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Home My WebLink About07-4057 HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007- ~D51 Civ- I Terns CHRISTOPHER A. HINDS and LORI HINDS, husband and wife, CIVIL ACTION-LAW 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007- Yd~'1 CHRISTOPHER A. HINDS and LORI HINDS, husband and wife, CIVIL ACTION-LAW Defendants. COMPLAINT NOW, comes Plaintiff, HCR ManorCare, Inc. ("ManorCare"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. HCR ManorCare, Inc. is an Ohio corporation duly authorized to conduct business in the Commonwealth of Pennsylvania. 2. Defendant, Christopher A. Hinds, is an adult individual with a last known address of 39 Larch Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendant, Lori Hinds, is an adult individual with a last known address of 39 Larch Drive, Shippensburg, Cumberland County, Pennsylvania 17257. 4. ManorCare owns and operates a resident nursing facility located at 1070 Stouffer Avenue, Chambersburg, Franklin County, Pennsylvania. 5. The Defendants are indebted to ManorCare through a certain Promissory Note dated October 23, 2006. A true and correct copy of this Promissory Note is attached hereto as Exhibit "A" and is incorporated by reference. COUNT I-BREACH OF CONTRACT HCR MANORCARE, INC. v. CHRISTOPHER A. HINDS and LORI HINDS 6. Plaintiff incorporates by reference paragraphs one through five as though set forth at length. 7. Defendants have breached the Promissory Note by failing and refusing to make all payments due under the terms of the Promissory Note. 8. As of July 10, 2007, there is due and owing on the Promissory Note the following: a) principal of $1,788.84; b) attorney fees of $1,180.66; plus, c) costs and expenses incurred in the bringing of this action. 9. Demand has been made upon the Defendants to pay the amount due and owing and they have refused to pay. 10. All conditions precedent to recovery have been fulfilled. 11. Notice has been provided to the Defendants of Plaintiffs acceleration of the debt in accordance with the terms of the Promissory Note. A true and correct copy of said notice is attached hereto as Exhibit "B"and is incorporated by reference. WHEREFORE, Plaintiff requests judgment in its favor and against the Defendants for the sum of $2,969.50 plus costs and expenses. Respectfully submitted, RIEN, BARIC SCH RE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. ~. David A. Baric, Esquire Dated: July 5, 2007 .+ aa.r•..rv rR ltt-lt \t~~ulli•r.i~•t'ttuc r.~tatttl,ct~~lxtr,;, P•l 1''U;_x;., Christopher Hinds Lori Hinds 39 Larch Orive Shippensburg, PA 1x257 . •~_.. PROMISSORY NOTE Date: October 23, 2006 pox value received, I, we or either of us, promise to pay to the prder of HCR ManorCare Health Services of Chamberstwrg at 1070 Stouffer Averu,s, Chambersburg PA 17201, the sum of S 1406.39 for Haaei Hhtds and 35152.85 for Robert Hinds In installments, payable as idtows: _3500.00 in biweekly installments of 5250.00 each beginning on _October 19, 2006_ and every two weeks thereafter until paid. This is in ~tlon to the payrrrertt due of 3432.00 Sortial Security for Hazel Hinds and 5581.75 pension due for Robert Hinds. This additional payment will be due and payable every month until the drect deposits can be changed over from the account at M & T Bank. Any Indebtedness due from the holder to the undersigned may be appropriated and applied hereon at any time as well as after the maturity hereof The makers, sureties, guarantors and endorsers severalty waive presentment for payment, protest, nofic;e of protest, ornon-payment of this note and atl exten~ons of rennewais thereof, and c9ligence, The makers, suretles, guarantors and endorsers jointly and severally oonsant that after this obligation shell have became due, time of payment may be extended, or this instrument maybe renewal], from tlme to time. and tl1el+ will and shall remain liable notwrthstarrdingsudr extensions of time of renewal. dueandt is made in the payment when due of any pelt then the entire amount of principal shall become immediately payable at the option of the holder of this note; provided however, the hddershaq grve the undersigned Written notice Of Such intent to accelerate the mate, the undersigned having fnre (5} days from receipt of such notice to cure any such default I, we or either of us, agree to pay sit expenses, including 1896 of the unpaid principal on said note, as attorneys tees incurred in collecting the same, by suit or otherwise, at any 8me hereafter. Should this note be signed by more than one person, fimt, corporation or association, all of the obligations herein sha11 be considered jdnt and several abligatlons of each signer hereof. Signature .. ~. ~ Address ~ ~a / I] ,. ,, L G\ _ fin. _ _ _ _ _ Telephone Z.' ~ Resident's Name Robert and Haze! Ninds Resident's Address _1070 Stouffer Ave Room E15 Chambersburg, PA 17201_ EXHIBIT "A" O'BRIEN, BARK & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer Robert J. Dailey June 21, 2007 Christopher and Lori Hinds 39 Lazch Drive Shippensburg, Pennsylvania 17257 RE: HCR ManorCaze Deaz Mr. and Mrs. Hinds: (717) 249-6873 Pax: (717) 249-S7SS Email.• dbaric(cr~obslaw com This correspondence shall serve as notification of your default under the payment terms of the Promissory Note you executed payable to HCR ManorCaze. A copy of the Promissory Note is enclosed for your reference. This correspondence shall also serve as written notice of HCR ManorCaze's intention to exercise the acceleration provisions of the Promissory Note. The total principal balance owed is $1,788.84. You have failed to make the bi-weekly payments since April 16, 2007. Your attention to this matter would be appreciated. If you fail to respond, legal action will be taken against you. Very truly yours, O'BRIEN, B C & SCHERER ~' ~ ~ David A. Baric, Esquire DAB/j 1 cc: L'z Caiey VIA FACSIMILE: (717) 263-7468 File dab.dir/manorcare/hinds/hinds.ltr EXHTBIT "B" THIS LETTER AND ANY FUTURE LETTER FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNLESS YOU, WITHIN THIRTY(30) DAYS AFTER RECEIPT OF THIS NOTICE, DISPUTE THE VALIDITY OF THIS DEBIT OR ANY PORTION THEREOF, WE WILL ASSUME THE DEBT TO BE VALID. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD THAT THE DEBT OR ANY PORTION THEREOF IS DISPUTED, WE WILL OBTAIN VERIFICATION OF THE DEBTS OR A COPY OF ANY JUDGMENT AGAINST YOU, AND WE WILL MAIL A COPY OF SUCH VERIFICATION OR JUDGMENT TO YOU. UPON WRITTEN REQUEST FROM YOU WITHIN THE THIRTY (30) DAY PERIOD, WE WILL PROVIDE YOU WITH HE ORIGINAL CREDITOR'S NAME AND ADDRESS IF DIFFERENT FROM THE CURRENT CREDITOR N ~a ~ ~ ~ ~C Opp T' ~'' c_ ~ 7--{ ~ ~ ~ _ _ rn ~ ~1~: --. " ~ ~ L? ~ ~ b .~ ~ h _~ • - -t = -c -.a ~_ ... CASE NO: 2007-04057 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HCR MANORCARE INC VS CHRISTOPHER A HINDS ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HINDS CHRISTOPHER A was served upon the DEFENDANT at 1132:00 HOURS, on the 13th day of July 2007 at 39 LARCH DRIVE SHIPPENSBURG, PA 17257 LORI HINDS, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.16 Postage ,58 Surcharge 10.00 .00 k~13~6`I ~,~,,., 4$ . 74 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/16/2007 OBRIEN BARIC RE By: Deputy Sheriff A.D. ,.,,~ SHERIFF'S RETURN - REGULAR ~~ CASE NO: 2007-04057 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HCR MANORCARE INC VS CHRISTOPHER A HINDS ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HINDS LORI the DEFENDANT at 1132:00 HOURS, on the 13th day of July 2007 at 39 LARCH DRIVE SHIPPENSBURG, PA 17257 by handing to LORI HINDS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 F~l3/6? ~ 1~6. o0 Sworn and Subscibed to before me this day of , So Answers: { .~ .~~.r~-~-~:~.-ate: ,,~~'-.,~ R. Thomas Kline 07/16/2007 OBRIEN BARIC SCHERER By: eputy Sheriff A.D. ... ~ '~4 HCR MANORCARE, INC., Plaintiff, v. . CHRISTOPHER A. HINDS and LORI HINDS, husband and wife, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007- 4057 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued without prejudice. Date: August 21, 2007 Respectfully submitted, O' EN, BARIC S E David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/manorcare/hinds/discontinue-cumberland.pra a. L CERTIFICATE OF SERVICE I hereby certify that on August 21, 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 party listed below, as follows: Christopher A. Hinds Lori Hinds 39 Larch Drive Shippensburg, Pe sylvania 17257 David A. Baric, Esquire ~ t J f'-Y ~~ _ C_,J -r ~, ~.~ . ~. ~ "` ---C T 't1 T~3 1`` .._ . ~.~ _ __~: 1 ~:; _, ' ` .. }~: „'~ w~J