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HomeMy WebLinkAbout01-3294 IN THE COU :OMMON PLEAS OF CUMBERLAN' ~ITY, PENNSYLVANIA HCR ^NOR CARE, : NO.- Plalndff : : vs. : CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, Individually, and : ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER, : Defendants : NOTICE You have been sued tn Court. If you wish to defend against the claims set forth In the following pages, you must take action within twenty (20) days after this Complaint and Notice is served, by entering a written appearance, personally of by attorney, and filing In waiting wtth the Court your defenses or oblecdons to the claims set forth against you. You are warned that If you fall to do so, the case may proceed without you and a Judgment may be entered against you by the Court wtthout further notice for any money claimed In the Complaint, or document, or for any other claim or relief requested by he Plaintiff. You may lose money or property or other right 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 ET FORTH TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le hah demandado a used en la coke. SI used quaere defensas de esas demandas expuestas en paginas, slguientes, used tiene vtente (20) dias de plazo al panlr de la fecha de lademanda y la notiflation. Used debe presentar una apadencla escrka o en persona o por abogado y archlvar en la coke en forma escrita sus defensas o sus objeclones a last demandas en contra de su persona. Sea avtsado que si used no se deflenda, la cone tomara medldas y psedldo entrar una orden contra used sin previo aviso o notificaclon y pot cualquler queja o allvio que es pedldo en la peticion de demanda. Used puede perder dinero o sus propledades o otros derechos Imponantes para used. LLEVE ESTA DEMANDA A UN ABODOAGO IMMEDIATAIHENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA]O PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Penmylvanla 170 ! 3 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. O/- _~..7 Plaintiff : : vs. : CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, Individually, and : ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER, : Defendants : COMPLAINT AND NOW, thiso~ day of ~ ,2001, comes the Plaintiff, HCR Manor Care, by and through its attorney, Daniel F. Wolfson, Esquire, and the law firm of Wolfson 8z Associates, P.C., and files the within Complaint and In support avers as follows: I. Plaintiff, HCR Manor Care (hereinafter referred to as Plaintiff), Is a health care provider qualified m conduct business In the Commonwealth of Pennsylvania with offices and/or a place of business situate at 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, ]oyce A. Heffelbower, (hereinafter referred m as "Defendant ]oyce"), is an adult Individual with a last known address of 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania ! 7013. 3. Defendant, Robert Hetfelbower, (hereinafter referred to as "Defendant Robert"), is an adult individual with a last known address of 258 West North Street, Carlisle, Cumberland County, Pennsylvania i 7013. 4. That Defendant Robert represented himself to be Power of Attorney for Defendant ]oyce. Defendant Robert is the son of Defendant :]oyce. 5. That on or about October 18, 1999, through the present, Defendant ]oyce was a health care resident of Plaintiff, where she did receive and where she continues to receive various necessary residential health care services and health care treatment by Plaintiff. An itemization of said services Is attached hereto, Incorporated herein and collectively marked as Exhibit "A". 6. That on or about October 18, 1999, Defendant Robert, as Defendant :]oyce's Responsible Party, executed an Admission Agreement which Agreement outlined various terms of residential health care services to be provided by Plaintitf and the Responsible Party therefor. A =ue and correct copy of the Admission Agreement is attached hereto, Incorporated herein, and collectively marked as Exhibit "B". 7. By executing said Admission Agreement~ Defendant Robert did assume and accept responsibility for the debt to be Incurred by Defendant ]oyce. 8. That Paragraph four (4) of the Admission Agreement did describe the various responsibilities of Defendants, which responsibllllJes did Include payment for the daily rate and charges for supplemental services, supplies not paid by any third party, as well as applicable co-Insurance and deductibles and all expenses of discharge or transfer. See Exhibit "B". 9. That Plaintiff submitted to Defendants a copy of the Itemization of services accurately showing all debits and credits for transactions with Plaintiff. Said 2 Statement of Account has been previously Identified as Exhibit UAU and Incorporated herein by reference. ! 0. That Defendants did not oblect to the above mentioned Statement of Account submitted by Plaintiff to Defendants. I I. As of l~ay I, 900 !, the balance due, owing and unpaid on Defendant !: ]oyce's account as a result of said charges Is the sum of Twenty-Nine Thousand Three 'i :Hundred Six and 07/100 Dollars ($99,306.07). See Exhibit 19. Despite Plaintiff's reasonable and repeated demands for payment, Defendants have failed, refused, and continues to refuse to pay all sums due and ~:. owing on the outstanding account balance, which accrued due to residential health il care sen~ices provided to Defendant ]oyce, all to the damage and detriment of the I' Plaintiff. 1:3. Plalndff has made numerous requests to Defendant Robert, Responsible Party for Defendant Joyce, demanding that the sums due and owing to Plaintiff be paid, and Defendant Robert, as Responsible Party for Defendant Joyce, has Ignored his fiduciary obligation to pay necessary and appropriate bills and obligations for his mother, Defendant ]oyce. 14. Plaintiff has retained the services of the law firm of Wolfson Associates, P.C., in the collection of the amounts due from Defendants. ! 5. As of the filing of this Complaint, Plaintiff has incurred reasonable attorney's fees from the law office of Wolfson ~z Associates, P.C., In the collection of the amounts due and owing by Defendants, Incident to the within action, and Plaintiff shall continue to Incur such attorney's fees throughout the conclusion of the proceedings in the amount of thirty percent (30%) of the principal balance due and .. owing to the Plaintiff by the Defendants. 16. That the amount of attorney's fees which represents thirty percent (30%) of the principal amount due and owing Is the sum of Eight Thousand Seven Hundred ]qinety-One and 82/I O0 Dollars ($8,791.82). 17. Any and all conditions precedent to the bringing of this action have been performed by Plaintiff. ! 8. The amount In controversy Is within the jurisdictional amount requiring compulsory arbitration. 4 WHEREFORE, Plaintiff, HCR Manor Care, respectfully requests this Honorable Court enter iudgment In favor of PlaintJff and against Defendants, ]oyce A. Heffelbower, Individually and Robert Heffelbower, Individually and on Behalf of Ioyce A. Heffelbower, in the amount of Twenty-Nine Thousand Three Hundred Six and 07/100 Dollars ($29,306.07), reasonable attorney's fees in the amount of Eight Thousand Seven Hundred Ninety-One and 82/100 Dollars ($8,791.82), the costs of this action, and such other relief as the Court deems proper and lust. Respectfully Submitted, 967 East Market Street York, PA 17403 (717) 846-1252 I.D. No. 20617 Attorney for Plaintiff EXHIBIT "A" Statement HCR.ManorCare ' "' ~ANORCARE CARLISLE 372 94~ WALNUT BOTTOM ROAD CARLISLE, PA 17013 (717)-249-0085 MEDICAID ROBERT HEFFELBObJER PRIVATE FDR 30YCE HEFFELBO[4ER ROOM 119 -A 258 W. r~ORTH STREET APT 2 C A R L I S L E , P A ~. 7013 Pie&se Return Th~$ Pon~on ~llh Your Payment FIEFFLEBOWE~, 30YCE A 99116 01/26/00 01/31/01 · =SE C.~ ! 1 -- m -- ....~=m~mC_~ Ec,[E , SERVmCE ~EraDEF-ED I CHARGES - o'~7'~F[~ ............ ~A E ~-N c e "?~-~ .................................28,976.27 ....... (~/el/o~ llgoe MCB PRE~ZU~ ( QTY 1-) 02/0[/~ ADV PVT PORT[Ot4 5[5.32 ~8/31/~ ADJ RVS COINS 8-00 48.9f; 09/3e/00 ADJ RVS COI~;S 9--00 ]0/3Z/80 AD3 RVS COINS 2o-o0 37.56 PAYMENT DUE BY THE .,, 1GTH OF THE MONTH 29,306.07 AMOUNT DUE ONTRACT BETWEEN PATIENT/RESIDENT AND FACILITY HealdtServices ~THIS ADMISSION AGREEMENT (the "Agreement") is entered into th~s day of | 1.9 , between MANORCARE HEALTH SERVICES (the "Facility"), and I I/0(4. i't~- ~" ~~the "Patient/Resident"), and/or /~'oJO~/'"t~'-.~~~ the "~lespons b e Party ). As used hereto, the term "Pat ent/Res~dent shall also mean the Responsible Party, if any. The parties agree as follows: 1. Commencement. This Agreement shall begin on the date of admission of the Patient/Resident to the Facility. 2. Termination of Agreement~ Discharge and Transfer. a. Termination by Patient/Resident. The Patient/Resident may terminate this Agreement by giving the Facility at least five (5) days advance written notice. The Patient/Resident is responsible for payment of all charges for five (5) days after notice is given, or until the Patient/Resident actually leaves the Facility, whichever is last. If the Patient/Resident leaves the Facility (i) before the attending physician discharges the Patient/Resident, or (ii) against medical advice, the Patient/Resident and Responsible Party agree to assume all responsibility for injury or harm to the Patient/Resident, and hereby release the Facility, its employees and agents, from all liability connected with such departure. b. Termination by Facility. The Facility may terminate this Agreement and discharge the Pat- ient/Resident upon at least thirty (30) days prior written notice if (1) the Patient/Resident's needs cannot be met; (2) the Patient/Resident presents a danger to the health or safety of other indivi- duals; (3) the Patient/Resident fails to pay charges for supplies or services after notice; (4) the Patient/Resident's health has improved sufficiently so that the Patient/Resident no longer needs the services provided; or (5) the Facility ceases to operate. However, the Patient/Resident may be transferred or discharged upon less than thirty (30) days notice if: (1) an immediate transfer or discharge is required due to the Patient/Resident's medical needs; (2) the Patient/Resident presents a threat to the health and safety of individuals in the Facility; or (3) the Patient/Resident.has not resided in the Facility for thirty (30) days. Such notice shall be given as soon as practical. The Patient/Resident acknowledges receipt from the Facility of materials as to the Patient/Resident's right to appeal a discharge decision with State authorities and the appeals process. If this Agreement is terminated and/or the Patient/Resident is discharged by the Facility, the Responsible Party agrees to accept custody of the Patient/Resident upon discharge and cooperate with the Facility to facilitate the Patient/Resident's discharge. 3. Responsible Party· The Patient/Resident shall execute Exhibit A regarding Responsible Party appointment. 4. Fees & Payments. The Patient/Resident is responsible for, and shall pay, the daily rate and charges for supplemental services and supplies not paid by any third party as described in the Fee Schedule, attached as Exhibit B, as well as applicable co-insurance and deductible amounts and all expenses of discharge or transfer. 5. Release of Information. The Patient/Resident hereby authorizes all persons and/or entities to release all or any part of his/her medical/health records to the Facility. The Patient/Resident also authorizes the release of records or information to any health care institution to which the Patient/ Resident may be transferred, any provider involved in the care of the Patient/Resident, any third party payor, including, but not limited to, government and private insurers, or any other person entitled or authorized to receive such information by law or by the Patient/Resident. MI4C-OOa-mO {Rev. 7/96) ~g 3 1 of 3 6. Consent to Treatment. Patient/Res!de.n.t acknowledges that he/she is under the medical treat- ment and care of an attending physician, ~nd consenta to the Facility rendering nursing care. therapeutic, and other treatment under the general or special instructions of aaid physician or ir case of emergency. 7. Attending Physician. The Patient/Resident is solely responsible for selection of a licensec attending physician. The Patient/Resident agrees that the Facility may require the Patient/Residen.: to utilize another physician if the attending physician ( 1 ) has his/her own prol'essional license limited suspended or revoked; (2) fails to follow the Facility's rules and regulations; or (3) is unavailable ir' case oi' emergency. The Patient/Resident is responsible for al~ charges for physician services. 8. Pharmacy. The Patient/Resident shall execute the Pharmacy Agreement attached as Exhibit C 9. Independent Contractors. The Patient/Resident acknowledges and agrees that all physicians dentists and barbers/beauticians, including those whose services are arranged by the Facility, ar5 independent contractors and are not employees or agents of the Facility, and the Fac!!ity shal! nc: be responsible for their acts or omissions or for the consequences of following physician or dentis' orders. 10. Private Duty Personnel. The Patient/Resident acknowledges that all private duty personnel the: the Patient/Resident utilizes are not employees or agents of the Facility and that the Facility is no: liable for acts or omissions by such personnel. Employees of the Faci{ity may not be employed ss private duty personnel at the Facility. All private duty personnel shall comply with all policies ac: procedures of the Facility as may be amended from time to time without notice. Failure to Co sc may result in their being denied access to the Facility. Patient/Resident and Responsibie Par'b/sbt- be solely responsible for the cost of private duty personnel. 1 1. Facility Guidetines for "No Heroics" Requests. Decisions regarding Fife support should be ;c:- sidered by each Patient/Resident or his/her authorized surrogate decision-maker. The Ps:leto Resident acknowledges receipt of rights under state law to make decisions about medical care, in- cluding rights to accept or refuse care and rights to make an advance decision abcut care. The Patient/ Resident acknowledges receipt of a summary of the "Facility Guidelines fcr No H--roic~ Requests" (the "Guidelines"). A full text of the Guidelines will be provided upon request. In pan, t,he Guidelines provide that the Facility will not withhold or withdraw life-sustaining or life-prolo~,ginc_ measures from a Patient/Resident without a written and legally sufficient authorization of a competer-' Patient/Resident or legally authorized surrogate decision-maker and a physician order. The Patient. Resident agrees to comply with the Guidelines. 12. Liability and Indemnificaticn. The Patient/Resident understands that the Facility is liable onl': for injuries caused by the negligent acts or omissions of the Facility and as required by law. Th~ Patient/Resident shall indemnify artd hold the Facility harmless from any and all claims, suits ac.: actions made against the Facility by any person resulting from any damage or injury caused b'/t,h~ Patient/Resident to any person or the property of any person or entity (including the Facility). 13. Patient/Resident's Handbook. The Patient/Resident acknowledges receipt of the Facility': Resident's Handbook and agrees to comply with such Rules and Regulations contained therein. Th--' Patient/Resident acknowledges and agrees that he/she shall be responsible for and shall hold thc. Facility harmless for any injudes or damages which are caused by the Patient/Resident's failure tc coml31y with such rules and regulations. The policies, procedures, rules and regulations regardim_ the following areas, among others, are detailed in the Resident's Handbook: Ii Federal Resident Rights ,. · Barber/Beauty Services Resident Responsibilities · Mail Policy Life Sustaining Treatment Policy · Voting Materials · Medical/Nursing Education · Photo/Media Events a Dental, Vision and Hearing Services a Personal Fund Account Procedure · Interdisciplinary Care Conference · Tobacco Policy · Utilization Review Meetings (if applicable) · Grievance Procedures · Personal Laundry Policy · State Resident Rights (if applicable) 14. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE STATE WHERE THE FACILITY IS LOCATED. TO THE EXTENT ANY PROVISION HEREOF CONFLICTS WITH STATE LAW, STATE LAW SHALL CONTROL. THE STATE LAW ADDENDUM ATTACHED HERETO AS EXHIBIT D SETS FORTH ~.NY DELETIONS FROM OR ADDITIONS TO, THIS AGREEMENT REQUIRED BY STATE LAW, WHICH ~,MENDMENTS SHALL BE A PART OF THIS AGREEMENT. 15. Miscellaneous. The provisions of this Agreement shall bind the parties, their respective executors administrators, heirs, beneficiaries, and assigns. The waiver by either party of any breach or default of this Agreement shall not operate as a waiver of any subsequent breach or default. The provisions of this Agreement shall be severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. This Agreement and all Exhibits are the entire agreement and any changes shall be in writing and signed by both parties. iN WITNESS WHEREOF, the parties hereto have executed this Admission. Agreement as/the day and year above written. ¥=alSilit[l R~presentative - Sig ature" Responsible Party - S, igna..ture Facility I~present~tive -- Printed Name & Title Responsible Party - Prin'~eEI Name Date 14#c.ooe-~o [Rev. 4/96) pg 5 3 of 3 EXHIBIT "B" SHERIFF ' S RETURN - REGLrLAR CASE NO: 2001-03294 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HCR MANOR CARE VS HEFFELBOWER JOYCE A ETAL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEFFELBOWER JOYCE A the DEFENDANT , at 1005:00 HOURS, on the 4th day of June , 2001 at 940 WALNUT BOTTOM RD CARLISLE, PA 17013 by handing to JOYCE A HEFFELBOWER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Service 3.10 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.10 06/28/2001 WOLFSON & A Sworn and Subscribed to before By: me this /~ day of Deputy Sheriff _~P (.~h6n~t a ry ~ SHERIFF'S RETURiq - REGULAR CASE NO: 2001-03294 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HCR MANOR CARE VS HEFFELBOWER JOYCE A ETAL CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEFFELBOWER ROBERT IND AND ON BE~{ALF OF JOYCE A HEFFELBOWER the DEFENDANT , at 1951:00 HOURS, on the 27th day of June , 2001 at 258 W NORTH ST CARLISLE, PA 17013 by handing to ROBERT HEFFELBOWER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service 3.10 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 19.10 06/28/2001 WOLFSON & ASSOCIATES Sworn and Subscribed to before By: -- ' .' ~ me this /~ day of DepUty Sheriff pfo~tgo~otary I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : Plaintiff : : vs. : NO. 01-3294 : JOYCE A. HEFFELBOWER, Individually,: and ROBERT HEFFELBOWER, : Individually and on behalf of JOYCE A. HEFFELBOWER, Defendants CIVIL ACTION - LAW DEFENDANT ROBERT HEFFELBOWER'S PRELIMINARY OBJECTIONS AND NOW comes the Defendant, Robert Heffelbower, Individually and on behalf of Joyce A. Heffelbower, pm se, and preliminarily object to Plaintiff's Complaint, as follows: Motion to Strike 1. Pa. R.C.P. 1028(a)(2) permits a Motion to Strike pleadings which do not comply with law or rule of Court. 2. Pa. R.C.P. 1019(a) states that the material facts on which a cause of action is based shall be stated in a concise and summary form. 3. Pa. R.C.P. 1019(0 states that averments of time and place shall be specifically stated. 4. Pa. R.C.P. 1019(0 requires that when any claim is based upon a writing, a copy of that writing shall be attached. 5. Plaintiff did not itemize the services it allegedly performed or state the times and places that the services were allegedly performed in its Complaint, in violation of Rules 1019(a) and 1019(0. 6. Plaintiffalleges in its Complaint that the Admission Agreement specifies that Defendants are responsible for paying certain fees and/or charges, but no such writing is attached to Plaintiff's Complaint, in violation of Pa. R.C.P. 1019(i). 7. Plaintiff alleges in its Complaint that a document exists which exposes Defendant Robert Heffelbower to liability for the amount sought, but no such writing is attached to Plaintiff's Complaint, in violation of Pa. R.C.P. 1019(i). 8. Plaintiff alleges in its Complaint that a document exists which exposes Defendants to liability for Plaintiff's attorneys fees, but no such writing is attached to Plaintiff's Complaint, in violation of Pa. R.C.P. 1019(i). WHEREFORE, Defendant Robert Heffelbower requests that this Court strike Plaintiffs' Complaint. Motion for a More Snecific Pleading 9. The allegations set forth in Paragraphs I through 8, above, are incorporated herein by reference as though fully set forth. 10. Pa. R.C.P. 1028(a)(3) permits a motion for a more specific pleading. 11. In the alternative, in the event that this Court does not Strike Plaintiff's Complaint, Plaintiffshould be required to amend its Complaint to state specifically which services were allegedly performed and when and where they were allegedly performed, to state specifically which fees and charges Defendants are allegedly liable to pay, to state specifically the basis for the alleged liability of Defendant Robert Hcffclbower, and to state specifically the basis for PlaintiWs claim for attorneys fees so that Defendant has sufficient information to prepare a defense of this matter. WHEREFORE, Defendant Robert Heffelbower requests that this Court direct Plaintiff to amend its Complaint to state specifically which services were allegedly performed and when and where they were allegedly performed, to state specifically which fees and charges Defendants are allegedly liable to pay, to state specifically the basis for the alleged liability of Defendant Robert Heffelbower, and to state specifically the basis for Plaintiff's claim for attorneys fees. Motion to Dismiss 12. The allegations set forth in Paragraphs 1 through 11, above, are incorporated herein by reference as though fully set forth. 13. Pa. R.C.P. 1028(a)(4) permits a preliminary objection for legal insufficiency of a pleading. 14. The Statute of Frauds requires that a writing is required in order to hold one liable for the alleged debt of another. Plaintiffhas not produced any writing in which Defendant Robert Heffelbower agreed to be financially responsible for any alleged debt of Defendant Joyce Heffelbower. 15. Plaintiffhas not alleged that any services were performed for or on behalf of Defendant Robert Heffelbower. 16. Plaintiffhas stated no basis for the alleged liability of Defendant Robert Heffelbower. 17. Under Pennsylvania law, one cannot be held responsible for the alleged debt of another, except by written agreement. 18. Plaintiff's Complaint against Defendant Robert Heffelbower should be dismissed because Plaintiff has alleged no basis for Defendant Robert Heffelbower's alleged liability. 19. Under Pennsylvania law, each party must bear its own attorneys fees absent some statutory authority or agreement. 20. Plaintiffhas not attached a copy of any agreement to its Complaint which would provide a basis for its claim for attorneys fees against the Defendants. 21. Plaintiff has not alleged any statutory or contractual basis for its claim for attorneys fees against the Defendants. 22. Plaintiff's claim for attorneys fees against Defendants should be dismissed because Plaintiffhas alleged no basis for Defendants' alleged liability for Plaintiff's attorneys fees. WHEREFORE, Defendant Robert Heffelbower requests that this Court dismiss Plaintiff's Complaint in its entirety or, alternatively, in par[ with respect to Plaintiff's request for attorneys fees. Robert Heffelbower, l~efl~r~t pro se 258 West North Street Carlisle, PA 17013 Telephone: (717) 258-1660 Dated: ~,)~ ~ CERTIFICATE OF SERVICE hereby certify that on th~rd day of~, 2001 copie~ of~e foregoing ~limina~ Objections w~ s~ upon the following by United States Fi~t CI~ m~l, postage p~paid, ~d~ssed ~ follows: D~iel F. Wolfson, E~ui~ WOLFSON & ASSOCIATES, P.C. 267 E~t M~ket S~et Yo&, PA 17403 258 West North Street Carlisle, PA 17013 Telephone: (717) 258-1660 HCR MANOR CARE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION- LAW V. .' JOYCE A. HEFFLEBOWER. : Individually, and on behafof : JOYCE A. HEFFLEBOWER. : Defendants : PRELIMINARY OB, IECTIONS AND NOW, comes Joyce A. Heffiebower and pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure offers the tbllowing Preliminary Objections: 1. Plaintift~s Complaint fails to comply with Rule 1028(a)(2) insomuch as it demands arbitration. 2. Rules 1301 et seq. of the Pennsylvania Rules of Civil Procedure govern arbitration generally. 3. The rules of arbitration allow' the local jurisdiction wide latitude in creating administrative and procedural rules thereunder and in setting the jurisdictional limit tbr compulso~' arbitration. 4. Cumberland County. Rule of Procedure 1301-1 et seq. provides for compulsory arbitration when the amount in controversy is less than $25,000. 5. The Cumberland County Rules of Procedure do not create any apparatus to voluntarily submit a case to arbitration or to demand arbitration if the an~ount in controversy is in excess of $25,000. 6. Plaintiff. in its preyer for relief, asks for $38,097.89 as liquidated damages. 7. The Plaintiff has improperly demanded arbitration and insomuch that Plaintiffhas demanded arbitration and the amount in controversy is in excess of $25,000. the Complaint is not in compliance with the Cumberland County Rules of Court as read in conjunction with the Pennsylvania Rules of Civil Procedure. WHEREFORE. Defendants respectfully request that this Court strike Plaintiffs Complaint for failure to substantially conform with the Cumberland County Rules of Court and the Pennsylvania Rules of Civil Procedure. Respectfiflly submitted, Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants HCR MANOR CARE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW V. : JOYCE A. HEFFLEBOWER, Individually, and on behafof JOYCE A. HEFFLEBOWER. Defendants CERTIFICATE OF SERVICE I. Karl E. Rominger. Esqtfire. attorney for Defendant. do hereby certify that I this day served a copy of the Pre#minao, Objeetlons upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania. addressed as follows: Daniel F. Wolfson. Esquire Wolfson & Associates, P.C. 267 East Market Street York. PA 17403 ~'~rl E. Rominger. Esquire /'~ Attorney for Defendant Dated: '~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, Individually, : and ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER, : Defendants : PLAINTIFF'S REOUEST FOR THE PRODUCTION OF DOCUMENT~; Pursuant to Pa.R.C.P. No. 4009, the Plaintiff, HCR Manor Care, serves the within Request for the Production and Inspection of Documents on Defendant, Robert Heffelbower, and demands that same respond to this request within thirty (30) days from the date of service he,of. I. All documents in your possession, control, or custody constituting, relating to, or pertaining to the documents identified in the Interrogatories directed towards Defendant. 2. All documents In your possession, control or custody constituting, relating to, or pertaining to the documents identified In response to Plaintiff's Interrogatories. 3. All documents prepared by Defendant or by a third party representative, agent, or anyone acting on Its behalf during an investigation of any 1 aspect of the matter in question. Such documents shall Include any documents made or prepared up through the present rime, with the exclusion of the mental Impressions, conclusions, or opinions respecting the value or merit of a claim or defense, or respecting strategy or tactics. 4. All documents, photographs and tangible evidence you intend to Introduce at trial. 5. Any and all correspondence exchanged by and between the parties In litigation. 6. All documents containing the names and addresses of wimesses or potential witnesses. 7. All statements of any person who will be called as a witness at trial. 8. Copies of all exhibits which you Intend to offer Into evidence at trial of this matter. 9. All correspondence between Plaintiff and Defendant from on or about October 18, 1999 to the present. I 0. All statements of account received by Defendant from Plaintiff from on or about October 18, 1999 to the present. I I. All other documents of whatever kind or description upon which Defendant or Defendant's attorney Intends to rely or may rely in establishing any of Defendant's defenses against Plaintiff's claims in this matter. 12. All other documents In the file or flies of Defendant and Defendant's attorney concerning this action which have not been requested by any of the preceding paragraphs hereof, and which are not expressly exempted from discovery by Pa.R.C.P. No. 4003.3 or No. 401 l(c). 13. The production and inspection of the foregoing Is requested at such time and place and in such a manner as shall be agreed upon. NOTE: As referred to herein, "documents" Includes written, printed, typed, recorded or graphic matter, however produced or reproduced, including correspondence, telegrams, other written communications, data processing storage units, tapes, contracts, agreements, notes, memoranda, analysis, projections, Indices, work papers, studies, reports, surveys, diaries, calendars, fllrns, photographs, diagrams, drawings, minutes of meetings or any other writing, [including copies of the foregoing regardless of whether the partles to whom this request Is addressed have the ori~nal now In their possession, custody or control] now In the possession, custody or control of Defendant, her former or present counsel, agents, employees, officers, insurers, third party Insurers, or any other person acting on her behalf. Respectfully submitted, ~ Daniel F. Wolf;on, Esquire WOLFSON ~ ASSOCIATES, P.C. 267 East Market Street York, PA ! 7403 (717) 846-1252 I.D. No. 20617 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW _, ]OYCE A. HEFFELBOWER, Individually, : and ROBERT HEFFELBOWER, Individually, : and on Behalf of JOYCE A. HEFFELBOWER, : Defendants : CERTIFICATE OF SERVICE AND NOW, thi~.~-day of October, 2001, I, Daniel F. Wolfson, Esquire, do hereby certify that I have served a copy of the fore~oing Request for the Production of Documents upon the parties and/or counsel of record in the followins~ manner and addressed as follows: CERTIFIED MAIL REGULAR MAIL RETURN RECEIPT REQUESTED POSTAGE PRE-PAID Mr. Robert Heffelbower Karl E. Rominger, Esquire 258 West North Street 155 South Hanover Street Carlisle, PA 17013 Carlisle, PA ! 7013 (Pro Se Defendant) (Counsel for Defendant, ]oyce Heffelbower) Darnel F. Wolfson, Esquire / ~ WOLFSON ~z ASSOCIATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 20617 Attorney for Plaintiff 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, Individually, : and ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER,: Defendants : PLAINTIFF. HCR MANOR CARE'S INTERROGATORIES DIRECTED TOWARDS DEFENDANT. ROBERT HEFFELBOWER Pursuant to Rule 4005 of the Pennsylvania Rules of Civil Procedure, Plaintiff, HCR Manor Care, serves the within Interrogatories on Defendant, Robert Heffelbower, Individually and on behalf of Joyce A. Heffelbower, and makes demand on Defendant to answer the same under oath within thirty (30) days of the date of service hereof. A. Definitions and Instructions 1. These Interrogatories are considered to be continuing and, therefore, should be modified or supplemented as you obtain further or additional information. 2. Where exact Information cannot be furnished, estimated Information is to be supplied. Where an estimate is to be used, it should be identified and accompanied by an explanation as to the basis on which the estimate is made and the reason the exact Information cannot be furnished. 3. As used herein, "documents" include any written, recorded or graphic matter, however produced or reproduced, Including, but not limited to, I correspondence, telegrams, other written communications, contracts, agreements, notes, statements, memoranda, photographs, tape recordings, or any other writings, including copies of the foregoing, now in the possession, custody or control of the Defendant, Defendant's counsel and all persons acting on behalf of said Defendant. 4. Where knowledge, information or documents in the possession of a party is requested, such request includes knowledge, information or documents in the possession of the party's agents, representatives or attorneys. 5. As used herein, "Identity" or "identify" used in reference to any individual person means to state their full name and p~sent address, their present employment position or business affiliation, and their telephone number. "Identity" or "identify" when used in reference to a document means to state the date and author, type of document (e.g., letter, memorandum, telegram, chart, etc.) or some other means of identifying the document, and its present location and custodian. It is sufficient to attach a copy of the document for the purpose of answering these Interrogatories. 6. When the word "Incident" is used in these interrogatories, it is to refer to those occurrences alleged in Plaintiff's Complaint. 7. If any document was, but no longer is, in your possession or sublect to your control, state what disposition has been made of it. B. Interrogatories 1. Please state your full name, address, age and telephone number. 2. Please describe your present employment and occupations with staring: a. The names and addresses of your employer; b. Your duties and responsibilities; c. The date you started work for your employer; d. The exact weekly, monthly or annual wage or rate of pay being received from your employer. 3. Please Identify any statements which you made in any form, whether in writing, tape recording device or otherwise, to any person regarding any of the events or happenings in regard to the present cause of action brought against you. 4. Identify and describe each and every communication between Plaintiff and Defendant regarding the relative obligations of Defendant concerning the hospital stay of Defendant's mother, Defendant ]oyce A. Heffelbower. 5. Please state the name and address of each person who has acted or will act as an agent for Defendant or Defendant's attorney in preparing material In anticipation of litigation. 6. As to any person named in your answer to Interrogatory No. 5, please identify any and all documents, reports, memoranda, notes or summaries fTom such Individual. 5 7. Please provide specific examples of times when the Defendant spoke to Plaintiff where Plaintiff stated to Defendant that Defendant would nor be financially responsible for any charges relative to Defendant :]oyce ^. Heffelbower. In doing so, please provide the names of Plaintiff's employees who were spoken to by the Defendant and the dates on which such conversations rook place. 8. Please provide specific examples of times when the Defendant spoke to Plaintiff where Plaintiff stated to Defendant that Plaintiff would complete any and all third- party applications for all third-party payor programs, Including Medicaid. In doing so, please provide the names of Plaintiff's employees who were spoken to by the Defendant and the dates on which such conversations took place. 7 9. Please provide specific examples of times when the Defendant spoke to Plaintiff where Plaintiff stated to Defendant that no monies would be due and owing to Plaintiff in that all charges would be covered by lqedicald. In doing so, please provide the names of Plaintiff's employees who were spoken to by the Defendant and the dates on which such conversations took place. 8 ! O. Please provide specific examples of times when the Defendant spoke to Plaintiff where Plaintiff stated to Defendant that after the delivery of a check, in the amount of $3,281.00, that all charges relating to Defendant :]oyce Heffelbower's account would be taken care of and that no further charges would accrue, in doing so, please provide the names of Plaintiff's employees who were spoken to by the Defendant and the dates on which such conversations took place. 9 11. Please specifically state your reasoning for averring that by presenting a check to Plaintiff, on behalf of your mother, Defendant ]oyce Heffelbower, in the amount of $3,281.00, you believe that constitutes a novation of any agreement which existed between the parties, where there is no documentation to show that said payment was in full and final satisfaction of the debt and where said payment is only a small percentage of what is currently due and owing on Defendant :]oyce Heffelbower's account balance. lO 12. State the names and addresses of any person, other than Francis KIIne, who has had access to ]oyce A. Heffelbower's income and/or assets, since the time of her admission to Plaintiff's facility on or about October 18, 1999. 13. State any objections or any defenses, that Defendant plans to put forward during litigation, that Defendant may have for not paying the account balance that has, and continues to be, due and owing to Plaintiff concerning his mother, Defendant ]oyce A. Heffelbower's stay with Plaintiff. il 14. Please state a proposal payment schedule that would be fair and beneficial to both parties in this cause of action, and that you would be able to meet to try to pay off your overdue account balance that has, and continues to be, due and owing to Plaintiff. 1 5. Please state all actions, etc., that you have taken, in the past year, if any, in furtherance of paying off your overdue balance which is, and will continue to be, due and owing to Plaintiff. If no action has been taken, please explain why there has been none. 16. Please state the reasons that Defendant Robert Heffelbower believes that he is not responsible for the account balance amassed by :]oyce A. Heffelbower when Defendant Robert Heffelbower breached his duty to utilize ]oyce A. Heffelbower's income and assets, as set forth in the Admission Application and Admission Agreement, to pay Plaintiff for :]oyce A. Heffelbower's care. 17. Please identify the names and addresses of any witnesses who you intend to call at trial. Respectfully submitted, 267 East lqarket Street York, PA 17403 (717) 846-1252 I.D. No. 20617 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW : JOYCE A. HEFFELBOWER, IndMdually, : and ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER,: Defendants : CERTIFICATE OF SERVICE AND NOW, this ~J-J4~ay of October, 2001, I, Daniel F. Wolfson, Esquire, do hereby certify that I have served a copy of the foregoing Interrogatories upon the parties and/or counsel of record in the following manner and addressed as follows: CERTIFIED MAIL REGULAR MAIL RETURN RECEIPT REOUESTED POSTAGE PRE-PAID Mr. Robert Heffelbower Karl E. Rominger, Esquire 258 West North Street 155 South Hanover Street Carlisle, PA 17013 Carlisle, PA 17013 (Pm Se Defendant) (Counsel for Defendant, ]oyce Heffelbower) WOLFSON ~ ASSOCIATES, P.~. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 20617 Attorney for Plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW : JOYCE A. HEFFELBOWER, Individually, : and ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER,: Defendants : RULE AND NOW, TO WIT, ~his z~' day of t~. ,2002, a Rule is Issued upon Defendant Robert H. Hefflebower m show cause why ~e aforementioned MorJon should not be granted. RULE RETURNABLE ~ days from ~he date of service hereof. BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, Indivi.d.u. ally,: and ROBERT HEFFELBOWER, Ind~wdually, : and on Behalf of ]OYCE A. HEFFELBOWER, : Defendants : ORDER PURSUANT TO Pa. ILC. P. 4019 AND NOW, TO WIT, this .__ day of ,2002, upon consideration of Plaintiff's Motion to Compel Compliance, It is ORDERED and DECREED that: a. The Rule is made absolute; and b. Defendant Robert H. Hefflebower is directed, pursuant, to Pa.R.C.P. 40! 9, to Immediately answer In detail Plaintiff's Interrogatories and Request for Production of Documents In the above-captioned matter within days of the date of this Order. c. Defendant Robert H. Hefflebower be held in Contempt of Court and be required to pay the Plaintiff's reasonable expenses for preparing and presenting this Motion In the amount of $300.00; and, d. Any other relief that the Court may deem necessary and appropriate. BY THE COURT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, IndJvJ.d.u. ally,: and ROBERT HEFFELBOWER, Ind~wdually, : and on Behalf of ]OYCE A. HEFFELBOWER, : Defendants : MOTION TO COMPEL COMPLIANCE PURSUANT TO Pa.R.C.P. 40191a1~11 and ~vii) AND NOW, TO WIT, this 29th day of April, 2009, comes the Plalntilf, HCR Manor Care, by and through Its attorneys, Amy F. Wolfson, Esquire and the law firm of Wolfson ~z Associates, P.C., and flies the within Motion in which the following is a statement: I. Plaintiff, HCR Manor Care, is a health care provider qualified to conduct business In the Commonwealth of Pennsylvania with offices and/or a place of business situate at 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, ]oyce A. Heffelbower, Is an adult individual with a last known address of 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Robert Helfelbower, is an adult individual with a last known address of 258 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. On or about October 25, 20OI, Plaintiff served the original and one copy of the "Plaintiff's Interrogatories Directed Towards Defendants" and "Plaintiff's Request for the Production of Documents" upon Defendant, Robert H. Hefflebower, by mailing the same to Defendant. 5. Plaintiff avers that thirty (30) days have passed since the service of said Interrogatories and Request for Production of Documents and Defendant has failed to answer the same. 6. The discovery requested by the Plaintiff Is necessary for the Plaintiff and its counsel to prepare their case for trial 7. Plaintiff has Incurred attorneys fees in pursuit of this Motion. WHEREFORE, Plaintiff, HCR Manor Care, respectfully requests this Honorable Court to enter the following: a. an Order compelling Defendant Robert H. Hefflebower to comply with Pennsylvania Rule of Civil Procedure 4019 and immediately respond In detail to the Plaintiff's Interrogatories and Plaintiff's Request for the Production of Documents directed to the Defendant; b. reasonable attorney's ~ees for the preparation and presentation of this Motion; and c. any other such relief as the Court deems necessary and appropriate. Respectfully submitted, 267 East lqarket Street York, PA 17403-2000 (717) 846-1252 I.D. No. 87062 Attorney for Plaintiff Amy F. Wolfson, Esquire, hereby states that she Is the attomey for the Plaintiff, HCR Manor Care, and she is authorized to take this verification on behalf of said Plalntilf In the within action and verifies that the statements made in the foregoing Motion to Compel complalnce are true and correct to the best of her knowledge, Information, and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. WOLFSON ~ ASS~rCIATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 87062 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : ., vs. : CIVIL ACTION - LAW ., JOYCE A. HEI:FELBOWER, Individually, : and ROBERT HEFFELBOWER, Individually, : and on Behalf of JOYCE A. HEFFELBOWER,: Defendants : CERTIFICATE OF SERVICE I, Amy F. Wolfson, Esquire, hereby certify that on the 29~ day of April, 2002, I served a copy of the within Hot]on m Compel Compliance upon the unrepresented Defendant, by first class mail, postage prepaid, addressed as follows: Robert H. Hefflebower 258 West North Street Carlisle, PA 170 ! 3 Respectfully submitted, 267 East b4arket Street York, PA 17403-2000 (717) 846-1252 I.D. No. 87062 Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 HCR Manor Care, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JUDGMENT NO. 01-3294 Joyce A. Heffelbower, Individually, and Robert Heffelbower, Individually, and on Behalf of Joyce A. Heffelbower, PRAECIPE FOR WRIT OF EXECUTION Defendant (MONEY JUDGMENT) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against, Joyce A. Heffelbower cio Karl E. Rominger, Esq.- 155 S Hanover St., Carlisle, PA 17013, Defendant(s): (3) and against. Members First Federal Credit Union- 1166 Walnut Bottom Rd., Carlisle, PA 17013 Garnishee(s): (4) and index this writ (a) against, Joyce A. Heffelbower, Defendant(s) an~:! (b) against, Members First Federal Credit Union, Garnishee(s). as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property) *'~**GARNISH ONLY*** You are directed to attach the property of the Defendant(s) not levied upon in the possession of Members First Federal Credit Union 1166 Walnut Bottom Road Carlisle, PA 17013 Garnishee(s) All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, receivables, collaterai, pledges, documents of title, securities, coupons and safe deposit boxes. Amount due $ 38,097.89 Interest from May 16, 2002 To Be Determined At an interest rate of 6% per year Total $ 38,097.89 Plus costs & interest Dated 3 February 2003 . Attorr~y' iD # ;;~;quir~ 267 E. Market Street York, PA 17403 (717)846-1252 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-3294 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HCR MANOR CARE, Plaintiff (s) From JOYCE A. HEFFELBOWER, INDIVIDUALLY, AND ROBERT HEFFELBOWER, INDIVIDUALLY, AND ON BEHALF OF JOYCE A. HEFFELBOWER (I) You are di~cted to levy upon the property of the defendant (s)aed to sell ~' (2) You are also directed to attach the property ofthe defendant(s) not lev/ed upon in the possession of MEMBERS FIRST FEDERAL CREDIT UNION - 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 - ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES, COUPONS AND SAFE DEPOSIT BOXES. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to atta¢lunent is found in the possession ofunyone other than a named garnishee, ]/ou are directed m notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $38,097.89 L.L. Interest FROM MAY 16, 2002 AT AN INTEREST RATE OF 6% PER YEAR Atty's Corem % Due Prothy $1.00 Arty Paid $149.70 Other Cost~ Plaintiff Paid Date: FEBRUARY I 1, 2003 CURTIS R. LONG (Seal) ~ REQUESTING PARTY: Name AMY F. WOLFSON, ESQUIRE Address: 267 E. MARKET STREET YORK, PA 17403 Attorney for: PLAINTIFF Telephone: 717-846-12S2 Supreme Court ID No. 87062 SHERIFF'S RETURN - GARNISHEE · CAS~ NO: 2001-03294 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HCRMANOR CARE VS HEFFELBOWER JOYCE A ETAL And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0018:00 Hours, on the 21st day of June , 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , HEFFELBOWER JOYCE A , in the hands, possession, or control of the within named Garnishee MEMBERS 1ST FEDERAL CREDIT UNION 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to TAMMY MISLYAN (ASST. MANAGER) , personally three copies of interogatories together with 3 true and attested copies of the within COMPLAINT & NOTICE and made the contents there of known to Her . Sheriff's Costs: So answer~ j.,; Service .00 Affidavit .00 . Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 .00 00/00/0000 Sworn and subscribed to before me ,-/'~ ~ ~--~ this ff~ day of Sheriff ~o~ A.D. P~othonotary SHERIFF'S RETURN - GARNISHEE ~Ab~ NO: 2001-03294 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND HCR MANOR CARE VS HEFFELBOWER JOYCE A ETAL And now JASON VIORAL ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0018:00 Hours, on the 21st day of June , 2002, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , HEFFELBOWER ROBERT IND AND ON BEHALF OF JOYCE A HEFFELBOWER , in the hands, possession, or control of the within named Garnishee MEMBERS 1ET FEDERAL CREDIT UNION 1166 WAI/gUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to TAMMY MISLYAN (ASST. MANAGER) , personally three copies of interogatories together with 3 true and attested copies of the within COMPLAINT & NOTICE and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 .00 00/00/0000 Sworn and subscribed to before me By this ~'~ day of~,u~ Sheriff 10~ A.D. ~ PrOthonotary ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, Plaintiff, v. NO. 01-3294 Joyce A. Heffelbower, Individually and Robert Heffelbower, Individually an on Behalf of Joyce A. Heffelbower, Defendants, v. CIVIL ACTION-LAW MEMBERS FIRST FEDERAL CREDIT UNION) Garnishee, PRAECIPE TO DISCONTINUE A'I-I'ACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, Members First Federal Credit Union, discontinued, upon payment of your costs only. Respectfully submitted, WOLFSON & ASSOCIATES, P.C. WOLFSON & ASSOCIATES, P.C. 267 East Market Street York, Pennsylvania 17403 Telephone No. (717)846-1252 Attorney I.D. No. 20617 Dated: 19 July2002 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) P.R.C.P. 3101 to 3149 HCR Manor Care, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JUDGMENT NO. 01-3294 Joyce A. Heffelbower, Individually, and Robert Heffelbower, Individually, and on Behalf of Joyce A. Heffelbower, PRAECIPE FOR WRIT OF EXECUTION Defendant (MONEY JUDGMENT) To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against, Joyce A. Heffelbower c/o Karl E. Rominger, Esq.- 155 S Hanover St., Carlisle, PA 17013, Defendant(s); (3) and against, Members First Federal Credit Union- 1166 Walnut Bottom Rd., Carlisle, PA 17013 Garnishee(s); (4) and index this writ (a) against, Joyce A. Heffelbower, Defendant(s) and (b) against, Members First Federal Credit Union, Garnishee(s), as a lis pendens against the real property of the Defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property) ****GARNISH ONLY*** You are directed to attach the property of the Defendant(s) not levied upon in the possession of Members First Federal Credit Union 1166 Walnut Bottom Road Carlisle, PA 17013 Garnishee(s) All accounts including but not limited to all savings, checking and other accounts, certificates of deposit, notes receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes. Amount due $ 38,097.89 Interest from May 16, 2002 To Be Determined At an interest rate of 6% per year Total $ 38,097.89 Plus costs & interest ~ -'/""-- ~niel F. Wolfson, Esquire ~' -'-- Attorney ID # 20617 267 E. Market Street York, PA 17403 (717)846-1252 WRIT OF EXECUTION and/ur ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-3294 Civil COUNTY OF CUMBERLAND.) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HCR MANOR CARE, Plaintiff (s) From JOYCE A. HEFFELBOWER, INDIVIDUALLY, AND ROBERT HEFFELBOWER, INDIVIDUALLY. AND ON BEHALF OF JOYCE A. HEFFELBOWER (1) You are directed m levy upon the property of the defendant (s)and to sell JOYCE A. HEFFELBOWER C/O KARL E. ROMINGER, ESQ. - 155 S HANOVER ST., CARLISLE, PA 17013. (2) You are also directed to a~ach the property of the defendant(s) not levied upon in the possession of MEMBERS FIRST FEDERAL CREDIT UNION, 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnisbee(s) that: (a) an a~aclunent has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If properly of the de fendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/sbe has been added as a garnishee and is enjoined as above stated. Amount Due $30,097.89 L.L. $.50 Interest FROM 5/16/02 AT AN INTEREST RATE OF 6% PER YEAR Alty's Corem % Due Prothy $1.00 A~ty Paid S122.70 Other Costs Plaintiff Paid Date: JUNE 14, 2002 CURTIS R. LONG Prntho o .. (Seal) _ Deputy REQUESTING PARTY: Name DANIEL F. WOLFSON, ESQUIRE Address: 267 E. MARKET STREET YORK, PA 17403 A~orney for: PLAINTIFF Telephone: 717-846-12S2 Supreme Cour~ ID No. 20617 SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-03294 P COMMONWEALTH OF PENNSLYV~NIA COUNTY OF CUMBERLAND HCR MANOR CARE VS HEFFELBOWER JOYCE A ETAL And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who bein9 duly sworn according to law, at 0015:03 Hours, .on the 24th day of February , 2003, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , HEFFELBOWER ROBERT IND AND ON BEHALF OF JOYCE A HEFFELBOWER , in the hands, possession, or control of the within named Garnishee MEMBERS 1ST FEDERAL CREDIT UNION 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to ANTHONY DAMORE (BRANCH MANAGER personally three copies of interogatories to~ether with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His Sheriff's Costs: So ~ej: Docketing .00 Service .00 Affidavit .00 R. Thomas Surcharge .00 Sheriff of Cumberland County .00 .00 00/00/0000 Sworn and subscribed to before me this ~ day of~ By Pr6t~onotary SHERIFF'S RETURN - GARNISHEE CASE NO: 2001-03294 P COMMONWEALTH OF PENNSLY'VANIA COUNTY OF CUMBERLAND MCR MANOR CARE VS HEFFELBOWER JOYCE A ETAL And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:03 Hours, on the 24th day of February , 2003, attached as herein commanded all §oods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , HEFFELBOWER JOYCE A , in the hands, possession, or control of the within named Garnishee MEMBERS 1ST FEDERAL CREDIT UNION 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to ANTHONY DAMORE (BRANCH MANAGER) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His Sheriff's Costs: So i: Service .00 Affidavit .00 Surcharge .00 Sheriff of Cumberland County .00 .00 00/00/0000 Sworn and subscribed to before me By // this g-~ day of ~ ~p~ty~S~riff ~6D3 A. D. P~ot'honot ary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR Manor Care, Plaintiff, v. NO. 01-3294 Joyce A Heffelbower, Individually and Robert Heffelbower, Individua ly and on Behalf of Joyce A. Heffelbower, Defendants, V. Members First Federal Credit Union, Garnishee, Garnishee: Members First Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 PRAEClPE FOR JUDGMENT UPON ADMISSION To the Prothonotary: P ea.s.e enter judgment in favor of the Plaintiff and against the Garnishee, Members F~rst Federal Credit, in the amount of $ 7,497.20, as admitted in the to interrogatories to be in the Garnishee's possession. The amount of the judgment together with interest and costs of the Plaintiff against the Defendant is $38,097.89. Dated: 3 July 2002 AD~t °n ~le~' f°Wr ~?nfitiffE sq u ' re I I.D. No. 20617 WOLFSON & ASSOCIATES, P.C. 267 East Market Street York, PA 17403-2000 Telephone: (717) 846-1252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR Manor Care, Plaintiff, v. NO. 01-3294 Joyce A. Heffelbower, Individually and Robert Heffeibower, Individually an on Behalf of Joyce A. Heffelbower, Defendants, NOTICE OF FILING JUDGMENT V, Members First Federal Credit Union, Garnishee, x ) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount of $ 7,497.20 . ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Prothonotary Civil DiviSion ~;~ ...~by: - -~. If you have any questions regarding this Notice, please contact the filing party. Daniel F. Wolfson, Esquire WOLFSON & ASSOCIATES, P.C 267 East Market Street York, PA 17403-2000 (717) 846-1252 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: Members First Federal Credit Union Joyce A. Heffelbbwer c/o Karl E. Rominger, Ese ~00 Louise Drive 155 S. Hanover Street Mechanicsburg, PA 17055 Carlisle, PA 17013 PLAINTIFF'S INTERROGATORIES TO GARNISHEE DEFENDANT - JOYCE A. HEFFELBOWER $S# 209-12-g273 1. RY A : At the time you were served or at any su.b. sequent time, state whether or not the Defendant(s). maintains any checking, savings, I,nes of credit, certificate of deposit's or other depository accounts with your institution. If so state the dent flcation numbers of those accounts, and the amount or amounts the Defendant(s) has. In each account. If the Defendant(a) maintains any of these jointly wi~ any other parson, or persons, give their name andaddress. ;';'. 4[ . IA. ~ T : Am any .o.f thR acoounta you have {{stad above o rs~ deposit account,? If yam, please state the Identification numbers of those accounts. 2. OXES: At the time you were served or at any subsequent time sta~..wh.~~dant(s) maintains any Mfe de0oalt box or boxes, If so, Iht. Jude the Identification number or other designation of tl~ box or boxes. Include a full description of the .contents and also the amount of ~ash among those conten, ta If th, e Defendant(s) malntmns any of these Jointly with any other person or persona g;ve the;r full name and address. 3.. ~ At the time you were ~erved or at any subsequent time state wnatner or not Defendant(s} owns any personal property that was In your possession and/or .cont. r. ol, I_f .so., include a _full description of all personal property gNIng fu I va ua and pre~ent lOCation. State also whether or not them are any ancumberencea or liens holders, the present balance of the eneumbersnce. State where and when the encumberences or liens was recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR Manor Care, NO. 01-3294 Plaintiff Joyce A. Heffelbower I.n.d. lvidually, and Robert Heffelbower Individually, and on Behalf of Joyce A. Helle bower, CIVIL ACTION - LAW Defendants INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION TO: Members FiretFederelCreditUnion 1166WalnutBottom Rd. Cedi$1e, PA 17013 PURSUANT TO RULE 3114 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROC-dt, TORIE8 HAVE SEEN SERVED UPON YOUR INSTITUTION. GARNISHEE 18 HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELYAND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY TH E LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEEI A. You are requ red to file answers to the followln, g !ntermgatorles within twenty (20) days after service upon you. Failure to do so may result m judgment against you. B. The term "Defendant(s)" means the Individual(s) or entity against whom the Writ of Execution was issued. '~'ou" means the main office and all branch offices, representativea,.e~ployees, C. end agents of your organization. . D. By service of. the ,Writ of Exeoution. upon you, all property, of the Defendant{s) subject to~, custody or control Is attached, Including all attachment which Is in.your possesston _ property of the Defendant(s) which comes Into your possess on tharea~er. E. These Interrogatories are considered to be oontln.uing and therefore should be modified or supplemented as you receive further or additional Information. . F. Where exact information cannot be furnished, estimated information is to be suppl~ed. W~,en an estimate is to be used, it shoul.d, be identified as such; and an explanation should ..be g~ven es to the basis on which the estimate I,, mede, and the reason the exact informs,on cannot be furnished. G. Where knowledge or infor.,m, atlon in possession of a party Is requested, such request includes knowledge of the party s agents, representatives, an(] attorneys. 4. ~:]~L~J~L~: At the time you were served or at any subsequen! time, did you know o~the ~stence of any other asset(s) o.f the Defendant(s) whic. h a..m not d~scJo, sed in the preceding Interrogatories. If so, please set forth ell detalia concerning thOSe asse~. 5. ~ At the time you were served or at any subsequent time, was there in your possession, custody, or control or In thej. olnl.ng posse, ssion, cust.ody;~r.~.n,l._ro/o_f.,y,?.?.~ and one or more other persons any properly ol any nmure .oven.. eo solely or In paf[ .u.y aj:y Defendant(s)? If so, please describe for esch Defendant each ~tem of property including its value. 8. ~ At the time you were served or at any subsequent time, did you hold lpg.al, .or ..eq.ultab. le t.'~!e, to any property of any nature owned .solely_ .o.r in p. ad .b.y Defendant(s) or In which and Defendant(s) held or .cl. aimed any interest7 It so, ~3e~n~e ~or each Defendant each item of property including rte value and the Interest held by the Defendant(s). 7. IA Y: At the time you were served er et any subseq~y property in which any Defends.hr(a) had .m.n Interest? If so,.please describe for each ~etr~endant($) the nature of the property ~ncludlng ~ts value and the ~ntereat of Defendant(s). 8. F · At any time before or after you were served, did any n ,reran property to you or to any person or place pursuant t.° y°ur I o~~v,.;.,........,., ,~..rlb. the nroperty tmn,feiTed ~rdel~vered '11 d~rectlon or consent I~S.o...mr ea~..~ _~.2.~.".' '_'~"~"~.,. ~. ,-.,-S"~demtion ~ald. "including the dates o~' cie.rely or [mnmm ...u .~-.~ -.- ..--. .... gc =,,-, n, ,-re~-,un,NC, TO GARNIS!~EE: Are there any aff_om, eys.. f~....a.o.r P~?e_[sl_n_~oe~n ;,~raed ¥ you agmns t ff... n an_ ~ _or account(s)~h, .De~ena.an~.[?J ~tro~:e~"r~i:~, | ;'~-~-i~a the exa~t'emount of anY or the attorney for the garnishee mr me plepaf4a[r~, v, a,,~ ,~, ....e WOLF$ON & ASSOCIATES, P.C. 287 East Marl<et Street York, PA 17403 (717) 846.1252 D ate d: _1.!_~11~..~,~,~ IN THE COURT OF COlvllqON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, No. 01-3294 Plaintiff VS. Action in: Civil-Law :]OYCE A. HEFFELBOWER, Individually, and ROBERT HEFFELBOWER, Individually, and on Behalf of ]OYCE A. HEFFELBOWER, Defendants PRAECIPE FOR ]UDGlqENT ENTER JUDGMENT in the above case for failure to file, enter, an TO ENTER A DEFENSE against 1OYCE A. HEFFELBOWER in favor of HCR MANOR CARE in the sum of $ 38.097.89 with Interest AS ALLOWED BY STATUTE Total: $38.097.89 AND COURT COSTS ~20 ~;L :Judgment entered by the Pro~ono~ry this day according to the tenor of the alcove statement. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : _. vs. : CIVIL ACTION - : LAW :]OYCE A. HEFFELBOWER, Individually, : and ROBERT HEFFELBOWER, IndMdually, and on Behalf of ]OYCE A. HEFFELBOWER, : Defendant : CERTIFICATION I, Daniel F. Wolfson, Esquire, due hereby certify that on October 4, 200 !, I caused a true and correct copy of the I 0 Day Notice Prior to Filing Judgment attached hereto to be served on the Defendant, ]oyce Heffelbower. WOLFSON 8~ ASSOCIATES, P.C. 267 East Market Street York, Pennsylvania ! 7403 Telephone No. (717) 846-1252 I.D. # 20617 Date: ~ I IL~!('~''~' Attorney for Plaintiff WOLFSON & ASSOCIATES, P.C. Attorneys at Law BRANCH OFFICE: ATrORNEYS 8 Manchester Street Daniel F. Wolfson 9_67 East Market Street Glen Rock, PA 17327 Amy F. Wolfson Philip C. Warholic York, Pennsylvania 17403 (717) 235-5014 COUNSEL (717) 846-1252 PLEASE FORWARD ALL ~on~son a. Wmi~ms (800) 321-8467 CORRESPONDENCE TO Donald L. Hoage * FAX (717) 848-1146 THE YORE OFFICE PARALEGAI~ ........ Margaret L. Burg e.mail: dfwolfson @debtcoilectlon.net Susan K. Kostalas October 4, 200 ! Karl E. Romlnger, Esquire 155 South Hanover Street Carlisle, Pa ! 7013 Re: HCR lvlanor Care vs Joyce A. Heffelbower Et. Al. Docket No. 01-3294 (CP Cumbei'land County) I 0 Day Notice Dear Attorney Rominger: We enclose a i O-Day Notice pursuant to Rule 237'. I of the Pennsylvania Rules of Civil Procedure. Sincerely, Daniel F. Wolfson, Esquire DFW/cc enclosure IN THE COURT OF COlqlqON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR PlANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW : :]OYCE A. HEFFELBOWER, Individually, and : ROBERT HEFFELBOWER, IndMdually, : and on Behalf of :]OYCE A. HEFFELBOWER, : Defendants : TO: ]OYCE HEFFELBOWER C/O KARL E. ROFIINGER, ESQ. ! 55 SOUTH HANOVER STREET CARLISLE, PA 17013 DATE OF NOTICE: October 4, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A ]UDGI~ENT HAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU HAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House I Court House Square, 4* Floor Carlisle, Pennsylvania 17013 Daniel F. Wolfson, Esquire WOLFSON ~r ASSOCIATES, P.C. 267 East Market Street York, Pennsylvania ! 7403-2000 Telephone: (717) 846-1252 I.D. # 20617 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR HANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, Individually, and : ROBERT HEFFELBOWER, Individually, and on : Behalf of ]OYCE A. HEFFELBOWER, : Defendants : NOTICE OF ORDER, DECREE OR JUDGMENT TO: ( ) PLAINTIFF (X) DEFENDANT ( ) GARNISHEE ( ) ADDITIONAL DEFENDANT YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING ORDER, DECREE OR JUDGMENT HAS BEEN ENTERED AGAINST YOU ON IN ACCORDANCE WITH THE PROVISIONS OF PA.R.C.P. 236 ( ) DECREE NlSl IN EQUITY ( ) FINAL DECREE IN EQUITY (X) JUDGMENT OF ( ) coNFEssION ( ) VERDICT (X) DEFAULT ( ) NON-SUIT ( ) NON-PROS ( ) ARBITRATION AWARD (X) JUDGMENT IS IN THE AMOUNT OF $38,097.89 PLUS COSTS $95.70 FOR A TOTAL OF $38,193.59. ( ) DISTRICT JUSTICE TRANSCRIPT OF JUDGMENT IN CIVIL ACTION IN THE AMOUNT OF $ PLUS COSTS. ( ) IF NOT SATISFIED WITHIN SIXTY (60) DAYS, YOUR MOTOR VEHICLE OPERATOR'S LICENSE WILL BE SUSPENDED BY THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION PROTHONOTARY IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE, PLEASE CONTACT: NAME OF (A]-~ORNEY/FILING PARTY): WOLFSON & ASSOCIATES, P.C. ADDRESS: 267 EAST MARKET STREET YORK, PENNSYLVANIA 17403 TELEPHONE NUMBER: (717) 846-1252 OR 800-321-8467 NOTICE SENTTO: JOYCE A. }{EFFELBOWER C/O KARL E. ROMINGER, ESQUIRE 155 SOUTH HANOVER STREET CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR Manor Care. : : Plaintiff. : v. : NO. 200103294 : Joyce A. Heffelbower. Indiv.. : and Rober~ Heffelbower. Indiv. : and on Behalf of Joyce A. : Heffelbower, : : Defendant(s), : Members First Federal Credit Union. : : Garnishee, : Garnishee: Members First Federal Credit Union 1166 Walnut Bottom Rd. Carlisle, PA 17013 PRAECIPE FOR JUDGMENT UPON ADMISSION To the Prothonotary: Please enter judgment in favor of the PIaintiffand against the Garnishee, Members First Federal Credit Union, in tile amount ors 982.70. as admitted in the answer to interrogatories to be in the Garnishee's possession. The amount of the judgment together with interest and costs of the Plaintiffagainst tile Defendant is $ 38,09?.89 . Dated: 3 March 2 I) 03 ,~,~~~ I.D. No. 87002 WOLFSON & ASSOCIATES. P.C. 267 East Market Street York. PA 17403-2000 Telephone: (717) 846-1252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR Manor Care, Plaintiff; v. NO. 200103294 Joyce A. Heffelbower, lndiv., and Robert Heffelbower, lndiv. and on Behalf of Joyce A. Heffelbower, Defendant(s). NOTICE OF FILING JUDGMENT V. Members First Federal Credit Union, Garnishee. ( x ) Notice is hereby given that a judgment in the above-captioned matter has been entered against you in the amount orS 982.70. ( ) A copy of all documents filed with the Prothonotary in support ofthe within judgment is/are enclosed. Pr6thonotary CMl DiGsion ~, lfyou have any questions regarding this Notice. please contact the filing pa~y. Amy F. Wolfson, Esquire WOLFSON & ASSOCIATES, P.C. 267 East Market Street York, PA 17403-2000 (717) 846-1252 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: Members First Federal Credit Union Joyce A. Heffelbower c/o P.O. Box 40 Karl E. Rominger, Esq. Mechanicsburg, PA 17055 155 S Hanover St., Carlisle, PA 17013 03/20/03 21:29 FAT ~03 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR Manor Care, NO. 01-3294 Plaintiff VS, Joyce A. Heffelbower, Individually and Robert Heffelbower, ndividually, and on Behalf of Joyce A. Heffelbower, CIVIL ACTION - LAW Defendants ~,~.)['~ E./',.~ ~ INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION ..... TO: Members First Federal Credit Union 1166 Walnut Bottom Rd. Carlisle, PA 17013 PURSUANT TO RULE 3114 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOV~ING INTERROGATORIES SEPARATELY AND FULLY ?,LEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOI~ S EFFORTS TO SAT OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NoTICEs AND INSTRUCTIONS TO GARNISHEE! A. You are required to tile answers to the following interrogatories within twenty (:)0) days after service upon you. Failure to do so may result n judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ o~' " Execution was issued. C. "You" means the main office and all branch offices, representatives, employees, and agents of your organization. D. By service of the Walt of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all proper~y of the Defendant(s)which comes into your possession thereafter. E. These Interrogatories are considered to be cont nuing an.d. therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used it should be identified as such, and an explanation should be given as to the bas s on which the estimate is made, and the reason the exact information cannot be ~rnished. G. Where knowledge or information in possession of a party is requested, such requesl' includes knowledge of the party's agents, representatives, and attorneys. 5S#209-.12-.0273 03/20/03 21:29 PLAINTIFF'S INTERROGATORIES TO GARNISHEE DEFENDANT - JOYCE A, HEFFELBOWER SS8 209-12-9273 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time state whether or not the Defendant(s) maintains any checking, savings, lines of credit certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or give their name and address. ~ lA. DIRECT DEPOSIT ACCOUNTS; Are any ~fthe accounts you have listed above direct deposit accounts? If yes, please state the ident~,~on numbers of those accounts. 2. SAFE DEPOSIT BOXES: At the time you were served or at ;any subsequent time state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, in,cl.u, de the identification number or other designation of the box or boxes. Include a full descnFhon of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. 3. PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any persona property that was in your possession and/or control. If so, include a fu description of all personal property giving full value and present location. State also whether or not there are any encumberances or liens holders, the present balance of the encumberance. State where and when the encumberances or liens was recorded. If the Defendant(s) owns any personal property jointly with any person or persons. g~ve names and address. 03/20/03 21:29 · '~ '" l/ ~o~ · :4. ~: At the time you were served or at any subsequent time. did you know of the existence of any other asset(s) of the Defendant(s) which are not d sclosed in the preceding Interrogatories. if so. please set forth all details concerning those asset. 5. ~ At the time you were serve, d or at any subsequent time, your possession, custody, or control or in the joJnin possession, custod . or control of yourself and one or more other persons any property o~any nature owned so~l or in art b ~tsnYva~uefee. ndant(s)? If so, prease describe for each Defendant each item of propeYr~j inci~udin~ At the time you were served or at any subsequent time, did you hold or equitable title to any property of any nature owned solely or in part by the :lant(s) or in which and Defendant(s) held or claimed any interest'~ If so describe for each Defendant each item of property including its value and the i~'terest' held by the " Defendant(s). · "- 03/20/03 2.T:29 F..~T [~oe 7. PR'OPEI~TY HELD AS A FIDUCIARY; At the time you were served or at any subsequent time, did you hord as a fiduciary any ro eft in ' !_n_terest? Jf..so, p!ease describe for each D f P p Y w_h_ich any Defend. a.nt('s.) had en value and me interest of Defendant(s) e endant(s) the nature of the property including its At any time before or after you were served did any · r or deliver any property to you orto an ' .direCt.on or consent If so for each . y person, o.r place pursuant to your fnclunm the dates of ~, Dafenda?_t(s)_,d~scnbe the .pr. opert7 Trans. mrred or delivered g del,v~ry or.transfer and ~tate the consioeration paid. FEES OUTSTANDING TO GARNISHFr': Are there an . .a~ .,.d by you a. Fainst the Defendant(s )or-account(s)of t~ :t tl~feenYc~afne?~ ,o~r .p~??_s,nq f.e. e s u,a ~nswer IT yes, outline t~- .... -~ ............. ,?,,,~a/~u[me compleTiOn · ,f~ ~^a~.[ ,~l[iUUm o[ any Tees oue an ' or the attorney for the garnishee for the preparation o~the Answer (3 owing to the garnishee WOLFSON & ASSOCIATES, P.C. BY:~ York, PA 17403 Dated:_ 3 February 2003 (717) 846-1252 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR Manor Care, Plaintiff, v. NO. 01-3294 Joyce A. Heffelbower, Individually, and Robert Heffelbower. Individually, and on Behalf of Joyce A. Heffelbower, Defendants, v. : CIVIL ACTION-LAW : Members First Federal Credit Union. : Garnishee, : PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly mark the attachment against the Garnishee, Members First Federal Credit Union, discontinued, t.pon payment ofyour costs only. Respectfully submitted, WOLFSON & ASSOCIATES, P.C. Amy id. Wol~n, Esq'~ir~ ~ Attorney fgf"Plainti ff ~' WOLFSON & ASSOCIATES, P.C. 267 East Market Street York, Pennsylvania 17403 Telephone No. (717)846-1252 Attorney I.D. No. 87062 Dated: Mamh 20. 2003 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs: 76.84 .Docketing 18.00 73.16 Poundage 1.44 Advertising Law Library .50 Prothonotary /.. 00 Refunded to Atty on 6,/4/03 Mileage 6.90 Misc. Surcharge 20. O0 Levy 20.00 Post Pone Sale Garnishee 9.00 76.8/~ Sworn and Subscribed to before me So Answers; t R. Thomas Kline, 2003 A.D. -~('~ a ~ ,c0~'q By__~! ?Ldq~-~._ Q · P~thonotary .. , · -.. WRIT OF EXECUTION and/or ATTACHMENT .... "' ""' ~ COMMONWEALTH OF PENNSYLVANIA) NO 01-3294 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HCR MANOR CARE, Finintiff (s) From JOYCE A. HEFFELBOWEI~ INDIVIDUALLY, AND ROBERT HEFFELBOWEI~ INDIVIDUALLY, AND ON BEHALF OF JOYCE A. HEFFELBOWER (1) You are directed to levy upon the property of the defendmnt (s)and to sell JOYCE A. I-IEFFELBOWER C/O KARL E. ROMINGER, ESQ. - 155 S HANOVER ST., CARLISLE, PA 17013. (2) You are also directed to a0ach the property of the defend{mi(s) not levied upon in the possession of MEMBERS Iqlt, ST FEDERAL CREDIT UNION, 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to not/fy the garnishee(s) that: (a) an attachment has been issued; ih) the gam/shae(s) is enjoined from pay/nE any debt to or for the account of the defendant (s) and from delivering any propeWy of the defl~ndant (s) or otherwise disposinlm thereof; (3) If property of the defendant(s) not levied upon an subject to aWachment is found in the possessinn of anyone other than a named §amishee, you are d/rected to notify h/m/her that he/she has been added as a gam/shee and is enjoined as above stated. Amount Due $38,097.89 L.L. $.50 Interest FROM 5/1~/02 AT AN INTEREST RATE OF 6% PER YEAR Alty's Corem % Due Prothy $I.00 Atly Paid $122.70 Other Costs Plaintiff Paid Date: JUNE 14, 2002 CURTIS R. LONG Prothono~ . (Seal) ii.v: ~--~-~Ya.~.L ~-'). ~f/Y/~j'~ -- Deputy (-' REQUESTING PARTY: Name DAN'IEL F. WOLFSON, ESQUIRE Address: 267 E. MARKET STREET YORK, PA 17403 A~omey for: PLAINTIFF Telephone: 717-~46-1252 Supreme Court ID No. 20617 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-3294 Civil COUNTY OF CUMBERLAND) CML ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HCR MANOR CARE, Plaintiff (s) From JOYCE A. HEFFELBOWER, INDIVIDUALLY, AND ROBERT HEFFELBOWER, INDIVIDUALLY, AND ON BEHALF OF JOYCE A. HEFFELBOWER (I) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to anach the property of the defendant(s) not levied upon in the possession of MEMBERS FIRST FEDERAL CREDIT UNION - 1166 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 - ALL ACCOUNTS INCLUDING BUT NOT LIMITED TO ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, CERTIFICATES OF DEPOSIT, NOTES RECEIVABLES, COLLATERAL, PLEDGES, DOCUMENTS OF TITLE, SECURITIES. COUPONS AND SAFE DEPOSIT BOXES. GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an anachment has bean issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) if property of the defendunt(s) not levied upon an subject to attaclunant is found in the possession of anyone other than a named garnishee, ~ou are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $38,097.09 L.L. Interest FROM MAY 16, 2002 AT AN INTEREST RATE OF 6% PER YEAR Atty's Corem % Due Prothy $1.00 At'Bt Paid $149.70 Other Costs Plaintiff Paid Date: FEBRUARY 11, 2003 CURTIS R. LONG (Seal) ~ Deputy REQUESTING PARTY: Name AMY F. WOLFSON, ESQUIRE Address: 267 E. MARKET STREET YORK, PA 17403 Attorney for: PLAINTIFF Telephone: 717=846=1252 Supreme Court ID No. 87062 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Advance Cos~: 150.00 Sheriff's Costs: 101.10 Docketing 18.00 48.90 Poundage 19.65 Advertising Law Library Prothonotary 1.00 Refunded to Atty on 4/~/03 Mileagc 3. ~ 5 Misc. Surcharge 30.00 Levy 20.00 Post Pone Sale Garnishee 9.00 101.10 Sworn and Subscribed to before me So Answers; R. Thomas Kiine, SHeriff 2003 A.D. Prothonotary By ~ ~.. Q. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. OI -:3294 Plaintiff : : vs. : CIVIL ACTION - LAW : JOYCE A. HEFFELBOWER, Individually, : and ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER,: Defendants : PLAINTIFF'S REPLY TO DEFENDANT ROBERT HEFFELBOWER'S NEW MATTER AND NOW, TO WIT, this,~ 1 day of October, 200 I, comes the Plaintiff, HCR Manor Care, by and through its attorney, Daniel F. Wolfson, Esquire, and the law firm of Wolfson ~ Associates, P.C., and flies the following Reply to New Matter and in support thereof avers as follows: The allegations and averments contained within paragraphs One (1) through Twenty-Five (25) of the Plaintiff's Amended Complaint are incorporated herein by reference as if set forth in full. 26. Paragraph 26 of Defendant's Answer and New Matter Is an incorporation paragraph to which no response is required. To the extent that a response is necessary, same Is denied and the allegations contained in Plaintiff's Complaint are incorporated herein by reference as if set forth in full. 27. Denied. By way of further answer, Defendant Robert Heffelbower represented himself to be the Legal representative and/or Responsible Party for Defendant 1 Joyce Heffelbower, and in that capacity, on or about October 18, 1999, Defendant Robert Heffelbower executed an Admission Agreement, on behalf of Defendant Joyce Heffelbower, which Agreement outlined various terms of residential health care services to be provided by Plaintiff and the Responsible Party therefor. By executing said Admission Agreement, Defendant Robert Heffelbower did acknowledge that Plaintiff would be relying on the "Conditions", which are incorporated into the Admission Agreement in admitting the Patient' and that if Defendant Robert Heffelbower did not follow through with said Conditions, Plaintiff will have detrimentally relied upon said Conditions and Plaintiff would suffer financial harm and loss. That Paragraph four (4) of the Admission Agreement did describe the various responsibilities of Defendants, which responsibilities did include payment for the dally rate and charges for supplemental services, supplies not paid by any third pan,/, as well as applicable co-insurance and deductibles and all expenses of discharge of transfer, and Paragraph five (5) of the Responsible Party Appointment' which was attached to the Admission Agreement, did describe Defendant Robert Heffelbower's responsibilities In compiling and completing applications for all third party payor programs, including but not limited to, Medicaid. The remaining allegations contained in Paragraph 27 of Defendant's Answer and New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. 28. Denied. It is specifically denied that Plaintiff represented to Defendant Robert Heffelbower that Defendant Robert Heffelbower would not be financially responsible for any charges of any kind or nature whatsoever relative to Defendant :]oyce Heffelbower. Therefore, same is denied and strict proof is demanded at trial. 29. Denied. It is specifically denied that Plaintiff at any time represented to Defendant Robert Heffelbower that Plaintiff would complete any and all third-party applications for all third-party payor programs, including Medicaid, as the completion of said applications is the direct responsibility of the Resident and the Resident's Legal Representative and/or Responsible Party, as detailed in the Admission Agreement which was signed and executed by Defendant Robert Heffelbower, and which is attached to Plaintiff's Amended Complaint as Exhibit "B". 30. Denied. It is specifically denied that any Statements of Account sent to Defendant Robert Heffelbower concerning Defendant :]oyce Heffelbower conflicted in any way. As for the remainder of the allegation contained in Paragraph 30 of Defendant Robert Heffelbower's Answer and New Matter, after reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. 3 I. Denied. It Is specifically denied that Plaintiff represented to Defendant Robert Heffelbower that no monies would be due and owing to Plaintiff or that all charges would be covered for Defendant Joyce Heffelbower's stay at Plaintiff's facility would be covered by lqedicald. 32. Admitted in part; denied in part. It is admitted only that Defendant Robert Heffelbower delivered a check to Plaintiff, as a payment on the account of Defendant ]oyce Heffelbower, in the amount of $3,28 ! .OO. As for the remainder of the allegation contained in Paragraph 32 of Defendant Robert Heffelbower's Answer and New Matter, after reasonable investigation, Plaintiff is without sufficient Information or knowledge to form a belief as to the truth or veracity of this allegation. Therefore, same is denied and strict proof is demanded at trial. 33. Denied. It is specifically denied that Plaintiff represented to Defendant Robert Heffelbower that after delivery of a check to Plaintiff that all charges relating to Defendant :]oyce Heffelbower's account would be taken care of and that no further charges would accrue. It is also specifically denied that Plaintiff represented that it would complete and submit all necessary paperwork for Medicaid, as the completion of said applications is the direct responsibility of the Resident and the Resident's Legal Representative and/or Responsible Party, as detailed in the Admission Agreement which was signed and executed by Defendant Robert Heffelbower. 34. Denied. The allegations contained in paragraph 34 of Defendant Robert Heffelbower's Answer and New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. 35. Denied. The allegations contained in paragraph 35 of Defendant Robert Heffelbower's Answer and New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By way of further answer, k is specifically denied that Plaintiff is 4 estopped from claiming any additional damages from Defendants as there was never any agreement between the parties that the check in the amount of $3,281.00, delivered by Defendant Robert Heffelbower to Plaintiff as a payment on the account of Defendant ]oyce Heffelbower, would be a payment in full and final satisfaction the account balance due and owing by Defendants. 36. Denied. The allegations contained in paragraph 36 of Defendant Robert Heffelbower's Answer and New lqatter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By way of further answer, the Admission Agreement, which is attached to Plaintiff's Amended Complaint as Exhibit "B", which was signed and executed by Defendant Robert Heffelbower is the writing which Plaintiff is utilizing to hold Defendant Robert Heffelbower liable, individually and on behalf of Defendant :]oyce Heffelbower, for the account balance which is currently due and owing. 37. Denied. it Is specifically denied that Plaintiff has not produced any writing in which Defendant Robert Heffelbower agreed to be financially responsible for the debt of Defendant :]ouce Heffelbower. By way of further answer, the Admission Agreement, which is attached to Plaintiff's Amended Complaint as Exhibit "B", which was signed and executed by Defendant Robert Heffelbower is the writing which Plaintiff is utilizing to hold Defendant Robert Heffelbower liable, Individually and on behalf of Defendant :]oyce Heffelbower, for the account balance which is currently due and owing. 38. Denied. It is specifically denied that Plaintiff's Amended Complaint is barred 5 in any way by the Statute of Frauds as Plaintiff has produced a writing required in order to bold one liable for the debt of another. By way of further answer, the Admission Agreement, which is attached to Plaintiff's Amended Complaint as Exhibit "B", which was signed and executed by Defendant Robert Heffelbower is the writing which Plaintiff is utilizing to hold Defendant Robert Heffelbower liable, individually and on behalf of Defendant :loyce Heffelbower, for the account balance which is currently due and owing. 39. Admitted in part; denied in part. It is admitted that no services were rendered by Plaintiff to Robert Heffelbower individually. By way of further answer, Defendant Robert Heffelbower did in fact receive consideration for executing the Admission Agreement as the Legal Representative and/or Responsible Party for Defendant :]oyce Heffelbower as Plaintiff rendered necessary residential health care services and health care treatment to Defendant Robert Heffelbower's mother, Defendant :]oyce Heffelbower. 40. Denied. It is specifically denied that Plaintiff has no bads for the liability of Defendant Robert Heffelbower in the present matter. By way of further answer, the Admission Agreement, which is attached to Plaintiff's Amended Complaint as Exhibit "B", which was signed and executed by Defendant Robert Heffelbower is the writing which Plaintiff is utilizing to hold Defendant Robert Heffelbower liable, Individually and on behalf of Defendant :]oyce Heffelbower, for the account balance which is currently due and owing. Also, Defendant Robert Heffelbower did in fact receive consideration for executing the Admission Agreement as the Legal Representative and/or Responsible Party for Defendant ~]oyce Heffelbower as Plaintiff rendered necessary residential health care services and heakh 6 care treatment to Defendant Robert Heffelbower's mother, Defendant :]oyce Heffelbower. 41. Denied· The allegations contained in paragraph 41 of Defendant Robert Heffelbower's Answer and New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof Is demanded at trial. 42. Denied· The allegations contained in paragraph 42 of Defendant Robert Heffelbower's Answer and New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same Is denied and strict proof is demanded at trial By way of further answer, the Admission Agreement, which is attached to Plaintiff's Amended Complaint as Exhibit "B", which was signed and executed by Defendant Robert Heffelbower, specifically states in Paragraph of the Fee Schedule that, ·.. "Should the Patient/Resident's account be turned over for collection to an attorney or collection agency,..., the Patient/Resident agrees to pay all court costs and reasonable attorney's fees of the Facility if the Facility prevails. 43. Denied. It is specifically denied that Plaintiff's Amended Complaint is barred in whole or in part by the applicable Statute of Limitations. 44. Denied. The allegations contained in paragraph 44 of Defendant Robert Heffelbower's Answer and New l~latter are conclusions of law to which no response Is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial· By way of further answer, the Admission Agreement, which is attached to Plaintiff's Amended Complaint as Exhibit "B", which was signed and executed by 7 Defendant Robert Heffelbower Is the writing which Plaintiff is utilizing to hold Defendant Robert Hetfelbower liable, individually and on behalf of Defendant :]oyce Heffelbower, for the account balance which is currently due and owing. Also, Defendant Robert Heffelbower did in fact receive consideration for executing the Admission Agreement as the Legal Representative and/or Responsible Party for Defendant ~]oyce Heffelbower as Plaintiff rendered necessary residential health care services and health care treatment to Defendant Robert Heffelbower's mother, Defendant ]oyce Heffelbower. ~,5. Denied. The allegations contained in paragraph 45 of Defendant Robert Heffelbower's Answer and New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By way of further answer Defendant Robert Heffelbower violated his fiduciary duty and responsibilities as the Legal Representative and/or Responsible Party for Defendant :]oyce Helfelbower by not utilizing Defendant Joyce Heffelbower's finances to pay Plaintiff when she knew or should have known there were outstanding medical care bills for Defendant :]oyce Heffelbower, and therefore Plaintiff detrimentally relied on Defendant Robert Heffelbower following through with the aforementioned Conditions. Also, the finances of Defendant :]oyce Heffelbower should have been utilized to pay Plaintiff for her necessary and appropriate medical services and treatment rendered by Plaintiff to Defendant :]oyce Heffelbower, but Defendant Robert Heffelbower failed to use Defendant Joyce Heffelbower's finances for that purpose, and therefore Plaintiff detrimentally relied on Defendant Robert Heffelbower following through with the aforementioned Conditions. 8 46. Denied. It is specifically denied that Plaintiff's Amended Complaint is barred In any way by the doctrines of novation and/or accord and satisfaction. 47. Denied. It Is specifically denied that Plaintiff's Amended Complaint Is barred in any way by the doctrine of consent. 48. Denied. It is specifically denied that Plaintiff's Amended Complaint is barred In any way by the doctrines of estoppel, laches and/or waiver. 49. Denied. The allegations contained in paragraph 49 of Defendant Robert Heffelbower's Answer and New Hatter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strict proof is demanded at trial. By way of further answer, Defendant Robert Helfelbower did in fact receive consideration for executing the Admission Agreement as the Legal Representative and/or Responsible Party for Defendant :]oyce Heffelbower as Plaintiff rendered necessary residential heakh care services and health care treatment to Defendant Robert Heffelbower's mother, Defendant :]oyce Heffelbower. 50. Denied. It is specifically denied that Plaintiff's Amended Complaint is barred In any way by the doctrine of failure of consideration. 5 I. Denied. It is specifically denied that Plaintiff's Amended Complaint Is barred in any way by the doctrine of impossibility of performance. 52. Denied. It is specifically denied that Plainti~s Amended Complaint is barred In any way by the doctrine of consideration. 53. Denied. It Is specifically denied that Plaindff's Amended Complaint Is barred 9 in any way by the doctrines of payment and/or release. 54. Denied. As previously stated, It Is specifically denied that Plaintiff's Amended Complaint is barred In any way by the doctrines of payment and/or release. 55. Denied. It is specifically denied that Plaintiff's Amended Complaint Is barred In any way by the doctrines of contributory and/or comparative negligence, and/or by Plaintiff's assumption of the risk. 56. Denied. The allegations contained In paragraph 56 of Defendant Robert Hetfelbower's Answer and New Matter are conclusions of law to which no response is required. To the extent that a response is necessary, same is denied and strtct proof Is demanded at trial. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant Robert Heffelbower's New Matter and enter judsrnent in favor of Plaintiff and against Defendants, along with the allowable costs of this action, and such further relief as the Court deems appropriate. Respectfully submitted, WOLFSON ez ASSOCIATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 I.D. No. 20617 Attorney for Plaintiff I0 VERIFICATION Daniel F. Wolfson, Esquire, hereby states that he is the attorney for the Plaintiff', HCR Manor Care, and he is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. WOLFSON ~r ASSOCIATE-S:, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 20617 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, Individually, : and ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER, : Defendants : CERTIFICATE OF SERVICE /,~ AND NOW, this,~-/~day of October, 200 I, I, Daniel F. Wolfson, Esquire, do hereby certify that I have served a copy of the foregoing Reply to New Matter upon the parties and/or counsel of record in the following manner and addressed as follows: CERTIFIED MAIL REGULAR MAIL RETURN RECEIPT REOUESTED POSTAGE PRE-PAID Mr. Robert Heffelbower Karl E. Rominger, Esquire 258 West North Street 155 South Hanover Street Carlisle, PA ! 7013 Carlisle, PA 17013 (Pm Se Defendant) (Counsel for Defendant, ]oyce Heffelbower) 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 20617 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaindff : vs. .' CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, Individually, : and ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER~ : Defendants : NOTICE You have been sued In Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice Is served, by entering a written appearance, personally of by attorney, and filing In waiting with the Court your defenses or oblecdons 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 ludgment may be entered against you by the Court without further notice for any money claimed In the Complaint, or documeqt, or for any othe,' ¢1ahll or relief requested by he Plaintiff. You may lose money or property or other right Impo,-tant 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICIA Le I~an demandado a used en la cone. SI used quaere defensas de esas demandas expuestas en las L~aginas, slguientes, used tlene viente (20) dlas de plazo al pardr de la fecha de lademanda y la notiflatlon. Used debe presentar una aparlencla escrlta o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus obleciones a last demandas en contra de su persona. Sea avisado que si used no se de~enda, la cone tomara medidas y psedldo entrar una orden contra used sin prevlo avlso o notit~caclon y por cualquler quela o allvio que es pedldo en la petJcion de demanda. Used puede perder dinero o sus propledades o otros derechos Importantes para used. LLEVE ESTA DEMANDA A UN ABODOAGO IFIHEDIATAI~ENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAI,4E POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA]O PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSITANCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 2 Uberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaintiff : : vs. : CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, Individually, and ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER, : Defendants : AMENDED COMPLAINT AND NOW, this 29e day of August, 2001, comes the Plaintiff, HCR Manor Care, by and through its attorney, Daniel F. Wolfson, Esquire and the law firm of Wolfson ~z Associates, P.C., and flies the within Amended Complaint and in support avers as follows: I. Plaintiff, HCR Manor Care, is a health care provider qualified to conduct business in the Commonwealth of Pennsylvania with offices and/or a place of business situate at 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Joyce A. Heffelbower, is an adult Individual with a current mailing address of 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, Robert Heffelbower, is an adult Individual with a last known address of 2S8 West North Street, Carlisle, Cumberland County, Pennsylvania, 17013. 4. That a Complaint was flied In this matter on or about May 30, 200 I. II I 5. That Defendant Robert Heffelbower filed Preliminary Oblecdons to said Complaint on or about August 3, 200 I, and Defendant ]oyce Heffelbower flied Preliminary Objections to said Complaint on or about August 21,200 I. 6. That the within Amended Complaint attempts to cure both sets of Prelintlnary Oblections filed by the Defendants In this matter. 7. That Defendant Robert Heffelbower represented himself to be the Legal representative and/or Responsible Party for Defendant Joyce Heffelbower. Defendant Robert Heffelbower is the son of Defendant :]oyce Heffelbower. 8. That on or about October 18, 1999, through the present, Defendant Robert Heffelbower was a health care resident of Plaintiff, where she did receive various necessary residential health care services and health care treatment by Plaintiff. An itemization of said services is attached hereto, Incorporated herein and marked as Exhibit 9. That on or about October 18, 1999, Defendant Robert Heffelbower executed an Admission Agreement, on behalf of Defendant ~oyce Heffelbower, which Agreement outlined various terms of residential health care services to be provided by Plaintiff and the Responsible Party therefor. A true and correct copy of the Admission Agreement including addendums Is attached hereto, Incorporated herein, and collectively marked as Exhibit "BM. I O. That by executing said Admission Agreement, Defendant Robert Heffelbower did acknowledge that Plaintiff would be relying on the "Conditions", which are incorporated into the Admission Agreement in admitting the Patient, and that if Defendant 2 Robert Heffelbower did not follow through with said Conditions, Plaintiff will have detrimentally relied upon said Conditions and Plaintiff would suffer financial harm and loss. See Exhibit "B" as previously identified and incorporated herein. I I. That Paragraph four (4) of the Admission Agreement did describe the various responsibilities of Defendants, which responsibilities did include payment for the daily rate and charges for supplemental services, supplies not paid by any third party, as well as applicable co-Insurance and deductibles and ali expenses of discharge of transfer. See Exhibit "B" as previously Identified and incorporated herein. 12. That Paragraph five (5) of the Responsible Party Appointment, which was attached to the Admission Agreement, did describe Defendant Robert Heffelbower's responsibilities in compiling and completing applications for all third party payor programs, including but not limited to, Iqedlcald. See Exhibit "B' as previously identified and incorporated herein. 13. That Plaintiff submitted to Defendants a copy of the Itemization of services accurately showing all debits and credits for transactions with Plaintiff. 14. That Defendants did not object to the above mentioned Statement of Accounts submitted by Plaintiff to Defendants. 15. As of the date of the within Complaint, the balance due, owing and unpaid on Defendant ]oyce Heffelbower's account as a result of said charges, is the sum of Twenty-Nine Thousand Three Hundred Six and 07/! O0 Dollars ($29,306.07). See Exhibit "A" as previously identified and Incorporated herein. 16. Despite Plaintiff's reasonable and repeated demands for payment, Defendants have failed, refused and continue to refuse to pay all sums due and owing on Defendant ]oyce Heffelbower's account balance, all to the damage and detriment of the Plaintiff. 1 7. Plaintiff has made numerous ~luests to Defendant Robert Heffelbower, as the Legal Representative and/or Responsible Party for Defendant ]oyce Heffelbower, demanding that the sums due and owing to Plaintiff be paid, and Defendant Robert Heffelbower, as the Legal Representative and/or Responsible Party for Defendant ]oyce Heffelbower, has Ignored his fiduciary obligation to pay necessary and appropriate bills and obligations for his mother, Defendant :]oyce Heffelbower, or to apply for Medicaid on behalf of his mother, Defendant ]oyce Heffelbower. 1 8. That Defendant Robert Heffelbower violated his fiduciary duty and responsibilities as the Legal Representative and/or Responsible Party for Defendant ]oyce Heffelbower by not utilizing Defendant :]oyce Heffelbower's finances to pay Plaintiff when she knew or should have known there were outstanding medical care bills for Defendant ]oyce Heffelbower, and therefore Plaintiff detrimentally relied on Defendant Robert Heffelbower following through with the aforementioned Conditions. 19. That the finances of Defendant :]oyce Heffelbower should have been utilized to pay Plaintiff for her necessary and appropriate medical services and treatment rendered by Plaintiff to Defendant ]oyce Heffelbower, but Defendant Robert Heffelbower failed to use Defendant ~]oyce Heffelbower's finances for that purpose, and therefore Plaintiff detrimentally relied on Defendant Robert Heffelbower following through with ti~e aforementioned Conditions. 4 20. Plaintiff has retained the services of the law firm of Wolfson ez Associates, P.C., in the collection of the amounts due from Defendants. 2 I. Pursuant to Paragraph 8 of the Fee Schedule, which is attached as part of the Admission Agreement, Plaintiff is entitied to receive and Defendants have agreed to pay all court costs, reasonable attorney's fees, and contractual interest if the account is referred over to an attorney for collection. See Exhibit "BT as previously identified and incorporated herein. 22. As of the filing of this Complaint, Plaintiff has Incurred reasonable attorneys fees from the law office of Wolfson ~z Associates, P.C., in the collection of the amounts due and owing by Defendants incident to the within action, and Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings in the amount of thirty percent (30%) of the principal balance due and owing to the Plaintiff by the Defendants. 23. The amount of attorney's fees which represents thirty percent (30%) of the principal amount due and owing is the sum of Eight Thousand Seven Hundred Ninety-One and 82/100 Dollars ($8,791.82). 24. Any and all conditions precedent to the bringing of this action have been ~erformed by Plaintiff. 25. The amount In controversy exceeds the jurisdictional amount requiring :ompulsory arbitration. S WHEREFORE, Plalndff, HCR Manor Care, respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendants, ]oyce A. Heffelbower, Individually, and Robert Heffelbower, Individually and on Behalf of ]oyce A. Heffelbower, in the amount of Twenty-Nine Thousand Three Hundred Six and 07/I O0 Dollars ($29,306.07), reasonable attorney's fees In the amount of Eight Thousand Seven Hundred Ninety-One and 82/100 Dollars ($8,791.82), the costs of this action, and such othe,' relief as the Court deems proper and just. Respectfully Submitted, / . WOLFSON &: ASSOCIATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 I.D. No. 20617 Attorney for Plaintiff 6 VERIFICATION Daniel F. Wolfson, Esquire, hereby states that he is the attorney for the Plaintiff, HCR Manor Care, and he is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made In the foregoing Amended Complaint are true and correct to the best of his knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made sublect to the ~enalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. WOLFSON &t ASSOCIATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 20617 Attomey for Plaintiff EXHIBIT "A" MANORCARE CARLISLE 372 .940 WALNUT BOTTOM ROAD CARLISLE, PA 17013 (717)-249-0085 rIEDICAID ROBERT HEFFELBObJER PRIVATE FOR JOYCE HEFFELBONER ROOM 3.).9 -A 258 bJ. NORT}ml STREET APT 2 C A R L I S L E, P A ). 7013 P~.~s,~ R~lurn This Portion HEFFLEBO~,tER, JOYCE A 99116 01/26/00 01/31/01 ~:=~: ~ CL. CE i EER¥1CE REUDERED CHARGES CREDITS 0~---/-~"~-0~ BALANCE FORt,IARD ............. 28,976.27 ((1/e)./01 11900 MCB PREMIUM (' QTY 1-) 50.m 02/01/81 ADV PVT PORTTON 51.5.32 ea/3.t/80 ADJ RVS COINS B--OO 4B,¢) 89/:)0/00 AOJ RVS COINS 9--0~, 4B.q :)0/31/80 AD3 RVS COINS ).8-00 37,r. PAYMENT DUE BY THE .~ 10TH OF TI'IE J'{ONTH ; 29,386.0: AMOUNT DUE £.~[DE,,,L.Do: L: DAT[ O~ £[£$T RCT[V]T~ PAEE ' ~.~[~ ~[~;... -:'~:.- R00~ ' ~ d. -~ IEV~ ~ O.s PR]V PORt: ~'PRIV~T~ - AUG I~ ..... " '"' "" '"'" ,,Lie ~O~ H E CG-I~S LAB-G~UCOH ~ Hlel/~ 1.75 aB.;; F- :[-i~; ' "~; ,~' ~' 112e6 FT CO-II;S LAB-GLUCOSE lBliBle~ i.7B ~, L,.. LA~-GLUCOS~ ..IL!,, 1,7S Xe~H r: ",, .,.. i~2BE ;: C -],.~ LAE%L~CGSE ~B!I~I~ l.TB I~H "' : ........ ~'- .... ~' i~,[., .: A~" .i.-~,~:(~£ e~,, .' ~ i,TS IQ[~! ;' "'": ': "."' ~ ....... 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RESIDENT LEOEE; Ai O: DATE OF FIP~." A,' .... .&RS6: NUMRER TYP~ :JADi OATE ET. A~ODfJT CHARGES. CRC§iTS BALADCE S~H~ DEDiCAi~ HEFFL[BDUEF.,,..~.~rvr A Di/2~/Q~ AO~ CI;TE RATE: ~.R~ PR,VA,, ' 0~. DC ',D~. ~C2H. ~: ~ E~-Zf~E" "' ' ~ ' IOZO$ PT ~ ~O-I~S LA~-G~UC~S~ ,~ ~CiDEIRO lodes PT ~ CO-IriS LA~-DLUCOS[ 211~i11~ ~.75 lJDPE ? E CO-I~$ LA$-6LUEOSE iC/i~IQ~ I.?$ lOD~ PT E ~O-I~ ~A~-GLUCOSE IR!i~IC~ i022[ :? ~ ~-iI;~ L~!--~,l:C~Ei lC!.}IJC ..?~ iJ?~ ~: ~ CC-I~,S · '. "~': Ao-u.U,,~, i~II5IDC .. ,~ ....Ce ;.:E .~,~ ~' ~ :O-I~ "~ : ·" " la:-,i.l:~;[ ' " ID~i~ o' ~ ..... ~ ......... ',,, , IClQIIOQ 15211000009 ..~,.2P 57P$.DE. ,RA~. DHA~CACY LcoE~D iJlJilJC I~/~i!C~ ~ k:cct? *~ 3JPO: PHARMACY NON ;EDECO iDIilJRD -- ~i~ j~Q ~ S~515~2~D S.5i GEOUCT PVT PORT IC/OI/RI -- lC/$1/C~ D; ~C8.DO · 'MEDICARE ~ . 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IQ?gE LA[-.~LUCOSF itO,~iTORIf~G O?I].C!f' $61Sj~i12~O e,7~ ie?O~ LA~-~LI/COSF. r,o,~ITORIr~6 ellJ~IQI 562c.,!$1).?~t' 8.7; J02l~ LA$-GLUCOS[ IIOUZTORING 07117/Oi $~15191120e ~.7,1 1020~ LA6-GmUCOSE ~OIIZTORI~T~ lIlI91~l 5~!51g12?J~' 8.7,: 112Q~ LA~-ELUCO'~£ ,'IOIi:TO£1[TE 17/2;10i 5~lS!~i'~Og ,.u,.I,u ..... l.'[.~l~ c'l: .... II2Ls ,'~E-::Ur. OSl .~0 .~.u,,I,~6 i~2~c ',::.::, ,~:: Sd ! 5J-c2 J.-"SQ 8.74 ........ · .. i~,)r4l TO ~ Il:i, ~7/3{/~: ¢'~rl ..... A .... A~,. ~JRllE OFf' 01i31i'~: 58557E2~i,"00 54.25 .lC2['} :.: ,.r:<: ,.-..-'~ -, . J; ..... L... ,,U,,. ,9~l.u I,"/~].'[': 2' '.'.:2:.2.C.22[~ ~:.72 EXHIBIT "B" BETWEEN PATIENT/RESIDENT AND FACILITY Haalth Sarvicc~ ~HIS ADMISSION AGREEMENT (the "Agreement") is ente~d into this day of~ . . ~S , between ~o~c~ ~=~ s=~v~c=s (the "Facilitv"), and ~['~ ~. ~~he "Pat,ent/Resident"), and/or (th~"~;s~nsib~e ~rt~';). ~ used heroin, the term "Patient/Resident;' shall also mean th~esponsible ~rty, if any. The parties agree ~ follows: 1. Commencement. This Agreement shall begin on the date of admission of the Patient/Resident to the Facility. 2. Termination of Agreementy Discharge and Transfer. a. Termination by Patient/Resident The PatJent/Re.sident may terminate this Agreement by giving the Facility at least five (5) days advance written notice. The Patient/Resident is responsible for payment of all charges for five (5) days after notice is given, or until the Patient/Resident actually leaves the Facility, whichever is last. If the Patient/Resident leaves the Facility (i) before the attending physician discharges the Patient/Resident, or (ii) against medical advice, the Patient/Resident and Responsible Party agree to assume all responsibility for injury or harm to the Patient/Resident, and hereby release the Facility, its employees and agents, from all liability connected with such departure. b. Termination by Facility. The Facility may terminate this Agreement and discharge the Pat- ient/Resident upon at least thirty (30) days prior written notice if (1) the Patient/Resident's needs cannot be met; (2) the Patient/Resident presents a danger to the health or safety of other indivi- duals; (3) the Patient/Resident fails to pay charges for supplies or services after notice; (4) the Patient/Resident's health has improved sufficiently so that the Patient/Resident no longer needs the services provided; or (5) the Facility ceases to operate. However, the Patient/Resident may be transferred or discharged upon less than thirty (30) days notice if: (1) an immediate transfer or discharge is required due to the Patient/Resident's medical needs; (2) the Patient/Resident presents a threat to the health and safety of individuals in the Facility; or (3) the Patient/Resident .has not resided in the Facility for thirty (30) days. Such notice shall be given as soon as practical. The Patient/Resident acknowledges receipt from the Facility of materials as to the Patient/Resident's right to appeal a discharge decision with State authorities and the appeals process. If this Agreement is terminated and/or the Patient/Resident is discharged by the Facility, the Responsible Party agrees to accept custody of the Patient/Resident upon discharge and cooperate with the Facility to facilitate the Patient/Resident's discharge. 3. Responsible Party. The Patient/Resident shall execute Exhibit A regarding Responsible Party appointment. 4. Fees & Payments. The Patient/Resident is responsible for, and shall pay, the daily rate and charges for supplemental services and supplies not paid by any third party as described in the Fee Schedule, attached as Exhibit B, as well as applicable co-insurance and deductible amounts and all expenses of discharge or transfer. 5. Release of Information. The Patient/Resident hereby authorizes all persons and/or entities to release all or any part of his/her medical/health records to the Facility. The Patient/Resident also authorizes the release of records or information to any health care institution to which the Patient/ Resident may be transferred, any provider involved in the care of the Patient/Resident, any third party payor, including, but not limited to, government and private insurers, or any other person entitled or authorized to receive such information by law or by the Patient/Resident. MHC-OQS-~O (Rev. 7/98) pg 3 I of 3 .~....Consent io'Tre~tment. Patient/Resident acknowledges that I'~/~he le under the medical tre~,~- ment and care of an attending physician, and consents to the Facility rendering numing car_. therapeutic, and other treatment under the general or special instructions of said physician or ir case of emergency. 7. Attending Physician. The Patient/Resident is solely responsible for selection ola license'..: attending physician. The Patient/Resident agrees thai the Facility may require the Patient/Resident to utilize another physician if the attending physician (1) has his/her own professional license limite~ suspended or revoked; (2) fails to follow the Facility's rules and regulations; or (3) is unavailable ir case of emergency. The Patient/Resident is responsible for all charges for physician services. 8. Pharmacy. The Patient/Resident shall execute the Pharmacy Agreement attached as Exhibit C 9. Independent Contractors. The Patient/Resident acknowledges and agrees that all physician. dentists and barbers/beauticians, including those whose services are arranged by the Facility, ar:. independent contractors and are not employees or agents of the Facility, and the Facility shall nc: be responsible for their acts or oroissions or for the consequences of [ollowing physician or dsntis: orders. 10. Private Duty Personnel. The Patient/Resident acknowledges that all private duty personnei th~' the Patient/Resident utilizes are not employees or agents of the Facility and that the Facility is nc: liable for acts or omissions by such personnel. Employees of the Facility may not be emplcyed private duty personnel at the Facility. All privale duty personnel shall comply with all policies ar.: procedures of the Facility as may be amended from time to time without notice. Failure tc do s' may result in their being denied access to the Facility. Patient/Resident and Responsible Party shg be solely responsible for the cost of private duty personnel. 1 1. Facility Guidelines for "No Heroics" Requests. Decisions regarding life support should be ;cr.- sidered by each Patient/Resident or his/her authorized surrogate decision-maker. The P.~'.:,en .. Resident acknowledges receipl of rights under state law to make decisions about medical car---, ir~- cluding rights to accept or refuse care and rights to make an advance decision abcut cars. Th~ Patient/ Resident acknowledges receipt of a summary o[ the "Facility Guidelines fcr No H~roic~_ Requests" (the "Guidelines"). A full text ct the Guidelines will be provided upon request. In pad, th-- Guidelines provide that the Facility will not withhold or withdraw life-sustaining or lite-proloc, gin' measures from a Patient/Resident without a written and legally sufficient authorization o[a competer:. Patient/Resident or legally authorized surrogate decision-maker and a physician order. The Pa~ient, Resident agrees to comply with the Guidelines. 12. Liability and Indemnification. The Palient/Resident understands that the Facility is liable onl': for injuries caused by the negligent acts or omissions of the Facility and as required by law. Th-- Patient/Resident shall indemnify and hold the Facility harmless from any and all claims, suits an,~ actions made against the Facility by any person resulting from any damage or injury caused b,/ Patient/Resident to any person o.r the property of any person or entity (including the Facility). 13. Patient/Resident's Handbook. The Patient/Resident acknowledges receipt of the Facility'-- Resident's Handbook and agrees to comply with such Rules and Regulations containeC therein. Th-: Patient/Resident acknowledges and agrees that he/she shall be responsible for and shall hold th.~ Facility harmless for any injudes or damages which are caused by the Patient/Resident's failure comply with such rules and ~:julations. The policies, procedures, rules and regulations regarcin~. the following areas, among others, are detailed in the Resident's Handbook: ; · Federal Resident Rights · Barber/Beauty Services · Resident Responsibilities · Mail Policy · Life Sustaining Treatment Policy · Voting Materials · Medical/Nursing Education · Photo/Media Events · Dental, Vision and Hearing Services · Personal Fund Account Procedure · Interdisciplinary Care Conference · Tobacco Policy · Utilization Review Meetings (if applicable) · Grievance Procedures · Personal Laundry Policy · State Resident Rights (if applicable) 14. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE STATE WHERE THE FACILITY I,~ LOCATED. TO THE EXTENT ANY PROVISION HEREOF CONFLICTS WITH STATE LAW, STATE LAW SHALL CONTROL. THE STATE LAW ADDENDUM ATTACHED HERETO AS EXHIBIT D SETS FORTI ANY DELETIONS FROM OR ADDITIONS TO, THIS AGREEMENT REQUIRED BY STATE LAW, WHICI AMENDMENTS SHALL BE A PART OF THIS AGREEMENT. 15. Miscellaneous. The provisions of this Agreement shall bind the parties, their respective executor';~ administratom, heirs, beneficiaries, and assigns. The waiver by either party of any breach or default of this Agreement shall not operate as a waiver of any subsequent breach or default. The provision- of this Agreement shall be severable and the invalidity or unenfomeability of any provision shall affect the validity or enforceability of any other provision. This Agreement and all Exhibits are entire agreement and any changes shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Admission. Agreement as,~f the. da, and year above written.~"~ ~~~~ ~esp~~_~//,~ ~,~/~/ . onsible Party - $~gna. ture ~ilit~ R,~'presentative - Signature Facility F~apresentative - Printed Name & Title Responsible Party - Prin'tei:l Name /o Date Date · MHC.OO~I-~O (Rev. 4/96) pg5 3 of ~ (-EXHIBIT A -- RESPONSIBLE PARTY APPOINTMENT ITRhePatient/Resident's Responsible Party may be any person legally responsible for the Patient/'~ esident. A competent Patient/Resident shall not be required to designate a Responsible Party./ Please check one of the four following, whichever is most appropriate. [-, Tna undersigned has bee~ legally appointed guard)eh, conservator and/or holder of a power of attorney to act on the behalf of the Patient/Resident and shall serve as Responsible Party for the Patis',~t/Resident. The undersigned has delivered to the Facility copies of the legal .............. .-' ............ ,- ,,.-~ '~"-.' ~,.s fh--. £,.,?~,,~:,. ¢.oe~.c..rv;':,- ,"ed/or h:,!der ,~: 8 power O'." attorney of th~ Patient/Resident. In considergtion of the Facility's agreement to admit the Patient/Resident to the Facility, the undersigned, 'nd'v'dua !y and personally, hereby warrants, represents, covenants and agrees to the Conditions (as herein after set forth and defined). [] The Patient/Resident does not have a legally appointed representative and wishes to give the responsibility to someone else. I hereby appoint as my representative (the "Responsible Party") and hereby authorize him/her to handle my finances, pay my expenses, receive my personal funds and, if I am unable, to execute the Admission Agreement on my behalf. Any signature of Patient/Resident o~ Responsible Party on the Admission Agreement and/or this or any other exhibit or document attached thereto or referenced therein shall be considered binding on both the Patient/Resident and the Responsible Party. The undersigned hereby agrees to the Conditions (as herein after set forth and defined). Facility Representative - Signature Patient/Resident - Signature Facility Representative - Printed Name & Title Patient/Resident - Printed Name Date Date [] The Patient/Resident is competent and does not have a court-appointed guardian, conser- vator or power of attorney and has not appointed a Responsible Party, but alone shall execute the Agreement. In consideration of his/her admission to the Facility, the undersigned hereby agrees, warrants and represents to the Conditions (as herein after set forth and defined). The Patient/Resident is mentally or physically incapable of executing this Agreement, handling his/her own affairs or appointing a Responsible Party and does not have a guardian, conser- vator or durable power of attorney. The Patient/Resident's physician will certify in writing that the Patient/Resident is incapable of executing the Agreement and that placement in the Facility is appropriate. The undersigned voluntarily agrees, on behalf of the Patient/Resident, to act and serve as Responsible Party for the Patient/Resident. In consideration of the Facility's agreement to admit the Patient/Resident to the Facility, the undersigned individually hereby warrants, represents, covenants and agrees to the Conditions (as herein after set forth and defined). 14NC.008-~0 {Rev. 4/96) 1396 I of 2 Conditions (collectively referred to as "Conditions") 1. The assets of the Patient/Resident will be utilized to pay, when due, alt costs incurred by the Patient/Resident at the Facility not covered by a third party payor, at the rates set forth in the Fee Schedule (Exhibit B). The Responsible Party will arrange for the provision of personal clothing and care supplies as needed or desired by the Patient/Resident and as required by the Facility. 2. The assets of th-~ Patient/Resident will be utilized to replace any and all furnishings or other property of the faciti';:,, other Pc, tient/Res!dents or employees of the facility damaged by the All of the information, including but not limited to that contained on the attached Application for Residency, dated ,199 __, and which is attached hereto and made part of this Exhibit and of the Admission Agreement, is true and accurate as of this date and all assets listed in the application are in fact available to the Patient/Resident for the Patient/Resident's care while at the facility. 4. Neither the Responsible Party nor the Patient/Resident will take action to dissipate or other- wise transfer the Patient/Resident's assets and/or assets which are available for the Pat- ient/ Resident's care so as to prevent such assets from being used to pay for the care of the Patient/Resident while at the facility. When the assets available to pay for the Patient/Resident's care at the Facility are not sufficient to pay for the anticipated length of stay, the Responsible Party or Patient/Resident will so notify the Facility and will file, on behalf of the Patient/Resident, all applications and other documents necessary or advisable to qualify him/her for all third party payor programs for which he/she may be eligible, including Medicaid. 6. If the Patient/Resident is a Medicaid Patient/Resident, that Responsible Party or Patient/ Resident will provide financial information regarding monthly credits, increases and decreases in the Patient/Resident's bank account(s) and other assets to the Facility to enable the Facility to provide requested data to Medicaid representatives. 7. If the Patient/Resident is covered by a third party payor, the assets of the Patient/Resident will be utilized to pay extra charges not covered by the third party payor in a timely manner, and to notify the administrator of the Facility of any problem anticipated in paying such charges. The undersigned understands and acknowledges that the Facility is relying upon the above Conditions in admitting the Patient/Resident to the Facility and understands and acknowledges, fthat if the above warranties and representations are not true, or if the above covenants jane a~ements are not complied with, the Facility will have detrimentally relied upon them arid the Eaci~ y/~411 suffer financial harm and loss. .,~7~ ¢,l~ /~/ Respon~sible,Party - S, ignatu?! /3 J/ / ~ . Responsible Party - Printed Nam~ ,/o Dat~ MH¢-OQB-20 (Rev. 4/96) pg7 2 of 2 EXHIBIT B -- FE ' ' ' 1. Da~ly Rate. The da~ly rate is $~The monthly rate equals the da~ly rate mulbphed by the / number of days in the month. The da'fly rate is billed one month in advance and includes: · Routine Nursing Care ,' Linens · Social Services e Meals (additional fees may apply) · Activities · Housekeeping · Room (circle one): Private Semi-Private Triple The fotio;,.'ing are paid by r, Jledicare in addition to the items included in the daily rate: ~ Approved Rehabilitative/Therapy Services ,' Approved Medications (~ Approved Nursing Supphes ~ Approved Equipr,'~6,-~; The following ars paid by Medicaid in addition to the items included in the daily rate (to the extent covered and paid for by the state program): ~ A;?roced Rehabi!itative/Thgrapy Services · Approved Medications · Approved Nursing Supplies · Approved Equipment · Approved Routine Personal Hygiene Items/Services · Other approved services/items covered and paid for under the state Medicaid program. 2. Supplemental Services & Supplies. The daily rate may not include the following items, which will be provided at rsquest of Patient/Resident and/or by physician order at the rate set forth in the attached facility rate sheet and will be the responsibility of the Patient/Resident. ITEM RATE · Private Room Based on location & level of care · Prsscription & Non-Prsscription Drugs As determined by pharmacy · Nursing & Personal Cars Supplies See business office for current prices · Transportation As determined by transport company · Nursing Care (Other than ordinary nursing cars) See attached fee list · Physical, Occupational & Speech Therapies See attached fee list · Phone, Cable TV, Newspaper, Barber/Beauty See attached fee list · Special Equipment See attached fee list · Bed Hold Fees See attached fee list · Personal Laundry (Personal Clothing) See attached fee list · Nutritional Supplements See attached fee list · Alternative Nutrition (Tube Feeding, TPN, etc.) See attached fee list 3. Bed Hold Fee. The Facility charges a daily fee for rsserving a bed whenever a Patient/Resident leaves the Facility. For Medicaid Patient/Residents, bed holds ars pursuant to state law. 4. Other Charges. Because at Admission, the Facility is unable to ascertain all services/supplies which may be needed by and provided to the Patient/Resident, all additional costs/charges may not be listed hers. If such services/supplies are provided to the Patient/Resident, the bill will rsflect associated charges and he/she agrees to pay them in accordance with the Agrsement. 5. Adjustment of Charges. The Facility may adjust any and all rates upon thirty (30) days prior written notice, or, in case of emergency or change in level of cars, with such prior notice as is rsasonably possible. Adjustments shall be deemed agreed to by the Patient/Resident unless the Facility is notified in writing to the contrary within ten (10) days after mailing such a notice. If the Patient/Resident does not consent to tile rate adjus[ment, tile Patient/Resident agrees to leave tile Facility no later than the day before the rate increase is effective. ~HC-O08-2i) (Re¢.4/96) pge 1 Of 2 r6. Refunds. Refunds shall be paid within thirty (30) days after discharge or transfer. 7. Funding Soumes. The Facility makes no assurances that the Patient/Resident's care will be covered by any third party payor. 8. Payment Policy. All amounts due shall be paid promptly within ten (10) days of billing. Failure to pay any amount when due is a breach of this Agreement for non-payment of stay and grounds for termination of this Agreement and discharge of the Patient/Resident. An?.' account not paid in full shell be subject to s one and one-hal'~ percent (11/2%) service charge on the past due balance each month un[ii the balance due is paid ir, full. This amounts to eighteen percent (18%) annually on the unpaid balance. If the maximum annual service charge allowed by slate law is less than eighteen percent (18%), the maximum interest rate allowed by slate law shall apply. Should the Patient/Resident's account be turned over for collection to an attorney or collection agency, or should the Facility seek to interpret or enforce any other provision of the Agreement, the Patient/Resid3nt agrees to pay all court costs and reasonable attorney's fees of the Facility if the Facility prevails. 9. Responsibilities. The Patient/Resident is responsible for, and shall pay, the dally rate and charges for supplemental services/supplies not paid by any third party, as well as applicable co-insurance and deductibles and all expenses of discharge or transfer. The daily rate may chaflge if the Patient/ Resident is transferred to a different room or the level of care or payor status changes. The Patient/ Resident and/or Responsible Party will be notified of the rate change. If the Patient/Resident or Responsible Party refuses supplemental services/supplies or to make payment for them, the Facility is released from all liability for harm which may result. Medicare Beneficiaries: The Patient/Resident understands that Medicare eligibility and coverage is established by federal guidelines which limit payment to a fixed number of days. If the Patient/Resident enters the Facility and the Medicare application is denied, the Patient/Resident shall be liable for all charges. The Patient/Resident is responsible for payment for items covered by Medicare supple- mental insurance and for applying for reimbursement from his/her insurer. Medicaid Beneficiaries: (circle correct number) 1) The Facility does not currently participate in the Medicaid program. Accordingly, persons who are admitted as another payor status will be unable to convert to Medicaid status. In order to facilitate proper discharge planning, the Patient/Resident and/or Responsible Party agree to provide the Facility with at least four (4) months prior written notice of the Patient/Resident's becoming eligible for thor their being unable t(~p~ :~h~e ORcaid program~ Facility c, urrently participates in the Medi If the Patient/Resident believes he/~~- ,';.r .Mcd~,-~id. he/she shall promptlv ~nmtY~-,~'and submit all documents required to apply for coverage, including pre-admission approval. If Medicaid coverage is denied, the Patient/ Resident will be liable for all charges from the admission date. When Medicaid pays for only a portion of the incurred charges, the Patient/Resident shall be responsible for paying his/her portion, as determined by Medicaid regulations. This charge will be billed to the Patient/Resident by the Facility and shall be his/her responsibility. The Patient/Resident shall also be responsible for pay- ment of Facility's current charges for any requested non-Medicaid covered services/supplies. The Patient/Resident will provide financial information regarding monthly credits, increases/decreases in the Patient/Resident's bank account(s), and other assets to the Facility for provision to Medicaid ~epresentatives. ,~ MHC-QO8-20 (Rev. 4/96) ;g 9 2 of 2 I XHIBIT C -- PHARMACY AGREEM = I'T rThe Facility has developed policies and procedures for drug therapy, distribution and control which' provide for a uniform medication distribution system. The Facility has selected a pharmacy (the "Designated Pharmacy") to provide medication under such distribution system. The Facility reserves the righ.', to change the Designated Pharmacy at any time. The Patient/Resident is hereby notified that the Facility's parent corporation (i.e., IVlanor HealthCare Corp. o:' one of its affiliates) has a significant financial interest in Vitalin,~; Pharmacy Services, Inc., which operates under ti~e following names: Vitalink, Northern Nursing Home Pharmacy, West End Family Pharmacy, Propac Pharmacy, Apothecary Pharmacy Services, Parker's Pharmacy, Home Intravenous Care and Brentview Pharmacy. The Facility may have selected one of these entities as the Designated Pharmacy. The Patient/Resident has the right to use any pharmacy so long as that pharmacy will furnish the same medication distribution system noted above, and comply with the Facility policies and pro- .. cedures and all applicable laws and regulations. For Medicaid Patient/Residents, the Designated Pharmacy will file claims for payment directly with the Medicaid Program for any covered claims. If the Patient/Resident utilizes a different pharmacy, the Patient/Resident must make arrangements with such pharmacy for similar filing of claims for payment. All charges shall be billed to the Patient/Residen[ or the Patient/Resident's third party payor directly and shall be payable in full. The Designated Pharmacy reserves the right to terminate any account for any reason after written notice of such intent has been given to the Patient/Resident. -~The undersigned selects the Designated Pharmacy (as may be changed by the Fac ty / from time to time) as the supplier of medications prescribed for the Patient/Resident while at the Facility. The undersigned selects as the supplier of medications prescribed for the Patient/Resident while at the Facility. The undersigned understands and agrees that such pharmacy must comply in all respects with the Facility's uniform medication distribution system, all Facility policies and procedures and applicable law. If such pharmacy fails to do so, the undersigned shall be required to select another pharmacy. The above pharmacy shall acknowledgeAa~d agree in writing that it will comply with the Facility's uniform medication distributior~s~Jstem, tbe~Fac lity's policies and procedures and applicable law. esponsible Party - Signature~/,,~ esl3onsible Party - Printe~ Nam, ' Date MH©-OO..~O (Re','.4/96) I~g 10 1 of 1 '~ EXHIBIT D '*" STATE LAW ADDENDUM' ~) The Admission Agreement is amended in the following manner, in order to comply with state law and/or regulation: (Indicate additions to, and/or deletions from, the Admission Agreement required by state law. If no additions/deletions are necessary, indicate "NONE".) IdHC-OOa.20 (Rev. 4/96) Pg 11 I of 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HCR MANOR CARE, : NO. 01-3294 Plaindff : : vs. : CIVIL ACTION - LAW : ]OYCE A. HEFFELBOWER, Individually, : and ROBERT HEFFELBOWER, Individually, : and on Behalf of ]OYCE A. HEFFELBOWER, : Defendants : CERTIFICATE OF SERVICE AND NOW, this 29* day of August, 2001, I, Daniel F. Wolfson, Esquire, do hereby certify that I have served a copy of the foregoing Amended Complaint upon the mrties and/or counsel of record In the following manner and addressed as follows: CERTIFIED MAIL REGULAR MAIL RETURN RECEIPT REQUESTED ~E-PAID Mr. Robert Helfelbower Karl E. Rominger, Esquire 258 West North Street 155 South Hanover Street Carlisle, PA 17013 Carlisle, PA 1701:3 (Pro Se Defendant) (Counsel for Defendant, ]oyce Hefflebower) 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 20617 Attorney for Plaintiff HCR MANOR CARE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW ¥. i JOYCE A. HEFFLEBOWER. : No. 01-3294 Individually. and on behafof : JOYCE A. HEFFLEBOWER, : Defendants : PRELIMINARY OBJECTIONS AND NOW. comes Joyce A. Heffiebower and pursuant to Rule 1028 of the Pennsylvania Rules of Civil Procedure offers the following Preliminary Objections: 1. Plaintiffs Complaint fails to comply with Rule 1028(a)(2) insomuch as it demands arbitration. 2. Rules 1301 et seq. of the Pennsylvania Rules of Civil Procedure govern arbitration generally. 3. The rules of arbitration allow the local jurisdiction wide latitude in creating administrative and procedural roles thereunder and in setting the jurisdictional limit for compulsory arbitration. 4. Cumberland County Rule of Procedure 1301-1 et seq. provides for compulsory arbitration when the amount in controversy is less than $25,000. 5. The Cumberland County Rules of Procedure do not create any apparatus to voluntarily submit a case to arbitration or to demand arbitration if the amount in controversy is in excess of $25,000. 6. Plaintiff, in its prayer for relief, asks for $38,097.89 as liquidated damages. 7. The Plaintiffhas improperly demanded arbitration and insomuch that Plaintiffhas demanded arbitration and the amount in controversy is in excess of $25,000. the Complaint is not in compliance with the Cumberland County Rules of Court as read in conjunction with the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendants respectfully request that this Court strike Plaintiff's Complaint for failure to substantially conform with the Cumberland County Rules of Court and the Pennsylvania Rules of Civil Procedure. Respectfully submitted, Karl E. Rominger, Esquire 155 South Hanover Street Cadisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendants HCR MANOR CARE. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW V. : JOYCE A. HEFFLEBOWER. : No. 01-3294 Individually. and on behaf of : JOYCE A. HEFFLEBOWER, : Defendants : CERTIFICATE OF SERVICE I. Karl E. Rominger, Esquire. attorney for Defendant, do hereby certify that I this day served a copy of the Answer to Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle. Pennsylvania, addressed as follows: Daniel F. Wolfson, Esquire Woifson & Associate, P.C. 267 East MarkeX Street York, PA 17403 Karl E. Rominger, Esquire Attorney for Defendant Dated: October 9. 2001 Ui3UdOOOOOOOOOOOOOO3OOOOOOO'OOOOO~OOOOOqO00000000I~ T~E COURT OF CO~ON PLEAS OF CUMBERL;L~D COUNTY, PE~SYLV;LNIA HCRMANOR CARE, : Plaintiff : : rs. : NO. 01-3294 JOYCE A. HEFFELBOWER, Individually, : and ROBERT BEFFELBOWER, : Individually and on behalf of JOYCE A. : HEFFELBOWER, : Defendants : CIVIL ACTION - LAW TO: HCR MANOR CARE c/o Daniel F. Wolfson, Esquire WOLFSON & ASSOCIATES, P.C. 267 East Market Street York, PA 17403 NOTICE TO PLE;kD You are hereby notified to file a written response to the enclosed New Matter within twenty (20] days from service hereof or a judgment may be entered against you. ,b~ff/ pro se Carlisle, PA 17013 Telephone: (717) 258-1660 IN THE COURT OF CO~ON PLF2%S OF CI~4BERLAND COUNTY, PE~NSYLV~/~IA HCR MANOR C~E, : Plaintiff : vs. : NO. 01-3294 : JOYCE A. HEFFELBOWER, Individually, : and ROBERT HEFFELBOWER, : Individually and on behalf of JOYCE A. : HEFFELBOWER, : Defendants : CIVIL ACTION - LAW DEFENDANT ROBERT HEFFELBOWER'S ~¼SWEk AND NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW comes the Defendant, Robert Heffelbower, Individually and on behalf of Joyce A. Heffelbower, pro se, and responds to Plaintiff's Amended Complaint, as follows: 1. Defendant Robert Heffelbower lacks information sufficient to form a belief as to the truth of the ave~manta se~ forth in Paragraph I of Plaintiff's ~uended Complaint. They are specifically denied, and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. The averments set forth in Paragraph 4 of Plaintiff's Amended Complaint refer or relate to documents filed of record which speaks for itself. proof thereof is demanded. 5. The averments set forth in Paragraph 5 of Plaintiff's Amended Complaint refer or relate to documents filed of record which speaks for itself. ~iuy misrepresentation of the contents thereof is specifically denied, and strict proof thereof is demanded. 6. Defendant Robert Heffelbower lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 6 of Plaintiff's Amended Complaint. They are specifically denied, and strict proof thereof is demanded. 7. Admitted in part, denied in part. It is admitted that Defendant Robert Heffelbower is the son of Defendant Joyce Heffelbower. It is specifically denied that Defendant Robert Heffelbower represented himself to be the legal representative and/or Responsible Party for Defendant Joyce Heffelbower, and strict proof thereof is demanded. The question of whether Defendant Robert Heffalbower is the legal representative and/or Responsible Party for Defendant Joyce Heffelbower is a conclusion of law to which no response is required. To the extent that any response is required, this allegation is specifically denied and strict proof thereof is demanded. By way of further answer, Defendant Robert Heffelbower merely assisted his mother with paperwork necessary for her admission into the Plaintiff's facility. In doing so, Defendant Robert Heffelbower followed the directions and instructions given to him by the Plaintiff. 8. Denied. It is specifically denied that on or about October 18, 1999, through the present, Defendant Robert Heffelbower was a health care resident of Plaintiff, where she did receive various necessary residential health care services and health care treatment by Plaintiff and that an itemization of such servlces is attached to Plaintiff's Amended Complaint as Exhibit "A", and strict proof thereof is demanded. By way of further answer, Defendant Robert Heffelbower admits that Defendant Joyce Heffelbower was a health care resident of Plaintiff from on or about October 18, 1999, through the present. Defendant Robert Heffelbower lacks information sufficient to form a belief as to the truth of any averment that Defendant Jo¥ce Heffelbower received various necessary residential health care services and health care treatment by Plaintiff, any averment that she received the services itemized on the document attached to Plaintiff's Amended Complaint as Exhibit "A", and any averment that such services were necessary, proper and/or authorized to be given. These allegations are specifically denied, and strict proof thereof is demanded. 9. The averments set forth in Paragraph 9 of Plaintiff's Amended Complaint refer or relate to a document which speaks for itself. misrepresentation of the contents thereof is specifically denied, and strict proof thereof is demanded. By way of further answer, at the time of signing of the Admission Agreement, Plaintiff represented to Defendant Robert Heffelbower that Defendant Robert Heffelbower would not be financially responsible for any charges of any kind or nature whatsoever relative to Defendant Joyce Heffelbower. 10. Denied. It is specifically denied that by executing said Admission Agreement, Defendant Robert Heffelbower did acknowledge that Plaintiff would be relying on the "Conditions", which are incorporated into the Admission Agreement in admitting the Patient, and that if Defendant Robert Heffelhower did not ~ul~o, through with said Conditions, Plaintiff .... ~ have detrimentally relied ..... ~..d~t.~ns and ~'~ would financial harm and loss, and ~,. said ~ ~ ~ Pla .... ~.~ suffe~ strict proof thereof is demanded. With respect to the allegation concerning Exhibit "B" to Plaintiff's Amended Complaint, see Paragraph 9, above. By way of further answer, at the time of signing of the Admission Agreement, Plaintiff represented to Defendant Robert Heffelbower that Defendant Robert Heffelbower would not be financially responsible for any charges of any kind or nature whatsoever relative to Defendant Joyce Heffelbower. 11. The averments set forth in Paragraph 11 of Plaintiff's Amended Complaint refer or relate to a document which speaks for itself. ~uny misrepresentation of the contents thereof is specifically denied, and strict proof thereof is demanded. By way of further answer, at the time of signing of the Admission Agreement, Plaintiff represented to Defendant Robert Keffelbower that Defendant Robert Heffelbower would not be financially responsible for any charges of any kind or nature whatsoever relative to Defendant Joyce Heffelbower. See Paragraph 9, above. 12. The averments set forth in Paragraph 12 of Plaintiff's Amended Complaint refer or relate to a document which speaks for itself. Any misrepresentation of the contents thereof is specifically denied, and strict proof thereof is demanded. By way of further answer, at the time of signing of the Admission Agreement, PI~,,~ represented to Defendant Robert Heffelbower that Defendant Robert Reffelbower wcu!d not be f~nan ..... y responsible for any charges of any kind or nature whatsoever relative to Defendant Joyce Heffelbower. Further, Plaintiff represented to Defendant Robert Heffelbower, both at the time of signing of the Admission Agreement and thereafter, that Plaintiff would complete any and all third-party applications for all third- party payor programs, including Medicaid. See Paragraph 9, above. 13. Denied. It is specifically denied that Plaintiff submitted to Defendants a copy of the itemization of services accurately showing all debits and credits for transactions with Plaintiff, and strict proof thereof is demanded. By way of further answer, Defendant Robert Heffelbower received several statemen~purporting to show amounts due and owing to Plaintiff by Defendant Jo¥ce ~effelbower, but these statements conflicted with each other such that Defendant Robert Heffelbower was unable to ascertain exactly what, if anything, Plaintiff was claiming was due and owing. Moreover, Plaintiff reDresented to Defendant Robert Heffelbower that no monies would be due and owing to Plaintiff in that all charges would be covered by Medicaid. 14. Denied. It is sDecifically denied that Defendants did not object to the above-mentioned Statement of Accounts submitted by Plaintiff to Defendants, and strict proof thereof is demanded. By way of further answer, see Paragraph 13, above. 15. Denied. It is specifically denied that as of the date of the Complaint, the balance due, owing and unpaid on Defendant Joyce Heffelbower's account as a result of said charges, is the sum of Twenty-Nine Thousand Three Hundred Six and 07/100 Dollars ($29,306.07), and strict proof thereof, and strict proof thereof is demanded. By way of further answer, it is specifically denied that any amount is due and owing from either Defendant to the Plaintiff, and strict proof thereof is demanded. See also Paragraphs 8 through 14, above. 16. Denied. it is specifically denied that despite Plaintiff's reasonable and repeated demands for payment, Defendants have failed, refused and continue to refuse to pay all sums due and owing on Defendant Joyce Keffelbower's account balance, all to the damage and detriment of the Plaintiff, and strict proof thereof is demanded. It is specifically denied that Defendant suffered any damages whatsoever as a result of the actions of Defendant Robert Heffelbower, and strict proof thereof is demanded. By way of further answer, see Paragraph 15, above. 17. Denied. It is specifically denied that Plaintiff has made numerous requests to Defendant Robert Heffelbower, as the Legal Representative and/or Responsible Party for Defendant Joyce Heffelbower, demanding that the sums due and owing to Plaintiff be paid, and Defendant Robert Heffelbower, as the Legal Representative and/or Responsible Party for Defendant Joyce Heffelbower, has ignored his fiduciary obligation to pay necessary and appropriate bills and obligations for his mother, Defendant Joyce Heffelbower, or to apply for Medicaid on behalf of his mother Defendant Joyce Heffelbower, and strict proof thereof is demanded. The questions of whether Defendant Robert Heffelbower has any fiduciary duties with regard to Defendant Joyce Heffelbower, as well as the extent of any such duties and whether they were breached are conclusions of law to which no response is required. To the extent that any response is required, they are specifically denied, and strict proof thereof is demanded. By way of further answer, see Paragraphs 8 through 16, above. 18. The allegations contained in Paragraph 18 of Plaintiff's Amended Complaint constitute conclusions of law to which no response is required. To the extent that any response is required, they are specifically denied, and strict proof thereof is demanded. By way of further answer, see Paragraphs 8 through 17, above. 19. The allegations contained in Paragraph 19 of Plaintiff's Amended Complaint constitute conclusions of law to which no response is required. To the extent that any response is required, they are specifically denied, and strict proof thereof is demanded. By way of further, see Paragraphs 8 through 18, above. Moreover, at Plaintiff's request, Defendant Robert Heffelbower delivered a check to Plaintiff from Defendant Joyce Reffelbower's account in the amount of $3,281.00 on August 9, 2000. Plaintiff duly cashed the check. At that time, Plaintiff represented to Defendant Robert Heffelbower that after delivery of that check all charges relating to Defendant Joyce Heffelbower's account would be taken care of and that no further charges would accrue. Plaintiff also represented that it would complete and submit all necessary paperwork for Medicaid. 20. Defendant Robert Heffelbower lacks information sufficient to form a belief as to the truth of the averments set forth in ParagraDh 20 of Plaintiff's Amended Complaint. They are specifically denied, and strict proof thereof is demanded. 21. The averments set forth in Paragraph 21 of Plaintiff's Amended Complaint refer or relate to a document. .~ny misrepresentation of the contents thereof is specifically denied, and strict proof thereof is demanded. By way of further answer, it is specifically denied that the "Fee Agreement" was executed by either Defendant and that it is binding on either Defendant, and strict proof thereof is demanded. 22. Defendant Robert Heffelbower lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 22 of Plaintiff's Amended Complaint. They arc opccifical!y denied, and strict proof thereof is demanded. By way of further answer, it is specifically denied that Defendant Robert Heffelbower is liable for Plaintiff's attorneys fees and that Plaintiff has incurred any attorneys fees, and strict proof thereof is demanded. 23. Defendant Robert Heffelbower lacks information sufficient to form a belief as to the truth of the averments set forth in Paragraph 23 of Plaintiff's Amended Complaint. They are specifically denied, and strict proof thereof is demanded. See also Paragraph 22, above. 24. Denied. it is specifically denied that all conditions precedent to bringing of this action have been performed by Plaintiff, and strict proof thereof is demanded. 25. The allegations contained in Paragraph 25 of Plaintiff's Amended Complaint constitute conclusions of law to which no response is required. To the extent that any response is required, they are specifically denied, and strict proof thereof is demanded. WHEREFORE, Defendant Robert Heffelbower requests that judgment be entered in his favor and against the Plaintiff, and that he be awarded costs and such other relief as this Court deems just and equitable. New Matter 26. The answers and allegations set forth in Paragraphs 1 through 25, above, are incorporated herein by reference as though fully set forth. )7. r~efend~t Rnber~ ~effe!bower's only role in th~s matter was to assist his mother, Defendant Joyce Heffelbower, with ~aperwork necessary for her admission into the Plaintiff's facility. In doing so, Defendant Robert Heffelbower followed the directions and instructions given to him by the Plaintiff. 28. Plaintiff represented to Defendant Robert ~effelbower that Defendant Robert Heffclbowcr would not be financially responsible for any ch&rgcu of any kind or nature whatsoever relative to Defendant Jeyce Heffelbower. 29. Plaintiff represented to Defendant Robert Heffelbower, both at the time of signing of the Admission Agreement and thereafter, that Plaintiff would complete any and all third-party applications for all third-party payor programs, including Medicaid. 30. Defendant Robert Heffelbower received several statement purporting to show amounts due and owing to Plaintiff by Defendant Joyce Heffelbower, but these statements conflicted with each other such that Defendant Robert Heffelbower was unable to ascertain exactly what, if anything, Plaintiff was claiming was duc and owing. 31. Plaintiff represented to Defendant Robert Heffe!bower that no monies would be due and owing to Plaintiff in that all charges would be covered by Medicaid. 32. At Plaintiff's request, Defendant Robert Heffelbower delivered a check to Plaintiff from Defendant Joyce Heffelbower's account in the amount of $3,281.00 on August 9, 2000, which check Plaintiff duly cashed. 33. At that time, Plaintiff represented to Defendant Robert Heffelbower tha5 after delivery of that check all charges relating to Defendant Joyce Heffelbower's account would be taken care of and that no further charges would accrue. Plaintiff also represented that it would complete and submit all necessary paperwork for Medicaid. 34. Plaintiff's acceptance of the check referred to above constitutes a novation of any agreement which allegedly existed prior thereto and/or an accord and satisfaction. 35. As a result of Plaintiff's acceptance of the check as aforesaid, Plaintiff is estopped from claiming any additional alleged damages from Defendants. 36. The Statute of Frauds requires that a writing is required in order to hold one liable for the alleged debt of another. 37. Plaintiff has not produced any writing in which Defendant Robert Heffelbower aqreed to be financially responsible for any alleged debt of Defendant Joyce Heffelbower. 38. Accordingly, Plaintiff's Amended Complaint is barred in whole or in Dart by the Statute of Frauds. 39. No services were performed for or on behalf of Defendant Robert Heffe!bower by the Plaintiff. 40. Plaintiff has no basis for the alleged liability of Defendant Robert Reffelbower. 41. Under Pennsylvania law, each party must bear its own attorneys fees absent some statutory authority or agreement. 42. No statutory authority or agreement exists which would provide a basis for Plaintiff's claim for attorneys fees against Defendant Robert Heffelbower. 43. Plaintiff's A~,ended Complaint is barred in whole or in part by the applicable Statute of Limitations. 44. Defendant Robert Heffe]bower did not owe any fiduciary duty to the Plaintiff. 45. In the alternative, in the event that Defendant Robert Heffelbower did owe a fiduciary duty to the Plaintiff, Defendant Robert Heffelbower did no breach any such duty and Plaintiff did not suffer any damages from any alleged breach. 46. Plaintiff's Amended Complaint is barred in whole or in part by the doctrines of novation and/or accord and satisfaction. 47. P!aJntiff's Amended Complaint is barred in whole or in part by the doctrine of consent. 48. Plaintiff's Amended Complaint is barred in whole or in part by the doctrines of estoppel, laches and/or waiver. 49. Any alleged agreement that Piain~iff had with Defendant Robert Heffeibower lacked consideration. 50. Plaintiff's A~Lended Complaint is barred in whole or in part by the doctrine of failure of consideration. 51. Plaintiff's ~ended Complaint is barred in whole or in part by the doctrine of impossibility of performance. 52. Plaintiff's Amended Complaint is barred in whole or in part by the doctrine of justification. 53. Plaintiff's Amended Complaint is barred in whole or in part by [he doctrines of payment and/or release. 54. Plaintiff's Amended Complaint is barred in whole or in part by the doctrines of payment and/or release. 55. Plaintiff's Amended Complaint is barred in whole or in part by the doctrines of con=ributory and/or comparative negligence, and/or by Plaintiff's assumption of the risk. 56. Plaintiff's Amended Complaint fails to state a claim against Defendant Robert Heffelbower upon which relief can be granted. WHEREFORE, Defendant Robert Heffelbower requests that judgment be entered in his favor and against the Plaintiff, and that he be awarded cost, and such other relief as this Court deems just and equitable. ~,~ // t e f~lbowfl~,~erendant pro se 258 West North Carlisle, PA 17013 Tolephonc: (717) 258-1660 CERTiFiCATE OF sERviCE I hereby certify that on the;~ day of October,2001 001 copies of the foregoing Preliminary Objections were served upon the following by United States First Class mail, postage prepaid, addressed as follows: Daniel F. Wolfson, Esquire WOLFSON & ~SOCIATES, P.C. 267 East Market Street York, PA 17403 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 Telephone: (717) 558-1660 ~RI FICTION Robert Neffelbower hereby states that he is a Defendant in the forego~g and that the facts set forth herein are true, correct and accurate to theist . of his knowledge, info~ation and belief. He further understands thatJf~se / statements made herein are subject to the penalties set forth in 18 ~.~.S./ Section 4904, relating to unsworn falsification to autho~~/ ~er,~6~f~n~nt pro se 258 West North StrUt ~/ Carlisle, PA 1701~ Telephone: (717) 258-1660