HomeMy WebLinkAbout02-1136PRESBYTERIAN HOMES, INC.,
t/dgo/a FOREST PARK HEALTH
CENTER,
Plaintiff
RALPH W. GRUBER, MARY J.
NEUBAUM, and GEORGE GRUBER, JR.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
· CIVIL ACTION
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 OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
PRESBYTERIAN HOMES, INC.,
tld/b/a FOREST PARK HEALTH
CENTER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v. · NO.
RALPH W. GRUBER, MARY J.
NEUBAUM, and GEORGE GRUBER, JR. ·
Defendants · CIVIL ACTION
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Usted debe
presentar una apariencia escrita o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas
y puede entrar una orden contra usted sin previo aviso o
notificacion y por cualquier queja o alivio que es pedido en
la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros detechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO
IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
PRESBYTERIAN HOMES, INC.,
t/d/b/a FOREST PARK HEALTH
CENTER,
Plaintiff
RALPH W. GRUBER, MARY J.
NEUBAUM, and GEORGE GRUBER, JR.
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
COMPLAINT
AND NOW, comes Plaintiff, Presbyterian Homes, Inc., t/d/b/a Forest Park Health
Center, (hereinafter referred to as "PHI"), by and through its attorneys, Killian &
Gephart, LLP, and in support of this Complaint, avers the following:
1. Plaintiff is Presbyterian Homes, Inc., tYd/b/a Forest Park Health Center,
which has its principal place of business at 1217 Slate Hill Road, Camp Hill, Ctunberland
County, Pennsylvania 17011.
2. Defendant, Ralph W. Gruber, is an adult individual and resident at Forest
Park Health Center who has an address of 700 Walnut Bottom Road, Carlisle,
Cumberland County, Pennsylvania 17013-3699.
3. Defendant, Mary J. Neubaum, Ralph W. Gruber's niece, is an adult
individual with an address of 2052 Susquehanna Street, Harrisburg, Dauphin County,
Pennsylvania 17102.
4. Defendant, George Gruber, Jr., Ralph W. Gruber's nephew, is an adult
individual with an address of 2713 Keystone Drive, Harrisburg, Dauphin County,
Pennsylvania 17112.
5. Plaintiff, PHI, operates Forest Park Health Center.
6. Defendant, Ralph W. Gruber, is a patient at Forest Park Health Center.
7. Upon his admission, Defendant, Ralph W. Gruber signed an Admission
Agreement obligating him to pay his charges as they accrued at Forest Park Health
Center. A tree and correct copy Of the Admission Agreement is attached hereto and
marked as Exhibit "A".
8. Defendant, Mary J. Neubaum, is Ralph W. Gruber's Power of Attorney and
receives Ralph W. Gruber's income in an amount of under $2,000 per month.
9. Defendant, Mary J. Neubaum, is obligated as a fiduciary for Ralph W.
Gruber to pay his expenses at Forest Park Health Center.
10. Upon info~-Hlation and belief, Defendant, George Gruber, Jr., is a nephew of
Defendant, Ralph W. G-tuber, and is also a Power of Attorney for Ralph W. G-ruber.
11. Despite repeated demands by Plaintiff, Defendants refuse to pay more than
a small portion of what is due and owing for Ralph W. Gruber's care at Forest Park
Health Center.
12. Upon infoxxttation and belief, one or both of Defendants, Mary J. Neubaum
and George Crmber, Jr., are taking Ralph W. Gruber's funds and using them for their own
personal benefit, rather than for the benefit of Ralph W. Oruber.
2
13. Pursuant to the Powers of Attorney possessed by Defendants, Mary J.
Neubaum and George Gruber, Jr., funds of Ralph W. Gruber are to be expended solely
for Ralph W. Gruber's benefit.
14. At the present time, a balance of $43,592.37 is due and owing to Forest
Park Health Center for the care of Defendant, Ralph W. Gruber.
COUNT I - BREACH OF CONTRACT
15. The avemients of paragraphs 1 through 14 are incorporated hereby as if set
forth fully and at length.
16. Defendants have breached the Admission Agreement by failing to pay for
Defendant, Ralph W. Gruber's bills for his medical care at Forest Park Health Center as
they become due.
Plaintiff, PHI, has been damaged by Defendants breach in an amount of
17.
$43,592.37.
18.
This amount continues to accrue despite occasional, intermittent, small
payments made by Defendant, Mary J. Neubaum.
WHEREFORE, Plaintiff, PHI, respectfully requests this Honorable Court to enter
judgment in its favor and against Defendants in an amount of $43,592.37 which amount
is above the jurisdictional limit for compulsory arbitration.
COUNT II - CONVERSION/CONSTRUCTIVE TRUST
19. The ave~-iiients of paragraphs 1 through 18 are incorporated hereby as if set
forth fi~lly and at length.
20. Upon infoi~iation and belief, Defendants, Mary J. Neubaum and/or George
Gruber, Jr., have converted funds of Defendant, Ralph W. Gruber, for their own personal
USe.
21. Defendant, Mary J. Neubaum, upon information and belief, has control of
Defendant, Ralph W. Gruber's funds, and is refusing to apply them toward his medical
22. A constructive trust should be imposed upon any assets of Defendant,
Ralph W. Gruber, or purchases made with those assets by Defendants, Mary J. Neubaum
and/or George Gruber, Jr. so that Plaintiff, PHI, can be paid for its services provided to
Defendant, Ralph W. Crruber.
WHEREFORE, Plaintiff, PHI, respectfully requests this Honorable Court to grant
judgment in its favor and against Defendants for conversion and to impose a constructive
trust upon any proceeds converted by Defendants, Mary J. Neubaum or George Crruber,
Jr., and to impose punitive damages for the fraudulent conduct which amounts are above
the jurisdictional limit for compulsory arbitration.
COUNT III - MONEY HAD AND RECEIVED
23. The ave, ments of paragraphs 1 through 22 are incorporated hereby as if set
forth fully and at length.
24. Defendants, Mary J. Neubaum and George Gruber, Jr., have received funds
which belong to Defendant, Ralph W. Gruber, and should be applied for his care at
Forest Park Health Center.
25. Defendants, Mary $. Neubaum and George Gruber, Jr., have violated their
fiduciary obligations pursuant to the Powers of Attorney for Defendant, Ralph W. Gruber
which they hold by failing to provide assets to Plaintiff, PHI, for Defendant, Ralph W.
Gruber's care.
26. Pursuant to the law of money had and received, Defendants, Mary J.
Neubaum and George Gruber, Jr., are obligated to receive the funds belonging to
Defendant, Ralph W. Gruber, and apply them to his legitimate creditors.
WHEREFORE, Plaintiff, PHI, respectfully requests this Honorable Court to enter
judgment in its favor and against Defendants in an amount of $43,592.37, which amount
is above the jurisdictional limit for compulsory arbitration, and to order the Powers of
Attorney to discharge the funds.
Respectfully submitted,
KILLIAN & GEPHART, LLP
Dated: March 6, 2002
Paula J. MLeDermott, Esquire
Attorney I.D. ~46664
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
6
VERIFICATION
I hereby verify that the statements of fact made in the foregoing document are tree and
correct to the best of my knowledge, information and belief. I understand that any false
statements therein are subject to the criminal penalties contained in 18 Pa. C.S. Section 4904,
relating to unswom falsification to authorities.
Dated: 81~/o~---
Paula J. 19IcDermott, Esquire
PRESBYTERIAN HOMES, INC.
NURSING CARE ADMISSION AGREEMENT
1. INTRODUCTION
This Agreement is a conwact between the parties listed below setting forth many fights and responsibili-
ties of the nursing facility and the resident.
Long tem~ care facilities and residents of long tem~ cm-e facilities have other rights and responsibilities
under Pennsylvania law. All of these rights are not listed below. However, to the extent that this or any
other agreement, or nursing facility policy, attempts to waive or limit the legal rights of a resident, such
an attempted waiver or limitation is unenforceable and may give rise to a legal action against the facility.
Also, to the extent that this Agreement conflicts with any current or future provision of law, the law is
controlling.
Residents of a facility that has been certified to participate in Medicare or Medicaid (i.e. the Pennsylva-
nia Medical Assistance Program) have additional rights under federal law. These rights generally extend
to all residents of certified facilities, whether or not Medicare or Medicaid is paying for this care.
2. PARTIES
The p._arties to t,.~s Agreement are:
(a) ~'~c~.~-F- '.Ya. Flt--. (herein "the facility"), and
(b) cl~L,.~ -~n ,.19_er' (herein "the. resident"; if someone other than the resident is named,
indicate' that individual's relationship to the resident, for example, legal guardian or attorney-in-fact).
The parties to this Agreement recognize that the facility cannot require a legally competent person to
designate an attorney-in-fact or other responsible party as a condition for admission as a Resident.
If a resident is not a party to this Agreement, the responsible parry is entitled to enforce all rights per-
mining to residency on behalf of the resident and resident is entitled to the same rights and privileges as
accorded to fully responsible residents who sign the Admission Agreement.
3. MEDICARE/MEDICAID CERTIFICATION
The facility is certified to participate in the Medicare and Medicaid program. Provider participation in
the Medicare and/or Medicaid program is subject to term/nation by the facility or by the responsible
governmental entity.
4. CHARGES
Covered services:
Beginning on ,t../_ C~_ O I , the facility will admit '~}.-, ~-,r'[ ~c'- ., the resident,
herein. Unless-and until the resident is eligible to have his or hey care paid for. by Medicare or
Medicaid, the facility will charge the per diem rate in Attachment A for the provision of long
term care services. This charge covers all room and board, items, equipment and services rea-
sonably related to the care and treatment of the resident. Payment is due on the
day of the month. Charges in addition to room and board are included in Attachment A.
There will be no charge for any service, equipment or item which is not actually provided to the
resident.
A1 05/92
Changes in charges
The facility may amend the charges set forth in the preceding section (4(a)) upon thirty (30) days
written and/or an oral notice to the resident, legal representative (if one exists) and responsible
party (if one exists).
EXHIBIT "A"
c. 'Rebate on discharge .... ,.~ _.,~ ,-,t the month, the facility will provide a pro-rata refund
If the resident ts dts g P _ · ...... :.~.;., '~n us of the date of discharge.
of any prepayment for covered servtcr~ w,,,,,,, -,,, da,
d. Billing Medicare
Payment for residents who are Medicare enrollees is not due unless and until Medicare has
· covers e. The facility hereby acknowledges its legal responsibility to
determined that there ts no :g , ·_~: ....... 0-,-~,-~ 'reauired to do so b or on behalf of the
submit any claim for payment to me ;vrca~,.~ l'-"*'-'" tf -~ Y
resident.
e. Billing Medicaid Residents
Payment amounts for residents who are entitled to Medicaid are determined by the Pennsylvania
fare An ayme,tmade to a Meajca!a.c.. qi_' e.a fa. cility far ~e, cost,ofc,arc,
D artmentofPubhc Wel '. ,YP -- · 'hie ~eaica~ asststance wm oe refunded
f~Td private pay resident who ts ~ater found ;u be ehgL- for
within five (5) days of n,,tification of resident e. h. gtb~hty. The pantes hereto recogmze thatlt ts tllegal
for a Medicaid certifie~l"~acility to charge, sohclr, accept or receive additional monies beyond what
the Medicaid program determines is due, as a condition for admitting, expediting the admission of,
or retaining a resident under Medicaid.
Thc parties recognize that a Medicaid certified facility may charge for items, equipment or services
not reimbursable under the Medicaid program, if the provision of such item, equipment or service
and the charge therefore is disclosed and agreed to in advance, pursuant to law: M. edicaid recipients
who are uncertain whether an item or service is not reimbursable under the Me&enid program should
contact the Department of Public Welfare, Long Term Care Client Services at (717) 772-2500.
f. Obtaining Private Payment and Public Benefits
The facility will assist the resident and others acting on behalf of the resident in applying for and
obtaining private insurance and public bene£tcs to cover the cost of the resident's care.
The resident agrees to cooperate to the best of his or her ability with any such application.
g. Interference
The parties acknowledge that a Medicaid certified facility may not require, in writing or orally, a
promise that a resident will remain in private pay s~atus or refrain from applying for Medicaid for
a specified period of time.
h. Financial Guarantor .... vania law, this Agreement standing alone is insuffi-
unoer r'ennsy~
The parries acknowledge th.a) ..... ._, ....... or for char~es owed hereunder. Any other
clent to legally b nd ~y mcltw.auai ,as _r~:a_n~c.~a] ,~ make vavment from the restdent's funds and
person signing this agreement ts omy oou~,-,, ,-, ,- - '
only to thc extent that those funds are available to such signing person. Therefore, if a guarantor
agreement exists, it is a;tached hereto as Attachment B.
PROTECTION OF RESIDENT'S PROPERTY
The facility will take reasonable steps to prevent the theft or loss of the resident's property.
The resident is not required to deposit personal funds (including, but not limited to Social Security and
pension checks) with thc facility. If the resident wishes, however, the facility will hold, safeguard and
account for any personal funds deposited with the facility, in accordance with state and federal law.
'dent funds held by the facility are subject to various prey!stoas of
The attics acknowledge that any rest ..... ., .... a,, rv nostina of interest and reporttng on
statePa~d/or federal law governing access to me
the status of' said funds.
The procedure for filing claims for property of the resident which is lost or stolen is set forth in
Attachment C.
6. i)iSChARGE OR TRANSFER OF THE RESIDENT FROM THE FACILITY
a. Reasons for Transfer or Discharge
The facility will not discharge or transfer the resident from the facility except for medical reasons,
for his or her welfare or that of other residentsl for nonpayment for his or her stay after the facility
has made reasonable efforts to collect the debt, or if the facility ceases to operate.
bo
Co
Notice of Transfer or Discharge
In the event that a discharge or transfer is necessary and, except in an emergency, the facility will give
30 days advance written notice to the resident, to any legal representative, to the responsible party
(if one exists) and to others required by law to receive this notice. The written notice will set forth
the reason for the transfer or discharge, the effective date of the transfer or discharge and the location
to which the resident will be transferred or discharged.
The notice will also set forth any appeal fights that the resident has under law and additional
information required by state and/or federal law. In the event of an emergency, the facility will
give the resident as much notice as is possible under the circumstances.
Facility Responsibility fOr Transfer or Discharge
In the event that a transfer or discharge is necessary, the facility will provide sufficient prepara-
tion to assure that the transfer or discharge is safe and orderly. The facility is responsible for
transferring the resident to an appropriate level of care.
Holding the Resident's Bed Upon Transfer
1. HOSPITALIZATION. In the event that the resident is transferred to a hospital,
the facility will hold the resident's bed for up to fifteen days, if the resident is
Medical Assistance eligible and the facility is Medical Assistance certified.
If the resident is entitled to Medicaid benefits for the period, and the facility is
certified under the Medicaid program, the facility will accept Medicaid bed hold
payments as payment in full. If the resident is not Medical Assistance eligible,
the facility will accept the normal p~r diem listed in Attachment A.
2. THERAPEUTIC LEAVE. In the event the resident is absent from the facility on
therapeutic leave, the facility will hold the bed upon payment of the facility's
Medical Assistance interim per diem rate, or, if the facility is not certified under
Medical Assistance, upon payment of the per diem rate listed in Attachment A.
If the resident is entitled to Medicaid benefits during therapeutic leave,
the facility will accept Medicaid bed hold payments (limited to 15 days per
calendar year for skilled care residents and 30 days Per calendar year for
intermediate care residents) as payment in full. The resident's calendar year
begins on the day of 1st therapeutic leave.
3. NEXT AVAILABLE BED. In the event the resident and others acting on behalf of the
resident choose not to pay to reserve a bed as set forth in paragraphs (1) and (2),
the resident is nevertheless entitled to the next available bed when he/she is ready
to return to the facility.
7. TRANSFERS WITHIN THE FACILITY
The resident will not be transferred within the facility except for medical reasons, for his or her welfare
o~ that of other residents, or with the voluntary consent of the resident or his or her legal representative..
In the event of a transfer hereunder, except inan emergency, the facility will give prompt advance notice
to the resident, to the responsible pa.~y (if one exists), to any legal representative and to any family
member who is known to the facility. The notice will state the reason for the transfer, the effective date
and the locafon to which the resident will be moved.
In the event that a transfer within the facility is necessary, the facility will provide sufficient preparation
to assure that the transfer is safe and orderly.
8. RESIDENT'S RIGHTS
The parties recognize that federal and state law guarantee the resident other rights which are not set forth
fully in this agreement. The facility agrees to uphold all of the rights of the resident under federal and
state law. Resident rights are included in Attachment D.
9. VISITING HOURS
Visiting hours are open, however the facility requests that late arrivals (after 9:00 p.m.) be cleared with.
the facility administration in advance.
10. RESOLVING RESIDENT AND FAMILY CONCERNS
The parties recognize the right of the resident to recommend changes in the facility and the responsi-
bility of the facility to respond to the suggestions of the residents. Attachment E hereto sets forth the
manner by which a resident or others acting on behalf of the resident can suggest changes to the facility,
the steps which the facility will take to encourage and assist residents in voicing their concerns, and the
method by which the facility will review and respond to the suggestions of residents and others acting
on their behalf.
The parties recognize that the Pennsylvania Department of Aging has assigned an Ombudsman to each
nursing facility in the state. The Ombudsman may assist the resident or others acting on behalf of the resident
in resolving disputes with the facility.
11. REGULATORY AGENCIES
The parties recognize that the facility is licensed by the Dep~u'unent of Health and is regulated by the
Pennsylvania Department of Welfare and the Health Care Financing Administration of the U.S. Depart-
ment of Health and Human Services. Both parties recognize that regulatory changes may alter the
conditions of this agreement.
12. CIVIL RIGHTS COMPLIANCE
13. SIGNATURES
Presbyterian Homes' facilities are open to all in need of our services, and are not restricted to
Presbyterians. Also, in accordance with the Federal Civil Rights Act and the Pennsylvania Human
Relations Act, P.L. 744:
This facility has agreed to comply with the provision Of the Federal Civil Rights Act of 1964,
and the Pennsylvania Human Relations Act, and all requirements proposed pursuant thereto,
to the end that no persons shall on the grounds of race, color, religious creed, national origin,
ancestry, age, sex, handicap or disability should be excluded from participating in, be denied
benefits of, or otherwise be subject to discrimination in the provision of any care or service.
The non-discriminatory policy of the institution applies tO residents, physicians, and all
employees. Under no circumstances will the application of this policy result in the segregation
of buildings, wings, floors, and rooms for reasons of race, color, religious creed, national origin,
ancestry, age, sex, handicap, or disability.
' 'R'e~i~l~r At[th~'~tzed Representative
Administrator
Date
~_~[tn;s; (If~'~e'r~ent sig~s ~y a mark
or directs another)
PRESBYTERIAN HOMES, INC.,
t/d/b/a FOREST PARK HEALTH
CENTER,
Plaintiff
RALPH W. GRUBER, MARY J.
NEUBAUM, and GEORGE GRUBER, JR. :
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 69-- ~t~
: CIVIL ACTION
LIS PENDENS
TO: THE PROTHONOTARY OF SAID COURT:
Kindly index a Lis Pendens against Defendant, Ralph W. Gruber's property
located at 27 Woodlawn Lane, Carlisle, South Middletown Township, Pennsylvania
17013. A property description is attached hereto.
Respectfiflly submitted,
KILLIAN & GEPHART, LLP
Dated: March 6, 2002
Paula J. ~cDe~mott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
· (berei.ofter r(tlled the Gr(t.l.r ), of lite o.e I.~rt,
~ALPH W. GRUBER an~ EMILY C. GRUBER, his wife, of Silver
Springs, Maryland,
(herei..fter ,'.lied the Gra.tee s), of thc other p. rt :
7'h.t the s.i,t Grct.tor f.r a.d i. to.sider. Ilo.
~nty-Four ~ousand, Nine Hundred ($24,900.00) ~.11ars .......
s{tld (ir..l~res .I ..d before the sealitt~ attd dclirer!l of (hese.prese. ts, the r~'r~'ipt
.'bere,~f 'is !tereh!l ack. o.,led~ed; has ~rtt.ted, bor~.i.~,d, sold, .lie.ed,
e.fe./~d, rele.sed tt.d eo./i~.ted, ..d h!l these l~r~,scnls does
sell, .lie., ~?feoff, reh,¢tse...d co./Ir.~ tt.t. Ihe' s.id (Jr..tee s, their heirs
ALL THAT CERTAIN tract of land situate in SOuth Middletown Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the Western side of L.R. 21008, on the
dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned
Plan of Lots; thence by. said dividing line, South 58 degrees 40
minutes west 160 feet to a. point; thence North 31 degrees 20 minutes
West 100 feet to a point on the southern side of Woodlawn Lane;
thence by the.Southern side of Woodlawn Lane, North 58 degrees 40
minutes East 160 feet to a point on the Western side of L.R. 21008;
'thence by the Western side of L.R. 21008, South 31 degrees 20 minutes
East 100 feet to the Place of ~EGINNING.
BEING Lot No. 1 of Section "C, of the Plan of Lots known as Forge
Road Acres as recorded in the Office of the Recorder of Deeds for
Cumberland County'in Plan Rook 19, Page 12.
BEING ~ the property which D D & M Corporation, by its Deed
dated the 19th day of November , 1970 and recorded in the Office
for the Recording of Deeds in and for Cumberland 0ounty, Pennsylvania
in De. ed Book W , Volume 23 , Page 526 , granted and conveyed unto
Fleetwood Homes, Inc., grantor herein.
SUBJECT, HOWEVER, to the restrictions and conditions recorded in the
Office aforesaid in Misc. Book 166, Page 512, except as follows:
1. Any dwelling ho.use constructed on this lot shall have'not less
than 1100 square feet of living area.
905
2. The exterior dimensions of any ranch type dwelling house
constructed on th£s lOt shall be not less than 26 feet by 44 feet,
excluding garage or carport.
3. A-garage or carport at least 14 feet wide shall be erected
with the dWelling house.
~.ents and oPpurlenanves u'halsoet,er there/into belon~iu~, or i. tiit// u,ise
a.d all the estate. ~/~hI. t/tie, interest, property, claim and dem././ whalsoet,e~
the said (/rantor , it} lau~. eqait~, or otherwise hotvsoet.er, o/. ia. t/nd Io lite
a,d et'er~ part thereo~.
~0~Z 23~[ 906
ttlttl prelltlse# hcrebl! &;refilled, or tttettlio.t.d
.h t, redlt t: ote. I s
tttttl ?.lettd~d so It, hr,, with I'he
{Ippttrlett{ltt{,es, ttttlo the s¢lld (Irttttlers. their heirs
ttttd for t he ,,.ll/ proper rise ottd behoo/ of the said (;r<tttlee s, their heirs
.ts~l~ns /oret'er.
the s/lid (ir(t.lor, for itsWf ttttd its al.'t'esso~s does b!l these prese, ls'e. re...I,
~:tt,I .&~ree, to a.d with the said (ira.tee s, their hears
.Issi&~tS, I It~tl i~ the said Gr~ttor, u.d its ,%'.ccessors, .11 a.d s~tlgttlor the
heredilat, ettls ti.d pretttJses here/, described attd ~ra.ted, or me:tlio, ed
ittlettded so Io be, trilh Ihe ttppttrlc~tatlecs, ttttlo Ihe said (irtttttt. e s, their heir~
atttl .'lssi~.s, tt<tittsl it lite s{tid (Ira.tor a.d ils ,~ttccessors~
{t&tttlttsl etll {:.d ct'er~ other i'ersott ~:.d Perso.s Whomsoet,er, httt~tll~ claimi.~ or
t'lo~ttt the ~ame, or an!l i:¢trl, thereof,
the stti,! Fleetwood Homes, Inc.
h,'reh!! c¢.tsliltth. S ~t.d ~q~l:oi:tl S Eugene ~11er
.ck.,,trh'dg; Ibis I.,h'.tttre I.,fore {t.!l perso, h.vi.~ attlhorH!) h!l Ihe Ittws of the
('ol~tt~totttt't'ttllh of I'eltlts!llt~tlli{t Io htke stroh ot'A'ltott'led~tlt{,~tl, lo the i. te.t Ih~tt
sttt. e i~l{tll.b{, t/lt~I recorded.
Fleetwood Homes, Inc.
Iht' sttid ¢iret.tor, htts t'ttttsed Ibis I.dettltt~'e to be e.ret'ttled h!! ils
I'reside. l~ tlllesl¢.d hll il.~ ~S/&7~ ,%'ecrclar~, ..d its corp.rate seal/o
lite dttll et~td lle{tr /irst ethot.r, tt'rilt~,..
~tt#~lt~tt on the dali o! thc 4ate o! the abot~ Indenture. of ~he abore-aamed
I h,,r,,bg eerti/ll, that o. ti, if I c?/'~! ,h~ll o1' ~:~mo~.
llettr of ¢.tr Lord o.e thousand ni.e hundred and seven~:y-one
itt the
before me, the
subscriber, a .Votar!t l'ublit., residi.~, in the
perso.olhj appeared Eugene ~llez, the ottor.,'~ "amed i. the fi~re~oitt~
hfile.ture, ttlti{ I}y t'irtue tl.d ilt. pltrSltttttee o~ the outhority therein,
him. ockt.,,cledded the said Inde.ture to be the eel a.d deed ,,f ,fie
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addresn o/ tit, ~rante~ herei,t is
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the O~ee p,r Recordind ol Deeds in and for
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CERTIFICATE OF SERVICE
On this 6th day of March, 2002, I hereby certify that I served the foregoing
document on the following by depositing a tree and correct copy in the United States
Mail, postage prepaid, addressed to:
Mr. Ralph W. Graber
Forest Park Health Center
700 Walnut Bottom Road
Carlisle, PA 17013-3699
Ms. Mary J. Neubaum
2052 Susquehanna Street
Harrisburg, PA 17102
Mr. George Gruber, Jr.
2713 Keystone Drive
Harrisburg, PA 17112
K1LLIAN & GEPHART
Paula J. ~cDemtott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
Presbyterian Homes, Inc.,
t/dPo/a Forest Park Health Center,
Plaintiff :
Ralph W. Graber, Mary J. Neubaum:
and George Gruber, Jr., :
Defendants :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
NO. 02 - ~
CiVIL ACTION
DEFENDANTS' PRELLM1NARY OBJECTION TO FORM OF COMPLAINT
AND NOW COME Defendants Ralph W. Gruber, Mary J. Neubaum and George
Graber, Jr., by and through their attorneys, Saidis, Shuff, Flower & Lindsay, and respectfully
assert the following preliminary objection to the within complaint:
Plaintiff's complaint has not been verified by a party nor does it set forth the reason
why the verification is not made by a party, as required by Pa.R.C.P. Rule 1024(c), and
should therefore be dismissed.
WHEREFORE, Defendants request that the Complaint be dismissed, unless and
until it is properly verified by a party to the action or otherwise made to comply with
Pa.R.C.P. Rule 1024(c).
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Dated: April 16, 2002
By:
Thomas E. Flower, Esqui~'/
Supreme Court ID #83993
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High $~reet
Carlisle, PA
Presbyterian Homes, Inc.,
t/d/b/a Forest Park Health Center,
Plaintiff :
Ralph W. Graber, Mary J. Neubaum:
and George Graber, Jr., :
Defendants :
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
NO. 02 - 01344
CIVIL ACTION
CERTIFICATE OF SERVICE
AND NOW, this 16th day of April, 2002, I, Thomas E. Flower, Esquire, of the
fn'm of Saidis, Shuff, Flower and Lindsay, hereby certify that I this day served a tree and
correct copy of the Preliminary Objection upon the parties listed below via United States
Mail, postage prepaid, addressed as follows:
Paula J. McDermott, Esquire
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108 - 0886
Respectfully submitted,
SAIDIS, SHUFF, FLOWER & LINDSAY
Thomas E. Flower, Es-Xq~
Supreme Court ID #83993
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
Attorney for Plaintiff
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-01136 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRESBYTERIAN HOMES INC T/D/B/A
VS
GRUBER P~ALPH W 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 , to wit:
NEUBAUM MARY J
but was unable to locate Her
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April 19th , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
6.00
9.00
10.00
36.50
.00
61.50
04/19/2002
KILLIAN & GEPHART
R. ~Thomas Kline
Sheriff of Cumberland County
Sworn and subscribed to before me
this 2~ day of ~
A.D.
prOthonotar~ ! -
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-01136 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRESBYTERIAN HOMES INC T/D/B/A
VS
GRUBER P~ALPH W 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 , to wit:
GRUBER GEORGE JR
but was unable to locate Him
deputized the sheriff of DAUPHIN
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April 19th , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
04/19/2002
KILLIAN & GEPHART
R~ Thomas Kline ~
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~' day of ~
~[ 6~o~ A.D.
~ ; Prothonotgr~ '
SHERIFF'S RETURN - REGUIJtR
CASE NO: 2002-01136 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PRESBYTERIAN HOMES INC T/D/B/A
VS
GRUBER RALPH W ET AL
BRYAN WARD , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
GRUBER RALPH W the
DEFENDANT
at 700 WALNUT BOTTOM ROAD
, at 1035:00 HOURS, on the 13th day of March , 2002
CARLISLE, PA 17013-3699
by handing to
HOPE MANNING
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this 25--~ day of
~ ~1~o~ A.D.
VP~othonotary ~
So Answers:
R. Thomas Kline
04/19/2002
KILLIAN & GEPHART
Mary Jane Snyder
Real Estate Deputy
-William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:March 29, 2002
COMPLAINT
NEUBAUM MARY J
to LLOYD NEUBAUM, HUSBAND
of the original
: PRESBYTERIAN HOMES INC T/D/B/A FOREST
vs
: GRUBER GEORGE JR
Sheriff's Return
No. 0637-T - -2002
OTHER COUNTY NO. 02-1136
at 8:09PM served the within
upon
by personally handing
1 true attested copy(ies)
COMPLAINT and making known
to him/her the contents thereof at 2052 SUSQUEHANNA ST
HBG, PA 00000-0000
Sworn and subscribed to
before me this llTH day of APRIL, 2002
PROTHONOTARY
So Answers,
Sheriff's Costs: $36.50 PD 03/18/2002
RCPT NO 161571
COOK
Mary Jane Snydcr
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief DeputY
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
AND NOW:March 25,
COMPLAINT
GRUBER GEORGE JR
to HIM
of the original
2002
: PRESBYTERIAN HOMES INC T/D/B/A FOREST
vs
: GRUBER GEORGE JR
Sheriff's Return
No. 0637-T - -2002
OTHER COUNTY NO. 02-1136
at 9:35PM served the within
upon
by personally handing
1 true attested copy(les)
COMPLAINT and making known
to him/her the contents thereof at 2713 KEYSTONE DR
HBG, PA 00000-0000
Sworn and subscribed to
before me this llTH day of APRIL,
PROTHONOTARY
So AIlswers,
Sheriff of Dauphin County, Pa.
Sheriff
Sheriff's Costs: $36.50 PD 03/18/2002
RCPT NO 161571
GASPICH
· In The Court of Common Pleas of Cumberland County, Pennsylvania
Presbyterian Homes, Inc. t/b/d/a Forest Park'Health Center
VS.
Ralph W. Gruber et al
SERVE: George Gruber Jr. N0. 02 1136 civil
Now, .1~. ch 11~ 2002 ..
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Pla'mtiff.
Sheriff of Cumberland County, PA
Now,
Affidavit of Service
,20 , at
o'clock
M. served the
within
llpon
by handing to
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this __ day of ,20
Sheriff of
COSTS
SERVICE '
MI1 ,EAGE
AFFIDAVIT
County, PA
'In ~'he Court of Common Pleas of Cumberland County, Pennsylvania
Presbyterian Homes, Inc. t/b/d/a Forest Park Health Center
VS.
Ralph W. Gruber et al
SERVE:
Mary J. Neuba~n No. 02 1136 civil
Now, March 11~ 2002
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of r~auphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
NOW,
Affidavit of Service
,20 ,at
o'clock
M. served the
upon
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this ~ day of ,20
Sheriff of
COSTS
SERVICE '
MILEAGE
AFFIDAVIT
County, PA
PRESBYTERIAN HOMES, INC.,
ffd/b/a FOREST PARK HEALTH
CENTER,
Plaintiff
Vo
RALPH W. GRUBER, MARY J.
NEUBAUM, and GEORGE GRUBER, JR.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.: 02-1136
:
: CIVIL ACTION
PRAECIPE TO DISCONTINUE LIS PENDENS
TO: THE PROTHONOTARY OF SAID COURT:
Kindly remove the Lis Pendens indexed against Defendant, Ralph W. Gruber's
property located at 27 Woodlawn Lane, Carlisle, South Middletown Township,
Pennsylvania 17013.
Respectfully submitted,
KILLIAN & GEPHART, LLP
Dated:
Paula J. lX/~Dermott, Esquir"6
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
CERTIFICATE OF SERVICE
On this ~ day of May, 2002, I hereby certify that I served the foregoing
document on the following by depositing a true and correct copy in the United States
Mail, postage prepaid, addressed to:
Thomas E. Flower, Esquire
SAIDIS, SHUFF, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA 17011
KILLIAN & GEPHART, LLP
Paula J. MODermott, Esquire
Attorney I.D. #46664
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
Telephone: (717) 232-1851
pRESBYTERIAN HOMES, INC.,
t/d/b/a FOREST pARK HEALTH
CENTER, plaintiff
RALPH W. GRUBER, MARY .1.
NEUBAUM, and GEORGE GRUBEIL ]R.
Defendants
: IN TIlE coURT OF coMMON PLEAS
: cuMBERLAND coUNTY, pENNSYLVANIA
:NO.: 02-1136
: CIVIL ACTION
TO: THE PROTHONOTARY OF sAID COURT
pRAECIPE
Kindly mark the above-captioned matter settled and discontinued with prejudice.
Respectfully submitted,
KILLIAN & GEPHART, LLP
Dated: May 02, 2002
~ermott, Esqmre
Attorney I.D. ~46664
KILLIAN & GEPHART
218 pine Street
P. O. Box 886
Harrisburg, PA 17108
Telephone: (717) 232-1851
Attorney for the Plaintiff
CERTIFICATE OF SERVICF,
On this Zo) day of. ~ ,2002, I hereby certify that I served the foregoing
document on the following by depositing a tree and correct copy in the United States Mail, postage
prepaid, addressed to:
Thomas E. Flower, Esquire
SAIDIS, SHUFF, FLOWER & LINDSEY
2109 Market Street
CampHill, PA 17011
KILLIAN & GEPHART, LLP
Paula J. M'~Demiott, Esquire
Attorney I.D. g46664
KILLIAN & GEPHART
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
Telephone: (717) 232-1851
PRESBYTERIAN HOMES, INC.,
t/d/b/a FOREST PARK HEALTH
CENTER,
Plaintiff
Vo
RALPH W. GRUBER, MARY J.
NEUBAUM, and GEORGE GRUBER, JR.
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO.: 02-1136
: CIVIL ACTION
TO: THE PROTHONOTARY OF SAID COURT
PRAECIPE
Kindly mark the above-captioned matter settled and disCOntinued with prejudice.
Respectfully submitted,
KILLIAN & GEPHART, LLP
Dated: May 02, 2002
Pauia J. ML'Dermott, Esquire
Attorney I.D. #46664
KILLIAN & GEPHART
218 Pine Stree~
P. O. Box 886
Harrisburg, PA 17108
Telephone: (717) 232-1851
Attorney for the Plaintiff
CERTIFICATE OF SERVICE
On this Z0~ day of ~trJ,_~.~ ,2002, I hereby certify that I served the foregoing
document on the following by depositing a true and correct copy in the United States Mail, postage
prepaid, addressed to:
Thomas E. Flower, Esquire
SAIDIS, SHUFF, FLOWER & LINDSEY
2109 Market Street
Camp Hill, PA 17011
KILLIAN & GEPHART, LLP
Paula J. McDermott, Esquire
Attorney I.D. g46664
KILLIAN & GEPHART
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
Telephone: (717) 232-1851