Preview
FILED: DUTCHESS COUNTY CLERK 01/11/2022 05:17 PM INDEX NO. 2021-50631
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/11/2022
EXHIBIT D
FILED: DUTCHESS COUNTY CLERK 01/11/2022 05:17 PM INDEX NO. 2021-50631
WD
NYSCEF DOC.
: NO. 21
DUTCHESS COUNTY CLERK 02 /18 / 2 0 21 03 : 5 6 PM|
NO.INDEX
RECEIVED NYSCEF: 01/11/2022
NYSCEF:
2021-50631
02/18/2021
NYSCEF DOC. NO. 1 RECEIVED
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF DUTCHESS
......___.--.._....-.........-----------------X SUMMONS
SKY VIEW REHABILITATION AND HEALTH
CARE CENTER, LLC, Basis of Venue
Defendants'
Residences:
Plaintiff,
-against-
112 Jefferson Boulevard
MAUREEN Fishkill, NY 12524
THOMAS KEMPLE and KEMPLE,
Defendants.
X
TO THE ABOVE NAME DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or if the complaint is not served with this sussara, to serve a notice of
appearance, on the plaintiff's attomey within twenty (20) days after the service of this sm=ens,
exclusive of the date of service (or within thirty (30) days after the service is complete if this
summons is not personally delivered to you within the State of New York); an o your
failure to appear or answer, judgment will be taken you b d ul o th relief
demanded in the complaint
Dated: December 7, 2020
S, FENSTERMAN, FEN ,
Lake Success, New York
SMAN, FORMATO, FE OLF &
CARONE, LLP
Defendants'
Addrpages: Attorneys forPlaintly
THOMAS KEMPLE By: Nicholas Corona, Jr., Esq.
112 Jefferson Boulevard Pursuant to NYCRR § 130-1-1.a:
Fishkill, NY 12524 3 Dakota Drive - Suite 300
Lake Success, New York 11042
MAUREEN KEMPLE (516)328-2300
112 Jefferson Boulevard File No.: 106977.1084
Fishkill, NY 12524
"Please be advised that this firm is a debt collector and this is an attempt to collect a debt
purpose."
Any information obtained will be used for that
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|FILED DOC.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
. .. X
SKY VIEW REHABILITATION AND HEALTH .
"
CARE CENTER, LLC,
'E yERIFIED COMPLAINT
THOMAS KEMPLE and MAUREEN KEMPLE,
Defendants.
X
Plaintiff, above named, by its attomeys, ABRAMS, FENSTERMAN, FENSTERMAN,
EISMAN, FORMATO, FERRARA, WOLF & CARONE, LLP,
comph
ing of the Defendants,
above named, respectfully sets forth and alleges:
1. At all times hereinafter mentioned, Plaintiff, SKY VIEW REHABILITATION AND
HEALTH CARE CENTER, LLC, ("SKY VIEW") is a limited liability company duly
organized and existing under and by virtue of the laws of the State of New York, and is
engaged in the business of providing skilled nursing home care services, at the premises
located at 1280 Albany Post Road, Croton on Huds0rg NY 10520.
2. That THOMAS KEMPLE ("RESIDENT") resides at 112 Jefferson Boulevard, Fishkill,
NY 12524.
3. That MAUREEN KEMPLE ("DEFENDANT") resides at 112 Jefferson Boulevard,
Fishkill, NY 12524.
AS AND FOR A FIRST CAUSE OF ACTION
4. "1"
Plaintiff repeats and realleges each and every allegation contained in paragraphs
"3"
through above with the same force and effect as if same were more fully set forth at
length herein.
ABRAMS,FENSTERMAN,FENSTERMAN,EISMAN,FORMATO,FliRRARA, WOLF& CARONE,LLP
3DakotaDrive -Suhe300
LakoSuccess,NY 15042
Tel No,(596)328-2300
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|F ILED DOC.
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DUTCHESS COUNTY CLERK 02 /18 /2021 03 : 5 6 P$ RECEIVED NYSCEF: 01/11/2022
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5. the time period from August 19, 2019 through December 4, 2019, SKY VIEW
During
provided room, board and skilled nursing care services to the RESIDENT.
6. The RESIDENT accepted the care and services rendered by SKY VIEW.
7. Said services were rendered at the reasonable value of $21,318.52.
8. SKY VIEW always had an expectation of receiving payment from the RESIDENT for
the care and services it rendered to the RESIDENT.
9. By reason of the room, board and skilled nursing care and services rendered by SKY
VIEW to the RESIDENT, there remains due and owing to SKY VIEW, from the
RESIDENT, the sum of $21,318.52.
AS AND FOR A SECO D CAUSE OF ACTION
"1"
10. Plaintiff repeats and realleges each and every allegation contained in paragraphs
"9"
through above with the same force and egect as if same were more fully set forth at
length herein.
11. The RESIDENT has been unju•tly enriched as a result of receiving care and services
from SKY VIEW without making payment therefor.
12. By reason of the RESIDENT's unjust enrichment, the RESIDENT is liable to SKY
VIEW in the sum of $21,318.52.
AS AND FOR A THIRD CAUSE OF ACTIQN
"l"
13. Plaintiff repeats and realleges each and allegation contained in paragraphs
every
"12"
through above with the same force and effect as if same were more fully set forth at
length herein.
14. On or about August 19, 2019, DEFENDANT signed an admission agreement
("AOREEMENT") with SKY VIEW.
LakeSuccess,NYI1942
Tel.No.(516)328-2300
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15. By signing the AGREEMENT, DEFENDANT held herself out as the party capable of,
and responsible for, ensuring that the RESIDENT had a payment source for his nursing
home care.
16. Pursuant to the AGREEMENT, DEFENDANT undertook the obligation to remit
payment from the RESIDENT's funds and/or secure payment from third party payors to
meet the RESIDENT's obligations to the Plaintiff.
17. By reason of the DEFENDANT's default and breach of the AGREEMENT, SKY VIEW
has suffered damages in the sum of $21,318.52.
AS AND FOR A FOURTH CAUSE OF ACTION
"1"
18. Plaintiff repeats and realleges each and every allegation contained in pamgr=phs
"17"
through above with the same force and effect as if same were more fully set forth at
length herein.
19. During the time period from August 19, 2019 through December 4, 2019, and in
particular when the RESIDENT was a nursing home resident at SKY VIEW's nursing
sicility, the RESIDENT and the DEFENDANT were legally married as husband and
wife.
20. The medical necessaries rendered to the RESIDENT SKY VIEW the aforesaid
by during
time period were furnished on the credit of DEFENDANT, as the RESIDENT's spouse.
21. No part of the balance due and owing to the SKY VIEW has been paid, sithcugh
payment thereof has been duly demanded.
ABRAMS,FENSTERMAR PIMSrERMAN, ESMAN, PORMATO.FERRARA,WO1.F& CARONB,EP
3 DakotaDrive - suke300
E.slieSmoosss,
NY I1042
TcL No.($16)328-2300
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22. By reason of the foregoing, the DEFENDANT is responsible for the payment demanded
herein and, thus, is indebted to SKY VIEW in the sum of $21,318.52.
.
WHEREFORE, Plaintiff, SKY VIEW REHABILITATION AND HEALTH CARE
CENTER, LLC, demands judgment against the Defendants, THOMAS KEMPLE and
MAUREEN KEMPLE, as follows:
a. On the First Cause of Action, in the =:=‡ of $21,318.52, plus interest from
December 4, 2019;
b. On the Second Cause of Action, in the amount of $21,318.52, plus interest from
December 4, 2019;
c. On the Third Cause of Action, in the amount of $21,318.52, plus interest from
December 4, 2019; .
d. On the Fourth Cause of Action, in the amount of $21,318.52, plus interest from
December 4, 2019; and
e. The costs and disbursements of this action, together with such other and further
relief as this Court may deem just, proper, and equitable.
Dated: December 7, 2020 o w Aff72
Lake Success, New York S, FENSTERMAN,
ISMAN, FORMATO, WOLF &
CARONE, LLP
By: Nicholas Corona, Jr., Esq.
3 Dakota Drive, Suite 300
Lake Success, NY 11042
516-328-2300
File No.: 106977.1084
ABRAMS. N.MBTERMA . TO.FEUtARA.WOUr&CARONG.uR
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NYSCEF INDEX NO. 2021-50631
F ILED DOC.
: NO. 21
DUTCHESS COUNTY CLERK 02 /18 / 2021 03 : 5 6 P RECEIVED NYSCEF: 01/11/2022
NYSCEF DOC. NO . 1 RE CEIVED NYSCEF: 02/18/2021
106977.1084
VERIFICATION
STATE OF NEW YORK )
) ss.:
COUNTY OF WESTCHESTER )
///llÓ (A , being duly sworn, deposes and says he/she is the
4 N of SKY VIEW REHABILITATION AND HEALTH CARE
CENTER, LLC the above named Plaintiff, which is a limited liability company created under,
and by virtue of the laws of the State of New Yods he/she has read the foregoing Verified
Complaint and the same is true to the knowledge of the deponent except as to the matters therein
stated to be alleged on information and belief, and as to those matters he believes it to be true.
SKY VIEW REHABILITATION AND
HEALTH CARE CENTER, LLC
By:
e: •r
Sworn to fore me this dÛ
day of -.2024.
Notary ublic YATHARINE
Public.
CALISI
State of NeW
Notary No.01CA6199009
M
Coun
Qualised in Putnam
Commission Expires iM O
F5N57584A FERRARA.WOLFA CARONS,u.P
6 of 7
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INDEX
NO.
RECEIVED NYSCEF:2021-50631
01/11/2022
NiSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/18/2021
.
Index No.:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF DUTCHESS
SKY VIEW REHABILITATION AND HEALTH CARE CENTER, LLC,
Plaintsf
-against-
THOMAS KEMPLE and MAUREEN KEMPLE,
Defendants.
SUMMONS AND VERIFIED COMPLAINT
ABRAMS, FENSTERMAN,FENSTERMAN, EISMAN,
FORMATO, FERRARA, WOLF & CARONE, LLP
AttorneysforPlaintsf
3 DAKOTA DRIVE
SUITE300
LAKE SUCCESS,NEW YORK 11042-1034
Tel.No. (516)328-2300
FaxNo.(516)328-6638
7 of 7
Preview
FILED: DUTCHESS COUNTY CLERK 01/11/2022 05:17 PM INDEX NO. 2021-50631 NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 01/11/2022 EXHIBIT D FILED: DUTCHESS COUNTY CLERK 01/11/2022 05:17 PM INDEX NO. 2021-50631 WD NYSCEF DOC. : NO. 21 DUTCHESS COUNTY CLERK 02 /18 / 2 0 21 03 : 5 6 PM| NO.INDEX RECEIVED NYSCEF: 01/11/2022 NYSCEF: 2021-50631 02/18/2021 NYSCEF DOC. NO. 1 RECEIVED SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF DUTCHESS ......___.--.._....-.........-----------------X SUMMONS SKY VIEW REHABILITATION AND HEALTH CARE CENTER, LLC, Basis of Venue Defendants' Residences: Plaintiff, -against- 112 Jefferson Boulevard MAUREEN Fishkill, NY 12524 THOMAS KEMPLE and KEMPLE, Defendants. X TO THE ABOVE NAME DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or if the complaint is not served with this sussara, to serve a notice of appearance, on the plaintiff's attomey within twenty (20) days after the service of this sm=ens, exclusive of the date of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); an o your failure to appear or answer, judgment will be taken you b d ul o th relief demanded in the complaint Dated: December 7, 2020 S, FENSTERMAN, FEN , Lake Success, New York SMAN, FORMATO, FE OLF & CARONE, LLP Defendants' Addrpages: Attorneys forPlaintly THOMAS KEMPLE By: Nicholas Corona, Jr., Esq. 112 Jefferson Boulevard Pursuant to NYCRR § 130-1-1.a: Fishkill, NY 12524 3 Dakota Drive - Suite 300 Lake Success, New York 11042 MAUREEN KEMPLE (516)328-2300 112 Jefferson Boulevard File No.: 106977.1084 Fishkill, NY 12524 "Please be advised that this firm is a debt collector and this is an attempt to collect a debt purpose." Any information obtained will be used for that 1 of 7 FILED: DUTCHESS COUNTY CLERK 01/11/2022 05:17 PM INDEX NO. 2021-50631 NO. 2021-50631 INDEX |FILED DOC. NYSCEF : NO. 21 DUTCHESS COUNTY CLERK 02 /18 /2021 03 : 56 PM| RECEIVED NYSCEF: 01/11/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/18/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS . .. X SKY VIEW REHABILITATION AND HEALTH . " CARE CENTER, LLC, 'E yERIFIED COMPLAINT THOMAS KEMPLE and MAUREEN KEMPLE, Defendants. X Plaintiff, above named, by its attomeys, ABRAMS, FENSTERMAN, FENSTERMAN, EISMAN, FORMATO, FERRARA, WOLF & CARONE, LLP, comph ing of the Defendants, above named, respectfully sets forth and alleges: 1. At all times hereinafter mentioned, Plaintiff, SKY VIEW REHABILITATION AND HEALTH CARE CENTER, LLC, ("SKY VIEW") is a limited liability company duly organized and existing under and by virtue of the laws of the State of New York, and is engaged in the business of providing skilled nursing home care services, at the premises located at 1280 Albany Post Road, Croton on Huds0rg NY 10520. 2. That THOMAS KEMPLE ("RESIDENT") resides at 112 Jefferson Boulevard, Fishkill, NY 12524. 3. That MAUREEN KEMPLE ("DEFENDANT") resides at 112 Jefferson Boulevard, Fishkill, NY 12524. AS AND FOR A FIRST CAUSE OF ACTION 4. "1" Plaintiff repeats and realleges each and every allegation contained in paragraphs "3" through above with the same force and effect as if same were more fully set forth at length herein. ABRAMS,FENSTERMAN,FENSTERMAN,EISMAN,FORMATO,FliRRARA, WOLF& CARONE,LLP 3DakotaDrive -Suhe300 LakoSuccess,NY 15042 Tel No,(596)328-2300 2 of 7 FILED: DUTCHESS COUNTY CLERK 01/11/2022 05:17 PM INDEX NO. 2021-50631 NYSCEF INDEX NO. 2021-50631 |F ILED DOC. : NO. 21 DUTCHESS COUNTY CLERK 02 /18 /2021 03 : 5 6 P$ RECEIVED NYSCEF: 01/11/2022 NYSCEF DOC. NO. 1 RECEIVED NY5CEF: 02/18/2021 5. the time period from August 19, 2019 through December 4, 2019, SKY VIEW During provided room, board and skilled nursing care services to the RESIDENT. 6. The RESIDENT accepted the care and services rendered by SKY VIEW. 7. Said services were rendered at the reasonable value of $21,318.52. 8. SKY VIEW always had an expectation of receiving payment from the RESIDENT for the care and services it rendered to the RESIDENT. 9. By reason of the room, board and skilled nursing care and services rendered by SKY VIEW to the RESIDENT, there remains due and owing to SKY VIEW, from the RESIDENT, the sum of $21,318.52. AS AND FOR A SECO D CAUSE OF ACTION "1" 10. Plaintiff repeats and realleges each and every allegation contained in paragraphs "9" through above with the same force and egect as if same were more fully set forth at length herein. 11. The RESIDENT has been unju•tly enriched as a result of receiving care and services from SKY VIEW without making payment therefor. 12. By reason of the RESIDENT's unjust enrichment, the RESIDENT is liable to SKY VIEW in the sum of $21,318.52. AS AND FOR A THIRD CAUSE OF ACTIQN "l" 13. Plaintiff repeats and realleges each and allegation contained in paragraphs every "12" through above with the same force and effect as if same were more fully set forth at length herein. 14. On or about August 19, 2019, DEFENDANT signed an admission agreement ("AOREEMENT") with SKY VIEW. LakeSuccess,NYI1942 Tel.No.(516)328-2300 3 of 7 FILED: DUTCHESS COUNTY CLERK 01/11/2022 05:17 PM INDEX NO. 2021-50631 NYSCEF DOC.DUTCHESS NO. 21 INDEX RECEIVED NO. NYSCEF:2021-50631 01/11/2022 |FILED: COUNTY CLERK 0 2 / 18 / 2 0 2 1 03 : 5 6 PM NYSCE F DOC. NO. 1 RECEIVED NYSCEF: 02/18/2021 15. By signing the AGREEMENT, DEFENDANT held herself out as the party capable of, and responsible for, ensuring that the RESIDENT had a payment source for his nursing home care. 16. Pursuant to the AGREEMENT, DEFENDANT undertook the obligation to remit payment from the RESIDENT's funds and/or secure payment from third party payors to meet the RESIDENT's obligations to the Plaintiff. 17. By reason of the DEFENDANT's default and breach of the AGREEMENT, SKY VIEW has suffered damages in the sum of $21,318.52. AS AND FOR A FOURTH CAUSE OF ACTION "1" 18. Plaintiff repeats and realleges each and every allegation contained in pamgr=phs "17" through above with the same force and effect as if same were more fully set forth at length herein. 19. During the time period from August 19, 2019 through December 4, 2019, and in particular when the RESIDENT was a nursing home resident at SKY VIEW's nursing sicility, the RESIDENT and the DEFENDANT were legally married as husband and wife. 20. The medical necessaries rendered to the RESIDENT SKY VIEW the aforesaid by during time period were furnished on the credit of DEFENDANT, as the RESIDENT's spouse. 21. No part of the balance due and owing to the SKY VIEW has been paid, sithcugh payment thereof has been duly demanded. ABRAMS,FENSTERMAR PIMSrERMAN, ESMAN, PORMATO.FERRARA,WO1.F& CARONB,EP 3 DakotaDrive - suke300 E.slieSmoosss, NY I1042 TcL No.($16)328-2300 4 of 7 FILED: DUTCHESS COUNTY CLERK 01/11/2022 05:17 PM INDEX NO. 2021-50631 NYSCEF NO. INDEXNYSCEF:2021-50631 FILED: DOC.DUTCHESS NO. 21 COUNTY CLERK 02 /18 /2 021 03 : 5 6 PM| RECEIVED 01/11/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/18/2021 22. By reason of the foregoing, the DEFENDANT is responsible for the payment demanded herein and, thus, is indebted to SKY VIEW in the sum of $21,318.52. . WHEREFORE, Plaintiff, SKY VIEW REHABILITATION AND HEALTH CARE CENTER, LLC, demands judgment against the Defendants, THOMAS KEMPLE and MAUREEN KEMPLE, as follows: a. On the First Cause of Action, in the =:=‡ of $21,318.52, plus interest from December 4, 2019; b. On the Second Cause of Action, in the amount of $21,318.52, plus interest from December 4, 2019; c. On the Third Cause of Action, in the amount of $21,318.52, plus interest from December 4, 2019; . d. On the Fourth Cause of Action, in the amount of $21,318.52, plus interest from December 4, 2019; and e. The costs and disbursements of this action, together with such other and further relief as this Court may deem just, proper, and equitable. Dated: December 7, 2020 o w Aff72 Lake Success, New York S, FENSTERMAN, ISMAN, FORMATO, WOLF & CARONE, LLP By: Nicholas Corona, Jr., Esq. 3 Dakota Drive, Suite 300 Lake Success, NY 11042 516-328-2300 File No.: 106977.1084 ABRAMS. N.MBTERMA . TO.FEUtARA.WOUr&CARONG.uR 5 of 7 FILED: DUTCHESS COUNTY CLERK 01/11/2022 05:17 PM INDEX NO. 2021-50631 NYSCEF INDEX NO. 2021-50631 F ILED DOC. : NO. 21 DUTCHESS COUNTY CLERK 02 /18 / 2021 03 : 5 6 P RECEIVED NYSCEF: 01/11/2022 NYSCEF DOC. NO . 1 RE CEIVED NYSCEF: 02/18/2021 106977.1084 VERIFICATION STATE OF NEW YORK ) ) ss.: COUNTY OF WESTCHESTER ) ///llÓ (A , being duly sworn, deposes and says he/she is the 4 N of SKY VIEW REHABILITATION AND HEALTH CARE CENTER, LLC the above named Plaintiff, which is a limited liability company created under, and by virtue of the laws of the State of New Yods he/she has read the foregoing Verified Complaint and the same is true to the knowledge of the deponent except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. SKY VIEW REHABILITATION AND HEALTH CARE CENTER, LLC By: e: •r Sworn to fore me this dÛ day of -.2024. Notary ublic YATHARINE Public. CALISI State of NeW Notary No.01CA6199009 M Coun Qualised in Putnam Commission Expires iM O F5N57584A FERRARA.WOLFA CARONS,u.P 6 of 7 FILED: DUTCHESS COUNTY CLERK 01/11/2022 05:17 PM INDEX NO. 2021-50631 5ED DOC. NYSCEF : DUTCHESS NO. 21 COUNTY CLERK 0 2 /18 / 2 0 21 03 : 56 PM| INDEX NO. RECEIVED NYSCEF:2021-50631 01/11/2022 NiSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/18/2021 . Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS SKY VIEW REHABILITATION AND HEALTH CARE CENTER, LLC, Plaintsf -against- THOMAS KEMPLE and MAUREEN KEMPLE, Defendants. SUMMONS AND VERIFIED COMPLAINT ABRAMS, FENSTERMAN,FENSTERMAN, EISMAN, FORMATO, FERRARA, WOLF & CARONE, LLP AttorneysforPlaintsf 3 DAKOTA DRIVE SUITE300 LAKE SUCCESS,NEW YORK 11042-1034 Tel.No. (516)328-2300 FaxNo.(516)328-6638 7 of 7