Madison - St. Clair Record

Sunday, August 18, 2019

Faith Countryside Homes files suit against client for money owed

By John Severance | Jun 30, 2017

EDWARDSVILLE — A residential health care provider seeks payment from two defendants who had used the facility but not yet paid for services.

Faith Countryside Homes filed the suit May 24 in Madison County Circuit Court. Listed as defendants were Randy Erwin and Mary F. Klopmeier.

According to the complaint, the defendants and plaintiffs entered into a contract on Aug. 10, 2011. Faith Countryside Homes agreed to provide residential care, and the defendants agreed to pay for the services.

The suit states that Erwin, acting with power of attorney for Klopmeier, entered into a contract with the residential health care facility. But on May 2 of this year, Erwin and Klopmeier allegedly stopped making payments. According to the suit, the balance owed is $81,252.90 and the accrual rate is $173 per day.

There are four counts in the suit.

"Defendants have benefited from and continue to benefit from services that Faith Countryside is providing to defendant, Mary F. Klopmeier," the complaint said.

The suit claims the health care provider has been damaged because of the defendants’ failure to make payments.

"Defendants, in receiving the care and services of Faith Countryside without reimbursing Faith Country side for the costs it has incurred violates the fundamental principles of justice, equity and good conscience,’’ the complaint states.

The plaintiff is represented by Michael Nester, Brendan Nester and Jason Gourley.

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Madison County Madison County Circuit Court