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MORGAN & MORGAN, P.C.
BY: SCOTI W. MORGAN. ESQUIRE
IDENTIFICATION NO. 36721
120 SOUTH STREET
HARRISBURG. PA 17101-1210
(717) 236-7959
LEADER HEAL'fH CARE GROUP
1700 Market Street
Camp Hill. PA 17011,
ATIORNEYS FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
Plaintiff
NO.
v.
CIVIL ACTION - LAW
ESTATE OF ERMA LAWSON
700 South Market Street
Mechanicsburg, PA 17055
and
JAMES LAWSON
700 South Market Street
Mechanicsburg, PA 17055,
Defendants
COMPLAINT
Plaintiff. by its attorneys, Morgan & Morgan, P.C. , hereby complains against
Defendant as follows:
I. Plaintiff is a business organization operating the Leader Nursing and
Rehabilitation Center located at the above address.
2. Defendant is the estate of Erma Lawson, deceased, and is administered by
James Lawson at the above address.
3. Defendant James Lawson is an adult individual residing at the above
address.
4. On or about November II, 1988. Erma Lawson was admitted as a resident
to the Leader Nursing and Rehabilitation Center.
S. On or about that date. Defendant James Lawson entered into an agreement
and contract with Plaintiff to accept personal responsibility to pay all charges for care and
treatment of Erma Lawson during her admission to Leader Nursing and Rehab Center. A
copy of that agreement is attached hereto as Exhibit 0 A. 0
6. Erma Lawson died at the Leader Nursing Home on or about January 3.
1994. and at that time owed $8,781.71 in unpaid charges. A copy of the invoice is attached
hereto as Exhibit oB.o
7. Despite repeated requests for payment. the estate of Erma Lawson and
James Lawson have refused to pay these legitimate charges,
COUNT I
PLAINTIFFv. ESTATE OF ERMA LAWSON
8. Plaintiff incorporates herein by reference the allegations of paragraphs 1
through 7, as if fully set forth at length.
9. Erma Lawson had agreed to pay all charges incurred as a result of her
admission as a resident to the Leader Nursing and Rehabilitation Center. and. now that she is
deceased. her estate is obligated to pay those charges.
10. Pursuant to the admission agreement. Erma Lawson agreed (0 pay charges
that she incurred as well as a monthly finance charge of one and one-half percent (1 1/2 %) of
2
any balance unpaid after thirty (30) days of billing, as well as reasonable collection charges
and costs.
11. As of this date. the outstanding balance remains unpaid.
12. Defendant is in breech of the agreement and contract with Plaintiff, and
should be required to pay the outstanding balance. plus appropriate interest. costs and
attorneys fees.
WHEREFORE, Plaintiff demands judgment against Defendant in an amount not
in excess of $20.000.00.
COUNT 11
PLAINTIFFv. JAMES LAWSON
13. Plaintiff incorporates herein by reference the allegations of paragraphs I
through 7, as if fully set forth at length.
14. Pursuant to their agreement, James Lawson agreed to guarantee payment of
charges incurred by Erma Lawson as well as a monthly finance charge of one and one half
percent of any balance unpaid over thirty (30) days after billing, as well as reasonable
collection charges and costs.
IS. As of this date, the outstanding balance remains unpaid.
3
16. Defendant is in breach of the agreement and cOlllract with Plaintiff, and
should be required to pay the outstanding balance, plus appropriate interest, costs and
attorney's fees.
WHEREFORE, Plaintiff demands judgment against Defendant in an amount not
in excess of $20,000.00.
MORGAN & MORGAN, P.C.
DATED:
,/a (ft
By sc~~~
Attorneys for Plaintiff
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WHEREAS _ ' hL!~~-,:..:L;-.t.::.>k':!~____.___ ,s on need of nurs,ng care and the parties
signed below wish 10 have said person admllted to il Leader Nurs,ng and Relwb,lotat,on Center as a "guest"(i,e, patient);
and
WHEREAS the Leader Heallhcare Group of Manor Healthcare Corp, has agreed to admit sa,d guest to its standard
medical. f,nanc,al and other eXlsl'ng policies to an approproate level of care nursing bed;
IN CONSIDERATION THEREOF, by Ih,s Agreemenl, entered into between the LEADER HEALTHCAAE GROUP
(hereinafter "LEADER") and the persons whose name or names are signed at the end of this Agreement as responsible
parties for said guest, the parties ag:ee as follows:
1, I/we agree to accept personal financial responsibiloly to pay all proper charges for the care and treatment of the
guest at the Leader Nursong and Rehabilitalion Center, Such charges include but are not limited to those for room and
board, twenty.four hour general nursing services, room reservation (when requested), and any other charges for the
care, personal and medical suppl,es. treatments and special ervices prov,ded for the guest in the discretion of the
patient's phys,c,an and the Leader Nursil1g and Rehabilitation Center. I/we acknowledge thatl/we have been provided
with a schedule of items and services and their respective charges which are not included in the per diem rates for
standard nurs,ng care,
2, I/we understand and agree that financial responsibility for said guest is independent of the past. present or
future status of any claims for ,nsurance. Medicare, Medicaid, other governmental programs. funds due the guest. funds
of the guest or any other source of payment, whatsoever
3, I/we am/are act,ng individually and not as a trustee, agent or fiduciary with respect to any lundscontrolledby
or due said guest, and further understand and agree that the liability of eah signatory hereto shall be sole. so that
LEADER may request payment of the entire balance due from one signatory though two or more persons may have
signed this Agreement,
4, I/we understand and agree that charges for routine room. board and routine medications are billed in advanee
on the first of each month, Med,eal supplies, Iherapy. treatments and other special services or supplies are billed on the
following month's statement, All b,lIs are due and payable ten (10)days from date of mailing, Upon admission it is the
policy of LEADER to require an inotial payment of 30 days' room and board charges,
5, I/we agree to pay a monthly finance charge of one and one. half percent (annual percentage rate of 18%) of any
balance unpaid 30 days after billing. and further agree to pay all reasonable collection charges in addition to any unpaid
balance ,n the event this account is referred to an attorney or collection agency and to pay all reasonable costs incurred
in filing a complainlthrough any unusual collection channels,
6, I/we understand and agree that the current schedule of charges for routine and special services may be
changed upon rece'pt of 30 days' notice,
7, I/we understand and agree that the Leader Nursing and Rehabilitation Center is not responsible for and will
not be held liable for money or any articles of value lost, misplaced or stolen,
8, I/we agree and understand that this Agreement obligates LEADER 10 provide the appropriate level or nursing
care to said guest and that no particular room or floor is the subject or consideration of this Agreement; it is further
agreed and understood that LEADER may transfer said guest wilhin the nursing center without receiving prior
authorization from me/us or the guest,
9, I/we understand and agree that LEADER undertakes no legal obligation to continue to provide nursing care
and is authorized to discharge the guest,f the guest or I/we become unable or unwilling to pay the cost of such care out
of the guest's or my/our personal or trust funds; I/we agree to give LEADER at least s,x (6) months' notice in writing prior
to the t'me when I/we will be unable to pay such charges ,n full; I/we further agree 10 make all necessaryarrangements
for the removal of said guest for finanCial reasons upon receipt of thirty (30) days' notice in writing from the Leader
Nursong and Rehabilitat,on Center,
10, If sa,d guest ,s covered by Med,care, I/we agree to accept financlal responsibility lor the guest when Medicare
benefits are exhausted or lerminated, At such lime I/we understand and agree that I/we will be billed privately
according to the l"rons of th,s Agreement
FINANCIAL RESPONSIBILITY AND PATIENT ADMISSION AGREEMENT
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11, I/we understand and agree that the infirmities of the aged may result In accIdents caused by Illness.
unsteadiness, confusion, poor s'ght and assoc,ated problems, KnOWing that LEADER 's duly lIcensed to g,ve nursing
care and takes necessary measures to protect its patients. I/we further agree not to hold LEADER lIable for any accident
involving sa,d guest, regardless of causation, or for any expenses related thereto,
12. I/we understand and agree that in case of emergency and in the event the guest's personal physIcian is
unable to attend. LEADER may engage any licensed phYSician to allllnd to said guest and II we further authorize such
phys,cian to render all such medical treatment as he or she may deem necessary,
13, I/we understand and agree that if in LEADER's opinion said guest's behavior is detrimental to h,s or her own
safety or welfare or that of other guests. said guest may be discharged at the sole discretion of LEADER, It is further
understood and agreed that if the guest does not require the appropriate level of care provided, said guest may be
discharged by LEADER; in these events. I/we agree to make all necessary arrangements for removal of sa,d guest from
the Leader Nursing and Rehabilitation Center within seven (7) days of receipt of notice in writing,
14, I/we understand and agrell that if removal of said guest IS r"quested by LEADER due to noncompliance with
any provision of this Agreement. LEADER is hereby authorized to take any and all steps necessary to place said patient in
publicly financed care or to arrange for transportation of said patient to the place of residence of any signatory hereto,
15, I/we understand and agree that the guest admission policy of the Leader Nursing and Rehabilitation Center is
for a minimum stay of fourteen (14) days, This requirement does not pertain to Medicare and Mlldica,d beneficiafles,
16, I/we agree to give LEADER at least three (3) days' notice of intent toremove said guest from the Center, This
requirement does not perta,n 10 Medicare and Med:caid benefiCIaries,
17, I/we acknowledge that guest's self.esteem and dignity are raised by an allractive appearance and agree to
provide said guest with attractive, well-fitting permanent press clolh,ng and to maintain such in good repair,
18, I/we fun her agree to personally make regular visits 10 and to maintain an interest in saId guest and to
encourage others to do the same,
19, I/we agree to arrange for transportation for said guest to professional offices for examinat,ons or other
special services,
20, I/we acknowledge receipt of a copy of this Agreement acknowledge thall/we have read and understand it.
and agree that this signed Agreement constitutes the entire Agreement belween me/us and LEADER, This Agreement
may be amended only be a writing signed by both parties,
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(Names of Responsible Parties)
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Respons,ble Party
Respons,ble Party
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Date:
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AuthorIZed Agent of Leader Healthcare Group
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STATEMENT
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CHARGES OR PAYMENTS 'NCURRED
AFTER B'U1NG DATE W'll APPEAA
ON NEXT STATEMENT RENDERED,
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SHEH 11'1." S 1lJ':l'UHN
CCM-lONWEAL'111 OF PENNSYLVANIA:
COUm'Y OF CLMBERl.AND
Leader Health Care Group
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-5452 Civil Term
Complaint in Civil Action Law
and Notice
VS
Estate of Erma Lawson and James Lawson
SERVE: James Lawson
Michael Barrick
, ltlIoeENX'xlllz Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law, says,
that he served the within
Estate of Erma Lawson
upon
Complaint in Civil Action Law and Notice
and James Lawson
, the defendant, at 4: 54 0 'clock
P.
.M. ~)(l'xx EDs'r, on the
September , 19-2~t
26th
day of
7Q~S. Market Street. Mechanicsburq
, Cumberland County,
Pennsylvania. by handing to
James Lawson for himself and as
Administrator for Erma Lawson
a true and attested copy of the Complaint in Civil Action Law and Notice,
and at the same time directing
his
attention to the contents thereof and
the "Notice to Plead" endorsed thereon,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers,
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18.00
5.60
, .
4.GO
27.60 Pd. by Atty.
9-27-94
R. Thomas Kline, Sheriff
bY_~~ ;/~tJf{
~puty Sheriff
Sworn and subscribed to before roo
this I 3 ''.!:-
day of @rr;1ll=-.-
19 '11/ A.D.
----'-
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Prothonotary
MORGAN & MORGAN. 1',(',
IIY: scorr W, MORGAN. ESQUIRE
IDENTIFICATION NO, 36nl
110 SOUTlI STREET
IIARRISIIURG. PA 17101-IWl
(717) 136-7959
ATTORNEYS fOR PLAINTIFF
l.EADER IIEALTIICARE GROUP,
Plaintiff
IN TilE COURT Of COMMON PLEAS
CUMBERLAND COUNTY. PENNA.
v.
NO. 94.5452 CIVIL
ESTATE Of ERMA LAWSON. et aI.,
Defendalll
CIVIL ACTION. LAW
ORDER TO SETTLE. DISCONTINUE AND END
TO TilE PROTIIONOTARY:
Kindly mark the above matter settled. discontinued and ended upon payment of
your costs, only.
MORGAN & MORGAN, P.C.
DATED: October 'L ., ,1994
By S~,j:Zr~''\. \v .
s(:Olt WI Morgan. Esqu~e
Attorney for Plaintiff /