HomeMy WebLinkAbout05-5946
.-.
Johnson, Duffie, Stewart & Weidner
By: David W. Deluce
1.0. No. 41687
Elizabeth D. Snover
I.D. No. 200997
301 Market Street
P. O. Box 109
lemoyne, Pennsylvania 17043-0109
(717) 761-4540
dwd@jdsw.com
Attorneys for Plaintiff
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
NO. d()".))-- 5/'Y((
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHARITY,
v.
CIVil ACTION - LAW
JENNIFER HORN flk/a
JENNIFER L. HAYS,
Defendant
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 are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further 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, 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
Telephone (717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro
de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personal mente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demand as presentadas aqui en contra suya.
Se Ie advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0
cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros
derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS
QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE
CUAlIFICAN.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
Johnson. Duffie, Stewart & Weidner
By: David W. Deluce
I.D. No. 41687
Elizabeth D. Snover
I.D. No. 200997
301 Market Street
P.O. Box 109
lemoyne, Pennsylvania 17043-0109
(717) 761-4540
dwd@jdsw.com
Attorneys for Plaintiff
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHARITY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. O.r - ~9Lf (.,
CIVil ACTION - LAW
v.
JENNIFER HORN flk/a
JENNIFER L. HAYS,
Defendant
COMPLAINT
1. The Plaintiff, Holy Spirit Hospital of the Sisters of Charity (sometimes
hereinafter "Hospital"), is a not-for-profit corporation with a principal place of business at
503 North 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011.
2. The Defendant, Jennifer Horn, formerly known as Jennifer L. Hays, is an
adult individual residing at 110 Miller Drive, Fayetteville, Franklin County, Pennsylvania
17222.
3. This action arises out of two (2) Educational loan and Employment
Agreements (sometimes hereinafter referred to as "Agreements") entered into by the
Plaintiff and Defendant on August 3, 2001 and July 22, 2002. True and correct copies
of said Agreements are attached as Exhibit "A" and Exhibit "B".
4. These Agreements gave the Defendant, an aspiring nurse, educational
loans and employment with enhanced rate of pay and medical benefits at Hospital.
5. In return, Hospital had a right to employ the Defendant upon her
graduation from Shepherd College, a school of nursing, in May of 2004.
6. It was through this employment after graduation that the Defendant could
repay Hospital the educational loans.
7. The Agreements, in Paragraph 2, gave Hospital the right to employ the
Defendant and obligated the Defendant to accept any offer of employment.
8. The Defendant was obligated to provide employment with the Hospital
equal to the number of academic years in which the Hospital gave tuition assistance,
each year being equivalent to 2,080 hours.
9. In the most recent Agreement dated July 22, 2002 (Exhibit "B"), the
Defendant obligated herself to be available for employment no later than October 2004.
10. Paragraph 8-C of the Agreement, dated July 22, 2002, states that if for
any reason the Defendant fails to fulfill the employment obligation, any and all monies
received by the Defendant or paid for the Defendant's benefit, shall be repayable to the
Hospital upon demand in full together with interest as set forth in the Agreement.
11. Paragraph 8-C of the Agreements further conditions that if the Hospital
does not elect to employ the Defendant upon her graduation before October 2004, the
Defendant shall have no obligation to repay any funds received by her under the terms
of the Agreement.
12. The Agreements also provide that if the Hospital offers the Defendant
employment and she refuses, Hospital will be entitled to repayment of any monies paid
for the Defendant's benefit under the Agreements.
13. Upon the Defendant's graduation in May 2004, the Hospital made several
attempts to employ her before October 2004.
14. Due to the Defendant's changed life circumstances since the 2001 and
2003 Agreements, the Hospital made numerous efforts to try and find hours and a
position that fulfilled Defendant's personal and professional demands.
15. The Hospital also engaged in at least three (3) meetings with the
Defendant regarding her future employment with the Hospital, with meetings taking
place in September 2004 and October 2004, where continued attempts were made by
Hospital to accommodate the Defendant's employment requests.
16. Previous to these meetings, the Defendant had already obtained full-time
employment with Gettysburg Hospital.
17. Due to Defendant's demands, Hospital tried to accommodate the
Defendant's work schedule and commuting needs and still find a place of employment
acceptable to her with Hospital to fulfill her requirements under the Agreements.
18. The Hospital continued to make attempts to accommodate the Defendant
throughout October and November of 2004 but Defendant refused to accept any
employment options proposed.
19. In a final attempt to reach an agreement with the Defendant, the Hospital
mailed a written offer of employment to the Defendant with a start date of January 2005
which the Defendant refused to accept.
20. On January 14, 2005, Hospital sent a demand letter seeking repayment of
the Education loans and the enhanced rate of pay provided to her amounting to
$18,714.56. Attached hereto as Exhibit "C" is a true and correct copy of said letter.
21. Despite written demand, no repayment has been made by the Defendant
and the Defendant has not worked at Hospital.
22. The Defendant is in breach of the Agreements.
23. Under the Agreement, Hospital is entitled to repayment of all tuition
monies paid on behalf of the Defendant as well as the enhanced rate of pay given to the
Defendant for her work for an affiliated company between 2001 and 2004 ($18,153.00),
plus reimbursement for medical benefits provided to the Defendant between the periods
of August of 2001 and May of 2004 ($8,655.84), which totals $26,808.84.
24. Also under the Agreement, at Paragraph 9, all monies to be repaid to the
Hospital by Defendant shall include interest at a rate equal to the prime rate as
published in the Wall Street Journal which through October 31, 2005 amounts to
$777.74.
PLAINTIFF v. DEFENDANT
COUNT 1- BREACH OF CONTRACT
25. Plaintiff herein incorporates the averments of Paragraphs 1 through 24
above as if fully set forth herein.
26. By reason of the Defendant's breach of contract (Exhibits "A" and "B"
attached) due to her willful failure to repay monies owed to the Hospital in connection
with the Agreements, there is justly due and owing to the Hospital $27,586.58 plus
interest which continues to accrue since November 1, 2004 at a rate equal to the prime
rate as published in the Wall Street Journal.
WHEREFORE, Plaintiff, Holy Spirit Hospital of the Sisters of Charity demands
that a Judgment of $27,586.58 be entered against the Defendant, Jennifer Horn,
formerly known as Jennifer L. Hays, plus interest from November 1, 2005 and all costs.
PLAINTIFF v. DEFENDANT
COUNT 11- QUANTUM MERIT
27. Plaintiff herein incorporates the averments of Paragraphs 1 through 24
above as if fully set forth herein.
28. Hospital fully performed its obligations by paying for Defendant's nursing
education, paying her an enhanced rate of pay and providing her with medical benefits
over a 34 month period.
29. Hospital conferred a material benefit upon Defendant based upon her
promise to accept employment from Hospital or repay the monetary benefits advanced
to her.
30. Defendant authorized and accepted the material benefits conferred upon
her.
31. Hospital expected repayment of the material benefits if Defendant did not
accept employment from Hospital.
32. Defendant was aware Hospital expected repayment if she did not accept
employment.
33. Despite demand by Hospital for repayment of the benefits conferred,
Defendant has not paid Hospital.
34. Defendant's failure to make payment resulted in Defendant's unjust
enrichment.
35. The value of the aforesaid benefits conferred upon Defendant equals
$26,808.84.
WHEREFORE, Plaintiff, Holy Spirit Hospital of the Sisters of Christian Charity demands
judgment be entered against Defendant, Jennifer Horn formerly known as Jennifer L. Hays, in
the amount of $26,808.84, plus interest to date and all costs.
Date:
II )~ ~r-
I I
NER
:257780
VERIFICA TION
I, William Shartle, Vice President, Human Resources for Holy Spirit Hospital of the Sisters
of Charity, verify that I a m authorized to make the statements herein and that the statements
made in the foregoing Complaint are true and correct to the best of my knowledge, information
and belief. I understand that false statements made herein are subject to the penalties of 18
Pa.C.S. 94904 relating to unsworn falsification to authorities.
HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHARITY
.' to.~
By:...A )~(I~,
v William Shartle, Vice President
Dated: NOv, 15') 200~
EXHIBIT "A"
MAY-lo-IUUo WED U2:11 AM
p, 013
EDUCATIONAL LOAN AND EMPLOYMENT AGREEMENT
. .
TIllS EDUCATIONAL LOAN AND EMPLOYMENT AGREEMENT ("Agreement"), made this 3rd
day of , 200{, by and between HOLY SPIRIT HOSPITAL OF THE SISTERS OF
cmuS'IlAN CHARITY, a' Pennsylvania not-for"profit corporation, with its principal place of business at 503 North
21st Street, Camp Hill (East Pennsboro Township), C1.l1uberland Calmly, Pennsylvania, hereinafter called "Hospital" and
3~nn',fr='r ~5 . with his or her princip~l residence at
I ~()IIDIT !jhrnrln-lrr. Rd, l;-'irfl''!:JJ'(){) 21?;,;<hereinafter called "Student."
WITNESSETH:
WHEBEAS, Hospital desires to prov1de llIl educational loan to Student under lhe tenus and conditions
hereinafter provided; and
WHEREAS, Student desires to accept such educational loan and agrees to accept an employment obligation with
Hospital after graduation; and
WHEREAS, Hospit~ and Student desire to confirm their understanding in writing,
NOW, THEREFORE, inconsideration of the mutual covenant;; herein contained, each intending to be legally
bound, the parties agree as foUows:
1. Identification of School and Program. Student is enrolled at,~~rd Co, leff' Jwx:. as a full
time student and has been accepted into and wi11major in the Registered Nursing program and will be pursuing a degree
in which upon graduation will make Student eligible for examination for permanent licensure as ~ Registered Nurse.
2. Employment Obligation After Graduation. Immediately upon Studcnfs graduation fi-om the program
listed above, Hospital shall ha:ve the right to employ Student and Student is obligated to accept said employment. Student
shall have the option to serve as. Option 1 - a full-time Registered Nutlle. or as Option 2" a part"l1me Registered Nurse at
the prevailing rate of compensation and benefits fora position of comparable natm'e, unless otherwise mutually agreed by
the parties, If Student selects Option 1 Student shall petfonn such duties at such times as shall be assigned from time to
time for a period of obligated service equal to the nwnber of academic years in which the Student waa engaged in full
time coursework a6 referenced in section 4B herein, Bach year of obligated service equal to the number of academic
MAv-25-2005 WED 02:22 AM
p, 014
yeats will be equivalent to two thousand eighty (2,080) hours. If Student selects Option 2 Student shall perform such
duties at such times as shall be assigned from time to time for a period of obligated service equal to two thousand eighty
(2,080) hours for each academic year in which the Student was engaged in full time coursework as referenced in section
4B herein and may work the obligated service on a part time basis. The period of obligated service shall be calculated on
the basis of paid hours with each obligation year under both Options equal to two thousand eighty (2,080) hours for each
academic year in which the Student was engaged in fnll time coursework, effective upon employment of Student by
Hospital. These options may be mixed during the period of obligated service. however, the Student shall be obligated to
work no less than the tota! of 2,080 hours times the number of academic yeats in which the Student was engaged in full
time cOUTsework and received assistance from this program. Upon the completion of the Student's studies and attainment
of the Associates or Bachelors Degree, a calculation shall be made of the total period of obligated service for the Student.
3. Date of Graduation and Employment Availability. Student hereby certifies to Hospital that Student
will graduate on ----f'(\n~ ' 200 -':L and shall be available for employment no later than
:-:rll\~ .200~.
4. Student's Responsibilities. Student shall be responsible for the following:
A. Changes. Student shall advise Hospital, in writing, as to any change in the infOlmation set forth
in the Student's Edncational Loan Request (Appendix Il), attached hereto and made part hereof, previously
submitted by Student to Hospital. Additionally Student shall notify the Hospital, in writing, as to any change in
hislher academic status as a student which may affect the terms oftJJis Agreement.
B. Academic Status, Grades and Transedpts. Student shall maintain a full-time academic
schedule (12 or more sClO~ster credits) and shall be expected to attain in each course taken a g!"ade of'C' or better
and to maintain an .overall grade level of a 'e" or better. Student shall provide Hospital with a copy of all
academic transcripts during the loan period and any other notices regarding his or her academic status or his or
her enrolhnent status.
5. SalllJ"Y and Benefits. AIl an employee, Student shall have the opportunity to work part-time for the
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MAY-25-2005 WED 02:22 A.M
P 015
Hospital. If the Student works a regular schedule of twenty (20) hOUl'S or more per week, Student shall receive the
health, dental and vision benefits at the employee co-pay rates cunently available to full time Hospital employees.
Additionally Student shall receive compensation at the rate of 150% of the Student's cun'ent rate of pay (not to exceed
the current graduate nurse starting rate at the Hospital) while engaged in course work pursuant to this Agreement.
If Student works less than' 20 hours per week on a regularly scheduled basis, the Student shall not be eligible for
benefits. Additionally, Student shall receive compensation at the rate of 125% of student's current rate of pay (not to
exceed the current graduate nurse starting rate at Hospital) while engaged in COUTse work pursuant to this Agreement.
6. Payment of Tuition and Required Expenses. Hospital shall make payments for actual tuition and
required expenses (including, but not limited to textbooks), during each academic year on behalf of Student. For
programs granting an Associates or Bachelors degree the student will be entitled to payments to a maximum of $3,000 per
academic yesr for all academic years that the Student is engaged in full time coursework toward their respective nursing
Degree. Hospital shall make direct payment or payments to the educational institution described in Paragraph I, for the
items and in the amounts and acc'Ording to the itemized schedule as provided herein in Appendix I, attached hereto and
made part hereof. Said payment or payments shall be made by Hospital on a per academic semester basis upon receipt of
an authorized, itemized bill from the educational institution identifying the institution and Student. Said educational
institution shall be officially notified of Student's participation in the loan program and authorized to bill Hospital directly.
for the item and the amounts set forth in Appendix I for expenses to be incurred during the period of Student's loan
eligibility hereunder. If Student has made any payments for items set forth in Appendix I for expenses to be incuned
during the period of Student's 'Ioan eligibility, Student shall request to be reimbursed by the educational institution after
the educational institution has received payment for any such item from Hospital. Any cost to student for repeating COUl'se
work necessary for satisfactory completion of the Nursing program shall not be borne by Hospital, but any such expense
shall be the responsibility of Student.
7. Employment of Student. In the event that the Hospital shall exercise its right to employ Student upon
graduation as herein provided, said Student shall be an "at will" employee and shall be subject to all the terms and
conditions as any other employee of Hospital. During any period that Student is employed by Hospital, Student shall
devote his or her entire services, skills and abilities to Hospital during those scheduled hours designated by Hospital.
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8. Termination of Agl"eelllent.
A. Scholastic Deficiency. If at any time during enrollment at the designated educational institution,
Student's scholastic performance fails to satisfY the academic standards of the program in which he or she is
enrolled, Hospital shaJI have the right to withhold any future loans or payments previously made pursuant to this
Agreement. Student shall, upon demand of Hospital, repay any and all monies paid by Hospital to Student under
this Agreement together with interest at the rate set fOlth in Paragraph 8.
B. Non-Completion of COUl"se. If Student fails to satisfactorily complete the Nursing program as
herein provided, Hospital shall have the right to demand immediate repayment of all funds paid by Hospital
pursuant to tms Agreement. Student shall, upon demand of Hospital, repay any and all monies paid by Hospital
to Student under this Agreemeut, together with interest at ilie rate set forth in Paragraph 8 hereof.
C. Non-Fulfillment of Employment Obligation. If for any reason, including failure to qualify for
licensure, Student shall fail to begin or fulfill the employment obligation as herein provided, any and all monies
received by Student, or paid for Student's benefit under the terms of this Agreement, shall be repayable in full,
together with interest at the tate set forth in PaTaglllph S. Said funds shall be repaid to Hospital upon demand.
Notwithstanding the foregoing, the following shall be applicable:
(I)' If Hospital does not elect to employ Student upon his or her graduation and at the
employment availability date described above, Student shall have no obligation to repay any funds
received by Student or paid for Student's benefit under the terms of this Agreement. It is specifically
\ll1derstood by Student that Hospital is not obligated to employ Student upon graduation, but shall reserve
the privilege of doing so as herein specifically provided,
(2) If Hospital shall employ Student, Hospital specifically reServes the right to temunate
Student's employment, with or without cause, during the period of obligated employment or thereafter. If
Hospital shall ~lect to terminate Student's employment, then Student shall be obligated to repay Hospital
a promta share of the money paid to or for the benefit of Student under this Agreement together with
interest at th", herein specified rate. "Pro Rata Share" shall mean the number of hours worked by Student
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. '
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divided by 2,080 hours times the number of academic years in which the Student was engaged in fulI
time coursework and received assistance from this program.
(3) If, during Student's period of obligated employment, his or her Jicense to practice
(temporary or.permanent) as a Registered Nurse is withdrawn or suspended, the Hospital, during such
period of withdrawal or suspension, shall not be obligated to continue Student's employment In the
event that said license to practice as a Registered Nurse is reinstated, the Hospital shall have the right, at
its option, to reinstate Student as an employee. Any period in which Student's license to practice as a
Registered Nurse is withdrawn or suspended shall not be considered as part of the period of obligated
employment. The period of obligated employment shall be fulfilled as a Registered Nurse and not in any
oth.,.. capacity.
(4) It is specifically understood and agreed that, in the event that Student's employment is
terminated before completion of the employment obligation under the t=s of this Agreement, Hospital
shall hav" the tight of off-set for sums Student is required to repay Hospital lillder this Agreement,
against any sum otherwise payable by Hospital to Student.
(5) If Hospital employs Student, and Hospital, pursuant to a planned reduction in the
number of Hospital's personnel, tenninates Student without cause during Student's period of obligated
employment, Student shall have no obligation to repay any funds received by Student or paid for
Student's benefit under the !elms of this Agreement.
D. Death of Student. In the event that Student shall die prior to the completion of the period of
obligated employment, then this Agreement shall be tem:1inated and any obligations of Student to repay any ftUlda
paid or received on his or her behalf under the t=s ofthis Agreement are specificallY waived by Hospital.
E. Miscellaneous. In the event that Hospital shall Cease carrying on its present business, for any
l'ellSOn. then this Agreement shall be null and void and Student shall not be required to repay Hospital any fu.l1da
paid or received on his or her behalf pursuant to the tonns hereof.
9. Interest. Any int~est required to be paid by Student as part of the repayment ohligation of Student shall
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MAY-25-2005 WED 02:22 AM
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be at a rate equal to the Prime Rate as published in the Wall Street Journal in effect on the date on which this Agreement
WllS fully executed, and shall begin to accrue on such date,
10. Income RepOl.ting Obligation. Until such time as Student begins employment by Hospital as a
Registered Nurse, each amount paid to Student or for Student's benefit pursuant to the tenTIS and conditions of tbis
Agreement shall be deemed to be a loan. If, upon Student's graduation, Student begins employment at the Hospital, the
Hospital shall report on Form W-2, Wage and Tax Statement, as wages, the prorata amount of the payments which
Hospital has made to Student, or for Student's benefit, pursuant to the terms and conditions of this Agreement, together
with interest as herein provided, which, because Student has fulfilled a portion of Student's period of obligated
employment, Student shall not be required to repay. Hospital shall withhold on the basis of such amounts reported as
wages, the amount of all federal, state and local tllXes for which withholding by an employer is required, including, but
not limited to federal, state and local income taxes, FICA tax, and Pennsylv8Jlia Unemployment Compensation. In the
event that Student is not employed by the Hospital, but pursuant to the terms of this Agreement, or otherwise at the
Hospital's election, Student is not required to repay principal Or interest of any loan made pursUant to this Agreement, the
amount of such loan forgiveness, computed as of the date of the termination of Student's obligation to repay under the
temu; of this Agreement or pursuant to Hospital's election not to require payment, shall be reported to the Intemal
Revenue Service on Form 1099, or such .other form as may appropriate for the reporting of mcome,
11. Numbel" fOI" Reporting. Student's Social Security Number, to be used for any required reporting to the
Internal Revenue Service, is ::Z:2D - q L/ - (j; II ( IJ
12, Assignment. Student may not ElBBign all or a part of this Agreement. Hospital may assign the rights and
obligations, under this Agreement, 'in whole or in part, to any subsidiary, affiliate, Or successor ofHospita!.
13. Notice. My n~t1ce from either party to the other shall be deemed sufficiently given if such notice is in
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MAY-25-2005 WED 02:23 .~M
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writing, sent by certified mail, addressed as follows:
Hospital:
Holy SviTit Hospital
ATIN: John Mashinski, Vice President
503 North 21st S1reet
CampHiIl,PA 17011-2288
student:
-:Jenni -kJ- L. I-IO.::iS
I 'bOIl.P Ti' l.3h-nardon ~
FOirplo!::} I (nO 2/733
14. Declaration of Governing Law. This Agreement shaD be governed by and construed in accordance
with the Clurent laws and regulations of the Commonwealth of Pennsylvania, together with the Bylaws of the Hospital
and Holy Spirit Hospital's Medical Staff Bylaws, all approved ethical and professional methods, practices and standards
of the medical and physical therapy professions, the Joint Commission for Accreditation of Hospital Organizations, all
applicable Hospital policies, procedures, protocols, rules and regulations and all applicable federal regulations.
15. Entire Agreerntmt and Modification. nus Agreement constitutes the entire agreement by and between
the parties hereto. TIris Agreement may not be amended or modified, except in writing; signed by both parties hereto.
[THIS SF ACE LEFT BLANK INTENTIONALLY]
.7.
MAY-25-2005 WED 02:23 AM
, .
D. 020
IN WITNESS WlD!:REOF, the parties hereto, intending to be legally bOln1d hereby, have caused this
Agreement to be executed the day and year first above written.
Health System:
HOLY SPIRIT HOSPITAL OF THE SISTERS
OF CIIRISTIAN CHARITY
(SEAL)
ATTEST:
-bi- CtiMfLkw
(A "stan ecretary -
iil~
Student:
~f\\\l~ ~~ .~ilifJ
(SEAL)
,
-8-
~AY-25-2005 WED 02:23 AM
. .
p. 021
COMMONWEALTI-I OF PENNSYLVANIA
: SS.
COUN1Y OF
On the ,~ 200.J.., before me, the undersigned officer, personally
appeared wh acknowledged helshe to be the (Vice) President Human Resources of
Holy Spirit Ho t of the Sisters of Cluistian Charity, a not-for-profit corporation, and that he/she as such (Vice)
President, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the
name of the corporation as (Vice) President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOT~~ E"'~
P...TIltO" A. FUCr::\, N,"'''r~ Public
Harrmbur'g4 DiJ1Iv\'Jn C<wn1y, PA
My C...""lol&lcn t""".... 0<1. la, 2001
Q~ fl. duJlA-
Notary Public
My commission expires
(SEAL)
GOMMONWEALTII OF PENNSYLVANIA
"COm.'TYOF h-aft~(.~.
: 55.
On tlus the
appeared ~ 't'l.. 1..-. .
is/are subscribed to the within ins
contained.
day of ~c.L$f- . 200L before me, the undersigned officer, personally
known 0 me (or satisfactorily proven) to be the person(s) whose name(s)
umen!, and acknowledged that ~ executed the same for the purposes therein
IN WITNESS WHEREOF, I hereunto set my hand and official sea].
I)~ () fA IlIhA
Notary Public -....
My commission expires
(SEAL)
NOTARIAL SEAL
DEBRA A PARSON, Notaty Public
Chambersburg, Franklin County
My Commission Expires Nov. 21, 2004
. '.'
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000374-00000/Augu,t 1.2001fRlf\VIPPJRI43489
APPENDIX I
Hospital shall malce direct paymepts to the educational institution as referred to herein fOr the items and in the amounts
according to the itemized schedule provided below:
Name of Institlltion
Tuition/Expense Amount
Ju,L DI .J.w'J,; t- t;wio ~ 3{0 I.~'
c)d~ ~ t't.'5J
;J7/}. ro
.Payment Schedule
/qiltf/O(
'~~~'.
- J..' ~ P1+- ~<t~4.(P~ @ ".>-o/~d- w,.xJ ~
~);;J.-;:;;I-(){. v U I
- ~~ c.N-u:. if' ~~6 t~7Q.~ . l!J..e-cL /-q-o:;;"
<<Amounts/Payrnent appearing.above may be subject to interim changes as mutually agreed upon by both parties.
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000374-0001){)/AugUSl I, 2001/RHWipAR/43489
"
P, C 23
APPENDIX II
EDUCATIONAL LOAN nEQUEST
(To be compl&ed by applying Student)
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EXHIBIT tlB"
MAY-25-2005 WED 02:20 AM
p, CO 2
July I, 2002
8/hrlfol'ms/S~hol8.rshipAgreementAssocFil1Il1
EDUCATIONAL LOAN AND EMPLOYMENT AGREEMENT
r4
THIS EDUCATIONAL LOAN AND EMPLOYMENT AGREEMENT ("Agreement"), made this 2:2.
day of ~ .2005 by and between HOLY SPIRIT HOSPITAL OF THE SISTERS OF
CHRISTIAN Y, a Pennsylvama not-for-profit corporation, with Its prIncIpal place of busmess at 503 Ncrth
21st Street, Camp Hill (East Pennsboro Township), Cumberland County, Pennsylvania, hereinafter called "Hospital" and
3e.nrii'feJ L. \4Q~S . with his or her principal residence at
\\614 aec..~ AI 'E HOS~\Dr\. 'f'N\ ?l /Ll() ,hereinafter called "Student."
WITNESSETH:
WHEREAS, Hospital desires to provide an educational loan to Student under the telms and conditions
hereinafter provided; and
WHEREAS, Student desires to accept such educational loan and agrees to accept an employment obligation with'
Hospital after graduation; alld
WHEREAS, Hospital and Student desire to confirm their understanding in writing.
NOW, THEREFORE, in consideration of the mutnal covenants herein contained, each intending to be legally
bound, the parties agree as follows:
1. Identification of School and Program. Student is enrolled at~f' rr\ CD \ I~(" as a full
time student and has been accepted into and will major in the Registered Nursing program and will be pursuing a degree
in which upon graduation will make Student eligible for examination for pel1l1anent licensure as a Registered Nurse.
2. Employment Obligation Aftel' Graduation. Immediately upon Student's graduatioll from the program
listed above, Hospital shall have the right to employ Student and Student is obligated to accept said employment Studeot
shall have the option to serve as, Option 1 - a full-time Registered Nurse, or as Option 2 - a part-time Registered Nurse at
,the pl'evailing rate of compensation and benefits for a position of comparable nature, unless otherwise mutually agreed by
the parties. If Studeot selects Option 1 Student shall perform such duties at such times as shall be assigned from time to
MAY-25-2005 WED 02:20 AM
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000374-00000/July I. 2002/RHWIPAR/43489
tune for a period of obligated service equal to the number of academic years in which the Student was eugaged in full
time coursework as referenced in section 4B herein. Each year of obligated service equal to the number of academic
years will be equivalent to two thousand eighty (2,080) hours. If Student selects Option 2 Student shall perform such
duties at such times as shall be assigned from time to time for a period of obligated service equal to two thousand eighty
(2,080) hours fur each academic year in which the Student was engaged in full time coursework as referenced in section
4B herein and may work the obligated service on a part time basis. The period of obligated service shall be calculated on
the basis of paid hours with each obligation year under both Options equal to two thousand eighty (2,080) hours for each
academic yeal' in which the Student was engaged in full time coursework, effective npon employment of Student by
HospitaL These options may be mixed during the p..riod of obligat..d service, howev..r, the Student shall be obligated to
work no less than the total of 2,080 hours times the number of academic years in which the Student was engaged in full
time cow'sework alld received assistance from this program. Upon the completion of the Student's studies and attainment
of the Associates or :Bachelors Degree, a calculation shall be made of tile total p..riod of obligated service for the Student.
3. Date of Graduation and Employment Availability. Student hereby certifies to Hospital that Student
will graduate on \f\~ ' 200~ and shall be available for employment no later than
()c-TI\\::)eJ' ,200~.
4. Student's Responsibiliti..s. Student shan be responsible for the following:
A. Cbanges.. Student shan advise Hospital, in writing, as to any change in the infonnation set forth
in the Student's Educational LOal1. Request (Appendix II), attached hereto and made part hereof, previously
submitted by StUdent to Hospital. Additionally Student shall notify the Hospital, in writing, as to any change in
his/her academic status as a student which may affect the terms of this Agreement.
B. Academic Status, Grades llnd Transcripts. Student shall maintain a full"time academic
schedule (12 or lUore semester credits) al1d shall beexpeated to attain in each course taklO11 a grade of'C' or better
and to maintain an overall g!'ade level of a 'C" or better. Student shall provide Hospital with a copy of all
academic transcripts during the 10al1 period and any other notices regarding his or her acad..mic status or his or
her enl'Ollmel1t status.
-2-
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00037~-OOOOOIJUly 1. 2OWJR}lWIPARI43489
5. Salary and Benefits. As an employee, Student shall have the opportunity to work part-time for the
Hospital. If the Student works a regular ~chedule of tweltty (20) hours or more per week, Student shall receive the
health, dental and vision benefits at the employee co-pay rates currently available to full time Hospital employees.
Additionally Student shall receive compensation at the rate of 150% of the Student's current rate of pay (not to exceed
tbe CUlTent graduate nurse starting rate at the Hospital) while engaged in course work pursuant to this Agreement.
If Student works less than 20 hours per week on a regularly scheduled basis, the Student shall not be eligible for
benefits. Additionally, Student shall receive compensation at tbe rate of 125% of student's current rate of pay (not to
exceed the current graduate nurse sta>ting rate at Hospital) while engaged in course work purSUallt to this Agreement.
6. Payment of Tuition aud Required Expenses. Hospital snail make payments for actual tuition and
required expenses (including, but not limited to textbooks), duting each academic year on behalf of Student. For
programs granting an Associates or Bachelors degree the student will be entitled to payments to a maximum of $3,000 per
academic year for all academic years that the Student is engaged in full time coursework toward their respective nursing
Degree. Hospital shall make direct payment or payments to the educational institution described in Paragraph 1, for the
items and in the amollllts and according to the itemized sohedule as provided herein in Appendix I, attached hereto and
made part hereof. Said payment or payments shall be made by Hospital on a per academic semester basis upon receipt of
an authorized, itemized bill from the educational institution identifying the institution and Student. Said educational
institution shall be officially notified of Studenfs participation in the loan program and authorized to bill Hospital directly
for the item and the amounts set forth in Appendix I for expenses to be lllcurred during the period of Student's loan
eligibility hereunder. If Student has made any payments for items set faIth in Appendix I for expenses to be iJ)curred
during the period of Student's loan eligibility, Student shall request to be reinlbursed by the educational institution after
the educational institution has received payment for any such item from Hospital. Any cost to student for repeating course
work necessary for satisfactory completion of the Nursing progl'llID shall not be borne by Hospital, but any such expense
shall be the responsibility of Student.
7. Employment of Student. In the event that the Hospital shall exercise its right to employ Student upon
graduation as herein provided, said Student shall be an "at will" employee and shall be subject to all the terms alld
conditions as any other employee of Hospital. Dul'ing any period that Student is employed by Hospital, Student shaIJ
-3-
MAY-25-2005 WED 02:21 AM
P CDS
00037'f-OOOOOIJuly I, 2002IRHWIPAAl43489
devote his or her entire services, skills and abilities to Hospital during those scheduled hours designated by Hospital.
8. Tel'/Dinatlon of Agl'eement
A. Scholastic Deficiency. If at any time during enrollment at the designated educational institution,
Student's scholastic performance fails to satisfy the academic standards of the program in which he or she is
enrolled, Hospital shall have the rigbt to withhold any future loans or payments previously made pursuant to this
Agreement. Studellt shall, upon demand of Hospital, repay any and all monies paid by Hospital to Student under
tliis Agreement together with interest at the rate set forth in Paragraph 8.
B. Non-Completion of COUl'Se. If Student fails to satisfactodly complete the Nursing program as
herein provided, Hospital shall have the right to demand immediate repayment of all funds paid by Hospital
pursuant to this Agreement. Student shall, upon demand of Hospital, repay any and all monies paid by Hospital
to Student under this Agreement, together with interest at the rate set forth in Paragraph 8 hereof.
c. Non-Fulfillment of Employment Obligation, IHor any reason, including failure to qualifY for
licensure, Student shall fail to begin or fulfill the employment obligation as herein provided, any.and ali monies
received by Student, or paid for Student's benefit under the terms of this Agreement, shall be repayable in full,
together with interest at the I'ata set forth in Paragraph 8. Said funds shall be repaid to Hospital upon demand.
Notwithstanding the foregoing, the following shall be applicable:
(1) If Hospital does not elect to employ Student upon his .0, her graduation and at the
employment availability date described above, Student shall have nO obligation to repay auy funds
received by Student or paid for Student's benefit under the terms of this Agreement. It is specificaHy
understood by Student that Hospital is not obligated to employ Student upon graduation, but shall reserve
the privilege of doing so as herein specifically provided.
(2) If Hospital shall employ Student, Hospital specifically reserves the right to temlinate
Student's employment, with or without cause, during the period of obligated employment or thereafter. If
Hospital shall elect to terminate Student's employment, then Student shall be obligated to repay Hospital
-4-
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, 000374-00000/July 1. 2002iRHWIPAR/43489
a p;'orata share of the money paid to or for the benefit of Student under this Agreement together with
interest at the herein specified rate. "Pro RIlta Share" shall mean the number of hours worked by Stlldent
divided by 2,080 hours times the number of academic years in which the Student was engaged in full
time coursework aod received assistance f!"Om this program.
(3) If, during Student's period of obligated employment, his or he,' license to praotice
(temporalY 0" permanent) as a Registered Nurse is withdrawn or suspended, the Hospital, during such
period of withdrawal or suspension. sha11not be obligated to continue Student's employment. In the
event that said license to practice as a Registered Nurse is reinstated, the Hospital shall have the right, at
its option, to reinstate Student as an employee. Any period in which Studenfs license to practice as a
Registered Ntu'se is withdrawn or suspended shall not be considered as part of tile period of obligated
employment. The pedod of obligated employment shall be fulfilled as a Registered Nurse and not in allY
other capacity.
(4) It is specifioally lll1derstood and agreed that, in the event that Student's employment is
telminated before completion of the employment obligation under the terms of this Agreement, Hospital
shall have the right cf off-set for SUmS Student is required to repay Hospital under this Agreement,
against allY sum otherwise payable by Hospital to Student.
(5) If Hospital employs Student, and Hospital, pursuant to a plllnned reduotion in the
number of Hospital's personnel, tenninates Student without cause during Student's period of obligated
employment, Student shall have no obligation to repay any fhnds received by Student or paid for
Student's benefit under the terms of this Agreement.
D. Deatb of Student. 1n1:l1e event that Student shall die prior to the completion of the period of
obligated employment, then this Agreement shall be tenninated and any obligations of Student to repay any funds
paid Or received on his or her behalf under the terms of this Agreement are specifically waived by Hospital.
E. l\1isceIlaneous. In the event that Hospital shall cease canying on its present business, for any
reason, then this Agreement shall be null and void and SUldent shall not be required to repay Hospital any funds
-5-
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, 000374-OOOOO/July 1, 2002IRHWIPAR/43489
paid or received on his or her behalf purSUl!l1t to the terms hereof.
9. Interest. Any interest required to be paid by Student as part of the repayment obligation of Student shall
be at a rate equal to the Prime Rate as published in the WaIl Street Journal in effect on the date on which this Agreement
was fully executed, and shall begin to accrue on such date.
10. Income Reporting Obligation. Until such time as Student begins employment by Hospital as a
Registered Nurse, each amount paid to Student or for Student's benefit pursuant to the terms and conditions of this
Agreement shall be deemed to be a loan. If, upon Student's graduation, Student begins employmel1t at the Hospital, the
Hospital shall report on Form W-'2, Wage and Tax Statement, as wages, the prol'ata amount of the payments which
Hospital has made to Student, or for Student's benefit, pursuant to the terms and conditions of this Agreemellt, together
with interest as herein provided, which, because Student has fulfilled a portion of Student's period of obligated
employment, Student shall not be required to repay, Hospital shall withhold On the basis of such amounts reported as
wages, the amount of all federal, state and local tax.es for which withholding by all employer is required, including, but
not limited to federal, state and local inconle taxes, FICA tax, and Pennsylvania Unemployment Compensation. In the
event that Student is not employed by the Hospital, but pursuant to the tenns of this Agreement, or otherwise at the
Hospital's election, Student is not required to repay principal or. illterest of any loan made pursuant to this Agreement, the
amount of such 10lUl forgiveness, computed as of the date of the temlhlation of Student's obligation to repay under the
tenus of this Agreement or pursuant to Hospital's election not to require payment, shall be reported to the Internal
Revenue Service on Form 1099, Or such other form as may appropriate for the reporting of income.
11. Nnmber fo,. Repom.l'g. Student's SOcial Security Number, to be used for any required reporting to the
Internal Revenue Service, is 22..() - q 4 '"l D I , ("
12. Assignment. Student may not assign all or a part of this Agreement Hospital may assign the rights and
obligations, under this Agreement, in whole or in part, to any subsidiary, affiliate, or successor of Hospital.
-6-
MAY-25-2005 WED 02:21 AM
p. 008
, 0OO374-OO<lOO/luly 1, lOO21Rl-IWIPAR143489
13. Notice. Any notice from either party to the other shall be deemed sufficiently given if such notice is in
writing, sent by certified mail, addressed as follows:
Hospital: .
Holy Spirit Hospital
A'ITN: John MashhlSki, Vice President
503 North 21st Street
Camp HilI, PA 17011-2288
"Tenf'\"\'fer L. NQ~S
1101'-1 Dec.\('el A\)eC"l~
Hq:jer-Sl-oLdl, mD ~1....,LjO
14. Declaration of Governing Law. This Agreement shall be governed by and construed in accordance
with the current laws and regulations ohlle CommOl;wea1th of Pennsylvania, together with the Bylaws of the Hospital
and Holy Spirit Hospital's Medical Staff Bylaws, all approved ethical and professional methods, practices and standards
of the medical and physical therapy professions, the Joint COlmnission for Accreditation of Hospital Organizations, all
applicable Hospital policies, procedures, protocols, rules and regulations and all applicable federal regulations.
Student:
15. Entire Agreement and Modification. This Agreement constitutes the entire agreement by and between
the parties hereto. This Agreement may not be amended or modified, except in writing, signed by both parties hereto.
[THIS SPACE LEFT BLANK INTENTIONALLY]
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p, C09
, 0OO374.00000/July I, 200l/RHWIPARl43489
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have caused this
Agl'eement to be executed the day and year first above written,
Health System:
HOLY SPDU'I' HOSPITAL OF 'l'HE SISl'ERS
OF CHlUSTIAN CHARITY
~r2 LL~L)
j Presi nt, Hum~l'OOS
A TrEST:
~
(Assistanti ecretary
WITNESS;
Student
~tlJ -->
~J k-\0-L\0
(SEAL)
-8-
MA Y - 2 \ - 2UU \ WE 0 02: 21 AM
0, C i 0
OOD374-00000/July ), 2002IRHW IP AR/43489
COMMONWEALTH OF PENNSYL V ANlA
COUNTY OF CYM'\:x..Y'\.~
: SS.
01\. the ~ 0 ~ day of 200~, before me, the undersigned officer, personally
appeared. '>0 \... 'Y\.\A.,'" hll'\6.k..; ,who ac owledged he/she to be the (Vice) President Human Resources of
Holy Spirit Hospital of the Sisters of Christian arity, a not-fol"profit corporation, and that he/she as such (Vice)
P,'esident, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the
name of the corporation as (Vice) President.
IN WITNESS WHEREOF, I hereunto set iny hand and official seal.
C:'tiR^.:--.~ 0j~}~
N~'Y!J1blic
~mission expires
(SEAL)
"Notarial Seal
Cynthia J. Mcelw.., NotHry Publlo
LOndonclerry 'lWp.. Dauphin County
My Commlaalon EXpI...... Jun. 5, 2003
Memller, Pennsylvania AoooclaUcn cf Nota.I..
COMMONWEALTH OF PENNSYL V ANlA
: ss.
COUNTY OF
On this the 6-~ day of ~ ...~~ , 200 ~, before me, the undersigned officer, personally
appeared ~~~} l ~(\ , ~ ,kll 1 tollme (or satisfactorily proven) to be the person(s) whose name(s)
is/are subsc ibed to Ie within in trument, and acknowledged that ~ executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
'As).\\r::..~ Th- "t\l.'\.0>_\_,'~
Notary Public Ili' ",
My commission exp IIOWIW._ ,
(SEAL) -..- '
--..~
HIlLIOlCI.Ort .-m ~CCUMJY
.... c..... . , llq:*w I\llI' 24 2lXI3
-9-
MAY-25-2005 WED 02:21 AM
, 000374-00000/July I. 2OO21RHW/PAR/43489
APPENDIX I
p, 011
Hospital shall make direct payments to the educational institution as referred to herein for the items and in the amounts
accordhlg to the itemized schedule provided below:
Name ofInstitution
TuitionlEl'nense Amonnt
~
$'Znz ,60 \~ '02-
'Spnrc> '03 ~2.0.DO
r-oJJ.. 03 .$ 3,000
SP(I V\f) o\.{ 5 0
S('\tf ~nl UUe~0
Shepherd Co11eee
5~ fA(te.y
.Payment Schedule
1 13i1 02.
1/17/03
1'7/ ;Xif!03
· Amounts/Payment appearing above may be subject to interim changes as mutually agreed upon by both parties,
-10-
MAY-25-2005 WED 02:21 AM
. ~OO374-00000/JU1Y 1. 2OO'2.IREW/PARl43489
P 012
APPENDIX n
EDUCATIONAL LOAN REQUESr
(To be completed by npplylng Student)
-11-
EXHIBIT "c"
MAv-28-2005 SAT 03: 16 AM
p. 006
January 14, 200S
Jennifer Horn
11 0 Miller Drive
Fayetteville, P A. 17222
~HOLY
sPJm
Dear Jennifer:
Per your decline of our employment offer as a Registered Nurse dated January 7, r am contacting you
in reguds to monies owed for the non-fulfillment of your Educational Loan and Employment
Agreement you signed on A.ugust 3, 2001 with Holy Spirit Health System. Holy Spirit is requesting .
this payment in full in the amount of $18,714.56.
Educational monies were paid on your behaifby Holy Spirit Health System as outlined below:
Fal1Z001 Check Date 10/18/01 $361-00
Less repayment $361.00
Fal1200Z Check Date 7/31/02 $2,172.00
Spring 2003 Check Date 1/17/03 $720.00
Fall 2003 Check Date 7/28/03 $3,000.00
Spring 2004 Used maximum for 12 months $0.00
Enhanced Rate of Pay:
(8/26/01-11/04/01)
(8/30/02 - 5123/03)
(9/12103 - 5/9/04)
$12,511.66
Interest Charged:
~o
$256.66
$18, I 53 .00'
$561.56
Less repayment
Total:
$18,714.56
TOTAL DUE:
Roly Spirit Health System reserves the right to exhaust any' and all meanS to accomplish the
repayment. If you fail to repay said monies within 30 days, your file may be turned over to a
collection agency and will adversely affect your credit report.
Please contact me regarding your obligations of repayment or with any questions you may have at
717-763-2145. My office hours are Monday through. Friday from 8:00 a.m. to 4:30 p.rn. You may
also lIlllil your payment fOT the above referenced amount to the address below:
Holy Spirit Health System
Attn' Human ResourceslMichelle Roswog
503 North 21" Street
Camp Hill, PA 17011
HR Program sPT'~pirit of Caring
503 Nmth 21.t Street. Camp Hi\l, PA 1701l-22BB
(717) 763.2100
~
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Johnson. Duffie, Stewart & Weidner
By: David W. Deluce, Esquire
I.D. No. 41687
301 Market Street
P. O. Box 109
lemoyne, Pennsylvania 17043-0109
(717) 761-4540
dwd@jdsw.com
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHARITY,
Plaintiff
v.
JENNIFER HORN flk/a
JENNIFER L HAYS,
Defendant
Attorneys for Holy Spirit Hospital of the
Sisters of Charity
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil ACTION - LAW
NO. 05-5946
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Please reinstate Plaintiff's Complaint in the above-captioned matter
DATE: December 20,2005
:265160
avid W. Del e, E quire
Attorney I.D No. 41687
Elizabeth D. Snover, Esquire
Attorney I.D. No. 200997
301 Market Street
P.O. Box 109
lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Plaintiff
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9
SHERIFF'S RETURN ~ OUT OF COUNTY
CASE NO: 2005~05946 P
COMMONWEALTH OF PENNSYLVANIA:
~OUNTY OF CUMBERLAND
HOLY SPIRIT HOSPITAL OF SISTER
VS
HORN JENNIFER ET AL
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
I to wit:
HORN JENNIFER F/K/A JENNIFER L HAYS
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of ADAMS
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On January
9th , 2006 , this office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Adams County
Postage
So answe!"s :..~
,
18.00
9.00
10.00
20.00
1. 75
58.75
01/09/2006
JOHNSON DUFFIE
. ..
. ~~~~:;.;-?;::>-~
R. Thomas Kline
Sheriff of Cumberland
County
STEWART WEIDNER
Sworn and subscribed to before me
this
/-,
"-' . I
/1- day of \...~<~
f 7
J"f~~y
In The Court of Common Pleas of Cumberland County, Pennsylvania
Holy Spirit Hospital of the Sisters of Charity
VS.
Jennifer Horn f/k/a Jennifer L. Hays
No.
05-5946 civil
Now,
December 27. 2005
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of Adams
County to execute this Writ, this
deputation being made at the request and risk ofthe Plaintiff.
~~ea:<~~
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
, 20_, at
0' clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made known to
the contents thereof.
So answers,
Sheriff of
County, P A
Sworn and subscribed before
me this _ day of ,20_
COSTS
SERVICE
M.ILEAGE
AFFIDAVIT
$
$
DATE RE.CEIVED
DATE PROCESSED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF' on the reverse of the last (No.5) copy of this form. Please
type or print legiblV. insuring readability of all copies.
Do not detach any copies. ACSD ENV.#
1. PLAINTIFF/Sf
HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHARITY
3. DEFENDANT/SI 4. TYPE OF WRIT OR COMPLAINT:
JENNIFER HORN f/k/a JENNIFER L. HAYS Com laint in Civil Action
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC" TO SERVICE OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED OR SOLD.
~ Jennifer Horn f/k/a Jennifer L. Hays
6. ADDRESS (Street or AFO. Apartmenl No., City, Bora, Twp., State and ZIP CODe)
2. COURT NUMBER
05-5946 Civil
AT
147 Gettys Street, Gettysburg, PA 17325
7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE [J DEPUTIZE 0 CEAT. MAIL 0 REGISTERED MAllO POSTED 0 OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This deputation being
made at the request and risk of the plaintiff.
8. SPECIALIN$TRUCTlONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
SHERIFF OF ADAMS COUNTY
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheri" levying upon or aUaching any property under within writ may leave
same without a watchman, in custody of whomever is found in possession, after notifying person of levy or aUachment, without liability on the part of such deputy or the sheri" to
any plaintiff herein for any loss, destruction or rer.1oval of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of:
XI PLAINTIFF
o DEFENDANT
10. TELEPHONE NUMBER
11. DATE
David W. DeLuce, Esq.
SPACE BELOW FOR USE OF SHERIFF ONLY
(717) 761-4540
DO NOT WRITE BELOW THIS LINE
12 I acknowledge receipt 01 the writ
or complaint as indicated above.
SIGNATURE of Authorized ACSO Deputy or Clerk and Tille
13. Date Received
12-29-05
14. Expiration / tDDffI.date
JAN. 19, 2006
15. I hereby CERTIFY and RETURN that I B. have personally served, == have served person in charge, D have legal evidence 01 service as shown in "Remarks" (on reverse)
~~J have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the
individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED copy therof.
16. :l 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above.
17. Name and title of individual served
Jennifer Horn now known as Jennifer McNew
(See remarks below)
19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp.,
Stale and ZIP CODE)
Tbe Gettysburg Hospital, Emergency Room, Triage Unit
18. A person of suitable age and discretion
then reSiding In the defend anI's usual
place of abode. 0
20. Date of Service 21. Time
Read Order
o
12/29/05
4:16PM
25.
Mites Dep.lnl.
Dep,lnl.
22. ATTEMPTS
Dep.ln.. 08le
20.00 Pd. 1/6/06
28_~Xlll REFUND
130.00 Ck. #13942
AFFIRMED and subscribed to before me this
NA
ANSWER.
ProthonotarylDeputyh4otary Public
r ByJElJiNlJQ Dep. ~ (PIeue Print or Type)
John M. Bush
Slgnature of ShoriIt
RAYMOND W. NEWMAN
Date
12/29/2005
day of
Date
12/29/2005
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
SHERIFF OF ADAMS COUNTY
39. Date Received
PROTHONOTARY
SHERIFF'S RETURN OF SERVICE
( 1 ) The within
upon
defendant by mailing to
by ___..
prepaid,
a true and attested copy thereof at
the within named
mail, return receipt requested, postage
on the
~-_._-----_..~...._.._~._~~
The return receipt signed by
defendant on the is hereto attached and
made a part of this return.
(2) Outside the Commonwealth, pursuant to Pa. R.C.P.405 (c) i1l (2), by mailing a true
and attested copy thereof at ______
in the following manner:
) (al w the defendant by { ) registered l certified mail. return receipt requested
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, buf with a notaflon by the Postal Authonlies
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made a part of this return.
And thereafter:
) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the
_________.~.__.__.._..._.__u _ ____..__..._...________ __ .__.._. ___,...__ ____
I further certify that after fifteen (15) days from the mailing date. I have not received
said envelope back from the Postal Authorities. A certificate 01 mailing ,s hereto attached as a
proof of mailing.
( 3) By publication in the Adams County Legal Journal, a weekly publication 01 general Circulation in
the County of Adams. Commonwealth of Pennsylvania. and the Gellysburg Times. a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvanla and having general
circulation in said County lor
successive weeks of
lrom said Adams County Legal Journal and Gellysburg
part of this return.
( 4) By mailing to... _________ ____~__~
The Affidavits
are hereto attaChed and made
._. mail, return receipt requested. postage prepaid.
on the
a true and attested copy thereof at
The ~ _ ~..__ _ _____
Authorities marked
is hereto attached.
Other
returned by the Postal
(5 )
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,
SMIGEL, ANDERSON & SACKS, L.L.P.
River Chase Oflice Center
4431 North Front Street, yd Floor
Harrisburg, PAl 711 0-1778
(717) 234-2401
Richard C. Gaffney, Jr., MBA, Esquire
rgqJTot::Y.@.::i.\!:.::i.J.1.P.:.!:9OJ
Attorneys for Defendant
HOLY SPIRIT HOSPITAL OF THE
i SISTERS OF CHARITY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. 05-5946
JENNIFER HORN flk/a JENNIFER L.
HAYS,
CIVIL ACTION - LAW
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned as counsel for Defendant, Jennifer
McNew a/k/a Jennifer Hom flk/a Jennifer L. Hays in the above-captioned action.
Respectfully,
SMIGEL, ANDERSON, & SACKS, LLP
Date: ~..."'''_ ~o zoeC,
\ .
By:
Richard C. Gaffne
LD. # 63313
River Chase Office Center
4431 North Front Street, 3rd Floor
Harrisburg, P A 17110
Attorneys for Defendant
-
.
CERTIFICATE OF SERVICE
I, Richard C. Gaffney, Jr., MBA, Esquire, attorney for Defendant in the above-captioned
matter, do hereby certify that I served a true and correct copy of Entry of Appearance on counsel
for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the 30th day of
January, 2006, addressed as follows:
David W. DeLuce, Esquire
Johnson Duffie
301 Market Street
P.O. Box 109
Lemoyne, P A 17043
SMIGEL, ANDERSON & SACKS
By:::T2~ALtS:~
Richard C. Gaffuey, ., BA, EsqUIre
LD. # 63313
River Chase Office Center
4431 North Front Street, 3'd Floor
Harrisburg, PA 17110
AttomeysfurDerendant
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SMIGEL, ANDERSON & SACKS, L.L.P.
River Chase Office Center
4431 North Front Street, 3'd Floor
Harrisburg, PA 17110-1778
(717) 234-2401
Richard C. Gaffney, Jr., MBA. Esquire
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Attorneys for Defendant
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHARITY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
DOCKET NO. 05-5946
JENNIFER HORN f/kJa JENNIFER L.
HAYS,
CIVIL ACTION - LAW
Defendant
PRELIMINARY OBJECTIONS OF DEFENDANT
TO PLAINTIFF'S COMPLAINT
AND NOW, COMES Defendant JENNIFER HORN f/kJa JENNIFER L. HAYS, by and
through her attorneys, SMIGEL, ANDERSON & SACKS, LLP, and files the within Preliminary
Objections to Plaintiffs' Complaint, as folIows:
I. Introduction
1. Plaintiff in this matter, Holy Spirit Hospital of the Sisters of Charity, is a not-for-
profit corporation with a principal place of business in Cumberland County, Pennsylvania.
2. Defendant in this action, Jennifer Horn f/kJa Jennifer L. Hays, now known as
Jennifer McNew, resides in Franklin County, Pennsylvania.
3. On November 16, 2005, Plaintiff commenced this action by filing a Complaint to
the above-referenced docket and term.
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4. On December 20,2005, Plaintiffs Complaint was received at the Office of the
Sheriff of Cumberland County, who was unable to effect service of the Complaint on Defendant
within thirty (30) days of its filing.
5. On December 20,2005, Plaintiff reinstated the Complaint.
6. On December 29, 2005, Plaintiff effected service of the reinstated Complaint on
Defendant by the Sheriff of and for Adams County.
7. Plaintiffs' reinstated Complaint contains one count for alleged breach of written
contract and one count styled, "quantum merit."
8. Plaintiffs Complaint attached as Exhibit "A," an "Educational Loan and
Employment Agreement" dated August 3, 2001 (hereinafter referred to as the "2001
Agreement").
9. Plaintiffs Complaint attached as Exhibit "B," an "Educational Loan and
Employment Agreement" dated July 22,2002 (hereinafter referred to as the "2002 Agreement").
10. Plaintiffs Complaint avers, these "agreements gave the Defendant, an aspiring
nurse, educational loans and employment with enhanced rate of pay and medical benefits at
Hospital." Complaint at S 4.
11. Plaintiffs Complaint avers that Defendant supplied consideration to Plaintiffin
the form of the "right to employ the Defendant upon her graduation from... a school of nursing,
in May of 2004." Complaint at S 5.
12. Plaintiffs Complaint avers that both of "the Agreements further conditions (sic)
that ifthe Hospital does not elect to employ the Defendant upon her graduation before October
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I 2004, the Defendant shall have no obligation to repay any funds received by her under the terms
I of the Agreement." Complaint at S 11.
13. Plaintiffs Complaint avers, "if the Hospital offers the Defendant employment and
she refuses, Hospital will be entitled to repayment of any monies paid for the Defendant's benefit
under the Agreements." Complaint at S 12.
14. Plaintiffs Complaint avers that, following Defendant's "graduation in May 2004,
the Hospital made several attempts to employ her before October 2004," Complaint at S 13;
including "numerous efforts to try and find hours and a position" for Defendant, Complaint at S
14; and "at least three (3) meetings with Defendant regarding her future employment with the
Hospital, with meetings taking place in September 2004 and October 2004,". Complaint at S 15.
15. Plaintiffs Complaint avers, "Hospital continued to make attempts to
accommodate the Defendant throughout October and November 2004 but Defendant refused to
accept any employment options proposed." Complaint at S 18.
16. Plaintiffs Complaint avers, "Hospital mailed a written offer of employment to the
Defendant with a start date of January 2005 which the Defendant refused to accept." Complaint
at S 19.
17. Plaintiffs Complaint avers, "On January 14, 2005, Hospital sent a demand letter
seeking repayment" of a dollar amount that is contained on a copy of a letter that is attached to
the Complaint as Exhibit "C" (the "Demand Letter"). Complaint at S 20.
18. Plaintiffs Complaint does not aver that Plaintiff made an offer to employ the
Defendant upon her graduation before October 2004.
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19. The 2001 Agreement, attached to the Complaint as Exhibit "A," documents at
"Appendix I" that Plaintiff (a) made a direct payment of $361.00 to "Hagerstown C.C." on
account of Defendant's "Fall 01 tuition, books, fees," (b) received a "credit" in the amount of
$88.50, and (c) received Defendant's repayment of the balance of$272.50 on January 9,2002
(emphasis supplied).
20. The 2002 Agreement provides, "[t]his Agreement constitutes the entire agreement
by and between the parties hereto." Exhibit B to Complaint at p. 7; 2002 Agreement at ~ 15,
II. Defendant's Preliminary Objection to Count I of Plaintifrs Complaint:
Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(4)
(Lel!al Insufficiencv of a Pleadinl! - Demurrer)
21. Defendant hereby incorporates by reference thereto the averments contained in
paragraphs 1 through 20 of Defendant's Preliminary Objections to Plaintiffs Complaint, as
though they were set forth at length herein.
22. Count I of Plaintiffs reinstated Complaint purports to state a claim for breach of
contract.
23. Defendant objects to Count I on the ground that it fails to state a claim against
Defendant upon which relief can be granted.
24. Plaintiffs Complaint avers that both ofthe Agreements contain the "conditions
that ifthe Hospital does not elect to employ the Defendant upon her graduation before October
2004. the Defendant shall have no obligation to repay any funds received by her under the terms
of the Agreement." Complaint at S 11 (emphasis supplied).
25. Plaintiffs Complaint therefore avers that both of the Agreements contain a
condition precedent to Defendant's obligation to repay any funds.
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26. In order to state a claim for breach of a written contract that contains an express
condition precedent, plaintiff must plead that the condition precedent was fulfilled.
27. Plaintiffs Complaint does not aver that Plaintiff made an offer of employment to
Defendant prior to October 2004.
28. Plaintiffs Complaint therefore fails to plead fulfillment of the condition precedent
to Defendant's obligation to repay monies allegedly advanced to her by Plaintiff.
29. Plaintiffs Complaint acknowledges that Plaintiff appreciates the difference
between a bona jide offer of employment and mere discussions, efforts and meetings concerning
prospective employment, because Plaintiffs Complaint avers that Plaintiff"mailed a written
offer of employment to the Defendant with a start date of January 2005 which the Defendant
refused to accept." Complaint at S 19.
30. Plaintiffs Complaint does not ayerthat Plaintiff made Defendant a bonajide
offer of employment prior to October 2004.
31. Plaintiffs Complaint is facially deficient as to averment needed to sate a legal
claim against Defendant for breach of contract.
32. Plaintiffs Complaint is therefore legally deficient, in that it fails to plead an
essential element of a claim upon which relief can be granted, to wit: satisfaction of the
condition precedent to the obligation.
WHEREFORE, Defendant respectfully requests that the Court dismiss Count Iof
Plaintiffs reinstated Complaint.
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II. Defendant's Preliminary Objection to Plaintifrs Complaint
Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(2)
(Failure of a Pleadinl! to Conform to Law or Rule of Court)
33.
Defendant hereby incorporates by reference thereto the averments contained in
paragraphs 1 through 32 of Defendant's Preliminary Objections to Plaintiffs Complaint, as
though they were set forth at length herein.
34. Pennsylvania Rule of Civil Procedure 1028(a)(2) provides that preliminary
objections may be filed on the basis of "failure of a pleading to conform to law or rule of court or
inclusion of scandalous or impertinent matter." P A.R.Clv.P 1028(A)(2).
35. The Complaint in this case includes impertinent matter, in that it avers facts that
are immaterial and irrelevant to the claims alleged.
36. The Complaint chronicles Plaintiffs purported "meetings," "efforts,"
accommodations and "attempts" to employ Defendant prior to and after the October 2004
contingent date, without ever averring that Plaintiff made an actual offer of employment to
Defendant prior to October 2004. See, Complaint at ~~ 13, 14, 15, 18, 19.
37. Plaintiffs purported "meetings," "efforts," accommodations and "attempts" to
employ Defendant are irrelevant to the breach of contract cause of action plead in the Complaint.
38. Plaintiffs Complaint therefore contains "impertinent matter" and the offending
paragraphs should be stricken under P A.R.Clv.P 1028(A)(2).
39. Pennsylvania Rule of Civil Procedure 1019(a) proyides that "[t]he material facts
on which a cause of action or defense is based shall be stated in a concise and summary form. "
PA.R.CIV.P. 1019(a) (emphasis added).
II
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40. The Complaint in this case is neither limited to "material facts" nor stated in
"concise and summary form."
41. Rather, the Complaint contains internally inconsistent, vague, and ambiguous
averments (compare paragraphs 5, 7, 8 and 9).
42. Plaintiffs Complaint refers, at times to the 2001 Agreement, at times to the 2002
Agreement, at times to both agreements, and at other times to the Demand Letter.
43. It is therefore not clear whether Plaintiff is alleging that Defendant breached the
2001 Agreement, the 2002 Agreement, both Agreements, or simply failed to respond to
Plaintiffs Demand Letter.
44. Defendant is prejudiced by Plaintiffs' breach of the pleading rules. Responding to
each possible interpretation of Plaintiffs vague and ambiguous pleading would impose an undue
burden on Defendant.
45. The material facts on which Plaintiffs cause of action is based shall is therefore
not pleaded in concise and summary form, and the offending paragraphs should be stricken for
failing to conform to a rule oflaw (PA.R.CIv.P 1019) under the authority OfPA,R.CIV.P
1028(a)(2).
46. Pennsylvania Rule of Civil Procedure 1019(h) provides "when any claim or
defense is based upon an agreement, the pleading shall specifically state ifthe agreement is oral
or written." PA.R.CIV.P.I019(h).
47. Plaintiffs Complaint, while averring the existence of the 2001 Agreement, the
2002 Agreement and the Demand Letter, does not specifically state ifthe agreement is oral or
written.
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48. Plaintiffs Complaint should therefore be dismissed for failing to conform to a
rule of law (PA.R.ClV.P 1019) under the authority ofPA.R.Clv.P 1028(a)(2), or, in the
alternative, Plaintiff should be compelled to specifically state if the agreement is oral or written.
WHEREFORE, Defendant respectfully moves this Honorable Court to dismiss
Plaintiffs reinstated Complaint or, in the alternative, strike off paragraphs 5, 8, 9,13,14,15,18,
19 and amend its Complaint to specifically state if the agreement is oral or written or, in the
second alternative, order Plaintiffto amend its reinstated Complaint to conform to
Pennsylvania's rules of pleading and amend its Complaint to specifically state if the agreement is
oral or written.
II. Defendant's Preliminary Objection to Plaintifrs Complaint
Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(8)
(Full, complete and non-statutory remedy at law)
49. Defendant hereby incorporates by reference thereto the averments contained in
paragraphs 1 through 48 of Defendant' s Preliminary Objections to Plaintiffs Complaint, as
though they were set forth at length herein.
50. Pennsylvania Rule of Civil Procedure 1028(a)(8) provides that preliminary
objections may be filed on the basis that there is a "full, complete and non-statutory remedy at
law." PA.R.Clv.P 1028(a)(8)."
51. Plaintiffs Complaint pleads a cause of action captioned "quantum merit."
52. The facts upon which Plaintiffs bases its claim for an equitable remedy are,
essentially, identical to the facts allegedly supporting its claim at law for breach of contract.
53. Plaintiff does not allege any damages under its equitable claim that are not
already recoverable under its claim at law.
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54. Plaintiffs Complaint for breach of contract provides a "full, complete and non-
statutory remedy at law."
55. Plaintiffs Count for recovery under a theory of "quantum merit" therefore
violates PA.R.CIV.P 1028(a)(8) and should be dismissed.
WHEREFORE, Defendant respectfully moves this Honorable Court to dismiss the Count
contained in Plaintiff s reinstated Complaint captioned "quantum merit" and provide such other
and further remedies to Plaintiff as this Court deems just.
Respectfully submitted,
SMIGEL, ANDERSON & SACKS, LLP
Dated: ~~/...<>
/
chard . Gaffney, ., BA, Esquire
J.D. #63313
River Chase Office Center
4431 North Front Street, 3'd Floor
Harrisburg, P A 1711 0
Attorneys for Defendant
.'1
CERTIFICATE OF SERVICE
I, Richard C. Gaffney, Jr., MBA, Esquire, attorney for Defendant in the above-captioned
matter, do hereby certify that I served a true and correct copy of Preliminary Objections of
Defendant to Plaintiffs Complaint on counsel for Plaintiff by depositing same in the U.S. Mail,
first class, postage prepaid, on the :;
day of February 2006, addressed as follows:
David W. DeLuce, Esquire
Johnson Duffie
301 Market Street
P.O. Box 109
Lemoyne, P A 17043
SMIGEL, ANDERSON & SACKS, LLP
By: :
Richard C. Gaffney, ., BA, Esquire
I.D. #63313
River Chase Office Center
4431 North Front Street, 3'd Floor
Harrisburg, PA 17110
Attorneys for Defendant
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Johnson. Duffie, Stewart & Weidner
By: David W. Deluce, Esquire
I.D. No. 41687
301 Market Street
P. O. Box 109
lemoyne, Pennsylvania 17043-0109
(717) 761-4540
dwd@jdsw.com
Attorneys for Plaintiffs
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil ACTION - LAW
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHARITY,
Plaintiff
JENNIFER MCNEW a/k/a
JENNIFER HORN f/k/a
JENNIFER l. HAYS,
. NO. 05-5946
Defendant
JURY TRIAL DEMANDED
STIPULATION OF COUNSEL
It has been stipulated and agreed by and between David W. Deluce, Esquire, counsel
for Plaintiff, HOLY SPIRIT HOSPITAL, and Richard Gaffney, Esquire, counsel for the
Defendant, that the Defendant herein is JENNIFER MCNEW a/k/a JENNIFER HORN f/k/a
JENNIFER L. HAYS. Counsel agree that this Stipulation shall be presented to the Judges for
entry of the attached Court Order amending the caption accordingly.
Date:
I /ZIJ !o~
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B:
vid W. D luce, squire
Attorney I.D. No. 41687
301 Market Street
P. O. Box 109
lemoyne, PA 17043-0109
Attorneys for Plaintiff
SMIGEL, ANDERSON & SACKS
Date:
I / ;Off /orp
. .
By:
Richard Gaffney,
Attorney I.D. No. b~~
4431 North Front Street
Harrisburg, PA 17110-1741
Attorneys for Defendant
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HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHARITY,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil ACTION - LAW
JENNIFER MCNEW a/kla
JENNIFER HORN f/k/a
JENNIFER L. HAYS,
NO. 05-5946
Defendant
: JURY TRIAL DEMANDED
ORDER OF COURT
""
AND NOW, this 1..~ day of r t.,'o{' \lIV '1----_, 2006, based upon the Stipulation of
Counsel, the caption of this case is amended accordingly to add the name JENNIFER MCNEW as
the Defendant.
BY THE COURT:
:267262
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next:
o Pre-Trial Argument Court
o Argument Court
*************************************************************************************************
CAPTION OF CASE
(entire caption must be stated in full)
HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHARITY,
(Plaintiff)
vs.
JENNIFER MCNEW a/k/a JENNIFER HORN flk/a JENNIFER L. HAYS,
(Defendant)
No. 2005-5946 Civil
1. State matter to be argued (i.e., Plaintiff's motion for new trial, Defendant's demurrer to complaint,
etc.):
Defendant, Jennifer McNew's Preliminary Objections to Plaintiff's Complaint.
2. Identify counsel who will argue case:
a)
For Plaintiff:
Address:
David W. Deluce, Esquire
301 Market Street, lemoyne, PA 17043
b)
For Defendant:
Address:
Richard Gaffney, Esquire
4431 North Front Street, Harrisburg, PA 17110-1741
3. I will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date:
Call of Argument List Date:
Dated: 4.. Z 3 /0 0
I
:269518
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Johnson. Duffie, Stewart & Weidner
By: David W. Deluce
I.D. No. 41687
Elizabeth D. Snover
I.D. No. 200997
301 Market Street
P. O. Box 109
lemoyne, Pennsylvania 17043-0109
(717) 761-4540
dwd@jdsw.com
Attorneys for Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHARITY,
Plaintiff
JENNIFER MCNEW a/k/a
JENNIFER HORN f/k/a
JENNIFER L. HAYS,
NO. 05-5946
Defendant
JURY TRIAL DEMANDED
PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS
AND NOW, this -.12 day of February, 2006, comes the Plaintiff, Holy Spirit Hospital
of the Sister of Charity, by and through its undersigned attorneys, Johnson, Duffie, Stewart &
Weidner, and answers Defendant's Preliminary Objections as follows:
I. Introduction
1. Admitted.
2. Admitted.
3. Admitted.
1
4. Admitted in part and denied in part. By way of further response, Defendant's
counsel had originally agreed to accept service of the Complaint, but then after receiving the
Complaint failed to sign the acceptance of service nor enter his appearance in order to accept
the Complaint in time.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10 Admitted.
11. Admitted.
12. Admitted.
13. Admitted.
14. Admitted.
2
15. Admitted.
16. Admitted.
17. Admitted.
18. Admitted in part and denied in part. The Plaintiff made several attempts in
September and October of 2004 to accommodate the Defendant's employment demands and
did propose several positions that were open and available to the Defendant for her to accept.
(Complaint at paragraph 13-15.) By way of further explanation, the Agreements do not require
Plaintiff to make an offer of employment before October, 2004.
19. Admitted.
20. Admitted.
II, Defendant's Preliminary Obiection to Court I of Plaintiff's ComDlaint:
Pursuant to Pennsvlvania Rule of Civil Procedure 1028(a)(4}
ILeClallnsufficiencv of a PleadinCl - Demurrer}
21. Plaintiff incorporates herein by reference all its responses to paragraphs 1
through 20 of Defendant's Preliminary Objections.
22. Admitted in part. By way of further response, Count I of Plaintiff's Complaint
does in fact state a claim for breach of contract, it does not purport to do so.
3
23. The averments contained in this paragraph are conclusions to law to which no
response is required. However, if a response is deemed to be required, the averments of this
paragraph are denied.
24. Admitted.
25. Admitted in part. Denied in part. By way of further response, Plaintiff's option to
employ the Defendant was a privilege that was granted in both the 2001 and 2002 Agreements.
However, should the Plaintiff not elect to employ the Defendant, the Defendant was not
obligated to repay the funds under both agreements.
26. The averments of this paragraph are a conclusion of law to which no response is
required. However, if it is deemed that a response is required, the averments of this paragraph
are denied, as any condition precedent required has been pled.
27. Denied. The Agreements do not require Plaintiff to make an offer of employment
prior to October, 2004. On the contrary, the Agreements provide, "Hospital shall have the right
to employ Student and Student is obligated to accept said employment." By way of further
response, paragraphs 13 through 18 of the Complaint aver that the Plaintiff did provide the
Defendant with several opportunities to employ her, and numerous attempts were made to meet
her demands and accommodate her requests. Defendant had taken another full-time job and
failed to accept said employment from Plaintiff.
28. Denied. By way of further response, both the 2001 and 2002 Agreements
specifically state, "if Hospital does not elect to employ student upon his or her graduation and at
4
the employment availability described above, Student shall have no obligation to repay any
funds received by Student and paid for Student's benefit under the terms of this Agreement."
See, Paragraph 8(C)(1) of Exhibits "A" and "B" of Plaintiffs Complaint. Nowhere in the
Agreements is it incumbent upon the Plaintiff to "make an offer of employment to the
Defendant." Rather, it was incumbent upon the Plaintiff to "elect to employ Student," which it
did. Plaintiff's Complaint at paragraphs 13-18 evidence Plaintiff's election to employ the
Defendant upon her graduation.
29. Admitted in part. Denied in part. The allegations as set forth in Plaintiffs
Complaint at Paragraph 19 speak for themselves. However, by way of further response, the
inference that a "bona fide offer of employment" and "mere discussions" are irrelevant to this
proceeding, as mentioned previously the Agreements clearly state that the Plaintiff was merely
obligated to "elect to employ" the Defendant.
30. Admitted in part. Denied in part. Plaintiff's Complaint does not allege that a
"bona fide offer of employment" was made to the Defendant. However, whether or not the
Plaintiff made a bona fide offer of employment upon the Defendant is not required under the
Agreements, only that Plaintiff elect to employ the Defendant which Plaintiff did.
31. Denied. By way of further response, Plaintiff's Complaint is not facially deficient
and makes all averments necessary to state a claim for breach of contract against the
Defendant, because the Plaintiff's Complaint at paragraphs 13-18 clearly aver that the Plaintiff
"elected to employ" the Defendant. Additionally, it was only incumbent upon the Plaintiff to
"elect to employ" the Defendant. Nowhere in the 2001 or 2002 Agreement is it incumbent upon
the Plaintiff to make an "offer" of employment to the Defendant.
5
32. Denied. The averment in this paragraph is a conclusion of law to which no
response is required. However, if a response is deemed to be required, the averments of this
paragraph are denied as any condition precedent required has been pled.
WHEREFORE, the Plaintiff respectfully requests this Court to dismiss Defendant's
Preliminary Objection to Count I of Plaintiff's Complaint.
III. Answer to Defendant's Preliminary Obiection to
Plaintiff's Complaint Pursuant to Pennsvlvania Rule of Civil Procedure 1028(a1l2l
(Failure of a Pleadina to Conform to Law or Rule of Courtl
33. Plaintiff incorporates herein by reference all its responses to paragraphs 1
through 32 of Defendant's Preliminary Objections.
34. Admitted.
35. Denied. All matters alleged are material and relevant to the claims alleged.
36. Admitted in part. Denied in part. By way of further response, per the 2001 and
2002 Agreements, it was not incumbent upon Plaintiff to make an "offer" of employment to
Defendant, rather, Plaintiff must have "elected to employ" the Defendant in order for the
Defendant to be obligated for repayment of tuition and other expenses paid per these
Agreements.
37. Denied. All such facts support Plaintiff's act to elect to employ Defendant.
6
38. Denied. All matters alleged are material and relevant to the claims alleged.
39. Admitted.
40. Denied.
41. Denied.
42. Admitted.
43. Denied. It is clear the allegation is the Defendant breached both Agreements.
44. Denied. Defendant is not prejudiced in any way. The pleadings clearly put the
Defendant on notice of Plaintiffs facts and causes of action.
45. Denied. This is a legal conclusion to which no response is required.
46. Admitted.
47. Denied. The 2001 and 2002 Agreements are attached as Exhibits "A" and "B,"
respectively. Therefore, it is clear from Plaintiffs Complaint that these Agreements are written.
48. The averments in this paragraph are conclusions of law to which no response is
required. However, if a response is deemed required, the averments of this paragraph are
denied.
7
WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss
Defendant's Preliminary Objection to Plaintiff's Complaint.
IV. Answer to Defendant's Preliminary Obiections to Plaintiff's Complaint
Pursuant to Pennsvlvania Rule of Civil Procedure 1028(a)(8)
(Full. Complete and Non-Statutory Remedv at Law)
49. Plaintiff incorporates herein by reference all its responses to paragraphs 1
through 48 of Defendant's Preliminary Objections.
50. Admitted.
51. Admitted.
52. Admitted.
53. Denied. This is a legal conclusion to which no response is required.
54. Denied. By way of further response, Pennsylvania Rule of Civil Procedure 91020
allows for pleading in the alternative. Here, Plaintiff pleads a cause of action for quantum meriut
in the alternative to a breach of contract claim. This sort of pleading is allowed under Rule
1020.
55. Denied. The averments of this paragraph are conclusions of law to which no
response is required.
8
WHEREFORE, the Plaintiff respectfully requests this Honorable Court to dismiss the
Defendant's Preliminary Objection to Plaintiffs Complaint.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: 07 ~ 25 -{)b
By: ~~
Elizabet D. Snover
I.D. No. 200997
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Plaintiff
:269344
9
CERTIFICATE OF SERVICE
AND NOW, this /i5 day of f~ ' 2006, the undersigned does
hereby certify that he served a true and correct copy of Plaintiff's Answer to Defendant's
Preliminary Objections, upon Counsel of record by depositing same in the United States Mail,
first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Richard C. Gaffney, Esquire
2120 Market Street
Camp Hill, PA 17011
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HOLY SPIRIT HOSPITAL OF THE,
SISTERS OF CHARITY,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JENNIFER MCNEW a/k/a JENNIFER
HORN flk/a JENNIFER L. HAYS,
DEFENDANT
05-5946 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO
PLAINTIFF'S COMPLAINT
BEFORE BAYLEY, J. AND GUIDO, J.
ORDER OF COURT
AND NOW, this ~ day of March, 2006, the preliminary objections
of defendant to plaintiffs complaint, ARE DISMISSED. :'l
;/
//
Edgar B. Bayley, J.
David W. DeLuce, Esquire
For Plaintiff
Peter M. Good, Esquire
For Defendant
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Johnson, Duffie, Stewart & Weidner
By: David W. Deluce, Esquire
1.0. No.
Elizabeth D. Snover, Esquire
I. D. No, 200997
301 Market Street
p, O. Box 109
lemoyne, Pennsylvania 17043-0109
(717) 761-4540
dwd@jdsw.com
Attomeys for Plaintiff
HOLY SPIRIT HOSPITAL OF THE
SISTERS OF CHARITY,
Plaintiff
v.
JENNIFER MCNEW a/kJa
JENNIFER HORN f/kJa
JENNIFER L. HAYS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVil ACTION - LAW
NO, 05-5946
: JURY TRIAL DEMANDED
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter as settled and discontinue this action,
Dated:
:279732
Respectfully submitted,
. -.
CERTIFICATE OF SERVICE
AND NOW, this ~ day of 'J:
, 2006, the undersigned does
hereby certify that he served a true and correct
py of the Praecipe to Discontinue upon
Counsel of record by depositing same in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows:
Peter M. Good, Esquire
Smigel, Anderson & Sacks, LLP
4431 N. Front Street
Harrisburg, P. 110
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