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HomeMy WebLinkAbout10-4190 D-O CE OF THE F%Tri o' Y 2018 JUN 23 PM 2: 23 P IRi ND COUNTY P &NtvXVANA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC., Plaintiff V. No. tO - 4RD Civ iTem CIVIL ACTION - LAW FOX SUBACUTE AT MECHANICSBURG, LLC., : 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 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 O $Qa. oo P Q am/ C? 1131 & AggIla NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. LS A- 7-6?? Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC., : No. Plaintiff V. CIVIL ACTION - LAW FOX SUBACUTE AT MECHANICSBURG, LLC., : Defendant COMPLAINT AND NOW, comes Plaintiff, Nationwide Medical Staffing, Inc., by and through its attorney, Sean M. Shultz, Esquire, to file a Complaint, in support of which the following statements are made: 1. Plaintiff is Nationwide Medical Staffing, Inc., a Pennsylvania corporation, with a business office located at 5000 Lenker Street, Mechanicsburg, Pennsylvania 17050. 2. Defendant is Fox Subacute at Mechanicsburg, LLC., a Pennsylvania limited liability company, with its principal business office located at 120 S. Filbert Street, Mechanicsburg, Pennsylvania 17055. 3. By a Services Agreement dated October 20, 2009, Plaintiff agreed to provide qualified RNs, LPN's, CNA's, PT/OT/ST, PTA/COTA Technicians and allied healthcare professionals to Defendant for temporary staffing of Defendant's facility. Said Agreement is attached as Exhibit "A" and made a part hereof. 4. The Services Agreement stated that Defendant would pay compensation to Plaintiff for Plaintiff's services in accordance with exhibit A attached to the Services Agreement (Exhibit "A" herein). 5. The total amount owed to Plaintiff by Defendant is Fifty-Four Thousand Four Hundred Forty-Six Dollars and Seventy-Five Cents ($54,446.75). A Statement dated June 1, 2010, is attached hereto as Exhibit "B" and made a part hereof. 6. On March 8, 2010, Plaintiff mailed a letter to Defendant requesting payment. Said letter is attached hereto as Exhibit "C" and made a part hereof. 7. On April 8, 2010, a letter requesting payment was mailed to Defendant from Plaintiff's attorney, Karynn S. Foester, Esquire. Said letter is attached hereto as Exhibit "D" and made a part hereof. 8. Defendant has failed to make any payments toward the amount owed. 9. Pursuant to Paragraph 2.3(b) of Exhibit "A" herein, any attorney fees, court costs, or other costs incurred in collection of delinquent accounts shall be paid by Defendant. WHEREFORE, the Plaintiff demands judgment in his favor and against Defendant for $54,446.75, plus filing costs, court costs, attorney's fees, and such other costs as the Court deems appropriate. Respectfully submitted, LAjY_,OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC., No. Plaintiff V. CIVIL ACTION LAW FOX SUBACUTE AT MECHANICSBURG, LLC.,: Defendant VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. National Medical Staffing, Inc. Date: 0010 By: Pramod Srivastava, President Exhibit "A" Nationwide Medical Staffing, Inc. SERVICES AGREEMENT This agreement to provide professional services of supplemental healthcare personnel (the "Agreement"), effective 20th day of October, 2009 by and between Fox Subacute at Mechanicsburg, LLC with its principal place of business at 120 S. Filbert Street, Mechanicsburg, PA 17055 (hereinafter "Client"), and Nationwide Medical Staffing, Inc. (NMS) a Pennsylvania corporation, with its principal office at 5000 Lenker Street, Mechanicsburg, PA. 17050 (hereinafter "Professional Service Provider"). WHEREAS, Client finds that the Company is willing to perform certain work hereinafter described in accordance with the provisions of this Agreement; and WHEREAS, Client finds that the Company is qualified to provide supplemental healthcare personnel 10 work, all relevant factors considered, and that such performance will be in furtherance of Client's business. NOW, THEREFORE, in consideration of the mutual covenants set forth herein and intending to be legally bound, the parties hereto agree as follows: 1. Services to Client The company shall provide the following ("Services") to Client: Upon request of the CLIENT, shall provide qualified RNs, LPN's, CNA's, PT/OT/ST, PTA/COTA Technicians and allied healthcare professional to CLIENT for temporary staffing of Client's facility. NMS shall screen all personnel before making placement in order to determine the qualifications and competence of said personnel. It is contemplated by the parties that there will be occasion where CLIENT desires NMS personnel for a specific assignment for a predetermined time period. In such instances CLIENT shall notify NMS of its need for NMS personnel for a specific assignment and the length of the predetermined time period. If NMS personnel commence the assignment pursuant to said notification, CLIENT shall be responsible for paying NMS the rates set forth in Exhibit A, for the entire predetermined time period The parties hereto agree that CLIENT is not obligated to use NMS exclusively. The parties further agree that NMS duty to fill assignments is subject to the availability of qualified personnel. Except as otherwise provided herein, neither the failure of NMS to provide personnel nor the failure of CLIENT to apply to NMS to fill its healthcare personnel needs constitutes breech of this agreement 2. Payment and Invoicing terms 2.1. Payment for Services. The Client will pay as follows: Please see EXHIBT" A" Nationwide Medical Staffing, Inc. NOTE: NOTE: Billing Rates are negotiable at any time as well as subject to an increase after 1 year with the approval of President, CEO, Director of Administrator, Director of Nursing, etc. 2.2 Cancellation Polic /Reimbursable Costs CLIENT will be obligated for notification of any cancelled shifts /assignments for the period of requested shift/hours. For cancellation of shifts in less than 2 hours notice by CLIENT will result in 4 hours of service charge. All extraordinary travel expenses must receive Client's approval 2.3 Invoicing. Invoices will submitted monthly by the NMS for payment by Client. NMS shall submit to CLIENT weekly invoice for the services provided as set herein. Invoices shall indicate the name of the personnel assigned to CLIENT, the rate per hour and unit worked, number of hours worked during the previous Saturday through Friday billing period. a. Client agrees to terms of net upon receipt, and understands that unpaid accounts will be considered in default after sixty (60) days, after which a default charge will be imposed at 1.5% per month on unpaid balances b. A finance charge of 1.5% per month on the unpaid amount of an invoice, or the maximum amount allowed by law, will be charged on past due accounts. Payments by Client will thereafter be applied first to accrued interest and then to the principal unpaid balance. Any attorney fees, court costs, or other costs incurred in collection of delinquent accounts shall be paid by Client. If payment of invoices is not current, the Company may suspend performing further work. 2.4 CHANGES This agreement and the provisions hereof, may be altered, amended, modified or superceded only in writing executed by both the parties. Client may, with the approval of the Company, issue written directions within the general scope of any Services to be ordered. Such changes (the "Change Order") may be for additional work or the Company may be directed to change the direction of the work covered by the Task Order, but no change will be allowed unless agreed to by the Company in writing. 3. Standard of Care NMS shall maintain the CLIENT requested of documentation for each personnel provided to the CLIENT and shall make such documentation available for review upon request. 2 Nationwide Medical Staffing, Inc. Not withstanding any other provisions in this agreement, both parties remain responsible for: a. Ensuring that any services provided pursuant to this agreement complies with all provisions of Federal, State, and Local statutes, rules and regulations; b. Ensuring the quality of all services provided by the parties; and c. Ensuring adherence by NMS staff to the policies and procedures of CLIENT. NMS warrants that its services shall be performed by personnel possessing competency consistent with applicable healthcare standards. No other representation, express or implied, and no warranty or guarantee are included or intended in this Agreement, or in any report, opinion, deliverable, work product, document or otherwise. 4. Insurance Liability Nationwide Medical Staffing, Inc. (NMS) shall maintain at its expense General Liability Insurance, Professional Liability Insurance and Worker's Compensation Insurance 5. Terms and Termination 5.1. This agreement shall extend for a period of one year from the date set forth above, unless sooner terminated as provided herein, and will renew automatically for consecutive one year terms unless either party provides notice of its intent to terminate the agreement not less than 30 days from the expiration. Either party may terminate this agreement at any time without liability or cause by giving 30 days written notice to the other party. Termination shall have no effect upon any rights accrued or liabilities incurred for the assignment of a NMS personnel for a predetermined time period prior to the termination of this agreement. 5.2. Rights to dismiss as "CLIENT" have the overall responsibility for the health, welfare, and safety of patients, it may immediately require the removal from assignment of any NMS personnel for any reason or whose conduct, health or work with patients and/or personnel is not in accordance with CLIENT standards. NMS shall replace said personnel with personnel acceptable to CLIENT for the remainder of the predetermined tinno period (if zany) in the event NMS is unable to replace the personnel for the remainder of the predetermined tirne period, CLIENT'S obligation to compensate NMS shall be limited to the hours actually worked by such personnel at the rates set forth in Exhibit .,A., 6. Hiring of NMS Personnel by the CLIENTS CLIENT agrees that utilization of any NMS personnel by CLIENT shall only be through NMS. CLIENT will pay NMS a finder's fee of 20% of gross annual income or $10,000 for 3 Nationwide Medical Staffing, Inc. RN/PT/OT/ST/Pharmacist, $7,000 for LPN/PTA/COTA/X-Ray Technicians or any other Technicians placed or referred by NMS; $5000 for others whichever is higher. The finder's fee is earned when MINIS personnel is hired by CLIENT as an employee, consultant, independent contractor, full time, part time, per diem or other arrangement, directly or indirectly, through discovery and disclosure to CLIENT. The fee is also earned if CLIENT refers NMS personnel to another employer who hires NMS personnel, or NMS personnel was referred to CLIENT by another search firm, but was first referred to CLIENT by NMS. Fees are earned when the candidate reports for work. CLIENT must confirm in writing with NMS before hiring NMS personnel. NMS personnel holding H1 B visa or Green Card sponsored by NMS are not available to be hired by CLIENT due to contractual obligations and visa sponsorship between NMS and NMS personnel. 7. Non-Discrimination Neither party shall unlawfully discriminate against employees or patients on the basis of Race, National Origin, Gender, Age, Creed, Religion, Marital Status, Sexual Orientation, Veteran Status, or Disability 8. Confidentiality NMS agrees to maintain strict confidentiality concerning CLIENT's confidential information, including but not limited to all patient care, patient data and other information, as well as all business planning, financial information, trade secrets other proprietary information, written or oral, acquired, shared, provided or developed under this agreement (the confidential information), and will not use, disclose or allow access to such confidential information by any other person or organization, other than those who have a need to know of the information in order to perform their obligation under this agreement, without the CLIENT's prior written consent. The foregoing obligations regarding confidential information do not apply to information which is: (a) known to the recipient, at the time of its disclosure; (b) in the public domain at the time of disclosure to recipient; or subsequently thereafter becomes part of the public domain without the fault of recipient; or (c) acquired by recipient from a third party having no obligation of confidentiality with respect to such information. Upon request by CLIENT at any time, NMS will promptly return to CLIENT the original all copies of all non oral confidential information furnished by CLIENT if any. NMS will, upon request of CLIENT, certify its compliance with this paragraph. In the event that NMS receives a request for confidential information from a court or governmental authority, or academic accrediting agency, NMS shall give prompt written notice to CLIENT prior to any such disclosure, in order to allow CLIENT the opportunity to seek the appropriate protective order to protect the confidential information. Any NOTICES, PAYMENTS, etc. required or authorized under this agreement shall be in writing and shall deemed given when sent by United States Mail, certified and returned receipt requested, addressed as follows: Nationwide Medical Staffing Inc. 4400 Lin lestown Road Suite #107 Harrisbur Pa 4 Nationwide Medical Staffing, Inc. 9. CLIENT Rules and Regulations The NMS personnel assigned to "Client" shall comply with all provisions of the law under which they are certified, with all regulations promulgated there under; and with all policies adopted by CLIENT". 10. Indemnification Each party to this agreement agrees to indemnify and hold harmless the other party, including its parent, directors, officers, agents, and employees, from all claims, suits, damages, judgments and demands to the extent arising from the indemnifying party's negligent and/or wrongful acts and omissions in the performance of the duties prescribed in this agreement. Each party shall give the other party immediate written notice of any claim, suit or demand, which may be subject to this provision. This provision shall survive the termination of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers as of the date and year first written above. Both parties agree to the exclusive jurisdiction of Dauphin County Courts of Common Pleas, Pennsylvania in any action or proceeding pursuant to this agreement. Nationwide Medical Staffinct Inc :CLIENT: ate& By: Pramod Srivastava President & CFO Signature: lkt Date: l © ?v 21 0 ---- -- - Signature Print Name: J (}SL ?(! H f'?2i2?? Title: Date: D o2 D 5 Nationwide Medical Staffing, Inc. "Exhibit A" Job Classification Weekday,Rate Weekend Rate Monday to Friday Friday to Monday 7 a.m. to 11 p.m. 11 p.m. to 7 a.m. H HA 13.00 N/A CNA 20.50 NIA LPN 38.00 N/A RN 49.00 N/A (ACLS/Teie/Specialty/Dialysis/ O.R./Critical Care/Charge/Supervisor RN (Specialty) 80.00 N/A (CRNA/CNPIPNP/GNP/NNP/PMHNP/PA) PT/OT/ST/RT 49.00 NIA PTA/COTA/RTA 42.00 N/A Special Rates: If agreed "Client' wilt pay one apq half times for hourp over 4_0 hours In an y ^ singie week or Following holiday* will be paid one and half times the regular rate: New Years Day, Thanks Giving, Easter, Memorial Day, Independence Day, Labor Day, Christmas Day.. NOTE: Billing Rates are negotiable at any time as well as subject to an Increase after 1 year with the approval of President, CEO, Director of Administrator, Director of Nursing, ate. CLIENT: V Gt1t s±t ?1?+f?r"lsl?+?rm. Signature: ??. ?^»1 Date: f ty `" o r 01 6 Exhibit "B" Nationwide Medical Staffing, Inc 5000 Lenker Street Mechanicsburg, PA 17050 To: Fox Subacute at Mechanicsburg 120 S. Filbert St. Mechanicsburg,PA 17055 Statement Date 6/1/2010 Amount Due Amount Enc. $54,446.75 Date Transaction Amount Balance 05/0172010 Bala c f d 06/01/2010 n e orwar INV #FC 60. Due 06/01/2010. Finance Charge 772.27 53,674.48 54,446.75 1-30 DAYS PAST 31 CURRENT DUE -60 DAYS PAST DUE 61-90 DAYS PAST DUE OVER 90 DAYS PAST DUE Amount Due 772.27 5,184.01 7,535.88 19,263.17 21,691.42 $54,446.75 Exhibit "C" "Trust Us to Care" March 8, 2010 clo: Mr. Waiter ©unsmors, CFO 2644 Bristol Road Warrington, PA 18876 Mr. Joseph Murray, NHA, Fox Sub-Acute at Mechanicsburg 120 S. Filbert Street, Mechanicsburg, PA 17055 Ref: Unpaid Invoices Dear Mr. Joseph Murray, NHA, As of date we have not received payment on delinquent Invoices submitted by NMS, Inc.'s for services since we started scheduling at your facility. We have till date unpaid Invoices listed below: 11104109 Inv. # 1802 - $5,204.50 (delinquent) 12/09109, Inv. #1632- $16,678.83 (delinquent) 01111/2011), Inv. #1648 - $17,761.21 0210912010 Inv. # 1667- $285.31 01/181201o Inv# 101- Agreed buy -out Fee for RN- Cecelia Maduka 2/1712010 Inv. # 1880- $588.00 NMS, Inc. has contacted several people at FOX Sub-Acute including the CEO, James Foulke and Walter Cunsmore, CFO, to my amaze we have not yet received any response or a reply to resolve this issue . We assume that failure to pay theses open Rem was an oversight, since no urgent iatuetl has bow g to our attention and hopefully this will bring a prompt response, but because of the deli brought oversight of unpaid amount, finance charges has accrued threw rW?t status and resolved, Shout the many months of trying to get this !seas According to contract with Fox Sub-Acute at Mechanicsburg: 2.3 Mme. lmrok ss Will submitted mQnthIY by the NMS for paymeM by Client. NUB shall submit to CLIENT services pmvded as set herein. Invokes shsli Indicate the name of the personnel DIY invoice for the b period. end unit worked, number of hours worked during the previous Y through Frid the rats per hour mMorsd ay WlUrrp period. Client agrees to terns of not upon receipt, and undsrstsnds that unpaid acoowrta wIli be con@kW d in default alter abcty (00) days, ~ which a default chtrae w#1 be imposed at 1.6% per month on unpaid baprn m A ftnarrce charge of 1.6% per month on tto unpaid smount of an Irrv?olca, or tl» mruc?rurrn smsrunt spewed by law. will be charysd on past due acta?nts. Payrnerrrb by Ciflnt will tdaresfbsr bit eyopiied first tD accrued inlsrest and then to the prdndpai turpakd balance Any attorray has, court casts, or other coals tncuned in coldectxon of detMgtrent ar count aha" P? by Cller#. ff payment of fmrotcee is not currant. tea Company may su4persd Wrformintt further work, I'm sure we agree that a good reputation is essential to a prospering business, However the ongoing oversight of unpaid invoices dons not support your good reputation, thereibre Nationwide Medical Staffing Inc. has requested full payment to be received within fifteen days (15) of this letter. If the outstanding amount is not raoeived within the fifteen 0 5) days our Collection Department will take legal actions. We certainty hope it doesn't get to that point, so we would appreciate your attention In this matter and a prompt payment. If you have any questions please feel free to contact NMS, Inc. Respectfully Ms. Carolyn Bennett, Director of Operations, Cc: Mr. James Foulke, CEO Mr. Walter Dunsmore, CFO Mr. Pramod Srivastava, PresldeM & CEO Accounts PaYable/Receivable / Collection Department W L: 717-214-6$t!0 Fax: # 17-737-Q9ep -,E mail: nmsonrm-ps.com, Web: www.nt •pe.c Exhibit "D" Welch Gold Szegel, PC. Attorneys at Law April 8, 2010 Fox Subacute at Mechanicsburg 120 S. Filbert Street Mechanicsburg, PA 17055 RE: Nationwide Medical Staffing, Inc. Amount Due: $53,011.91 plus interest Our Intake No.: 476105 Dear Sir/Madam: Please be advised that this office has been recently contacted by Pramod Srivastava of Nationwide Medical Staffing, Inc, in order to request that you pay the above sum of money you currently owe. Please send the full amount due to Nationwide Medical Staffing, Inc. at the address listed above. If you do not dispute the validity of this debt If you disput or any portion of it within ut days 30 after receipt of this letter, the debt will be assumed to be valid. e the validity of this debt or any portion of it in writing within the 30 day period, we will obtain verification of the debt or a copy of the judgment against you and we will mail you a copy of said verification or judgment. Upon your written request within the thirty-day period, we will provide you with the name and address of the original creditor, if different from the current creditor. If you fail to act in accordance with any of the above, I will advise Pramod Srivastava of Nationwide Medical Staffing, Inc. of the legal remedies which can be pursued in order to collect the amount due. I trust you will respond accordingly. Very truly yours, WELCH, GOLD & SIEGEL, P.C. F KSF/sj OESTER, ESQUIRE cc: Nationwide Medical Staffing, Inc, Attention: Pramod Srivastava, CEO 5000 Lenker Street Mechanicsburg, PA 17050 1240 Lawyers Building Welch, Gold & Siegel, P.C. FEDERALLY REQUIRED NOTICE: THIS IS AN ATTEMPT TO COLLECT Pittsburgh, PA 15219 428 Forbes Avenue A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR T1 91S Telephone; 1-800.375.3089 PURPOSE. Telephone: (412) 391.7339 Fax: (412)391.8232 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC., No. Plaintiff V. FOX SUBACUTE AT MECHANICSBURG, LLC., : Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this 2. ceAj (dday of (J 2010, causing a copy of the Complaint to be served upon the following person in the manner indicated: By First Class United States Mail, postage pre-paid on: Fox Subacute at Mechanicsburg, LLC 120 S. Filbert Street Mechanicsburg, Pennsylvania 17055 Defendant Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC., No. 10-4190 Civil Term Plaintiff v. CIVIL ACTION -LAW FOX SUBACUTE AT MECHANICSBURG, LLC., Defendant AFFIDAVIT OF SERVICE I, Kevin Preston, being duly sworn according to law depose and say that I served the Complaint filed on June 23, 2010, in the above-captioned matter on ~ ~ ~~~ of Fox Subacute at Mechanicsburg, LLC, at 120 South Filbert Street, ~'° y~~ LLfh Mechanicsburg, Pennsylvania at o'clock, .m. on the ,.„U`day of July ~-----~ Kevi re~_ ~~~ Sworn and subscribed before me this day of July, 2010. _ c a ';-' ~~~ -c, tr, cr ~ 0 r' `' ~ ~,~c~ CO MONWEALTH OF PENNSYLVANIA ~=:.' ~ ,..~ ,a., Notarial Seal ~= ` -_1 ~ -• Dolly M. Hodtenbe-ry, NotaryPublic - - ! - Niddesex T Uurrberland Caurtiy -~ c : ~ ;~-; ~'' My Commission E~ires Sept 24, X10 -~-9 ==r Member, Pennsylvania Association of Notaries --i ^'-"..~~ ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC. NO. 10-4190 CIVIL TERM Plaintiff V' na ~~ C"~ ~~ t FOX SUBACUTE AT =- :T-~- -=-' MECHANICSBURG, LLC ATTY ID N0.23201 ~~ ~ -_ e Defendant c ~. = ~ _r.. ENTRY OF APPEARANCE ~ -- ~ ~'. 'wi ~ C,, . ':1 .,,. j TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned for the Defendant in the above captioned matter. .~~ WALTER B. DUNSMORE, ESQ. Attorney ID No. 23201 251 Stenton Avenue Plymouth Meeting, PA 19462 (610)862-0630 (610) 828-1975 fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC. NO. 10-4190 CIVIL TERM _ Plaintiff t_ a `~ -- ~ .7 V. u ~- '' ~-= FOX SUBACUTE AT ~', MECHANICSBURG, LLC ATTY ID N0.23201 -o ~.- Defendant ~~' 3 ~ ~~~ DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT -=~ ~' E:, - COMES NOW, the Defendant, by and through its undersigned counsel, and respectfully answers the Plaintiff s complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. The agreement speaks for itself. 5. Denied. It is expressly denied that Defendant is indebted to Plaintiff in the amount set forth herein. Strict proof of the within averment is demanded. 6. Denied. Defendant is without information or knowledge sufficient to forma belief s to the truth or falsity of the within averment and the same is therefore denied. 7. Denied. Defendant is without information or knowledge sufficient to forma belief s to the truth or falsity of the within averment and the same is therefore denied. 8. Denied. Defendant denies that it owes the Plaintiff the amount set forth in the complaint. 9. Denied. The agreement speaks for itself. WHEREFORE, Defendant requests that this Honorable Court dismiss the Complaint against it. Res c to B. unsmore, ------ 251 Stenton Avenue Plymouth Meeting, PA 19462 (610) 862-0630 (610) 862-1975 fax T IL-E Q-O F ICE 7 AU -8 PM 3: ? 6 IN THE COURT OF COMMON PLEAS ffl gEL L, ii j CUMBERLAND COUNTY, PENNSYLVANIM N N9, `y'' LVA' I A. NATIONWIDE MEDICAL STAFFING, INC., No.10-4190 Civil Term Plaintiff V. CIVIL ACTION - LAW FOX SUBACUTE AT MECHANICSBURG, LLC, Defendant MOTION FOR CONTINUANCE And now, this 8`h day of August, comes Nationwide Medical Staffing, Inc., Plaintiff, and respectfully represents the following: 1. Plaintiff is Nationwide Medical Staffing, Inc., a Pennsylvania corporation, with a business office located at 5000 Lenker Street, Mechanicsburg, Pennsylvania 17050. 2. Defendant is Fox Subacute at Mechanicsburg, LLC, a Pennsylvania limited liability company, with its principal business office located at 120 S. Filbert Street, Mechanicsburg, Pennsylvania 17055. 3. A non-jury trial is scheduled for August 12, 2011, at 8:45 a.m. 5. Plaintiff's attorney, Sean M. Shultz, Esquire, will be unable to attend due to the funeral of his grandmother. 6. Walter B. Dunsmore, Esquire, attorney for the Defendant, concurs with the request for continuance. 7. The Honorable Albert H. Masland has been assigned to this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court continue the non-jury trial scheduled for August 12, 2011, at 8:45 a.m. Respectfully submitted, Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff LAW OFFICE OF SEAN M. SHULTZ, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL, STAFFING, INC., Plaintiff V. FOX SUBACUTE AT MECHANICSBURG, LLC, Defendant VERIFICATION No.10-4190 Civil Term CIVIL ACTION - LAW I VERIFY that the statements set forth in the attached Motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: August 8, 2011 Z/1 M. Shultz IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL, STAFFING, INC., No. 10-4190 Civil Term Plaintiff V. CIVIL ACTION - LAW FOX SUBACUTE AT MECHANICSBURG, LLC, Defendant CERTIFICATE OF SERVICE AND NOW, this 8th day of August, 2011, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Motion for Continuance by first class, United States Mail, postage pre-paid, addressed as follows: Walter B. Dunsmore, Esquire 251 Stenton Avenue Plymouth Meeting, Pennsylvania 19462 Attorney for Defendant Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquiri" Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC., Plaintiff V. FOX SUBACUTE AT MECHANICSBURG, LLC, Defendant No.10-4190 Civil Term c-) ,,,, czn tTl C rn - CIVIL ACTION - LAWN- `gym -< o tai' _j7 -, cri ORDER AND NOW, this day of August, 2011, upon consideration of the within Motion, it is hereby ORDERED and DECREED that the non-jury trial scheduled in the above-captioned matter for August 12, 2011, at 8:45 a.m. is continued to .?1 , 2011, at ?: `f5 Ck .m., in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, cc: Sean M. Shultz, Esquire Walter B. Dunsmore, Esquire s NATIONWIDE MEDICAL STAFFING, INC., PLAINTIFF V. FOX SUBACUTE AT MECHANICSBURG, LLC, DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-4190 CIVIL TERM ORDER OF COURT day of August, 2011, the civil non-jury trial currently scheduled for October 21, 2011, is cancelled and rescheduled to commence at 8:45 a.m., Tuesday, November 1, 2011, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, Albert H. Masland, J. /Sean M. Shultz, Esquire 4 Irvine Row Carlisle, PA 17013 For Plaintiff Walter B. Dunsmore, Esquire 251 Stenton Avenue I d? Plymouth Meeting, PA 19462 For Defendant Court Administrator saa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC., Plaintiff V. FOX SUBACUTE AT MECHANICSBURG, LLC, Defendant No. 10-4190 Civil Terntn r` CIVIL ACTION - LAW-,- ;w MOTION FOR CONTINUANCE Fes, s? c? c.o i.-7 -?t j And now, this 31' day of October, comes Nationwide Medical Staffing, Inc., Plaintiff, and respectfully represents the following: 1. Plaintiff is Nationwide Medical Staffing, Inc., a Pennsylvania corporation, with a business office located at 5000 Lenker Street, Mechanicsburg, Pennsylvania 17050. 2. Defendant is Fox Subacute at Mechanicsburg, LLC, a Pennsylvania limited liability company, with its principal business office located at 120 S. Filbert Street, Mechanicsburg, Pennsylvania 17055. 3. A non jury trial is scheduled for November 1, 2011, at 8:45 a.m. 4. The parties have come to an agreement to settle this matter. 5. Plaintiff's attorney, Sean M. Shultz, Esquire, requests that the trial be continued generally pending execution of the settlement documents. 6. Walter B. Dunsmore, Esquire, attorney for the Defendant, concurs with the request for a general continuance. 7. The Honorable Albert H. Masland has been assigned to this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court generally continue the non jury trial scheduled for November 1, 2011, at 8:45 a.m. Respectfully submitted, LAW OFFICE OF SEAN M. SHULTZ, P.C. C- X?- Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC., No. 10-4190 Civil Term Plaintiff V. CIVIL ACTION - LAW FOX SUBACUTE AT MECHANICSBURG, LLC, Defendant CERTIFICATE OF SERVICE AND NOW, this day of October, 2011, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Motion for Continuance by first class, United States Mail, postage pre-paid, addressed as follows: Walter B. Dunsmore, Esquire 251 Stenton Avenue Plymouth Meeting, Pennsylvania 19462 Attorney for Defendant Respectfully submitted, LAW_QfFTCE OF SEAN M. SHULTZ, P.C. Sean M. Shultz, Esquire Attorney ID No. 90946 4 Irvine Row Carlisle, Pennsylvania 17013 (717) 701-8412 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONWIDE MEDICAL STAFFING, INC., No.10-4190 Civil Term Plaintiff V. CIVIL ACTION - LAW FOX SUBACUTE AT MECHANICSBURG, LLC, Defendant VERIFICATION I VERIFY that the statements set forth in the attached Motion are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: October 31, 2011 Sean M. Shultz OwII Trothonotag Ofoffice +h./�~ytOh?y�/ - �f� -/ �� County, - /' - --/''—'-- -`rk-.--`-~`- Solicitor ~~ co() CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TN DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PARI.P.Z3O2. BY THE COURT, DAVID D. BUELL One Courthouse Square Suite100 e Carliste, T.,4 Phone 717 240-6195 e Eoc717 240-6573