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HomeMy WebLinkAbout07-5487 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE Plaintiff, vs. PAUL DILLMAN; Defendant. CIVII.. DIVISION No. ~ - ~y g1 ~;vi ~ Terw~ COMPLAINT IN COMPULSORY ARBITRATION Filed on Behalf of Plaintiff Golden Living Center -West Shore Counsel of Record for this Party: NATHAN T. CHASE, ESQUIRE Pa. I.D. # 200295 DODSON, MCCAFFREY & ASSOCIATES Suite 332 Building A 9800 McKnight Road Pittsburgh, Pa. 15237 (412) 635-9314 Nathan Chase@dodsonmccaffrey.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL CIVIL DIVISION SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE No. Plaintiff, vs. PAUL DILLMAN; Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe 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, 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. The Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL CIVIL DIVISION SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE No, _ p 7- ,~ .j ~ 7 ~ ~"~ Plaintiff, vs. PAUL DILLMAN; Defendant. COMPLAINT AND NOW COMES Golden Living Center -West Shore, Plaintiff in the above captioned case, through and by counsel, Nathan T. Chase, Esq., and files this civil action in compulsory arbitration against Paul Dillman, Defendant, and in support thereof show and submit the following before this Board of Arbitration: FACTUAL BACKGROUND 1. Plaintiff, Golden Living Center -West Shore is a Pennsylvania registered business, with its principal place of business and registered address located at 770 Poplar Church Road, Camp Hill, PA 17011. 2. Defendant, Paul Dillman is an individual residing at 3520 September Drive, Apartment 3, Camp Hill, PA 17011. 3. Plaintiff is regularly engaged in the business of providing nursing home care at the facility located at the above stated address. 4. Geraldine Dillman, deceased, died on March 20~' of 2007 and no estate has been opened. 5. Geraldine Dillman, deceased, was Defendant's wife. 6. Geraldine Dillman, deceased, was admitted to Plaintiffis nursing home facility on or about June 21 g` of 2006. 7. She was subsequently discharged from the facility on or about October 23`d of 2006. 8. She was then readmitted into Plaintiff s facility on or about November 8~` of 2006. 9. She continued to live at Plaintiff s facility until February 2nd of 2007, when at such time she was discharged from the facility and she returned to her permanent residence at 3520 September Drive, Apt 3, Camp Hill, PA 17011. 10. She lived at her permanent residence up and until the date of her death. COUNTI BREACH OF CONTRACT FAILURE TO PAY FOR SERVICES RENDERED 11. Paragraphs 1 -10 of this Complaint are herein incorporated as if set-forth at length. 12. From June 21St of 2006 through October 23rd of 2006 and from November 8th of 2006 through February 2nd of 2007, Defendant's mother received care and housing from Plaintiff. 13. Geraldine received Medicare coverage from June 21St of 2006 through August 6th of 2006 to supplement the costs owed to Plaintiff for services rendered. 14. Geraldine also received insurance coverage for a limited time during her stay. 15. Defendant and Geraldine made the following payments to Plaintiff $20.00 on August 8th of 2006, $224.46 on November 14th of 2006; $4,000.00 on November 30th of 2006, $2,769.14 on June 18th of 2007 and $2,769.14 on July 14th of 2007; total payments being made by Defendant to Plaintiff of $9,782.74. 16. After all the Medicare and insurance coverage had expired Defendant and Geraldine had accrued a remaining private portion balance for services rendered of $19,832.08. 17. After numerous attempts to collect same, Defendant has failed to continue making payments on the amount due and has failed to respond to Plaintiff's correspondences. WHEREFORE, Plaintiff, Golden Living Center -West Shore, respectfully requests that judgment be entered in its favor for services rendered and judgment be entered against Defendant Paul Dillman in the amount of $19,832.08. COUNT II FAILURE TO PAY SPOUSAL SUPPORT PURSUANT TO 23 Pa.C.S.A. § 4321 18. Paragraphs 1 -17, above, are herein incorporated as if set forth at length. 19. Under 23 Pa C.S.A §4321(1), married persons are liable for the support of each other according to their respective abilities to provide support as provided bylaw. 20. Plaintiff has and had an interest in the care, maintenance and assistance of Geraldine Dillman as her primary caregiver in the months leading up to her death. 21. Defendant has the financial ability to support Geraldine. 22. Defendant has failed to pay the balance due to Plaintiff for the services and care rendered and has thereby failed to provide financial support as required by law. WHEREFORE, Plaintiff, Golden Living Center -West Shore, respectfully requests that judgment be entered in its favor for services rendered and judgment be entered against Defendant Paul Dillman in the amount of $19,832.08. THIS, the ~ day of ~ ~ er- , 2007. Respectfully submi , Nathan T. Chase, Esq. Attorney for Plaintiff VERIFICATION I, Counsel for the Plaintiff herein, NATHAN T. CHASE, verify and affirm that the foregoing Complaint is factually true and correct based upon my own personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. Ann. § 4904 providing for criminal penalties for un-sworn falsification to authorities. Date: ~ ~ ~ ~ Nathan T. Chase, Esq. Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL CIVIL DIVISION SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE No. Plaintiff, vs. PAUL DILLMAN; Defendant. CERIFICATE OF SERVICE I do hereby certify that I have, on this ~ ~~ day of t t,- , 2007, served a true and correct copy of the foregoing complaint to Counsel for the Defendant by mailing same by United States mail, properly addressed and first class postage paid, to the following: Paul Dillman 3520 September Drive, Apt. # 3 Camp Hill, PA 17011-5058 ~' Nathan T. Chase, Esq. Attorney for Plaintiff 1 U ~ m ~~; ~ ~ ~ ~r ° ~ ~~ .,, -~ ~ ~~' ~ D ~ w cn SHERIFF'S RETURN - REGULAR CASE N0: 2007-05487 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOLDEN GATE NATIONAL SENIOR ET VS DILLMAN PAUL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DILLMAN PAUL the DEFENDANT at 1736:00 HOURS, on the 3rd day of October 2007 at 3520 SEPTEMBER DRIVE CAMP HILL, PA 17011 PAUL DILLMAN APARTMENT 3 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit I1 Surcharge ~plDgo~b Sworn and Subscibed to before me this of So Answers: 18.00 ~ ~/~ 13.44 10.00 R. Thomas Kline .00 41.44 10/04/2007 DODSON MCCAFFERY & ASSOCIATES By : ~~ ~~ day pYzty Sheri f f A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE Plaintiff, vs. PAUL DILLMAN Defendant. . CIVIL DIVISION N0.07-5487 Civil Term NOTICE TO PLEAD TO: Golden Gate National Senior Care, LLC dlb/a Golden Living Center -West Shore c/o Nathan T. Chase, Esquire Dodson, McCaffrey & Associates Suite 332 Building A 9800 McKnight Road Pittsburgh, PA 15237 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. BUCHANAN INGERSOLL & ROONEY PC ~ a,/~ s~0i a ~iJ ~IltoleZ. B da - - I.D. #8921 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 DATE: October 23, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE Plaintiff, CIVIL DIVISION N0.07-5487 Civil Term vs. PAUL DILLMAN Defendant. . DEFENDANT PAUL DILLMAN'S ANSWER WITH NEW MATTER TO THE COMPLAINT Defendant Paul Dillman ("Mr. Dillman"), by and through his attorneys Buchanan Ingersoll & Rooney PC, files this Answer with New Matter in response to the Complaint of Plaintiff Golden Gate National Senior Care, LLC d/b/a Golden Living Center -West Shore ("Golden Living") as follows: 1. Admitted. Mr. Dillman admits that Golden Living Center -West Shore has a principal place of business at 770 Poplar Church Road, Camp Hill, PA 17011. By way of further answer, Mr. Dillman believes, and therefore avers, that Golden Gate National Senior Care, LLC is a Delaware limited liability company. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. COUNTI BREACH OF CONTRACT FAILURE TO PAY FOR SERVICES RENDERED 11. The answers to paragraphs 1 through 10 above are incorporated herein by reference. 12. Denied. By way of further answer, Mr. Dillman's wife received care at Plaintiff's facility in Camp Hill, Pennsylvania from June 21, 2006 through October 23, 2006 and from November 8, 2006 through February 2, 2007. 13. Admitted. Byway of further answer, Mr. Dillman admits that Medicare paid part of the costs of his wife's medical care and treatment from June 21, 2006 through October 23, 2006 and from November 8, 2006 through February 2, 2007. 14. Admitted. By way of further answer, Mr. Dillman admits that private insurance paid part of the costs of his wife's medical care and treatment from June 21, 2006 through October 23, 2006 and from November 8, 2006 through February 2, 2007. 15. Admitted. 3 16. Admitted. By way of further answer, Mr. Dillman admits that Golden Living has claimed that the amount due on the account for Geraldine Dillman is $19,832.08 and that neither Medicare nor private insurance covered the amounts claimed by Golden Living. 17. Denied as stated. Mr. Dillman admits that Golden Living has sent requests for payment of $19,832.08, which is the amount Golden Living claims is past due on the Geraldine Dillman account. Mr. Dillman denies that he has failed to respond to Golden Living's correspondences. Mr. Dillman further denies any implication that he is able but has otherwise refused to remit payment for the account balance. Mr. Dillman further avers that he attempted to obtain long-term care assistance from the Department of Public Welfare in order to cover the costs of his wife's medical care and treatment. The Cumberland County Public Assistance Office denied that request. A subsequent appeal was also denied. WHEREFORE, Defendant Paul Dillman respectfully requests judgment in his favor and against Plaintiff Golden Gate National Senior Care, LLC d/b/a Golden Living Center -West Shore. COUNT II FAILURE TO PAY SPOUSAL SUPPORT PURSUANT TO 23 Pa. C.S. & 4321 18. The answers to paragraphs 1 through 17 above are incorporated herein by reference. 19. The averments in paragraph 19 contain conclusions of law to which no response is required. 4 20. The averments in paragraph 20 contain conclusions of law to which no response is required. To the extent a response is required, Mr. Dillman provided care, maintenance and assistance to his wife, Geraldine Dillman, to the extent of his abilities. 21. Denied. Mr. Dillman was and is financially unable to pay the amounts demanded by Golden Living with regard to services rendered to Geraldine Dillman. By way of further response, Mr. Dillman attempted to obtain public assistance from the Department of Public Welfare to cover the costs of his wife's care not paid for by Medicare or private insurance. Mr. Dillman's request for long-term care assistance for his wife, Geraldine Dillman, was denied. Mr. Dillman, who is eighty-years old, owns no real propertyl and his sole income is from Social Security and veteran's benefits. Mr. Dillman further has little or no savings currently maintained in any bank accounts. 22. Admitted in part and denied in part. Mr. Dillman admits that he has been unable to remit payment for the amounts demanded by Golden Living with regard to services rendered to his wife, Geraldine Dillman. Mr. Dillman denies that he failed to provide financial support to his wife, Geraldine Dillman, to the extent of his financial ability to pay. WHEREFORE, Defendant Paul Dillman respectfully requests judgment in his favor and against Plaintiff Golden Gate National Senior Care, LLC d/b/a Golden Living Center -West Shore. ~ Mr. Dillman owns a 1998 Ford Taurus; however, the vehicle is valued at less than $2000.00 and is his only means of transportation. 5 NEW MATTER 23. Mr. Dillman was and is financially unable to pay the amounts demanded by Golden Living with regard to services rendered to Geraldine Dillman. 24. Mr. Dillman attempted to obtain public assistance from the Department of Public Welfare to cover the costs of his wife's care not paid for by Medicare or private insurance and that request was denied. 25. Mr. Dillman owns no real property and maintains little or no savings in any bank accounts. 26. Mr. Dillman's sole sources of income are Social Security and veteran's benefits. 27. Plaintiff s claims are barred in whole or in part by 42 U.S.C. § 407(a). 28. Plaintiff has failed to state a claim for breach of contract in Count I of the Complaint in that Plaintiff has failed to plead the existence of a valid and enforceable contract. 29. Mr. Dillman has provided financial support to his wife, Geraldine Dillman, to the extent of his financial ability to pay. 6 WHEREFORE, Defendant Paul Dillman respectfully requests judgment in his favor and against Plaintiff Golden Gate National Senior Care, LLC d/b/a Golden Living Center -West Shore. BUCHANAN INGERSOLL & ROONEY PC By i ole L. Bo I.D. #89214 One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 (717) 237-4854 DATE: October 23, 2007 7 VERIFICATION I, Paul Dillman, have read the foregoing document and verify that the facts set forth are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties in 18 Pa., C.S. § 4904, relating to unsworn falsification to authorities. ~ r/~~ Paul Dillman DATE: ~2~' ~ CERTIFICATE OF SERVICE I certify that I have served the foregoing Answer with New Matter on counsel of record by placing copies of the same in the U.S. mail, first-class postage prepaid, addressed as follows: Nathan T. Chase, Esquire Dodson, McCaffrey & Associates Suite 332 Building A 9800 McKnight Road Pittsburgh, PA 15237 By: i ole L. DATE: October 23, 2007 c _ ~; -rt K ~ •~ _ . -r'~ i?~ _. ra 4__ _ "'t'°f .3. _e LJ ~-C- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL CIVIL DIVISION SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WESTSHORE No. C2~ _ ~yg~ ~':.i<~ IeD,,., Plaintiff, vs. RESPONSE TO DEFENDANT'S ANSWER AND NEW MATTER PAUL DILLMAN; Defendant. Filed on Behalf of Plaintiff Golden Living Center -West Shore Counsel of Record for this Party: NATHAN T. CHASE, ESQUIRE Pa. I.D. # 200295 DODSON, MCCAFFREY & ASSOCIATES Suite 332 Building A 9800 McKnight Road Pittsburgh, Pa. 15237 (412) 635-9314 Nathan Chase@dodsonmccaffrey.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL CIVIL DIVISION SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE No. Plaintiff, vs. PAUL DILLMAN; Defendant. RESPONSE TO DEFENDANT'S ANSWER AND NEW MATTER Golden Living Center -West Shore, Plaintiff in the above captioned case, by and through counsel, Nathan T. Chase, Esq. of Dodson, McCaffrey & Associates, files this Response to Defendant's Answer and New Matter: 23. Denied. Plaintiff is without knowledge as to the extent of Defendant's finances; however, he was denied long-term care assistance by the Cumberland County Public Assistance Office for the reason that Defendant's finances were sufficient to pay at the time he was denied. It is further averred that Defendant had stated to Plaintiff that at one point he "gave away" his money, which is believed to have been approximately $100,000.00 to an unknown and unrevealed recipient. 24. Admitted. It is further averred that Defendant was denied medical assistance because the Department of Public Welfare determined that he was over the limit of resources necessary to qualify for assistance, indicating that he had financial ability to pay for his wife's nursing home costs. 25. Admitted in part. Plaintiff admits that Defendant owns no real property. Plaintiff is without sufficient knowledge as to the extent of Defendant's current status in regard to how much money he holds in bank accounts, but it is known that Defendant gifted away large sums of money within the past year. 26. Admitted in part. Plaintiff admits that Defendant receives Social Security and veteran's benefits income; however, Plaintiff is without knowledge as to whether these are his only sources of income but it is known that Defendant would have received any and all funds and assets from his wife's, Geraldine Dillman, deceased, who passed away this past year. 27. The averment in paragraph 27 contains conclusions of law to which no response is required. 28. The averment in paragraph 28 contains conclusions of law to which no response is required, to the extent a claim is required it is denied as a clear and concise contract was executed between the parties herein, such contract was created both in writing and by implication of law through the actions of the parties, as the Complaint indicates. 29. Denied in part and admitted in part. Plaintiff admits that Defendant has provided some financial support to his wife by providing several payments to Plaintiff; however, it is denied that he provided support to his fullest extent as legally required. THIS, the ~~ ~~ day of /~/~ J~,~,~, ;~-- , 2007. Respectfully! submitted, ,,~ l~ `'~ _ ~,~ r ., _ ,~ ~__ Nathan T. Chase, Esq. Attorney for Plaintiff VERIFICATION I, Counsel for the Plaintiff herein, NATHAN T. CHASE, verify and affirm that the foregoing Complaint is factually true and correct based upon my own personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. Ann. § 4904 providing for criminal penalties for un-sworn falsification to authorities. Date: (/'~ v `~ ., f ~ ! J r' /J Nathan T. Chase, Esq. Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE Plaintiff, vs. PAUL DILLMAN; Defendant. CIVIL DIVISION No. CERIFICATE OF SERVICE I do hereby certify that I have, on this ~ ~ day of /I/u ~e er ; 2007, served a true and correct copy of the foregoing complaint to Counsel for the Defendant by mailing same by United States mail, properly addressed and first class postage paid, to the following: Nicole L. Borda One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 '~~ /~ ///// j~ l~ J / l !/ f' Date Nathan T. Chase, Esq. Attorney for Plaintiff C ~° ~~ -_.~ ~ ?err; ~:~:_ ~s ~ ca -~ c~ r .: w C~` '- .~ - .~~t~ ~ - '"rn ~ w -~ '~ rn .. ~' . +. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE Plaintiff, vs. PAUL DILLMAN; Defendant. ~iea~. ~~ ( ~ CIVIL DIVISION No. 07-5487 -Civil Term Praecipe to Satisfy and Discontinue Complaint with Prejudice Filed on Behalf of Plaintiff Golden Living Center -West Shore Counsel of Record for this Party: NATHAN T. CHASE, ESQUIRE Pa. I.D. # 200295 DODSON, MCCAFFREY & ASSOCIATES Suite 332 Building A 9800 McKnight Road Pittsburgh, Pa. 15237 (412) 635-9314 Nathan Chase@dodsonmccaffrey.com ~ J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL CIVIL DIVISION SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE No. 07 - 5487 -Civil Term Plaintiff, vs. PAUL DILLMAN; Defendant. PRAECIPE TO SATISFY AND DISCONTINUE CLAIM WITH PREJUDICE To the Prothonotary: Please satisfy and discontinue the above captioned claim against all defendants. The discontinuance shall be with prejudice as in accordance with the settlement agreement THIS, the ~ day of w~u,,- , 2008. Respectfully submitted, r r 1 Nathan T. Chase, Esq. Attorney for Plaintiff VERIFICATION I, Counsel for the Plaintiff herein, NATHAN T. CHASE, verify and affirm that the foregoing Complaint is factually true and correct based upon my own personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. Ann § 4904 providing for criminal penalties for un-sworn falsification to authorities. /o Date: ~ ~ ~ o ~//~ Nathan T. Chase, Esq. Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL CIVIL DIVISION SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER - WEST SHORE No.07-5487-Civil Term Plaintiff, vs. PAUL DILLMAN; Defendant. CERIFICATE OF SERVICE I do hereby certify that I have, on this ~ day of a~~~ , 2008, served a true and correct copy of the foregoing complaint to Counsel for the Defend t by mailing same by United States mail, properly addressed and first class postage paid, to the following: Nicole Borda Buchanan Ingersoll & Rooney One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101-2121 ~~' ~ Nathan T. Chase, Esq. Attorney for Plaintiff C•-; "-~ ~ j ~'i1 Yi41 f,_ _._:: .~ ,~-. .. ,. '~_ ~,,. - .. `-!