Two more lawsuits filed against Heritage Springs, bringing total to seven
Nov. 16—LEWISBURG — Two more lawsuits have been filed in Union County Court by two of the families affected by 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 the lawsuit on behalf of patients Helen E. Inch and Joyce M. Showers 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 an 18-year-old boy, property owners Todd and Tom Ross and Christopher Helmrich, of T-Ross Brothers, of Milton.
Over the last four months, a total of seven lawsuits have been filed on behalf of patients Alice Longenberger, Sue Linder, Marsha Croll, Helen G. Roush-Buck Ruth Roberts and their families. Attorney Martin S. Kardon, of Kanter, Bernstein, & Kardon P.C., of Philadelphia, represents Roberts while Wilson represents the other six.
The lawsuit alleges counts of 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 then-17-year-old male resident assistant — who was charged as a juvenile but turned 18 in August — and his co-worker resident aide Cox, 19, 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 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.
Two victims
Two of those victims were Inch and Showers.
Inch was diagnosed with dementia in 2018. She was admitted to Heritage on April 2, 2021, and remains there today, Wilson wrote.
Cox, while the unidentified male filmed, allegedly recorded Inch while on the toilet. Cox allegedly laughed as she pulled Inch's shirt over her head, exposing her breast and inhibiting her sight, Wilson wrote.
Showers came to the facility in March 2022, and remains there today, Wilson wrote.
Cox and the unidentified male took photographs and video of Showers bathing. They tagged the images with the phrase "She throwing it back," which had "no legitimate purpose but to harass, demean and alarm Showers," Wilson wrote.
The families of Inch and Showers allegedly made complaints to Speece about abusive staff members. Those complaints were "ignored, allowing the rampant abuse to continue," Wilson wrote.
Following the arrest of Cox and the juvenile employee and despite the widespread reach of their conduct, Speece "told families of the residents 'this whole thing is blown out of proportion' and 'the newspaper is sensationalizing this,'" Wilson wrote.
Speece and Brown disciplined staff for cooperating with investigations into resident abuse and decrying the cooperation as "costing us so much damage," Wilson wrote.
Hearing scheduled
In Longenberger's case, a hearing is scheduled for 3 p.m. Dec. 12 in front of Judge Michael Piecuch to hear Wilson's motion for an in-camera review of and production of medical records. The Union County Area Agency on Aging is directed to appear and bring all relevant documents and records for the in-camera review.
Defense attorney Marshall Dennehey, of Philadelphia, filed preliminary objections, demanding that all claims be dismissed. Reasons listed were improperly filed claims, no sufficiently specific allegations, individuals can not be held liable for corporate negligence or vicarious liability, being overly broad, among others.
T-Ross Bros Construction, whose owners also own the Heritage Springs property, was removed from the lawsuit, according to court documents.
No current violations
The latest inspection report from the state Department of Human Services showed no violations or deficiencies at Heritage. They previously had their certificate of compliance revoked and had been issued a provisional license.
An 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.
Cox waived hearing
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 on Aug. 24 waived her right to a preliminary hearing, which moved her case forward to the Union County Court of Common Pleas. A formal arraignment scheduled for Nov. 6 in front of Union County Judge Michael Piecuch has been waived; no further court dates are scheduled at this time.
Rowe set non-monetary bail with conditions for Cox. She must not be employed at a health care or caregiving facility; she must not have any contact with the victims, families of victims, witnesses or the unidentified male co-defendant; she must show up for court proceedings; she must inform the court if she moves; and she must stay out of trouble.
Earlier this month, the unidentified male was adjudicated on 17 of the 34 counts and his disposition was transferred to another county. Adjudication for a juvenile is the functional equivalent of being found guilty in an adult criminal procedure. A disposition hearing in juvenile court is akin to a sentencing hearing in adult court.
