Two more civil lawsuits filed against Heritage Springs Memory Care

Aug. 23—LEWISBURG — Two more civil lawsuits have been filed on Wednesday by families involved in an extensive elder abuse case at Heritage Springs Memory Care in Lewisburg.

Attorney Erica C. Wilson, of Murray, Stone & Wilson, PLLC, in West Conshohocken, filed two lawsuits in Union County Court on behalf of patients Sue Linder and Marsha Croll and their families against the assisted living facility at 327 Farley Circle, Lewisburg, its management, building owners and two employees who were accused of abusing 17 residents.

Those listed as defendants are Heritage Springs facility and corporation, administrator Tambra Speece, Business Manager Lennea Brown, employees Madison Laine Cox and a 17-year-old boy, property and business owner T-Ross Brothers, of Milton, and Todd and Tom Ross and Christopher Helmrich, of T-Ross.

Last month, the first civil lawsuit was filed on behalf of patient Alice Longenberger and her family, making three civil lawsuits filed in total. Wilson uses much of the same language in all three lawsuits to lay out the case.

The lawsuit alleges counts of negligence, breach of fiduciary duty and negligent infliction of emotional distress against the Heritage defendants; counts of negligence per se against all defendants; and counts of negligence and battery against the two employees. A jury trial is demanded as well as financial damages.

An unidentified 17-year-old male resident assistant and his co-worker resident aide Cox, 18, of Pinchtown Road, Montgomery, allegedly took numerous nude and demeaning photographs and videos of 17 residents between December and April. They allegedly posed with patients in the shower or on the toilet, took pictures of patients who had defecated themselves or had fallen to the ground and took videos of themselves demeaning or harassing individuals, according to court documents filed by Buffalo Valley Regional Police.

They allegedly sent those records to each other, shared them on the phone app SnapChat, and showed them to classmates at a school, police said.

The victims range in age from 72 to 100 years old. The majority of people residing at Heritage Springs are in various stages of Alzheimer's disease or dementia, which limits or severely impedes their cognitive abilities, police said.

Abuse detailed

Two of those residents allegedly abused were Linder and Croll. Linder was admitted to Heritage in February while Croll was admitted in June 2021.

"On at least one occasion, Ms. Linder was brutally attacked by another resident with a known propensity for violence," wrote Wilson. "On several other occasions, Ms. Linder was positioned by the staff of Heritage Spring Memory Care Center in compromising, unflattering and embarrassing positions and then photographed and videotaped for the public to see."

Shortly after being admitted, Linder's family began to notice inadequate staffing levels, frequently requiring Linder's children to stay overnight at the facility for the protection of Linder and other residents, Wilson wrote.

"On one such night, (Linder's daughter) Paula L. Shaw sent a text message at 8:45 p.m. to Defendant Todd Ross warning that there was a 'major staffing issue tonight with unsafe conditions,'" Wilson wrote. "Defendant Todd Ross did not respond until 6:45 a.m. the next morning with 'I am not sire (sic) who this is.'"

Wilson continued, "Conditions were so dire that Ms. Linder's children took it upon themselves to coordinate with the local fire department to form an exit plan in the event an emergency occurred during one of the nights they spent at the facility."

In February 2022, the facility was cited by the state Department of Health for failing to protect residents from the violent tendencies of other residents. Linder was violently attacked by a resident who had been exhibiting behavioral issues, Wilson wrote.

The two employees criminally accused of elder abuse allegedly recorded Linder while she was slumped over a couch. This fact "was concealed from Ms. Linder's family by defendant Tambra Speece for several months," Wilson wrote.

Over the past year, Croll began experiencing episodes of "depression and uncontrollable crying." Coll was recorded while she was on the toilet and the 17-year-old's voice can allegedly be heard telling the woman she smells like feces, Wilson wrote.

Cox allegedly placed Croll's underwear on her head and a simulated marijuana joint in her mouth. On other occasions, staff members placed pillows over Croll's face to prevent her from crying and yelling, Wilson wrote.

Croll's family verbally complained to Speece about the abusive staff on three occasions. The complaints were ignored, allowing the rampant abuse to continue, Wilson wrote.

'Utter cruelty'

Wilson described in all three lawsuits the alleged abuse as "utter cruelty" and "ongoing torture" — a "far cry from the promised 'nurturing environment' on Heritage Spring Memory Care Center's webpage." The facility was "often staffed by children and hooligans, if at all" or staffed by untrained personnel, she wrote.

Wilson wrote that Heritage Springs "maximized profits at the expense of the care required to be provided to their residents.

"In their efforts to maximize profits, Heritage defendants negligently, intentionally and/or recklessly mismanaged and/or reduced staffing levels below the level necessary to provide adequate care to residents," she wrote.

Certificate revoked

The state Department of Human Services recently revoked the facility's certificate of compliance and issued a provisional license, which is valid until Feb. 4, 2024. If the violations are not corrected within five calendar days of the receipt of the letter, the state intends to assess fines.

The Aug. 4 letter and report details a total of 30 violations stemming from licensing inspections on April 12 and 13, May 3, 9 and 18, and June 6, 15 and 27. Two additional inspection summary reports in February and December showed a combined seven additional violations.

Speece did not respond to emails requesting comment for this report.

Cox has been charged with 17 misdemeanor counts of abuse of a care-dependent person. The charges were filed by Buffalo Valley Regional Police Patrolman Gary V. Heckman in the Lewisburg office of District Judge Jeffrey Rowe.

Cox is scheduled for a preliminary hearing at 9 a.m. today in front of Rowe.