HomeMy WebLinkAbout13-0366 - 3+,
Michael J. Pykosh, Esquire
SD#58851
Dethlefs-Pykosh Law Group, LLC 13 DE'� 21 �� 1 1'
2132 Market Street up
Camp Hill, Pennsylvania 17011 E i ,L t 1�°
Telephone—(717)975-9446 P P4 sA S'{U i'I i
Fax—(717)975-2309
mpykosh@gplglaw.com Attorney for Defendant
CLAREMONT NURSING AND : COURT OF COMMON PLEAS
REHABILITATION CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. No: 13-0366 – Civil Term
LEON G. RAMSEY and Civil Action – Law
CAROLE RAMSEY,
Defendants
NOTICE TO PLEAD
To: Steven M. Montresor, Esquire
Latsha Davis & McKenna, P.C.
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
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.
Michael J. ko —
sh, Esquire
ID # 58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Attorney for Defendant
Michael J. Pykosh, Esquire
I D#58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
mpvkosh4-)dpl4law.com Attorney for Defendant
CLAREMONT NURSING AND : COURT OF COMMON PLEAS
REHABILITATION CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. No: 13-0366 — Civil Term
LEON G. RAMSEY and Civil Action — Law
CAROLE RAMSEY,
Defendants
DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant by and through their Attorney, Michael J.
Pykosh, of the Dethlefs-Pykosh Law Group, who responds to Plaintiff's Complaint as
follows:
1. Admitted.
2. Admitted in part and Denied in part. It is Admitted that Defendant, Mr. Ramsey,
does not have the capacity to manage his affairs. It is Denied that he has a
diagnosis of dementia.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part and Denied in part. It is Admitted that on or about July 9, 2010,
Claremont and Mr. Ramsey, by and through Mrs. Ramsey, entered into an
Admission and Financial Agreement ("Admissions Agreement"). The remainder
of the averment as set forth in paragraph 6 constitutes a conclusion of law which
no response is required and therefore, the same is Denied.
7. Admitted in part and Denied in part. It is Admitted that on or about July 9, 2010,
Mrs. Ramsey executed a document entitled Responsible Person Agreement.
The remainder of the averment as set forth in paragraph 7 constitutes a
conclusion of law which no response is required. The document entitled
Responsible Person Agreement is a written document attached to the Plaintiff's
Complaint as Exhibit "B" and as such the terms of which speak for themselves.
8. Denied. After reasonable investigation, Defendant is without sufficient
knowledge as to the truth or veracity of the averments set forth in Paragraph 8 of
Plaintiff's Complaint.
9. Denied. It is Denied that Mr. and Mrs. Ramsey failed to pay Claremont for
nursing care services for Mr. Ramsey received from Claremont.
10.Denied. The averments as set forth in Paragraph 10 contain conclusions of law
to which no response is required.
11.Denied. The averments as set forth in Paragraph 11 contain conclusions of law
to which no response is required.
12.Denied. The averments as set forth in Paragraph 12 contain conclusions of law
to which no response is required.
13.Denied. The averments as set forth in Paragraph 13 contain conclusions of law
to which no response is required.
14.Denied. The averments as set forth in Paragraph 14 contain conclusions of law
to which no response is required.
15.Denied. The averments as set forth in Paragraph 15 contain conclusions of law
to which no response is required.
16.Denied. The averments as set forth in Paragraph 16 contain conclusions of law
to which no response is required.
COUNT I — BREACH OF CONTRACT
Claremont Nursing and Rehabilitation Center v. Carole Ramsey
17.The averments contained in Paragraphs 1-16 are incorporated herein by
reference thereto as though herein set forth at length.
18.Admitted in part and Denied in part. It is Admitted that Claremont and Mrs.
Ramsey entered into a document entitled Responsible Person Agreement. The
remainder of the averment as set forth in paragraph 18 constitutes a conclusion
of law which no response is required and therefore, the same is Denied.
19.Denied. The document entitled Responsible Person Agreement is a written
document attached to the Plaintiff's Complaint as Exhibit "B" and as such the
terms of which speak for themselves.
20.Denied. The document entitled Responsible Person Agreement is a written
document attached to the Plaintiff's Complaint as Exhibit "B" and as such the
terms of which speak for themselves.
21.Admitted.
22.Denied. The averments as set forth in Paragraph 22 contain conclusions of law
to which no response is required.
23.Admitted in part and Denied in part. It is Admitted that Claremont demanded
payment from Mrs. Ramsey. The remainder of the averment as set forth in
paragraph 23 constitutes a conclusion of law which no response is required and
therefore, the same is Denied.
24.Denied. The averments as set forth in Paragraph 24 contain conclusions of law
to which no response is required.
25.Denied. The averments as set forth in Paragraph 25 contain conclusions of law
to which no response is required.
WHEREFORE, the Defendant respectfully request judgment in their favor and
against Plaintiff with costs, attorney's fees and any other relief the Court deems just and
to dismiss Plaintiff's Complaint with Prejudice.
COUNT II — QUANTUM MERUIT
Claremont Nursing and Rehabilitation Center
v. Leon G. Ramsey and Carole Ramsey
26.The averments contained in Paragraphs 1-25 are incorporated herein by
reference thereto as though herein set forth at length.
27.Admitted in part and Denied in part. It is Admitted that Claremont has demanded
payment. The remainder of the averment as set forth in paragraph 27 constitutes
a conclusion of law which no response is required and therefore, the same is
Denied.
28.Denied. The averments as set forth in Paragraph 28 contain conclusions of law
to which no response is required.
29.Denied. The averments as set forth in Paragraph 29 contain conclusions of law
to which no response is required.
30.Denied. The averments as set forth in Paragraph 30 contain conclusions of law
to which no response is required.
31.Denied. The averments as set forth in Paragraph 31 contain conclusions of law
to which no response is required.
WHEREFORE, the Defendant respectfully request judgment in their favor and
against Plaintiff with costs, attorney's fees and any other relief the Court deems just and
to dismiss Plaintiff's Complaint with Prejudice.
COUNT III — EQUITABLE RELIEF — SPECIFIC PERFORMANCE
Claremont Nursing and Rehabilitation Center
v. Leon G. Ramsey and Carole Ramsey
32.The averments contained in Paragraphs 1-31 are incorporated herein by
reference thereto as though herein set forth at length.
33.Admitted in part and Denied in part. It is Admitted that Claremont and Mrs.
Ramsey entered into a document entitled Responsible Person Agreement. The
remainder of the averment as set forth in paragraph 33 constitutes a conclusion
of law which no response is required and therefore, the same is Denied.
34.Denied. The document entitled Responsible Person Agreement is a written
document attached to the Plaintiffs Complaint as Exhibit "B" and as such the
terms of which speak for themselves.
35.Denied. The averments as set forth in Paragraph 35 contain conclusions of law
to which no response is required.
36.Denied. The averments as set forth in Paragraph 36 contain conclusions of law
to which no response is required.
37.Denied. The averments as set forth in Paragraph 37 contain conclusions of law
to which no response is required.
38.Denied. The averments as set forth in Paragraph 38 contain conclusions of law
to which no response is required.
39.Denied. The averments as set forth in Paragraph 39 contain conclusions of law
to which no response is required.
40. Admitted. It is Admitted that Mr. and Mrs. Ramsey possess limited financial
resources and subsist on a fixed monthly income.
41.Denied. The averments as set forth in Paragraph 41 contain conclusions of law
to which no response is required.
42.Denied. The averments as set forth in Paragraph 42 contain conclusions of law
to which no response is required.
WHEREFORE, the Defendant respectfully request judgment in their favor and
against Plaintiff with costs, attorney's fees and any other relief the Court deems just and
to dismiss Plaintiff's Complaint with Prejudice.
DEFENDANT'S NEW MATTER
The Defendant sets forth the following New Matter:
43.The averments contained in Paragraphs 1-42 are incorporated herein by
reference thereto as though herein set forth at length.
44.The claims made by Plaintiff are barred by the applicable Statute of Limitations.
45.The claims made by Plaintiff are barred by the Doctrine of Accord and
Satisfaction.
46.Plaintiff's actions may bs barred by the Doctrine of Estoppel.
47.Plaintiff's actions may be barred by the Doctrine of Unclean Hands.
48.Plaintiff does not have privity of contract with Defendant.
49.Count III of Plaintiff's Complaint, which is based on an Unjust Enrichment cause
of action is not a permitted. See Wilson Area School Dist. v. Skepton, 586 Pa.
513, 521, 895 A.2d 1250, 1254 (2006).
50.A portion of the charges were not appropriate considering Defendant, Mr.
Ramsey's condition and therefore, should not be computed as part of the
balanced owed.
WHEREFORE, the Defendant respectfully request judgment in their favor and
against Plaintiff with costs, attorney's fees and any other relief the Court deems just and
to dismiss Plaintiff's Complaint with Prejudice.
Respectful bmitted,
Dated:(�— 02(x,~1 By:
Mich el J. Py osh, Esquire
ID # 58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Attorney for Defendant
VERIFICATION
1, Carole Ramsey, hereby verify that the statements of fact made in the foregoing
documents are true and correct to the best of my knowledge, information and belief. I
understand that any false statements therein are subject to the criminal penalties
contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities.
Date:
Carole Ramsey'
Michael J. Pykosh, Esquire
I D#58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, Pennsylvania 17011
Telephone—(717)975-9446
Fax—(717)975-2309
mpykosh(&dplglaw.com Attorney for Defendant
CLAREMONT NURSING AND : COURT OF COMMON PLEAS
REHABILITATION CENTER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. No: 13-0366 — Civil Term
LEON G. RAMSEY and Civil Action — Law
CAROLE RAMSEY,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing DEFENDANT'S ANSWER TO
PLAINTIFF'S COMPLAINT and NEW MATTER, was hereby served by depositing the
same within the custody of the United States Postal Service, First Class, postage
prepaid, addressed as follows:
Steven M. Montresor, Esquire
Latsha Davis & McKenna, P.C.
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
Respectfully' u itted,
Dated: Z z - 13 By:
Michael J. Pykosh, Esquire
ID # 58851
Dethlefs-Pykosh Law Group, LLC
2132 Market Street
Camp Hill, PA 17011
717-975-9446
Attorney for Defendant
"OT
".0
'j; hILH [HONO'TAR'l THIO I
0 4 JAIN 16 AN 8: 00 2914 JAN AM 7- 59
L
U
LA14 OUNTY
C.UMBERLAND COUNTY CU 1,,18 LA14
r NNSYL 0 S
SYLV I
PENNSYLVANIA N A 1A
Steven M. Montresor
Attorney ID #74244
Latsha Davis & McKenna
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
Tele: (717) 620-2424; Fax: (717) 620-2444 Attorneys for Plaintiff, Claremont Nursing
smontresor@ldylaw.com and Rehabilitation Center
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CLAREMONT NURSING AND
REHABILITATION CENTER,
Plaintiff, CIVIL ACTION
V. No. 13-0366
LEON G. RAMSEY,
and CAROLE RAMSEY,
Defendants.
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER
AND NOW, comes Plaintiff, Claremont Nursing and Rehabilitation Center, by and
through its attorneys, Latsha, Davis &McKenna, P.C., to hereby enter the following reply to the
New Matter of Defendants, Carol Ramsey and Leon G. Ramsey, to Plaintiff's Complaint:
43. This is an incorporation paragraph that requires no response. To the extent any
response is deemed required, Plaintiff incorporates the allegations of its Complaint as if set forth
herein at length.
358928vl
44. The allegation constitutes a conclusion of law to which no response is required.
To the extent any response is deemed to be required, said allegation is specifically denied. By
way of further answer, the claims made by the Plaintiff have been asserted timely.
45. The allegation constitutes a conclusion of law to which no response is required.
To the extent any response is deemed to be required, said allegation is specifically denied. By
way of further answer, the claims made by Plaintiff have not been settled or compromised.
46. The allegation constitutes a conclusion of law to which no response is required.
To the extent any response is deemed to be required, said allegation is specifically denied. By
way of further answer, Plaintiff's actions are not barred by the Doctrine of Estoppel.
47. The allegations constitute a conclusion of law to which no response is required.
To the extent any response is deemed to be required, said allegations are specifically denied. At
all times relevant, Plaintiff acted appropriately. By way of further answer, the Doctrine of
Unclean Hands is not applicable to Plaintiff's causes of action sounding in breach of the written
Admission and Financial Agreement and the Responsible Person Agreement.
48. The allegation constitutes a conclusion of law to which no response is required.
To the extent any response is deemed to be required, said allegation is specifically denied. To
the contrary, Plaintiff has privity of contract with Carole Ramsey by virtue of her execution of
the Admission and Financial Agreement and the Responsible Person Agreement.
49. The allegation constitutes a conclusion of law to which no response is required.
To the extent any response is deemed to be required, said allegation is specifically denied. By
way of further answer, Plaintiff is permitted to plead in the alternative.
50. The allegation constitutes a conclusion of law to which no response is required.
To the extent any response is deemed to be required, said allegation is specifically denied.
2
Plaintiff avers that all charges are appropriate. Further, it is unclear from Defendants' response
exactly what portion of the charges were not appropriate, and accordingly, Plaintiff is unable to
respond with any further specificity.
WHEREFORE, the Plaintiff respectfully requests judgment in its favor and against
Defendants with costs, attorneys' fees and such other relief as the Court deems just and
appropriate.
Respectfully submitted,
LATSHA DAVIS & McKENNA, P.C.
Dated: f'�s"= Ax By:
Steven M. Montresor
Attorney I.D. No. 74244
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
Tele: (717) 620-2424; Fax: (717) 620-2444
smontresor @ldylaw.com
Attorneys for Plaintiff,
Claremont Nursing and Rehabilitation Center
3589280
3
Jan, 15. 2014 12 : 57PM CLAREMONT BUSINESS OFFICE No, 3155 P. 5
VERIFICATION
I, Scott Sowers,hereby verify that 1 am die Chief Financial Officer for Claremont
Nursing and Rehabilitation Center;that I am audiorized to make the within Verification; and the
statements of fact in the foregoing Plaintiff s Reply to Defendants' New Matter are true and
correct to the best of my knowledge,information and belief. I understand that any false
statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904,relating to
unswom falsification to authorities.
Dated:
Scott Sowers, Chief Financial Officer
358928VI 4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
Plaintiff s Reply to Defendants' New Matter was served by first-class United States mail,
postage prepaid, upon the following:
Michael J. Pykosh, Esquire
Dethlefs-Pykosh Law Group
2132 Market Street
Camp Hill, PA 17011
Dated: /�f 4'- 20
Steven M. Montresor
358928v1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CLAREMONT NURSING AND REHABILITATION CENTER,
Plaintiff
VS
: NO. 13-0366
CIVIL TERM
LEON G. RAMSEY, and CAROLE RAMSEY, : c
Defendants. rn
z73
The Petition for Appointment of Arbitrators shall be substantially in the w
r-
3>
RULE 1312-1
following form:
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Latsha, Davis & McKenna, P.C. and Steven M. Montresor, Esquire' counsel for the
action (or actions), respectfully represents that:
1. The above -captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 13,632.90
The counterclaim of the defendant in the action is 0.00
efendant in the above
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Steven M. Montresor, Peter R. Wilson, and Michael J. Pykosh
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Date: 7/2/14
Respectfully submitted,
4,2.2.so
2#-3osoYe
Steven Nf. Montresoi Esgw
Counsel for Plaintiff, Claremont Nursing and Rehabilitation Center
ORDER OF COURT
AND NOW, , 20 , in consideration of the foregoing
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
KEVIN A. HESS, P.J.
433531v1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CLAREMONT NURSING AND REHABILITATION CENTER,
Plaintiff
VS
: NO. 13-0366
CIVIL TERM
LEON G. RAMSEY, and CAROLE RAMSEY,
Defendants. rn
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the w •
following form: Imo-
THE PETITION FOR APPOINTMENT OF ARBITRATORS_>
zc
TO THE HONORABLE, THE JUDGES OF SAID COURT: —i
Latsha, Davis & McKenna, P.C. and Steven M. Montresor, Esquire , counsel for the Caintiff efendant in the above
action (or actions), respectfully represents that:
1. The above -captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 13,632.90
The counterclaim of the defendant in the action is 0.00
1
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
4a.R. pd
as arbitrators:
Steven M. Montresor, Peter R. Wilson, and Michael J. Pykosh -
ioh4!:y
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to G/3x6,3
whom the case shall be submitted.
Date: 7/2/14
Respectfully submitted,
R#-3080 w
Steve:V.. Montresor, squ
Counsel for Plaintiff, Claremont Nursing and Rehabilitation Center
ORDER OF COURT
AND NOW, , 201, in consideration of the foregoing
petition, Esq., and
Esq., and /►'(��1/1 �Gj.Q/yt � Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
1.4'71S44 ha ui S ine,keon 4
.--1/4;a1tael pyk,d,
0.,,a, /d -7/9///
433531v1
By the Court,
KEVIN A. HE
CLAREMONT NURSING &
REHABILITATION CENTER,
Plaintiff
vs.
LEON G. RAMSEY and
CAROL RAMSEY,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION —LAW
: NO. 13-0366
ORDER
AND NOW, this / 2' day of August, 2014, the appointment of Jennifer Mulligan,
Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED.
Matthew Thomsen, Esquire, is appointed in her place.
BY THE COURT,
Marcus McKnight, III, Esquire
Chairman
Court Administrator
:rim
Py
'----r n(1
6' rrzilc,C
n
(-3
73 a
r*i
cn
z=�
r-2:
CQ
>C
y
-<
r
r7, _
G7 -p r.
rriN
--4
Ca
CD k
CU
Claremont Nursing & Rehab Center In The Court of Common Pleas of Cumberland
Plaintiff
Leon G. Ramsey & Carol Ramsey
Defendant
'County, Pennsylvania No.13
Civil Action — Law.
- 0366
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and t onstitution of this Commonwealth and that 1, •e will discharge the duties of our office
with fid
Signatur-
Marcus A. McKnight, III
Name (Chairman)
Irwin & McKnight, P.C.
Law Firin
60 West Pomfret Street
Address
Sie.naum
William Grubb, Esq. Matthew Thomsen, F.sq
Name Name
Law Officesoof William Grubb Capozzi Adler, PC
LawFitM
LawErM
3803 Gettysburg Road 1200 Camp Hill Bypass
Address
Address
Carlisle, PA 17013 Camp Hill, PA 17011
Cay, Zip City, Zip
Award
We, the undersigned arbitrators; having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
AM ar tf.3.2.qo .
Camp Hill, PA 17011
City, Zip
hc4
(la 4.4 41 Zan, t-
5 -
/L;).,,4 sti
(LL..4fJ
Date of Hearing: November 10, 2014
Date of Award: ,01444,...1,8, 201
-dissen -(Insert-name-if applicable:)- -
Matthew Thomsen, Esquire
Notice of Entry of Award
Now, the day of Witi/.444. 20 /V , at r LP/ , 4 .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitratorscompensation to be paid upon appeal: 5 179‘
QAe<
• "dud,
Prothonotary
By:
g)s-
DeputY
HLED-OFFICL
OF THE PROTHONOTARI
2014 NOY 10 AM 8: 44
CUMBERLAND COUNTY
PENNSYLVANIA
Ploh.lresof;
ay) ;e5 /14 c id / 1 /4 51;
E -Pt>
ivkik.,kthe to 'TA, 0 , d ;0? ple--/ ai A ea/ -/,j,