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HomeMy WebLinkAbout08-09121 ? v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHYSICAL THERAPY AND HEALTH CIVIL DIVISION CENTER, INC., No. U 8 - Q I I C,, ?- ` ??. . Appellant, V. KEY MED PARTNERS, INC. Appellee. Issue No. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT Counsel of Record for This Party: Code No. Joseph DiPaolo, Esquire Pa. ID #26369 Filed on behalf of Appellant DiPaolo & Russo Firm #528 1106 Fifth Avenue Pittsburgh, PA 15219 (412) 566-2282 extension 15 Comaonwealth of Pennsylvania NOTICE OF APPEAL Court of Common Pleas FROM 0zIU--/09 Judicial District DISTRICT JUSTICE JUDGMENT ? e Common Pleas No. g _ Z 1 .c c?t?f ?L ?. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the Date and in the case mentioned below, Nameygica.1li Therapy and Health Center, Inc. 09-1-01 Mag. Dist. No. or Name of D.J. d1635 Steubenville Pike A ress of Appellant McKees Rocks City PA State 15136 Zip Code 01/10/2008 Key Med Partners,Inc Physical Therapy and Health Center, Date of Judgment In The Case of (Pkur16 V0.(D*"v4 Inc. Claim No. TA 19 V (")0 Qt*) - © ? LT 19 r Si ant or His Attornev or This block will be signed ONLY when this notation is required under Pa. If a pellant was Claimant (see Pa.R.C.P.J.P. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the No. 9001(6) in action before District Justice, he District Justice, will operate as a SUPERSEDEAS to the Judgment for MUST FILE A COMPLAINT within twenty (20 possession in this case. ) days after filing his NOTICE OF APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of the form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.J.P. No. 1001(7) in the action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Key Med Partners, Inc. Name of Appellee(s) , appellee(s) to file a complaint in this appeal (Common Pleas No. 0 y / ) within twenty (20) days after service of ru ffer e ry f judgment of non pros. 0, Signat of Appellant or His Attorney or Agent RULE: To Key Med Partners, Inc. appellee(s) Name of Appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date 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 BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: .20 _D Q ROW gnature o P o or Deputy Court File / Court Proof of Service I Appellant's Copy I Appellee's Copy I District Justice r? ? 'z] ? ?'rt z r-' De2 r+ t ? P W t F F COMMONWEALTH OF PENNSYLVANIA (:(-)I 1NTY np. CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Add'ess: 4 0 0 BRIDGE ST OLDS TOWNS COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone. (717 ) 774-5989 17070 ATTORNEY DEF PRIVATE : DIPAOLO 6o RUSSO/JOSEPH DI PAOLO 1106 FIFTH AVE PITTSBURGH, PA 15219 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 4,379.31 (Date of Judgment) KEY MED PARTNERS INC 1/10/08 PHYSICAL THERAPY AND HEALTH CENTER ? Defendants are jointly and severally liable. 1-1 Damages will be assessed on Date & Time This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 4,252.3 Judgment Costs $ 127.0 Interest on Judgment $-? Attorney Fees $? Total $ 4,379.3 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. JAN 1 0 2008 Q ? Date0?1" . I certify that this is a true and correct copy of the record of the Date My commission expires first Monday of January, 2014 AOPC 315-07 DATE PRINTED: 1/10/08 1:56:00 PM NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FKSY NED PARTNERS INC 3607 ROSEMONT AVE APT/STE 401 CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS FPHYSICAL THERAPY AND HEALTH CENTER? 5635 STEUBENVILLE PE MC KEES ROCK, PA 15136 L J Docket No.: CV-0000509-07 Date Filed: 11/08/07 , Magisterial District Judge t ings containing the judgment. , Magisterial District Judge SEAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEY MED PARTNERS, INC., Plaintiff, V. PHYSICAL THERAPY AND HEALTH CENTER, INC., Defendant. CIVIL DIVISION No. 08-912 Issue No. PROOF OF SERVICE Code No. Filed on behalf of Appellant Counsel of Record for This Party: Joseph DiPaolo, Esquire Pa. ID #26369 DiPaolo & Russo Firm #528 1106 Fifth Avenue Pittsburgh, PA 15219 (412) 566-2282 extension 15 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This Proof of Service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the Notice of appeal. Check applicable boxes) Commonwealth of Pennsylvania County of Allegheny ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 09' 9 ?- , upon District Justice designnated therein o (date of service) / 20 6 y 0 by per onaI service by rtified/regist?er/ed mail> sender's ece'pt attached hereto, and upon the appellee, (name) &EY /"I ?J1 ?An,%/V on V -!0 1 20 Q 07 0 by personal servicecertified/registered mail, sender's receipt attach d hereto. and further that I served the Rule to File a Complaint ccompanying the above Notice of Appeal upon the pellee(s) to whom the Rule was addressed on ? , 20 OF-0 by personals ice P+Y certified/registered mail, sender's receipt attached he to. SWORN? 'F'?II MED) AND B CRIBED BEFORE ME G? THIS DAY OF 20 ture of Affiant ure of 0?,,tl^&efore Whom Affidavit was Title of 0 My Commission Expires on ? a X 2040 "COMMONWEALTH OF PENNSYLVANIA Notarial Seal Rina J. Edwards, Notary Public City Of Pittsburgh, Allegheny Courtly My Commission Expires Sept. 28, 2WO Member. Pennsylvania Assoreiatton Of I?U?es Postal M1 Ln CERTIFIED MAIL,r.'I'R ECEIPT M ti O• Provided) C3 Cc OFFI CIA L U ..n Postage $ / O Certified Fee C)J Q Q Return Receipt Fee (Endorsement Required) • ?? t ""' flare ?} C3 Re Dt R (En equire Lfl 1 ?? rU Total Postage & Fees (?(7 3 2008 O O C? :IYo.M - - -- --------- - ru For delivery information visit our website at www.usps.com." ca -.-?FICIAL USE r-1 Postage $ M Certified Fee Is- M Postmark Receipt Fee (Endorsement Required) a , Here M Restrk fed Delivery Fee Q ?,., (Endorsement Required) Ln f: rU Total Postage & Fees I 'ET O O or PO Box No.__7 ------------ °--° - - C) -TI rn M CD c LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 KEY MED PARTNERS, INC., Plaintiff V. PHYSICAL THERAPY AND HEALTH CENTER, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-912 : 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 e, - t LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nude], Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 KEY MED PARTNERS, INC., Plaintiff V. PHYSICAL THERAPY AND HEALTH CENTER, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-912 : CIVIL ACTION -LAW COMPLAINT AND NOW comes KeyMed Partners, Inc., by and through their attorneys, Law Offices Stephen C. Nudel, PC, and Bret Keisling, Esquire, and in support of their Complaint herein aver the following: 1. The Parties 1. Plaintiff, KeyMed Partners, Inc., is a Pennsylvania corporation with offices at 3607 Rosemont Avenue, Suite 401, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Physical Therapy and Health Center, Inc., is a Pennsylvania corporation with an address of 5635 Steubenville Pike, McKees Rocks, Allegheny County, Pennsylvania. 3. Plaintiff provides billing services for companies engaged in services which are paid for by insurance companies, including medical providers as well as physical therapy providers such as Defendant. 4. Defendant is enganged in providing physical therapy services to patients. IL Jurisdiction and Venue 5. This Honorable Court has jurisdiction is pursuant to 42 Pa.C.S. § 5301. 6. Venue is proper pursuant to Pa.R.Civ.P. 1006, relating to where the cause of action arose, because: (a) all work under the contract was performed by Plaintiff in Cumberland County; (b) relevant business was transacted in Cumberland County; (c) Defendant regularly and repeatedly transmitted business records to Plaintiff's offices in Cumberland County so that Plaintiff could perform its contractual obligations, discussed more fully below; and (d) Plaintiff's harm, in the form of economic damages for not being compensated for work it performed, occurred in Cumberland County. III. Factual Background 7. In May of 2003, Plaintiff and Defendant executed a Service Agreement ("Contract") wherein it was agreed that Plaintiff would provide billing and related services to Defendant. A true and correct copy of the Contract is incorporated herein and attached hereto as Exhibit "A." 8. The Contract called for KeyMed Partners, Inc. to bill insurance companies based on information provided by the Defendant. 2 9. The Contract called for KeyMed Partners, Inc. to be compensated based on a percentage of funds actually paid by the insurance company to the Defendant. 10. Each month, the Defendant was obligated to report to KeyMed Partners, Inc. how much income it had received from the insurance company. 11. During the length of the Contract, until two months before the end of the Contract, Defendant did in fact report the amounts it received from insurance companies and compensated KeyMed Partners, Inc. pursuant to the Contract. 12. The Contract was fashioned as an annual Contract which would renew automatically each year until either party gave sixty days notice of intent to terminate the Contract. See Exhibit "A." 13. On or about December 1, 2006, Physical Therapy and Health Center, Inc. terminated its Contract with KeyMed Partners, Inc. pursuant to the Contract. A true and correct copy of the December 1, 2006, correspondence terminating the Contract is incorporated herein and attached hereto as Exhibit "B." 14. Pursuant to the Contract and the correspondence dated December 1, 2006, KeyMed Partners, Inc. was obligated to perform services under the Contract until January 31, 2007. 15. KeyMed Partners, Inc. did in fact continue to perform services under the Contract through January 31, 2007. 16. Indeed, KeyMed Partners, Inc. performed some administrative services even after January 31, 2007. 3 17. Subsequent to December 1, 2006, Defendant refused to provide KeyMed Partners, Inc. with an accounting of the amount paid to Defendant by insurance companies in response to invoices submitted by KeyMed Partners, Inc. 18. Subsequent to December 1, 2006, Defendant also refused to pay KeyMed Partners, Inc. for the services performed by Plaintiff and benefits received by Defendant even though KeyMed Partners, Inc. continued to perform these services under the Contract. Count I: BREACH OF CONTRACT 19. Paragraphs 1 through 18 above are incorporated herein as if set forth at length. 20. As stated more fully above, a Contract existed between the parties. 21. At all times relevant, Plaintiff performed its services required under the Contract. 22. From the start of the Contract in 2003 through December 1, 2006, Defendant paid Plaintiff for its services under the Contract. 23. At no time prior to the termination of the Contract did Defendant object to how Plaintiff was performing its services or refuse to pay for these services. 24. Subsequent to the December 1, 2006, letter of termination, KeyMed Partners, Inc. continued to perform the services under the Contract and as required by the Contract. 4 25. However, Defendant refused to compensate Plaintiff for these services as required by the Contract. 26. Defendant refused to pay Plaintiff for these services despite Plaintiff's repeated demands that payment be tendered. 27. Failure of Defendant to pay Plaintiff for the services performed under the Contract constitutes a breach of contract. 28. Plaintiff has suffered damages in the amount of $4,252.30 as a result of Defendant's breach of the contract. 29. In addition, Plaintiff suffered loss in the amount of $127.00 representing the cost of bringing a successful breach of contract action before The Honorable Charles A. Clement, Jr., Magisterial District Judge. 30. Plaintiff is also entitled to statutory interest rate beginning December 1, 2006. 31. Plaintiff is also entitled to delay damages from Defendant as well as the costs of this litigation. WHEREFORE, Plaintiff KeyMed Partners, Inc., requests this Honorable Court enter judgment in its favor and award Plaintiff an amount less than the mandatory arbitration limits for Cumberland County, as well as costs, attorney's fees, and whatever other relief shall be deemed appropriate. 5 Count II: QUANTUM MERUIT 32. Paragraphs 1 through 31 above are incorporated herein as if set forth at length. 33. As more fully set forth above, Plaintiff performed services on behalf of Defendant, and Defendant accepted these services. 34. Defendant received payments from insurance companies based on the invoices prepared and submitted by Plaintiff during December 2006 and January 2007. 35. Defendant refused to compensate Plaintiff for its work in the preparing and submitting of the invoices to the insurance companies, even though it knew or should have known that Plaintiff performed these services expecting to be compensated. 36. Plaintiff is entitled to be compensated pursuant to the doctrine of Quantum Meruit in the amount of $4,252.30. 37. In addition, Plaintiff suffered loss in the amount of $127.00 representing the cost of bringing a successful breach of contract action before The Honorable Charles A. Clement, Jr., Magisterial District Judge. 38. Plaintiff is also entitled to statutory interest rate beginning December 1, 2006. 39. Plaintiff is also entitled to delay damages from Defendant as well as the costs of this litigation. 6 WHEREFORE, Plaintiff KeyMed Partners, Inc., requests this Honorable Court enter judgment in its favor and award Plaintiff an amount less than the mandatory arbitration limits for Cumberland County, as well as costs, attorney's fees, and whatever other relief shall be deemed appropriate. Date: ? J t-1 \ Q°` 200 ?' Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff 7 VERIFICATION I, Barth Marino, Principal of KeyMed Partners, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. KEYMED PARTNERS, INC. Date: 0-7- 18 - Og By: 4UMarino Principal EXHIBIT "A" CE ? NT 1 -2- Liability: KeyMed,agrees.to-hold Client sales and to a rnnify and defend,,Clientfrom any-and :all claims filed. =et?t; or omissican of against dent arising ram any K Med or:fiom any act, error, oramission-cif Cli ;based won bfbrm&fion on provided Y yMed to Client. Cli am= to, hold KeyMed hairless and to indemnify and defend KeWed f = any and-all claims bled against Ke~yMerl arising from any act, ??!rvw4ssion ofKeyMed uptoFni or d .eaQyfi. 4, C"Z+de" .; ,Agbfiin on sWWnt.t© KvjModshall be ? food as than es eqirecl hx state 9wMt Mpo ti g programs or ty t d ply insurance camas for the process* ,of claims. K Med tm a imp r rice of the luivacy of 4 apafiaW$ prolix he* M ? ?eft to .protect that i ig as d „ " Department of Heift and''Humnan Services m the Code Of Federal • ' 145 CFR Part ';1f 4,5111. I Med will provide a Business Associate Contract as oudmed by fhe Huh Insurance Portability and Ammumbffity Act'tif 19% CIDPAA )., , 5. AutWrb"ow ?q4KW will be authorizod to ad on behalf Qf en# in ` ° Ad, -on requited fbr the completion. ofine services more fully deknawdin this Amt. v.+i-i. b",i .;.s {. ? yiljLAl"?aYY Af[3`l?''.'-""`' ,9 n _ y ed m Item 1 of tolls tgrees`to #CegM f One time system directory set-up of S3,UUO (or $1,000 over t months) • 6.5% per mouth of all monies collected Actual monthly postage cost Mail service)Express Mail (pick up/delivay) based on two trips per week $150/Month The fee percentage will remain constant at 6.5% for a period of two years. 'T'hereafter, this fee vrnll not increase more tl 10°/o (.065 X .10 .0065) per year. EXHIBIT "B" ROBINSON PHYSICAL THERAPY & Health Center, Inc. 5635 Steubenville Pike, Route 60 Phone: 412-787-8616 McKees Rocks, PA 15136 Fax: 412-787-8618 December 1, 2006 Joni Long Vice-President KeyMed Partners, Inc. 3607 Rosemont Avenue Suite 401 Camp Hill, PA 17001 Dear Ms. Long: Physical Therapy & Health Center, Inc. is terminating the Agreement with KeyMed Partners, Inc. in accordance with paragraph 7. According to the Agreement, the sixty (60) days notice to terminate is hereby given to KeyMed Partners, Inc. The effective date and time of the termination is 11:59 P.M., E.S.T., January 31, 2007. At that time I ask that you return any and all records and property of Physical Therapy & Health Center, Inc. to me at our office. Yours truly, Physical Therapy & Health Center, Inc. 5 i _ William (Wm)P. Rdgers MPT, ATC Director and Vice President CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Joseph DiPaolo, Esquire DiPaolo & Russo 1106 Fifth Avenue Pittsburgh, PA 15219 Date: 30k_? le? 2 _-- Bret ing, Esquire _ LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 KEY MED PARTNERS, INC., Plaintiff V. PHYSICAL THERAPY AND HEALTH CENTER, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-912 : CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT To the Prothonotary: Please enter judgment of default in favor of plaintiff Key Med Partners, Inc. and against defendant Physical Therapy and Health Center, Inc. for defendant's failure to plead to the complaint in this action within the required time. The complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the complaint on July 21, 2008, and defendant's answer was due to be filed on August 12, 2008. Attached as Exhibit "A" is a copy of plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail (or delivered) to the defendant at his or her last known address and to his or her attorney of record on August 12, 2008, which is at least 10 days prior to the filing of this Praecipe. Please assess damages in the amount of $ 4,379.30, being the amount demanded in the complaint. Bret kvi.Nn Esquire Attorney for Plaintiff EXHIBIT "A" LAW OFFICES STEPHEN C. NUDEL, PC 219 Pine Street Harrisburg, Pennsylvania 17101 STEPHEN C. NUDEL (717) 236-5000 BRET KEISLING FAX (717) 236-5080 VIA CERTIFIED AND FIRST CLASS MAIL August 12, 2008 Physical Therapy and Health Center, Inc. c/o Joseph DiPaolo, Esquire DiPaolo & Russo 1106 Fifth Avenue Pittsburgh, PA 15219 Re: KeyMed Partners, Inc. v. Physical Therapy & Health Ctr., Inc. No. 08-912 To Whom It May Concern: Enclosed please find an important Ten Day Notice regarding the above-referenced matter. Very truly yours, o- U 5_ O N Ir 0FF I CIALUSE rr ru ? a YZ og-i2-os r - Postage O CefowFee 2.70 f1J Postmark O O Rswm Rsoe Fee (EndoraemeM Required) Here O Reshioted DeNvery Fee O (Errdorsemerd Required) ru O & Fees t l P $ 3 2 5. M age os Tota IN- C3 o y 51 ca er4 p ea -th en r, n c . C?0 ! - Q.... -Esl,----------------------------- r- ipnolo tp or PO Box No. 115?.Sr_ 7 llusSo i 'F f h v e !.? 4 ----------- ??; a: ZIP+4 Pios b u h PA i 5 2 /9 Bret Keisling KEY MED PARTNERS, INC., Plaintiff V. PHYSICAL THERAPY AND HEALTH CENTER, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-912 : CIVIL ACTION -LAW IMPORTANT NOTICE TO DEFENDANT: Physical Therapy and Health Center, Inc. c/o Joseph DiPaolo, Esquire DiPaolo & Russo 1106 Fifth Avenue Pittsburgh, PA 15219 DATE OF NOTICE: 08-12-2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 - OFFICIAL U[ D y2 p8-? 2 - o Postage $ 0 Certified Fee 2.70 rU Postmark Retum Receipt Fee C3 i d 20 2 Here Here (Endorsemend Requ re ) _ O Restricted DV '_ryFee R O (Endorsement Required) 2 C3 ? Total Postage & Fees $ 5,3 M Sent To ystca er4 p eo ti1W_r, nc, . 1010, ------ --------------------12112- o 'VN&Wi i- .; OiPpaaolo, -Russo tti or PO BoxNo_ _ I I i. F! IF A ?<n IAg -------------------- Gty Stste. Z,P+4 M+S b h PA l S 2 /9 LAW OFFICES STEPHEN C. NUDEL, PC Stephcu_C.,Nuc3el, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CERTIFIED MAIL LAW OMCM "0111 STEPHEN C. NUDEL, PC y j 219 Pine Sheet _ ? _• - - ._ HatrisNwg, Pennsylvania 17101 3 w aees.Fn canal riocnna 7007 3020 0002 0729 9709 Physical Therapy and Health Center, Inc. c/o Joseph DiPaolo, Esquire DiPaolo & Russo 1106 Fifth Avenue Pittsburgh, PA 15219 ¦ Complete sterns 1, 2, and 3. Also complete Item +4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: PHYSICAL THERAPY AND HEALTH CENTER, IN C/O JOSEPH DIPAOLO, ESQUIRE DIPAOLO & RUSSO 1106 FIFTH AVENUE PITTSBURGH, PA 15219 a si re B?dresses B. Received by ( Printed Name) C. Date of Delivery D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 3. lype d mail 13 pows Mau O RegMKW Q Ratum Recslpt1WA%MhWAiW 13 Insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 3020 0002 0729 9709 (Berms tram service kd* Ps Form 3811, F@bruary 2004 - : Domestic Return Receipt 102595-02-W1640 i ? "b9. N -?: ? p f ? © ?? 4.?r ? ?? 1 1! N 3 E: `. "„` '`? C3? e C.? ...,. _ ' ?.?, ? =?? ? ?? LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, Esquire Attorney ID #41703 Bret Keisling, Esquire Attorney ID #201352 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ROOM , TO: Physical Therapy and Health Center, Inc Physical Therapy and Health Center, Inc. c/o Joseph DiPaolo, Esquire DiPaolo & Russo 1106 Fifth Avenue Pittsburgh, PA 15219 (Address) KEY MED PARTNERS, INC., Plaintiff V. PHYSICAL THERAPY AND HEALTH CENTER, INC., Defendant PA (Defendant) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 08-912 CIVIL ACTION -LAW NOTICE Pursuant to Pa. R.C.P. 236, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding. RbAq;of Prothonotary