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HomeMy WebLinkAbout07-2333SHIPPENSBURG/ IN THE COURT OF COMMON PLEAS OF SOUTH HAMPTON MANOR, L.P.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 2007- ~3 33 CIVIL TERM CLARA R. JONES and LAURA B. JONES, Defendants 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 an 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SHIPPENSBURG/ SOUTH HAMPTON MANOR, L.P. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CLARA R. JONES and LAURA B. JONES, Defendants No.2oo7- X333 COMPLAINT CIVIL TERM NOW, comes Shippensburg/South Hampton Manor Limited Partnership ("Shippensburg Health"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: Shippensburg Health is a Maryland limited partnership duly authorized to conduct business in the Commonwealth of Pennsylvania with a business address of 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Laura B. Jones, is an adult individual with a residence address of 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendant, Clara R. Jones is an adult individual with a residence address of 345 East Queen Street, Chambersburg, Franklin County, Pennsylvania 17201. 4. Shippensburg Health operates a resident skilled care nursing facility located at 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 5. On or about January 5, 2004, Clara R. Jones, sought to have Laura B. Jones admitted to the Shippensburg Health facility. 6. On or about January 5, 2004, Clara R. Jones executed an Admission Agreement on behalf of Laura B. Jones. A true and correct copy of the Admission Agreement is attached hereto as Exhibit "A" and is incorporated. 7. Pursuant to the Admission Agreement, Laura B. Jones would be responsible to pay any costs of care which were not covered by a third party payer. 8. On or about January 5, 2004, Laura B. Jones became a resident of the Shippensburg Health facility and remains a resident to the date hereof. 9. In May, 2005, the Cumberland County Assistance Office determined that Laura B. Jones was eligible for Medical Assistance and Laura B. Jones would be responsible to pay Shippensburg Health a monthly private pay portion from her income. 10. As of February 12, 2007, Laura B. Jones owed Shippensburg Health the sum of $2,500.01 for the costs of care provided by Shippensburg Health to her. A true and correct copy of the Statement reflecting the balance due is attached hereto as Exhibit "B" and is incorporated. Moreover, the costs and resultant balance owed continue to accrue. 11. Demand has been made upon Laura B. Jones to pay the amount due. 12 Upon information and belief, since January 5, 2004, Clara R. Jones has been the representative payee for Laura B. Jones and has been receiving social security benefits on behalf of Laura B. Jones. COUNT I-BREACH OF CONTRACT SHIPPENSBURG HEALTH v. LAURA B. JONES AND CLARA R. JONES 13. Plaintiff incorporates by reference paragraphs one through twelve as though set forth at length. 14. Laura B. Jones has breached her obligation to pay for the costs of care as provided by Shippensburg Health. 15. As a consequence of that breach, Shippensburg Health is owed the sum of $2,500.01 to February 12, 2007 and the debt continues to accrue. 16. The accrued debt consists of the monthly private pay portion to be paid from the social security benefits of Laura B. Jones. Clara R. Jones has failed to pay the private pay portion from the benefits she has received from Laura B. Jones. 17. The Admission Agreement provides in relevant part as follows: "if you or your representative do not pay the money you owe us and we hire a collection agency or attorney, you agree to be liable for their fees and court costs." 18. The Admission Agreement provides for the recovery of a 5% penalty for late payments. WHEREFORE, Plaintiff requests judgment in its favor and against Laura B. Jones for the sum of $2,500.01 plus interest, costs and expenses, late fees and any additional amount coming due to the date of award and attorney fees and costs. COUNT II-MONEY HAD AND RECEIVED SHIPPENSBURG HEALTH v. CLARA R. JONES 19. Plaintiff incorporates by reference paragraphs one through eighteen as though set forth at length. 20. During the period of Laura B. Jones residence at the facility, Clara R. Jones has been receiving social security benefits of Laura B. Jones. 21. The proper use of those funds would have been to pay the costs of care accruing for the care of Laura B. Jones at Shippensburg Health. 22. At the time of receipt of those funds, Clara R. Jones knew that these funds should be paid over to Shippensburg Health for the costs of Laura B. Jones care. 23. Clara R. Jones gave no consideration for the funds of Laura B. Jones she has received. 24. Demand has been made upon Clara R. Jones to tender the funds of Laura B. Jones to Shippensburg Health and she has failed and refused to do so. WHEREFORE, Plaintiff requests judgment in its favor and against Clara R. Jones requiring her to: a) return the subject matter in specie; b) pay over the value if Clara R. Jones has consumed the money in beneficial use; c) pay its value if Clara R. Jones has disposed of the funds received; and d) award costs, expenses and interest. COUNT II-QUANTUM MERUIT SHIPPENSBURG HEALTH v. LAURA B. JONES 25. Plaintiff incorporates by reference paragraphs one through twenty-four as though set forth at length. 26. During the period of her residency at the facility, Laura B. Jones has enjoyed the benefit of care and services provided to her by Shippensburg Health. 27. Laura B. Jones has failed and refused to pay for the costs of her care and services provided by Shippensburg Health. 28. Laura B. Jones has been unjustly enriched by her use and enjoyment of the services and care provided by Shippensburg Health without making payment therefor. WHEREFORE, Plaintiff requests judgment in its favor and against Laura B. Jones for the sum of $2,500.01 plus interest, costs and expenses, late fees and any additional amount coming due to the date of award and attorney fees and costs. Respectfully submitted, ' RIEN, BARI SCHE ?~ David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/shcc/j ones-laura/complaint.pld 04/16/2007 02:16 7172495755 OES PAGE 09 VERIFICA~'ION The stateno.en.ts in the foregoing Complaint are based upon infortxxati.on which lias been assembled by my attorney in this litigation. The language of the statements is not my own. I have xead the statements; and to the extent that they are based upon information. which 1 have given to my counsel, they are true and correct to the best of my knowledge, information and belief- I understand that false statements hereir- are made subject to the penalties of 18 Pa~.C.S. § 4904 relati.x~g to unsworn falsifications tv authorities, DATE: ~ I~ t'~ ~1~ ~~~ HEALTH CARE CENTER 121 Walnut Bottom Road (717) 530-8300 Shippensburg, Pennsylvania FAX (717) 530-8304 17257-9005 'TT'Y 1-800-654-5984 ADMISSION AGREEIVIENT This Agreement is between Slrippensburg Health Care Center (the `'Facility" or "we" and) i.~. ~. ~e.~~s ~ (the "Resident" or "you"} and, if you or the court have desi;nated an individual to act on your behalf, or there is another individual to act on your behalf, or operation of law, ~ ~a-~ES __ ("your representative"). A checklist of the rights and responsibilities applicable to your representative is listed in E:chibit 1 and is incorporated into this Agreement. Fayin~ for k taur Care If you are applying to this facility as a private-pay resident, you must provide all financial information requested by us. If we later find that the information you or your representative provided was incomplete or inaccurate; we hill consider that as a breach of this Agreement wluch gives us the right to pursue all legal remedies agairst you or your representative. `~vh~ C'an Be Required to Pay for Your-Care 'Only you and your i::surer-can be required to pay for your care. No .other person, (i.e. a family ntemb er, riend, neighbor, le~~rl representative or guardian} car. be required to pay f_~-oi:i their o:vn li:n ati fir your care, although he or she may knotvinvy a.rd voluntarily agree to guarantee payrr.4n_ for the cast of your care. We require the person responsible for making payments on ti~our behalf to pay for your care under the terms of this contract in a timely manner. :r you are a beneficiary of Medicare, Medicaid or any a~her third-party payment p1.ar,, your rcprevcntative agrees to make all necessary payments from your funds. Your representative could fzce a civil penalty for intentionally failing to pay required amounts from your funds and could face a criminal penalty for abusing year funds. Private Pav Residents The items and services included in our daily rate is basic room, board and general nursing care as . required by ~,~our medical condition. Payment for items and services that are included in the daily ratti and is payable one month in advance and due on the first of each month. Items and services included in your daily rate are listed in Exhibit 2.A. You will be charged separately for additional itenns and services not included in our daily rates such as special nursing carp, sl;ecial equipment, pharmacy charges, laboratory charges, medical tran~p~~rtation gird additional services such as telephare expe~:se, dry cleaning, beauty and barber se:vices and newspapers. Items and services for wliicli ~.~o~i wili be charged are listed in Exhibit ?.B. i=ayrnent for these additional items and services are due after you have requested them, and; you have received and have beery billed for them. ~~'ithin 30 days of i•ecei~~irg an item or service, EXHIBIT "A" you have the right to ask us for an itemized financial statement that briefly but clearly describes each item and the amount charged for it. You will be given an updated listing of services and related charges, including any charges for services not covered under Medicare or by the facilities basic per diem charges, annually on or about January I of each year. Medicare Residents We participate in the Medicare Program. Medicare may pay for some or all of your nursing home care. For information on Medicare, see Exhibit 3. If you are eligible for Medicare, you have the right to have claims for your nursing home care submitted to Medicare. ~~ Medicaid Residents ~ ,~'~~ We `participate in the Medicaid program. For information on Medicaid, see Exhibit 3. You are not required to give up any of your rights to Medicaid benefits to be admitted or to stay here. If ' your private funds are used up during your stay here and you are eligible for Medicaid; we will accept Medicaid payments although Medicaid may require you to pay some amount, in addition to what Medicaid pays for your care. If you are planning on applying to Medical Assistance later, you may want to find out now if your are "medically eligible" for nursing home payment by Medicaid. You are responsible for applying for and obtaining Medicaid benefits and we will assist you. We may not charge, ask for, accept or receive any gift, money, donation or consideration other than Medicaid reimbursement as a condition of your admission or continued stay here except that Medicaid may require you to pay certain amounts from your private funds. If you receive Medicaid, most of your nursing home charges such as room, board, and general nursing care are covered. For a list of services covered by Medicaid, see Exhibit 4.A. The local Board of Assistance will tell you whether you have to pay part of the charge for your care and, if so, how much. Some of the items and services that we offer are not covered by Medicaid. If you want any items or services, which are not covered by Medicaid, you or your representative will have to pay for them. A list of the items and services not covered by Medicaid and the charges for them are in Exhibit 4.B. Payment for items and services that are not covered by Medicaid is due after you have requested them, and; have received and have been billed for them. Within 30 days of receiving the item or service, you have the right to ask us for an itemized statement that briefly but clearly describes each item and the amount charged for it. Increases in Charges acrd Fees Any time we increase a fee or charge for item or service or add a new item or service, we will provide you and your representative with 30 days advance written notice. Penalties We may not charge you interest if you pay your bill in time. Your payment is on time if it is made within 45 days of the date the bill is post marked, or 30 days after the end of the billing period, whichever is later. The penalty we charge is 5% of the amount due, calculated on a per day basis. If you or your representative do not pay the money you owe us and we hire a collection agency or attorney, you agree to be liable for their fees and court costs. . Private Duty Nurses Geriatric Aides If you want a private duty nurse or a private duty geriatric aide, you are responsible for selecting a person licensed and/or certified according to Pennsylvania laws and regulations. You are also responsible for paying him or her and for letting us know that you have hired one. The person you hire is not an employee or agent of the facility, but he or she must meet our standards and follow our policies and procedures. Employees of the Facility may not serve as private duty nurses or private duty geriatric aides. Holding Your Bed if You Leave the Facility If you are hospitalized or on leave from the Facility, we will hold your bed for you as follows: ;.,~, A. If you are private-pay resident, or are receiving inpatient care reimbursed under Medicare Program (and you are not covered under Medicaid), unless you notify us otherwise, we will hold your bed for as long as you pay for it at the daily rate you are currently being charged. B. If Medicaid pays for part or all of your nursing home care and you need- to be hospitalized, we will hold your bed for up to the maximum number of days required by this state, currently 15 days. If you leave for any other reason, we will hold your bed for up to the maximum number of days required by this state, currently 18 days. You have a right to be readmitted to the facility to the first available appropriate bed. While we are holding your bed, you are still required to pay the Facility any amount for which you are liable as determined by the Medicaid Program. C. If you have applied for Medicaid, your bed will be reserved in accordance with Paragraph B. However, if you are found to be ineligible for Medicaid, then you are required to pay for the bed as a private pay resident as described in Paragraph A. D. Other third-party payers may or may not have a bed hold policy. We will discuss this if it applies to you. Your Right to iylake Complaints and Suggest Changes in Policies and Services As a nursing home resident, you have many rights according to State and Federal law. These are described in detail in Exhibit 6, which is attached and is part of this Contract. You may make complaints about your care in the Facility and you may also suggest changes in the policies and services of the Facility. You will not be harassed or discriminated against for making a complaint or suggesting a change in a policy or service. You may present your complaints to facility, management company or to one of the following State agencies: Larry D. Cottle, LNHA Administrator Shippensburg Health Care Center 121 Walnut Bottom Road Shippensburg, PA 17257 717-530-8300 Ombudsman Office of Aging 16 West High Street Carlisle, PA 17013 717-240-6110 717-532-7286 Ext. 6110 Peter E. Perini, Sr. President Magnolia Management, Inc. 1710 Underpass Way Hagerstown, MD 21740 301-745-8700 Department of Health 100 North Cameron Street 2°d Floor Hamsburg, PA 17101 717-783-3790 Your Right to Make Decisions You have the right to make your own medical decisions and to manage your personal affairs. If you become disabled, it may be necessary for someone else to make decisions for you. For this reason, we recommend that you have a living will and/or advance directive for medical decisions and a financial Power of Attorney but you are not required to do so. See Exhibit 7 for a description of your legal rights to decide about your future medical treatment. Transfer. Relocation and Discharge You have the right to remain here, and you may not be transferred, relocated or discharged against your will, except for the following reasons: (1) A medical reason (i.e. the facility cannot provide the kind of care that you need, your condition has improved so that you no longer need the care we provide, or a medical emergency arises; (2) Your welfare or the welfare of other residents or staff; (3) Nonpayment for a stay, or (4) the Facility ceases to operate. If we decide that you should be transferred or discharged, we will notify you, and an immediate family member or legal representative, by letter 30 days in advance. If you are transferred because of an emergency situation, we will provide the required notice as soon as practicable. The letter will contain the reasons for the transfer or discharge and its effective date. The letter will also tell you how you can appeal our decision to transfer or discharge you. If you are discharged involuntarily, we will attempt to make other appropriate arrangements for your care. However, if other arrangements are not available, your representative agrees to accept you into his or her custody if it is medically appropriate. Your Right to End This Contract If you decide to end this Contract and leave the Facility, you must pay your bill before you leave. You must give us five (5) days written notice to terminate this contract. If you leave before the end of that time, you must still pay for each day of the required notice. In the event you die while a resident of the facility, your representative is responsible for making the funeral arrangements. We will notify your representative immediately. If we.are unable to reach your representative, we will contact the funeral home of your choice to facilitate arcangements. Additional Documents It is not possible to cover everything that is important to your stay in our Facility in the body of this Contract. Therefore, we have included additional important documents as Exhibits. These Exhibits are part of this Contract. Please verify that you received the Exhibits and that the contents of the Exhibits were explained to you by placing your initials on the line next to the description of each Exhibit. ~~ Exhibit 1. Rights and Obligations of Representatives. Exhibit 2. For Private Pay Residents: (a) Items and services covered by daily rate. . (b) Items and services not covered by daily rate. Exhibit 3. How to Apply For and Use Medicare and Medicaid Benefits. e--I~.J Exhibit 4. (a) Items and Services Covered by Medicaid. (c) Items and Services Not Covered by Medicaid. Exhibit 5. Physicians Who Practice at the Facility. Exhibit 6. Legal Rights of Pennsylvania to Decide Future Medical Treatment. ~S Exhibit 7. Policies and Procedures Concerning Your Personal Funds and Your Personal Property. ~~ Exhibit 8. Services Provided by Outside Health Care Providers. Changes in Law Any provision of this Contract that is found to be invalid or unenforceable as a result of a change in State or Federal law will not invalidate the remaining provisions of this Contract. If there are services we have agreed to provide that are later found to be impossible to render as a result of a change in State or Federal law, it is agreed that to the extent possible, the Resident and the Facility will continue to fulfill our respective obligations under this Contract consistent with the law. IN WITNESS WHEREOF, the parties have executed this Contract on this ~ day of -~ ~Mi ~ ~+.-1 2ooN By: ~ ~ G%~c-a~~, Witness Larry D. Cottle, Administrator Shippensburg Health Care Center Witness Resident If the Resident has been adjudicated disabled or the Resident's doctor determines that the Resident is incapable of understanding or exercising his or her rights and responsibilities, the Facility may require the signature of another person on this contract. The other person may be: (I) An appointed healthcare agent under an advance d' medical care; (2) A guardian or Power of Atto~ey o~the ~ rson; (3) A surrogate family member. ~. Responsible Party (Name) 3 Title: Indicate whether you are (I), (2) or (3) ~5~ti~ i ~,p ~~~ Va A~~ ~ A'If~~ D J~ to W 06ZK- . AUTHORIZATION TO RECEIVE SERVICES AND/OR SUPPLIES AND TO RELEASE INFORMATION REGARDING BENEFITS Name ofBeneficiary: I,~~~~- g J~aes Medicare Number: Zoo 3 n o~L~ g b I hereby authorize Shippensburg Health Care Center to have the facility physician and whomever he may designate as his assistant or on-call physician to act as my physician. These duties may include, but are not limited to, prescribing medications, treatments, rehabilitation therapies, lab . procedures, x-rays, medical procedures, and/or referrals to other physicians. , I certify the information given by me in applying for payment under Title XVIII of the Social Security Act is correct. I authorize any holder of medical or other information about me to release to the Health Care Financing Administration and its agents any information needed to determine benefits for related services and/or durable medical supplies. I request that payment of authorized Medicare benefits be made on my behalf to Shippensburg Health Care Center for any services and/or durable medical supplies furnished me by or in Shippensburg Health Care Center. I hereby authorize and give permission to Shippensburg Health Care Center to release to my insurance carrier or its agents any medical information needed to determine benefits payable for related services and/or durable medical supplies furnished me by or in Shippensburg Health Care Center. I understand that I am responsible for any health insurance deductibles and coinsurance not paid my Medicare, my insurance carrier, or any state Medical Assistance Program. / ~S I o ~~I Signature of Beneficiary or horized Representative Date r r E~~TTS TABLE OF CONTENTS Ezhibit 1 - Rights and Obligations of Representatives. Exhibit 2 - For Private Pay Residents: A. Items and Services Covered by Daily Rate B. Items and Services Not Covered by Daily Rate. Ezhibit 3 - How to Apply For and Use Medicare and Medicaid Benefits. Exhibit 4 - A. Items and Services Covered by Medicaid. C. Items and Services Not Covered by Medicaid. Exhibit 5 - Physicians Who Practice at the Facility. . Exhibit 6 - Legal Rights of Pennsylvanian's to Decide About Future Medical Treatment. Ezhibit 7 - Policies and Procedures Concerning Your Personal Funds and Your Personal Property. Exhibit 8 - Services Provided by Outside Health Caze Providers. EI~TT 1 RIGHTS AND OBLIGATIONS OF REPRESENTATIVE . ~ -The Representative shall ~ have the right to be notified by the Facility of .any ~ event or. ocaurenee • :1 ~~ • ~ involving the Resident; ~wluch'directly affects 'any ~ obligations of the~Representative•.under this • ~ ° Agreement: ~~ ~: y_ Representative agrees to~ ~ assume •~ independently, •• under= ~ thin +Agreement; the . following:-obligations and••is entitled to thefollowing. rights;~.as~ indicated-~by^Representative's initials accompanying any of the following provisions: • • ~ Representative agrees to be' responsible for ensuring. that: any:•payirientrfiroti~~th~'res~dent to• . which the Facility is entitled pursuant°to this Agreement shall•:be~.paidrto~~the.~seility:ina timely manner. In the' event the Resident is a beneficiary of Medicare,lVledicaid or any other third-party payment plan, Representative agrees to ensure that all co-payments, co-insurance or charges and fees for non-covered items and services, together with any late fees as .described-under this Agreement,. shall be paid from the Resident's funds... Representative is ' ~ - subject to•a~civilpenalty~forwillful°violation•of•the•°agreement~to~~distribute••the•Resident's funds to the facility. • (Unless ~ the Representative voluntarily agrees to act as guarantor), Representative shall be • • • -responsible for: any payments ~ required under 'this -Agreement only ~ to >the =extent • of the Resident's funds. •.. Resident is applying. for admission on private pay. basis, and _.Representative~ agrees to. assist the Resident in ~ providing all financial • information required by the Facility to determine the extent. of the Resident's. resources. If it is ever determined the Representative participated in the disclosure of incomplete or inaccurate information, the incomplete or inaccurate disclosure shall be deemed a material breach of this Agreement and the Facility reserves the right to pursue all available legal remedies against the Representative, including but not limited to an action for breach of contract. Representative is signing this Agreement as a duly authorized agent such as an appointed healthcare agent under an advance directive or guardian appointed by a court. A copy of all supporting documentation fox this representation is attached to this Agreement. _ • Representative . is signing this Agreement on Resident's behalf; based upon a physician's certificate, a copy of which is attached to this Agreement, certifying that Resident does not possess the capability to understand his or her rights and responsibilities. ' ^., . Representative agrees that in the event of the Resident's death, Representative shall take responsibility of all burial arrangements for the Resident and for removal of all personal property from the Facility. (Exhibit` 1, Continued) • If it is the desire of the Resident or Representative to obtain the supplemental services of private duty nurses in accordance with the requirements described under this Agreement, • ~ ~ Representative agrees - to ~ be ~ responsible for- arranging ~ independently for those services, including ensuring any payment. . - • Representative agrees that in. the event the Resident's private funds •are :exhausted .during the .. ~ -- ~ Resident's-stay and: the Resident is ~-eligible to apply for. benefits under~.the Medicaid•Program, . , . the ~ Representative shall • assist the Resident and • •the-• Facility :with rauyr application for • • ~ •~ • Medicaid benefits. ~~ ~• Representative . fiuther:. agrees to, act; r oii:.behalf Y•of ~ #he'~Resident,, to . • ~ ~ ~ " ~ facilitate • any Medicare; • VeteransAdministration ~ or other ~•third=partiy~ benefits, wliiel~ may be available to cover the cost of Resident's care at the Facility. _ • ~ In the event the resident seeks to terminate this Agreement, the Representative agrees to ensure that all notices required under thus Agreement are provided to Facility. .. • In~ the event of an involuntary.. termination of this Agreement; . if ~. other :arrangements acceptable to the Resident cannot be made, the Representative agrees to accept the.Resident into the Representative's custody, if medically appropriate. • -Representative has _ the. right to copies of the following documents and any amendment to them: 'Representative fiuther~acknowledges receipt of the following ~ documents,• which may be amended from time-to-time. 1. A copy of this Admission Agreement. 2. A list of the Facility's rates, subject to amendment on thirty-(30) days notice, and a description of charges for services not included. 3. A list of health care providers offering services at the facility. ~• Representative acknowledges the Facility's right to any legal remedies available under law for Representative's breach of this Agreement. ,. EXHIBIT 2.A Private Pao Residents A. Items and Services Included in the Daily Rate ' The items and services included in the daily rate, and their related charges, are listed below: Descriotioa of Items and Services Included iin the Daily Rate 1. ~ Room ~ ' 2. Board 3. Social Services _ 4. Nursing Care, including: a. The administration of prescribed medications, treatments and diets. b. The provision of care to prevent skin breakdown, bedsores and deformities. c. The provision of care necessary to encourage the resident from accident, injury and infection. d. The provision of care necessary to encourage, assist and train theresident in self-care and group activities. S. Other: Activities Total Daily Room Rates (e,,ffective July 1, 2003) Special Care ~~ Private Rooms $179.00 $189.00 Semi Private Rooms $164.00 ~ $184.00 Triple/Quad Rooms $152.00 $174.00 Medicaze co-pay: $105.00 EIL~3TT 2.B ITEMS AND SERVICES NOT COVERED BY T~ DAILY RATE The following items and services are not covered by the Facility's basic daily:rate: Item or Service Physician Services Medications Prescnbed Dietary Supplements Personal Dry Cleaning, Personal Linens - Telephone Television Service BeautyBarber Shop Services Clothing . Sundry Pharmaceutical Ambulance Service, Medical Transportation IV Therapy X Ray Services Medical-Nursing Supplies Dental, Podiatrist and Opthamology Services Physical, Speech and Occupational Therapy Services Oxygen . Newspaper, Periodicals Lab Services Specialized and/or specially ordered medical services/equipment Guest meals .. y (Exhibit 2.B, Continued) ITEMS AND SERVICES NOT COVERED BY T~ DAII.Y RATE (refer to the Ancillcny Charge List for additional costs) Item Telephone Television/Cablepey month BeautyBarber Shop Services: Permanent Haircuts and Blow-dry Hair Sets Cut Only Color Personal Laundry Personal Dry Cleaning Physical Therapy Service Occupationa]/Speech Therapy IV Therapy Aerosol Therapy Charge . Direct bill from telephone company $7.00 per month $35.00 $10.25 $8.25 $8.25 $30.00 $45.00 per month Same as billed by cleaner Determined by level of care required Determined by level of care required Charge list will be provided by contract pharmacy prior to delivery of services Determined by level of care required *********************s******************************************************** Shippensburg Health Care Center cordially invites family members, guests and friends to join our Resident's at meal times. The prices for guest trays, effective July 1, 2001 are as follows: Breakfast A $4.00 Will be served at 7:00 AM Breal~ast B $4.00 ($3.77 + .23 state tax) served at 7:30 AM Lunch A $4.00 Will be served at 12:00 PM Lunch B ~ $4.00 ($3.77 + .23 state tax) served at 12:30 PM ~ Dinner A $4.00 5:00 PM Will be served at Dinner B $4.00 ($3.77 + .23 state tax) served at 5:30 PM *The Resident's will be assigned their meal times upon admission. Meals can be paid for at the Receptionists' desk. In order to prepare sufficient quantities we require a 2-hour notice to prepare guest tray. EI~~TT 3 The following summarizes the Medicare aad Medicaid programs. It also tells you who to call for more detailed information. If you have questions, our staff will also help you. What's Covered-Medicare 1. Care in a hospital 2. 100 days of skilled care in a nursing home. Medicare provides full ~ coverage fof the first 20 days. You must make a ~co-payment after that. Th~~following services are. examples of skilled care: a. Injections & feedings given through an N b. Tube feedings _ c. Application of a dressing that involved prescription medication d. Treatment of stage 3 or 4 bedsores 3. Medically necessary doctor's services. What's Covered -Medicaid Medicaid is a comprehensive program that will cover most of the costs'of a nursing home stay. -• ~S~ee Exhibit:4 for information about covered~and non-covered items. Your Contribution -Medicare Medicare does not ~av~ 100% of the cost of covered services. ~:You~will be required to ~ayr part of the charges. Your payment may be called a "co-payment", `.`deductible" or ~."premium", depending on the type of care provided. If you receive Medicaid, Medicaid will pay for any payment that you are responsible for under Medicare. Your Contribution -Medicaid . Depending on your income and assets, you may be required to make a contribution toward the cost of your care. The amount of any contribution will be decided by the local Board of Assistance. Who's Eligible -Medicare People °6S~years old or older. •who~ are eligible to collect old-age benefits under Social' Security are eligible. Persons. who receive. Social Security disability benefits for at least 24 months,' or have been found eligible- for- Medicare~by the Social Security Administration because they have end stage renal disease requiring regular dialysis or kidney transplant are also eligible. Who's Eligible =Medicaid. , Eligibility depends on whether your income and assets are below certain levels: 1. Income: You. should consult the local Board of Assistance to find out whether your income makes you eligible. That phone number is listed on the next page. If you qualify, $30 per month of your income is protected for your personal use while in the Facility. (Exlnbit 3, Continued} 2. ets: The Cumberland County Board bf Assistance will also be able to evaluate your assets and tell you whether you qualify. The following are examples of things ~ counted as assets. a. Your house if your spouse lives there. b. Household goods. c. A certain amount of cash. . d. ~~ Personal Property in your possession in the Nursing•home. e. A certain amount of money for burial arrangements. - How to Aunly -Medicare Contact the local Social Security Office at the following address: Social Security Office 401 E. Louther Street Carlisle, PA 17013 (800) 772-1213 (717) 243-0085 How to Apply -Medicaid Contact~the local County Board of Assistance at the following address: Board of Assistance 33 Westmmister Drive Carlisle, PA 17013. (800) 269-0173 (717) 249-2929 Whom to Contact if you have a Question or Problem -.Medicare If Medicare denies a claim, you have the right to appeal the denial. You may appeal by writing to: Aetna Medicare Claim Administration 501 Office Center Building Fort Washington, PA 19034 (215) 643-7200 Whom to. Contact if you have a Question or Problem -Medicaid .• If your application for Medicaid is denied, your coverage is terminated, or a service is not covered, you may appeal in writing to: County Board of Assistance Office 33 Westminister Drive P.O. Box 599 Carlisle, PA 17013 (717) 249-2929 . (800) 269-0173 (Exhibit 3, Continued) Whom to Contact if volt have Iucarred Medical Ezoenses urior to vour MA Effective Date Medicare - Not'applicable - :ti-+,x~iFhom to G~aontact if vou•-have ~Incnrred ~ Medical -F~enses~ urior to vbar-Mt~. EffccthraDate- ~ . -~, ~ . __ . - ~• ,-Medical bills-that you received.in the 3 months prior~~to~receiving~lVledicaid~~ay-be.~coveied by - . - Medicaid. Contact: County-Board o€A,ssistance Office - 33 Westminister Drive P.O. Box 599 - Carlisle, PA -17013 (717) 249-2929 (800) 269-U173 EXHIBIT 4.A A. Items and Services Covered by the Medicaid Per Diem Rate .. -. ~ . .:..~ :Regular room;~dietary•services, social services and other:-services°required tameet~. ~ .. . .certification standards, medical and surgical supplies;' and .the use of equipment and facilities. . -~ .:~.~ ~.•._;. General ~nursing~services,t including but not•linyited-to',;.administration=o~;flxygen . .:. ,..:•and~ related:. medications; ~hand.•feeding,~ incbntinen~rcar..e;3.r~tr~y~:i~service~: and enemas. ... ... _..: .. •., ..Basic BeautyBarber Services: The .facility must provide' shampooing and hair care which is considered necessary for hygiene. The facility ~niusf inform the resident of the types and frequency of the services provided. • Items furnished routinely and relatively uniformly ~to;.all•.residents, sach.as water pitchers, basins, and bedpans. • .Items .furnished, distributed, or used individually in~.,small quantities such as alcohol, applicators, cotton balls, band aids;°' antacids;•~ aspirin •~(and other . nonlegend drugs ordinarily kept on hand), suppositories; ~aiid •tongue~ depressors. • Items used• by individual residents but which ,are reusable• and• expected to be available such as ice bags, bed rails, canes, crutches, walkers, wheelchairs, traction equipment, and other durable medical equipment. . • Special dietary supplements used for tube feeding or oral feeding, such as elemental high nitrogen diets, even if written as a prescription item by a physician. • Laundry services for other than personal clothing. ' • Non-emergency~medical transportation services. • Other special medical services of a rehabilitative, restorative, or maintenance nature, designed to restore or sustain the resident's physical and social capacities. • Personal care items including a patient gown, shampoo, skin lotion, comb, brush, toothpaste, toothbrush, and denture cream. EIl`~IT 4.B B. Items and Services Not Covered by the Medicaid Per Diem Rate • Medical expenses such as, but not limited to: • Health insurance premiums. .... .....:• .... :Visits by anon-participating-physician:other.than:appraved•=b~r;the~nursing care ~ . facility. - • •~•~~ •. • •. Ernergency.ambulance services,•iftheambulaneecompany~doesrnot acceptlldA. • Over-the-counter medications, which are a particular brand not supplied by the . nursing; facility. For example, the nursing facility must provide aspirin, but the patient.~:may • request and buy a specific brand o£ pain relieves; such ~ as ~Excedrin PM, or Tylenol. • Hearing aids and batteries. • : Specialized BeautyB~rber Shop services. ~• • Diapers, if•= the resident wants a style or brand.:whiehy is:~not::~provided= by 'the nursing care facility. • Personal care items of the resident's choice if he prefers them instead of the items provided by the nursing care facility: This includes items such as brushes, combs, toothbrushes, cosmetics, etc. EXHIBIT 4.B B. Items and Services Not Covered by the Medicaid Yer Diem Rate • Medical expenses such as, but not limited to: • Health insurance premiums. . .... .....:~ .... ;:Vsits by a non participating-physician= other. thansapproved°b~r ~thexniusing care ~ . facility. - ~: ~. • ~. Emergency. ambulance services,~if the ambulance company doesrno~ aceept~ll~A. • Over-the-counter medications, which are a particular brand not supplied by the nursing; facility. For example,. the nursing facility must provide aspirin, but the patient.may~request and buy a 'specific brand o£ pain reliever; stitch~as~Excedrin PM, or Tylenol. • Hearing aids and batteries. • ~ Specialized Beauty/Barber Shop services. •~ 'Diapers, if the resident wants a style or brand:.whiehti is:~notc=.grovided~ by 'the nursing care facility. • Personal care items of the resident's choice if he prefers them instead of the items provided by the nursing care facility. This includes items such as brushes, combs, toothbrushes, cosmetics, etc. E~LH~IT 5 PHYSIQANS WHO PRACTICE AT THE FACILITY Dr: ~Yogindra. S. Balhara, M.D. . Dr. William Kramer, M.D. Dr.` Paul Orange, M.D. .: • ~ Dr,:~~Ba~€ter Drew Wellmon, II, D.O.; P:C. Dr.. Hong S. Park, M.D. . 761 Fifth Avenue Chambersbwg, PA 17201 (717) 261-2583 ' 144 South~Eighth Street Chambersburg; PA 17201 . (717) 2646511 4225 Lincoln Way East Fayetteville, PA 17222 (717) 352-3616 .127 Walnut~BottomRoad Shippensbwg, PA 17257 (717) 532=3211 . 120 North Seventh Street Chambersbwg, PA 17201 (717) 267-7735 ., . . EXHIBIT 6 LEGAL RIGHTS OF PENNSYLVANIANS TO DECIDE ABOUT HEALTH CARE • . • -You Have the Right to Decide About Your Health Care .. ~• .:. ~. ~° :~: Adults.gen~erally :have•the-right to~ _decide ifthey • want ~.medical:. treatment,~rau~less• they. ue not.: _ ... . _ ~ .. ...competent°~Z'hisright.includes decisions about treatments.thatextend life,=lif~.supportmachines,• --. ~ : ~: or feeding tubes. .. ..~. °~•°-~Sometimes;~an.~accident•or•. illness.takes•awaya•person's~abiiity~to,~nlake~Rhealtl~:car~.ehoices:~ But- ~~ :• ~ ~- • ~, .-,the -decisions-still= must be .made •• Ifi you are~•unable:to~make them;~othe~.~viil Y=The~mtill:decide •~ ~:.. ..:, .:~.: based on your. wishes; ~or your~best interests if your wishes are=unknown. ~ ~ , • • ° ~ P ennsylvania law gives • you the right to make many health care decisions in advance: One way ~ • ~• • • ~ ~ ' to do this is by using a written advance directive to name an agent to make your health care • . decisions if you cannot. A written advance directive can also state your treatment preferences, • especially about life sustaining procedures. Naming a Health Care Agent . You :can. name ~ anyone to ° be your health care ~ agent. The ~•only~: exception is°~•that;=~in: general, • .someone who:works where you are receiving your care cannot be~your agent. • Your-agenfican be a family member or a firiend. . • - • You •.choose::when•ynur agent: cann• decide for you -right away;. if~:you want; on only after two • . ... = . doctors~•agEee thatyou.~are not able~to: decide for.yourself °You~alsoschoosewthe:kinds.~f:~decisions : ~ ~.•::° • your agent . can' make. for you.- ~ For example,. if you want, you • can .give your:. agent .very broad• power to decide about life-sustaining treatment. Pick your health care agent very carefully. Make sure your agent knows what you want. Your agent will then follow your wishes, even if your friends or family disagree. Using Advance Directives There are many ways to use ari advance directive. A living will is a type of written advance directive that states your wishes on life-sustaining treatments. It usually comes into affect when a person will die very soon from an incurable condition. It can also be used when a person is permanently unconscious (in a vegetative state). You can make a°broader~written•advance directive for other health care issues too. For example, you can decide whether you want life-sustaining treatment if you are in an end-stage condition:. An end=stage condition is an advanced, progressive, and incurable condition resulting in complete dependency. What Happens If You Do Not Make an Advance Directive? No one can deny you health care because you do not have an advance directive. But you should know what happens legally if you do not. (Exhibit 6, Continued) Pennsylvania law allows a surrogate to make medieal decisions for you if you Lave not named a health care agent and are no longer able to decide treatment issues yourself. Then, your closest - -. •:. relative: would be asked• to~ make health: care decisions •foryou~r..:Your•.•.spouser •adult:.cLddren; ~ ;,: . ... ~• ~ parents; ~or adult• brothers. and sisters; in that• order, are considered yourclosest relatives:: If these • - . . • • :relatives.: are ~ not available, another :relative or • close friend ; can ~ make, decisions for :you. • .A .: . . ..~: ~ ~ •:L .• . surrogate; ahough,+ might :have: less authority Ito -decide :against: lifesasf ainin~ Plvicedures xhan~ a• ... ~ .. ; ..~ health care• agent. . ... 'r t.Ifrthere• is ~ao~ ~ one .to ~ be.' a :surrogate, ~ a' court: might have •.toc«appoint~•a-g~dian°~to:tmalce ~your~ .. . .. .. ~.,, ~~. medical decisions: ,The.g~,tardian:might~be•somebody ~vho doesfncat:.kno~w*.y~c~i=personall~•"ty:= -. ... . . r How Do:Yoa Get 1V~ore Information? This .summary. does not cover every issue. • If you Lave legal ~ questions about your rights, ~ please ..; .. < speak.to. a lawyer:..Also .talk to your. healthcare provider about.ther,anedical.issues inxolved. in . : ~:.::• ~, , .t•~yous~~::r ~el~•those~ car-ing~€or.you about -your •decisions andf+givezhem~aj~copy~.~•o~r•,advance .. directive. For a free copy of a Living Will or Advance Directive form contact: State Representative Jeff Coy 39 West King Street Sluppensburg; PA 17257 (717) 532-1707 or Cumberland County Office of Aging Human Service Building 16 West High Street Carlisle, PA 17013 (717) 532-7286 Ext. 6110 (717) 240-6110 E~iHIBIT 7 POLICIES AND PROCEDURES CONC'ERNIl~iG YOUR PERSONAL FUNDS AND YOUR PERSONAL PROPERTY A. Your Rights: . - ., ' . 1: ~ You- have.~theright •to, keep and use your•~personal::property,.:inEludingsome ... • • ~ ~ fiucushings• and clothing, so' long as there is en~ughspacetandmther.tesideats are • • . .. not. inconvenienced. ~ You also have the ' right~• to security : for. ~your~ personal possessions. .. ... ' . ~ - 2,: ~ .:.Y`ou• ha~re=the•.right:~t~manageyour financial•~ff~aiF~vnt~,cs=a':eo•detaermii~e~.that~ : ' . • .. . .. .you . are-.~< incapacitated . or•. the'.: Social • : °Set~rity~.~stsatia~ls a ... . .representative to receive Social Security fimds~for.your use and benefit. . 3. We cannot require you to deposit your personal funds with .us. You may, . however, choose any person to manage your funds, including the Facility. 4. If you. decide to have us manage your ~ personal: funds; :your may. withdraw your . ~ : money: that ~we keep in the Facility.during.. the~Fa+eility's:business~:hoursa:.::.If we . ~ .have deposited .any of your funds in a banl~.;you~,may obtain~those.~funds within three banking _ days; provided the funds have cleared. . . -~ 5 . - if you ,need ~ ~ help to • ~ perform your. ~ banking-~;transactions;.:.you •~ may ::give .the .administrator- ~ of : our...Facility legal .authority to '. access• your account, This authority: ~ is called "representative ~ payee:" To gee :the administrator this authority, you will need to complete a special form. 6. You and your personal representative have the right, during normal business hours, to inspect our written records that concern your personal funds. 7. You and your personal representative have a right to file a complaint if either of you believes that your funds, valuables or other assets have been stolen or damaged. The agencies to contact in order to make a complaint aze listed below: a. The Cumberland County Office of Aging Attn: Ombudsman Human Services Building 16 West High Street Cazlisle, PA 17013 (717) 532-7286 Ext. 6110 (717) 240-6110 (Exhibit 7, Continued) b. Cumberland County Board of Assistance 33 Westminster Drive P.O. Box 599 Carlisle, PA 17013 (717) 249=2929 (800) 269-0173 c. ~ ~ Tlie Department of Health .Division of Nursing Care Facilities 1fl4 North Cameron Street 2~ Floor Harrisburg, PA 17101 (717) 783-3790 B. Our Responsibilities: .. ~ ~:1: ~:•- ~ , We•: ~~vi11~ provide~~a~ .reasonable •amout~t~~ of~•~seectre~~space:~or~you.~ta.lr~p:~our • - ~ ~~clothing- and other personal property.° • We :must: investigate =an3c :damagext~`or• loss of your personal properly. . .. ~ .. • •.2. ~ :, °~: ~:•If•:you~•want us .to: manage' $SO:OO~or;,less:of~yourapersonal::-fiuids~~we will:deposit~. . .. .... ~ ..-~ thiamQneyin:anoninterest.bearingpaccnunt~ora~petty~c~sh:fund.• _ ' . •-• 3. ~< ~: ~- I£:you••~vantf~us :to- manage mores than.~'DSOQ4:~of.your;persaEnal~funds,;.~we~~~wi11:. . deposit this •money.in• ari interest:bearing:.account•that-.is: insured.by.the:£ederal..:• government. This account will be sepazate from the accounts we use to operate the facility. In addition, we will credit ~ you- with all • interest earned on your . money. 4. We will maintain a full, complete and sepazate accounting of your personal funds. • We will also provide you with a quarterly statement of the activity of your account. 5: If you -receive Medicaid benefits, we will notify you if your account balance becomes. too high: If you are to remain eligible for Medicaid, your account balance must be under a certain dollar limit that is established by the Federal . government and changes periodically. 6. We may not use• your personal funds to pay for an item or service that Medicare or Medicaid covers. 7. We will maintain adequate fire and theft coverage to -protect your funds and personal properly that aze kept at the Facility. We shall also obtain a surety bond or otherwise assure the security of your personal funds that are deposited with the Facility. it ~ (Exhibit 7, Continued) 8. If you are discharged, there are several things we must do: a.~ . We will ensure the return of your personal funds in our;possession..If we • ~. have deposited.your..personal funds.in a~bank aceount;.we:will•ensure.that . thin money is' made available to •youY os •your.•authorized representative within 30 days. :. -~ b<~~ ~-If°:we.are.your~representative: payee.~•for::Social=`Se~rity`:benefits;":we.will . ~ .promptly • ask ~ ~ the Social Security i ~ Adrninistration•~: to: ~~name ~ a ~ new • . , . •: representative payee and=we wilt ttansfers3~ou;'=money~,to :t~iat•person~ ~ .. . 9. In the .event of your death, there are several things we must do: a. We will convey your personal funds and a' final accounting of those fluids to the: person-in charge of administering,your:esta#e withm•30: days.. We . will;immedrately~notify.any~government.cyfi:that:~~aii};.for.~~l:'oi.liart~of your care. in our Facility. That agency shall: have 'thee right to assist us in .. deterrnining•what to do with your property. b. .~ • ~ ' ; Tf .a• government ~ agency . did not pay • for .your care;- we ~: will: immediately ~~ notify~your.representative or next o£kin:to:~determirie:what:fo:do••with.your .properly. c. If we. have your funds, valuables or other assets, in our possession, we will hold them until ~ the appointed personal representative of your estate presents a copy of the certified Letters of Administration to us. All conveyance of personal funds will be by check made payable "To the Estate of ..". d. We will make reasonable attempts to locate your personal representative and your heirs. If no claim is made on your funds, valuables or other assets in our possession within six weeks of your death, we will write the State Office of the Comptroller for direction. 10. >f we are in possession of your funds, valuables or other assets for more than one year from the date of your transfer or discharge, we will transfer your funds, any interest on your funds, and your valuables or other assets to the State Office of the Comptroller's Office of any account(s) in your name of which we have knowledge. i.~ ~ L' A.[i.~ull S SERVICES PROVIDED BY OUTSIDE HEALTH CARE PROVIDERS ::,. •:. •e- ~ ~ ...:.; ,Some. o€tha• services available.in. the Facility; such as pharmacyc. servi~~ are:prca~rided by..outside • .. ... _ .. ~ : r: •healdr ca=e~providers:-+These services; and information:about=the•providers;'appear below.. You •• • •., . .... are~free to pick your owa provider or to use one of those listed below: • . . ~~ Tvue°of.Service ..Provider's Name, Address and Tele~phone~Number Physician Dr. Yogindra Balhara 761 Fifth Avenue • Chambersburg, PA 172b1 (717) 264-6185 X-Ray Services Mobil X-Ray Services The Chambersburg.Hospital 112 N. Seventh Street Charnbersburg, PA 17201 (717) 267-6356 Eab Services ~ The Chambersburg Hospital 112 N. Seventh Street Chambersburg, PA 17201 (717)267-7153 Pharmaceutical Pharmacare Route 3, Box 3-A Cumberland, MD 21502 (301) ?77-1773 Podiatrist Dr. Peter Holdaway 1936 Scotland Avenue Chambersburg, PA 17201 (717) 264-5211 Podiatrist Dr. Kirk Davis, D.P.M. 601 Wayne Avenue Chambersburg, PA 17201 (717) 267-2255 ;~ ~ V~hether•vve~ have . ~ a•~nancial - . GInterest in .• fihu~Provider No No No No No No ,.. ,.~. . r . . (Exhibit 8, Continued) Whether we have Provider's Name, a financial Address and Interest in Tune of Service Telephone Number .the Provider • Dentist Health Drive ' 928~Jaymor Road .No Suite C-190 Southampton, PA 18966 (215) 942-9950 FAX (215) 942-9954 Hosspital Inpatient or Carlisle Hospital No Emergency Chambersburg Hospital No No Room Fulton Co: Medical Center Hershey Medical Ceater No Waynesboro Hospital No JIHItNItNI __ _ SHIPPENSBURG HEALTH CARE CTR 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 Facility Phone: 717-530-8300 Resident: LAURA JONES Statement Date: 01 /31 /07 RFMS CAARA JONES 345 EASR QUEEN ST CHAMBERSBURG, PA 17201 Date Service Through Qty Description Amount Sub Total as of 12/31/06 2,500.01 Chars>les 01 /04/07 01 /01 /07 01 /04/07 4 Patient Liability 571.04 Sub Total 571.04 Balance 3,071.05 Cash Recei pts/Adjustments 01/09/07 11/04/06 12/04/06 Payment -440.00 01/09/07 11/06/06 11/06/06 Payment -7.00 01/03/07 12/03/06 12/03/06 Payment -150.00 Sub Total -597.00 Balance 2,474.05 Ancillary/Other Chars~es 01/18/07 01/18/07 01/18/07 1 CABLE 7.00 Sub Total 7.00 Balance as of: 01/31/07 2,481.05 Total Amount Due 2,481.05 EXHIBIT "B" Page 1 ~ \ ~ ~ ;'~ .: ~ L+ s ~ ~~ ~ ~ --~ -_- ~ ~ ~ -: r~ ~~ C~ ~"'J ,°n ") /A ~' W ~~ _) /~ I~~ ~^ lsl ~ V ~~~ ~ C~ SHIPPENSBURG/ SOUTH HAMPTON MANOR, L.P. Plaintiff v. CLARA R. JONES and LAURA B. JONES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2333 CIVIL TERM PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Please reinstate the Complaint filed in this matter on Apri123, 2007. Respectfully submitted, Date: May 30, 2007 RIEN, BARI SCHE i David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/shcc/j ones-lau ra/reinstate. pra ~ ~° ~ e a t~,c;~ ~ f, 7 c.~ ~ cu ~.N ~ ~` (~ ~ v\ ~ ~ C __ it ..~ SHIPPENSBURG/ SOUTH HAMPTON MANOR, L.P. Plaintiff v. CLARA R. JONES and LAURA B. JONES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-2333 CIVIL TERM PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued without prejudice. Respectfully submitted, O' N, BARK & ERER Date: July 18, 2007 David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/shcc/Jones-Laura/discontinue.pra CERTIFICATE OF SERVICE I hereby certify that on July 18, 2007, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Clara R. Jones P.O. Box 416 Chambersburg, Pennsylvania 17201 Laura B. Jones 121 Walnut Bottom Road Shippensburg, Pe sylvania 17257 David A. Baric, Esquire ~ C~ e~,..~ ~ -- ~ -- _ C _ "„~ i T ,~ ' ~ -` ! t" '~} ~: i,.i ~} _~ '~ -- _. . . _ 'r` -, -,. _ - _ ,, ~ 1'..T..$ f ~.~.~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-02333 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIPPENSBURG/SOUTH HAMPTON VS JONES CLARA R 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 JONES LAURA B the DEFENDANT at 1005:00 HOURS, on the 27th day of April 2007 at 121 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 LAURA A JONES by handing to 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 ~1D3'b~ Sworn and Subscibed to before me this of So Answers: 6.00 19.2 0 ~,,~iy~...~-rn-~'~eC ~_.(c1..+'-A .00 10.00 R. Thomas Kline .00 35.20 07/20/2007 ~ OBRIEN BARIC SCH,~RER By: day Deputy Sheriff A.D. `~ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02333 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIPPENSBURG/SOUTH HAMPTON VS JONES CLARA R ET AL R. Thomas Kline I x 1. - t ~ *1'a. 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: JONES CLARA R but was unable to locate Her deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 20th 2007 this office was in receipt of the attached return from FRANKLIN S eriff'9 Costs: So a~swers: ,, f ^. Docket in 6 . 0 0 ~!""''`~~-~~ _-- Out of County 9.00 ~/' ,=~, --'/ ~ --- Surcharge 10.00 R~' Thomas Kline Dep Franklin Co 36.20 Sheriff of Cumberland County .00 61.20 / Blo3Jb 7 07/20/2007 OBRIEN BARIC SCHERER Sworn and subscribe to before me this day of A.D. in his bailiwick. He therefore S SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-02333 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHIPPENSBURG/SOUTH HAMPTON VS JONES CLARA R ET AL 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: JONES CLARA R but was unable to locate Her deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 20th 2007 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co Postage 18.00 9.00 10.00 28.10 n nr So answe~ ~`' r' _ ~"", r ~r°J! ~~ R . ` Thomas Kline ~, Sheriff of Cumberland County 67.~95~/ B/~3Ip~ 07/20/2007 OBRIEN BARK SCHERER Sworn and subscribe to before me this day of , in his bailiwick. He therefore ~- A.D. A , ~ S ~ ' ~ In ~'he Court of Coanmon Pleas of Cumberland Country, Penmmsylvania Shippensburg South Hampton Manor LP VS. Clara R. Jones et al N o . 07-2333 civil April 24, 2007 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of FYanklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff: ~~ -."P Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Aff davit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the ~. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00090 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SHIPPENSBURG/SOUTH HAMPTON MAN VS CLARA R JONES ET AL ANGEL L LAVIENA C~ m~c'~o~r<~ '~~~`'~ Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: JONES CLARA R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT the within named DEFENDANT JONES CLARA R NOT FOUND as to 345 EAST QUEEN STREET CHAMBERSBURG, PA 17201 NO LONGER AT THIS ADDRESS, RETURNED PER ATTY'S REQUEST Sheriff's Costs: Docketing Service Affidavit Surcharge S n .00 . 0 0 '- .00 L LA .00 ROBERT WOLLYUNG, Sheriff nn .00 CUMBERLAND CO SHERIFF 05/31/2007 Sworn and subscribed to before me S~ this ~ ~ day of ~~ ~ A.D. Nota ` NoheW ~I Wch~M D. McCw1f1, Naf~ry Public 3 ~ I In 'The Court of Corn~non Pleas of Cumberland County, Pennsylvania Shippsnsburg South Hampton Manor LP VS. Clara R. Jones et al No. 07-2333 civil Now, ~Y 31, 2007 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~j ~ir~'~y.I~ ...~~-P Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to T a and made known to copy of the original the contents thereof. S o answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT 20 , at o'clock M. served the County, PA SHERIFF'S RETURN - NOT FOUND CASE N0: 2007-00119 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SHIPPENSBURG/SOUTH HAMPTON MAN vs CLARA R. JONES ET AL RICHARD L NORTH Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: JONES CLARA R. o'~ ~''' 3 but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT the within named DEFENDANT JONES CLARA R. 1781 LINCOLN WAY APT D CHAMBERSBURG, PA 17201 HASN'T LIVED THERE FOR TEN YEARS. NOT FOUND as to Sheriff's Costs: So answers: Docketing .00 Service .00 G~~~~ Affidavit .00 RICHARD L NORTH Surcharge .00 ROBERT WOLLYUNG, Sheriff .00 .00 CUMBERLAND CO SHERIFF'S OFFICE 07/05/2007 Sworn and subscribed to before me ~~~ this ~~ day of Q~~ A.D. ~k~' ~.~. Rich~Nd D. McCtrt~t, Notary PubNc dambanbury 9oro, Franklin DAY IW Canmission ExMrea Jan. ~, 2011 `1