From Fellowship Senior Living, Inc. v. Schenk, decided in 2020 by New Jersey trial court judge Yolanda Ciccone, but just posted on Westlaw a few days ago:
By way of background, this suit arises out of the Schenks' failure to pay for monthly residency and other attendant recurring service charges beginning in June 2017 and continuing through October of this year. On March 18, 2010, the Schenks entered into the Residency Agreement with Fellowship by which Fellowship accepted the Schenks as lifecare residents in the Fellowship Village CCRC and agreed to provide them with, among other things, housing, certain healthcare as needed, and certain meals (the "Services").
Pursuant to the Agreement, the Schenks agreed to pay Fellowship an upfront entrance fee, plus ongoing monthly service fees and other related fees such as for cable television, carport, telephone and internet connectivity. The parties have asserted various claims, counterclaims, and third-party claims which have largely been resolved by the Schenks' tender of $140,501.36 in partial satisfaction of the outstanding sums due as set forth in the Court's November 7, 2019 Order.
The court entered an order that (among other things) "enjoin[ed] the Schenks from future disparagement or derogatory communications against Fellowship, its Officers, Board Members, Employees, or Agents," but later granted the Schenks' motion to reconsider:
