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Home My WebLink About08-2244 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN VENTURES NATIONAL SENIOR CARE, LLC d/b/a d/b/a WEST SHORE HEALTH AND REHABILITATION CENTER 770 Poplar Church Road Camp Hill, PA 17011 Plaintiff, CIVIL DIVISION NO. 02- oj.2q { OVS. PETITION FOR CONFIRMATION OF ARBITRATION AWARD PURSUANT TO PA RCP 1328 LOUISE NEAL 3277 Wakefield Road Apartment B Harrisburg, PA 17109 Defendant. Filed on behalf of Plaintiff West Shore Health & Rehab 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 VENTURES NATIONAL SENIOR CARE, LLC d/b/a WEST SHORE HEALTH AND REHABILIATION CENTER Plaintiff, CIVIL DIVISION NO. VS. LOUISE NEAL Defendant NOTICE TO FILE ANSWER A party to these proceedings has filed a motion to confirm an arbitration award. If you oppose the motion, you are required to file an answer to the motion within thirty (30) days from the date below setting forth your objections to the motion. If you fail to file an answer, a money judgment based on the arbitration award may be entered against you without further notice. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA, 17103 717-249-3166 Toll Free (in PA) 1-800-990-9108 oof Nathan T. Chase, Esq. Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN VENTURES NATIONAL CIVIL DIVISION SENIOR CARE, LLC d/b/a WEST SHORE HEALTH AND REHABILIATION CENTER Plaintiff, vs. LOUISE NEAL Defendant PETITION FOR CONFIRMATION OF ARBITRATION AWARD PURSUANT TO PA RCP 1328 1. Plaintiff, Golden National Senior Care, LLC d/b/a West Shore Health and Rehabilitation Center, is a Pennsylvania registered business in good standing, being engaged in the business of providing nursing home care and medical assistance and having an address of 770 Poplar Church Road, Camp Hill, County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant Louise Neal, is an individual and a Pennsylvania Resident having her current address at 3277 Wakefield Road, Apt. B, Harrisburg, PA 17109. 3. Defendant Neal was admitted into Plaintiffs nursing home and healthcare facility on or about September 5th of 2006 and she has since been discharged from Claimant's facility to her now current address. 5. On or about the date of admission, September 5th of 2006, by and through her agent, Paulette Hatcher, Defendant Neal, agreed to and signed an Arbitration Agreement, which bound both Plaintiff and Defendant to resolve any disputes through an independent private arbitration. A true and correct copy of the Arbitration Agreement is attached hereto, made a part hereof and is labeled as Exhibit A. 6. During Defendant's stay at Plaintiffs facility, Defendant had accrued an unpaid balance due to Plaintiff for services and items received of $6,986.34. 7. Defendant failed to pay the above stated amount following numerous attempts to collect the same; Plaintiff subsequently filed a claim with the National Arbitration Forum pursuant to the Arbitration Agreement against both Defendant Louise Neal and her agent Paulette Hatcher. 8. Following proper service and notice via certified mail, signed return receipt, through the United States Postal Service, hearings were held before the arbitrators on or about March 28th of 2008 and the parties were given a full opportunity to present all testimony and evidence they desired in support of their positions. 9. After the hearing and review of the claim, the National Arbitration Forum issued an Award dismissing the claim against Paulette Hatcher but found for Plaintiff and against Defendant Louise Neal only for the amount due to Plaintiff, being Six Thousand Nine Hundred and Eighty Six Dollars and Thirty Four Cents ($6,986.34). A true and correct copy of the Arbitration Award is attached hereto, made a part hereof and is labeled as Exhibit B. 10. Following the issuance of the award on March 31 st of 2008, Defendant Louise Neal has failed to make any payment toward the back balance and the entire amount is still due. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order in the form attached hereto confirming the award of the arbitrators and entering judgment in favor of Plaintiff, West Shore Health and Rehabilitation Center and against Defendant, Louise Neal, in the amount of Six Thousand Nine Hundred and Eighty Six Dollars and Thirty Four Cents ($6,986.34), being the amount of the Arbitration Award. Dodson & Chase Attorneys for Plaintiff West Shore Health and Rehab Center Nathan T. Chase, Esq. VERIFICATION Q, e_ , the undersigned, being an attorney for West Shore Health and Rehabilitation Center, verify that the statements and averments made in the foregoing Petition for Confirmation of Arbitration Award are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4907, relating to unsworn falsification to authorities. Date: L(,17 Dodson & Chase Attorneys for Plaintiff West Shore Health and Rehab Center Nathan T. Chase, Esq. EXHIBIT A ARBITRATION AGREEMENT RESIDENT AND F',kCILITY,kRBITRA'TION ,1GREENIE.NT (NOT A CONDITION OF ADMISSION -'READ CAREFULLY) This Arbitration Agreement is executed by ",c 1 If Q? HEALTH/ ¢ ?c%B (the "Facility") and kt5 C MEAL ("Resident" or "Resident's Authorized Representative", hereafter collectively referred to as "Resident") in conjunction with an agreement for admission and for the provision of nursing facility services (the "Admission Agreement") by Facility to Resident. The parties to this Arbitration Agreement acknowledge and agree that upon execution, this Arbitration Agreement becomes part of the Admission Agreement, and that the Admission Agreement evidences a transaction involving interstate commerce governed by the Federal .Arbitration :pct. It is understood and agreed by Facility and Resident that any and all claims, disputes, and controversies (hereafter collectively referred to as a "claim" or collectively as "claims") arising out of, or in connection with, or relating in any way to the Admission Agreement or any service or health care provided by the Facility to the Resident shall be resolved exclusively by binding arbitration to be conducted at a place agreed upon by the Parties, or in the absence of such an agreement, at the Facility, in accordance with the National Arbitration Forum Code of Procedure, which is hereby incorporated into this Agreement\l, and not by a lawsuit or resort to court process. This agreement shall be governed by and interpreted under the Federal Arbitration Act, 9 U.S.C. Sections 1-16. This agreement to arbitrate includes, but is not limited to, any claim for payment, nonpayment, or refund ,) for services rendered to the Resident by the Facility, violations of any right granted to the Resident by law or by the Admission Agreement, breach of contract, fraud or misrepresentation, negligence, gross negligence, malpractice, or claims based on any departure from accepted medical or health care or safety standards, as well as any and all claims for equitable relief or claims based on contract, tort, statute, warranty, or any alleged breach, default, negligence, wantonness, fraud, misrepresentation, suppression of fact, or inducement. However, this agreement shall not limit the Resident's right to file a grievance or complaint with the Facility or any appropriate government agency from requesting an inspection from such an agency, or from seeking review under 42 C.F.R. section 431.200 et seq. of a decision to transfer or discharge the Resident. The parties agree that damages awarded, if any, in an arbitration conducted pursuant to this Arbitration Agreement shall be determined in accordance with the provisions of the state or federal law applicable to a comparable civil action, including any prerequisites to, credit against, or limitations on, such damages. Any award of the arbitrator(s) may be entered as a judgment in any court having jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain effective. It is the intention of the parties to this Arbitration Agreement that it shall inure to the benefit of and bind the parties, their successors, and assigns, including without limitation the agents, employees and servants of the Facility, and all persons whose claim is derived through or on behalf of the Resident, including any parent, spouse, sibling, child, guardian, executor, legal representative, administrator, or heir of the Resident. The parties further intend that this agreement is to survive the lives or existence of the parties hereto. 1171 N1 1 irfeznaticn rh,r,t ;he walicnal Arbitration Forum including cemF!a c:r? -,f the C(;t:e #a'Protxdure, can I:C ott;iined Iron, the , orim $)C-474-2371, by ?-ix st 651-t5G4-67 7 •S or ioil-free fux at 6( 43-4517, cr ;n Vic iotcrnct t i1q ?vww arC- forum.,:cm. Rev. Yt hite - Fsu incss C ifice P:.zk --1._edical R? rds Yellow - Rviii.em i Li ckalnis h"iscd in -,ti le 'r ;)art on the &nIC lil:;Illl!lt, t1?,1S`1CtIon, or relaiQd c(-irsc of care or X17;IC?:S provic;ed by ti c l=aciiit; to -he Resident shall L-e arbitrated in cne prcc:;eding. Al Iaim shall be waiv! d and Forever tarred it it arose ind should reasonably ha•,,e been disco,.Lrud prior to the date I,:pen which notice of arbitration is .-zi?tn to the Facility or rccived !Y the Resident .nd such claim is not presented in the arbitration proceeding, THE PARTIES UNDERSTAND AND AGREE THAT THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES, AND THAT BY ENTERING INTO THIS ARBITRATION AGREENIENT, THE PARTIES ARE GIVING UP AND WAIVING THEIR CONSTITUTIONAL RIGHT TO HAVE ANY CLAINI DECIDED IN A COURT OF LAW BEFORE A IUDGE AND A JURY, AS WEI_L AS ANY APPEAL FROM A DECISION OR AWARD OF DAMAGES. The Resident understands that (I ) he/she has the right to seek legal counsel concerning this Arbitration Agreement, (2) that execution of this Arbitration Agreement is not a precondition to admission or to the furnishing of services to the Resident by the Facility, and (3) this Arbitration Agreement may be rescinded by written notice to the Facility from the Resident within thirty days of signature. If not rescinded within thirty days, this Arbitration Agreement shall remain in effect for all subsequent stays at the Facility, even if the Resident is discharged from and readmitted to the Facility. s fi R The undersigned certifies that he/she has read this Arbitration Agreement and that it has been fully explained to himJhe r, that he/she understands its contents, and has received a copy of the provision and that he/she is the Resident, or a person duly authorized by the Resident or otherwise to execute this agreement and accept its terms. {{?? Date: Signature: (Resident) Witness: If the resident is unable to consent or sign this provision because of physical disability or mental incompetence or is a minor and an authorized representative is signing this provision, complete the following: Date: Relationship to R ' ent: ?C S ignatur ( . (Au orized representativ ) W :tress: For Facility: w ?ev. U ! 1 ;I):; '•vhiie - ?ire; ncss !7`Ec: P;n - -"cc4ical .< _ Date: Authorized Representai Print Name and Title: r 0 G? Rev. 03/13/03 White - Business Office Pink - medical Records Yellow - Resident EXHIBIT B RESIDENT ADMISSION AGREEMENT EXHIBIT B ARBITRATION AWARD I-,? NATIONAL ARBITRATION I FORUM Golden Gate National Senior Care, LLC d/b/a West Shore Health and Rehab Center 770 Poplar Church Road Camp Hill, PA 17011 CLAIMANT(s), AWARD and ORDER RE: Golden Gate National Senior Care, LLC d/b/a West Shore Health and Rehab Center v Louise Neal & Paulette Hutcher File Number: FA0704000955033 Louise Neal Paulette Hutcher 3277 Wakefield Road 105 Penrose Street Apt B Harrisburg, PA 17109-3926 Harrisburg, PA 17109 RESPONDENT(S). The undersigned Arbitrator in this case FINDS and CONCLUDES: Case Summary 1. The Claimant has filed a Claim with the National Arbitration Forum. 2. After Proof of Service of the Claim was filed with the Forum, the Forum mailed to Respondent a Second Notice of Arbitration. 3. The Respondent has not filed a Response with the Forum. 4. On May 11, 2007, Claimant submitted an Amendment Request. 5. An arbitration hearing notice was duly delivered to the Parties as required by the Forum Rules. 6. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 7. The Arbitrator has reviewed all evidence submitted in this case. Decision 1. The Arbitrator knows of no conflict of interests that exist. 2. This matter involves interstate commerce and the Federal Arbitration Act governs this arbitration. 3. The Claim was properly served on the Respondent by Claimant in accordance with Rule 6, including a Notice of Arbitration. 4. On or before 04/06/2007 the Parties entered into a valid, written agreement to arbitrate their dispute. 5. The Parties' Arbitration Agreement is valid and enforceable and governs all the issues in dispute. 6. This matter is arbitrable under the terms of the Parties' Arbitration Agreement and the law. 7. The matter has proceeded in accord with the applicable Forum Code of Procedure Rules. 8. The evidence submitted supports the issuance of this Award. 9. The applicable substantive law supports the issuance of this Award. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant Louise Neal only, for a total amount of $6,986.34. It is Further ORDERED: That the above case be Dismissed With Prejudice against Paulette Hutcher a/k/a Paulette Hatcher only. Entered and Affirmed in the State of Pennsylvania Jo D. Hendricks, Es 4. Arbitrator ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered and the Forum hereby certifies that pursuant to the Parties' Arbitr?oon rge rent, a copy of this Award was sent by first class mail postage prepaid to-the Parties at the above referenced addresses,, or their Repres&ntati5cs, on this date. Date: 03/31/2008 Hon,oin4le=H-wolft K-dna, - Ret. Dii-e ctor Date! 03/2$/2008 C C co a 3r~n N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-02244 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GOLDEN VENTURES NATIONAL SENIO VS NEAL LOUISE 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 RESPONDANT to wit: NEAL LOUISE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within PETITION On April 24th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 35.25 Postage 1.82 74.07 04/24/2008 DODSON & CHASE So answers R -Thomas Kline Sheriff of Cumberland County Sworn and subscribe to before me this day of A. D. Y In The Court of Common Pleas of Cumberland County, Pennsylvania Golden Ventures National Senior Carp LLC vs. Louise Neal 08-2244 civil No. Now, April ;17 , 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Daupl? County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of copy of the original Sworn and subscribed before me this day of , 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA . 00- io Of the',,*hvrf1f Mary Jane Snder Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy GOLDEN VENTURES NATIONAL SENIOR CARE LLC VS LOUISE NEAL Sheriff s Return No. 2008-T-0867 OTHER COUNTY NO. 08-2244 And now: APRIL 22, 2008 at 11:53:00 AM served the within PETITION upon LOUISE NEAL by personally handing to LOUISE NEAL 1 true attested copy of the original PETITION and making known to him/her the contents thereof at 3277 WAKEFIELD ROAD APT B HARRISBURG PA 17109 PERSON IN CHARGE Sworn and subscribed to before me this 22ND day of April, 2008 11? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Expires Sent 1, 2010 So Answers, ? eZ5;1? %*. Sheriff o up ' Co Pa. By Deputy Sheriff Deputy: G MILLER Sheriffs Costs: $35.25 4/21/2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL CIVIL DOCKET SENIOR CARE, LLC d/b/a GOLDEN LIVINGCENTER - WEST SHORE Plaintiff, NO. 08 - 2244 - Civil Term vs. LOUISE NEAL Defendant, PRAECIPE FOR JUDGMENT PURSUANT TO PA RCP 1328(e) Filed on behalf of Plaintiff Golden LivingCenter - 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 Nad=-Chase@dodsonmccaff-fey.com 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVINGCENTER - WEST SHORE Plaintiff, vs. LOUISE NEAL Defendant, CIVIL DOCKET NO. 08 - 2244 - Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER PETITION FOR CONFIRMATION OF ARBITRATION AWARD PURSUANT TO PA RCP 1328(e) To the Prothonotary: Please enter judgment on the award of arbitrations filed in the above captioned matter as Defendant has failed to answer within 30 days after having been served by the Sheriff of Dauphin County. Service of the petition was completed to Defendant on April 22"d of 2008 as is required by PA RCP 1328(e), which does NOT require a 10 day notice. Please assess damages in favor of the Plaintiff and against Defendants as follows: Total Amo t ue fr Award / Petition $ 6,986.34 By:_ A Nat an T. Chase, Esq. Attorney for Plaintiff Damages Assessed as Above: Date: 5/'-z;0/0$_ P thonotary y t1itt of Mary Jane Snder Estate D.P. William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin GOLDEN VENTURES NATIONAL SENIOR CARE LLC VS LOUISE NEAL Sheriff s Return No. 2008-T-0867 OTHER COUNTY NO. 08-2244 And now: APRIL 22, 2008 at 11:53:00 AM served the within PETITION upon LOUISE NEAL by personally handing to LOUISE NEAL 1 true attested copy of the original PETITION and making known to him/her the contents thereof at 3277 WAKEFIELD ROAD APT B HARRISBURG PA 17109 PERSON IN CHARGE Sworn and subscribed to before me this 22ND day of April, 2008 Akr? NOTARIAL SEAL MARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Ex ires SepWt 12010 So Answers, Sheriff o up ' Co Pa. By Deputy Sheriff Deputy: G MILLER Sheriffs Costs: $35.25 4/21/2008 c .l P C:l Ul C s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL CIVIL DOCKET SENIOR CARE, LLC d/b/a GOLDEN LIVINGCENTER - WEST SHORE Plaintiff, NO. 08 - 2244 CIVIL TERM vs. LOUISE NEAL PRAECIPE FOR WRIT OF EXECUTION Defendants, 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 & CHASE, LLC Suite 332 Building A 9800 McKnight Road Pittsburgh, Pa. 15237 (412) 635-9314 nchase@dodsonchase.com Counsel of Record for Adverse Party None IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVINGCENTER - WEST SHORE Plaintiff, CIVIL DOCKET NO. 08 - 2244 CIVIL TERM vs. LOUISE NEAL A q7 1OW A' Defendants, Pt Akg PA 11109 PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: The undersigned hereby certifies that the below does not arise out of a retail installment sale contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to act 6 of 1974 as amended. Please issue writ of attachment execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following garnishee for the described property of the Defendant (1) Any and all bank accounts in Defendant's name held by Fulton Bank - writ to be issued Against Garnishee: Sovereign, branch located at 17 West High Street. Carlisle, PA 17013. Real Debt / Judgment Amount: $ 6,986.34 Cost Paid: Prothonotary $ Sheriff $ Statutory Interest $ 82.01 Total Due $ Nathan T. Chase, Esquire Attorney for Plaintiff 9800A McKnight Road, Suite 332 Pittsburgh, PA 15237 412-635-9314 ID # 200295 T " ° C a c -.a rz) 56 W ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2244 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER-WEST SHORE, Plaintiff (s) From LOUISE NEAL, 3277 Wakefield Rd, Apt B, Harrisburg, PA 17109 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: SOVEREIGN BANK, 17 West High Street, Carlisle, PA 17013 Any and all bank accounts in defendant's name held by Fulton Bank and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,986.34 Interest - Statutory Interest - $82.01 Atty's Comm % Atty Paid $209.57 Plaintiff Paid Date: 8/19/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs 1 &?"4 C s R. Lon , notary By: Deputy REQUESTING PARTY: Name NATHAN T. CHASE, ESQUIRE Address: DODSON & CHASE, LLC SUTIE 332 BUILDING A 9800 MCKNIGHT ROAD PITTSBURGH, PA 15237 Attorney for: PLAINTIFF Telephone: 412-635-9314 Supreme Court ID No. 200295 08/26/2008 TUE 9:19 FAX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVINGCENTER - WEST SHORE Plaintiff, vs. LOUISE NEAL Defendants, SOVEREIGN BANK Garnishee Nathan T. Chase, Esq. Attorney for Plaintiff Attorney ID # 200295 CIVIL DOCKET NO. 08 - 2244 CIVIL TERM You are hereby notified to plead to the enclosed interrogatories within 20 days from service hereof or a default judgment may be entered against you. DODSON & CHASE, LLC 9800A McKnight Road, Suite 332 Pittsburgh, PA 15237 412-635-9314 nehase@dodsonchase.com Answ?rz 16 INTERROGATORIES IN ATTACHMENT TO: SOVEREIGN BANK, 17 West High Street Carlisle, PA 17013, Garnishee IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. A copy of the answers must be served on the undersigned. If your answer to any of the interrogatories is affirmative, speck the amount and value and/or completely describe the nature of the subject property. If your answer depends upon the review of any documents, account records, or other papers or electronic data, completely describe the same in exact detail (or attach a copy of the same). Page 1 of 6 0017/025 08/26/2008 TUE 9:19 FAX B. The term "Defendant(s)" means the individual(s) (or entities) against whom the Writ of Execution issued. C. "You" means the main office and all branch offices of Citizens Bank. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which was then in your possession, custody or control was attached, including all property of the Defendant(s) which comes into your possession thereafter. INTERROGATORIES IN ATTACHMENT All questions and subparts are in reference to both of above named Defendant, LOUISE NEAL Reb A-Fauot.has a Social Security Number of 168-26-4034 and an address of 3277 Wakefield Road, Apt B, Harrisburg, PA 17109 1. At the time you were served with these Interrogatories or any subsequent time, did you owe the Defendant any money, were you liable to her on any negotiable or other written instrument, or did he claim that you owed her any money or were liable to him for any reason? a. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). 2. At the time you were served with these Interrogatories or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant? a. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). See question X66. 0018/025 Page 2 of 6 08/26/2008 TUE 9:19 FAX 12019/025 3. At the time you were served with these Interrogatories or at any subsequent time, did you hold legal title to any property of any nature owed solely or in part by the Defendant or in which Defendant held or claimed any interest? a. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). No 4. At the time you were served with these Interrogatories or at any subsequent time, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefor? a. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). 5. At any time after you were served with these Interrogatories, did you pay, transfer or deliver any money or property to the Defendant, to any person or place pursuant to Defendant's direction, or otherwise discharge any claim of the Defendant against you? a. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). No Page 3 of 6 08/26/2008 TUE 9:18 FAX IZO15/025 6. At the time you were served with these Interrogatories or at any subsequent time, did you have any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax, or other accounts or deposits in which Defendant has (had) an interest? a. Specifically include information regarding account 2291025694 and any and all accounts in which Louise Neal has (had) an interest. b. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). Yes-See Attached Search of electronic account information database. 7. At the time you were served with these Interrogatories or at any subsequent time, did you hold as fiduciary any property in which the Defendant has (had) any interest? a. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). 8. At the time you were served with these Interrogatories or at any subsequent time, did you hold any Treasury Bill, repurchase Agreement or any other type of investment or commercial paper in which the Defendant has (had) any interest? Page 4 of 6 08/26/2008 TUE 9:19 FAX 12020/025 a. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). 9. At the time you were served with these Interrogatories or at any subsequent time, did you have property of the Defendant or property in which he has (had) any interest on deposit or otherwise in your possession, custody or control other than that property indicated in your answers to the previous Interrogatories? a. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). i Page 5 of 6 08/26/2008 TUE 9:19 FAX 0021/025 10. Have you ever owed money to Defendant or held any property belonging to Defendant? If so, state when you either satisfied the debt or disposed of the property and in what manner, for what consideration, and to whom? a. To the extent that your above answer depends in whole or part on documents, account records, other papers, or electronic data, describe each in exact detail (or attach a copy of the same). ivuuue n 1. unase, rsq. Attorney for Plaintiff PA Attorney ID # 200295 ANSWERS TO INTERROGATORIES It has been determined that this account is exempt from attachment under Pennsylvania Rule 3111.1. Account # 2291025694 Balance: $438.45 After allowing for the $300.00 exemption under 42 Pa.C.S. 8123 the balance in this account is $138.45 Account Holder: Louise E Neal 3277 Wakefield Rd, Apt B Harrisburg, PA 17109-6143 VERIFICATION I, Timothy J. Cooney, C.O.P. Team Leader of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: Timothy J. Cooney C.O.P. Team Leader IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: Golden Gate National Senior Care, LLC d/b/a Golden Living Center-West Shore VS. Louise Neal CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following documents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: Nahtan T. Chase, Esquire Dodson & Chase, LLC Building A, Suite A9800 McKnight Road Pittsburgh, PA 15237 Service by certified mail addressed as follows: Louise E Neal 3277 Wakefield Rd, Apt B Harrisburg, PA 17109-6143 Timothy J. C oney C.O.P. Team Leader Sovereign Bank MA1 M133-02-10 2 Morrisey Boulevard Boston, MA 02125 August 26, 2008 ?"' -a ? -rrt ?? r?; r = ?,? ?7 r. t?`;; ?, t . ,: ?. .. ? ?t-?., t.. r, SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-02244 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND GOLDEN VENTURES NATIONAL SENIO VS NEAL LOUISE And now WILLIAM CLINE ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0008:55 Hours, on the 26th day of August , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named RESPONDANT , NEAL LOUISE in the hands, possession, or control of the within named Garnishee SOVEREIGN BANK 17 W HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to DENISE BEECHER (TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: So answer Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County 0000 08/27/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL CIVIL DOCKET SENIOR CARE, LLC d/b/a GOLDEN LIVINGCENTER - WEST SHORE Plaintiff, NO. 08 - 2244 CIVIL TERM vs. LOUISE NEAL Defendants, PRAECIPE TO DISCONTINUE AND TERMINATE ATTACHMENT Filed on Behalf of Plaintiff GLC - WEST SHORE Counsel of Record for this Party: NATHAN T. CHASE, ESQUIRE Pa. I.D. # 200295 DODSON & CHASE Suite 332 Building A 9800 McKnight Road Pittsburgh, Pa. 15237 nchase(&dodsonchase. com 412-635-9314 Phone 412-635-9358 Fax Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVINGCENTER - WEST SHORE Plaintiff, CIVIL, DOCKET NO. 08 - 2244 CIVIL TERM vs. LOUISE NEAL Defendants, PRAECIPE TO DISCONTINUE/TERMINATE ATTACHMENT To the Prothonotary: Please discontinue the attachment in the above-captioned case as to the Garnishee Soverreign Bank only, and satisfy any and all judgments against said Garnishee only in the above captioned matter. Do not satisfy any judgments against the Defendant. By: Dodso&&e Date: ? Nathan T. Chase, Esq. Attorney for Plaintiff Beverly Enterprises I hereby certify that the foregoing is a true and correct statement of the above-captioned case. This statement is made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsifications to authorities. k%ol : KA. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Q Sheriff's Costs: Advance Costs: 150.00 `fit 1l Sheriff s Costs: 86.19 Docketing 18.00 63.81 d Poundage 1.69 Law Library .50 Refunded on 05/27/09 Prothonotary 2.00 Mileage 5.00 Surcharge 30.00 Levy 20.00 Postage Garnishee 9.00 So s86.19 An G?aa?e9 R. Thomas Kline, Sheriff B Sharon R. Lantz C_7 C.... C-1 r _ Y CrJ -.?_ ?a a? Ti -, 7 duu k? o .o iJ a ??Goaq WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2244 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GOLDEN GATE NATIONAL SENIOR CARE, LLC d/b/a GOLDEN LIVING CENTER-WEST SHORE, Plaintiff (s) From LOUISE NEAL, 3277 Wakefield Rd, Apt B, Harrisburg, PA 17109 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: SOVEREIGN BANK, 17 West High Street, Carlisle, PA 17013 Any and all bank accounts in defendant's name held by Fulton Bank and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,986.34 Interest - Statutory Interest - $82.01 Atty's Comm % Atty Paid $209.57 Plaintiff Paid Date: 8/19/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Curti R. Long, P notary By: Deputy REQUESTING PARTY: Name NATHAN T. CHASE, ESQUIRE Address: DODSON & CHASE, LLC SUTIE 332 BUILDING A 9800 MCKNIGHT ROAD PITTSBURGH, PA 15237 Attorney for: PLAINTIFF Telephone: 412-635-9314 Supreme Court ID No. 200295