Loading...
HomeMy WebLinkAbout01-04311 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, Plaintiff, No. U 1 - ~ ~ ~ 1. LU ~~~~~ v. EDWARD S. REDMAN and MARY R. SCHINDLER, Civil Action -- Law Defendants. NOTICE TO DEFEND 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, Pennsylvania 1'7013 Telephone Number (71'~ 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, No. d l- y 3 l/ C.fwiN `J~.u-~- Plaintiff, v. EDWARD S. REDMAN and MARY R. SCHINDLER, Civil Action -- Law Defendants. COMPLAINT Plaintiff, Commonwealth of Pennsylvania, by and through the Office of Inspector General, brings this action against the Defendants and, in support thereof avers as follows: Plaintiff, the Office of Inspector General, is an agency of the Commonwealth of Pennsylvania with its executive offices at 333 Market Street, 9th Floor, Harrisburg, Dauphin County, Pennsylvania. 2. Plaintiff is the Commonwealth agency responsible for investigating welfare fraud and performing collection activities in programs, including medical assistance and long-term nursing care, administered by the Department of Public Welfare, -1- Commonwealth of Pennsylvania. Defendant Edward S. Redman is an adult individual who resides at Claremont Nursing Home, 375 Claremont Drive, Carlisle, Cumberland County, Pennsylvania. 4. Defendant Mary R. Schindler is an adult individual who resides at 820 Lisburn Road, Apartment 509, Camp Hill, Cumberland County, Pennsylvania. At all times relevant to this complaint, Defendant Schindler was Defendant Redman's power of attorney and personal representative. 6. On or about June 27, 1996, Defendant Redman, through Defendant Schindler, applied to the Commonwealth for medical assistance benefits. 7. Defendant Schindler signed the medical assistance application as the personal representative of and power of attorney for Defendant Redman. 8. Based on the information provided in the medical assistance application, the Commonwealth authorized the payment of medical assistance benefits to Defendant Redman effective June 30, 1996. 9. In or about October 1996, the Commonwealth discovered that Defendant Redman's available resources included ownership of an unreported Harris Savings Bank account number 01-00-014652, which, when it was closed on May 20, 1996, had a balance of $25,544.57. 10. Neither Defendant Redman nor Defendant Schindler reported the ownership or transfer of the Harris Savings Bank account on the medical assistance -2- application. 11. In or about January 1997, the Commonwealth received documentation indicating that Defendant Schindler, as power of attorney for Defendant Redman, had withdrawn $20,000 from Defendant Redman's Harris Savings Bank account on May 20, 1996. 12. The Commonwealth also received documentation indicating that Defendant Schindler, as Defendant Redman's power of attorney, had transferred $5,544.57 to an unknown bank account on May 20, 1996. 13. The failure to report the existence of the Harris Savings Bank account created an overpayment of medical assistance to Defendant Redman. 14. In or about February 1997, the Commonwealth contacted Defendant Schindler seeking recovery of an $11,383.40 medical assistance overpayment claim for medical assistance incorrectly paid to Defendant Redman as a result of the undisclosed ownership of the Harris Savings Bank account. 15. In or about February 1997, Defendant Schindler paid the Commonwealth $2,000 toward its medical assistance overpayment claim. 16. In or about July 1997 Defendant Schindler agreed to make monthly $100 payments toward the Commonwealth's overpayment claim. 17. Defendant Schindler made four payments of $100 and one payment of $200 to the Commonwealth. 18. Defendant Schindler sent a check for $50 dated February 13, 1998, to the -3- Commonwealth. 19. Defendant Schindler stopped payment on the check dated February 13, 1998. 20. In or about June 1998, Defendant Schindler agreed to make $50 payments toward the Commonwealth's overpayment claim. 21. Defendant Schindler has not made any other payments to the Commonwealth. 22. To date, Defendant Schindler has paid the Commonwealth a total of $2,600 towards its overpayment claim. 23. The Commonwealth has provided more than $150,000 in monthly medical assistance benefits to Defendant Redman since June30, 1996, and anticipates continuing to provide monthly benefits to Defendant Redman in the future. 24. Despite repeated demands, Defendant Schindler and Defendant Redman refused and continue to refuse to satisfy the Commonwealth's medical assistance overpayment. COUNTI Commonwealth of Pennsylvania v. Defendant Edward Redman Medical Assistance Reimbursement Claim -Unreported Property 25. Paragraphs 1 through 24 are incorporated herein by reference as if fully'set forth. 26. At the time Defendant Redman applied for medical assistance benefits, -4- Department of Public Welfare regulations provided that an individual would qualify for medical assistance benefits if that individual's assets did not exceed $2,000. 27. Approximately one month prior to his application for medical assistance benefits, Defendant Redman possessed a Harris Savings Bank account that totaled $25,544.57. 28. Neither Defendant Redman nor Defendant Schindler reported the existence of the Harris Savings Bank account to the Commonwealth. 29. As a condition of eligibility for medical assistance, the recipient or the person acting on his behalf has a duty to take reasonable steps to obtain and make available potential resources to which he is, or may be, entitled unless he can show good cause for not doing so. 30. A person applying for or receiving medical assistance has an obligation to report his resources and changes in circumstance to the Department of Public Welfare, including all assets, income, resources, joint ownerships, and transfers of property held within 36 months of his application and all other information affecting his eligibility for medical assistance benefits. 31. The failure to report the Harris Savings Bank account created a medical assistance overpayment. 32. If a recipient of medical assistance who would have been ineligible for medical assistance possessed unreported real or personal property in excess of the amount permitted by law, the Commonwealth is required to seek repayment of the overpayment -5- from the recipient, the person receiving or holding such property, the recipient's estate and/or survivors benefiting from receiving such property. 62 P.S. § 1408 (c)(6)(i). 33. Despite demand, Defendant Redman has not made his unreported real or personal property available for repayment of medical assistance provided by the Commonwealth. 34. Despite demand, Defendant Redman has not repaid the Commonwealth for the payment of medical assistance although he possessed excess unreported personal property approximately one month prior to his application for benefits. WHEREFORE, the Plaintiff respectfully requests that judgment be entered against Defendant Redman, jointly and severally, in the amount of $8,783.40, plus interest and costs. COUNT II Commonwealth of Pennsylvania v. Defendant Edward Redman Unjust Enrichment 35. Paragraphs 1 through 34 are incorporated herein by reference as if fully set forth. 36. The Commnonwealth has provided more than $150,000 in medical assistance benefits to Defendant Redman since approving his application for benefits effective June 30, 1946. 37. Defendant Redman failed to report to the Commonwealth his ownership of the Harris Savings Bank account, which had a balance of $25,544.57 approximately one month prior to Defendant Redman applying for medical assistance benefits. -6- 38. In reliance on the information provided on Defendant Redman's application, the Commonwealth authorized medical assistance payments for Defendant Redman's benefit. 39. Defendant Redman was not entitled to receive medical assistance benefits because of his ownership of the Harris Savings Bank account within 36 months of his application. 40. To the extent that Defendant Redman received medical assistance benefits to which he was not entitled, Defendant Redman has become unjustly enriched at Plaintiffls expense. WHEREFORE, the Plaintiff respectfully requests that judgment be entered against Defendant Redman, jointly and severally, in the amount of $8,783.40, plus interest and costs. COUNT III Commonwealth of Pennsylvania v. Defendant Mary Schindler Medical Assistance Reimbursement Claim -Unreported Resources 41. Paragraphs 1 through 40 are incprporated herein by reference as if fully set forth. 42. At the time Defendant Redman applied for medical assistance benefits, Department of Public Welfare regulations provided that an individual would qualify for medical assistance benefits if that individual's assets did not exceed $2,000. 43. Approximately one month prior to his application for medical assistance benefits, Defendant Redman possessed a Harris Savings Bank account that totaled -7- $25,544.57. 44. Neither Defendant Redman nor Defendant Schindler reported the existence of the Harris Savings Bank account to the Commonwealth. 45. As a condition of eligibility for medical assistance, the recipient or the person acting on his behalf has a duty to take reasonable steps to obtain and make available potential resources to which he is, or may be, entitled unless he can show good cause for not doing so. 46. A person applying for or receiving medical assistance has an obligation to report his resources and changes in circumstance to the Department of Public Welfare, including all assets, income, resources, joint ownerships, and transfers of property held within 36 months of his application and all other information affecting his eligibility for medical assistance benefits. 47. Approximately one month prior to applying for medical assistance benefits for Defendant Redman, Defendant Schindler, as Defendant Redman's power of attorney, withdrew $20,000 from Defendant Redman's Harris Savings Bank Account. 48. Approximately one month prior to applying for medical assistance benefits for Defendant Redman, Defendant Schindler, as Defendant Redman's power of attorney, transferred $5,544.57 to an unknown account. 49. The failure to report the Harris Savings Bank account created a medical assistance overpayment. 50. If a recipient of medical assistance who would have been ineligible for -8- medical assistance possessed unreported real or personal property in excess of the amount permitted by law, the Commonwealth is required to seek repayment of the overpayment from the recipient, the person receiving or holding such property, the recipient's estate and/or survivors benefiting from receiving such property. 62 P.S. § 1408 (c)(6)(i). 51. Despite demand, Defendant Schindler has not made Defendant Redman's unreported real or personal property available for repayment of medical assistance provided by the Commonwealth. 52. Despite demand, Defendant Schindler has not repaid the Commonwealth for the payment of medical assistance although she possessed Defendant Redman's excess unreported personal property. WHEREFORE, the Plaintiff respectfully requests that judgment be entered against Defendant Schindler, jointly and severally, in the amount of $8,783.40, plus interest and COSYS. COUNT IV Commonwealth of Pennsylvania v. Defendant Mary Schindler Unjust Enrichment 53. Paragraphs 1 through 52 are incorporated herein by reference as if fully set foirth. 54. The Commonwealth has provided more than $150,000 in medical assistance benefits to Defendant Redman since approving his application for benefits effective June 30, 1996. 55. Neither Defendant Schindler nor Defendant Redman reported to the -9- Commonwealth Defendant Redman's ownership of the Harris Savings Bank account, which had a balance of $25,544.57 approximately one month prior to Defendant Redman applying for medical assistance benefits. 56. In reliance on the information provided by Defendant Schindler on Defendant Redman's application, the Commonwealth authorized more than $150,000 in medical assistance payments for Defendant Redman's benefit. 57. Defendant Redman was not entitled to receive medical assistance benefits because of his ownership of the Harris Savings Bank account within 36 months of his application. 58. To the extent that Defendant Schindler received the proceeds of Defendant Redman's Harris Savings account, Defendant Schindler has been unjustly enriched at the Plaintiff s expense. WHEREFORE, the Plaintiff respectfully requests that judgment be entered against Defendant Redman, jointly and severally, in the amount of $8,783.40, plus interest and costs. COUNT V Commonwealth of Pennsylvania v. Defendant Mary Schindler Breach of Contract 59. Paragraphs 1 through 58 are incorporated herein by reference as if fully set forth. 60. In or about July 1997, Defendant Schindler sent the Commonwealth a letter stating that she would make monthly $100 payments to the Commonwealth to satisfy the -10- Commonwealth's overpayment claim. A true and correct copy of Defendant Schindler's July 1997 letter is marked Exhibit "A," attached hereto and incorporated by reference. 61. On or about August 11, 1997, the Commonwealth accepted Defendant Schindler's offer to make monthly payments of $100 until the Commonwealth's claim was paid in full. A true and correct copy of the Commonwealth's August 11, 1997 letter is marked Exhibit "B," attached hereto and incorporated by reference. 62. After making two $100 monthly payments and one $200 payment, Defendant Schindler sent a check to the Commonwealth for $50, dated February 13, 1998. 63. Defendant Schindler stopped payment on her check for $50, dated February 13, 1998. 64. In or about June 1998, Defendant Schindler verbally offered to make $50 a month payments toward the Commonwealth's overpayment claim. 65. The Commonwealth accepted Defendant Schindler's offer to make $50 monthly payments. A true and correct copy of the Commonwealth's letter dated July 2, 199&, is marked Exhibit "C," attached hereto and incorporated herein by reference. 66. Defendant Schindler has paid the Commonwealth a total of $2,600 toward its overpayment claim. 67. Despite demand, Defendant Schindler has not made any other payments to the Commonwealth. WHEREFORE, the Plaintiff respectfully requests that judgment be entered against -11- Defendant Schindler, jointly and severally, in the amount of $8,783.40, plus interest and costs. Jam.. s ectfully bmitted, obert J. DeSousa Inspector Ge, eral r Z1A2 By Susan ensel OFFICE OF GENERAL COUNSEL Assistant Counsel to Office of Inspector General Attorney I.D. No. 80733 Counsel for Plaintiff 333 Market Street, 9th Floor Harrisburg, Pennsylvania 17126-0333 (717)787-6835 Date: July 12, 2001 -12- EXHIBIT A 4,; r,. :. ~~ .~~ ~~~G~~~-~~'d -,.e?~~~------ ~' _ -y~~ '"~`~ ---- - ;, ~H' •- -- Via?- ~o ~ ~~ -- ----------- ~~~ ---~~ - -- r-1L~-y-~_-- ------------- ~~ ~,~ ~/~ . moo' , DD __. ~~. ~o~ h /!-+~ ~. #iy t JWT ~~;~ ~ ~ p.: ,, //0 - .. ~/ -- v EXHIBIT B COMMONWEALTH OF PENNSYLVANIA OFFICE OF INSPECTOR GENERAL August 11, 1997 333 ~,~ ~ HARRISBURCa, PA 17126.0333 717-767.6835 via Certifted Mail Mary Schindler 121 November Drive #3 Camp Hill, Pennsylvania 17011 RE: Edward S. Redman Case No. 21-0078494 Dear Ms. Schindler: The Office of Inspector General (OIG) received your letter on July 11, 1997, in which you included a money order #8651918082 in the amount of $100. On August 4, 1997, the OIG received another money order #02-130326613 in the amount of $100. Thank you for the two payments toward restitution. The Commonwealth's claim is currently $9,183.40. Furthermore, the OIG accepts your offer to make monthly payments of $100 until the Commonwealth's claim is paid in full. If you fail to make timely payments, the Commonwealth shall seek the remaining balance on its claim. Until you receive a payment book from the Commonwealth, the monthly payments shall be made by a check or money order payable to the "Commonwealth of Pennsylvania" and mailing it to the attention of Nicolette Parisi, Inspector General, Office of Inspector General, 333 Market Street, 9th Floor, Harrisburg, Pennsylvania 17126-0333. Please write the above case number on the check and be advised that checks with "full and final settlement "noted on it will be rejected. I enclose some self-addressed, stamped envelopes for your convenience when making payments to the Commonwealth. If you do not understand your obligation as set forth in this letter, you should Contact a lawyer. Mary Schindler -2- August 11, 1997 RE: Edward S. Redman If you have any questions I can be reached at (717) 787-6835. Sincerely, Jason J. Huh Staff Attorney Enclosures EXHIBIT C n yi, r F~^ ^~~ COMMONWEALTH OF PENNSYLVANIA OFFICE OF INSPECTOR GENERAL 333 MARKET STREET July 2, 1998 HARRISBURG, PA 17126-0333 717-787-6835 Via Certified Mail Mary Schitdler 123 November Drive #3 Camp Hill, Pennsylvania 17011 RE: Edward S. Redman Case No. 21-0078494-PA Dear Ms. Schindler: I am writing in response to our telephone conversation on June 30, 1998, regazding the Commonwealth's claim for medical assistance overpayment. The Office of Inspector General (OIG) reminded you on August 11, 1997, of your promise to make monthly payments in the amount of $100 toward the Commonwealth's claim for medical assistance overpayment. Since that time, the OIG has received monthly payments from you in the agreed amount. However, on February 13, 1998, you forwazded a check in the amount of $50 to the Commonwealth and since that time have not made payments toward the Commonwealth's claim. I spoke to you over the telephone on June 22, 1998, and June 30, 1998, regarding the lack of payments. You stated that you could no longer make $100 monthly payments but that you could make $50 monthly payments toward the Commonwealth's claim. The OIG accepts your offer to make $50 monthly payments toward the Commonwealth's claim for medical assistance overpayment, which is currently $8,783.40. As we discussed, the OIG will apply the February 13, 1998 check in the amount of $50 toward the July payment. The monthly payments are due on the first of every month. During our June 1998 conversations, you stated that you wanted to seek an attorney's advice in the above matter. I provided you with the name of the local legal aid office: Central Pennsylvania Legal Services, 213-A N. Front Street, Harrisburg, Pennsylvania 17101, (717) 232-0581. During our conversation you stated that you will be meeting with Mary Schindler -2- July 2, 1998 RE: Edward S. Redman Case No. 21-0078494-PA a legal aid attorney sometime after July 4, 1998. You should take this letter to the legal aid attorney. Monthly payments of $50 toward the Commonwealth's claim can be made by forwarding a check or money order payable to the "Commonwealth of Pennsylvania" and mailing it to the attention of: Nicolette Parisi, Inspector General Office of Inspector General 333 Market Street, 9th Floor Harrisburg, PA 17126-0333 Please write the above case number on the check or money order. If you have any questions, I can be reached at (717) 787-6835. Sincerely, ~~~ Jason J. Huh Staff Attorney VERIFICATION I, Dennis Lauer, Office of Inspector General, Commonwealth of Pennsylvania, hereby verify that the facts set forth in the Plaintiff's Complaint are true and correct to the best of my knowledge, information, and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ~~, .., Dated: July 12, 2001 ', 'e^- CASE NO: 2001-04311 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA COMMONWEALTH OF VS REDMAN EDWARD S ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon REDMAN the DEFENDANT at 0945:00 HOURS, on the 20th day of July 2001 at CLAREMONT NURSING HOME 375 CLAREMONT DRIVE CARLISLE, PA 17013 by handing to EDWARD S REDMAN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~ "-' _ day of a2.o-/o7 / A : D . /[~... rothonotary So Answers: ~~~~~-~ R. Thomas Kline 07/24/2001 COMMONWEALTH F PENNSYLVANIA By ~ 4-~ Deputy Sheriff y. !. ~ CASE NO: 2001-04311 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSYLVANIA COMMONWEALTH OF VS REDMAN EDWARD S ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SCHINDLER MARY R the DEFENDANT at 1230:00 HOURS, on the 23rd day of July 2001 at 820 LISBURN ROAD APARTMENT 509 CAMP HILL, PA 17011 by handing to MARY SCHINDLER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 25.75 Sworn and Subscribed to before me this q ~' day of a-G-~ / A . D . 4• I othonotary So Answers: .~~~~~ R. Thomas Kline 07/24/2001 COMMONWEALTH OF PENNS VANIA By: epu y Sheriff -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, Plaintiff, No. 01-4311 Civil Term v. EDWARD S. REDMAN and MARY R. SCHINDLER, Civil Action -- Law Defendants. PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO PA. R,C.P. 1037 Ibl TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. 1037(b), please enter a judgment against Defendant Mary R. Schindler for failing to file an answer to Plaintiff's Complaint. Damages are $8,783.40. I certify that 820 Lisburn Road, Apartment 509, Camp Hill, Pennsylvania 17011, is Defendant Mary R. Schindler's address and that, in accordance with Pa. R.C.P. 237.1, a written notice of intention to file this Praecipe was mailed to Defendant Mary R. Schindler, 820 Lisburn Road, Apartment 509, Camp Hill, Pennsylvania 17011, after the default had occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of this notice is attached. usan Hense Attorney I.D. No. 80733 Commonwealth of Pennsylvania Office of Inspector General 333 Market Street, 9`~ Floor Harrisburg, Pennsylvania 17126-0333 (717)787-6835 Date: October 1, 2001 And now, this _~/L~ day of 2001, pursuant to Pa.R.C.P. 1037(b) judgment- is entered in favor of the Plaintiff, Commonwealth of Pennsylvania, and against Defendant Mary R. Schindler. Damages are $8,783.40. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII, DIVISION COMMONWEALTH OF PENNSYLVANIA, Plaintiff, No. 01-4311 Civil Term v. EDWARD S. REDMAN and MARY R. SCHINDLER, Civil Action -- Law Defendants. NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER NDGMENT BY DEFAULT To: Mary R. Schindler Date of Notice: August 31, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Cazlisle, Pennsylvania 17013 Telephone Number: 717-249-3166 ~59~ usan Hensel Assistant Counsel Supreme Court I.D. No. 80733 Attorney for Plaintiff Commonwealth of Pennsylvania _ Office of Inspector General 333 Mazket Street, 9`~ Floor Harrisburg, Pennsylvania 17126 Telephone Number: 717-787-6835 a_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, Plaintiff, No. 01-4311 Civil Term v. EDWARD S. REDMAN and MARY R. SCHINDLER, Civil Action -- Law Defendants. CERTIFICATE OF SERVICE On this ~ day of (,~. , 2001, the undersigned hereby certifies that the original foregoing Notice of Intention to File a Praecipe to Enter Judgment by Default was served on the following by First Class United States mail: Mary R. Schindler 820 Lisburn Road, Apartment 509 Camp Hill, Pennsylvania 17011 o_ ~~J. Susan Hensel Assistant Counsel Supreme Court I.D. No. 80733 Attorney for Plaintiff Commonwealth of Pennsylvania Office of Inspector General 333 Market Street, 9~"Floor Harrisburg, Pennsylvania 17126 ' Telephone Number: 717-787-6835 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, Plaintiff, No. 01-4311 Civil Term v. EDWARD S. REDMAN and MARY R. SCHINDLER, Civil Action -- Law Defendants. ~ -Ct-Er~R~TIFICATE OF SERVICE On this'- day of ~`~'~- , 2001, the undersigned hereby certifies that a copy of the foregoing Praecipe to Enter Judgment by Default was served on the following by First Class United States mail: Mary R. Schindler 820 Lisburn Road, Apartment 509 Camp Hill, Pennsylvania 17011 1~ usan Hensel Assistant Counsel Supreme Court I.D. No. 80733 Attorney for Plaintiff Commonwealth of Pennsylvania Office of Inspector General 333 Market Street, 9`"Floor Harrisburg, Pennsylvania 17126 Telephone Number: 717-787-6835 ~ ~ d -_ ~ o ~ ~ ~, ~ J ~'' ~ - ^-; c.. ~ _' -< Gl '-' "' <~ ^~ `~ r I .m _ .axvy+~ .. ~ ~w -f~ :-s ~ ,-,a~Fw,a es _~r:..3. ~~~9AV v~~s~~,. _ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION COMMONWEALTH OF PENNSYLVANIA, Plaintiff, No. 01-4311 Civil Term v. EDWARD S. REDMAN and MARY R. SCHINDLER, Civil Action -- Law Defendants. PLAINTIFF'S PRAECIPE FOR DEFAULT JUDGMENT PURSUANT TO PA. RC.P. 1037 fb) TO THE PROTHONOTARY: Pursuant to Pa. R.G.P. 1037(b), please enter a judgment against Defendant Edward S. Redman for failing to file an answer to Plaintiff's Complaint. Damages are $8,783.40. I certify that Claremont Nursing Home, 375 Claremont Drive, Carlisle, Pennsylvania 17013, is Defendant Edward S. Redman's address and that, in accordance with Pa. R.C.P. 237.1, a written notice of intention to file this Praecipe was mailed to Defendant Edward S. Redman c/o Claremont Nursing Home, 375 Claremont Drive, Carlisle, Pennsylvania 17013, after the default had occurred and at least ten days prior to the date of the filing of this Praecipe. A copy of this notice is attached. usan Hensel Attorney LD. No. 80733 Commonwealth of Pennsylvania Office of Inspector General 333 Market Street, 9~' Floor Harrisburg, Pennsylvania 17126-0333 (717)787-6835 Date: October 1, 2001 And now, this ~- day of ~ ~ !J 2001, pursuant to Pa.R.C.P. 1037(b) judgment is entered in favor of the Plaintiff, Commonwealth of Pennsylvania, and against Defendant Edward S. Redman. Damages are $8,783.40. Prothonotary c__-~_~ -~ " l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, Plaintiff, No. 01-4311 Civil Tenn v. EDWARD S. REDMAN and MARY R. SCHINDLER, Defendants. Civil Action -- Law NOTICE OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Edward S. Redman Date of Notice: August 31, 2001 _ IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone Number: 717-249-3166 Susan Hensel Assistant Counsel Supreme Court I.D. No. 80733 Attorney for Plaintiff Commonwealth of Pennsylvania Office of Inspector General 333 Market Street, 9s' Floor Harrisburg, Pennsylvania 17126 Telephone Number: 717-787-6835 a_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, Plaintiff, No. 01-4311 Civil Term v. EDWARD S. REDMAN and MARY R. SCHINDLER, Defendants. Civil Action -- Law CERTIFICATE OF SERVICE On this~~~ y of , 2001, the undersigned hereby certifies that the original foregoing Notice of Inte tion to File a Praecipe to Enter Judgment by Default was served on the following by First Class United States mail: Edward S. Redman c/o Claremont Nursing Home 375 Claremont Drive - Carlisle, Pennsylvania 17013 Susan Hensel Assistant Counsel Supreme Court LD. No. 80733 Attorney for Plaintiff Commonwealth of Pennsylvania Office of Inspector General 333 Market Street, 9`h Floor Harrisburg, Pennsylvania 17126 Telephone Number: 717-787-6835 3_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION COMMONWEALTH OF PENNSYLVANIA, Plaintiff, No. 01-4311 Civil Term v. EDWARD S. REDMAN and MARY R. SCHINDLER, Defendants. Civil Action -- Law CERTIFICATE OF SERVICE On this ~.. day of ~ , 2001, the undersigned hereby certifies that a copy of the foregoing Praecipe to Enter Judgment by Default was served on the following by First Class United States mail: Edward S. Redman c/o Claremont Nursing Home 375 Claremont Drive Carlisle, Pennsylvania 17013 Susan Hensel Assistant Counsel Supreme Court I.D. No. 80733 Attorney for Plaintiff Commonwealth of Pennsylvania Office of Inspector General 333 Market Street, 9`h Floor Harrisburg, Pennsylvania 17126 Telephone Number: 717-787-6835