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HomeMy WebLinkAbout03-5298LAW OFFICES OF DAVID W. MERSKY David W. Mersky Attorney I.D. No. 68895 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Federal Management Corporation, assignee of Lloyd Silber Orthopedics 1097 Commercial Avenue PO Box 5385 Lancaster, PA 17606 Plaintiff vs. No. n3 Eiz ? Danny N. Malcolm and LueAnn Malcolm, husband and wife 364 Greenspring Road Newville, PA 17241 Defendants NOTICE TO DEFEND 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 defense or objections to the claims as 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. AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una com parencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: (800) 990-9108 LAW OFFICES OF, DdVIDIW. MERSKY BY: David W. r'sky Attorney I. . No. 68895 Attorneys or Plaintiff 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 2 LAW OFFICES OF DAVID W. MERSKY David W. Mersky Attorney I.D. No. 68895 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Federal Management Corporation, assignee of Lloyd Silber Orthopedics 1097 Commercial Avenue PO Box 5385 Lancaster, PA 17606 Plaintiff vs. No. e%Z - S.) 9,P Danny N. Malcolm and LueAnn Malcolm, husband and wife 364 Greenspring Road Newville, PA 17241 Defendants COMPLAINT The Plaintiff in this action is Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, a Pennsylvania corporation with its principal place of business located in Lancaster, Lancaster County, Pennsylvania. 2. The Defendants in this action are Danny N. Malcolm and LueAnn Malcolm, who at all times material hereto were husband and wife and whose last known address is 364 Greenspring Road, Newville, Cumberland County, Pennsylvania. 3. In and about June, 2002, through September, 2002, Plaintiff provided Defendant, and Defendant received, accepted and enjoyed the benefit of certain medical and prosthetic devices and services. 4. Regular invoices and statements of account in the principal amount of $10,108.35 were delivered by Plaintiff to Defendant for the prosthesis and associated services provided by Plaintiff to Defendant. 5. The amount claimed by Plaintiff does not exceed the jurisdictional amount requiring arbitration referral by local rule. COUNTI ACCOUNT STATED DANNY N. MALCOLM 6. Paragraphs 1 through 6 are incorporated herein by reference. Defendant Danny Malcolm has at all times accepted, agreed to and/or acquiesced in the invoices and periodic accounts submitted by Plaintiff to Defendant and, in fact, submitted claims for same to his insurance carrier; Defendant has not at any time disputed the amounts or charges therefor. WHEREFORE, Plaintiff, Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, respectfully requests that the Court enter judgment in its favor and against Defendant Danny N. Malcolm, and award damages in the amount of $10,108.35, together with interest, attorneys' fees and costs as permitted by agreement and law. COUNT II BREACH OF CONTRACT DANNY N. MALCOLM In the alternative, Plaintiff alleges as follows: 8. Paragraphs 1 through 6 and Count I are incorporated herein by reference. 9. In consideration for the prosthesis and associated services provided as described above, Defendant Danny Malcolm expressly and impliedly agreed to pay Plaintiff the amounts invoiced. 10. Despite repeated demands, Defendant has failed and refused to pay Plaintiff all amounts due and owing. WHEREFORE, Plaintiff, Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, respectfully requests that the Court enterjudgment in its favor and against Defendant Danny N. Malcolm, and award damages in the amount of $10,108.35, together with interest, attorneys' fees and costs as permitted by agreement and law. COUNT III UNJUST ENRICHMENT DANNY N. MALCOLM In the alternative, Plaintiff alleges as follows: 11. Paragraphs 1 through 6 and Counts I and II are incorporated herein by reference. 12. Defendant Danny Malcolm knew that Plaintiff did not intend to provide the prosthesis and associated services, as well credit, that is, the use of monies due and owing Plaintiff, to Defendant gratuitously. 13. It would be unjust for Defendant to retain the benefit of prosthesis, services and monies without paying Plaintiff full value therefor. WHEREFORE, Plaintiff, Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, respectfully requests that the Court enter judgment in its favor and against Defendant Danny N. Malcolm, and award damages in the amount of $10,108.35, together with interest and costs as permitted by law. COUNT IV DEBTS CONTRACTED FOR NECESSARIES LUEANN MALCOLM 14. Paragraphs 1 through 6 and Counts I, II and III are incorporated herein by reference. 15. The prosthesis and associated services provided by Plaintiff were to the benefit of, and for the support and maintenance of, the Malcolm family. WHEREFORE, Plaintiff, Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, respectfully requests that the Court enter judgment in its favor and against Defendant LueAnn Malcolm, and award damages in the amount of $10,108.35, together with interest and costs as permitted by law. LAW OFFICES OF DAVID W. MERSKY BY: David W. rsky Attorney I. . No. 68895 731 North uke Street Lancaster, PA 17602 (717) 291-1413 4 VERIFICATION I, Jon T. Hurst, President of Federal Management Corporation., state that I am authorized to make this Verification on its and my behalf. The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and, based upon information that Federal Management Corporation and Lloyd Silber Orthopedics has given to counsel, it is true and correct to the best of my personal knowledge and information and belief. As for the language and allegations which may constitute conclusions of law, I sign this verification on the recommendation of my attorneys who advise that these allegations raise issues for resolution at trial, by the Court or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete. 1 understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. FEDERAL MANAGEMENT CORPORATION By Dated: I o/ j 1 03 N I'S ? N c- '6s. Lrt -i ? yL LJ SHERIFF'S RETURN - REGULAR CASE NO: 2003-05298 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL MANAGEMENT CORPORATION VS MALCOLM DANNY N ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MALCOLM LUEANN the DEFENDANT , at 1522:00 HOURS, on the 13th day of October 2003 at 364 GREENSPRING ROAD NEWVILLE, PA 17241 by handing to DANNY N MALCOLM, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this l& ? day of o20y3 A.D. Prothonotary So Answers: .J R. Thomas Kline 10/14/2003 DAVID MERSKY By : /Dputyxsh?eriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-05298 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FEDERAL MANAGEMENT CORPORATION VS MALCOLM DANNY N ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MALCOLM DANNY N the DEFENDANT , at 1522:00 HOURS, on the 13th day of October 2003 at 364 GREENSPRING ROAD NEWVILLE, PA 17241 by handing to DANNY N MALCOLM a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this W day of 2vvj A.D. ?? ot '-7 Prothonotar?l So Answers: R. Thomas Kline 10/14/2003 DAVID MERSKY By: Deputy S erih ff FEDERAL MANAGEMENT CORPORATION, assignee of LLOYD SILBER ORTHOPEDICS, !Plaintiff DANNY N LUE ANN To the Plaintiff: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5298 CIVIL TERM NOTICE TO PLEAD You are hereby notified to file a written response to the Preliminary Objections within twenty (20) days of se?vice hereof or a judgment of non pros may be entered against you. HANFT & KNIGHT, P.C. William A. Addams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013' (717) 249-5373 Attorney for Defendant Date: October 22, FEDERAL MANAGEMENT CORPORATION, assignee of LLOYD SILBER ORTHOPEDICS, Plaintiff V. DANNY N. MALCOLM and LUE ANN MALCOM, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5298 CIVIL TERM PRELIMINARY OBJECTIONS AND NOW, come the Defendants, Danny N. Malcolm and LueAnn Malcolm, by their attorney, William A. Addams, of Hanft & Knight, P.C., and in accordance with Pa. R.C.P. 1028 make preliminary objections to the Plaintiff s Complaint and in support thereof assert the following: OBJECTION IN THE NATURE OF A MORE SPECIFIC COMPLAINT Paragraph I of the Complaint alleges that Plaintiff Federal Management Corporation is the assignee of Lloyd Silber Orthopedics. 2. This claim, which is evidently based upon a writing, is in violation of Pa. R.C.P. 1019(h) which require the Plaintiff to attach a copy of the writing. The Complaint in Paragraph 3 claims that from June through September 2002 the Plaintiff provided the 1efendant with devices and services, and in Paragraph 4 that invoices and statements of account i? the amount of $10,108.35 were generated. 4. This clam, which is based upon a writing, is in violation of Pa. R.C.P. 1019(h). WHEREFORE, the Defendants request your Honorable Court to order the Plaintiff to file a more specific pleading within twenty (20) days with writings in support of its claims attached, or suffer judgment of non pros. HANFT & KNIGHT, P.C. William A. Ad arras Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this 22nd day of October, 2003, I, Mary.M. Price, an employee of Hanft & Knight, P.C., hereby certify that I have served a copy of the Preliminary Objections by mailing the same by United State ???? "mail, postage prepaid, to: David W. Mersky, Esquire 731 North Duke Street Lancaster, PA 17602 ', C tV ?„ C-. LAW OFFICES OF DAVID W. MERSKY David W. Mersky Attorney I.D. No. 68895 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Federal Management Corporation, assignee of Lloyd Silber Orthopedics 1097 Commercial Avenue PO Box 5385 Lancaster, PA 17606 Plaintiff Vs. No. 2003-05298 P Danny N. Malcolm and LueAnn Malcolm, husband and wife 364 Greenspring Road Newville, PA 17241 Defendants NOTICE TO DEFEND 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 defense or objections to the claims as 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. AVISO Le han demandado a usted en la Corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una com parencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sues objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la Corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA. CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: (800) 990-9 a LAW OFFI)KES?F 0AVIV W. MERSKY BY: /I 111- -/ Attorne}??I.D. No. 68895 Attorne : for Plaintiff 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 LAW OFFICES OF DAVID W. MERSKY David W. Mersky Attorney I.D. No. 68895 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Federal Management Corporation, assignee of Lloyd Silber Orthopedics 1097 Commercial Avenue PO Box 5385 Lancaster, PA 17606 Plaintiff V5. No. 2003-05298 P Danny N. Malcolm and LueAnn Malcolm, husband and wife 364 Greenspring Road Newville, PA 17241 Defendants FIRST AMENDED COMPLAINT The Plaintiff in this action is Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, a Pennsylvania corporation with its principal place of business located in Lancaster, Lancaster County, Pennsylvania. A copy of the power-of-attorney / assignment is attached hereto as Exhibit "A" and incorporated. herein by reference. 2. The Defendants in this action are Danny N. Malcolm and LueAnn Malcolm, who at all times material hereto were husband and wife and whose last known address is 364 Greenspring Road, Newville, Cumberland County, Pennsylvania. In and about June, 2002, through September, 2002, Plaintiff provided Defendant, and Defendant received, accepted and enjoyed the benefit of certain medical and prosthetic devices and services. 4. Regular invoices and statements of account in the principal amount of $10,108.35 were delivered by Plaintiff to Defendant for the prosthesis and associated services provided by Plaintiff to Defendant. Though attaching copies of all statements and invoices delivered to Plaintiff by Defendant would be overly burdensome, copies of invoice numbers 3821 and 4322, which set forth the services, devices and costs thereof, are attached hereto as Exhibit "B" and incorporated herein by reference. The amount claimed by Plaintiff does not exceed the jurisdictional amount requiring arbitration referral by local rule. COUNTI ACCOUNT STATED DANNY N. MALCOLM 6. Paragraphs I through 6 are incorporated herein by reference. 7. Defendant Danny Malcolm has at all times accepted, agreed to and/or acquiesced in the invoices and periodic accounts submitted by Plaintiff to Defendant and, in fact, submitted claims for same to his insurance carrier; Defendant has not at any time disputed the amounts or charges therefor. WHEREFORE, Plaintiff, Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, respectfully requests that the Court enter judgment in its favor and against Defendant Danny N. Malcolm, and award damages in the amount of $10,108.35, together with interest, attorneys' fees and costs as permitted by agreement and law. COUNT II BREACH OF CONTRACT DANNY N. MALCOLM In the alternative, Plaintiff alleges as follows: 8. Paragraphs 1 through 6 and Count I are incorporated herein by reference. In consideration for the prosthesis and associated services provided as described above, Defendant Danny Malcolm expressly and impliedly agreed to pay Plaintiff the amounts invoiced. 10. Despite repeated demands, Defendant has failed and refused to pay Plaintiff all amounts due and owing. WHEREFORE, Plaintiff, Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, respectfully requests that the Court enter judgment in its favor and against Defendant Danny N. Malcolm, and award damages in the amount of $10,108.35, together with interest, attorneys' fees and costs as permitted by agreement and law. COUNT III UNJUST ENRICHMENT DANNY N. MALCOLM In the alternative, Plaintiff alleges as follows: 11. Paragraphs I through 6 and Counts I and II are incorporated herein by reference. 12. Defendant Danny Malcolm knew that Plaintiff did not intend to provide the prosthesis and associated services, as well credit, that is, the use of monies due and owing Plaintiff, to Defendant gratuitously. 13. It would be unjust for Defendant to retain the benefit of prosthesis, services and monies without paying Plaintiff full value therefor. WHEREFORE, Plaintiff, Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, respectfully requests that the Court enter judgment in its favor and against Defendant Danny N. Malcolm, and award damages in the amount of $10,108.35, together with interest and costs as permitted by law. COUNT IV DEBTS CONTRACTED FOR NECESSARIES LUEANN MALCOLM 14. Paragraphs 1 through 6 and Counts I, II and III are incorporated herein by reference. 15. The prosthesis and associated services provided by Plaintiff were to the benefit of, and for the support and maintenance of, the Malcolm family. WHEREFORE, Plaintiff, Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, respectfully requests that the Court enter judgment in its favor and against Defendant LueAnn Malcolm, and award damages in the amount of $10,108.35, together with interest and costs as permitted by law. LAW OFFICES OF DA)(ID W. MERSKY BY: David W. ersky Attorney I. T. No. 68895 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 4 VERIFICATION I, Jon T. Hurst, President of Federal Management Corporation., state that I am authorized to make this Verification on its and my behalf. The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and, based upon information that Federal Management Corporation and Lloyd Silber orthopedics has given to counsel, it is true and correct to the best of my personal knowledge and information and belief. As for the language and allegations which may constitute conclusions of law, I sign this verification on the recommendation of my attorneys who advise that these allegations raise issues for resolution at trial, by the Court or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. FEDERAL MANAGEMENT CORPORATION By Dated: 1\I l l 03 SPECIAL POWER OF ATTORNEY AND ASSIGNMENT FOR COLLECTION AND LITIGATION NOTICE- THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT') BROAD POWERS TO HANDLE PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S.CH.56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. FOR: Lloyd Silber Orthopedics Date: 6S 2Do2 BY' A H SIGNATURE, TITLE Notwithstanding the above required Notice, this power-of-attorney is a special power-of-attorney and assignment for collection and litigation, and not a general powet- of-attomey. Lloyd Silber Orthopedics of 315 W. James St., 101, Lancaster, PA 17603-2979, by the undersigned authorized officer hereby appoints Federal Management Corporation, of 1097 Commercial Avenue, P.O. Box: 5385, Lancaster, Pennsylvania 17606, its true and lawful attomey-in-fact, and in its place and stead for the purpose of collection, litigating and settling the claim or claims for accounts incurred in the name of or on behalf of Danny N. Malcolm and LueAnn Malcolm. You hereby also transfer, assign and set over to Federal Management Corporation for purpose of collection (including such litigation, settlement or other proceedings in any court which shall be necessary), the accounts of the above person. ; 1i A EXHIBIT IN WITNESS WHEREOF, and intending to be legally bound hereby, I have signed this Power of Attorney this day of 2003 ZLY-i. FOR: Lloyd Silber Ortho ediiccss BY: wL ? d(SEAL) AUT O IGNATURE, TITLE Signed, sealed, and delivered in the presence of: COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF r;Y-K ) On this, the __2/1_day of "h 2= 20_p--?, before me, a Notary Public, personally appeared 57-e g h o e-- an officer of Lloyd Silber Orthopedics, known to me (or satisfactorily roven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she has the authority as an officer of Lloyd Silber Orthopedics, and that he/she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ?/ Notary Public NOTARIAL SEAL t,EONAC.I tKIN,NOTARYPUBnC $PflINCETTSBURVTYdJORRCO M MIY COMMISSION FXPRIES SEPf, t, 2D03 Lloyd Silber orthopedics 1497 South Queen Street York, PA 17402 (717) 852-0939 Invoice # 3821 Date Q6-07-02 Provided To Patients Bill To: DAN MALCOLM DAN MALCOLM 364 r,REENsPRING RD 364 GREENSPRING RD NEWVILLE PA 17241 NEWVILLE PA 17241 SAV FROM OTY H DESCRIPTION PREP AK ISCHIAL THERMO MO FEE 2390.65 TOTAL 2390.65 0 -0 8 2 06 - 2 1 55 L L5624 5624 PR PR RT AT TEST SOCKET ABOVE KNEE 910.54 410.54 58 25 0 9- 0 - 2 6 0 1 R RT ISC}t CONTAINMTNARROW ML S 2025.58 . 20 06-26-00 1 1,5699 P TOT CONTACT AKKNEE DISART 499.75 994.75 06-28-00 1 L5650 PR PR RT AT AK FLEX INNER SOCKET EXT 1217.04 1217.04 06-28-00 0 1 1 L5651 L5668 PR RT SOCKET INSERT WO LOCK LOW 102.96 72 102.96 72 537 06-28-0 06-29-00 1 L5970 PR RT ENDO AKHIP ALIGNABLE SYST K ULTRALIGHT MATERI 537. 858.77 . 955.77 06-28-00 1 1,5950 PR PR RT RT ENDO A SUCTION SUSP AKKNEE DISAR 441.84 441.84 O6^28 00 1 1,5652 L5695 PR RT AK SLEEVE 9USP NEOPAENEE4 1 06-28-00 06-28-00 1 1 L5811 PR RT ENDO KNEESHIN MNL LCK ULT 739.11 22:43 1 739. 269.16 06-28-00 12 L8430 PR RT PROSTHETIC SOCK MULTI PLY SINGLE PLY AK 9.32 111.84 06-29-00 12 L8480 PR AT PROS SOCK Referring Doctor! JOSEPH CAMPBELL MD Diagnosis Code: 897.2 Non-A11oWed Amount: Amount Due = Amount Past Due Last Payment Received Tyne Date Received : Amount NOTE PER CBC, PATIENT MUST OVERLOOK TIMELY FILING RECONSIDERED. IF NOT, FOR REMAINING BALANCE. 1 2448.25 0.00 0.00 0.00 0.00 DO APPEAL LETTER REQUESTING THAT CSC LIMIT IN ORDER FOR THIS CLAIM TO BE THE PATIENT MAY BE HELD RESPONSIBLE PLEASE CONTACT JULIE SMITH 0 757-5938. 979295 EXHIBIT Lloyd Silber Orthopedics 1497 South Qaeen Street York, PA 17402 (717) 552-0939 Invoice N 4322 Date 06-01-02 Bill To: DAN MALCOLM 364 GREENSPI NEWVILLE PA SRV FROM QTY OB^i0-00 L -10-00 1 LING RD 17241 HCPC L3020 PR IT L3221 PR IT RT Provided To Patient: DAN MALCOLM 364 GREENSPRING RD NEWVILLE PA 17241 DESCRIPTION FEE TOTAL Foot longitudmetatarsal J 115.50 115.50 Orthopedic Footwear Mang 200.00 200.00 315.50 Raferring Doctor: JOSEPH CAMPBELL MD Diagnosis Code: 250.8 Non-Allowed Amount: 78.88 Amount Due : 31` r Amount Past Due : -31f S•50 x- Last Payment Received Type 0.00 Date Received Amount : 0.00 NOTE PER CAPITAL BLUE CROSS, PATIENT DOES NOT HAVE DURABLE MEDICAL EQUIPMENT ??oVERRGE UNDER LANCE DUE. WE N 0 ACCEPT PLEASE VISA AND CONTACT MASTERCARD. THAK INSURANCE YOUOMPANX OR REMIT BA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Federal Management Corporation, assignee of Lloyd Silber Orthopedics 1097 Commercial Avenue PO Box 5385 Lancaster, PA 17606 Plaintiff VS. Danny N. Malcolm and LueAnn Malcolm, husband and wife 364 Greenspring Road Newville, PA 17241 Defendants No. 2003-05298 P CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing amended complaint was served by mailing, first class mail, postage prepaid, upon he following: William A. Addams, Esquire Hanft & Knight, PC 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 LAW OFFI&S OF DAVID W. MERSKY BY: AttornI.D. No. 68895 731 N 41h Duke Street Lancas er, PA 17602 (717) 291-1413 Dated: November 10, 2003 FEDERAL MANAGEMENT CORPORATION, assignee of LLOYD SILBER ORTHOPEDICS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 03-5298 P DANNY N. MALCOLM and LUEANN MALCOLM, Defendants NOTICE TO PLEAD TO: Plaintiff Federal Management Corporation You are hereby notified to plead to the within New Matter within twenty (20) days of service hereof or a judgment may be entered against you. HANFT & KNIGHT, P.C. By' William A. ddams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Defendants Date: December 4, 2003 FEDERAL MANAGEMENT CORPORATION, assignee of LLOYD SILBER ORTHOPEDICS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. DANNY N. MALCOLM and LUEANN MALCOLM, Defendants NO. 03-5298 P ANSWER AND NOW, come the Defendants, Danny N. Malcolm and LueAnn Malcolm, by their attorney, William A. Addams, of Hanft & Knight, P.C., and file the following Answer to the Plaintiffs Complaint: 1. Admitted. 2. Admitted. 3. Denied. The Plaintiff provided no services to the Defendant in 2002. Exhibit B to the Complaint is dated June 7, 2002, but lists items for June 28 and August 10, 2000. 4. Denied. Defendants believe that it there were any invoices or statements of account, they were submitted to Defendants' insurer, Capital Blue Cross. 5. Admitted. COUNTI 6. The answers to Paragraphs 1-5 are incorporated herein by reference. 7. Denied. At no time did Defendant Danny Malcolm accept, agree to, or acquiesce in the invoices alleged by Plaintiff. The Defendant informed Lloyd Silber Orthopedics that he wanted only services and prosthetic devices that would be covered by his insurance, and before accepting he was informed by Lloyd Silber Orthopedics that it had obtained pre-certification or pre-approval. WHEREFORE, the Defendants request Court I be dismissed. COUNT II 8. The answers to Paragraphs 1-7 are incorporated herein by reference. 9. Denied. The answer to Paragraph 7 is incorporated herein by reference. 10. Denied. Lloyd Silber Orthopedics made no demands for payment by the Defendants prior to this suit. WHEREFORE, Defendants request Court II be dismissed. COUNT III 11. The answers to Paragraphs 1-10 are incorporated herein by reference. 12. Admitted, but the answer to Paragraph 7 is incorporated herein by reference. 13. Denied. The answer to Paragraph 7 is incorporated herein by reference. WHEREFORE, Defendants request Court III be dismissed. COUNT IV 14. The answers to paragraphs 1-13 are incorporated herein by reference. 15. The conclusion of law that Lue Ann Malcolm is liable to the Plaintiff is denied. WHEREFORE, the Defendants request the Complaint be dismissed. NEW MATTER By way of further answer and defense, the Defendants assert the following in new matter: 16. When Lloyd Silber Orthopedics proposed services and a prosthesis, Defendant, Danny Malcolm, informed the supplier that he wanted only those services and prosthetic devices that would be covered by his insurance. 17. Before accepting services and prosthetic devices, Lloyd Silber Orthopedics informed the Defendant that it had obtained pre-certification or pre-approval. 18. The Defendant justifiably relied upon the representations by Lloyd Silber Orthopedics before agreeing to accept services and prosthetic devices. WHEREFORE, Defendants request the Complaint be dismissed. HANFT & KNIGHT, P.C. William A. Addams Attorney I.D. No. 06265 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Defendants VERIFICATION Danny N. Malcolm hereby verifies that the facts set forth in the foregoing Answer are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications to authorities. " - Danny N. Mal X DATE: C. 3 ` ?3 CERTIFICATE OF SERVICE AND NOW, this 4th day of December, 2003, I, Mary M. Price, an employee of Hanft & Knight, P.C., hereby certify that I have served a copy of the Defendants, Answer with New Matter by mailing the same by United States mail, postage prepaid, to: David W. Mersky, Esquire Law Offices of David W. Mersk 731 North Duke Street y Lancaster, PA 17602 w 4 ? n -? :? ?C i _ ;? ` l C ?? ! -n f7 .1- '..? 2 i ?C) ? ?IT7 ' ? CJ CJ C C. W -n nu - : .__ _: ?, ; ' , _ ;, _i ? , . ?? _ J,' ( } f?l ?R •? Z" ._. ;? L. (? ??4.. N t ? ? -< L -< ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Federal Management Corporation, assignee of Lloyd Silber Orthopedics 1097 Commercial Avenue PO Box 5385 Lancaster, PA 17606 Plaintiff vs. Danny N. Malcolm and LueAnn Malcolm, husband and wife 364 Greenspring Road Newville, PA 17241 Defendants No. 2003-05298 P REPLY TO NEW MATTER 16. Denied. Strict proof is demanded at trial. 17. Denied. Strict proof is demanded at trial. 18. Denied. The allegations of this paragraph constitute conclusions of law to which no response is requested and are therefore denied. WHEREFORE, Plaintiff, Lloyd Silber Orthopedics, by its agent and assignee, Federal Management Corporation, respectfully requests that the Court enter judgment in its favor and against Defendant Danny N. Malcolm, and award damages in the amount of S 10, 108.35, together with interest, attorneys' fees and costs as permitted by agreement and law. LAW OFFICESY6F DAVID W. MERSKY BY: David W.1 ersky Attorney I . No. 68895 731 North uke Street Lancaster, PA 17602 (717) 291-1413 VERIFICATION I, Jon T. Hurst, President of Federal Management Corporation., state that I am authorized to make this Verification on its and my behalf. The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and, based upon information that Federal Management Corporation and Lloyd Silber Orthopedics has given to counsel, it is true and correct to the best of my personal knowledge and information and belief. As for the language and allegations which may constitute conclusions of law, I sign this verification on the recommendation of my attorneys who advise that these allegations raise issues for resolution at trial, by the Court or by continuing investigation and preparation for trial. I understand that some of these allegations may prove inappropriate after investigation and trial preparation are complete. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. FEDERAL MANAGEMENT CORPORATION By? Dated: )?Q< 'J- 3, 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Federal Management Corporation, assignee of Lloyd Silber Orthopedics 1097 Commercial Avenue PO Box 5385 Lancaster, PA 17606 Plaintiff VS. Danny N. Malcolm and LueAnn Malcolm, husband and wife 364 Greenspring Road Newville, PA 17241 Defendants No. 2003-05298 P CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing reply was served by mailing, first class mail, postage prepaid, upon he following: William A. Addams, Esquire Hanft & Knight, PC 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 LAW OFFI4S OF DQVID?W. MERSKY BY: David Mersky Attorne D. No. 68895 731 Norii Duke Street Lancaster, PA 17602 (717) 291-1413 Dated: December 26, 2003 r1,S t';;-f '7;- G7 ?jC7 CF1 1c: !_' Lr< -I I L .)ff David A. Lewis Esquire Smoker Gard Mersky LLP 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 (717) 399-3013 fax Attorney ID No. 93017 Attorneys for Plaintiff Federal Management Corporation, assignee of Lloyd Silber Orthopedics, Plaintiff V. Danny N. Malcolm and LueAnn Malcolm, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-5298 P STATEMENT OF INTENTION TO PROCEED To the Court: Federal Management Corporation, assignee of Lloyd Silber Orthopedics, intends to proceed with the above captioned matter. SMOKED MERSKY LLP Dated: DAVID-A. LEWIS, Attorneys for Planit O David A. Lewis Esquire Smoker Gard Mersky LLP 731 North Duke Street Lancaster, PA 17602 (717) 291-1413 (717) 399-3013 fax Federal Management Corporation, assignee of Lloyd Silber Orthopedics, Plaintiff V. Danny N. Malcolm and LueAnn Malcolm, Defendants Attorney ID No. 93017 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-5298 P CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing upon the following individual and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. 440. SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: William A. Addams Hanft & Knight 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 MERSKY X V,"_ Dated: DAVID A. LEWIS, IE! Attorneys for Planitiff ?. ni Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 63 -5298 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573