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HomeMy WebLinkAbout07-0689 CALDWELL & KEARNS By: JAMES L. GOLDSMITH, ESQUIRE Attorney I.D. No. 27115 BY: AMBROSE W. HEINZ, ESQUIRE Attorney I.D. No. 91021 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: ERIC C. MILBY, ESQUIRE Attorney I.D. No. 80769 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0773 CONSOLIDATED BILLING SERVICES 8701-D West Chester Pike Upper Darby, PA 19082-1115 Plaintiff V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC 2250 Millennium Way, Suite 400 Enola, PA 17024 and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C. 2250 Millennium Way, Suite 400 Enola, PA 17024 Defendants ------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. Q `7 _ & 91 cru, ( 4e-r-t i { NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 t 4 CALDWELL & KEARNS By: JAMES L. GOLDSMITH, ESQUIRE Attorney I.D. No. 27115 BY: AMBROSE W. HEINZ, ESQUIRE Attorney I.D. No. 91021 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: ERIC C. MILBY, ESQUIRE Attorney I.D. No. 80769 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0773 CONSOLIDATED BILLING SERVICES 8701-D West Chester Pike Upper Darby, PA 19082-1115 Plaintiff V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC 2250 Millennium Way, Suite 400 Enola, PA 17024 and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C. 2250 Millennium Way, Suite 400 Enola, PA 17024 Defendants ------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. (}7_ 69?q GlLj (-?cn? NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. Sl NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 f CALDWELL & KEARNS By: JAMES L. GOLDSMITH, ESQUIRE Attorney I.D. No. 27115 BY: AMBROSE W. HEINZ, ESQUIRE Attorney I.D. No. 91021 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: ERIC C. MILBY, ESQUIRE Attorney I.D. No. 80769 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0773 CONSOLIDATED BILLING SERVICES 8701-D West Chester Pike Upper Darby, PA 19082-1115 Plaintiff V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC 2250 Millennium Way, Suite 400 Enola, PA 17024 and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C. 2250 Millennium Way, Suite 400 Enola, PA 17024 Defendants ------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. C1 7- (0 8-q &I JI ( -f e-r/k COMPLAINT Plaintiff brings this action for payment on a book account and in support thereof avers as follows: 1. Plaintiff Consolidated Billing Services is a Pennsylvania corporation with a business address of 8701-D West Chester Pike, Upper Darby, PA 19082-1115. 2. Defendant Central Pennsylvania Pulmonary Associates, LLC ("CPPA") is, upon information and belief, a Pennsylvania limited liability corporation with a business address of 2250 Millennium Way, Suite 400, Enola, PA 17024. 3. Defendant CPPA was formerly known as Timothy A. Clark, M.D., LLC until it filed Articles of Amendment changing its name on or about June 25, 2003. 4. Defendant Sleep Disorder Centers of Central Pennsylvania f/k/a Clark & Shahinian Pulmonary Associates, P.C. ("SDCP"), is, upon information and belief, a Pennsylvania corporation with a business address of 2250 Millennium Way, Suite 500, Enola, PA 17024. 5. Plaintiff is in the business of providing billing services to doctors, hospitals, clinics, and other medically-affiliated businesses. 6. On or about June 26, 2003, Timothy A. Clark, M.D., LLC and Plaintiff entered into a Billing Services Agreement (the "Agreement") whereby Plaintiff agreed to provide billing services to CPPA. A true and correct copy of the Agreement is attached hereto as Exhibit "A". 7. The Agreement was for a term of one (1) year, but was automatically x renewed for successive twelve (12) month periods until terminated by either party. 8. The Agreement was to be in effect until August 31, 2007, as neither party prevented the Agreement from being automatically renewed as provided for in the Agreement. 9. At the request of CPPA and SDCP's principal, Timothy A. Clark, M.D., Plaintiff provided billing services to Defendant SDCP's predecessor, beginning in or about August 2004. 10. On or about December 21, 2006, Defendants cancelled their Agreements by sending two (2) notices of termination to Plaintiff. True and correct copies of the notices are attached hereto as Exhibit "B". 11. There remains due and owing a past due balance of $95,318.55 on CPPA's account. A true and correct copy of the most recent CPPA Invoice is attached hereto as Exhibit "C." 12. There remains due and owing a past due balance of $15,558.20 on SDCP's account. A true and correct copy of the most recent SDCP Invoice is attached hereto as "Exhibit "D." 13. Plaintiff is entitled to recover lost profits through the end of the current term of the Agreement as it was terminated prematurely. 14. Additionally, the Agreement provides that Plaintiff may collect attorney's fees and costs if Plaintiff must take legal action to collect unpaid fees from Defendants. Y COUNT I - Breach of Contract Plaintiff v. Central Pennsylvania Pulmonary 15. Plaintiff hereby incorporates Paragraphs 1 through 14 as if full set forth at length herein. 16. Defendant CPPA, formerly known as Timothy A. Clark, M.D., LLC, entered into an Agreement with Plaintiff, whereby Defendant agreed to pay Plaintiff ordinary and customary charges for Plaintiff's services. 17. Plaintiff provided Defendant CPPA with services, complied with all conditions precedent, and fully performed under the Agreement. 18. The charges are fair and reasonable and are the charges that Defendant CPPA agreed to pay. 19. Plaintiff has demanded payment for the charges incurred. See, Exhibit "C" attached hereto. 20. Defendant CPPA has breached the Agreement by failing and refusing to pay charges incurred. 21. Pursuant to the terms of the Agreement, the Agreement was to be in effect until August 31, 2007. 22. Defendant CPPA prematurely terminated the Agreement without right or justification. 23. Plaintiff is entitled to be compensated for the monies it would have collected from December 21, 2006, through August 31, 2007. I 24. Plaintiff is contractually entitled to recover reasonable attorneys' fees and all other costs of collection. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant CPPA in the amount of $95,318.55 plus lost profits, interest, costs, attorneys' fees, and other damages as this Court deems just. COUNT II - Breach of Contract Plaintiff v. Sleep Disorder Centers of Central Pennsylvania, Inc. 25. Plaintiff hereby incorporates Paragraphs 1 through 24 as if fully set forth at length herein. 26. At the request of Defendant SDCP, Plaintiff provided billing services to Defendant SDCP. 27. Defendant SDCP has incurred charges in the amount of $15,558.20. 28. The charges are fair and reasonable and are the charges that Defendant agreed to pay. 29. Plaintiff has made demand of Defendant SDCP for payment of the charges. 30. Defendant SDCP has failed and refused to pay said charges. 31. Defendant SDCP has breached its oral agreement with Plaintiff by refusing to remit payment for services performed. 32. Plaintiff has been damaged in the amount of $15,558.20. 33. Plaintiff is contractually entitled to recover reasonable attorney's fees and all other costs of collection. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor and against Defendant SDCP in the amount of $15,558.20 plus lost profits, interest, costs, attorneys' fees, and other damages as this Court deems just. COUNT III - Unjust Enrichment 34. Plaintiff hereby incorporates Paragraphs 1 through 31 as if fully set forth at length herein. 35. Plaintiff conferred a substantial benefit on Defendants in providing them with billing services. 36. Defendants accepted the benefit conferred upon them by Plaintiff knowing that Plaintiff expected payment. 37. Plaintiff suffered a detriment in that it lost the use of its resources and Defendants benefited from Plaintiff's services. 38. Plaintiff is entitled to be reimbursed for the reasonable value of the benefit conferred upon Defendants. WHEREFORE, Plaintiff respectfully requests judgment in its favor and against Defendants in the amount of $110,876.75 plus lost profits, interest, costs, attorneys' fees, and other damages as this Court deems just. Date: &4 . <51 CALDWE L KEARNS By: J MES L. GOLDSMITH, ESQUIRE Attorney I.D. No. 27115 AMBROSE W. HEINZ, ESQUIRE Attorney I.D. No. 91021 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 LUNDY, FLITTER, BELDECOS & BERGER, P.C. Date: January 19, 2007 By: /s/ Eric C. Milby Eric C. Milby CERTIFICATE OF SERVICE CALDWELL & KEARNS AND NOW, this 5th day of February, 2007, 1 hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Central Pennsylvania Pulmonary Associates, LLC Timothy A. Clark, M.D., LLC 2250 Millennium Way, Suite 400 Enola, PA 17055 Sleep Disorder Centers of Central Pennsylvania Clark & Shahinian Pulmonary Associates, PC 2250 Millenium Way, Suite 500 Enola, PA 17025 By: 07033-001 / 111849 l" V ? F na f t"' CD, C? TI -rt r-T- 1'1 VERIFICATION I, Steven R. Krieg, President of Consolidated Billing Services, verify that the statements set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. - k,- - (z - I &-?' Steven R. Krieg C") i'v ? ? ? ?--7 ?:..::: ..i.? ?Z j t? (`? ;..1.. ?f?. 3? ?'s i A -r C.?.7 ?' t? s ? F -._. ? ky ? _ ?' fi ? 4A ? F ? ? ?. BILLING SERVICES AGREEMENT THIS AGREEMENT is made this 26th day of June, 2003 between THE CBS GROUP, INC. ("CBS") and Timothy A. Clark, M.D., L.L.C. hereinafter referred to as ("Subscriber "). WHEREAS, CBS is engaged in the business of providing billing services to doctors, hospitals, clinics and related medically affiliated businesses; and WHEREAS, Subscriber is engaged in a medically affiliated practice and wishes to utilize the billing services provided by CBS upon the terms set forth herein. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: Term of Agreement. (a) This Agreement shall be for a term of I year commencing September 1, 2003 and ending August 31, 2004 and, unless terminated pursuant to the provisions of subparagraph I(b) below, will automatically renew itself for successive twelve (12) month periods until terminated. (b) In order to terminate this Agreement and obviate the automatic renewal provision set forth in subparagraph (a) above, either party hereto must notify the other in writing, as of its intention to terminate this Agreement not later than sixty (60) days prior to the expiration of the original term of this Agreement or of any automatic twelve (12) month renewal period as set forth in subparagraph (a) above. Said notice and any other notice required hereunder shall be sent certified mail, return receipt requested to: THE CBS GROUP, INC. 8701-D WEST CHESTER PIKE UPPER DARBY, PENNSYLVANIA 19082 M and to: TIMOTHY A. CLARK, M.D., L.L.C. 9 SAND PINE COURT MECHANICSBURG, PA 11050 2 (c) In the event of termination of this Agreement, CBS shall continue to collect the existing accounts receivable as of the termination date (A/R Workout) for a minimum period of four (4) months. CBS shall offer reasonable assistance to Subscriber to effect an orderly transition to the desired billing arrangement. 2. CBS Services. CBS shall perform the following billing services for Subscriber: (a) Billing patients and appropriate third parties such as insurance companies, Blue Shield, Medicare, Medical Assistance and Workmen' Compensation and other similar entities responsible for paying bills rendered to patients. (b) Submitting regular statements to each patient of Subscriber having an outstanding balance for the applicable period. Such statements may include dunning messages or dunning inserts as requested and approved by Subscriber. (c) Maintaining financial records on all charges, payments and adjustments with regard to patients' accounts. (d) Providing monthly and year-to-date accounting of services and dollars billed by procedure, or visit, and by location or patient coverage, as well as an aged accounts receivable listing detailing the amount of dollars and claims still to be paid. (e) Using reasonable efforts to seek collection of billings in accordance with policies and procedures approved by Subscriber provided, however, that such efforts shall not include the engagement of legal counsel or the taking of any other steps (other than the -2- M t forwarding of statements with appropriate dunning notices) to collect any outstanding fees from patients of Subscriber. (f) Assisting Subscriber in determining billing policies and procedures; (g) Assisting Subscriber in establishing a lockbox arrangement, if so desired, with a bank or other financial institution to which payments by patients will be directed in accordance with addresses set forth on bills and statements forwarded to patients. (h) Advising Subscriber with respect to management areas related to professional billing. 3. Data Processing. CBS will bear the costs of all data processing and data entry in connection with carrying out the terms of this Agreement. 4. Billing Services Fee. (a) In consideration of the services to be performed by CBS hereunder, Subscriber agrees to pay CBS an amount, equal to six percent (6 %) of collections received by Subscriber arising out of services performed by CBS up to the date of termination of this Agreement regardless of from whom and when such collections occur. The fee set forth herein will be computed once a month based upon bank deposits made during the first (1st) through the last day of each month. Payment will be made upon CBS' presentation of the fee computation of the Subscriber. In the event Subscriber fails to pay the fee set forth above, Subscriber agrees to pay to CBS an additional service fee equal to one and one-half (1-1/2%) percent per month of the amount set forth in said fee computation report per month or any portion thereof during which the amount remains unpaid. 5. Additional Considerations. (a) In performing its services, CBS shall operate within the established policies of Subscriber. (b) Subscriber may, from time to time, have access to information, documents and reports in the possession of CBS related to Subscriber' activities. (c) No provision or term of this Agreement shall be construed or interpreted to create any liability whatsoever of CBS to Subscriber for the payment of fees for services rendered by Subscriber to its patients. -3- (d) Subscriber shall not, during the term of this Agreement, or for a period of two (2) years after the termination hereof, employ or offer to employ any employee, agent, representative or independent contractor of CBS or with whom CBS has dealt, with regard to furnishing the services set forth in the Agreement. (e) In addition, Subscriber agrees that the information, procedures, methods, and policies of CBS which become known to Subscriber, together with this Agreement and all of the terms hereof, are proprietary and confidential to and between CBS and Subscriber, and Subscriber agrees not to disclose, or make known, directly or indirectly, not to utilize in any way, such information, policies or procedures or this Agreement (except with respect to activities permitted in 5(b) above) provided however that CBS will honor reasonable requests for access to this Agreement under procedures it shall adopt. (f) Subscriber agrees that violation of subparagraph (d) or (e) above may cause damages to CBS an amount not easily determinable and which damages may not be compensable by monetary damages and accordingly, Subscriber agrees to the entry of an injunction prohibiting it from any violation of any of the provisions of subparagraphs 5(d) or 5(e) above. (g) In the event of a failure by Subscriber to pay fees due CBS by Subscriber, it is agreed that all reasonable attorney and court costs incurred by CBS in the collection of those fees due shall be immediately paid by Subscriber. (h) During the term of this Agreement and for a period of two (2) years thereafter, Subscriber agrees not to engage in any business or enterprise which may compete with CBS directly or indirectly, through any means whatsoever, provided, however that Subscriber may perform similar functions in connection with collecting fees from its own patients or those of its individual principals or an entity owned by either. (i) Subscriber agrees to provide CBS with such information, bank authorizations, approvals, statements, charge slips, etc., as may be required by CBS to determine the collections received by Subscriber or to enable CBS to carry out its obligations hereunder. -4- 6. Protected Health Information. WHEREAS, the parties are executing an agreement whereby Business Associate provides services to Covered Entity, and Business Associate receives, has access to or creates Protected Health information ("PHI") of Covered Entity in order to provide those services ("Agreement"); WHEREAS, Covered Entity is subject to the Administrative Simplification requirements of the Health Insurance Portability and Accountability Act of 1996, and regulations promulgated thereunder, including the Standards for Privacy of Individually Identifiable Health Information at 45 Code of Federal Regulations Parts 160 and 164 ("Privacy Regulations"); WHEREAS, the Privacy Regulations require Covered Entity to enter into a contract with Business Associate in order to mandate certain protections for the privacy and security of Protected Health Information, and those Regulations prohibit the disclosure to or use Protected Health Information by Business Associate if such a contract is not in place; NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parries agree as follows: 1. DEFINITIONS. Unless otherwise specified herein, capitalized terms as used in this section shall hav&the meanings set forth in 45 C. FR_ Parts 160 and 164 or ascribed to them in the Agreement, as the case may be. 2. OBLIGATIONS OF BUSINESS ASSOCIATE. Business Associate warrants and agree as follows: 2.1 Permitted Uses and Disclosures of PHI. Business Associate shall use and disclose PHI solely as necessary to perform the Services. Business Associate shall not use or disclose PHI for any other purpose, except as required by law. 2.2 Adequate Safeguards for PHI. Business Associate shall implement and maintain appropriate safeguards to prevent the use or disclosure of PHI in any manner other than as necessary to perform the Services or as permitted by this Agreement. -5- { i 2.3 Reporting Non-Permitted Use or Disclosure. Business Associate shall notify Covered Entity immediately in writing after becoming aware of any use or disclosure that is made by Business Associate, its employees, representatives, agents or subcontractors that is not specifically permitted by this Agreement. 2.4 Availability of Internal Practices. Books and Records to Government Agencies. Business Associate shall make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the United States Department of Health and Human Services for purposes of determining Covered Entity's compliance with the Privacy Regulations. Business Associate shall immediately notify Covered Entity of any requests made by the Secretary and provide Covered Entity with copies of any documents produced in response to such request. 2.5 Access to and Amendment of PHI. If applicable, Business Associate shall: (a) make the PHI specified by Covered Entity available to the individual(s) identified by Covered Entity as being entitled to access and copy that PHI, and (b) make PHI available to Covered Entity for the purpose of amendment and incorporating such amendments into the PHI. Business Associate shall provide such access and incorporate such amendments within the time and in the manner specified by Covered Entity. 2.6 Accounting of Disclosures. If applicable, upon Covered Entity's request, Business Associate shall provide to Covered Entity an accounting of each disclosure of PHI made by Business Associate or its employees, agents, representatives or subcontractors that is not for the purposes of the Covered Entity's treatment, payment or health care operations, or authorized in writing by Covered Entity's patients or employees. Any accounting provided by Business Associate under this Section 2.6 shalt include: (a) the date of the disclosure; (b) the name and address, if known, of the person and/or entity who received the PHI; (c) a brief description of the PHI -6- K disclosed, and (d) a brief statement of the purpose of the disclosure. For each disclosure that could require an accounting under this Section 2.6, Business Associate shall document the information specified in (a) through (d), above, and shall securely retain this documentation for six (6) years from the date of the disclosure, consistent with the document retention requirements of the Privacy Regulations. 2.7 Use of Subcontractors and Agents. Business Associate shall require each of its agents and subcontractors that receive PHI from Business Associate to execute a written agreement obligating the agent or subcontractors to comply with all the terms of this Agreement. 2.8 Term and Termination. This Agreement shall remain in force and effect as long as Business Associate provides the Services. Covered Entity shall have the right to terminate this Agreement if Covered Entity determines, it its sole discretion, that Business Associate has failed to perform hereunder. Notwithstanding the termination of the underlying relationship between Covered Entity and Business Associate, the Business Associate's obligations hereunder shall continue to survive. 2.9 Disposition of PHI upon Termination or Expiration. Upon termination of the underlying relationship between Covered Entity and Business Associate, Business Associate shall either return or destroy (in Covered Entity's sole discretion and in accordance with any instructions by Covered Entity), all PHI in the possession or control of Business Associate or its agents and subcontractors. However, if Covered Entity determines that neither return nor destruction of PHI is feasible, Business Associate may retain the PHI, provided that Business Associate (a) continues to comply with the provisions of this Agreement for as long as it retains PHI, and (b) limits further uses and disclosures of PHI to those purposes that make the return or destruction of PHI infeasible. -7- 7. Additional Provisions. (a) Amendment and Waiver. This Agreement may be amended or modified at any time and in all respects by an instrument in writing executed by CBS and Subscriber. (b) Headings. Headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. (c) Counterpart Execution. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute by one and the same instrument. (d) Parties in Interest. This Agreement will be assignable by CBS to its successors and assigns and all the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties, their heirs, executors, administrators, successors and assigns. (e) Integrated Agreement. This Agreement constitutes the entire Agreement between the parties hereto, and there are not agreements, understandings, restrictions, warranties, or representations between the Parties other than those set forth herein or provided for. (f) Choice of Law. It is the intention of the Parties that the laws of Pennsylvania shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the Parties. THE CBS GROUP, INC. By: STEVEN KRIEG, PRES T I Xly, TIMOTHY A. CLARK, M.D. TIMOTHY A. CLARK, M.D., L.L.C. -8- 73 E N TRA L ENNSYLVANIA. Y "SSOCIATES, L.L.C. Pulrtaonanj Medicine, Critical Caro Sled Disorders December 21, 2006 r V eat S h ore 0 f fice tEi?Citi iun,. 10,hi Stli t:` ,.Ri Address all correspondence to, 2?70 A•iftlL?111L]S:2Yt Way, SS:.!te 40«. rstiAa, PA 1715'25 TEL 717.724.2791 FAX I1.1.724.2797 evs. v..cenPraSpagixtmt?tian?.e??ni Jeep isurder: enters of entrat \tact;eai [)Yr?iatiir TEL 71.7.724.2791 FAX 717.724.2797 :. w w.pasleepdac3.c:gym Consolidated Billing Services 8701 West Chester Pike Uppper?r Darby, PA 19032 [delivered Via. E-Mail and Certified U-S klail Attn: Steve Kreit? RE: Notice as Required Regarding Termination of Serviee;s Please b advised that as of the date: of this ie'tter you are hereby served notice as requ.ittd by coraeactuai agreement that. YoUr services for Central Pennsylvania Pullnonar - .Associates, L.L.C. are no longer required. Dieing the notice period you should cct3tintae; to work on the acc.ounmidata you have in your ?os?essit?r . Nowoves, fetter the expiration of the notice period you shoafd cease and desist all work related to Central Pennsylvania Pulmonary Associates. LA-C. and forAvard .ell records pertaining to the same to the address referenced to the left hand side of this letter. Retards, ; l inioth A. Clark. M. D. President/CF0 cc: Fife .:Andrew Ciiorgione, Esq. 0 1tep =iso ~c er '-enters of ?,-.entral ='enns rania Sleep Disorder ii i; cnhv A,- Clark. I-O.D. ;Mcdwal Directer 22>a Millnmimit LVav, r:rola, PA 1-7012; TF..L 717.724.2791 FAX 7I7.72s.2798 +.v.+. pa3leipdxs.tnm December 21., 2006 Consolidated Billing Services 8701 West Chester Pike Upper Darby, PA 19082 AtiiI47rted y;tt,: enfral '"nsylvania `utino?ser)• 'tssnci?fes, L.L.C.. 4zu3Ei;.v A. Clark, MAD. Andrew Anvad leg u, M.D. W k.Q Shole Office -'•1Ti!a:;tfroWsivquite400 r.o!a, PA 1702:; Fasts or?.Office 42::: t: ru;: s MR1 R,?srsf, Suite 101 Id3rri cr,! ;{,r' e 1711- Address ail correspondence: to: ..._..! x ;li?,•;:iiu:it'Wzv, Suite -i0V. ia !'A ,rEL 717.724.2791 FAX 717.724:2797 - wiv.cen tral pa pulm orca ry.coyr. Delivered. Via. E Mail and Certified W%:. Mail Attn: Steve Kreig RE: Notice as Required Regarding'rernttination of Services Please be advised that as of the date. ' this letter you are hereby sea ved notice as required by contractual agreement. that?vour services for Steep Disorder Cotten of Central Peanty.lvania, ine. are longer required. During the notice period you should. without to work on the a; c;ountsldata you Dave in your possession. However, after the expiration of the notice period you should cease anti desist all work related to Slop Disorder Centers of Central Pennsylva.niit, Inc. and- forward all records pertaining. to the same to the address referenced to the left hand side of this letter. Regards, "timothy A. Clark, M.D. Presidem/CEO cc: Pile Andrew Giorgione, T',qq, X t?, h,? C V 4 M104f2OU1 1n: 1y b1b1J4Ub/Q IMt_lS,?_taKUU1- rmut UL cis Consolidated Billing Services January 3, 2007 Central Pennsylvania Pulmonary Associates, L.L.C. Attn: Donna Patsiopoulos 2250 Millenium Way, Suite 400 Enola. PA 17025-1488 OPEN INVOICES 406-0228 February, 2006 balance due $ 2,633.85 Late fees on February invoice 910.70 #06-0331 March, 2006 11,147.86 Late fees on March invoice 1,208.20 #06-0430 April, 2006 9,008.03 Late fees on April invoice 841.75 406-0531 May, 2006 12,371.15 Late fees on May invoice 956.10 406-0630 June, 2006 9,882.81 Late fees on June invoice 606.45 906-0731 July, 2006 5,606.72 Late fees on July invoice 337.93 #06-0831 August, 2006 10,901.33 Late fees on August invoice 497.96 906-0930 September, 2006 7,044.31 Late fees on September invoice 212.91 !t06-1031 October, 2006 9,327.02 Late fees on October invoice 13990 #06-1130 November, 2006 7,799.00 91,433.98 BILLING SERVICES RENDERED December, 2006 DEPOSITS $ 64,742.86 FACTOR x .06 FEE $ 3,884.57 3,884.57 TOTAL AMOUNT pUE S 95,318.55 Invoice #06-1231 Payment is due upon receipt of invoice. Please make checks payable to Consolidated Billing Services. Phone: 610-734-0610 8701 -D West Chester Pike Fax. 610-734-0874 Upper Darby, PA 19082-1115 cbsbilling@rcn.com ?,?If (x w dI/U41,2ui( 15: 1`J blU J UU/4 C13 cowalidated ailing Services January 3, 2007 Sleep Disorder Centers of Central Pennsylvania, Inc. Ara;: Donna Patsiopoulos 2250 Millenium Way, Suite 400 lnola, PA 17025-1488 OPEN INVOICES #06-0531 May, 2006 Late Fees on May invoice Late Fees on June invoice 906-0731 July, 2006 Late Fees on July invoice #06-0831 August, 2006 Late Fees on August invoice . #06-0930 September, 2006 Late Fees on September invoice 906-1031 October, 2006 Late Fees on October invoice INVOICE BILLING SERVICES RENDERED DEPOSIT'S FACTOR FEE TOTAL AMOUNT DUE Invoice #06-1231 Payment is due upon receipt of invoice- Please make checks payable to Consolidated Billing Services. 8701-D West Chester Pike Upper Darby, PA 19082-11.15 December, 2006 $ 7,617.3 1 x .05 $ 2,958.52 276.46 33.90 2,334.36 143.25 1.633.67 74.63 1;569.08 47.42 3,525.05 _ 52.87 15,177.34 $ 380.86 380.86 $15,558.20 r Muz. G3 Phone: 610-734-0610 Fax: 610-734-0874 cbsbilling@rcn.com P h N tT- a r r r, F- 71-1 r . cr) < `1 CONSOLIDATED BILLING SERVICES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA, f/k/a NO. 07-689 CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C., Defendants NOTICE TO PLEAD TO: Consolidated Billing Services c/o James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. BUCHANAN INGERSOLL & ROONEY PC By: V'- Ni<616 L. Borda, Usg6ire I.D. #89214 213 Market Street, Third Floor Harrisburg, PA 17101-2121 (717) 237-4854 Attorneys for Defendants DATE: March 12, 2007 CONSOLIDATED BILLING SERVICES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC, f/k/a TIMOTHY A. CLARK, M.D., LLC and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA, f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C., Defendants NO. 07-689 CIVIL TERM PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT Defendants, Central Pennsylvania Pulmonary Associates, LLC, f/k/a Timothy A. Clark, M.D., LLC ("CPPA") and Sleep Disorder Centers of Central Pennsylvania, f/k/a Clark & Shahinian Pulmonary Associates, P.C. ("SDCCP") (collectively "Defendants"), by their attorneys, Buchanan Ingersoll & Rooney PC, file these Preliminary Objections to the Complaint pursuant to Pa. R. Civ. P. 1028 as follows: 1. BACKGROUND 1. Plaintiff, Consolidated Billing Services ("CBS"), commenced this action by filing a Complaint on or about February 5, 2007 (the "Complaint"). 2. In the Complaint, Plaintiff alleges causes of action for Breach of Contract (Counts I & II) and Unjust Enrichment (Count III). (Complaint TT 15-38.) 3. Plaintiff's claims against CPPA allegedly arise out of a "Billing Services Agreement" attached to Plaintiff's Complaint as Exhibit "A." (Complaint IT 6, 15-24.) 4. Plaintiff's claims against SDCCP allegedly arise out of an oral agreement between Plaintiff and SDCCP. (Complaint TT9, 25-33). II. COUNT I-III -FAILURE TO CONFORM TO RULE OF COURT (Pa. R.C.P. 1019(8) 5. The averments in paragraphs 1 through 4 above are incorporated herein by reference. 6. Under Pennsylvania law, recovery of special damages is permissible only where "(1) there is evidence to establish them with reasonable certainty, (2) there is evidence to show that they were the proximate consequence of the wrong; and, in the contract actions, that they were reasonably foreseeable." Birth Center v. St. Paul Co., Inc., 567 Pa. 386, 405 n. 15, 787 A.2d 376, 387-88 n. 15 (2001) (citations omitted). 7. The Pennsylvania Rules of Civil Procedure require that any averments of "special damages" in a pleading be "specifically stated." Pa. R.C.P. 1019(f). 8. In paragraph 13 of the Complaint, Plaintiff alleges that it is "entitled to recover lost profits through the end of the current term of the Agreement ...." (Complaint ¶ 13.) 9. In Count I of the Complaint, Plaintiff further alleges that it "is entitled to be compensated for the monies it would have collected from December 21, 2006, through August 31, 2007." (Complaint 123.) 10. In its prayers for relief in Counts I-III of the Complaint, Plaintiff demands damages "plus lost profits ...." 11. Plaintiff has not, however, pled with any specificity the alleged "lost profits" in violation of Pa. R.C.P. 1019(f). WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiff's claims for lost profits for insufficient specificity or, in the alternative, that Plaintiffs be directed to file a more specific pleading. 2 IV. COUNTS II-III - LEGAL INSUFFICIENCY (DEMURRER) AS TO PLAINTIFF'S REQUEST FOR ATTORNEYS' FEES AGAINST DEFENDANT SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA, INC. 12. The averments in paragraphs 1 through 11 above are incorporated herein by reference. 13. In Plaintiffs prayer for relief in Counts II-III of the Complaint, Plaintiffs seek an order compelling SDCCP to pay Plaintiff s attorneys' fees in this action. 14. The Agreement attached to Plaintiffs Complaint as exhibit "A", as alleged by Plaintiff, was entered between Plaintiff and CPPA f/k/a Timothy A. Clark, M.D., LLC. (Complaint 16, Exhibit "A".) 15. Plaintiffs fail to cite a statute or contractual provision to support an award of attorneys' fees against SDCCP. 16. In the absence of a contract or statute supporting an award for attorneys' fees, Plaintiffs' fail to state a claim for attorneys' fees in the Complaint. WHEREFORE, Defendants respectfully request that that this Court strike from the Complaint Plaintiffs request for an award of attorneys' fees against Defendant Sleep Disorder Centers of Central Pennsylvania, Inc. pursuant to Pa. R.C.P. 1028(a)(4). V. COUNT III - LEGAL INSUFFICIENCY (DEMURRER) 17. The averments in paragraphs 1 through 16 above are incorporated herein by reference. 18. In Count III of the Complaint, Plaintiff purports to state an equitable claim for unjust enrichment. 19. To state a claim for unjust enrichment, Plaintiff must demonstrate "benefits conferred on defendant by plaintiff, appreciation of such benefits by defendant, and acceptance 3 and retention of such benefits under such circumstances that it would be inequitable for defendant to retain the benefit without payment of value." Temple Univ. Hosp., Inc. v. Healthcare Management Alternatives, Inc., 832 A.2d 501, 507 (Pa. Super. 2003). 20. Plaintiff alleges in Count III of the Complaint that Plaintiff conferred a substantial benefit on Defendants in "providing them with billing services." (Complaint 135.) 21. Plaintiff also alleges in Count III of the Complaint that it "is entitled to be reimbursed for the reasonable value of the benefit conferred upon the Defendants." (Complaint ¶ 38.) 22. Plaintiff incorporates into Count III of the Complaint its allegations that it performed billing services for CPPA pursuant to a written Agreement (Complaint ¶ 6) and performed billing services for SDCCP pursuant to an oral agreement (Complaint ¶¶ 9, 31). (Complaint ¶ 34.) 23. Pennsylvania courts have held that the doctrine of unjust enrichment "is clearly `inapplicable when the relationship between the parties is founded on a written agreement or express contract."' Roman Mosaic and Tile Co. v. Vollrath, 313 A.2d 305, 307 (Pa. Super. 1974) (quoting Third Nat'l Bank & Trust Co. of Scranton v. Lehigh Valley Coal Co., 353 Pa. 185, 44 A.2d 571 (1945)). 24. Thus, because Plaintiff's allegations in Count III of the Complaint clearly rely upon alleged express agreements between the parties, Plaintiff has failed to state a claim for unjust enrichment. 4 WHEREFORE, Defendants respectfully requests that this Court dismiss, with prejudice, Count III of the Complaint for failure to state a claim upon which relief can be granted pursuant to Pa. R.C.P. 1028(4). Respectfully submitted, BUCHANAN INGERSOLL & ROONEY PC B icole L. B a Esquire I.D. #89214 One South Market Square 213 Market Street - 3rd Floor Harrisburg, PA 17101 (717) 237-4854 Attorneys for Defendants DATE: March 12, 2007 5 CERTIFICATE OF SERVICE I, Nicole L. Borda, Esquire, certify that I am this day serving a copy of the foregoing document upon the persons indicated below by United States Mail, first class, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure as follows: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 By e L. Bord uire DATE: March 12, 2007 "'' ? 4? ?? ? ?--' .--? ? -rs _F ^",:, _ 1 it r:?- ? - r,? <-y s i..? ?i"t _ ..'??. S ?..7 ? ? fZ • ??? ?ti„ '+ ?L CALDWELL & KEARNS By: JAMES L. GOLDSMITH, ESQUIRE Attorney I.D. No. 27115 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: ERIC C. MILBY, ESQUIRE Attorney I.D. No. 80769 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0773 --------------------------------------------------- CONSOLIDATED BILLING SERVICES Plaintiff V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC, and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C. Defendants -------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-689 PLAINTIFF'S RESPONSE TO DEFENDANTS' PRELIMINARY OBIECTIONS Plaintiff, Consolidated Billings Services, by and through their counsel, Lundy, Flitter, Beldecos & Berger, P.C. and Caldwell & Kearns, hereby submit the following responses to Defendants' Preliminary Objections. 1. Admitted. 2. The allegations of Paragraph 2 seek to characterize a written document which speaks for itself. Same are therefore denied. 3. The allegations of Paragraph 3 seek to characterize a written document which speaks for itself. Same are therefore denied. 4. The allegations of Paragraph 4 seek to characterize a written document which speaks for itself. Same are therefore denied. FIRST OBJECTION - Specificity 5. No response required. 6. Denied as a conclusion of law to which no response is required. By way of further answer, Plaintiff is not seeking the recovery of special damages. 7. Denied as a conclusion of law to which no response is required. By way of further answer, Plaintiff is not seeking the recovery of special damages and therefore this rule is inapplicable. 8. The allegations of Paragraph 8 seek to characterize a written document which speaks for itself. Same are therefore denied. By way of further answer, it is admitted that Plaintiff is seeking to recover lost profits for Defendants' premature termination of Plaintiff's Billing Services Agreement. 9. The allegations of Paragraph 9 seek to characterize a written document which speaks for itself. Same are therefore denied. By way of further answer, it is admitted that Plaintiff is entitled to recover its lost profit as a consequence of the Defendants' premature termination of the Billing Services Agreement. 10. The allegations of Paragraph 10 seek to characterize a written document which speaks for itself. Same are therefore denied. By way of further answer, it is admitted that Plaintiff seeks to recover lost profits as a consequence of Defendants' premature 2 termination of the Billing Services Agreement as well as unpaid past-due invoices and other damages to which it may be entitled. 11. Denied as a conclusion of law to which no response required. By way of further answer, lost profits are not special damages in a breach of contract case. Special damages are damages which are not the usual and ordinary consequence of the wrong. Thus, we must look at the claim to determine whether the damages requested are "special." Lost profits are the usual and common damage resulting from the premature termination of a contract. Defendants never allege, but only imply, that lost profits are special damages. However, Defendants' preliminary objections (lack of specificity in pleading "special" damages) would require this court to find that lost profits are special damages. Such is not the law. Further, in the case of special damages, the pleader need only plead the facts giving rise to the damages - not the amount of damages. Finally, future damages to arise from a defendant's refusal to honor its contract need not be pled. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendants' Preliminary Objections. SECOND OBJECTION - Demurrer 12. No response required. 13. The allegations of Paragraph 13 seek to characterize a written document which speaks for itself, same are therefore denied. 14. Admitted. 15. Denied. Plaintiff attached the Billing Services Agreement which contains Paragraph 5(g) which states "[i]n the event of a failure by Subscriber to pay fees due CBS by Subscriber, it is agreed that all reasonable attorney and court costs incurred by CBS in the 3 collection of those fees due shall be immediately paid by subscriber." (Billing Services Agreement at ¶ 5(g)). It is not required that the contractual provision be cited in the complaint under any rule of pleading and it was expected that Defendants' counsel would read the contract and gain an understanding of the claims before burdening the Court with meritless motion practice and increasing the costs that may ultimately be borne by her clients. 16. Denied as a conclusion of law to which no response is required. By way of further answer, as explained above, there is a contractual provision for attorneys' fees that Defendants' counsel could have easily located. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendants' Preliminary Objections. THIRD OBJECTION - Demurrer 17. No response required. 18. The allegations of Paragraph 18 seek to characterize a written document which speaks for itself. Same are therefore denied it. By way of further answer, the claim for unjust enrichment is pled in the alternative as Plaintiff is entitled to do. If Defendants are willing to stipulate to the existence of an enforceable contractual agreement between the Plaintiff and the Defendants as pled in Plaintiff's earlier counts, then Plaintiff will abandon its unjust enrichment claim. However, as long as the possibility exists that Defendants will deny the existence of an enforceable contract, then the court cannot say with certainty that the law would not permit any recovery. 19. Defendants contend that Plaintiff must "demonstrate" (i.e. prove) certain elements of an unjust enrichment claim. That is a test for prevailing, not pleading. For 4 support, Defendants cite the Temple v. Health Care Management case. That case concerns an appeal from the refusal to grant the defendant's Motion for Post-trial Relief claiming that Temple did not prove unjust enrichment. Presently before the Court are Preliminary Objections. The standard is entirely different and the question is whether the Plaintiff has properly stated a claim for unjust enrichment, i.e. whether it appears that with certainty that the law would not permit any recovery when accepting all of Plaintiff's well-plead material facts and any inferences reasonably deducible therefrom as true. 20. The allegations of Paragraph 20 seek to characterize a written document which speaks for itself. Same are therefore denied. 21. The allegations of Paragraph 21 seek to characterize a written document which speaks for itself. Same are therefore denied. 22. The allegations of Paragraph 22 seek to characterize a written document which speaks for itself. Same are therefore denied. 23. Denied as a conclusion of law to which no response required. By way of further answer, it is acceptable and routine for Unjust Enrichment to be pled as an alternative to a Breach of Contract claim. Indeed, it could be malpractice not to do so as Defendants routinely deny the existence of an enforceable contract. If, however, Defendants agree to stipulate that all Defendants are bound by enforceable contracts as alleged by Plaintiff, Plaintiff will abandon the Unjust Enrichment claim. 24. Denied as a conclusion of law to which no response required. By way of further answer, unless the Defendants stipulate to the existence of enforceable agreements between Plaintiff and all Defendants, Plaintiff's alternative claim for Unjust Enrichment is viable. Further, in reviewing a demurrer under the appropriate standard - whether the 5 court can say with certainty that the law will not permit recovery -the court is not directed to review alternatively pled counts and consider their effect on the challenged count. The theory advanced by the Defendants is not part of the test for determining a demurrer. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendants' Preliminary Objections. LUNDY, FLITTER, BELDECOS & BERGER, P.C. Date: ` ZG7 r? ? By: ERIC C. MILBY CALDWELL & KEARNS By: JAMES L. GOLDSMITH, ESQUIRE Attorney I.D. No. 27115 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: ERIC C. MILBY, ESQUIRE Attorney I.D. No. 80769 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0773 ---------- ---------------------------------------- CONSOLIDATED BILLING SERVICES Plaintiff v. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC, and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C. Defendants -------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-689 CERTIFICATE OF SERVICE I, Eric C. Milby, Esquire, hereby certify that a true and correct copy of foregoing Response to Defendants' Preliminary Objections was served this date upon the following parties by first class mail, postage prepaid: Nicole L. Borda, Esquire Buchanan, Ingersoll & Rooney, P.C. 213 Market Street, Third Floor Harrisburg, PA 17101-2121 Date: - l ` ERIC C. MILBY Q Al ? ? T SHERIFF'S RETURN - REGULAR CASE NO: 2007-00689 P COMMONWEALTH OF PENNSYLVANIA: A OOUNTY OF CUMBERLAND ICONSOLIDATED BILLING SERVICES VS CENTRAL PA PULMONARY ASSOC ETC GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES LLC the DEFENDANT , at 1516:00 HOURS, on the 7th day of February-, 2007 at 2250 MILLENNIUM WAY SUITE 400 ENOLA, PA 17024 by handing to DONNA PATSIOPOULOS, MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 ?? . Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20 02/08/2007 p6-D' CALDWELL & KEARNS Sworn and Subscibed to By: before me this day Deputy S iff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00689 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND r CONSOLIDATED BILLING SERVICES VS CENTRAL PA PULMONARY ASSOC ETC GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA the DEFENDANT , at 1516:00 HOURS, on the 7th day of February-, 2007 at 2250 MILLENNIUM WAY SUITE 400 ENOLA, PA 17024 DONNA PATSIOPOULOS. MANAGER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 ? 02/08/2007 CALDWELL & KEARNS By: day Deputy S iff of A. D. .? 1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CONSOLIDATED BILLING SERVICES 8701-D West Chester Pike Upper Darby, PA 19082-1115 Plaintiff V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC 2250 Millennium Way, Suite 400 Enola, PA 17024 and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C. 2250 Millennium Way, Suite 400 Enola, PA 17024 Defendants -------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-689 CIVIL TERM Matter to be argued: Preliminary Objections of Defendant to Plaintiff's Complaint. 2. Identify counsel who will argue cases: (a) for Plaintiff: James P.Barker, Esquire CALDWELL & KEARNS, PC 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (b) for Defendant: Nicole L. Borda, Esquire BUCHANAN, INGERSONLL & ROONEY, PC 213 Market Street, Third Floor Harrisburg, PA 17101-2121 (717) 237-0852 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: l i Si ature Print your name Date: . % August 15, 2007 Attorney for Plaintiff Consolidate Billing Services 07033-001/114446 n, r-ZI O f-T, t, tsar _ of PLEAS OF CONSOLIDATED BILLING SERVICES, : IN THE COURT OF COMMOt1NNSYLVANIA PLAINTIFF CUMBERLAND COUNTY, P V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC AND SLEEP DISORDER CENTERS OF: CENTRAL PENNSYLVANIA, f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C., DEFENDANTS NA 07-689 CIVIL TERM TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY, J. AND EBERT, J. ORDER OF COURT AND NOW, this 70Wr- day of August, 2007, the pre objections of defendants to plaintiffs complaint, ARE DISMISSED. By the Edgar mes P. Barker, Esquire For Plaintiff , icole L. Borda, Esquire For Defendants sal A c 0? J. ary Lr) ?? wn ??^ ' ' • C?Y? ? t?i CALDWELL & KEARNS By: JAMES L. GOLDSMITH, ESQUIRE Attorney I.D. No. 27115 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: ERIC C. MILBY, ESQUIRE Attorney I.D. No. 80769 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0773 -------------------------------------------------- CONSOLIDATED BILLING SERVICES Plaintiff V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC, and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C. Defendants ------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-689 PRAECIPE TO SETTLE, DISCONTINUE & END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED, and ENDED, upon payment of your costs only. Date: D4V..L? 1"q LUNDY FLITTER BELDECOS & BERGER, P.C. By: ERIC C. MILBY Attorney for Plaintiff CALDWELL & KEARNS By: JAMES L. GOLDSMITH, ESQUIRE Attorney I.D. No. 27115 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: ERIC C. MILBY, ESQUIRE Attorney I.D. No. 80769 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0773 CONSOLIDATED BILLING SERVICES Plaintiff V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC, and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C. Defendants -------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-689 CERTIFICATE OF SERVICE 1, Eric C. Milby, Esquire, hereby certify that a true and correct copy of foregoing Praecipe to Settle, Discontinue, and End was served this date upon the following parties by first class mail, postage prepaid: Nicole L. Borda, Esquire Buchanan, Ingersoll & Rooney, P.C. 213 Market Street, Third Floor Harrisburg, PA 17101-2121 Date: E WC. MILBY 2 --t W CALDWELL & KEARNS By: JAMES L. GOLDSMITH, ESQUIRE Attorney I.D. No. 27115 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: ERIC C. MILBY, ESQUIRE Attorney I.D. No. 80769 450 N. Narberth Avenue Narberth, PA 19072 (610) 668-0773 1------------------------------------------------- CONSOLIDATED BILLING SERVICES Plaintiff V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC, and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C. Defendants ------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-689 REVISED PRAECIPE TO SETTLE, DISCONTINUE & END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED, and ENDED, with prejudice. LUNDY FLITTER BELDECOS & BERGER, P.C. Date: By: 6xt'-, r A4 ERIC C. MILBY Attorney for Plaintiff CALDWELL & KEARNS By: JAMES L. GOLDSMITH, ESQUIRE Attorney I.D. No. 27115 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 LUNDY, FLITTER, BELDECOS & BERGER, P.C. By: ERIC C. MILBY, ESQUIRE Attorney I.D. No. 80769 450 N. Narberth Avenue Narberth, PA 19072 (610)_668-0773 - ------------------------------------- CONSOLIDATED BILLING SERVICES Plaintiff V. CENTRAL PENNSYLVANIA PULMONARY ASSOCIATES, LLC f/k/a TIMOTHY A. CLARK, M.D., LLC, and SLEEP DISORDER CENTERS OF CENTRAL PENNSYLVANIA f/k/a CLARK & SHAHINIAN PULMONARY ASSOCIATES, P.C. Defendants -------------------------------------------------- COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-689 CERTIFICATE OF SERVICE I, Eric C. Milby, Esquire, hereby certify that a true and correct copy of foregoing Revised Praecipe to Settle, Discontinue, and End was served this date upon the following parties by first class mail, postage prepaid: Nicole L. Borda, Esquire Buchanan, Ingersoll & Rooney, P.C. 213 Market Street, Third Floor Harrisburg, PA 17101-2121 Date: I a-O- of - C &41 E WC C. MILBY ? ra ca a `?' Cz ???r. c? .,_. ? ? t : -.a :?? . ? ?:?-; ? tii , .;r c'?l T2 ? ?