HomeMy WebLinkAbout14-3701 Supreme Co tfofTennsylvania
`"� yOnly:
Court=of Comoro Pleas For Prothonotar Use
C7il'Coer�Sheet
s Docket No: i
Cur>Sb7eand County ) L �
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required by low or rules of court.
Commencement of Action:
S ❑ Complaint 0 Writ of Summons ❑ Petition
Transfer from Another Jurisdiction ❑ Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
AL Dillsburg Operations, LLC d/b/a Elmscroft of Dillsburg Craig Cyphers a/k/a C.Cyphers
T Dollar Amount Requested: Owithin arbitration limits
I Are money damages requested? 0 Yes El No
(check one) ❑outside arbitration limits
0
N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJAppeal? ❑ Yes [E No
A Name of Plaintiff/Appellant's Attorney: Dennis C.Vondran, Jr., Esquire
0 Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
El Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment
Motor Vehicle ❑ Debt Collection:Other ❑ Board of Elections
Nuisance ❑ Dept,of Transportation
Premises Liability ❑ Statutory Appeal:Other
S 0 Product Liability (does not include
E mass tat) ❑ Employment Dispute:
Slander/Libel/Defamation Discrimination
C ❑ Other: El Employment Dispute:Other 1 Zoning Board
,r ❑ Other:
I M Other:
O MASS TORT NURSING HOME
Asbestos
N ❑ Tobacco
Toxic Tort-DES
Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
Other: El Ejectment E] Common Law/Statutory Arbitration
B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
Ground Rent ❑ Mandamus
Landlord/Tenant Dispute 0 Non-Domestic Relations
Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial 0 Quo Warranto
Dental ❑ Partition Replevin
Legal ❑ Quiet Title ❑Other:
M. Medical ❑ Other:
❑ Other Professional:
Updated 1/1/2011
LAW OFFICE OF BRIAN SCOTT DIETRICH, P.C.
BRIAN SCOTT DIETRICH, ESQUIRE ATTORNEYS FOR PLAINTIFF
Attorney I.D. # 57174 AL Dillsburg Operations, LLC
DENNIS C. VONDRAN JR., ESQUIRE d/b/a Elmcroft of Dillsburg
Attorney I.D. # 306396
610 Sentry Parkway, Suite 200
Blue Bell, Pennsylvania 19422-0450
[T] (610) 629-6300 x 118
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION -- LAW
AL Dillsburg Operations, LLC
d/b/a Elmcroft of Dillsburg No. 03��/
153 Logan Road
Dillsburg, PA 17019
V.
�-�
,'-C 7:-
Craig Cyphers a/k/a C. Cyphers -C:- --
31 Greenmont Drive ARBITRATION CASE''' 4
Enola, PA 17025 �a
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 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 against you by the Court without further notice for any money claims
in the complaint or for any other claims 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 S
2 Liberty Avenue
Carlisle, PA 17013 Oj -� ��71.7-249-3166 "
800-990-9108
aIL4
J dU
fz-�� �o-5/6
LAW OFFICE OF BRIAN SCOTT DIETRICH, P.C.
BRIAN SCOTT DIETRICH, ESQUIRE ATTORNEYS FOR PLAINTIFF
Attorney I.D. # 57174 AL Dillsburg Operations, LLC
DENNIS C. VONDRAN JR., ESQUIRE d/b/a Elmcroft of Dillsburg
Attorney I.D. # 306396
610 Sentry Parkway, Suite 200
Blue Bell, Pennsylvania 19422-0450
[T] (610) 629-6300 x 118
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
AL Dillsburg Operations,LLC
d/b/a Elmcroft of Dillsburg No.
153 Logan Road
Dillsburg, PA 17019
V.
Craig Cyphers a/k/a C. Cyphers
31 Greenmont Drive ARBITRATION CASE
Enola, PA 17025
AND NOW,comes Plaintiff,AL Dillsburg Operations,LLC d/b/a Elmcroft of Dillsburg,by and
through its attorneys,LAW OFFICE OF BRIAN SCOTT DIETRICH,P.C.,to request relief before this
Honorable Court and, in support thereof, avers as follows:
COMPLAINT
1. Plaintiff,AL Dillsburg Operations,LLC d/b/a Elmcroft of Dillsburg(hereinafter referred
to as "Plaintiff'), is a corporation doing business as a Personal Care Home facility at 153 Logan Road,
Dillsburg, PA 17019.
2. Defendant,Craig Cyphers a/k/a C. Cyphers(hereinafter referred to as"Craig Cyphers"),
is an adult individual with an address of 31 Greenmont Drive, Enola, PA 17025.
3. On information and belief, Craig Cyphers is the son of the late Jean Cyphers.
4. Jurisdiction in this case is proper in the Court of Common Pleas of Cumberland County,
Pennsylvania.
5. Jean Cyphers was admitted to Plaintiff's facility on January 17, 2012.
6. On or about December 15, 2012, Jean Cyphers was discharged from Plaintiff's facility.
7. Jean Cyphers received necessary services from Plaintiff.
8. Jean Cyphers incurred necessary service expenses at Plaintiff's facility.
9. The necessary services rendered to Jean Cyphers met all reasonable standards of care for
the type and quality of services.
10. Plaintiff's charges are usual, customary, and normal industry amounts for necessary
services of this type and quality.
11. On February 20,2013,the Plaintiff entered into a Settlement Agreement and Release of
Claims with Jean Cyphers and Craig Cyphers in which Craig Cyphers promised to make monthly
payments of$2,000.00 until the entire balance owed to Plaintiff was paid. A true and correct copy of
the Settlement Agreement and Release of Claims dated February 20,2013 is attached hereto,made a part
hereof, and marked Exhibit A.
12. On or about October 3, 2013, the Plaintiff entered into a revised Settlement Agreement
and Release of Claims with Jean Cyphers and Craig Cyphers in which Craig Cyphers promised to make
monthly payments of$500.00 until the entire balance owed to Plaintiff was paid. A true and correct
copy of the Settlement Agreement and Release of Claims dated October 3,2013 is attached hereto,made
a part hereof, and marked Exhibit B.
13. Craig Cyphers failed and/or refused to pay the monthly payment of$500 in accordance
with the Settlement Agreement and Release of Claims dated October 3, 2013.
14. Due to Defendants'refusal to remit payment in full each month for the necessary services
rendered by Plaintiff, the account is in arrears.
15. On April 22, 2014, Plaintiff notified Craig Cyphers that the Settlement Agreement and
Release of Claims dated October 3, 2013 was in default.
16. The amount owed Plaintiff for the necessary services provided to Jean Cyphers is as
follows:
(a) Principal $36,000.00
(b) Interest $ 4,793.72
(c) Costs $ 203.75
(d) Attorney's Fees $ 7,200.00
(e) Sub-total............................................. $48,197.47
17. The Settlement Agreement and Release of Claims dated October 3, 2013 permits
Plaintiff to claim and receive interest at the rate of 18%per annum, costs and attorney's fees.
., 18. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (1977),
Defendant(s)may dispute the validity of the debt or any portion thereof. If Defendant(s)dispute the debt
in writing,within thirty(30)days of receipt of this pleading,counsel for Plaintiff will obtain and provide
Defendant(s) with written verification thereof, otherwise, the debt will be assumed to be valid.
Likewise, if requested within thirty(30) days of receipt of this pleading, counsel for Plaintiff will send
Defendant(s)the name and address of the original creditor,if different from above. Defendant must file
a written response with the court to avoid the entry of a default judgment in this case. Defendant should
take this paper to an attorney or contact the lawyer referral service printed on the Notice to Defend.
a. This communication is from a debt collector.
b. This is an attempt to collect a debt and any information obtained will be used for
that purpose.
C. Unless you dispute the validity of this debt, or any portion thereof, within thirty
(30) days after receipt of this notice,the debt will be assumed to be valid by the
Plaintiff and Plaintiff's agents, attorneys and employs.
d. If you notify the Plaintiff's attorney, in writing, within thirty (30) days of the
receipt of this notice, that the debt, or any portion thereof, is disputed, the
Plaintiff will provide you verification of the debt or a copy of evidence of the
debt and, a copy of such certification will be mailed to you by the Plaintiff.
COUNT I
ELMCROFT OF DILLSBURG v. CRAIG CYPHERS
BREACH OF CONTRACT
19. Plaintiff incorporates by reference paragraphs 1 through 18 herein as if set forth in full.
20. This cause of action is based upon a Contract(the Settlement Agreement and Release of
Claims dated October 3, 2013), the terms of which are incorporated herein by reference.
21. Pursuant to the Settlement Agreement and Release of Claims dated October 3, 2013,
Plaintiff agreed to accept monthly payments of$500 until the entire balance owed to Plaintiff was paid.
See Exhibit B.
22. Craig Cyphers failed and/or refused to pay the full monthly payment of $500 in
accordance with the Settlement Agreement and Release of Claims dated October 3, 2013.
23. Due to Craig Cyphers refusal to remit payment in full each month for the necessary
services rendered by Plaintiff, the account is in arrears.
24. Craig Cyphers breached the Settlement Agreement and Release of Claims dated October
3, 2013 with the Plaintiff.
25. Plaintiff has been damaged by Craig Cyphers breach of Contract.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order as
follows:
(a) Granting judgment for Plaintiff and against Defendant, Craig Cyphers in the amount of
$48,197.47.
(b) Granting Plaintiff its expenses,including reasonable attorney fees,incurred in connection
with this action; and,
(c) Granting such other relief as the Court deems appropriate.
Respectfully Submitted,
LAW OFFICE OF BRIAN SCOTT DIETRICH, P.C.
Date: / /2014 V
BRIAN SCOTT DIETRICH, ESQUIRE
DENNIS C. VONDRAN JR., ESQUIRE
Attorneys for Plaintiff
AL Dillsburg Operations, LLC
d/b/a Elmcroft of Dillsburg
Exhibit A
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
THIS,SETTLEMENT AGREEMENT is entered into by and among the following:
[A] Jean Cyphers and Craig Cyphers(hereinafter,individually and/or collectively,
if more then one person, referred to as "Debtor"), and,
[B] AL Dillsburg Operations,LLC d/b/a Elmcroft ofDillsburg(hereinafter referred
to as "Creditor"),
in settlement of Creditor's claim(s) against Debtor, and Debtor's claim(s), if any, against
Creditor.
WHEREAS, Creditor provided necessary services during the time period January 17,
2012 through and including December 15, 2012 (hereinafter referred to as the "Service
Period")to Jean Cyphers (hereinafter referred to as the"Resident").
WHEREAS, Creditor and Debtor wish to compromise,resolve and settle, all claims
related to the necessary services provided to the Resident during the Service.Period.
For and in consideration-of the following and in consideration of the mutualreleases
and agreements contained'in this document, Creditor and Debtor agree as follows:
[1] Debtor agrees to pay Creditor the sum of$38,000.00 as follows:
[A] Debtor to pay Creditor nineteen payments of$2,000.00 due on or before the
end of each month starting on February 28, 2013; and
[B] All checks to be made payable to "Law Office of Brian Scott Dietrich P.C. -
ClientAccount" and mailed to the Law Office of Brian Scott Dietrich,P.C,
Post Office Box 1627, Blue Bell, PA 19422- 0450.
[2] Debtor may pre-pay the claim balance at any time without penalty. Debtor shall be
charged for each Returned Checks,Insufficient Funds, and/or Failure ofAvailable
Credit, a processing charge of$35 plus any fees assessed by a batik or other financial
INITIALS OF,THE PARTIES.
PAGE I OF 4
CREDftR SETTLEMENT.&RELEASES DES7rOR{S}
ELMDILLS-Cyphers(LOBSDPC 1111574)
entity for each occurrence.
[3] Debtor releases and forever discharges Creditor, its successors, assigns, agents,
administrators,employees, and attorneys, of and from any and all manner of actions
and causes of action,suits,debts,dues,accounts,covenants,agreements,judgments,
claims and demands in law or equity,known or unknown,and including those which
were or could have been asserted in the litigation,or which Debtor ever had,now has,
or ever will have against Creditor for the necessary services rendered to the Resident
during the Service Period.
[4] Creditor releases and forever discharges Debtor,their heirs,executors,administrators,
assigns, agents, and attorneys, of and fiom any and all manner of actions and causes
of action,suits, debts, dues,accounts,covenants, agreements,judgments,claims and
demands in law or equity, known or unknown, and including those which were or
could have been asserted in the litigation, or which Creditor ever had, now has, or
ever will have against Debtor for the necessary services rendered to the Resident
during the Service Period upon completion of the payment schedule contained in
Section [1].
[5] Creditor and Debtor agree that they neither admit nor deny liability of any sort with
respect to the claims and/or counter-claims made in this dispute. This settlement
agreement and mutual releases are made as a compromise of the disputed claims
between Creditor and Debtor to avoid further expense and to terminate all
controversy among the parties.
[6] Upon the failure of Debtor to make any payments as scheduled in Section [1] of this
Settlement Agreement and Release -of Claims, Debtor will have breached this
Settlement Agreement and Release of Claims. Upon breach of this Settlement
Agreement and Release of Claims, Creditor will send the Debtor a letter via United
States Postal Service First Class Mail at the last known address of the Debtor giving
thirty(3 0)days to bring the payments under this Settlement Agreement and Release
of Claims up to date. If the Debtor fails and/or refuses to bring this Settlement
Agreement and Release of Claims up to date, the Debtor will be in default of this
Settlement Agreement and Release of Claims.
INITIALS OF THE PARTIES
PAGE 2 OF 4
CREDI O SETTLEMENT&RELEASES DEBTORS)
ELMDILLS-Cyphers(LOBSDPC#11574)
t
[7] DEFAULT - UPON A DEFAULT OF THIS SETTLEMENT AGREEMENT AND
RELEASE OF CLAIMS, CREDITOR IS PERMITTED TO FILE SUIT AGAINST
DEBTORFORTHE ENTIRE OUTSTANDING BALANCE OWED TO CREDITOR
UNDER THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS,PLUS
INTEREST AT THE RATE OF EIGHTEEN PERCENT (18%) PER ANNUM,
COURT COSTS AND ATTORNEY'S FEES. THE STATUTE OF LIMITATIONS
FOR THE OUTSTANDING DEBT IS HEREBY TOLLED DURING THE
PENDENCY OF THIS SETTLEMENT AGREEMENT AND RELEASE OF
CLAIMS.
[8] It is further understood and agreed, that this is the complete agreement between
- Creditor and Debtor and that there are no written and/or oral understandings and/or
agreements, directly or indirectly, connected with this agreement that are not
incorporated in to this agreement
[9] Creditor and Debtor declare that they have read and fully understand the terms of this
agreement,and they voluntarily accept the same for the purpose of making a full and
final compromise, adjustment, and settlement of any and all claims by Creditor
against Debtor, and all counter-claims by Debtor against Creditor, if any, related to
the necessary services rendered to the Resident during the Service period and,for the
express purpose of precluding forever or additional suits arising out of the subject
matter of the litigation. Creditor and Debtor acknowledge their right to independent
legal counsel and have either exercised said right prior to signing this agreement or
waive said right, if not exercised prior to signing this agreement. Debtor
acknowledges receipt of the Fair Debt Collection Procedures Act notice.
[10] This Settlement -Agreement- and Mutual Release of Claims may be signed in
counterparts by the parties and, each counterpart shall be enforceable against the
party signing the same. A electronic and/or facsimile copy shall be admissible as if
an original document.
[11] This Settlement Agreement and Mutual Release of Claims is settlement negotiations
between the parties,and,as such,shall be inadmissable in any subsequent proceeding
for any purpose unless signed by both parties as a means of reducing the claim by
Creditor against debtor.
hV177ALS OF THE PARTIES
PAGE 3 OF 4
cREbffOR SETTLEMENT&RELEASES DE
ELMDILLS-Ciphers(LOBSDPC#11574)
IN WITNESS WHEREOF, the undersigned have authorized, consented and,
under seal, agreed to the above settlement and releases in the full and final satisfaction
of the claims and disputes in this matter on the date indicated below.
Date: a l a6 /2013
Jean Cyp ers, by and through Power-
of-Attorney Agent Craig Cyphers
(Debtor)
Date: /a /2013 --
Craig Cyphers
(Debtor)
Date: / /2013 � Jj
Authorized Representative for
Creditor
C INITIALS OI*' THS PARTIES
PAGE 4 OF 4
CRED OR SETTLEMENT&RELEASES TORS)
ELMDILLS-Cyphers(LOBSDPC#1 i 574)
Exhibit B
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
THIS SETTLEMENT AGREEMENT is entered into by and among the following:
[A] Jean Cyphers and Craig Cyphers(hereinafter,individually and/or collectively,
if more then one person, referred to as "Debtor"), and,
[B] ALDillsburgOperations,LLC d/b/a Elmcroft ofDillsburg(hereinafter referred
to as "Creditor"),
in settlement of Creditor's claim(s) against Debtor, and Debtor's claim(s), if any, against
Creditor.
WHEREAS, Creditor provided necessary services during the time period January 17,
2012 through and including December 15, 2012 (hereinafter referred to as the "Service
Period") to Jean Cyphers (hereinafter referred to as the "Resident").
WHEREAS, Creditor and Debtor wish to compromise,resolve and settle, all claims
related to the necessary services provided to the Resident during the Service Period.
WHEREAS,Creditor and Debtor previously entered into a Settlement Agreement and
Release of Claims dated February 26,2013 from which Creditor and Debtor wish to amend.
For and in consideration of the following and in consideration of the mutual releases
and agreements contained in this document, Creditor and Debtor agree as follows:
[1] Debtor agrees to pay Creditor the sum of$36,000.00 as follows:
[A] Debtor to pay Creditor monthly payments in the minimum amount of$500.00
due on or before the end of each month starting on September 30, 2013; and
[B] Debtor agrees to pay interest on the outstanding balance at a rate of six percent
per annum(6%)with the accrual of interest beginning on September 15, 2013
[C] All checks to be made payable to "Lary Office of Brian Scott Dietrich P.C. -
INITIALS OF THE PARTIES
PAGE I OF 4
CA-EDITOR SE'T T.EMENT&RELEASES DEBTOR(S)
ELMDILIS-Cyphers(LOBSDPC Nl 1574)
Cllent,4ccount" and mailed to the Law Office of Brian Scott Dietrich, P.C.,
Post Office Box 1627, Blue Bell, PSI 19422 - 0450.
[2] Debtor may pre-pay the claim balance at any time without penalty. Debtor shall be
charged for each Returned Checks,Insufficient and/or Failure of Available
Credit, a processing charge of$35 plus any fees assessed by a bank or other financial
entity for each occurrence.
[3] Debtor releases and forever discharges Creditor, its successors, assigns, agents,
administrators, employees, and attorneys, of and from any and all manner of actions
and causes of action,suits,debts, dues,accounts,covenants, agreements,judgments,
claims-and demands in law or equity,known or unknown,and including those which
were or could have been asserted in the litigation,or which Debtor ever had,now has,
or ever will have against Creditor for the necessary services rendered to the Resident
during the Service Period.
[4] Creditor releases and forever discharges Debtor,their heirs,executors,administrators,
assigns, agents, and attorneys, of and from any and all manner of actions and causes
of action, suits, debts,dues, accounts,covenants, agreements,judgments,claims and
demands in law or equity, known or unknown, and including those which were or
could have been asserted in the litigation, or which Creditor ever had, now has, or
ever will have against Debtor for the necessary services rendered to the Resident
during the Service Period upon completion of the payment schedule contained in
Section [1].
[5] Creditor and Debtor agree that they neither admit nor deny liability of any sort with
respect to the claims and/or counter-claims made in this dispute. This settlement
agreement and mutual releases are made as a compromise of the disputed claims
between Creditor and Debtor to avoid further expense and to terminate all
controversy among the parties.
[6] Upon the failure of Debtor to make any payments as scheduled in Section [1] of this
Settlement Agreement and Release of Claims, Debtor will have breached this
Settlement Agreement and Release of Claims. Upon breach of this Settlement
Agreement and Release of Claims, Creditor will send the Debtor a letter via United
INITIALS OF THE, PARTIM
PAGE 2 Or 4
CREDITO SETTLEMENT&RELEASES DEBTOR(S)
ELMDILLS-Cyphers(LOBSDPC#11574)
States Postal Service First Class Mail at the last known address of the Debtor giving
thirty(30) days to bring the payments under this Settlement Agreement and Release
of Claims up to date. If the Debtor fails and/or refuses to bring this Settlement
Agreement and Release of Claims up to date, the Debtor will be in default of this
Settlement Agreement and Release of Claims.
[7] DEFAULT - UPON A DEFAULT OF THIS SETTLEMENT AGREEMENT AND
RELEASE OF CLAIMS, CREDITOR IS PERMITTED TO FILE SUIT AGAINST
DEBTOR FOR THE ENTIRE OUTSTANDING BALANCE OWED TO CREDITOR
UNDER THIS SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS,PLUS
INTEREST AT THE RATE OF EIGHTEEN PERCENT (18%) PER ANNUM,
COURT COSTS AND ATTORNEY'S FEES. THE STATUTE OF LIMITATIONS
FOR THE OUTSTANDING DEBT IS HEREBY TOLLED DURING THE
PENDENCY OF THIS SETTLEMENT AGREEMENT AND RELEASE OF
CLAIMS.
[8] It is further understood and agreed, that this is the complete agreement between
Creditor and Debtor and that there are no written and/or oral understandings and/or
agreements, directly or indirectly, connected with this agreement that are not
incorporated in to this agreement
[9] Creditor and Debtor declare that they have read and fully understand the terms of this
agreement, and they voluntarily accept the same for the purpose of making a full and
final compromise, adjustment, and settlement of any and all claims by Creditor
against Debtor, and all counter-claims by Debtor against Creditor, if any, related to
the necessary services rendered to the Resident during the Service period and,for the
express purpose of precluding forever or additional suits arising out of the subject
matter of the litigation. Creditor and Debtor acknowledge their right to independent
legal counsel and have either exercised said right prior to signing this agreement or
waive said right, if not exercised prior to signing this agreement. Debtor
acknowledges receipt of the Fair Debt Collection Procedures Act notice.
[10] This Settlement Agreement and Mutual Release of Claims may be signed in
counterparts by the parties and, each counterpart shall be enforceable against the
party signing the same. A electronic and/or facsimile copy shall be admissible as if
INITIALS OF THE PART=
aln PAGE 3 OF 4
CI ED"POR SETrLFMENT&RELEASES DFBTOR(S)
ELINMILLS-Cyphers(LOBSDPC#11574)
an original document.
[11] This Settlement Agreement and Mutual Release of Claims is settlement negotiations
between the parties,and,as such,shall be inadmissable in any subsequent proceeding
for any purpose unless signed by both parties as a means of reducing the claim by
Creditor against debtor.
IN WITNESS WHEREOF, the undersigned have authorized, consented and,
under seal, agreed to the above settlement and releases in the full and final satisfaction
of the claims and disputes in this matter on the date indicated below.
Date: r / 3 /2013
Jean Oyph0s, by and through
Authorized Representative Craig
Cyphers
(Debtor)
Date: I u/_-/2013
Craig yphers
(Debtor)
Date: J D/A8 /2013
Authorized Representative for
Creditor
INITIALS OF THE PARTIES
PAGE. 4 OF 4
CREDITOR SETTLEMENT&RELEASES DEBTOR(S)
ELMDILLS-Cyphers(LOBSDPC N 11574)
LAW OFFICE OF BRIAN SCOTT DIETRICH,P.C.
BRIAN SCOTT DIETRICH,ESQUIRE ATTORNEYS FOR PLAINTIFF
Attorney I.D. # 57174 AL Dillsburg Operations, LLC
DENNIS C.VONDRAN JR.,ESQUIRE d/b/a Elmcroft of Dillsburg
Attorney I.D. # 306396
610 Sentry Parkway, Suite 200
Blue Bell, Pennsylvania 19422-0450
[T] (610) 629-6300
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION--LAW
AL Dillsburg Operations,LLC
d/b/a Elmcroft of Dillsburg No.
V.
Craig Cyphers a/k/a C. Cyphers ARBITRATION CASE
VERIFICATION
I, Debra Vance, a representative of Elmcroft of Dillsburg, hereby state I am authorized to
execute this Verification on behalf of the Plaintiff above named, and the statements made in the
foregoing Amended Complaint are true and correct to the best of my knowledge,information and belief.
I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Date: LP / /J /2014 e9 "4:z
—
Debra Vance
Representative of Elmcroft of Dillsburg
Plaintiff
Page 1 of 1
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith ' ""127
Chief Deputy `{ `+ E
Richard W Stewart �_`r+_i jl,'
Solicitor E ;�a P, t=� :rr N L ;' ri r',
AL Dillsburg Operations, LLC d/b/a Elmcroft of Dillsburg Case Number
vs.
Craig Cyphers 2014-3701
SHERIFF'S RETURN OF SERVICE
06/23/2014 04:28 PM- Deputy Noah Cline, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Craig Cyphers at 31 Greenmont Drive, East Pennsboro, Enola, PA 17025.
NOAH CONE, DEPUTY
SHERIFF COST: $44.95 SO ANSWERS,
June 25, 2014 RbNW R ANDERSON, SHERIFF
u Shod croso�, irrc_
LAW OFFICE OF BRIAN SCOTT DIETRICH, P.C.
BRIAN SCOTT DIETRICH, ESQUIRE
Attorney I.D. # 57174
DENNIS C. VONDRAN JR., ESQUIRE
Attorney I.D. # 306396
610 Sentry Parkway, Suite 200
Blue Bell, Pennsylvania 19422-0450
[T] (610) 629-6300 x 118
ATTORNEYS FOR PLAINTIFF
AL Dillsburg Operations, LLC
d/b/a Elmcroft of Dillsburg
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
AL Dillsburg Operations, LLC
d/b/a Elmcroft of Dillsburg
v.
Craig Cyphers a/k/a C. Cyphers
•
•
No. 14-3701
ARBITRATION CASE
PRAECIPE FOR JUDGMENT
Enter Judgment in favor of Plaintiff and against Defendant, Craig Cyphers a/k/a C. Cyphers,
for want of an Answer.
Principal $36,000.00 C) ,. 1
Interest $ 4,793.72 r n cri c----7-
:z r -n (- r n 7,
(J7 f' N f`-7
Costs $ 203.75 -< co c) ``
<7Z -r)
Attorney's Fees $ 7,200.00 Hca ,-
y, --? f-1--
TOTAL $ 48,197.47 .� ``i'
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM
CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party
against whom judgment is to be entered and to his attorney of record, if any, after the default occurred
Page 1 of 2 au{ 11,1(.0.T
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and at least ten days prior to the date of the filing of this praecipe. A copy of the notice is attached.
Pa.R.C.P. 237.1
Date: 07/25/2014
DENNIS C. VONDRAN, JR., ESQUIRE
Attorney for Plaintiff
This N day of , 2014, judgment is entered in favor of Plaintiff,
AL Dillsburg Operations, LLC d/b/a Elmcroft of Dillsburg, and against defendant, Craig Cyphers
a/k/a C. Cyphers, by default for want of an answer and damages assessed at the sum of $48,197.47
as per the above certification.
PROTHONOTARY
Page 2 of 2
LAW OFFICE OF BRIAN SCOTT DIETRICH, P.C.
BRIAN SCOTT DIETRICH, ESQUIRE ATTORNEYS FOR PLAINTIFF
Attorney I.D. # 57174 AL Dillsburg Operations, LLC
DENNIS C. VONDRAN JR., ESQUIRE d/b/a Elmcroft of Dillsburg
Attorney I.D. # 306396
610 Sentry Parkway, Suite 200
Blue Bell, Pennsylvania 19422-0450
[T] (610) 629-6300 x 118
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
AL Dillsburg Operations, LLC
d/b/a Elmcroft of Dillsburg
v.
Craig Cyphers a/k/a C. Cyphers
•
No. 14-371
•
ARBITRATION CASE
AFFIDAVIT OF NON-MILITARY SERVICE
I, Dennis C. Vondran, Jr., Esquire, hereby state the following:
1. I am authorized on behalf of the Plaintiff, AL Dillsburg Operations, LLC d/b/a Elmcroft
of Dillsburg, to execute this Affidavit of Non-military Service;
2. Plaintiff believes, and therefore avers, that the Defendant, Craig Cyphers a/k/a C. Cyphers,
is of adult years over the age of majority;
3. Plaintiff believes, and therefore avers, that the Defendant resides at 31 Greenmont Drive,
Enola, PA 17025;
4. Plaintiff believes, and therefore avers, that the Defendant is not in the military or naval
services of the United States or its allies, or is otherwise within the provisions of the Soldiers and Sailors
Civil Relief Act of Congress of 1940 and its amendments.
Date: 07/25/2014
DENNIS C. VONDRAN, JR., ESQUIRE
Attorney for Plaintiff
Page 1 of 1
LAW OFFICE OF BRIAN SCOTT DIETRICH, P.C.
BRIAN SCOTT DIETRICH, ESQUIRE ATTORNEYS FOR PLAINTIFF
Attorney I.D. # 57174 AL Dillsburg Operations, LLC
DENNIS C. VONDRAN JR., ESQUIRE d/b/a Elmcroft of Dillsburg
Attorney I.D. # 306396
610 Sentry Parkway, Suite 200
Blue Bell, Pennsylvania 19422-0450
[T] (610) 629-6300 x 118
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
AL Dillsburg Operations, LLC
d/b/a Elmcroft of Dillsburg
v.
Craig Cyphers a/k/a C. Cyphers
TO THE PROTHONOTARY:
Plaintiffs Address is:
•
•
No. 14-371
ARBITRATION CASE
CERTIFICATION OF ADDRESS
Elmcroft of Dillsburg
c/o Law Office of Brian Scott Dietrich
610 Sentry Parkway, Suite 200
Blue Bell, PA 19422
Defendant's Address is:
Craig Cyphers
31 Greenmont Drive
Enola, PA 17025
Date: 07/25/2014
DENNIS C. VONDRAN, JR., ESQUIRE
Attorney for Plaintiff
Page 1 of 1
LAW OFFICE OF BRIAN SCOTT DIETRICH, P.C.
BRIAN SCOTT DIETRICH, ESQUIRE ATTORNEYS FOR PLAINTIFF
Attorney I.D. # 57174 AL Dillsburg Operations, LLC
DENNIS C. VONDRAN JR., ESQUIRE d/b/a Elmcroft of Dillsburg
Attorney I.D. # 306396
610 Sentry Parkway, Suite 200
Blue Bell, Pennsylvania 19422-0450
[1] (610) 629-6300 x 118
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
AL Dillsburg Operations, LLC
d/b/a Elmcroft of Dillsburg
v.
Craig Cyphers a/k/a C. Cyphers
No. 14-371
ARBITRATION CASE
CERTIFICATION OF SERVICE
I, Dennis C. Vondran Jr., Esquire, hereby certify a true and correct copy of the Notice of
Praecipe to Enter Judgment by Default and accompanying cover letter were served upon the following
individual(s) by United States Postal Service, First Class, postage pre -paid, addressed as follows:
Date: 07/25/2014
Craig Cyphers
31 Greenmont Drive
Enola, PA 17025
C ciA/
DENNIS C. VONDRAN, JR., ESQUIRE
Attorney for Plaintiff
Page 1 of 1
LAW OFFICE OF BRIAN SCOTT DIETRICH, P.C.
BRIAN SCOTT DIETRICH, ESQUIRE
Attorney I.D. # 57174
DENNIS C. VONDRAN JR., ESQUIRE
Attorney I.D. # 306396
610 Sentry Parkway, Suite 200
Blue Bell, Pennsylvania 19422-0450
[T] (610) 629-6300 x 118
ATTORNEYS FOR PLAINTIFF
AL Dillsburg Operations, LLC
d/b/a Elmcroft of Dillsburg
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
AL Dillsburg Operations, LLC .
d/b/a Elmcroft of Dillsburg No. 14 - 3701
v.
Craig Cyphers a/k/a C. Cyphers ARBITRATION CASE
WRITTEN NOTICE OF INTENTION TO FILE PRAECIPE FOR
ENTRY OF DEFAULT JUDGMENT
TO: Craig Cyphers a/k/a C. Cyphers
31 Greenmont Drive
Enola, PA 17025
DATE OF NOTICE: July 14, 2014
IMPORTANT NOTICE
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
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:
DATE: July 14, 2014
LAWYER REFERENCE SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990,9108
v4 /'
DENNIS C. VONDRAN, JR., ESQUIRE
Attorneys for Plaintiff
Page 1 of 1
LAW OFFICE OF BRIAN SCOTT DIETRICH
Brian Scott Dietrich
Regina B. Diamond
Dennis C. Vondran, Jr.
of Counsel
Michael F. Wenke
Mr. Craig Cyphers
31 Greenmont Drive
Enola, PA 17025
IIIIIIIII,IIIII,IIIIIIIIIIIIIIII
A PROFESSIONAL CORPORATION
Post Office Box 1627
Blue Bell, Pennsylvania
19422-0450
July 14, 2014
Telephone (610) 629-6307
Facsimile (610) 629-6301
RE: AL Dillsburg Operations, LLC d/b/a Elmcroft of Dillsburg v. Craig Cyphers
a/k/a C. Cyphers
Court of Common Pleas of Cumberland County, Docket No. 14-3701
LOBSDPC File No.: 11575
Dear Mr. Cyphers:
I represent AL Dillsburg Operations, LLC d/b/a Elmcroft of Dillsburg in the above -
referenced litigation matter.
Enclosed please find a Written Notice of Intention to File Praecipe for Entry of Default
Judgment. Please read this notice carefully.
This communication is given to you in conformity with the Fair Debt Collection Practices
Act, as amended. This letter is an attempt to collect a debt, and any information obtained will be
used for that purpose.
Please contact the undersigned to make payment arrangements in this case.
Very my yours,
Very
C c/44
DENNIS C. VONDRAN, JR.
DCV: amo
Enc. 10 Day Notice
LAW OFFICE OF BRIAN SCOTT DIETRICH, P.C.
BRIAN SCOTT DIETRICH, ESQUIRE ATTORNEYS FOR PLAINTIFF
Attorney I.D. # 57174 AL Dillsburg Operations, LLC
DENNIS C. VONDRAN JR., ESQUIRE d/b/a Elmcroft of Dillsburg
Attorney I.D. # 306396
610 Sentry Parkway, Suite 200
Blue Bell, Pennsylvania 19422-0450
[T] (610) 629-6300 x 118
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -- LAW
AL Dillsburg Operations, LLC
d/b/a Elmcroft of Dillsburg
v.
Craig Cyphers a/k/a C. Cyphers
•
•
No. 14-370
ARBITRATION CASE
Notice 236
Notice is given that a judgment in the above -captioned matter has been entered against Defendant,
Craig Cyphers a/k/a C. Cyphers.
DATE: 7 / �2-8 /2014
Prothonotary
If you have any questions concerning the above, please contact:
Law Office of Brian Scott Dietrich, P.C.
610 Sentry Parkway, Suite 200
Blue Bell, PA 19422-0450
610-629-6300
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