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HomeMy WebLinkAbout01-6234BEVERLY HEALTH & REHABILITATION SERVICES, INC., Plaintiff V. SARA McALICHER, Defendant : IN THE COURT OF COMMON PLEAS OF : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. ~l - ~,~y CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other dghts 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 BEVERLY HEALTH & REHABILITATION SERVICES, INC. Plaintiff V. SARA McALICHER, Defendant : IN THE COURT OF COMMON PLEAS OF : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW 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 Bevedy 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. At all times relevant hereto, McAlicher was and is a patient and resident of bevedy. 4. Bevedy 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 Bevedy, and through her authorized agent entered into an Admission Agreement with Bevedy. A copy of such Agreement is attached and incorporated fully herein as Exhibit 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. Bevedy 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 Bevedy 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 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. 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. DATED: October 29, 2001 By: IVrark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17055 (717) 691 ~5400 Attorney for Plaintiff 4 EXHIBIT A M/Private RESIDENT-SPECIFIC INFORMATION This Facility accepts the following types of payments: (Check all that apply.) [/Medicare g/f'vledicald [vl{reterans Administrati°n The parties to this Agreement are: (Name of Facility) PARTIES (Name of Resident) Rolocd (Name of Resident's Agent) (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 (DPAHC) [ ] Agent Acting Under General POA If you are signing this Agreement on behalf of the Resident, note your relationship to the resident: Relationship to Resident On this 0'7 day of {~t~,~ , lal~otO, the above parties agree that on the 0'7 day of ,3 tin6 .1'92a~ 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. ACKNOWLEDGEMENTS By signing the Admission Agreement Signature Page, the Resident/Agent/Legal Representative acknowl- edges that he or she has been given and has read this Agreement in its entirety, and all addeadums. 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 N/A): f 1. A list of supplies and services that are included in the Facility's private daily rate oF that will be paid for by the Medicaid or Medicare programs and a list of supplies and services not included in the Facility's tn'ivate daily rate or paid for by the Medicaid or Medicare progrants for which the Resident will be separately charged. 15 White - Business Office Pink - Medical Records Yellow - Resident Information about the Facility's bed hold procedures. 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. A statement explaining that the Resident may file a grievance with the appropriate State Agency about resident abuse, neglect, and/or misuse/theft of resident personal property in the Facility. Copies of the State Resident Rights. A written explanation of the Facility's Rules and Regulations. 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. A copy of the facility policy regarding implementation of the Patient Self Determination Act and of the applicable State law. I do do not ,I have an advance directive. I have been informed, both orally and in writing, in a language I understand, of my rights and the rules and regulations governing my conduct and responsibilities during my stay at the Facility. NOTICES Notices shall be mailed to the address(es) 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 Street LEGAL REPRESENTATIVE AND/OR AGENT ~o Al'leht~r Home Phone(,_'i I1') -I ~ - [25 t Work Phone Road City £nole State ~o/~ Zip 1702.~ Name Street OTHER PERSON TO BE NOTIFIED Home Phone Work Phone City State Zip 16 White - Business Office Pink - Medical Records Yellow - Resident ADMISSION AGREEMENT SIGNATURh~PAGE Resident Witness if Resident Signed with a Mark Witness if Resident Signed with a Mark Date Date Date Legal Representative Date Legal Representative's Telephone Number Agent ~ Legal Representative's Social Security No. Date Agent's Telephone Number Facility Admini~rator or Designee Agent's Social Security No. Date Note: The signatures above refer to the information contained on pages I through 18 of the Beverly Enterprises Admission AgreemenL 19 White - Business Office Pink - Medical Records Yellow - Resident [ ] Forward all of the Resident's mail to: MAII. ~"-- The Facility is authorized to handle the Resident's mail as follows: (Check one box only.) [ ] All mail given directly to the Resident [ ] All mail read to the Resident riG-ire personal mail to the Resident; forward business mail to: RESIDENT'S PHYSICIAN 13rkr gro~ - _~r~rni~ of Cerrl~l SPECIALTY: ADDRESS: TELEPHONE: 17 W~ite - Business Office Pink - MedicafReeords Yellow - Resident 'R'~SIDENT TRUST FUND AuTH~FRIZATION A Resident Trust Fund is an amount of money held by the Facility for the Resident's personal 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 his/her name. The individual financial records shall be available through quarterly statements, and on request, to the Resident or his/her Agent or Legal Representative. The Resident understands that all withdrawals shall be authmSzed by the Resident or his/her Agent or Legal Representative in writing. The following persons may authorize with- drawals on the Resident's behalf: Name of Authorized Person Resident's Signature Name of Authorized Person Date Witness if Resident Signed with a Mark Date Witness if Resident Signed with a Mark Date Legal Representative's Signature Date (if applicable) Agen s ua Date (if applicable) O0 18 White - Business Office Pink - Medical Records Yellow - Red(lent 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. {}4904 relating to unsworn falsification to authorities. DATE: ~/~/~ / ~/ ,~dy Skoda SHERIFF'S RETURN - CASE NO: 2001-06234 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEVERLY HEALTH & REHAB SERVICE VS MCALICHER SAR3t REGULAR 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 at CUMBERLAND CO OFFICE OF AGING 16 W HIGH ST 2001 CARLISLE, PA 17013 PRISCILLA WHITMAN by handing to 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 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~? day of ~ =7~/ A.D. ! 4~rothonotary ! ~ So Answers: R. Thomas Kline ii/Oi/200i FENSTERMACHER & ASSOC Deputy Sh~iff BEVERLY HEALTH & REHABILITATION SERVICES, Vo SARA McALI CHER, INC., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLA!~D COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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: ~2~'~dfo~Dorrance I.D. N'o. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Defendant) BEVERLY HEALTH & REHABILITATION SERVICES, SARA McALICHER, INC., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 01-6234 Civil Term ANSWER TO COMPLAINT WITH NEW MATTER estate, 1. 2. 3. 4. agreement Defendant, Sara McAlicher, by her co-guardian of the Robert McAlicher, files answer based on the following: Admitted on information and belief. Admitted. Admitted. Admitted on information and belief. 5. Admitted in part; denied in part. The admission 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 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 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. 10. Denied. After reasonable investigation, Mrs. McAlicher 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. W~EREFORE, defendant, Sara McAlicher, requests that the complaint be dismissed with prejudice and with all costs taxed against plaintiff. 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 responsive pleading is required. 4 17 is an allegation to which no To the extent a responsive 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. W~EREFORE, 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 Community Ass'n v. 5 Comis, enrichment does not apply to a express contract.) 21. Alternatively, 296 Pa. Super. 77, 442 A.2d 304 (1982). (Unjust legal relationship governed by if the Court finds that Beverly has alleged and can establish the requisite elements of its claim for answering defendant denies that Beverly's charges customary, and in accordance with industry quantum meruit, were reasonable, standards. 22. Answering defendant asserts a defense or counterclaim in the nature of setoff or recoupment for all palfments 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). 15 U.S.C. §§1692e(11), g; see also 37 Pa. Code §303.1 et seq. 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. §1692(k) (a) (1) et seq. 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. W~EREFORE, 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 & R3~HAL, LLP I. D. NO. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 (Attorneys for Defendant) VERIFICATION matter, and R.C.P. No. new matter are true and correct information, 3. subject to the penalties of 18 Pa. C.S. unsworn falsification to authorities. the undersigned, hereby verify and state that: I am counsel for defendant in the foregoing I am signing this verification in accordance with Pa. 1024(c). 2. The facts contained in the foregoing answer with to the best of my knowledge, and belief. I understand that false statements §4904, herein are made relating to Dated:~/O-Z~ ~~B~radf ord Dorrance 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, 5115 East Trindle Rd. Mechanicsburg, PA 17055 (Attorneys for Plaintiff) Dated:~/~P--~ BEVERLY HEALTH & REHABILITATION SERVICES, INC., Plaintiff V. SARA McALICHER, Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-6234 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. 25. Denied as a conclusion of law. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: Mark K. Emery Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17055 (717) 691-5400 Attorney for Plaintiff DATED: March 11,2002 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. Mark K. Emery BEVERLY HEALTH AND : REHABILITATION SERVICES, INC.,: PLAINTIFF : V. : SARA McALICHER, : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-6234 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 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. 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.'~'72787 410 North Second Street Harrisburg, PA 17102 Attorney for Plaintiff BEVERLY HEALTH & REHABILITATION SERVICES, INC., Plaintiff V. SARA McALICHER, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 01-6234 · CIVIL ACTION - LAW PLAINTIFF'S FIRST SET OF WRITTEN INTERROGATORIES 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 Plaintiff's counsel, Fenstermacher and Associates, 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 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. "Document", 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: the person's full name; the person's present or last known address; and the person's employer and employer's address at the time of the events referred to in the Interrogatory. 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: Its full corporate name; the date and place of incorporation, if known; the present or last known address of the entity; and 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: the nature of the document (i.e. whether it is a report, statement, letter, etc.); the title of the document, or if no title, a description of the document sufficient to identify same; the identity of the person(s) who prepared the document; the identity of the person(s) for whom the document was prepared or to whom the document was directed; the date the document was prepared; and the identity of the present custodian of the document or any copy of the document. d. An oral communication means to state: vi. the date the communication occurred; the place where the communication occurred; the substance of the communication; the identify of the person(s) who made the communication; the identity of each person to whom such communication was made; and 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. 4. "You" or "Your", when used herein, refers to Sara McAlicher, Defendant, her agents, representatives, servants, and/or employees. 4 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: 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 3. Identify each expert you intend to call as a witness at the trial of this matter, and for each expert state: and The subject matter about which the expert is expected to testify; 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 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 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: 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: all individuals who have knowledge of these facts; and all documents which support your contention. ANSWER: l0 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. DATED: March 11, 2002 By: Mark K~. Emery~-' Supreme Court I.D. #72787 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff 11 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 Plaintiff's 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. · Mark K:'"Emery ¢- 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 Mark K. Emery BEVERLY HEALTH AND : REHABILITATION SERVICES, INC.,: PLAINTIFF : V. : SARA MCALICHER, : DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-6234 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 f~l~ &n~ ccmp±~te ~ to Plaintiff's first Set of Written Interrogatories within twenty (20) days of service, or suffer the appropriate sanctions. distribution: Mark K. Emery, Esquire Bradford Dorrance, Esquire BY THE COURT BEVERLY HEALTH AND REHABILITATION SERVICES, INC., SARA McALICHER, PLAINTIFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · DOCKET NO. 01-6234 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 counsel or 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 DATE~'//C2oJ Supreme Court I.D. # 72787 410 North Second Street Harrisburg, PA 17101 717-238-9883 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 11th day of June, 2002, I, Mark K. Emery, Esquire do hereby certify that I 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 Mark K. Emery BEVERLY HEALTH AND REHABILITATION SERVICES, INC., SARA McALICHER, PLAINTIFF DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-6234 : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this ~O/'~ day of June, 2002, in consideration of the foregoing petition, ~ ~ v . / ..- / .z¢?,. , Esq., , Esq., and .~~~ Esq., are appointed arbitrators in the above- captioned action as prayed for. BY THE COURT BEVERLY HEALTH AND REHABILITATION SERVICES, INC. SARA McALICHER IN RE: ARBITRATION PANEL IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · 01-6234 CIVIL TERM 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, Dale F. Shughart, Jr., Esquire Chairman Court Administrator Geo~ P.J. The :our: of Common Pleas of C,--herland County, Pennsylvania We do sole~ly swear (or affirm) the= we will suppor:, obey and defend and :he Cons=i~ua~on of chis Common- the Constitu:ion of =he Uni=ed Sca=es weai=h and =ha= we will discharge =he du __Chairman We, :he undersigned arbitra:ors, having been duly appointed and sworn (or affirmed), make =he following award: (No=e: If d~.~es for delay are awar4ed, :hey shall be separa=ely applicable.) Date of Hearing: Date of Award: ~ - ~ / C~a±rman NOTICe. OF MNTR~ OF AWARD a~ard was mn=ered upon the Arbitrators' ¢om~.ensation Co be __ ~ . · _ paid upon appeal: - ' BEVERLY HEALTH AND REHABILITATION SERVICES, INC., PLAINTIFF V. SARA McALICHER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-6234 : 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 MarR K?'Emery, Esquir~--- Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff OA'I'~ In The Court of Co---on Pleas of Ct~berland County, Pennsylvania We do sol-~ly swear (or affirm) that we will support, obey and defend the Constitution of The United STates and the ConsTi~u:ion of chis Common- wealth and ~hat we will discharge the du ....... eli:y. Chairman AWARD We, The undersi&~aed arbitrators, having been duly appointed and sworn (or affirmed), make The fo]-lo~ng award: (Note: If d~rmaSes for dele? are awarded, they shall be separatel7 stated.) . A~bitrator, dissents. (Insert name if anplicable.), NOTI~ OF a~rd was entered upon ~he docka~ and no,ice thereof given by ~il co ~he parUies or ~hei_ a~Co~eys. Arhi~ra~ors' co~e~a~ion ~o be paid upon appeal: Deputy 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 fellows: 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 Mark K~ Emery ~ Supreme Court I.DfCtr¢0. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiffs BEVERLY HEALTH AND REHABILITATION SERVICES, INC., PLAINTIFF V. SARA McALICHER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01-6234 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 DATE: December 27, 2002 By: Mark K. Emery, Esq~ Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 27TM 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 Mark K. Emery