Molly English-Bowers Feb. 15, 2016, 1:16pm


EDWARDSVILLE – A Glen Carbon retirement home is suing a resident, alleging lack of payment for its services.

Eden Retirement Center Inc. filed the lawsuit Feb. 1 in Madison County Circuit Court against Constance Drake and Robert Drake, alleging breach of promissory note, breach of guaranty and breach of contract.

 

According to the complaint, Constance Drake is a private pay resident at the plaintiff's Glen Carbon facility and Robert Drake is her son and representative who signed a contract with the plaintiff Aug. 10, 2012. According to the contract, the suit says, the plaintiff is to provide shelter, food, housekeeping services, assistance with daily living and related services to the defendant in return for payment of a monthly fee.

The lawsuit states Constance Drake failed to make her monthly payments and, as of July 31, 2014, plaintiff was owed $120,409. However, the suit says, rather than begin a transfer of the defendant, the plaintiff agreed to enter into a promissory note of the balance owed.

According to the suit, the defendant agreed to pay off the balance within the year, and as of July 31, 2014, the amount owed was $63,278, for which Robert Drake executed the promissory note. That balance accrues interest at 4 percent annually, and both principal and interest were to be paid by Dec. 28, 2015, the lawsuit states.

The suit alleges as of that date, the balance remains unpaid, and accrued interest totals $1,040. Further, because of the default, the suit says, interest began accruing at 10 percent annually as of Dec. 29, 2015.

The lawsuit states, under the breach of contract count, the plaintiff has incurred monthly fees for room and board from Aug. 1, 2015, to Jan. 1, of $35,930. In addition, the suit says, those charges continue to accrue while the defendant still resides there. The complaint says an interest of 18 percent per year can be charged on all unpaid balances.

Eden Retirement Center seeks the total amount owed by both defendants, $63,278, plus interest of $1,039.50, as well as attorney fees, court costs and other costs the court deems just and proper. It is represented by attorney Sandra J. Tatoian of Mathis, Marifian & Richter Ltd. in Edwardsville.

Madison County Circuit Court case number 16-L-139

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