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SS WZ Stow Municipal Court
Amber Zibritosky - JUDGE ALISON MCCARTY
Clerk of Courts
4400 Courthouse Drive 2006 18. AM 8:99
a Stow, Ohio 44224
(330) 564-4110
Quresy
SUM COUNTY
CLER K OF COURTS
NOTICE OF TRANSFER
COSTS IN MUNICIPAL COURT CASE NO: 2023CVF02596
PLAINTIFF'S | DEFENDANT'S
COSTS COSTS ALTERCARE TRANSITIONAL CARE OF THE
WESTERN RESERVE
CLERK & BAILIFF $135.26 $115.00 5000 SOWUL BOULEVARD
STOW, OH 44224
WITNESS FEES ATTY: STEVEN J HUPP
Plaintiff
JUROR FEES
APPRAISER FEES VS
LEGAL NEWS $13.00 STUART M BAILEY
2759 7™ STREET
STATE OF OHIO $25.74
CUYAHOGA FALLS, OH 44221
COMPUTER FEE $10.00 ATTY: BRANDON M DEAN
Defendant
SPECIAL PROJECTS $25.00
TOTAL COSTS $209.00 $115.00
Deputy Clerk
Serving Stow, Cuyahoga Falls, Hudson, Tallmadge, Macedonia, Twinsburg, Munroe Falls, Silver Lake, Peninsula, Reminderville,
Northfield, Boston Heights, Boston Township, Sagamore Hills, Northfield Center Township, & Twinsburg Township
Date: 01/10/2024 12:42:35.5 Docket Sheet Page: 1
CRTR5925 Detail
Case Number Status sudge
2023CVFO2596 OPEN COATES, LISA L.
In The Matter Of Action
Altercare Transitional Care of the Western Reserve -vs- (EFILING)
Bailey, Stuart M. CONTRACT - UP TO
TWO DEFENDANTS
arty Attorneys
Altercare Transitional Care of the PLNTF HUPP, STEVEN 3
Western Reserve
5000 Sowul Boulevard HUPP MARGOLIS & LEAK LLC
STOW, OH 44224 1422 EUCLID AVENUE SUITE 500
CLEVELAND, OH 44115
Bailey, Stuart M, DEFEND? DEAN, BRANDON M
2759 7th Street SLATER & ZURZ LLP
CUYAHOGA FALLS, OH 44221 ONE CASCADE PLAZA SUITE 2210
AKRON, OH 44308
REUSCHER, TARA S CNSLR REUSCHER, TARA S
7171 KECK PARK CIR NW 7171 KECK PARK CIR NW
NORTH CANTON, OH 44720 NORTH CANTON, OCH 44720
DEAN, BRANDON M CNSLR DEAN, BRANDON M
SLATER & ZURZ LLP SLATER & ZURZ LLP
ONE CASCADE PLAZA SUITE 2210 ONE CASCADE PLAZA SUITE 2210
AKRON, OH 44308 AKRON, OH 44308
HUPP, STEVEN J CNSLR HUPP, STEVEN J
HUPP MARGOLIS & LEAK LLC HUPP MARGOLIS & LEAK LLC
1422 EUCLID AVENUE SUITE 500 1422 EUCLID AVENUE SUITE 500
CLEVELAND, OH 44115 CLEVELAND, OH 44115
Hupp Margolis & Leak LLC FIRM
1422 EUCLID AVENUE
SUITE 500
CLEVELAND, OH 44115
Opened Disposed fase Type
09/18/2023 Undisposed cIvIL
‘Comments:
No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
@D [gel 09/18/23 CIVIL COMPLAINT FILED (UP TO TWO 209.00
DEFENDANTS) 0.00
Attorney: REUSCHER, TARA S (0076541)
Receipt: 469541 Date: 09/18/2023
@) [GM] 09/18/23 CIVIL COMPLAINT AND SUMMONS ISSUED BY 0.00
CERT MAIL #4007 94 - RETURNED "NOT 0.00
DELIVERABLE AS ADDRESSED"
TO STUART BAILEY
CIVIL SUMMONS
Sent ont: 09/18/2023 12:27:44.25
Date: 01/10/2024 12:42:35.7 Docket Sheet Page: 2
CRTRS925 Detail
2023CVF02596 Altercare Transitional Care of the Western Reserve -vs- Bailey, Stuart
No Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
@) GB 09/25/23 COUNTERCLAIM (FEE DOES NOT INCLUDE 65.00
SERVICE) FILED BY 0.00
Defendant's Answer & Counterclaim
Attorney: DEAN, -BRANDON M (0089376)
Receipt: 469998 Date: 09/25/2023
(ty 09/28/23 HEARING SCHEDULED 0.00
Event: Pre-Trial 0.00
Date: 01/08/2024 Time: 2:30 pm
Judge: CLARK, JOHN W. Location:
COURTROOM 1
09/28/23 HEARING SCHEDULED 00
Event: Trial 0.00
Date: 02/08/2024 Time: 3:15 pm
Judge: CLARK, JOHN W. Location:
COURTROOM 1
09/28/23 PRE-TRIAL ORDER PREPARED 00
0.00
CIVIZ PRETRIAL ORDER
Sent on: 09/28/2023 14:06:28.93
© W@ai 10/03/23" PRETRIAL ORDER BY MAGISTRATE CLARK
COPIES MAILED
00
0.00
1G¥ 10/20/23 MOTION FOR LEAVE TO PLEAD (FIRST) 00
FILED BY 0.00
Attorney: REUSCHER, TARA S (0076541)
@) f@a) 10/23/23 MOTION TO TRANSFER TO ANOTHER COURT 50.00
FILED BY 0.00
Attorney: DEAN, BRANDON M (0089376)
Receipt: 471613 Date: 10/23/2023
10 (Ga) 11/13/23 NOTICE OF APPEARANCE FILED BY 0.00
Attorney: HUPP, STEVEN J (0040639) 0.00
il {ee 12/13/23 ANSWER FILED BY 0.00
Attorney: HUPP, STEVEN J (0040639) 0.00
@) (ey) 11/28/23 RETURNED MAIL NOTIFICATION SENT 0.00
0.900
CIVIL COMBO CARD
Sent on: 11/28/2023 10:53:11.07
Date: 01/10/2024 12:42:35.7 Docket Sheet Page: 3
CRTRS925 Detail
2023CVF02596 Altercare Transitional Care of the Western Reserve -vs- Bailey, Stuart
No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due
Journal Book-Page-Nbr Ref Nbr Amount Dismissed
{geal 01/09/24 MAGISTRATES ORDER 0.00
PURSUANT TO THE AGREEMENT OF THE 0.00
PARTIES, THIS MATTER IS HEREBY
TRANSFERRED TO THE SUMMIT COUNTY
COMMON PLEAS COURT TO BE CONSOLIDATED
WITH BAILEY V. ALTERCARE TRANSITIONAL
CARE OF THE WESTERN RESERVE, ET AL.,
CASE NO CV~2023-09-3528.
MAGISTRATE J W CLARK
COPIES MAILED/BC
Totals By: Civil Cost
324.00 0.00
Information
0.00 0.00
*** End of Report ***
Chlose 2023CVF02596 Altercare Transitional Care of the Wes Reserve -ys- Bailey,
Stuart M. LLC
sopen
Cost Bill Code Cost Bill Description Distributed
Amount:
eSave T City 250.26
M Computer 35.00
eprint ° Other 13.00
8 State 25.74
Totals 324.00
IN THE STOW MUNICIPAL COURT
SUMMIT COUNTY, OHIQTOW fAURICIPAL COURT
ALTERCARE TRANSITIONAL CARE OF ) CASEING:: 2023\00F!2596
THE WESTERN RESERVE
AMBER ZIBRITOSKY
PLAINTIFF Clerk of Courts
v. MAGISTRATE JOHN W. CLARK
STUART M. BAILEY
DEFENDANT ORDER
eee
-
Pursuant to the agreement of the parties, this matter is hereby transferred to the
Summit County Common Pleas Court to be consolidated with Baifey v. Altercare
Transitional Care of the Western Reserve, et al,, Case No. CV-2023-09-3528.
IT1IS SO ORDERED.
Qw, CZ
Magistaty John W. Clark
Ce: Steven J. Hupp, Attorney for Plaintiff
Brandon M. Dean, Attorney for Defendant
File
STO... MUNICIPAL COURT DISTRIt _
CLERK OF COURTS OFFICE
4400 Courthouse Blvd. Civil Division
Stow, Ohio 44224 (330) 564-4148
STEVEN J HUPP
HUPP MARGOLIS & LEAK LLC
1422 EUCLID AVENUE SUITE 500
CLEVELAND, OH 44115
Case No: 2023CVF02596
FILED
Altercare Transitional Care of the Western Reserve Stow Municipal Court
‘November 28, 2023
Plaintiff(s) At 10:53 AM.
Amber Zibritosky
[X] Stuart M: Bailey Clerk of Courts
Defendant(s)
Court Date:
Is set for in this Court on at
Answer of Garnishee:
The “Answer of Garnishee” from stated that
Returned Mail:
PLEASE BE ADVISED THAT WE ARE UNABLE TO OBTAIN SERVICE BY:
(J REGULAR MAIL = [X) CERTIFIED MAIL BAILIFF [] PERSONAL SERVICE
REASON FOR SERVICE FAILURE:
( Unclaimed [1] Refused (1) Vacant (1 Addressee Unknown [_] Insufficient Address
C1 Moved, Left No Address C1 No Such Street Number LJ No Forwarding Order on File
LD Forwarding Order Expired [XJ Not Deliverable As Addressed
LD Delivered without signature; service not perfected
(J Other:
Clerk of Courts Office
(D
Stow Municipal Court
Amber Zibritosky, Clerk of Courts
Filed: 11/13/2023 09:58 AM
2023CVFO2596
IN THE STOW MUNICIPAL COURT
CIVIL DIVISION
SUMMIT COUNTY, OHIO
ALTERCARE TRANSITIONAL CARE ) CASE NUMBER: 2023 CVF 02596
OF THE WESTERN RESERVE, INC.
JUDGE LISA L. COATES
Plaintiff/Counterclaim Defendant, ANSWER OF
VS. PLAINTIFF/COUNTERCLAIM
DEFENDANT ALTERCARE
STUART M. BAILEY TRANSITIONAL CARE OF THE
WESTERN RESERVE, INC. TO
DEFENDANT/COUNTERCLAIM
Defendant/Counterclaim Plaintiff. PLAINTIFF’S COUNTERCLAIM
Plaintiff/Counterclaim Defendant Altercare Transitional Care of the Western Reserve, Inc.
hereby responds to Defendant/Counterclaim Plaintiff as follows:
COUNTERCLAIM
1 Plaintiff/Counterclaim Defendant deny for want of knowledge the allegations
contained in Paragraph 1 the Counterclaim.
2. Plaintiff/Counterclaim Defendant admits the allegations contained in Paragraph 2
of the Counterclaim.
3 Plaintiff/Counterclaim Defendant denies as worded the allegations contained in
Paragraph 3 of the Counterclaim.
4. Plaintiff/Counterclaim Defendant denies the allegations contained in Paragraphs 4
and 5 of the Counterclaim.
5 Plaintiff/Counterclaim Defendant admits the allegations contained in Paragraph 6
of the Counterclaim.
AFFIRMATIVE DEFENSES
6 Defendant/Counterclaim Plaintiff's Counterclaim fails to state a claim against this
Plaintiff/Counterclaim Defendant upon which relief can be granted.
7 Defendant/Counterclaim Plaintiff's Counterclaim is barred by the doctrine of
estoppel.
8. Defendant/Counterclaim Plaintiff is. seeking to recover more than what is entitled
to recover in this case and any awardof judgment would unjustly enrich Defendant/Counterclaim
Plaintiff.
9 Defendant/Counterclaim Plaintiff's Counterclaim is barred by the doctrine of
unclean hands.
10. Plaintiff/Counterclaim Defendant is entitled to set-off of any proceeds obtained
by Defendant/Counterclaim Plaintiff pursuant to R.C. 2307.28.
1. Plaintiff/Counterclaim Defendant reserves the right to assert any additional
defenses, which discovery in this matter reveals are applicable.
WHEREFORE, Plaintiff/Counterclaim Defendant, Altercare Transitional Care of the
Western Reserve, Inc. fully answering Defendant/Counterclaim Plaintiff's Counterclaim hereby
pray that said Counterclaim be dismissed.
cid)
Ast Steven J. Hupp
STEVEN J. HUPP (0040639)
RONALD A. MARGOLIS (0031241)
MADISON L. BEAR (0099098)
Hupp Margolis & Leak LLC
1422 Euclid Avenue, Suite 500
Cleveland, Ohio 44115
Phone (216) 353-4877
Fax (216) 353-4897
Email shupp@bhuppml.com
tmargolis@buppml.com
mbear@huppml.com
Attorneys for Plaintiff/Counterclaim Defendant
Altercare Transitional Care of the Western Reserve,
Inc.
PROOF OF SERVICE
I hereby certify that on the 10th day of November, 2023, I filed the foregoing with the
Clerk of Courts. Copies will be served upon counsel of record by, and may be obtained through,
the Court CM/ECF System.
Mark A. Ropchock, Esq. Attorneys for Defendant/Counterclaim.
Brandon M. Dean, Esq. Plaintiff and Third-Party Plaintiff
Slater & Zurz, LLP
One Cascade Plaza, Suite 2210
Akron OH 44308
mropchock@slaterzurz.com
bdean@slaterzurz.com
Tara Reuscher, Esq. Attomey for Plaintiff/Counterclaim
TSG Resources, Inc. Defendant
7171 Keck Park NW
North Canton OH 44720
tsruescher@altercareonline.net
4s/ Steven J. Hupp
STEVEN J. HUPP (0040639)
RONALD A. MARGOLIS (0031241)
MADISON L. BEAR (0099098)
&®
Stow Municipal Court
IN THE STOW MUNICIPAL COURT Amber Zibritesky, Clerk of Courts
CIVIL DIVISION Filed: 11/13/2023 09:53 AM
SUMMIT COUNTY, OHIO 2023CVFO2596
ALTERCARE TRANSITIONAL ) CASE NO: 2023 CVF 02596
CARE OF THE WESTERN
RESERVE, INC. JUDGE LISA L. COATES
NOTICE OF SUBSTITUTION OF
Plaintiff/Counterclaim Defendant, COUNSEL ON BEHALF OF
PLAINTIFF/COUNTERCLAIM
vs. DEFENDANT ALTERCARE
TRANSITIONAL CARE OF THE
STUART M. BAILEY WESTERN RESERVE, INC.
Defendant/Counterclaim Plaintiff )
Notice is hereby given to the Court and all parties that Steven J. Hupp, Esq., Ronald A.
Margolis, Esq. and Madison Bear, Esq. of Hupp Margolis & Leak LLC are being substituted as
counsel of record for Plaintiff/Counterclaim Defendant, Altercare Transitional Care of the
Western Reserve, Inc. in place of Tara S. Reuscher, Esq.
Please address all future Notices, Rulings, correspondence, etc., to the undersigned.
4s/ Steven J. Hupp
STEVEN J. HUPP (0040639)
RONALD A. MARGOLIS (0031241)
MADISON L. BEAR (0099098)
Hupp Margolis & Leak LLC
1422 Euclid Avenue, Suite 500
Cleveland, Ohio 44115
Phone (216) 353-4877
Fax (216) 353-4897
Email shupp@bhuppml.com
mnargolis@huppml.com
mbear@huppml.com
Attorneys for Plaintiff/Counterclaim Defendant
Altercare Transitional Care of the Western Reserve,
Inc.
@)
PROOF OF SERVICE
Thereby certify that on the 10th day of November, 2023, I filed the foregoing with the
Clerk of Courts. Copies will be served upon counsel of record by, and may be obtained through,
the Court CM/ECF System.
Mark A. Ropchock, Esq. Attorneys for Defendant/Counterclaim
Brandon M. Dean, Esq. Plaintiff and Third-Party Plaintiff
Slater & Zurz, LLP
One Cascade Plaza, Suite 2210
Akron OH 44308
mropchock@slaterzurz.com
bdean@slaterzurz.com
Tara Reuscher, Esq. Attomey for Plaintiff/Counterclaim
TSG Resources, Inc. Defendant
717) Keck Park NW
North Canton OH 44720
tsruescher@altercareonline.net
4s/ Steven J. Hupp
STEVEN J. HUPP (0040639)
RONALD A. MARGOLIS (0031241)
MADISON L. BEAR (0099098)
(iS)
1 w Municipal Court
IN THE STOW MUNICIPAL COURTAmber Zibritosky, Clerk of Courts
CIVIL DIVISION
Piled: 10/23/2023 10:53 AM
SUMMIT COUNTY, OHIO
2023CVF02596
ALTERCARE TRANSITIONAL CARE ) CASE NO. 2023 CVF 02596
OF THE WESTERN RESERVE, INC., )
) MAGISTRATE CLARK
Plaintiff
-vs- MOTION TO TRANSFER VENUE
AND CONSOLIDATE.
STUART M. BAILEY, et al.,
Defendants
Now comes the Defendant, Stuart Bailey, Individually and as Administrator of the
Estate of Carmen Bailey, Deceased, against Plaintiff Altercare Transitional Care of the
Western Reserve, Inc., by and through the undersigned counsel, and pursuant to Rule
42(A)(1) of the Ohio Rules of Civil Procedure, do hereby respectfully request that this
Court transfer venue/remove and consolidate the present action with Summit County
Court Case No. CV 2023 09 3528.
As background, Decedent Carmen Bailey was a resident of Defendants skilled
nursing facility from July 6, 2021 through February 12, 2022. During that time, Plaintiff
alleges that Defendants breached the standard of care owed to Ms. Bailey, directly and
proximately causing her injury and her premature death. Despite a substantiated Ohio
Department of Health Complaint regarding Ms. Bailey's care, Defendants still harassed
Decedent's son/administrator, Stuart Bailey, regarding an outstanding bill generated
during the period of alleged inappropriate care. On September 18, 2023, Defendants
filed the instant small claims debt collection action against Stuart Bailey, individually, in
Stow Municipal Court; the subject matter of this action is a breach of contract regarding
the care/treatment of Carmen Bailey, deceased. On September 19, Plaintiff, filed the
above-referenced Summit County litigation, case number CV 2023 09 3528, concerning
medical malpractice, wrongful death, fraud, waiver, promissory estoppel, declaratory
judgment and breach of contract; the subject matter of this action is regarding the
care/treatment of Carmen Bailey, deceased.
These cases arise out of the same set of facts/incidents (the care and treatment
of Carmen Bailey, deceased) and should be transferred/removed to Summit County and
consolidated for the convenience of the parties and the Courts. Additionally,
consolidation will conserve the time and resources of all involved, as the discovery on
both cases will be substantially similar, if not identical.
Wherefore, Plaintiff requests these actions be consolidated.
Respectfully submitted,
SLATER & ZURZ LLP
tsi Brandon M. Dean
MARK A. ROPCHOCK (0029823)
BRANDON M. DEAN (0089376)
One Cascade Plaza, Suite 2210
Akron, OH 44308
(330) 762-0700
(330) 762-3923 — Fax
mropchock@slaterzurz.com
bdean@slaterzurz.com
Counsel for Plaintiff
(%
CERTIFICATE OF SERVICE
| hereby certify that a copy of the forgoing Motion was sent via electronic mail
service on this 20 day of October 2023, to the following:
Tara Reuscher, Esq.
TSG Resources, Inc.,
7171 Keck Park NW
North Canton, OH 44720
Email: tsruescher altercareonline.net
Attorneys for Plaintiff/Counterclaim Defendants
ist Brandon M. Dean
MARK A. ROPCHOCK (0029823)
BRANDON M. DEAN (0089376)
Counsel for Plaintiff
@
AMBER ZIBRITOSKY
CLERK OF COURTS
STOW MUNICIPAL COURT - CIVIL DIVISION
4400 COURTHOUSE BOULEVARD
STOW, OHIO 44224
Receipt Type Case Outstanding Amount 0.00
Receipt Number 471613 Receipt Date 10/23/2023
Case Number 2023CVFO02596
Description Altercare Transitional Care of the Western Reserve -vs~
Bailey, Stuart M.
Action (EFILING) CONTRACT - UP TO TWO DEFENDANTS
Judge COATES, LISA L.
Received From Brandon Dean
On Behalf of Bailey, Stuart M.
Total Received 50.00
Net Received 50.00
Change 0.00
Receipt Payments Amount Reference Description
E-Services Receipts 50.00 092036
Receipt Applications Amount
Civil Cost 50.00
Deputy Clerk: epayment Transaction Date 10/23/2023
10:53:09.04
Comments
Stow Municipal Court
IN THE STOW MUNICIPAL COURT Amber Zibritosky, Clerk of Courts
SUMMIT COUNTY, OHIO
Filed: 10/20/2023 04:01 PM
ALTERCARE TRANSITIONAL CASE NO.: 2023 CVFU239625°°
CARE OF THE WESTERN
RESERVE, INC.
JUDGE LISA L. COATES
Plaintiff
Vv. ALTERCARE TRANSITIONAL CARE
OF THE WESTERN RESERVE, INC.’S
STUART M. BAILEY CERTIFICATION
FOR LEAVE TO PLEAD
Defendant
Now comes the Plaintiff, Altercare Transitional Care of the Western Reserve, Inc., who
hereby provides notice of its first twenty-one (21) day leave, taken pursuant to Local Rule 14 of the
Stow Municipal Court. This notice is not intended to delay, as no prior extensions of time to
respond to Defendant’s Counterclaim have been requested or granted.
Pursuant to Local Rule 14, the Clerk shall enter this leave to plead on the case docket.
Respectfully submitted,
Tara S. Reuscher, Esq. (#0076541)
TSG Resources, Inc.
7171 Keck Park Circle NW
North Canton, OH 44720
(330) 498-8174
tsreuscher@altercareonline.net
Attorney for Plaintiff
Certificate of Service
A copy of the foregoing Certification for Leave to Plead was sent by email delivery on
October 20, 2023 to the following:
Mark A. Ropchock (#0029823)
Brandon M. Dean (#0089376)
Slater & Zurz, LLP
One Cascade Plaza, Suite 2210
Akron, OH 44308
mropchock@slaterzurz.com
bdean: laterzurz.com
Attorneys for Defendant
Respectfully submitted,
Tena A Reuscher
Tara S. Reuscher, Esq. (#0076541)
TSG Resources, Inc.
7171 Keck Park Circle NW
North Canton, OH 44720
(330) 498-8174
tsreuscher@altercareonline.net
Attorney for Plaintiff
-2-
IN THE STOW MUNICIPAL COURT
SUMMIT COUNTY, OHIO
Stow Municipal Court
Amber Zibritosky, Clerk of Courts
Altercare Transitional Care of the Western ) CASE NO. 20230ME026993/2023 10:22 AM
Reserve ——§|
802596—___
202264
PLAINTIFF
-VS- MAGISTRATE CLARK
)
Stuart M. Bailey
DEFENDANT ) PRETRIAL ORDER
This matter is scheduled for Pre-trial on January 8, 2024 at 2:30 pm.
All parties must attend the pre-trial or counsel must have full settlement authority. Hearings may be
conducted in person, by telephone, or by Zoom conference, at the discretion of the Magistrate, The parties shall
exchange final exhibit and witness lists and provide copies of said lists to the Court two weeks before any trial. If
scheduled for a jury trial, the parties shall also exchange copies of all exhibits and proposed jury instructions and
file copies of same with the Court at least two weeks before trial. Failure to disclose a witness or exhibit may result
in a witness’s testimony or an exhibit being excluded at trial. Counsel of record must appear at trial, and a
representative of any party secking affirmative relief with knowledge of the debt at issue must be present on the
trial date and prepared to testify, as default judgment will not be entered based upon an opposing party’s failure to
appear at trial.
A discovery deadline is set for November 30, 2023.
The motion deadline (including motions for summary judgment) is December 20, 2023.
Trial in this matter is scheduled on February 8, 2024 at 3:15 pm.
All requests for a continuance of the trial date, other than for an emergency, must be filed at least two weeks
before the scheduled trial date.
Failure to comply with any of the provisions of this Pre-Trial Order or failure to attend the pre-trial may
result in sanctions to the defaulting party, up to and including the dismissal of their claims, or permitting the Plaintiff
to proceed with the case on the merits, ex parte, pursuant to SMC Rule 16(G)Gi).
pw Cla —
MAGISTRATE JOHN W. CLARK
The foregoing Pretrial Order was served upon all parties and Counsel of record by regular mail on this
day of 202,
AMBER ZIBRITOSKY, CLERK OF COURTS
DaeOTy CLERK
Stow Municipal Court
IN THE STOW MUNICIPAL COURSiber Zibritosky, Clerk of Courts
CIVIL DIVISION Filed: 09/25/2023 03:09 PM
SUMMIT COUNTY, OHIO
2023CVFO2596
ALTERCARE TRANSITIONAL CARE ) CASE NO. 2023 CVF 02596
OF THE WESTERN RESERVE, INC., )
JUDGE TBD
Plaintiff
-Vs- ANSWER AND COUNTERCLAIM
OF DEFENDANT STUART BAILEY,
STUART M. BAILEY, et al., INDIVIDUALLY, AND AS
ADMINISTRATOR OF THE
E/Q CARMEN BAILEY, DECEASED
Defendants
ai no Now comes Defendant, Stuart Bailey, Individually, and as Administrator of the
098
ak 56
ng aaao8 Estate of Carmen Bailey, deceased (Defendant”), by and through the undersigned
rs Zoana
Dewalt gh
350
Nz
ge Bo counsel, and files his Answer to the Complaint of Altercare Transitional Care of the
BS 5Iya
aOzZS
Wa zgrx Western Reserve, Inc. and his Counterclaim against Plaintiff Altercare Transitional Care
BZ oge
ag xo
ge
of the Western Reserve, Inc. For his Answer to Plaintiffs Complaint states:
ANSWER TO COMPLAINT
Relative to paragraphs 1 of Plaintiff's Complaint, admits.
Relative to paragraphs 2 - 3 of Plaintiff's Complaint, denies for the reasons
outlined in the Motion to Consolidate filed contemporaneously with this
Answer/Counterclaim.
Relative to paragraphs 4 - 18 of Plaintiffs Complaint, Defendant, Stuart Bailey,
Individually and as Administrator of the Estate of Carmen Bailey, deceased,
denies the statements and allegations contained therein.
AFFIRMATIVE DEFENSES
Defendant incorporates by reference ail admissions, denials, and allegations
previously set forth as though full rewritten herein.
Plaintiffs Complaint fails to state a claim upon which relief can be granted.
The Plaintiff has initiated this action in an improper venue.
This Court lacks subject matter jurisdiction as Plaintiff did not perfect a claim
upon the Decedent's estate within the time period set forth by the Ohio Revised
Code.
The Plaintiff has initiated this action against the improper party.
Insufficiency of Process.
a3 wo
a9
ase Zon Insufficiency of Service of Process.
NE dynoo
ea Qn?
awa ts
339 Plaintiffs claims are barred by waiver, estoppel, and unclean hands.
Nz
woos
wos
638 S5zu
e dao0z9 This Court lacks jurisdiction over the Estate of Carmen Bailey as Plaintiff failed
WhZ 22x
5 one
ae
<5 to perfect a claim as required by the Ohio Revised Code.
Ne ee
10 Plaintiffs claims are barred, in whole or in part, by Plaintiffs failure to mitigate
damages, if any.
11 Plaintiff,by its conduct, acts, errors and/or omissions, has breached the
Personal Guarantee of Payment, if any be determined with Defendant, thus
nullifying any damages alleged.
12. Defendant reserves the right to assert any affirmative defense which may arise
as a result of discovery.
COUNTERCLAIM
Now comes Defendant, and for his Counterclaim states:
Defendant/Counterclaim Plaintiff Stuart Bailey, is the duly qualified, appointed,
and acting Administrator of the Estate of Carmen Bailey, deceased, ("Decedent”)
being Summit County Probate Case No. 2023ES00122.
Plaintiff(Counterclaim Defendant, Altercare Transitional Care of the Western
Reserve, Inc., is and at all times relevant hereto was an owner and/or an operator
of a nursing home located at 5000 Sowul Boulevard, in Stow, OH 44224
(hereinafter “Home”), which provided long term nursing care to its residents,
including Decedent, Carmen Bailey and held itself out to the public and to her as
ai wo
a5
ok competent and qualified to provide safe medical treatment, healthcare services,
a =ba
Nz aga
ag Boars
2% wad
aos nursing care and ancillary services. The aforesaid named PlaintifffCounterclaim
Nz
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Hes
wo Srun
Gy aoza Defendant and Home located at 5000 Sowul Boulevard, in Stow, OH 44224 is a
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kez Ofte
$8 ey
“o “Home” as defined in O.R.C.§3721.01 and 3721.10 and is licensed as such by
Je ae
We
the Ohio Department of Health.
Per the language of the Admission Agreement, Plaintiff/Counterclaim Defendant
was to provide “general nursing services” or as described in their Complaint,
“health care”.
During Decedent's final months at Plaintiff/Counterclaim Defendant's facility, by
the conduct, acts, errors and/or omissions of its agents/employees,
Plaintiff/Counterclaim Defendant failed to provide general nursing services
and/or health care, resulting in a breach of any and all agreements with
Defendant/Counterclaim Plaintiff, thus nullifying any damages alleged.
These breaches are supported by a substantiated Complaint from the Ohio
Department of Health, attached hereto as Exhibit A.
On September 19, 2023, Defendant/Counterclaim Plaintiff filed a Complaint
alleging medical malpractice, wrongful death, fraud, waiver, promissory estoppel
declaratory judgment and breach of contract against PlaintifffCounterclaim
Defendant Altercare Transitional Care of the Western Reserve, Inc., as well as
its involved corporations, agents and employees; Summit County Court of
Common Pleas, case number CV-2023-09-3528.
WHEREFORE, Defendant/Counterclaim Plaintiff Stuart Bailey, Individually and
as Administrator of the Estate of Carmen Bailey, Deceased, demands judgment against
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2024 01 0265 . Gaim 65> SS WZ Stow Municipal Court Amber Zibritosky - JUDGE ALISON MCCARTY Clerk of Courts 4400 Courthouse Drive 2006 18. AM 8:99 a Stow, Ohio 44224 (330) 564-4110 Quresy SUM COUNTY CLER K OF COURTS NOTICE OF TRANSFER COSTS IN MUNICIPAL COURT CASE NO: 2023CVF02596 PLAINTIFF'S | DEFENDANT'S COSTS COSTS ALTERCARE TRANSITIONAL CARE OF THE WESTERN RESERVE CLERK & BAILIFF $135.26 $115.00 5000 SOWUL BOULEVARD STOW, OH 44224 WITNESS FEES ATTY: STEVEN J HUPP Plaintiff JUROR FEES APPRAISER FEES VS LEGAL NEWS $13.00 STUART M BAILEY 2759 7™ STREET STATE OF OHIO $25.74 CUYAHOGA FALLS, OH 44221 COMPUTER FEE $10.00 ATTY: BRANDON M DEAN Defendant SPECIAL PROJECTS $25.00 TOTAL COSTS $209.00 $115.00 Deputy Clerk Serving Stow, Cuyahoga Falls, Hudson, Tallmadge, Macedonia, Twinsburg, Munroe Falls, Silver Lake, Peninsula, Reminderville, Northfield, Boston Heights, Boston Township, Sagamore Hills, Northfield Center Township, & Twinsburg Township Date: 01/10/2024 12:42:35.5 Docket Sheet Page: 1 CRTR5925 Detail Case Number Status sudge 2023CVFO2596 OPEN COATES, LISA L. In The Matter Of Action Altercare Transitional Care of the Western Reserve -vs- (EFILING) Bailey, Stuart M. CONTRACT - UP TO TWO DEFENDANTS arty Attorneys Altercare Transitional Care of the PLNTF HUPP, STEVEN 3 Western Reserve 5000 Sowul Boulevard HUPP MARGOLIS & LEAK LLC STOW, OH 44224 1422 EUCLID AVENUE SUITE 500 CLEVELAND, OH 44115 Bailey, Stuart M, DEFEND? DEAN, BRANDON M 2759 7th Street SLATER & ZURZ LLP CUYAHOGA FALLS, OH 44221 ONE CASCADE PLAZA SUITE 2210 AKRON, OH 44308 REUSCHER, TARA S CNSLR REUSCHER, TARA S 7171 KECK PARK CIR NW 7171 KECK PARK CIR NW NORTH CANTON, OH 44720 NORTH CANTON, OCH 44720 DEAN, BRANDON M CNSLR DEAN, BRANDON M SLATER & ZURZ LLP SLATER & ZURZ LLP ONE CASCADE PLAZA SUITE 2210 ONE CASCADE PLAZA SUITE 2210 AKRON, OH 44308 AKRON, OH 44308 HUPP, STEVEN J CNSLR HUPP, STEVEN J HUPP MARGOLIS & LEAK LLC HUPP MARGOLIS & LEAK LLC 1422 EUCLID AVENUE SUITE 500 1422 EUCLID AVENUE SUITE 500 CLEVELAND, OH 44115 CLEVELAND, OH 44115 Hupp Margolis & Leak LLC FIRM 1422 EUCLID AVENUE SUITE 500 CLEVELAND, OH 44115 Opened Disposed fase Type 09/18/2023 Undisposed cIvIL ‘Comments: No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due Journal Book-Page-Nbr Ref Nbr Amount Dismissed @D [gel 09/18/23 CIVIL COMPLAINT FILED (UP TO TWO 209.00 DEFENDANTS) 0.00 Attorney: REUSCHER, TARA S (0076541) Receipt: 469541 Date: 09/18/2023 @) [GM] 09/18/23 CIVIL COMPLAINT AND SUMMONS ISSUED BY 0.00 CERT MAIL #4007 94 - RETURNED "NOT 0.00 DELIVERABLE AS ADDRESSED" TO STUART BAILEY CIVIL SUMMONS Sent ont: 09/18/2023 12:27:44.25 Date: 01/10/2024 12:42:35.7 Docket Sheet Page: 2 CRTRS925 Detail 2023CVF02596 Altercare Transitional Care of the Western Reserve -vs- Bailey, Stuart No Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due Journal Book-Page-Nbr Ref Nbr Amount Dismissed @) GB 09/25/23 COUNTERCLAIM (FEE DOES NOT INCLUDE 65.00 SERVICE) FILED BY 0.00 Defendant's Answer & Counterclaim Attorney: DEAN, -BRANDON M (0089376) Receipt: 469998 Date: 09/25/2023 (ty 09/28/23 HEARING SCHEDULED 0.00 Event: Pre-Trial 0.00 Date: 01/08/2024 Time: 2:30 pm Judge: CLARK, JOHN W. Location: COURTROOM 1 09/28/23 HEARING SCHEDULED 00 Event: Trial 0.00 Date: 02/08/2024 Time: 3:15 pm Judge: CLARK, JOHN W. Location: COURTROOM 1 09/28/23 PRE-TRIAL ORDER PREPARED 00 0.00 CIVIZ PRETRIAL ORDER Sent on: 09/28/2023 14:06:28.93 © W@ai 10/03/23" PRETRIAL ORDER BY MAGISTRATE CLARK COPIES MAILED 00 0.00 1G¥ 10/20/23 MOTION FOR LEAVE TO PLEAD (FIRST) 00 FILED BY 0.00 Attorney: REUSCHER, TARA S (0076541) @) f@a) 10/23/23 MOTION TO TRANSFER TO ANOTHER COURT 50.00 FILED BY 0.00 Attorney: DEAN, BRANDON M (0089376) Receipt: 471613 Date: 10/23/2023 10 (Ga) 11/13/23 NOTICE OF APPEARANCE FILED BY 0.00 Attorney: HUPP, STEVEN J (0040639) 0.00 il {ee 12/13/23 ANSWER FILED BY 0.00 Attorney: HUPP, STEVEN J (0040639) 0.00 @) (ey) 11/28/23 RETURNED MAIL NOTIFICATION SENT 0.00 0.900 CIVIL COMBO CARD Sent on: 11/28/2023 10:53:11.07 Date: 01/10/2024 12:42:35.7 Docket Sheet Page: 3 CRTRS925 Detail 2023CVF02596 Altercare Transitional Care of the Western Reserve -vs- Bailey, Stuart No. Date of Pleadings Filed, Orders and Decrees Amount Owed/ Balance Due Journal Book-Page-Nbr Ref Nbr Amount Dismissed {geal 01/09/24 MAGISTRATES ORDER 0.00 PURSUANT TO THE AGREEMENT OF THE 0.00 PARTIES, THIS MATTER IS HEREBY TRANSFERRED TO THE SUMMIT COUNTY COMMON PLEAS COURT TO BE CONSOLIDATED WITH BAILEY V. ALTERCARE TRANSITIONAL CARE OF THE WESTERN RESERVE, ET AL., CASE NO CV~2023-09-3528. MAGISTRATE J W CLARK COPIES MAILED/BC Totals By: Civil Cost 324.00 0.00 Information 0.00 0.00 *** End of Report *** Chlose 2023CVF02596 Altercare Transitional Care of the Wes Reserve -ys- Bailey, Stuart M. LLC sopen Cost Bill Code Cost Bill Description Distributed Amount: eSave T City 250.26 M Computer 35.00 eprint ° Other 13.00 8 State 25.74 Totals 324.00 IN THE STOW MUNICIPAL COURT SUMMIT COUNTY, OHIQTOW fAURICIPAL COURT ALTERCARE TRANSITIONAL CARE OF ) CASEING:: 2023\00F!2596 THE WESTERN RESERVE AMBER ZIBRITOSKY PLAINTIFF Clerk of Courts v. MAGISTRATE JOHN W. CLARK STUART M. BAILEY DEFENDANT ORDER eee - Pursuant to the agreement of the parties, this matter is hereby transferred to the Summit County Common Pleas Court to be consolidated with Baifey v. Altercare Transitional Care of the Western Reserve, et al,, Case No. CV-2023-09-3528. IT1IS SO ORDERED. Qw, CZ Magistaty John W. Clark Ce: Steven J. Hupp, Attorney for Plaintiff Brandon M. Dean, Attorney for Defendant File STO... MUNICIPAL COURT DISTRIt _ CLERK OF COURTS OFFICE 4400 Courthouse Blvd. Civil Division Stow, Ohio 44224 (330) 564-4148 STEVEN J HUPP HUPP MARGOLIS & LEAK LLC 1422 EUCLID AVENUE SUITE 500 CLEVELAND, OH 44115 Case No: 2023CVF02596 FILED Altercare Transitional Care of the Western Reserve Stow Municipal Court ‘November 28, 2023 Plaintiff(s) At 10:53 AM. Amber Zibritosky [X] Stuart M: Bailey Clerk of Courts Defendant(s) Court Date: Is set for in this Court on at Answer of Garnishee: The “Answer of Garnishee” from stated that Returned Mail: PLEASE BE ADVISED THAT WE ARE UNABLE TO OBTAIN SERVICE BY: (J REGULAR MAIL = [X) CERTIFIED MAIL BAILIFF [] PERSONAL SERVICE REASON FOR SERVICE FAILURE: ( Unclaimed [1] Refused (1) Vacant (1 Addressee Unknown [_] Insufficient Address C1 Moved, Left No Address C1 No Such Street Number LJ No Forwarding Order on File LD Forwarding Order Expired [XJ Not Deliverable As Addressed LD Delivered without signature; service not perfected (J Other: Clerk of Courts Office (D Stow Municipal Court Amber Zibritosky, Clerk of Courts Filed: 11/13/2023 09:58 AM 2023CVFO2596 IN THE STOW MUNICIPAL COURT CIVIL DIVISION SUMMIT COUNTY, OHIO ALTERCARE TRANSITIONAL CARE ) CASE NUMBER: 2023 CVF 02596 OF THE WESTERN RESERVE, INC. JUDGE LISA L. COATES Plaintiff/Counterclaim Defendant, ANSWER OF VS. PLAINTIFF/COUNTERCLAIM DEFENDANT ALTERCARE STUART M. BAILEY TRANSITIONAL CARE OF THE WESTERN RESERVE, INC. TO DEFENDANT/COUNTERCLAIM Defendant/Counterclaim Plaintiff. PLAINTIFF’S COUNTERCLAIM Plaintiff/Counterclaim Defendant Altercare Transitional Care of the Western Reserve, Inc. hereby responds to Defendant/Counterclaim Plaintiff as follows: COUNTERCLAIM 1 Plaintiff/Counterclaim Defendant deny for want of knowledge the allegations contained in Paragraph 1 the Counterclaim. 2. Plaintiff/Counterclaim Defendant admits the allegations contained in Paragraph 2 of the Counterclaim. 3 Plaintiff/Counterclaim Defendant denies as worded the allegations contained in Paragraph 3 of the Counterclaim. 4. Plaintiff/Counterclaim Defendant denies the allegations contained in Paragraphs 4 and 5 of the Counterclaim. 5 Plaintiff/Counterclaim Defendant admits the allegations contained in Paragraph 6 of the Counterclaim. AFFIRMATIVE DEFENSES 6 Defendant/Counterclaim Plaintiff's Counterclaim fails to state a claim against this Plaintiff/Counterclaim Defendant upon which relief can be granted. 7 Defendant/Counterclaim Plaintiff's Counterclaim is barred by the doctrine of estoppel. 8. Defendant/Counterclaim Plaintiff is. seeking to recover more than what is entitled to recover in this case and any awardof judgment would unjustly enrich Defendant/Counterclaim Plaintiff. 9 Defendant/Counterclaim Plaintiff's Counterclaim is barred by the doctrine of unclean hands. 10. Plaintiff/Counterclaim Defendant is entitled to set-off of any proceeds obtained by Defendant/Counterclaim Plaintiff pursuant to R.C. 2307.28. 1. Plaintiff/Counterclaim Defendant reserves the right to assert any additional defenses, which discovery in this matter reveals are applicable. WHEREFORE, Plaintiff/Counterclaim Defendant, Altercare Transitional Care of the Western Reserve, Inc. fully answering Defendant/Counterclaim Plaintiff's Counterclaim hereby pray that said Counterclaim be dismissed. cid) Ast Steven J. Hupp STEVEN J. HUPP (0040639) RONALD A. MARGOLIS (0031241) MADISON L. BEAR (0099098) Hupp Margolis & Leak LLC 1422 Euclid Avenue, Suite 500 Cleveland, Ohio 44115 Phone (216) 353-4877 Fax (216) 353-4897 Email shupp@bhuppml.com tmargolis@buppml.com mbear@huppml.com Attorneys for Plaintiff/Counterclaim Defendant Altercare Transitional Care of the Western Reserve, Inc. PROOF OF SERVICE I hereby certify that on the 10th day of November, 2023, I filed the foregoing with the Clerk of Courts. Copies will be served upon counsel of record by, and may be obtained through, the Court CM/ECF System. Mark A. Ropchock, Esq. Attorneys for Defendant/Counterclaim. Brandon M. Dean, Esq. Plaintiff and Third-Party Plaintiff Slater & Zurz, LLP One Cascade Plaza, Suite 2210 Akron OH 44308 mropchock@slaterzurz.com bdean@slaterzurz.com Tara Reuscher, Esq. Attomey for Plaintiff/Counterclaim TSG Resources, Inc. Defendant 7171 Keck Park NW North Canton OH 44720 tsruescher@altercareonline.net 4s/ Steven J. Hupp STEVEN J. HUPP (0040639) RONALD A. MARGOLIS (0031241) MADISON L. BEAR (0099098) &® Stow Municipal Court IN THE STOW MUNICIPAL COURT Amber Zibritesky, Clerk of Courts CIVIL DIVISION Filed: 11/13/2023 09:53 AM SUMMIT COUNTY, OHIO 2023CVFO2596 ALTERCARE TRANSITIONAL ) CASE NO: 2023 CVF 02596 CARE OF THE WESTERN RESERVE, INC. JUDGE LISA L. COATES NOTICE OF SUBSTITUTION OF Plaintiff/Counterclaim Defendant, COUNSEL ON BEHALF OF PLAINTIFF/COUNTERCLAIM vs. DEFENDANT ALTERCARE TRANSITIONAL CARE OF THE STUART M. BAILEY WESTERN RESERVE, INC. Defendant/Counterclaim Plaintiff ) Notice is hereby given to the Court and all parties that Steven J. Hupp, Esq., Ronald A. Margolis, Esq. and Madison Bear, Esq. of Hupp Margolis & Leak LLC are being substituted as counsel of record for Plaintiff/Counterclaim Defendant, Altercare Transitional Care of the Western Reserve, Inc. in place of Tara S. Reuscher, Esq. Please address all future Notices, Rulings, correspondence, etc., to the undersigned. 4s/ Steven J. Hupp STEVEN J. HUPP (0040639) RONALD A. MARGOLIS (0031241) MADISON L. BEAR (0099098) Hupp Margolis & Leak LLC 1422 Euclid Avenue, Suite 500 Cleveland, Ohio 44115 Phone (216) 353-4877 Fax (216) 353-4897 Email shupp@bhuppml.com mnargolis@huppml.com mbear@huppml.com Attorneys for Plaintiff/Counterclaim Defendant Altercare Transitional Care of the Western Reserve, Inc. @) PROOF OF SERVICE Thereby certify that on the 10th day of November, 2023, I filed the foregoing with the Clerk of Courts. Copies will be served upon counsel of record by, and may be obtained through, the Court CM/ECF System. Mark A. Ropchock, Esq. Attorneys for Defendant/Counterclaim Brandon M. Dean, Esq. Plaintiff and Third-Party Plaintiff Slater & Zurz, LLP One Cascade Plaza, Suite 2210 Akron OH 44308 mropchock@slaterzurz.com bdean@slaterzurz.com Tara Reuscher, Esq. Attomey for Plaintiff/Counterclaim TSG Resources, Inc. Defendant 717) Keck Park NW North Canton OH 44720 tsruescher@altercareonline.net 4s/ Steven J. Hupp STEVEN J. HUPP (0040639) RONALD A. MARGOLIS (0031241) MADISON L. BEAR (0099098) (iS) 1 w Municipal Court IN THE STOW MUNICIPAL COURTAmber Zibritosky, Clerk of Courts CIVIL DIVISION Piled: 10/23/2023 10:53 AM SUMMIT COUNTY, OHIO 2023CVF02596 ALTERCARE TRANSITIONAL CARE ) CASE NO. 2023 CVF 02596 OF THE WESTERN RESERVE, INC., ) ) MAGISTRATE CLARK Plaintiff -vs- MOTION TO TRANSFER VENUE AND CONSOLIDATE. STUART M. BAILEY, et al., Defendants Now comes the Defendant, Stuart Bailey, Individually and as Administrator of the Estate of Carmen Bailey, Deceased, against Plaintiff Altercare Transitional Care of the Western Reserve, Inc., by and through the undersigned counsel, and pursuant to Rule 42(A)(1) of the Ohio Rules of Civil Procedure, do hereby respectfully request that this Court transfer venue/remove and consolidate the present action with Summit County Court Case No. CV 2023 09 3528. As background, Decedent Carmen Bailey was a resident of Defendants skilled nursing facility from July 6, 2021 through February 12, 2022. During that time, Plaintiff alleges that Defendants breached the standard of care owed to Ms. Bailey, directly and proximately causing her injury and her premature death. Despite a substantiated Ohio Department of Health Complaint regarding Ms. Bailey's care, Defendants still harassed Decedent's son/administrator, Stuart Bailey, regarding an outstanding bill generated during the period of alleged inappropriate care. On September 18, 2023, Defendants filed the instant small claims debt collection action against Stuart Bailey, individually, in Stow Municipal Court; the subject matter of this action is a breach of contract regarding the care/treatment of Carmen Bailey, deceased. On September 19, Plaintiff, filed the above-referenced Summit County litigation, case number CV 2023 09 3528, concerning medical malpractice, wrongful death, fraud, waiver, promissory estoppel, declaratory judgment and breach of contract; the subject matter of this action is regarding the care/treatment of Carmen Bailey, deceased. These cases arise out of the same set of facts/incidents (the care and treatment of Carmen Bailey, deceased) and should be transferred/removed to Summit County and consolidated for the convenience of the parties and the Courts. Additionally, consolidation will conserve the time and resources of all involved, as the discovery on both cases will be substantially similar, if not identical. Wherefore, Plaintiff requests these actions be consolidated. Respectfully submitted, SLATER & ZURZ LLP tsi Brandon M. Dean MARK A. ROPCHOCK (0029823) BRANDON M. DEAN (0089376) One Cascade Plaza, Suite 2210 Akron, OH 44308 (330) 762-0700 (330) 762-3923 — Fax mropchock@slaterzurz.com bdean@slaterzurz.com Counsel for Plaintiff (% CERTIFICATE OF SERVICE | hereby certify that a copy of the forgoing Motion was sent via electronic mail service on this 20 day of October 2023, to the following: Tara Reuscher, Esq. TSG Resources, Inc., 7171 Keck Park NW North Canton, OH 44720 Email: tsruescher altercareonline.net Attorneys for Plaintiff/Counterclaim Defendants ist Brandon M. Dean MARK A. ROPCHOCK (0029823) BRANDON M. DEAN (0089376) Counsel for Plaintiff @ AMBER ZIBRITOSKY CLERK OF COURTS STOW MUNICIPAL COURT - CIVIL DIVISION 4400 COURTHOUSE BOULEVARD STOW, OHIO 44224 Receipt Type Case Outstanding Amount 0.00 Receipt Number 471613 Receipt Date 10/23/2023 Case Number 2023CVFO02596 Description Altercare Transitional Care of the Western Reserve -vs~ Bailey, Stuart M. Action (EFILING) CONTRACT - UP TO TWO DEFENDANTS Judge COATES, LISA L. Received From Brandon Dean On Behalf of Bailey, Stuart M. Total Received 50.00 Net Received 50.00 Change 0.00 Receipt Payments Amount Reference Description E-Services Receipts 50.00 092036 Receipt Applications Amount Civil Cost 50.00 Deputy Clerk: epayment Transaction Date 10/23/2023 10:53:09.04 Comments Stow Municipal Court IN THE STOW MUNICIPAL COURT Amber Zibritosky, Clerk of Courts SUMMIT COUNTY, OHIO Filed: 10/20/2023 04:01 PM ALTERCARE TRANSITIONAL CASE NO.: 2023 CVFU239625°° CARE OF THE WESTERN RESERVE, INC. JUDGE LISA L. COATES Plaintiff Vv. ALTERCARE TRANSITIONAL CARE OF THE WESTERN RESERVE, INC.’S STUART M. BAILEY CERTIFICATION FOR LEAVE TO PLEAD Defendant Now comes the Plaintiff, Altercare Transitional Care of the Western Reserve, Inc., who hereby provides notice of its first twenty-one (21) day leave, taken pursuant to Local Rule 14 of the Stow Municipal Court. This notice is not intended to delay, as no prior extensions of time to respond to Defendant’s Counterclaim have been requested or granted. Pursuant to Local Rule 14, the Clerk shall enter this leave to plead on the case docket. Respectfully submitted, Tara S. Reuscher, Esq. (#0076541) TSG Resources, Inc. 7171 Keck Park Circle NW North Canton, OH 44720 (330) 498-8174 tsreuscher@altercareonline.net Attorney for Plaintiff Certificate of Service A copy of the foregoing Certification for Leave to Plead was sent by email delivery on October 20, 2023 to the following: Mark A. Ropchock (#0029823) Brandon M. Dean (#0089376) Slater & Zurz, LLP One Cascade Plaza, Suite 2210 Akron, OH 44308 mropchock@slaterzurz.com bdean: laterzurz.com Attorneys for Defendant Respectfully submitted, Tena A Reuscher Tara S. Reuscher, Esq. (#0076541) TSG Resources, Inc. 7171 Keck Park Circle NW North Canton, OH 44720 (330) 498-8174 tsreuscher@altercareonline.net Attorney for Plaintiff -2- IN THE STOW MUNICIPAL COURT SUMMIT COUNTY, OHIO Stow Municipal Court Amber Zibritosky, Clerk of Courts Altercare Transitional Care of the Western ) CASE NO. 20230ME026993/2023 10:22 AM Reserve ——§| 802596—___ 202264 PLAINTIFF -VS- MAGISTRATE CLARK ) Stuart M. Bailey DEFENDANT ) PRETRIAL ORDER This matter is scheduled for Pre-trial on January 8, 2024 at 2:30 pm. All parties must attend the pre-trial or counsel must have full settlement authority. Hearings may be conducted in person, by telephone, or by Zoom conference, at the discretion of the Magistrate, The parties shall exchange final exhibit and witness lists and provide copies of said lists to the Court two weeks before any trial. If scheduled for a jury trial, the parties shall also exchange copies of all exhibits and proposed jury instructions and file copies of same with the Court at least two weeks before trial. Failure to disclose a witness or exhibit may result in a witness’s testimony or an exhibit being excluded at trial. Counsel of record must appear at trial, and a representative of any party secking affirmative relief with knowledge of the debt at issue must be present on the trial date and prepared to testify, as default judgment will not be entered based upon an opposing party’s failure to appear at trial. A discovery deadline is set for November 30, 2023. The motion deadline (including motions for summary judgment) is December 20, 2023. Trial in this matter is scheduled on February 8, 2024 at 3:15 pm. All requests for a continuance of the trial date, other than for an emergency, must be filed at least two weeks before the scheduled trial date. Failure to comply with any of the provisions of this Pre-Trial Order or failure to attend the pre-trial may result in sanctions to the defaulting party, up to and including the dismissal of their claims, or permitting the Plaintiff to proceed with the case on the merits, ex parte, pursuant to SMC Rule 16(G)Gi). pw Cla — MAGISTRATE JOHN W. CLARK The foregoing Pretrial Order was served upon all parties and Counsel of record by regular mail on this day of 202, AMBER ZIBRITOSKY, CLERK OF COURTS DaeOTy CLERK Stow Municipal Court IN THE STOW MUNICIPAL COURSiber Zibritosky, Clerk of Courts CIVIL DIVISION Filed: 09/25/2023 03:09 PM SUMMIT COUNTY, OHIO 2023CVFO2596 ALTERCARE TRANSITIONAL CARE ) CASE NO. 2023 CVF 02596 OF THE WESTERN RESERVE, INC., ) JUDGE TBD Plaintiff -Vs- ANSWER AND COUNTERCLAIM OF DEFENDANT STUART BAILEY, STUART M. BAILEY, et al., INDIVIDUALLY, AND AS ADMINISTRATOR OF THE E/Q CARMEN BAILEY, DECEASED Defendants ai no Now comes Defendant, Stuart Bailey, Individually, and as Administrator of the 098 ak 56 ng aaao8 Estate of Carmen Bailey, deceased (Defendant”), by and through the undersigned rs Zoana Dewalt gh 350 Nz ge Bo counsel, and files his Answer to the Complaint of Altercare Transitional Care of the BS 5Iya aOzZS Wa zgrx Western Reserve, Inc. and his Counterclaim against Plaintiff Altercare Transitional Care BZ oge ag xo ge of the Western Reserve, Inc. For his Answer to Plaintiffs Complaint states: ANSWER TO COMPLAINT Relative to paragraphs 1 of Plaintiff's Complaint, admits. Relative to paragraphs 2 - 3 of Plaintiff's Complaint, denies for the reasons outlined in the Motion to Consolidate filed contemporaneously with this Answer/Counterclaim. Relative to paragraphs 4 - 18 of Plaintiffs Complaint, Defendant, Stuart Bailey, Individually and as Administrator of the Estate of Carmen Bailey, deceased, denies the statements and allegations contained therein. AFFIRMATIVE DEFENSES Defendant incorporates by reference ail admissions, denials, and allegations previously set forth as though full rewritten herein. Plaintiffs Complaint fails to state a claim upon which relief can be granted. The Plaintiff has initiated this action in an improper venue. This Court lacks subject matter jurisdiction as Plaintiff did not perfect a claim upon the Decedent's estate within the time period set forth by the Ohio Revised Code. The Plaintiff has initiated this action against the improper party. Insufficiency of Process. a3 wo a9 ase Zon Insufficiency of Service of Process. NE dynoo ea Qn? awa ts 339 Plaintiffs claims are barred by waiver, estoppel, and unclean hands. Nz woos wos 638 S5zu e dao0z9 This Court lacks jurisdiction over the Estate of Carmen Bailey as Plaintiff failed WhZ 22x 5 one ae <5 to perfect a claim as required by the Ohio Revised Code. Ne ee 10 Plaintiffs claims are barred, in whole or in part, by Plaintiffs failure to mitigate damages, if any. 11 Plaintiff,by its conduct, acts, errors and/or omissions, has breached the Personal Guarantee of Payment, if any be determined with Defendant, thus nullifying any damages alleged. 12. Defendant reserves the right to assert any affirmative defense which may arise as a result of discovery. COUNTERCLAIM Now comes Defendant, and for his Counterclaim states: Defendant/Counterclaim Plaintiff Stuart Bailey, is the duly qualified, appointed, and acting Administrator of the Estate of Carmen Bailey, deceased, ("Decedent”) being Summit County Probate Case No. 2023ES00122. Plaintiff(Counterclaim Defendant, Altercare Transitional Care of the Western Reserve, Inc., is and at all times relevant hereto was an owner and/or an operator of a nursing home located at 5000 Sowul Boulevard, in Stow, OH 44224 (hereinafter “Home”), which provided long term nursing care to its residents, including Decedent, Carmen Bailey and held itself out to the public and to her as ai wo a5 ok competent and qualified to provide safe medical treatment, healthcare services, a =ba Nz aga ag Boars 2% wad aos nursing care and ancillary services. The aforesaid named PlaintifffCounterclaim Nz woos Hes wo Srun Gy aoza Defendant and Home located at 5000 Sowul Boulevard, in Stow, OH 44224 is a Wa Zrx kez Ofte $8 ey “o “Home” as defined in O.R.C.§3721.01 and 3721.10 and is licensed as such by Je ae We the Ohio Department of Health. Per the language of the Admission Agreement, Plaintiff/Counterclaim Defendant was to provide “general nursing services” or as described in their Complaint, “health care”. During Decedent's final months at Plaintiff/Counterclaim Defendant's facility, by the conduct, acts, errors and/or omissions of its agents/employees, Plaintiff/Counterclaim Defendant failed to provide general nursing services and/or health care, resulting in a breach of any and all agreements with Defendant/Counterclaim Plaintiff, thus nullifying any damages alleged. These breaches are supported by a substantiated Complaint from the Ohio Department of Health, attached hereto as Exhibit A. On September 19, 2023, Defendant/Counterclaim Plaintiff filed a Complaint alleging medical malpractice, wrongful death, fraud, waiver, promissory estoppel declaratory judgment and breach of contract against PlaintifffCounterclaim Defendant Altercare Transitional Care of the Western Reserve, Inc., as well as its involved corporations, agents and employees; Summit County Court of Common Pleas, case number CV-2023-09-3528. WHEREFORE, Defendant/Counterclaim Plaintiff Stuart Bailey, Individually and as Administrator of the Estate of Carmen Bailey, Deceased, demands judgment against a3 as =r the Plaintiff/Counterclaim Defendant Altercare Transitional Care of the Western a? Oya NE as oaKf o8 yaat90 NZ Reserve, Inc., in an amount greater than $25,000, plus costs, Attorneys’ fees and one pos 8 a5iu OG0zZn interest as justice requires. wig Z2% oft &4