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HomeMy WebLinkAbout10-1160PERINI SERVICES/ IN THE COURT OF COMMON PLEAS OF SOUTH HAMPTON MANOR, L.P.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010- 1 I(o0 CIVIL TERM c ' DAN KEEN, Defendant n -? NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 0 9x.00 p0 AM,/ er-* /5705 e a3'7 75(0 PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P. : Plaintiff V. DAN L. KEEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- !166 CIVIL TERM COMPLAINT NOW, comes Perini Services/South Hampton Manor Limited Partnership d/b/a Shippensburg Health Care Center ("Shippensburg Health"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Shippensburg Health is a Maryland limited partnership duly authorized to conduct business in the Commonwealth of Pennsylvania with a business address of 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Dan L. Keen, is an adult individual with a mailing address of P.O. Box 1241, Chambersburg, Franklin County, Pennsylvania 17201. 3. Shippensburg Health operates a resident skilled care nursing facility located at 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 4. On or about April 14, 2006, Donna L. Nead sought to be admitted to the Shippensburg Health facility. 5. On or about April 14, 2006, Dan L. Keen as attorney-in-fact for Donna L. Nead, executed an Admission Agreement on behalf of Donna L. Nead, at the facility. A true and correct copy of the signed signature page to the Admission Agreement is attached hereto as Defendant Exhibit "A" and is incorporated. 6. Pursuant to the Admission Agreement, Donna L. Nead would be responsible to pay any costs of care which were not covered by a third party payer. 7. On or about April 14, 2006, Donna L. Nead became a resident of the Shippensburg Health facility and remained a resident to December 24, 2007. 8. Pursuant to the Admission Agreement, Dan Keen agreed, as the responsible party for Donna L. Nead, to pay the costs of care provided from the income of Donna L. Nead. 9. As of December 24, 2007, Donna L. Nead owed Shippensburg Health the sum of $11,459.00 for the costs of care provided by Shippensburg Health to her. A true and correct copy of the Statement reflecting the balance due is attached hereto as Exhibit "B" and is incorporated. 10. Upon information and belief, Donna L. Nead passed away on December 24, 2007. 11. Demand has been made upon Dan Keen to pay the amount due for the costs of care provided to Donna L. Nead. COUNT I-BREACH OF CONTRACT SHIPPENSBURG HEALTH v. DAN KEEN AND DONNA L. NEAD 12. Plaintiff incorporates by reference paragraphs one through eleven as though set forth at length. 13. Dan Keen has breached his obligation to pay for the costs of care as provided by Shippensburg Health. 14. As a consequence of that breach, Shippensburg Health is owed the sum of $11,459.00 to December 24, 2007. 15. The accrued debt consists of the private pay obligation of Donna L. Nead. Dan Keen has failed to pay the private pay obligation from the benefits he has received in the name of Donna L. Nead. 16. The Admission Agreement bound Donna L. Nead to pay for the costs of her care at the facility and bound Dan Keen to pay the costs of care from the assets and income of Donna L. Nead. 17. The Admission Agreement provides for the recovery of a penalty for late payments in the amount of 1.5% per month. These finance charges total $4,090.60 as of January 18, 2010 and continue to accrue at the rate of $5.65 per diem. 18. The Admission Agreement provides for the recovery of reasonable attorney fees and costs incurred by Shippensburg Health to collect a debt due and owing to Shippensburg Health. WHEREFORE, Plaintiff requests judgment in its favor and against Dan Keen and Donna L. Nead for the sum of $15,549.60 plus additional interest, costs and expenses and any additional amount coming due to the date of award and attorney fees and costs. COUNT II-MONEY HAD AND RECEIVED SHIPPENSBURG HEALTH v. DAN KEEN 19. Plaintiff incorporates by reference paragraphs one through eighteen as though set forth at length. 20. During the period of Donna L. Nead's residence at the facility, Dan Keen has been receiving social security and pension benefits of Donna L. Nead. 21. The proper use of those funds would have been to pay the costs of care accruing for the care of Donna L. Nead at Shippensburg Health. 22. At the time of receipt of those funds, Dan Keen knew that these funds should be paid over to Shippensburg Health for the costs of Donna L. Nead care. 23. Dan Keen gave no consideration for the funds of Donna L. Nead he has received. 24. Demand has been made upon Dan Keen to tender the funds of Donna L. Nead to Shippensburg Health and he has failed and refused to do so. WHEREFORE, Plaintiff requests judgment in its favor and against Dan Keen requiring him to: a) return the subject matter in specie; b) pay over the value if Dan Keen has consumed the money in beneficial use; C) pay its value if Dan Keen has disposed of the funds received; and d) award costs, expenses and interest. Respectfully submitted, a RIEN, BARIC & SC R David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/shcc/nead/complaint.pld VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. David A. Baric, Esquire Dated: 09/10/10 IN SS WHEREOF, the parties have executed this Contract on this jL l*lday o£_ Witness ` Witness $y: Larry A Cottle, Administrator Shippensburg.Health Care Center . X A" -A. J" - - Resident If the Resident has been -adjudicated disabled or the Resident's doctor determines that the Resident- is incapable of understanding or exercising his or her rights and responsibilities, the Facility may require the signature of another person on this contract. The other person may be: (1) An appointed healthcare, agent under an advance directive-for medical care; (2) A guardian or Power of Attorney of the person; (3) A surrogate or family member. Witness Responsible Party (Name) 2 Title: Indicate whether you are (1), (2) or (3) EXHIBIT "A" STATEMENT SHIPPENSBURG HEALTH CARE CTR Phone: 717-530-830( 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 Statement Date: 08126/09 Pastor Danny Keen Resident: DONNA L NEAD P.O. Box 85 St. Thomas, PA 17252 Date Service Through (qty Description Amount *"*`*'"*** CHARGES ******"`** 04/30/06 04/14106 04/30106 17 Room Charges 3,383.00 05/31/06 05/01106 05131106 31 Room Charges 6,169.00 06/30106 06101106 06130/06 30 Room Charges 5,970.00 12/08/07 04114/06 12108/07 186 Patient Liability 30,042.48 ** CASH RECEIPTS/ADJUSTMENTS ** 05112106 04/30106 04130/06 Payment -8,25 06/06106 04130/06 04/30/06 Payment -600.00 06106/06 04/30/06 04/30106 Payment -10.00 08/09/06 04/30/06 04130/06 Payment -500.00 09/06/06 04/30/06 04130/06 Payment -500.00 10/11/06 04/30/06 09/18/06 Payment -1,188.00 11107/06 04/30106 10125108 Payment -1,188.00 07/12/07 04/30/06 07/31/07 Payment -800.00 08/01/07 04/21/06 08/31/07 Payment -732.00 12/05106 05131/06 05131/06 Payment -1,188.00 01/03/07 05131106 05131/06 Payment -1,225.00 03105/07 11106106 01129/07 Payment -1,225.00 08114/07 12/07/06 01106/07 Payment -600.00 08/30/07 01/06/07 01106/07 Payment -122.00 09/28107 01106/07 01106107 Payment -122.00 10104107 01106/07 02/06/07 Payment -500.00 01/11108 02106/07 02106/07 Payment -45.00 09/06107 03/07107 04106/07 Payment -400.00 04/10107 04110/07 04110/07 Payment -1,225.00 05/10107 05115107 05115/07 Payment -1,000.00 07/24107 07/17/07 08131/07 Payment -122.00 07/24107 08/31/07 08/31107 Payment -122.00 07124/07 08/31107 08/31/07 Payment -122.00 12104/07 09107107 10107/07 Payment -122.00 11/01107 10107107 10108/07 Payment -122.00 12/12/07 10/07107 10107/07 Payment -1,180.00 01/01107 04/14106 04130/06 17 ADJ. Room Charges -3,383.00 01101/07 05/01/06 05/31106 31 ADJ. Room Charges -6,169.00 01101/07 06/01106 06130106 30 ADJ. Room Charges -5,970.00 EXHIBIT "B" Page 1 STATEMENT SHIPPENSBURG HEALTH CARE CTR Phone: 717-530-830( 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 Statement Date: 08126/09 Resident: DONNA L NEAD Date Service Through (Qty Description 07/01107 10104/06 10125/06 8 ADJ. Co-Pay- 92526ST- SWALLOWING DYSFUNC 10101107 07125107 07131/07 7 ADJ. Patient Liability 10101107 08/01107 08/08/07 8 ADJ. Patient Liability 10101/07 09101107 09108107 8 ADJ. Patient Liability ****** ANCILLARYIOTHER CHARGES 06112106 06/05/06 06112106 2 Barber & Beauty 06/21106 06/21/06 06121/06 1 CABLE 07/01107 08128106 08128106 1 Barber & Beauty 09118/06 09/04/06 09/18/06 3 Barber & Beauty 07101/07 10116106 10/30100 3 Barber & Beauty 10125106 10/04/06 10/25106 8 Co-Pay- 92526ST- SWALLOWING DYSFUNCTION 11106/06 11106106 11106/06 1 Barber & Beauty 01129107 01/08107 01/29/07 4 Barber & Beauty 07101107 02/19/07 02/26/07 2 Barber & Beauty 03112107 03/05107 03/12/07 2 Barber & Beauty 06119/07 06119107 06/19107 1 CABLE Amount -125.44 -1,180.02 -1,302.02 -1,302.02 16.50 7.00 6.25 27.00 27.00 125.44 8.25 33.00 18.75 16.50 7.00 TOTAL AMOUNT DUE »»»»>»» 11,459.42 Page 2 ¦ PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P. Plaintiff V. DAN L. KEEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0 ^s NO. 2010-1160 CIVIL TERM ray' s PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION' fL} au Please attach the following Substitute Verification to the Complaint filed in this matter on February 18, 2010. Respectfully submitted, BARIC SCHERER Date: February 18, 2010 David A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I, Deb Black, Business Office Manager, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. ,? ba ?7 //0 Date: ` eb Black Business Office Manager SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ???tx?y? ct tiu?nG,rfy`??A`+ OMF F *-. -Fc,jl FILE ?1 it Fr; TRY N10 A" 1 u F'1 Perini Services/ South Hampton Manor, LP I Case Number vs. 2010-1160 Dan Keen SHERIFF'S RETURN OF SERVICE 02/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Dan Ken, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint and Notice according to law. 03/0312010 Franklin County Return: And now March 3, 2010 at 1125 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dan Keen by making known unto Sharon Keen, adult in charge at 5046 Lincoln Way West, St. Thomas, PA 17252 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 March 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF r CeuntySuae Sheotf. Teieci,off_ li^e. PERINI SERVICES/ IN THE COURT OF COMMON PLEAS OF SOUTH HAMPTON MANOR, L.P.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v• NO. 2010-1160 CIVIL TERM c:~ ~ -; ~__ ~ ;: DAN L. KEEN, : _ . ~ ~' Defendant ~ , ~ ~.;_, >- -a_ PLAINTIFF' S MOTION FOR JUDGMENT ~ ~ W ON THE PLEADINGS PURSUANT TO Pa.RC.P. 1034 t71 NOW, comes Plaintiff, Perini Services/South Hampton Manor, L.P. ("Perini"), by and through its attorneys, Baric Scherer, and files the within Motion for Judgment on the Pleadings and, in support thereof sets forth the following: 1. Plaintiff filed its Complaint in this matter on February 18, 2010. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and is incorporated by reference. 2. On March 3, 2010, Defendant was served with a copy of the Complaint. 3. The Sheriff s Department of Cumberland County prepared an affidavit of return for service of the Complaint upon the Defendants. A true and correct copy of the Sheriff's return is attached hereto as Exhibit "B" and is incorporated. 4. On or about March 31, 2010, Defendant filed an "Answer" to the Complaint. A true and correct copy of the "Answer" is attached hereto as Exhibit "C" and is incorporated by reference. 5. Nowhere in the "Answer" has Defendant responded to the averments set forth in the Complaint. 6. Pursuant to Pa.R.C.P. 1029 (a) a responsive pleading is to "admit or deny each averment of fact in the preceding pleading..." 7. General denials are not permitted under applicable rules of civil procedure. 8. General denials are to be considered admissions pursuant to Pa.R.C.P. 1029(b) which provides, in relevant part, as follows: (b) ... A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission. 9. Neither Pa.R.C.P. 1029 (c) or (e) is applicable to the instant matter. 10. Pa.R.C.P. 1034 permits a party to move for judgment on the pleadings after the pleadings are closed but within such time as not to unreasonably delay a trial. Pa.R.C.P. 1034(a). 11. Pa.R.C.P. 1034 permits the court to enter such order as shall be proper on the pleadings. 12. No judge has ruled on any issue in this case. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against the Defendant as prayed in the Complaint filed by Plaintiff. Respectfully submitted, C SCHE R r David A. Baric, Esquire ID # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/shcc/need/j udgmentonpleadings.mot PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P. Plaintiff v. : DAN KEEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c~ r.- ~.Y -`', t_~3 N0.2010- I I io0 CIVIL TERM~l' `'; ii`~ ~. :~ r `. '~~ NOTICE N 'T'T r~ Q7 p f.,3 Q C~ You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing. in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 =~= R ~ -'~ f- "IJ ~~ ~~~ --I •_~ t=', r~i `7J ..~ EXHIBIT "A" PERINI SERVICES/ : SOUTH HAMPTON MANOR, L.P. Plaintiff v. DAN L. KEEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010- CIVIL TERM COMPLAINT NOW, comes Perini Services~/South Hampton Manor Limited Partnership d/b/a Shippensburg Health Care Center ("Shippensburg Health"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Shippensburg Health is a Maryland limited partnership duly authorized to conduct business in the Commonwealth of Pennsylvania with a business address of 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Dan L. Keen, is an adult individual with a mailing address of P.O. Box 1241, Chambersburg, Franklin County, Pennsylvania 17201. 3. Shippensburg Health operates a resident skilled care nursing facility located at 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 4. On or about April 14, 2006, Donna L. Nead sought to be admitted to the Shippensburg Health facility. 5. On or about April 14, 2006, Dan L. Keen as attorney-in-fact for Donna L. Nead, executed an Admission Agreement on behalf of Donna L. Nead, at the facility. A true and correct copy of the signed signature page to the Admission Agreement is attached hereto as Defendant Exhibit "A" and is incorporated. 6. Pursuant to the Admission Agreement, Donna L. Nead would be responsible to pay any costs of care which were not covered by a third party payer. 7. On or about April 14, 2006, Donna L. Nead became a resident of the Shippensburg Health facility and remained a resident to December 24, 2007. 8. Pursuant to the Admission Agreement, Dan Keen agreed, as the responsible party for Donna L. Nead, to pay the costs of care provided from the income of Donna L. Nead. 9. As of December 24, 2007, Donna L. Nead owed Shippensburg Health the sum of $11,459.00 for the costs of care provided by Shippensburg Health to her. A true and correct copy of the Statement reflecting the balance due is attached hereto as Exhibit "B" and is incorporated. 10. Upon information and belief, Donna L. Nead passed away on December 24, 2007. 11. Demand has been made upon Dan Keen to pay the amount due for the costs of care provided to Donna L. Nead. COUNT I-BREACH OF CONTRACT SHIPPENSBURG HEALTH v. DAN KEEN AND DONNA L. NEAD 12. Plaintiff incorporates by reference paragraphs one through eleven as though set forth at length. 13. Dan Keen has breached his obligation to pay for the costs of care as provided by Shippensburg Health. 14. As a consequence of that breach, Shippensburg Health is owed the sum of $11,459.00 to December 24, 2007. 15. The accrued debt consists of the private pay obligation of Donna L. Nead. Dan Keen has failed to pay the private pay obligation from the benefits he has received in the name of Donna L. Nead. 16. The Admission Agreement bound Donna L. Nead to pay for the costs of her care at the facility and bound Dan Keen to pay the costs of care from the assets and income of Donna L. Nead. 17. The Admission Agreement provides for the recovery of a penalty for late payments in the amount of 1.5% per month. These finance charges total $4,090.60 as of January 18, 2010 and continue to accrue at the rate of $5.65 per diem. 18. The Admission Agreement provides for the recovery of reasonable attorney fees and costs incurred by Shippensburg Health to collect a debt due and owing to Shippensburg Health. WHEREFORE, Plaintiff requests judgment in its favor and against Dan Keen and Donna L. Nead for the sum of $15,549.60 plus additional interest, costs and expenses and any additional amount coming due to the date of award and attorney fees and costs. COUNT II-MONEY HAD AND RECEIVED SHIPPENSBURG HEALTH v. DAN KEEN 19. Plaintiff incorporates by reference paragraphs one through eighteen as though set forth at length. 20. During the period of Donna L. Nead's residence at the facility, Dan Keen has been receiving social security and pension benefits of Donna L. Nead. 21. The proper use of those funds would have been to pay the costs of care accruing for the care of Donna L. Nead at Shippensburg Health. 22. At the time of receipt of those funds, Dan Keen knew that these funds should be paid over to Shippensburg Health for the costs of Donna L. Nead care. 23. Dan Keen gave no consideration for the funds of Donna L. Nead he has received. 24. Demand has been made upon Dan Keen to tender the funds of Donna L. Nead to Shippensburg Health and he has failed and refused to do so. WHEREFORE, Plaintiff requests judgment in its favor and against Dan Keen requiring him to: a) return the subject matter in specie; b) pay over the value if Dan Keen has consumed the money in beneficial use; c) pay its value if Dan Keen has disposed of the funds received; and d) award costs, expenses and interest. Respectfully submitted, RIEN, BARIC & SC R David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.d it/shcc/need/com plaint. pld VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. / M David A. Baric, Esquire Dated: 0~ l~ ~a STATEMENT SHIPPENSBURG HEALTH CARE CTR Phone: 717-530-830 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 Statement Date: 08126/09 Pastor Danny Keen Resident: DONNA L NEAT P.O. Box 85 St. Thomas, PA 17252 Date Serv ce Throus~h . t ( Descrtation Amount '""`*"""` CHARGES """'"'•"' 04/30/08 .04H4106 04/30/OB - 17 Room Charges 3,383.00 05/31/06 05/01/06 05131/08 31 Room Charges 6,189.00 08/30/06 06/01/OB 08/30/06 30 Room Charges 5,870.00 12/08107 04114!06 12/08/07 180 Patlent Llabiliry 30,042.48 "CASH RECEIPTS/ADJUSTMENTS" 05h2108 04/30108 04/30/06 Payment -8.25 08/06/08 04/30/06 04/30/08 Payment -600.00 08/06/08 04/30/08 04130/08 Payment -10.00 08/09106 04/30/08 04/30/08 Payment -500.00 09/06/08 04130/06 04/30/06 Payment -500.00 10!11/08 04/30/06 09118106 Payment -1,188.00 11/07/08 04/30/08 10/25/08 Payment -1,188.00 07/12/07 04/30/08 07131/07 Payment •800.00 08/01/07 04/21/06 08/31/07 Payment -732.00 12/05/08 08131/08 05!31106 Payment -1,188.00 01/03/07 05131/06 05/31/06 Payment -1,225.00 03/05107 11106/08 01/29/07 Payment -1,225.00 08/14107 12/07/06 01106/07 Payment -600.00 08/30/07 01/08/07 01106/07 Payment -122.00 09/28/07 01108/07 01/08/07 Payment -122.00 10104/07 01/08/07 02/08/07 Payment -500.00 01H1108 02/06/07 02/08/07 Payment -45.00 09/08/07 03/07/07 04/08/07 Payment -400.00 04/10/07 04110!07 04/10/07 Payment -1,225.00 05/10107 05/15/07 05/15/07 Payment -1,OOD.00 07124107 07/17/07 08/31/07 Payment -122.00 07124107 08!31!07 08/31/07 Payment -122.00 07/24107 08/31/07 08/31/07 Payment -122.00 12104/07 09/07/07 10107/07 Payment -122.00 11101/07 10/07/07 10/08/07 Payment -122.00 12N21D7 10/07/07 10/07/07 Payment -1,180.00 01101!07 04/14/08 04/30/06 17 ADJ. Room Charges -3,383.00 01!01107 05/01/08 08/31/06 31 ADJ. Room Charges -6,169.00 01101107 06/01/06 08/30/06 30 ADJ. Room Charges -5,970.00 E7~IIBIT "B" Page 1 STATEMENT SHIPPENSBURG HEALTH CARE CTR 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 Phone: 71 Statement Date: 08/26/09 Resident: DONNA L NEAD ~ ry c Through ~f Description Amount 07/01/07 10/04106 10125108 8 ADJ. Co-Pay- 92528ST- SWALLOVYING DYSFUNC -125.44 10/01107 07/25/07 07/31107 7 ADJ. Patient Liability -1,180.02 10/01/07 08101107 08/08107 8 ADJ. Patient Uability •1,502.02 10/01107 09/01/07 09/08/07 8 ADJ. Patient Liability -1,302.02 ~" ANCILLARY/OTHER CHARGES """ 08/12108 08105/08 08/12/06 2 Barber & Beauty 18.50 06/21108 08121/06 08121106 1 CABLE 7.00 07/01107 08128106 08/28106 1 Barber & Beauty 8.25 09116/06 09/04/08 09M8/06 3 Barber & Beauty 27.00 07/01107 10/16/08 10/30/08 3 Barber & Beauty 27.00 10125106 10/04/06 10/2S/OB 8 Co-Pay- 92526ST-SWALLOWING DYSFUNCTION 125.44 11/08108 11108/08 11106/08 1 Barber ~ Beauty 8.25 01/29107 01/08107 01/29!07 4 Barber & Beauty 33.00 07101/07 02119/07 02128/07 2 Barber & Beauty 18.75 03112107 03/05/07 03112/07 2 Barber & Beauty 18.50 06119107 06119/07 08/19/07 1 CABLE 7.00 TOTAL AMOUNT DUE »»»»»»> 11,459.42 Page 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~$,~us~ at ~elrti~Yrr~~ Jody S Smith Chief Deputy Edward L Schorpp SOi/C/fOr 9FFYCE v7~f Ti9E S~?ERIFF Perini Services/ South Hampton Manor, LP Case Number vs. 2010-1160 Dan Keen SHERIFF'S RETURN OF SERVICE 02/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Dan Ken, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint and Notice according to law. 03/03/2010 Franklin County Return: And' now March 3, 2010 at 1125 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice; upon the within named defendant, to wit: Dan Keen by making known unto Sharon Keen, adult in charge at 5046 Lincoln Way West, St. Thomas, PA 17252 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO. ANSWERS, ~°~~-~-- March 11, 2010 RON R ANDERSON, SHERIFF EXHIBIT "B" (c) County5uite Sheriff, Teleosaft, Inc. . SHERIFF'S RETURN - REGULAR CASE NO: 2010-00047- T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN PERINI SERVICES ET AL VS DAN KEEN ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being .duly sworn according to law, says, the within COMPLAINT KEEN DAN was served upon DEFENDANT the at 1125:00 Hour, on the 2nd day of March 2010 at 5046 LINCOL WAY WEST SAINT THOMAS, PA 17252 DAN KEEN a true and attested copy of COMPLAINT by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 So Answers: Service Affidavit .00 .00 ANGEL L Surcharge .00 By .00 eputy Sheriff .00 03/08/2010 O'BRIEN BARK SCHERER Sworn and Subscribed to before thy~ ~ ~ day of A.D. RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2011' In The Court of Common Pleas of Cumberland County, Pennsylvania Perini Services/ South Hampton Manor, LP vs. Dan Keen P.O. BOX 1241 Chambersburg, PA 17201 Civil No. 2010-1160 Now, February 19, 2010, T, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. m 1 of Cumberland County, PA davit of Service Now, bra. ~,.,, ~~ m,;~u~,b., 20_~u , at ~1:2~ o'clock t~ Ivi, served the within ~°,aw~ (~ ~~ ~ ~~'' upon .S I1 raves. trc~~ rr at _ t~ ~.. i~.z,~ c+~ a.,~ ~ P ~., .S^ '3-t~r~ s ~Q A 172,3' Z by handing to. .spa-v~-r~ trz~.,n a ~ u ~, ~,,~, ; -~~~ copy of the original ~p . ~~; y _ A ~ 7- and made lmown to So the contents thereof. Sheriff of "'~ COSTS Swo d~~bscribe efo'r~e /~ SERVICE $ me s a o#~~~~C~- ,20r0 MILEAGE ~ AFFIDAVIT r County, PA $ (Q0 ~~ RICHARD D, McCARTY, Notary Public Chambersburg BOrO., Franklin County ,:.. ~......Mc«~~r, Fmires Jan. 29, 2011 To: The Court of Common Pleas of SUBMITTED BY U.S. MAIL Cumberland County Pennsylvania 03-31-10 Re: 2010-1160 CIVIL TERM From: Pastor Dan L. Keen P.O. Box 1241 Chambersburg PA 17201 Enclosed :Letter Dated 03-24-10 (copy) In response to this letter from David A. Baric I would like to respond in person to whatever claims there are against me. I am working out of town at this time and should be back in Chambersburg by the end of April. The job I do is somewhat critical in nature and it is hard for me to get a replacement, however if the court could. set a date toward the end of April this would give me time to clear things and find a lawyer in this case or an arbitrator. I have tried in the past to contact Mr. Baric by phone. He called and left a voice mail message a couple of days later and then after receiving this letter, l called the Cumberland County Bar Association and they did not return my call at all. I would like to have a copy of the original claims Mr. Baric sent me as I have misplaced them during our move from our home at 5046 Lincoln Way West last month. Please send them to the above address if you would. Thank you for your consideration in the above matters. Pastor Dan L. Keen EXHIBIT "C" CERTIFICATE OF SERVICE I hereby certify that on August 4- , 2010, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of Plaintiff's Motion for Judgment on the Pleadings Pursuant to Pa.R.C.P. 1034, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Dan L. Keen P.O. Box 1241 Chambersburg, P Sylvania 17241 David A. Baric, Esquire PERINI SERVICES/ IN THE COURT OF COMMON PLEAS OF SOUTH HAMPTON MANOR, L.P.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010-1160 CIVIL TERM ~ ~ - ~_=- DAN L. KEEN, , ~:_ ' ~ ~'=_ ; ~., -~_ Defendant ~ ~ ~~ mac.:; -~ PLAINTIFF'S MOTION FOR JUDGMENT ~ W ON THE PLEADINGS PURSUANT TO Pa.R.C.P. 1034 - Vl - 9~ NOW, comes Plaintiff, Perini Services/South Hampton Manor, L.P. ("Perini"), by and through its attorneys, Baric Scherer, and files the within Motion for Judgment on the Pleadings and, in support thereof sets forth the following: 1. Plaintiff filed its Complaint in this matter on February 18, 2010. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and is incorporated by reference. 2. On March 3, 2010, Defendant was served with a copy of the Complaint. 3. The Sheriff s Department of Cumberland County prepared an affidavit of return for service of the Complaint upon the Defendants. A true and correct copy of the Sheriff's return is attached hereto as Exhibit "B" and is incorporated. 4. On or about March 31, 2010, Defendant filed an "Answer" to the Complaint. A true and correct copy of the "Answer" is attached hereto as Exhibit "C" and is incorporated by reference. 5. Nowhere in the "Answer" has Defendant responded to the averments set forth in the Complaint. 6. Pursuant to Pa.R.C.P. 1029 (a) a responsive pleading is to "admit or deny each averment of fact in the preceding pleading..." 7. General denials aze not permitted under applicable rules of civil procedure. 8. General denials aze to be considered admissions pursuant to Pa.R.C.P. 1029(b) which provides, in relevant part, as follows: (b) ... A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission. 9. Neither Pa.R.C.P. 1029 (c) or (e) is applicable to the instant matter. 10. Pa.R.C.P. 1034 permits a party to move for judgment on the pleadings after the pleadings are closed but within such time as not to unreasonably delay a trial. Pa.R.C.P. 1034(a). 11. Pa.R.C.P. 1034 permits the court to enter such order as shall be proper on the pleadings. 12. No judge has ruled on any issue in this case. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against the Defendant as prayed in the Complaint filed by Plaintiff. Respectfully submitted, C SCHE R r David A. Bazic, Esquire ID # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/shcc/Head/j udgmentonpleadings. mot PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P. Plaintiff v. DAN KEEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ N • ~:- ~ =i N0.2010- I I lO~ CIVIL TERM "-' `~:-; rn =~-,~, _ c~ r t~ ~ , .~ v~ , ~l i ~~ C_~ t",ti~ .~ a C~:?? •{ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice aze served, by entering a written appeazance personally or by an attorney and filing. in writing with the court, your defenses or objections to the claims set forth against you. You are wazned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Cazlisle, Pennsylvania 17013 (717) 249-3166 EXHIBIT "A" PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P. Plaintiff v. DAN L. KEEN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010- CIVIL TERM COMPLAINT NOW, comes Perini Services~'South Hampton Manor Limited Partnership d/b/a Shippensburg Health Care Center ("Shippensburg Health"), by and through its attorneys, O'BRIEN, BARK & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Shippensburg Health is a Maryland limited partnership duly authorized to conduct business in the Commonwealth of Pennsylvania with a business address of 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant, Dan L. Keen, is an adult individual with a mailing address of P.O. Box 1241, Chambersburg, Franklin County, Pennsylvania 17201. 3. Shippensburg Health operates a resident skilled care nursing facility located at 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 4. On or about April 14, 2006, Donna L. Nead sought to be admitted to the Shippensburg Health facility. 5. On or about April 14, 2006, Dan L. Keen as attorney-in-fact for Donna L. Nead, executed an Admission Agreement on behalf of Donna L. Nead, at the facility. A true and correct copy of the signed signature page to the Admission Agreement is attached hereto as Defendant Exhibit "A" and is incorporated. 6. Pursuant to the Admission Agreement, Donna L. Nead would be responsible to pay any costs of care which were not covered by a third party payer. 7. On or about April 14, 2006, Donna L. Nead became a resident of the Shippensburg Health facility and remained a resident to December 24, 2007. 8. Pursuant to the Admission Agreement, Dan Keen agreed, as the responsible party for Donna L. Nead, to pay the costs of care provided from the income of Donna L. Nead. 9. As of December 24, 2007, Donna L. Nead owed Shippensburg Health the sum of $11,459.00 for the costs of care provided by Shippensburg Health to her. A true and correct copy of the Statement reflecting the balance due is attached hereto as Exhibit "B" and is incorporated. 10. Upon information and belief, Donna L. Nead passed away on December 24, 2007. 11. Demand has been made upon Dan Keen to pay the amount due for the costs of care provided to Donna L. Nead. COUNT I-BREACH OF CONTRACT SHIPPENSBURG HEALTH v. DAN KEEN AND DONNA L. NEAD 12. Plaintiff incorporates by reference paragraphs one through eleven as though set forth at length. 13. Dan Keen has breached his obligation to pay for the costs of care as provided by Shippensburg Health. 14. As a consequence of that breach, Shippensburg Health is owed the sum of $11,459.00 to December 24, 2007. 15. The accrued debt consists of the private pay obligation of Donna L. Nead. Dan Keen has failed to pay the private pay obligation from the benefits he has received in the name of Donna L. Nead. 16. The Admission Agreement bound Donna L. Nead to pay for the costs of her care at the facility and bound Dan Keen to pay the costs of care from the assets and income of Donna L. Nead. 17. The Admission Agreement provides for the recovery of a penalty for late payments in the amount of 1.5% per month. These finance charges total $4,090.60 as of January 18, 2010 and continue to accrue at the rate of $5.65 per diem. 18. The Admission Agreement provides for the recovery of reasonable attorney fees and costs incurred by Shippensburg Health to collect a debt due and owing to Shippensburg Health. WHEREFORE, Plaintiff requests judgment in its favor and against Dan Keen and Donna L. Nead for the sum of $15,549.60 plus additional interest, costs and expenses and any additional amount coming due to the date of award and attorney fees and costs. COUNT II-MONEY HAD AND RECEIVED SHIPPENSBURG HEALTH v. DAN KEEN 19. Plaintiff incorporates by reference paragraphs one through eighteen as though set forth at length. 20. During the period of Donna L. Nead's residence at the facility, Dan Keen has been receiving social security and pension benefits of Donna L. Nead. 21. The proper use of those funds would have been to pay the costs of care accruing for the care of Donna L. Nead at Shippensburg Health. 22. At the time of receipt of those funds, Dan Keen knew that these funds should be paid over to Shippensburg Health for the costs of Donna L. Nead care. 23. Dan Keen gave no consideration for the funds of Donna L. Nead he has received. 24. Demand has been made upon Dan Keen to tender the funds of Donna L. Nead to Shippensburg Health and he has failed and refused to do so. WHEREFORE, Plaintiff requests judgment in its favor and against Dan Keen requiring him to: a) return the subject matter in specie; b) pay over the value if Dan Keen has consumed the money in beneficial use; c) pay its value if Dan Keen has disposed of the funds received; and d) awazd costs, expenses and interest. Respectfully submitted, RIEN, BARIC & SC R David A. Baric, Esquire I.D. # 44853 19 West South Street Cazlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/shcc/nead/complain~pld VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. nn David A. Baric, Esquire Dated: V a ~ ~ ~a STATEMENT SHIPPENSBURG HEALTH CARE CTR Phone: 717.530-8301 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 Statement Date: 08/26/09 Pastor Danny Keen Resident: DONNA L NEAD P.O. Box 85 St. Thomas, PA 17252 ate ce Thr u (,~y Description Amount ""`"""'"'CHARGES ""'"'•"' 04/30108 .04/14108 04/30/08 - 17 Room Charges 3,383.00 05/31108 05!01108 05/31/08 31 Room Charges 8,189.00 08!30/08 08/01108 08/30/08 30 Room Charges 5,870.00 12108!07 04/14/08 12/08/07 188 Patient Liability 30,042.48 "CASH RECEIPTS/ADJUSTMENTS "' OSN2108 04130!08 04130108 Payment -8.25 08108/08 04/30108 04130108 Payment -800.00 08!08108 04/30/08 04130108 Payment -10.00 08/09/08 04/30/08 04130!08 Payment -500.00 09/08/08 04130/08 04/30/08 Payment -500.00 10111/08 04/30/08 09/18!06 Payment -1,188.00 11/07/08 04/30/08 10125/08 Payment -1,188.00 07/12/07 04/30108 07131/07 Payment •800.00 08/01107 04/21/08 08/31/07 Payment -732.00 12/05/08 05/31!08 05/31/08 Payment -1,188.00 01103!07 05/31/08 05/31/06 Payment -1,225.00 03/05/07 11/06/08 01/29/07 Payment -1,225.00 06/14/07 12/07/06 01108/07 Payment -600.00 08/30107 01/08/07 01108/07 Payment -122.00 09/28/07 01108107 01/08107 Payment -122.00 10/04/07 01/08/07 02/08/07 Payment -500.00 01/11/08 02/06/07 02/08/07 Payment -43.00 09/08/07 03/07/07 04108/07 Payment -400.00 04h0-07 04/10/07 04h0/0T Payment -1,225.00 05/10/07 05/15/07 05/15/07 Payment -1,000.00 07124/07 07/17/07 08131/07 Payment •122.00 07124/07 08!31107 08/31/07 Payment -122.00 07/24107 08/31/07 08/31/07 Payment -122.00 12/04/07 09!07107 10107107 Payment •122.D0 11/01/07 10107!07 10/08/07 Payment -122.00 12/12/07 10/07/07 10/07107 Payment -1,180.00 01/01/07 04/14/06 04/30106 17 ADJ. Room Chsrges •3,383.00 01/01/07 05/01/08 05/31/08 31 ADJ. Room Charges -8,169.00 01/01/07 08101!08 08/30/08 30 ADJ. Room Charges •5,970.00 EXHIBIT "B" Page 1 STATEMENT SHIPPENSBURG HEALTH CARE CTR Phone: 717.530-830a 121 WALNUT BOTTOM RD SHIPPENSBURG, PA 17257 Statement Date: 08/26/09 Resident: DONNA L NERD ~g rvice Through ,may Description 07/01/07 10ro4/08 10/25/08 8 ADJ. CwPay- 92528ST- SWALLOWING DYSFUNC 10101107 07/25/07 07/31/07 T ADJ. Patient Liability 10/01/07 08101107 08/08107 8 ADJ. Patient Liability 10/01107 09/01/07 09/08/07 8 ADJ. Patisnt Liability "*'^" ANCILLARYIOTHER CHARGES "*'''" 06112108 08105108 06H2108 2 Barber&Beauty 06/21108 06121108 06121/08 1 CABLE 07/01/D7 08128/08 08/26/06 1 Barber d< Beauty 09/18/08 09ro4/08 09/18ro6 3 Barber & Beauty 07101107 10118/08 10/30!08 3 Barber 6 Beauty 10125/08 10ro4/08 10125106 8 CaPay- 92528ST-SWALLOWING DYSFUNCTION 11108/08 11/08/08 11ro8/06 1 Barber 8 Beauty 01/29107 01ro8107 01/29/07 4 Barber & Beauty 07!01107 02/19107 02/28/07 2 Barber & Beauty 03112107 03/05/07 03112107 2 Barber & Beauty 06119107 06/19/07 08/19107 1 CABLE Amount -125.44 -1,180.02 -1,302.02 -1,302.02 18.50 7.00 8.25 27.00 27.00 125.44 8.25 33.00 18.75 18.50 7.00 TOTAL AMOUNT DUE »>»»»»» 11,459.42 Page 2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~,~uta p~ ~ni~lb~t~~ Jody S Smith Chief Depufy Edward L Schorpp "' $OliClrOf CFFICE GaF T>!E $~ERIFP Perini Services/ South Hampton Manor, LP vs. Dan Keen Case Number 2010-1160 SHERIFF'S RETURN OF SERVICE 02/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Dan Ken, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint and Notice according to law. 03/03/2010 Franklin County Return: And now March 3, 2010 at 1125 hours I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice; upon the within named defendant, to wit: Dan Keen by making known unto Sharon Keen, adult in charge at 5046 Lincoln Way West, St. Thomas, PA 17252 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO. ANSWERS, March.11, 2010 RON R ANDERSON, SHERIFF EXHIBIT "B" (c) CountySuile Sheriff, TeleoSOR, Inc. SHERIFF'S RETURN - REGULAR CASE N0: 2010-00047 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN PERINI SERVICES ET AL VS DART KEEN ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being .duly sworn according to law, says, the within COMPLAINT KEEN DAN DEFENDANT was served upon the at 1125:00 Hour, on the 2nd day of March 2010 at 5046 LINCOL WAY WEST SAINT THOMAS, PA 17252 by handing to DAN KEEN a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing .00 Service .00 ANGEL L Affidavit .00 Surcharge .00 By .00 eputy Sheriff .DO 03/08/2010 O'BRIEN BARK SCHERER Sworn and Subscribed to before ~, tha.~ ~ ~ day of a ~ A.D. RICHARD D. McCARTY, Notary Public Chambersburg Bora., Franklin County My Commission Expires Jan. 29, 2011' Xn The Court of Common Pleas of Cumberland County, Pennsylvania Perini Services/ South Hampton Manor, LP vs. Dan Keen P.O. BOX 1241 Chambersburg, PA 17201 Civil No. 2010-1160 Now, February 19, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~~ County, PA Affidavit of Service Now, 3r~ ~~ mho., 20~, at i i:zo~ o'clock A 1v1, served the within ~°~~ (~ . ~',~~ .. ~ :`` upon .sl-,a,,~~ ~~ at ~ c~ L L..,S,n ~~fi~ ~a.~ P S f- .s^ ''1"t~1~A s '(~ d~ I ? 7..3' Z- by handing to ~ 5~.a-r~-,~ tr~~.,n a ~~c ~ ~,,,. ~s~ copy of the original ~ . ~ ~ y _ APT _ and made 1clown to ~1~.,,-,~„~ 1,c.~ the contents thereof. So Shcriff of County, PA COSTS Swo ~~bscribe efore SERVICE $ me s d o~,20% MILEAGE n _ . ~ ~., . ~ AFFIDAVIT I OF PENNSYLVANIA $ ~(16 ~ dot) RICHARD D, NIcCARTY, Notary Public Chambenburg Boro., Franklin County .:., r.,,s,rni<cien Expires Jan. 29, 2011 To: The Court of Common Pleas of SUBMITTED BY U.S. MAIL Cumberland County Pennsylvania 03-31-10 Re: 2010-1160 CIVIL TERM From: Pastor Dan L. Keen P.O. Box 1241 Chambersburg PA 17201 Enclosed :Letter Dated 03-24-10 (copy) In response to this letter from David A. Baric I would like to respond in person to whatever claims there are against me. I am working out of town at this time and should be back in Chambersburg by the end of April. The job I do is somewhat critical in nature and it is hard for me to get a replacement , however if the court could. set a date toward the end of April this would give me time to clear things and find a lawyer in this case or an arbitrator. I have tried in the past to contact Mr. Baric by phone. He called and left a voice mail message a couple of days later and then after receiving this letter, I called the Cumberland County Bar Association and they did not return my call at all. I would like to have a copy of the original claims Mr. Baric sent me as I have misplaced them during our move from our home at 5046 Lincoln Way West last month. Please send them to the above address if you would. Thank you for your consideration in the above matters. Pastor Dan L. Keen EXHIBIT "C" CERTIFICATE OF SERVICE I hereby certify that on August 9- , 2010, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of Plaintiff s Motion for Judgment on the Pleadings Pursuant to Pa.R.C.P. 1034, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Dan L. Keen P.O. Box 1241 Chambersburg, P Sylvania 17241 David A. Baric, Esquire PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) ~ r,,,, PERIIVI SERVICES/ SOUTH HAMPTON MANOR, L.P. 3 c~ o ~~ ~ vs. ~~ v N DAN L. KEEN -<~ w a No 2010-1160 CIVIL~~e~ ~~ 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurr€f~' o complaint, etc.): Plaintiff s Motion For Judgment On Pleadings Pursuant To Pa.R.C.P. 1034 2. Identify all counsel who will argue cases: (a) for plaintiffs: David A. Baric, Esquire (Name and Address) 19 West South Street, Carlisle, PA 17013 (b) for defendants: None (Name and Address) 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: December 15 , 0 i ~ ignature David A. Baric, Esquire Print your name Plaintiff September 22, 2010 Attorney for Date: --} =-rt r~n ~ -t~ ~ ca° --t C7 ~ -n Q `;'f ~~ r~ ~Y' ....: INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. n r PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P., Plaintiff V. DAN L. KEEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ? r Mra r NO 2010-1160 CIVIL TERM . .. IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 6`h day of January, 2011, upon consideration of Plaintiff's Motion for Judgment on the Pleadings Pursuant to Pa.R.C.P. 1034, following oral argument held on December 15, 2010, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. Plaintiff's motion for judgment on the pleadings is denied, without prejudice; 2. Defendant is afforded a period of 20 days from the date of this order to file with the prothonotary and serve upon Plaintiff's counsel a properly-captioned and verified, paragraph-by-paragraph answer to Plaintiff's complaint in full conformity with the Pennsylvania Rules of Civil Procedure applicable to responsive pleadings; and 3. Plaintiff may thereafter proceed in accordance with the Rules as circumstances permit. BY THE COURT, Jr., E A 'David A. Baric, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff 'Dan L. Keen 5046 Lincoln Way West St. Thomas, PA 17252 Defendant, pro Se Dan L. Keen P.O. Box 1241 Chambersburg, PA 17201 Defendant, pro Se II Coe A PERIM SERVICES/ SOUTH HAMPTON MANOR, L.P., Plaintiff V. DAN L. KEEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2010-1160 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE OLER and GUIDO, JJ. OPINION and ORDER OF COURT OLER, J., January 6, 2011. In this civil case, a nursing home has filed a complaint for non-payment of a debt allegedly due the facility for services rendered to a resident.' The named Defendant in the complaint is an individual said to have been the resident's attorney-in-fact pursuant to a power of attorney.2 For disposition at this time is Plaintiff's motion for judgment on the pleadings.3 The matter was argued on December 15, 2010. For the reasons stated in this opinion, the motion will be denied, without prejudice, and Defendant will be afforded a period of 20 days within which to file a proper answer to the complaint. STATEMENT OF FACTS On February 18, 2010, Plaintiff Perini Services/South Hampton Manor, L.P., filed a complaint against Dan L. Keen.4 In pertinent part, the allegations of the complaint may be summarized as follows: 1 See Complaint, filed February 18, 2010 (hereinafter "Complaint"). z Complaint, ¶5. s Plaintiff's Motion for Judgment on the Pleadings Pursuant to Pa. R.C.P. 1034, filed August 5, 2010. 4 See Complaint. In April of 2006, Defendant executed an "Admission Agreement" on behalf of one Donna L. Nead for her admittance into a nursing home in Shippensburg, Cumberland County, Pennsylvania, operated by Plaintiff.5 A signature page on the application indicated that Ms. Nead signed as the "Resident" and Defendant signed as the "Responsible Party" in his capacity as the applicant's attorney-in-fact pursuant to a "POA." 6 Preceding Defendant's signature was the following paragraph: If the Resident has been adjudicated disabled or the Resident's doctor determines that the Resident is incapable of understanding or exercising his or her rights and responsibilities, the Facility may require the signature of another person on this contract. The other person may be: (1) An appointed healthcare agent under an advance directive for medical care; (2) A guardian or Power of Attorney of the person; (3) A surrogate or family member.' Ms. Nead was a resident of Plaintiff's facility from April 14, 2006, until December 24, 2007, and had accumulated an unpaid bill of $11,459.00,8 when she died.9 Defendant, who received social security and pension benefits of Ms. Nead in his capacity as her attorney-in-fact, became liable to Plaintiff on contract and quasi-contract theories as a result of the foregoing.10 Plaintiff's complaint alleges that, "[p]ursuant to the Admission Agreement, Dan Keen agreed, as the responsible party for Donna L. Nead, to pay the costs of care provided from the income of Donna L. Nead."" However, the agreement, with the exception of the signature page attached to the complaint, is not part of the record. Defendant was served with a copy of Plaintiff's complaint on March 3, 2010,12 but no response to the complaint appears on the docket. On August 5, 2010, Plaintiff filed the 5 See Complaint ¶¶1-5. 6 Complaint ¶¶5, 8; Exhibit A, affixed to Complaint, filed February 18, 2010 (hereinafter "Ex. A"). ' Exhibit A. 8 Complaint, 19; Exhibit B, affixed to Complaint, filed Feb. 18, 2010 (hereinafter "Ex. B"). 9 Complaint, ¶10. 10 See Complaint, ¶¶16, 20-22. " Complaint, ¶8. 12 Sheriff's Return of Service, dated March 3, 2010, filed March 16, 2010. 2 motion for judgment on the pleadings sub judice.13 Although the motion alleges that Defendant filed an "answer" to the complaint in the following form, no such pleading appears on the docket: To: The Court of Common Pleas of SUBMITTED BY U.S. MAIL Cumberland County Pennsylvania 03-31-10 Re: 2010-1160 Civil Term From: Pastor Dan L. Keen P.O. Box 124 Chambersburg, PA 17201 Enclosed : Letter Dated 03-24-10 (copy) In response to this letter from David A. Baric I would like to respond in person to whatever claims there are against me. I am working out of town at this time and should be back in Chambersburg by the end of April. The job I do is somewhat critical in nature and it is hard for me to get a replacement , however if the court could set a date toward the end of April this could give me time to clear things and find a lawyer in this case or an arbitrator. I have tried in the past to contact Mr. Baric by phone. He called and left a voice mail message a couple of days later and then after receiving this letter, I called the Cumberland County Bar Association and they did not return my call at all. I would like to have a copy of the original claims Mr. Baric sent me as I have misplaced them during our move from our home at 5046 Lincoln Way West last month. Please send them to the above address if you would. Thank you for your consideration in the above matters. Pastor Dan L. Keen 14 Noting that general denials are to be considered admissions under Pennsylvania Rule of Civil Procedure 1029(b),15 Plaintiff requests in its motion that "judgment be entered in its favor and against Defendant as prayed in the Complaint filed by Plaintiff. 46 " Plaintiff's Motion for Judgment on the Pleadings Pursuant to Pa.R.C.P. 1034, filed August 5, 2010 (hereinafter "Pl.'s Mot. for Judg. on Pleadings"). 14 Pl.'s Mot. for Judg. on Pleadings, ¶4, Exhibit C, affixed to Pl.'s Mot. for Judg. on Pleadings. 15 Pl.'s Mot. for Judg. on Pleadings, ¶¶7, 8. 16 Pl.'s Mot. for Judg. on Pleadings, ad damnum. 3 L DISCUSSION Under Pennsylvania Rule of Civil Procedure 1034, "after the pleadings are closed, ... any party may move for judgment on the pleadings."07 Pa. R.C.P. 1034(a) (emphasis added). Where a defendant has failed to file an answer to a complaint, the procedure for entry of a judgment by default is prescribed by Pennsylvania Rule of Civil Procedure 237.1, and includes the prerequisite of a 10-day notice of intention to file a praecipe for entry of a judgment by default. 18 In the present case, where Defendant did not in fact effect the filing of a pleading responsive to Plaintiffs complaint, and where the portion of the agreement which he purportedly executed as an attorney-in-fact that would indicate the contractual duties to the Plaintiff assumed by such a signatory was not appended to the complaint, the court is of the view that Plaintiffs motion for judgment on the pleadings must be regarded as premature. At the same time, Defendant's decidedly cavalier approach to the litigation has unfairly prejudiced Plaintiff by creating a latent ambiguity in terms of the procedural posture of the case at this pleading stage. Accordingly, the following order will be entered: ORDER OF COURT AND NOW, this 6t` day of January, 2011, upon consideration of Plaintiff's Motion for Judgment on the Pleadings Pursuant to Pa.R.C.P. 1034, following oral argument held on December 15, 2010, and for the reasons stated in the accompanying opinion, it is ordered and directed as follows: 1. Plaintiffs motion for judgment on the pleadings is denied, without prejudice; " Pa. R.C.P. 1034(a) (emphasis added). '$ See Pa. R.C.P. 23 7. 1 (a)(2)(ii). 4 2. Defendant is afforded a period of 20 days from the date of this order to file with the prothonotary and serve upon Plaintiff's counsel a properly-captioned and verified, paragraph-by-paragraph answer to Plaintiffs complaint in full conformity with the Pennsylvania Rules of Civil Procedure applicable to responsive pleadings; and 3. Plaintiff may thereafter proceed in accordance with the Rules as circumstances permit. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. David A. Baric, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Plaintiff Dan L. Keen 5046 Lincoln Way West St. Thomas, PA 17252 Defendant, pro Se Dan L. Keen P.O. Box 1241 Chambersburg, PA 17201 Defendant, pro Se 5 PERINI SERVICES/ IN THE COURT OF COMMON PLEAS OF SOUTH HAMPTON MANOR, L.P. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. DAN L. KEEN, Defendant TO THE PROTHONOTARY: NO. 2010-1160 CIVIL TERM PRAECIPE TO DISCONTINUE Kindly mark the above -captioned action as satisfied and discontinued without prejudice. Date: September 4, 2014 Respectfully submitted, 1 - David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff "":1 CERTIFICATE OF SERVICE I hereby certify that on September 4, 2014, I, David A. Bark, Esquire of Baric Scherer LLC, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Dan L. Keen P.O. Box 1241 Chambersburg, Pennsylvania 17241 David A. Baric, Esquire