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HomeMy WebLinkAbout02-2284IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff CHRISTINE E. HOLSTON Defendant CIVIL ACTION - LAW/EQUITY 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 OUT WHERE YOU CAN GET LEGAL HELP. Lawyers Reference Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 71795 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff CHRISTINE E. HOLSTON Defendant NO. Oa - CIVIL ACTION - LAW/EQUITY COMPLAINT AND NOW, COMES, Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center, by and through its attorneys, Latsha Davis & Yohe, P.C., and files the within Complaint against Defendant, Christine E. Holston, and in support thereof, provides as follows: 1. Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center (hereinafter "Claremont"), is a county residential long term nursing care facility whose offices are located at 1000 Claremont Road, Carlisle, Pennsylvania 17013. 2. Defendant, Christine E. Holston (hereinafter "C. Holston'), is an adult individual currently residing at 302 Fairview Street, Carlisle, PA 17013. 3. At all times relevant hereto, Defendant C. Holston held herself out as the attorney-in-fact and person responsible for the financial affairs of Moses A. Naylor, who 71795 resided at Plaintiff Claremont's nursing care facility located at 1000 Claremont Road, Carlisle, Pennsylvania 17013, until he passed away on October 21, 2001. 4. On or about December 9, 1998, Moses A. Naylor, by and through his attorney- in-fact Defendant C. Holston, made application for admission to Plaintiff Claremont's nursing care facility located at 1000 Claremont Road, Carlisle, Pennsylvania, 17013. A true and correct copy of the application is attached hereto as Exhibit "A.' 5. Plaintiff Claremont accepted Moses A. Naylor as a resident on or about December 9, 1998, based upon those representations made by his attorney-in-fact, Defendant C. Holston. See Exhibit "A.' 6. On December 9, 1998, Plaintiff Claremont and Moses A. Naylor, by and through his attorney-in-fact Defendant C. Holston, entered into an Admission Agreement ("Agreement"). A true and correct copy of the Agreement is attached hereto as Exhibit "B.' 7. Pursuant to the Agreement, Plaintiff Claremont agreed to provide Moses A. Naylor with nursing care in exchange for the payment of a specific monetary fee. 8. Pursuant to the Agreement, Moses A. Naylor agreed to pay Plaintiff Claremont from his assets and/or resources for all nursing care and services which Plaintiff Claremont rendered to him. 9. As consideration for admitting Moses A. Naylor to its nursing care facility, Defendant C. Holston agreed to use Moses A. Naylor's assets and/or resources to pay for all nursing care and services which Plaintiff Claremont rendered to him and to make timely and complete application on behalf of Moses A. Naylor for Medical Assistance to the State Department of Welfare when he became eligible for such assistance. 71795 2 15. Plaintiff Claremont entered into a written agreement with Defendant C. Holston, pursuant to which Plaintiff Claremont agreed to accept Moses A. Naylor as a resident at Plaintiff Claremont's nursing care facility and to provide him living accommodations, dietary services, medication/pharmacy services, and general nursing and medical care, in exchange for Defendant C. Holston's promise to act as Moses A. Naylor's responsible party and perform those duties set forth in the Agreement. 16. Pursuant to the terms and conditions of the Agreement, Defendant C. Holston agreed to make timely and complete application for Medical Assistance on Moses A. Naylor's behalf when he became eligible for such assistance and to pay Plaintiff Claremont from the assets and/or resources of Moses A. Naylor for all nursing care and services rendered to him by Plaintiff Claremont. 17. Defendant C. Holston failed to make timely and complete application for Medical Assistance on Moses A. Naylor's behalf. 18. Defendant C. Holston failed to pay Plaintiff Claremont from the resources and/or assets of Moses A. Naylor for all nursing care and services rendered to him by Plaintiff Claremont. 19. As a direct result of Defendant C. Holston's failure to make timely and complete application for Medical Assistance and to pay Plaintiff Claremont from Moses A. Naylor's resources and/or assets, Plaintiff Claremont has incurred damages in the amount of Fifty Three Thousand Fifty and 08/100 Dollars ($53,050.08). 4 10. Defendant C. Holston failed to use Moses A. Naylor's assets and/or resources to pay Plaintiff Claremont for all nursing care and services that Moses A. Naylor received at Plaintiff Claremont's nursing care facility and to make timely and complete application for Medical Assistance on Moses A. Naylor's behalf when he became eligible for such assistance. 11. Defendant C. Holston, as Moses A. Naylor's attorney-in-fact and person responsible for his financial affairs, had a fiduciary duty to perform Moses A. Naylor's duties under the Agreement, specifically to use Moses A. Naylor's assets and/or resources to compensate Plaintiff Claremont for all nursing care and services that it rendered to him, and not to convert and/or fraudulently transfer Moses A. Naylor' assets and/or resources to herself and/or others. 12. Upon information and belief, Defendant C. Holston breached her fiduciary duties owed to Moses A. Naylor, to which Plaintiff Claremont was a beneficial party, by converting his assets and/or resources to herself and/or others. 13. Upon information and belief, in her capacity as Moses A. Naylor's attorney-in- fact, Defendant C. Holston transferred and/or distributed Moses A. Naylor's assets and/or resources identified in Exhibit "A" to herself and/or others in contravention of her fiduciary duties owed to Moses A. Naylor, to which Plaintiff Claremont was a beneficial party. COUNT I - BREACH OF CONTRACT Plaintiff Claremont v. Christine E. Holston 14. Paragraphs 1 through 13 above are incorporated herein by reference as if fully set forth at length. 7~795 WHEREFORE, Plaintiff Claremont demands judgment in its favor and against Defendant Christine E. Holston in the amount of Fifty Three Thousand Fifty and 08/100 Dollars ($53,050.08), plus interest and such other relief as deemed appropriate. COUNT II - BREACH OF FIDUCIARY DUTY Plaintiff Claremont v. Defendant Christine E. Holston 20. Paragraphs 1 through 19 above are incorporated herein by reference as if fully set forth at length. 21. Defendant C. Holston, at all material times to this cause of action, represented herself to be Moses A. Naylor's attorney-in-fact and person responsible for his financial affairs. 22. Defendant C. Holston, at all material times to this cause of action, acted as Moses A. Naylor's attorney-in-fact and person responsible for his financial affairs in dealing with Plaintiff Claremont. 23. As Moses A. Naylor's attorney-in-fact and person responsible for his financial affairs, Defendant C. Holston had a fiduciary duty to Moses A. Naylor, to which Plaintiff Claremont was a beneficial party, to insure that Moses A. Naylor's account with Plaintiff Claremont was kept current by using Moses A. Naylor's assets and/or resources to pay Plaintiff Claremont for the nursing care and services that it rendered to him. 24. Defendant C. Holston breached her fiduciary duties owed to Moses A. Naylor, to which Plaintiff Claremont was a beneficial party, by failing to use Moses A. Naylor's assets and/or resources to keep his account with Plaintiff Claremont current, and, instead 7~795 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff Mo CHRISTINE E. HOLSTON Defendant NO. OP. - ~f CIVIL ACTION - LAW/EQUITY 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 accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defendsas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede set dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Lawyers Reference Service Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166 71795 converting and/or fraudulently transferring Moses A. Naylor's assets and/or resources to herself and/or others. 25. As Moses A. Naylor's primary care giver, entity responsible for his day-to-day care, and beneficiary of the power of attorney between Defendant C. Holston and Moses A. Naylor, Plaintiff Claremont, as a direct result of Defendant C. Holston's breach of her fiduciary duties, has incurred damages in the amount of Fifty Three Thousand Fifty and 08/100 Dollars ($53,050.08). WHEREFORE, Plaintiff Claremont demands judgment in its favor and against Defendant Christine E. Holston in the amount of Fifty Three Thousand Fifty and 08/100 Dollars ($53,050.08), plus interest and such other relief as deemed appropriate. COUNT III - CONVERSION Plaintiff Claremont v. Defendant Christine E. Holston 26. Paragraphs 1 through 25 above are incorporated herein by reference as if fully set forth at length. 27. Upon information and belief, Defendant C. Holston has misappropriated, converted and deprived Moses A. Naylor of his right in, use and/or possession of those assets and/or resources identified in Exhibit "A.' 28. Upon information and belief, Defendant C. Holston's misappropriation, conversion and deprivation of Moses A. Naylor's right in, use and/or possession of those assets and/or resources identified in Exhibit "A' were beyond her authority as Moses A. Naylor's attorney-in-fact and with the intent to hinder or delay their transfer to Plaintiff Claremont. 6 29. As a result of the foregoing unlawful actions of Defendant C. Holston, Plaintiff Claremont has incurred damages in the amount of Fifty Three Thousand Fifty and 08/100 Dollars ($53,050.08). WHEREFORE, Plaintiff Claremont demands judgment in its favor and against Defendant Christine E. Holston in the amount of Fifty Three Thousand Fifty and 08/100 Dollars ($53,050.08), plus interest and such other relief as deemed appropriate. COUNT IV - FRAUDULENT TRANSFER Plaintiff Claremont v. Defendant Christine E. Holston 30. Paragraphs 1 through 29 above are incorporated herein by reference as if fully set forth at length. 31. Upon information and belief, Defendant C. Holston, as Moses A. Naylor's attorney-in-fact and person responsible for his financial affairs, transferred those assets and/or resources identified in Exhibit "A" to herself or others without adequate consideration and for the purpose of hindering and/or delaying their transfer to Plaintiff Claremont. 32. Upon information and belief, Defendant C. Holston accepted the aforementioned transfers of Moses A. Naylor's assets and/or resources with full knowledge that the purpose of their transfer was without the intent to pay Plaintiff Claremont for those nursing care and services that it rendered to Moses A. Naylor. 7 WHEREFORE, Plaintiff Claremont demands judgment in its favor and against Defendant Christine E. Holston in the amount of Fifty Three Thousand Fifty and 08/100 Dollars ($53,050.08), plus interest and such other relief as deemed appropriate. Respectfully submitted, LATSHA DAVIS & YOHE, P.C. Dated: Kimber L. Latsha, Esq. Attorney I.D. No. 32934 Chadwick O. Bogar, Esq. Attorney I.D. No. 83755 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center 71795 8 05/01/2002 10:46 2401943 PERSONNEL PAGE 02 V1/KII~ICATION The undersigned hereby yeti/les tlmt the st=~emer~ of fact i~ ~he fore$oin$ Complaint ~-e true and correct to the bea~ o,~ my knowleclBe, in/ormation and belie/. I understand that any false ~tatement~ therein ~e $ubject to the penaltie~ contained in 18 Pa. C. $. § ~ relatin~ to unswom fal$ific=tion to authorities. Deborah Shushar~, AdmYdstraWr County of Cumberland, Claremont Nursing and Rehabilitation Cc, nter Exhibit A M.AR.-,07' O0(TUE) 11:04 GNRG ~s~DIGAL REGORDS TEL'?17 240 1934 P. O04 (717] FAg#: [717] ~40-1954 PRIZ4.&RY FA/~ILY CONTACT pERSON: ' ~ ..... ~ Telepbo~ ~a~e AdSress WOrk Telephone - ' H~ Telep~e ' N~e and Relacionshlp ~ Add, ess ' ~ork Telephone DOB~ ~PLIC~ ~VK A L~G~ D~LE pO~R-OF-A~O~T Name and Relationship Address Telephone A~S$ZON DAT MAR. 7.07' O0(TUE) 11:04 ' A~P~CATION CNRC '~UIGAL RECORDS TEL'VI7 240 1934 ! ?,005 __ BLUE CROSS FINANCIAL SOCIAL SECI~AITY ANNUITY INCOME $ --"------' ASSETS: HAVE AI~ ASSETS B~EN TRANSFEIL",ED DI~ING THE PAST 3 ? LIST SET AND DA~E O~ %'RANSFEI~. pI!EFEP, P, ED FUNERAL HOM~ Address Please include copies of &ppropria~e cards (Social Secu=ity, Medicare, etc,). any additional ehse~s Of paper needed co explain insurance information. please add Exhibit B .~AR.~O7'001TUE) 11:05 CNRC MFnlOAL RECORDS TEL:717 240 1934 .t I:,,,.I,,~h¢,l P. O07 Batty W. Pa~'k& D. Ed., N.H.&. admmlsfremr NancyA. Besch A~ part of admission to Claremont Nursing and Rehabilt~ati~ ~,i~a. C~er, t~ Reeid~t ~d t~ Res~ible ~r~y assisting ~e a~l~ge and agr~ to t~ W.~ai,m*. 1. I~ Clar~ ~st~g a~ Re~bili~att~ C~er d~e~nes S~t~ care, t~ ~s~d~ ~11 di~e f~ Clar~nt ~si~ and John s. ~d ~bll~ta~lon C~er ~oll~ng a 30 ~y notification of t~ n~d ~le/~,* ~e alte~a~e l~ng arra~nts. : ~nnlsR. M=lon 2. I~ ~ ~s~d~ ~ ~lify for ~ge ~der t~ ~diual c.u.~mlnisrra~w ~8~sta~e or ~icare pr~r~, ~ ~eside~ will ~y ~atly rate for 3. ~ Res~i~e ~rty (~ar~tor) ass~es ~t ~ Resident's ~11 ~ ~id fr~ t~ Resid~'s assets/fu~. If ~ ~s~nsible P~by ~11 ~e ~ ~ a~*~ Of t~ ~st~ If ~ ~si~ d~s not ~lify for ~di~al ~ _._ ~simtance ~, the ~s~ible P~ty will arr~ uzsc~gm cdr Residen~ if ~ bill ~s not ~d in a ~ly ma~er. 4. U~ess o~h~ise pr~td~ for or desi~a~, t~ ap~in~s :~ '~istra:or of cla~nt N=slng ~& C~:er ~ ~std~'s la, u1 a~o~ey, ~o a&k, d~nd, ~e for, ~11~, r~r ~d r~ei~ all ~ of ~ey, de~s, a~ts, l~acies, d~e, ~es~s or any o~ ~s ~ich are ~w or a~ll he,after ~ ~, ~ wi~aw f~s fr~ ~Y ~s = de~sits Xn ~i~ ~ R~td~ ~s any ~r~; sell, ~t ~d c~Y ~ Resi~ent's pro~r~y, ~al and ~rsonal, for su~ price as ~ a~[orney-in-fa~ d~ms ~s~ aris ~ all a~s go ~ all a~ ~o ~ ~t t~se ~rs an~ ~o t~n ~sr ny ~ey so ~llec~d or rsca~ to the ~=er ~o ~ ~ld in t~t for ~n~ of ~ Remi~n~'a past ~ fu~ ~tn~an~. So long as is any ~ uf ~n~ due ~ C~g~ f~ ~ Resid~, the ~r ~ s~ll not ~ ~Je~ Lo re~att~; ~r ~ail this ~r aff~:~ by ~he Reslde~t's ~i~bility or inca~city, physical or 5. ~ ~sident authorizes clapt ~rsing and Rehabili:a~ion omnber ~ ~el~a~e infoma:i~ ~ncerning t~ir assets, real or ~r~nal, =o ~he ~rla~ Co.tM ~ard Of Continued. · · 37§ C|,'lremOOI [:)rive · Carh~le. ~A t701~-8805 · 717.24~'2031 or 717-76645[R · Fax. 717'')40't05] MAR. n'O7'OO(TUE) 11:05 CNRC"'DICAL RECORDS TEI'Vl7 240 1934 P, O08 Bage 2 Pr~, the~sid~t ~d Res~ibl~ P~ty re~i~ ~t all in~ t~ ~sidenC r~i~s during the ~h of a~isaion~ Cla~nt ~sing and Re~bilitation C~r, r~rd~ess a~ission, ~le~s~i~dby t~c~rland C~nty~rdof ~ Resider and Rgs~sible P~ty ac~l~ge t~t all fut~ in~ Pr~, ~ ~ ~d ~o elar~nt N~si~ In~ ~ a~l~m~ to charges for care ~11 ~e~ ~ or ref~d~. SHERIFF'S CASE NO: 2002-02284 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY OF CLAREMONT VS HOLSTON CHRISTINE E RETURN - REGULAR KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon HOLSTON CHRISTINE E the DEFENDANT at 1415:00 HOURS, on the 20th day of May at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ 2002 CARLISLE, PA 17013 CHRISTINE E HOLSTON a true and attested copy of COMPLAINT - REQUEST FOR PRODUCTION OF DOCUMENTS by handing to EQUITY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this J~ day of ~j.. _ ~ ~L A.D. ~ /Prothonotary So Answers: R. Thomas Kline 05/21/2002 LATSHA DAVIS YOHE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff, CHRISTINE E. HOLSTON, Defendant. NO. 02-2284 CIVIL TERM CIVIL ACTION - LAW/EQUITY To: Christine E. Holston 302 Fairview Street Carlisle, PA 17013 PRAECIPE FOR DEFAULT JUDGMENT, ASSESSMENT OF DAMAGES, AND VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment in favor of the plaintiff and against the defendant above named for want of an answer, and assess the plaintiff's damages, exclusive of interest, as follows: Judgment in the amount of $53,050.08, plus interest. Understanding the false statements made herein are subject to penalty under 18 Pa. C.S.A. § 4904, Unsworn Falsification to Authorities, ! verify that: 1. The above is the precise last known address of the Defendant. 2. The annexed notice of intention to file praecipe was mailed to defendant and to her record attorney, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 75739 3. The said defendant is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Relief Act and is over 18 years of age. Dated: Respectfully submitted, LATSHA DAVIS & YOHE, P.C. Chadwick O. Bogar Attorney I. D. No. 83755 P.O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Plaintiff, Claremont Nursing & Rehabilitation Center This d f / ay o , F~Lt./' ,2002, Judgment is entered in favor of Plaintiff and against Defendant by/Default for want of an answer and damages assessed at the sum of $53,050.08, plus interest, as per the above certification. Notice given pursuant to Pa. R.C.P. 236. Prothonotary 75739 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff CHRISTINE E. HOLSTON Defendant NO. 02-2284 CIVIL TERM CIVIL ACTION - LAW/EQUITY toz Christine E. Holston 302 Fairview Street Carlisle, PA 17013 DATE OF NOTICE: June 12, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 (717) 249-3166,,.__ Cha~wikO B g~ E ~' ' c . o r, sq. Attorney I. D. No. 83755 Latsha Davis & Yohe, P.C. P. O. Box 825 Harrisburg, PA 17108 (717) 761-1880 Attorneys for Plaintiff, County of Cumberland Claremont Nursing and Rehabilitation 75327.1 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe for Default Judgment, Assessment of Damages, and Verification of Address and Non-Military Service was served by first-class United States mail, postage prepaid, upon the following: Christine E. Holston 302 Fairview Street Carlisle, PA 17013 Dated: K~-nTtberly~ O.~nahue~'- ~ Legal Secretary 75739 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff, CHRISTINE E. HOLSTON, Defendant. NO. 02-2284 CIVIL TERM CIVIL ACTION - LAW/EQUITY RULE 236 NOTICE OF ENTRY OF ORDER, DECREE OF [UDGMEN'r AND NOW THIS .oDt2-~(~ dayof ~d~,~ ,2002, pursuant to Pa. R.C.P. 236 of the Supreme Court of Pennsylvania you are hereby notified that Judgment by Default in the amount of $53,050.08, exclusive of interest, has been entered in favor of the Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center, and against the Defendant Christine E. Holston. The following party is entitled to receive notice under Pa. R.C.P. 236(a)(2). Christine E. Holston 302 Fairview Street Carlisle, PA 17013 IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY: CHADWICK O. BOGAR, ESQUIRE, at this telephone number: (717) 761-1880. Prothonotary 75739 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, : CLAREMONT NURSING AND : REHABILITATION CENTER, : Plaintiff, : : v. : NO. 02-2284 : : CHRISTINE E. HOLSTON, : Defendant. : CIVIL ACTION - IN LAW/EQUITY MOTION TO COMPEL DISCOVERY AND NOW, COMES, Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center, by and through its attorneys, Latsha Davis & Yohe, P.C., and offers the following by way of Motion to Compel Discovery and, in support thereof, represents: 1. On or about May 8, 2002, Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center ("Plaintiff"), commenced the above-captioned action against Defendant, Christine E. Holston ("Holston'). 2. On or about May 20, 2002, Plaintiff served Defendant Holston with its First Request for Production of Documents. 3. Defendant Holston failed to produce, within thi~'ty (30) days, the documents and other materials identified in Plaintiff's First Request for Production of Documents in violation of Pa.R.C.P. 4009.12. 79711 4. On or about November 4, 2002, Plaintiff noticed !Defendant Holston to appear on November 22, 2002, to give deposition testimony and produce those documents and other materials requested in Plaintiff's First Request for Production of Documents. 5. Defendant Holston failed to appear for said deposition in violation of Pa. R.C.P. 4007.1. WHEREFORE, Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center, respectfully requests that this Honorable Court enter an order directing Defendant, Christine E. Holston, to: 1) deliver those documents and other materials identified in Plaintiff's First Request for Production of Documents pursuant to Pa. R.C.P. 4009.12; and 2) make herself available to give deposition testimony. Dated: Respectfully submitted, LATHSA DAVIS & YOHE, P.C. Chadw4ck O. Bog-~r Attorney I. D. No. 83755 P. O. Box 825 HIarrisburg, PA 17108-0825 Telephone: (717) 761-1880 Attorneys for Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center 79911 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Motion to Compel Discovery was served by first-class, United States mail, postage prepaid, and Certified Mail, Return Receipt Requested upon the following: Dated: Christine E. Holston c/o Michael J. Hanft, Esq. 19 Brookwood Street Carlisle, PA 17013 79911 COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff VS. CHRISTINE E. HOLSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2284 EQUITY CIVIL ACTION - IN LAW/EQUITY PLAINTIFF'S MOTION TO COMPEL DISCOVERY ORDER AND NOW, this / 7 ' day of December, 2002, a brief argument on the within motion to compel discovery is set for Wednesday, February 19, 2003, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Chadwick O. Bogar, Esquire For the Plaintiff A. Hess, J. i/Michael Hanft, Esquire For the Defendant :rim COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff VS. CHRISTINE E. HOLSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2284 EQUITY · CIVIL ACTION _ IN LAW/EQUITY IN RE" PLAINTIFF'S MOTION TO COMPEL. DISCOVERY ORDER AND NOW, this /7 ' day of December, 2002, a brief argument on the within motion to compel discovery is set for Wednesday, February 19, 2003, at 2:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Chadwick O. Bogar, Esquire For the Plaintiff I,,'"Michael Hanfi, Esquire For the Defendant :rlm IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff, CHRISTINE E. HOLSTON, Defendant. NO. 02-2284 CIVIL ACTION IN LAW AND EQUITY ELAINTIFF'S SECOND MOTION TO COMPEl, AND NOW ~OMES Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center, by and through its attorneys, Latsha Davis & Yohe, P.C., and makes the within M~)tion to Compel and, in support thereof, avers as follows: 1. On or About May 8, 2002, Plaintiff, County of Cumberland, Claremont Nursing and Rehabi action against Defen 2. On or Request for Producti 3. Holsto~ other materials iden! violation of Pa.R.C.P 4. On or Holston, directing 83367 itation Center ("CIaremont'), commenced the above-captioned ]ant, Christine E. Holston ("Holston'). bout May 20, 2002, Claremont served Holston with its First vn of Documents. failed to produce, within thirty (30) days, the documents and [fled in Plaintiff's First Request for Production of Documents in 4009.12. bout July 27, 2002, a subpoena to attend and testify was served on r to attend a deposition at the office of Latsha Davis & Yohe, P.C. on August 12, 2002. Holston was directed to bring those documents requested in Claremont's First Request for Production of Documents. 5. Holston appeared at deposition. However, the deposition was adjourned for Holston to consult with an attorney. Holston failed to bring the documents requested in Plaintiff's First Request for Production of Documents. 6. On or hbout July 30, 2002, default iudgrnent in the amount of Fifty-Three Thousand Fifty Dollhrs and Eight Cents ($53,050.08) was entered on behalf of Claremont against I~olston. 7. On or ~bout November 4, 2002, Claremont noticed Holston to appear on November 22, 2002,il° give deposition testimony and produce those documents and other materials requested in Plaintiff's First Request for Production of Documents. 8. Holstoh failed to appear for said deposition and failed to produce the requested documents. 9. On or ~bout December 10, 2002, Claremont filed a Motion to Compel Discovery, which w~s granted by Order issued by the Honorable Kevin A. Hess dated February 19, 2003. (~xhibit "A'). 10. By Ord documents and othe: Documents within t~ 2003 at the law office (Exhibit "A'). 83367 er dated February 19, 2003, Holston was directed to produce those ' materials requested in Plaintiff's First Request for Production of ~enty (20) days of service of said Order and to appear on April 2, of Latsha Davis & Yohe, P.C., to give deposition testimony. 11. Holston failed to produce the documents and other materials identified in Plaintiff's First Request for Production of Documents and failed to present herself for deposition testimon~ on April 2, 2003 in violation of this Court's Order of February 19, 2003. 12. Claremont has incurred attorney fees and expenses in preparing this Motion to Compel, ds well as incurring a court reporter fee for the deposition which I-Iolston failed to attend. A copy of the invoices evidencing the time devoted and the expenses incurred f~r this Motion, and an invoice for court reporter services are attached hereto as E~hibit "B'. !ArI-IEREFORI~, Claremont respectfully requests that this Honorable Court enter an Order directing I~efendant, Christine E. Holston, to 1) provide all requested documents and othel: materials within twenty (20) days of the date of this Order; 2) attend deposition w: $346.65 for the costs 83367 thin forty (40) days after the date of this Order; 3) pay to Claremont of Holston's noncompliance with this Court's previous order of February 19, 2003; and 4) pay to Claremont's counsel Twenty Dollars ($20.00) per day for each day Holston fails to comply with this Order. Date: /r..)-_y~.). © 83367 Respectfully submitted, LATSHA DAVIS & YOHE, P.C. Steven M. Montresor Attorney I. D. No. 74244 P. O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff, Mo CHRISTINE E. HOLSTON, Defendant. NO. 02-2284 CIVIL ACTION IN LAW AND EQUITY The undersig foregoing Plaintiff's mail, postage prepai following: CERTIFICATE OF SERVICE aed hereby certifies that on this date a true and correct copy of the Second Motion to Compel was served by first-class, United States d, and Certified Mail, Return Receipt Requested upon the Date: /O. Christine Holston 811 North Pitt Street Carlisle, PA 17013 Steven M. Montresor 83367 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff, CHRISTINE E. HOLSTOb, Defer dant. AND NOW, this , consideration of Plaintiff s Motion shall: 1) deliver those doct Production of Documents and 2) appear and give deI NO. 02-2284 CIVIL ACTION - IN LAW/EQUITY ORDER / ~' · day of /a"~.d~'o a~ ,2002, upon to Compel Discovery, it is hereby ORDERED that Defendanl merits and other materials identified n Plamtaff s Request for >ursuant to Pa. R.C.P. 4009.12 within (20) days of service of this Or& osition testimony witl-,in (20) ' ' ' - -~ *~:~ 79911 Client/Matter: 000083 - CLAREMONT NURSING. CENTER OF CUMBERLA/ ATTN DEBORAH SHUG 1000 CLAREMONT ROA[ CARLISLE, PA 17013 Collection - Moses Naylor FOR PROFESSIONAL SE[ 05/06/03 SMM Review 05/13/03 SMM Analysi., to Com[ 05/19/03 SMM Memo t, 05/22/03 DLJ Drafted County i 05/23/03 SMM Review/ Fees fox BILLING SUMMARY Total Professional Fees TOTAL AMOUNT LATSHA DAVIS & YOHE P.C. PO BOX 825 HARRISBURG, PA 17108-0825 (717) 761-1880 Tax ID # 25-1735093 June 27, 2003 Billed through 05/31/03 47000 KLL Invoice number 47000 - kND REHABILITATION CD COUNTY tART VICES RENDERED teposition transcript for Christine Holston. 0.10 hrs of option for contempt Motion and further Motions 0.80 hrs el. ~ file re: Holston divorce. 0.10 hrs Motion for Sanctions; Reviewed Cumberland 1.50 hrs Jules. :evise Motion for Sanctions. 0.40 hrs this matter ~UE $3. $302.50 $302.50 11891 .2.50 )0.00 .2.50 !7.50 ;0.00 )2.50 PLEA SE RETURN REMITTANCE COPY WITH PAYMENT. 17.:44 10×29×'0B CENTRAL PR COURT REPORTING SUCS~ ?17-25B-OB8B /~~entral'~b~~ia~ ~ftr/u t Reporong' Se~lces' ,, ~ T~ ID No. 25-1869~38 April 30, 2008 Stayer] M. Montresor, Esquire Latsha, Davis & Yohe, P.C. Executive Park West II, Suite 101 4720 Old Gettysburg Road Mechanicsburg, pA 17055 Description of se 'vices Reference Duplicate Invoice Invoice Number 8285 Re: 02205D/mk-Claremont Nursing Home v. Christine E. Holston-Proposed deposition of Moses Naylor 4/02/03 Extension Original transcript App rea Exhibit (s) photocopl ~d Please cai! for balance after 07/29/03. 3.00 2.750 8.25 1.00 60.000 60.00 3.00 0.300 0.90 Payable upen recelpt. Thank you for allowing you. , Total: $69,15 Paid; -70.17 Invoice total: $-1,02 After 05/30/03: $70.17 After 06/29/03: $71.20 us to provide court reporting services for PAGE 02 gO, Box 508 Carlid~, PA 17013 800~863-3657 717,258-3d57 717- 25a-o.~e:.~ f~x cot~rtrelmrter~4 ~(agaoLcom COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff VS. CHRISTINE E. HOLSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2284 EQUITY CIVIL ACTION - IN LAW/EQUITY IN RE: PLAINTIFF'S SECOND MOTION TO COMPEL DISCOVERY ORDER AND NOW, this ~4 ~ day of November, 2003, a brief argument on the within second motion to compel discovery is set for Thursday, December 4, 2003, at 4:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. t/~even M. Montresor, Esquire For the Plaintiff ~istine E. Holston Defendant :rim / I - -0_3 BY THE COURT, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff, CHRISTINE E. HOLSTON, Defendant. NO. 02-2284 CIVIL ACTION IN LAW AND EQUITY PLAINTIFF'S SECOND MOTION TO COMPEL AND NOW COMES Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center, by and through its attorneys, Latsha Davis & Yohe, P.C., and makes the within Motion to Compel and, in support thereof, avers as follows: 1. On or about May 8, 2002, Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center ("Claremont'), comtnenced the above-captioned action against Defendant, Christine E. Holston ("Holston"). 2. On or about May 20, 2002, Claremont served Holston with its First Request for Production of Documents. 3. Holston failed to produce, within thirty (30) days, the documents and other materials identified in Plaintiff's First Request for Production of Documents in violation of Pa.R.C.P. 4009.12. 4. On or about July 27, 2002, a subpoena to attend and testify was served on Holston, directing her to attend a deposition at the office of Latsha Davis & Yohe, P.C. 83367 on August 12, 2002. Holston was directed to bring those documents requested in Claremont's First Request for Production of Documents. 5. Holston appeared at deposition. However, the deposition was adjourned for Holston to consult with an attorney. Holston failed to bring the documents requested in Plaintiff's First Request for Production of Documents. 6. On or about July 30, 2002, default judgment in the amount of Fifty-Three Thousand Fifty Dollars and Eight Cents ($53,050.08) was entered on behalf of Claremont against I-Iolston. 7. On or about November 4, 2002, Claremont noticed Holston to appear on November 22, 2002, to give deposition testimony and produce those documents and other materials requested in Plaintiff's First Request for Production of Documents. 8. Holston failed to appear for said deposition and failed to produce the requested documents. 9. On or about December 10, 2002, Claremont filed a Motion to Compel Discovery, which was granted by Order issued by the Honorable Kevin A. Hess dated February 19, 2003. (Exhibit "A'). 10. By Order dated February 19, 2003, Holston was directed to produce those documents and other materials requested in Plaintiff's First Request for Production of Documents within twenty (20) days of service of said Order and to appear on April 2, 2003 at the law offices of Latsha Davis & Yohe, P.C., to give deposition testimony. (Exhibit "A'). 83367 11. Holston failed to produce the documents and other materials identified in Plaintiff's First Request for Production of Documents and failed to present herself for deposition testimony on April 2, 2003 in violation of this Court's Order of February 19, 2003. 12. Claremont has incurred attorney fees and e×penses in preparing this Motion to Compel, as well as incurring a court reporter fee for the deposition which Holston failed to attend. A copy of the invoices evidencing the time devoted and the expenses incurred for this Motion, and an invoice for court reporter services are attached hereto as Exhibit "B'. WHEREFORE, Claremont respectfully requests that this Honorable Court enter an Order directing Defendant, Christine E. Holston, to 1) provide all requested documents and other materials within twenty (20) days of the date of this Order; 2) attend deposition within forty (40) days after the date of this Order; 3) pay to Claremont $346.65 for the costs of Holston's noncompliance with this Court's previous order of 83367 February 19, 2003; and 4) pay to Claremont's counsel Twenty Dollars ($20.00) per day for each day Holston fails to comply with this Order. Respectfully submitted, LATSHA 'DAVIS & YOHE, P.C. Steven M. Montresor Attorney II. D. No. 74244 P. O. Box 825 Harrisburg, PA 17108-0825 (717) 761-1880 Attorneys for Plaintiff, County of Cumberland, Claremont Nursing and Rehabilitation Center 83367 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff, CHRISTINE E. HOLSTON, Defendant. NO. 02-2284 : : CIVIL ACTION IN LAW AND EQUITY CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Plaintiff's Second Motion to Compel was served by first-class, United States mail, postage prepaid, and Certified Mail, Return Receipt Requested upon the following: Christine Holston 811 North Pitt Street Carlisle, PA 17013 Date: /O' ,50' O3 Steven M. Montresor 83367 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff, v. : NO. 02-2284 : : CHRISTINE E. HOLSTON, : Defendant. : CIVIL ACTION - IN LAW/EQUITY ORDER AND NOW, this ! ~ · day of ,ff~_,d~-o a~ ,2002, upon consideration of Plaintiff's Motion to Compel Discovery, it is hereby ORDERED that Defendant shall: 1) deliver those documents and other materials identified in Plaintiff's Request for Production of Documents pursuant to Pa. R.C.P. 4009.12 within (20) days of service of this Order; and 2) appear and give deposition testimony wit~gi-, (20,) day° ~,f .... icc cf ~a~d_ .x~'~7~2~ / 0// ~-/W~ e.~-4~z~ e~B~'CaURT' 'I' I~UE COP'( ff.;..:).'.,' 'x' 79911 LATSHA DAVIS & YOHE P.C. PO BOX 825 HARRISBURG, PA 17108-0825 (717) 761-1880 Tax ID # 25-1735093 June 27, 2003 Billed through 05/31/03 Client/Matter: 000083 - 47000 KLL CLAREMONT NURSING AND REHABILITATION CENTER OF CUMBERLAND COUNTY ATTN DEBORAH SHUGHART ! 000 CLAREMONT ROAD CARLISLE, PA 17013 Invoice number 47000 - 31891 Collection - Moses Naylor FOR PROFESSIONAL SERVICES RENDERED 05/06/03 05/13/03 05/19/03 05/22/03 05/23/03 SMM Review deposition transcript for Christine Holston. 0.10 hrs SMM Analysis of option for contempt Motion and further Motions 0.80 hrs to Compel. SMM Memo to file re: Holston divorce. 0.10 hrs DLJ Drafted Motion for Sanctions; Reviewed Cumberland 1.50 hrs County Rules. SMM Review/revise Motion for Sanctions. 0.40 hfs 12.50 100.00 12.50 127.50 50.00 Fees for this matter $302.50 BILLING SUMMARY Total Professional Fees TOTAL AMOUNT DUE PLEASE RETURN REMITTANCE COPY WITH PAYMENT. $302.50 $302.50 April 30, 2003 PAGE 02 I?0, Box 508 CarliSle, PA 17013 800-863¥16_57 ?17.258-..a657 717- 258-O.382'; facn' courtreporters 4u @aoL co~n Steven M. Montresor, Esquire Latsha, Davis & Yohe, P.C. Executive Park West II, Suite 101 4720 Old Gettysburg Road Mechanicsburg, PA 17055 Duplicate invoice Invoice8285 Number Description of services Reference Re: 02205D/mk-Claremont Nursing Home v. Christine E. Holston-Proposed deposition of Moses Naylor 4/02/03 Extension Original transcript App tee Exhibit (s) photocopied 3.00 2.750 8.25 1.00 60.000 60.00 3100 0.300 0,90 Please call for balance after 07/29/03. Total: $69,15 Paid; -70.17 Invoice total: $-1.0:~ After 05/30/03: $70.17 After 06/29/03: $71.20 Payable upon receipt, Thank you for allowing us to provide coud reporting services for you. NOV . ZO03 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA COUNTY OF CUMBERLAND, CLAREMONT NURSING AND REHABILITATION CENTER, Plaintiff, CHRISTINE E. HOLSTON, Defendant. NO. 02-2284 CIVIL ACTION IN LAW AND EQUITY ORDER AND NOW, this "/'~ day of a/)r.c.,..,.-&~' ,2003, it is hereby ORDERED that Plaintiff's Second Motion to Compel is GRANTED, and Defendant Christine E. Holston is directed to: 1) provide all requested documents and other materials within twenty (20) days of the date of this Order; 2) attend deposition within forty (40) days after the date of this Order; 3) pay to Claremont $346.65 for the costs of this Motion and costs of Holston's noncompliance with the Court's previous order of February 19, 2003; and ~ i==Y t= r~ , ~"~"'~ ~"' ....., r-- d~y _.;. ..... .-,~L ~ ~_uun~l Tw~x~ty ~ -- '": ........... Ms. Christine E. Holston Steven M. Montresor, Esq. Copy to: 83367 BY THE COURT: