HomeMy WebLinkAbout04-0998POST & SCHELL, P.C.
BY: PAULA J. MCDERMOTT
I.D. #:46664
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
717-731-1970
PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARK HEALTH CENTER
Plaintiff,
V.
BRENDA KUHN
Defendant.
ATTORNEYS FOR PLAINTIFF
PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARK HEALTH CENTER
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO: vy- qq U
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 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 AF-FORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
800-990-9108
AVISO
Le han demandado a usted on la corte. Si usted quiere defen-derse de estas demandas
expuestas en las paginas siguien-tes, usted tiene veinte dias de plazo al partir de la fecha de la
demanda y la notifica-cion. Hace falta ascentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas on
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede
decidir a favor del deman-dante y requiere que usted cumpla con todas las provisio-nes de esta
deman-da. Usted puede perder dinero o sus propieda-des u otros derechos importan-tes para
usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATA-MENTE, SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
800-990-9108
POST & SCHELL, P.C.
BY: PAULA J. MCDERMOTT
I.D. #:46664
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
717-731-1970
PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARK HEALTH CENTER
Plaintiff,
V.
BRENDA KUHN
Defendant.
ATTORNEYS FOR PLAINTIFF
PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARK HEALTH CENTER
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO:
COMPLAINT
o y_ 99?
AND NOW, comes Plaintiff, Presbyterian Homes, Inc., t/d/b/a Forest Park Health Center
(hereinafter "PHI"), by and through its attorneys, Post & Schell, P.C., and in support of this
Complaint, avers the following:
PHI is a Pennsylvania non-profit corporation, with a business address of 1217
Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant Brenda Kuhn is an adult individual with an address of 151 Oak Flat
Road, Newville, Cumberland County, PA 17241.
3, Brenda Kuhn holds Power of Attorney for an individual named Irene Zelenak.
4. Irene Zelenak is currently a resident at Plaintiff's facility at Forest Park Health
Center.
5. A true and correct copy of the Power of Attorney held by Brenda Kuhn is
incorporated hereby and attached thereto as Exhibit "A."
6. Exercising her Power of Attorney on Irene Zelenak's behalf, Brenda Kuhn signed
an admission agreement on January 10, 2002.
7. A true and correct copy of that admission agreement is incorporated hereby as if
set forth fully at length.
8. Pursuant to the admission agreement, in particular Paragraph 4(h), "Any other
party signing this agreement is only obligated to make payments from the resident's funds and
only to the extent that those funds are available to such signing person."
9. As the individual who controlled Mrs. Zelenak's funds, Brenda Kuhn undertook a
contractual obligation to apply those funds to Mrs. Zelenak's care.
10. Mrs. Zelenak has a current balance of $8,343.00, which is due and owing.
11. Upon information and belief, Defendant Kuhn has retained possession of Mrs.
Zelenak's funds and has refused to pay them to the facility for Mrs. Zelenak's care.
12. Accordingly, she is in breach of the contract which she signed with PHI.
COUNT I - BREACH OF CONTRACT
13. The averments of Paragraph 1-12 are incorporated hereby as if set forth fully and
at length.
14. Brenda Kuhn, as financial guarantor for Irene Zelenak, undertook a contractual
obligation to pay Mrs. Zelenak's funds for Mrs. Zelenak's care at PHI's facility at Forest Park.
15. Brenda Kuhn has breached that agreement and has sequestered the funds for her
own use.
16. PHI has suffered damages as a result of that conversion of funds in the amount of
$8,343.00.
-2-
WHEREFORE, Plaintiff PHI respectfully requests this Honorable Court to grant
judgment in its favor and against Defendant Brenda Kuhn in the amount of $8,343.00, with
interest, attorneys' fees, costs, and whatever other relief the Court may find just and equitable,
which amount is below the jurisdictional limit for compulsory arbitration.
Respectfully submitted,
POST & SCHELL, P.C.
PA.,sI,X. hi- ? Va- *
PAULA J. CDERMOTT, ESQUIRE
Attorney I.D. # 46664
Attorney for Plaintiff, PHI
Date: MarcZ, 2004
-3-
VERIFICATION
I, Jeff Davis, a duly authorized representative of Presbyterian Homes, Inc., Plaintiff,
hereby swear and affirm that the facts and matters set forth in the foregoing document are true
and correct to the best of my knowledge, information, and belief. The undersigned understands
that the statements made therein are made subject to the penalties of IS Pa. C.S. §4904 relating
to unsworn falsification to authorities.
JeffD slChief LalQfficer
Presbyterian Homes, Inc.
Date: March J , 2004
-4-
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON
YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR
PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTIMRWISE
DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE
NOTICE TO YOT1 OR APPROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT 0 POSE .A DUTY ON YOUR
AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE
EXERCISED, YOUR AGENT MUST USE.DUT CAPE TO ACT FOR YOUR BENEFi T
AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE
THROUGHOUT YOUR LIFETZfE. EVEN AFTER YOU BECOME
INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE
POWERS OR VOLT REVOKE THESE POWERS OR A COURT ACTING ON YOUR
BEHALF TERMINATES YOUR AGENT'S AUTHORITY. 1
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR
AGENT'S FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS
YOUR AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF
ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD AST{ A LAWYER OF YOUR OWN CHOOSING TO
EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I
UNDERSTAND ITS CONTEN"T5.
?,?,cy.e. i1+1 March 22D1p ...1001
IRENE M, ZELENAK (Principal) (Date)
KNOW ALL MIEN BY THE MESENTS, that I, ME NE X ZXLENAS, have made,
constituted and appointed, and by these presents do make, BRENDA IL XU N, my taste and lawful
attorney-m-fact, for me and in my name and on my behalf generally, to do and perform all matters and
things, transact all business, make, execute, acknowledge, endorse and deliver all contracts, gifts, orders,
checks, deeds of conveyance„ certificates of stock. bonds, other securities, loans, leases, mortgages,
notes, car dtles, releases of lien or satisfaction of bonds and mortgages and other writings, assurances
and insttutnents which may be requisite or proper to effectuate any matter or thing appertaining or
belonging to me, to engage in insurance transactions, to authorac my admission to a ms!Q, nursing,
residential or similar facility and to enter into Agreements for my care, to authorize medical and surgical
procedures, and within the power hereby granted to my attorney is the right of access to and deposit and
withdrawal from any safety deposit box to which I have said tights, and also the right of withdrawal
from any accounts in my name, and also the right to create and form any trust, or receipt of any
govemmeatal benefits, and all with the same powers, and to all intents and purposes with the same
validity as I could, if personally present; hereby ratifying and coa6naing whatsoever pry said attomey
shall and may do, by virtue hereof. Fu rthetmom in the event that r am adjudicated incompetent in any
court having jmisdiation, I nominate for consideration by the Comt my anoraey4o-fact heroin named to
be named by that Court as the guardian of my estate or of my person, Iu addition to the powers and
discmrion bereia specifically given and conferred upon him or her, and notwidutanditty any usage or
custom to the contrary, to have the full power, right and authority to do, perform and to cause to be done
and performed all such acts, deeds, matters and things in connection with my property and estate as he or
she, in his or her sole discretion, shall deem reasonable, necessary and proper. as fully, effectually and
absolutely w if he or she were the absolute owner and possessor thereof This Power of Attorney shall
not be affected by any disability of the principal. It shall not be necessary that my attorney named herein
obtain judicial determination of such disability, but it shall be sufficient that he or she determine, in
concurrence with the advice of my physician that I am physically and/or mentally incapable of handling
my affairs. This Power of Attomey shall rescind and revoke any other Powers of Attorney heretofore
made by me.
IN UT MSS WHEREOF, I have hereunto set my hand and seal this 22ND day of
Match, 2001.
wrr/rrf?ssEn im
STATE OF PENNSYL
. SS:
COUNTY OF CUMBERLAND
9,4e„? 0?'M 3' (SKAL)
MENE M. ZELENAK
On this, 22ND day of March, 2001, before me, the undersigned officer, personally
appeared MEINE M. ZELENAAIC, known to me to be the person whose natne is subscribed to
the within instrument and acknowledged that he/she executed same for the purposes therein
contained.
r
Notarw O AR P
seta A. Mouson, N=r ry Fubflc
Male C&Mwaean am*" D". In,
my
MenMr, Pon eyw0ft /ftaMaion Of N=rMs
ACIiVi OWLEbGEMENT
I, BRENDA K XURN, HAVE REAM THE ATTACHED POWER OF
ATTORNEY AND ALM THE PERSON IDLNITFIED AS THE AGENT FOR THE
PRINCIPAL I REMY ACKNOWLEDGE THAT IN THE ABSENCE OF A SPECIFIC
PROVISION TO THE CONTRARY IN THE POWER OF ATTORNEY OR IN 20 Pa.C.S.
WHEN I ACT AS AGENT.
I SHALT. EXERCISE THE POWERS FOR THE B14NEFIT OF THE PRINCIPAL.
I SHALL EMEP THE ASSETS OF THE PRINCIPAL SEPARATE FROM MY
ASSETS.
I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE.
I SHALL 1CM A FULL AND ACCURATE RECORD OF ALL ACTIONS,
RECEIPTS AND PLsBURSEmDm ON BEHALF OF THE PRINCIPAL.
a Marsh 22 2"1
BRENDA K KUHN (Agent) (Date)
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00998 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRESBUTERIAN HOMES INC T/D/B/A
VS
KUHN BRENDA
GERALD WORTHINGTON
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
KUHN BRENDA
the
DEFENDANT , at 1920:00 HOURS, on the 11th day of March 2004
at 151 OAK FLAT ROAD
NEWVILLE, PA 17241 by handing to
BRENDA KUHN
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.97
Affidavit .00
Surcharge 10.00
.00
36.97
Sworn and Subscribed to before
mee, this /3- day of
prothonotary
So Answers:
R. Thomas Kline
03/12/2004
POST & SCHELL
By: Deputy S f
PRESBYTERIAN HOMES, INC., t/d/b/a : IN THE COURT OF COMMON PLEAS OF
FOREST PARK HEALTH CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
CIVIL ACTION - LAW
NO. 04-998 CIVIL TERM
BRENDA KUHN,
DEFENDANT
NOTICE TO PLEAD
TO: Presbyterian Homes, Inc., t/d/b/a
Forest Park Health Center and
their attorney
Paula J. McDermott, Esq.
POST & SCHELL, P.C.
240 Grandview Avenue
Camp Hill, PA 17011
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED ANSWER TO PETITION WITH COUNTERCLAIM WITHIN TWENTY (20)
DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
IRWIN & McKNIGHT
By:
III, Esquire
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court ID. No. 25476
Attorney for Defendant
Brenda Kuhn
Date: March 18, 2004
60 West Pomfret Street
PRESBYTERIAN HOMES, INC., t/d/b/a : IN THE COURT OF COMMON PLEAS OF
FOREST PARK HEALTH CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
CIVIL ACTION - LAW
V.
NO. 04-998 CIVIL TERM
BRENDA KUHN,
DEFENDANT
ANSWER TO COMPLAINT
WITH COUNTERCLAIM
AND NOW, this 18th day of March, 2004, come the Defendant, BRENDA KUHN, by
her attorneys, Irwin & McKnight, and makes the following Answer to Complaint with
Counterclaim:
1.
The averments of fact contained in paragraph one (1) of the Complaint are admitted.
2.
The averments of fact contained in paragraph one (1) the Complaint are admitted.
3.
The averments of fact contained in paragraph three (3) of the Complaint are admitted.
4.
The averments of fact contained in paragraph four (4) of the Complaint are admitted.
5.
The averments of fact contained in paragraph five (5) of the Complaint are admitted.
6.
The averments of fact contained in paragraph six (6) of the Complaint are admitted.
7.
The averments of fact contained in paragraph seven (7) of the Complaint are specifically
denied. On the contrary, the Plaintiff has not attached a copy of the Admission Agreement to the
Complaint.
8.
The averments of fact contained in paragraph eight (8) of the Complaint are specifically
denied. On the contrary, at the time of admission, Irene Zelenak was without financial funds.
the monthly social security check was assigned to the Plaintiff.
9.
The averments of fact contained in paragraph nine (9) of the Complaint are specifically
denied. On the contrary, the Defendant did not possess any assets of Irene Zelenak at the time
she was admitted to the home.
10.
The averments of fact contained in paragraph ten (10) of the Complaint are beyond the
scope and knowledge of the Defendant. They are therefore denied and proof thereof is
demanded.
11.
The averments of fact contained in paragraph eleven (11) of the Complaint are
specifically denied. On the contrary, none of Irene Zelenak's funds have been retained by the
Defendant.
2
12.
The averments of fact contained in paragraph twelve (12) of the Complaint are
specifically denied. On the contrary, the Defendant has not breached the agreement in any
fashion.
13.
The averments of fact contained in the Answers one (1) through twelve (12) are
incorporated by reference in response to paragraph thirteen (13) of the Complaint.
14.
The averments of fact contained in paragraph of fourteen (14) of the Complaint are
specifically denied. On the contrary, The financial guarantee of the Defendant was limited to the
actual funds of Irene Zelenak which she controlled. At the time of admission, there were no
funds.
15.
The averments of fact contained in paragraph fifteen (15) of the Complaint are
specifically denied. On the contrary, the Defendant did not breach the agreement or use any of
the funds set aside for Irene Zelenak.
16.
The averments of fact contained in paragraph sixteen (16) of the Complaint are
specifically denied. On the contrary, there have been no conversion of funds belonging to Irene
Zelenak by the Defendant.
WHEREFORE, the Defendant requests that the Complaint be dismissed with prejudice
and that the Plaintiff be required to pay to the Defendant her costs and reasonable legal expenses
required to defend this legal action and interest as provided by law.
3
COUNTERCLAIM
AND NOW, this 18th day of March 2004, comes the Defendant, Brenda Kuhn, and
makes the following Counterclaim against the Plaintiff:
17.
The averments of paragraphs one (1) through seventeen (17) of the Answer to the
Complaint are hereby incorporated by reference and made a part of this Answer.
18.
The Plaintiff has no basis at law for bringing this action against the Defendant. The
Plaintiff is therefore responsible for the reasonable legal fees and expenses incurred by the
Defendant in the defense of this litigation.
WHEREFORE, the Defendant request judgment against the Plaintiff, Presbyterian
Homes, Inc., t/d/b/a Forest Park Health Center, with costs and interest as permitted by law paid
to the Defendant.
Respectfully submitted,
IRWIN &
By: Marcus./A. McKn "ht III, Esquire
60 West Pomfret S
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for Defendant
Date: March 18, 2004
4
VERIFICATION
The foregoing document is based upon information which has been gathered by
counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
U?LWIOOIV a'e::2
RENDA KUHN
Dater
PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARK HEALTH CENTER,
PLAINTIFF
V.
BRENDA KUHN,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-998 CIVIL TERM
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Paula J. McDermott, Esq.
POST & SCHELL, P.C.
240 Grandview Avenue
Camp Hill, PA 17011
IRWIN & McKNIGHT
By: Marcus A. McKnigh I
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: March 18, 2004
8
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CIO
NOTICE TO PLEAD
To: Defendant
You are hereby notified to plead
to the enclosed New Matter
of Plaintiff within twenty (20) days from
service hereof or a default judgment may
be entered against you.
Attorney for Plaintiff
POST & SCHELL, P.C.
BY: PAULA J. MCDERMOTT
I.D. #:46664
240 GRANDVIEW AVENUE
CAMP HILL, PA 17011
717-731-1970
ATTORNEYS FOR PLAINTIFF
PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARK HEALTH CENTER
PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARK HEALTH CENTER
Plaintiff,
V.
BRENDA KUHN
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO: 04-998
CIVIL ACTION - LAW
ANSWER WITH NEW MATTER TO
COUNTERCLAIM OF DEFENDANT BRENDA KUHN
AND NOW, comes Plaintiff Presbyterian Homes, Inc., t/d/b/a Forest Park Health Center,
by and through its attorneys, Post & Schell, P.C., and files the following Answer with New
Matter to the Counterclaim of Defendant Brenda Kuhn. The numbering of the Counterclaim is
adopted hereby:
17. No responsive pleading required.
18. Denied as a conclusion of law to which no responsive pleading is required. To
the extent a responsive pleading is deemed required, it is specifically denied that Plaintiff has no
basis at law for bringing this action. By way of further answer, Brenda Kuhn acted as Power-of-
Attorney for Irene Zelenak and sequestered her funds in violation of her fiduciary duty and her
contractual agreement to provide Irene Zelenak's funds to Plaintiff for her care.
NEW MATTER
19. The averments of the Complaint and the Answer to the Counterclaim are
incorporated hereby as if set forth fully and at length.
20. The Counterclaim should be stricken off for failure to state a cause of action for
which relief may be granted.
21. Brenda Kuhn converted the funds of Irene Zelenak to her own use in violation of
her contractual and fiduciary obligations.
WHEREFORE, Plaintiff Presbyterian Homes, Inc., t/d/b/a Forest Park Health Center
respectfully requests that the Counterclaim be stricken with prejudice and that Plaintiff be
awarded attorneys' fees and costs for this action, and whatever other relief the Court may
consider just and equitable.
Respectfully submitted,
POST & SCHELL, P.C.
PA,? rwr-o.'L ..
PAULA J. CDERMOTT, ESQUIRE
Attorney I.D. # 46664
Attorneys for Plaintiff
Date: March 24, 2004
CERTIFICATE OF SERVICE
I, Dena J. Stump, an employee of the law firm of Post & Schell, P.C., do hereby certify
that on the date set forth below, I did serve a true and correct copy of the foregoing document
upon the following persons at the following addresses indicated below by sending same in the
United States mail, first-class, postage prepaid:
Marcus A. McKnight, III, Esquire
Irwin & McKnight Law Offices
60 West Pomfret Street
Carlisle, PA 17013
POST & SCHELL, P.C.
C
Dena J. S Secretary
Date: Marc16 2004
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PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARK HEALTH CENTER
Plaintiff,
V.
BRENDA KUHN
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO: 04-998
CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Paula J. McDermott, Esquire, counsel for Plaintiff Presbyterian Homes, Inc., t/d/b/a
Forest Park Health Center in the above action, respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of Plaintiff in this action is $8,343.00. There is a counterclaim by
Defendant in this action.
The following attorneys are interested in the case as counsel or are otherwise disqualified
to sit as arbitrators: Marcus A. McKnight, III, Esquire, Irwin & McKnight, 60 West Pomfret
Street, Carlisle, PA 17013-3222.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
POST & SCHELL, P.C.
PAUL J. MCDERMOTT, ESQUIRE
Attorney I.D. # 46664
240 Grandview Avenue
Camp Hill, PA 17011
(717) 612-6012
Date: July 13, 2004 Attorneys for Plaintiff
CERTIFICATE
I, Dena J. Stump an e OF SERVICE
that on mployee of the law
the date set forth firm of Post below, I did serve a
z Schell
upon the following persons at the following
United States mail, first-class, postage prepaid.
P.C., do hereby certify
true and correct copy of the foregoing document
dresses indicated below by sending same in the
ad
Marcus A*'?cKnight, III , Esquire
Irwin & McKnight Law Offices
60 Nest Pomfret Street
Carlisle, PA 17013
Date: July 13, 2004
POST & SCHELL, P.C
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PRESBYTERIAN HOMES, INC., t/c
FOREST PARK HEALTH CENTER
Plaintiff,
V.
BRENDA KUHN
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO: 04-998
CIVIL ACTION - LAW
/ ORDER OF COURT
Y ! to
AND NOW, this day of a 200,, in consideration of the foregoing
f
Petition for Appointment of Arbitrators,. 14 r ??/?L?CdC.?
Esquire; and Esquire re appointed Arbitrators in! the above-captioned
action as pray6d for.
BY THE COURT:
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6'/ /Bttµr? ? 24-C.
Plaintiff
61l944 guAn
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.4N-"5
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature ign ire 19 7- y z -"o e
/C• 44 AMV JQGGuf?tNENI•VC(ZN* /f7i"c%K?/ S iuv S
Naxnee (Chairman) Name Name
?al?e `SA-°?' L Sim c.
Law Firm Law Firm Law Firm
J / J
/a/ 5,J%?f Nq $. 4ANO,1tK67- .35ay
Address Addres : dd
7Qf1;CSil O% &ALItf
P? 1701 00'4 ,7,1
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City, Zip City, zip city, zip
A 1 t. 9-l L /.z ?To # /(, 18.i_,
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
69ti
Date of Hearing: U
Date of Award: a? O
Notice of Entry of Award
dissents.
name if
m
Now, the - day of 2006 at 1-2:19 R .M., the above award was
entered upon the docket and notice they of given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ -7'70.0-0
Prothonotary
By:
Deputy
.? 2M
PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARTS HEALTH CENTER,
Plaintiff
V.
BRENDA KUHN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-998
20
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Paula J. McDermott, E s q . , , counsel for the plaintiffs in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 6,935.06
The counterclaim of the defendant in the action is NJ A
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Marcus A. McKnight, III, Esquire, Irwin & McKnight, 60 W. Pomfret St.
Carlisle, PA 17013
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
Paula J. McDermott, Esquire
Post & Schell, 17 N. 2nd St., 12th Floor, Harrisburg, PA 17101-1601
ORDER OF COURT
petition,
Esq., and
AND NOW, . 200 , in consideration of the foregoing
Esq., and
captioned action (or actions) as prayed for.
Esq., are appointed arbitrators in the above
By the Court,
EDGAR B. BAYLEY
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f-In
PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARK HEALTH CENTER,
Plaintiff
V.
BRENDA KUHN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-998 20
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Paula J. McDermott, Esq., , counsel for the plaintiff/Aotbadut in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 6,935.06
The counterclaim of the defendant in the action is N/A
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Marcus A. McKnight, III, Esquire, Irwin & McKnight, 60 W. Pomfret St.
Carlisle, PA 17013
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
Paula J. McDermott, Esquire
Post & Schell, 17 N. 2nd St., 12th Floor, Harrisburg, PA 17101-1601
ORDER OF COURT
AND NOW, `M 200 in consideration of the f regoing
petition, Es q., and wj
Esq., and _ 1'? . VlJ ,Q fl Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By a Court,
AR . BAYLEY?? '
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PRESBYTERIAN HOMES, INC., IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
BRENDA KUHN,
DEFENDANT 04-0998 CIVIL TERM
ORDER OF COURT
AND NOW, this day of September, 2007, the appointment of a
Board of Arbitrators in the above-captioned case, IS VACATED. William C. Kollas,
Esquire, Chairman, shall be paid the sum of $50.00.
'William C. Kollas, Esquire
Court Administrator
:sal
CoP4
9--101
00
By t
Edgar B.
y .
Pitbvlr inn Home, 3:r,-
Plaintiff
rw& uhn
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 4 - 998
Civil Action - Law.
Oath
We do solemnly swear (or affrm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature
William C. K
Name (Chairman)
Kokb + I&nnadv
Law Firm
5iMe IM
I t DPI Fe- m wood Awe
Address
Oam 'l1 PA VID I I
City, T Zip
Signature
Name
Law Firm
Address
city, zip
Signature
Name
Law Firm
Address
City. Zip
-# I I3rl Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
. Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing:
(Chairman)
Date of Award:
Notice of Envy of Award
Now, the day of , 20______, at .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $
By:
Prothonotary Deputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: : ? Confessed Judgment
Presbyterian Homes, Inc., t/d/b/a :U Other
Forest Park Health Center File No. 04-998
P l a i n t i f f Amount Due $40000.00.
L
V. Interest $332.80
Brenda Kuhn, : Atty's Comm $2,500.00
Defendant
Costs $174.00
TO THE PROTHONOTARY OF THE SAID COURT:
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.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
151 Oak Flat'Road, Newyille,_PA 17241.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit. r .,
Date October 3 , 2007 Signature: ` i{
Print Name: Paula J. McDermott, Esq.
Address: 17 N. 2nd St., 12th Fl.
Harrisburg, PA 17101-1601
Attorney for: P l a in t i f f
Telephone: 717-612-6012
Supreme Court ID No: 4 6 6 6 4
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-998 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PRESBYTERIAN HOMES, INC., t/d/b/a FOREST
PARK HEALTH CENTER, Plaintiff (s)
From BRENDA KUHN, 151 Oak Flat Road, Newville, PA 17241
(1) You are directed to levy upon the property of the defendant (s)and to sell property of defendant at
151 Oak Flat Road, Newville, PA 17241.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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 $4,000.00
Interest $332.80
Atty's Comm $2,500.00 %
Atty Paid $157.97
Plaintiff Paid
Date: 10/04/07
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs $174.00
urtis R. Long, Prothonot
By:
Deputy
REQUESTING PARTY:
Name PAULA J. MCDERMOTT, ESQUIRE
Address: 17 N. 2ND ST., 12TH FL
HARRISBURG, PA 17101-1601
Attorney for: PLAINTIFF
Telephone: 717-612-6012
Supreme Court ID No. 46664
1%
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs: Advance Costs: 150.00
Sheriff's Costs 73.46
Docketing 18.00 76.54
Poundage 1.44
Advertising
Law Library .50
Prothonotary 2.00 Refunded on 07/29/08
Mileage 11.52
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee /
TOTAL 73.46 ? $f 13 f VS So Answers,
R. Thomas Kline, Sheriff 'O
By
CK--O 4X197
R-Ii cWbo;)?
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-998 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PRESBYTERIAN HOMES, INC., t/d/b/a FOREST
PARK HEALTH CENTER, Plaintiff (s)
From BRENDA KUHN, 151 Oak Flat Road, Newville, PA 17241
(1) You are directed to levy upon the property of the defendant (s)and to sell property of defendant at
151 Oak Flat Road, Newville, PA 17241.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the gamishee(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 $4,000.00
Interest $332.80
Atty's Comm $2,500.00 %
Atty Paid $157.97
Plaintiff Paid
Date: 10/04/07
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs $174.00
is R. Long, Prothonotafy
By:
&6,CL A.. -&-
Deputy
REQUESTING PARTY:
Name PAULA J. MCDERMOTT, ESQUIRE
Address: 17 N. 2ND ST., 12TH FL
HARRISBURG, PA 17101-1601
Attorney for: PLAINTIFF
Telephone: 717-612-6012
Supreme Court ID No. 46664
IN THE COURT-O1fON PLEAS OF CU1I~ERLAND C"O'i~N'TY, PE.>\tNSYLVANIA
CIVIL DFVISION '
P12~AECIPE Fs?RWRIT AF EXECUTI03v
Presbyterian Hoes, Inc. t/d/b/a
Forest Park Health Center,
Pl-aintif f ,
v
Brenda Kuhn,
Address:
I3e.£Erxlant .
. ~ Confessed Judgment C?
c~ -
File No. 04- 998 `~ ' ' r-= '~'_' '`n
.
Amount-Due $4, 000.00 ~ - ' `'
. Interest $1,.061.22 '~
Atty's -Comm $ 5', ~00~-Q0 -_ ~ ~;~,
Costs L ~
a c~ c^?
.
X~. ~p
7~.~10
OK$
TO 'THE PROTHONOTARY OF' THE SAID COURT:
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.
Issue writ of. execution in the above matter to the Sheriff of Cumberland
County, for debt,_interest and costs, upon the following described property of the.defendant (s)
151 Oak Flat Road, Ne~aville, PA 17241.
ERAECIPE FOR ATTACHMENT EXECUTION
.Issue writ of attachment to the Sheriff of Co°~:.,~ , 'or debt,_interest
and costs; .as: above, directing attachment against. the.above-named ga~ni$hee(s) for-the-following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
Supreme Court ID No: 46664
(Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) descn~bed in the attached exhibit.
O Date July 20. 2010 ' Signature: _ ~ ~.IWs
~a4.00 Pp A~ Print Name: Paula J. McDermott. Esq.
gt'°•~7' CBS Address: i7 North 2nd Street, I2th Flr.
73, 7 ~ "
55. Sp u Harrisburg, PA 17101
13, oo ••
o't~#.oo " ', Attorney for: Plaintiff
01.00 ~~ ' 717-612-6012
Telephone:
~ asa.Q3- PD Arty
$ a. oo Que
ex 13~R5'
e~ ~s~~~
(,t7 ritaQFr •i~.cuc~
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-998 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest'and costs due PRESBYTERIAN HOMES, INC t/d/b/a FOREST PARK
HEALTH CENTER, Plaintiff (s)
From BRENDA KUHN, 151: Oak Flat Road, Newville, PA 17241
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all other property
of the defendants .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
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 therepf;
(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 aze directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $4,000.00
L.L.
Interest -- $1,061.22
Atty's Comm $5,000.00
Atty Paid $252.93
Plaintiff Paid
Due Prothy $2.00
Other Costs
Date: 7/22/10
(Seal)
id D. Buell, Pro onotary
By:
Deputy
REQUESTING PARTY:
Name PAULA J. McDERMOTT, ESQUIRE
Address: POST & SCHELL, PC
17 NORTH 2'~ STREET, 12~ FLR
HARRISBURG, PA 17101
Attorney for: PLAINTIFF
Telephone: 717-612-6012
Supreme Court ID No. 46664
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
F-1L C-0FF10'E
2010 OCT 13 PM 2: C-r
Presbyterian Homes, Inc. t/d/b/a Forest Park Health Center
vs Case Number
.
Brenda Kuhn 2004-998
CUMBERLAND 00UH Y
?ENHSY VA1-11Pi.
SHERIFF'S RETURN OF SERVICE
07/28/2010 03:10 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 28,
2010 at 1450 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Brenda Kuhn, by making known unto Brenda Kuhn, at 151 Oak Flat Road, Newville, Cumberland County,
Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct
copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy
mailed to attorney and letter mailed to defendant on 07-29-10.
10/08/2010 Sheriffs sale scheduled for Thursday, October 21, 2010 at 3:00 p.m.
10/11/2010 07:30 PM -Sale bill posted on October 11, 2010 at 1930 hours by Deputy Shawn Gutshall. Sale date set
for Thursday, October 21, 2010 at 1500 hours. Copy of sale bill mailed to Attorney McDermott.
10/12/2010 Property sale cancelled this date by attorney McDermott.
10/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned STAYED, per request from plaintiff's attorney.
SHERIFF COST: $110.98
October 13, 2010
SO ANSWERS,
ROW R ANDERSON, SHERIFF
B
Sharon R. Lant
c) CrumySuae SFenfl, Ieieosoft. inr..
J
POST &SCHELL, P.C.
BY: PAULA J. MCDERMOTT, ESQUIRE
E-MAIL: pmcdermott@postschell.com
I.D. # 46664
17 NORTH 2ND STREET, 12TH FLOOR
HARRISBURG, PA 17101-1601
(717)612-6012
PRESBYTERIAN HOMES, INC., t/d/b/a
FOREST PARK HEALTH CENTER,
Plaintiff,
vs.
BRENDA KUHN, Individually and as former
POA for Irene Zelenak,
Defendant/Petitioner.
Attorneys for Plaintiff Presbyterian Homes,
Inc., tid/b/a Forest Park Health Center,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Civil No. 04-998
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
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Kindly mark the above-captioned action as discontinued, ended, and satisfied.
Respectfully submitted.
Dated: October 14, 2010
POST &SCHELL, P.C.
By: _ p~ ~, . ~~.
PAULA J.1(tICDERMOTT, ESQUIRE
I.D. # 46664
17 N. 2ND STREET
12TH FLOOR
HARRISBURG, PA 17101-1601
(717) 612-6012
Attorneys for Plaintiff Presbyterian
Homes, Inc., t/d/b/a Forest Park Health
Center
~o?2~ga~i
CERTIFICATE OF SERVICE
I, Paula J. McDermott, Esquire, an attorney at the law firm of Post & Schell, P.C., do
hereby certify that on the date set forth below, I did cause to be served a true and correct copy of
the foregoing document upon the following persons at the following addresses indicated below
by sending same in the United States mail, first-class, postage prepaid and by First-Class Mail:
Brenda Kuhn
151 Oak Flat Road
Newville, PA 17241
POST & SCHELL, P.C.
_ P~ ~, . n~.b--
Paula J. Mc rmott, Esq riu e
Date: October 14, 2010
70721&4v1