HomeMy WebLinkAbout02-3225IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES, :
a Pennsylvania Organization, d/b/a :
COUNTRY MEADOWS OF WEST SHORE IV,:
Plaintiff
V.
ANN E. PERAGINE,
No. -
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.
Lawyer Referral Service
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
75571.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES,
a Pennsylvania Organization, d/b/a
COUNTRY MEADOWS OF WEST SHORE IV,
Plaintiff
ANN E. PERAGINE,
Defendant
No.
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 ser 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.
Lawyer Referral Service
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
75571.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES,
a Pennsylvania Organization, d/b/a
COUNTRY MEADOWS OF WEST SHORE IV,
Plaintiff
ANN E. PERAGINE,
Defendant
COMPLAINT
AND NOW, COMES, Plaintiff, Country Meadows Associates, a Pennsylvania
Organization, d/b/a Country Meadows of West Shore IV, by and through its attorneys,
Latsha Davis & Yohe, P.C., and files the within Complaint against Defendant, Ann E.
Peragine, and in support thereof, provides as follows:
1. Plaintiff, Country Meadows Associates d/b/a Country Meadows of West
Shore IV ("Country Meadows"), is a Pennsylvania organization organized and existing
under the laws of the Commonwealth of Pennsylvania, with its principal offices located
at 830 Cherry Drive, Hershey, Pennsylvania 17033.
2. Defendant, Ann E. Peragine ("A. Peragine'), is an adult individual who at all
times material hereto resided at 16 Eastgate Drive, Camp Hill, Pennsylvania 17011.
3. At all times material hereto, Defendant A. Peragine was the daughter,
attorney-in-fact and person responsible for the financial affairs of Leah E. Moynahan.
CIVIL ACTION - LAW/EQUITY
75571.1
4. On or about November 9, 2000, Leah E. Moynahan, by and through her
attorney-in-fact Defendant A. Peragine, made application for admission to Plaintiff
Country Meadows' assisted living facility located at 4831 East Trindle Road,
Mechanicsburg, Pennsylvania 17055.
5. Plaintiff Country Meadows accepted Leah E. Moynahan as a resident on
November 9, 2000, based upon those representations made by her attorney-in-fact
Defendant A. Peragine concerning Ms. Moynahan's assets and/or resources. A true and
correct copy of the Statement of Financial Assets is attached hereto as Exhibit "A.'
6. On November 9, 2000, Plaintiff Country Meadows and Leah E. Moynahan,
by and through her attorney-in-fact Defendant A. Peragine, entered into a Lease
Agreement ("Agreement"). A true and correct copy is attached hereto as Exhibit "B."
7. Pursuant to the Agreement, Plaintiff Country Meadows agreed to provide
Leah E. Moynahan with assisted living in exchange for her promise to pay Plaintiff
Country Meadows a specified monetary fee.
8. Defendant A. Peragine, as Leah E. Moynahan's attorney-in-fact and
responsible person, agreed to perform Leah E. Moynahan's duties under the Agreement,
namely to use Leah E. Moynahan's assets and/or resources to pay Plaintiff Country
Meadows for the care and services which it rendered to Ms. Moynahan.
9. Defendant A. Peragine has failed to use Leah E. Moynahan' assets and/or
resources to pay Plaintiff Country Meadows for the care and services which Ms.
Moynahan has received at Plaintiff Country Meadows' assisted facility from the date of
her admission through the present.
75571.1 2
10. As a result of Defendant A. Peragine's failure to pay Plaintiff Country
Meadows for the care and services which it has rendered to Leah E. Moynahan, Leah E.
Moynahan is indebted to Plaintiff Country Meadows in an amount in excess of Nineteen
Thousand Dollars ($19,000).
11. As Leah E. Moynahan's attorney-in-fact and responsible person, Defendant
A. Peragine has a fiduciary duty to Leah E. Moynahan, to which Plaintiff Country
Meadows is a beneficial party, to insure that Leah E. Moynahan's account with Plaintiff
Country Meadows is kept current by using Leah E. Moynahan's assets and/or resources
to pay Plaintiff Country Meadows for the care and services that it renders to her.
12. Defendant A. Peragine has failed to use Leah E. Moynahan's assets and/or
resources identified in Exhibit "A" to keep Leah E. Moynahan's account with Plaintiff
Country Meadows current, and, instead has converted and/or fraudulently transferred
Leah E. Moynahan's assets and/or resources identified in Exhibit "A' to herself and/or
others.
13.
Defendant A. Peragine has breached her fiduciary duties owed to Leah E.
Moynahan, to which Plaintiff Country Meadows is a beneficial party, by converting Leah
E. Moynahan's assets and/or resources identified in Exhibit "A' to herself and/or others.
14. Defendant A. Peragine has fraudulently transferred to herself and/or others
Leah E. Moynahan's assets and/or resources identified in Exhibit "A' to hinder or delay
their transfer to Plaintiff Country Meadows.
3
COUNT I - BREACH OF FIDUCIARY DUTY
Plaintiff Country_ Meadows v. Defendant Ann E. Peragine
15. Paragraphs 1 through 14 above are incorporated herein by reference as if
fully set forth at length.
16. Defendant A. Peragine, at all material times hereto, has been Leah E.
Moynahan's attorney-in-fact and person responsible for Ms. Moynahan's financial
affairs.
17.
As Leah E. Moynahan's attorney-in-fact and responsible person, Defendant
A. Peragine has a fiduciary duty to Leah E. Moynahan, to which Plaintiff Country
Meadows is a beneficial party, to insure that Leah E. Moynahan's account with Plaintiff
Country Meadows is kept current by using Ms. Moynahan's assets and/or resources
identified in Exhibit "A" to pay Plaintiff Country Meadows for the care and services
which it renders to Leah E. Moynahan.
18. Defendant A. Peragine has breached her fiduciary duty owed to Leah E.
Moynahan, to which Plaintiff Country Meadows is a beneficial party, by failing to use
Leah E. Moynahan's assets and/or resources identified in Exhibit "A' to keep Leah E.
Moynahan's account with Plaintiff Country Meadows current.
19. As a direct result of Defendant A. Peragine's breach of her fiduciary duty
owed to Leah E. Moynahan, Plaintiff Country Meadows has incurred damages in excess
of Nineteen Thousand Dollars ($19,000).
4
WHEREFORE, Plaintiff, Country Meadows, demands judgment in its favor and
against Defendant, Ann E. Peragine, in an amount in excess of Nineteen Thousand Dollars
($19,000) and such other relief as deemed appropriate.
COUNT II - CONVERSION
Plaintiff Country_ Meadows v. Defendant Ann E. Peragine
20. Paragraphs 1 through 19 above are incorporated herein by reference as if
fully set forth at length.
21. Defendant A. Peragine has converted, misappropriated and deprived Leah
E. Moynahan of her right in, use and/or possession of that property identified in Exhibit
"A.'
22. Defendant A. Peragine's conversion, misappropriation and deprivation of
Leah E. Moynahan's right in, use and/or possession of the aforementioned property has
been beyond her authority as attorney-in-fact for Ms. Moynahan and for the purpose of
hindering and/or delaying the transfer of Leah E. Moynahan's assets and/or resources to
Plaintiff Country Meadows.
23. As a result of the foregoing unlawful actions of Defendant A. Peragine,
Plaintiff Country Meadows has incurred damages in an amount in excess of Nineteen
Thousand Dollars ($19,000).
WHEREFORE, Plaintiff, Country Meadows, demands judgment in its favor and
against Defendant, Ann E. Peragine, in an amount in excess of Nineteen Thousand Dollars
($19,000) and such other relief as deemed appropriate.
5
COUNT III - FRAUDULENT TRANSFER
Plaintiff Country Meadows v. Defendant Ann E. Peragine
24. Paragraphs 1 through 23 above are incorporated herein by reference as if
fully set forth at length.
25. Defendant A. Peragine, in her capacity as attorney-in-fact for Leah E.
Moynahan, has transferred Leah E. Moynahan's assets and/or resources identified in
Exhibit "A" to herself and/or others without adequate consideration and for the purpose
of hindering and/or delaying their transfer to Plaintiff Country Meadows.
26. Defendant A. Peragine has accepted in her personal capacity the transfer of
Leah E. Moynahan's assets and/or resources identified in Exhibit "A'' with full knowledge
that the purpose of these transfers was and is without the intent to pay Plaintiff Country
Meadows for the care and services that it has rendered to Leah E. Moynahan.
WHEREFORE, Plaintiff, Country Meadows, demands judgment in its favor and
against Defendant, Ann E. Peragine, in an amount in excess of Nineteen Thousand Dollars
($19,000) and such other relief as deemed appropriate.
Dated:
Respectfully submitted,
LATSHA DAVIS & YOHE, P.C.
Chadwick O. Bogar, Esq.
Attorney I.D. No. 83755
P.O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Plaintiff, Country Meadows
Associates, a Pennsylvania Organization,
d/b/a Country Meadows of West Shore IV
75571.1 6
07/02/02 08:22 FAX 717 533 1243 GMLFC-CMOC -~ C~.D 0 BOGAP ~]007
~oos
06/27/2002 09;51 FAX 7177612286
La~sh~.Davls&Yohe
VER~'ICATiON
The u~dersigned hereby v~ ~t ~e ~en~ o~ f~ ~ the
~d~d ~t ~y ~ ~en~ ~ ~ su~ec~ ~ ~e p~ coned
Datea: ~.~o q/ Vincent J. ~
Vice President of Finance, Accounting
and Information Service~ f~ Country
Meadows Associates. a Pem~ylvarda
C~8'a~i~'~qc~ d/b/a Country Meadows
West Sho~e IV
Exhibit A
tatement of Financial Assets
CONFIDENTIAL CONFIDENTIAL
To assist you and Country Meadows in planning for your residency, we need you
to share a minimum of finandal data regarding your personal assets, your monthly
income, and its basic so~rces. This will be kept in a scaled envelope aft~ it is evalu-
ated with you. by Marketing staff.
Expenses Not Included in Rent:
al Personal Telephoue
b_ Cable Television
c. Physician Care and Medications
d. Beauty and. Barber Shop Usage
Present Monthly Earned Income: $ ~'_.~_~0 -
(Sources to be included above in this total figure arc: Social Security, Pension and
Annuities, Wages/Salary. Do NOT include dividends or interest.}
Primary assets:
Real Estate - Owned by You
Total Mortgage,/f Any
$
Total of Stocks, Bo,,ds
SaVings, Including C.D.s $ ~ ~i) -
When necessary,, my resources will be supplemented bya monthly contribution from
who is
amounting lo ~_ each month.
I certify that the above statement of my income and primary assets is accurate.
S_ignature qf Person R~po~ible for Above
Date
01/00
Exhibit B
Retirement Communities
ase Agreement
This A~reement is made in duplicate this ~ . day of k~/b~f~.~-~ .20E~
by and between Co~ Meadows, operated by Co~ M~dows ~so~ates, ~d
fo~o~g resid~t{s);
S~eet Addres~~~
' Ci~ ~o ~{ LI_ State ~ ~ Zip ~ ~ OL [
1. Gen~r_a!. Resident is hereby no~ed ~t her/~s a.ppHcafion ~s been ~ceptcd
to reside at Co~ Meadows o~~~ in u~t number
in ~ A~isted Li~; ~ ~lli~ p~; ~ Meadows; ~ Meado~ Plus.
Me~o~s ~d Mea~ws ~ ~e phys~y seared
2. T~ of A~eement. T~s lease sh~ ~ff~t for ~ ~ti~ term of one (1)
mon~, be~g on ~~, ~d ~ auWmafic~y be
ren~d for a period of one (1} mon~, ai'~e then ~v~g rate for ~e ~t.
The resident must ~ve ~e A~is~r at least ~ {30) days ~t~ no~
of ~tent not to r~ew.
Resident and Country Meadows understand and agree that not more than the
amount of the security deposit shall be charged in the event this Agreement is
terminated by resident. Reftmds in the event of death or irdirr~ty are covered by
Item 8.
Guaranteed Re.n.t. Resident agrees to pay Country Meadows the rent du.e under
this Agreement in monthly payments of $ ~/o~ each, pay,able in advance
on or before the first of the month. Country Meadows agrees to give resident
thirty (30) days notice, in writin~ of any rent increase. Any additional charges
are spec/fled in Item 10 of this Agreement.
Security_ Deposit. At the t/me of signing this A~eement, resident agrees to make
a sec~r/ty deposit of $2,000 for a private unit, $1,500 for a shared unit_ The
Security Deposit w/n be held by Country Meadows at ~ % s/rnple interest
until such time as this Agreement shall be te~ minated by either party. Resident
and Country Meadows understand and agree that this deposit shall constitute
liquidated damages in full in the event that this Agreement is terminated by the
resident except in cases of death or infirmity as provided in the House Rules,
Services provided by Countr~z_ Meadows. In addition to lodging, as part of the
monthly rent, Country Meadows agrees to furnish: (a) breakfast, lunch, and
dinner da~ly in the dining room; (b) housekeeping and linen services including
the laundering of linens; (c) educational, recreational, fn-e safety, and wellness
activities; (d) facilities for receiving personal mall; (e) 24-hour availability of
assistance with tasks of daily living, as needed; (f) all utilities, except personal
telephone and Q-[~ ~1 ~ -
When offered and selected by the resident, the William Penn Program provides
addd~ionai services for the physically challenged resident. 77~e Meadows and
Meadows Pitts Prograrn~ provide a secure social and physical environment a_nd
therapeutic programs which utilize thc demcntia resident's continuing but
changing strengths and abihties. The selected program's rent in Item 3 is the
cha~ge for that particular program and service.
participate in the following:
a_ The Country Meadows Total Wellness Program;
b. Educational and recreational activities;
c. inoculations for flu and pne~ ~morda ~ mless disapproved by personal physician;
d. All fire drills;
e. Use of Meal-I-Sets for all prescribed medications;
f. Meals in the facilit3r'a or wing's dining room;
g. Applicable "therapy" evaluations perfomed to assist in rehabilitation;
h. Annual medical evaluation and/or geriatric assessment;
i. House Rules.
Resident's Finan_c. ial Rem>onsibillties. Resident agrccs to accept and to comply
with the following financial responsibilities:
a. Paying all charges for any and all professional treatment and services rc-
quired by the resident, including but not limited to hospitalization, medical,
and dental ca_re, whether such services are rendered at resident's request or
at the request of a Country Meadows' staff member in an emergex).cy;
b. Paying such additional charges as may be incurred by resident or by Country
Meadows on residents behalf. See Item 10, "Additional Charges";
c. If eligible, purchasing and maintaining Medicare Part "B" and Medicare
Supplemental Insuxance, e.g., "65 Special' and/or H.M.O. Policy.
8- Adj~,tments in Rent for Special Circumst~rkces. Cmlntry Meadows agrees that
the rent due under this Agreement may be reduced, or waived, under the follow-
ing circumstances:
a. In case of resktent's requirement of higher level of care not available at
Country Meadows, or death, rent shall be waived as soon as the resident's
unit is vacated of personal belongings and furnishings. The Security Deposit
will be refunded except for any portion used to nhake repairs to the unit OVer
and above reasonable wear and tear. Refunds shall be made withirt thirty
(30} days of above conditions being met.
ll/UT/U1 14:07 FAX 717 533 1243 GMLFC-CMOC + CHAD 0 BOGAP ~008
b. During such time as resident shall temporarily reside in a hospital or long
term care facility and wish to hold resident's current unit, or resident shall
be away from the facility continuously for five (5) or more days. Country
Meadow agrees to reduce rent by $ ~ . _ per day during the absence.
}[es/dent ~i__~gh~ _ts and the House Rules are in separate booklets.
10. Additional Charges. The following services and items will be billed, to the resident
monthly when the service is received.
a. Additional Personal Care Support: Residents needing additional help with
activities of daily living will be charged in half hour increments per day at
the rate of $6.00 per half houx.
b. When resident moves from one "level" to another, this Agreement serves
notice to resident for those additional charges.
c. Guest Meals: Breakfast $2.50; Lunch $3.50; Dinner $6.50.
d. Meal Tray in Room:S1.00 each.
e. Meals Out: As charged by restaurant.
f. Laundry Charges: $2.00 per load i~ Assisted Living.
g. Pharmacy Charges: Billed directly by autho~zed pha~,~,acy.
h. Medical and Incontinence Supplies: Billed at current market cost.
i. Unscheduled Transportation: $5.00 per trip, if available.
j. }~asic Cable TV: $. kD[~ - per month, if applicable.
k. Newspapers: Billed directly by dealer, personal arrangement.
1. Dry Cleaning: Cost set by cleaner selected.
m. Personal Telephone: Billed d_[rectly by telephone company.
m Beauty/Barber Shop:
Woman's Cut $. /0 -~
Rinse $
Conditiorier $
permanent Wave $
Man's Cut
Wash & Set
_ Tint $
Manicure
Other $.
14205 FAX 717 533 1243 GtiLFC-CIiOC -~ CHAD 0 BOGAP t~]009
This Agree~nent, the Resident's Rights, the House Rules, the Resident
Directorlr, and the lnvento~ of Personal Belongings have been rcwiewed by me and
~xplained to me by the Marketing Director or Administrator, a~d I have been given a
copy of each_ I understand that th~ Administrator must ~ve me thirty (30) days writ-
ten notice if she/he intends to changc any part of this Agreement, or if any changes are
to be made in t_he House Rules.
Resid~n't s Signature -- i Date
Spouse's b~ignature Jif also a resident]
o pays the rOnt6P ~ns the
check, if other than the resident
Dat~
Date
I, Iarkefftuj Director/Administrator'.~
Sfi. Tnature
Da~e
Desfi3nated Person or ReferraI Agency
(Optional) 5~'gnatute
If a resident is unable to sign her/his name, resident should show her/his mark below:
Resident's Mark
Reason resident is unable to sign name:
D~te Marlced
Witness Lo Mark
_l[gp_t Administrator or Marketing Director)
LAIO0 01/00
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2002
Civil Action - ( X ) Law
( ) Equity
Audrey A. Sweeney
111 South Chestnut Street
Mechanicsburg, PA 17055
Plaintiff
: Beth Ann White
: 3310 Winston Blvd.
: Wilmington, NC 28403
:
Versus
: Defendant
:
: JURY TRIAL DEMANDED
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue writ of summons in the above-captioned action.
X
David W. Knauer
Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff
David W. Knauer, P.C.
411-A East Main Street
Mechanicsburg, PA 17055
(717) 795-7790
Names/Address/Telephone No.
of Attorney
Signature of Attorney
Supreme Court ID No. 21582
Date: July 8, 2002
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANT:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED
AN ACTION AGAINST YOU.
Prothonotary
By: ~ ~. ~ ~
Deputy' / J
( ) Check here if reverse is issued for additional information
PROTHON. - 55
SHERIFF'S RETURN
CASE NO: 2002-03225 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COUNTRY MEADOWS ASSOCIATES
VS
PERAGINE ANN E
- REGULAR
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY was served upon
PERAGINE ANN E the
DEFENDANT , at 1237:00 HOURS, on the 10th day of July
at THE IRON KETTLE 2050 STATE ROAD
2002
CAMP HILL, PA 17011
ANN E PERAGINE
by handing to
a true and attested copy of COMPLAINT - EQUITY
REQUEST FOR PRODUCTION OF DOCUMENTS
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this ~ day of
~ ~,,~ ~Z~ A.D.
{Sr~t honor ary
So Answers:
R. Thomas Kline
07/11/2002
LATSHA DAVIS YOHE
~ DepUty Sh~rif~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES,
a Pennsylvania Organization, d/b/a
COUNTRY MEADOWS OF WEST
SHORE IV,
Plaintiff,
ANN E. PERAGINE,
Defendant.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
TRIAL DIVISION
CASE NO.: 2002-03225 P
PRAECIPE FOR DEFAULT JUDGMENTr 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 $20,497.62, plus interest.
Understanding the false statements made herein are subject to penalty under 18
Pa. C.S.A. § 4904, Unsworn Falsification to Authorities, I 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.
76766
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.
Respectfully submitted,
Dated:
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, Country Meadows
Associates, a Pennsylvania Organization,
d/b/a Country Meadows of West Shore IV
This dayof b--]r~,~,, ~ ,2002, Judgment is entered
in favor of Plaintiff and against Defendant b~ Default for want of an answer and
damages assessed at the sum of $20,497.62, plus interest, as per the above certification.
Notice given pursuant to Pa. R.C.P. 236.
Prothonotary
76766 2
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:
Ann E. Peragine
The Iron Kettle
2050 State Road
Camp Hill, PA 17011
Dated:
Legal Se~e'fary
76766
LATSHA DAVIS & YOHE, P.C.
By: Chadwick O. Bogar
Attorney I.D. No_: 83755
4720 Old Gettysburg Road
Mechanicsburg, PA 17055
Telephone No.: (717) 761-1880
COUNTRY MEADOWS ASSOCIATES, :
a Pennsylvania Organization, d/b/a
COUNTRY MEADOWS OF WEST
SHORE IV,
Plaintiff,
ANN E_ PERAGINE,
Defendant.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
TRIAL DIVISION
CASE NO.: 2002-03225 p
DATE OF NOTICE: August 7, 2002
IMPORTANT NOTICE
TO:
Ann E. Peragine
The Iron Kettle
2050 State Road
Camp Hill PA 17011
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 WY/I-HN 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 IMFORTANT 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 Ba~ Association
2 Liberty Ave.
Carlisle, PA 17013
Chadwick O. Bog ,~uire
7~S~4
~00~ oqox~sIa~fl'eqsae2 98~II9LLIL XVd 2I:0l ~00g/~2/80
CERTIFICATE OF SERVICI~
I I-~REBY CERTIFY that on this day I have served a ~-ue and correct copy of the
foregoing, Ten Day Notice, upon the fo]lowing individual via regular mail:
Da~e:
Ann E. Peragine
The Iron Ke~le
2050 State Road
Camp Hill, PA 17011
ebbie J~nson, Paralegal
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES, :
a Pennsylvania Organization, d/b/a :
COUNTRY MEADOWS OF WEST :
SHORE IV, :
Plaintiff, :
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
TRIAL DIVISION
ANN E. PERAGINE,
Defendant.
CASE NO.: 2002-03225 P
RULE 236 NOTICE OF ENTRY OF ORDER~ DECREE OF JUDGMENT
To: Ann E. Peragine
The Iron Kettle
2050 State Road
Camp Hill, PA 17011
AND NOW THIS ,,2,~'~c'(~- day of
to Pa. R.C.P. 236 of the Supreme Court of Pennsylvania you are hereby notified that
,2002, pursuant
Judgment by Default in the amount of $20,497.62, exclusive of interest, has been entered in
favor of the Plaintiff, Country Meadows Associates, a Pennsylvania Organization, d/b/a
Country Meadows of West Shore IV, and against the Defendant Ann E. Peragine.
The following parties are entitled to receive notice under Pa. R.C.P. 236(a)(2).
Ann E. Peragine
The Iron Kettle
2050 State Road
Camp Hill, PA 17011
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL
ATTORNEY: CHADWICK O. BOGAR, ESQUIRE, at this telephone number: (717) 761-
1880.
Prothonotary ~
76765
COUNTRY MEADOWS :
ASSOCIATES, a :
Pennsylvania Organization,:
d/b/a COUNTRY :
MEADOWS OF WEST :
SHORE IV, :
Plaintiff :
.-
v. i
ANN E. PERAGINE, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-3225 CIVIL TERM
ORDER OF COURT
AND NOW, this 16th day of December, 2002, upon consideration of Plaintiff's
Motion To Compel Discovery, a Rule is hereby issued upon Defendant to show cause
why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
Chadwick O. Bogar, Esq.
P.O. Box 825
Harrisburg, PA 17108-0825
Attorney for Plaintiff
Ann E. Peragine
The Iron Kettle
2050 State Road
Camp Hill, PA 17011
Defendant, Pro Se
BY THE COURT,
Jff/~esl~y Ole,~Ja~ ' ~.'
:rc
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES,
a Pennsylvania Organization, d/b/a
COUNTRY MEADOWS OF WEST SHORE IV,
Plaintiff,
ANN E. PERAGINE,
Defendant.
No. 2002-3225 P
CIVIL ACTION - LAW/EQUITY
ORDER
AND NOW, this day of ,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 within (20) days of service of this Order.
BY THE COURT:
79876
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES,
a Pennsylvania Organization, d/b/a
COUNTRY MEADOWS OF WEST SHORE IV,
Plaintiff,
ANN E. PERAGINE,
Defendant.
No. 2002-3225 P
CIVIL ACTION - LAW/EQUITY
MOTION TO COMPEL DISCOVERY
AND NOW, COMES, Plaintiff, Country Meadows Associates, d/b/a Country Meadows of
West Shore IV, 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 July 8, 2002, Plaintiff, Country Meadows Associates, d/b/a Country
Meadows of West Shore IV ("Plaintiff"), commenced the above-captioned action against
Defendant, Ann E. Peragine ("Peragine").
2. On or about July 10, 2002, Plaintiff served Defendant Peragine with its First Request
for Production of Documents.
3. Defendant Peragine 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.
. . . .cedDeie~da~tperagi~e to aP?ear o~
i. ~ o~ abOUt Octobe~
No~embe~ 6, 200~, to ~ve aepOS~O~ testimony a~ p~oduce those ~ocume~t~ ~''~
fo~ p~o6UCtiO~ o{ Docume~tS-
i~ plaintiff s Fkst ~equest · · '
~equeste~ . . appea~ {or said depOsition m mda~On o{
5. Defendant pe~agme {a~ed to
Pa. R.C.P- 4007.1- . · County MeadOWS Ass~iates, d/b/a Coun~ MeadOws o{ West
~EREFORE, Plain~ff, Honorable Court enter an order direc~g Defendant,
Shore IV, respect~llY requests that this
1) deliver those documents and other materials identified in Plaint¢i's ~kst
and 2) make
E. peragine, to:
Documents pursuant to Pa. R.C.P. 4009.12 within (20} days;
Request for Production
hersel~ avafable to ~ve deposition testimony-
Respec~lly submi~ed,
LATHSA DAVIS & YOHE, P.C-
Dated:.~
p. O. Box 825
Harrisburg, PA 17108-0825
Telephone: (717) 761-1880
Attorneys for Plaintiff,
Country Meadows Associates, d/b/a
Country Meadows of West Shore IV
79876
IN THE COURT OF COMMON' PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES,
a Pennsylvania Organization, d/b/a
COUNTRY MEADOWS OF WEST SHORE IV,
Mo
ANN E. PERAGINE,
Plaintiff,
Defendant.
Nc.. 2002-3225 P
CIVIL ACTION - LAW/EQUITY
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes, Movant, Country Meadows Associates d/b/a Country
Meadows of West Shore IV, by and through its counsel, Latsha, Davis and Yohe, P.C.,
and files this motion to make rule absolute and, in support thereof, states:
1. On December 9, 2002 Country Meadows Associates d/b/a Country
Meadows of West Shore IV, ("Movant") filed a Motion to Compel Discovery.
2. On December 16, 2002, this Honorable Court directed the Respondent to
show cause within twenty days of service why the relief requested by Movant in its
Motion to Compel Discovery should not be granted.
3. On January 16, 2003, Movant served Respondent with the above-
referenced rule to show cause.
4. Respondent failed to show cause on or before February 5, 2003, why the
relief requested by Movant in its Motion to Compel Discover should not be granted.
81273.1
WHEREFORE, Movant, Country Meadows Associates d/b/a Country Meadows
of West Shore IV, respectfully requests that its Motion to Compel Discovery be granted.
Respectfully submitted,
LATSHA DAVIS & YOHE, P.C.
Dated:_~O'~
Cha~dw~ga~~
Attorney I.D. No. 83755
P.O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Plaintiff,
Coutntry Meadows Associates,
d/b/a Country Meadows of
West Shore IV
81~3.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES,
a Pennsylvania Organization, d/b/a
COUNTRY MEADOWS OF WEST SHORE IV,
Plaintiff,
Mo
ANN E. PERAGINE,
Defendant.
No. 2002-3225 P
CIVIL ACTION - LAW/EQUITY
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Motion to Make Rule Absolute has been served by first-class, United States
mail, postage prepaid, and Certified Mail, Return Receipt Requested upon the
following:
Ann E. Peragine
The Iron Kettle
2050 State Road
Camp Hill, PA 17011
Dated:
- ~k-~y Pier
81273.1
MICHELLE L. WATSON,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
TIMOTHY M. WATSON,
Defendant
· NO. 2002-01267
· CIVIL ACTION-.LAW
· IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the divorce Code was
filed on March 14, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice
of intention to request entry of the decree,
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice·
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered
by the Court and that a copy of the Decree will be sent to rne immediately after it is filed
with the Prothonotary.
I verify that the statements made in this Affidavit: are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa. C.S. § 4904 relating to unsworn falsification to authorities.
Date:
M, l ell L. 'Watson
c~
MICHELLE L. WATSON,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS
· CUMBERLANI') COUNTY, PENNSYLVANIA
TIMOTHY M. WATSON,
Defendant
· NO. 2002-01267
· CIVIL ACTION-LAW
· IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the divorce Code was
filed on March 14, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice
of intention to request entry of the decree,
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE ILJNDER
§3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered
by the Court and that a copy of the Decree will be sent to rne immediately after it is filed
with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa. C.S. § 4904 relating to unsworn falsification to authorities.
Date: ,,,". ~_.~ ~/, -----~
~'~T~ot I~M. Watson -
MICHELLE L. WATSON,
Plaintiff
VS.
TIMOTHY M. WATSON,
Defendant
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 2002 - 01267
· CIVIL ACTION-LAW
· IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a Divorce
Decree:
1. Ground for divorce: Irretrievable breakdown under Section (X) 3301(c) ( ) 3301(d)(1) of the
Divorce Code.
2. Date and manner of service of the Complaint: March 16, 2002 by Certified Mail
3. (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce
Code: by Plaintiff: January 24, 2003
by Defendant: January 24, 2003
(b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce
Code:
(2) date of filing and service of the Plaintiff's Affidavit upon the Defendant:
4. Related claims pending:No economic claims have been raised.
5. (a) Date and manner of service of the notice of intention to file Praecipe to transmit record, a
copy of which is attached:
(b) Date of Plaintiff's Waiver of Notice in 3301 (c) Divorce xvas filed with the Prothonotary:
Filed contemporaneously herewith
Date of Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary:
herew~ ~ ....
Filed contemporaneously
J~i< ;?/Purce)?~squire
&~_~m'~y for Plaintiff
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 24th day of January, 2003, by and between Michelle
L. Watson, hereinafter referred to as "Wife", and Timothy M. Watson, hereinafter referred to
as "Husband".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully ma]~ied on October 1, 1994; and
WHEREAS, two children were bom of this marriage, Austin T. Watson, bom March
19, 1995 and Christian R. Watson, bom October 3, 2000; ancl
WHEREAS, certain differences have arisen between the parties as a result of which
they separated in August 2000 and now live separate and apart from one another, and are
desirous, therefore, of entering into an Agreement which wi]~! distribute their marital property
in a manner which is considered to be an equitable division of all joint property, and will
provide for the mutual responsibilities and rights growing out of the marriage relationship;
and
WHEREAS, there has been a complete disclosure of the earnings and property of
each party, and each understands his/her rights under the Divorce Code of the
Commonwealth of Pennsylvania; and
WHEREAS, the parties hereto, after being properly advised by their respective
counsel, Husband choosing not to be represented by an attorney, and Wife by her attorney,
John W. Purcell, Jr. have come to the agreement, which follows:
NOW, THEREFORE, in consideration of the above recitals and the following
covenants and promises mutually made and mutually to be kept, the parties heretofore,
intending to be legally bound, covenant, promise and agree as follows:
Separation and Property Settlement Agreement - Michelle L. Wa~_:_-on and Timothy M. Watson Page ;:
1. Separation. It shall be lawful for each party at: all times hereafter to live separate
and apart from the other party at such place that he or she may from time to time choose or
deem fit. The foregoing provision shall not be taken as ~u admission on the part of either
party of the la--ess of the causes leading to their living apart.
2. Interference. Each party shall be free from interference, authority and contact by
the other, as fully as if he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party :~hall molest the other nor attempt
to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way
harass or malign the other, nor in any way interfere with thE: peaceful existence, separate and
apart from the other.
3. Wife's Debts. Wife represents and warrants to Husband that since the separation
she has not and in the future she will not contract or incur any debt or liabihty for which
Husband or his estate might be responsible and shall indenmify and save Husband harmless
from any and all claims or demands made against him by reason of debts or obligations
incurred by her.
4. Husband's Debts. Husband represents and 'warrants to Wife that since the
separation he has not and in the future he will not contract or incur any debt or liability for
which Wife or her estate might be responsible and shall indemnify and save Wife harmless
from any and all claims or demands made against her by reason of debts or obligations
incurred by him.
5. Outstanding Joint Debts. The parties acknowledge and agree that they have no
outstanding debts and obligations incurred prior to the sigm[ng of this Agreement, except as
follows:
A. Husband shall be responsible for the loan to Members First for the boat, and
agrees to indemnify, defend and hold Wife harmless from any claim or demand made against
Wife by reason of such debt.
In the event that either party contracted or incurred any debts since the date of
separation, the party who incurred said debt shall be responsible for the payment thereof,
regardless of the name in which the account may have been charged, and such party shall
Separation and Property Settlement A~reem~nt - Michelle L. Wat-,_~on and Timothy M. Wat~=on Pa~e ;~
indemnify, defend and hold the other party harmless from any claim or demand made against
that party by reason of such debt.
6. Equitable Distribution of Marital Property. The parties have attempted to
distribute their marital property in a manner which conforms to the criteria set forth in §3501
et. seq. of the Pennsylvania Divorce Code and talting into account the following
considerations: the length of marriage; the fact that it is the first marriage for Husband and
Wife; the age, health, station, amount and sources of income, vocational skills, employability,
estate, habilities and needs of each of the parties; the ,contribution of each party to the
education, training or increased earning power of the other party; the opportunity of each
party for future acquisitions of capital assets and incorn.e; the sources of income of both
parties, including but not hrnited to medical, retirement,, insurance or other benefits; the
contribution or dissipation of each party in the acquisition, preservation, depreciation or
appreciation of the marital property, including the contribution of each spouse as a
homemaker; the value of the property set apart to each party; the standard of living of the
parties estabhshed during the marriage; and the economic circumstances of each party at the
time the division of property is to become effective.
The division of existing marital property is not intended by the parties to constitute
in any way a sale or exchange of assets, and the division of same being effected without the
introduction of outside funds or other property not constituting marital property. The division
of property under this Agreement shall be in full satisfaction of all marital rights of the parties.
A. Distribution of Personal Property.
The parties hereto mutually agree that they have effected a satisfactory diviSion of
the furniture, household furnishings, apphances, and other household personal property
between them, and they mutually agree that each party shail from and after the date hereof
be the sole and separate owner of all such tangible personal property presently in bis or her
possession and this Agreement shall have the effect of an assignment or bill of sale from each
party to the other for such property as may be in the individual possession of each of the
parties hereto.
The parties hereto have divided between themselves, to their mutual satisfaction,
all items of tangible and intangible marital property. Neither party shall make any claim to
S_~paration and Pro__~ Settlement AJEreement - Michelle L. Watson and Timothy M. Watson Pa_~
any such items of marital property, or of the separate personal property of either party, which
are now in the possession and/or under the control of the other. Should it become necessary,
the parties each agree to sign, upon request, any titles or documents necessary to give effect
to this paragraph. Property shall be deemed to be in the possession or under the control of
either party if, in the case of tangible personal property, the item is physically in the
possession or control of the party at the time of the signing of this Agreement and, in the case
of intangible personal property, if any physical or writte:a evidence of ownership, such as
passbook, checkbook, policy or certificate of insurance .or other similar writing is in the
possession or control of the party. Husband and Wife shall each be deemed to be in the
possession and control of their own individual pension or other employee benefit plans or
retirement benefits of any nature to which either party may have a vested or contingent right
or interest at the time of the signing of this Agreement, and neither will make any claim
against the other for any interest in such benefits, except as stated herein.
From and after the date of the signing of this Ag~reement, both parties shall have
complete freedom of disposition as to their separate property and any property which is in
their possession or control, PurSUant to this Agreement, and may mortgage, sell, grant,
convey, or otherwise encumber or dispose of such property, whether real or personal, whether
such property was acquired before, during or after marriage, and neither Husband nor Wife
need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other
pertaining to such disposition of property.
B. Distribution of Real Estate.
Husband has transferred to Wife prior to the execution of this Agreement, all of his
interest in and title to the real estate at 1194 Highland Drive, Mechanicsburg, Pennsylvania
in exchange for which Wife agrees to be solely responsible for any mortgage obligation as well
as for the payment of all current and future taxes, insurancE; and utility bills relative to said
real estate.
7. Vehicles. Notwithstanding Paragraph 6 of this Agreement, Husband shall retain
possession and ownership of his Pickup Truck and the race car presently in his possession.
Wife hereby transfers all of her right, title and interest in said vehicle to Husband. In
consideration thereof, Husband shall assume full responsibility for payment and eventual
Se_~oaration and Pro~_~ Settlement A__~qreement. Michelle L. Watson and Timothy M. Watson Pa_a~_~
satisfaction of any and ali liens presently encumbering the vehicle, and to inderrmify, defend
and hold Wife harmless for the same. Wife hereby agrees to sign any title or other documents
necessary to transfer ownership of said vehicle at any time, upon demand, and further shall
indemnify Husband for any costs, including actual counsel fees, incurred by Husband to
enforce this provision.
Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession and
ownership of the 1995 Ford Taurus presently in her possession. Husband hereby transfers all
of his right, title and interest in said vehicle to Wife. In consideration thereof, Wife shall
assume full responsibility for payment and eventual satisfaction of any and all liens presently
encumbering the vehicle, and to indemnify, defend and hold Husband harmless for the same.
Husband hereby agrees to sign any title or other documents necessary to transfer ownership
of said vehicle at any time, upon demand, and further shall indemnify Wife for any costs,
including actual counsel fees, incurred by Wife to enforce this provision.
8. Alimony. Both parties acknowledge and agree that the provisions of this
Agreement providing for equitable distribution of marital property are fair, adequate and
satisfactory to them, and are accepted by them in lieu of and in full and final settlement and
satisfaction of any claims or demands that either may now or hereafter have against the other
for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently,
waive and relinquish any right to seek from the other any payment for support or alimony.
Each party shall indemnify, defend and hold the other harmless against any future action for
either support or alimony brought by or on behalf of the other, such indemnity to include the
actual counsel fees of the defendant in any such future action.
9. Custody. Custody of the parties' minor children shall remain in Wife, subject to
Husband having temporary custody for purposes of visitation.
10. Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife
acknowledge and agree that the provisions of this Agreement providing for the equitable
distribution of marital property of the parties is fair, adequate and satisfactory to them. Both
parties shall accept the provisions set forth in this Agreement in lieu of and in full and final
settlement and satisfaction of all claims and demands that either may now or hereafter have
against the other for alimony pendente lite, counsel fees or expenses, or any other provision
S_~paration and Pro__]~__~y_Settlement Agreement - Michelle L. Watson and Timothy M. Watson Pa e~[~
for their support and maintenance before, during and after the commencement of any
proceedings for divorce or annulment between the parties. Each party shall be responsible
for his or her own counsel fees, and each agrees to indemnify, defend and save the other
harmless from any action commenced against the other for alimony pendente lite, counsel fees
and/or expenses.
11. Divorce. A Complaint in Divorce has been filed to No. 2002-01267 in the Court
of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to
proceed without further delay to secure the divorce. Both parties shall sign an Affidavit
evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the
event, for whatever reason, either party fails or refuses to execute such affidavit upon the
other party's timely request, that party shall indemnify, defend and hold the other harmless
from any and all additional expenses, including actual cotmsel fees resulting from any action
brought to compel the refusing party to consent. Each p~u-'ty hereby agrees that a legal or
equitable action may be brought to compel him or her to execute a Consent form and that,
absent some breach of this Agreement by the proceeding party, there shall be no defense to
such action asserted.
12. Time of Distribution. The assets and interests to be transferred under and
pursuant to this Agreement shall be conveyed and transferred to the respective parties
immediately upon the execution of this Agreement. All .spousal support and other such
obligations, including alimony, shall immediately terminate. The parties shall cooperate by
executing whatever documents are necessary to effectuate a divorce under §3301(c) or
§3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be
enforceable by an assumpsit action for specific performa~ace. However, upon refusal to
consent, all distributed property shall be retumed to the party originally in possession, until
the time of final Decree.
13. Release. Subject to the provisions of this Agreement, each party has released
and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release, indemnify (including actual
legal fees) and discharge the other of and from all causes of action, claims, rights, or demands,
whatsoever in law or equity, including equitable distribution, spousal support, alimony,
Separation and P~ Settlement Agreement. Michelle L. Walson and Timothy M. Watson Pa_~
counsel fees, alimonypendente lite, and expenses which either of the parties against the other
ever had, now has, or may have in the future under tlhe Pennsylvania Divorce Code, as
amended, or under any other statutory or common law, except any and all causes of action for
divorce and all causes of action for breach of any provisions of this Agreement. Each party
also waives his or her right to request marital counseling, pursuant to §3302 of the Divorce
Code.
14. Waivers of Claims Against Estates. Except as herein otherwise provided, each
party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire under the present
or future laws of any jurisdiction, to share in the property or the estate of the other as a result
of the marital relationship, including without limitation, dower, curtesy, statutory allowance,
widow's allowance, right to take in intestacy, right to take, against the Will of the other, and
right to act as administrator or executor of the other's estate, and any right existing now or in
the future under the Pennsylvania Divorce Code, as amended from time to time, and each will,
at the request of the other, execute, acknowledge and deliver any and all instruments which
may be necessary or advisable to carry into effect this mutual waiver and relinquishment of
all such interests, rights and claims.
15. Rights on Execution. Immediately upon the execution of this Agreement, the
rights of each party against the other, despite their continuing marital status, shall terminate
and be as if they were never married.
16. Breach. In the event of breach of any of the terms of this Agreement, the non-
breaching party shall be paid, as part of any award or judgrnent against the breaching party,
all costs, including actual counsel fees paid to his or her attorney.
17. Incorporation in Final Divorce. The terms of this Agreement shall be
incorporated but shall not merge in the final divorce decree between the parties. This
Agreement shall survive in its entirety resolving the spousal support, alimony, property and
other interests and rights of the parties under and pursui~nt to the Divorce Code of the
Commonwealth of Pennsylvania. This Agreement may be enforced independently of any
support order, divorce decree or judgment and its terms shall take precedence over same,
remaining the primary obligation of each party. This Agreement shall remain in fun force and
S_[paration and Pro ej~.~_[ Settlement Agreement - Michelle L. Watson and Timothy M. Watson Pa e~[~
effect regardless of any change in the marital status of the parties. It is warranted,
covenanted and represented by Husband and Wife, each to the other, that this Agreement
is lawful and enforceable and this warranty, covenant a~d representation is made for the
specific purpose of inducing the parties to execute the Agreement.
18. Additional Instruments. Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party, any and all further
instruments that may be reasonably required to give fun force and effect to the provisions of
this Agreement.
19. Separability. In case any provision of this Agreement should be held to be
contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegaliw
and invalidity shall not in any way affect the other provisions hereof, all of which shall
continue, nevertheless, in full force and effect, and each Paragraph herein shall be deemed to
be a separate and undisputed covenant and agreement.
20. Entire Agreement. This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants and undertakings other than
those expressly set forth herein. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and division of marital and
separate property are fair, equitable and satisfactory to them, based on the length of their
marriage and other relevant factors which have been taken :into consideration by the parties.
Both parties hereby accept the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and satisfaction of all claims and demands
that they may now have or hereafter have against the other :For equitable distribution of their
property by any Court of competent jurisdiction pursuant to Section 3502 of the Divorce code
or any other laws. Husband and wife each voluntarily and ir.~telligently waive and relinquish
any right to seek a Court ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waiver by either party of any rights to seek the
relief of any court for the purpose of enforcing the provisions of this Agreement.
21. Modification and Waiver. A modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and executed with the same formality
as this Agreement. The failure of either party to insist upon strict performance of the
S_.~_paration and Pro_~____r~ Settlement A~reement. Michelle L. Watson and Timoth~ M. Watson Pa e~[~
provisions of this Agreement shall not be construed as a waiver of any subsequent default of
the same or similar nature.
22. Intent. It is the intent of the parties by this Agreement to fully and finally
foreclose any resort to the Courts for relief on the basis of any statute or case law presently
existing or which may exist at some time in the future within the Commonwealth of
Pennsylvania, including but not limited to equitable distribution, alimony and other relief
under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and
accepted on the basis that such resort would constitute a breach under this Agreement,
entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as
provided by the terms of this instrument, it is intended that the Court shall treat the parties
as if they had never entered into a marital relationship. This Agreement shall be interpreted
and governed by the laws of the Commonwealth of Pennsylvania and, where such law is
inconsistent, the terms of this instrument shall govern.
23. Voluntary Execution. The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is fair and equitable, that it is being entered into
voluntarily, with fun knowledge of the assets of both parties, and that it is not the result of any
duress or undue influence. The parties acknowledge that they have been furnished with all
information relating to the financial affairs of the other which has been requested by each of
them or by their respective counsel.
24. Descriptive Headings. The descriptive iheadings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the parties.
25. Agreement Binding on Heirs. This Agreement shall be binding and shall inure
to the benefit of the par~ies hereto, and their respective heirs, executors, administrators,
successors and assigns.
26. Reconciliation. Notwithstanding a reconciliation between the parties, this
Agreement shall continue to remain in full force and effect absent a writing signed by the
parties stating that this Agreement is null and void.
S_~paration and Pro e_p~_~ Settlement A_~eement - Michelle L. Watson and Timothy M. Watson
IN WITNESS WHEREOF, the par~ies hereto have hereunto set their hands and seals
the day and year first above written.
WITNESS:
,' i ': " '" ,'~ : i~ ~
,~chellE~'L. Watson ..... · .....
'l~rnoth~/I. Watson
Pa
IN THE: COURT OF COMMON
OF CUMBERLAND COUNTY
STATE OF PENNA.
MICHELLE L. WATSON,
Plaintiff
VERSUS
Defendant
NO. 01267
PLEAS
2002
DECREE IN
AND NOW,
DIVORCE
, ~, IT IS ORDERED AND
DECREED THAT
Michelle L. Watson
, PLAINTIFF,
AND
Timothy M. Watson
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The terms of the Separation andi~roperty Settlement Agreement between the
parties dated January 24,
but shall not merge in the --
final Divor~ree bet, n
Any eRisting spousal supoort order ~f~ll hereinafter]be
pendente lite if any economic cla~~
ATTE~F. ·
2003 is hereby incorporated as if set forth at length
the parties.
deemed an order gor alimo
PROTHONOTARY
FEB 10 2003
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES,
a Pennsylvania Organization, d/b/a
COUNTRY MEADOWS OF WEST SHORE IV,
Vo
Plaintiff,
ANN E. PERAGINE,
Defendant.
No. 2002-3225 P
CIVIL ACTION - LAW/EQUITY
ORDER OF COURT
AND NOW, this l/~L day of ~--~' Lin. u ~ -~, ,2003,
upon consideration of Plaintiff's Motion to Make Rule Absolute, 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 within
(20) days of service of this Order.
BY THE COURT:
O,2-12:O3
Jo
81~3.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES, '
a Pennsylvania Organization, d/b/a '
COUNTRY MEADOWS OF WEST SHORE IV, ·
Plaintiff, '
Mo
ANN E. PERAGINE,
Defendant.
No.
2002-3225 P
CIVIL ACTION - LAW/EQUITY
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes, Movant, Country Meadows Associates d/b/a Country
Meadows of West Shore IV, by and through its counsel, Latsha, Davis and Yohe, P.C.,
and files this motion to make rule absolute and, in support thereof, states:
1. On December 9, 2002 Country Meadows Associates d/b/a Country
Meadows of West Shore IV, ("Movant') filed a Motion to Compel Discovery.
2. On December 16, 2002, this Honorable Court directed the Respondent to
show cause within twenty days of service why the relief requested by Movant in its
Motion to Compel Discovery should not be granted.
3. On January 16, 2003, Movant served Respondent with the above-
referenced rule to show cause.
4. Respondent failed to show cause on or before February 5, 2003, why the
relief requested by Movant in its Motion to Compel Discover should not be granted.
81273.1
WHEREFORE, Movant, Country Meadows Associates d/b/a Country Meadows
of West Shore IV, respectfully requests that its Motion to Compel Discovery be granted.
Respectfully submitted,
LATSHA DAVIS & YOHE, P.C.
Dated::~~-
Chadwick O. Bogar
Attorney I.D. No. 83755
P.O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Plaintiff,
Country Meadows Associates,
d/b/a Country Meadows of
West Shore IV
81273.1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES,
a Pennsylvania Organization d/b/a
COUNTRY MEADOWS OF WEST SHORE IV
Plaintiff,
V.
ANN E. PERAGINE
Defendant.
No. 2002-3225 P
CIVIL ACTION - LAW/EQUITY
MOTION FOR SANCTIONS
AND NOW, COMES, Plaintiff, Country Meadows Associates, d/b/a Country
Meadows of West Shore IV, by and through its attorneys, Miller Lipsitt, LLC, and offers
the following by way of Motion for Sanctions and, in support thereof, represents:
1. On or about July 8, 2002, Plaintiff, Country Meadows Associates, d/b/a
Country Meadows of West Shore IV ("Plaintiff"), commenced the above-captioned
action against Defendant, Ann E. Peragine ("Peragine").
2. On or about July 10, 2002, Plaintiff served Defendant Peragine with its
First Request for Production of Documents.
3. Defendant Peragine 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 October 16, 2002, Plaintiff noticed Defendant Peragine to
appear on November 6, 2002, to give deposition testimony and produce those
documents and other materials requested in Plaintiff's First Request for Production of
Documents.
2
5. Defendant Peragine failed to appear for said deposition in violation of
Pa. R.C.P. 4007.1.
6. On February 11, 2003, an Order was issued directing Defendant to
produce those documents and other materials identified in Plaintiff's First Request for
Production of Documents and to appear and give deposition testimony.
7. Plaintiff failed to comply with the aforementioned Order.
WHEREFORE, Plaintiff, Country Meadows Associates, d/b/a Country
Meadows of West Shore IV, respectfully requests that Defendant, Ann E. Peragine, be
ordered to appear before this Honorable Court and convey why she failed to comply
with its Order dated February 11, 2003, and should not suffer sanctions as a result
thereof.
Respectfully submitted,
]Vft'L-'L~R LIPSITT, LLC
~ ~ ~
Chadwick 0. Bogar~----'---"~-
Attorney I. D. No. 83755
2157 Market Street
Camp Hill, PA 17011
717.737.6400
Attorneys for Plaintiff, Country
Meadows Associates, d/b/a
Country Meadows of West Shore
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Motion for Sanctions was served by first-class, United States mail, postage
prepaid, and Certified Mail, Return Receipt Requested upon the following:
Ann E. Peragine
The Iron Kettle
2050 State Road
Camp Hill, PA 17011
4
IN THE COURT OF COMMON[ PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COUNTRY MEADOWS ASSOCIATES,
a Pennsylvania Organization d/b/a
COUNTRY MEADOWS OF WEST SHORE IV
Plaintiff,
V.
ANN E. PERAGINE
Defendant.
No. 2002-3225 P
CIVIL ACTION - LAW/EQUITY
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Miller Lipsitt, LLC, on behalf of the Plaintiff
Country Meadows Associates.
Respectfully submitted,
Dated:~] [~ / 0,~
MILLER LIPSITTr LLC
Chadwick O. Bogar, Esq.
Attorney I.D. No. 83755
2157 Market Street
Camp Hill, PA 17011
717.737.6400
i
COUNTRY MEADOWS :
ASSOCIATES, a :
Pennsylvania Organization,:
d/b/a COUNTRY :
MEADOWS OF WEST :
SHORE IV,
Plaintiff
Vo
ANN E. PERAGINE,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-3225 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of April, 2003, upon consideration of Plaintiff's Motion
for Sanctions, a hearing is scheduled for Thursday, June 5, 2003, at 9:30 a.m., in
Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
esley Ol~,~/rr., - J.
Chadwick O. Bogar, Esq.
2/~151er Lipsitt, LLC
7 Market Street
Camp Hill, PA 17011
Attorney for Plaintiff
~m E. Peragine
The Iron Kettle
2050 State Road
Camp Hill, PA 17011
Defendant, Pro Se
:rc
COUNTRY MEADOWS :
ASSOCIATES, a :
Pennsylvania Organization:
d/b/a COUNTRY MEADOWS OF :
WEST SHORE IV, :
Plaintiff :
ANN E. PERAGINE, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 02-3225 CIVIL TERM
ORDER OF COURT
AND NOW, this 5th day of June, 2003, upon
consideration of Plaintiff's Motion for Sanctions filed on
April 14, 2003, in the above-captioned case, and following
a hearing at which the Plaintiff was represented by
Chadwick O. Bogar, Esquire, and at which Defendant did not
appear, and based upon the history of this case,
Plaintiff's Motion for Sanctions is granted, to the extent
that the allegations of Plaintiff's complaint herein are
deemed admitted by the Defendant for purposes of all
further proceedings herein.
/~2hadwick O. Bogar,
157 Market Street
Camp Hill, PA 17011
For the Plaintiff
~nn E. Peragine
The Iron Kettle
2050 State Road
Camp Hill, PA 17011
Defendant, Pro Se
wcy