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HomeMy WebLinkAbout14-7321 4 Supreme Cou nnsylvania Cour, Mdf im0 leas For Prothonotary Use Only: C it CbeSh t Docket No: Cu. �lan ` �° County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S M Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Larry Vereen Kay, LLC d/b/a Home Instead Senior Care T Dollar Amount Requested: ❑within arbitration limits I Are money damages requested? El Yes ❑ No (check one) ❑x outside arbitration limits O N Is this a Class Action Suit? ❑Yes El No Is this an MDJAppeal? ❑ Yes rxl No A Name of Plaintiff/Appellant's Attorney: Andrew R. Spirt, Esquire ❑ Check here if you have no attorney(are a Self-Represented [Pro Se] 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment rxJ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) © Employment Dispute: Slander/Libel/Defamation Discrimination ❑ C ❑ Other: © Employment Dispute: Other ❑ Zoning Board El ,I, I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: © Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ©Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental © Partition ❑Replevin Legal ❑ Quiet Title ❑Other: ❑ Medical ❑Other: ❑ Other Professional: Updated 1!1/2011 GOLOMB & HONIK BY: ANDREW R. SPIRT, ESQUIRE 71.4 D-P Identification No.: 7551.82 Attorney for Plaintiffs " 'i' OLNTY 1515 Market Street JK9Ef%'UilD f DIR _,y A Suite I 100 L Philadelphia, PA 19102 (215) 98579177 LARRY VEREEN and COURT OF COMMON PLEAS DIANA VEREEN, h/w OF CUMBERLAND COUNTY 913 Gobin Drive Carlisle, PA 17013 VS. C.t KAY, LLC d/b/a HOME INSTEAD NO: SENIOR CARE 5002 Lenker Street Suite 101 Mechanicsburg, PA 17050 and LORI CLOUSE 15 Garden Parkway Carlisle, PA 17013 CIVIL ACTION COMPLAINT NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth Le han demandado a usted en[a cone. Si usted quicre defenderse de estas in the following pages,you must take action within twenty(20)days after this complaint and demandas expuestas on]as paginas siguientes,usted tiene veinte(20)dias de plazo al partir de notice are served,by entering a written appearance personally or by attorney and filing in In fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en writing with the court your defenses or objections to the claims set forth against you. You are persona o con un abogado y entregar a la torte en forma escrita sus defensas o sus objeciones a warned that if you fail to do so the case may proceed without you and a judgment may be las demandas en contra de so persona. Sea avisado que si usted no se defiende,la torte tomara entered against you by the court complaint or for any other claim or relief requested by the medidas y puede continuar la demanda en contra soya sin previo aviso o nofificacion. plaintiff. You may lose money or property or other rights important to you. Ademas,]a cone puede decidir a favor del demandante y requiere quo usted cumpla con todas ]as provisi6nes de esta demanda. Usted puede perder dinero o sus propiedades y otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER.TO YOUR LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATANIENTE, SI NO TIENE YOU CAN GET LEGAL HELP ABOGADO 0 S1 NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE Cumberland County Bar Association CONSEGUIR ASISTENCIA LEGAL. 32 South Bedford Street Carlisle,PA 17013 Cumberland County Bar Association (800)990-9108 32 South Bedford Street (717)249-3166 Carlisle,PA 17013 (800).990-9108 (717)249-3166 GOLOMB & HONIK BY: ANDREW,R. SPIRT, ESQUIRE Identification No.: 75582 Attorney for Plaintiff 1515 Market Street Suite 1100 Philadelphia, PA 19102 (215) 985-9177 LARRY VEREEN and COURT OF COMMON PLEAS DIANA VEREEN, h/w OF CUMBERLAND.COUNTY 913 Gobin Drive Carlisle, PA 17013 VS. KAY, LLC d/b/a HOME INSTEAD NO: SENIOR CARE 5002 Lenker Street Suite 101 Mechanicsburg, PA 17050 and LORI CLOUSE 15 Garden Parkway Carlisle, PA 17013 CIVIL ACTION COMPLAINT Plaintiffs, Larry Vereen and Diana Vereen, by and through their attorneys, by way of Complaint against the Defendants, hereby asserts as follows: PARTIES 1. Plaintiffs, Larry Vereen and Diana Vereen, are adult individuals residing at the above address as husband and wife: 2. Defendant, Kay, LLC d/b/a Home Instead Senior Care, (hereinafter"Kay") is a limited partnership, corporation or other legal entity with a registered office and/or principal place of business at the above address. 3. Defendant, Lori Clouse, is an adult individual residing at the above address. 4. At all times material hereto, Defendant, Lori Clouse, was acting or not properly acting, as an agent, servant, employee, contractor and/or representative of Defendant, Kay, in the course and scope of her employment. 5. Plaintiffs are entitled to full tort rights as set forth in the Amended Motor Vehicle Financial Responsibility Act. FACTS 6. Plaintiff, Larry Vereen, is a 66 year old male who suffers from multiple sclerosis and is wheelchair bound as a result of the disease. 7. Defendant, Kay, is a franchise office of Home Instead Senior Care, operating in Cumberland and Perry Counties and offering a wide variety of senior home care services, resources and support. They include, among other things, personal services such as help with grooming and dressing, and transportation services. 8. On or about December 31, 2013, Plaintiff, Larry Vereen, entered into a contract with Defendant, Kay, to provide assistance with bathing, dressing and transportation to and from his home and place of employment. (A true and correct copy of the contract is attached hereto as Exhibit"A"). 9. On or about February 20, 2014, Defendant, Lori Clouse, in the course and scope of her employment with Defendant, Kay, was responsible for safely and properly transporting Plaintiff, Larry Vereen, from his home to his place of employment in Mr. Vereen's van. 10. Defendant, Lori Clouse, assisted Mr. Vereen into his vehicle, but failed to properly secure his wheelchair. 11. On or about February 20, 2014, Defendant, Lori Clouse, was operating Plaintiff, Larry Vereen's vehicle at or near 1149 Harrisburg Pike in the City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania when she lost control and suddenly applied the vehicle's brakes and swerved to avoid another vehicle due to her failure to pay attention. 12. As a direct and proximate result of losing control of the vehicle and failing to properly restrain Plaintiff, Larry Vereen's wheelchair and/or his person, the wheelchair slid inside the van causing Mr. Vereen to be thrown to the floor and resulting in serious injuries and damages set forth in detail hereinafter. 11 As a result of the aforesaid accident, Plaintiff, Larry Vereen, suffered severe, permanent and debilitating injuries set forth in detail hereafter. COUNT PLAINTIFFS V. DEFENDANT,KAY, LLC D/B/A HOME INSTEAD SENIOR CARE NEGLIGENCE 14. Plaintiff hereby incorporates by reference the averments set forth in paragraphs 1 through 13 inclusive as though more fully set forth herein. 15. The aforesaid occurrence was caused by the negligence and carelessness of Defendant, Kay, LLC, and consisted inter alia of the following: (a) Failing to properly secure Plaintiff and his wheelchair inside the vehicle; (b) Failing to have the vehicle under proper and adequate control; (c) Operating the vehicle at an excessive rate of speed; (d) Failing to warn of the approach of the vehicle without due regard for the rights and safety of Plaintiff, (e) Failing to maintain an assured clear distance ahead; (f) Being inattentive; (g) Operating the vehicle in a reckless, dangerous and unsafe manner; (h) Failing to make timely application of the vehicle's brakes; (i) Failing to maintain a proper lookout; (j) Operating the motor vehicle in violation of the statutes.of the Commonwealth of Pennsylvania pertaining to the proper operation of motor vehicles; and 16. Defendant, Kay, is vicariously liable for the negligence of Defendant, Lori Clouse, its employee, workmen, servant and representative, and all actions in the course and scope of her agency and employment with Kay. 17. As a direct and proximate result of the aforesaid occurrence, Plaintiff, Larry Vereen, sustained severe injuries to his_body, including, but not limited to, a left ankle bimalleolar fracture requiring open reduction and internal fixation, as well as severe shock to his nerves and nervous system, extreme embarrassment, humiliation, loss of the enjoyment of their usual duties, usual occupations, life's pleasures and activities, to his great detriment and loss, some or all of which may be permanent in nature. 18. As a further direct and proximate result of the aforesaid occurrence, Plaintiff, Larry Vereen, has and may in the future, suffer mental anguish, emotional distress, pain and suffering, impairment of physical.activity, and may continue to suffer same for an indefinite time in the future. 19. As a direct and proximate result of this occurrence, Plaintiff, Larry Vereen, has been and will be obligated to expend various sums of money or to incur various expenses for the injuries sustained, and may continue to incur such expenses in the future to his great financial loss and detriment. WHEREFORE, Plaintiff demands damages and judgment in favor of the Plaintiff and against Defendant, Kay, LLC, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with such other relief as the Court shall deem appropriate. COUNT II PLAINTIFFS V. DEFENDANT, LORI CLOUSE NEGLIGENCE 20. Plaintiff hereby incorporates by reference the averments set forth in paragraphs 1 through 19 inclusive as though.more fully set forth herein. 21. The aforesaid occurrence was caused by the negligence and carelessness of Defendant, Lori Clouse, and consisted inter alia of the following: (a) Failing to properly secure Plaintiff and his wheelchair inside the vehicle; (b) Failing to have the vehicle under proper and adequate control; (c) Operating the vehicle at an excessive rate of speed; (d) Failing to warn of the approach of the vehicle without due regard for the rights and safety of Plaintiff; (e) Failing to maintain an assured clear distance ahead; (f) Being inattentive; (g) Operating the vehicle in a reckless, dangerous and unsafe manner; (h) Failing to make timely application of the vehicle's brakes; (i) Failing to maintain a proper lookout; (j) Operating the motor vehicle in violation of the statutes of the Commonwealth of Pennsylvania pertaining to the proper operation of motor vehicles; and 22. As a direct and proximate result of the aforesaid occurrence, Plaintiff, Larry Vereen, sustained severe injuries to his body, including, but not limited to, a left ankle bimalleolar fracture requiring open reduction and internal fixation, as well as severe shock to his nerves and nervous system, extreme embarrassment, humiliation, loss of the enjoyment of their usual duties, usual occupations, life's pleasures and activities, to his great detriment and loss, some or all of which may be permanent in nature. 23. As a further direct and proximate result of the aforesaid occurrence, Plaintiff, Larry Vereen, has and may in the future, suffer mental anguish, emotional distress, pain and suffering, impairment of physical activity, and may continue to suffer same for an indefinite time in the future. 24. As a direct and proximate result of this occurrence, Plaintiff, Larry Vereen, has been and will be obligated to expend various sums of money or to incur various expenses for the injuries sustained, and may continue to incur such expenses in the future to his great financial loss and detriment. WHEREFORE, Plaintiff demands damages and judgment in favor of the Plaintiff and against Defendant, Lori Clouse, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with such other relief as the Court shall deem appropriate. COUNT III PLAINTIFFS V. DEFENDANT, KAY, LLC D/B/A HOME INSTEAD SENIOR CARE NEGLIGENT ENTRUSTMENT 25. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 24 as though fully set forth herein. 26. The accident aforesaid was caused by the negligence and carelessness of Defendant, Kay, and consisted inter alia of the following: (a) Negligently entrust the vehicle to employee/driver Lori Clouse, whom Defendant, knew or reasonably should have known was an incompetent, un-licensed and/or careless driver; (b) Negligently entrust the vehicle to employee/bus driver Lori Clouse, whom they knew or reasonably should have known was not fit to drive; and (c) Commit negligence as a matter of law. 27. As a direct and proximate result of the aforesaid occurrence, Plaintiff, Larry Vereen, sustained severe injuries to his body, including, but not limited to, a left ankle bimalleolar fracture requiring open reduction and internal fixation, as well as severe shock to his nerves and nervous system, extreme embarrassment, humiliation, loss of the enjoyment of their usual duties, usual occupations, life's pleasures and activities, to his great detriment and loss, some or all of which may be permanent in nature. 28. As a further direct and proximate result of the aforesaid occurrence, Plaintiff, Larry Vereen, has and may in the future, suffer mental anguish, emotional distress, pain and suffering, impairment of physical activity, and may continue to suffer same for an indefinite time in the future. 29. 1 As a direct and proximate result of this occurrence, Plaintiff, Larry Vereen, has been and will be obligated to expend various sums of money or to incur various expenses for the injuries sustained, and may continue to incur such expenses in the future to his great financial loss and detriment. WHEREFORE, Plaintiff demands damages and judgment in favor of Plaintiff and against Defendant, Kay, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with such other relief as the Court shall deem appropriate. COUNT IV PLAINTIFFS V. DEFENDANTS LOSS OF CONSORTIUM 30. Plaintiffs incorporate by reference the allegations set forth in paragraphs 1 through 29 as though fully set forth herein. 31. At all times material hereto, Plaintiff, Diana Vereen, was married to and the wife of Plaintiff, Larry Vereen. 32. As a direct and proximate result of the negligence and carelessness aforesaid and the injuries sustained by her husband, Plaintiff, Diana Vereen, has been deprived of the assistance, society and companionship of her husband, Larry Vereen, her spouse, both in the past and into the future, all of which may be permanent. WHEREFORE, Plaintiff, Diana Vereen, demands judgment in her favor and against Defendants in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with such other relief as the Court shall deem appropriate. GOLOMB & HON BY: A REW RT, ESQUIRE Attorney f r P aintiff Date: December 15, 2014 VERIFICATION ANDREW R. SPIRT, ESQUIRE, hereby states that he is counsel for plaintiffs in this action and verifies that the statements made in the foregoing Civil Action Complaint are true and correct to the best of his knowledge, information and belief and that this verification is made with the knowledge, permission and consent of plaintiffs. Counsel takes this verification for the purpose of assuring the timely filing of this pleading. The verification of the party-plaintiff will be substituted at a later date. The undersigned understands that the statements therein are made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. GOLOMB & HO K BY: AND E R. SPIRT, ESQUIRE Atto for Plaintiff Date: December 15, 2014 EXHIBIT A 04/18/2014 14:38 7172434254 OFFICEMAX PAGE 02/03 i ' i i i U" tead 2�7 et-r, zr,r i SERXICE A��G12EENT s 7'ltis .Non-Medical Companionship and Homecare Setviv�es Agteement (the: "Agreement") is entered into on 1 �� ��•� s �, ':7f:�,��;�A�r�,�i,,'q.�, (��)' by and bAl�a �l� oS�le eA1oi SC), R '' Y, C ("Co:rt►pany d/b/a D Instead S Care (HI - "' with an address of Kay,LLG d/b/a/HISC perfotxtasnon-medical companionship, �are :. . ho ,and pErsonal calre sesviees and.Client desitea to enter into this Agreement with the Company fax the services listed.below.I The Client is aUa by IOW,a three(3)day period following the day the Agreement is signed by both parties,to further considek the terms of this A meat,during which.the Client can cancel the.Apeement without uncial or other penalty,and without expianatian. Now,ther4mle,in consideration of the mutual promises contained berei%the parties,itrtending to be legally hound,agm as follows, i Begin Date: $hC MI r Day and Evening sate $ /hour Sleepover,IO AAr Sbif $ /Shift Wfith Personal Care S /hour With Penonal dare $ �/Shy 7_Rise and Slu ROTttck In $�3•��^/Sj�� ^— Service Schedule!: f.•�+•�j;��v�� a •.N;'�� -��� "t�'+'•• '�rr�;•'•� zit_ ., � .,;�:� ". h- `k, .s'^':','.J,""�•:::•:'f)�)IA' .,.�' *fro .°ti',@b7 y ''i G�'i"' `.h. rY-f•.':.. ••iti%:•,... 7 • CAREGivers are employees of Kay,LLC d/b/a/HISC and arl insured and beaded'throa a �►ow g en cy. ,AII payroll anfl tax responsibilities are processed through Kay,LLC d/D/a/WSC and are.TRot the nsibiHty of the eluent. Weekemd Bates-Ships which.begin between 7pm on Friday untii lam on Monday ase c bmputed at 101/0 above the Regular Rates. The Following Holidays will be charged at one and one.balf(I. times the service feeIcha New Yeats Day,Easter/Passover,Memorial Day,Tud deuce� �. New years Eve after 12:00pm, Y,Labor Day, giving,Christmas Eve after 12:00pm and Christmas Day, Yon will be provided Rouday Service on th days unless yon _ i cancel. Automobile uaaleago is charged at the rate of 58.5 ces►fa/mile,and 'd out to the CARED.-M it'full,for all errands and incidental transportation involving use ofthe CARWivWs own vehicle. Client's;car: Yes/No i The service fees and mtloage.rate an subject to change with thiM,(30)days notice. Each visit requires a mrnuntruan of tbncc(3)hours C`Nxlalmarn Wj. Scheduled scrvide visits that are not canceled twenty-four (24)hours in advance-of the appointment will be assessed the charge for a Minimums vi jit under this cases involving medical emergencies. Agreement,except irl those i Sleepover Service is a discounted 10 hour shift from!fpm to lam CAZtEGiver assists cficnt it a evening,to get ready for bed, during the night as needed,and in the rooming to get ready for the y. CAREt rivers are"'tthis shift.CAREGivers are permittad to sleep whcu client is sI l md to do any housework during bourn l night on a regular n$,up to 8 hours. if CjA Givcrs are unable to sleep at least S with a reasonable place to sly due to client needs,the assignn�ont will be converted tb.an hourly rate. They must be provided �p fid, otrcly recliner),pillow, blanket. Rise and Shinc/2nck ba Services am 90 minute shins designed to t the client in gett�ng ready for the day or getting ready for bed. Normally includes meal preparation,bathing&dressing a �aCc and medication jxd 'nders. CARE dufft'ng . 4A Serving, e in the event that a client requires all service to be provided by caregivers,and IUSiC can Paying overtime wages to C.AREGivers,the client will be billed atl Reguul one and one-half time the only accommodate that request by lar Rate, I i i pr"-- 04/18/2014 04/18/2014 14:38 7172434254 OFFICEMAX PAGE 03/03 i i Kay,LLC d/b/a/HISC conducts personal face to fam interviews and documents t Entry into Clicttt•s home win be ;.,�, p � formation of each employee. handled in the foil r'',, k owang LtlffirtreX:.�., . . � ,. 3.':°�C".�•'s},if��:r IVIlnor under 18 residing In hOmr-Hoare Instead Senior Cage may obtain Childline+etificatiott for anyCARE sezvaice to Cliettt/Consuvaer who hes a minor under the age of 18 residing in their hom4 Oivcr providing ©No,there are not mors under the age of i8 tesidi ag in home.D Yes,there are minors under the age of 18 residing in home. 1�1�. Company d wiO invoice the responsible party two(2)times each month.The restorable patty a seven ( ) os from the date of t'eceivitt l',m�to pay for all services incurred by Company in the collection of any deg Company's invoice, and is tespon�rble for all collection and attomcry's fees tete tate ofotte and Oise-half hngnent mounts' to Company.i Interest on unpaid invoices will accrue at percent(I _So/,) ; We will only accept-checks mplde payable to Home Instead Senior Care.No inadivid*as a result of the individuals' WA Home Instead Sensor Care way assume power of authority or guardiaffiliationar►ship over client using our services. Home Instead Senior Care may not require a client to endorse checks over to our agency. Termination: We will provide 10 days written notice o£the intent to terminate serrvi-et Less than 10 days notice will be the client has £ailed to pay for services and despite notice is more than 14 given if CAREGiver is at risk. �in �, or if the health and welfare of the Restriction on Hiring Company R pies; of this A disco�abutuatice of sexv�iccs with Co mat andl for a period of one(1)yen•following the indcpendently coattact for the minatiotr of this Agreemeno Client agrees not to hire, employ, or of this services o£a Y eMp oyeo who iewas employe by Cora an at any terns tet,walcss such person.is pled through Company. If C Y Y during the term seheduled service or$3,600,whichever is greater,is Company permits placement a fee equal to four months of payable to CoCorzrQaay vrithin 10 dayf s of such empJoymant. �ve�ing IGaw: T1tis Agreement has been made and entered in the Cotrumonwealth�p crud construed in accordance with,the laws of tho Commorlwea(th Of earpylvama and shall be governed by, provisions eansylvafhia,without,giving©feet to its conflicts of law Client acknowledges that the Provider io not a regish'yor `eon or-entity Acting on-Cl4ettt's - employment service. Client agkccs not to Rolicit or induce,nor allow any btiNalfta'solieit�t iadnc ry cAr erbflky;Ltit to tezminate the aau;e with Kay.LLC and/or work for Client or others directly,bypassing KAY,LZ.C. giver's relaCio s Cate ' 's relation'Up y� � b3'$� egtployment agreementwitJt the caxeegivor, one year after ending p with Ka earteds, eat outlined in this paragWb,Client a ng Flgoy ent with Kay,LLC- If Client breaks the caregiver's scheduled monthly anmber of billable hours Pmwider a fee equal to fob (4)months(sn(teen(16)weeks)of the of pity, g the past twelve(12)moft at the caregiver's highest hourly rate CLMNT'UNDERSTANDS THAT COMPANY pROVID ONLY NON-MEDT , SERVICES AND IS NOT LICENSED OR INSURED TO PROVIDE M>�TJI AJAL tOWANIONSI-I'(P AND 1:10M~CAR.E AGREEMENT IN NO hI ANNER OBLIGATES,REQUUMS OR CONx Elvip> A S ONION OF EMi COF -ANY KIND. X TI NON EMERGENCY MEDICAL SERVYCES BY GOMPANy,1TS EM1'LOYATE 01 AGENTS. COMPANY,TTS T-'LOYEES, OR AGENTS WILL NOT BF- HLiA}3LE FOR NOT pRRIGHTO DC 'ACES THAT 1VON EMERGENCY WDICAL SERVICES. CI,IENZ'FURTHER WAS RGENCY OR ESTATE AND/OR THEIR HEIRS,TO BRING SUIT ON THE BASIS THAT COMI�kNy,IT'S O LOPE ELVES AGSDID NOT PROVIDE EMF-RGLNCY OJT NON-EMERGENCY MEDICAL SERVICES IFOR CLIENT. The parties have axecuted this Not-Medical CorVanionship,Homecare,and Personal Chrc Services The name,ad d telephorue numb=of the Ai ent: r to h t r�pa�astbl0 patsy for receiving and payiut invoices for services tendered by Home ='•' "'�•.by.c.:._'•tii ;YfS;':':':3;4Sr,.ia"1«y��ik.:�::.'... ..,.- �j (Nn pe on ageeirtg-to r y Company fm70jees) 1 'r', Q ':.•:: Cay,LLC rep :...ti esenfA kZmMg address and telephone Bamber) H()Me Instead Senior Cane,5002 Leaker Street,Suito I01 Ivlechaniesburg,PA 1700 ph:717731-9984 f 731-9985 GOLOMB & HONIK BY: ANDREW R. SPIRT, ESQUIRE Identification No.: 75582 1515 Market Street Suite 1100 Philadelphia, PA 19102 (215) 985-9177 LARRY VEREEN and DIANA VEREEN, h/w vs: KAY, LLC d/b/a HOME INSTEAD SENIOR CARE and LORI CLOUSE Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 14-7321 PRAECIPE TO SUBSTITUTE VERIFICATION Kindly substitute the attached Verification of Plaintiff, Larry Vereen, for that of Andrew R. Spirt, Esquire, which was attached to Plaintiffs' Complaint, filed of record with the Court on December 19, 2014. GO BY: Date: December 29, 2014 ANDRE R SPIRT, ESQUIRE Attorney aintiff VERIFICATION LARRY VEREEN hereby states that he is the Plaintiff in this action and verifies that the statements made in the foregoing CIVIL ACTION COMPLAINT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: //C /-02 /7/! / GREGORY E. CASSIMATIS, Esquire ATTORNEY FOR DEFENDANT Attorney I.D. # 49619 Kay, LLC d/b/a Home Instead S,eniorEave 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 ,•,; L 5 ,k 1'7 LARRY VEREEN and DIANA VEREEN : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs Aneke '5",;� V. NO. 14-7321 t 6�®SED �l WITHIN TlPo'EKrts (gip) DAY3 KAY, LLC,d/b/a/HOME INSTEAD : CIVIL ACTION—LAW v ycr :ERE LiF OR A JUDGMENT SENIOR CARE, and air LORI CLOUSE • Defendants : JURY TRIAL DEMANDED DEFENDANT'S KAY LLC,D/B/A/HOME INSTEAD SENIOR CARE, PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Kay LLC, d/b/a Home Instead Senior Care (hereinafter "Moving Defendant"), by and through its counsel then files the within Preliminary Objections to Plaintiffs' Complaint and in support thereof, avers the following: 1. Plaintiffs, Larry Vereen and Diana Vereen("Plaintiffs") filed a Complaint in this matter on or about December 19, 2014. (See Plaintiffs' Complaint attached hereto as an Exhibit «A" ). 2. Plaintiffs' Complaint alleges that on or about December 31, 2013, Plaintiff, Larry Vereen, entered into contract with the Moving Defendant to provide assistance with bathing, dressing and transportation to and from his home and place of employment. (Exhibit A, paragraph 8). 1 3. Plaintiffs allege that on or about February 20, 2014, Co-Defendant, Lori Clouse, in the course and scope of her employment with the Moving Defendant, was responsible for safely and responsibly transporting Plaintiff, Larry Vereen from his home to his place of employment in Mr. Vereen's van. (Exhibit A,paragraph 9). 4. Plaintiffs' Complaint states that on or about February 20, 2014, Co-Defendant, Lori Clouse was operating Plaintiff, Larry Vereen's vehicle at or near 1149 Harrisburg Pike in Carlisle, Cumberland County, Pennsylvania when she lost control and suddenly applied the vehicles brakes and swerved to avoid another vehicle due to her failure to pay attention. (Exhibit A, paragraph 11). 5. Plaintiffs allege that, as a direct and proximate result of losing control of the vehicle and failing to properly restrain Plaintiff, Larry Vereen's wheelchair and/or person, the wheelchair slid inside the van causing Mr. Vereen to be thrown to the floor and resulting in serious injuries and damages set forth in later detail. (Exhibit A, paragraph 12). 6. Plaintiffs' Complaint states that the Moving Defendant is vicariously liable for the negligence of Co-Defendant, Lori Clouse, its employee, workman, servant and representative, and all actions in the course and scope of her agency and employment with the Moving Defendant. (Exhibit A,paragraph 16). 7. Plaintiffs' Complaint states that the negligence of the Moving Defendant and Co- Defendant, Lori Clouse consisted of: (a) Failure to properly secure Plaintiff and his wheelchair inside the vehicle; (b) Failing to have the vehicle under proper and adequate control; (c) Operating the vehicle at an excessive rate of speed; 2 (d) Failure to warn of the approach of the vehicle without due regard for the rights and safety of Plaintiff; (e) Failing to maintain an assured clear distance ahead; (f) Being inattentive; (g) Operating the vehicle in a reckless, dangerous and unsafe manner; (h) Failing to make timely application of the vehicle's brakes; (i) Failing to maintain a proper lookout; and (j) Operating the motor vehicle in violation of statues of the Commonwealth of Pennsylvania pertaining to the proper operation of motor vehicles. (Exhibit A,paragraph 15 and 21.) 8. Plaintiffs' Complaint states that the negligence of the Moving Defendant also consisted of: (a) Negligently entrust [sic.] the vehicle to employee/driver Lori Clouse, whom Defendant, knew or reasonable should have known was an incompetent, un-licensed and/or careless driver; (b) Negligently entrust [sic] the vehicle to employee/bus driver Lori Clouse, whom they knew or reasonably should have known was not fit to drive; and (c) Commit negligence as a matter of law. (Exhibit A, paragraph 26) MOTION TO DISMISS (DEMURRER) COUNT III OF PLAINTIFFS' COMPLAINT FOR FAILURE TO STATE A CLAIM PURSUANT TO PA.R.Civ.P 1028 (a)(4) 9. Paragraphs 1-8 are incorporated herein by reference as if fully set forth at length. 3 10. Pa.R.C.P.1028(a)(4) sets forth that preliminary objections may be filed by any party to any pleading due to legal insufficiency of a pleading (demurrer). 11. Count III of Plaintiffs' Complaint alleges that the Moving Defendant negligently entrusted the vehicle in question to its employee/driver Lori Clouse. (Exhibit A, paragraph 26). 12. The vehicle in question was, in fact owned by Plaintiff, Larry Vereen. (Exhibit A, paragraph 11). 13. Plaintiffs have failed to aver that the Moving Defendant entrusted a vehicle that it either owned or had control over in that Plaintiff, Larry Vereen was the owner of the vehicle in question and the vehicle was under his control. WHEREFORE, Defendant, Kay, LLC d/b/a/Home Instead Senior Care respectfully requests that this Honorable Court to sustain its Preliminary Objection and strike Count III of the Plaintiffs' Complaint. Respectfully Submitted by: Date: /---/C-/S- Grego . Cassimatis, Esquire Attorney for Defendant Attorney I.D. # 49619 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 P: (717) 791-0400 4 1 ALAN,j�trtia,1�" S.. SPIT-1'i', 1l1vtL al:.':.'_' l: _';tJ.. 5.782 151: 1viar}: : Street. Suite 1100 Philadelphia, PA 1.9102 (215) 985-9177 LARRY VEREEN and COURT OF COMMON PLEAS DIANA VEREEN iiiw OF CUMBERLAND COUNTY 913 Gobin Drive Carlisle, PA 17013 v3, e-,2 ei Cvt I KAY,LLC d/b/a HOME INSTEAD NO: SENIOR CARE 5002 Lenker Street Suite 101 Mechanicsburg, PA 17050 and Lear CLOUSE 15 Garden Parkway Carlisle, PA 17013 CIVIL ACTION COMPLAINT NOTICE AVISO You have been sued in court If you wish to defend against the claims set forth Le him demandedo a used en la coots. Si listed ornery defender=do eaten in the following pages,you must take action within twenty(20)days after this comdeint and deniartdas eapuestan en las paginas siguicntes,tined bene venire(20)dila de plaza al panic de notice are nerved,by entering a written appearance personally or by attorney and fling in la ferha de In demands y la notificacion. Hace fall:asentat tins eomparencia esenta o en writing with the cam your defenses or objections to the claims sea forth egainst you. You are persona o con un abogado y ettrogar a In Corte en forma merits sus defenses o sus objecimtes a warned that if you fail to do so die ease may proceed without you and a judgment may be las demandaa en contra de BU persona. Sea avisado que si tined no ae defiende,la cane tamers entered against you by the court complaint or for any other claim or relief requested by the matlidas y puede continuer la domande en contra soya sin previa avisu o nofificaciun. plaintiff You may lose money or property°rather rights important to you. Ademas,la cone puede deeithr a favor del demandants y requiere que usual ample eon todas las provisioner de este demands listed puede porde discern o sus propicdades y ohm derechos nnpornntea para sated. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TILE OFFICE SET FORTH BELOW TO FIND OUT WHERE LLEVF ESTA DEMANDA A UN ABOGADO IMMFDIATAMENTE. SI NO TIENE YOU CAN GET LEGAL HELP ABOGADO 0 SI NO TIENE EL DINER()SUFICIL-NTE DE PAGAR TAL SERVICO. VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIP.ECCION Cumberland County Aar Amaciatian SE ENCUENTRA ESCRTTA ARAMPAPA AVERIGUAP. DONDE SE PUEDE 32 South Bulford Street CONSEGIRR ASISTENCIA LEGAL. Carlisle,PA 17017 (01101 0904108 Cumberland County Bar Association (777)249-7166 32 South Bedford Street Carlisle,PA 17013 (000)990-0100 (717)249-3166 • COMi & HON!IF: 13Y: ATT D CW P.. SPIRT, E3JiRE _Identification No.: 75582 rtcrr rPlairtLiff 1515 Market Street Suite 1100 Philadelphia, PA 19102 (21s) 985-9177 LARRY VEREEN and COURT OF COMMON PLEAS DIANA VEREEN, h/vii OF CUMBERLAND COUNTY 913 Gobin Drive Carlisle, PA 17013 -vs. KAY,LLC d/b/a HOME INSTEAD NO: SENIOR CARE 5002 Lenker Street Suite 101 Mechanicsburg, PA 17050 and LORI CLOUSE 15 Garden Parkway Carlisle,PA 17013 CIVIL ACTION COMPLAINT Plaintiffs, Larry Vereen and Diana Vercen, by and through their attorneys, by way of Complaint against the Defendants,hereby asserts as follows: PAR UES 1. Plaintiffs, Larry Vereen and Diana Vereen, are adult individuals residing at the above address as husband and wife. 2. Defendant, Kay, LLC dibia Home Instead Senior Care, (hereinafter"Kay") is a limited nArtnershio„ corporation or other legal entity with a registered office and/or principal place of business at the above address. 3. TP-fencl,,r1t, Lori Clouse, is an adult individual residing at the above address. 4. ci tine st-,retc, beieric,tint Tiori cliouse, was acniTt o, act icier acting, as an a2ent, servant, employee, aontractor andior reisr-sentative s.f DcfPndam, 1cin ti',e course and scope of her emcloy'rnent. 5. Plaintiffs are ontitied to full tort,rights as set forth in the Amended Motor Vehicle Financial Responsibility Act. PA CTS 6. Plaintiff, Larry Vereen, is a 66 year old male who suffers from multiple sclerosis and is wheelchair bound as a result of the disease. 7. Defendant, Kay, is a franchise office of Home Instead Senior Care, operating in Cumberland and Perry Counties and offering a wide variety of senior home care services, resources and support. They include, among other things,personal services such as help with grooming and dressing, and transportation services. 8. On or about December 31, 2013, Plaintiff, Larry Vereen, entered into a contract with Defendant,Kay,to provide assistance with bathing, dressing and transportation to and from his home and place of employment. (A true and correct copy of the contract is attached hereto as Exhibit"A"). 9. On or about February 20, 2014, Defendant, Lori Clouse, in the course and scope of her employment with Defendant, Kay, was responsible for safely and properly transporting Plaintiff, Larry Vereen, from his home to his place of employment in Mr. Vereen's van. 10. Defendant, Lori Clouse, assisted Mr. Vereen into his vehicle, but failed to premed," secure his wheelchair. 11. Ott or about February 20, 2014,Defendant, Lori Clouse, was operating Plaintiff, Larry Vereen's vehicle at or near 1 49 Harrisburg Pike in the City of Carlisle, County of ‘r,-Ther:L.:;: Cormm nwraitorv'' v7,:niu when ::he icaaeontro! and aicidcn'iy anniitd tire Vt:;11101:: !: brage',.., and.swerved -LL a anoLne: vehoic due sc, her laiL..rs r)riv attmtion. 2. As a direct ..?,nd proximate result of losing control of the vehicle and failing to properly restrain Plaintiff, Larry "Verten's wheelchair and/or his person, the wheelchair slid inside the van causing Mr. Verden to he thrown to the floor and resulting in serious injuries and damages set. forth in detail hereinafter. 13. As a result of the aforesaid accident, Plaintiff, Larry Veree,n, suffered severe, permanent and debilitating injuries sot forth in detail hereafter. COUNT I PLAINTIFFS V. DEFENDANT, KAY,LLC DJB/A HOME INSTEAD SENIOR CARE NEGLIGENCE 14. Plaintiff hereby incorporates by reference the aveiments set forth in paragraphs I through 13 inclusive as though more fully set forth herein. 15. The aforesaid occurrence was caused by the negligence and carelessness of Defendant, Kay, LLC, and consisted inter alia of the following: (a) Failing to properly secure Plaintiff and his wheelchair inside the vehicle; (b) Failing to have the vehicle under proper and adequate control; (c) Operating the vehicle at an excessive rate of speed; (d) Failing to warn of the approach of the vehicle without due regard for the rights and safety of Plaintiff; (e) Failing to maintain an assured clear distance ahead; (f) Being inattentive; (g) Operating the vehicle in a reckless, dangerous and unsafe manner; (h) Failing to make timely application of the vehicle's brakes; (i) Failing to maintain a proper lookout; (j) r1), IT'nF "1101.07 YthiC.ie. inviolation of the statutes of the Con-intori-,,,,oaltPettris-yloiania pertaining. ,ct the proper optration mutt, ,.eiticie':; and i6. Defendant, Kay, is vicariously liable for the negligence of Defendant, Lori Clouse, its employee, workmen, servant and representative, and all actions in the course and scope of Her agency and employment with Kay. 17. As a direct and proximate result of the aforesaid occurrence, Plaintiff, Larry Vereen, sustained severe injuries to his body, including, but not limited to, a left ankle bimalleolar fracture requiring open reduction and internal fixation, as well as severe shock to his nerves and nervous system, extreme embarrassment,humiliation, loss of the enjoyment of their usual duties, usual occupations, life's pleasures and activities,to his great detriment and loss, some or all of which may be permanent in nature. 18. As a further direct and proximate result of the, aforesaid occurrence,Plaintiff, Larry Vereen, has and may in the future, suffer mental anguish, emotional distress,pain and suffering, impairment of physical activity, and may continue to suffer same for an indefinite time in the future. 19. As a direct and proximate result of this occurrence, Plaintiff, Larry Vereen, has been and will be obligated to expend various sums of money or to incur various expenses for the injuries sustained, and may continue to incur such expenses in the future to his great financial loss and detriment. WHEREFORE, Plaintiff demands damages and judgment in favor of the Plaintiff and against Defendant, Kay, LLC, in an amount in excess of Fifty Thousand ($50,000.00)Dollars, together with such other relief as the Court shall deem appropriate. i ,, r ,. r _ 7. f Plaintiff hereby ircrrporates by reference the av�rmen , set Z(lrti in paragraphs through ._ inclusive as thoughmore fully act forth herein. 2 1. The aior said occurrence was caused h' the negligence and carelessness of Defendant, Lori Clouse, and consisted inter aiia of the following: (a) Failing to properly secure Plaintiff and his wheelchair inside the vehicle; (b) Failing to have the vehicle under proper and adequate control; (c) Operating the vehicle at an excessive rate of speed; (d) Failing to warn of the approach of the vehicle without due regard for the rights and safety of Plaintiff; (e) Failing to maintain an assured clear distance ahead; (f) Being inattentive; (g) Operating the vehicle in a reckless, dangerous and unsafe manner; (h) Failing to make timely application of the vehicle's brakes; (i) Failing to maintain a proper lookout; (j) Operating the motor vehicle in violation of the statutes of the Commonwealth of Pennsylvania pertaining to the proper operation of motor vehicles; and 22. As a direct and proximate result of the aforesaid occurrence, Plaintiff, Larry Vereen, sustained severe injuries to his body, including, but not limited to, a left ankle bimalleolar fracture requiring open reduction and internal fixation, as well as severe shock to his nerves and nervous system, extreme embarrassment, humiliation, loss of the enjoyment of their usual duties, usual occupations, life's pleasures and activities, TO his great detriment and loss, some or all of which may be permanent anent in nature. fitrrher ciiree7 and0 o Lhe atore!;alci occurrence, Pia=i2f, LaiTy V veer. has and mil:" in Lilt pair sufferin,,, impairment of physical activity, and may continue to suffer same for an indefinite time in the future. 24. s a direct and broximate result of this occurrence, Plaintiff, Larry Vereen, has been and will be obligated to expend various sums of money or to incur various expenses for the injuries sustained, and may continue to incur such expenses in the future to his great financial loss and detriment. WHEREFORE, Plaintiff demands damages and judgment in favor of the Plaintiff and against Defendant. Lori Clouse, in an amount in excess of Fifty Thousand (S50,000.00) Dollars, together with such other relief as the Court shall deem appropriate. COUNT LU PLAINTIFFS V. DEFENDANT, KAY, LLC D/B/A HOME INSTEAD SENIOR CARE NEGLIGENT ENTRUSTMENT 25. Plaintiff incorporates by reference the allegations set forth in paragraphs 1 through 24i as though fully set forth herein. 76. The accident aforesaid was caused by the negligence and carelessness of Defendant, Kay, and consisted inter aiia of the following: (a) Negligently entrust the vehicle to employee/driver Lori Clouse., whom Defendant, knew or reasonably should have known was an incompetent, un-licensed and/or careless driver; (b) Negligently must the vehicle to emploveelous driver Lori Clouse, whom they knew or reasonably should have known was not fit to drive; and (c) Commit rie,ilic3enec as a matter of law. 27. As a direct and proximate result of the aforesaid occurrence, Plaintiff, Larry 3cvere injuries to bit body., including, but not limited to, a left ankle fraCtl7 "1-Ci1.1117,i and interna l sove:e shoeli to Lis nerves and Ile71,.1)LIS SY3reM, ere;; : .L:1,i17=ras:;m:-..,:1:, humiliation, loss of tb.c eiljnynienL usual doses, usual occupations, life's pleasures and activities, to his great detriment and loss, some or all of-which may he p=ancni in nature. 28. As a further direct and: proximate result of the aforesaid occurrence. Plaintiff, Larry V treen, has and may lit the future, suffer mental anguish, emotional distress, pain and suffering, impairment of physical activity, and may continue to suffer same for an indefinite time in the future. 29. As a direct and proximate result of this occurrence, Plaintiff, Larry Yemen,has been and will be obligated to expend various sums of money or to incur various expenses for the injuries sustained, and may continue to incur such expenses in the future to his great financial loss and detriment. WITEPFFORF, Plaintiff demands damages and judgment in favor of Plaintiff and against Defendant,Kay, in an amount in excess of Fifty Thousand ($50,000.00) Dollars, together with such other relief as the Court shall deem appropriate. COUNT PLAINTIFFS V.DEFENDANTS LOSS OF CONSORTIUM 30. Plaintiffs incorporate by reference the allegations set forth in paragraphs I through 29 as though fully set forth herein. , At all times material hereto, Plaintiff, Diana Niemen, was married to and Inc wife of Plaintiff, Larry Vereen. As three and proximate result of the nethigenec and carelessness athresaid and by her husband, Plaintiff, Diana vereen. has been deprived o, the an( ITIZOLT aU u rn WHEREFORE, Plainnit, Diana A/ere:in man± judgment in l--- and (-2..ainst Deicnaarasn an amount ri exerse ol Fitt: Thouitant: C50,000.00'; tof2.2i1.,17 with such other relief a: the Court shall dr---rt 4., GO LONIB &HONT BY: AIXDREVIR. g!,111T, ESQUIRE Attorney fccy" (fintiff Date: December 15, 2014 _,ten Ft. ES ,)t IR. , Cly'.by states thin he is colillse for plaintiff, in this: action arid and verifies that the statement:, Annie in the foregoing Civil Action Complaint arc, true and correct. .o the best of his knowledge., information and belief and that this verification is made with the knowledge, permission and consent of plaintiffs. Counsel takes this verification for the purpose of assuring the timely filing of this pleading. The verification of the party-plaintiff will be substituted at a later date. The undersigned understands that the statements therein are made subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. , Pr & V BY: \ AND ,V R. SPIRT, ESQUIRE Ano,n r for Plaintiff Date: December 15, 2014 .12._I:LILA,IL 1 1 i i T 7.7-r.-ov-+,tt^-, t:; ' t _ .may ..alt:—r .l...:`:.... ,.v., z 9,..;;;;_i..'_.w. w...�.�"4.,,,,L r� Trac .Nc iv i c —iii Co ✓au.'3ioEn.-,hin and Hoznecare Servitt".3 Agee-32=z (th.`..I ' ;'„,,et oen"t") is en=ed inzo an - 7' , 1. h; .5,A ' p741:Fd (cen'`ibryi and betwen ay, C ( Conipijr", iA HomeInstead r c d Senior Care { TSC,M V, t ndl7 .,.:1,1,1,!,:"4:'','',' trN. r-277-37.,:-',,. .-47.2t.:.-1,, :,1 rwTe'Cr as 5163La titLiaeauri with en address of `: ,4':. .v 'L {IKir t:A1, €17zt'��,(,✓7;1.'t,m�< u SP"V f� a?,717-rI 17:41,�}�yy.Y.l��:.� .n t�,7!-:, y�� ply _ v .',1.7't\pTiv1lf�LiiKl•l(,1'a5.'�^6 !yF! +4r1T �.^i'l.Y'hR ..,'i„+T�,..A IJV ) !4{h l.Nl'� .a i} { y'- } t 1 ^•}�T J.1':��iF - ''4 W �k r.4�..L.d(�r :a `1.hYY,y5i.i a:r�. <. Kay„LLC d lb/el MSC p secn-me lie al companionship,bole=re,and p=onal dire services and.Client emir=i to enter into this.14,{rz�assent with the Company for the sez-rice s listed helew. The Client is.Mowed)by Iaw,a three('3)day period following the;day the Ament is signed by both earti ,to furtherthe t ss cif this�'i -zanent,daring which the Client can cancel the A t withontThaanciml or otlzer�ty,and without a cpli on, Now,there ore,,in c onsidaration of the mutual promises contained hmuirt,the parde: irxtc;aaoing to be legally boned,a ee follows: i Deem Date: Nair'xri i, ' V ad,xy and Evening RIM S___,;„.1-0,4'15 _Tour Sleepover 10 S' $ /Shift With P g o Ce re $ / Mir „ J with rftvouni dare S /Shift -4, wed exal S dacklim S '- 3,5D, hcapirwc. I ,� 'y v� , ��. ! H.^^n,tr+.. .r e- '.i - v"+ r ^;<_.. {,-7..tn s 7-ti n..-. 4t I'M'+. h S Iiet e.st`imlinll ,w.a.,-d , s'K iro .dal l , <+yr �d :f✓ .,ax y::.( :.. .vr r.ti:, rR^ r i -e ...: r,,ti• 'k 5 n_• .Y�, .,,i).,!''.�: r'�.4r:� 4 {r� }M' Ye 3' �i�.iva,ti;' :r .Sha gkaft '4 .u!'t„ :";1-f.„-:f.;.",-F4-'5...-FJ,!..:.. z«ksr^. �,�.a_ s�.L.f S' �'1}TiY : n �?Yr,!r asl r 1''''''.R''.. ♦�' -w,.� atG y,.„r wt its.aYr4..r.. C sPc'tSCivers are employ=of ISTh LLC d/b aa/BESC and arl insured end heordeditirifookeit oar figeacy. AL rayirta en tans ,',131tlea are processed through gh Kay,LLC dib/a/1131±SC mini amnia the i r,,61 te:>�ty of the c t„ Weekend d Rates-Shirts wbicda I e between'7pxa on Friday waql Tamm an Monday are*reputed at 10%above the Regular Rates. The F:adlowing folidays will be charged at one end oaf(L )braes the service fee satin. New years Eve after l2 OOpm, New Years Day,:est !Passover;M,eauorial Day,hadepeadcues Day,Lobar Day, 'wing,Chxisznaae Eve after 12:OQna and Christmas dray, You will beprovidedoaadey Service on taxshays=less you a scan . Automobile eego is charged at;}ie sate of 58.5 /milt,and dont to the CAP.Ediver in ilia Chi allen-ands and incrderat8l ts.dimpornataana involving ram of the CARE aivsr's own vehicle. C%e*t"a ems: Yea/No i The service and mileage rate are subject to change with thirt3 (30)days notice. Each visit requires a miraanera of three+!3's bourtg CU awns V "). Scheduled service visits that ate not canceled tvr ty-{rna (24)home in advamee-of the appointment will be assessed the olydrge for a Wolin—nun Visit ander thin Agreement,except in those cases involving medical emergencies.,. i C2ccaover Service is a discounted 11)hour shift ftora gum to 7am. CAREGivar p.: ria cflint in the eventing,to get ready for bed, during the night us needed,,and in the morning to get ready for the rs my. CAREC'aivers me iint permitted to do any housework during titin,;suss CAPT.cGiv=are pmait to sleep when erient is sleeping,urs to 8 home. if AREGivcrs are unable to sdetm at lisit 5 hours per night onategniar basis,dun to chic needs,the alai nt will be converted tb art hourlyram with a reasonable_olaace to slap(bed,c�h_recliner),pillow, b� They must be pxovid Rise mad Shit `rncl.- Scrrio aa,are 90 minute shies c sir raa�ry* a i ,.s the client.�g;;tt�aag r�oy for the�/or getting reedy for "b�,dl. Normally includes meal preparation,tang.et chesdng assistance end recili.rntrrz. 'lmind.-rs. r'h - .;of p=,ata a ' o!-- Mias:F.Y�, IYkr g ta'l eii!, ;r,r, can t aY.3". k 5.d_dlor,!c}'#.., ask A -7: Y..:. .. .., x. -�..,�y nu�ytA =...u`�i�`�'v'.'�.P�."'.^:':"A'rt3r`L+�. .x^:._.1,2s`iil,_w^u. i fd,�p..._./ I r :al to trverrt that^ client ..fnMezez all.s"ervi....`, -,i:- iii'i".s'.�i1.I'L�«r�kaleG�i by'�"1,`j"cY213'.^�a9'^�i«S`",.',Z'd w.��•..C}713 only acconaniodatt."5.a1$'$efiA-"^,°bv paying 07.1., ,:.; ger to ',11-1.PGi er ,the client will be billed r.�orae owl rne•-ball tirothe R^gsu'rxnr Rate, I 7:2 ;- il0;117iI;t21;1.1 ina=tin73 c.-b;ainyee iozo home MfrAar under 13 resng lu hatate.Home Lis Cme zany obtain Chilcrao. e vaofor any CAREGiv=providing serlr',:oe to Clizat/Consomer who be a,xranor=Orr--the ag,e of 7E, ,r=idinr,in their hoe. 0 No,teem 117Z Mt.MinaZu under fac agr of giahorna, 0 7 ,ute.a.t:ate rainiara under the age pi'28 renal-AR in horse. aalIiingT, Company will invoice the=pc:ma-Ole party two(2)tine=enzh month. The ret=ible partytter.,..8 an pay ftr all nervi= within seven(7) dismi from Me ohm of receiving Corn 's invonce and is x=oonnaole for all colleetion and attorney's fees h;me-re d by Company: the collears of arry derniqnemt.an2cerits roiVing CoLepacy.!1n on unpaid invoice will=roc at, the ram clone and one-half pmPert,(13%)17=1nm/h. We will COly at=Pt keels made-intyaiste ta Mum lostmd Senior Care.No ladrvidaal as a moult of the individuals!affiliation with some Instnad Senior Care tory assume power of authority or ipardianaltip over)o client using our services. Ronne instead Scnier Care may not require a ell=to endorse eltecica over/p our agmtey. Termination= We wffi provide 10 clays wriuee notice of the intent to! ---eduate seervied Lem titan/0 days notice will be gh'en if the aimt has failed to pay for smrioen and&Ism:Le notice is more than 14 days in III*174, or if the health and welfare of the CAREGivm-is at risk. Restriction on Hiring Carapany rt.anpitryer= Thriag,the t=ita of this Agreement andifor aperioil of orae(1)year following the discontinuance of serviees with Company mai,the termination of this Agmetacisti Client agrees not to hire, ourploy, or indopeadmtly contract for the servi,--=of any Company employee who is/wan eraployeit by Company at any time daring the tuna of fida Agreement,unless such p1.4ons is placed through Company. If Ccaupnty peamita placement a fee equal to four months of echedeled vervi=or:143,60D,widebevm-is grmiter,is payable to Company within 10 di,of reloh employment nverning La= This.A.gre=erat has been made and cuMred in the Count onweadth s 'Pennsylvania and qball he governed by, and constand in ne=irrlan=with,The laws of the Commonwealth of Pentrafftvania,without-giving effect to,its conflicts of law provisions. Client acloaowledva that the Provider inr&ot a registry CIT employment am-vice. Client nines not tp solicit or itaince„nor allow tray perdoix or-entity actim onelient's behalf ursoldrartm trotina41nridiireujWrif/WIttL-trnerionsinsue the Caregiver's relitioTribris—with.Kay,LLC anti/or wad;for Client or others dirtbr,bypassing Kay,LLC. Cared; I 'a relationship with Kay,LLC eassids, by septauM employment agreementwith the ettregivm!„for one year after=ding epi nent with Kan LLC. If Client breaks the agreement outlined in this perraplc, Meat agar=la)pay Provider a fee equal to fonir(4)months(sixteen (16)weeks)of the rairgveg scheduled monthly oncant.' orcillabic boars daring the past twelve(12)months,at the curetivm's highest hat*rate of pay, Disclaimer/Waiver: CLIENT UNDERSTANDS-MAT COMPANY PROVIDES ONLY NON-MEDICAL1.!‘lOMPANIONSBIP A BOlviECARE SERVICES AND IS NOT LICIZNSt OR INSURED TO PROVIDE 1/1EDICAl; SERVI(IS OP ANY KIND, THIS AGREEMENT INN°MANNER OBLIGATM,REWIRES OR.CONTEMPLATES TIM PROVISION 0.F arIERGIE\TCY OR NONEMEROTCY IVIEDICALS-MVICES BY COMPANY,rir) ElaLOYEES,())t AGENTS. CLIENT AGREES THAT COMPANY,ITS ZVIP1,0 ", OR AGENTS WILT NOT BE HELD LIABLE FORtOT PROVIDING EMERGENCY OR NON-EMERGE1‘41CY MEDICAL SSIrITIC= in- am-r,TrFURi.=:17;.! 'WAIVES ANY GET, FOR olitalvIM...VES, ESTATE AND/OR TEEM IIECRI.;,TO BRING SULi ON TIM BASIS TEAT CO1p.111Nir,ITSMAPLO .,YeMS OR AGENT; DID NOT PROVE)E.ETAIEMERCY Olt NON-EMERGENCAr MEDICAL SFIZVICESIFOR CLIENT. The parties have executed thin Non-/ViedicW Cornparrionsalp,Finnaecare,and Pet-zonal Serviem.Ageernent The name,aoz, vd telephone number oithe renponsible party /hag and paying invoices foracirvictr---cr.miCir:rzd'cry Home Trramsujiroin-r4 Cli• r . - `z4 • ,••• ' ani/L-6.,47eiNe- rn:fma„,ite-u--) (Firofporion apre?inovin1-757 finrinnel"MMT irve5=5) LrisIwy,LLC re.p+anamirave) CBMing addr=s allket teiephlme iHeme mmbzr) • hr,z=ad Ein-dor Cern.aIC2 Lepirm.rStre.,StEti>101 Med ncberg FA 17C15D ph:71 f:7-47.-99T.5 CERTIFICATE OF SERVICE AND NOW, this /G day of January, 2015, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Kay, LLC d/b/a Home Instead Senior Care hereby certify that I served a copy of the within Defendant's Kay, LLC d/b/a Home Instead Senior Care, Preliminary Objections to Plaintiffs' Complaint on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Andrew R. Spirt, Esquire Golomb &Honik 1515 Market Street Suite 1100 Philadelphia, PA 19102 P: 215-985-9177 (Attorney for Plaintiffs) By: Gregorg.Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. #49619