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HomeMy WebLinkAbout01-05415ANDERSON ASSOCIATES ADVERTISING, INC., Plaintiff v IN TIiF. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O1- S~1 S CIVIL ACTION HEALTH RISK MANAGEMENT, INC. and OAK TREE HEALTH PLAN, INC., Defendants NOTICE TO PLEAD 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 (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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 ANDERSON ASSOCIATES ADVERTISING, INC., Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol -cSy/~ CIVIL ACTION HEALTH RISK MANAGEMENT, INC. and OAKTREE HEALTH PLAN, INC., Defendants COMPLAINT Plaintiff, Anderson Associates Advertising, Inc., by its attorney, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Anderson Associates Advertising, Inc., is a Pennsylvania business corporation doing business at 401 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant Health Risk Management, Inc. (HRM) is a business corporation registered to do business in the Commonwealth of Pennsylvania at Sixth and Walnut Streets, Suite 900, Curtis Center, Philadelphia, Philadelphia County, Pennsylvania 19106. 3 Defendant OakTree Health Plan, Inc. (OakTree) is a business corporation registered to do business in the Commonwealth of Pennsylvania at Sixth and Walnut Streets, Suite 900, Curtis Center, Philadelphia, Philadelphia County, Pennsylvania 19106. 4 On or about Apri120, 2000, Defendant HRM employed Plaintiff to serve as an advertising agency agent for Defendant HRM, Defendant OakTree, and Defendant HRM d/b/a HealthMATE. 5 Since April 2000, Plaintiff has performed advertising services on behalf of Defendant HRM and Defendant OakTree and has diligently carried out the advertising and marketing programs for these associated entities subject to the directions and approval of agents for both Defendants, said services performed by Plaintiff in Cumberland County, Pennsylvania. 6 With respect to the advertising services Plaintiff performed on behalf of both Defendants, Plaintiff maintained books of account, keeping an accurate and running account of all debits and credits relating to the advertising services performed for the Defendants. 7 Since Apri12000, Plaintiff has periodically submitted invoices to Defendants with respect to the account Defendants maintained with Plaintiff, and Defendants have in the past made timely payments to Plaintiff on said account. 8 As of July 31, 2001, Plaintiff has submitted to Defendants a written account accurately showing the current balance on Defendants' account. A true and correct copy of this written account is attached hereto and marked Exhibit "A" and shows a balance owing of $53,560.52. 9 Through various conversations agents of Plaintiff have had with agents of Defendants, Defendants have agreed with the Plaintiff that the sum of $53,560.52 was owing on said account as of July 31, 2001. 10 Although Plaintiff has made appropriate demand to Defendants, Defendants have failed to pay all or any part of the monies owed. 11 As of August 31, 2001 additional interest has accrued on Defendants account at an interest rate of 1.5% per month, with the balance owing on Defendants' account as of August 31, 2001 being $54,368.88. 12 Both Defendants are related corporate entities, with Defendant HRM doing business in the Commonwealth of Pennsylvania under the trade name of Oak Tree and alternately under the trade name of HealthMATE. WHEREFORE, Plaintiff Anderson Associates, Inc. demands judgment against Defendant Health Risk Management, Inc. and Defendant Oak Tree Health Plan, Inc. in the amount of $54,368.88 plus interest at 1.5% monthly from August 31, 2001 plus costs of these proceedings. Respectfully submitted, Hubert X. Gilroy, Esquire Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717)243-4574 Supreme Court ID No. 29943 ~.~ _ ~~- 4 8/2/01 at 12:29:40.07 Page: I ANDERSON ASSOCIATES ADVERTISING, INC. Aged Receivables As of Aug 31; X001 Filter Criteria includes: 1) IDs from OAK TREE HEALTH PLAN to OAK TREE HEALTH PLAN. Report order is by ID. Report is printed in Detail Format. Customer ID Irvolce No 0.30 31- 60 Customer Contact Telephone 1 61 -90 Over 90 days Amoumt Due I OAK TREE HEALTH PLAN 402 OAK TREE HEALTH PLAN 501 ROBIN SAMET 601-01 701 OAK TREE HEALTH PLAN OAK TREE HEALTH PLAN Report Total 16,411.39 16,411.39 29,258.28 29,258.28 7,184.19 7,184.19 706.66 706.66 706.66 7,184.19 45,669.67 53,560.52 706.66 7,184.19 45,669.67 53,560.52 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ~ ~ ~ Z~ nt Steven C. Anderson, President Anderson Associates Advertising, Inc. I' ~$~a5ks~avdamekaws~mu~ti~ -bra astr~sp: -az 3 _ -.,,. ~ ,~ .~~F+v ` '~ "-"' ^°`r - ~,~~~~= f cs -~. -~ (:. n h T .y -+, ~ N ~ c _ _ ~ ~ i U1 CN ~~{ ~ . :xaw~ ,SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05415 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON ASSOCIATES ADVERTISIN VS HEALTH RISK MANAGEMENT R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT HEALTH RISK MANAGEMENT INC but was unable to locate Them to wit: in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 6th 2001 this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Philadelphia 116.00 nn 1 J J V V 11/06/2001 BROUJOS & GILROY Sworn and subscribed to before me this j1'~ day of ~~~~ So answers• ,YG R. T omas Kline Sheriff of Cumberland County o2av( A.D. y,, ~~ ~/~~~ ~ Prothonot r SHERIFF'S RETURN - OUT OF COUNTY a CASE NO: 2001-05415 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON ASSOCIATES ADVERTISIN VS HEALTH RISK MANAGEMENT R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: UAKTREE HEALTH PLAN INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to Serve the within COMPLAINT & NOTICE On November 6th 2001 this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 11/06/2001 BROUJOS & GILROY Sworn and subscribed to before me this /3~ day of,~,,~,~ `,_, .. So answ i~~ R.` Thomas Kline Sheriff of Cumberland County _ ~,.w, c1. ~ Bpi ~Lf~y Prothonota y • a t , In The C®rt ®f ~C~mm®u 1'l~as ®f Cumberland Cauuty, Peu~sylvania Anderson Associates Advertising, Inc. VS. Health Risk Management,-Inc. et al SERVE: Oaktree Health Plan, -Inc. No. O1 5415 civil Now, September 18, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,.'` Sheriff of Cumberland County, PA ~t~davit ~f Service NOW, within upon at by handing to a 20_, at o'clock copy of the original M. served the and made known to the contents thereof. 5o answers, Sheriff of COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT County, PA SERVE, same No. O1 5415 civil Now, september 18, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff: ~ m Sheriff of Cumberland County, PA Affclavit ®f Service Now, within upon at by handing to a and made known to Sworn and subscribed before me this day of , 20 20_, at o'clock M. served the copy of the original So answers, Sheriff of the contents thereof. COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN • NOT FOUND VERSUS COMMON PLEAS NO. COUNTY COURT ~~~~ ~TERM,h~7f(J~ NOT FOUND as to GC~/l-7i'1/"~~'v2~D"~ ,the above named defendant, within the County of Philadelphia, State of Pennsylvania, as of ~~~ ~ ~ . O~ ~ ~o~ So answers, JOHN .GREEN, S~ F~ ]3~: ~ //~ Deputy Sheri 12.225 (Rev. 92/87) . ~. ANDERSON ASSOCIATES ADVERTISING, INC., Plaintiff v IN THF, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O1- S`//~ CIVIL ACTION HEALTH RISK MANAGEMENT, INC. and OAK TREE HEALTH PLAN, INC., Defendants NOTICE TO PLEAD 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 (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 l:arlisle, Pennsylvania 717-249-3166 TRitE COP1f FROM REOOii~ rrt TeetNr~tty whereof, I here wan eet Irly aatto and fhe seal d Bald ~, ~~ _~ .~ , ~ ~e ANDERSON ASSOCIATES : IN THE COURT OF COMMON PLEAS OF ADVERTISING, INC., :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v : NO. 01 - 5 ~l l S C[VIL ACTION HEALTH RISK MANAGEMENT, INC. and OAKTREE HEALTH PLAN, INC., Defendants COMPLAINT Plaintiff, Anderson Associates Advertising, Inc., 6y its attorney, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Anderson Associates Advertising, Inc., is a Pennsylvania business corporation doing business at 401 East Lowther Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant Health Risk Management, Inc. (HRM) is a business corporation registered to do business in the Commonwealth of Pennsylvania at Sixth and Walnut Streets, Suite 900, Curtis Center, Philadelphia, Philadelphia County, Pennsylvania 19106. 3 Defendant OakTree Health Plan, Inc. (OakTree) is a business corporation registered to do business in the Commonwealth of Pennsylvania at Sixth and Walnut Streets, Suite 900, Curtis Center, Philadelphia, Philadelphia County, Pennsylvania 19106. 4 On or about April 20, 2000, Defendant HRM employed Plaintiff to serve as an advertising agency agent for Defendant HRM, Defendant OakTree, and Defendant HRM d/6/a HealthMATE. 5 Since April 2000, Plaintiff has performed advertising services on behalf of Defendant HRM and Defendant OakTree and has diligently carried out the advertising and marketing programs for these associated entities subject to the directions and approval of agents for both Defendants, said services performed by Plaintiff in Cumberland County, Pennsylvania. 6 With respect to the advertising services Plaintiff performed on behalf of both Defendants, Plaintiff maintained books of account, keeping an accurate and running account of alt debits and credits relating to the advertising services performed for the Defendants. 7 Since Apri12000, Plaintiff has periodically submitted invoices to Defendants with respect to the account Defendants maintained with Plaintiff, and Defendants have in the past made timely payments to Plaintiff un said account. ~.. s As of July 31, 2001, Plaintiff has submitted to Defendants a written account accurately showing the current balance on Defendants' account. A true and correct copy of this written account is attached hereto and marked Exhibit "A" and shows a balance owing of $53,560.52. 9 Through various conversations agents of Plaintiff have had with agents of Defendants, Defendants have agreed with the Plaintiff that the sum of $53,560.52 was owing on said account as of July 31, 2001. 10 Although Plaintiff has made appropriate demand to Defendants, Defendants have failed to pay all or any part of the monies owed. 11 As of August 31, 2001 additional interest has accrued on Defendants account at an interest rate of 1.5% per month, with the balance owing on Defendants' account as of August 3l, 2001 being $54,368.88. 12 Both Defendants are related corporate entities, with Defendant HRM doing business in the Commonwealth of Pennsylvania under the trade name of Oak Tree and alternately under the trade name of HealthMATE. .. WHEREFORE, Plaintiff Anderson Associates, Inc. demands judgment against Defendant Health Risk Management, Inc. and Defendant Oak Tree Health Plan, Inc. in the amount of $54,368.88 plus interest at 1.5% monthly from August 31, 2001 plus costs of these proceedings. Respectfully submitted, Hubert X. Gilroy, Esquire Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717)243-4574 Supreme Court ID No. 29943 .8(2)01 at 12:29:40.07 ~ ~ B ANDERSON ASSOCIATES ADVERTISING, INC. , Pa e: l Aged Receivables As of Aug 31, 2001 Filter Criteria includes: 1) IDs from OAK TREE HEALTH PLAN to OAK TREE HEALTH PIAN. Report orde[ is by ID. Report is printed in Detai! Fo[mat. Customer ID lovoice No 0 - 30 31 - 60 6l - 90 Over 90 days Amount Due Customer Contact Telephone l OAK TREE HEALTH PLAN 402 16,411.39 16,411.39 OAK TREE HEALTH PLAN 501 29,258.28 29,258,28 ROBIN SAMET 601-0I 7,184.19 7,184.19 701 706.66 706.66 OAK TREE HEALTH PLAN 706.66 7,184.19 45,669.67 53,560.52 OAK TREE HEALTH PLAN Report Total 706.66 7,184.19 45,669.67 53,560.52 t I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ~ 1 I ~'I UI Steven C. Anderson, President Anderson Associates Advertising, Inc. .. i ANDERSON ASSOCIATES ADVERTISING, INC., Plaintiff v HEALTH RISK MANAGEMENT, INC. and OAK TREE HEALTH PLAN, INC., Defendants IN THF, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O1- ,j y~.$~ CIVIL ACTION NOTICE TO PLEAD 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 (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 l:arlisle, Pennsylvania 717-249-3166 TRItE COPY- FROM REOORD m Thy whereof, l hero tlnpl eet my hano and the of she Cou . Pa. TAI ~ `.nay ; ~rothonote ~ . 1 ANDERSON ASSOCIATES ADVERTISING, INC., Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O1 - SS'IS` CIVIL ACTION HEALTH RISK MANAGEMENT, INC. and OAKTREE HEALTH PLAN, INC., Defendants COMPLAINT Plaintiff, Anderson Associates Advertising, Inc., by its attorney, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Anderson Associates Advertising, Inc., is a Pennsylvania business corporation doing business at 401 East Lowther Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant Health Risk Management, Inc. (HRM) is a business corporation registered to do business in the Commonwealth of Pennsylvania at Sixth and Walnut Streets, Suite 900, Curtis Center, Philadelphia, Philadelphia County, Pennsylvania 19106. 3 Defendant OakTree Health Plan, Inc. (OakTree) is a business corporation registered to do business in the Commonwealth of Pennsylvania at Sixth and Walnut Streets, Suite 900, Curtis Center, Philadelphia, Philadelphia County, Pennsylvania 19106. ~ ~! e ~l On or about Apri120, 2000, Defendant HRM employed Plaintiff to serve as an advertising agency agent for Defendant HRM, Defendant OakTree, and Defendant HRM d/b/a HealthMATE. 5 Since Apri12000, Plaintiff has performed advertising services on behalf of Defendant HRM and Defendant OakTree and has diligently carried out the advertising and marketing programs for these associated entities subject to the directions and approval of agents for both Defendants, said services performed by Plaintiff in Cumberland County, Pennsylvania. 6 With respect to the advertising services Plaintiff performed on behalf of both Defendants, Plaintiff maintained books of account, keeping an accurate and running account of all debits and credits relating to the advertising services performed for the Defendants. 7 Since April 2000, Plaintiff has periodically submitted invoices to Defendants with respect to the account Defendants maintained with Plaintiff, and Defendants have in the past made timely payments to Plaintiff on said account. . ~ ,~ .. s As of July 31, 2001, Plaintiff has submitted to Defendants a written account accurately showing the current balance on Defendants' account. A true and correct copy of this written account is attached hereto and marked Exhibit "A" and shows a balance owing of $53,560.52. 9 Through various conversations agents of Plaintiff have had with agents of Defendants, Defendants have agreed with the Plaintiff that the sum of $53,560.52 was owing on said account as of July 31, 2001. 10 Although Plaintiff has made appropriate demand to Defendants, Defendants have failed to pay all or any part of the monies owed. 11 As of August 31, 2001 additional interest has accrued on Defendants account at an interest rate of 1.5% per month, with the balance owing on Defendants' account as of August 31, 2001 being $54,368.88. 12 Both Defendants are related corporate entities, with Defendant HRM doing business in the Commonwealth of Pennsylvania under the trade name of Oak Tree and alternately under the trade name of HealthMATE. _. _.W~. _ ~f r WHEREFORE, Plaintiff Anderson Associates, Inc. demands judgment against Defendant Health Risk Management, Inc. and Defendant Oak Tree Health Plan, Inc. in the amount of $54,368.88 plus interest at 1.5% monthly from August 31, 2001 plus costs of these proceedings. Respectfully submitted, Hubert X. Gilroy, Esquire Attorney for Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717)243-4574 Supreme Court ID No. 29943 8/7/01 a412:29:40.07 , ~ .. ~ ~ ' Page: l " r ANDERSQN ASSOCIATES ADVERTISING, [NC: Aged Reccivable's As of Aug 31, 2001 Filter Criteria includes: 1) IDs from OAK TREE HEALTH PLAN to OAK TREE HEALTH PLAN. Report order is by ID. Report is printed in Detail Format. - Customer ID Invoice No 0 - 30 3l - 60 6l - 90 Over 90 days Amount Due Customer Contact Telephone I OAK TREE HEALTH PLAN 402 16,411.39 16,411.39 OAK TREE HEALTH PLAN 501 29,258.28 29,258.28 ROBIN SAMET 601-O1 7,184.19 7,184.19 ', 701 706.66 706.66 OAK TREE HEALTH PLAN 706.66 7,184.19 45,669.67 53,560.52 OAK TREE HEALTH PLAN Report Total 706.66 7,184.19 45,669.67 53,560.52 . _ . •. I verify that the statements made in the foregoing document are true and correct. I understated that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: ~ ~ i zi of ~--~_ Steven C. Anderson, President Anderson Associates Advertising, Inc.