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Home My WebLink About01-1479 FX ,...'^,,".-_o_ " ,0.'. ,~,_, . ,_."__~ u~' ".. . '-~'"~~-"-.~"~ .~ " "':: GRANDVIEW SURGICAL & LASER CENTER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CAROLINE PICKING, NO. 01~1479 CIVIL Defendant v. HEALTHASSURANCE, INC. Additional Defendant OATH 'CIVIL ACTION - LAW l~e do solemnly swear (or affirm) that we will support, obey and defend the Constitution of tae United States and the Cvnstitutio~ of this Common- wealth and that we will discharge the duties of our office with fidelity. Chair:nan " AWARD 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.) applicable. ) . Arb i tra tor, diss en ts . (Ins ert name E Date of HearL~g: Chair:nan :late of Award: NOTICE OF ~y OF AWARD Now, the day of award was entered upon the docket parties or their attorneys. , mc2002, at , .)1., the above and notice "hereof g~ bY-mail to the Arbitrators' compensation to be paid upon appeal: $ Prothonotary 3y: Deputy GRANDVIEW SURGICAL & LASER CENTER, Plaintiff v. CAROLINE PICKING, Defendant v. HEALTHASSURANCE, INC., Additional Defendant '. , ,- ->~- -, i' ~'~"I '-"N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1479 CIVIL CIVIL ACTION - LAW NOTICE OF MEETING OF ARBITARTORS Please take notice that the arbitrators appointed in the above-captioned action will sit for the purpose of their appointment on Wednesday, December 18, 2002 at 11:00 a.m. in the Second Floor Hearing Room of the Old Cumberland County Court House, Carlisle, Pennsylvania. //-IJ-O'l Date -H! je ge II- Jp--tlZ- I)//y iJhr/( }()P;?/!('j TO: 'If) ~j,'Jh5pJ lJIt-rP.J5, Barbara Zimmerman, Esquire 355 N. 21st Street Camp Hill, PA 17011 Arbitrator Charles Zaleski, Esquire 2331 Market Street Camp Hill, PA 17011 Arbitrator Thomas F. Cheffins 1 Courthouse Square Carlisle, PA 17013 Court Administrator r By: B. Craig Black, Esquire Edwin A.D. Schwartz, Esquire McKissock & Hoffman, PC to-S-U. Frsat Et:reet... 511itq ?Q5 Harrisburg, PA -,H lVL I'JI/ iJ Attorney for Defendant G. Edward SChweikert, IV, Esquire Boswell, Tinter, Piccola & Wickersham 315 North Front Street P.O. Box741 Harrisburg, PA 17108-0741 Attorney for Plaintiff :1.0 lftJ D~5/(,1sjolv.l t< /J ?~J Stn7f' YP'i) Dennis R. Sheaffer, Esquire Tucker Arensberg & Swartz 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Attorney for Additional Defendant, Healthassurance, Inc. <.- <-. ~~'__O' ,- ,~, ,.c_=' ,~"",~__._"~ ,p- Y', _~, ,y~-~ ,"';c, ,'-,', -",--'", "~'--', '-..--,' ~, -,- -~,-" ~ - "_. ,'",;.;~,.,,- . ',-;' "', C'-~, , ~ .; ,-"--",,,<~;--,,,,,~-,,,,,,-,,,".,,,'{-A j'"i:"-;i"'-:-o",t",',,,, -i -:;: BOSWELL, TINTNER, PICCOLA & WICKERSHAM COUNSELORS AT LAW LEONARD TINTNER .JEFFREY E. PICCOLA RICHARD 8. WICKERSHAM .JEFFREY R. BOSWELL BRIGID Q. ALFORD G. EDWARD SCHWEIKERT, IV 315 NORTH FRONT STREET E,Q. Box 741 HARRISBURG, PA 17108-0741 (7,171 236~9377 FAX' 1717l 236-9316 btpw@att.n.et WILLIAM D. BOSWELL 1I943-19991 December 12, 2002 William A. Yocum, Esquire 3001 Market Street Camp Hill, P A 17011 RE: Grandview Surgery v. Picking Case No. 01-1479 Civil Cumberland County Court of Common Pleas Dear Mr. Yocum: As you know, the above-referenced case is scheduled for arbitration before you on December 18, 2002, at 11 :00 am. Please be advised that my client, Grandview Surgery, has settled its claim against Defendant Picking and that the arbitration date is no longer required. I will take the necessary steps to discontinue my client's action after all settlement funds have been received. Unless I hear otherwise from you, I will assume that no further action on my part is necessary to cancel the upcoming arbitration, Thank you for your assistance in this matter and should you require any further information, please feel free to contact me, GES/adp cc: B. Craig Black, Esquire Dennis R. Sheaffer, Esquire Charles Zaleski, Esquire Barbara Zimmerman, Esquire ,-' ,I ~ ~-, '.<,,--"_1 , "II*~", GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1479 CNIL }fJX CAROLINE A. PICKING, DEFENDANT v. HEALTHASSURANCE, INC., ADDITIONAL DEFENDANT RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE. THE JUDGES OF SAID COURT: Briaid O. Al fori:!. Esquire. . counsel for the plaintiff/<mfeHdantdn the above action (or actions). respectfully represents that: 1. The above-captioned action (IllOOII:Wms) is ~ at issue. 2. The claim of the plaintiff in the action i~ $ 3 , 2 4 0 . 2 0 The counterclaim of the defendant in tHe action is The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: , Brigid Q. A1{ord/Dennis R; Shaffer/B. Craig Black WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully SUbmitted~ . - ~ Bri~ford, squire ORDER OF COURT AND NOW, ~p~ ,~""'_i_oo"''' , fOregOingpetition.~ Esq., A"AUi/J ~ &oj" "'" ~. (t., ? ~ t<g,';':';' . - ',&oj:, =_ ""~-, "'..- _~.... (m actions) as rayed for. PJ. 'l'URK$30 ,,-' .:..i,~ ~- _~l!ImMli!:,tm~.w;iIl%~j~<lil:tIl;'~illim~"ffi'<fl<~_~;;:fi,h;!j!i,"I~i'mlli-~~'~' ,~-"".~.......~_~~ ~r-"",, VII'#/ilASNN3d )'JJ.Jn08 CWfTl:B8WnO SS,:~ l~d S2 d3S ,0 Al:J\IIONOl'WJdd <~:Hl :lO 301:J;IO-.Q311J ~~ . =.~~~- ~ ,",,- ,,;.. .'-' - ~,,~;-~ " .~, ,.~-~, ,-y, ~LiIlIikl':alaIllM.wi.Jjjjj!iilj .~,~"c,:,,,,,,. ...,... J; e <::) ~ N ~i (/) -l /""l :J:,., ~ -0 m- z~ N '13M; ~. . .c- =")?, Q r=e -,,--!D ~ (\ "" :Po 25=R ~.~ :II: 5<') "- 'P. . m W V. ~ ~ '-- ' \ r- c. ..,... -< -1) ,,) ~ ~ 6"- ~ ,. ,1C " Brigid Q. Alford, Esquire Supreme Court J.D. #38590 BOSWELL. TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg. PA 17108,0741 (71 7) 236-9377 Attorneys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW 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 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 Ave. Carlisle, P A 17013 (800) 990-9108 NOTICIA Le han demandado a usted en la corte, Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de Ie demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus' defensas os sus objeciones a leas -C_,L"r, ., < ,-', ,.' . "'c"';" '-. demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso 0 notificacion y por cualquier queja or alivio que es pedido en la peticion de demanda. Usted peude perder dinero os sus propiedades 0 ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR RAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONE A LA ICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle,PA 17013 (800) 990-9108 ",-" "C--, ' ',-~ , " ,",' ", -, '~ ., . "~"" Brigid Q. Alford, Esquire Supreme Court LD. #38590 BOSWELL. TINTNER, PICCOLA & WICKERSHAM 315N. Front Street PO Box 741 Hanisburg,PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW COMPLAINT Plaintiff, Grandview Surgery & Laser Center, by its attorneys, Brigid Q. Alford, Esquire, and Boswell, Tintner, Piccola & Wickersham, and presents its complaint against Defendant, Caroline A. Picking, as follows: 1. Plaintiff, Grandview Surgery & Laser Center, is a Pennsylvania corporation, with its principal place of business located at 205 Grandview Ave., Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Caroline A. Picking, is an adult individual, currently residing at 6243 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On October 1, 1999, Defendant has surgery at Plaintiff s facility. 4. On October 1, 1999, prior to the commencement of the surgical procedure, Defendant completed a document entitled "Financial Agreement, Assignment of Benefits and Release ofRecord(s)." A copy of this document is attached hereto and identified as Exhibit "A". j,- ~--. " ,,-', .._..c_.,, ',--..-,,< ""< = "' "--, ""','-"-' , ,-~c ,- , " ~~ > if 5. Arnong the information provided to Plaintiff by Defendant on the face of the aforementioned Financial Agreement was a representation that Defendant had medical insurance coverage and that her insurer was Health Assurance. 6. The aforementioned Financial Agreement also stated, in part: I hereby agree, whether I am signing as patient or guarantor, to pay all the sums due the facility at the usual and customary charge the facility, I hereby waive all claims of exemption, Should the account be referred to an attorney or collection agency, I shall pay reasonable attorney's fees and collection expenses whether suit if filed or not. Delinquent accounts and amounts (those not paid within 60 days from the date of service) may bear interest on the unpaid amount to the maximum amount allowed by law. I understand that I am financially responsible for charges not paid within said 60 days and for charges not covered by this assignment. I understand that the facility files for reimbursement from my insurer or other payor as a courtesy, and failure on the part of the insurer to make payment shall not relieve me of my obligation to pay the facility, 7. Following the surgical procedure, Plaintiff filed for reimbursement from Defendant's insurance company, as per information given to it by Defendant. 8. Subsequently, Plaintiff was informed by Health Assurance that Defendant's medical coverage was terminated on September 18, 1999, and that there were no benefits available to reimburse Plaintiff for services provided to Defendant on October I, 1999. 9, On or about July 19, 2000, Plaintiff notified Defendant of the response it had received from Health Assurance, and directed Defendant to pay the balance due. 10. Despite Plaintiff's numerous attempts to collect this amount, including engaging the services of an attorney, Defendant has continuously refused to make payment to Plaintiff for the balance due. '", '" .,,'-~ "-.L __. " , "." --', " ...-.---,'" " .."'.."..""~,~ 11. The current outstanding balance due is $3,240.20, which includes the unpaid medical bill of $2,440,92 and attorney's fees of $799,28, added as per the language ofthe aforementioned Financial Agreement.. WHEREFORE, Plaintiff demands judgment in an amount not in excess of$25,000.00, which amount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & WICKERSHAM BY: ~ 2/) Jlv.1. ~ Brigid Q. ford, Esq~i~O - - Attorney for Plaintiff Grandview Surgery & Laser Center DATE: March '12001 ,,' ,~ ,-, ''''' <"~-" . '.~ -"". .,"",-",-"", ,'- "'-'0"" ,_" _',::.:- "' )...._ _. ' "'_':'",'; _",,-' _ """~_-. ,>...o~",:.:,,,,-,- . ..---.--..=....-.---,~-~--,--.. - ,~- tv d HEALTHSOUTH GRANDVIEW SURGERY AND LASER CENTER 205 GrandviewAvenue - Camp Hill, PennsyfvaniE 17011- 717 731,5444 Pa t i en t !D: 18623 DAlE TIME IN LAST NAME 10/01/99 PICKING ~ COB AGE HOME PHONE RIOEMtONE 04/23/196 717/697-750, ADDRESS STREET OIlY 807 N WALNUT ST. llECI-L"'-I\:ICSBURG. PA 17055 PIItOR """'IT SSN DRIVER UCENse 194-58-5629 Ref: 19'1- COUNTY y STATE ZIP OOCUPAT1ON WORK PHONE 717 / 760-2688 RESPONSIBLE PARTY NAME AND ADDRESS IF DIFFERENT FROM ABOVE PICKING. CAROLINE. 807 N WALNUT ST. MECHANICSBURG. PA 17055 RELAT10N AESrUI ~.... F PARTY RESPONSIBLE PARTY SSN SELF 194-58-5629 PRIMARY INS. 00. NAME,NAME'OF INSURED HEALTH ASSUR.\NCE/SMIE HARRISBURG PO BOX 205 RESPONSIBLE PARTY EMPLOYER IlE8PON8IIll..E PARTY PHONE '117/697-7504 SECONDARY INS. CO NAM&JNAME OF INSURED I... U 194-58-5629-(/)1 Pr"' "" J i 101441(1(/)01 CIl 3350276 1.0. .'ISBN GROUP' At1THOFlIZATTON INSUIlED' EMPLOYER AND PHONE INSURED'S EMPLOYEA AND PHONE SUIIOEON DEMUTH. MD, WILLIAM, W. DIAC3NOSI MASS RIGHT Il\UEX FINGER SUROERV(UNE 1) EXCISIONAL BIOPSY OF RIGHT INDEX FINGER SOFT TISSUE MASS DOl ClAtW A~ PAOPOSEO SUIIOERV(UNE 2) FINANCIAL AGREEMENT, ASSIGNMENT OF BENEFITS AND RELEASE OF RECORD(S) I hereby assign to and authorize payment directly 10 the facility namad above (the "facility") of all benefits due me under Medicare, Medicaid, or any insurance polley providing ben- efits for facility charges, for services rendered by the facility, A photostatic copy of this agreement shall be considered effective and valid as the original. I irreVOC~IY agree that the lacility may disclose, to the extent ailowed by law, my medical and financial record to (a) any affiliate Of the facility, specifically including HEALTHSOUlH Corpora on and its employees and agents, inclUding entities under contract with same to provide quality and/or utilization review; (b) any. person or entity which may be liable under contract r by law to the facility or to me, or any person or entity responsible for all or part of1he facility's charges, specifically including any insurance company or their agents or employees; (c) any person or entity to whom I have been referred by the facility or by my physician for continued care; (d) any physician treating, consulting or otherwise pertormlng services for me, inclUding his or her employees and agents; (e) the Health Care Rnancing Administration, any other governmental or accrediting agency, or their agents or employ- aes, 1\11 facility charges are due and owing at discharge, In consideration of the services to be rendered, to the extent not expressly prohibited by law or by the contract between the facil, ity and my third party payor, I HEREBY AGREE, WHETHER I AM SIGNING N3 PATIENT OR GUARANTOR, TO PAY ALL SUMS DUE THE FACILITY ATTHE USUAL AND CUSTOMARY CHARGE OF THE FACILllY, I hereby waive all claims of exemption, Should the account be referred to an attorney or collection agency for collection, I shall pay reasonable attorney's fees and collection expenses whether sulf is filed or not. Oelinquent accounts and amounts (those not paid within 60 days from the date of service) may bear interest on the unpaid amount up to the maximum amount allowed by law. I understand that I am financially responsible for charges not paid within said 60 days and for charges not covered by this assignment. I understand that the facility files for reimbursement from my insurer or other payor as a courtesy, and failure on the part of the insurer to make payment shall not relieve me of my obligation 10 pay Ihe facility. I certity that I am the patient or that I am financially responsible for the services rendered and do hereby unconditionally guaranty the payment of all amounts when and as due. "acility employees are NOT able to define your insurance coverage If you have coverage questions, you are adv,sed to call your insu'fce carrier, :AuT~D.oA~OT..$IGN, IS E ESSYOUUNOERSTANDITSCONTENTS il~ ~;#.1-l1 A,;~ 7j(&U~" 10-\ --q Ie L:gf'it't'f:XjJ/ ~ ATI T DATE GUARANTOR i , 10-\.....Q,Q .. N1TNESS DATE t. 'irk bJ (I/J" f(,)-1-91 DATE ,'---,{- "..", "-__-'i~,,_ ~- '"-''' _<' " ,--,,- , ,~, '-- "' _n ",: GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW VERIFICATION I, Doris West, on behalf of Plaintiff, hereby verifY that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. ~L>-.D ~ DORIS WEST DATE: 3Ja-1/01 ,..". I ""~-,,: ~ ,,' -" ,~__ -' ,- .'-'" . ,"..;.'~ :-", ",,' ~~ .,~:-.>-,:~;:;'--_:;>;->, -Xc] GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Denise L. Foster, Paralegal, do hereby certify that I have served a true and correct copy ofthe Complaint on the following: Caroline A. Picking 6243 Stanford Court Mechancisburg, P A 17055 Method of Service: ~irst class mail ~ Certified mail Other BOSWELL, TINTNER, PICCOLA & WICKERSHAM B~~ Lr;:;,4- emse L. Foster, Paralegal DATE: March 27,2001 :.i']~~~.~.j,;;. ",~:,",-~c.:~';'.i'-'>-;;;;--':::"""""~kil!llJiiit: -';.,' -'-_.-',~" Xl-.:L"--,-;~'-'"<! ~<-"1";" <~ "'-"," 0-.',,,,, ';;"0-, n,""" 'c'. "",.,^,~-"""-,~.,,, .,~ ~. " ." ..~ ~ ",~ . ,,<<..".....n.. w .. ~,,~ ,~ ~ 0 0 0 C N_{'j 0::'<-' -~ .,-~ V f !..~ ..- -, ".i;,,~ ~ III ~) >,0 11'1 ::~; r<l -- hi L'., I:? (n -, __I -< ~'~} ~ '-~-' no ,") --jJ, ~= ::-) :x 2') ,', )> 1._,,' ~ (.5 l"\1 c --.,.j ?.: ::l )> ---i :""J -< (JI -< fQ 8If IJ; ,. _~,O , . , ~.",., , *- ,~ ^ ~-'~ .. Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TlNTNER, PICCOlA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT PLAINTIFF, Grandview Surgery & Laser Center, by its attorneys, Brigid Q. Alford, Esquire, and Boswell, Tintner, Piccola & Wickersham, and Replies to the New Matter of Defendant, Caroline A. Picking, as follows: 12. Plaintiff incorporates herein by reference it averments in Paragraphs 1-11 of its Complaint. 13. Defendant's Joinder Complaint is directed to a party other than the Plaintiff and as same requires no response from Plaintiff. By way of further reply, Plaintiff incorporates herein by reference the factual averments sent for in the Complaint in Chief. RESPECTFULLY SUBMITTED, DATE: April~ 2001 BOSWELL, TINTNER, PICCOLA & WICKERSHAM BY~,2 ~ B . gid . Alford, Esq e Attorney for PlaintIff Grandview Surgery & Laser Center "" ..,1,,_-. , 1- K~1i' GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYL VANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW VERIFICATION I, Doris West, on behalf of Plaintiff, hereby verify that the facts contained in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. ]J~ DORIS WEST DATE: ~'1JloJ '-.--~ -' , . ';(, GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYL VANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Denise L. Foster, Paralegal, do hereby certifY that I have served a true and correct copy ofthe Reply to New Matter on the following: B. Craig Black, Esquire McKissock & Hoffman 105 N. Front Street Suite 205 Harrisburg, PA 17101 Attorneys for Caroline A. Picking Health Assurance, Inc. 2575 Interstate Drive Harrisburg, P A 1711 0 MethOd. <).Sof ervice: V First class mail Certified mail Other BOS , TINTNER, PICCOLA & WICKERSHAM Li51v By: enise L. Foster, Paralegal DATE: April1(>, 2001 v "ililllIiIIiiIII1flIIi 1---.,-,.,.,<", ,,_0:,' ,-~- ,~, ., , _=W~='~"""'" ""","" ".",~ _ ,~ ~_" "~m~' ;.;"",~...;....J...,;;:,,", '",-",,,,, ""'.- ,~~ ..",.,"""'"".'"h""- ,-",.' ,"' , C_;' _/-i.:'___&__\ ,'",c':"" " ,'-,", " . . .. !I. 'Ii , I I , i I I ~ I , I I I I I I C) (;::) c:::s- c n , .,',,~ u(55 ;w- m rr! , ~ o'f,_.,;, t Zc- , ~2: '-'.:- '-' '..".:j ~:? [;2C , .~'\'~'~! ~c:~ _h... 2~M L:'''c, ':? >'<:: ~-"{ Z "'"' =< 0 53 '0 -< ~ -, ill .'-, , ,,~, ."" " ;', '~, '- GRANDVIEW SURGICAL & LASER CENTER, Plaintiffs IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-1479 - CIVIL v. CAROLINE A. PICKING Defendant CIVIL ACTION - LAW v. HEAL THASSURANCE, INC., Additional Defendant ANSWER AND NEW MATTER OF DEFENDANT CAROLINE A. PICKING TO DEFENDANT'S COMPLAINT AND NOW, comes Defendant, Caroline A. Picking, by and through her attorneys, McKissock & Hoffman, P.C" and files the following Answer and New Matter to Plaintiffs Complaint: 1. Denied. After reasonable investigation Defendant is of insufficient knowledge and information to form a belief as to the truth of the averments set forth in paragraph 1 of Plaintiffs Complaint. Strict proof, if relevant is demanded upon the trial of the matter. 2. Admitted. 3, Admitted, 4. Admitted. 5. Admitted. 6. The averments in paragraph 6 characterize portions of a written document which is appended to Plaintiffs Complaint. The document therefore speaks for itself and no responsive pleading is required, 7. Admitted. " ~ ' .~. -'~-" . >-'~~" Q"''-.' ~,---'" '~'_",,",,""",,'__""'H="'._~ ,~" :'",,, ,,'c.' ".2;,c~: ~ 8. Admitted. 9. Admitted. 10. Denied as stated. For the reasons more fully set forth in Defendant's Joinder Complaint against Additional Defendant HealthAssurance, Inc., it is denied that Defendant is obligated, legally or otherwise to make payment to Plaintiff for the balance due. Defendant hereby incorporates by reference each and every averment in Defendant's Joinder Complaint against Additional Defendant. 11. Denied. Defendant hereby incorporates the averments set forth in paragraph 10 of the foregoing Answer. Moreover it is denied that the sum of Seven Hundred and Ninety-Nine Dollars and Twenty-Eight Cents ($799.28) represents a reasonable amount of attorneys fees for Plaintiff's efforts in the within matter, WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in her favor and to dismiss Plaintiff's Complaint with prejudice. NEW MATTER Paragraphs 1 through 11 of the forgoing Answer are incorporated herein by reference, , -.-- . , - ---" ,~,. ,,". - ,"," - ~," ' '=" --'.' > __ ,e," ". ',," _;~ ",.", ,-,~_> ," ".",,"~ ", d ~",' ", ...' '-.;. ;,,_,;, '- 13. Defendant hereby incorporates by reference Defendant's Joinder Complaint against Additional Defendant, a copy of which is attached hereto, labelled as Exhibit "A" and specifically incorporated herein by reference. Respectfully submitted, McKissock & Hoffman, P.C. B'~~. B. Craig Black Attorney 1.0. #36818 Edwin A.D. Schwartz Attorney 1.0. #75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 Date: ~/,/ /2', Zoo/' , , ",~, ,-- " "",_. ' " ,_, ;;',' ,O.',~ .__,-,',';;;,,;,,__,~ ,_", _L=.'" ,','" ,'_ _;"'. '~"'""'-":';-,;","", _. '"-. ___'j";;~ VERIFICA liON I, Caroline A. Picking, hereby verifies that the statements made in the foregoing Answer And New Matter To Defendant's Complaint, are true and correct to the best of my knowledge, information and belief, and makes these statements subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ Caroline A. Picking DATE: ~ - I-z.. . ,2001 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, rlNTNER, P[CCOI:A & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg:. PA J7108-0741 (717) 236-9377 Attorneys for Plaintiff GR<\NDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYL VANIA (-~, '~'-j , ,~ v. : NO. 01-1479 CIVIL .) CAROLINE A. PICKING, DEFENDANT ''-,) : CIVIL ACTION - LAW NOTICE " . -, _::0 -..( <.....; ....:.' 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 Comi without further notice for any money claimed)n 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 YOURLAWYERATQNCE. lFYOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELJ;PHONE THE OFFICE SET FORTH BELOW TO FIl',m OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION L'b 'r-r,~ ,'- (......~"-:}\,r/ r'"''''''~''''''~ I'. .....,...'" 2 I erty Ave. ,nu;: '. <' ); . "'ni~'ii'l1 f"";~:vORn Cl'IPA170"" 1;"1:'Y<:.~,:-.., ".....,....<1., '...... ar IS e, 1-, .~..:.,<,::;...I'; ~.1';-e.i:j"ar. ! !tiere unto set my har:0 (800) 990-91DS ;~% ~:n7;ff~ ~~I NOTICIA . Prothonola Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de Ie demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas OS sus objeciones a leas EXHIBIT ~ !} " ~ ~" ',,.:,... ,,:,,'- c- ~' "'" ,-,~, <_, ""';''- "---',--,,-0'-<;:."";;,:'-,,, , .-'~] demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso 0 notificacion y por cualquier queja or alivio que es pedido en la peticion de demanda, Usted peude perder dinero os sus propiedades 0 ostros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABODAGO IMMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR RAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONE A LA ICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA VERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave, Carlisle, P A 17013 (800) 990-9108 .., - " ~'" ,.'~ '-"-1',.',"'''-'''''' ,J.".. ""J,-."""",},,'~"-(W.,,, '--'.",,,,,- ,~ "-;;"f'- . , Brigid Q. Alford, Esquire Supreme Court to. #38590 BOSWELL. TINTNER. PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236.9377 Attorneys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW COMPLAINT Plaintiff, Grandview Surgery & Laser Center, by its attorneys, Brigid Q, Alford, Esquire, and Boswell, Tintner, Piccola & Wickersham, and presents its complaint against Defendant, Caroline A, Picking, as follows: 1. Plaintiff, Grandview Surgery & Laser Center, is a Pennsylvania corporation. with its principal place of business located at 205 Grandview Ave., Camp Hill, Cumberland County, Pennsylvania 170 II, 2. Defendant, Caroline A. Picking, is an adult individual, currently residing at 6243 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On October I, 1999, Defendant has surgery at Plaintiff s facility, 4. On October I, 1999, prior to the commencement of the surgical procedure, Defendant completed a document entitled "Financial Agreement, Assignment of Benefits and Release ofRecord(s)." A copy of this document is attached hereto and identified as Exhibit "A". ,---'-,'.;- 5. Among the information provided to Plaintiff by Defendant on the face of the aforementioned Financial Agreement was a representation that Defendant had medical insurance coverage and that her insurer was Health Assurance. 6. The aforementioned financial Agreement also stated, in part: I hereby agree, whether I am signing as patient or guarantor, to pay all the sums due the facility at the usual and customary charge the facility, I hereby waive all claims of exemption, Should the account be referred to an attorney or collection agency, I shall pay reasonable attorney's fees and collection expenses whether suit if filed or not. Delinquent accounts and amounts (those not paid within 60 days from the date of service) may bear interest on the unpaid amount to the maximum amount allowed by law, I understand that I am financially responsible for charges not paid within said 60 days and for charges not covered by this assignment. I understand that the facility tiles for reimbursement from my insurer or other payor as a courtesy, and failure on the part of the insurer to make payment shall not relieve me of my obligation to pay the facility. 7. Following the surgical procedure, Plaintiff filed for reimbursement from Defendant's insurance company, as per information given to it by Defendant. 8, Subsequently, Plaintiff was informed by Health Assurance that Defendant's medical coverage was terminated on September 18,1999, and that there were no benefits available to reimburse Plaintifffor services provided to Defendant on October 1, 1999. 9. On or about July 19, 2000, Plaintiff notified Defendant of the response it had received from Health Assurance, and directed Defendant to pay the balance due, 10. Despite Plaintiff's numerous attempts to collect this amount, including engaging the services of an attorney, Defendant has continuously refused to make payment to Plaintiff for the balance due, "'. ' '-." ~ ._,,,,;;,"'.' '., ,,'__,,',_, ",-';,~'", .'k', "->""5V;-.'~;;'-,-~. __,-,._,:.;",;;;,~:-~ , . 11. The current outstanding balance due is $3,240,20, which includes the unpaid medical bill of $2,440,92 and attorney's fees of$799,28, added as per the language of the aforementioned Financial Agreement.. WHEREFORE, Plaintiff demands judgment in an amount not in excess of $25,000,00, which amount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. RESPECTFULLY SUBMITTED, BOSWELL, TININER, PICCOLA & WICKERSHA..t'vl BY: Brigid Q. Iford, Esquire Attorney for Plaintiff Grandview Surgery & Laser Center DA IE: March .27 200 I I,' ., . ",i,~,-"'-j-" 'L"",; -,~ -;' --;" "'~"""'~,.i.""',,,",;';.~-~!-~, ''''''" ,,~, C-., -;;-nU . \--1 ......J r-'*! '0 HEALTHSOUTH GRANOVIEW SURGERY ANO LASER CENTER 205 Grandview Avenue' Camp Hill, Pennsylvania 17011 ' 717731.5444 P a! i en 1 ID: 18623 He f: 1 (. i- DATE DEl'QSIT 1('), )' ACDAESS STREET CITY 807 " 1I'__\L:\ll' 5T, }lEC1-L-'...\IC5Bl'RG, PA 170S5 COUNTY STATE ZIP - 04!23: HOME PHONE R'oe..A1ONE IJ'I '69"1-"150,. SSN CArveR UCENSE 194-58-:)629 F;ESPONSIBl..E,PARTY NAME AND AOORESS IF OIFFERENT FROM ABOVE PICKIVi, CAROLI~E. 807" WALlIin 5T, MECHA};I C5Bl:RG, PA 17055 PRIOR ADMIT OCCUPAllON WORK Pt-iONE "j)'I !"It,f)-2ui:8 RELATION TO RESPONSaE PNUY RESPONSIBLE PARTY SSN SELF 194-58-~6~~J PRIMARY INS. 00. NAMErNAME OF INSUREO !lE.\LTI1 AS5l'R\.\CE' 5A)IE H.,;,_rmJ SHl'HG PO EU,\ cO) RESPONSIBLE PARTY EMPLOYER RESPONSIBLE PARTY PHONE '/1"j 0~)'1-1:)0.1 SECONDARY INS. co NAMErNAME OF INSURED I.O;'.#fS,SN)DI..!\U!1, 1'..... .GAoupru_vJ ; I... AlJfl-040RlZATlON 19.4-5H-5629-01 lO}.l.i:t::OOl 3~,5(j2'!6 INSUREO'S EMPLOYER ANC PHONE I.C. .,,ssN GROUP' AUTHOFUZATlON INSURED'S EMP1.0YEA AND PHONE SURGEON DElllTI, \ID, WILLIA)!, W. CXAGNOSIS )IA5S FIGHT 1\[lLX FI\CiER PROPOSED SURGERY(UNE 1) EXCISIO'\.\L BIOPSY OF RIGHT I\DEX FI\GER SOFT TISSCE \1.-\55 COt Ct.AtM# A'TTENTlON PROPOSED SURGERY(UNE 2) FINANCIAL AGREEMENT, ASSIGNMENT OF BENEFITS AND RELEASE OF RECORD(S) , hereby assign to and authorize payment directiy to the laciiity named above (the "tacility") ot all benefits due me under Medicare, Medicaid, or any insurance policy providing ben. ,fits lor faciiity charges, for services rendered by the facility, ~ photostatic copy of this agreement shall be considered effective and valid as the original. I irrevoctlY agree that the facility may disclose, to the exlent allowed by law, my medical and financial record to (a) any affiliate of the facility, speCifically including HEALTHSOUTH :orpora on and its employees and agents, including entities under contract with same to provide quality andlcr utiiization review; (b) any person or entity which may be liable under ;ontract r by law to the laciiity or to me, or any person or entity responsible for all or part oHhe facility's charges, specifically including any insurance company or their agents or ,mployees; (c) any person or entity to whom I have been referred by the facility or by my physician tor continued care; (d) any physician treating, consulting or othelWise penorming 38rvices for me, including his or her employees and agents; (e) the Health Care Financing Administration, any other governmental or accrediting agency, or their agents or employ' -;85. ;11 facility charges are due and owing at discharge, In consideration of Ihe services to be rendered, to the exlent not expressly prohibited by law or by the contract between the facil- ty and my third party payoLI HEREBY AGREE, WHETHER I AM SIGNING f>3 PATIENT OR GUARANTOR, TO PAY ALL SUMS DUE THE FACILITY ATTHE USUAL AND CUSTOMARY CHARGE OF THE FACILITY. I hereby waive all claims of exemption, Should the account be referred to an attorney or collection agency for collection, I shall pay reasonable attorney's fees and collection expenses whether suil is filed or not. Delinquent accounts and amounts (those not paid within 60 days from the date of service) may bear interest on Ihe unpaid amount Jp to the maximum amount allowed by law, I understand that I am financially responsible for charges not paid within said 60 days and for charges not covered by this assignment. I understand that the faciiity files for reimbursement from my insurer or other payor as a courtesy, and failure on the part of the insurer to make payment shall not relieve me of my obligation to pay the facility, , certify that I am the patient or that I am financially responsible for the services rendered and do hereby unconditionally guaranty the payment of all amounts when and as due, 'acility employees are NOT able to define your insurance coverage, If you have coverage Questions, you are advised to call your insurance carrier, ,..-1 :AU~~ Dp ~OT S1GNP1ISA"'E LESS YOU UNDERSTAND ITS CONTENTS, 1.14 ,l"" l0. A, >~ (1;(.fv,L-7fY 10-\4:1 "LLl1titf!!:;,.(/ \ ATt NT / DATE GUARANTOR '0- \Jl,q ,~ITNESS DATE E. i. h bJ "Ij' f ICl-I-91 DATE _..1._, GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW VERIFICATION I, Doris West, on behalf of Plaintiff, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knO\vledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. 'u' "r', ,r-., i ,\ '" \.---.. ~ _l~.!--\~'-..; '-"-Y-(..'~ DORIS WEST DATE: 3/3-1/01 -',""s._ GRAND VIEW SURGERY & LASER CENTER, PLAINTIFF :, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Denise L. Foster, Paralegal, do hereby certify that I have served a true and correct copy of the Complaint on the following: Caroline A. Picking 6243 Stanford Com1 Mechancisburg, P A 17055 Method of Service: ~First class mail ~ Certified mail Other BOSWELL, TINTNER, PICCOLA & WICKERSHAL\I! By: DATE: March 27, 2001 "._.___ "n" ~~'" - '>> <_.--~'"- ~- ,-, '" =- -~,-- -,,-, ".",--"'~''''>-''''' ="-"-=-".,~~'" , '-.-~t CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Answer And New Matter of Defendant Caroline A Picking to Defendant's Complaint, upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brigid Q. Alford, Esquire Boswell, Titner, Picolla & Wickersham 315 North Front Street Harrisburg, PA 17108-0741 Counsel for Plaintiffs HealthAssurance, Inc. 2575 Interstate Drive Harrisburg, PA 17110 McKissock & Hoffman, P.C. B. Craig Black, Es Supreme Court 1.0. BY: Edwin AD. Schwartz, Esquire Supreme Court 1.0. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Attorneys for Defendant, Caroline A Picking Date: 1fv// /7~0 0/ . -,-&, . GRANDVIEW SURGICAL & LASER CENTER, Plaintiffs IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-1479 - CIVIL v. CAROLINE PICKING Defendant CIVIL ACTION - LAW v. HEAL THASSURANCE, INC., Additional Defendant NOTICE TO DEFEND TO: HealthAssurance, Inc., Additional Defendant 2575 Interstate Drive Harrisburg, PA 17110 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 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, PA 17033 (800) 990-9108 1 ~ -- ...~<< - "~ -~"' '- ~" . .."' -.' - ,'~' ~ ""' , , "" -, " "'i:i L :--f JOINDER COMPLAINT OF DEFENDANT CAROLINE A. PICKING AGAINST ADDITIONAL DEFENDANT HEAL THASSURANCE, INC. 1. Defendant, Caroline A Picking, is an adult individual who currently resides at 6243 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Additional Defendant, HealthAssurance, Inc., is a corporation operating in the Commonwealth of Pennsylvania with a registered business address of 2575 Interstate Drive, Harrisburg, Pennsylvania 17110. 3. Plaintiff instituted this action against Defendant alleging that Defendant failed to pay for services rendered to Defendant by Plaintiff in connection with surgery which was performed upon Defendant on October 1, 1999. A true and correct copy of Plaintiffs Complaint is attached hereto as Exhibit "AU. 4. According to Plaintiffs Complaint, Defendant had surgery at Grandview Surgery & Laser Center on October 1, 1999. Paragraph 3 of Plaintiffs Complaint, Exhibit "A", 5. In Plaintiffs Complaint, Plaintiff alleges that Plaintiff filed for reimbursement from Additional Defendant, HealthAssurance, Inc., for the services provided to Defendant in accordance with information provided by Defendant. (See: paragraph 7 of Plaintiffs Complaint, Exhibit "AU.) According to Plaintiffs Complaint, Plaintiff was informed by Additional Defendant, HealthAssurance Inc., that Defendant's medical coverage was terminated on September 18, 1999 and that no benefits were available to reimburse Plaintiff for services rendered to Defendant on October 1, 1999 (See: Plaintiffs Complaint 2 [ " > : , 'oj.: Plaintiff for services rendered to Defendant on October 1, 1999 (See: Plaintiff's Complaint at paragraph 8, Exhibit "AU). 6. Defendant denies that medical insurance coverage provided to her by Additional Defendant was terminated on or about September 18, 1999 and that therefore no benefits would be available to reimburse Plaintiff for services provided to Defendant on October 1, 1999. 7. Defendant, Caroline A Picking was an insured under a policy of health insurance issued between Additional Defendant and the Hecht Company. Defendant is not in possession of a copy of said policy, but avers, based upon information and belief, that Additional Defendant HealthAssurance, Inc., is in fact in possession and retains a copy of said policy. 8. Upon information and belief Defendant asserts that participant's identification number under the HealthAssurance policy is 194585629*01. 9. On or about September 15, 1999 Defendant met with her physician and surgeon for a consultation regarding surgical biopsy of a mass on the left index finger of Defendant's hand. 10. At the time of the consultation Defendant's physician recommended that a surgical biopsy of the mass be performed. 11. Prior to leaving the surgeon's office, Defendant and a representative of Defendant's surgeon whose name is currently unknown to Defendant, specifically inquired of Additional Defendant as to whether or not Defendant remained an insured under the 3 ,,< " '""N ,~,,'~ y',.>"-,',~"'"",,-H,,.,,,.;j' ~.',,,,,. ., r,,,,,,,-' ^.,",,~' , ,-,' --",-,<"'~ ,(,. " ~'..", ,',~,.;,'--;;';'~~, '".;, '"I .'i'-".-~"'''-O o,-,~~."':'jk'C.'~,;"S'I."c"" ~-Gs'--"'-'~"'__~-ci-<':;b'. ',', '",-~ "C,:; ~ : , policy of insurance described above and sought per-certification and pre-approval for the performance of the surgery in order to insure that same would be covered for financial reimbursement under the terms of the HealthAssurance policy. 12. Additional Defendant represented and warranted to Defendant that Defendant was a covered insured under the policy and that financial re-numeration would be provided to the surgeon and facility where the surgery was to be performed. 13. In response to this inquiry Additional Defendant provided Defendant with the following authorization number confirming pre-certification and approval for reimbursement for said surgeries - Authorization #3350276. 14. Additional Defendant's confirmation of Defendant's coverage under the terms of the HealthAssurance policy and representation via authorization for the surgery and representations regarding reimbursement therefore was a material representation upon which Defendant relied in undergoing the procedure on October 1, 1999. 15. Pursuant to the authorization number, Plaintiff at the direction and upon approval of Defendant, submitted its charges to HealthAssurance which denied reimbursement for the charges contending that Defendant was ineligible for coverage on the date of service. A true and correct copy of an explanation of benefits form received by Defendant is attached hereto, labeled a Exhibit "Bu and specifically incorporated herein by reference. 4 .-. ,-,~, _.-,--'" "~~ --,..' ",' ,"~ 1\iJ , , COUNT I Caroline A. Picking v. HealthAssurance Fraud and Misrepresentation 16. Additional Defendant HealthAssurance, Inc., fraudulently misrepresented to Defendant that professional services and fees associated with the surgery which Defendant underwent on October 1, 1999 would be covered under its policy of insurance and that reimbursement for said professional services and equipment would be reimbursed in accordance with the terms of said policy. Said representation was made orally by Additional Defendant and is documented via Additional Defendant's issuance of an authorization number to Defendant for pre-certification of the procedure. 17. Additional Defendant knew or should have known that Defendant would reasonably rely upon said authorization and representations in ultimately determining to undergo the procedure. 18. Said representations by Additional Defendant was material to Defendant's decision to undergo said procedure and to incur the financial obligations therefore which, Defendant understood would be reimbursed by Additional Defendant pursuant to the terms of the policy. As a result of the foregoing conduct, Defendant has been required to respond to Plaintiffs claim, including Plaintiffs claim for counsel fees and costs in an amount of Three Thousand Two Hundred and Forty Dollars and Twenty Cents ($3, 240.20), for which Defendant makes demand upon Additional Defendant. WHEREFORE, Defendant Caroline A. Picking respectfully requests that this Honorable Court enter judgment in her favor and against Additional Defendant in an 5 I -, --" , ~.-, ' , , ,~ ., --'- ~., .-." ',:L-",,'< ' '-'-"'!;',- n ',.'- "_~' "",,",,""'--<.,';- ' CZ'''"'C ,:,,- 'c.. <~ -'",,"-'<'-f', ,~--'~,}h'-i:"~'--c:._,!' ,- .:..'; ~,.,- r~:'! .' amount of $3,240.20 together with such other relief as this Honorable Court deems appropriate and just. COUNT II Breach of Contract 19. The averments set forth in paragraphs 1 though 18 of the foregoing Complaint are incorporated by reference herein. 20. By virtue of Additional Defendant's issuance of a pre-certification number and pre-authorization number, Additional Defendant warranted and guaranteed that it would pay for services rendered to Defendant by Plaintiff. 21. By failing to honor Plaintiffs claim for reimbursement of services rendered to Defendant, Additional Defendant breached the express and implied contract and warranty which it entered with Defendant. 22. Defendant has made demand upon Additional Defendant to reimburse Plaintiff for services rendered to Defendant in accordance with the terms of the policy, which demand Additional Defendant has refused. 23. Defendant has satisfied all conditions precedent to filing and proceeding with this claim. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in Defendant's favor and against Additional Defendant in amount of $3,240.20 together with such other further relief as this Honorable Court deems just. 6 , COUNT III Unfair Trade Practice and Consumer Protection Law Claim 24. Paragraphs 1 through 23 of the foregoing Complaint are incorporated herein by reference. 25. Additional Defendant's issuance of a authorization number for Defendant to undergo services provided by Plaintiff constituted a representation and agreement that Additional Defendant would reimburse Plaintiff for the professional services rendered to Defendant is accordance with Additional Defendant's contract with Defendant. 26. Additional Defendant thereafter failed to comply with its agreement and refused to reimburse Plaintiff for services rendered to. Defendant despite its representation to the contrary. 27. Additional Defendant's actions constitute a unfair and deceptive act or practice within the meaning of the Unfair Trade Practices and Consumer Protection Law (73 P.S. ~201-1 et seq.). 28. In particular, Defendant's action constitutes an unfair and deceptive act or practice in that it: "(2) caus(es) the likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;u (73 P.S. ~201-2 (2). 29. Additional Defendant's actions as stated hereinabove are an unlawful act thereby authorizing Defendant to bring a private cause of action for the recovery of damages sustained by virtue of said deceptive practice. (73 P.S. ~201-9.2). 7 n ,~~ ,_. _ '"~~,~, ,~"Nr.'_,__', 'M-:~ " '"--,,"-~ "-''''',,;:\--~' "",-'-",..,,~,..,'''''' '~~"'-,;C""'^"<"~---""_"~;''1<i<''''<",,''- ~'.;,,;,~', ,'" '-"";;~:j , 30. Pursuant to the provisions of the Unfair Trade Practice and Consumer Protection Law, Defendant makes a claim for treble damages. (73 P.S. ~201-9.2). WHEREFORE, Defendant respectfully prays your Honorable Court to enter an award in Defendant's favor and against Additional Defendant in the amount of Nine Thousand Seven Hundred and Twenty Dollars and Sixty Cents ($9,720.60) together with reimbursement of counsel fees and costs and such other relief as this Honorable Court deems appropriate. Respectfully submitted, McKissock & Hoffman, P.C. By~-4f B. Craig Black Attorney 1.0. #36818 Edwin AD. Schwartz Attorney 1.0. #75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 Date: ~/;/ /z~.z:.oo/ , 8 " . "'-"' ~ '< ,~"~- "",, " --,;,' , - '"' ;-,";' _i._, ;;,'-,.,,~~~J ~-,-;,,- ~,~ '~- ,'c"o,-r,-'Q",~'-~-,i,,-',' "",~-,- -- .i,~,-,-, ''''J,t~ ! VERIFICATION I, Caroline A Picking, hereby verifies that the statements made in the foregoing Complaint Against Additional Defendant HealthAssurance, Inc., are true and correct to the best of my knowledge, information and belief, and makes these statements subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. ~ Caroline A Picking DATE: Ll . \'2 ,2001 ~ "'1-; "_,;~,! ' .'" ,IJ~' _;',-,,~,:-- >-~ ,'-" ~- 'i~! Brigid Q. Alford. Esquire Supreme Court J.D. #38590 BOSWELL, TlNTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-074J (717) 236-9377 Attorneys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAI~TIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA , '. v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW NOTICE '1 -, (j"; - 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 fot1h 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 2 Liberty Ave. Carlisle, P A 17013 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de Ie demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas os sus objeciones a lea,; ," , " ~, " ~, __ - , ,,"-; '" t c,.o' c,.,', .~" ',,' 0,',,_ demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso 0 notificacion y por cualquier queja or alivio que es pedido en la peticion de demanda. Usted peude perder dinero os sus propiedades 0 ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR RAL SERVICIO, V A Y A EN PERSONA 0 LLAL\I!E POR TELEFONE A LA ICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COlJNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 -' " , , ,".,'~, ,,-,_-Co,,,', "'-""-- <<'.".;,--- ,'" -, ~ Brigid Q. Alford, Esquire Supreme Court tD. ;:;:38:;90 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 3 J 5 N. Front Street PO Box 741 Harrisburg, PA 17108.0741 (717) 236.9377 Attorneys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF :.IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v, : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW COMPLAINT Plaintiff, Grandview Surgery & Laser Center, by its attorneys, Brigid Q. Alford, Esquire, and Boswell, Tintner, Piccola & Wickersham, and presents its complaint against Defendant, Caroline A. Picking, as follows: I. Plaintiff, Grandview Surgery &r Laser Center, is a Pennsylvania corporation, with its principal place ofbllsiness located at 205 Grandview Ave., Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Caroline A. Picking, is an adult individual, currently residing at 6243 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. On October 1,1999, Defendant has surgery at Plaintiffs facility. 4. On October 1,1999, prior to the commencement of the surgical procedure, Defendant completed a document entitled "financial Agreement, Assignment of Benefits and Release ofRecord(s)." A copy of this document is attached hereto and identified as Exhibit "A". "-" ., . ~, -" ,"" ' . . '"",,,-F :" ,.' , -"",..,,~, ".;;~ ':'1.' , . " 5. Among the information provided to Plaintiff by Defendant on the face of the aforementioned Financial Agreement was a representation that Defendant had medical insurance coverage and that her insurer was Health Assurance. 6. The aforementioned Financial Agreement also stated, in part: I hereby agree, whether I am signing as patient or guarantor, to pay all the sums due the facility at the usual and customary charge the facility. I hereby waive all claims of exemption. Should the account be referred to an attorney or collection agency, I shall pay reasonable attorney's fees and collection expenses whether suit if filed or not. Delinquent accounts and amounts (those not paid within 60 days from the date of service) may bear interest on the unpaid amount to the maximum amount allowed by law. I understand that I am financially responsible for charges not paid within said 60 days and for charges not covered by this assignment. I understand that the facility files for reimbursement from my insurer or other payor as a courtesy, and failure on the part of the insurer to make payment shall not relieve me of my obligation to pay the facility. 7. Following the surgical procedure, Plaintiff filed for reimbursement from Defendant's insurance company, as per information given to it by Defendant. 8. Subsequently, Flaintiffwas informed by Health Assurance that Defendant's medical coverage was terminated on September 18, 1999, and that there were 110 benefits available to reimburse Plaintiff for services provided to Defendant on October 1, 1999. 9. On or about July 19, 2000, PJaintiffnotified Defendant of the response it had received from Health Assurance, and directed Defendant to pay the balance due. 10. Despite Plaintiffs numerous attempts to collect this amount, including engaging the services of an attorney, Defendant has continuously refused to make payment to Plaintiff for the balance due. ,-. , '~ ,,-', ,~ ",',,", "'-"'-'~;,"~"\ '," '.", ""-;'fu' , . 11. The current outstanding balance due is $3,240.20, which includes the unpaid medical bill of $2,440.92 and attorney's fees of$799.28, added as per the language of the aforementioned Financial Agreement.. WHEREFORE, Plaintiff demands judgment in an amount not in excess of $25,000.00, which amount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. RESPECTFULLY SIJBMITTED, BOSWELL, TINTNER, PICCOLA & WICKERSHAL\I! BY: Brigid Q. Iford, Esquire Attorney for Plaintiff Grandview Surgery & Laser Center DATE: MarchZ72001 _.-:._----------;-~~,- , -~~.....' ,,- . , '-, ""A"-'1H-'-.",--'~'-"""",\,'b'",;___", '. i",', '.i\i.'j ------ = " J .r~ U HEALTHSOUTH GRANDVIEW SURGERY AND LASER CENTER 205 Grandview Avenue' Camp Hill, Pennsylvania 17011' 717 731-5444 Pa I i en I ID: 18623 DATE L.AST NAME 10, PICKl'iG 0Ef'9$1T Ref: 1(.;. AODRESS STREET CITY 807 " \r..\L\L'T ST. }lECI-l-'..\ICSBl'RG, PA 17055 PRIOR AOMrr SSN ORrvER UCENSE 194-:;8-5629 FiESPONSISLE PARTY NAME AND ADDRESS IF DIFFERENT FROM ABOVE PICKl\G, CAROLl;\E. 807:\ WAL\L:r ST. MECHAl\ICSBURG. P.-'\. 17055 COUNTY y ..... O A "" ..:_~; HOME PHONE f!\IOE./fl'HONE /] 1 '6~),/- 150" (.)~): l~) STATE ZIP OCCUPATION WORK PHONE 'I) '/! '/cIO-20gS RaATJON TO RESPONSIBl.E PART'l' RESPONSIBLE PARTY SSN SELF ,19"~-:Jt')-:j6~~J PRIMARY INS. CO. NAMEiNAME OF INSURED HEALTI1 ASSL'R.\.'\CE' SAllE EARR} SBl'HG PO EOX 205 RESPONSIBLE PARTY EMPLOYER RESPONSIBLE PARTY PHONE /11 0()!- '1',0.1 SECONDARY INS. 00 NAMe..NAME OF INSURED I.O;-._/SSN.lI~I..n.'.Jn, 1'...... jJRouprV_VJ ; I..:. AlJ"l'HORIZATlON 19.~-)8-5(<~~J-Ol lOl,l.l:C:(Hll ~~?50~)6 INSURED'S EMPLOYER AND ptiONE 1.0. ,'tsSN GROUP' Al1T'HOAlZATlON INSURED'S EMPLOYER AND PHONE SURGEON DBIL:nJ. lID. WILLI"-\{, \r. DtAGNQSIS \\:\SS EIGHT J\DE'\ Fl\CiEH PROPOSED SUAGERV(lJNE 1) EXClSIO'iAL BIOPSY OF I<IGIJT I:\DE\ FI\GER SOFT TISSCE }!.-\SS CO! Ct.AJM# ATrENT10N PROPOSED SUAGERY(UNE 2) FINANCIAL AGREEMENT, ASSIGNMENT OF BENEFITS AND RELEASE OF RECORD(S) : hereby assign to and authorize payment directly to the facility named above (lhe "facility") of all benefits due me under Medicare, Medicaid, or any insurance policy providing ben. efits for facility charges, for services rendered by the facility, ~ photostalic copy of this agreement shall be considered effective and valid as the original. :oirrevoctlY agree that the facititY may disc.lose, to the ~>:Ient allowed by law,my medical and financi~1 record to (a) a~y affiliate of the facility, specifi~ally i~ctuding HEALTHSOUTH ~orpora on and Its employees and agents, Including entities under contract With same to proVide quality andlor ulllizatlon review; (b) any person or enllty which may be liable under contract r by taw to the facility or to me, or any person or entity responsible for all or part ohhe facility's charges, specifically Including any insurance company or their agents or employees; (c) any person or entity 10 whom I have been referred by the facility or by my physician for continued care; (eI) any physician treating, consulting or otherwise pertorming ;ervices for me, including his or her employees and agents; (e) the Health Care Financing Administration, any other governmental or accrediting agency, or their agents or employ- ;85. ;11 facility charges are due and owing at discharge. In consideration of the services to be rendered, to the e>:Ient not expressly prohibited by law or by the contract between the facil- ty and my third party payor. I HEREBY AGREE. WHETHER I AM SIGNING AS PATIENT OR GUARANTOR, TO PAY ALL SUMS DUE THE FACILITY ATTHE USUAL AND CUSTOMARY CHARGE OF THE FACILl1Y. I hereby waive all claims of exemption. Should the account be referred to an attorney or collection agency for collection. I shall pay reasonable attorney's fees and collection expenses whether suit is filed or not. Delinquent accounts and amounts (those not paid within 60 days from the date of service) may bear interest on the unpaid amount up to the maximum amount allowed by law. I understand that I am financially responsible for charges not paid within said 60 days and for charges not covered by this assignment. I understand that the facility files for reimbursement from my insurer or other payor as a courtesy, and Jaiiure on the part of the insurer to make payment shall not relieve me of my Jbligalion to pay the facility. , certity that I am the patient or that I am financially responsible for the services rendered and do hereby unconditionally guaranty the payment of all amounts when and as due. =acility employees are NOT able to define your insurance coverage. If you have coverage questions, you are advised to call your insurance carrier. ...j :Aufl0rD.oNOTSIG,NWISA~ LESS YOU UNDERSTAND ITS CONTENTS. II) , /1 "'/;/:/;~ (J:.6,I{L/ftY IO-j--q \ ,--'Li'l'f!i!:::'1: - \ A1;1 KT / DATE GUARAKTOR 'O-\~q VITNESS DATE E'&hb,t "Il' 1()-1-91 DATE . J' ~ ,- " ~ ';"__".1(";,' __.',"l_,"-,~, c>."" ""~~ GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFFNDANT : CIVIL ACTION - LAW VERIFICA nON I, Doris West, on behalf of Plaintiff, hereby verify that the facts contained in the foregoing Complaint are true and COlTect to the best of my knowledge, infornlation and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. ~Uc \-->--0 lOr DORIS WEST DATE: 3/3-1/01 . ,~,,~ " ~ 'c--r" ."-;.- "'---' "~""'"':'~ . " . , ' GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Denise L. Foster, Paralegal, do hereby certify that I have served a true and correct copy of the Complaint on the following: Caroline A. Picking 6243 Stanford COLIn Mechancisburg, P A 17055 Method of Service: ~First class mail ~ Certified mail Other BOSWELL, TINTNER, PICCOLA & WICKERSHAL\I! /.~ By: tcs-h-- enise L. Foster, Paralegal DATE: March 27, 2001 . . . . . HealthAssurance~ Explanation of Benefits Payments Inade on behalf of: HEALTHASSURANCE Page 1 of 1 2S7~ ~n~~rs~a~e Drive Harrisbu~g, PA 17110 IIIIIIIIIIIIIIIIIIIIIIIII~ II1I1III THIS IS NOT A BILL Insured: Patient: Group Name: ID Number: Claim Number: Date: Provider: Payee: Picking, Caroline A Picking, Caroline A HECHT COMPANY- CCPPO/PART-TIME 194585629 21979056 05/19/00 GRANDVIEW SURGERY CENTER GRANDVIEW SURGERY CENTER Picking, Caroline A 6243 STANFORD COURT MECHA~L~S8URG, PA 17055-0000 This is a statement of benefits only. If you did not already' pay at the time of service, please contact provider listed above to make payment arrangements. Procedure Date of Service Total Ineligible Code/Description From/To Charge Amount/Code 26160 10/01/99 SURGERY 10/01/99 2.159.92 2,159.92 525 88304 10/01/99 LAB/PATHOLOGY 10/01/99 281.00 2$1.00 525 Totals: 2,440.92 2,440.92 Amount Arnount Amount Amount at 100% at 0% at 0% at 0% - 0.00 0.00, 0.00 0.00 0.00 0.00__ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2.440.92 Covered Amount Less Oed uctible Lass CoPay /Coinsurance Benefit Total Benefit Paid Member Responsibility Description of Remarks/Benefits 525:_INELIGIBLE ON DATE OF SERVICE Grievance Review Process A covered individual has the right to appeal a denied claim through the Grievance Review Process. If you wish to appeal a denial decision, contact the Member Services Department at 1 -800-788-8445. EXHIBIT J A NOll::! m: NOeII/Ol'l=ll~6 16 ~J1 occooccc ~:f,i- ~~-, .- ,- ".....J 'I ~ -'"''"'' , -~ r'f'--g-UMl'6:~ / , . . . . HealthAssurance'" 2575 Interstate Drive Harrisburg, PA 17110 Explanation of Benefits Page 1 011 Payments made on behalf of: HEALTHASSURANCE I~IIIIIIII,II~~IIII~III THIS IS NOT A BILL Insured: Patient: , Group Name: 10 Number: Claim Number: Date: Provider: Payee: Picking, Caroline A Picking, Caroline A HECHT COMPANY- CCPPO/PART-TIME 194585629 21979056 05/19/00 GRANOVtEW SURGERY CENTER GRANOVIEW SURGERY CENTER Picking, Caroline A 6243 STANFORO COURT MECHANICSBURG. PA 17055-0000 This is a statement of benefits only. If you did not already pay at the time of service, please contact provider listed above to make payment arrangements. Procedure Date of Service Total Ineligible Amount Amount Code/Description From/To Charge AmountfCode at 100% at 0% 26160 10/01/99 SURGERY 10/01/99 2.159.92 2.159.92 525 0.00 0.00 88304 10/01/99 LAB/PATHOLOGY 10/01/99 281.00 281. 00 525 0.00 0.00 Totals: 2.440.92 2,440.92 0.00 0.00 Amount at 0% Amount at 0% 0,00 0.00 0.00 0.00 0.00 0.00 Covered Amount Less Deductible Less CoPay/Coinsurance Benefit Total Benefit Paid Member Responsibility 0.00 0.00 0.00 0.00 0.00 2.440.92 Description of Remarks/Benefits 525: INELIGIBLE ON OATE OF SERVICE Grievance Review Process A covered individual has the right to appeal a denied claim through the Grievance Review Process. If you wish to appeal a denial decision, contact the Member Services Department at 1-800-788-8445. ... ~ EXHIBIT I g I N002J772NOCK/OFFLlg6162170g000000 ~ , "' '" .c-. ''',,-,-.J I " ''-,," -">~_',"',,"r,,';i''''''''';.'''<'- ,. ;i .. . . .. . . . CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Complaint of Defendant Caroline A Picking Against Additional Defendant HealthAssurance, Inc., upon the person(s) and in the manner indicateol below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brigid Q. Alford, Esquire Boswell, Titner, Picolla & Wickersham 315 North Front Street Harrisburg, PA 17108-0741 Counsel for Plaintiffs Service via Sheriff of Cumberland County HealthAssurance, Inc. 2575 Interstate Drive Harrisburg, PA 17110 McKissock & Hoffman, P.C. ~ BY/<~ B. Craig Black, E Supreme Court 1.0. No. 36818 Edwin AD. Schwartz, Esquire Supreme Court 1.0. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 -7"-/2- 0/ Attorneys for Defendant, Caroline A Picking 9 ", -i'_ "-'"' ,'~',;"'_~" " ,~',-,'. "" .~,,_'. ",,', '1,'%" ,,,-_, ",""~,,-.,, ~-..' "' GRANDVIEW SURGICAL & LASER CENTER, Plaintiffs v. CAROLINE A. PICKING Defendant v. HEALTH ASSURANCE, Additional Defendant : ~ IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-1479-CIVIL CIVIL ACTION - LAW ENTRY OF APPEARANCE Please enter our appearance on behalf Defendant, Caroline A. Picking, only in the above captioned. Date: /0 ~"'" d / Respectfully submitted, McKissock & Hoffman, P.C. BY~~ B. Craig Black Attorney 1.0. No. 36818 Edwin AD. Schwartz Attorney 1.0. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 (717) 234-0103 c,^'"""""';_".",,., ;~_u' , f I F ~~ ~"' , " ,: --~I, .- ,<; --'"", ---"",, ,',:,P ~-. ",-"'~' --- ' - CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Entry Of Appearance upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States Mail, first-class postage prepaid, addressed as follows: Brigid Alford, Esquire Boswell, Titner, Picolla & Wickersham 315 North Front Street Harrisburg, PA 17108-0741 Counsel for Plaintiffs McKissock & Hoffman, P.C. BY: ~~d B. Craig Black, ES~ Supreme Court 1.0. No. 36818 Edwin A.D. Schwartz, Esquire Supreme Court 1.0. No. 75902 105 North Front Street Suite 205 Harrisburg, PA 17101 Telephone: (717) 234-0103 Attorneys for Defendant, Caroline A. Picking Date:/o ~o/ n.".: - .""--.-, c _"",; _--c- ^, -.'-,~" '-'.",' ~;, ',..,-.- ~-'" ,d 'J.r>d.",,,, ~, '" ,"-' ,'.", ",">"" , . Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg,PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF : IN THE COURT OF COMMON PLEAS .: CUMBERLAND COUNTY PENNSYLVANIA . v. : NO. 01-1479 CIVIL CAROLINE A. PICKING, DEFENDANT : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA : SS. COUNTY OF DAUPHIN Denise L. Foster, Paralegal, being duly sworn according to law, deposes and says that I am a competent adult, and I served a true and correct copy of the Complaint on the Defendant, Caroline A. Picking, certified mail, return receipt requested on March 27,2001. The Defendant received the complaint on March 28, 2001, as evidenced by the green card attached hereto. ~L~~ Denise L. Foster, Paralegal Sworn to ~ subscribed before 0fis3~ da~ inli7 /J:.. . Notary Public Notarial Seal Pamell! A. Mobius, Notary Public Harnsburg, Dauphin County My Commission Expires Feb. 10, 2003 ;";"""-"-,' ,"", '"_'M'" -i"i'~ <;; SENDER: "0 -Complete Items 1 and/or 2 for addillonal services. a; _Complete items 3, 4a, and 4b. G) .Print your name and address on the reverse af this form $0 that we can return this ~ card to you. >", -Attach this form to the front oflhe mailplece, or on the back jf space does not _ perm" f>> -Write-Retum Receipt Request&:;l- on the mallp!ece ootow the article number. S aThe Return Receipt Mil show to whom the article was delivered and the date delivered. - 0, c o "g 3. Article Addressed to: . i Cwu\l~ A f),d(i;; 8 ~JL{ '3 ~d. CcJuAt ~ah.:nlC5 burs A" Lo.ro \, 'YVL> nc6S 5. )'leFelved By: (Print ~ {.. 11 5 6. 519 e)Ure' (Add g, X !!J PS Form 3811, December 1994 ~ I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 'E. Il 4e.A 'CoNCf:sr SJ(p 57?? ~ 4b. erviea Type ~ o Registered ~ Certified ~ o Express Mail I D1nsured I: ~ o Return Receipt for Merchandise 0 COD 7. Date~eliv~ '6 -0 8. Addressee's Address (Only i requested and fee is paid) 2i 1: " " U> ~ .2 " o >- ... c '" -" .... 102595-97-6-0179 Domestic Return Receipt L :d!il,ki~_~~~RlhUJi~ci !~'" ~ ~"""_' ,,. "",_'_h',''''''''''''''''~ ~~c~,~,.,," ~_~,. ~''';'';';~~b~~!l1'!.1ilif.i'i1\!!!i1WIill-1 .-. ,~~~'" ~_~r.,,~ . .. "..." 1 , nRill ~~ '"', u '^l,~ "U-"<_"" - ~~ 0 C1 C' C ~T' ?:~: ~,. v r. ~<J rn ffl ::-'::J , -,- :l.~ ~- :z: r" , , ~:~~:', r-0 - .' - ~ :> Gel .-0 0- ~R ;::-:;; '::-' ~,? " >c~ ?:! ?':, ''-^' :J'J --, -<. - -< p- &l ~ , ~'"'~ ~~ -~~ SHERIFF'S RETURN - OUT OF COUNTY ... CASE NO: 2001-01479 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GRANDVIEW SURGERY & LASER VS PICKING CAROLINE A R. Thomas Kline 1_,...... > '", ~ '.' "-'. "'"""w..~,i-,!_,-, ' '" ~~j,i _~ duly sworn according to law, says, that he made a diligent search and , Sheriff or Deputy Sheriff who being and inquiry for the within named ADD'TL DEFEND. HEALTHASSURANCE INC but was unable to locate Them deputized the sheriff of DAUPHIN , to wit: ~, in his bailiwick. He therefore County, Pennsylvania, to l' serve the within COMPLAINT JOINING ADDL On May 9th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge DEP. DAUPHIN CO 18.00 9.00 10.00 29.25 .00 66.25 05/09/2001 CAROLINE PICKING Sworn and subscribed to before me this IYg... day of ~ cJ4.o ( A.D. ~{2. ~ tlp;. Prothonotary ;~~ R~S Kline Sheriff of Cumberland County 1.'!Ti'fj;ful$i2;"U'1:t;:':;~:~:i$'f~i'tr)Jk0))V;?:;;i1f;~&li\i!K~j:i~'\;1~~-S:;%~~f~f, _ ..... "__",_""-,,,,"~_~"""',,,,,,,,,,,kJ",,,'"--"''''_~~~:ilhl,,,,,,,,,,,,',.J~''':''__','~~,,h__,'',''; ~...tL., ,--'" ~OL; BUCKS COUNTYJofL SHERIFl='S RETURN Filed $.;!1A1 Bucks Case # Special Instructions Action -1ftu "- ~-;v#/.J(ql" ,- Plaintiff Gary 1.. Rpn7.on vs Defendant ECOGEI'il INC 200 C",))ot Rl",l TRnghQrne.P~ 190~7 Address ~if Difft:Jnt t. ' S-- ~C"Aul Ii" Iv J, Served under Pa.R.C.P. #402 ft) 0;' ----1A) (i) Defendant personally served ----1A) (2) (i) Family Member ~~ (i) Adult in Charge of Residence (2) (ii) Manager/Clerk at Defts. Lodging A) (2) (iii) Person in Charge of Business By Handing to t:l "-1t ' - _11/ e:.. r tA.,,<. t _ By Posting Not Served _ 30 Days Ran Out _ Oefendant Moved _Oef. Unknown _ Checked Post Office _ Forwarding Addless _ Defendant Not Home _ Address Vacant _ Dep. Needs Better Add. _ No Forwarding I Lawrence R. Michaels. Sheriff of Bucks County Affirmed alld(subscribed before me on this day ;gJJ-t&j ~ ~ , rothonotary I Affirmed and subscribed before me on this day --" --" - Notary Public My Com. Exp. 1- 711.fi ]i\.i i' ii~*11;1;'1k'tY;%ft-:g;'?m4fiR10!:'i;l~;A",,-,".p":,:,",,^j;;?[!',~;itf0i;iH1W%\\i'h:'Jl ~tr~'$E'~:ti&flJl;~~~~M:t~~1~jjrt~llt${~~~:_J "';.',v""><.l.,,,-,,"'''.''C:''<, ~ , Bucks County Case # 0:1~W74'7 Invoice to be mailed to County Sheriff's Office Attn. of or \ \"_1'1 \\ ,)\'1...' ':-- '"I\^\ .-,-,1 \ 1\" \"', 'j '---, TE .i;ECETP" :H ~:'fJ{;:: fe, 7-:;:-:' " '~"- , tf :::;.""1 ~.~.;t~'". ";',~i'"7'''-: '7 ~j' , '"." ::~~}0 i , ~ .'i,'. ;,,;,; .'~J .!." aJ -.'''J _.-.' ;3i: ,['10 :i?~f:11@~J;-g~~;~;B;:~;ftt~JJ!mrqmj~~~;:~'N:i!i;~_~t"i:f;$t1t~ '~+" .~ ,~ - '- If' '~~ -", , H!lW;:"'_i':,:; I ,',:-, .... @ffitt llftqt ~4t:riff \fr William T. Tully Solicitor 1. Daniel Basile Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dal.l\lhin County Harrisburg, flennsylvania l7l0l ph: (717) 255-261'0 fax: (717) 255-2889 Jac~ Lotwick Sheriff I Commonwealth of Pennsylvania IGRANDVIEW SURGICAL & LASER CENTER vs County of Dauphin IHEALTHASSURANCE INC Sheriff's Return I No. 1133-T - -2001 I OTHER COUNTY NO. 01-1479 I AND NOW: April 27, 2001 at 1:40PM served the within I NOTICE & COMPLAINT IN CIVIL ACTION upon HEALTHASSURANCE INC by personally handing to COLLEEN FICKES, HUMAN RESOURCES 1 true attested copy (ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her th~ contents thereof at 2575 INTERSTATE DRIVE HBG, PA 17110-0000 Sworn and subscribed to So Answers, ?R~ ~1Z Deputy Sheriff Pa. before me this 30TH day of APRIL, 2001 (\ ~~. (f)~ f PROTHONOTARY By Sheriff's Costs: $29.25 PD 04/24/2001 RCPT NO 149039 TORO II.. ...... . ) l ~ "-ok ,--."-~,' ,",.', '. ~"'\! , , In The Court of Common Pleas of Cumberland County, Penn.sylvania .' ..... Grandview Surgical & Laser Center VS. Caroline Picking, et. al. Serve: HealthAssurance, Inc. No. 01-1479 Civil Now, 4/17/01 , 20 0 t1 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. . ~~~# ., -1~ Sheriff of Cumberland County, PA Affidavit of Service Now , ,20 , at o'clock M. served the within upon at by handing to a copy ofthe origi..nal and made Imown to the contents thereof. So answers, Sheriff of County, PA , /0 , - COSTS SERVICE MILEAGE AFFIDA V1T $ Sworn. and subscribed before me this day of $ ".,",",'o!~ . --c< ,,"-, .'-".,.. ,', _, .~r.-..___,,_:;"::;'.., ,,- -",-" ,":", .... . GRANDVIEW SURGICAL & LASER CENTER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 01-1479 CIVIL CAROLINE PICKING, Defendant v. CIVIL ACTION - LAW HEALTHASSURANCE, INC., Additional Defendant PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of the undersigned on behalf of Additional Defendant, HealthAssurance, Inc., in the above-captioned matter. Respectfully submitted, TUCKERARENSBERG & SWARTZ By: Dennis R. heaffer Attorney .D. #39182 III North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: yll~t?l Attorney for Additional Defendant HealthAssurance, Inc. 39722.1 ,,"__".1" "',,"-'-"-< ,'-,-,+----....'. ", 'c_ - " CERTIFICATE OF SERVICE AND NOW, this /1.i:i day of 977~ ,2001, PAULA J. BEITER, for the ftrm of TUCKER ARENSBERG & SWARTZ, attorneys for Additional Defendant, hereby certify that I have this day served the within document by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg,PA 17108-0741 Attorney for Plaintiff, Grandview Surgery & Laser Center B. Craig Black, Esquire McKissock & Hoffman 105 North Front Street, Suite 205 Harrisburg, PA 17101 Attorney for Defendant, Caroline A. Picking (~7fi ,~ PAULA J. :tEITER ' :~~~-",; <,-. ^__n-""''''P'',~_" '_'_ __,_.,~ " ","- -,0' ,,: ':'/ ,~' <, c' '~'~~~)..i_"'''' ~ ^"~'," ~ - ,~:;,'k"~;':'~ ;- ,.;d_'""",:" '~,,-, "'~~c>> / /;~ ~" w' "",c;,,"'''''''''''''''C/'' "',......."..,"'..,,'/'""'j 0 0 C ~.. '- ::r~ -rJCC l':-;". !TJrT ~-.... Z:C B;~:~ .' ;:;:;-" ~r c (~) '-- -' ~ )>...-, -=,A' '".' Zc-< PC':: L' ,-, ::::j Z :J1 -.~ =<! 5:J m -< f? (!JI ~ "" , . .<>>< ,"",-, ' ~~' ~" :," , ~ '" -. -, ,oj""-,,-' ",' ,,'-' .r~~""",__, -0'" _ '" "'~'- ',,:,_,,":,', '__" -,H-" .' ','.. ,'''' ,'; "1':,' ',:~__, '~'-!i.: GRANDVIEW SURGICAL & LASER CENTER, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-1479 CIVIL CAROLINE PICKING, Defendant v. CIVIL ACTION - LAW HEALTHASSURANCE,INC., Additional Defendant PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of the undersigned on behalf of Additional Defendant, HealthAssurance, Inc., in the above-captioned matter. Respectfully submitted, TUCKERARENSBERG & SWARTZ By tJi(fr Dennis R. heaffer Attorney I.D. #39182 III North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 Dated: S:-//~Ol Attorney for Additional Defendant HealthAssurance, Inc. 39722.1 ,-,,",,~",_:. ~ ~_ L, , ~~ .& .......,,~ ~ -OM ~""'- '( r- ~ ~~c! COMMoNWEALTH OF PENNSYLVANIA ) " -' COURT OF COMMoN PLEAS NOTICE OF APPEAL fROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01- 1"'79 ~;...; NOTICE OF APPEAL Noliee is given that the appellant has filed in the above Court of Cammon Pleas an appeal fram the judgment rendered by the District Justice an the dale and in the case mentioned below. ,""e.c.M~ I C6 MAG. DlST. NO. OR NAME OF OJ. Oq ~I ,02- STATe ~ ZIPCOOE QTY (Defendant) CV 1\1 LT 19 This block will be ~giled ONLY when this notation is required under Po. R.CP J.P, No. 1008B. This Notice of Appeal, when received by the District Justice, will operale as 0 SUPERSEDEAS 10 the judgment for posses~on in this case. ~ Signature of Prothonotary or Deputy If appellant was CLAIM T (see Pa. R.C.P.JP. No. 1001 (6) in action be~ re District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). 1/ C.II- PRAECIPE: To Prothonotary &12,M.)O\f~uJ ~\J ~'( ~ w.J;Cc.~ ,.. 1'\'"''''1:1:::; A l'Iol.l,.-.IF1 Enter rule upon \!KJ f - - ..,If.- r' I = I _ -. ~' I appellee{s). to file a complaint in this appeal . Name of appeJfee(s) (Common Pleas No. DJ . Ill)" eud ) within twenty (20) days after e.~. &t2AJ0D\I \<{J.U su2fqCdli.j ~ L-~(L RULE: To QI ~ _, appellee(s). Name of appe//flets! -, (1) You ore no~fied ""'t a rule is hereby enlered upon you ta file a complaint in this appeal within twenty (20) days afler the dale of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS Will 8E ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the dale of mailing. Date: ~-' t~ ,., Ja:?/ ~~ R"~~orDffMAY fIOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY >~MI~!I!iY~l;fjl$%l~il~.i\I~1!~i~"~;~cill!M_..k""'~'''\'h" '-,h'_"'''''~''lU'cl~lli.'[o](1i~~~~_~l';~j~~ ~1_rn.k.~~"liiI1l;] T . .......,.~'~l~~dl .......j~"" , ,~, 'k: .~:';' " , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT (This procf of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice 01 appeal, Check applicable boxes) COMMONW",~LTH OF PENNSYLVANIA COUNTY OF _ ; .. A,FFIDAV1T: I hereby swear Or affirm that I served a copy of th,. Notice of Appeal, Common Pleas No, , upon the District Justice designated therein on (date of service) ,___ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,,-____ , 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. [] and furttler that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appeliee(s) to whom the Rule was addressed en _ , 19_~ 0 by personal service by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _______ DAY OF _ .19__ Signature ot alflant Signature of ofticief before whom affidavit was maafJ _____w~_._~______.__~_~,___ Tit!€! of official My ,~ornmjssion 8lq)jres on , _~ . 1S~_ (") 0 ~ c es-. ~~ '"O~ 3: ::;j ~m ;p,. , \ ;;0 fl:j,-n ~Q.; _::0 r- ~. & Z~ "Om CD . .r:- :.r.JO \ ~ :::;;~ 06 " k~j " ".-{ , ~8 :i:""'t\ ~\ :x o:Il \. )> ~ -~""'C) C i3m ....." ~ s:- j;! <;S, ;J::J ~ -< ~\ }J '--.J t ~,~,~JJUJM!'!L:rmr"f1 .mnrrlM.J=I"M' '".'."--'~~,~. ~ ~,"""h .".,!,~...,." Ill! - ...... ' 1 ~ DGr~MONWEAL TH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Disl. No,: 09-1-02 OJ Name: Hon, Addrcs: ROBERT V. MANLOVE 1901 STATE STREET CAMP HILL, PA r",phoo, (717) 761- 0583 17011- 0000 ROBER'!' V. MANLOVE 1901 STATE STREET CAMP HILL, PA 17011-0000 THIS IS TO NOTIFY YOU THAT: JUdgment: [i] JUdgment was entered for: ~~ , ii[['h: NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'GRANDVIEW SURGERY & LASER I 205 GRANDVIEW AVE CAMP HILL, PA 17011 L .J VS. DEFENDANT: NAME and ADDRESS 'PICKING, CAROLINE A 6243 STANFORD CT MECHANICSBURG, PA 17055 L Docket No.: cv- 0000466 - 00 Date Filed: 12/27/00 I .J FOR PT,I\. TNTTFF (Name) nRlINnVTRW ~TTRnF.RV j; T.lI~F.R [i] JUdgment was entered against: (Name) in the amount of $ PTCKTNG, ClIROT,TNF. II (Date of Judgment) ?j?? /n1 1 ?4n ?n on: D D D Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. D D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or D generally stayed. D Objection to levy has been filed and hearing will be held: Date: Place: '- Time: (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total $ 3,173.20 $ 67.00 $ .00 $ .00 $ 3,240.20 Post Judgment Credits Post Judgment Costs $ $ ------------ ------------ otal $ ROBERT< ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGM~~~TJf~ILlNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL D,IVISION. YOU M~ST:NCLUDE A COPY OF T~E JUD I C TF M WIT:~~,~~;~.~7:~,~!.:~PEAL. .--~j;"" ': Date I'\~ ':. ,.....c.t;-Dlstnct.Jusllge '-.' ,/ J' /' : '): ,,"',. " .: I certify t,hatt~is is a true a~~pr~~~py.~:~,:~~t3~o/' of the proceedings cfnt~t~g .t~~~!~g~en~. ~ '~ :;,,,.;) '",; Date /i:./I- V ,,:/ ;/(2'/",' ': J- ....: ,laiStnct JU&.tlce ......_'J;. .'.1 " ~.-:' '". '::?--:1 \~, ..o'.~ My commission expires first Monday of January, AOPC 315-99 I, 2006 ....c". ..". ~ ~. . . . .' ) ~~ " SEA " /, L \,\ 1111 \ ,\~' "''''lllllt' " .# Brigid Q. Alford, Esquire Supreme Court J.D. #38590 BOSWELL, rlN1NER, PICCOlA & WICKERSHAM 315N.FrontStreet PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorn~ys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF v. CAROLINE A. PICKING, DEFENDANT I: . i_, ,'~,-,', ,....,"'''<<--'",.,~, ,-..:--~~,;~.-;, .,' ,,_1'. ','-' ,,,"';,s'., >~,;:_ "o_,,~__ "n-'--'''';';' "'~""~.:-F-';", , -0'>-:, '!" : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA t, : NO. 01-1479 CIVIL ,,'.. ;'. '-1 Ii : CIVIL ACTION - LAW ,:. PRAECIPE TO SETTLE AND DISCONTINUE .-j ',I ['; i-' TO THE PROTHONOTARY: t,i i.' ~; I"~ l,' , Kindly mark the above-matter as settled and discontinued. ~ 1~ BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: DATE: December 19, 2002 '" " " !i, ~ 2~-J-.c- Brigid. Q. Alford, Bsquir ' >'-",~,~ ;'.;.:~<-~ , ~-': -: -,__~_~.ci"",,~"' '-.~ f;~~WT i~ ~-- ~"A . ~~ '-.:-J" ,;,;.,,"" .',+" ::-.( -. .... ".". () ~n~ fnIT',: L.;; ..:;::-'~ f :::,) :::.~: ~~; >~: -; ~ -, """"",,",,,.",_.- 1O :N Cl ~~ "" " "',' C) t\) '::::I P, C-) i"..) Cl c; --j--; ...1 -- -..,-" ---,," "c:.~ :0 -< M~ ",-,,"" "'. .-.- ,; , ;;;,.j, > , / GRANDVIEW SURGICAL and: IN THE COURT OF COMMON PLEAS OF LASER CENTER : CUMBERLAND COUNTY, PENNSYLVANIA V. 01-1479 CIVIL CAROLINE PICKING, V. HEALTH ASSURANCE, INC. IN RE: ARBITRATION ORDER OF COURT AND NOW, December 16, 2002, the Court having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and William A. Yocum, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, G. Edward Schweikert IV, Esquire B. Craig Black, Esquire William A. Yocum, Esquire Dennis R. Sheaffer, Esquire Charles Zaleski, Esquire Barbara Zimmerman, Esquire Court Administrator ~,~ i.l.H-O;L 9-, }" ~lr ~)jJJ'~___ilIlIIIlihiil o o ~iIill1i~~~;i~^h,'d'U,"'W~l~M~'d~..."j.-t-;.". "" o~ru"-'<' . ,~J ':,<J"?;}...:;:;rA:,l\I,e1l~~.'.,,-<~,".;/,,,_{~A .J'" r" ". m.r~ ... -',-. 'ifH\JV!\"1AS~~N:1d I I Nnr--r- >'''l'' '~l ''''''-:1'''n'' j\ If r I j ;,,-\1 i,"~-';'-;'I\' 'J .JJ ' ,\,' '.. ' ":" ..,' ___,. ~, I ~l'" .:1 Ot. 'IJ ~:d AHV1Di",j-~; o I r'-'QC "'0 :7 .)~' 0l, , "," ff1! - ,~<. --- ,~ '." ',t".h,"'..-'-" ~,~,,,-",,,'~'~.- .,,,,~,,,,_;,,-,,,,,,'_""._k" _~,,, ~' '" ,~,",~:-.t~-'."" ..'>__~, ~.. h'~''''~i BOSWELL, TINTNER, PICCOLA & WICKERSHAM LEONARD TINTNER JEFFREY E. PICCOLA RICHARD B. WICKERSHAM JEFFREY R. eOSWELL BR1GID Q. ALFORD G. EDWARD SCHWEIKERT. IV COUNSELORS AT LAW 315 NORTH FRONT STREET P.O. BOX 74t HARRISBURG, PA 17108-0741 17171 236~9377 FAX 17171 236-9316 btpw@att.net WILLIAM D, BOSWELL 11943 -19991 December 12, 2002 William A. Yocum, Esquire 3001 Market Street Camp Hill, PA 17011 RE: Gralldview Surgery v. Pickillg Case No. 01-1479 Civil Cumberland County Court of Common Pleas Dear Mr. Yocum: As you know, the above-referenced case is scheduled for arbitration before you on December 18,2002, at 11 :00 am. Please be advised that my client, Grandview Surgery, has settled its claim against Defendant Picking and that the arbitration date is no longer required. I will take the necessary steps to discontinue my client's action after all settlement funds have been received. Unless I hear otherwise from you, I will assume that no further action on my part is necessary to cancel the upcoming arbitration. Thank you for your assistance in this matter and should you require any further information, please feel free to contact me. GES/adp cc: B. Craig Black, Esquire Dennis R. Sheaffer, Esquire Charles Zaleski, Esquire Barbara Zimmerman, Esquire .~~-~~, no "."'-' _._' " ,"-,'- ,,~'""+ ~ ='"",,,<, __,~ "'-~" .~__.' ~ '",",_ ~;'~"___"''',M~~'_~"~'''''",'~''''_'''9'''''',",'''''.''Y'_Od."''''','' "<2"",9"'-'-"'__"" ",," '_1'0"::": ,.,j#I' ... l. , WILLDAM A. YOCUM ATTORNEY AT LAW 3001 MARKET STREET CAMP HILL. PA 17011 AREA CODE 717 TELEPHONE 761-5041 December 13, 2002 Hon. George E. Hoffer, President Judge 1 Courthouse Square Carlisle, PA 17013-3387 Re: Arbitration Hearing Grandview Surgery v. Picking Case No. - 01-1479 Cumberland County Court of Common Pleas Dear Judge Hoffer: After you appointed me as chairman of the above referenced Arbitration Board, I set the hearing date for December 18, 2002 and this day received a letter alleging settlement from Plaintiff's attorney, a copy of which is here- with enclosed. The Court Administrator's Office was notified and the hearing was cancelled. All parties have been notified by Plaint~ff'attorney's letter of that settlement but there is nothing on the record to indicate,concurrence by the attorney for the Defendant, Caroline A. Picking, who has filed claims for Fraud and Misrepresentation, Breach of Contract and Unfair Trade Practice and Consumer Protection Law Claims against Additional Defendant, Health Assurance, Inc. Defendant's attorney was not available by telephone this afternoon. I am returning the file. Perhaps an order vacating the Arbitration Panel would be appropriate in light of the fact that Plaintiff petitioned for the appointment of arbitrators in the first place and is alleging settlement. Very truly yours, ff!:::'1:e~