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Home My WebLink About06-3216PRESBYTERIAN HOMES, INC., Plaintiff, V. WACHOVIA BANK N.A., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN EQUITY4 JUDGMENT NO: OL - _?a1L PRAECIPE FOR SUMMONS TO THE PROTHONOTARY: Issue summons in law against Defendant Wachovia Bank N.A. in matter. X Writ of Summons shall be issued and forwarded to Paula J. McD ott, Esquire, Post & Schell, P.C., 17 North Second St., 12th Floor, Harrisburg, PA 17101 service will be effectuated upon Defendant Wachovia Bank N.A. by Certified Mail, Return Re ipt Requested, and Regular Mail. POST & SCHELIL, P.C. Dated: June 2, 2006 PAULA J. MCI Attorney ID # 4 17 North Secon Harrisburg, PA (717) 731-1970 Attorneys for P] SUMMONS IN CIVIL ACTION TO: WACHOVIA BANK N.A., 301 South College St., YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF ACTION AGAINST YOU. BY THE Date: By: TORY (210t tl-? , ESQUIRE Street, 12'h Floor 7101 NC 28288 COMMENCED AN 1 CJ ta- c> i? -ac- cam' ny?. .? N POST & SCHELL, P.C. BY: PAULA J. MCDERMOTT I.D. #:46664 17 NORTH SECOND STREET 12TH FLOOR HARRISBURG, PA 17101-16(l 717-731-1970 PRESBYTERIAN HOMES, IN ATTORNEYS FOR PLAINTIFF PRESBYTERIAN HOMES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO: 06-3216 CIVIL TERM V. WACHOVIA BANK N.A., IN EQUITY NOTICE You have been sued in following pages, you must tak are served, by entering a writt( the Court your defenses or obj you fail to do so the case may by the Court without further i claim or relief requested by 1 important to you. YOU SHOULD TA NOT HAVE A LAWYER OFFICE SET FORTH BELT court. If you wish to defend against the claims set forth in the action within twenty (20) days after this Complaint and Notice n appearance personally or by attorney and filing in writing with actions to the claims set forth against you. You are warned that if proceed without you and a judgment may be entered against you otice for any money claimed in the Complaint or for any other ?e Plaintiff. You may lose money or property or other rights THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO t CANNOT AFFORD ONE, GO TO OR TELEPHONE THE 'TO FIND WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a expuestas en las paginas en la corte. Si usted quiere defenderse de estas demandas usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Psted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte ?n forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea av entrar una orden contra usted pedido en la peticion de importantes para usted. LLEVE ESTA ABOGADO O SI NO VAYA EN PERSONA O ENCUENTRA ESCRITA ASISTENCIA LEGAL. que si usted no se defiende, la corte tomara medidas y puede previo aviso o notificacion y por cualquier queja o alivio que es t. Usted puede perder dinero o sus propiedades o otros detechos A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, POR TELEFONO A LA OFICINA CUYA DIRECCION SE O PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 POST & SCHELL, P.C. BY: PAULA J. MCDERMOTT I.D. #:46664 17 NORTH SECOND STREET 12TH FLOOR HARRISBURG, PA 17101-16 1 717-731-1970 PRESBYTERIAN HOMES, V. WACHOVIA BANK N.A., ATTORNEYS FOR PLAINTIFF PRESBYTERIAN HOMES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO: 06-3216 - CIVIL TERM IN EQUITY COMPLAINT AND NOW, comes Plaintiff, Presbyterian Homes, Inc. (hereinafter "PHI"), by and through its attorneys, Post & Shell, P.C., and makes the following Complaint against Wachovia Bank N.A.: 1. Plaintiff Presb erian Homes, Inc. is a Pennsylvania non-profit corporation with an address of 1217 Slate Hill Road, Camp Hill, Cumberland County, PA 17011. 2. Defendant W4hovia Bank N.A. (hereinafter "Wachovia") is a banking corporation with an address of Wachovia Corporation, Legal Division, NC0630, One Wachovia Center, 301 South College 3. AWrit of S 4. Mary G. Rehfu: 5. The Will of the Charlotte, North Carolina 28288. ?ns was filed and served in this matter previously. was a former resident at Plaintiff's facility, Cathcart Home. Mrs. Rehfuss established a trust pursuant to Paragraph 11. 6. That paragraph Upon the death o the said beneficiary, Elizabeth S. Haller, the entire corpus oft e Trust, after payment for any fractional year required to be made shall be paid and transferred, and I give, devise and bequeath the same irrevocably as follows: ... (b) One-qua Home, or its su therefrom to be Home, of meml Pennsylvania. ' Nursing Home be a complete e 7. The Cathcart which was never separately 8. Cathcart was a 9. In 1999, name used by Presbyterian 10. Ultimately, the 11. Nevertheless, Hutchison House. 12. Presbyterian pursuant to Section 501(c)(3) 13. As such, individuals in a three-state 14. Defendant, as Rehfuss, erroneously er of the balance thereof to Cathcart Nursing ;essor, Devon, Pennsylvania, in trust, the income 3ed for necessary maintenance and care in said rs of the Ardmore Presbyterian Church, Ardmore, ie receipt of the Treasurer of said Cathcart the time of distribution of this fund is made shall quittance therefor. (Emphasis supplied). was an entity wholly owned by Presbyterian Homes, Inc., name of Presbyterian Homes, Inc. Home became Hutchison House Assisted Living, another trade ets of Hutchison House were sold by Presbyterian Homes. an Homes continues to provide for residents of the is and has been for over 50 years a not-for-profit entity the Internal Revenue Code, and its predecessors. an Homes provides charitable care to many thousands of of the Trust established under the Will of the late Mary that the successor to Cathcart Nursing Home was a for-profit entity. 15. To the contrary, the entity to whom the assets of Hutchison House were sold was legally distinct from Presbyterian Homes, and not affiliated with Presbyterian Homes in any way. - LL' <.LAl?c? i vim i a?aJaraa.a TO PA. C.S.A. &7531, ET SEQ. 16. The averments cf Paragraphs 1-15 above are incorporated hereby as if set forth fully and at length. 17. This Honorable Court, pursuant to 42 PAC §7533, has the right to declare rights pursuant to the Trust established under the Will of the late Mary Rehfuss. 18. It is clear that Presbyterian Homes, Inc., as the successor of Cathcart Nursing Home, should have been provided by Defendant Trustee, with one-quarter (1/4) of the balance of the Trust. 19. Defendant has refused to distribute one-quarter (1/4) of the balance of the Trust remaining at the death of Eliza?eth Haller, the beneficiary, and upon information and belief, has distributed the proceeds to ano?her entity. 20. Presbyterian Homes, Inc. has been damaged by this breach of fiduciary duty. WHEREFORE, Plaintiff respectfully asks this Honorable Court to declare that it is the proper beneficiary under the ill of the late Mary Rehfuss, and entitled to a quarter of the balance remaining at the deat of the beneficiary, Elizabeth S. Haller, with interest, damages, and whatever other costs the Court may consider just and reasonable. II- 21 The averments FIDU Paragraphs 1-20 are incorporated hereby as if set forth fully and at length. ' I 22. Defendant had fiduciary obligation to Presbyterian Homes, Inc., as the beneficiary of the Trust. 23. Defendant breached that fiduciary duty by distributing monies which should have gone to Presbyterian Homes, Inc. to another entity. 24. Plaintiff Presbyterian Homes has been damaged by this breach of fiduciary duty. 25. The failure to provide the money to Presbyterian Homes was intentional and outrageous. WHEREFORE, Plainti respectfully requests this Honorable Court to grant judgment in its favor and against Defendant in an amount equal to one-quarter of the balance of the Rehfuss Trust, with interest, costs, just and equitable. damages and whatever other relief the Court may consider Respectfully submitted, POST & SCHELL, P.C. PAULA J. MitDERMOTT, ESQUIRE Attorney I.D. # 46664 17 North Second Street 12th Floor Harrisburg, PA 17101-1601 (717) 612-6012 Dated: July 10, 2008 Attorneys for Plaintiff VERIFICATION I, %Tcf-F oaviS a duly authorized representative of Presbyterian Homes, Inc., Plai tiff in the foregoing action, hereby affirm that the facts and matters set forth in the foregoi g 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 of 18 Pal C.S. §4904 relating to unsworn falsification to authorities. PRESBYTERIAN HOMES, INC. By Name: SM Title: Chjef Date: ???? 01• 2008 W- 10-(ftcepl I, Paula J hereby certify that on the date the foregoing Complaint upon by sending same in the United Esquire, an attorney at the law firm of Post & Schell, P.C., do forth below, I did cause to be served a true and correct copy of following persons at the following addresses indicated below mail, first-class, postage prepaid and by Certified Mail: Wachovia Bank N.A. Legal Division NC0630 One Wachovia Center 301 South College Street Charlotte, NC 28288 POST & SCHELL, P.C. 1 ?oc ? . rYy?? ??- Paula J. Mc ermott, Esquire Date: July 10, 2008 C7 ? O C rf S.. n -:' POST & SCHELL, P.C. BY: PAULA J. MCDERMOTT I.D. #:46664 17 NORTH SECOND STREET 12TH FLOOR HARRISBURG, PA 17101-1601 717-731-1970 PRESBYTERIAN HOMES, INC., Plaintiff, V. WACHOVIA BANK N.A., Defendant. ATTORNEYS FOR PLAINTIFF PRESBYTERIAN HOMES, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO: 06-3216 - CIVIL TERM IN EQUITY PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw the above-captioned matter with prejudice. Dated: September 14, 2009 POST & SCHELL, P.C. f&4& a. 1*49 owz? PAULA. MCDERMOTT, ESQUIRE Attorney ID # 46664 Attorneys for Plaintiff 6557937v1 CERTIFICATE OF SERVICE I, Paula J. McDermott, of Post & Schell, P.C., do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person via First Class Mail, postage pre-paid, addressed as follows: Thomas W. Hazlett, Esquire Schnader Harrison Segal & Lewis LLP 1600 Market Street, Suite 3600 Philadelphia, PA 19103 POST & SCHELL, P.C. Paula J. McDermott Date: September 14, 2009 6557937v1 OF THE- '"',OTAPY 2009 SEE 15 M I'. U u culm ;, 1`