The URL can be used to link to this page

Home My WebLink About03-1773KELLY HOME CARE SERVICES, INC., Trading As KELLY ASSISTED LIVING SERVICES Plaintiff Vo HENRY GROTHE and THEODORE GROTHE, as Personal Guarantor Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. -.. /'77,.?, CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 or (800) 990-9108 KELLY HOME CARE SERVICES, INC., Trading As KELLY ASSISTED LIVING SERVICES Plaintiff Vo HENRY GROTHE and THEODORE GROTHE, as Personal Guarantor Defendants · NO. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW COMPLAINT The Plaimiff, KELLY HOME CARE SERVICES, INC. Trading As KELLY ASSISTED LIVING SERVICES, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of THREE THOUSAND, SIX HUNDRED ($3,600.00) DOLLARS, along with interest thereon from June 30, 2002, upon a cause of action of which the following is a statement: 1. The Plaintiff, KELLY HOME CARE SERVICES, INC., is a corporation organized and existing under the laws of the State of Michigan, having an office and place of business at 999 West Big Beaver, Troy, Michigan 48084. 2. The Defendant, HENRY GROTHE, is an adult individual Mechanicsburg, Cumberland County, Pennsylvania 17055. residing at 1096 Cocklin Street, 3. The Defendant, THEODORE GROTHE, is an adult individual residing at 2001 Crissy Lane, Enola, Cumberland County, Pennsylvania 17025. F:\USER~BONNIEJO\COMP\WORK\29266com.wpd:31 Mar03 4. On or about March 27, 2002, Defendant, Theodore Grothe, on behalf of his father, Henry Grothe, did execute a Service Agreement for the provision of home care living services by Plaintiff. A true and correct copy of said Service Agreement is attached hereto, marked as Exhibit "A" and made a part hereof. 5. Plaintiff does not attached its Invoices hereto as an Exhibit due to the voluminous nature of same. Said Invoices have been provided on a periodic basis to Defendants, however, upon written request by Defendants or Defendants' Counsel to Plaintiff's Counsel, said Invoices will be made available to Defendants or their Counsel for the purpose of review and copying in Plaintiff's Counsel's offices. 6. The prices charged for said labor performed and services provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendants, in writing, promised and agreed to pay Plaintiff therefor. 7. The balance due and owing by Defendants to Plaintiff is the sum of Three Thousand ($3,000.00) Dollars as set forth on Plaintiff's Statement of Account attached hereto, marked as Exhibit "B" and made a part hereof. 8. Due to Defendant's default in payment of the monies owed to Plaintiff, and pursuant to the terms and conditions of the Service Agreement attached hereto at Exhibit "A" and made a part hereof, Defendants are further liable for attorney's fees which have been added to said account in the amount of Six Hundred ($600.00) Dollars. F:\USER\BONNIEJO\COMP\WORK~29266com.wpd:31Mar03 2 9. The balance due and owing by Defendants to Plaintiff is the sum of Three Thousand, Six Hundred ($3,600.00) Dollars. 10. Plaintiff has frequently demanded payment from Defendants of said amount due and owing as aforesaid, but Defendants have refused and neglected and still refuse and neglect to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendants the sum of THREE THOUSAND, SIX HUNDRED ($3,600.00) DOLLARS, together with interest thereon from June 30, 2002. Respectfully submitted, KNUPP, KODA BLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER~BONNIEJO\COMP\WORK\29266com.wpd:31 Mar03 3 14. 2003,; 8'50AM~773~248 273 2514 ORDER ENTRY j i SERVICE AGREEMENT NO. 368 P. 3s e~/e4 Clieht iervice (Direcl Quotes ~ '. Activities of Daily Living must be provided in order for your insurance to consider Overtime is billed at one and one half times the bill rate. Overtime worked on holidays billed at h~ee times the bill rate. Holidays will be billed at one and one half times the hourly or daily bill rate ichever is apDlicable). Holidays include: New Year's Day, Memorial Day, Independence Day, Labor Day, ~lTi'i~anEsSivinr=, Christmas Eve (S p,m. to 8 a.m.), Christmas Day and New Year's Eve (S p.m. to 8 a.m.). Milea~ .isbilled to the client when the employee transports the client in ~he employee's vehicle aL~~ cents per · ~;'it S~i~ Visits a~provided by Specialized Care Services; bilfing is per visit and includes dme for ~lvel ~d do~Fnentati°n, /~ L~ln Sen'ices Minimum number of four consecutive days. Client must meet es~blbhed criteria for live. In services. Employee works 8 hours; sleeps 8 hours; aJqd has 8 hours of leisure ti~e in each 24-hour period. (except in Pennsylvania and Wisconsin), ~, ,e~-ement Fees The Client and/or Guarantor as~ee, ii: he/she hires a KALS caregiver within e imo~ths after completion of client services, to pay KALS a placemerff fee equal to ~he eater of 25% of the annualized salary or S$,000. ../ ;l~~~.. Sen, ia~ En~y.ee,.. wo~, ,n the home overnight and req uires at least 6 h ours of Initials 4r~nJals .14, 2003s', 8:50AMz ?? :248 273 2514 ORDER ENTRY NO. 368 P, 4z ,, SERVICE AGREEMENT /' ~ Guarantee KALS guarantees that the KALS employee sh-,dl satisfactorily perform the sewices ordered. Within 3.0 days of notice from the client~ KALS will cancel charges for unsatis~actorv service. A refund will be,C~ issued for a.ny overpaymeint made when service has been discontinued under dlese circumstance~, 1 ~n~ellation or Significant Reductions of Services You will receive Reasonable notice (see state-specific clten{ Ry'~rbt~ &:Respon~'~e~ form) prior to termination of services. If KALS emldoyees' safety is in danger, no,ice will be given to the extent I~at is practical. A~m~ to Pay The Client or Guarantor ~L~ree to pay KALS for all services provided upon receipt of imtoice(s) regardless of whether the services are reimbursable by insurance or other third party payer source(s), 'If l~our insurance requires a certain number of Activities of Daily Living and those activities are n_gj performed, .then you will be responsible for payment, f_ ~ iA~,th, ori~tion for Release of Information , hereby aulhorize [Gad.5 to release and/or receive ~ar~ ~ast and/or present health information as may be necessary for the coordina0on of my care itoiother service providers and to all third party payers as required to receive payment and (or iqtaJlty assurance activities. r.~(' iC~rd~nt fo~ Tmeatmenf and/or Home Care Sea,ices I hereby authorize KALS and ils agents to ~r~i~e ~ne wilfi home care services~ treatments and procedures as requested by me and or~e.'r'ed by my physidan when applicable. The nature, frequency and purpose of the service .!a~. iany. side effects or hazards have been explained to me. ' IPeet Guarantee If the client is unable to sign the KAI~ care§lver's Oma card~ I authorl;~e KAt.5 branch sta ~ toe, verify hours worked and I suarantee payment for services rendered .... ] e~rqcipation. Medicare L-ove~S short-term intermittent services and must meet addition.! ,- ~/- ~, r.r)~ria, therefore, services provided by KALS cannot be billed ~o Medicare. Initials ~ Bi~Ili~.$ Method The estimated char&es {see pa&e 1 ) are based on ~he services originally requested. Billing is /l~ | b~g~l on actual time worked, (or ta~ks performed during #vlslts"), by KALS' caregivers as evidenced by J ~el~loyee time cards. Since services may vary as client's requests and needs change, th~ amount may differ '1 fr~)~:lh~ estimated services on page 1. Client has received and understands the explanation of ~he method of .~ bilt~g 'and received a copy crf sample invoice brochure. ,'~ ( .C~li~'tio~ Process The Payer source will receive past due notices at 30 days, $0 days and 90 days ; i r~ti~ce). If the account remains unpaid, (urther collection efforts are pursued, which may Include bjrning the .! a~.ci)unt over to the Collecflorl C)epartrnerlt. The client and/or ~,uarantor agrees tha~ If K^LS ~ecessarily incurs i re'h/legal fees and related exp~nses in collection efforts, then the che~t and/or guarantor shall be re.~ponsible · ~ fc r ~ayins KALS ~he label haas and related expenses incurred, ; i C reidit Rep°rt Th~ Client and Guarant°r au th°rlze KALS t° °bbain °'edit rep°rts relafin$ to t~em bef°r~e~b. .~ipning service, IR.,f~nd. Process The client is direcmd to use his/her credit memos a~ainst fljture invoices. .' reimburses the client when overpayment has caused a credit balance to remain after s~harse. ~'q'nltlab ~-'~ua'ra~tor~cial~ Re~onsiblePe'.~l,~.. ~n ' Rela,lonshlp To Client Date · 4dd.,'e~.L --.~/ - . Soct.I SeeuHty._e Telephone No. I O96 OTHE ST 17055 KELLY HOME CARE IVISION OF KELLY SERVICES, INC. STATEMENT Customer #~ 390840-01 Branch #~ 5180 N3960 PAYMENT TERMS: NET DUE UPON RECEIPT INVOICE/Mi ORDER INVOICE NUMBER NUMBER 04/08/02 14377886 N3960 04/15/02 15409860 N3960 05/01/02 17098021 N3960 05/03/02 18021048 N3960 04/22/02 16423816 N3960 04/29/02 17426094 N3960 05/06/02 18431858 N3960 05/13/02 19416879 N3960 05/20/02 20434416 N3960 05/27/02 21388830 N3960 06/03/02 22430375 N3960 06/10/02 23373389 N3960 06/17/02 24375529 N3960 06/24/02 25369658 N3960 07/01/02 26388442 N3960 CURRENT 09/17/02 SUB-TOTALS This statement is provided as a courtesy so t because Any amount in () is a credit, eit~ MgR B1 'OB O$:~BPM KHUPP ~ KODgK PC of KELLY HOME SERVICES, INC. Trading as KELLY ASSISTED LIVING SERVICES, verify that the statements made in thc aforegoing document arc lrue and correct. I understand that false statements herein are made subject W the penalties of ! 8 Pa. C. S. §4904, relating to unsworn falsification to authorities. Dated:_ By: Title: KELLY HOME SERVICES, INC. 29266 F:~URER~BONNIF_JO~COMP~WORK~29266c~a.wixi:3 lMar03 sHERIFF'S RETURN - oASE NO: 2003-01773 P COMMONWEALTH OF pENNSYLVANIA: coUNTY OF cuMBERLAND KELLY HoME CARE sERVICES INC VS REGULAR GROTHE HENRY ET AL ROBERT BITNER cumberland county,Pennsylvania' sayS, the within cOMPLAINT & NOTICE GROTHE HENRY at 2047:00 HOURS, DEFENDANT ' at 1096 coCKLIN STREET MECHANICSBURG, PA 17055 HENRY GROTHE a true and attested copy of sheriff or Deputy sheriff of who being duly sworn according to law, the was served upon on the 29~th day o~ Ari_~_~~, ~00___~ by handing to together with COMPLAINT & NOTICE and at the same time directing ~ attention to the contentS thereof. She Do Se Swor/q me th~ sheriff's CostS: 18.00 Docketing 7.59 Service .00 Affidavit 10.00 surcharge .00 sworn and subscribed to before me this ~ day of So Answers: ~ine 0~/30/2003 KNUPP KODAK IMBLUM By:~ ,'~,.~. J KELLY HOME CARE SERVICES, INC., Trading As KELLY ASSISTED LIVING SERVICES, Plaintiff HENRY GROTHE and THEODORE GROTHE, as Personal Guarantor, Defendants : In the Court of COMMON PLEAS of : CUMBERLAND County, Pennsylvania : NO. 2003-01773CIVIL : CIVIL DIVISION - LAW PRAEClPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and discontinued with prejudice. TO Cumberland County Prothonotary Dated: June 17, 2003 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff