HomeMy WebLinkAbout14-4913 Supreme COuAfr,Pennsylvania
GOU0 aPleas For Prothonotary Use Only:
GIII �er� QSheet41 I
Docket No: / ti j
Cu �era Countyl'! 113 1 �i
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S Ox- Complaint 0 Writ of Summons 0 Petition
E 0 Transfer from Another Jurisdiction 0 Declaration of Taking
G Lead Plaintiff's Name: Lead Defendant's Name:
T Perini Services/South Hampton Manor, L.P. Mary L. Neal and Lisa Neal-Martin
Dollar Amount Requested: ?CI within arbitration limits
I Are money damages requested? x Yes 0 No (check one) Ooutside arbitration limits
O
N Is this a Class Action Suit? 0 Yes IM No Is this an MDJAppeal? 0 Yes F1 No
A Name of Plaintiff/Appellant's Attorney: David A. Baric, Esquire
0 Check here if you have no attorney(are a Self-Represented 1Pro Sed Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
0 Intentional ® Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution 0 Debt Collection:Credit Card Board of Assessment
Motor Vehicle Ox_� Debt Collection: Other Board of Elections
Nuisance money owed for Q Dept.of Transportation
0 Premises Liability skilled nursing care Statutory Appeal:Other
S 0 Product Liability (does not include 0 Employment Dispute:
E mass tort)
Slander/Libel/Defamation Discrimination
C 0 Other: Employment Dispute:Other 0 Zoning Board
,I, ❑ Other:
I Other:
O MASS TORT
0 Asbestos
N 0 Tobacco
Toxic Tort-DES
0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
Other: El Ejectment [3 Common Law/Statutory Arbitration
B 0 Eminent Domain/Condemnation 0 Declaratory Judgment
0 Ground Rent 0 Mandamus
0 Landlord/Tenant Dispute Non-Domestic Relations
Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY s'! Mortgage Foreclosure:Commercial QJ Quo Warranto
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0 Legal 0 Quiet Title Other:
0 Medical 0 Other:
0 Other Professional:
Updated 1/1/2011
PERINI SERVICES/ IN THE COURT OF COMMON PLEAS OF
SOUTH HAMPTON MANOR, L.P.,: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 2014- q`13 CIVIL TERM
MARY L. NEAL and CIVIL ACTION-LAW iM r
LISA NEAL-MARTIN
Defendants rte- '
C G �
)r>C:: W C!,
NOTICE ,r
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by an attorney and filing in writing with
the court, your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the court without further notice for any money claimed in the complaint or for any other claim
or relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
Q157, 75- 4�;,4ly
PERINI SERVICES/ IN THE COURT OF COMMON PLEAS OF
SOUTH HAMPTON MANOR, L.P. CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 2014- ���3 CIVIL TERM
MARY L. NEAL and CIVIL ACTION-LAW
LISA NEAL-MARTIN,
Defendants
COMPLAINT
NOW, comes Plaintiff, Perini Services/South Hampton Manor, L.P. ("Shippensburg"), by
and through its attorneys, Baric Scherer LLC, and files the within Complaint and, in support
thereof, sets forth the following:
1. Shippensburg Health is a Maryland limited partnership duly authorized to conduct
business in the Commonwealth of Pennsylvania with a business address of 121 Walnut Bottom
Road, Shippensburg, Cumberland County, Pennsylvania 17257.
2. Defendant, Mary L. Neal, is an adult individual who resides at 121 Walnut
Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257.
3. Defendant, Lisa Neal-Martin, is an adult individual who resides at 5 Buffalo
Drive, Shippensburg, Cumberland County, Pennsylvania 17257. Lisa Neal-Martin is the
daughter and Power Of Attorney for the Defendant, Mary L. Neal.
4. On or about June 12, 2013, Lisa Neal-Martin executed a Payment Agreement. A
true and correct copy of the Payment Agreement is attached hereto as Exhibit "A" and is
incorporated by reference.
5. The Payment Agreement was executed by the parties to memorialize the debt
owed by Mary L. Neal and Lisa Neal-Martin for care and services provided to Mary L. Neal.
6. The Payment Agreement required Lisa Neal-Martin and Mary L. Neal to make
monthly payments to Shippensburg.
7. As of the date of filing of this Complaint, Lisa Neal-Martin and Mary L. Neal
have failed to make the payment due July 1, 2014.
8. Demand has been made upon Lisa Neal-Martin and Mary L. Neal to pay the
amount due and owing.
9. The Payment Agreement provides that in the event of default in payment,
Shippensburg may declare the entire unpaid balance and all accrued unpaid interest immediately
due.
10. The Payment Agreement provides for the recovery of attorney fees and costs paid
by Shippensburg in connection with the collection of the amount due and owing.
11. The principal balance remaining due as of July 16, 2014 is $8,664.97, plus
interest of$68.37 (per diem of$4.27).
12. The Payment Agreement also provides for the recovery of legal fees and costs of
Shippensburg.
COUNT I- BREACH OF CONTRACT
SHIPPENSBURG v. MARY L. NEAL AND LISA NEAL-MARTIN
13. Plaintiff incorporates by reference paragraphs one through twelve as though set
forth at length.
14. All conditions precedent to recovery under the Admission Agreement and
Payment Agreement have been fulfilled.
15. Lisa Neal-Martin was obligated to use the assets and income of Mary L. Neal to
satisfy the debt due and owing to Shippensburg for the services and care provided to Mary L.
Neal by Shippensburg.
16. The amount due and owing is not covered by a third party payor.
17. Lisa Neal-Martin has breached the Admission Agreement by failing and refusing
to pay for the service and care provided from the assets and income of Mary L. Neal.
18. Mary L. Neal has breached the Admission Agreement by failing and refusing to
pay for the service and care provided to her by Shippensburg.
19. The amount sought herein is not in excess of the amount requiring compulsory
arbitration.
WHEREFORE, Plaintiff requests judgment in its favor and against the Defendants for the
sum of$8,733.34 plus late fees, interest, costs and expenses, attorney fees and any other amount
coming due to the date of award.
Respectfully submitted,
BARIC SCHERER LLC
ZiM4 Or,
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
The statements in the foregoing Complaint are based upon information which has been
assembled by my attorney in this litigation. The language of the statements is not my own. I
have read the statements; and to the extent that they are based upon information which I have
given to my counsel, they are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §
4904 relating to unsworn falsifications to authorities.
Date:
I
i
PAYMENT AGREEMENT
This Stipulation and Payment Agreement("Agreement") is made end entered Into by and
I
between Shlppensburg Health Care Center("Plaintiff');Mary:Neal("Neal")and Lisa Neal-Martin i
("Martin")on this W, day of June,2013.
JZk RECITALS
WHEREAS, Neal is currently indebted to Plaintiff in the amount of$8,664.97 for goods and
services provided to her as a resident at Shippensburg Health Care Center;
WHEREAS, Plaintiff has the right to file a civil claim against Neal for that amount plus court costs
and attorney fees;
WHEREAS, Martin is the Daughter and Power of Attorney for Neal.She signed Neal's Admission
Contract as Agent,wherein agreeing to properly manage her funds and pay for her medical care;
i
WHEREAS, Plaintiff has agreed to waive the outstanding and accumulated interest due on the
principal amount in consideration of the parties Agreement; i
NOW,THEREFORE, in consideration of the above premises,and the mutual and good
consideration,the sufficiency and receipt of which are hereby acknowledged,the parties hereby i
stipulate and agree to settle the above case as follows:
AGREEMENT
1. The foregoing recitals are incorporated herein and made a part herein by this reference.
2. The parties agree that Neal/Martin shall pay to Plaintiff,the sum of$8,664.97. No interest shall
accrue on this sum if paid according to the terms of this Agreement. The funds and resources of
Martin shall be used to make payments as follows:
I. Martin agrees to make monthly payments of$350.00 by the first(1st) day of each j
month, beginning July 1,2013 to Shippensburg Health Care Center.
Ii. Payments shall be mailed and made payable to:
1. Shippensburg Health Care Center
1710 Underpass Way,Suite 201 f
Hagerstown, MD 21740
iii. Given that Neal has financial obligations to Shippensburg Health Care Center
external to this Agreement, Neal/Martin shall denote an Agreement payment by
writing"Settlement Agreement Payment" in the memo field of the check.
iv. Any check not received,or postmarked, by the twenty-fifth(25`h)day of the month
I
will be late and shall be in default.
v. The-inonthly payments shall be made until the$8,664.97'is paid in full.
3. If Martin.defaults on payments,interest,at the rate of 18%per annum,shall continue to accrue on
the outstanding balance. €
.........................I...--......—._._......— —.._............__._............................_...........................
_..-- ._......- - ............. ._...
1113age Payment Agreement
EXHIBIT "A"
I
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i
I
I
4. Upon a default, Plaintiff hereby reserves the right to seek any and all damages against Martin.
5. The term "default' used in this Agreement shall mean Martin's failure to pay an installment
payment on or before the date on which it is due,and subject to the grace period,as set forth in
paragraph 2 above.
6. The parties acknowledge that they have read the foregoing Agreement and are entering into the
same freely and voluntarily and with full understanding of its contents.
7. This Agreement represents the full and entire agreement of the parties relevant to the subject
matter. The parties agree that, in entering into this Agreement,they are not relying on any
representations other than those expressly set forth herein. Neither this nor any term or provision
hereof may be changed,waived,discharged,terminated,or added orally in any manner other than
an instrument in writing signed by all parties.
8. This Agreement shall be construed in accordance with the laws of the State of Maryland. I
9. The terms of this Agreement shall be binding upon the parties hereto and their respective heirs,
personal representatives,successors,and assigns.
10. Should any provision of this agreement be deemed unenforceable,voidable or void,as contrary to
law or public policy under the laws of the State of Pennsylvania,the parties intend that the
remaining provisions of this Agreement shall nevertheless continue in full force and effect.
I
I
Jo erini Lisa Neal-Martin
President 5 Buffalo Drive
Magnolia Management, Inc. Shippensburg, PA 17257
Managing Agent for Shippensburg Health Care Center
1710 Underpass Way i
Hagerstown, MD 21740
(301)745-8700
I
1
............._-..._........................... .............. ........
_ I
21 Page Payment Agreement
i
Ronny R Anderson
Sheriff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
01
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Jody Smith i;;;; i;;;;
Chief Deputy
Richard W Stewart
Solicitor OFFICE QF TE SRIFF
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{..LyKU/HONOTA~�
2014 SEP �� P� q� �7
- - ... . �'CUMBERLAND COUNTYPENNSYLVANIA
Perini ServicesSouth Hampton Manor, LP
vs.
yNaryLNeal (et aU
Case Number
2014-4913
SHERIFF'S����������k���
RETURN ~^^~^" OF~~~~"~""~~"-
D8/2G/2U14 06:46 PM - Deputy Jason Kinsler, being duly sworn according to lawserved the requested Complaint&
Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Lisa Neal Martin at 5 Buffalo Road, Southampton Township, Shippensburg, PA 17257.
JSON KINSLER, DEPUTY
08/26C2014 06:46 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint &
Notice by handing a true copy to a person representing themselves to be Lisa Neal K8orbn, Daughter,
Power of Attorney, who accepted as "Adult Person in Charge" for Mary L Neal at 5 Buffalo Drive,
Shippensburg Township, Shippensburg, PA 17257.
—_ �57
ASON KINSLER, DEPUTY
SHERIFF COST: $67.09 SO ANSWERS,
August 29, 2014 RON R ANDERSON, SHERIFF
wm=*omSheriff. 'releosoft,Inc.
PERINI SERVICES/ : IN THE COURT OF COMMON PLEAS OF
SOUTH HAMPTON MANOR, L.P., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v. : NO. 2014-4913 CIVIL TERM
MARY L. NEAL and
LISA NEAL-MARTIN,
Defendants
: CIVIL ACTION -LAW
)=-=
DEFENDANTS ANSWER TO THE PLAINTIFF'S COMPLAit 1
And now, comes the defendants, by and through themselves, and file this Answer to
Plaintiff's Complaint as follows:
1. Defendants have no independent knowledge of the Plaintiff's status for conduction
of business within the Commonwealth of Pennsylvania.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted in part and denied in Part. Defendants admit that Mary Neal is indebted
for care and services provided to her. Lisa Neal -Martin assumed no indebtedness
demonstrated on page 56 (fifty-six) of the Personal Guaranty when Mary L. Neal
was admitted to the facility known as Shippensburg Healthcare Center. A true and
correct copy of the Personal Guaranty is attached hereto as Defendants'
Exhibit "A" and is incorporated by reference.
6. Admitted.
7. Admitted.
8. Denied. Lisa Neal -Martin has not received any correspondence or phone messages
from Shippensburg Healthcare Center's Business Administrator since the signing of
said Agreement regarding any balances due and payable for care of Mary L. Neal.
Lisa Neal -Martin has been unemployed until November 20, 2013. When she gained
employment, she contacted the Healthcare Facility several times to resume
payment responsibility and was not contacted in return by the facility's Business
Administrator.
9. Admitted.
10. Admitted.
11. Defendants have no knowledge of the balance owing as some payments were made
and no acknowledgment was produced regarding payment balance by way of
monthly statement by Shippensburg Healthcare Center's Business Administrator's
verbal agreement with Lisa Neal -Martin.
12. No response.
COUNT I- BREACH OF CONTRACT
13. No response required.
14. Denied. Lisa Neal -Martin did not sign Personal Guaranty upon admission of Mary
L. Neal into the Shippensburg Healthcare Facility. Lisa Neal -Martin admits to
signing Payment Agreement while under duress and upon being threatened with
the removal of Mary L. Neal from the facility known to Lisa Neal -Martin as
Shippensburg Healthcare Center.
15. Admitted. Mary L. Neal received no assets from the sale of her personal
property at 445 Old State Road, Gardners, PA. RSR Auctions sold the items
and no monies were received by Lisa Neal -Martin for the sale of said items.
Lisa Neal -Martin has received no bill of sale from the items and is awaiting
a copy of the transaction paperwork from RSR Auctions.
16. Admitted.
17. Denied. Lisa Neal -Martin has not refused to pay for services or care provided
for Mary L. Neal. No communication of costs of services has been provided
to demonstrate said services or care.
18. Denied. Mary L. Neal has not refused to pay for services.
19. Defendants have no independent knowledge of this statement.
Wherefore, Defendants Respectfully request that this Honorable Court enter
judgment in favor of Defendants to allow them to resume payment arrangements
without prejudice to the care and overall treatment of Mary L. Neal.
Respectfully submitted,
Ef,..,€,4___,i.„ Llq,e,euP - L-fritce.A,t;c,c.ci
Lisa Neal -Martin
5 Buffalo Drive
Shippensburg, PA 17257
(717) 681-3262
• 5240/1 PM aft Og
HEALTH CARE CENTER
717-530-8300 • 121 Walnut Bottom Road, Shippensburg, PA 17257 • www.ShippensburgHCC.org
Personal Guaranty
This Guaranty ("Guaranty"), dated , 20 , is entered into
by for the benefit of
The Guarantor is the (ex. son, daughter, wife, husband, friend, etc.) of Resident; and guarantees
any and all obligations due and to become due to Shippensburg Health Care Center by Resident.
In the event that Resident fails to satisfy or observe his/her financial obligations to Shippensburg Health Care Center, the
Guarantor will promptly satisfy and observe such obligations in the place of Resident. The liability of the Guarantor is
direct, immediate, absolute, continuing, unconditional, and unlimited, without the necessity of any recourse being first had
against the Resident or against any security. The Guarantor is bound, as a primary obligator, to answer to Shippensburg
Health Care Center for any default in the prompt payment of the Resident's financial obligations.
The Guarantor agrees to pay all collection costs incurred by Shippensburg Health Care Center, including, without
limitation, reasonable attorneys' fees for preparing demand letters or bringing any action for collection, enforcement of such
obligations which are guaranteed hereunder, and any interest before or after judgment.
This Guaranty is a contract entered into under and pursuant to the laws of the State of Pennsyvlvania and shall be in all
respects governed, construed, applied and enforced in accordance with the laws of said State, and no defense given or
allowed by the laws of any other state of the United States of America shall be interposed in any action hereon unless
defense is also given or allowed by the laws of the State of Pennsylvania.
Guarantor hereby waives notice of default and non-payment. If more than one person shall execute this Personal Guaranty,
"Guarantor" shall mean all persons signing this Personal Guaranty, and each of them shall be jointly and severally obligated
hereunder. All of Shippensburg Health Care Center's rights and remedies hereunder are cumulative and not alternative.
Guarantor(s) NOTE: By signing this Guaranty you are agreeing to be personally liable.
Signature: R41.4f o s i
Print Name:
, personally Date:
Home Address:
Home Phone Number:
Signature: , personally Date:
Print Name:
Home Address:
Home Phone Number:
Witness Signature: Date:
initials Q V\ /V1 56
1 I\
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS
PERINI SERVICES/
SOUTH HAMPTON MANOR, L .P .
Plaintiff
VS
MARY L. NEAL AND
LISA NEAL—MARTIN,.
Liefendant
RULE 1312-1
following form:
: NO. 2014-4913
CIV
IA=
C,D
The Petition for Appointment of Arbitrators shall be substantially in the
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
David A. Baric, Esquire , counsel for the plaintiffecieRdank 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 $ 8,733 • 34
The counterclaim of the defendant in the action is None .
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
None.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
ul y submitted,
David A. Baric, Esquire
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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PERINI SERVICES/
SOUTH HAMPTON MANOR, L.P.,
Plaintiff
VS
MARY L. NEAL AND
LISA NEAL—MARTII�efendant
RULE 1312-1
following form:
PENNSYI IIAQ
cc)
co
No.2014-4913 CIVIL
The Petition for Appointment of Arbitrators shall be substantially in the
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
rD
David A . Baric, Esquire , counsel for the plaintifticlemdancin 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 $ 8,733 . 34
The counterclaim of the defendant in the action is None .
t
AiFy
ck' .744g4
,'3138'
The following attorneys are interested in the case(s) as counsel or are otherwise disqual'>to
as arbitrators:
None.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrato
whom the case shall be submitted.
QD
David A. Baric, Esquire
ORDER OF COURT
AND NO jOW, 1--d2 e./i tern% / , 20 it, in consideration of
�the� going
petition, (� . i&) G j Esq., and �A eLf' Iii_:i �
Esq., andQ • Ar7-i
captioned action (or actions) as prayed for.
.- kis4 /Ue - hub -4,4
Ma. f L . /Jea.
t) io( &If -jai Ey:
Esq., are appointed arbitrators in the above
By the Cou ,
KEVIN . HESS, P.J.
474.
PERINI SERVICES/SOUTH
HAMPTON MANOR LP,
Plaintiff
vs.
MARY NEAL and LISA
NEAL-MARTIN,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION — LAW
: NO. 14-4913 CIVIL
ORDER
AND NOW, this �5 day of December, 2014, the appointment of Ruth Brown,
Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED.
Jessica Fisher Greene, Esquire, is appointed in her place.
BY THE COURT,
C. Roy Weidner, Esquire
Chairman
Court Administrator -� e'''
:rim
eel ma,Ad / J/37, y`
Kevin Hess, P. J.
4L.
C'7
no a
m co
r �J
PERINI SERVICES SOUTH
HAMPTON MANOR L.P.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION — LAW
: NO. 14-4913 CIVIL
MARY L. NEAL and LISA
NEAL-MARTIN,
Defendants
ORDER
AND NOW, this /Z" day of January, 2015, the appointment of William Thompson,
Esquire, as a member of the Board of Arbitrators in the above -captioned case is VACATED.
Susan Hartman, Esquire, is appointed in his place.
Roy Weidner, Esquire
Chairman
Court Administrator
:rim
BY THE COURT,