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Home My WebLink About02-5936CARLISLE AREA HEALTH AND WELLNESS FOUNDATION and CARLISLE HEALTH SERVICES CORPORATION, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NCO FINANCIAL SYSTEMS, INC., a Pennsylvania corporation, S1MPLA-PLEX, INC., a Texas corporation, and GREEN VALLEY TECHNOLOGY, INC., a Delaware corporation, Defendants 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 (~__~ORFF WILLIAMS & Ivo V. Otto, III, Esquire PA Attorney ID No. 27763 Cad C. Risch, Esquire PA Attorney ID No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs OTTO Date: December 13, 2002 CARLISLE AREA HEALTH AND WELLNESS FOUNDATION and CARLISLE HEALTH SERVICES CORPORATION Plaintiffs NCO FiNANCIAL SYSTEMS, iNC., a Pennsylvania corporation, SIMPLA-PLEX, 1NC., a Texas corporation, and GREEN VALLEY TECHNOLOGY, INC., a Delaware corporation, Defendants iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, come the Plaintiffs, Carlisle Area Health and Wellness Foundation and Carlisle Health Services Corporation, by and through their attorneys, Martson Deardon°f Williams & Otto, and hereby aver as follows: 1. Plaintiff Carlisle Area Health and Wellness Foundation (CAHWF) is a nonprofit, non-stock corporation incorporated under the laws of the Commonwealth of Pennsylvania with its place of business at 274 Wilson Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Plaintiff CAHWF was formerly known as Carlisle Hospital and Health Services, which changed its name to the Carlisle Area Health and Wellness Foundation effective June 19, 2001. 3. Plaintiff Carlisle Health Services Corporation (CHSC) is a nonprofit, non-stock corporation incorporated under the laws of the Commonwealth of Pennsylvania with its place of business at 274 Wilson Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. PlaintiffCHSC was formerly known as the Carlisle Hospital, which changed its name to the Carlisle Health Services Corporation effective June 19, 2001. 5. Defendant NCO Financial Systems, Inc. is a Pennsylvania corporation having a registered address and place of business at 507 Prudential Road, Horsham, Montgomery County, Pennsylvania 19044. 6. Defendant Simpla-Plex, Inc., also known as Simpla-Plex Consulting, is a Texas corporation having a place of business at 9400 MacArthur Boulevard, Suite 124, Irving, Texas 75063. 7. Defendant Green Valley Technology, Inc. is a Delaware corporation having a place of business at 3575 Lone Star Circle, Justin, Texas 76247, and a Delaware registered address at c/o Harvard Business Services, Inc., 25 Greystone Manor, Lewes, Delaware 19958. 8. On March 1, 2002, Defendant NCO Financial Systems, Inc., as agent for Defendants Simpla-Plex, Inc. and Green Valley Technology, Inc., demanded payment from Carlisle Hospital in the amount of $132,443.02 for services performed in Carlisle, Cumberland County, Pennsylvania. A copy of the demand letter sent to and received by Plaintiff in Carlisle, Cumberland County, Pennsylvania, is attached hereto as Exhibit "A." 9. This demand stems from a claim by Defendant Green Valley Technology, Inc. that it had acquired accounts receivable of CIC Corp, a previous vendor of Carlisle Hospital, and that Defendants Simpla-Plex, Inc. and NCO Financial Systems, Inc. are empowered to collect these amounts on behalf of Defendant Green Valley Technology, Inc. 10. Plaintiff is not indebted to any of the Defendants, CIC Corp, or any successor in interest to CIC Corp, for services provided in Carlisle, Cumberland County, Pennsylvania, by CIC Corp, and described by Defendants as "accounts receivable." 11. Because Defendants are demanding payment from Plaintiffto which the Defendants are not entitled and have threatened litigation, there exists an imminent and inevitable case or controversy between the parties entitling this Court to determine the legal fights between the parties. 12. This action is an action for declaratory judgment pursuant to 42 Pa.C.S. § 7531 et seq., for the purposes of determining whether Plaintiff is indebted to Defendants for amounts allegedly owed to CIC Corp as accounts receivable. WHEREFORE, Plaintiff requests that this Court enter a Declaratory Judgment that Plaintiff is not indebted to Defendants in the amount orS132,443.02 under accounts receivable ofCIC Corp, and grant such other and further relief as may be proper. MARTSON DEARDORFF WILLIAMS & OTTO Ivo V. Otto, III, Esquire PA Attorney I.D. No. 27763 Cad C. Risch, Esquire PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: December 13, 2002 NCO Financial Systems, Inc. 8625 S. W. Cascade Blvd. Suite 300 Beaverton, Oregon 97005 Return Service Requested NCO Financial Systems, Inc. Commercial Services Division March 01, 2002 Carlisle Hospital 246 Parker St. Carlisle, PA 17013 v~C CORP RE: Simp!aP!ex, Inc. ~r . Carlisle Hospital REF %: Referred Balance: Present Balance : $132,443.02 $132,443.02 Dear AP: We have completed our preliminary Asset and Liability Investi- gation on your firm for the benefit of our client. Naturally, it would benefit you if litigation by our client could be circumvented. I strongly recommend that you give this matter your full attention. I will forward my file 45 hours to allow you an opportunity to remit balance in full or contact my office to negotiate an amicable agreement. Please be guided accordingly- Sincerely, Dan O'Bannon L3/957623 '93082/18/053/ /0o0/07 Remit all payments to: PiO. Box 8864; Metairiei Louisiana 70010 NCO Financial Systems, Inc. VERIFICATION William R. Keen, who is Chairman of the Board of Trustees of the Carlisle Area Health and Wellness Foundation and acknowledges that he has the authority to execute this Verification on behalf of the Carlisle Area Health and Wellness Foundation certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is of counsel and not my own. I have read the document and to the extend that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief To the extent that the content of the document is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, which provides that ifI make knowingly false averments, I may be subject to criminal penalties. F:WILES\DATAFILE'~IOSPrrAL.DOC\1058.graecipesetvice Created: 02/25/9g 12:52:59 PM Revised: 12/23/02 09:51:22 AM CARLISLE AREA HEALTH AND WELLNESS FOUNDATION and CARLISLE HEALTH SERVICES CORPORATION, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NCO FINANCIAL SYSTEMS, INC., a Pennsylvania corporation, SIMPLA-PLEX, INC., a Texas corporation, and GREEN VALLEY TECHNOLOGY, INC., a Delaware corporation, Defendants NO. 02-5936 PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE I hereby certify that a copy of the Complaint was mailted to SIMPLA-PLEX, INC. and GREEN VALLEY TECHNOLOGY, INC. on December 13, :2002, by certified mail, restricted delivery, return receipt requested. Attached are the Post Office return receipts signed and dated as follows: (1) Receipt of SIMPLA-PLEX, INC.: December 16, 2002; (2) Receipt of Green Valley Technology, Inc. by Delaware registered agent: December 17, 2002; and (3) Receipt of Green Valley Technology, Inc. at its place of business in Texas: December 17, 2002. Date: December 23, 2002 BI~ iyAI~~~'I~FF~,~[~ l/-~ WILLIAMS & OTTO Ivo¥. Otto, III, Esquire PA Attorney I.D. No. 27763 Carl C. Risch, Esquire PA Attorney ID. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Pi~intiffs · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I-I Agent D. Is delivery address different from item 17 If YES, enter delivery address below: I-I No 3. Sewice Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) E] Yes 2. ~tio~eN.~mml~._ 7002 0860 0001 5850 136& -- (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 · )lete items 1, 2, and 3. Also complete 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 91 ~ - k .~' O~ ~ Insu~ Mail 2. ~icle Number ~ansfer f~m se~ice ~ ~ ~ 7002 0860 P~ Form 381 1, August 2001 Domestic Return R~eipt [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 0000 1075 8:152 102595-02-M-0835 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. S~~____~t~J [~r'~gent X "'-'-'"' [-] Addressee B. Received by (Pried Nan~) I C. Date of Delivery D. Is d~livery addr~ di~erent from item 1 ? [-I Yes If YES, enter delivery address below: ['3 No I 3. Service Type I .l~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [-I Yes 2. Article Number (Transfer.from service label) 7002 0860 0001 5850 1351 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 CARLISLE AREA HEALTH AND WELLNESS FOUNDATION, and CARLISLE HEALTH SERVICES CORPORATION, Plaimiffs Mo NCO FINANCIAL SYSTEMS, INC., a Pennsylvania Corporation, SIMPLA-PLEX INC., a Texas Corporation and GREEN VALLEY TECHNOLOGY, INC., a Delaware Corporation, Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CWIL ACTION LAW : .. · NO.: 02-5936 CWIL TERM ENTRY OF APPEARANCE_ Kindly enter the appearance of the undersigned on behalf of Defendant, NCO Financial Systems, Inc. in the above referenced matter· DATE: BY: Respectfully Submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN NO: 8.1085 0 Crams Mill Road, Suite B Harrisburg, PA 17112 (717) 651.-3504 Attorney Jbr NCO Financial Systems, Inc. ~05_A [COMPklRM~LLPG~ I134 30iCYW~1412 5150000 CARLISLE AREA HEALTH AND WELLNESS FOUNDATION, and CARLISLE HEALTH SERVICES CORPORATION, Plaintiffs NCO FINANCIAL SYSTEMS, INC., a Pennsylvania Corporation, SIMPLA-PLEX INC., a Texas Corporation and GREEN VALLEY TECHNOLOGY, INC., a Delaware Corporation, Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION LAW · NO.: 02-5936 CIVIL TERM CERTIFICATE OF SERVIC[i I, Cherri M. Whitson, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on thisqlr~ day of January 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Ivo V. Otto, III, Esquire Martson, Deardorff, Williams & Otto 10 E. High Street Carlisle, PA 17013 ~Ch~~' M. whitson \05_A\COMP'xJRM\LLPG\I 1343 I\CYWM 4125'x50000 SHERIFF'S RETURN - OUT OF COUNTY CA~E NO: 2002-05936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE AREA HEALTH & WELLNES VS NCO FINANCIAL SYSTEMS INC ET R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: NCO FINANCIAL SYSTEMS INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 7th , 2003 , this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing Out of County Surcharge Dep Montgomery Co 18.00 9.00 10.00 33.00 .00 70.00 01/07/2003 MDW&O SO answer~s~:~-~ ~ ~<%' J-~ R.~Th6mas Kl~ne / Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of ~~ ~3 A.D. / ] Prothonotary R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Deputy TO: Montgomery County Sheriff RE: Carlisle Area Hea~th and Wellness Foundation et al VS NCO Financial Systems Inc et al 02-5936 civil Dear Sir: Enclosed please find Notice and Cc~,,plaint tobeservedupon NCO Financial Systems Inc 507 P~udential Road Horsham, PA 19044 in your County. Kindly make service thereof and send us your return of service. Enclosed is the a~_anc~nt which you requested. ,~r,,~-. ,! c;:,~.'~O /Y. bC'l, ur,'~'~, '"~'" ~~ _ ~ R. ~om~ ~ine, Sheriff " '~ Cmberland Com~, Pemxsylv~ia In The Court of Common Pleas of Cumberland County, Pennsylvania Carlisle Area Health and Wellness Foundation et al VS. Nco Financial Systems, Inc et al 02 5936 civil sSERVE: same No. Now, December 18, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Mont§omery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ~, 20 ., at o'clock M. served the upon by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ., 20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN PROTHONOTARY Y- 6279 DEFENDANT: NCO Financial Systems, Inc. DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Mariann Amstrong RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: Dec. 27, 2002 ~ 07:23 LOCATION: 507 Prudential Blvd., Horsham, PA Dec. 31, 2002 Notary Public Sheriff of Montgomery County Deputy Sheriff Boyle CARLISLE AREA HEALTH AND WELLNESS FOUNDATION, and CARLISLE HEALTH SERVICES CORPORATION, Plaintiffs NCO FINANCIAL SYSTEMS, INC., a Pennsylvania Corporation, SIMPLA-PLEX INC., a Texas Corporation and GREEN VALLEY TECHNOLOGY, INC., a Delaware Corporation, Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION LAW : · NO.: 02-5936 CIVIL TERM : ENTRY OF APPEARANCE Kindly enter the appearance of the undersigned on behalt' of Defendants, NCO Financial Systems, Inc., and Simpla-Plex, Inc. in the above referenced matter· Respectfully Submitted, MARSI-IALL, DENNEItEY, WARNER, COLEMAN & GOGGIN DATE: 105_A ICOMPtJRMILLPGII I 3430[CYWli 4125150000 BY: _~E.M~--- URPHY, ESQUIRE . o: Sl0S5 4200'~a~ns Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3504 Attorney forDefendants, NCO Financial Systems, Inc. and Simpla-Plex, Inc. CARLISLE AREA HEALTH AND WELLNESS FOUNDATION, and CARLISLE HEALTH SERVICES CORPORATION, Plaintiffs Vo NCO FINANCIAL SYSTEMS, INC., a Pennsylvania Corporation, SIMPLA-PLEX INC., a Texas Corporation and GREEN VALLEY TECHNOLOGY, INC., a Delaware Corporation, Defendants · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION LAW ; · NO.: 02-5936 CIVIL TERM CERTIFICATE OF SERVICE I, Cherri M. Whitson, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this [~ __ day of January 2003, served a copy of the foregoing document via First Class United States mail, postage prepaid as fi)llows: Ivo V. Otto, III, Esquire Martson, Deardorff, Williams & Otto 10 E. High Street Carlisle, PA 17013 Cherri M. Whitson \05_A\COMP~JRM\LLPG\ 113431 \CYW~ 14125~50000 F:\FILE S'~DATAFILE~IOSP1TAL.DOC\ 1058.discontinuanc~ Created: 02/25/98 12:52:59 PM Revised: 02/27/03 08:40:51 AM CARLISLE AREA HEALTH AND WELLNESS FOUNDATION and CARLISLE HEALTH SERVICES CORPORATION, Plaintiffs NCO FINANCIAL SYSTEMS, INC., a Pennsylvania corporation, SIMPLA-PLEX, INC., a Texas corporation, and GREEN VALLEY TECHNOLOGY, INC., a Delaware corporation, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5936 TO: PRAECIPE TO SETTLE AND DISCONTINUE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Please mark the above captioned case settled and discontinued. Date: February 27, 2003 yARTS~WILLIAMS Ivo V. Otto, III, Esquire PA Attorney I.D. No. 27763 Carl C. Risch, Esquire PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs & OTTO CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certify that I served the above Praecipe by first class mail as follows: Justin E. Murphy, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crum Mill Road, Suite B Harrisburg, PA 17112 Michelle A. Heurtin, Esquire Sessions Fishman & Nathan LLP Lakeway Two, Suite 350 3850 North Causeway Boulevard Metarie, LA 70002-1752 Mr. Edwin G. Pickett Green Valley Technology, Inc. Suite 200 3575 Lone Star Circle Justin, TX 76247 Car~h' Dated: February 27, 2003