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HomeMy WebLinkAbout10-3925PERINI SERVICES/ IN THE COURT OF COMMON PLEAS OF SOUTH HAMP'~ON MANOR, L.P.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. N0.2010- 39as CIVIL TERM GRETCHEN E. DESHONG and ELIZABETH M. CRAMER, AGENT FOR GRETCHEN E. DESHONG and INDIVIDUALLY, Defendant 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 T, , _,. -n ~- ~ ,, ,~` ,~. ~ ~~~~ r~. ~ - . ~_ -,~ - -; u `~ ~._ G'"'~ .'C lJ qoZ•~~ Pd ~ ~ ~~ ~ 7~ ~ a~3 ~o~ PERINI SERVICES/ IN TH>/ COURT OF COMMON PLEAS OF SOUTH HAMPTON MANOR, L.P.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. N0.2010- CIVIL TERM GRETCHEN E. DESHONG and ELIZABETH M. CRAMER, AGENT FOR GRETCHEN E. DESHONG and INDIVIDUALLY, Defendant COMPLAINT NOW, comes Perini Services/South Hampton Manor Limited Partnership d/b/a Shippensburg Health Caze Center ("Shippensburg Health"), by and through its attorneys, 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, Gretchen E. Deshong, is an adult individual with a residence address of 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendant, Elizabeth M. Cramer, is an adult individual with a residence address of 741 Broad Street, Chambersburg, Franklin County, Pennsylvania 17201. 4. Shippensburg Health operates a resident skilled caze nursing facility located at 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania. 5. On or about July 22, 2003, Gretchen E. Deshong sought to be admitted to the Shippensburg Health facility. 6. On or about July 22, 2003, Elizabeth M. Cramer as attorney-in-fact for Gretchen E. Deshong, executed an Admission Agreement on behalf of Gretchen E. Deshong at the facility. A true and correct copy of the signed signature page to the Admission Agreement is attached hereto as Exhibit "A" and is incorporated. 7. Pursuant to the Admission Agreement, Gretchen E. Deshong would be responsible to pay any costs of caze which were not covered by a third party payer. 8. On or about July 22, 2003, Gretchen E. Deshong became a resident of the Shippensburg Health facility and remains a resident to the date hereof. 9. Pursuant to the Admission Agreement, Elizabeth M. Cramer agreed, as the responsible party for Gretchen E. Deshong, to pay the costs of caze provided from the income of Gretchen E. Deshong. 10. As of Apri130, 2010, Gretchen E. Deshong owed Shippensburg Health the sum of $6,694.78 for the costs of caze 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. 11. Demand has been made upon Elizabeth M. Cramer to pay the amount due for the costs of Gaze provided to Gretchen E. Deshong. COUNT I-BREACH OF CONTRACT SHIPPENSBURG HEALTH v. GRETCHEN E. DESHONG AND ELIZABETH M. CRAMER 12. Plaintiff incorporates by reference pazagraphs one through eleven as though set forth at length. 13. Gretchen E. Deshong has breached her obligation to pay for the costs of Gaze as provided by Shippensburg Health. 14. Elizabeth M. Cramer has breached her obligation to pay for the costs of caze provided to Gretchen E. Deshong from the income and assets of Gretchen E. Deshong. 15. As a consequence of that breach, Shippensburg Health is owed the sum of $6,694.78 to Apri130, 2010. 16. The accrued debt consists of the private pay obligation of Gretchen E. Deshong. Elizabeth M. Cramer has failed to pay the private pay obligation from the benefits he has received in the name of Gretchen E. Deshong. 17. The Admission Agreement bound Gretchen E. Deshong to pay for the costs of her care at the facility and bound Elizabeth M. Cramer to pay the costs of caze from the assets and income of Gretchen E. Deshong. 18. The Admission Agreement provides for the recovery of a penalty for late payments in the amount of 1.5% per month. 19. 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 Elizabeth M. Cramer and Gretchen E. Deshong for the sum of $6,694.78. plus additional interest, costs and expenses and any additional amount coming due to the date of awazd and attorney fees and costs. COUNT II-MONEY HAD AND RECEIVED SHIPPENSBURG HEALTH v. ELIZABETH M. CRAMER 20. Plaintiff incorporates by reference pazagraphs one through nineteen as though set forth at length. 21. During the period of Gretchen E. Deshong's residence at the facility, Elizabeth M. Cramer has been receiving social security and pension benefits of Gretchen E. Deshong. 22. The proper use of those funds would have been to pay the costs of Gaze accruing for the caze of Gretchen E. Deshong at Shippensburg Health. 23. At the time of receipt of those funds, Elizabeth M. Cramer knew that these funds should be paid over to Shippensburg Health for the costs of Gretchen E. Deshong's Gaze. 24. Elizabeth M. Cramer gave no consideration for the funds of Gretchen E. Deshong she has received. 25. Demand has been made upon Elizabeth M. Cramer to tender the funds of Gretchen E. Deshong to Shippensburg Health and she has failed and refused to do so. WHEREFORE, Plaintiff requests judgment in its favor and against Elizabeth M. Cramer requiring her to: a) return the subject matter in specie; b) pay over the value if Elizabeth M. Cramer has consumed the money in beneficial use; c) pay its value if Elizabeth M. Cramer has disposed of the funds received; and d) awazd costs, expenses and interest. Respectfully submitted, C SCHERER r David A. Baric, Esquire I.D. # 44853 19 West South Street Cazlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/shcc/deshong/complaint. pld 05110!2010 12:29 7172495755 OBS _~ PAGE 07 VERIF ON The statements in the foregoing Complaint are based upon information which has been assembled by my attorney ire this litigation. The la~aguage of the statements is not my own.. I have read the statements; and to the extent that tltey are based upon irafoxmation which I have given to my counsel, they aze true and correct to the best of my knowledge, information and. beliE£ I understand that false statements liexein are made subject to the penalties o:f I $ Pa.C.S. § 4904 relating to unsworn falsi~cstions to authorities, DATE: ~.t~ Allison Klimowicz ~1~ ~ . ~~•~ -y I~P.ALTH CARE CENTER 121 Walnut Bottom Road (717) 530-8300 Shipptnsburg, Pennsylvania FAX (717) 530-8304 17257-9005 TTY 1-800-654-5984 ADMISSIQN AGREEMENT This A reement is ~etweert Shippensburg Health Care Center (the "Facilit}~' or "we" and) 5 (the "Resident" or "you") and, if you or the court have designated an individual to a ort yow bel or there is another individual to act on your behalf, or operation oflaw, E.1 ~~C31~'t C.!~(Qy-r-~.~ ("your representative"). A checklist of the rights and responsibilities applicable to your representative is listed in Exhibit 1 and is incc,rporated into this Agreement. ravine for Your Care If you are applying to this facility as a private-pay resident, you must provide all financial information requested by us. If we later find that the information you or your representative provided was inc~m~plete or inaccurate; we will consider that as a breach of this Agreement which gives us the right to pursue aU legal remedies against you or your representative. Who Can ]Be Required ~o Fev for Yggr Care Only yuu and your insurer care tie required to pay for your care. No other person, (i.e, a family member, friend, neighbor, legal representative or guardian) can be required to pay from their oHm funds for your care, although he or she may knowingly and voluntarily agree to guarantee payment far tha cast of yo-_rr care. We require the person responsible for making payments on your behalf to F-ay for your cart under the terms of this contract in a timely manner. if you are a bertefir..iary of Medicare, Medicaid or any other third-party payment plan, your representative a~ees to make all necessary payments from your funds. Your representative co~rid face a civil penalty for intentionally failing to pay required amounts from your funds and could face a criminal penalty for abusing your funds. Frivate Pav Residents The items and set<~ices included in our daily rate is basic room, board and general nursing care as required by your medical condition. Payment for items and services that are included in the daily rate and is payable one month in advance and due on the first of each month. Items and services included in your daily rate are listed in Exhibit 2.A. You will be charged separately for additions! items and services not included in our daily rates such as special nursing care, special equipment, phannacy charges, laboratory charges, medical transportation and additional services such as telephone expense, dry cleaning, beauty and barber services and newspapers. Items and services for which you will be charged are listed in Exhibit 2.8. Payment for these additional items and services are due after you have requested them, and; you have received and have been billed for them. Within 30 days of receiving an item or service, EXHIBIT "A" you have the right to ask us for an itemized financial statement that briefly but clearly describes each item and the amount charged for it. You will be given an updated listing of services and related charges, induding any charges for services not covered under Medicare or by the facilities basic per than charges, annually on or about January 1 of each year. Med~are Resitl~ts We participate in the Medicare Program. Medicare may pay for some or ail of yew nwsing home care. For information on Medicare, see Exhibit 3. If you are eligible for Medicare, you have the right to have claims for your nursing home care submitted to Medicare. Mediatid Residents We participate in the Medicaid program. For information on Medicaid, see Exlnbit 3. You are not required to give up any of your rights to Medicaid benefits to be admitted or to stay here. If your private funds are used up durjng yew stay here and you are eligible for Medicaid; we will accept Medicaid payments although Medicaid may require you to pay some amount in addition to what Medicaid pays for your care. If you are planning on applying to Medical Assistance later, you may want to find out now if your are "medically eligible" for nursing home payment by Medicaid. You are responsible for applying for and obtaining Medicaid benefits and we will assist you. We may not charge, ask for, accept or receive any giR, money, donation or consideration other than Medicaid reimbwsement as a condition of your admission or continued stay here except that Medicaid may require you to pay certain amounts from your private funds. ff you receive Medicaid, most of your nursing home charges such as room, board, and general nursing care are covered. For a list of services covered by Medicaid, see Exhibit 4.A. The local Board of Assistance will tell you whether you have to pay part of the charge for your care and, if so, how much. Some of the items and services that we offer are not covered by Medicaid. If you want any items or services, which are not covered by Medicaid, you or your representative will have to pay for them. A list of the items and services not covered by Medicaid and the charges for them are in Exhibit 4.B. Payment for items and services that are not covered by Medicaid is due after you have requested them, and; have received and have been billed for them. Within 30 days of receiving the item or service, you have the right to ask us for an itemized statement that briefly but clearly describes each item and the amount duuged for it. I_acreasa in Charges and Fees Any time we increase a fee or charge for item or service or add a new item or service, we will provide you and yew representative with 30 days advance written notice. Penalties We may not charge you interest if you pay your bill in time. Yow payment is on time if it is made within 45 days of the date the bill is post marked, or 30 days after the end of the billing period, whichever is later. The penalty we charge is 5% of the amount due, calculated on a per day basis. If you or yow representative do not pay the money you owe us and we hire a collection agency or attorney, you agee to be liable for their fees and court costs. Private Daty Nurses Geriatric Aides If you want a private duty nurse or a private duty geriatric aide, you are responsible for selecting a person licensed and/or certified according to Pennsylvania laws and regulations. You are also responsible for paying him or her and for letting us know that you have hired one. The person you hire is not an employee or agent of the facility, but he or she must meet our standards and follow ow policies and procedures. Employees of the Facility may not serve as private duty nurses or private duty geriatric aides. Holdins Your Bed if You Leave the Faciltyh- If you aro hospitalized or on leave from the Facility, we will hold your bed for you as follows: A. If you are private-pay resident, or are receiving inpatient care reimbursed under Medicare Progam (and you are not covered under Medicaid), unless you notify us otherwise, we will hold yow bed for as long as you pay for it at the daily rate you are currently being charged. B. If Medicaid pays for part or all of your nursing home care and you need to be hospitalized, we wiU hold yow bed for up to the maximum number of days required by this state, currently 15 days. If you leave for arty other reason, we will hold your bed for up to the maximum number of days required by this state, currently 18 days. You have a right to be readmitted to the facility to the first available appropriate bed. While we are holding your bed, you are still required to pay the Facility any amount for which you are liable as determined by the Medicaid Program. C. If you have applied foc Medicaid, your bed will be reserved in accordance with Paragraph B. However, if you are found to be ineligible for Medicaid, then you are required to pay for the bed as a private pay resident as described in Paragraph A D. Other third-party payers may or may not have a bed hold policy. We will discuss this if it applies to you. Your Risht to Make Complaints and Suaaest Ch9eo~e t~ p~ticiea snd Services As a nursing home resident, you have many rights according to State and Federal law. These are described in detail in Exhibit 6, which is attached and is part of this Contract. You may make complaints about your care in the Faality and you may also suggest changes in the policies and services of the Faality. You will not be harassed or discriminated against for making a complaint or suggesting a change in a policy or service. You may preserrt your complaints to facility, management company or to one of the foaowing State agencies: Larry D. Cottle, LNHA Administrator Shippensburg Health Care Center 121 Watrwt Bottom Road Shippensburg, PA 17257 717-530-8300 Ombudsman Office of Aging 16 West High Street Carlisle, PA 17013 717-240-61 l0 717-532-7286 Ext. 6110 Peter E. Perini, Sr. President Magnolia Management, Inc. 1710 Underpass Way Hagerstown, MD 21740 301-745-8700 Department of Health 100 North Cameron Street 2nd Floor Harrisburg, PA 17101 717-783-3790 Your Right to Make Deciaiana You have the right to make yow own medical decisions and to manage yow personal affairs, if you became disabled, it may be necessary for someone else to make decisions for you. For this reason, we recommend that you have a living will and/or advance directive for medical decisions and a financial Power of Attorney but you are not required to do so. See Exhibit 7 for a description of yow legal rights to decide about your futwe medical treatment. Transfer. Relocation an_d Diacharae You have the right to remain here, and you may not be transferred, relocated or discharged against your will, except for the following reasons: (1) A medical reason (i.e. the faality cannot provide the kind of care that you need, your condition has improved so that you no longer need the care we provide, or a medical emergency arises; (2) Your welfare or the welfare of other residents or staff; (3) Nonpayment for a stay, or (4) the Facility ceases to operate. If we decide that you should be transferred or discharged, we will notify you, and an immediate family member or legal representative, by letter 30 days in advance. If you are transferred because of an emergency situation, we will provide the required notice as soon as practicable. The letter will contain the reasons for the transfer or discharge and its effective date. The letter will also tell you how you can appeal our decision to transfer or discharge you. If you are discharged involuntarily, we will attempt to make other appropriate arrangements for your care. However, if other arrangements are not available, your representative agrees to accept you into his or her custody if it is medically appropriate. Your Right to End Thi: Contract If you decide to end this Contract and leave the Faality, you must pay your bt71 before you leave. You must give us five (S) days written notice to terminate this contract. If you leave before the end of that time, you must still pay for each day of the required notice. In the event you die while a resident of the faality, your representative is responst'ble for making the funeral arrangements. We will notify your representative immediately. If we, are unable to roach your ropresentative, we will contact the funeral home of your choice to facilitate arrangements. It is not possible to cover everything that is important to your stay in our Faality in the body of this Contract. Theroforo, we have included additional important documents as Exlnbits. These Exhibits are part of this Contract. Please verify that you received the Exhibits and that the contents of the Exhibits were explained to you by placing your initials on the line next to the description of each Exhibit. ~~1 exhibit 1. Rights and Obligations of Representatives. ~s~Exhibit 2. For Private Pay Residents: (a) Items and services covered by daily rate. (b) Items and services not covered by daily rate. Exhibit 3. How to Apply For and Use Medicare and Medicaid Benefits. ~'~f Exhibit 4. {a) Items and Services Covered by Medicaid. -~~~ ~~ (c) Items and Services Not Covered by Medicaid. C~~JFadubit 5. Physicians Who Practice at the Facility. ~%XG~~ Exhibit 6. Legal Rights of Pennsylvania to Deade Future Medical Treatmer~. ~~ Exhibit 7. Policies and Procures Concerning Your Personal Funds and Your ~~~ ~ Personal Property. ~~""v Exhibit 8. Services Provided by Outside Health Care Providers. Chances in Law Any provision of this Contract that is found to be invalid or unenforceable as a result of a change in State or Federal law wiU not irwalidate the remaining provisions of this Contract. if there are services we have agreed to provide that are later found to be impossible to render as a resuh of a change in State or Federal law, it is agreed that to the extent posstble, the Resident and the Facility will continue to fulfill our respective obligations under this Contract consistent with the law. IN SS WHEREOF, the ardes have executed this Contract on this bra, day of . _ c. Witness Witness B arty D. Cottle, Administrator Shippensburg Health Care Center 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 signatwe 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 R ible Party (Name) ~~> ~c~ Title: Indicate whether you are (I), (2) or (3) Shippensburg Health Care Center 121WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 (717)530-8300 GRETCHEN DESHONG 00791 REBECCA CRAMER 739 BROAD STREET CHAMBERSBURG, PA 17201 01/01/09 Balance Forward 02/13/09 Pa~nttent 12/01/08 Private Portion 12/01/08 Private Portion 12/01/08 Private Portion 12/01/08 Private Portion 12/01/08 Private Portion 12/01/08 Private Portion 12/01/08 Private Portion 12/01/08 Private Portion 01/01/09 Private Portion 01/01/09 Private Portion Ol/OI/09 Private Portion 01/01/09 Private Portion 01/01/09 Private Portion 01/01/09 Private Portion 01/01/09 Private Portion 01/01/09 Private Portion 01/01/09 Private Portion 01/01/09 ADV Private Portion 02/01/09 ADV Private Portion Sub Totals 12/01/08-12/25/08 12/01/08-12/25/oa 12/01/08-12/25/08 12/01/08-12/25/08 12/01/08-12/25/oa 12/01/08-12/25/08 12/ol/os-12/25/08 12/01/08-12/25/08 01/01/09-01/31/09 01/01/09-01/31/09 01/01/09-01/31/09 01/01/09-01/31/09 01/01/09-01/31/09 01/01/09-01/31/09 01/01/09-01/31/09 01/01/09-01/31/09 01/01/09-01/31/09 01/01/09-01/31/09 02/01/09-02/28/09 EXHIBIT "B" Balance Due: 6,694.78 Payments/ Charges ------- Credits --- 1,826.78 ---------- 0.00 13,557.00 1,152.00 1,152.00 1,152.00 1,152.00 1,152.00 1,152.00 1,152.00 1,152.00 1,227.00 1,227.00 1,227.00 1,227.00 1,227.00 1,227.00 1,227.00 1,227.00 1,227.00 1,227.00 1,227.00 13,796.78 24,300.00 Carried Fwd Shippensburg Health Care Center 121WALNUT BOTTOM ROAD SHIPPENSBUR.G, PA 17257 (717} 530-8300 Page 2 GRETCHEN DESHONG 00791 REBECCA CRAMER 739 BROAD STREET CHAMBERSBURG, PA 17201 Balance Due: 6,694.78 Payments/ Charges Credits 02/01/09 Balance From Prev Page ADV Private Portion 02/01/09-02/28/09 ---------- 13,796.78 ---------- 24,300.00 1,227.00 02/01/09 Private Portion 02/01/09-02/28/09 1,227.00 02/01/09 Private Portion 02/01/09-02/28/09 1,227.00 02/01/09 Private Portion 02/01/09-02/28/09 1,227.00 02/01/09 Private Portion 02/01/09-02/28/09 1,227.00 02/01/09 Private Portion 02/01/09-02/28/09 1,227.00 02/01/09 Private Portion 02/01/09-02/28/09 1,227.00 02/01/09 Private Portion 02/01/09-02/28/09 1,227.00 03/01/09 Private Portion 03/01/09-03/31/09 1,227.00 03/01/09 Private Portion 03/01/09-03/31/09 1,227.00 03/01/09 Private Portion 03/01/09-03/31/09 1,227.00 03/01/09 Private Portion 03/01/09-03/31/09 1,227.00 03/01/09 Private Portion 03/01/09-03/31/09 1,227.00 04/01/09 Private Portion 04/01/09-04/30/09 1,227.00 04/01/09 Private Portion 04/01/09-04/30/09 1,227.00 04/01/09 Private Portion 04/01/09-04/30/09 1,227.00 05/01/09 Private Portion 05/01/09-05/31/09 1,227.00 05/01/09 Private Portion 05/01/09-05/31/09 1,227.00 05/01/09 Private Portion 05/01/09-05/31/09 1,227.00 06/01/09 Private Portion 06/01/09-06/30/09 1,227.00 Sub Totals 28,520.78 34,116.00 Carried Fwd Shippensburg Health Care Center 121WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 (717)530-8300 Page 3 GRETCHEN DESHONG 00791 REBECCA CRAMER 739 BROAD STREET CHAMBERSBURG, PA 17201 Balance Due: 6,694.78 Payments/ Charges Credits 06/01/09 Balance Private From Prev Page Portion 06/01/09-06/30/09 28,520.78 34,116 00 06/01/09 Private Portion 06/01/09-06/30/09 1 227 00 1,227.00 07/01/09 Private Portion 07/01/09-07/31/09 , . 1 227 00 08/01/09 Private Portion 08/01/09-08/31/09 , . 1 227 00 09/01/09 Private Portion 09/01/09-09/30/09 , . 1 227 00 10/01/09 11/01/09 Private Private Portion Portion 10/01/09-10/31/09 11/01/09-11/30/09 , . 1,227.00 1 227 12/01/09 Private Portion 12/01/09-12/31/09 , .00 1 227 00 O1/Ol/10 Private Portion Ol/O1/10-01/31/10 , . 1 227 00 02/01/10 Private Portion 02/01/10-02/28/10 , . 1 227 00 03/01/10 Private Portion 03/01/10-03/31/10 , . 1 227 00 04/01/10 Private Portion 04/01/10-04/30/10 , . 1 227 00 12/01/08 12/01/08 CABLE CABLE 12/01/08 1 12/01/08 1 , . 10.00 12/01/08 CABLE 12/01/08 1 10.00 10 00 12/01/08 CABLE 12/01/08 1 10 00 . 12/01/08 CABLE 12/01/08 1 . 10 00 12/01/08 CABLE 12/01/08 1 10 00 . 12/01/08 CABLE 12/01/08 1 . 10 00 12/01/08 CABLE 12/01/08 1 10.00 . Sub Totals 42,057.78 35,383.00 Carried Fwd Shippensburg Health Care Center Page 4 121WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 (717) 530-8300 GRETCHEN DESHONG 00791 REBECCA CRAMER 739 BROAD STREET CHAMBERSBUR.G, PA 17201 Balance Due: 6,694.78 Payments/ Charges Credits 01/01/09 Balance From Prev Page CABLE 42,057.78 10 35,383 00 01/01/09 01/01/09 CABLE CABLE 01%01%09 01/01/09 i 1 .00 10.00 01/01/09 CABLE 01/01/09 1 10.00 10 00 01/01/09 01/01/09 CABLE CABLE 01/01/09 01/01/09 1 1 10.00 . 01/01/09 CABLE 01/01/09 1 10.00 10 00 01/01/09 01/01/09 CABLE CABLE 01/01/09 01/01/09 1 1 10.00 . 02/01/09 CABLE 10 00 10.00 02/01/09 02/01/09 .CABLE CABLE 02/01/09 1 . 1 10.00 02/01/09 CABLE 02/01/09 1 0.00 10 00 02/01/09 CABLE 02/01/09 1 10 00 . 02/01/09 02/01/09 CABLE CABLE 02/01/09 02/01/09 1 1 . 10.00 03/01/09 applying credit 10.00 5 00 03/01/09 applying credit . 5 00 03/01/09 applying credit 5 00 . 03/01/09 applying credit . 5.00 Sub Totals 42,157.78 35,463.00 Carried Fwd r Shippensburg Health Care Center Page 5 121WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 (717)530-8300 GRETCHEN DESHONG 00791 REBECCA CRAMER 739 HROAD STREET CHAMBERSBURG, PA 172b1 Balance Due: 6,694.78 Payments/ Charges Credits 05/01/09 Balance From Prev Page applying credit 42,157 78 35,463.00 05/01/09 applying credit 10.00 05/01/09 applying credit 10 00 10.00 % % pp y g . 05 01 09 a l in credit pp y g 10 00 10.00 05/01/09 a l in credit R . 09/01/09 09/01/09 T RANSFER TRANSFER 1.227.00 10.00 1,227.00 GRETCHEN DESHONG 00791 Please Remit: 6,694.78 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILC[ ~ :., F Sheriff ' ~~ T~~ r F' (,~ ^ '~. ~'t~'~ Jody S Smith ~°"'~i" ~t ~~~br~~'~~'~ Chief Deputy ~ ;~.~,+~ E, ~, '°s ~ ~ LI , Richard W Stewart ~`-,~w Solicitor ~F r~ sKeR(F~ CI;PJ~F ~ , ~, ::~~ ~ ~-.~(,v i~; Perini Services/ South Hampton Manor, LP Case Number vs. Elizabeth M. Cramer 2010-3925 SHERIFF'S RETURN OF SERVICE 06/17/2010 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: Elizabeth M. Cramer, individually, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint and Notice according to law. 06/17/2010 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: Elizabeth M. Cramer, as agent for Gretchen E. Deshong, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint and Notice according to law. 07/09/2010 Franklin County Return: And now July 9, 2010 at 1057 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: Elizabeth M. Cramer, as agent for Gretchen E. Deshong by making known unto Kim Cramer, Daughter of defendant at 741 Broad Street, Chambersburg, PA 17201 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/09/2010 Franklin County Return: And now July 9, 2010 at 1057 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: Elizabeth M. Cramer, by making known unto Kim Cramer, Daughter of defendant at 741 Broad Street, Chambersburg, PA 17201 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.44 July 16, 2010 SO ANSWERS, ~..... RON R ANDERSON, SHERIFF (c) CountySuite Sherift, Teleosoft. Inc. SHERIFF'S RETURN - REGULAR CASE NO: 2010-00155 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN PERINI SERVICES VS SOUTH HAMPTON MANOR LP RONALD L GEYER Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon CRAMER ELIZABETH M IND AND AS AGENT FOR GRETCHEN E DESHONG the DEFENDANT at 1057:00 Hour, on the 9th day of July 2010 at 741 BROAD STREET CHAMBERSBURG, PA 17201 KIM CRAMER (DAUGHTER) a true and attested copy of COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 Sworn and Subscribed to before me t 's ~~ day of o~~la . D . by handing to So Answers: RONALD L GEYER By p~y e ~,f 07/14/2010 BARK SCHERER RICHARD D. ~ ~~'~~~~"tA~ McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, X011 ~n The Court of Common Pleas of Cumberland County, Pennsylvania Perini Services/ South Hampton Manor, LP vs. Elizabeth M. Cramer, as agent for Gretchen E. Deshong 741 Broad Street Chambersburg, PA 17201 Civil No. 2010-3925 Now, June 17', 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. ~~ Sheriff of Cumberland County, PA Affidavit of Service Now, ~ - ~' , 201, at ~Q ~ 7 o'clock ~M, served the within p jQ~~dr1.I~ G ~ t) a C ~ upon at 7 ~/ by handing to K,;--~ ~p~ t daue,~ 1'er ~ a ~ ~/` 1,~-~`,•r~ copy of the original~~ ~~ riU.~ and made known to /~~~ G /`c~dYe~' ~ crcl car ~~ ~~ the contents thereof. So answers, of "~ " ~ ~ County, PA COSTS subscribed~? fore SERVICE $ day of~l~~,20 /o MILEAGE _ 1_ 1./7 AFFIDAVIT COMMONWEALTH OF RICHARD D. McCARTY, Notary Public Chambersburg 8oro., Franklin County My Commission Expires Jan. 29, 2011 ~n The Court of Common Pleas of Cumberland County, Pennsylvania Perini Services/ South Hampton Manor, LP vs. Elizabeth M. Cramer, individually 741 Broad Street Chambersburg, PA 17201 Civil No. 2010-3925 Now, June 17', 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. ~'~G_ or ~umueriand County, PA Affidavit of Service Now, 7 - g' , 20~, at /(~ % o'clock ~M, served the within C p /y A lcc ~~vT i U C(C~ upon ling r ~~n~ ~ ~' ~ c~4..~t okT/'~ at 7z// r~ ,l ~~ hpr'____S ~r,~ Poi I7 f by handing to ~ I'ct/tie t ~ ~~~ r ~(nTP~ 1 a C ~ d` I , -T r ~~ copy of the original~~;~~ and made known to }; ;~ r_ I`c1M,, ~` ~ ~~~1~ ~e~1 the contents thereof. So answers, Sworn subscribed me N day of e r --ti heri of COSTS SERVICE ~b MILEAGE AFFIDAVIT County, PA RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2011 r PERINI SERVICES/ IN THE COURT OF COMMON PLEAS OF SOUTH HAMPTON MANOR, L.P.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2010-3925 CIVIL TERM GRETCHEN E. DESHONG and ELIZABETH M. CRAMER, AGENT FOR GRETCHEN E. c d DESHONG and INDIVIDUALLY, rn,O c -ti Defendant ? rn -,?a ti ter,, r-z N qD 1 © ? C-) . bb a o PRAECIPE TO ENTER DEFAULT JUDGMENT n i o PURSUANT TO Pa.R.C.P. 1037 ati TO THE PROTHONOTARY: -c Please enter judgment in favor of the Plaintiff, Perini Services/ South Hampton Manor, L.P. and against the Defendants, Elizabeth M. Cramer, Individually and as attorney-in-fact for Gretchen E. Deshong, for failure to file an answer to the Complaint of Plaintiff. True and correct copies of the Notices of Default are appended hereto as Exhibit "A." True and correct copies of the Certificates of Mailing for the Notices of Default are appended hereto as Exhibit "B." I certify that the Notice of Default was given in accordance with Pa.R.C.P. 237.1. Plaintiff requests judgment in the amount of $6,694.78 as set forth in the Complaint together with attorney fees of $1,193.25 for a total of $7,888.03. Respectfully submitted, BARKS HERER G David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 '7 GL'4 /733'1 H04'C 5 tea: 11-d f PERINI SERVICES/ IN THE COURT OF COMMON PLEAS OF SOUTH HAMPTON MANOR, L.P.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. GRETCHEN E. DESHONG and ELIZABETH M. CRAMER, AGENT FOR GRETCHEN E. DESHONG and INDIVIDUALLY, Defendant TO: Elizabeth M. Cramer, Individually 741 Broad Street Chambersburg, Pennsylvania 17201 Date of Notice: December 8, 2010 NO. 2010-3925 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 bQ? SCHERE David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 EXHIBIT "A" PERINI SERVICES/ IN THE COURT OF COMMON PLEAS OF SOUTH HAMPTON MANOR, L.P.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v• NO. 2010-3925 CIVIL TERM GRETCHEN E. DESHONG and ELIZABETH M. CRAMER, AGENT FOR GRETCHEN E. DESHONG and INDIVIDUALLY, Defendant TO: Elizabeth M. Cramer as attorney-in-fact for Gretchen E. Deshong 741 Broad Street Chambersburg, Pennsylvania 17201 Date of Notice: December 8, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BARIC SCHERE David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 (717) 249-6873 R ' Gnrgtica% Of Mailing ThwCedIDrete OfMaling provides evidence-Uetmdl has been presented to USPS® for meting. This form` syba.tesd for tl=.O.and irtanistional met. :From: rlP., rDOA% C3 m l? S*.e " Carl isle, 7, fR MIS To: til iZab h ?ri . Cramer, T?dlvlju Ma 141 Broad Shd? ? NF--a o.t.. CIOt «aD °'Ln iol a rn m PS Farm 3817, April 2007 P5N 7530-02-000-9065 l?11iimSAl7ES Certificate -Of Mailing Thls dl6cete of McLrg prooidas'vltlenca Diet mdrnes been presented to uSPSO for meting. This %oe%n vy be used for domestic endinfemd'arml'ni... ?„ sss a a From rirr Scher c o m J9_ I??Sou?h Sfir>;vk a Carltslti, 1'R 11013 T°. ?,l??zab h (Y1. Cra rw n ?rn?u i fit?-for Errr?r,???, ?. D>;sl?an N? ?-??ty // /t R 1 Br W (?Jt (tea ,a00N??^CI CIO r ao -C-n A -t -wm to m 0 m PS Form 3817. ADN 2007 PSN 7530-67-nnn.ant:s EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on December 21, 2010, I, David A. Baric, Esquire, of Baric Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant To Pa.R.C.P. 1037, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Elizabeth M. Cramer Elizabeth M. Cramer Individually as attorney-in-fact for Gretchen E. Deshong 741 Broad Street 741 Broad Street Chambersburg, Pennsylvania 17201 Chambersburg, Pennsylvania 17201 David A. Baric, Esquire PERINI SERVICES/ : SOUTH HAMPTON MANOR, L.P. Plaintiff V. GRETCHEN E. DESHONG and ELIZABETH M. CRAMER, AGENT FOR GRETCHEN E. DESHONG and INDIVIDUALLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3925 CIVIL TERM NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 TO: Elizabeth M. Cramer Individually 741 Broad Street Chambersburg, Pennsylvania 17201 Notice is hereby given to you of entry of a judgment against you in the above matter. t? Prothon tary Date:- PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P. Plaintiff V. GRETCHEN E. DESHONG and ELIZABETH M. CRAMER, AGENT FOR GRETCHEN E. DESHONG and INDIVIDUALLY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-3925 CIVIL TERM NOTICE OF JUDGMENT PURSUANT TO :Pa.R.C.P. 236 TO: Elizabeth M. Cramer as attorney-in-fact for Gretchen E. Deshong 741 Broad Street Chambersburg, Pennsylvania 17201 Notice is hereby given to you of entry of a judgment against you in the above matter. Prothono Date: 12- Z22'L12 PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P. Plaintiff v. GRETCHEN E. DESHONG and ELIZABETH M. CRAMER, AGENT FOR GRETCHEN E. DESHONG and INDIVIDUALLY, Defendants: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~, ~,~ ~i NO.2010-3925 CIVIL TERM ~,6'-,, ~ ~" ~=° ~ ice`-- ~ =-~ -- ~" -- t -- --F-~ ~ C~ i'a:' j- ~, ~. C~ , z _~ -~ <~ PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the judgment entered in the above-captioned action against the Defendants, Elizabeth M. Cramer, Individually and as agent for Gretchen E. Deshong as satisfied. Respectfully submitted, B C SCHERER LLC David A. Baric, Esquire I.D. # 44853 Date: November 13, 2012 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff .#9~~ ~/ C7f~ /9rf82 ,~~`0~3093 CERTIFICATE OF SERVICE I hereby certify that on November 13, 2012, I, David A. Baric, Esquire of Baric Scherer LLC, did serve a copy of the Praecipe To Satisfy, by first class U.S. mail, postage prepaid, to the parties listed belo~,~, as follows: Elizabeth M. Cramer Individually 741 Broad Street Chambersburg, Pennsylvania 17201 Elizabeth M. Cramer as agent for Gretchen E. Deshong 741 Broad Street Chambersburg, Pennsylvania 17201 I David A. Baric, Esquire