HomeMy WebLinkAbout09-4955
ELDERHOOD OPTION, INC, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. Oq - yg55 C
STEVEN R. MUSIC, CHRISTIAN CIVIL ACTION
MUSIC and DORIS TEMP, .
Defendants
NOTICE
You have been sued in court. If you wish to defend against
the claims 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 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
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166
800-990-9108
A .
NOTICIA
Le han demandado a usted en la corte. Si usted guiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma
escrita sus defensas o sus objectiones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo
aviso o notificacion y por cualquier queja o alivio que es pedido
en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166
800-990-9108
ELDERHOOD OPTION, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 8,t ,J ' rt .-
STEVEN R. MUSIC, CHRISTIAN CIVIL ACTION
MUSIC and DORIS TEMP,
Defendants
COMPLAINT
1. Plaintiff is Elderhood Option, Inc., a corporation
organized and existing under the laws of the Commonwealth of
Pennsylvania, and having its business office at 6 W. Main Street,
Shiremanstown, Pennsylvania 17011.
2. At all times pertinent hereto, Plaintiff traded as
Griswold Special Care - Cumberland County Office.
3. Defendants are Steven R. Music, an adult individual who
resides at 1802 Suncrest Drive, Carlisle, Pennsylvania 17013;
Christian Music, an adult individual who resides at 14612
Chesterfield Road, Rockville, Maryland 20853-1601; and Doris Temp,
an adult individual who resides at 104 Tory Circle, Enola,
Pennsylvania 17025.
4. On or about October 21, 2002, Plaintiff entered into a
written agreement with Elf riede Music, under which Plaintiff agreed
to coordinate caregiver services for Ms. Music for consideration in
accordance with Griswold Special Care's fee schedule. A copy of
the agreement is attached hereto, made a part hereof, and labeled
Exhibit A.
5. Defendants are the children of Elfriede Music.
6. The caregiver services were necessary for the health and
welfare of Elfriede Music who was unable to provide for her own
needs.
7. Plaintiff coordinated caregiver services for Elfriede
Music for the period beginning in January of 2007, and ending in
August of 2007, for which invoices totaling $2,226.75 were issued
in accordance with the fee schedule.
8. The reasonable value of the services rendered by Plaintiff
for Elfriede Music was $2,226.75.
9. Defendants had notice or knowledge that the services were
being rendered to Elfriede Music and that Plaintiff was not
receiving payment from her.
10. On September 5, 2007, Eldriede Music died. Proceedings
to open an estate have not been filed.
11. Plaintiff was advised that Elfriede Music's assets were
insufficient to pay her debts, and that no payment would be made to
Plaintiff.
12. Plaintiff thereupon issued a demand upon the Defendants,
as children of Eldriede Music, for payment of the outstanding
invoices under the provisions of 23 Pa.C.S.§4603.
13. Despite such demand, payment has not been received.
14. Plaintiff believes, based upon information received, that
Elfriede Music lacked sufficient assets and income to provide for
her support.
2
WHEREFORE, Plaintiff demands judgment against Defendants,
jointly and severally, in the amount of $2,226.75, together with
finance charges of 1%% per month, reasonable attorney's fees and
costs.
Date: V /; L&u ?
Respectfully submitted,
CLECKNER AND FEAREN
By: ZAI
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
Attorney for Plaintiffs
3
VERIFICATION
.42 5i I ?
I, SUSAN K. SHATTO, r,"e t, of ELDERHOOD OPTION, INC.,
trading as GRISWOLD SPECIAL CARE-CUMBERLAND COUNTY OFFICE, hereby
verify and state that to the extent the foregoing complaint
contains facts supplied by me, they are true and correct to the
best of my knowledge, information and belief; however, to the
extent that the foregoing document and/or its language is that of
counsel, I have relied upon counsel in making this Verification.
I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification
to authorities.
Date. D
SAN K. SHATTO,
bft SPECULL CARE
?i ?-SPECIAL CARE - CLIENT SERVICE AGREEMENT
This Agreement is by and between SPECIAL CARE ("SPECIAL CARE "), a PA corporation, and the individual, couple or family
requesting Service at the address noted below (""CLIENT). Each hereby affirms his/her/their/its respective ability and competency
to enter into and full intent to be legally bound by this Agreement, with full exchange and receipt of good and valuable consideration
between them, without duress. Service is commenced upon CLIENT request and the agreed upon terms and conditions are
confirmed and ratified by this written Agreement as follows without waiver of SPECIAL CARE's rights:
1. SPECIAL CAREwill refer one or more individuals ("Caregiver") to CLIENT for his/her/their satisfactory consideration to provide
companionship, personal care or homemaking services("Service") to CLIENT at a location, for a period of time and under
conditions specified by CLIENT. CLIENT understands that under no circumstances may the Caregiver be requested or
permitted to perform medical procedures or administer narcotics or injections. Caregiver may assist CLIENT with self-
administered medications only with written instructions provided by the CLIENT, CLIENT's agent or physician. CLIENT
understands and agrees that Caregivers are independent contractors registered with SPECIAL CARE for referral to clients
requesting services. Nothing in this Agreement or SPECIAL CARE's dealings with Caregiver is or will be construed to be
inconsistent with that relationship. CLIENT agrees that it is CLIENT who determines whether Caregiver will continue to perform
his/her services for CLIENT. Independent contractor Caregivers are responsible for their own taxes, however CLIENT may
issue 1099s at year end at CLIENT's election for tax deduction purposes.
2. CLIENT will make payments consistent with the fee schedule then in effect which shall be subject to change by written notice
from SPECIAL CARE. CLIENT will make separate payments to Caregiver and at least weekly to SPECIAL CARE after receiving
billing slip from Caregiver. Finance charges of up to 1.5% per month will be added to any past-due balances. CLIENT agrees to
pay reasonable attorney fees, court costs and/or collection agency charges if CLIENT's account goes more than thirty (30) days
past due. If arranged in advance of Service starting, a third party billing company will be used to bill CLIENT's insurance
company or other third party payer directly. CLIENT remains initially and primarily responsible for all costs and fees not covered,
timely reimbursed or authorized by the third party payer.
3. CLIENT agrees to notify SPECIAL CARE promptly of any and all changes in scheduling arrangements with Caregiver.
.Minimum charges will apply to short notice changes or cancellations by CLIENT. If unable to work at a particular time, Caregiver
is to notify CLIENT, CLIENT or Caregiver will then contact SPECIAL CARE about the change and SPECIAL CARE will make
every reasonable effort to make a new referral at CLIENT's request.
4. CLIENT and/or CLIENTs agent/responsible party agrees on behalf of CLIENT, CLIENT's agent/responsible party, beneficiaries,
heirs and/or family/household members to release SPECIAL CARE, Inc., its officers, directors, agents and employees, Office,
Office Directors, Office employees, and Caregiver from any and all liability, potential or real, for any injury, claim, damage or
loss, including attorneys' fees, incurred in connection with the performance of this Agreement and all services performed by
Caregiver for the CLIENT, including, but not limited to, assisting CLIENT with his/her medications and providing transportation to
CLIENT or any member of CLIENT's family/household, except for gross negligence. All Caregivers referred to CLIENT by
SPECIAL CARE sign a similar liability release to help protect the CLIENT. The protections of this paragraph are not granted
and do not inure to the any potentially implied rights of any possible third party beneficiaries.
CLIENT understands and agrees that during the period of time Service is being provided by a SPECIAL CARE referred
Caregiver and for one (1) year after termination of such Service under this Agreement, CLIENT shall not use, employ nor
otherwise contract in any way for the same or similar services of or from any SPECIAL CARE referred Caregiver, nor from any
caregiver identified through direct association with SPECIAL CARE services. If the CLIENT breaks this part of the Agreement
CLIENT and SPECIAL CARE agree that damages to SPECIAL CARE could be difficult to estimate, although great and
irreparable. CLIENT therefore agrees that CLIENT will pay SPECIAL CARE the sum of three-thousand five hundred dollars
($3,500) per Caregiver for any breach of this paragraph which is just compensation to SPECIAL CARE for CLIENT's actions
and not a penalty.
6. SPECIAL CARE or CLIENT may each terminate Service without cause with at least twenty-four (24) hours advance written
notice. This Agreement is the complete agreement between SPECIAL CARE and CLIENT; it cannot be changed unless
changes are in writing; all portions of the Agreement are severable and if any provision is held invalid by a court, SPECIAL
CARE and CLIENT will negotiate an adjustment in that provision(s) and the enforceability of the remaining provisions shall not
be affected. This Agreement shall be construed under the laws of and subject to the exclusive jurisdiction of the Courts of the
Commonwealth of Pennsylvania without reference to conflict af-law principles.
7. Notification for CLIENT emergency or death (? -,phone- ,??3-14 M3
CLIENTs primary healthcare contact - phone
Yes 11 No - Client is on hospice care w/DNR Order< 1 year old (no 911 calls)
Yes 173 No - Client has Advance Dire i e (lpcate co y if s)
BY: C, 177 C
Cumberland County Office of SPECIAL CARE C IEN ignature (print name):
4704 Carlisle Pike, Suite 6
Mechanicsburg, PA 17055 Date:
717-975-0540
Signature of Power-of-Attomey
U
% Address & phone #
2000 GRISWOLD SPECIAL CARE, Inc.
.Signature of Spouse, Family/ usehold Me berr Personal Guar nlef (if any
Service Address
EXHIBIT
CM.)
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Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
?ItitrheCl,???
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant OFIWF Or r"E ?,ERIFF
Edward L Schorpp
Solicitor
Elderhood Option, Inc.
vs.
Steven R. Music
Case Number
2009-4955
SHERIFF'S RETURN OF SERVICE AMENDED
07/21/2009 On this date R. Thomas Kline, Sheriff mailed the within complaint and notice by certified mail, return
receipt requested to Christian Music.
07/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within
Complaint and Notice upon the within named defendant, Christian Music, in the following manner: On Jul)
23, 2009 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within
Complaint and Notice to the defendant's last known address of 14612 Chesterfield Road Rockville, MD
20853. The certified mail return receipt card was received by the Cumberland County Sheriffs Office
signed by Andreas Music.
07/23/2009 05:42 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 23,
2009 at 1742 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Doris Temp, by making known unto herself personally, defendant at 104 Tory Circle
Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her
personally the said true and correct copy of the same.
07/24/2009 08:00 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Steven R. Music, but was unable to
locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the
defendant Steven R. Music. The Carlisle Postmaster has advised the defendant has moved and left no
forwarding address. An exact address is not available.
SHERIFF COST: $90.05
August 12, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Deputy Sheriff
FILED-OFFICE
OF THE PPM-? C3TARY
2009 AUG 19 PM 2: 38
:.J4 1 t aJ??
PEiVNS YLVAN}A
ELDERHOOD OPTION,
Plaintiff
V8.
STEVEN R. MUSIC, CHRISTIAN
MUSIC and DORIS TEMP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4955 CIVIL TERM
CIVIL ACTION
REPLY TO COMPLAINT
Under 23 Pa. C.S. §4603 answering #14;
§ 4605 Recovery of Money.
(b) Proof that the person to whom the money is due became a public charge or was publicly
assisted shall be conclusive proof of the right to recover whatever may be legally due the
person
Mrs. Music was self supporting, neither indigent nor a public charge, and as required by law,
remaining funds were used to pay funeral expenses and settle her estate. I have no knowledge
of how much or what was paid, as I was not included her will and had no access to that
information. However, the estate was not insolvent, and while remaining funds were limited,
after the funeral expenses were paid, the remainder was used to pay bills.
§ 4603. Relatives' Liability; Procedure
(a) Liability
(2) Paragraph (1) does not apply in any of the following cases;
(i) If an individual does not have sufficient financial ability to support the indigent
person.
Since Mrs. Music was self supporting I am not liable nor do not have sufficient funds to cover
this cost, an attorney or your recovery attempt even if this would have been the case.
Respectfully submitted,
Doris Temp
Date: Doris Temp
104 Tory Circle
Enola, PA 17025
VERIFICATION
I, Doris Temp, defendant, herby verify and state that to the extent of the reply to the
complaint the facts are true and correct to the best of my knowledge, information and
belief; however, to the extent that I was no involved in, nor a part of my mothers affairs or
estate and had no knowledge of terms or amounts of settlements of her estate I have to
rely on what knowledge I have and am acing without counsel due to financial difficulties.
I understand that false statements herein are subject to penalties of the 18 Pa. C.S.A.4904,
relating to unsworn falsification to authorities.
Date: 7
oa.e'-e? -/-iW
Doris Temp
RLED..... - r^,r
OF THE 6-P ^ ,!r"TAPY
2009 AUG 2 7 PIN 2: 17
ELDERHOOD OPTION, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 09-4955 CIVIL TERM
STEVEN R. MUSIC, CHRISTIAN CIVIL ACTION
MUSIC and DORIS TEMP,
Defendants
NOTICE - REPLY
My reply, although late has been filed on 8/27/2009.
Prior to filing my reply I had contacted the Bar Association who could not help me but refered
me to a lawyer. While I could not afford his fees he explained the 20 days that I had not fully
understood and the fact each person has to reply despite three defendants being named in
the complaint.
I am unable to afford counsel but have read the law and again state that what you imply
does not to the best of my knowledge apply in the deceased person's case and am contesting
your statements about my liability and Mrs. Music's ability to support herself.
Date:
Respectfully submitted,
Doris Temp
Doris Temp
104 Tory Circle
Enola, PA 17025
FLED-OFFICE
OF THE PROII-M)TARY
2009SEP -4 PM 3: Q3
CUW3 k.F a?titU u"OUNTY
PENNSUAPJ3A
ELDERHOOD OPTION, INC.
Plaintiff
VS.
STEVEN R. MUSIC, CHRISTIAN
MUSIC and DORIS TEMP,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4955 CIVIL TERM
PRAECIPE FOR ENTRY
OF JUDGMENT BY DEFAULT
Kindly enter judgment by default in favor of Plaintiff against
Defendant Christian Music for failure to plead in the amount of
$3028.38, together with finance charges of 11-A per month from
September 1, 2009 until paid.
The undersigned certifies that a written notice of intention
to file this praecipe was mailed after the failure to plead to the
complaint and at least 10 days prior to the date of the filing of
this praecipe to Defendant Christian Music. A copy of the notice
is attached hereto.
Respectfully submitted,
Date. 1,2q'0a
CLECKNER AND FEAR N
By:
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. 0. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
ELDERHOOD OPTION, INC.
Plaintiff
VS.
STEVEN R. MUSIC, CHRISTIAN
MUSIC and DORIS TEMP,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-4955 CIVIL TERM
IMPORTANT NOTICE
TO: CHRISTIAN MUSIC
Defendant
DATE OF NOTICE: SEPTEMBER 1, 2009
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING,
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
800-990-9108
Attorney for Plaintiff(s)
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. 0. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
AVISO IMPORTANTE
A: CHRISTIAN MUSIC
Defendido
FECHA DEL AVISO: SEPTEMBER 1, 2009
LISTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR
COMPARECENCIA ESCRITA POR SI MISMO 0 A TRAVES DE UN ABOGADO Y
SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE
HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE
DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA
DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED
PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR
UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
800-990-9108
Abogado Del Demandante
Dennis J. Shatto, Esquire
PA Attorney ID #25675
119 Locust Street
P. 0. Box 11847
Harrisburg, PA 17108-1847
(717) 238-1731
ALED-?F1CE
OF THE PIROTHMTARY
2R9 QCT -5 PM #2: 38
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