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Home My WebLink About01-2616 CAPITAL AREA TEMPORARY IN THE COURT OF COMMON PLEAS SERVICES, INC., d/ida ELITE MEDICAL i CUMBERLAND COUNTY, PENNSYLVANIA STAFFING, : : Plaintiff : : NO. 2001- C VIL TERM VS. : RONALD BUCHART and GARY RUNK, ' : CIVIL ACTION - LAW 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 fights 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CAPITAL AREA TEMPORARY : IN THE COURT OF COMMON PLEAS SERVICES, INC., d/Wa ELITE MEDICAL. CUMBERLAND COUNTY, PENNSYLVANIA STAFFING, : : Plaintiff : : NO. 2001- ,~6,/(, vs. CIVIL TERM : RONALD BUCHART and GARY RUNK,: : CIVIL ACTION - LAW Defendants : COMPLAINT AND NOW, comes Capital Area Temporary Services, Inc., dfo/a Elite Medical Staffing. by and through its attorneys, Kline Law Office, and respectfully files the following Complaint: 1. Plaintiffis Capital Area Temporary Services, Inc., a Pennsylvania Corporation with its principal place of business located at 839 Market Street, Lemoyne, Cumberland County, Pennsylvania. Plaintiffdoes business as Elite Medical Staffing, a fictitious name registered by the Plaintiffcorpomtion with the Pennsylvania Department of State. 2. Defendant Runald Buchart is an adult individual presently residing at 20 Round Hill Road, Apt. #1, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant Gary Runk is an adult individual currently residing at 20 Round Hill Road, Apt. #1, Camp Hill, Cumberland County, Pennsylvania. 4. On or about September 21, 2000, Defendants entered into a Service Agreement with Plaintiff for the performance of certain home health aide services for the benefit of Defendant Ronald Buchart. A copy of the Service Agreement is attached to this Complaint as Exhibit "A". 5. Pursuant to the Service Agreement, Plaintiffdid provide the services requested by Defendants beginning on or about September 21, 2000 anti[ services were terminated for failure to make payment on or about January 6, 2001. 6. Defendants have failed to make any payment whatsoever to Plaintiff for the services rendered. The total amoant due and owing ~om Defendants to Plaintiffis $5,193.04. 7. Despite repeated requests by and on behalf of Plaintiff, Defendants have failed to make any payments of the amount due. 8. The Service Agreement provides that, should Defendants fail to pay, Plaintiff may charge a late charge of one and one-half(1.5%) pereent per month. As a result of the Defendants' failure to pay, a late charge has accrued in the amoant of $387.73 as of May 1, 2001, and will continue to accrue until the balance is paid in full. 9. The Service Agreement provides that in the event of failure to pay, Defendants shall pay attorneys fees and costs incurred in the effort to collect the past due balance. Plaintiff has incurred and will continue to incur attorneys ~es antil this balance is paid in full. WHEREFORE, Plaintiff, Capital Area Temporary Services, Inc., d/b/a Elite Medical Staffing, respectfully requests that this Honorable Court anter judgment in its favor and against Defendants in the amoant of $5,193.04, plus late fees in the amount of $387.73, plus additional late fees that will continue to accrue antil the balance is paid full, plus attorneys fees and court Costs. Respectfully submitted, DATE ~ Robert P. Kiine, Esquire' -- KLINE LAW OFFICE 714 Bridge Street Post O~ce Box 461 New Cumberland, PA 17070-0461 (717) 7702540 Attorney for Plaintiff SERVI( E AGREEMENT i'his .letter consJjtutes an agreement between Elite Medical Staffing (the "Agency") and (the "Patient") and/or the undersigned, who agrees to assume responsibility for payment of all invoices rendered by the Agency for services provided to the Patient. We agree to pay for services at the ~:I: oOI ~$ We agree to pay for ¢~,,~. services at the . ~"-o¢~o per ~as sh~wC'~n on the Agency Invoices. We agree to pay for services at the rate of $_ per _ as shown on the Agency Invoices. · ~J_z.__~.~__ per ~r._.~C~_.~as shown on the Agency Invoices. At the end of each work day, one of us will sign the Agency time slip verifying the number of hours worked that day. Weekly bills, based on the daily time slips, will be sent to us and we will pay such hills as soon as we receive them. We understand that if an Agency employee is entitled under applicable laws and regulations to overtime pay rates, we are responsible to pay a corresponding multiple of the regular bill rate. If we do not pay any bill within 30 days after its date, we will pay you a charge of the greater of: (i) I 1/2% per month (an interest rate of 18% per year);, or (ii) the maximum permitted by law from the date the bill was due until it is paid, plus your costs for a lawyer or collection agency if you have to hire one to collect the bill. We will not entrust the Agency employees with any money or other property and we will not let them operate any equip- ment or appliances unless included in the established care plan. the Agency is not responsible for valuables or any other items of personal property kept at the patient's premises. We will indemnify and hold th~ Agency and its employ- ees harmless from any loss and expense that result from our violaiing this paragraph except for loss or expense caused by the employee's gross negligence qr wi tu/misconduct. We understand there may be situations where there may be short interruption~ in service. During such interruptions, we will arrange for appropriate' care. Ve will not ~se the services of or hire any present or former Agency employee for 60 days after the last day that we use the services of the Agency. If either of us violates this paragraph, we will pay the Agency $1,500 as damages. We authorize the Agency to check our credit history and references. We are depositing with the Agency the sum of $ which you should apply to our account when we stop using the Agency's services. We may ask you to send copies of bills to our insurance company. Although the patient is insured and the patient's insurance company may pay all or a portion of your billings, we remain responsible for timely pay- ment. IF FOR ANY REASON WHATSOEVER THE PATIENT'S INSURANCE COMPANY iS LATE IN MAKING PAY- MENTOR FAILS TO PAY ALL OR A PORTION OF YOUR BILLS, WE AGREE TO MAKE PAYMENT TO YOU OF EAT BILL W~f~N IT IS DUE. If we have any ~3ues[ions about our bills, we are free t call Patient '~t ,{ {,....-- Date -[ I~-~.-~tz.,/ Responsible Paying Party_.~,~:.~ Insurance Company Name: Employer's Name: Policy # Group # _ Claim # In consideration of services provided, I fits to be paid directly to the Agency. hereby authorize the assignment ol~ all bene- fully understand this authorization applies ONLY to those charges covered under my policy and that any and all addi- tional and/or denied claims/charges are to be billed to me directly and payable upon receipt. Patient Date Responsible Paying Part~ WHITE - Clinical Record YELLOW - Home Chart VERIFICATION I, BRIAN J. GAUGHAN, President of Capital Area Tempornry Services, Inc., dMa Elite Medic. al Staffing, verify that the statements made in the foregoing Complaint are Irue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date 3'--/- °/ J'~. G~ BRIAN President Capital Area Temporary Services, Inc., d/h/a Elite Medical Stnffl~g SHERIFF'S RETLrR_N - REGULAR CASE NO: 2001-02616 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL AREA TEMPORARY SERVICE VS BUCHART RONALD ET AL DAVID MCKIN-NEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BUCHART RONALD the DEFENDANT , at 1943:00 HOURS, on the 8th day of May , 2001 at 20 ROUND HILL ROAD APT 1 CAMP HILL, PA 17011 by handing to RONALD BUCHART a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 8.06 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.06 05/09/2001 ROBERT PETER KLINE Sworn and Subscribed to before By: me this 23~,,~ day of DepUty Sher~lff ~P~othonotary SHERIFF'S RETURN - REGULAR CASE NO: 2001-02616 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL AREA TEMPORARY SERVICE VS BUCHART RONALD ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RUNK GARY the DEFENDANT , at 1943:00 HOURS, on the 8th day of May , 2001 at 20 ROUND HILL ROAD CAMP HILL, PA 17011 by handing to GARY RUNK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 05/09/2001 ROBERT PETER KLINE Sworn and Subscribed to before By: me this 23.~ day of ~Deputy Sheriff A.D. ~P~othonotary CAPITAL AREA TEMPORARY : IN THE COURT OF COMMON PLEAS SERVICES, INC., d/b/a ELITE MEDICAL: CUMBERLAND COUNTY, PENNSYLVANIA STAFFING, : : Plaintiff : : NO. 2001-2616 CIVIL TERM VS. .. .' RONALD BUCHART and GARY RUNK,: : CIVIL ACTION - LAW Defendants : PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment of default in favor of Plaintiff, Capital Area Temporary Services, Inc.. d/b/a Elite Medical Staffing, and against Defendants, Ronald Buchart and Gary Runk, for Defendants' failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within twenty (20) days fi'om the date ofserviea thereof. Both Defendants were served with the complaint on May g, 2001, end therefore, Defendants' answer was due to be filed on or before May 29, 2001. Attached as Exhibits "A" and "B" are copies of Plaintiffs written notice of intention to file praecipe for entry of default judgment, which I certify was mailed by regular mail to each of the Defendants at his last known address on May 30, 2001, which is at least ten (10) days prior to the filing of this praecipe. Please assess damages in the amount of $5,580.77, being the amount, plus late fees, demanded in the complaint. OBERT P. KLINE, E Q~~ 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff CAPITAL AREA TEMPORARY : IN THE COURT OF COMMON PLEAS SERVICES, INC., d/b/a ELITE MEDICAL: CUMBERLAND COUNTY, PENNSYLVANIA STAFFING, : : Plaintiff : : NO. 2001-2616 CIVILTERM VS. : : RONALD BUCHART and GARY RUNK,: : GIVIL ACTION - LAW Defendants : TO: Rotmld Buchart 20 Round Hill Road, Apt. 1 Camp Hill, PA 17011 DATE OF NOTICE: May 30, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITH]lq 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~ FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland. PA 17070-0461 (717) 770-2540 Attorney for Plaintiff EXHIBIT "A" CERTIFICATE OF SERVICE I hereby certify that I served a tree and correct copy of the foregoing Notice upon Ronald Buchart, Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 30th day of May, 2001, fi'om New Cttmberland, Pem~sylvania, addressed as follows: Ronald Buchart 20 Round Hill Road, Apt. 1 Camp Hill, PA 17011 ROBERT P. 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-046 I (7 ! 7) 770-2540 Attorney for Plaintiff CAPITAL AREA TEMPORARY · IN THE COURT SERVICES, INC., d/b/a ELITE MEDICAL i OF COMMON PLEAS STAFFING, : CUMBERLAND COUNTY, PENNSYLVANIA : Plaintiff : : NO. 2001-2616 CIVIL TERM VS. RONALD BUCHART and GARY RUNK, · : CIVIL ACTION - LAW Defendants : TO: Gary Runk 20 Round H/Il Road, Apt. Camp H/Il, PA 17011 DATE OF NOTICE: May 30, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU .~u.,~ ~l-il~. YOU SHOULD TA' ......... ~ ltil~ NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ROBERT p. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, pA 17070-0461 (717) 770-2540 Attorney for Plaintiff EXHIBIT "B" CERTn~ICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Notice upon Gary Runk, Defendant, by depositing same in the United States Mail, first class, postage pre-paid on the 30th day of May, 2001, from New Cumberland, Pennsylvania, addressed as follows: Gary Rm~k 20 Roared Hill Road, Apt. 1 CampHill, PA 17011 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff