HomeMy WebLinkAbout08-3001IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GOLDEN VENTURES NATIONAL
SENIOR CARE, LLC d/b/a
d/b/a GOLDEN LIVING CENTER -
WEST SHORE
770 Poplar Church Road
Camp Hill, PA 17011
CIVIL DIVISION
NO. 03- aW I GullTem%
Plaintiff,
vs. PETITION FOR CONFIRMATION
OF ARBITRATION AWARD
PURSUANT TO PA RCP 1328
ROBERT FAUGHT
311 Harvest Lane
Shippensburg, PA 17257
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 VENTURES NATIONAL CIVIL DIVISION
SENIOR CARE, LLC d/b/a
GOLDEN LIVING CENTER - WEST SHORE NO.
Plaintiff,
vs.
ROBERT FAUGHT
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
Date of ill g:
S
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
GOLDEN LIVING CENTER - WEST SHORE NO. Of- ,360 l ?1 7j.M
Plaintiff,
vs.
ROBERT FAUGHT
Defendant.
PETITION FOR CONFIRMATION OF ARBITRATION AWARD PURSUANT
TO PA RCP 1328
1. Plaintiff, Golden National Senior Care, LLC d/b/a Golden Living Center -
Phoenixville, 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 Robert Faught is an individual and a Pennsylvania Resident currently
residing at 311 Harvest Lane, Shippensburg, County of Cumberland, Commonwealth of
Pennsylvania.
3. Defendant Faught was admitted into Plaintiffs nursing home and healthcare facility on
or about December 12x' of 2006.
4. On or about the date of admission, December 12?' of 2006, Defendant 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.
5. During Defendant Faught's stay at Plaintiff's facility, Defendant had accrued an
unpaid balance due to Plaintiff for services and items received of $3,247.30.
6. 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.
7. 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
April 14th of 2008 and the parties were given a full opportunity to present all testimony
and evidence they desired in support of their positions.
8. After the hearing and review of the claim, the National Arbitration Forum issued an
Award for Plaintiff and against Defendant for the amount of Three Thousand Three
Hundred and Seventeen Dollars and Thirty Cents ($3,317.30), being the full amount due
plus costs. A true and correct copy of the Arbitration Award is attached hereto, made a
part hereof and is labeled as Exhibit B.
9. Since the award has been issued, Defendant has continued to disregard Plaintiff's
notices and have failed to pay any of the remaining balance.
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
Defendants, John and Junior Rosier, in the amount of Three Thousand Three Hundred
and Seventeen Dollars and Thirty Cents ($3,317.30), being the amount of the Arbitration
Award less payments received.
Respect ll sub qd,
Nathan T. Chase, Esq.
Dodson & Chase
Attorneys for Petitioner
RIFICATION
I
•'? , the undersigned, being an attorney for Golden
Living Center - Phoenixville, 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: C /e aCvg'
Nathan T. Chase, Esq.
Dodson & Chase
Attorneys for Petitioner
Golden Living Center - West Shore
EXHIBIT A
ARBITRATION AGREEMENT
RESIDENT AND FACILITY ARBITRATIOY AGREEMENT
(NOT A CONDITION OF ADMISS[ON - READ CAREFI ILLY)
This . titration A, t?ment is.executed by H
and (the "Facility")
(,[ ?? ("Resident' or "Resident's Authorized Representative",
hereafter collectively referre 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 C
transaction involving interstate commerce governed by the Federal ;Vbitration Act. It is understood and r
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 %ith, 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, 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 refintd
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 shalf 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 =tny
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.
11 Information about the Naticnbl Eitration Fran: n, M;udin a -=.t ie?G .)p y of the ? _-_'e c-f?n?:;?i?:=:;
the Forma at 3OO-474-237I; by ia:t at ?S! C41 r, -8 ?r tc?i-ire _ax at M56-'43-45i , of-.:Jr the intent., at
t:?n?m.9ora.
Rev. 0 51f 13IU3
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.411 claims based in whole or part on the same incident, transaction, or related course of care or services
prodded by the Facility to the Resident shall be arbitrated in one proceeding. A claim shall be waived
and forever barred if it arose and should reasonably have been discovered prior to the date upon which
notice of arbitration is given to the Facility or received by the Resident and 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 AGREEMENT, THE PARTM ARE GIVING UP AND
WAMNG THEIR CONSTITUTIONAL RIGHT TO HAVE ANY CLAIM DECIDED IN A COURT
OF LAW BEFORE A JUDGE AND A JURY, AS WELL AS ANY APPEAL FROM A DECISION
OR AWARD OF DAMAGES.
The Resident understands that (1) 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.
The undersigned certifies that he/she has read this Arbitration
Agreement and that it has been fully
explained to him/her, 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
in
competence or is a minor and an authorized representative is signing this provision, complete the
folwing:
Date: 4
Relationship toy dents, +
Signature:
(Authorized rep tative)
Witness: - --?
For Facility:
Rev. 95,13; U3
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Ii.uu.t!?e_rti. ui -ue-cuuo infin
Date: f L - If
Authorized Rgwesamtative Signature:
Print Name and Title:
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EXHIBIT B
ARBITRATION AWARD
1 NATIONAL ARBITRATION
. FORUM
Golden Gate National Senior Care, LLC f/k/a Beverly Enterprises,
PA-Inc., d/b/a West Shore Health & Rehab
770 Popular Church Road
Camp Hill, PA 17011
CLAIMANT(s), AWARD
RE: Golden Gate National Senior Care, LLC f/k/a Beverly Enterprises, PA-Inc., d/b/a West
Shore Health & Rehab v Robert L. Faught
File Number: MX0801002038055
Robert L. Faught
311 Harvest Lane
Shippensburg, PA 17257
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. An arbitration hearing notice was duly delivered to the Parties as required by the Forum Rules.
4. The Parties have had the opportunity to present all evidence and information to the Arbitrator.
5. 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 accord with Rule 6, including a Notice of Arbitration.
4. On or before January 21, 2008 the Parties entered into a written agreement to arbitrate their dispute.
5. No Party has asserted that this Arbitration Agreement is invalid or unenforceable.
6. The Parties' Arbitration Agreement is valid and enforceable and governs all the issues in dispute.
7. This matter is arbitrable under the terms of the Parties' Arbitration Agreement and the law.
8. This matter has proceeded in accord with the applicable Code of Procedure Rules.
9. The evidence submitted supports the issuance of this Award.
10. The applicable substantive law supports the issuance of the Award.
Therefore, the Arbitrator ISSUES:
An Award in favor of the Claimant, for a total amount of $3,317.30.
Entered and Affirmed in the State of Pennsylvania
Jared D. Simm , Esq.
Arbitrator
ACKNOWLEDGEMENT AND CERTIFICATE
OF SERVICE
This Award was duly entered and the Foram hereby certifies that
pursuant to the Parties Arbitration Agreement, a copy of this Award
was sent by first class mail postage prepaid to the Parties at the above
referenced addresses. or their Representatives, on this date.
Date: April 14, 2008
Honorable Harold Kallina, Ret.
Director
April` 15, 2008
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CASE NO: 2008-03001 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GOLDEN VENTURES NATIONAL SEN
VS
FAUGHT ROBERT
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within PETITION was served upon
FAUGHT ROBERT the
RESPONDANT , at 1501:00 HOURS, on the 16th day of May 2008
at 311 HARVEST LANE
SHIPPENSBURG, PA 17257
ROSA SOLAR, DAUGHTER
a true and attested copy of PETITION
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 20.00<?t ?D
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
3?a?/og 48.00 05/19/2008
DODSON & CHASE _
Sworn and Subscibed to
before me this
of
By:
day
together with
A. D.
by handing to
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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 - 3001- Civil Term
vs.
ROBERT FAUGHT
Defendants,
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 & CHAsE
Suite 332 Building A
9800 McKnight Road
Pittsburgh, Pa. 15237
(412) 635-9314
nchase@dodsonchase.com
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GOLDEN VENTURES NATIONAL CIVIL DIVISION
SENIOR CARE, LLC d/b/a
GOLDEN LIVING CENTER - WEST SHORE NO. 2008 - 3001- CIVIL TERM
vs.
ROBERT FAUGHT
Plaintiff,
Defendant.
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
Defendants have failed to answer within 30 days after having been served by the Sheriff
of Cumberland County. Service of the petition was completed to Defendant Robert
Faught on May 16th 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
By:
Nathan T. Chafdeu, *aq
Attorney for Plaintiff
ward / Petition
Damages Assessed as Above:
17 -
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P othon
$ 3,317.30
Date: ?*8
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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 - 3001 CIVIL TERM
vs.
ROBERT FAUGHT
PRAECIPE FOR WRIT OF EXECUTION
Defendants,
Filed on Behalf of Plaintiff
Golden Living Center - West Shore
Counsel of Record for this Parry:
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 - 3001 CIVIL TERM
vs.
ROBERT FAUGHT
311 o rvesA LaW Defendants,
0 d-51 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: Fulton Bank, branch located at 1423 S. Market Stiwt.
Mechanicsburg. PA 17055.
Real Debt / Judgment Amount:
Cost Paid:
Prothonotary
Sheriff
Statutory Interest
$ 3,317.30
$ 28.48
Total Due
Nathan . Chase, Esquite
Attorney for Plaintiff
9800A McKnight Road, Suite 332
Pittsburgh, PA 15237
412-635-9314
ID #200295
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-3001 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GOLDEN GATE NATIONAL SENIOR CARL, LLC
d/b/a GOLDEN LIVING CENTER-WEST SHORE, Plaintiff (s)
From ROBERT FAUGHT, 311 Harvest Lane, Shippensburg, PA 17257
(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:
FULTON BANK, 1423 S. Market Street, Mechanicsburg, PA 17055
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 $3,317.30
Interest - Statutory Interest - $28.48
Atty's Comm %
Atty Paid $167.50
Plaintiff Paid
Date: 8/19108
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
s R. Lo ro ono
By:
Deputy
REQUESTING PARTY:
Name NATHAN T. CHASE, ESQUIRE
Address: DODSON & CHASE, LLC
SUTIE 332 BUILDING A
9800 MCEMGHT ROAD
PITTSBURGH, PA 15237
Attorney for: PLAINTIFF
Telephone: 412-635-9314
Supreme Court ID No. 200295
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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 - 3001 CIVIL TERM
vs.
ROBERT FAUGHT
Defendants,
FULTON BANK
Garnishee
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.
Nathan T. Chase, Esq.
Attorney for Plaintiff
Attorney ID # 200295
DODSON & CHASE, LLC
9800A McKnight Road, Suite 332
Pittsburgh, PA 15237
412-635-9314
nchase@dodsonchase.com
INTERROGATORIES IN ATTACHMENT
TO: FULTON BANK, 1423 S. Market Street, Mechanicsburg, PA 17055, 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 andlor 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
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, ROBERT
FAUGHT
Robert Faught has a Social Security Number of 193-24-2329 and an address of 311 Harvest
Lane, Shippensburg, PA 17257.
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 himm on any negotiable or other
written instrument, or did he claim that you owed himany money or were liable to him for any
reason? fi 0
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
Defendants?
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).
Page 2 of 6
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? YM
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).
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
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? fie
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).
Page 3 of 6
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? JW
a. Specifically include information regarding any and all accounts in which
Robert Faught 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).
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).
Page 4 of 6
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?
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).
Page 5 of 6
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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).
Nathan T. Chase, Esq.
Attorney for Plaintiff
PA Attorney ID # 200295
Page 6 of 6
VERIFICATION
I, Fulton Bank Garnishee herein, verify -that the.staternents glade in these
Interrogatories in Attachment are true and correct. I understand that false statements
herein are made subject to the penalties oz 18 Pa.C.S_ g 4904; relatincr to unworn
falsification to authorities.
BY.
ADDRESS:
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SHERIFF'S RETURN - GARNISHEE
CASE NO: 2008-03001 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
GOLDEN VENTURES NATIONAL SEN
VS
FAUGHT ROBERT
And now MARK CONKLIN
,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0015:05 Hours, on the 25th day of August , 2008, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named
FULTON BANK
hands, possession, or control of the within named Garnishee
1423 S MARKET ST
MECHANICSBURG, PA 17055
Cumberland County, Pennsylvania, by handing to
MEGAN NORDSTROM (BRANCH MANAGER)
personally three copies of interogatories together with 3
and attested copies of the within WRIT OF EXECUTION
the contents there of known to Her .
in the
true
and made
Sheriff's Costs: So answers:
Docketing .00
Service .00
Affidavit .00 R. Thomas Kline
Surcharge .00 Sheriff of Cumberland County
.00
00 9?aaJpv L?
08/25/2008
Sworn and Subscribed to
before me this day of By
De ty 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 - 3001 CIVIL TERM
vs.
ROBERT FAUGHT
PRAECIPE TO DISCONTINUE AND
TERMINATE ATTACHMENT
Defendants,
Filed on Behalf of Plaintiff
GLC - WEST SHORE
Counsel of Record for this Party:
NATHAN T. CHASE, ESQUIRE
Pa. I.D. # 200295
DODsm & CHASE
Suite 332 Building A
9800 McKnight Road
Pittsburgh, Pa. 15237
nchase@dodsonchase.com
412-635-9314 Phone
412-635-9358 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.
ROBERT FAUGHT
Defendants,
CIVIL DOCKET
NO. 08 -3001 CIVIL TERM
PRAECIPE TO DISCONTINUE/TERMINATE ATTACHMENT
To the Prothonotary:
Please discontinue the attachment in the above-captioned case as to the Garnishee Fulton
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.
Date:
Dodson & hase
By: 11 -
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.
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, WRIT IS EXPIRED.
Sheriff's Costs:
Docketing 18.00
Poundage 1.82
Law Library .50
Prothonotary 2.00
Mileage 11.00
Surcharge 30.00
Garnishee 9.00
Levy 20.00
Postage .44
TOTAL 92.76
?120)q ?'
Advance Costs: 150.00
Sheriff's Costs: 92.76
57.24
Refunded to attorney 05-20-09
So Answers;
R. homas Kline, She
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-3001 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 ROBERT FAUGHT, 311 Harvest Lane, Shippensburg, PA 17257
(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:
FULTON BANK, 1423 S. Market Street, Mechanicsburg, PA 17055
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 $3,317.30
Interest - Statutory Interest - $28.48
Atty's Comm %
Atty Paid $167.50
Plaintiff Paid
Date: 8/19108
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
- 2"i 4 W9 ?u a
s R. Lon on tart'
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