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Home My WebLink About07-1119., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Penn's Wood Physical Therapy, LP 419 Stonehedge Drive, Suite 3 Carlisle, PA 17013, Plaintiff V. Merle Mixell, Jr. and Lori Mixell 121 Steelston Road Newville, PA 17241, Defendants NOTICE COMPLAINT No. 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 upon you, by entering a written appearance personally (or by attorney) and by 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 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 Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la cone. Se 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 objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una order 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 MIMEDIATAMENTE. SI 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 Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 4. k COMPLAINT AND NOW, comes Plaintiff, by and through its attorney, Rebecca S. McClure, Esq., and complains against Defendants as follows: Count I 1. The Plaintiff is Penn's Wood Physical Therapy, LP, a limited partnership organized and existing under the laws of the State of Texas and authorized to do business as a foreign limited partnership in Pennsylvania, with a principal place of business at 419 Stonehedge Drive, Suite 3, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants are Merle Mixell, Jr. and Lori Mixell, who are husband and wife and are adult individuals last known to reside at 121 Steelston Road, Newville, Cumberland County, Pennsylvania, 17241. 3. During the period from approximately October 22, 2001 through August 20, 2002 Plaintiff rendered medical services, medical supplies and medications to Defendant Merle Mixell Jr.. 4. Defendant Lori Mixell was the wife of Defendant Merle Mixell, Jr. at the time services were rendered to Defendant Merle Mixell Jr. by Plaintiff. 5. The medical services, medical supplies and medications rendered to Defendant Merle Mixell, Jr. by Plaintiff were necessary medical services. 6. Defendants made several payments to Plaintiff toward the original amount due and owing but stopped making payments in 2006 and have failed to make any further payments to Plaintiff. 7. The balance due and owing to Plaintiff from Defendants as a result of the medical services, medical supplies and medications rendered to Defendants is $12,002.00. Despite repeated requests, Defendants have failed and refused to pay Plaintiff the balance due and owing to Plaintiff of $12,002.00 M 0 8. As a result of said default and Defendants' failure and refusal to pay Plaintiff, the following amounts are due and owing to Plaintiff from Defendants: $12,002.00, plus costs, interest at 6% per annum ($1.97/diem) from the date of judgment. WHEREFORE, Plaintiff Penn's Wood Physical Therapy, LP demands judgment against Defendants Merle Mixell Jr. and Lori Mixell in the amount of $12,002.00, together with 6% per annum ($1.97 per diem) interest, costs, and any and all other relief as the Court deems appropriate Count II 9. Plaintiff incorporates herein by reference each and every allegation set forth in Paragraphs 1 through 8 herein. 10. As a result of the aforementioned, Defendants have become unjustly enriched and received the benefits of Plaintiffs said goods, merchandise, and services without paying for same in the remaining balance of $12,002.00 plus 6% per annum ($1.97diem) interest and costs, which are the fair, reasonable, and market charges for said goods, merchandise, and services provided by Plaintiff to and upon the request of Defendants, and which remain unpaid despite Plaintiffs demand for payment. WHEREFORE, Plaintiff Penn's Wood Physical Therapy, LP demands judgment against Defendants Merle Mixell Jr. and Lori Mixell in the amount of $12,002.00, together with 6% per annum ($1.97 per diem) interest, costs, and any and all other relief as the Court deems appropriate. Count III 11. Plaintiff incorporates herein by reference each and every allegation set forth in Paragraphs 1 through 10 herein. AL 12. Because Defendant Lori Mixell was the wife of Defendant Merle Mixell, Jr. at the time the necessary medical services, medical supplies and medications were rendered to him by Plaintiff, Defendant Lori Mixell is liable to Plaintiff along with Defendant Merle Mixell, Jr. for payment of the medical costs and expenses resulting from said services. WHEREFORE, Plaintiff Penn's Wood Physical Therapy, LP demands judgment against Defendants Merle Mixell Jr. and Lori Mixell in the amount of $12,002.00, together with 6% per annum ($1.97 per diem) interest, costs, and any and all other relief as the Court deems appropriate i e c a S. Mcd . #46662) Attorney for Plaintiff P.O. Box 64 Mountville, PA 17554 (717) 285-7172 /' VERIFICATION I, Ronald Greenway, a Partner and Director of Plaintiff Penn's Wood Physical Therapy, LP, hereby verify and affirm that that the averments set forth in this Complaint are true and correct to the best of my knowledge, information and belief, and that I am a Partner of Penn's Wood Physical Therapy, LP and have been duly appointed and authorized to execute this verification on its behalf. 29?? Date r Ronald Gree , Partn Penn's Wo hysical Therapy, LP 419 Stonehedge Drive, Suite 3 Carlisle, PA 17013 DO tk C, a fe.7 rrt co N 00 "C7 C..7 f.+J W -n ? C'i 0 V) L PENN'S WOOD PHYSICAL THERAPY, LP, Plaintiff VS. MERLE MIXELL, JR. and LORI MIXELL Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1119 CIVIL TERM ANSWER TO COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Defendant, Merle Mixell, Jr. is without sufficient knowledge or information to form a belief as to the truth of the averment set forth in paragraph 5 and they are, therefore, denied. It is further averred that Defendant believes these were not "necessary medical services" in that they are medical services which the Defendant would not have accepted had he ever been advised that is was his personal obligation to pay for those services, as throughout the period that the services were rendered Plaintiff's agents advised him these services were covered by his Worker's Compensation carrier. 6. Admitted in part and denied in part. It is admitted that the Defendant made several payments to the Plaintiff toward the original amount due. It is denied that Defendants have ever stopped making payments in 2006 or otherwise. It is further denied that the Defendants have failed to make further payments to the Plaintiff. It is averred, rather, that Plaintiff's claimed representative, Peerless Credit Services, Inc., reached an agreement with Defendants for Defendants to pay $20.00 per month on this outstanding bill for which he made payment monthly since March 6, 2006. It is further averred that Plaintiffs have now refused to accept payments, even though they continue to be made on a monthly basis. 7. Denied. It is denied that the balance due and owing to Plaintiff from Defendants as a result of medical services, medical supplies and medications rendered to Defendants is $12,002.00. It is denied that Plaintiff has made repeated requests of Defendants to make payment on the said balance. It is further averred that until this Complaint was filed by Plaintiff, Defendants had never been notified by Plaintiff of any financial obligation whatsoever to Plaintiff. It is further averred that prior to the initiation of litigation in this matter, the only contact that Defendants ever had was from a collection company professing to represent Plaintiff. It is further averred that even the contact from the collection agency professing to represent the Plaintiff was initiated more than three years after the claimed services had been rendered. 8. Denied. It is denied that as a result of default or Defendants' failure and refusal to pay, that any amount is due to the Plaintiff from Defendants. It is further denied that there is any basis to collect 6% interest on the judgment claimed. WHEREFORE, Defendants request your Honorable Court to dismiss Plaintiff's Complaint. COUNT II 9. Defendants' answers to paragraphs 1 through 8 above are incorporated herein by reference as if set forth in their full text. 10. Denied. It is denied that Defendants have been unjustly enriched. It is denied that Defendants have received the benefits of Plaintiffs goods, merchandise and services without paying for same. It is denied that the balance of $12,002.00 is 4 due in this matter. It is denied that there is a basis to claim interest on the claimed debt due. It is denied that the claimed amount due is the fair and reasonable market charges for the goods, merchandise and services provided. WHEREFORE, Defendants request your Honorable Court to dismiss Plaintiff's Complaint. COUNT III 11. Defendants' answers to paragraphs 1 through 10 above are incorporated herein by reference as if set forth in their full text. 12. Denied. It is denied that the Defendant, Lori Mixell, is liable to Plaintiff for any amounts claimed. It is denied that Defendant, Merle Mixell, Jr., is liable for any amounts claimed. WHEREFORE, Defendants request your Honorable Court to dismiss Plaintiff's Complaint. Respectfully submitted, Griffie , Esquire 4tom$evy for Defendants Z s 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 t I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: L G RLE MIXELL, JR. I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ' A'V?Q'WARIE M LL c7 ?' C.-? ?:..? C? -n ?_ r _.? ,... _ - ' ? -.- r-n t ? - Cr3 _t {-? ; ? ? C?) . _ _.. ,. i --- .? ;-G N 7 M PENN'S WOOD PHYSICAL IN THE COURT OF COMMON PLEASE OF THERAPY, LP, CUMBERLAND COUNTY, PENNYSLVANIA Plaintiff, V. : MERLE MIXELL, JR. and NO. 071119 CIVIL TERM LORI MIXELL Defendants PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONRABLE, THE JUDGES OF SAID COURT: Bradley L. Griffie, Esquire, counsel for the Defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $12,002.00. The counterclaim of the Defendant in the action is $.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Rebecca S. McClure, Esquire, PO Box 64, Mountville, PA 17554. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. fe, Esquire f? °for Petitioner 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 ORDER OF COURT AND NOW, , 2007, in consideration of the foregoing Petition, Esq., and Esq. and Esq., are appointed arbitrators in the above captioned action (or actions)as prayed for. By the Court, J. PENN'S WOOD PHYSICAL IN THE COURT OF COMMON PLEASE OF THERAPY, LP, CUMBERLAND COUNTY, PENNYSLVANIA Plaintiff, V. MERLE MIXELL, JR. and NO. 071119 CIVIL TERM LORI MIXELL Defendants CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the _9 day of April, 2007, cause a copy of Defendant's Petition for Appointment of Arbitrator to be served upon Rebecca S. McClure, Esquire by first-class mail, postage prepaid at the following addresses: Rebecca S. McClure, Esquire PO Box 64 Mountville, PA 17554 ?J DATE: tariff e, Esquire i 6rney for Defendant 'GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 _.??, ?'? `+1. ?.1 F ?? PENN'S WOOD PHYSICAL THERAPY, LP, Plaintiff, V. MERLE MIXELL, JR. and LORI MIXELL Defendants IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNYSLVANIA : NO. 071119 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONRABLE, THE JUDGES OF SAID COURT: Bradley L. Griffie, Esquire, counsel for the Defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $12,002.00. The counterclaim of the Defendant in the action is $.00. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Rebecca S. McClure, Esquire, PO Box 64, Mountville, PA 17554. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. riffie, Esquire Petitioner r Han over Street FortN?h0 Carlisle, PA 17013 (717)243-5551 (800)347-5552 r A NOW, it 2 P tition, Esq., Esq., captio d action (or a ons)as prayed for. ORDER OF COURT 007, in con ideration .,of the foregoing and i? is I k?.o,7 Esq. and are a point 4bitrators in the above By the Court,'. J. cop tee 5. IV- ?I ? ti? SHERIFF'S RETURN - REGULAR ^SE NO: 2007-01119 P # COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENN'S WOOD PHYSICAL THERAPY VS MIXELL MERLE JR ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MIXELL MERLE JR the DEFENDANT , at 2005:00 HOURS, on the 13th day of March 2007 at 121 STEELSTOWN ROAD NEWVILLE, PA 17241 by handing to MERLE MIXELL JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Postage .63 Surcharge 10.00 .00 3??4?b`I? 40.15 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/14/2007 REBECCA MCCLURE By: A. D. SHERIFF'S RETURN - REGULAR ,4kSE NO: 2007-01119 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENN'S WOOD PHYSICAL THERAPY VS MIXELL MERLE JR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MTXRT,T. T,nRT the DEFENDANT , at 2005:00 HOURS, on the 13th day of March at 121 STEELSTOWN ROAD NEWVILLE, PA 17241 by handing to MERLE MIXELL JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 3J?)o7 16.00 Sworn and Subscibed to before me this of So Answers : 9 R. Thomas Kline 03/14/2007 REBECCA MCCLURE A. D. 2007 By. day D p y e iff Penn's Wood Physical Therapy Plaintiff Merle Mixell, Jr., and Lori Mixell In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 -1119 Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. (Ij '?Iel( Signature ?-' Sigma Signature V Daniel K. Deardorff Name (Chairman) MARTSON LAW OFFICES Law Firm 10 East High Street Address Carlisle 17013 City, zip # 11783 Lesley J. Beam Name op I e-* Law Firm 4660 Trindle Road Address Suite 201 Camp Hill 17011 City, zip t /6573 Kelly McNaney Dick Name ?? ?'?,?pRdO" ``?L''} Law Firm 875 Market Street Address Lemoyne 17043 City, zip ward ! ! 7 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) We find in favor of Plaintiff Penn's Wood Physical Therapy and against Defendant Merle Mixell, Jr., ONLY in the amount kp 4wtmo1 of $5,977.65. The claim against Lori Mixell is dismissed. . Arbitrator, dissents. (Insert name if applicable.) Y Date of Hearing: July 10, 2007 ??'?"', I•c?6 ante I^ D e r o f (Chairman) Date of Award: July 10, 2007 -he y e e : ey are is ???CU lJ i? l FEZ ?r NGtIce of Ent. y of ?y? 'ard Now, the day of JD)V at 8:1( , A IVI., the above award ,,? entered upon the docket and notice there f given by mail to the pS pies or their attcrneys. io be paid azpea1: S 350.00 By: honotary Deputy ' ?/ Y Mot 'tIVIf 7?b elal ?- 1101 ?oloti ,I OVA bit r-Zp v _ -?:t or N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYo FUINMVANIA CFVIL ACTION-4AW Penn's Wood Physical Therapy, LP 419 Stonehedge Drive, Suite 3 Carlisle, PA 17013, plaintiff Docket No. 07-1119 V. Merle Mixell, Jr. 121 Steelston Road Newville, PA 17241, Defendant PRAECIPE TO ENTER JUDMENT ON THE AWARD OF ARBITRATORS TO THE PROTHONOTARY: Entet judgment on the Award of Arbitrators that was enhnd on July 17, 2#10'1' in favor of Plaintiff Penn's Wood Physical Therapy, LP and against Defendant M e Mixell, Jr. in the amount of $5,977.65. The claim against Lori Mixell was dismissed. ,,? , P. 1* Attorney for Plaintiff f). Box ?McClu ?j Box 64 Mountville, PA 17554 (717)285-7172 Attorney I.D. Number 46662 ENTRY OF R JDGRENT AND NOW, this fwd day of 2007 just has been entered as dnrefed-above OTHONOTARY r N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Penn's Wood Physical Therapy, LP 419 Stonehedge Drive, Suite 3 Carlisle, PA 17013, Plaintiff Docket No. 07-1119 V. Merle Mixell, Jr. 121 Steelston Road . Newville, PA 17241, Defendant PRAECIPE TO ENTER JUDMENT ON THE AWARD OF ARBITRATORS TO THE PROTHONOTARY: Enter judgment on the Award of Arbitrators that was entered on July 17, 2007 in favor of Plaintiff Penn's Wood Physical Therapy, LP and against Defendant Merle Mixell, Jr. in the amount of $5,977.65. The claim against Lori Mixell was dismissed. ENTRY OF JUDGMENT AND NOW, this OU J day of ug 2007 judgment has been entered as directed above. PROTHONOTARY Po &M 104 Poo0vige- PA /7Z4 k R-LI ' VT ?4R77'+?7F?+ -?C IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PA CIVIL ACTION -- LAW PENN, S WOODS PHYSICAL THERAPY, L;P 419 Stonehedge Drive, Suite 3 Carlisle, PA 17013, Plaintiff, . V. DOCKET NO. 07-1119 MERLE NUXELL, Jr. 121 Steelston Road Newville, PA 17241, Defendant. PRAECIPE TO SETTLE, SATISFY & DISCONTINUE TO THE PROTHONOTARY: Please mark the above matter settled, ended, discontinued, and costs paid. •f-7 /09 Date Rebecca S. McClure, Attorney for Plaintiff P.O. Box 64, Mountville, PA 17554 Telephone Number: 717-28.5-7172 Supreme Court ID # 46662 SATISFACTIONMISCONTINUANCE CERTIFICATE AND NOW, suit has been marked as above directed. PROTHONOTARY { c °`w o