HomeMy WebLinkAbout11-0269ALMA HEALTH LLC d/b/a,
MEDSTAFFERS, a Pennsylvania Corporation,
Plaintiff
v.
CAMBRIA CARE CENTER,
f/k/a LAUREL CRE5T REHAB &
SPECIAL CARE CENTER,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
CIVIL ACTION -LAW
N0.2011 -a(~y 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 N
'~,L ~
---~r;',
(717) 249-3166 °'''"~ ^°
'~ ~~ -''
7
1-800-990-9108 h..;•
~ ~- c.., ! r-~,..~
c,,t .
~~~. DU ~°~~7
~ ~~-~3 5S3
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,
MEDSTAFFER5, a Pennsylvania Corporation,
Plaintiff
v.
CAMBRIA CARE CENTER,
f/Wa LAUREL CREST REHAB & .
SPECIAL CARE CENTER,
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, CABRIA CARE CENTER, f/k/a LAUREL
CREST REHAB & SPECIAL CARE CENTER 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 Cambria Care Center, f/k/a Laurel Crest Rehab & Special Care Center
with an address 429 Manor Drive, Ebensburg, Pennsylvania 15931.
3.
The parties entered a contract for services dated September 9, 2009, a copy of which is
attached hereto and marked as Exhibit "A".
4.
3
To date, the Defendants have incurred unpaid services with the Plaintiff in the amount of
Nine Thousand Three Hundred Thirty Seven and 97/100 ($9,337.97) 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 $1,500.00.
WHEREFORE, the Plaintiff demands judgment against the Defendants in the amount of
$9,337.97 plus reasonable legal fees in the amount of $1,500.00, costs and interest as permitted
by law.
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
By: ~_
Marcu, A. Mc fight, I, Esquire
Supreme Co I.D. #: 25 76
60 West Pomfr t Street
Carlisle, PA 1701
(717) 249-2353
Date: January 11, 2011 Attorney for the Plaintiff
4
DEC/10/201D/FRI 11.29 AM
FAX No,
~, 002
~AGIL~TIr 9TAFFlNG AGREEl1tl>g!!I
THi9 AGRF~MEIdT, made pnd entered into this _l~._ day of, ~~ 2009, by
and beiweon ALMA HEALTH LLC dlbla Medstpffers, L.L.C., a Pennsylvania corporation (hereinafter
1 .~rif~ +'~:i.71Sf~r~!'~li~ )r~~` r~f~ •~.w„-_ •Y•;^..n. .n.:7 t
nsfelTed to as °ALMA HEALTH") an~d~ . ~ "`
. .
f "'~~ ~ s (hiosreihafter referred to as "FACILITY').
WMsptEAS, the FACILITY requinss nursing personnel (herelne~fter r+afemed to as
"PERSONNEL") to work v®rious shifts in and for said FACILITY; and
WHe FACILITY d~ire,S that ALMA HEALTH provide the required nursing personnel;
and
WHEREAS, ALMA HEALTH desires to supply to FACILITY with the required nursing
personnel, subject to the availability of such Personnel by ALMA WEALTH ;and
WHeRr~-s, ALMA HEALTH has or will recruit all necessary Personnel in an efbrt to meet the
nursing personn®I needs cf the FACILITY; and
WHEREAS, ALMA HEALTH deslnss to usa SUBCONTRACTED AGENCIES to supplement
staff ALMA HEALTH Is unable to provide,
Now, TwEReFOR~, the pslrties agree as follower
1. APPLICABLE iDE INIF TIONS
PERSONNEL -shall be defined as Registered Nurses (RN), Licensed Rrectioel
Nurses (LPN), and Certified Nursing Assistenoe (CNA) and Allied He41th Professionals
acting within the scope of their respective license or certification performing tasks
assigned by the FACILITY through ALMA HEALTH and their SUBi/dNTRACTED
AGENCIES.
FIRM AVAILABILITY ~ shell be defined as the apscific personnel needs, which
FACILITY seeks to have ALMA HEALTH provide. Said F1RM AVAILABILITY shall be
determined by a projected patient census and staffing requirements as determined by
the FACILITY.
GUARANTEED Tllt~l~ -shell be defined es a request for PER8G?NNEL, Which cannot
be canceled for any reason and fiat which the FACILITY Ic subject to full billing. The
FACILITY shall designate which shifts are GUARANTEED TIME.
~w~Tr~r STAFFING wrse~na~-rr
awrMA i~Al~TH LLe
313PT 16, 2009
Page 1 oP 13
~'../
DEC/10/2010/FRI 11;29 AM FAX No, F, 002
EARLY REQUESTS -shell be defir+ed as requests 'for PERSONNEL rGoePwd four (4)
to six (®} weeks before tl'w ®cheduling need.
EiiILRGENGY REQUEST -shall be defined as requests for PERSONNEL received
leeo than r,,,,e~y (let) hours before the scheduling need.
SUPPLEM@NTAL STAFF ,shall be defined as the service provlded by ALMA
HF~gLTH when ALMA HEALTH PERSONNEL supplements the tl~xlsting staffing needs
of the FACILITY.
I:LOATING -shall be defined as the rerrloval or transfer of ALMA HEALTH
PERSONNEL to an auinnrnent other than the original assignment,
SUBGONTRACI'ED AGENCY (-IE9i -- shall be defined ae those agendas that ALMA
HF_AI_TH has entered into a legally binding agreement with in oRier to aid in
supplementing s#affing needs of the FACILITY.
4. PROCEDtJ E TO REC,tOE$T SERVICES
a. FACILITY shall notify ALMA HEALTH in writrting, telephone or vis fax, of their
PERSONNEL n®eds. Any such requests shall be deemed a FIRM AVAILABILITY inquest.
b. In the event ALMA HEALTH cannot fulfill a PERSONNEL regt,~st, provided said
request has been placed at least one Weak in advance of the schedul~g need, A!_MA HEALTH shall
give FACILITY notice, via telephone andlor fax verification, of ALMA HEALTH inability to fulfill the
FACILITY's PERSONNEL request. Thereafter, ALMA HEALTH wilt contact SUBCONTRACTED
AGENCIES to 1'111 any needs that ALMA HEALTH le unable to fill.
c. In the event FACILITY seeks on EMERGENCY REQUEST, -FACILITY shell contact
ALMA hIEALTt-l via telephone as soon as practicable prior to the scheduling need. Within thirty (30)
minutes of receipt of FACILITY's EMERGENCY REGiUEST, ALMA HF_At.TW shall notify the pr'e-
de9ignated 8oheduling Contact at the FACILITY Tae ALMA HEALTH 's Ability to fulfill the FACII.ITY's
EMERGENCY REQUI~8T.
3. AL.A1A_HEALTH'SgENERAL RE9~O~iBILITIES
a. Upon receipt of a request by FACILITY, ALMA HEALTH shall assign a>s many such
PERSONNEL as are available for such assignment.
b. ALMA HEALTH will use SUBCONTRACTED AGENCIES for assignments that ALMA
~i'ACU,+T7'Y .g'I'Al~tiAGItEEME1VT
ALMA HEALTH LLC
9AIrl' 16, 2009
Page 2 o~F 13
DEC/10/2010/FRI 11;30 AM FAX No, >',G04
HEALTH cannot till with own personnel.
c. ALMA HEALTH dQee not guarantee at e~ny ~mg that all orders will be filled by ALMA
HEALTH pensonnel. ALMA HEALTH will go to subcontracted agencles to meet facility needs to the
best of tirsit abil'dy. ALMA HEALTH does net guarantee at any tlm® that all orders wiN be filled by
SUBCt~NTRAG'TED AGENCY personnel. Iti the event that these are routinely needs not being rnet,
ALMA HEALTH will add addfional agencies to subcontract with.
d. ALMA HEALTH wlil require FIRM AVAILABILITY from FACILITY two (Z) to six (6)
weeks in advanoe_
e. Requests for PERSONNEL can be acceptod up to twenty six (Z6) weeps in advance.
The earlier the requests and received the sealer to fill the shifts needed. GUARANTEED TIME is
defined as PERSONNEL needs that cannot be canceled for any reason and are subject to full bllling
except for mutual cancellations.
f. EARLY REQUE57S and GUARANTEED REQUESTS will rsaeive top prior~#y.
g. ALMA HF~41,TH shall maintain an employee file on each of its PER5ONNEL
containing the following:
(1) A completed applloation which includes skills, specialties and preferences
(Z) Documenta8on of special educatlnn or training
(3) Skills check list for each employee
(ei) 11NO recent Work ['e'ferphceS
(5) TB test and evidence of health statue in accordance with stat+s regulations
(6) Dates hired and oriented
('T) PertormancC evaluation
(7) Copy of current license, regis#ration or certlficatlt~n, as applicable including but ndt
limited to CPR and ~-CL5 eertificafion
(9) INS Form I-8 and documents establishing identdy and work suthQrization
(10) Competency verification through testing for RNILPN's with a score of 85% or better
(11) ~CNA's will have current proficiency screening
(1 Z) Current negatives panel drug screen
(13) Complete background checks induding but not limited to cximinal and the Office of
Inspector General Exclusion Gheck.
(14) OSHA/JCAHO/HIPPA In-service and testing yearly based on state & federal
~'sr STAFFQ[4.Al~B~EIVI&1VT
AI..MA HEALTH LLC
9EPT 16, ?,009
Page 3 of 13
DEC/10/2010/FRI 11:30 AM EAX No,
regulations
~, oo~
r Adu P O A
ALMA MF.AI.TH acknowledgos the requirements of the OAPSA, which contain in part the
requirements pertaining to reports of cx'Iminal h~tory record IMorma#iotl, have application in
the performance of services under this agreement ALMA HEALTH certif~s that Prior to
$ssigning any personn4l who have dlent contact with residents or who may have
unsupervised access to personal living qugrters, ALMA HEALTH will obtain a report of
criminal history record information, OIa exclysion verlncatlon, all federal and state hiring
documentation and other documentation li~ad above, and pravid® a copy Of such
documentation to FACILITY andJor FACILITY'S regulating agendas upon request. ALMA
HEALTH will indemnify and hold FACILITY harml*u~ from any and all daims, actlone,
damages, liat>ilfies, cysts and expenses, includir~ reasonable attorney's feed and expenses,
artslnp out of any claim or an ac~uel Ending of failing to comply with OAPSA or not having
'Fu~iNed the other documentation naquiremer~ts herein listed.
h. ALMA HEALTH shall take all nsasoryable efforts to rnatcfi the sktUe and experience
levels es provided by its PERSONNEL, 0e set forth in employment applications, licenses and
certifications, to the specific needs of FACILITY.
I. IERSONNEL will perform a variety pf services within the scope of their license or
certification afiich will continuously change bas®d on the needs set forth by the FACILITY. ALMA
HEALTH will recruit PERSONNEL on an ongoing basis and will provide qualified PERSONNEL
based on the availability at the time of the scheduled reed. The placement of qurwlHied PERSONNEL
In a FACILITY is up to the discretion of ALMA HEALTH and depends on the availability of
PERSONNEL.
j. ALMA HEALTH and SUBCbNTRACTED AGENCY PERSONNEL shall report to its
designated supervisor at the FACILI"I'Y before shefie beglha Working.
k. ALMA HEALTH will be available to FACILITY 24 hours a day, seven days a Week.
L, ALMA HF~-LTH shall give FACILITY priority servlc®, that ia, FACILITY orders will
receive priority over orders of non-contraact fadlities, however, contract requests will be nn a first
come first serve basis.
m. All PERSONNEL assigned #v FACILITY pursuant to this agreement shall, for the
$wcn,rrsr Srn,~,w~ssra~Nr
ALMA HEALTT3 LLC
~T ~~, coos
~~aoi'13
~,..~
DEC/10/2010/FRI 11;30 AM FAX No.
~, GOE
purposes of this Agreement, be considered amplbyees of ALMA HEALTH . AtJ1ilA HEALthI Is
responsible for monitoring ell gUBGONTRACT AGENCY personnel snd dsaNng with any and all
issues that may arise while said subcorltract8d personnel ar+s working in FACILITY_
n, ALMA HEALTH is an independent contractor to the FACILITY.
o. ALMA HEP-LTH AND ALL BUBCONT'RACT~p FACILITIES ARE in Celrlptlence with all state
and federal laws applicable to the employment of the PERSONNEL assigned to FACILITY.
p. ALMA HEALTH agrees not to didortminate in the assignment of Its PERSONNEL on
the basis nt rr~Ce, creed, color, national origin, sex, age, disability, or veteran status.
q, ALMA HEALTH agrees not to at anylitne or in any manner either directly or indirectly,
divulge, dlsdose, or wmmunioata to any person, organization, and eorp0l'atiorl any infonnatibn
concerning any matters affecting or relatiliQ to the business of the FAC{CITY, its employees, or
patients except as required by the law_
r. ALMA HEALTH shall maintain at Ks sole expenSQ a valid professional liability
insuranoe policy of One Million Dollars ($1,000,000.00) per occurrence and Six Million Dollars
($3,000,000.00) aggregate during the term of this agreement. Upon signing this agreement, ALMA
HF_ALTH will supply FACILITY with a Certificate of Liability insurance, and will notify FACILITY prior
to cancellation, reduction or rrtateriai change In Coverage in the future. ALMA HEALTH shall
maintain requlnd workers compensation insurance for all of ALMA HEALTH '& emplvyees placed in
FACILITY, SUBCONTRACTED AGENCIES will be responsible for their own insurance coverage.
Evidence of such wip ba provided prior to placement of any Subcontracted personnel.
s. ALMA HEALTH shall be responsible for ensuring that all SubaontrACtor relatiohships
fail Within the same scope of requirements and generell business practices. ALMA HEALTH will
monitor all Subcontrslt~or agenaes to ensure bhgoing compliance. All Subcontractor' employees
must meet sem® requiremenrts as ALMA HEALTH personnel prior to placement.
k ALMA HEALTH will sled which agencies they choose to use as SUBCONTRACTED
AGENCIES.
4. FACILITY RSSPON~BIU~
a. FACILITY shall use ALMA HEALTH . as Its Dole source of SUPPLEMENTAL
STAFFING. FACILITY will refer any outside agendas not COtltracted with ALMA HEALTH to contact
ALMA HEALTH directly.
F~C1LrlY STAFN"QHG AGR~iCllt~'~
ALMA k~ALTH LLC
3EPT 16, 2009
Pa~E 5 of 9 3
DEC/10/2010/FRI 11;31 AM
FAX No,
F, 007
b, PERSt1NNEl provided by ALMA HEALTH for the farm of this contract are' the
employees of ALMA HEALTH or are employees of SUBCONTRACTED AGENCIES.
c. FACILITY will take nb steps to recruit es its own employees thou PERSONNEL
provided by ALMA HEALTH during the term of this Agreement unless agr'eil~d to prior to placement.
Tt-e FACILITY further aaknawied9es the oonsider~ble expense incurred by ALMA HEALTH to
edveitise, neq'ult, interview, evaluate, reference check and supervise its employees. Accordingly, the
FACILITY may not hire ALMA HEALTH 's Personnel un(eiss an "Intent to Hire" agreement is met.
"Intent ~o Hire" - 1) If FACILITY seeks to hire the ALMA HEALTH eMpidyee at the end o'f
the empbyee's gUARANTEED term assignment, in this case no less than 90 days, the fee fora "buy
out" of the services will ps waived. Thereafter the said ALMA HEALTH employee e~riployment rights
are transferned to the FACILITY. ff hir+ed under 90 days, the fee wail be negotiated on a case-bY-case
basis.
e. FACILITY shall provide sufAoiant information about its specific needs so #hat ALMA
HEALTH can match the skills arfd experience of PERSONNEL to those needs.
f FACILITY shall ut111~ assigned PERSONNEL 6nly for the specific art~peoislty need
requested.
0. PERSONNEL may be 'tetflporarily reassigned to a different work area. if
PERSONNEL does not have sutfld~ont oriertation or experience in the type of work performed in the
temporary work area, PERSONNEL will be required to perform 811 basic nursing functions, but will not
be required to pertorri tasks or procedures for which PERSONNEL is not qualified or trained to
perform, nor wilt PERSONNEL be required to assurrie sole acoountab~ity for pstient Dare
assighments. If reeseigned PERSONNEL has sufficient orientation or suftleient experience in the
type of work performed in the temporary work area, PERSONNEL will be required to assume sole
accountabili~yy for patient care eesi~nments."
h. FACILITY agrees that ALMA HEALTH 's duty to fill es9ignments is subject to the
e~vailability of querlKied Personnel.
i. FACILITY agrees to provide orientation necessary for the specific unit assignment,
which includes physloat layout of the unlt/feicility.
j. FACILITY nursing supervisors will assist ALMA HEALTH , on a continuing basis, with
ev8luatlon of ALMA HEALTW PERSONNEL bar providing performance lnformati4n and/or access to
dlnical areas for observation by ALMA HEALTH 's Clinical Director.
~+'AC~•iTY STAFFI'lV~,~jc31EB~1ltli~ 7~T
ALMA HEALTH LLC
SBPT 16, 2009
Page b of 13
DEC/10/2010/FRI 11:31 AM
FAX No,
p, 008
k, FACILITY .shall allow ALMA HEALTH PERSONNEL (on their owri time) to attend
appropriate facility staff development programs.
I. FACILITY shell notify) ALMA HF~-LTH Irrtrnediabely of the initiation of any colmplalnf,
Inquiry, investigation, ar review with ar by any licensing or regulatory authority, peer review
or+ganizaNon, FACILITY committee, or other c~ommit~, Qrganlxetion which directly or indirectiir,
evafuatbs or focuses on the quality of care provldKl by ALMA HF_Al_TH ar Its pE=RSONNEL either in
any speafic instance or in general. ALMA HEALTH will handle any ertd all ihvestigataons with those
agencies that they have entered Into a subcontracting epsnoyi with_
m_ FACILITY will make available to ALMA HEALTH copies of ell docilmentatiorl about
problems or incidents in which ALMA HEALTH 'a or SUBCONTRACTED AGENCY employees an:
involved.
n. If, in the sole discretion of the FACILITY, any ts'raon easigned by ALMA HEALTH i,
incompetent, nagtident, or has engaged in misconduct, FACIL17Y may require such person to leave
its premis4s and shall inform ALMA HFr4LTH of tfii5 action immediately. The dismissed empidyee
small rat be assigned to the FACILITY thereafter. The FACILITY'S obligation to compensate ALMA
HEALTH for send services shall be limited to the hours advally worked by such person and
FACILITY shall have no further obligation with reapaet 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 iwo (2) hours prior to reporting time everyr
attempt will be made to Till the request. If the PERSONNEL accepting assignment Is unable to ®nive
at the exact start time duet' #o the short notice, the FACILITY will be billed for the entire shift iF notice of
request was r+9aeived less then 2 hours before start time.
p. If FACILITY changes or cancels en order less than two (2) hours before reporting time,
FACILITY shall be liable far four (4) hours at the houHy rate far the PERSONNEL involved. FACILITY
th@n r+ssenres that right to then employ the nurse for four (4) hours.
q. FACILITY agrees not to dlsairrlinate in the assignment of ALMA HEALTH '
PERSONNEL on the basis of race, creed, color, national origin, spit, ago, disability, or veteran status.
r. FACILITY shall maintain at its sole expense a valid policy of insurance ceverin~
profesoional liability ari'inQ from the acts or omissions of FACILITY'S employees. FACILITY shall
fonnrard a Certtlicate of Insurance to ALMA HEALTH upon request and give ALMA HEALTH prompt,
written notice of any change Ir1 FACILITY'S coverage,
FAC ~
ALMA HBAL't'H LLC
SEP't' 16, 2009
Pte 7 of 13
DEC/10/2010/FRI 11:31 AM
FAX No,
p nOg
5. TER~Ii OFD R T
This temp of thiC Agreement shslil asmmence on the daY ~
_ _.~; ,and shall continue for a period of twelve (12) months from the commencx~mont.
Unless wntten notice of termination is glvr9--rY by either party to this Agroamer~ sixty (60) days
prior to the end of the Aforementioned term, this Agreement shell nutomralticstlly be extended for an
additional like period grid so on until terminated as above set forth.
6. PAYMENTS.I VOICES.
a. ALMA HEALTH will furnish FACILITY with a weekly inwiCe of services provided. The
rates for its servlGes are attached as Exhibit A to this Agreement. The rates for services established
in F~ibit A can be prospecthrely amended by ALMA HEALTH at any time upon thirty (30) days
written notice to FACILITY.
b. FACILITY shell pay ALMA HEALTH as providod, entftied Peym®nt Terms. Payment
due upon receipt of invoice. Accounts not patd In full within 30 days of billing ahsll be subject to a
9.?9b per 30 days overdue. FACILITY shall also be responsible for any and all counsel fees and
costs assodirted with the coilectlen of ov®rdue balentate,
a. GUARANTEED REQUESTS and bookings for PERSONNEL cantfot be canceled and
are subjdot to cornplets billing whether Paraonnel are used or not except mutual cancellations.
7. ~IFICATIOM AND WAVER OF AGRpEYENT
The Agreement shall constitute a full, complete, and total bind~g Agneement betwaeh th9
parties and is precluded frorrl amendment or modification EXCEPT if the partleie ~scific811y agree to
modfEy this Agreement,
Any end all modfications to this Agn3erttent shell only be by written agreement containing the
same fotrrtalities as this Agreement and she01 exhibit the notar~d signatures of Moth parties, along with
tvrq w'~trlesses.
Any uw~iver of a breach of any provisbn cif this Agreement shall not const~ an ongoing
waiver-
c
A,T,MA HEALTH LLC
SEPT 16, 200
Page 8 of 13
d~
DEC/10/2010/FRI 11;32 AM FAX No, P•O10
s. o ~'
Either party can terminate this Agreement, with or without crush, upon sixty (60) days written
notice to t»e other party. Notices of terrnina~ion must be sent to the parties as listed Within this
Agreement.
9, Pte, OR AGR ' TB
This Agn38ment constih~ the et'itire understanding artrJ agreement betweon the parties hereto,
and there are no other ropr+eserrtations, w0-rran, covenants, understandings or agreements other
than those expressly stt forth hen:in.
1Q. BREACF~,AND ENFORC~IEN'f
Ii wither pargt hereto breaches any of the pn~visions o~'thle 14et+eernent, the other party ehsll have
the right #ci bring arty actions or actior+s in law or equity for ouch breech.
11. NOT'I
All notices shall be in writing and shall be addressed to the parties as set forth beslaw. Notioe+s
shall be effectMe upon rrzceipt when delivered personally or sent via US Certified Mail return receipt
requested to the approprldte addresses listed below and shall b4 wfi<ective upon mailing when
property addressed with postage pr+epeld,
AI,MAN6~l.TH
ALANA HEALTH , L_L.G.
COrporatg Headquarters
19 Brookwood Avenue
Sul#a 103
Carlisle, PA 17015
F CIL
.~a~' ~ ~
~~~ ~~l
1 R. A~ ,, IWS'I'RUAItBNT~
Fah of the parties hsreta agrees that It will Join in the execution, eicknowledgment and delivery
of any other docum®nt which may tro reasonably necessary to carry out the intent of•thlr Apreemer>f,
and, in the avant either of the peuties hereto would not join in the execution, acknowledgment and
FACit.r~ STAFFING AG]ew>Ea~N~'
ALMA HEALTH LLC
SHPT 16, 2004
Wage 9 of 13
d~~ `
-EC/10/2010/FRI 11;32 AM
FAX No,
'~, (i 1
delivery of such instrument, then ouch party does hereby irr8vocgbly appoint the other party hereto as
its Attorney-in-Fact to execute, aclvtowled~ge aht) deliver such instrument hwt®by ratify~lg all that such
other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Polder of
Attorney to carry out the intent and purpose of this paragraph.
~~. VOI.uNTARY ~UT~O_I~
The provisions pf this Agreement end their legal ®t'6ect hnv~e bean fuAy explalnrd tb the parties
by their respective lapel representatives, ohd each party adcnowledgee that the Agreement is
fair end equitable, that it is being entered into wluntariry, with full diadosure and that it Is no the
result of any duress or undue influence.
14. ENTIR~AQBEEMENT
This ~gr+eemer~t Oontalns the entire underatsnding of the party and there are not
ropreset~tations, watrantlees, c~vvenants ar undertakings other than those expt~saly get forth
herein.
1 ~ CONF)
The terms of this agreement ere confident~l, and each party receiving any proprietary ryr
corrfiderttial information from the other party or its dienta shall e~oercise reasonable efforts to
prt3aetv~e the confidentiality of said ir>forma'lion.
16. C4MAP_L~ANCE ~,CKNOWLEl1f~1LNT
ALMA HEALTH and FACILTY represent and warrant that they are and Shall remain throughout
the tMm of this agreement in compliance with ell applicable federal and state IAWs sold
reg~ations related to this agreement end the services to ~ provided, includng without
ilt'nitation, statuk~ and regulations related to fraud, abuse, false c1aN~e/statemerrtr;, refierrais
and prohibition of kickbarl0~,
ALMA HEALTH also represents and warrants, by slgninp anti returning the attecr~r3c1
acknowledgment, that ALMA HEALTH aptees to comply with the compliance protocols that
impact andNary providers under FACILITY'S oprporate compliance plan and/or code of
conduct.
~,~r~i.l(TY i~"TA~NG AcaRazn~twr
ALMA HfiALTH LLC
5kP"C 16, 2009
Pagc 10 0#' 13
0..~
DEC/10/2010/FRI 11:32 AM FAX No, P. 012
1T. APPLIC E LAW
This Agreement sha0 be interpt~ted in accnrdenoa with the Taws of the ComMornNaafth
of P®tmsylvania. Any end all disputes which areas as a result of t111p Agreement shall be heard in
the Court of Common Pleas of Cumberland County, Pertnsylvania_
18. F _ UD AN ABUSE
ALMA HEALTH r®pnssents x~nd wr~rrrants that neith®r K or any of it.~ PERSONNEL. employees
or dents have been suspended or excluded by any govemmerlt agency or court from
part~ipating in the Medicare, Medicaid or any Fsdowdtl or State Health Care propratn. In the
event that ALMA HEALTH or any of its PERSONNEL, employees or agents should become
suspended or exdudsd from partidpadnp in the Medicare, Medicaid or any Federal or any
Federal or S1~te Health Care plrogram, ALMA HEALTH shat) immediately notify FACILITY.
Notwithstanding r+ny other provision in this Agreement to the cotltrary, suspension ar
exclusion of ALMA HEALTH by any government agency or court from perticip4tinq in the
Medicare, Medicaid or ahy Federal or State Health Care prognarri shall result in the immedls~te
terntirtation of the Agreement. Moreover, the failure by ALMA HF_AI_TH tc~ remove from its
employ or to osase doing businesES with any PERSONNEL, employee or agent who has been
excluded by any govemrnent agency or court from participating In the Medicare, Medicaid, or
any Fede1'el or State Health Care Program shall result in the immediate t6~rf'ninatioh of this
Agreement Upon termination of the A®n:ement under this paragraph ALMA H~At,TH shall
be entftled to 16Ceive only fees accrued but unpaid for Services which were actually provided.
zo, yaD ~LAUSI~s
if any term, condition, clause ar provision of th~ Agn;emertt chat) be determined or
declared to be void or invalid In law or otherwise, then only that term, condition, olauce or
provision shall be stiic~en from this P`gniement and in aN other respects, this Agn~ement shall be
valid and continue in full force, effect and opePation
REMAI,NL~ER OF THlS PAGE HAS BEEN !N1'ENTIONALLY LEFT BLANK
~r~~~baer~r
ALMA HEALTH LLC
SBPT 16, 2009
Pagc I t of 13
DEC/1D/2010/FRI 11.33 AM FAX No, p, 013
IN WlTNE9S WHEREOF, the prirtres hereto have exECUted this A~roemertt on the day and year first
above written.
WITNES$-ATTEST:
ALMMA
v/.'
FACILITY
~~
Title: ~ `~^ , ;' ~----
FAQLi7']CSTAFFTNG AGR1rIT
ALMA HEALTH LLC
SEPT 16, 2U09
Pego 12 of 13
DEC/10/2010/FRI 11;33 AM FAX No,
~~~~=~~,
A ~ ~~
Aotflerrdwa A - tt~uu~ RA TitiS
RAr>:s: 7-3 3.11 ~~My
RN W(~ekdgy =6aoa ssaoo ssaoo
~rr.krtrd sr~.oo s~ oo $s2oo
telrcaa~s s3e.oo s3e,oo $~on
tpn- uldra~rriay ~.oa ~.oo x*.oo
wWtreek.rre s~~oo sad,oo tc3~oo
CNA WbNadey 1123.00 123,00 a7t+.l400
LNbekend $24,00 32.00 $$4,p0
HOL/DAY9: MoNdays ane bYbd stone and one half of the hoUrhr rata. Weekend. begin at 3pm Friday and sntl lam Nbnday,
p, 014
New Years Eve (3.11, 11-7) LAbor pay (shlR elating prior to the holiday 11.7',7, 3-11, 11-7)
New Year's ~y (7,1.9-11,11-7) Thanksgiving (ahNt ab tin ilk hoFdey eye 11-7, 7~i.3-d 1,117)
kAenatNal Oey (ehiRst$rtlrl~ pfidt ti ho3dey 11.7, 7-'J, 3-11, 11-7) Christrnas tiVe (J-11, 11-7
(ndependdnce Day (shlR atarrling prior m holiday 11.7, 7.3, 3-11, 11 T) ~tiebnas pay (7.3, 3•t 1, 11•'77
7~?MS: Involaee are .Walled vuaekly end are payable upon rtrcelpt. Acxounts not pt•Id within 30 days w~l be sub)act td a 1.696 suroherge
par 30 deye overdue.
6rMUanteed Ttr/E
tyrrar•~tead thn* k defined ec Pltsa+nal needs that cannel ba cenoeied for any rerrerran and are sut>Jed bo fu8 bNling ertoopt for mutual
ca~ROMlatrbrrs, Early requeab ahd guarantied request wiU recelrs top priority. Guarontesd nequesie and bool6ngs for PeraotlMl oAt~trot
be canaebd and ere subJeat to conrplele bAUng whether Pelsolrrel are used or not accept for mutual canoMlallorrs. Emergency IRequosls
aro -e9~b that aro made tiro hears prior to atartln0 Eime and are subJect tq 4N11 ihiR brlting even d the pertiohnet is not able ~ arrive at
the designated eaut of the shat.
Nlhn9 Policy: MedStaNers eMrployees cannot be hired. placed or i6ieigrrtd to that fadllbr dvring a period of one year ale wrNten
termination oftlr provld~ r~rasnmt Ad placranerde and asslgnnren~ of personnel already t+rorlclhg id the y oan~lonly be pled
through MedSbl~era. In the event Facii~r hire t MetlStatiers EmpleyM, Pata7eyr wW Pay MedBhllata a Aqul~tlon ha of twenq- (n046)
percent of Rmpbyee'' annua®pd eelary M ooneWsfetlon of the coals inarrai) by Medt3talt'ars Iso recall Mnd releln Rs Empbyaes.
1*ayntent to 11A1dStiffers of the 64uldatidn fee wilt be pskl witlrln fourteen (14) days of aF payment for Geld Nquidation fee from diem.
L:AIWCBLLA77WYS;
fE faciley ahar~es or carrnle on order bas than two (~ hours before reporling trrna, faalhy shah be Nabb for four (4) hours et d1e hourly
rate for Ehe Pelbonnel irlvolvP,d. Faoillly then reserves the f~ht tb then employ the nurse idr four (4) hours.
DEC/08/2010/WED 12, 43 PM FAX ?PTO, F. 002
MedStaffers
19 Braok~vood Avenue
Suite 103
Carlisle, PA 17013
717-2~F3-3485
Bfll To
Cambria Care Center
Attn: Owen Larkin
429 Manor Drive
trbensburg, PA 15931
Finance Charge
Date involve #
12/8/2010 FC 1029
Terms
Desci1ptfon Amount
Finance C[targcs on Ovcrduc Balance
Invoice #11566 for 5,000.00 on 01/14/2010
Invoice #11720 for 2,500.00 on 04/30/2010
Invoice #FC 979 for 647.31 on 06/07/2010 1,190.66
TOta ~ $1,190.66
Payments/Credits $o.oo
Balance Due $1,190.66
DEC/08/201D/WED 12:43 PM FAX No, P,GC3
MedStaffers
19 Brookwood Avenue
Suite 103
Carlisle, PA 17013
717-243-348
Bill To
Cambria Care Center
Attn: Owen LarFdn
429 Manor biive
Eb~sburg, PA 15931
Finance Charge
Date Invoice #
12/8/2010 FC 1029
Terms
Description Amount
Financc Charges on Overdue Balance
Invoice X11566 for 5,000.00 on Ol/1~F/2010
Invoice # 11720 for 2,500.00 on 04/30/2010
Invoice #i~C 979 for 647.31 on 06/07/2010 1,190,66
Total s t,190.66
Payments/Credits so.oo
Balance Due $1,190.66
DEC/OS/2010/WED 12;43 PM FAX No, P, 004
MedStaffers
19 Brookwood Avenue
Suite 103
Carlisle, PA 17013
717-243-3485
To:
Cambria Care Cancer
Attn: Owen I~ar]Cin
429 Manor Drive
Ebensburg, PA 15931
Statement
Dafe
12/31/2010
Amount Due Amount Enc.
$9,337.97
Date Transaction Amount Balance
12/31!2009 Balance forward 19,689.75
01/06/2010 1NV #11551. Duo 01/06/2010. 4,159.00 23,848.75
--NSVCS $4,159.00
Ol/06/20]0 INV #11557. Due 01/06/2010. 307.00 24,155.75
- NSVCS $307.00
01/13/2010 1NV #11565. Due 0 111 3/20 1 0, 180.00 24,335.75
---NSVCS $180.00
01/14/2010 INV #11566. Due 01/14/2010. 5,000.00 29,335.75
---13uy out Fee, 1 Q $5,000.00 = 5,000.00
02/24/2010 PMT #10'10. -307.00 29,028,75
03/01/2010 PMT' #225084. -5,498.75 23,530.00
03/0]/2010 PMT #225084. -8,328.00 15,202.00
03/01/2010 PMT#2250$4. -5,863.00 9,339.00
03/01 /2010 PMT #225084. -4,159.00 5, 180.00
03/01/2010 PMT #225084. -180.00 5,000.00
04/3 0120 1 0 INV #11720. Due 04/30/2010. 2,500.00 7,500.00
--Buy out Fee 52,500.00
06/07/2010 INV #FC 979. Due 06/07/20] 0. 647.31 8,14731
Fiaancc Charge
--17in Chg S647.31
-- Invoice #11566 for 5,000.00 on 01/14/2010
--- Invoice # 11720 for 2,500.00 on 04/30/2010
12/08/2010 INV #FC 1029, Due 12/08/2010. 1,]90.66 9,337.97
Finance Charge
-- Fin Chg $1,190.66
- Invoice #11566 for 5,000.00 on 01/14/2010
-- Invoice #11720 for 2,500.00 oa 04/30/2010
-- Invoice #FC 979 for 647.31 on 06/07/2010
CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST DYER 90 DAYS
Amount Due
DUE DUE DUE PAST pUE
1,190.66 0.00 0.00 0.00 8,147.31 $9,337.97
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.
e ~ ~~
STA K. KRE S, 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
8«tttr atrunbcf444
OFFJC. ". ,IF€'
FILED-OFFICE ??,
OF THE PROTHONOTt,'t? i
2011 JAN 25 AM 11: 02
CU PENNSYICVA ANTF
Alma Health LLC
vs.
Cambria Care Center
Case Number
2011-269
SHERIFF'S RETURN OF SERVICE
01/19/2011 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return
receipt requested to Cambria Care Center f/k/a Laurel Crest Rehab & Special Care Center.
01/21/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Writ
of Summons upon the within named defendant, Cambria Care Center f/k/a Laurel Crest Rehab & Special
Care Center, in the following manner: On January 19, 2011 the Sheriff mailed by certified mail, return
receipt requested a true and correct copy of the within Complaint and Notice to the defendant's last known
address of 429 Manor Drive, Ebensburg, Pennsylvania 15931. The certified mail return receipt card was
received by the Cumberland County Sheriffs Office signed by Benjamin Koval on January 21, 2011.
SHERIFF COST: $43.44
January 24, 2011
SO ANSWERS, )?
RON R ANDERSON, SHERIFF
'..,Cll!t`; `y'SUIIE S! eY?rt. ?-01E'i:i:i{l. II.;;.
• Complete Items.1, 2, and 3. Also complete
item 4 N Pmtkted Delivery is desired.
• Prietyour name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the hack of the malipiece
or on the front If space permits.
Cambria Care Center
Vk/a Laurel Crest Rehab &
Special Care Center
429 Manor Drive
Ebensburg, PA 15931
X y 0 Addressee
B. ReceWpdE?-(Prfr?llsd Name) C. Date of Delivery
cn or
D.
Aaddress dl0brer7t from 11 0 Yes
If YES, enter delivery address below: 0 No
3. Service Type
JUartiflied Mail 0 Exprm Mail
2 01 1- 269 0 Registered 0 Return Receipt for Merchandise
insured mail 0 C.O.D.
4. Restricted D* ryt Pft Fee) 0 Yes
2. Article Number 7006 0810 0000 7882 0120
(1larwarfiam service law
Ps Form 3811, February 2004 Domestic Return Receipt 102595-02401-1540
C
? E t FEB t 0 P? ?? ?~?
1.`;.
c'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALMA HEALTH LLC d/b/a,
MEDSTAFFERS, a Pennsylvania Corporation,
Plaintiff CIVIL ACTION - LAW
V. NO: 20117 269 CIVIL TERM
CAMBRIA CARE CENTER,
f/k/a LAUREL CREST REHAB & PRAECIPE FOR ENTRY OF
SPECIAL CARE CENTER, APPEARANCE
Defendant
4 .
Filed on behalf of Defendant:
CAMBRIA CARE CENTER
Counsel of Record for this Party:
M. THERESA CREAGH, ESQUIRE
Pa. I.D. #49695
209 Sigma Drive
Pittsburgh, PA 15238
Telephone: (412) 963-0700 x10191
Fax: (412) 968-0568
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALMA HEALTH LLC d/b/a
MEDSTAFFERS, a Pennsylvania Corporation,
Plaintiff
CAMBRIA CARE CENTER,
f/k/a LAUREL CREST REHAB &
SPECIAL CARE CENTER,
Defendant
CIVIL ACTION - LAW
No: 2011-269 CIVIL TERM
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of Defendant, Cambria Care Center, in the
above captioned matter.
M. Theresa Creagh, Esquire
Attorney for Defendant
Cambria Care Center
CERTIFICATE OF SERVICE
I, M. Theresa Creagh, Esquire, hereby certify that a true and correct copy of the
foregoing Praecipe for Entry of Appearance was served on the following by the United
States Postal Service, first class mail, postage prepaid to the following counsel of record on
the day of February, 2011.
Marcus A. McKnight, III, Esquire
IRWIN & McKNIGHT, P.C.
60 West Pomfret Street
Carlisle, PA 17013
(Counsel for Plaintiff)
M. Theresa Creagh, Esquire
Date: ? 7 11
4
FILED-OrFICE
2011 FEB 10 Ply 2: 2,
F P NSRt'e';n
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALMA HEALTH LLC d/b/a,
MEDSTAFFERS, a Pennsylvania Corporation,
Plaintiff
V.
CAMBRIA CARE CENTER,
f/k/a LAUREL CREST REHAB &
SPECIAL CARE CENTER,
Defendant
G
CIVIL ACTION - LAW
NO: 2011- 269 CIVIL TERM
DEFENDANT CAMBRIA CARE
CENTER'S PRELIMINARY
OBJECTIONS TO PLAINTIFF'S
COMPLAINT AND PROPOSED
ORDER OF COURT
Filed on behalf of Defendant:
CAMBRIA CARE CENTER
NOTICE TO PLEAD
To: Plaintiff
You are hereby notified to file a
Written response to the enclosed
Preliminary Objections within twenty (20)
days from service hereof or a
judgment may be entered against you.
M. Theresa Creagh, Esquire
Counsel for Cambria Care Center
Counsel of Record for this Party:
M. THERESA CREAGH, ESQUIRE
Pa. I.D. #49695
209 Sigma Drive
Pittsburgh, PA 15238
Telephone: (412) 963-0700 x10191
Fax: (412) 968-0568
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALMA HEALTH LLC d/b/a
MEDSTAFFERS, a Pennsylvania Corporation,
Plaintiff
CAMBRIA CARE CENTER,
f/k/a.LAUREL CREST REHAB &
SPECIAL CARE CENTER,
Defendant
CIVIL ACTION - LAW
No: 2011-269 CIVIL TERM
DEFENDANT CAMBRIA CARE CENTER'S
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
Defendant, Cambria Care Center (hereinafter "Cambria Care"), by its attorney, M.
Theresa Creagh, Esquire, and pursuant to Pennsylvania Rule of Civil Procedure 1028,
respectfully files the following Preliminary Objections to plaintiffs Complaint:
1. This is a breach of contract/collection action filed against defendant Cambria
Care, a privately owned skilled nursing facility located at 429 Manor Drive, Ebensburg,
Cambria County, Pennsylvania 15931.
2. Cambria Care Center is the fictitious name of Ebensburg Care Center LLC, a
Pennsylvania limited liability company with its registered office at 209 Sigma Drive,
Pittsburgh, Allegheny County, Pennsylvania 15238.
3. Laurel Crest Rehab & Special Care Center ("Laurel Crest") as set forth in the
caption of this case was a nursing and independent living facility owned and operated by
the County of Cambria. The assets of Laurel Crest were purchased by Ebensburg Care
Center LLC and its affiliates effective January 1, 2010.
4. The plaintiff Alma Health LLC d/b/a Medstaffers, (Medstaffers"), is a
temporary staffing company located in Carlisle, Cumberland County, Pennsylvania.
5. In its Complaint, plaintiff alleges that defendant Cambria Care was a party to
a contract with Medstaffers dated September 9, 2009 attached as Exhibit "A" to plaintiffs
Complaint ("Contract"). (Complaint Paragraph 3)
6. The Contract attached to plaintiffs Complaint is not with Cambria Care
Center. The introductory paragraph refers to "Laurel Crest Rehab & S C its successors or
assigns" and was signed by the Administrator of Laurel Crest.
7. Despite the absence of Cambria Care as a party to the Contract, plaintiff
alleges that defendant Cambria Care failed to pay for services rendered under the Contract
and owes plaintiff Nine Thousand Three Hundred Thirty Seven Dollars and ninety-seven
cents ($9,337.97) plus attorneys fees. (Complaint Paragraphs 4 and 6)
MOTION TO TRANSFER VENUE
8. Defendant Cambria Care incorporates by reference Paragraphs one through
seven above as if fully set forth at length herein.
9. The Contract between Medstaffers and Laurel Crest specifies Cumberland
County as the applicable venue for disputes arising out of the Contract. (See Section 17 of
Contract.) However, neither the Contract nor this provision is relevant or applicable
because Cambria Care is not a party to the Contract.
10. Pennsylvania Rule of Civil Procedure 2179 states, in pertinent part, that an
action against a corporation or similar entity may be brought in and only in
(1) the county where its registered office or principal place of business is
located;
(2) a county where it regularly conducts business;
(3) the county where the cause of action arose;
(4) a county where a transaction or occurrence took place out of which the cause
of action arose, or
(5) a county where the property or a part of the property which is the subject
matter of the action is located provided that equitable relief is sought with
respect to the property. .
11. Therefore, venue in Cumberland County is manifestly improper. Venue
belongs in either Cambria County or Allegheny County only. Defendant requests Allegheny
County because its registered office is located there.
WHEREFORE, defendant Cambria Care respectfully requests this Honorable Court
to transfer this matter to Allegheny County.
IMPROPER FORM OF SERVICE
12. Defendant Cambria Care incorporates by reference Paragraphs one through
eleven above as if specifically set forth at length herein.
13. Plaintiff's Complaint was delivered to defendant by mail from the
Cumberland County Sheriffs Office.
14. The service of the Complaint upon defendant failed to conform to
Pennsylvania Rule of Civil Procedure 424 regarding service on corporations and similar
entities within the Commonwealth.
15. Pennsylvania Rule of Civil Procedure 424 authorizes service of original
process on a corporation or similar entity, including a limited liability company, to only be
made personally by handing a copy to an officer, manager or agent.
16. Defendant was never personally served with the Complaint.
WHEREFORE, defendant respectfully requests that plaintiffs Complaint be stricken
due to improper service.
LEGAL INSUFFICIENCY
17. Defendant Cambria Care incorporates by reference Paragraphs one through
sixteen above as if fully set forth at length herein.
18. Plaintiff fails to allege facts in its Complaint to support a breach of contract
action against defendant Cambria Care.
19. The Contract upon which plaintiff relies is between plaintiff and Laurel Crest,
4
not defendant Cambria Care.
20. Pennsylvania law is well-settled that a buyer is not responsible for the debts
of a seller simply because it purchased the seller's assets.
21. Plaintiff fails to allege any facts to support the liability of Cambria Care on
this Contract.
WHEREFORE, Defendant Cambria Care respectfully requests this Honorable Court
to dismiss plaintiffs Complaint and sign the accompany Order sustaining its Preliminary
Objections to plaintiffs Complaint.
Respectfully submitted,
M. Theresa Creagh, Esq
Attorney for Plaintiff,
Cambria Care Center
CERTIFICATE OF SERVICE
I, M. Theresa Creagh, Esquire, hereby certify that a true and correct copy of the
foregoing Defendant Cambria Care Center's Preliminary Objections to Plaintiffs
Complaint, Brief in Support, and Proposed Order of Court was mailed first class,
postage prepaid to the following counsel of record on the 7 day of February, 2011.
Marcus A. McKnight, III, Esquire
IRWIN & McKNIGHT, P.C.
60 West Pomfret Street
Carlisle, PA 17013
(Counsel for Plaintiff)
-7? C4-6-4
M. Theresa Creagh, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALMA HEALTH LLC d/b/a
MEDSTAFFERS, a Pennsylvania Corporation,
Plaintiff
CAMBRIA CARE CENTER,
f/k/a LAUREL CREST REHAB &
SPECIAL CARE CENTER,
Defendant
a RDER
AND NOW, this day of
2011, upon consideration
of the Preliminary Objections of Cambria Care Center, and any response thereto, it is
hereby ORDERED that said Preliminary Objections are SUSTAINED and:
(1) Plaintiffs Complaint is hereby stricken and plaintiff is granted twenty (20)
days from the date of this Order to file an Amended Complaint; and
(2) Venue is hereby transferred to Allegheny County; and
(3) Plaintiff is ordered to effect proper service on defendant.
CIVIL ACTION - LAW
No: 2011-269 CIVIL TERM
BY THE COURT:
Z !1 FEB Ifl PH 2- 2
U ?ENP?S L??t?l
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALMA HEALTH LLC d/b/a,
MEDSTAFFERS, a Pennsylvania Corporation,
Plaintiff
V.
CAMBRIA CARE CENTER,
f/k/a LAUREL CREST REHAB &
SPECIAL CARE CENTER,
Defendant
CIVIL. ACTION - LAW
NO: 2011- 269 CIVIL TERM
PRAECIPE FOR LISTING CASE
FOR ARGUMENT
C
Filed on behalf of Defendant:
CAMBRIA CARE CENTER
Counsel of Record for this Party:
M. THERESA CREAGH, ESQUIRE
Pa. I.D. #49695
209 Sigma Drive
Pittsburgh, PA 15238
Telephone: (412) 963-0700 x10191
Fax: (412) 968-0568
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ALMA HEALTH LLC d/b/a
MEDSTAFFERS, a Pennsylvania Corporation,
Plaintiff
CAMBRIA CARE CENTER,
f/k/a LAUREL CREST REHAB &
SPECIAL CARE CENTER,
Defendant
CIVIL ACTION - LAW
No: 2011-269 CIVIL TERM
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
1. Defendant's Preliminary Objections to Plaintiff's Complaint.
2. Counsel for plaintiffs:
Counsel for defendants:
Marcus A. McKnight, III, Esquire
IRWIN & McKNIGHT, P.C.
60 West Pomfret Street
Carlisle, PA 17013
M. Theresa Creagh, Esquire
209 Sigma Drive
Pittsburgh, PA 15238
3. I will notify all parties in writing within two days that this case has been
listed for argument.
4. Argument Court Date:
Date:
---? I - /
M. Theresa Creagh
Attorney for Defendant
Cambria Care Center
CERTIFICATE OF SERVICE
I, M. Theresa Creagh, Esquire, hereby certify that a true and correct copy of the
foregoing Praecipe for Listing Case for Argument was served on the following by the
United States Postal Service, first class mail, postage prepaid to the following counsel of
record on the day of February, 2011.
Marcus A. McKnight, III, Esquire
IRWIN & McKNIGHT, P.C.
60 West Pomfret Street
Carlisle, PA 17013
(Counsel for Plaintiff)
Date: °Z
M. Theresa Creagh, Esquj
a