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HomeMy WebLinkAbout05-228211 % HCR MANORCARE, INC., Plaintiff V. GARY D. RUSH, IN THE COURT OF COMMON PLEAS ( CUMBERLAND COUNTY, PENNSYLV. NO. 2005 - ZaPP, CIVIL TERM CIVIL ACTION-LAW Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in t] following pages, you must take action within twenty (20) days after this complaint and noti served, by entering a written appearance personally or by an attorney and filing in writing v the court, your defenses or objections to the claims set forth against you. You are warned t you fail to do so, the case may proceed without you and a judgment may be entered against by the court without further notice for any money claimed in the complaint or for any other or relief requested by the plaintiff. You may lose money or property or other rights import/ you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU I NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA' ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AI 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 are if to HCR MANORCARE, INC., Plaintiff V. GARY D. RUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAP NO. 2005 - a,2P;1, CIVIL TERM CIVIL ACTION-LAW COMPLAINT NOW, comes Plaintiff, HCR ManorCare, Inc. ("ManorCare"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: Plaintiff is HCR ManorCare, Inc., an Ohio corporation duly authorized to business in the Commonwealth of Pennsylvania. 2. Defendant, Gary D. Rush ("Rush"), is an adult individual with a residence of 97 Pleasantview Terrace, New Cumberland, York County, Pennsylvania 17070-2842. ManorCare previously filed a civil action against Rush in the Court of Pleas of Cumberland County docketed to No. 02-2592 (the "prior action"). The complaint in the prior action is incorporated herein by reference thereto as though set forth at length. 4. The prior action was settled by the parties and a Settlement Agreement and Release was entered into to effectuate that settlement. A true and correct copy of the Agreement is attached hereto as Exhibit "A" and is incorporated by reference. Rush made several payments pursuant to the Settlement Agreement. A of Account is attached hereto as Exhibit "B" and is incorporated by reference. Has missed payments due for August, 2004, February, 2005 and March, 2005. 6. At the present time, an outstanding balance of $9,310.00 exists under the Settlement Agreement. A notice of default was provided by counsel for ManorCare to the attorney Rush. A true and correct copy of the notice of default is attached hereto as Exhibit "C" andl is incorporated by reference. 8. No response has been received and no payment has been made since the of the notice of default. 9. The Settlement Agreement provides, in relevant part, as follows: Should Gary D. Rush default in his payments under this Agreement, ManorCare shall give notice of the default to Andrew Eisemann, Esquire, attorney for Gary D. Rush, and if the default is not cured within seven (7) days from the date of the notice, Gary D. Rush shall be responsible to pay all costs and expenses, including reasonable attorney fees incurred by ManorCare to seek collection of the amount due and owing. COUNTI BREACH OF SETTLEMENT AGREEMENT HCR MANORCARE. INC. v. GARY D. RUSH 10. Plaintiff incorporates by reference paragraphs one through nine as though set at length. 11. Demand has been made upon Rush to pay the amounts due and owing under Settlement Agreement. 12. Without justification therefore, Rush has failed and refused to pay the amount and owing. 13. Rush has breached the terms of the Settlement Agreement. WHEREFORE, Plaintiff demands the sum of $9,310.00 plus costs and expenses, and reasonable attorney fees all in an amount requiring compulsory arbitration. Respectfully submitted, RIEN, BART SCH David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dah.dirfmanoreare/rush/garyrush2.pld MAR 23 2004 11.33 FR MANOR CARE-CARLISLE 717 249 0647 TO 2495755 P. SETTLEMENT AGREEMENT AND RELEASE TMS AGREEMENT, entered into this day of S w.6r 2002, by and between Gary D. Rush and HCR ManorCare, Inc., an Ohio corporation, with a principal place of business at 940 Walnut Bottom Road, Carlisle, Pennsylvania 17013. ManorCare operates a skilled nursing facility located at 940 Walnut Bottom Road, Carlisle, Pennsylvania (the "Facility'). Bonnie J. Rush is a resident of the Facility, entering the Facility on or about January 1 2001. Upon her admission, Gary D. Rush executed a certain Admission Agreement on behalf Bonnie J. Rush as her attorney-in-fact. ManorCare has initiated an action against Gary D. Rush and Bonnie J. Rush docketed No. 02-2592 in the Court of Common Pleas of Cumberland County (`Action") seeking of the sum of Twenty-one Thousand Three Hundred Ninety-four and 30/100 ($21,394.30) Dollars. The parties desire to resolve the claim of ManorCare. NOW, THEREFORE, for good and valuable consideration and the covenants set forth herein, the parties agree as follows: Gary D. Rush shall cause to be paid to ManorCare the sum of Sixteen Thousand Five Hundred and no/100 ($16,500.00) Dollars as follows: a) One Thousand Five Hundred and no/100 ($1,500.00) Dollars within (15) days of the execution of this Settlement Agreement and Release; b) beginning with the month following execution of the above payment, the sum of Two Hundred Fifty and no/100 ($250.00) Dollars per month by the tenth day of each EYftS&Z7 'A* __ _ .... ..,,....I - ..11 = -I l'! 24`3 0647 TO 24`15'/5b Y. Pay all costs and expenses, including reasonable attorney fees incurred by ManorCare to seek collection on the amount remaining due and owing. This Agreement may be executed in multiple counterparts having the same effect as though all signatures appeared on the same original. The parties hereto have, on the date set forth hereinabove, executed this Agreement by signing below. WITNESS: 1 ? eL G ry D. Rush By; DAB/ManorCases/Rush/Agreementrel ** TOTAL PRGq.06 ** mar 16 05 03:55p Sheet2 HCR*ManorCare MANORCARE CARLISLE 372 940 WALNUT BOTTOM ROAD CARLISLE, PA 17013 (717)-249-0085 5/21/2004 5/31/2004 6/17/2004 7/1 912 0 04 917/2004 1016120D4 11/3/2004 12/28/2004 1131/2005 PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU PAYMENT RECEIVED - THANK YOU Payment Due Upon Receipt Page 1 PRIVATE STATEMENT ROOM 11 ,81 Amount Due 2 .00 00 $9,310.00 EXHIBIT „B„ Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer direct: (117) 249-6873 Fax (7 7) 249-5755 March 17, 2005 Andrew R. Eisenmann, Esquire Law Offices of Markian R. Slobodian 801 North Second Street Harrisburg, Pennsylvania 17102 RE: HCR ManorCare, Inc. v. Bonnie J. Rush and Gary D. Rush Dear Mr. Eisenmann: In accordance with the terms of the Settlement Agreement and Release dated Septe ber 25, 2002, please be advised that Gary D. Rush is in default under the terms of the agreemen . At present, payments for August, 2004, February, 2005 and March, 2005 remain unpaid and pa t due for an arrearage balance of $750.00. Please contact me if you care to discuss this matter in more detail. Very truly yours, l O'BnR_IEN, BAR?IC &?S( David A. Baric, Esquire DABJI cc: ter File da b.d it/ma noreare/rush/eiseman n7.itr EXHIBIT "C" HCR MANORCARE, INC., Plaintiff V. GARY D. RUSH, Defendant IN THE COURT OF COMMON PLEAS ( CUMBERLAND COUNTY, PENNSYLV NO. 2005 - CIVIL TERM CIVIL ACTION-LAW VERIFICATION The statements in the foregoing Complaint are based upon information which has assembled by my attorney in this litigation. The language of the statements is not my owr?. 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 falsifications to authorities. DATE: April (0 1 2005 kgaid AMY J `J ?"k Ki erly Etzler Business Office Manager n ic? ^ _ 'J V d c.. ^T3 TJ C c? f,r 11 ti (l s ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02282 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HCR MANORCARE VS RUSH GARY D R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RUSH GARY D but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On June 9th , 2005 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answe?? - r 18 Docketing .00 Out of County 9.00 _?- Surcharge 10.00 R. Thomas Kline Dep York County 31.39 Sheriff of Cumberland County Postage .74 69.13 06/09/2005 OBRIEN BARIC SCHERER Sworn and subscribed to before me this 1,1 day of ,-2 uyA. 1). in his bailiwick. He therefore Prothonotar COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORCLE ST,YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE I INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES HCR Manorcare Inc 3. DEFENDANT/Sr Gary D. Rush I. TYPE OF WNIT OR COMPLAIN I Notice and Complaint SERE 5 NAME OF INUIVIDUAL,UUMPANY OUNYVN I1UN tll. lvatnvt urt uca?rtm nvn rrnvrc ,. , o Garrv D Rush 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO. CITY, BORG, TWP. STATE AND UP CODE) AT 97 Pleasantview Terrace New CLI berland, PA 17070 7 INDICATE SERVICE' U PERSONAL U PERSON IN CHARGE U DEPUTIZE '-LCER?1? U 1ST CLASS MAIL U POSTED J OTHER NOW Mav 4 20 05 1, SHERIFF OF Vdft COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this 'd,, ' e return thegge ;4ecording to law. This deputization being made at the request and risk of the plaintiff., P "?cra - SHERIFF OFIN O Ntt 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. CLnberland OUT OF COUNTY ADVI.NCE FEE PD BY XX SHERIFF CUMBERLNAD Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within win may leave same without a watchman, in custody of whomever is found in possession, after notifying person of fairy or attachment, without hat"lity on the part of such deputy or the sheriff to any plaintiff herein W any Ides, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY /ORIGINATOR and SIGNATURE 1 1 10. TELEPHONE NUMBER 11. DATE FILED DAVID GA"IC 19 Q. SOUTH ST. CARLISM , Pi 17013 249-b2,73 5-3-05 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed 0 notice is to be mailed) CUPH':;:L.".ND CO SHERIFF SPACE BELOW FOR U5E OF TM 5MCIFIF-_W PIUi WMI1L nriUW inlsr one 13. 1 acknuvT6dge receipt of the wra 14. DATE RECEIVED 15. Fit ""'ONHeanng Date or complaint as Indicated above. P,. Al. "-NS I 5-5-05 , 2-05 18. HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE( ) OTHER ( ) SEE REMARKS BELOW 17 I hereby cerbly and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below) 18. /WAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Tlme of Service 21. ATTEMPTS Date Time Miles Int. Dale Time miles { Int Date Time Miles I Int. I Date Time Miles Int. I Dale Time Miles In/. I Date I Time ) Miles' Int 2. REMARKS: G - (a llfr-I ?y j Q C'? 1w, ati? v 7% l? yC O Cc ? ? A,, 6 G '3. Advance Costs 24 Service Costs 25 N/F 26 Mileage 27. Postage 26 Sub Total 29. Pound 30 Notary 31. Surcbg. 32 TO, C011 .1 Costs D I heck No. 00.00 A_ Fixates Ceunb Costa 35. Advance Costs 3fi Service Costs 37. Notary Cert . 38 MileagrJPOStagefNOt Found 39. Total Costs 40 Costs Due or Rerund 1. AFF MED and subscAgbedt 44. Signature of Z. day 4KL-.SA ?? " i , pFPR00H D ARV Dep. Sheriff 46 Ssg?ynature of York Ilyly COmm'= :_ --- 47TCOi1411YA"nRM. HOSE 47 DATE 5-16-05 49 DATE 1 AC OWLEDGE RECEIPT OF THE SHt vfS REYURN SIGNATURE 151 OF THORVED ISSUING AUTHORITY A D TITLE WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs ORre ? M.. HCR MANORCARE, INC., Plaintiff V. GARY D. RUSH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2282 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned action as having been settled and discontinued without prejudice. Respectfully submitted, O' EN, BARK SCHE c Date: September 30, 2008 David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on September 30, 2008, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Gary D. Rush 424 Lewisberry Road New Cumberland, nn vania 1707 David A. Baric, Esquire ^a c- ?? ?-, ?a ? ?;, ? ? ?? ?- -z; ?? ;??? _ - --?, ?, ?,? •- ?; s'? -? ?•a ? -?.