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.,r BLAND COUNTY
ENt-1SY VANIA
ELDERHOOD OPTION, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. - 3 0 S I 20
SANDRA D. WILLIAMS and
BARBARA D. STRATMEYER, Civil Term
CO-EXECUTRICES OF THE ESTATE
OF IRENE C. PEFFER,
Defendants CIVIL ACTION - LAW
NOTICE TO DEFEND
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, 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 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
9)
OP. 00 "IA
ck?as?a93
Dennis J. Shatto, Esquire
Pa. Attorney ID 25675
CLECKNER AND FEAREN
P. O. Box 11847
Harrisburg, PA 17108-1847
(717)238-1731
Attorney for Plaintiff
ELDERHOOD OPTION, INC.,
Plaintiff
vs.
SANDRA D. WILLIAMS and
BARBARA D. STATMEYER,
CO-EXECUTRICES OF THE ESTATE
OF IRENE C. PEFFER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
Civil Term
CIVIL ACTION - LAW
COMPLAINT
20
1. Plaintiff is Elderhood Option, Inc., a Pennsylvania corporation having its principal
place of business at 6 West Main Street, Shiremanstown, Pennsylvania, 17011.
2. At all times pertinent hereto, Plaintiff conducted business as Griswold Special Care -
Cumberland County Office.
3. Defendants are Sandra D. Williams, 9 South Humer Street, Enola, Pennsylvania,
17025, and Barbara D. Stratmeyer, 4 Haverford Circle, Manchester, Pennsylvania, 17345, Co-
Executrices of the Estate of Irene C. Peffer, deceased.
4. On January 22, 2009, Plaintiff entered into a Client Service Agreement with Irene C.
Peffer, through her agent, Sandra D. Williams, under Power of Attorney dated October 21, 2004.
A copy of the said Agreement is attached hereto, made a part hereof, and labeled Exhibit "A."
5. Plaintiff provided service to Irene C. Peffer under said Agreement until March 11,
2010, when service for Irene C. Peffer was discontinued by her agent, Sandra D. Williams.
6. Services were performed for Irene C. Peffer by Diane Gibson, a caregiver referred by
Plaintiff.
7. Between March 11, 2010, and at least May 31 of 2010, the said Diane Gibson
provided caregiver services to Irene C. Peffer under a private contract between them.
8. On September 25, 2010, Irene C. Peffer died, and Letters Testamentary were
thereafter issued to Defendants for the administration of her estate.
9. Under paragraph 5 of the aforesaid Agreement, Irene C. Peffer agreed that for a period
of one year after termination of services with Plaintiff, she would not employ or otherwise contract
for the same or similar services from a caregiver referred by Plaintiff, and in the event of a violation
of paragraph 5, Irene C. Peffer agreed to pay to Plaintiff the sum of $3,500 as damages.
10. By contracting with Diane Gibson for performance of services after Plaintiffs
services under the aforesaid contract were terminated, Irene C. Peffer violated paragraph 5 of the
aforesaid Agreement.
11. Despite demand, Defendants have failed or refused to pay to Plaintiff the contractual
damages of $3,500.
-2-
WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $3,500,
together with costs and interest.
Respectfully submitted,
CLECKNER AND FEAREN
By
Dennis J. Shatto, Esquire
Pa. Attorney ID #25675
119 Locust Street
P. O. Box 11847
Harrisburg, PA 17108-1847
(717)238-1731
Attorneys for Plaintiff,
Elderhood Option, Inc.
-3-
Mimi OR]SWOLDSPECIAL CARE GRISWr - 7 SPECIAL CARE- CLIENT SF VICE AGREEMENT
This Agreement is by and between GRISWOLD SPECIAL CARE("GRISWOLD SPECIAL CARE") and the individual, couple or family
requesting Service ("CLIENT") at the address below from the local Office, a domestic corporation. 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 GRISWOLD SPECIAL CARE's
rights:
1. GRISWOLD SPECIAL CARE will refer one or more screened individuals ("Caregiver") to CLIENT for his/her/their satisfactory
consideration to provide companionship, personal care or homemaking services ("Service") to CLIENT at a location, fora 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, 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.CLI ENT understands and agrees
that Caregivers are independent contractors registered with GRISWOLD SPECIAL CAREfor referral to clients requesting services.
Nothing in this Agreement or GRISWOLD 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 based upon the advice of CLIENT's own tax advisor.
2. CLIENT will make payments consistent with the fee schedule then in effect which shall be subject to change by written notice from
GRISWOLD SPECIAL CARE. CLIENT will make separate payments to Caregiver and at least weekly to GRISWOLD 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 can 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 GRISWOLD SPECIAL CARE promptly of any and all changes in scheduling arrangements made 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 GRISWOLD SPECIAL CARE about the change and
GRISWOLD SPECIAL CARE will make every reasonable effort to make another referral.
4. CLIENT and/or CLIENT's agent/responsible party agrees on behalf of CLIENT, CLIENT's agent/responsible party, beneficiaries,
heirs and/or family/household members to release GRISWOLD SPECIAL CARE, Inc., owner of all records, its officers, directors,
agents and employees, Office, Office Directors, Office employees, and Caregiver from any and all liability, potential or real, fpr any
injury, claim, damage or loss, including attorneys' fees, incurred in connection with the performance of this Agreement ahd 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 GRISWOLD SPECIAL CARE sign a similar liability release to help protect the CLIENT. The protections of
this paragraph are not granted to and do not inure to the potentially implied rights of any possible third party beneficiaries.
- CLIENT understands and agrees that Burin the eriod of time Service is bein rovided b a GR/S
E
referred Caregiver and for one (1) year after termination of services CLIENT shall not employ nor otherwise contract in anv wavRfr)r
the same or similar services of or rnm anv r`R! ?ninl n c nrr+i n
- - l?IP1L I.HKC serve
D SPECIAI CARF anraa +h?+ ._
G
6. GRISWOLD 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 GRISWOLD 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 of
competent jurisdiction without reference to conflict of law principles which may govern this Agreement, GRISWOLD SPECIAL CARE
and CLIENT will negotiate an adjustment in at provision( and the enfor eability of the remaining provisions shall not be affected.
7. Notification for CLIENT emergency or d at phone
CLIENT ry healthcare contact e 1Z 0 es No -Client phone_??
?)ice care w/D Order< 1 year old (no 999 calls)
Yes N - Ii has v ce Directive (attach to client copy of agreement or ID location of copy if Yes)
By. a /v
Cumberland County Offic 4CLIENT Signature. Print name:
of GRISWOLD SPECIAL CARE
6 West Main Street ?? ?? ??
Shiremanstown, PA 17011 Service dress:
717-975-0540 ? l ?-
Payer's SS# Date:
EXHIBIT
ower-of-Attorney Signature, if ny (attach copy) Spouse, Family/Household Member, Personal Guaran
POA address & phone#: Z7
VERIFICATION
I, SUSAN K. SHATTO, an officer of Elderhood Option, Inc., hereby verify that the
statements made in the foregoing Complaint are true and correct to the best of my knowledge,
information and belief.
I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A.
§4904, relating to unsworn falsification to authorities.
Date: rz 5' 2011
ZSN K. SHA TO
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
4g?i?titp al ccjr46'ej.1/14
faFf. i-'SF' •. WF
i' I 14
Elderhood Option, Inc.
vs.
Sandra Williams (et al.)
2011 ,1UN -1 Ali 10: 28
GU Pg NNSYL\/A NIA OUNT'(
Case Number
2011-3854
SHERIFF'S RETURN OF SERVICE
05/06/2011 05:11 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on May 6,
2011 at 1711 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Sandra Williams, by making known unto herself personally, at 5 S. Humer Street, 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.
ROB RT BITNER, DEPUTY
05/06/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Barbara Stratmeyer, but was unable to locate her in hi:
bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint
and Notice according to law.
05/13/2011 04:56 PM - York County Return: And now May 13, 2011 at 1656 hours I, Richard P. Keuerleber, Sheriff of
York County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint
and Notice, upon the within named defendant, to wit: Barbara Stratmeyer by making known unto herself
personally, at 4 Haverford Circle, Manchester, Pennsylvania 17345 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $68.44
May 31, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
ri 1-01.1n}ySuite Sheriff, Teieosofi. inc_
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerieber PETER J. MANGAN, ESQ.
Sheriff Solicitor
Reuben B Zeager Richard E Rice, it
Chief Deputy, Operations Chief Deputy, Administration
ELDERHOOD OPTION, INC., Case Number
vs.
SANDRA D. WILLIAMS (et al.) 11-3854
SHERIFF'S RETURN OF SERVICE
05/13/2011 04:56 PM - DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED
THE REQUESTED COMPLAINT IN CIVIL ACTION (CICA) BY "PERSONALLY" HANDING A TRUE
COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: BARBARA
STRATMEYER AT 4 HAVERFORD CIRCLE, MANCHESTER, PA 177345.
TERRY DRAWBAUGH, DE TY
SHERIFF COST: $33.20
May 26, 2011
SO S,
Ice, I A, -??
ICHARD P K ERLEBER, S ERIFF
-------- - ------ - ------ - ------- - -- ----- ----- ----------- ------- - ----- --------- --- ----------------
NOTARY
Affirmed and subscribed to before me this
26TH day of
MAY
2011
(c) CountySuwte Sheriff. Teleosoft, ina CITY OF YORK, YO`tK L'QLN
H ..
LISA 1. T14ORPE, N
MY COMMISSION EXPIRES AUG. 12,201
a ?
Sandra D. Williams, Executrix of the
Estate of Irene C. Peffer
9 South Humer Street
Enola, PA 17025
(717) 724-8161 MM c_ "? -
Pro Se, Defendant r r
-
Barbara D. Stratmeyer, Executrix of the C Cj
Estate of Irene C. Peffer
x_> Er a. -
4 Haverford Circle ` c
Manchester, PA 17345 71
(717) 266-3299
Pro Se, Defendant
ELDERHOOD OPTION, INC., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 11-3854 Civil Term
SANDRA D. WILLIAMS and : CIVIL ACTION - LAW
BARBARA D. STRATMEYER,
CO-EXECUTRICES OF THE ESTATE
OF IRENE C. PEFFER,
Defendants
DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT
AND NOW, this day of , 2011, comes the Defendants, Sandra D.
Williams and Barbara D. Stratmeyer, Co-Executrices of the Estate of Irene C. Peffer, Pro Se, and
files this Answer and avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part and denied in part. It is admitted that services were performed by
Diane Gibson. However, the termination date is denied.
7. It is denied that Diane Gibson provided caregiver services between March 11, 2010
and May 31, 2010, and proof thereof is therefore demanded at trial. In fact, it is averred that
caregiver services were performed by family members after Plaintiff's services were terminated.
8. Admitted.
9. Neither admitted or denied, with strict proof demanded at trial.
10. It is denied that services were performed by Diane Gibson after Plaintiffs services
were terminated, and proof thereof is therefore demanded at trial.
11. It is admitted that Defendants have failed or refused to pay to Plaintiff the alleged
contractual damages of $3,500.00. It is denied that there are any contractual damages of
$3,500.00.
WHEREFORE, Defendants respectfully request judgment be entered in their favor and
against the Plaintiff.
Respectfully submitted,
Dated: 611
Sandra D. Williams, Executrix of the
Estate of Irene C. Peffer
9 South Humer Street
Enola, PA 17025
(717) 724-8161
Pro Se
Dated: U
Barbara D. Stratmeyer, Executrix oAhe
Estate of Irene C. Peffer
4 Haverford Circle
Manchester, PA 17345
(717) 266-3299
Pro Se
VERIFICATION
WE VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING ANSWER
ARE TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE, BELIEF AND
INFORMATION. WE UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA CS §4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
Dated: 6 / q1q U //
A 41
/ 4, / , a Ulk (SEAL)
Sandra D. Williams, Executrix for the
Estate of Irene C. Peffer
nlz? n' ? (SEAL)
Barbara D. Stratmeyer, Exec rix for the
Estate of Irene C. Peffer
A
ELDERHOOD OPTION, INC., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 11-3854 Civil Term
SANDRA D. WILLIAMS and : CIVIL ACTION - LAW
BARBARA D. STRATMEYER,
CO-EXECUTRICES OF THE ESTATE
OF IRENE C. PEFFER, :
Defendants
CERTIFICATE OF SERVICE
We, Sandra D. Williams and Barbara D. Stratmeyer, hereby certify that we served a true
and correct copy of the Defendants' Answer to Plaintiff's Complaint by depositing same in the
United States Mail, , Pennsylvania, by regular first class mail, postage prepaid,
addressed as follows:
Dennis J. Shatto, Esquire
CLECKNER AND FEAREN
P. O. Box 11847
Harrisburg, PA 17108-1847
Attorney for Plaintiff
Dated: ?U /
Dated:
Sandra D. Williams, Executrix of the
Estate of Irene C. Peffer
9 South Humer Street
Enola, PA 17025
(717) 724-8161
Pro Se
?? 10,--
Barbara D. Stratmeyer, Execut of the
Estate of Irene C. Peffer
4 Haverford Circle
Manchester, PA 17345
(717) 266-3299
Pro Se
Elderhood Option, Inc.
vs Case No.
Sandra D. Williams and Barbara D. Stratmeyer, Co -Executrices
CE
.0-1A
2 7 PH 2: ( Q
UT i EttLh1 D COUNTY
1 88` 4.1A : I A
STATEMENT OF INTENTION TO PROCEED
To the Court:
Elderhood Option, Inc.
intends to proceed with the above captioned matter.
PrintName Dennis J. Shatto Sign Name
Date:
10/24/14
Attorney for
Plaintiff
IMPORTANT NOTE
In the event that this is a second or subsequent filing of a Statement of Intention to
Proceed, this matter will be referred to the President Judge for the purpose of
conducting a status conference involving all counsel. The goal of the status
conference will be to set the matter for trial or other final disposition within a time
certain. Prior to the status conference, Counsel will be expected to submit to the
court, in writing, a proposed schedule for the completion of discovery, the filing of
dispositive motions and a report as to whether alternative dispute resolution has
been used or discussed.
CERTIFICATE OF SERVICE
I, DENNIS J. SHATTO, hereby certify that on this day, I served
a true and correct copy of Statement of Intention to Proceed upon
the person(s) indicated below, by depositing same in the United
States mail, first class postage prepaid, addressed as follows:
Ms. Sandra D. Williams
9 S. Humer St.
Enola, PA 17025
Dated: October 24, 2014
Dennis J. Shatto
PA Attorney ID 25675
828 Limekiln Road
New Cumberland, PA 17070
(717)547-6384