Loading...
HomeMy WebLinkAbout11-0267ALMA HEALTH LLC d/b/a, MEDSTAFFERS, a Pennsylvania Corporation, Plaintiff v. FOX SUBACUTE MANAGEMENT, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW N0.2011 - a.~o ~ CIVIL TERM NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 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 1-800-990-9108 c~~~(o s51 R-~ a.~ ~ ~' ~ _~ rn c,. -s; n ~ ~~ cV; ,x> ~ ..~ ..,~ y~- cAa --, , ,'? AMERICANS WITH DISABILITIES Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 ALMA HEALTH LLC d/b/a, MEDSTAFFERS, a Pennsylvania Corporation, Plaintiff . v. FOX SUBACUTE MANAGEMENT, INC., Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW N0.2011 - ~ `~ CIVIL TERM COMPLAINT AND NOW comes the Plaintiff, ALMA HEALTH LLC d/b/a MEDSTAFFERS, a Pennsylvania Corporation, by and through their attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the Defendant, FOX SUBACUTE MANAGEMENT, INC., as follows: 1. The Plaintiff is Alma Health Care LLC d/b/a Medstaffers, a Pennsylvania Corporation with an address of 17 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Fox SubAcute Management, Inc. with an address 120 South Filbert Street, Mechanicburg, Cumberland County, Pennsylvania 17055. 3 The parties entered a contract for services dated August 26, 2008, a copy of which is attached hereto and marked as Exhibit "A". 3 4. To date, the Defendants have incurred unpaid services with the Plaintiff in the amount of Twenty Three Thousand Eight Hundred Fifty Three and 74/100 ($23,853.74) Dollars. Copies of invoices are attached hereto and marked as Exhibit "B". 5. The Plaintiff has made numerous demands for payment to which no payments have been made. 6. In addition to the amount owed for staffing services, the Defendants owe interest on the unpaid invoices or invoices which have been paid late as well as reasonable legal fees in the amount of $4,500.00. WHEREFORE, the Plaintiff demands judgment against the Defendants in the amount of $23,853.74 plus reasonable legal fees in the amount of $4,500.00, costs and interest as permitted by law. Respectfully submitted, IRWIN & McKNIGHT, ~C. ~ /~,r ~ , By: Marcus . Mc , Esq Supreme Co .D. #: 25476 60 West Po et Street Carlisle, PA 3 (717) 249-2353 Date: January 11, 2011 Attorney for the Plaintiff 4 DEC/10/2010/FRI 11;23 AM o~~~~~ ~' . 1 Z P~ t'1~s5 ~~'~~` FACILITY STAF FAX No, r~ THIS AGREEMENT, made and entered into thisG~~ day of ~. 002 S ~% 2008, by and between ALMA {-IEALTH LLC D/B/Al MEDSTAFFERS., a Pennsy nia corporation (hereinafter nferre~ to aS M~~STAFFERS) i d ,its successors or assigns (hereinafter referred to as °FACILIN"). WHEREAS, the FACILITY requires nursing personnel (hereinafter referred to as °PERSONNEL") to work various shifts in and for said FACILITY; and WHEREAS, FACILITY desires that MEDSTAFFERS provide the required nursing personnel; and WHEREAS, MEDSTAFFERS desires to supply to FACILITY with the required nursing personnel, subject to the availability of such Personnel by MEDSra~eRS; and WHeReAS, MEDSTnFFERS has or wil[ recruit all necessary Personnel in an effort to meet the nursing personnel needs of the FACILITY; and Now, THEREFORE, the parties agree as follows: 1. APPLICABLE DEFINITIONS PERSONNEL -shall be defined as Registered Nurses (RN), Licensed Practical Nurses (LPN), and Certified Nursing Assistance (CNA) acting within the scope of their respective [Icense or cerHflcatlon performing tasks assigned by the FACILITY. FIRM AVAILABILITY -shall be defined as the spedfic personnel needs which FACILITY seeks to have MEDSTAFFERS provide. Said FIRM AVAILABILITY shall be determined by a projected patient census and staffing requirements as determined by the FACILITY. GUARANTEED TIME -shall be defined as a request for PERSONNEL which cannot be canceled for any reason and for which the FACILITY is subject to full billing. Tha FACILITY shall designate which shifts are GUARANTEED TIME. EARLY REQUESTS -shall be defined as requests for PERSONNEL received four (4) to six (6) weeks before the scheduling need. EMERGENCY REQUEST -shall be defined as requests for PERSONNEL FACa.ITY STAFFING AGRE&M~1VT A]noa Health LLC dlb/a Medstaffers. March 2008 Page 1 of 12 DEC/10/2010/FRI 11:23 AM FAX No, P, 003 received less than twenty (24) hours before the scheduling need. SUPPLEMENTAL STAFF -shall be defined as the service provided by MEDSTAFFERS when MED57AFFERS PERSONNEL supplements the existing staffing needs of the FACILITY. FLOATING -shall be defined as the removal or transfer of MrrDSra~FERS PERSONNEL to an assignment other than the original assignment. 2. PROCEDURE TO REQUEST SERVICES a. FACILITY shall notify MEDSTAFFERS, in writing, telephone or via fax, of their PERSONNEL needs. Any such requests shall be deemed a FIRM AVAILABILITY request, b, In the event MlrDS7AFFERS cannot fulfill a PERSONNEL request, provided said request has been placed at least one week in advance of the scheduling need, MEDSTia~FERS shall give FACILITY notice, via telephone andlor fax verification, of MEDSTAFFERS inability to fulfill the FACILITY'S PERSONNEL request. c. In the event FACILITY seeks an EMERGENCY REQUEST, FACILITY shall contact M~DSTAFFERS via telephone as soon as practicable prior to the scheduling need. Within thirty (30) minutes of receipt of FACILITY's EMERGENCY REQUEST, MEDSTAF~ERS shall notify the pre-designated Scheduling Contact at the FACILITY aS MEDSTAFFERS'S ability to fulfill the FACILITY'S EMERGENCY REQUEST. 3, ME STAFPERS'S GENERAL RESPONSIBILITIES a. Upon receipt of a request by FACILITY, MEDSTAFFERS shall assign as many such PERSONNEL as are available for such assignment. b. MEDSTAFFERS does not guarantee at any time that all orders will be filled. c. MEOSraFFeRS will require FIRM AVAILABILITY from FACILITY two (2) to six (fi) weeks In advance. d. Requests for PERSONNEL can be accepted up to twenty six (26) weeks in advance. The earlier the requests are rece~red the easier to fll1 the shifts needed. GUARANTEED TIME is defined as PERSONNEL needs that can not be canceled _FACII.YTY ST~-FFII~IG AGBETMEIVT Alma Health LLC cUb/s Medstaffers. Adarch 2008 Page 2 of 12 DEC/1D/2010/FRI 11:23 AM FAX No, F. OCe for any reason and are subject to full billing except for mutual cancellations. e. EARLY REQUESTS and GUARANTEED REQUESTS will receive top priority. f. MEDSTAFFERS shelf maintain an employee file on each of its PERSONNEL containing minimally the following: (1) a completed application which includes skills, spedalties and preferences (2) documentation of special education or training (3) skills check list for each employee (4) three recent work references (5) TB test and evidence of health status in accordance with state regulations (6) dates hired and oriented (7) performance evaluation (8) copy of current license, registration or certification, as applicable including but not limited to CPR and ACLS certification (9) INS Form I-9 and documenlis establishing identity and work authorization (10) competency verification through NLN testing for RNILPN's with a score of 85°~ or better (11) ~ CNA's will have current NLN proficiency screening (12) current negative drug screen (13) complete background checks Including but not limited to criminal, EPLS and the Office of Inspector General Exclusion Check. (14) OSHA/JCAHO/HIPPA In-service and testing yearly based on state & federal regulations Older Adults Protective Services Act (OAPSA) Medstaffers acknowledges the requirements of the OAPSA, which contain in part the requirements pertaining to reports of criminal history record information, have application in the performance of services under this agreement. Medstaffers certifies that prior to assigning any personnel who have client contact with residents or who may have unsupervised access to personal living quarters, Medstaffers will obtain a report of criminal history record information, OIG exclusion verification, all federal and state hiring Fwc~rrsr 8ra~~nv~ AcMBrrr Alma Heahh LLC d/b/a Medataffers. March 2008 Page 3 0~ 12 DEC/10/2010/FRI 11;23 AM FAX No, F, 005 documentation and other documentation listed above, and provide a copy of such documentation to FACILITY andlor 1=AGILITY'S regulating agencies upon request. Medstaffers will indemnify and hold FACILITY harmless from any and all claims, actions, damages, liabilities, costs and expenses, including reasonable attorney's fees and expenses, arising out of any claim or an actual finding of failing to comply with OAPSA or not having fulfilled the other documentation requirements herein listed. g. MEDSTAFFERS shall take all reasonable efforts to match the stalls and experience levels as provided by its PERSONNEL, as set forth in employment applications, licenses and certifications, to the specific needs of FACILITY, h. PERSONNEL will perform a variety of services within the scope of their license or certification which will continuously change based on the needs set forth by the FACILITY. MEOSna-FFERS wilt recruit PERSONNEL on an ongoing basis and vyill provide qualified PERSONNEL based on the availability at the time of the scheduled need. The placement of qualified PERSONNEL in a FACILITY is up to the discretion of MEDS7AF~~RS and depends on the availability of PERSONNEL. i. MEDSTAFFERS PERSONNEL shall report to its designated supervisor at the FACILITY before she/he begins working. j. M~flsTaFFERS will be available to FACILITY 24 hours a day, seven days a week. k. MEDSTAFFERS shall give FACILITY priority service, that is, FACILITY orders will receive priority over orders of non-contract facilities, however, contract requests will be on a first come first serve basis. I. MEDSTaFFEFts will provide FACILITY's orientation packet to Medstaffers employees, and forward to FACILITY, prior to the first work assignment of employee, signed acknowledgment forms from the employee that he/she has read the information, including FACILITY's code of conduct, and understand it, m. All PERSONNEL assigned to FACILITY pursuant to this agreement shalt, for the purposes of this Agreement, be considered employees of MEOSrAFF~RS. n. MEDSTA~FERS is an independent contractor t0 the FACILITY, o. MEDSTAFFERS IS in compliance with all state and federal laws applicable to the employment of the PERSONNEL assigned to FACILITY. FACII~ITY STAFFII~lG AGaS' Alma Health I.I,C d/b/a Medsl~fcrs~ March 2008 Page 4 of 12 DEC/10/2010/FRI 11;24 AM FAX No, F, 006 p, Me~sraFFERS agrees not to discriminate in the assignment of its PERSONNEL on the basis of race, creed, color, na~iona( origin, sex, age, disability, or veteran status. q. MeoSTA~F~RS agrees not to at any~me or in any manner either directly or indirectly, divulge, disclose, or communicate to any person, organization, and corporation any information concerning any matters affecting or relating to the business of the FACILITY, its employees, or patients except as required by the law. r. MI~bSTAFFERS shall maintain at its sole expense a valid professional liability insurance policy of One Million Dollars ($1,000,000.00) per occurrence and Five Million Dollars ($5,000,000.00) aggregate during the term of this agresmen#. Upon signing this agreement, Medstaffers vrili supply FACILITY with a Certificate of Liability Insurance, and will notify FACILITY prior to cancellation, reduction or material change in coverage in the future. MeesTA~FeRS shall maintain required workers compensation insurance for all of MEDSTAFFERS'S employees placed in FACILITY. s. MEDSTAFFERS PERSONNEL will abide by FACILITY rules, polices and procedures; and report to, and be supervised by FACILITY Clinical Managers when on duty at FACILITY. t. MEDSTAFFERS will take no steps to recruit as its own employees those PERSONNEL provided by FACILITY during the term of this Agreement. The MEDSTAFFERS further acknowledges the considerable expense incurred by FACILITY to adver4se, recruit, Interview, evaluate, reference check and superv(se its employe®s. 4. FACILITY RES~QNSIBILITIES a. FACILITY shall use Me~sraFFERS as one of its sources of SUPPLEMENTAL STAFFING. b. All PERSONNEL provided by ME~srnFFeRS for the term of this contract are the employees Of MEDSTAFFER5. c. FACILITY will take no steps to recruit as its own employees those PERSONNEL provided by MEDSTAFFERS during the term of this Agreement. FACILITY FAC~.ITY STAFFIl~IG AGBSBMENT Alma Health LLC d/b/a Medstaffcrs. Mam,1i 2008 Page 5 of 12 DEC/10/2010/FRI 11;24 AM FAX No. F.00'~ understands Mi*oSTAFFERS is not an employment agency and that its employees are assigned to the FACILITY to render temporary services and are not assigned to become employed by the FACILITY. The FACILITY further acknowledges the considerable expense incurred by MEDSTAFEERS to advertise, recruit, interview, evaluate, reference check and supervise its employees. Accordingly, the FACILITY may not hire MEDSTAFFERS's Personnel unless an "Intent to Hire" agreement is met. d, "Intent to Hire" - 1) If FACILITY seeks to hire the MEDSTAFEERS employee at the end of the employee's 90 day GUARANTEED term assignment, the fee for a "buy out" of the services will 6e waived, or 2) if FACILITY seeks to hire the MEDSTAFEERS employee prior to the end of the contract agreement period, a lump sum fvr the remainder of the guaranteed time will be paid to MEDSTAFEERS. Once an option is agreed upon, the said MsusTA~~ERS employee employment rights are transferred to fine FACILITY. The beginning of the 90 day period starts from the first day notice Is given for the intent to hire. Facility agrees to not hire a MEDSTAFEERS empioyee for s period of 3 months after their termination of employment with MEDSTAFEERS. Additionally, FACILITY agrees not to hire an employee of MEDSTAFEERS for a period of six months if a "buy out" agreement can not be met. e. FAGILITY shall provide sufficient information about its specific needs so that MEDSTAFEERS can match the skills and experience of its PERSONNEL to those needs. f FACILITY shall utilize assigned PERSONNEL only for the specific arealspeaalty need requested. g. PERSONNEL may be temporarily reassigned to a different work area. If PERSONNEL does not have suffiaent orientation or experience in the type of work pertormed in the temporary work area, PERSONNEL will be required to perform all basic nursing func4ons, but will not be required to perform tasks or procedures for which PERSONNEL is not quali#ied or trained to perform, nor will PERSONNEL be required to assume sole accountability for patient care assignments. If reassigned PERSONNEL has sufficient orientation or sufficient experience in the type of work FACIIaCr7C S"iAF'~G AC~MMBNT Alma Htalih LLC d/bla Medstaff~eas. March 2008 Page 6 of 12 DEC/10/2010/FRI 11,24 AM FAX No, ~,OC~~ performed in the temporary work area, PERSONNEL will be required to assume sole accountability for patient care assignments." h. FACILITY agrees that MEDSTAFFERS'S duty to fill assignments is subject to the availability of qualified Personnel. i. FACILITY agrees to provide orientation necessary for the specific unit assignment, which includes physical Payout of the unit/faclllty. j. FACILITY nursing supervisors will assist MEDSraFFERS, on a continuing basis, with evaluation of MEOS'rAFFERS PERSONNEL by providing performance information and/or access to clinical areas for observation by MEDSTnFFERS'S Clinical Director. k. FACILITY shall allow MEDSTAFFERS PERSONNEL (on their own time) to attend appropriate facility staff development programs. I, FACILITY shall notify MEbSTE-FFERS immediately of the initiation of any complaint, inquiry, investigation, or review with or by any licensing or regulatory authority, peer review organization, FACILITY committee, or other committee, organization which directly or indirectly, evaluates or focuses on the quality of care provided by MEDSTnFFERS or its PERSONNEL either in any speaflc instance or in general. m. FACILITY will make available to MepsTAFFEas copies of all documentation about problems or incidents In which MeosT,o,FFERS's employees are involved. n. If, in the sole discretion of the FACILITY, any person assigned by MEDSTAFFERS is incompetent, negligent, or has engaged in misconduct, FACILITY may require such person to leave its premises and shall inform McDSTAFFERS of this action immediately. The dismissed employee shall not be assigned to the FACILITY thereafter. The FACILITY's obligation to compensate MEDSTaFFERS for said services shall be limited to the hours actually worked by such person and FACILITY shall have no further obligation with respect to such assignments. o. FACILITY shall make every effort to request PERSONNEL at least four (4) hours prior to reporting time. If PERSONNEL are requested less than two (2) hours prior to reporting time every attempt will be made to fill the request. If the PERSONNEL accepting assignment is unable to arrive at the exact start time due to the short notice, the FACILITY vuill be billed for the entire shift if notice of request was ~+'ACII1'T'Y SrA~1C 4i~GrREFd~NT Alma Health I.I..C d/b/a Medetaffess. March 2008 Page 7 of 12 DEC/10/2010/FRI 11;25 AM FAX No, ?.OC° received less then 2 hours before start time. p, If FACILITY changes or cancels an order [ess than tvuo (2) hours before reporting time, FACILITY shall be liable for four (4) hours at the hourly rate for the PERSONNEL involved. FACILITY then reserves the right to then employ the nurse for four (4) hours. q. FACILITY agrees not to discriminate in the assignment of MEDSTAFFERS' PERSONNEL on the basis of race, creed, color, national origin, sex, age, disability, or veteran status. r, FACILITY shall maintain at its sole expense a valid policy of insurance covering professional liability arising from the acts or omissions of FACILITY'S employees. FACILITY shall forward a Certificate of Insurance to M~DSTAFFERS upon request and give MEDSTAFFERS prompt, written notice of any change in FACILITY'S coverage. 5. TERM OF AGREEMENT s~ This t®rm of this Agreement shall commence on the o`~.l day of `~~~ 2008, and shall continue fora period of twelve (12) months from the commencement. Unless written notice of termination is given by either party to this Agreement thirty (30) days prior to the end of the aforementioned term, this Agreement shall automatically be extended for an additional like period and so on until terminated as above set forth. 6. PAYMENTS, INVOICES a. MaDSTaFFERS will furnish FACILITY with a weekly invoice of services provided. The rates for its services are attached as Exhibit A to this Agreement. The rates for services established in Exhibit A can be prospectively amended by MEDSrAFFERS at any time upon thirty (30) days written notice to FACILITY. b. FACILITY shall pay MEDSTAFFERS as provided, entitled Pay~mUent ~ ayment ,~Q~ due upon receipt of invoice. Accounts not paid In full within Ada of ' mg shall be subject to a 2°~ per 30 days overdue, A late charge of $35 will be assessed on a monthly F_ AC~,~'Y STAFFIl~iG AQt$~NT Alma ~iealth LT.C d/b/a Medeteffere. Msrch 2008 .pageSofl2 DEC/10/2010/FRI 11:25 AM FAX No, i, Ci~ basis. FACILITY shall also be responsible for any and all counsel fees and costs associated with the collection of overdue balances. c. GUARANTEED REQUESTS and bookings for PERSONNEL can not be canceled and are subject tv complete billing whether Personnel are used or not except mutual cancellations. 7, MODIFICATION AND WAVER OF AGREEMENT This Agreement shall constitute a full, complete, and total binding Agreement between the parties and is preduded from amendment or modification EXCEPT if the parties spedf~cally agree to modify this Agreement. Any and all madfications to this Agreement shall only be by written agreement containing the same formalities as this Agn~ement and shall exhibit the notarized signatures of both parties, along with ta-o witnesses. Any waiver of a breach of any provision of this Agneement shall not constitute an ongoing waiver. 6. TERMINATION OP AGREEMENT Either party can terminate this Agreement, with or without cause, upon thirty {30) days wriitten notice to the other party. Notices of termination must be sent to the parties as listed within this Agreement. FACILITY may immediately terminate this agreement if Medstaffers or employee's conduct is unprofessional, unethical or fraudulent, and if, in the opinion of FACILITY, such action d(scredits the name or is detrimental to the reputation, character and standing of FACILITY. 9. PR~R AC3REEMENTS This Agn~ement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. '10. BREACH AND ENFORCEMENT FACY~TY STAFFING AQtN.TN~NT Alma Health LLC d/6/a Medataffers. March 2008 Page 9 of lZ DEC/10/2010/FRI 11:25 AM FAX No, ?,011 If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, 11. NOTICES All notices shall . be in writing and shalt be addressed to the parties as set forth below. Notices shall be effective upon receipt when delivered personally or sent via US Certified Mail return receipt requested to the appropriate addresses listed below and shall be effec~lve upon mailing when property addressed with postage prepaid. _ MaDS7AFFERS FAC",. ILITY ALMA HEALTH d/B/A/ MRDBTAFFER3 r Corporate Headquarters ~~' 1 ~ r ~~1~~~ a p/(d~ ~' 19 Brookwood Ave, Suite 103 Carlisle, PA 17013 ~~~ ~~ 1z. AnomoNA[. [NSTRUMENTs Each of the parties hereto agrees that it will join in the execution, acknowledgment and delivery of any other document which may be reasonably necessary to cony out the intent of this ~reement, and, in the event either of the parties hereto would oat join in the execution, aclmowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as its Attorney-In-Fact to execute, acknowledge and deliver such instrum®nt hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a suffixent Power of Attorney to cony out the Intent and purpose of this paragraph. 13. VOLUNTARY FJCECUY[ON The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full disclosure and that it is not the result of any duress or undue influence. F~-,G~I'TY sTwinnrrc A~~rr Alma Health LLC d/b/a Medstafftrrs, March 2008 Page 10 of 12 DEC/10/2010/FRI 11:26 AM FAX No, P, 012 14, ENTIRE AGREEMENT This A®reement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 15. CONFIDENTIALITY The terms of this agreement are confidential, and each party receiving any proprietary or conldential information from the other party or its clients shall exerese reasonable efforts to preserve the confidentiality of said information. 16. COMPLUWCE ACKNOWL~bG__ MENT Medstaffers and FACILTY represent and warrant that they are and shall remain throughout the term of this agreement in compliance with all applicable federal and state laws and regulations related to this agreement and the services to be provided, including without limitation, statutes and regulations related to fraud, abuse, false daimsJstatements, referrals and prohibition of kickbacks. Medstaffers also represents and warrants, by signing and returning the attached acknowledgment, that Medstaffers agrees to comply with the compliance protocols that impact ancillary providers under FACILITY'S corporate cornp(iance plan and/or code of conduct. 17. ASSIGNMENT Neither party may assign this agreement without the prior written consent of the other party, 18. APPLICABLE LAW FACII„rrY ST~lnav~ acau?.saaa~lv~r Alma Health Y.I.C d/6/a mss. lvlarch zoos Page 11 of 12 DEC/10/2010/FRI 11;26 AM FAX No, x,013 This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. Any and all disputes which arise as a result of this Agreement shall be heard in the Court of Common Pleas of Cumberland County, Pennsylvania. 19. VOID CLAUSES If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. IN WITNESS WHEREOF, the parties hereto have executed this Agreement an the day and year first above written. WITNESSIATTEST: -e.~ r ALMA HEALTH D/B1A/ MEDSTAFFERB. Y~ ~ ~) Title: ~ R l2~ C~ ~.~c~ U >~ FACILITY Title 1 c~ ~ i ~~~ ~' FACI>LY'~'X' ST+~vG AcatE~avr Alma Health LLC d/b/a MedstaffCrs. Marsh 2008 Page l2 of 12 DEC/10/2010/FRI 11:26 AM FAX No, Addendum A -Rates effective July f. 2008 RATES: 7.3 3-1 f f1-7 Rnl weekday Ss~oo 555.00 55500 Weekend $5500 $5500 $55.00 RN Specially Weekday ,'1559.00 $5B. DO $59.00 RN Specially Weekend 559.OD x59.00 $59.00 LPN wi~alcday i4f.50 a4i.5o $41.50 Weekend $41.60 $41,50 $4f.50 LPN Hospfte/ Weekday $45.50 $45.50 545.50 LPN Hospital Weekday $45.50 54550 $45.50 L~vA weekday s2i.50 Sli.so S~i.50 lhEekend 521.50 ,$21.50 527.50 HOLIDAYS: Wolldays are billed at are and one half of the hourly rata. Weekends begin at 3pm Friday and end lam Monday. p. 014 New Years kti-e (3-11,11-7) Labor Day (shNt staNirtg prior io the holiday 11-7,7.3, 3-11,11-7) New Years Day p-3, 3-11, 11-7) Thanksgiving (shiftstarting on the hoiliday eve 11-7, 7-3,3x11,11.7) Memorial Day (shiftetarl5rg prior to hoiliday 11-7, 7.3, 3.11, 11-7) Chrlslma6 Eve (&11, 71-7) independence Day (shiRstarting pdorto hoilday 11-7, 7-3, 3-11, 11 7) Christmas Day (7-3, 3-11,11-7) CHARGE RATES: LPN Charge is billed at $200 more en born: RN Chsrya Ls 61gad ats10.00 mole an hour 7LRAIS: Imroices are mailed weekry and are payable upon receipt Ar:counts not paid within BO days will be subject to a 296 surcharge per 80 days overciue. Guaranteed 71Nt:: Cyuararrteed time is defined as Personnel needs that pnnot be canceled for any reason and are sub)ect to full billing roroe~ for mutual cancNlations. Early requests and guarant~d requests will receive top priority. Guaranteed requests and bookings for Personnel Cannot tae canoled and are subJect to ccetplek: blllir~ whether Personnel are used or not except for mutual canoeNations. Emergency bequests are requests that are made tiNO hours prior to starting time and are subJect to ful(shift billing even If the per~nnel i9 not able to antve at the designated stall of the shin cANCELr~noNS: If facility changes or caneelc an order lase than hvo (2) hours before reporting time, faaliiy shall be (labia for four (4) houre et the hourly rate for the Personnel Invdved. Facitily then reserves the Hght to then employ the nurse for tour (4) hours. DEC/08/2010/WED 12:43 PM FAX No, ?.005 Medstaffers X 9 Brookwood Avenue Suite 103 Carlisle, PA 17013 717-243-3485 To: Fox SubAcute 120 South Filbert Street Mechanicsburg, pA 17055 Statement Date 12/31/2010 Amount Dua Amount Enc. $23,853.74 Date Transaction Amount Balance 12/31/2009 Balance forward 17,040.34 01/13/2010 INV #11564. Duc 01/13/2010. 258.00 17,29$.34 ---N5VCS $258.00 01/20/2010 II~'V #11574. Due 01/20/2010. 209.63 17,507.97 ---N5VCS 5209.63 01/29/2010 INV #i 1582. Due a lrz9/2ol o. 688.00 18,195.97 --NSVCS $688.00 02/01/2010 INV #FC 917. Due 02!01/2010. 446.63 18,642.60 Fin&noc Charge -w Fin Chg $446.63 --- Invoice #1!367 for 1,154.50 on 09/IS/2009 -- Invoice #11381 for 373.50 on 09/22/2009 -- Invoice #11392 for 498.00 on 09/29/2009 -- Invoice #11411 for 960.00 on 10/06/2009 -- Invoice #11401 for 1,604.00 on 10/06/2009 --- Invoice #11421 for 371.25 on 10/13/2009 --- Invoice #11433 for 1,951.05 on ] 0/20/2009 --- Invoice #11441 for 508.38 on 10/27/2009 --- Invoice #~C 789 for 152.59 on /0/30/2009 --- Invoice #11452 for 1,460.25 on 11/04/2009 --- Invoice #1 I465 for 859.01 on 11/11/2009 --- Invoice #11474 for 1,091.13 on 11!18/2009 -- Invoice #11464 for 781,26 on 11/24/2009 -- Invoice #FC 825 for 23792 on 11 /30/2009 -- Invoice #] 1494 for 2,204.85 on 12/02/2009 --- Invoice #11504 for 505.06 on 12/09/2009 --- Invoice #l 1513 for 215.00 on 12/09/2009 ---Invoice #11520 for 649.75 on 12/15/2009 - Invoice # 11529 far 666.50 on 12/22/2009 -- Invoice #11539 for 516.00 on 12/29/2009 --- Invoice #1`C 866 for 280.34 on 12/30/2009 02/03/2010 INV #11590. Due 02/03/2010. 688.00 19,330.60 --NSVCS 5688.00 CURRENT 130 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due pUE DUE DUE PAST DUE 0.00 2,091.41 0.00 0.00 21,762.33 $23,853.74 DEC/08/2010/WED 12:43 PM FAX No. P,C06 Medstaffe>; s 19 Brookwood Avenue Suite 103 Carlisle, PA 17013 717-243-3485 Bill To Fox SvbAcutc 120 South P'ilbet[ SRcet Mcchanicsburg, PA 17055 Finance Charge Date Invoice # 12/1/20]0 FC 1018 Terms Description Amount Finance Charges oA Overdue Balancc 2,091.41 ];nvoicc #11411 far 960.00 on 10/06/2009 Invoice #11421 for 371.25 on 10/13/2009 Invoice #11433 for 1,951.05 on 10/20/2009 Invoice #11441 for 508.38 on 10/278009 Invoice #FC 789 for 152.59 on 10/30/2009 Invoice#11452 for 1,460.25 on 11/048009 Invoice #11465 for 859.01 on 11/11/2009 Invoice#11474 for 1,091.13 on 11/18/2009 Invoice #11484 for 781.26 on 11/24/2009 Invoicc #FC 825 for 237.92 on t 1/30/2009 Invoice #11494 for 2,204.85 on 12/022009 Iavoicc #11504 for 505.06 on 12/09/'2009 Invoice #11513 for 215.00 on 12/09/2009. Invoice #11520 for 649.75 on 12/15/2009 Invoice #11529 for 666.50 on 12/22/2009 Invoice #I 1539 for 5 t 6.00 on 12/29/2009 Invoice #FC 866 for 280.34 on 12/30/2009 Invoice #11564 for 258.00 on 01/13/2010 Invoicc #11574 fior 209.63 on 01/20/2010 Invoice #11582 for 688.00 on 01892010 Invoice #FC 917 for 446.63 on 02/01/2010 Invoice #11590 for 688.00 on 02/038010 Invoice #11606 for 86.00 on 02/09/2010 Invoice #11615 for 258.00 on 02/17/2010 Invoice #1 l 624 for 247.25 on 02/24/2010 Invoicc #FC 927 for 275.55 on 02/26/2010 ' Invoice #11632 for 189.85 on 03/038010 Invoicc#11655 far 236.50 on 03/17/20]0 Invoice #11664 for 919.13 on 03848010 Total Payments/Credits Balance Due . DEC/08/2010/WED 12; 44 PM SAX I~To, ~, ~'~ MedStaffers 19 Brookwood Avenue Suite 103 Carlisle, PA 17013 717-243-34$5 Bill To 'Fox SubAcute 120 South Z~ilbert So^eer Mechanicsburg, PA 17055 finance Charge Date Invoice # ~2/~/zoio >FC a,o> s Terms Description Amount Invoice #116'13 far 258.00 on 03/31/2010 Invoice #PC 939 for 43A.22 on 03/31/2010 Invoice #11681 for 687.50 on 04/07/2010 Invoice t~11697 for 258.00 on 04/14/2010 Invoice #11708 for 258.00 on 04/21/2010 Invoice #FC 953 for 426.81 on 04/30/2010 )nvoice #FC 967 for 440.52 on 05/28/2010 Invoice #FC 978 for 96.44 on 06/03/2010 Invoice #PC 985 for 560.99 on 07'/07/2010 Invoice #FC 1002 for 428.97 on 08/02/2010 Total $2,o91.a1 Payments~Credits $O.oo Balance Due $2,091.41 DEC/08/2010/WED 12:44 PM MedStaffers 19 Brookwood Avenue Suite 103 Carlisle, PA 17013 717-243-3485 Bill To Fox SubAcute 120 South Filbert Sweet 1~Iechanicsburg, PA 17055 PAX 'Vo, y, L J" Finance Charge Date Invoice # 12/1/2010 PC 1018 Terms Description Amount Finance Chnrgea on Overdue Balance 2,091.41 Invoice #11411 for 960.00 on 10/06/2009 Invoice #11421 fox 371.25 on 10/13/2009 Invoice#11433 for 1,951.05 on 10/20/2009 Invoic¢ #11441 for 506.38 on 10/27/2009 Invoice #FC 789 fox 152.59 on 10/30/2009 Invoice #11452 for 1,460.25 on 11/04/2009 Invoice#11465 for 859.01 on 11/11/2009 Invoice #11474 for 1,091.13 on 11/18/2009 Invoice #11484 for 781.26 on 1 1/248009 Invoice#FC 825 far 237.92 on 11/30/2009 Invoice #11494 for 2,204.85 oxl 12/02/2009 Ynvoice #11504 for 505.06 on 12/09/2009 Invoice #11513 for 215.00 on 12/09/2009 Invoice #11520 for 649.75 on 12/15/2009 Invoice # 11529 for 666.50 on 12/22/2009 Invoice #11539 for 516.00 on 12/298009 Invoice #PC 866 for 280.34 on 12/30/2009 Invoice #11564 for 258.00 on 01/13/2010 Invoice #11574 for 209.63 on 01/208010 Invoice #11582 for 688.00 on 01/292010 Invoice #1~'C 917 for 446.63 on 02/01/2010 Invoice #11590 for 688.00 on 02/03/2010 Invoice # 11606 for 86.00 ort 02/09/2010 Invoice #11615 for 258.00 on 02/17/2010 Invoice #11624 for 247.25 On 0284/2010 Invoice #FC 927 for 275.55 on 02/26/2010 Invoice #11632 for 189.85 on 03/03/2010 Invoice #11655 for 236.50 on 03/17!2010 Invoice #11664 for 919.13 on 03/24/2010 Total Payments/Credits Balance Due DEC/08/2010/WED 12:44 PM FAX No, ~.OCQ MedSta£>Fers 19 Brookwood Avenue Suite 103 Cazlisle, pA 17013 717~243~3485 gill To Fox SubAcute 120 South Filbert Street Mcchanicsburg, PA 17055 Finance Charge Date Invoice # 12/1/2010 FC 1018 Terms Description Amount Invoice#11673 for 258.00 on 03/3]/2010 Invoice #FC 939 for 434.22 on 03/31/2010 Invoice #11681 for 687.50 on 04/07/2010 Invoice #11697 for 258.00 on 04/14/2010 Invoice #11708 for 258.00 on 04/Z1/LO10 Xnvoice #FC 953 for 426.81 on 04/30/2010 Invoice #FC 967 for 440.52 on 05/28/2010 Invoice #FC 978 for 96.44 on 06/03/2010 Invoice #FC 985 for 560.99 on 07/07/2010 Invoice #FC l OOZ for 428.97 on 08/02/20 ] 0 TOta ~ 52,091.41 Payments/Credits So.oo Balance Due 52,091.41 DEC/08/2010/WED 12.44 PM FAX No, ?.010 MedStaffers 19 Brookwood Avenue Suite 103 Carlisle, PA 17013 717-243-3485 To: Fox SubAcutc 120 South Filbert SaeeC Mechanicsburg, PA 17055 Statement Date 12!31/20 to Amount Due Amount Enc. $23,853.74 Date Transaction Amount Balance 02/09/2010 INV #11606, Due 02/09/2010. 86.00 19,416.60 V-NSVCS $86.00 02/17/2010 INV #I I615. Due 02/17/2010. 258.00 19,674.60 •-NSVCS $258.00 02/17/2010 PMT#1875. -1,154.50 18,520,10 02/17/2010 PMT#1875. -373.50 18,146.60 02/17/2010 pM"t' #1875. -498.00 17,648.60 0?J17/20I0 PMT #1875. -1,604.00 16,044.60 02/24/2010 INV #11624. Due 02/24/2010. 247.25 16,291.85 --NSVCS $247.25 02/26/2010 1NV #FC 927. Due OZ/Z6/2010. 275.55 16,567.40 Finance Chatge --- Fin Chg $275.55 --Invoice #11411 for 960.00 on I 0/06/2009 -- Invoice #11421 for 371.25 on 10/!3/2009 -- Invoice #I 1433 for 1,951.05 on 10/20/2009 -- Invoice # I 1441 for 508.38 on 10/27/2009 ---Invoice #FC 789 for 152.59 on 10/30/2009 --Invoice #11452 for 1,460,25 on 11/04/2009 --- Invoice #11465 for 859.01 on 11/11/2009 -- Invoice#11474 for 1,091.13 on 11/18/2009 -- Invoice #l 1484 for 781.26 on 11/24/2009 -- Invoice #1'C 825 for 237.92 on 11/30/2009 -- Invoice #11494 for 2,204.85 on 12/02/2009 -- Invoice #11504 for 505.06 on 12/09/2009 -- Invoice #1 I513 for 215.00 on 12/09/2009 ---lnvoice #11520 far 649.75 on 12/15/2009 -- Invoice #I 1529 for 666.50 on 12/22/2009 - Invoice #11539 for 516.00 on 12/29/2009 - Invoice #>?C 866 for 280.34 on 12/30/2009 -- Invoice #11564 for 258.00 on 01/13/2010 -- Invoice # 11574 fnr 209.63 oa 0120/2010 03/03/2010 1NV #l 1632, Duc 03/03/2010. 189.85 16,757.25 ---NSVCS 5189.85 CURRENT 1-30 DAYS PAST 31-BO DAYS PAST ~ 69-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST pUE 0.00 2,091.41 0.00 0.00 21,762.33 $23,853.74 DEC/08/2010/WED 12:44 PM FAX No, '', 01' MedStaffers 19 Brook rood Avenue Suite X 03 Carlisle, PA 17013 717-243-3485 To: Fox SubAcutc 120 South filbert Sweet Mechanicsburg, PA 17055 Statement Date I2/31/2010 Amount Due Amount Enc. $23,853.74 Date Transaction Amount t3alance 03/17/2010 INV #11655. Due 03/17/2010. 236.50 16,993.75 ---NSVCS $236.50 03/24/2010 1NV #11664. Due 03/24/2010. 919.13 17,912,88 --- NSVC5 $919.13 03/3 t/2010 TNV #11673. Due 03/312010. 258.00 18,170.88 --- NSVCS S258.00 CUaRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount due DUE DUE DUE PAST DUE 0.00 2,091.41 0.00 0.00 22,762.33 523,853,74 DEC/08/2010/WED 12:45 PM PAX No, P.0":2 MedStaffers ~ 9 Bxool~wood Avenue Suite 103 Carlisle, PA 17013 717-243-3485 To: Fox SubAcute l20 South Filbert Strcct Mecbazucsburg,l'A 17055 Statement Date I2/31/2010 Amount Due Amount Enc. $23,853.74 Date Transaction Amount Balance 03/31/20]0 INV #FC 939. Due 0313i/2010. 434.22 18,605.10 pinance Charge ~- Fin Chg $434.22 -- Invoice #11411 for 960.00 on 10/06/2009 -- Invoice #11421 for 371.25 on 10/13/2009 -- Invoice #11433 for 1,951.05 on 10/20/2009 -- Invoice #11441 for 508.38 on 10/27/2009 --- Invoice #FC y89 for 152.59 on 10/30/2009 --- Invoice #11452 for 1,460.25 on 11 /04/2009 -- Invoice #11465 for 859.01 on 11/11/2009 --- Invoice #11474 for 1,091.13 on 11/18/2009 --- Invoice #11484 for 781.26 on 11/24/2009 --- Invoice #lrC 825 far 237.92 on 11/30/2009 --- Invoice #11494 far 2,204.85 on 12/02/2009 --- Invoice #11504 far 505.06 on 12/09/2009 --Invoice #11513 for 215.00 on 12/09/2009 --- Invoice #11520 for 649.75 on 12/15/2009 -- Invoice #11529 for 666,50 on 12/22/2009 --- Invoice #11539 for 516.00 on 12/29/2009 --- Invoice #17C 866 for 280.34 on 12/30/2009 -- Invoice #11564 for 258.00 on O1/13/2010 --- Invoice #11574 for 209.63 on 01/20/2010 -- Invoice #11582 for 688,00 on 01/29/2010 --- Invoice #FC 917 for 446.63 on 02/01/2010 --- Invoice #11590 for 688.00 on 02/03/2010 --- Invoice #11606 for 86.00 on 02/09/2010 --- Invoice #11615 for 258.00 on 02/]712010 -- Invoice #11624 for 247.25 on 02/2}/2010 -- Invoice #FC 927 for 275.55 on 02/26/2010 04/07/2010 INV #11681. Due 04/07/2010. 687.50 19,292.60 ---NSVCS $687.50 04/14/2010 INV #11697. Ave 04/14/2010. 258.00 19,550.60 ---NSVCS $258.00 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 0.00 2,091.41 0.00 0.00 21,762.33 523,853.74 DEC/08/2010/WED 12;45 PM FAX No, P,C13 MedStaffers 19 Brook^~rood .A.venue Suite 103 Carlisle, PA 17013 717-243-3485 To: Fox SubAcutc 120 South Filbert Street Mechanicsburg, PA 17055 Statement Date 12/31/2010 Amount I~ue Amount Enc. $23,853.74 Date Transaction Amounf Balance 04/21/20]0 iNV #11708. Duc 04/21/2010. 258.00 I9,SD8.60 --- N'SVCS $258.00 04/30/2010 1NV #FC 953. Duc 04/30/2010. 426.81 20,235.41 Finance Charge --- fiin Chg 5426.81 -- Invoice#1 ]41 I for 960.00 on 10/06!2009 -- Invoice #1 ]421 for 371.25 on 10/13/2009 - Invoice #11433 for 1,951.05 on 10/20/2009 -- Invoice #I 1441 for 508.38 on 10/27/2009 -- Invoice #FC 789 for 152.59 on 10/30/2009 --- Invoice # 11452 for 1,460.25 on I 1 /04/2009 -- Invoice#I 1465 for 859.01 on 11/11/2009 --- Invoice #1 ] 474 for 1,091.13 on t) /l 8/2009 - Invoice #1 I484 for 781.26 on 11/24/2009 - Invoice #FC 825 for 237.92 on 11/30/2009 -- Invoice #11494 for 2,204,85 on 12/02/2009 -- Invoice #11504 for 505.06 on 12/09/2009 --- Invoice #] 1513 for 215.00 on 12/09/2009 -- Invoice #11520 for 649.75 on 12/15/2009 -~ Invoice #11529 for 666.50 on 12/22/2009 - Invoice #1 I539 for 516.00 on 12/29/2009 - Invoice #FC 866 for 280.34 on 12/30/2009 -- Invoice #11564 for 258.00 on 01/13/2010 -- Invoice #11574 for 209.63 on 01/20/2010 --- Invoice #11582 for 688.00 on 01/29/2010 -- Invoice #FC 917 for 446.63 on 02/O1/ZOI O ---Invoice #I 1590 for 688.00 on 02/03/2010 - Invoice #l 1606 for 86.00 on 02/09!2010 -- Invoice #11615 for 258.00 on 02/t7/20I0 -- Invoice #11624 for 247.25 on 02/24/2010 -- Invoice #FC 927 for 275.55 on 02/26!2010 --- Invoice #11632 for I89.85 on 03/03/20I0 --- Invoice #1 I655 for 236.50 on 03/17/2010 --- Invoice #11664 for 919.13 on 03/24/20I0 CURRI=NT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 0.00 2,091.41 0.00 0.00 21,762.33 $23,853.74 DEC/08/2010/WED 12.45 PM PAX :~o, P,C"c MedStaffers 19 Broolewood Avenue Suite 103 Carlisle, PA 17013 717243-3485 To: Fox SubAcutc 120 South Filbert Street Mechanicsburg, PA 17055 Statement Date 12/31/2010 Amount Due Amount Enc. $23,853.74 Date Transaction Amount Balance INV #FC 967. Due 05/28/2010. Finance Charge --- Fin Chg $440.52 --- Invoice #11411 for 960.00 on 10/06/2009 . -- Invoice #I 1421 for 371.25 on 10/13/2009 -- Invoice #11433 for 1,951.05 on 10/20/2009 --- Invoice #11441 for 508.38 on 10/27/2009 --- Invoice #FC 789 for 152.59 on 10/30/2009 --- Invoice#11452 for 1,460.25 on 11/04/2009 -- Invoice #11465 for 859.01 on 11/11/2009 --- Invoice #11474 for 1,091.13 on 11/18/2009 --- Invoice #11484 for 781.26 on 11/24!2009 -•- Invoice #T~C 825 for 237.92 on 11/30/2009 -- Invoice #11494 for 2,204.85 on 12/02/2009 -- Invoice #l 1504 for 505.06 on !2/09/2009 -- Invoice #11513 for 215.00 on 12!09/2009 -- Invoice #11520 for 649.75 on 12/152009 --- Invoice #11529 for 666.50 on 12/22/2009 -- Invoio # 11539 for 516.00 on 12/29/2009 --1'nvoice #FC 866 for 280.34 on 12/30/2009 - Invoice #11564 for 258.00 on 01/13/2010 -- Invoice #11574 for 209.63 on 01/20/2010 -- Invoice #1 I582 for 688.00 on 01/29/2010 -- Invoice #FC 917 for 446.63 on 02/OI/2010 -- Invoice #11590 for 688.00 on 02/03/2010 -- Invoice # 11606 for 86.00 on 02/09/2010 -- Invoice #11615 far 258.00 on 02/17/2010 -- Invoice #11624 for 247.25 on 02/24/2010 -~ Invoice #>; C 927 for 275.55 on 02/26/2010 - Invoice #11632 for 189.85 on 03/03/2010 - Iavoicc #11655 for 236.50 on 03/17/2010 -- Invoice #11664 for 919.13 on 03/24/2010 --- Invoice #11673 for 258.00 on 03/31/2010 --- Invoice #FC 939 for 434.22 on 03/31/2010 CURRENT 7-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE aUE DUE PAST DUE 0.00 2,091.4] 0.00 0.00 21,762.33 $23,853.74 DEC/08/2010/WED 12:45 PM FAX No, P,0"~ NXedSt~~ers 19 Brookwood Avenue Suite 103 Carlisle, pA 17013 717243-3485 To: >?ox SubAcute 120 Sout}- Filbee~ctt Sweet Mechanicsburg, PA 17055 Statement Date 12/31/2010 Amount Due Amount Enc. $23,853.74 Date Transaction Amount balance -- Invoice#l 1681 for 687.50 on 04/07/2010 -- Invoice #l 1697 for 258.00 on 04/!4/2010 -- Invoice #11708 for 258.00 on 04/21/2010 06/03/2010 ]NV #FC 978. I~ue 06/03/2010. 96.44 20,772.37 Y:inance Charge -- Fin C6g $96.44 -- Invoice#11411 for 960.00 on IO/06/2009 -- lnvoice#11421 for 371.25 on 10/13/2009 --- Invoicz #11433 for 1,951.05 on 10/20/2009 -- Invoice #1 ]441 for 508.38 on 10/27/2009 -- Invoice #FC 789 far 152.59 on 10/30/2009 --- Invoice #11452 for ],460.25 on 11/04/2009 --- Invoice #11465 for 859.01 on 11/11/2009 -- Invoice #11474 for 1,091.13 on 11/18/2009 -- Invoice #11484 for 781.26 on 11/24/2009 -,-~ Invoice #Y:C 825 for 237.92 on ] 1/30/2009 - Invoice #11494 for 2,204.85 on 12/02!2009 - Invoice #11504 for 505.06 on 12/09/2009 -- Invoice #11513 for 215.00 on 12/09/2009 ---Invoice #11520 for 649.75 on 12/15/2009 --- Invoice #11529 for 666.50 on 12/22/2009 --- Invoice #11539 for 516.00 on 12/29/2009 -~- Invoice #PC 866 for 280.34 on 12/30/2009 -Invoice #11564 for 258.00 on Ol /13/2010 •-- Invoice #11574 far 209.63 On 01/20/2410 -Invoice #11582 for 688.00 on 01/29/2010 --Invoice #FC 917 for 446.63 on 02/012010 --Invoice #11590 ;for 688.00 on 02/03/2010 --- Invoice #11606 for 86.00 on 02/09/2010 --- Invoice #11615 for 258.00 on 02/17/2010 --- Invoice #11624 for 247.25 on 02/24/2010 --- Invoice #Y~C 927 for 275.55 on 02x26/2010 -Invoice #11632 for 189.85 on 03/03/2010 -Invoice #11655 for 236.50 on 03/17/2010 CURRENT 1-30 DAYS PAST 31 -BO DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE bUE PAST DUE 0.00 2,09].41 0.00 0.00 21,762.33 523,853.74 DEC/OB/2010/WED 12:46 PM SAX PTO. ~~~'~ MedStaffers 19 $rookwood A~renue Suite 103 Caxl~sle, PA 17013 717-243-3485 To: Fox SubAcute 120 South Filbert Street Mechanicsburg, pA 17055 Statement Date 12/31/2010 Amount Due Amount inc. $23,853.74 Date Transaction Amount Balance -Invoice #11664 for 919.13 on 03/24/2010 -- Invoice #11673 fAr 258.00 on 03/31/20] 0 --- Invoice #i~C 939 for 434.22 on 03/31/2010 --- Invoice #11681 for 687.50 on 04/07/2010 --- Invoice #11697 for 258.00 on 04/14/2010 - Invoice #11708 for 258.00 on 04/21/2010 -Invoice #PC 953 for 426.81 on 04/30/2010 07/07/2010 iN'V' #FC 985. DuC 07/07/2010. 560.99 21,333.36 Finance Charge --- I?in Chg 5560.99 -- Invoice # 114 ] 1 for 960.00 on 10/06/2009 -- Invoice #11421 for 371.25 on 10/13/2009 -- Invoice #11433 for 1,951.05 on 10/20/2009 -- Invoice #11441 for 508.38 on 10/27/2009 -- Invoice #FC 789 for 152.59 on ] 0/30/2009 -- Invoice #11452 for 1,460.25 on 11/04!2009 - Invoice #11465 for 859.01 on 11/11/2009 - Invoice #11474 for 1,091.13 on 11/18/2009 -- Invoice #11484 £or 781.26 on 11/24/2009 -- Invoice #FC 825 for 237.92 on 11/30/2009 --- Invoice #l 1494 for 2,204.$5 on 12/02/2009 -- Invoice #11504 for 505.06 on 12/09/2009 - Invoice #11513 for 215.00 on 12/09/2009 -- Invoice #11520 for 649.75 on 12/15/2009 -- Invoice #11529 for 666.50 on 12/22/2009 --- Invoice #11539 for 516.00 on 12/29/2009 -- Invoice #FC 866 for 280.34 on 12/30/2009 -~ invoice #11564 for 258.00 on 01/13/20]0 -- Invoice #11574 for 209.63 on 01/20/2010 --- Invoice #11582 for 688.00 on 0]/29/2010 -- Invoice #FC 917 for 44b.63 on 02/01 /2010 --- Invoice #11590 for 688.00 on 02/03/2010 -- invoice #11606 for 86.00 on 02!09/2014 -- Invoice #11615 for 258.00 on 02/17/2010 CURRENT 1-30 PAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 0.00 2,091.41 0.00 0.00 21,762.33 523,853.74 DEC/08/2010/WED 12; 46 PM FAX No, "~ ~' ~ MedStaffers 19 Brookwood Avenue Sui#e 103 Cexllsle,l'A 17013 717-243-3485 To: pox SubAcute 120 South Filbert Street Mechanicsburg, PA I7055 Statement bate 12/31/2010 Amount Due Amount Enc. $23, 853.74 Date Transaction Amount Balance - Ynvoice # 1 ]624 for 247.25 oa 02/24/2010 -- Invoice #FC 927 for 275.55 on 02/26/2010 --Invoice #11632 for 189.85 on 03/03/2010 -- Invoice #11655 for 236.50 on 03/17/2010 --- Invoice #11664 for 919.13 on 03/24/2010 --- Invoice #11673 for 258.00 on 03/31/2010 ---Invoice #pC 939 for 434.22 on 03/31!2010 --- Invoice #11681 for 687.50 on 04/07/2010 -- Invoice #11697 for 258.00 on 04/142010 -Invoice #11708 for 258.00 on 04/21/2010 - Invoice #FC 953 for 426.61 on 04/30/2010 -- Invoice #pC 967 for 440.52 on 058B/2010 -- lnvoice #FC 978 for 96.44 on 06/03/2010 08/02/2010 INV #pC 1002. l~ue 08/02/2010. 428.97 21,762.33 Finance Charge -- pin Chg S428.97 -- Invoice #t 1411 for 960.00 oa 10/06/2009 --- Invoice #11421 for 371.25 on 10/13/2009 --- Invoice #11433 for 1,951.05 on ] 0/20/2009 -- Invoice #11441 for 508.36 on 10/27/2009 --- Invoice #pC 789 for 152.59 on 10/30/2009 -- Invoice #11452 for 1,460.25 on ] 1/04/2009 -- Invoice #11465 for 859.01 on 11/118pp9 -- Invoice #11474 for 1,091.13 on 11/18/2009 -- Invoice #11484 for 781.26 on 11/24/2009 -- Invoice #FC 825 for 237.92 on 11/30/2009 -- Invoice #11494 for 2,204.85 on 12/02/2009 -- Invoice #11504 for 505.06 on 12/09/2009 --- Invoice #11513 for 215.00 on 12/09/2009 ~-- Invoice #11520 for 649.75 on 12/158009 --- Invoice #11529 for 666.50 on 12/22/2009 --- Invoice #11539 for 516.00 on 12/298009 -- Ynvoice #t:C 866 for 280.34 on 12/30/2009 -- Invoice #11564 for 258.00 on 01/13/2010 CURRENT 1-30 BAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 0.00 2,091.41 0.00 0.00 21,762.33 $23,853.74 DEC/08/2010/WED 12:46 PM FAX No, ~~~'~ MedStaffers 19 Brookwood A~renne Suite 103 Carlisle, PA 17013 717-243-3485 To: Folc SubAcute 120 South Filbert Street Mechanicsburg, PA 17055 Statement Date 12/31/2010 Amount Due Amount Enc. 523,853.74 Date Transaction Amount Balance --- Xnvoice #11574 for 209.63 on 01/20/2010 --- Invoice #11582 for 688.00 on 01/29/2010 - Invoice #FC 917 for 446.63 on 02/01/2010 -- Invoice #11590 for 688.00 on 02/03/2010 -- Invoice #11606 for 86.00 on 02/09/2010 -- Invoice #11615 for 258.00 on 02/17/2010 --- Invoice #11624 for 247.25 on 02/24/2010 -- Invoice #FC 927 for 275.55 on 02/26/2010 Invoice #11632 fort 89.85 on 03/03/2010 -- Invoice #11655 for 236.50 on 03/17/2010 --, Invoice #11664 for 919.13 on 03/24!2010 -- Invoice #11673 for 258.00 on 03/31/2010 -- Invoice #FC 939 for 434.22 on 03/31 /2010 -- Invoice #11681 for 687.50 on 04/07/2010 -- Invoice #11697 for 258.00 on 04/14/2010 --- Invoice #11708 for 258.00 on 04/21/2010 -- Invoice #FC 953 for 426.81 on 04/30/2010 --- Invoice #FC 967 for 440.52 on 05/28/2010 , -- Invoice #FC 978 for 96.44 on 06/03/2010 12/01/2010 INV #FC 1018. I)ue 12101/2010. 2,091.41 23,853.74 Finance Charge --- Fin Cbg 52,09].41 --- Invoice #11411 for 960.00 on 10/06/2009 -- Invoice #11421 for 371.25 on 10/I3/2009 -- Invoice #11433 for 1,951.05 on 10/20/2009 -- Invoice #11441 fot 508.38 on 10/27/2009 -- Invoice #FC 789 for 152.59 on 10/30/2009 --- Invoice #11452 for 1,460.25 on 11/04/2009 --- Invoice #11465 for 859.01 on 11/] 1/2009 --- Invoice #11474 for 1,091.13 on 11/l 8/2009 -- Invoice #11484 for 781.26 on 11/24/2009 --- Invoice #1:C 825 for 237.92 on 11/30/2009 -- ]nvoice #11494 for 2,204.85 on 12/02/2009 --- Invoice #11504 for SOS.06 on 12/09/2009 CURRENT 1-30 DAYS PAST 31$0 DAYS PAST 69-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 0.00 2,091.41 0.00 0.00 21,762.33 $23,853.74 DEC/08/2010/WED 12;46 PM FAX No, D,01G MedStaffers 19 Brookwood Avenue Slzite X 03 Caxlisle, PA 17013 717-243-3485 To: 1'ox SubAcute 120 South Filbert Sweet Mechanicsburg, PA 17055 Statement Date 12/31/2010 Amount Due Amount >;nc. 523,853.74 Date Transaction Amount Balance -- Invoice # 11513 for 215.00 on 12/09!2009 ---Invoice #11520 for 649.75 on 12/15/2009 ---Invoice #11529 for 666.50 on 12/22/2009 -- Invoice #11539 for 516.00 on I2/29/2009 -- lnvoice #FC 866 for 280.34 on 12/30/2009 -- Invoice #11564 for 258.00 on 01/13/2010 -Invoice # 1 ] 574 for 209.63 on O 1 /20/2010 -Invoice #11582 for 688.00 oa 01/29/2010 ~- Invoice #1;C 917 for 446.63 on 02/01/2010 --- Invoice #11590 for 688.00 on 02/03/2010 --• Invoice #11606 for 86.00 on 02/09/2010 -- lnvoice #11615 for 258.00 on 02/17/2010 -Invoice #11624 for 247.25 on 02/24/2010 --Invoice #FC 927 for 275.55 on 02/26/2010 -Invoice #11632 for 189.85 on 03/03/2010 -- Invoice #11655 for 236.50 on 03/17/2010 -- Invoice #11664 for 9]9.13 on 03/24/2010 --• Invoice #11673 for 258.00 on 03/31/2010 -- Invoice #FC 939 for 434.22 on 03/31/2010 -- Invoice #11681 for 687.50 on 04/07/2010 - Invoice #11697 for 258.00 on 04/14/2010 --Invoice #11708 for 258.00 on 04/21/2010 -- Invoice #FC 953 for 426.81 on 04/30/2010 -- Invoice #FC 967 for 440.52 on 05/28/2010 --- Invoice #PC 978 for 96.44 on 06/03/2010 -- Tn'voice #FC 985 for 560.99 on 07/07/2010 -- Invoice #1~C 1002 for 428.97 on 08/02/2010 CURRENT 1-30 DAYS PAST 31-60 GAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE bUE DUE PAST DUE 0.00 2,091.41 0.00 0.00 21,762.33 $23,853.74 VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~~ TA K. KREBS, President Alma Health LLC d/b/a Medstaffers, a Pennsylvania Corporation Date: January 11, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 24 PM 2: 41 CUMBERLAND COUNTY PENNSYLVANIA Alma Health LLC vs. Fox Subacute Management, Inc. Case Number 2011-267 SHERIFF'S RETURN OF SERVICE 01/20/2011 03:18 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 20, 2011 at 1518 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Fox Subacute Management, Inc., by making known unto Virona Rowe, Receptionist for Fox Subacute Management, Inc. at 120 S. Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.44 January 21, 2011 RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF i'i I ntVSUite? Shen'f. Te,'eusuft. Ini -ou Alma Health , LLC Case No. 70 Fox Subacute Management Statement of Intention to Proceed To the Court: The Plaintiff -0'6 CD C") intends to proceed. with the . ' ove captioned matter. Print Name Marcus A. McKnight, III Sign Name Date: October 21,2014 Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty -day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty -day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.