HomeMy WebLinkAbout06-3198POST & SCHELL, P.C.
BY: PAULA J. MCDERMOTT
I.D. #:46664
12 NORTH SECOND ST., 12TH FLOOR
HARRISBURG, PA 17101-1601
(717) 731-1970
PRESBYTERIAN HOMES, INC.,
Plaintiff,
LORRAINE DIAS, as Power-of-Attorney for
GEORGE DIAS,
Defendant.
ATTORNEYS I!FOR PLAINTIFF
PRESBYTERIAAN HOMES, INC.
IN THE
CIVIL
NO. (DI. -
NOTICE TO DEFEND
You have been sued in court. If you wish to defend again;
following pages, you must take action within twenty (20) days after i
served, by entering a written appearance personally or by attorney a
court your defenses or objections to the claims set forth against you.
fail to do so the case may proceed without you and a judgment may I
court without further notice for any money claimed in the complai
relief requested by the plaintiff. You may lose money or property
you.
OF COMMON PLEAS
COUNTY,
- LAW
e,)*LC`7?
: the claims set forth in the
its complaint and notice are
id filing in writing with the
You are warned that if you
e entered against you by the
it or for any other claim or
:)r other rights important to
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYE AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO O OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CA GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIK
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
800-990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere del
expuestas en las paginas siguien-tes, usted tiene veinte dias de plan
demanda y la notifica-cion. Hace falta ascentar una comparencia e
abogado y entregar a la corte en forma escrita sus defensas o sus 6
contra de su persona. Sea avisado que si usted no se defiende, la a
continuar la demanda en contra suya sin previo aviso o notificacic
decidir a favor del deman-dante y requiere que usted cumpla con t4
deman-da. Usted puede perder dinero o sus propieda-des u otros
usted.
-derse de estas demandas
al partir de la fecha de la
ita o en persona o con un
scions a las demandas en
tomara medidas y puede
Ademas, la corte puede
is las provisio-nes de esta
:rechos importan-tes para
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIA A-MENTE, SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE AGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFIC A CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIA"
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
800-990-9108
POST & SCHELL, P.C.
BY: PAULA J. MCDERMOTT
I.D. #:46664
12 NORTH SECOND ST., 12TH FLOOR
HARRISBURG, PA 17101-1601
(717) 731-1970
PRESBYTERIAN HOMES, INC.,
ATTORNEYS?OR PLAINTIFF
PRESBYTER N HOMES, INC.
IN THE COUR? OF COMMON PLEAS
CUMBERLAN COUNTY,
Plaintiff,
LORRAINE DIAS, as Power-of-Attorney for
GEORGE DIAS,
CIVIL ACTION I- LAW
NO. Ol. - 3 ? (77
Defendant.
COMPLAINT
AND NOW, comes Plaintiff, Presbyterian Homes,
through its attorneys, Post & Schell, P.C., and in support of this
1. Plaintiff PHI is a Pennsylvania non-profit
Slate Hill Road, Camp Hill, Cumberland County, PA 1701 L.
2. Plaintiff operates a facility at Green Ridge Village,
Spring Road, Newville, Cumberland County, PA 17241-9486.
3. Defendant Lorraine Dias, power of attorney for
individual with an address of 209 Park Avenue, Coming, NY 1
4. George Dias is, upon information and belief,
full power to act for him as his power of attorney.
alutl-7l
"PHI"), by and
avers the following:
with an address of 1217
Health Center, 210 Big
Dias, is an adult
and Lorraine Dias has
5. A true and correct copy of Lorraine Dias' power or attorney for her father is
incorporated hereby and attached hereto as Exhibit "A."
6.
Village.
Defendant's mother, the late Jean Dias, was a private ?ay resident at Green Ridge
7. The elder Mrs. Dias died at Green Ridge Village on
8. At the time of Jean Dias' admission, Defendai
admission agreement as Jean Dias' guardian and power of attorney.
9. As such, Lorraine Dias agreed to apply her mot
treatment at Green Ridge Village. No payments have been receiv(
2004.
10. At the present time, the balance due and owing is
and costs.
11. A true and correct copy of the agreement signed by I
Jean Dias is incorporated hereby and attached hereto as Exhibit "B."
12. The averments of Paragraph 1-11 are incorporated
at length.
13. George Dias, by and through his power of attorn
obligation pursuant to the doctrine of necessaries to pay for the
supplies provided to his wife by Plaintiff.
14. George Dias, by and through his power of attorney,
do so.
15. Plaintiff has been damaged by this refusal in the a
attorneys' fees and costs,
ril 7, 2003.
Lorraine Dias signed an
is funds to her care and
on this account since April
plus attorneys' fees
Dias as guardian for
as if set forth fully and
;y, Lorraine Dias, has an
medical care, service and
Dias, has failed to
of $22,000.00, plus
2
WHEREFORE, Plaintiff Presbyterian Homes, Inc.
Court to grant judgment in its favor and against George Dias,
attorney, Lorraine Dias, in the amount of $22,000.00, which
limit for compulsory arbitration, plus attorneys' fees, costs, and
may deem just and equitable.
Respectfully
POST &
PAULA J. MeI
Attorney I.D. #
17 North Secon
12th Floor
Harrisburg, PA
717.612.6012
Dated: June 2, 2006 Attorneys for Plaintiff
3
requests this Honorable
and through his power of
is below the jurisdictional
other relief the Court
P.C.
I Street
7101-1601
VERIFICATION
I, Jeffrey Davis, a duly authorized representative of Presb nan Homes, Inc., Plaintiff,
hereby swear and affirm that the facts and matters set forth in the f?regoing Complaint are true
and correct to the best of my knowledge, information, and belief the undersigned understands
that the statements made therein are made subject to the penalties o 18 Pa. C.S. §4904 relating
to unswom falsification to authorities.
Date: A5 2006
May 17 06 11:44a Lorraine K. Dias 607-
DURABLE GENERAL
POWER OF ATTORNEY
NOTICE
Isis p.6
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU
DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH
MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR
PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU O APPROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DU ON YOUR AGENT TO
EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXE CIS ED, YOUR AGENT
MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN AC ORDANCE WITH THIS
POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HER THROUGHOUT YOUR
LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNL.SS YOU EXPRESSLY
LIMIT THE DURATION OF THIS POWERS OR YOU REVOKE ESE POWERS OR A
COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT' AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE
FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR A
AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POI
EXPLAINED MORE FULLY IN 20 PA. C. S. CH. 56.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU
YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO E
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE
CONTENTS.
APRIL 24, 2000
YOUR AGENT'S
IF IT FINDS YOUR
OF ATTORNEY ARE
NOT UNDERSTAND,
41N IT TO YOU.
I UNDERSTAND ITS
May 17 06 11:44a
Lorraine K. Dias
607-936-11819
DURABLE GENERAL
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, GEORGE
Street, Newville, Pennsylvania 17241, do by these presents make
LORRAINE K. DIAS (hereinafter referred to as "my agent"), my tru
a power of attorney, for me and in my name and on my behalf genen
matters and things, including, without limiting the generality of the i
business, to make, execute, acknowledge, endorse and deliver al
certificates of stock, bonds, car titles, releases of lien or satisfaction k
contracts, orders, releases, checks, notes and endorsements, transfer.
such contracts, specifically including but in no way limited to the e
checks or orders of any nature for the withdrawal of funds standing to
account in any bank, building and loan association or other financis
deposit in any accounts in my name in any such institutions any money
payable or belonging to me; to enter my safe deposit boxes in any ai
and to establish new safe deposit boxes and to add to and to rem
thereof; to borrow money and to mortgage, pledge or hypotheca
personal, now or hereafter owned by me as security therefor; to b
manage, maintain, improve, lease, mortgage, pledge, encumber, conk
of, or take any other action with respect to, any property, real or pe
owned by me, on such terms and conditions as my agent may considr
event of sale of any of my real estate, to execute the sales agreement r
and to make settlement and receive the proceeds; and to prepare,
returns, governmental reports and other instruments of whatever kind,
any and all writin,3g, assuranops, instruments or documents which may
effectuate any matter or thing appertaining or belonging to me.
p.7
B. DIAS, of 935 Center
constitute and appoint
3 and lawful agent under
Ily, to do and perform all
oregoing, to transact all
deeds of conveyance,
fi bonds and mortgages,
and assignments of any
cecution in my name of
my credit in any type of
I institution, and also to
funds, checks or drafts,
d all banking institutions
we any of the contents
e any property, real or
ry, sell possess, insure,
y and otherwise dispose
rsonal, now or hereafter
r appropriate, and In the
nd the deed in my name
:xecute and file any tax
and likewise to execute
he mquisite nr proper to
I hereby authorize my agent to contract with and arrange or my entrance to any
hospital, nursing home, health center, convalescent home, residents I care facility or similar
institution, to authorize medical, therapeutic and surgical procedures T r me and to pay all bills
in connection therewith.
GIVING AND GRANTING unto my agent full authority and pow r to do and perform any
and all other acts necessary or incident to the performance and execu Ion of the powers herein
expressly granted, with power to do and perform all acts authorized he eby as fully to all intents
and purposes and with the same validity as I might or could so if personally present, hereby
ratifying and confirming whatsoever all that my agent shall lawfully d or cause to be done by
virtue hereof.
AND, I hereby declare that any act or thing lawfully done hereunder by my agent shall be
binding on myself and my heirs, legal and personal representatives and assigns.
AND. If incapacity proceedings for my estate or person are ereafter commenced. I
hereby nominate my agent to be appointed the guardian of my estat or person by any court
May 17 06 11:45a Lorraine K. Dias 607-936-1619 P.6
having jurisdiction in accordance with the provisions of Section 56 (c ) (2) of the Probate,
Estates and Fiduciaries Code.
This Power of Attorney shall continue in force and may be aoc
anyone or any entity to whom it is presented despite my purported rev
until actual written notice of any such event is received by such persor
my incapacity from whatever cause, this Power of Attorney shall not
shall thereupon become irrevocable and may be accepted and reliec
entity to whom It is presented despite such incapacity, subject only to it
further effect only upon receipt by such person or entity either of (t
appointment of a guardian (or similar fiduciary) of my estate following :
or (2) written notice of my death. This Power of Attorney shall
subsequent disability or Incapacity.
This power of attorney shall rescind and revoke any other
made by me.
IN WITNESS WHEREOF, I have hereunto set my hand and
2000.
W SED BY:
COMMONWEALTH OF PENNSYLVANIA
:SS:
COUNTY OF CUMBERLAND
On this, the 24TH day of April, 2000, before me, the under
appeared GEORGE B. DIAS, known to me or satisfactorily proven
name is subscribed to the within instrument, and acknowledged that I
purposes therein contained. 'A
NoMdef Se51
Hsob S. erM Ie, Nobrc POIC
cadwe am, c dXKWetl came
MycammIeson ExPIMS sePL 23, 2002
Membx, PWMY1vmm ru`,pMOlWnof Nolef4ee
ipted and relied upon by
nation of it or my death,
or entity. In the event of
thereby be revoked but
upon by anyone or any
becoming void and of no
written evidence of the
djudication of incapacity,
not be affected by my
of attorney previously
this 24TH day of April,
ned officer, personally
be the person whose
executed same for the
May 17 06 11:45a Lorraine K. Dias 607-936-
1819 p.9
I, LORRAINE K. DIAS, have read the attached Power of Att0ey executed by
GEORGE B. DIAS and am the person identified as the Agent for the MRINCIPAL. I hereby
acknowledge that in the absence of a specific provision to the contra in the Power of Attorney
or in 20 PA. C. S. when I act as Agent: ''
I shall exercise the powers for the benefit of the PRINCIPAL.
I shall keep the assets of the PRINCIPAL separate from my
I shall exercise reasonable caution and prudence.
I shall keep a full and accurate record of all actions, receipts
behalf of the PRINCIPAL.
e
April 24, 2000
COMMONWEALTH OF PENNSYLVANIA ;
:SS:
COUNTY OF CUMBERLAND
On this, the 24TH day of April, 2000, before me, the
appeared LORRAINE K. DIAS, known to me or satisfactorily
name is subscribed to the within acknowledgment and acknoy
for the purposes therein contained.
WITNESS my hand and seal the day and
NMOAdaW
Niioltl 8. hwY? 14, NMry Puck Notary
GMd0 sm. Cunbefto CmauV
CiwgfflWOn WW SWL 23, 2W2
Mo1nhW P°'^+M'A"B '•SSDCM!k!n M.Ndafle!
disbursements on
igned officer, personally
to bq the person :chose
that she executed came
09/25/2003 10:13
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P.C. Operator
PHT
779-e349
% PRESBYTERL-.v HOMES, INC
NLTRSLNG CARE ADMISSION :MGR
1. INTRO DUCTIOY
PAGE 17
p.1
s AErmconent is a contract between the parties listed below setting for many rights and responsibili-
_es of :lee nursiag facility and the resident.
L--r.- ;erm case facilities and residents of longterm cart facilities have o er rights and resnonsibiIities
unc_: Pennsyivanil law. All of these dt<hrs are not listed below. however w r
exmtu that. this or any
0 ?.=- agreement. or nt--=g f iciliry policy, attempts to waive or limit the gal rights of a resident, such
t. ;-cmpted waive- or limitadon is uncrforceable and may give rise ro a action against the facility.
A..so, to the exrer_r that this Agreement conflicts with any cttzrent qr future provision of law, the law is
CL, oiling.
Residents of a facility that has been certified to participate in' Medic?e or. edicaid (i.e. the Pennsyiva-
niz Medical Assistance Program) have addidotral rights under federal law. r:Ts hese tights generally extend
to a csidcnts of a ::cd farlides, whether or not Medicare or Medicaid paying for this care.
? PA?ITIES
%e uarties;o this .dye FAX V are:
(a) Qd[ (herein "the facility'7. and.
(b iii (herein "the resident"; if someone other t:'i the resident is named,
in cite that indivicus relationship to the resident, for example, legal g, orattorney-in-fact).
T.:e parties to tins Agreement recognize that the facility C=ot require a 140y competent person to
des:g_nate an arromey-in-fact or other responsible part' as a condition flora on as a Resident.
If a ::silent is nor a paxty to this Agre?men4 the responsible parry is a itiri to enforce all rights per-
iai^ting to sesddericr on behalf of the resident and resident is entitled ro The me rights and privileges as
accored to fully responsible residents who sign the Admission Agreement
3. MEI)ICAREIMEDICAID CERTIFICATION
T:.e facility is cz: fied to participate in the Medicare and Medicaid progra*. Provider participation in
the Medicare and/or Medicaid program is subject to termination by the f ty or by the responsible
Bove.nmeriml endty.
a. CHARGES
Et. Covered services:
Beginrting on the facility will admit the resident,
herein. lituess and until the resident is eligible to have his or her paid for by Medicare or
Medicaid. the facility will charge the per diem rate in Attachment for the provision of long
term care sert:icts. This charge covers all loom and board, items, uipment and services tea
sonably related to the care and treatment of the resident, Payment i due on the 06
day of the month. Charges in addition to room and board arc inciud d in Attachm fit A. {?-,,, ?h ??,?
'flat. will be no charge for any service, equipment or item which i not actually provided to the "'""
reSIG9.^.L
b. Changes in charges
The °aciiit-i may amend the charges set forth in the preceding sec" n (a(a)) upon thirty (30) days
ancior an oral notice to the resident, legal representative (if ne exists) and responsible
pa.;; fif or.::xists).
;y
Al 0-02
09/25/2003 TH 10:28 [T% ry;,;y
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349 p•2
Sep 24 03 091588 p.c. Operator
e Rebate on dLsc!rarge
If the resident is discharged prior to the end of the mmnth, the will provide a pro-rug mfurd
of any prepayment for covered services within 30 days of the of dischuge.
d. Billing Medicare
Payment for tesidents who are Medicare eareilees is aot d e unless and until Medicare has
determined that there is no coverage. The facility hereby ackn wledges its legal miponsibility to
submit any clamor for payment to the Medicare program if teq ' to do so by or on behalf of the
resident.
e. Billing Medicaid Residents
Payment amounts for residents who are entitled to Medicaid determined by the Pennsylvania
DcparrmentofPuhUeWelfam.AnypaytffiatmadetoaMMtsr.i.? f?tyfordiecost ofcam
fora private pay resident who is Later found to be eligible far cal Assistants will be tdundcd
within Aye(3)days ofnotiBcadonoftesidenteiigibility.T3ep hereto tecogirizedatitisillegal
for a Medicaid ecrri$ed facility to charge, solicit, accept orrel ei addi ionaI monies beyond what
the Medicaid program deterinines is due, as a condition for S. atpedidng the admission of,
or retaining a resident snider Medicaid.
The parties recognim that a Medicaid cadecd facility may char for items, equipment or services
not reimbursable under the Medicaid program, if the provision such item, equipment or service
and the charge therefore is disclosed and agreed to in advatrce, p to law. Medicaid recipients
whoart: uncertain whether anitaniorserviccisnotteimbursable the Medicaidprogtamshould
contact the Deputrunt of Public Weifarr, Long Term Care C8 Services at (717) 772-2500.
f. Obtaining Private Payretent and Public Benefits
The facility will assist the resident and orb= acting on behalf at die resident in applying for and
obtaining =Ivate insutance and public benefits to cover the cost thn resident's trot
The resident epees to cooperate to the best of his or her ability ' any such application
g. Interference
The parries ac'mowiedge that a Medicaid certified facility may require, in writing of orally, a
prormse that a resident will remain in private pay stems orTchain from applying for Medicaid for
a specified period of tune.
h. Financial Guarantor
The parties acknowledge that uttder Pennsylvania law, this A at standing alone is insuffi-
cient to legally bind any individual as financial gua:satua for paved hmeutidCr. Any other
person signing this nteemont is only obligated to make payment the tesideat't funds and
only to the extent Thu those funds are available to such srgirrng n. Therefam if a gttarantat
agreement exists, it is anached hereto as Attachment B.
S. PROTECTION OF REMIUVr'S PROPERTY
The facility will take reasonable steps to prevent the theft or loss of the reodent's property.
The resident is not : eauired to deposit personal funds (including, but not 'rod m Social Security and
pension checks) with the fa&Xty. If the resident wishes,.however, the factility will hold, safeguard and
account for any personal funds deposited with the fatality, in accordance itit sate and federal law.
The parties acknowledge that any resident Hinds held by the facility are st
state and/or federal law governing access to the turicis, mandatoty posting
the scams of said funds.
T}re procedure for filing claims for property of the resident which is lost
Attachment C.
09/25/2003
to variwrs provisions of
erect and reporting on
stolen is set forth in
10:26 [TX/RX NO 51531
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Sep 24 03 09169a
7177376763
p,C. Operator
PHI
776
(, DISCHARGE OR TRANSFER OF THE RESIDENT FROM THE
a. Reasons for Transfer or Discharge
The facihry will not discharge or =Asfer the resident froin the h
for his or her welfare or that of other tesidcnts, for nonpayment I
has made reasonable effors to collet; the debt, or if the taCli:y
b. Notice of Transfer or Discharge
in the evenr that adischarge ora':rsferis necessary and. exceprin i
30 days advanca written nodce to the resident, to any legal fepre
(if one exists) and to other required by law to receive this notice
the reason for the wansfer or discharge, the enecdve date of the tra
to which the resident will be transferred or discharged.
The notice will also set forth any appeal righrs that the resident 1
Wormadon required by state andlor federal law. In the event of
give the resident as much notice as is possible under the cscum:
^ p.3
cxceutfor medical reasons,
or he» stay after the facility
operate.
ew cgency, the facilirywill give
tntadve, to the responsible parry
110 written notice will set forth
sfer or discharge and the location
under law and additional
emergency, the facility will
c. Facility Responsibility for Transfer or Discharge
In the event that a aansfer or discharge is ne essaty, the faciity I provide sufflrentprepam-
don to assure that the tsnsfe; or discharge is safe and orderly. Tn facttty :s responsible for
transferring the resident :o an approoriate level of car.
d. Holding the Resident's Bed Lt Pon Transfer
1. HOSPITALIZATION. in the went hat the esident is
the facility will hold the resident's bed for up w fifteen day .
Medical Assistance eligibio and the faciliry is Medical As '
If the resident is endded to Medicaid benefits for the peal
certified under the Medicaid program, the facility will acre
payments as payment in 511.,If the resident is not Medical
the facility :will ac----pt di. normal per diem listed in Attach
7- THERAFEL?IC LEAVE. In the event the resident is ohs
therapeutic leave, the facility will hold the bed upon pavrnc
Me dzeal Assistance intez:m per diem rare, or, if the facility i
Medical Assistance, upon payment of the per diem rate list
If the residentYz entitled to 4edicaid bc.Wits during therap
the facility will accept Medicaid bed hold payments (limited
tale idar year for skilled care residents and 30 days per railer
intcrmediate care residents) as payment in full. The resident
beg±ns on the day of Ist dherapeutic leave.
3. NEWT.. AYAII.ABLE BED. In the event the rosidsat and o
resident choose not to pay to reserve a bed as set forth in pat
the resident is nevertheless ended to the next available bed
to return to the facility.
7. TRANSFERS WITFILN THE FACILITY
sferr= to a hospital,
if the Zsident is
ante :etdnod..
and the facility is
: Medicaid bed hold
ssistance eligible,
[cat A,
at from the facility on
t of the facility's
not ce-afled tinder
l in Aaachment A.
udc leave,
to 15 days per
year for
s calendar year
acing on behalf of the
ihs (1) and (2),
t he/she is ready
rat resident will not be transfer ed within the facility exc. t for medical tt ens, for his or her welfare
or that of other residents, or with the voiuntary consent of the resident or ;us or he legal representative.
In the event of a transfer hereunder. e:.cevr in an emergency, the facility 4 give prompt advance notice
to the resident, to the responsible nary (ii one exists), to any legal mpresea dve and to any fitmay
mt.IIibc who is known to the faclity, The notice will state the -mson for the transfer, the effective dat0
and the location to witch the resident will be :roved,
in the event that a trars:e: within the foci rl is necessary, the facility will pr vide sufr3clenr preparation
to assure that the ansferis safe and orde,:y.
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PHI PAU-- ro
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3. RESIDENT'S RIGHTS
The parties recognize that federal and star law guarantee the resident o errights which are not set forth
fully in this agreement. The facility agrees to uphold sA of the tights of resident undue federal and
state law. Resident rights are included in Attachment D.
9. VISITING HOURS
ti504QfX&A.., cl?p1 rkq bd).
Visiting hours are open, however the'facility 4:00 pmt) -With
h
-the'2 $Lratlon in-advaccer?y „ail1 ,,7
10. RESOLVING RESIDENT AND FA,IMMY CONCEIL4'
tThe parties recognize the right of the resident to recommend changes in
Wiry of the facility to respond to the suggestions of the residents Arm
mamrer by which a resident or others acting on behalf bf the resident car
the steps which the facility will take to encourage and assist residents in
method by which the facility will review and respond to the suggutsrim s:
an their behalf.
The parries recognize that the Pennsylvania Department of Aging hum i
nursingfzeJity in the state. The Otabudsmartmay assist thetesidentorothu
in resolving disputes with the facility.
11. REGULATORY AGENCIES
The parties recognizc that the facility is licensed by the Department i
Pennsylvania Department of Welfare and the HxWth Care binantang
mart of Health and Human Services. Both patties recog"i= that reg
wnditions of this agecrocnL
L» CIVEL RIGHTS COMPLIANCE
facility and the respond-
E hereto sets forth the
suggest changes w she facility,
gg their conceW, Stud the
f nidents and others acting
an Ombudsman to each
acting of behalf of the resident
Presbyterian Homes' facilities ass: open to all in need of = ssviom and
Presbyterians. Also, in accordance with the Federal Civil Rights Act and
Relations Act, P.L. 744:
This faeiliry has agreed to comply with the provision of the Fodca
and the Pennsylvania Saman Relations Act, and allregnisements l
to the end that no persons shall on the grounds of race, color. relig
ancestry, age, sax, handicap or disability should be wmWded from
benefirs of, or otherwise be subject to dls riminadonin the pmvW
The noa disc:i?mioataty policy of the institution applies to residem
employees, Under no cfrtumstances will the application of this pc
of buildings, wings, floors, and moms for reasons of nee, color, n
ancestry, age, sex, handicap, or disability.
13. SIGNATURES
Adounristrator C3F A?Y..2Qtw't
Date
or
th and is mgularcd by the
isnadon o uhf a US_ Depaa-
changes may alter the
not restricted to
Pennsylvania Human
tvvil Rigts Act of 1964,
oposed putzaamt thereto,
ms creed., national origin,
attfcipating in, be denied
u of any cast or service.
, physicians, and all
[cy result in the sc;mption
igious aced, national origin,
Witness (If the dente signs by a made
or rs another)
09/25/2003 * 10:26 [T%/Rt NO 51533
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POST & SCHELL, P.C.
BY: PAULA J. MCDERMOTT
I.D. #:46664
12 NORTH SECOND ST., 12TH FLOOR
HARRISBURG, PA 17101-1601
(717) 731-1970
PRESBYTERIAN HOMES, INC.,
ATTORNEYS OR PLAINTIFF
PRESBYTERIAN HOMES, INC.
IN THE COURTI OF COMMON PLEAS
CUMBERLAN COUNTY,
Plaintiff,
LORRAINE DIAS, as Power-of-Attorney for
GEORGE DIAS,
CIVIL ACTION LA/W/ ?I
NO. ?? - I9tS l lv??JL
Defendant.
LIS PENDENS
TO THE PROTHONOTARY:
Kindly impose a Lis Pendens relative to the above-captioned i
located at 935 Center Road, Newville, Cumberland County, PA 1
POST &
PAULA J. MCI
Attorney I.D. #
17 North Front
12th Floor
Harrisburg, PA
(717) 731-1970
on the property
P.C.
, ESQUIRE
7101-1601
Attorney for Plai?tiff, Presbyterian Homes,
Date: June 2, 2006 Inc.
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POST & SCHELL, P.C.
BY: PAULA J. MCDERMOTT
I.D. #:46664
17 NORTH 2ND STREET, 12TH FLOOR
HARRISBURG, PA 17101-1601
(717) 731-1970
PRESBYTERIAN HOMES, INC.
Plaintiff,
V.
GEORGE DIAS, by his Power-of-Attorney,
LORRAINE DIAS
Defendant.
ATTORNEYS FOR PLAINTIFF
PRESBYTERIAN HOMES, INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CTY., PENNSYLVANIA
NO: 06-3198
CIVIL ACTION - LAW
LIS PENDENS
TO THE PROTHONOTARY:
Kindly impose a Lis Pendens relative to the above-captioned matter on the property
located at 935 Center Road, Newville, Cumberland County, PA 17241.
POST & SCHELL, P.C.
PAULA J. CDERMOTT, ESQUIRE
Attorney I.D. # 46664
17 North Front Street
12th Floor
Harrisburg, PA 17101-1601
(717) 731-1970
Attorney for Plaintiff, Presbyterian Homes,
Date: June 12, 2007 Inc.
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