LISBON - A therapy company has again attempted to obtain nearly $600,000 from the former owner of the Holander House in Salem in a civil lawsuit filed this week in Columbiana County Common Pleas Court.
Premier Therapy LLC of Beaver, Pa., filed a lawsuit claiming the debt is owed by David Childs of Naples, Fla.; Management Services Co. of Brewster; Brewsterpark, Inc. doing business as Brewster Parke Senior Living Community of Akron; Buckingham Doolittle and Burroughs, LPA of Akron and Huntington National Bank.
According to court documents, the lawsuit is based on all the defendants participating in the 2009 transfer and liquidation of the nursing home known as Holander House and the alleged unpaid debt owed by the Holander House to Premier Therapy.
The lawsuit claims during a time period between April 2001 and February 2009 Holander House was provided therapy services by Premier Therapy. The private insurance, Medicare and Medicaid claims were filed by Holander House, which received payment for the services. However, in 2006 through 2009, the Holander House did not pay Premier Therapy.
In a lawsuit filed Common Pleas Court in 2009, the court reportedly granted Premier Therapy $592,929 and interest from Holander House. However, the debt reportedly has never been paid.
After the 2009 lawsuit was filed, court documents alleged ownership or operational control was transferred among family members to Childs, who also owned Management Services Co. and Brewster Parke. Childs reportedly used the funds owed to Premier Therapy to repay himself for loans made to Holander House and sent money to his other two companies. Court documents claim $82,604 were paid from Holander House to Brewster Parke prior to the 2009 judgment, while another $41,112 was paid to Brewster Parke after the judgment.
Childs also allegedly sought a buyer for Holander House. On May 8, 2009, the title was reportedly transferred from Holander House to Brewster Parke. Then in June 2009, Brewster Parke reportedly agreed to sell the Holander House to HSC Capital for $1.7 million and the 90 nursing home bed licenses to HSC Capital for $500,000.
Holander House, David Childs and Brewster Parke used $1.7 million to pay Huntington Bank back for a loan.
The lawsuit alleges the assets of the Holander House were fraudulently liquidated while a lawsuit was ongoing.
The court documents allege Child's, Management Services and Brewster Parke's expenses and loans were paid, while the judgment went unpaid. The lawsuit requests the defendants be ordered to pay the previously ordered $592,929.