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Home My WebLink About01-06234 BEVERLY HEALTH & REHABILITATION SERVICES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW SARA McALICHER, Defendant No. 01-6234 Civil Term NOTICE TO PLEAD TO: Plaintiff, Beverly Health & Rehabilitation Services, Inc. and its attorney, Mark K. Emery You are hereby notified to file a written response to defendant's enclosed New Matter within 20 days from service hereof or a judgment may be entered against you. KEEFER WOOD ALLEN & RAHAL, LLP Date: 3/-do L BY'~i" .S/~ k . dfo Dorrance I. D.o. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 -:... (Attorneys for Defendant) l< "',,'_S" Ji <7-_'. -'.':-(',' f,~"," ""',If"k-.eU,_ _~~~_~_,,,,..r._~c_~_,<,,"~,.-jC'f~''',," -"'I '" "c.- _~"" b".. __ . ",.,. _~~, 0_, _ ,_,' ~__., -. ~~ ~---- -=~~,.--~ "' "".- BEVERLY HEALTH & REHABILITATION SERVICES, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW SARA MCALICHER, Defendant No. 01-6234 civil Term ANSWER TO COMPLAINT WITH NEW MATTER Defendant, Sara McAlicher, by her co-guardian of the estate, Robert McAlicher, files answer based on the following: 1. Admitted on information and belief. 2. Admitted. 3. Admitted. 4. Admitted on information and belief. 5. Admitted in part; denied in part. The admission agreement speaks for itself, and to the extent paragraph 5 mischaracterizes the terms of the agreement, such allegation is specifically denied and proof is demanded. On information and belief, defendant McAlicher may have been mentally incapacitated when she was admitted to Beverly, and may not have knowingly :':o'~_pJ _ ~_ - ,1"Jt H,/ "'}'~-",'-'17;~-""'~",:;,10,:q", ,_,-';.,"\:,.!- ''0'_. -"<""_?,,,, ,.". 0<"'['. ;. o_<v_ ",'0:""_,' ",~_'-.-,.-;, ',''''"",,'' "_""'~'~ .,. __ ',>.< ',",~_~_ , ~ authorized her son, Robert McAlicher, to sign the admission agreement on her behalf. 6. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the stated allegation in paragraph 6. Such allegation is therefore denied and proof is demanded. 7. Admitted that Beverly has provided certain services to Mrs. McAlicher; denied, on information and belief, that Mrs. McAlicher had mental capacity to agree to pay for and to accept such services. COUNT I - BREACH OF CONTRACT 8. Paragraphs 1 through 7 are incorporated by reference herein. 9. Denied. On information and belief, Mrs. McAlicher may not have had mental capacity at any time during her stay at Beverly; therefore, she may have been incapable of agreeing to pay for services and care provided by Beverly. 2 , , I I , i' I'~......~"_....;,,T."'-;f; .~:::", .,." ,-::''''',g,Wi':f"",<0.S'))','.<':_'''('''_'' '_c'1'n'?_"'s~i,;:,,,:?_C;'--, ;-""1>- ,'-,- - "-'C'i1""-_""':O:''fc_~'- '~1 ','''i_,~"~.~",_,_,,,. ",~>_' , ~, ,.~,-'-, -, . " _ _"" "_-~ ,,,,..,., , ' -,' ~ -" 10. Denied. After reasonable investigation, Mrs. McA1icher is without knowledge or information sufficient to form a belief as to the truth of the stated allegation; however, on information and belief, answering defendant avers that Medical Assistance has covered a significant portion of Beverly's claim, leaving an alleged balance of roughly $17,000.00. 11. Denied. On information and belief, Beverly's alleged claim is liquidated and will not continue to increase, because Mrs. McAlicher has been approved for ongoing Medical Assistance coverage. 12. Admitted in part; denied in part. Mrs. McAlicher has not failed and refused to make payment of the amounts due. Mrs. McAlicher's representative has not made certain payments to Beverly, in part because he was awaiting Medicaid coverage of a significant portion of Beverly's bill. WHEREFORE, defendant, Sara McAlicher, requests that the complaint be dismissed with prejudice and with all costs taxed against plaintiff. 3 ~'Ei'f,~ ,,",J -, "'--:-'}":;':"_~-,',~,,,-\,"""'$"-,,,, 0" ,ocr ,~_f';-1~_' '>-"" '- '" _, -I .-c_, ,<-,~",;'I__-' ,'~X-,-i'~c_"" _'._ ",e.".-,'" _ ..-.', ., --~ '2, 0"_"',",'_ ". -,,,- COUNT II - QUANTUM MERUIT 13. Paragraphs 1 through 12 are incorporated by reference herein. 14. Denied. Answering defendant incorporates by reference herein paragraph 9 through 11 above. Mrs. McAlicher further denies that such services have a current value of $43,000.00 and demands strict proof thereof. 15. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the stated allegation in paragraph 15. Accordingly, such allegation is denied and proof thereof is demanded, if relevant. 16. Denied. After reasonable investigation, answering defendant is without knowledge or information sufficient to form a belief as to the truth of the stated allegation in paragraph 16. Accordingly, such allegation is denied and proof thereof is demanded, if relevant. 17. Denied. Paragraph 17 is an allegation to which no responsive pleading is required. To the extent a responsive 4 i i i~~i-', ~,-,~, " , ,---" - -;:;--,>~< ,E,-C;:i.f';\'~", ','1"'J,,>n.~;, ~~" ", 1_: 7~; ,'k ~-, -," I'" .'-- '--, __ "-"Cd],'_,_' _ c"" _""~':' '>-,,-- -,"" _~"o .~_ __>7~_' ,,_?__~_,_; _ "..__ . . "'~ ~-,~ , ~",,' -- , ,~- pleading is required, answering defendant denies that she is obliged to pay for Beverly's claim based on the affirmative defenses set forth in New Matter below. WHEREFORE, defendant, Sara McAlicher, requests that the complaint be dismissed with prejudice and with all costs taxed against plaintiff. NEW MATTER 18. Answering defendant. Sara McAlicher, did not have mental capacity to contract with Beverly; did not have mental capacity to authorize her son, Robert McAlicher, to sign the admission agreement on her behalf; and did not have mental capacity to incur Beverly's ongoing expenses. 19. The complaint (Counts I and II) fail to state a cause of action upon which relief can be granted. 20. Alternatively, if the Court determines that Beverly has stated a contractual claim upon which relief can be granted, Beverly's claim for unjust enrichment must be denied and dismissed with prejudice. Birchwood Lakes Communi tv Ass'n v. 5 n;'.-<,RIlJW., ., - ,. -"'";:03.'_'1_-~ AA'l,V"_<i_,.~-_,~ ""--,-,-",,:-,,,-.., ""Ir-,!'" ~ -'<< '" '> -,,,,---~,."'" -~ ",.. "--,~ - ~~- "',-~~ .,'~"--'--'-'" comis, 296 Pa. Super. 77, 442 A.2d 304 (1982). (Unjust enrichment does not apply to a legal relationship governed by express contract.) 21. Alternatively, if the Court finds that Beverly has alleged and can establish the requisite elements of its claim for quantum meruit, answering defendant denies that Beverly's charges were reasonable, customary, and in accordance with industry standards. 22. Answering defendant asserts a defense or counterclaim in the nature of setoff or recoupment for all payments made by her, her authorized representative, or any other source, including Medical Assistance. 23. In seeking to collect its claim, Beverly has violated various state and federal laws, including the Fair Debt Collection Practices Act. Beverly and/or its representative failed to include a debt collection warning and a debt validation notice in its communications with debtor and her representative(s) Code ~303.1 et seq. 15 D.S.C. ~~1692e(11), g; see also 37 Pa. 6 ~,~_!nt.l_}, f,'_,_ :-:~ -"'>:-~(-'G~<'"'{'"'; ''''1'-',C \",,,,".>,,,_~ " ~ ,,' ","1- '---;" _',- :'_',-.;''!'ffEi __^'~ ~ '-_~ "~"-'__"" ~-~-,:'h ".~ _ ~ - ~-, 24. As a result of these statutory violations, Beverly's claim is invalidated and answering defendant is entitled to all statutory damages, including attorneys' fees and costs. 15 U.S.C. !l1692 (k) (a) (1) et sea. 25. If answering defendant states a defense or counterclaim under the Fair Debt Collection Practices Act, plaintiff's claim is preempted, and this Court is without subject matter jurisdiction. WHEREFORE, defendant, Sara McAlicher, requests that the complaint be dismissed with prejudice and with all costs, fees, and statutory damages taxed against plaintiff. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated:3:r(i(OC BY:~-Q~~ ~ dfor Dorrance 1. D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 - c "'-. (Attorneys for Defendant) 7 ~~J,'lt __, 'g._'~-'''_'':';':_\'!:''':;''_''''~";'''~' ,';'"{C".<o'<'-_ _ I"!cv,r-f.;:,_j -"-"!'--~,,-o, ;~_"~_'_/ . ,Y, "_ c. '" ,_~,.".~,._"___r_.;,,'_<_ :t VERIFICATION I, the undersigned, hereby verify and state that: 1. I am counsel for defendant in the foregoing matter, and I am signing this verification in accordance with Pa. R.C.P. No. 1024 (c). 2. The facts contained in the foregoing answer with new matter are true and correct to the best of my knowledge, information, and belief. 3. 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: 3/ l{~,- ~~~ Bradford Dorrance -- i;.~,"'Z -~, -~::!_:~"- <:_.:~:/~:'~'_::t>_'-'..::a?y.,,~',:""~_~,,'_"_"<! ",":"-'_<-! I\'<i . , ~ -- ",'~- 'r ,.. "~__ C~_~_' ,. < "- . .,-. ",-,";",!,,,""' c "--_'-<c_=",_~_' ti:"'" ~~ " CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postaqe Prepaid Addressed as Follows: Mark K. Emery, Esquire FENSTERMACHER and ASSOCIATES, P.C. 5115 East Trindle Rd. Mechanicsburg, PA 17055 (Attorneys for Plaintiff) Dated: rr 2- ~.#-~<:. Br ford Dorrance '-<- _f~q:_I;' ~i;!L1 .:if: , '~.':;~:t'(i5'~";'''~'''_:<'--_'"",-},:~,,,,,,<,:_<" ",,+,,-- - -,,,-,,",_"fl"_ ~_,";'" ,,,",_0 - _', ~-''-- . '"', ,~-~ ,~.,. ',_" ." ",,,V',,,,'." . ""~" "'-"""""'''',m,._""-,,..'.W.,,'''''' - "=-'-T~ ""--'-'$",,,,""~"ri " n c. c} C f'~j -,', ~:: " "D (.' "-0,. , , !T( :;.:1 - -,7 :-j:- ::-7 C. C"" en -< " t~ L~; .. , '.' - -;J:--.. (---, ; , , Z :~, . 1 ~;-- (': i::- p :-:.-:: ~- => ::,\ j] < (j --< ,....", 1..::.5 ell _~ = "-,'_,!_,-~,~'Oj,'i!"~""~'<~!T<:~,,,,~-<:"'~,q,!," ';-"_:-7!:~" "_,,~'f:~J:Tlm,_f?_,,,,-:W'l;_~1C~~_,":;-,<,,~: _,::J~., " ''!,.r,- '-A, .^' -A"~W1;' J AREA AGENCY ON AGING, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. SARA McALICHER, Defendant CIVIL ACTION - LAW NO. 01-2193 CIVIL TERM IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER. J. OPINION and ORDER OF COURT Oler, J., August 8, 2001. At issue in the present case is whether Sara Marie McAlicher should be adjudicated an incapacitated person, and, if so, who should be appointed plenary guardians of her person and her estate. A hearing was held on the matter on Wednesday, August 8, 2001, before the undersigned judge. Based upon the evidence presented at the hearing, and pursuant to an agreement of counsel with respect to the order to be entered, the following Findings of Fact, Discusison and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person is Sara Marie McAlicher, a domiciliary of Cumberland County, who presently resides at the West Shore Health and Rehabilitation Center, 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania. 2. Ms. McAlicher was born on July 21, 1916, and is presently 85 years old. 3. Petitioner is the Cumberland County Area Agency on Aging, which has offices at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 4. The allegedly incapacitated person, Sara Marie McAlicher, has been diagnosed since December 26, 2000, with senile il:;'l.;_~J.:c_,k ~,'c_ _.'. ,_ _,:_"'__""~"'~_,___~,,,,_:" ,_ ~ ',-f - " " ,.;r .; dementia of the Alzheimer's type. 5. As a result of the aforesaid condition, Ms. McAlicher is an adult whose ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that she is totally unable to manage her financial resources and totally unable to meet the essential requirements for her physical health and safety. 6. The duration of the aforesaid condition may be said to be uncertain, and the condition at the present time is such as to necessitate the establishment of plenary guardianships with respect to the person and estate of Ms. McAlicher. 7. In lieu of the absence of a more favorable prognosis at this time, the duration of the guardianships required may be said to be indefinite and pending further order of Court. S. Petitioner and Ms. McAlicher's son, Robert McAlicher, whose address is 143 Henry Road, Enola, Cumberland County, Pennsylvania, are qualified to serve as plenary co-guardians of Ms. McAlicher's estate, and Petitioner is qualified to serve as plenary guardian of her person. 9. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. 10. The terms of the Order of Court accompanying 'this opinion have been agreed to by counsel for the allegedly incapacitated person, John A. Ahom, Esquire, counsel for her son, Bradford Dorrance, Esquire, and counsel for the Petitioner, Anthony L. DeLuca, Esquire. '>lIW'b,W ~,;r! C'o,'~"" "'~ ""; ',;~!'i't-'-~ <"_,~ _~,",:,'J '~~~, -;;"""", _ "> _'I ,,',-- "" DISCUSSION The provisions respecting an adjudication of incapacitation have been recently amended and are contained in 20 Pa. C.S. Sections 5501 et sea. Petitioner has substantially complied with these provisions, and based upon the forgoing Findings of Fact the following Order of Court will be entered. ORDER OF COURT AND NOW, this 8th day of August, 2001, upon consideration of the Petition for Appointment of Permanent Plenary Guardians of the Person and Estate in the above-captioned matter, and following a hearing at which the allegedly incapacitated person, Sara Marie McAlicher, was present and represented by her court-appointed counsel, John A. Ahom, Esquire, the son of Ms. McAlicher, Robert McAlicher, was present and represented by Bradford Dorrance, Esquire, and the Petitioner was present through a representative and represented by its counsel, Anthony L. DeLuca, Esquire, Sara Marie McAlicher is adjudicated an incapacitated person, and the Petitioner, the Cumberland County Area Agency on Aging, is appointed plenary guardian of her person; Petitioner and Ms. McAlicher's son, Robert McAlicher, are appointed plenary co-guardians of her estate. The guardians are directed to file reports in accordance with the provisions of the Probate, Estates and Fiduciary's Code applicable to such guardians. No bond shall be required of the guardians in this case. Notice is hereby provided to Sara Marie McAlicher through this order entered in open court in her presence and in the presence of her court-appointed counsel of her right to appeal and to petition to modify or terminate the guardianships created ~~--- ,",' _ ~"'i;<'~;""'_,-~'_ - _",_\","" "" - ~, I' 0,., , ~- "' " /'- . herein. The following special terms and conditions shall apply to the guardians and guardianships created herein: 1. The medical assistance application shall be completed on or before August 22, 2001, by Robert McAlicher. The items to be furnished to the Department of Public Welfare are those enumerated on Petitioner's Exhibit 1, a copy of which is attached hereto and made a part hereof. 2. All of the monthly income of Sara Marie McAlicher shall be direct-deposited to her account at West Shore Health and Rehab Center. 3. Failure to comply with this order may be grounds for the filing of a motion for contempt. By the Court, Isl J. Weslev Oler. Jr. J. Anthony L. DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 For the Petitioner John A. Ahom, Esquire 8 South Hanover Street Carlisle, PA 17013 Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 For Robert McAlicher pcb ~~, "'--'-~"'~": ,~c' ,,-. ,-_: ,'.'f_',"", ,_, ",,~_>J" -'-'''~~'.l-'~-' "-,.,,'.,, -,,"-~ . .~ ., " l' BEVERLY HEALTH AND REHABILITATION SERVICES, Plaintiff IN THE COURT OF COMMON PLEAS OF INC.,: CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-6234 VS. CIVIL ACTION - LAW SARA McALICHER, Defendant NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above captioned case will sit for the purpose of their appointment in the Hearing Room, Second Floor of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, on Tuesday, October 15, 2002, at 9:00 a.m. Dale F. Shughart, Jr., Esquire Philip H. Spare, Esquire Andrew C. Spears, Esqu' irman DATE: August 8, 2002 TO: Mark K. Emery, Esquire 410 North Second Street Harrisburg, Pa 17102 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Bradford Dorrance, Esquire 210 Walnut Street Harrisburg, PA 17108-1963 Philip H. Spare, Esquire 44 West Main Street Mechanicsburg, PA 17055 Andrew C. Spears, Esquire 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110 :'fi(,:>J_, " " or, _.< . If _ I '~"I_' - ,- _E ;t BEVERLY HEALTH AND REHABILITATION SERVICES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-6234 CIVil TERM SARA McALlCHER IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, August 7, 2002, the Court having been informed that Marsha Sajer, Esquire, is unavailable for the above-captioned arbitration hearing, Andrew Spears, Esquire, is appointed in her stead. By the Court, / ~h"ghart, Je., E'q";e.e , Chairman P.J. Court Administrator TA,IJE COPY FROM RECORD in Yt'.stlmony whllroof, I here unto Sf!( my hand '1.1'10 In.. ~,pal of said Court at Car".'. u.. Th' 1=' 9 """'. no. l:i q day fit ~'.t':~ . ~~ '/" () n. ~ g..,( Protlionatanf '<<"!""'"'~\""~~" - -'^, ',,"S I~ , ~~ 1 ,~ , - ~"~,"" Marsha A. Sajer 717,231.5849 Fax: 717,231.4501 msajer@kl.com Payne Shoemaker Building 240 North Third Street Harrisburg, PA 17101-1507 717,231.4500 www.kl.com Kirkpatrick & Lockhart LLP August 6, 2002 " '" I'i The Honorable George E. Hoffer Court of Common Pleas, Cumberland County One Courthouse Square Carlisle, P A 17103 ii I.: p [' l" I"~ , I' i.' , , Dear Judge Hoffer: I was recently notified that I was appointed an arbitrator in the matter of Beverly Health and Rehabilitation Services, lnc, v. Sara McAlicher. Because of a conflict, I will be unable to accept this appointment and ask that I be released from participation in this matter. Sincerely, cc: Dale F. Shughart, Jr., Esquire 35 East High Street, Suite 203 Carlisle, P A 17013 BOSTON. DALLAS. HARRISBURG. LOS ANGELES. MIAMI. NEWARK. NEW YORK. PITTSBURGH. SAN FRANCISCO. WASHINGTON HA-122761 vI 0950000-102 4~~, ,,-, ~~ ,~~ I" ~ "- - '" , " ,. BEVERLY HEALTH AND REHABILITATION SERVICES, INC" PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO, 01-6234 SARA McALlCHER, DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this ;1..0 0- day of June, 2002, in consideration of the foregoing petition, ll'th~x1L,~~. ,Esq" OJ./if ~ ,Esq" and ~~fi;J Esq" are appointed arbitrators in the above- - tf captioned action as prayed for. BY THE COURT I;;; : ';'\';1,' -~1I;il!", ~ C~_-, '^'''_, ", ,", c_,_, -, -, """"'c-' ','_'1"0 - -:---" - "'-~,,,,, ,-, ,.> - " ",' -, ,'-~ ,- ,"',.- L - 1 1 ;~:t~~<';E;;';':';;0.ir~i"'-- --~~~cdH~ ~((~';l..:';';;;~~~""Y~Jfjll)r- ~ "J'C' ^"",' ,..,,> '';--''-'~''~ "'" .ic," FlLtD-'O~:F1CE Of~ p:::;~.')"1'1":CNOTNlY 02 JUri 20 Ai'1 9: ::14 CUf\/iBEdLf,i\D COUNTY PENNSYLVANil\ ,ji"., "''''''.''-,",_c;.'~__ ~.". .~~~_ '," , ~~ .,,_, .,'.,. ...,.", """>""""""''''''-'''f''''-','n.'''' ". <<"'",' ", .,. BEVERLY HEALTH AND REHABILITATION SERVICES, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, DOCKET NO, 01-6234 SARA McALlCHER, DEFENDANT CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS I, Mark K. Emery, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1, The above-captioned action is at issue, 2, The claim of the plaintiff in the action is $17,731,87, The following attorneys are interested in the case as counselor are otherwise disqualified to sit as arbitrators: Bradford Dorrance, Esq, and John Fenstermacher, Esq, WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted, Respectfully submitted, THE LAW OFFICES OF MARK K, EMERY DATEb'-/( dol By: p"~~~ Mark K. Emery, Esquire ~ - Supreme Court \.0, # 72787 410 North Second Street Harrisburg, PA 17101 717 -238-9883 Attorney for Plaintiff 1: [::"'- 7"-','.~""',-'->_."---'- ~{":m' --,'~ ,,~C"', ._-"~"-, ~- - ~_'h", O'~ ... CERTIFICATE OF SERVICE AND NOW, this 11 th day of June, 2002, I, Mark K. Emery, Esquire do hereby certify that 1 have served the foregoing Petition for Appointment of Arbitrators by mailing a true and correct copy via United States first class mail, addressed as follows: Bradford Dorrance, Esquire KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P,O. Box 11963 Harrisburg, PA 17108-8050 LAW OFFICES OF MARK K, EMERY BY:~~ , Mark K. Emery {._._ i~,_, . '--::'-''''7-,1''-''_'0;''';- :?-_'7''''''-''"..-'~' .-.,_,.r - : ~I " -,' '_, 8"'_ ."'<,',:" ... ' :r 'h M ',~"W'h...."""',?'",#", ?~_. ,.~.."..?p."..", .',' ~" "",v'",., ""-0__. ."",,,, '''-'''m' iniIili11iITnr~"1Ww'f'f'. ..... q, "" % l>- n Jf c_ ~ .-'. ~ --r--r<l rc' ~ -0\:0 .-". t-l";;'f.i PiP": ~ .-c8 '-7 .''T'~ - ; ~f;; rV :!~~,~ ...... '- .. (,Q,,:. \0 '" - ~c) --0 '" F)(~ <' --c. :?;c> ~]-~. ::r~rn ;... ~ ..!-.,-\ r;: ,~ -.-'"'..' .-\ {i- :r7~; J2: - ::Q ~ (,.:> ::.<: ~~ .""...."""~.".J!!W'l'II~'..'':''''''''''....-~,''I!I!!!,,,,,..)ll;l..~,h,.,,)~~'i;: :~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06234 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEVERLY HEALTH & REHAB SERVICE VS MCALICHER SARA GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law,. says, the within COMPLAINT & NOTICE was served upon MCALICHER SARA the DEFENDANT , at 1445:00 HOURS, on the 31st day of October ,2001 at CUMBERLAND CO OFFICE OF AGING 16 W HIGH ST CARLISLE, PA 17013 by handing to PRISCILLA WHITMAN CASE MANAGER 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 Service Affidavit Surcharge So Answers: 18.00 3.25 .00 10.00 .00 31.25 r~~-t:~ R. Thomas Kline 11/01/2001 FENSTERMACHER & ASSOC Sworn and Subscribed to before me this '1 ~ day of By: ), -Ae~ /!A ~ Deputy Sh iff ~ cJU-V/ A.D. C)~. - 12 '7'hJ;iJ/_~ 'fL>1(- rothonotary '-'\;,'-, '-"""'~'''il'''__~ II!!!I!':. ",""_ 'l - f- ~"^ ; "'~...,~ "1 -- .. " .' '. ,- BEVERLY HEAL7H &~D REHABILITATION SERVICES, INC.,: PLAINTIFF IN THE COURT OF COV~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 01-6234 SARA McALICHER, DEFENDANT CIVIL ACTION - LAW ORDER AND NOW, this ~O . day of May, 2002, upon consideration of Plaintiff's motion to Compel Answers to Interrogatories, it is ......~- "- hereby ORDERED that Defendant shall provide Etlll a.m} Gsmpl9te ")'1~'''Qrs to Plaintiff's first Set of Written Interrogatories within twenty (20) days of service, or suffer the appropriate sanctions. BY THE COURT distribution: Mark K. Emery, Esquire Bradford Dorrance, Esquire 1~ /1' 0-.20,O;;L cA . 't'<"-"'."%'P"''''~'''''I<m'$ "ocr r~_~_,. " "t-_ - ~-, -~~ ,,- ~;-,\li~j[.~~~~NM~;J:~i@~~~ioffi'~";'%':'i!,f,""'<",,;"ci(+':';;;,,",.j,;!~~,*^1j;~.[llgfijffi'1il'Jllli!i-".' , tt~ -i: , ;-~~~f.!~tJ,)_.,~_;>>J~A L~..,,_:_JJL "cgjLL_"~~~;;~t"~,~,~",,.J, ^';'-_".,_,,__~ ''C ,y "',,, .<_"~,_ ~ e, <,. . ~, ""~ ~J1!jiil:l!mD~~~'iI~" (" ';'h~iilliJ." 'lift -~,"- ,,,.,,~,"',,',,,. rr:. "ji _r". ....,'..,::cl!-.F= q F\ i-I,;, I 'v'~ ~IP.Y ~,;.;_r,~._-e~n-;'-:'Clt,\:'J If\;: . 02 ~;\'1 2D ~" '\2' ci.1 \-\1 ..;). 01 ), ,\:_,.:>~,', ;-,\<U ()~~JNT{ VJ\'I"~J";' :;:"l(''''' II \I!\\'\'I'\ ?tl'-;\'-:i:)ll_-"" " .~ ~ "...._..,. , .' . t .'- BEVERLY HEALTH AND REHABILITATION SERVICES, INC.,: PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKEl NO. 01-6234 SARA McALICHER, DEFENDANT CIVIL ACTION - LAW PLAINTIFF'S MOTION TO COMPEL, ANSWERS TO INTERROGATORIES AND NOW comes the Plaintiff, by an through its attorney, The Law Offices of Mark K. Emery, and files this Motion to Compel Answer Interrogatories, as follows: 1. Plaintiff instituted this suit on October, 30, 2001, to which Defendant filed an Answer and New Matter. Said new matter raised various defenses to the suit. 2. On March 11, 2002, Plaintiff served upon Defendant's counsel it's First Set of Written Interrogatories. These Interrogatories are attached hereto as Exhibit \A/. 3. Said Interrogatories addressed the supporting facts and basis of the defenses raised in Defendant's Answer and New Matter. 4. Despite requests, Defendant has failed and refused to provide answers to the overdue discovery. '_~'ff~'. _ ~~o/ ,. . ',.' :"-','~'C',_. . c," c. ,. , _ dr, ~ '" 'I _--0.", it, " J , , WHEREFORE, Plaintiff respectfully requests this Honorable Court Order Defendant to provide full and complete answer to Plaintiff's First Set of Written Interrogatories within twenty (20) days or suffer the appropriate sanctions. Respectfully submitted, THE LAW OFFICES OF MARK K. EMERY By: ~~ ~ark K. mery Supreme Court No. 2787 410 North Second Street Harrisburg, PA 17102 Attorney for Plaintiff r:- 13-0). .'\F'~~T_ - ~ '-'" ,- '-I- - '-. -, ~~ x " ., , , ." BEVERLY HEALTH & REHABILITATION SERVICES, INc" Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 01-6234 SARA McALlcHER, Defendant : CIVIL ACTION - LAW PLAINTIFF'S FIRST SET OF WRITTEN INTIERROGATORIES ADDRESSED TO DEFENDANT TO: Sara McAlicher C/O Bradford Dorrance, Esquire Keefer Wood Allen & Rahal LLP 210 Walnut St. Harrisburg, PA 17101 These Interrogatories are propounded pursuant to the Pennsylvania Rules of Civil Procedure and are to be answered by the Defendant in accordance therewith. Defendant is required to answer these Interrogatories in writing under oath, based upon all information available to her and to her attorneys, employees, and other agents, or representatives. Defendant is also required to serve answers to these Interrogatories within thirty (30) days, to the offices of Plaintiffs counsel, Fenstermacher and Assqciates, P.C., 5115 East Trindle Road, Mechanicsburg, Pennsylvania 17050, and supplement her answers in accordance with the Pennsylvania Rules of Civil Procedure. These Interrogatories are to be answered by the Defendant, Sara McAlicher. EXHIBIT A ';;Ul, , _ _ ,""",,"'~,~ -.- ,,~,:,~,~,,--:~_":""""""'__"'.~I' " ,r. 'f " - . --' - " ~ ~:. ,f ,I " , ,> > Instructions 1. The following Interrogatories are to be answered in writing, verified, and served upon the undersigned within thirty (30) days of service upon you, Objections must be signed by the attorney raising the objection, In answering, you must furnish any and all information available to you, your employees, representatives, agents and attorneys. Your answers must be supplemented and amended as required by the Pennsylvania Rules of Civil Procedure. 2. With respect to any claim of privilege or immunity from discovery, you must identify the privilege or immunity asserted and provide sufficient information to substantiate the claim, 3, In lieu of identifying documents in response to these Interrogatories, you may provide copies of such documents with appropriate references to the corresponding Interrogatories. 4. These Interrogatories shall be construed and interpreted in accordance with the Pennsylvania Rules of Civil Procedure. Definitions 1. "Documenf', when used herein, means any record, including any object which contains written, printed, typed or magnetically recorded information, a graphic or photographic representation or sound, however produced or reproduced. Document includes an original or any copy of any statement, report, letter, memorandum, book, article, note, blueprint, drawing, sketch, photograph, motion picture, videotape, phonograph, compact disc or any other sound recording, Document also includes any card, disc, magnetic tape, printout, data cell, drum and any other data compilations designed for the storage of information in conjunction with a computer or any other word/data processing system. 2. "Identify" or "Identity", when used herein with respect to: a. A natural person means to state: i. the person's full name; 1/, the person's present or last known address; and iii. the person's employer and employer's address at the time of the events referred to in the Interrogatory. 2 F~i1I'll~~ " ,_,~ "'"__' '"",,_ ~,~ ~___o ,~ , f ' ::.~ " , " b. An entity other than an individual, including a corporation, partnership, limited liability company or partnership, unincorporated association, governmental agency, etc. or a subsidiary, division, or subdivision thereof, means to state: i. Its full corporate name; II. the date and place of incorporation, if known; Hi. the present or last known address of the entity; and iv. if applicable, the full name and present or last known address of the entity's subsidiary, division or subdivision. c. A document, as defined above, means to state: i. the nature of the document (i.e. whether it is a report, statement, letter, etc,); ii. the title of the document, or if no title, a description of the document sufficient to identify same; iii. the identity of the person(s) who prepared the document; iv, the identity of the person(s) for whom the document was prepared or to whom the document was directed; v. the date the document was prepared; and vi. the identity of the present custodian of the document or any copy of the document. d. An oral communication means to state: i. the date the communication occurred; ii. the place where the communication occurred; iii. the substance of the communication; iv, the identify of the person(s) who made the communication; v. the identity of each person to whom such communication was made; and vi. the identity of each person who was present when such communication was made. e. Any other context means to provide a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, the identification of relevant people, entities, and documents. 3, "Person", when used herein refers to a natural person, association, partnership, corporation, or government agency. 3 A~""~i:l!..,~ , ,.'''-'-- I"'" ,.- '-'_'"l_P,_._' , r~-~. ~:;'~;_ _ ,"f'" " ,I . I ,"., 4. "You" or "Your", when used herein, refers to Sara McAlicher, Defendant, her agents, representatives, servants, and/or employees. 4 ,^'<, '-,-0-' '" '1'-"., '1' t' ~ " INTERROGATORIES 1. If you know of anyone that has given any statement (as defined by the Rules of Civil Procedure) concerning this action or its subject matter, state: a, The identity of such person; b. When, where, by whom, and to whom each statement was made, and whether it was reduced to writing or otherwise recorded; and c, The identity of any person who has custody of any such statement that was reduced to writing or otherwise recorded. ANSWER: 5 '~~1- . "-"'-O"___"_"'__"~"_ .,---- l' ~;",,_;""~___"__7 . ~ '..', )~ .,'JlWIl..'lifl, " 2. Identify each person you intend to call as a non-expert witness at the trial. of this case, and for each. person identified state your relationship with the witness and the substance of the facts to which the witness is expected to testify. ANSWER: 6 -; ,r__ -..' -'_ ,_. "_",; ,~" _ v 'I '''I ,---~ -, ' --,- '", , :-~.- "4tt~ !lit"!: " , ,'. , 3, Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: a. The subject matter about which the expert is expected to testify; and b. The substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, (You may file as your answer to this interrogatory the report of the expert or have the interrogatory answered by your expert). ANSWER: 7 .":' , ., ~I' I "' "", r' 'y-""""-"'" ". ,~._<~ ">,~ill:'l!;;\__,__'!"J' ", ' ." . 4. Identify all exhibits that you intend to use at the trial of this matter and state whether they will be used during the liability or damages portions at the trial. ANSWER: 8 .,< " -'1--', '-1---,' __'r_- '; ,<, , '1- e, 'rup, -.~~"'"~ 'F~~w,'.- , " , " " , 5. Identify the complete factual support for your contention that Defendant did not have the mental capacity to agree to pay for services or care provided by Plaintiff and/or did not have the capacity to authorize Robert McAlicher to execute an admission agreement and, in addition, identify: a, all individuals who have knowledge of these facts; and b, all documents which support your contention, ANSWER: 9 " - ,-,"-.< , t .<" -e__ :~ .' , " 6. Identify the complete factual support for your contention that Plaintiff has violated the Fair Debt Collection Practices Act and/or any other state or federal law and, in addition, identify: a. all individuals who have knowledge of these facts; and b. all documents which support your contention. ANSWER: 10 ;~;_'!!111 '~ ,"', -", . "1" _or, _.,__ - " - , ~~"~"-~ " ,t ",I . ., 7. Identify each and every charge for services or other charge issued by Plaintiff which you contend is improper, excessive, unreasonable or otherwise not due and payable and, in addition, identify: a, The reason for such contention; b. All individuals who have knowledge supporting your contention; c. All individuals, if any, who have provided you any information or advice (excluding counsel) to support such contention; and d. All documents which support your contention. . ANSWER: FENSTERMACHER AND ASSOCIATES, P.C. By: ""~?/.i'/--_/ ../ / . ",:""--'.,./ '-,/,-c.,,~-;;;::-,/' ~ __<c- 0./ ~> ~,/:' . ... -.-..-.. Y'./ ,_.- -...-- .---'-'- ./ < ./-? ~'./' .---- Mark K:"EmeryC~ Supreme Court I.D. #72787 5115 EastTrindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: March 11, 2002 11 !""~'"''''-,~, ~ ~. <-, ~~~-,-' . - ,__ ~_."_,r:<"" - ,-, r - I' _ .",.,. t - ., - -, " ~, ,-- I ,~ . ~, ~,s.'''->i.,. ,.~"' .' '.," " , CERTIFICATE OF SERVICE AND NOW, on this 11th day of March, 2002, I, Mark K. Emery, Esquire, hereby certify that I have served the foregoing Plaintiffs First Set of Written Interrogatories by mailing a true and correct copy by United States mail, addressed as follows: Bradford Dorrance, Esquire Keefer Wood Allen & Rahal LLP 210 Walnut St. Harrisburg, PA 17101 FENSTERMACHER AND ASSOCIATES, P,C. .~ . / . _;.:U~~";:::7 By: ':;;':/ /' ~. :?:>~-__'" ... ,,~ ...::: Mark K: Emery ;~ '., pr" . , " . "1_' -"' I h ,_~ ,"'; . ." "=f, "_~~ - -~ '" .... '..' . " . CERTIFICATE OF SERVICE AND NOW, this 13th day of May, 2002, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Motion to Compel Answers to Interrogatories by United States first class mail, addressed as follows: Bradford Dorrance, Esquire 210 Walnut Street Harrisburg, PA 17101 THE LAW OFFICES OF MARK K. EMERY BY:/~~ Mark K, Emery ~~~-:w ;- -,,<:'O'~, ,-' 0"''''','_< - - . --I' , 71-, ,-- , ~ ,. ._0 :'1 '.. '. --: .,<,'\}~"'" "".,- '~,~ "~~.,-"-.~ "~,,,- <"~'-"""-"'f"'--'-"-''''--- '-~""~'r- ['I"u-r (") 0 rl c_~ l',,~' _on -r, ~f ::r: ::'1 X,;'" rn s~; ~--'<: ~ :::~:; L- ~. en c...r, _/ I I r:: C ,..- e) ,,- -0 ...-H 2: :...--) -.-". ( -j (', 5> ~ :.-J I , I C Z "" -~ -< r-f 1m L Tl1]~ ~rjil__,W,i J ",] IT~=~",- 'h' ~ _~\,~~'l":'_U1!l1'C;,~__BJ_ ,~.~.~~.~, !!1tiJ?:~~'~~-I"'''''~''''i\:'~'l.'i''''!f-':0'ii,')'~i\i&.'()->:1'iC,_'j-*ti;!.~;rff-!"J-'""'JfFi1"W"'%-:'4'"j);;~;P,-W~!L'f.'~~1~~~F :, ~" --~-- "'"'.1--1: -: BEVERLY HEALTH & : IN THE COURT OF COMMON PLEAS OF REHABILITATION SERVICES, INC., : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff SARA McALlCHER, Defendant : NO. D (- I. ':J.2L.f : CIVIL ACTION - LAW Clu'\L y~ v. 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 wamed 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 /,\",,",".A~!'ll:!,..~'1V"""Rl""'l' ,,-~ " ~ ,,~., - - ". - , ~- ~ -I - ~"~~ '''''l_m~~~"",""" <': .. <~ -. BEVERLY HEALTH & REHABILITATION SERVICES, INC. : IN THE COURT OF COMMON PLEAS OF : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : NO. DI- (..~I.{ C;u~l T0L1 : CIVIL ACTION - LAW SARA McALlCHER, Defendant COMPLAINT AND NOW comes the Plaintiff, by and through its attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Complaint, as follows: 1. Plaintiff Beverly Health & Rehabilitation Services, Inc. ("Beverly") is a Pennsylvania corporation trading and doing business as West Shore Health & Rehabilitation Center, with an address for conducting business at 770 Poplar Church Road, Camp Hill, PA 17011. 2. Defendant Sara McAlicher (hereinafter "McAlicher") is an adult individual with a current residence of 770 Poplar Church Road, Camp Hill, PA 17011. 3. At all times relevant hereto, McAlicher was and is a patient and resident of Beverly. 4. Beverly is a nursing home facility licensed as such by the Commonwealth of Pennsylvania. 5, On or about June 7, 2000, McAlicher voluntarily admitted herself to Beverly, and through her authorized agent entered into an Admission Agreement with --n-r:;mj<CW"'w"",-i'''',..~ " "I ~ w - ^ -- '-'"~,">"'Jt.,,", 'r>~ -"-1CI''i<li_)i>'o/'''<;~,,"~~'!! Beverly. A copy of such Agreement is attached and incorporated fully herein as Exhibit llAn. 6. At the time of admittance, McAlicher and her legal representative were provided a detailed list of all charges, including room, board and medical care, for which McAlicher would personally be responsible. 7. Beverly has continued to provide all necessary services and care to McAlicher, and McAlicher has accepted such services and care. COUNT I Breach of Contract 8. Paragraphs 1 through 7 are incorporated fully herein by reference. 9. McAlicher agreed to pay for all services and care provided by Beverly. 10. As of this date, McAlicher has failed and refused to pay for services totaling $43,000.00. 11. The amount due will increase daily as Beverly continues to provide services and care. 12, Despite repeated requests, McAlicher, individually and through her representative, has failed and refused to make payment of the amounts due. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for it and against Defendant for all monies due, plus interest and costs of suit. Said amount is greater than that requiring compulsory arbitration. 2 .. - ~ . - L I, _", > If' ~ , .. , ;;-l>_~~"~'~O_' - COUNT II Quantum Meriut 13. Paragraphs 1 through 12 are incorporated fully herein by reference. 14. Beverly has provided services and care, and McAlicher has accepted such services and care, with a current value of $43,000.00. 15. Beverly will continue to provide such services and care daily to McAlicher while McAlicher is a resident of Beverly's facility. 16. The costs charged by Beverly are reasonable and customary in the industry. 17. It would be unjust for McAlicher to accept the benefit of such services and care without remuneration to Beverly. 3 -","&;,',,,,,,!<>",",,~; '! "',-~, :, -_","'_,", , to' ~ _ , . I ~- , ~ -- . ~ ,~ .'r , ~-". .. ':-+'~' :': WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment for it and against Defendant for all monies due, plus interest and costs of suit. Said amount is greater than that requiring compulsory arbitration. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: ~......~~./. ,~'?/ e., ~?../:::: ~,~""-'---- " Mark K. Emery Supreme Court 1.0. #72787 5115 East Trindle Road Mechanicsburg, PA 17055 (717) 691-5400 Attorney for Plaintiff DATED: October 29,2001 4 --'<~~----r ~ _. )l,_ '_ -~, '._~,_ _ '"1 __~ .'_ - ,- ~ ., . ., . , , .,; "'-..- RESIDENT-SPECIFIC INFORMATION ['Private This Facility accepts the following types of payments: (Check all that apply,) ['Medicare ~edicaid [JVeterans Administration PARTIES ~ '" g; :0 ~ The parties to this Agreement are: tst Shore \-\etA. Hh & (Name of Facility) ;SMa.. fYI c. A 1/ cher (Name of Resident) ~ ~ RDbu"+-.1YIl! A Ilche.r (Name of Resident's Agent) c.. ~ ~ (Name of Resident's Legal Representative) If a Legal Representative signs, check the Type of Legal Representative (below): [ ] Conservator of Person [ ] Conservator of Estate [ ] Other, specify [ ] Guardian [ ] Durable Power of Attorney for Health Care (OPAHC) [ ] Agent Acting Under General POA ~ ~ If you are signing this Agreement on behalf of the Resident, note your relationship to the resident: Son Relationship to Resident On this 01 _ day of ~fMlL. , }09.~, the above parties agree that on the ...Pl.. day of -.June, , l'9Z!;m the esident shall be admitted to this Facility. As of that day, the Facility shall pro- vide the services described in this Agreement to the Resident until the date of the Resident's discharge or transfer. The Resident shall pay for the services provided by the Facility according to the terms of this Admission Agreement. g? '" ~ ACKNOWLEDGEMENTS ....s :::! By signing the Admission Agreement Signature Page, the ResidentlAgentlLegal Representative acknowl- edges that he or she has been given and has read this Agreement in its entirety, and all addendums. The Resident also acknowledges that the following information was provided upon or before admission by the Facility. Initial the lines below (if not applicable, write NI A): L 1, A list of supplies and services that are included in the Facility's private daily rate or that will be paid for by the Medicaid or Medicare programs and a list of supplies and services 110t included in the Facility's private daily rate or paid for by the Medicaid or Medicare programs for which the Resident will be separately charged. ..,., While - Business Office 15 Pink - Medical Records Yellow - Resident 'i_~'0";"""'"'-'f" - '" ~ _ __!!!l ,~",_",'p.,l.~~ ""-. ,~ .- r. --, ,~~ j "'--- '-./. 2, Information about the Facility's bed hold procedures. -.L 3. A written explanation of how to apply for and use Medicare and Medicaid benefits and how to receive refunds for previous payments covered by these benefits. ~ 4. A statement explaining that the Resident may file a grievance with the appropriate Slate Agency about resident abuse, neglect, and/or misuse/theft of resident personal property in the Facility. Ls. Copies of the State Resident Rights. ~ '" ~. '"" " ., ~ J 6. A written explanation of the Facility's Rules and Regulations. L 7. If your condition warrants, you may be placed in the facility's Medicare-Certified Distinct Part Unit. At some point, circumstances may occur which will make residing in another unit more appropriate for you. In that case, the facility will discuss such a transfer with you. Under law, you cannot be discharged from this facility unless you agree or unless, following an appeal, it is determined that you may be involuntarily discharged or transferred. f j 8. A copy of the facility policy regarding implemfntation of the Patient Self Determination Act and of the applicable State law. I do _ do not L have an advance directive. c.- ~- ~ ~ ~ -- <=;- ::r- "' '\ I have been informed, both orally and in writing, in a language I understand, of my rights and the mles and regulations governing my conduct and responsibilities during my stay at the Facility. NOTICES Notices shall be mailed to the addressees) indicated below. The Agent and/or Legal Representative is responsible for notifying the Facility in writing of any change of address. The Resident designates the following person(s) to be notified when any legally required notices are provid- ed to the Resident, Agent, and/or Legal Representative. Name LEGAL REPRESENTATIVE AND/OR AGENT -- ~ Home Phone~ Work Phone ~ '" Z ? Street 14-5 Henry i ca.d City Enol a. State fA Zip /70J.f1 ~ "" OTHER PERSON TO BE NOTIFIED Name Home Phone Work Phone Street City State Zip White - Business Office 16 Pink - Medical Records Yellow - Resident .."''->''~W"""""",,,,",'''< " 'I< ~~~~ ADMISsrON AGREEMENT SIGNATURE:-PAGE Resident Date Wimess if Resident Signed with a Mark Date ~ i z 3 !'! Wimess if Resident Signed with a Mark Date ( ) Legal Representative's Telephone Number Legal Representative Date Legal Representative's Social Security No. ~ -111" ~~, Date -( ) Agent's Telephone Number Agent's Social Security No. ~~,/6Ir5,J Facility Aclmini ator or Designee V hjoo Date ~ ~ ....s; - .... Note: The signatures above refer to the information contained on pages 1 through 18 of the Beverly Enterprises Admission Agreement. While - Business Office 19 Pink - Medic.al Records Yellow - Resident ".1,"""",,,,,,2"','~1'1"l!IlI"I.,~ "~ "~""""'"'"~!" , , -"""" " \...... . MAIL ',-- The Facility is authorized to handle the Resident's mail as follows: (Check one boxoniy.) [ ] All mail given directly to the Resident [ ] All mail read to the Resident ri Give personal mail to the Resident; forward business mail to: [ ] Forward all of the Resident's mail to: Q 0 by} rY\ (' AlicJ,,. r ~ '" ~ Z ~ NAME: RESIDENT'S PHYSICIAN Brier GriJ"f - .Internists of C errhl PA SPECIALTY: JJ.rl-e17l16ts ADDRESS: HfA.rnsV',ew Prokss;OfIo..l(!ennr LerYIOY~e. f PA 1701.#3 TELEPHONE: 11~ -/'3/''' ~ '" z o ...0 -Sl - "" White - Business Office 17 Pink - MedicafRecords Yellow - Resident 'J""'~'~\':"";!!1"'i'l ,_ ,~~......... !III _ L _~ ,. . , "' 1.,.- latSlDENT TRUST FUND AUTH71RIZATlON A Resident Trust Fund is an amount of money held by the Facility for the Resident's p(~rsonal use. (Examples of use: To allow the resident to pay for room and board, beauty shop charges, cigarettes, postage stamps, or other similar expenses as desired by the Resident.) By signing below, the Resident authorizes the Facility to set up a trust fund in hislher name. The individual financial records shall be available through quarterly statements, and on request, to the Resident or hislher Agent or Legal Representative. The Resident understands that all withdrawals shall be authOlized by the Resident or hislher Agent or Legal Representative in writing. The following persons may authorize with. drawals on the Resident's behalf: ?f '" ~ :0 ~ z ~ Name of Authorized Person Name of Authorized Person Resident's Signature Date ) Witness if Resident Signed with a Mark Date Witness if Resident Signed with a Mark Date Legal Representative's Signature Date (if applicable) ~;!( ~~D.re (if applicable) ~oo f:' ?' Z P ~ -4 -- White - Business Office 18 Pink - Medical Records Yellow - Resilient . ~"""O'0'_'W'''''_"!'"'i. 1'IMl., ~_ .'"'. _. -,-- .., ~~ ~,~ ;1"~YP-;;-'-' " ,',-., ,0'_ ''''~):'! VERIFICATION On behalf of Beverly Health & Rehabilitation Services, Inc., I, Judy Skoda, hereby certify and verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, I understand that any false statements herein are subject to the penalties of 18 Pa, C. S. 94904 relating to unsworn falsification to authorities. ~~, .. dy Skoda DATE: q/4/0) - " i', .~. - ". .1, _. I~"""~ 11. . ~f ., r_~' "," _","" " " ,.." .llillir'i1'" rllillllliiil'fil""I"'"' _ 1,:n-':D':1r fJ {-J ~ ~ ~ -.(0" w. ".(" ' , ..-' ~ ~._J (I) 0 i-'l ~ .~, ':'~') (1 (.r~ ") ((j -- , ~ ~ D () 1.0 .-<; ~..) 0 r (> (fl--,-' ...:) f' ()- 2~ 0-.:: U I --:-- lJ' p: Vl :;; ~;~ .:-~2 ~;>>? :..~)' ,\ ~ Z:. .:-4 ~. ::! (P "':J ..< '---..C.., .:c.. " ".'n n.,...,. ..',- .,-,.,---.--"w"""""4",__(\y,/,,, J: J i. "". __~ ".,_ __' _("I. , ~~!f,~~:~~ , _ _ ~~Ifi'&{JI~ " _~Jr~~~~~kl'W;~.'9"-' ,,- ..,,-i<'i";~"'-:<"l--:fi-'i;"i:"";r~il'j-~,(~-i\f~li~~~~.~~W~~t:, BEVERLY HEALTH & REHABILITATION SERVICES, INC" Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6234 SARA McALlCHER, Defendant '" : CIVIL ACTION - LAW ANSWER TO NEW MATTER AND NOW comes the Plaintiff, by and through its attorneys, the Offices of Fenstermacher and Associates, P,C" and files this Answer to New Matter, as follows: 18, Denied as a conclusion of law. Waiving none of the foregoing, to the extent response is required, it is specifically denied that Sara McAlicher did not have the mental capacity to contract with Beverly nor have the mental capacity to authorize her son, Robert McAlicher to execute the Admission Agreement. 19. Denied as a conclusion of law. 20. Denied as a conclusion of law, 21. Denied as a conclusion of law, 22, Denied as a conclusion of law, 23, Denied as a conclusion of law. 24, Denied as a conclusion of law. , r,,,,~.Ji''r~.~ _, ' ___-",'. "'~, ,,~, - -, I~--'--- .,!" --^-,- r. , "':-- ~_.., ,0_ ., ,,-" 25. Denied as a conclusion of law, Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P,C, By: ~~ . 4~.--? Mark K, Emery Supreme Court I.D, #72787 5115 EastTrindle Road Mechanicsburg, PA 17055 (717) 691 ~5400 Attorney for Plaintiff DATED: March 11,2002 2 , -:';;"'0WW::iii,!l.__"I_, ,-c-fg. ',"', d_~,"_~(" <'. e> , '-r' I, -':~ _ -' r.- 'C" "., > '- ~ , ~'rr 5t~rl >--':-''''-'_' i" i,'! -<""l';!'~~lff,W . . CERTIFICATE OF SERVICE AND NOW, on this 11th day of March, 2002, I, Mark K. Emery, Esquire, hereby certify that I have served the foregoing Answer to New Matter by mailing a true and correct copy by United States mail, addressed as follows: Bradford Dorrance, Esquire Keefer Wood Allen & Rahal LLP 210 Walnut St. Harrisburg, PA 17101 FENSTERMACHER AND ASSOCIATES, P.C. By: ~7~~ Mark K. Emery ,__ ',',"0'"' _ _ c' ,~~1" _ ~'. " ~.. ~ ~~ \- ",-'-'~-,".---- ~ - -' '~8.. "'" -0 ,"", ~,~~~ 0,,:"_"" :n'~"1 'r't'~:""-mJ'_Hj' "Tn-" 'r~'-~<'r-;m"~ltli!fYi#_~o-;~y~\- 0 c.:) .- , C j""J 1 ~;:O~ ~ , ~11_ ~, ru l~-c.~ nl " , :;:1;) ~ .,'\ ,,- ."..' ~ r ,- ,'. r~-:) CD.. ;..S '- '. -:J ~~ C~ )'0: C ,",) C ..i .-c~_ :",) ~1 ~ ,..1 ~ B M ~"'l" '. ._ ...'iIL ''',' . '. .."..pnl"""', ,_ _U, ~'-""'>7 - ,)Ul~ " -"'0'). _,-~',~Rr"___~._," ,,-,,~,, '_~~"'-'"_~__""Y;~"~'__~__'_'k_~:Jr~~"1\\-wj!;",ii',';"I'","*~,~J ~ lrm_Bll -'~Il!ir.!IL-iiW':;- BEVERLY HEALTH AND REHABILITATION SERVICES, INC. V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-6234 CIVIL TERM l' A SARA McALlCHER IN RE: ARBITRATION PANEL ORDER OF COURT AND NOW, August 7, 2002, the Court having been informed that Marsha Sajer, Esquire, is unavailable for the above-captioned arbitration hearing, Andrew Spears, Esquire, is appointed in her stead. By the Court, Geo P.J. Dale F. Shughart, Jr., Esquire Chairman ~ ~ f./,}.();l Cf, Court Administrator ~t.>*"",..'\lif"~'",=__ __,""~,,_ ., ," " ~, ~ii::'~1~'-:Y~-1i~~~~~~~~*\~1i"'f;i1';;i"';""","~;)f;&';;"8~'gk - ';''''''IId.J' "li~i6f-"~_H~' lis 53 CIIT. - OF 'f_,/"'S,/;.9tF1CE '- """:I'(OTAR'y' 02 AUG - 7 PH 2: .l2 CUl\i~t~~;1HJiv~UI\rry .. 'Ii :'t~ ""","",,~,__, _~_~',_">."'''H"~'_~,,,_~,~~,,_, "" ,"",,,~~_~~_"!J;,-;','3;,~~;,:;~:~r;~),~~Lt~~:ri~t':J~(~i~,f1,hilii!y~SlJ~4'~;i-~:M!1@ii;i%,1fu]~~4I~~a;;~Jiit~tz\t1%'i:mt~Wi~a~"'ilifi~ 1i""i'.,;";X,-';~~'i'f.'ffiU-"I,'P.:c~;;;;';0!atf.f;}'J 8tl!~11 ~I~. i-~lI{)w) 5€-rvJ (U'7/Y\,(", PLO IrVlt;(f ~ ) ) 5NL~ fV'c.ill.1~(,WL ,{)E-~)\PJ)iV( ~ I In The Court of Common Pleas of Cumberland Councy, Pennsylvania ~o. 01 --; b 2-3Cf OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitutio~ of this Common- wealth and thac we will discharge the duties of , fidelity. \\. ~ J<.. ~ AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are award,ed, they shall be separately stated.) W~ applicable. ) . Arbitrator, dissents. i: Date of Hearing: }dj; 5"/O'G I . /0()5/07./ I / . air.nan Date of Award: ------- ",OTICE OF EN'rRY OF AWARD Now, the/~daY of c:t;:bb€IL..- ,.Ja::.:l."at~, lb.:!., award was entered upon the docket and notice thereof given by mail parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ :;?qn.6l) ~~ry-"",,- , ~, ",-,; ~, --I" . ~,. ~~ - . , ~,~j\{~ijj>J,'N-~t{fl~;lt~&,"'.,,~ ' it '2.{) . ,:~1r k. entRY, ~aaL-ruuL~q . , ~ ~ > """ ,~, ,-,"=. .~ ','-''', ~ ,"< -- ""\j &'l. ~., ~ PPfL -rPrA:7fJE 'r ;?11-'r' 1V P/~J<A, ~Il +-F" Fr. p(J~~ 7hM7MtLl fO.}1 -fd '(\;\.'1 fir! \\\~~\N~~"-- ~ ~ ~("'" 5fe..ACS - 3211 J.J..5~ -SJ.;!n 9ll1l, ;J.J,.ol. J7lld ~~. IO_..?>'o.L ('} Ci () C "',,-, 'n '..v' 0;:. ::::.J "C' c: (") rn r-" ..... , 2:7:r ."- C. ., (.I) C -<. ~:~ j;.":. ~";: z y. <.-' 1..0 (=. =~~ ~'" f-..) L.( ~ f t, At-; ~-.w:~<",i'..~"~~V_~,,*_~;WWW_1.11l,\f\M1",i\'ll'f~iW~"'''''''.,<I;~_.U~~~<m!iMj:~Hf<'~;W- - -- . , ,~~--;:, ',,_ _, _"._', .; _. ' . .." _'''', 'f~lJi~;~~jP;$~~, u ~'r'ltl' _,." ~~l __, ~~ ,iJIl!ljf.fj;g.,~ _1.1:.. . 'tT"' . , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO, 01-6234 BEVERLY HEALTH AND REHABILITATION SERVICES, INC" PLAINTIFF SARA McALlCHER, DEFENDANT CIVIL ACTION - LAW PRAECIPE TO ENTER ARBITRATORS AWARD TO THE PROTHONOTARY: Please enter judgment against the Defendant in the amount of 15,663,26, pursuant to the Award of Arbitrators attached hereto, Respectfully submitted, LAW OFFICES OF MARK K, EMERY BY~~p MarK K, Emery, Esquire Supreme Court 1.0, No, 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff -~, '. -- '" '~-,,;'_",,.,,~_-_~,~"~_<,,_~,,_,"_ ':"''''':!'~-'' . ~_-"'_'"tl','o ,"- 0-, .,~ < r: __0'_ "' , - 0, '"~, ".~, ,," .~ __ _ _ ~_ ,_.~_ . .. . I Be\J~11 f4e.f'ljt, 'I-~haQJflTIf)w) 5'~(l..(1(<~17r:0v~:--, j)LOlrVjtff ~ ) ) 'SNL~ fVcAI.&hlfL be (fi'l.PfJi\(( ; I :ti In The Court of Common Pleas of Cumberland County, "ennsylvania ~o. ()f - b 2..3Cf OATIl We do solemnly swear (or affirm) that we will support, obey and derend the Constitution of the United States and the Constitutioa of this Co~on- '.ealth and that we '.ill discharge the duties of our )2i>fice ' . , fidelity. \\.~ ~~ AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are award,ed, they shall be separately stated.) [)J t-' . Arbitrator, dissents. i= applicable. ) Date or Hearing: Jul) 5'/Oc I ~ air:n.an /o() 5/0 V- Date or Award: I / ~G ------ NOTICE OF ENTRY OF AWARD Now, the/~day or Cc::IobEtL..- ,..2~;;),,,at~, 1l.:1., award was entered upon the docket and notice thereof given by mail parties or thei= attorneys. r Arbitrators' compensation to be paid upon appeal: $ :;?9rJ_6t'J ;'i,;;;?;;;'-i!i!il~il".". _ ,_,-,.,,, ~'iH'~' ,<; "~,"' ..,-- :' "'_1 '., ~ ,-'F. f'" . .' . CERTIFICATE OF SERVICE AND NOW, this 19th day of November, 2002, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Praecipe to Enter Arbitrators Award by mailing a true and correct copy via United States first class mail, addressed as follows: Bradford Dorrance, Esquire KEEFER WOOD ALLEN & RAHAL, LLP P,O, Box 11963 210 Walnut Street Harrisburg, PA 17108-1963 LAW OFFICES OF MARK K. EMERY ~.:cC- ~ By'/'/ . . Mark . Emery Supreme Court I.D, 0,72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiffs ')"-W~~'_~_~ -- . ~ -, : _'_;'~;>;_:%~"~:;::_;-:'/?~-;',:~'''():> "_,\,.;,""',:"':',':":,/_"'-<""1"":-;""'" _, _.', 0 _ ,"''<)-" _ ,~ ]", 'c",e,- ~~ - ="-' -.. ~_ ,'11-,'.', ,':,< c:X)(J~ 0. -#. Ifi :-a- t r:t- 0 f ...... 0 0 3 ~ j ~ e:. ~ r ~ , ., -,- -' ,.. --",,~, .' ,. '. : _ _'-'c_ ~~.o ~~ ,'"~_~-"-~,,, :",0. 1 ""~ ~c ~~!'W~~'iill"''''''''' ___."",,<"dfll,!!!~ ~"'!" _'~ v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO, 01-6234 BEVERLY HEALTH AND REHABILITATION SERVICES, INC" PLAINTIFF SARA McALlCHER, DEFENDANT CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in this matter as SETTLED, SATISFIED AND DISCONTINUED. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: /"..~~ -/-c~___'.'-2___. Mark K. Emery, Esqui Supreme Court I.D, No, 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff DATE: December 27, 2002 -!:~Htn:'.__ -,; -', -_-,'~, :_~':l'j1\~;1. '\,,',"", _~"'~__" ~""",,,,!,_,_ ,_oJ- ~~,,"I"Y !_~h. CERTIFICATE OF SERVICE AND NOW, this 27TH day of December, 2002, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Praecipe to Satisfy Judgment by mailing a true and correct copy via United States first class mail, addressed as follows: Bradford Dorrance, Esquire KEEFER WOOD ALLEN & RAHAL, LLP P,O. Box 11963 210 Walnut Street Harrisburg, PA 17108-1963 LAW OFFICES OF MARK K, EMERY ~~/~/~ By: /' .. ~ ft--~~ __ Mark K. Emery ~ i I , i,-;tJt~, .".' "',->/'-'" y. '-"'"""",'-. "_C"'_"'_'-_'_';' "",,,.,,,"'~~"'~ .,. " "or""',_'"""""'-""'" J>'i r -'- .~ .'-~ ~ ~-"" ~" _~:'7"".",1t<":1L~ -;; " ."",'Vt,-.....=.,,, ""_.'-<.=~-- (') ~;; -oil qJr:r: Zr'~ (1)1::_: r::;;: <-"~ ~f3 2: :;;J , ~~ '--""""'="'r~'" ~ . '~'"~"--"<, ''''+l~k,''- .;,c._"'_, a t\J C::J C'''' ('"') "'" ~71 --, -r : ,::~;Ii --~ -r -.::-S=) ~~;~S ~)rT" ~ :u -< -,~) !'<-_'i .. C:J ~~~~~ "t'lI'!l"J~_M)M_~!f~_'JJl!~____,_ ._ .Lr;,-' _.,-_--_,_7~"P '~"t""< i;"(, - .' -- ,__-.. " ",,' - _ _ ,'_ _ _ '_, _ _, _ , : '_,'.'__' __,