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Home My WebLink About07-7493w HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007- 7410.3 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. : NO. 2007- 7119'3 Cc Q- 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 December 5, 2007, there is due and owing on the Promissory Note the following: a) principal of $1,188.84; b) attorney fees of $215.00; 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 $1,188.84 plus costs and expenses. Respectfully submitted, O' N, BARIC CHE r 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. Dated: 13 David A. Baric, Esquire N(ILIIIC•f -Avk-nut• PA 1-201-2c)977 40 263-14.4 PROMISSORY NOTE Christopher Hinds Lori Hinds 39 Larch Drive Shippensburg, PA 17257 Date: October 23, 2006 For value received, i, we or either of us, Chambersiwry at 1070 Stouffer Avenu, Promise to pay to the order of HCR ManorCare Health Services of '51x"85 for Robert Hinds in installments bw, rg FA 17'201, the sum of $1406. Ober 19, 2006_ and eve ? payable as follows: ? for Hazel Minds anq beginning on Oct $500.00 in biweekly installments of $250.00 each two $432.00 Sootal Security for Hazel Hinds and $58"k$ theafter unfit paid This is in addition to the payment due and payable every month unfit the s and pension due for Robert Hinds. This additional due of direct deposits can be changed over from the mo ?ent will be unt at M & Any Indebtedness due from the holder to the undersigned may be appropr eted and well as after the maturity hereof applied hereon at any time as The makers, sureties, guarantors and endorsers or nonpayment of this note and all extensions of rseverally enewals al waive presentment for payment, protest, notice of renewals thereof, and c oomce, protest, The makers, sureties, puaranbrs and endo? T eom due, time of jointly and sully consent that after this oblt and shall rem time o liable notwithstanding Payment may be extend, or his instrument Action shall have rag such extensions of time of may be ? ' from tlme to time, and they will If default is made in the renewal. due and Payable at the payment when due of any part then the entire amount of written notice of such irate t to o Of the holder of this note, provided h ?? shelf become immediately ccdemte the note, the undemi owever, the holder Mall give the undersigned cure any such default. 9ned having live (5) days from receipt of s such notice to 1, we or either of us, agree to incurred in collect! the pay all expenses, including 1896 of the tee, by suit or otherwise, d unpaid principal on said note, as a Should this note be signed any time hereafter- keys fees by more than one shall be considered joint and several obligattoof ea h signer f or associa6an, all of the obligations herein Signature~ Address Telephone Resident's Name __Robert and Hazel Hinds Resident's Address _1070 Stouffer Ave Room E15 Chain bersburg, pa 17201 EXHIBIT "All Law Vices Robert L. O'Brien David A. Baric Michael A. Scherer Roberti Dailey June 21, 2007 Christopher and Lori Hinds 39 Larch Drive Shippensburg, Pennsylvania 17257 RE: HCR ManorCare Dear Mr. and Mrs. Hinds: (717) 249-6873 Fax-* (717) 249-57,55 db Email: ari obslax' com This correspondence shall serve as notification of your default un of the Promissory Note you executed payable to HCR ManorCare. A copy der of the the Promissory Note is enclosed for your reference. payment terms This correspondence shall also serve as written notice of HCR M exercise the acceleration provisions of the Promisso anorCare's intention to $1,788.84. You have failed to make the biweekly r Note. The total principal balance owed is payments since April 16, 2007. Your attention to this matter would be appreciated. If you fail to respond will be taken against you. , legal action Very truly yours, DAB/jl cc: gLCaley VIA FACSIMILE: (717) 263-7468 dab.dir/manorcare/hinds/hinds.ltr O'BRIEN, B,IRIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 O'BRIEN, BAIUC & ST ER ?' t David A. Baric, Esquire EXHI BIT "B1, 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 YOU9 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. ?rJr? IW JU FR 1{I:R :\;?nrq{::UZ. 7172637468 TO 2495755 p•02/03 l??'li tiinulti•r.?rellucJ ta?arnh.c:cbur?. ha 1"_t1i.?gq- 17- 263-443(1 MC17 -? PROMISSORY NOTE Christopher Hinds Lori Hinds 39 Larch Drive Shippensburg, PA 17257 Date. October 23, 2006 CFhor value received, I, we or either of us, promise to pay to the prder of HCR ManorCare Health Senrioes of ambersburg at 1070 Stouffer Avenue, Chi $5152.85 for Robert Hinds In installment ro PA 1x201, the sum of $ 1406.39 for Hanel Hinds and beginni on -0 payable fellows: _$500.00 in biweekly t. h ng ctober 19, 2006_ and every two Weeks thereafter until installmen s of $250 aid This is addition to #0 00 eac $432.00 Social Security for Hazel Hinds and $581.75 pension due for Robert Hinds. rThr payment due of due and payable every month until the direct deposits can be changed over r additional paymentwill be oom the account at M & T Bank. Any Indebtedness due from ft holder to the undersigned may be appropriated and applied hereon at any time as wail as after the maturity hereof. ny The makers, sureties, guarantors and endorsers several . or nonpayment of this note and all extensions of renewals thereof, presentment for payment, Protesk notice of protest, thereof, and dlligance. The makers, sureties, guarantors and endorsers jointly and severally consent that after this obligates shall have become due, time of payment may be extended, or this instrument and shall remain liable notwithstanding such extensions of Brno of may be renewed, from time to Gme, and they will renewal. If default is made to the payment when due of due and payable at the any part then the entire amount of principal shall become Immediately option of the holder of this note, provided however, the holder shag written notice of such intent to accelerate the note, the undersigned havi giYe the undersigned cure any such default. n9 five (5) days from receipt of such notice to i, we or either of us, agree to pay all expenses, including 189b of e unpaid incurred in collecting the same, by suit or otherwise, at any time he "after. Pnr>crpai on said note, as aa?ey's fees Should this note be sigh by more than one shall be considered joint and several obligations' each signner hereof or association, all of the obligations herein Signature Address . AQf / n Telephone 1 Resident's Name Robert and Hazel Hinds Resident's Address _1070 Stouffer Ave Room EIS Chambersbu rg, PA I7201 a o 0 w? F- 1l q "C? ^; rn t5 i i1.... HCR MANORCARE, INC., Plaintiff, V. CHRISTOPHER A. HINDS and LORI HINDS, husband and wife, Defendants. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 7493 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO ATTACH Please attach the following Substitute Verification to the Complaint filed in this matter on December 14, 2007. Resnectfully submitted. Date: December 18, 2007 dab.dir/manorcare/hinds/attach.pra David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 4121P/2007 11:56 7172495755 CBS PAGE 05 VERIFICATION I, Sherry Helm, Business Office Manager, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. 1 hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted verification. 1. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn ;falsifications to authorities. Date: . I a- 9-w 3unu L 1 4100 berry Helm Busi ss Office Manager, JAN 14 1996 09:2? ?1?2495?55 PAGE.05 / II CERTIFICATE OF SERVICE I hereby certify that on December 18, 2007, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Attach, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Christopher and Lori Hinds 39 Larch-Drive Shippensburg, Pe ylyyania 17257 David A. Baric, Esquire ca ,, .. T; u < Q l av C-_ .== m N ? SHERIFF'S RETURN - REGULAR CASE NO: 2007-07493 P I COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HCR MANORCARE INC VS HINDS CHRISTOPHER A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HINDS CHRISTOPHER A the DEFENDANT at 1925:00 HOURS, on the 26th day of December , 2007 at 39 LARCH DRIVE SHIPPENSBURG, PA 17257 CHRISTOPHER HINDS 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 Postage Surcharge So Answers: 18.00 19.20 .58 . 10.00 R. Thomas Kline .00 47.78 12/28/2007 OBRIEN BARIC SCHERER Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07493 P `COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HCR MANORCARE INC VS HINDS CHRISTOPHER A ET AL KENNETH GOSSERT , 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 1925:00 HOURS, on the 26th day of December , 2007 at 39 LARCH DRIVE SHIPPENSBURG, PA 17257 by handing to CHRISTOPHER A HINDS HUSBAND 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 Surcharge So Answers: 6.00 .00 + . 00 10.00 R. Thomas Kline .00 16 00 12/28/2007 OBRIEN BARIC SCHERER Sworn and Subscibed to By: before me this day of A. D. Duty S eri f r 1(11 ? 10 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 NO. 2007- 7493 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. Respectfully submitted, , BARIC & SCHE O'BPEN, Date: May 6, 2008 David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff ii CERTIFICATE OF SERVICE I hereby certify that on May 6, 2008, 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 parry listed below, as follows: Christopher A. Hinds Lori Hinds 39 Larch Drive Shippensburg, Pennsylvania 17257 r David A. Baric, Esquire N c? A C 4d co l W