. BESHORE AND PHILIP A. BESHORE : CIVIL ACTION - LAW Defendants MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND NOW, comes the Plaintiff, County of Cumberland, by and tbroughits solicitor, Edward L. Schorpp, Esquire, who requests entry of an Order compelling Defendants to answer Plaintiff's interrogatories and produce documents upon the following: I. On December 7, 2005, Plaintiff served Interrogatories and a Request for Production of Documents upon counsel for the Defendants. 2. No answers or documents were forthcoming from Defendants, or either of them, by January 19,2006, whereupon Plaintiffs solicitor wrote to Defendants' counsel advising that he intended to move for sanctions if the discovery responses were not provided by January 31,2006; a copy of Plaintiff's solicitor's correspondence is attached hereto as Exhibit "A." 3. On January 30, 2006, Defendants' counsel requested a two-week extension of the deadline, which was granted. 4. No discovery responses were forthcoming thereafter, and on February 14,2006, Defendant's counsel advised Plaintiff's solicitor via electronic mail that Defendant Philip A. Beshore was in Arizona and requested an extension until the end of the week to provide responses. 5. Plaintiffs solicitorresponded to the February 14 message by granting a "reasonable time" to provide the discovery responses. , ~ ~ -'.,( 6. On March 3, 2006, Defendants terminated the services of their counsel. 7. On March 8, 2006, Defendants' counsel advised Plaintiffs solicitor that he was terminated and that he returned the clients' fIle materials to Defendants; a copy of this correspondence is attached hereto as Exhibit "B." 8. On March 9, 2006, Plaintiffs solicitor received correspondence directly from Defendants indicating that the name of new counsel would be provided within two weeks; a copy of this correspondence is attached hereto as Exhibit "C." 9. To the best of Plaintiffs solicitor's knowledge, Defendants have not retained new counsel as of the date of the fIling of this motion. 10. Defendants have not answered Plaintiffs Interrogatories, have not produced documents and have otherwise ignored Plaintiffs discovery requests. WHEREFORE, Plaintiff requests entry of an Order compelling Defendants to properly respond to Plaintiff s discovery requests within 30 days under penalty of the issuance of sanctions. Very respectfully submitted, ~<~/ Edward L. Scho p, EsqUlre Attorney J.D. No. 17495 Commissioners Office 1 Courthouse Square Carlisle, P A 17013 Telephone: (717) 240-6150 Cumberland County Solicitor DATE: April 27, 2006 . <,-, .-w.- , ~ ~ '~:1'-: VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsifIcation to authorities. ~.~~~~e Edward L. Sch'orpp, squire Dated: April 27, 2006 "'-"'->- ~. b ~ 't:j'l! COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA NO. 01-0433 CIVIL TERM v. THE ESTATE OF MARGARET P. BESHORE AND PHILIP A. BESHORE : CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document, Motion to Compel Answers to Interrogatories and Production of Documents, was served this date by depositing same in the Post Office at Carlisle, Pennsylvania, first-class mail, postage prepaid, addressed as follows: Philip A. Beshore 4075 Swatara Drive Oberlin, P A 17113 BY:-~~#~ Edward L. Schorpp, Esq. Dated:#~ Pi'?~ ''''' , , '" [ , [.., ~ ,', ,~" ,. ~ 1-:, If 1 COMMISSIONERS OF CUMBERLAND COUNTY Bruce Barclay Chairman Gary Eichelberger Vice Chairman Richard L. Rovegno Secretary January 19, 2005 Jarad W. Handelman, Esquire James, Smith, Durkin & Connelly, LLP PO Box 650 Hershey, P A 17033-0650 Re: County of Cumberland v. Philip Beshore Dear Attorney Handleman: On December 7, 2005, I served you with Interrogatories and a Request for Production of Documents addressed to your client, Philip Beshore. We have not received a response. If the answers and documents are not forthcoming by January 31, I intend to move for sanctions. If you or your client reasonably require more time beyond that date, kindly contact me to discuss this matter. Very truly yours, ~ Edward L. Schorpp County Solicitor 1 L::':' II ,. c:::'X;t,/"BI', /9 One Courthouse Square 4 Carlisle, PA 17013 '*' 717.240.6150 '*' Fax:240-6448 E~mall: commissloners@ccpa.net '*' Web: www.ccpa.net '" .- 1 "~'_ ]AMEs SMlIH DlErrERICK & CoNNELLY ILl' Jarad W. Handelman iwMuisdc.com Fax: 717.533.2795 March 8, 2006 Edward L. Schorpp County Solicitor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Claremont Nursing Home v. Beshore Dear Mr. Schorpp: Please be advised that Philip Beshore has terminated my representation of him in the above-referenced matter effective Monday, March 6, 2006. Mr. Beshore has indicated that he is retaining new counsel to represent him in the case. I have retumed all file materials to Mr. Beshore as of Thursday, March 9, 2006. Contemporaneously with the provision of the file to Mr. Beshore, I have provided him correspondence which makes it very clear that the discovery is overdue and that but for your professional courtesies extended to me in this matter the discovery should have already been provided and/or compelled by the court. Accordingly, I have advised Mr. Beshore that the discovery is of the utmost importance and should be the fIrst priority of his new counsel once counsel is retained. I have advised him to retain counsel immediately and to immediately address the discovery matters with you. I thank you for the professional courtesies you extended me in this case and apologize that I will not be able to assist in the amicable resolution of the case. Should you require any additional information from me, please do not hesitate to contact me. Otherwise, please contact Mr. Beshore directly at his home address: 4075 Swatara Drive, Steelton, PA 17113; and his home telephone number: (717) 564-7080. Very truly yours, 5~~Y~ J arad W. Handelman JWH:smg cc: PhilipA. Beshore 6""/.I!i'/r ':6>" ~ .' . ' " '~&J 111\. "11.11. I" J2))( p,o, BOX 650 HERSHEY. PA 17033 Courier Address: 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL. 717.533.3280 WWW.JSDC.COM GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE MAITHEW CHABAL, III GREGORY K. RICHARDS SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YAHN COURTNEY L. KISHEL KIMBERLY A. DEWITT OF' COUNSEL: BERNARD A. RYAN, JR. HERSHEY, PA i "~'-~ , _" "'" ~ I' - -'" ' ~- . " "' ',,-.....:.. ' '" .c_, ' ":"'i; Yv\ ~ ~ )"lvCDb ('{9CL=:"11 33 ('" CI -r-"..... A~. I U:t:_"._'__ _,__._..~~____\..,'~.~,--~"""~"---"--~-----.....-,--'"-,----_~'__'_~_~_'_'__'_.'.'_~__ ~~ ~~_..._~_.__._._..__... _." _~___ ~....~..-.--m nm~~_~__.~_..___~_ .____~_~_n_._.m.______~___._~__._.~_.__~____~_.____.._ " . ., ..m .-__ m~ .-----..-~-~... .....-- --~.----- --.---- ---J---..--- . __~_____"__'__"____'_"____~_'~___,,_______~_____ ---'.. .-- -"-'~-"'.~t;....---.-_-._~~---.---.------------~-~~.---- . .... ..._..._~.._~._.~._...._~- .._. {;L_~_ _... ___~_~~_~. ____~ '___'__ ,__ __ ~ -- ~ \\ ~ ~ ... ........ __~~_~__n___ --_.~~~~~~.~_._~~---_..- \ ___n~ .... ____ _ G. <J..,QJ~-~---~---~;c -='~--^"xre~-W:--- ~---_.~...~(~ . I ..~. ..~~._..A.~"-,-------..~_. ....-..----.---~ .~~ "',L-__' ~ ___~- .-~~~~~-.~--- ~~.--..~--- --~--~__"-~crL_- ~. ........--..--... ..~.~.\ ..... ~ "f\~~ ..... .~.. '. J~ ......._.... ..... ~ ~~ ---"'t -.~."'~'" .~-~~~-~--- ...~.......- . _ :93 _ ~ ~-~-~i:~~~. ._ . ._.......~.....:\L........._.. ....~..._____...--...-_.-----... . - ,~ I' Gt"Y/e1.-'T C i,~;o, ~~ ,., l'-~ ',,-. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COUNTY OF CUMERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff v. No. : 01-433 Civil Term PHILIP A. BESHORE, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of MARGARET P. BESHORE, Defendants Civil Action-In Law PRAECIPE Please enter my appearance on behalf of the Plaintiff and mark the within action settled and discontinued. ~ #~~~~--- Edward L. Schorpp, Esqmre County Solicitor Date: c7Z/.t. y /~ ~ ~_.' _~~iliflfil;~",~,j,ffii&~;.;j,-Jt&;ta<"{H_\i;;",,,,,,,,:\,'\e!:l'"'f',!<:,(.f'~~"a;;,1ll:\#""'~o!t.-"-;;,;~<flIIii!lIlIll~2lil;l!Ilii~~I!ilI. ~I'""'" -- ,~ ,'~, ,,, , ,~~ ~"~__o__,",, 5" /:-" . j3f,pL-- ""-" '1. ,:il!ijt ."~ ,< ", '11i , ,. -I f-<:l c:~ C:::J ,~ 1'''':' -\.-: c__) C'D ,J? COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff if{F .. ,,I ) \ APR 2 7 Z006 IN THE COURT OF COM~)h~t;EPiS.OPc.'--'. CUMBERLAND COUNTY, PENNSYLVANIA ~ NO, 01-0433 CIVIL TERM v, THE ESTATE OF MARGARET p, BESHORE AND PHILIP A, BESHORE : CIVIL ACTION - LAW Defendants ORDER OF COURT AND NOW, this "-6' day of 1Ir",'1 , 2006, upon consideration of the within Motion, Defendants, the Estate of Margaret p, Beshore and Philip A, Beshore, are ordered to provide answers to Plaintiffs Interrogatories and produce documents in response to Plaintiffs Request for Production of Documents within 30 days of service hereof. .4d J. ~Iip A. Beshore, pro se 4075 Swatara Drive Oberlin, P A 17113 vfdward L. Schorpp, Esquire Commissioners Office I Courthouse Square ~ Carlisle, PA 17013 COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-0433 CIVIL TERM v, THE ESTATE OF MARGARET p, BESHORE AND PHILIP A, BESHORE Defendants : CIVIL ACTION - LAW MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND NOW, comes the Plaintiff, County of Cumberland, by and through its solicitor, Edward L. Schorpp, Esquire, who requests entry of an Order compelling Defendants to answer Plaintiffs interrogatories and produce documents upon the following: 1, On December 7,2005, Plaintiff served Interrogatories and a Request for Production of Documents upon counsel for the Defendants, 2, No answers or documents were forthcoming from Defendants, or either of them, by January 19,2006, whereupon Plaintiffs solicitor wrote to Defendants' counsel advising that he intended to move for sanctions if the discovery responses were not provided by January 31, 2006; a copy of Plaintiff s solicitor's correspondence is attached hereto as Exhibit "A," 3, On January 30, 2006, Defendants' counsel requested a two-week extension of the deadline, which was granted, 4, No discovery responses were forthcoming thereafter, and on February 14, 2006, Defendant's counsel advised Plaintiffs solicitor via electronic mail that Defendant Philip A, Beshore was in Arizona and requested an extension until the end of the week to provide responses, 5, Plaintiffs solicitor responded to the February 14 message by granting a "reasonable time" to provide the discovery responses, 6, On March 3, 2006, Defendants terminated the services of their counsel. 7, On March 8, 2006, Defendants' counsel advised Plaintiffs solicitor that he was terminated and that he returned the clients' file materials to Defendants; a copy of this correspondence is attached hereto as Exhibit "B," 8, On March 9, 2006, Plaintiffs solicitor received correspondence directly from Defendants indicating that the name of new counsel would be provided within two weeks; a copy of this correspondence is attached hereto as Exhibit "C," 9, To the best of Plaintiffs solicitor's knowledge, Defendants have not retained new counsel as of the date of the filing of this motion, 10, Defendants have not answered Plaintiffs Interrogatories, have not produced documents and have otherwise ignored Plaintiff s discovery requests, WHEREFORE, Plaintiff requests entry of an Order compelling Defendants to properly respond to Plaintiffs discovery requests within 30 days under penalty of the issuance of sanctions, Very respectfully submitted, ~~f~ Edward 1. Scho p, EsqUire Attorney LD, No, 17495 Commissioners Oftice 1 Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6150 Cumberland County Solicitor DATE: April 27, 2006 VERIFICA nON I verifY that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S,A. ~4904, relating to unsworn falsification to authorities, -~~~e Edward L. Schorpp, squire Dated: April 27, 2006 COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-0433 CIVIL TERM v, THE ESTATE OF MARGARET p, BESHORE AND PHILIP A, BESHORE : CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document, Motion to Compel Answers to Interrogatories and Production of Documents, was served this date by depositing same in the Post Office at Carlisle, Pennsylvania, first-class mail, postage prepaid, addressed as follows: Philip A. Beshore 4075 Swatara Drive Oberlin, PAl 7113 By:- ;J~~~ Edward L. Schorpp, Esq, Dated:d~ .;;:i';;:~ COMMISSIONERS OF CUMBERLAND COUNTY Bruce Barclay Chairman Gary Eichelberger Vice Chairman Richard L. Rovegno Secretary January 19, 2005 Jarad W, Handelman, Esquire James, Smith, Durkin & Connelly, LLP PO Box 650 Hershey, P A 17033-0650 Re: County of Cumberland v, Philip Beshore Dear Attorney Handleman: On December 7,2005, I served you with Interrogatories and a Request for Production of Documents addressed to your client, Philip Beshore, We have not received a response, If the answers and documents are not forthcoming by January 31, I intend to move for sanctions, If you or your client reasonably require more time beyond that date, kindly contact me to discuss this matter. ~~%~~ Edward L. Schorpp County Solicitor ~ u u c:::'X#ntN r /9 One Courthouse Square 4" Carlisle. PA 17013 >>' 7]7-240-6150 '*' Fax: 240-6448 E-mail: commissioners@ccpa.net <i> Web: www.ccpa.net jAMFs SMITH DiEITERICK & CONNELLY LLP Jarad W. Handelman iwhla1isdc.com Fax: 717.533,2795 March 8, 2006 Edward L. Schorpp County Solicitor Cumberland County Courthouse One Courthouse Square Carlisle,PA 17013 Re: Claremont Nursing Home v. Beshore Dear Mr. Schorpp: Please be advised that Philip Beshore has terminated my representation of him in the above-referenced matter effective Monday, March 6, 2006, Mr. Beshore has indicated that he is retaining new counsel to represent him in the case, I have returned all file materials to Mr, Beshore as of Thursday, March 9, 2006, Contemporaneously with the provision of the file to Mr, Beshore, I have provided him correspondence which makes it very clear that the discovery is overdue and that but for your professional courtesies extended to me in this matter the discovery should have already been provided and/or compelled by the court, Accordingly, I have advised Mr. Beshore that the discovery is of the utmost importance and should be the first priority of his new counsel once counsel is retained, I have advised him to retain counsel immediately and to immediately address the discovery matters with you, I thank you for the professional courtesies you extended me in this case and apologize that I will not be able to assist in the amicable resolution of the case, Should you require any additional information from me, please do not hesitate to contact me, Otherwise, please contact Mr. Beshore directly at his home address: 4075 Swatara Drive, Steelton, P A 17113; and his home telephone number: (717) 564-7080, Very truly yours, ~~~YUP Jarad W, Handelman JWH:smg cc: Philip A. Beshore 6tl,1'''$/;r- ':a-" 1\\\ "~I I 1'1 " JS'}( PO BOX 650 HERSHEY. PA 17033 Courier Adcjf[1s~; 134 SIF'E AVC:NUE f jUMMlCLSTOWN, PA 17036 TEL,717.ti3J.32[jO WNW"JSDC,(..:OM GARY L. JAMES MAX J. SMITH, JR JOHN J. CONNELLY, JR. SCOTT A DIETTERICK JAMES F. SPADE MATTHEW CHABAL, III GREGORY K. RICHARDS SUSAN M. KADEL JARAO W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YAHN COURTNEY L. KISHEL KIMBERLY A DEWITT OF COUNSEL BERNARD A RYAN, JR HERSHEY, PA 'N\ ~ ~ :h,~ \N.D ()l_o+;,3 ~\"~ > \~~~J&.%~ , ' \ ~~~~~,~ ~~>>-~ ~~., rr$~~~ ~~ \~ ~ ~~_.J' ~~~ A jvS~_9.r . ~ c:.~..9- ~~ ,...--' ~;;::~ ~ ~~~~'\ ~- \~~~~~n . ~~. \.:) -p;, ~7 ==-' ~~ \''Z-~~.~ (>Q '.' 'l\.~ ~. ... ~,:: ,~ , ~ 0- ti\.E. ~ c..'?\"-, (,,0~ r~., "<'1\""'" IS\'\1g ~)v.J -~\ ~, " ~~_ ~~:J=, cc"-''' ~ .~~~~~ ~ ~~fi~~' \~:s~~~~~0C - II ,. Go+'/8/T C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COUNTY OF CUMERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff v, No, : 01-433 Civil Tenn PHILIP A. BESHORE, Individually, and as Guarantor, Attorney-in-Fact and Personal Representative of MARGARET p, BESHORE, Defendants Civil Action-In Law PRAECIPE Please enter my appearance on behalf of the Plaintiff and mark the within action settled and discontinued, ~;jI'~~(~ Edward 1. Schorpp, EsqUire County Solicitor Date: c/ZI..c y /~ ~ r0 (,-J C)