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Home My WebLink About08-3622IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. KATHLEEN A KUNKLE Defendant No. DB - 3loaa2 a i V a Tern. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6432956 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. Civil Action No. KATHLEEN A KUNKLE Defendant COMPLAINT AND 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 an 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 7465 N.W. 49TH ST, LAUDERHILLE, FL 33319- 0000. 2. Defendant is an adult individual residing at 10 BIG SPRING TERRACE NEWVILLE,PA 17241. COUNT I - ACCOUNT NO. 8589299714 3. At the specific instance and request of Defendant, CARLISLE REGIONAL MEDICAL CENTER, provided certain medical services to Defendant. 4. This obligation was subsequently assigned to Plaintiff for value. 5. Defendant, KATHLEEN A KUNKLE, received and accepted the aforementioned medical services which were provided by Plaintiff's assignor 6. The prices charged by Plaintiff's assignor were the prices that Defendant, KATHLEEN A KUNKLE, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, KATHLEEN A KUNKLE, in the amount of $1,043.32 as of MAY 30 2008. 8. Plaintiff claims interest at the legal rate of six (6%) percent per annum from MAY 30 2008. 9. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the aforementioned balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, KATHLEEN A KUNKLE, in the amount of $1,043.32 with continuing interest thereon at the rate of 6% per annum from MAY 30 2008 and costs. COUNT II - ACCOUNT NO. 8587398187 10. At the specific instance and request of Defendant, CARLISLE REGIONAL MEDICAL CENTER, provided certain medical services to Defendant. 11. This obligation was subsequently assigned to Plaintiff for value. 12. Defendant, KATHLEEN A KUNKLE, received and accepted the aforementioned medical services which were provided by Plaintiff's assignor 13. The prices charged by Plaintiff's assignor were the prices that Defendant, KATHLEEN A KUNKLE, agreed to pay. 14. Plaintiff avers that there is a balance due and owing from Defendant, KATHLEEN A KUNKLE, in the amount of $540.01 as of MAY 30 2008. 15. Plaintiff claims interest at the legal rate of six (6%) percent per annum from MAY 30 2008. 16. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the aforementioned balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, KATHLEEN A KUNKLE, in the amount of $540.01 with continuing interest thereon at the rate of 6% per annum from MAY 30 2008 and costs. COUNT III - ACCOUNT NO. 8587445847 17. At the specific instance and request of Defendant, CARLISLE REGIONAL MEDICAL CENTER, provided certain medical services to Defendant. 18. This obligation was subsequently assigned to Plaintiff for value. 19. Defendant, KATHLEEN A KUNKLE, received and accepted the aforementioned medical services which were provided by Plaintiff's assignor 20. The prices charged by Plaintiff s assignor were the prices that Defendant, KATHLEEN A KUNKLE, agreed to pay. 21. Plaintiff avers that there is a balance due and owing from Defendant, KATHLEEN A KUNKLE, in the amount of $47.94 as of MAY 30 2008. 22. Plaintiff claims interest at the legal rate of six (6%) percent per annum from MAY 30 2008. 23. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the aforementioned balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, KATHLEEN A KUNKLE, in the amount of $47.94 with continuing interest thereon at the rate of 6% per annum from MAY 30 2008 and costs. COUNT IV - ACCOUNT NO. 8587476402 24. At the specific instance and request of Defendant, CARLISLE REGIONAL MEDICAL CENTER, provided certain medical services to Defendant. 25.. This obligation was subsequently assigned to Plaintiff for value. 26. Defendant, KATHLEEN A KUNKLE, received and accepted the aforementioned medical services which were provided by Plaintiff's assignor 27. The prices charged by Plaintiff's assignor were the prices that Defendant, KATHLEEN A KUNKLE, agreed to pay. 28. Plaintiff avers that there is a balance due and owing from Defendant, KATHLEEN A KUNKLE, in the amount of $41.71 as of MAY 30 2008. 29. Plaintiff claims interest at the legal rate of six (6%) percent per annum from MAY 30 2008. 30. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the aforementioned balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, KATHLEEN A KUNKLE, in the amount of $41.71 with continuing interest thereon at the rate of 6% per annum from MAY 30 2008 and costs. COUNT V - ACCOUNT NO. 8587522026 31. At the specific instance and request of Defendant, CARLISLE REGIONAL MEDICAL CENTER, provided certain medical services to Defendant. 32. This obligation was subsequently assigned to Plaintiff for value. 33. Defendant, KATHLEEN A KUNKLE, received and accepted the aforementioned medical services which were provided by Plaintiff's assignor 34. The prices charged by Plaintiff s assignor were the prices that Defendant, KATHLEEN A KUNKLE, agreed to pay. 35. Plaintiff avers that there is a balance due and owing from Defendant, KATHLEEN A KUNKLE, in the amount of $179.81 as of MAY 30 2008. 36. Plaintiff claims interest at the legal rate of six (6%) percent per annum from MAY 30 2008. 37. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the aforementioned balance, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, KATHLEEN A KUNKLE, in the amount of $179.81 with continuing interest thereon at the rate of 6% per annum from MAY 30 2008 and costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. WILLIAM T. OLCZAN, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219(412) 434-7955 WWR#:6432956 05/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 05/12/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 PATIENT: KUNKLE, KATHLEEN A TO: KUNKLE, KATHLEEN A 10 BIG SPRING TERRACE NEWVILLE INS CD: 200/BC3 BLUE CROSS 361 PPO D E P A R T M W. W T SELECT: REV= * Ur'r ? - -1.--- CMD:I=DAR,2=PAT 4=DETAIL F/C: B P/T: I A/C: ADMISSION: 12/23/04 PA 17241 GROUP 010613 9299714 DSC CODE: 01 DISCHARGE: 12/26/04 POL ID: FWY849541 A M O U N T 1,950.00 4,454.10 1,201.68 708.91 738.53 653.65 822.69 505.92 1,013.20 390.66 1,226.41 886.75 CONTINUED... * DATE/MDCY= * TO/MDCY= * 7=RETURN,8=BACKWARD, ENTER=FORWARD 05/13/08 PAGE 002 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 05/12/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: KUNKLE, KATHLEEN A F/C: B P/T: I A/C: 9299714 DSC CODE: 01 TO: KUNKLE, KATHLEEN A ADMISSION: 12/23/04 DISCHARGE: 12/26/04 10 BIG SPRING TERRACE NEWVILLE PA 17241 INS CD: 200/BC3 BLUE CROSS 361 PPO GROUP 010613 POL ID: FWY849541 D E P A R T M E N T A M O U N T 4,173.68- 10,378.82- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 05/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR AS OF 08/16/07 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENq: KUNKLE, KATHLEEN A F/C: B P/T: 0 A/C: 7398187 DSC CODE: 01 TO: KUNKLE, KATHLEEN A ADMISSION: 06/18/04 DISCHARGE: 06/18/04 10 BIG SPRING TERRACE NEWVILLE PA 17241 INS CD: 200/BS1 PBSHM 378 PPO GROUP 010613 POL ID: FWY195424 D E P A R T M E N T A M O U N T 1,206.98 160.05- 1,046.93- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 05113/oe PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR AS OF 08/16/07 331 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: KUNKLE, KATHLEEN A F/C: B P/T: 0 A/C: 7445847 DSC CODE: 01 TO: KUNKLE, KATHLEEN A ADMISSION: 11/30/04 DISCHARGE: 11/30/04 10 BIG SPRING TERRACE NEWVILLE PA 17241 INS CD: 200/BC2 BLUE CROSS 361 TRADITION GROUP 010613 POL ID: FWY849541 D E P A R T M E N T A M O U N T 40 - - - - ---- -- 153.18 43:1 263.79 191.82- 225.15- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT &DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 05/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 05/12/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIEN'I: KUNKLE, KATHLEEN A F/C: B P/T: 0 A/C: 7476402 DSC CODE: 01 TO: KUNKLE, KATHLEEN A ADMISSION: 03/15/05 DISCHARGE: 03/15/05 10 BIG SPRING TERRACE NEWVILLE PA 17241 INS CD: 200/BC3 BLUE CROSS 361 PPO GROUP 010613 POL ID: FWY849541 n F p a o m u w ?. - A M O U N T 428 362.74 eti l l"1L'LV 1 J 166.87- ADJUSTMENTS 195.87- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 05,13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 05/12/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: KUNKLE, KATHLEEN A F/C: B P/T: 0 A/C: 7522026 DSC CODE: 01 TO: KUNKLE, KATHLEEN A ADMISSION: 08/15/05 DISCHARGE: 08/15/05 10 BIG SPRING TERRACE NEWVILLE PA 17241 INS CD: 200/BC3 BLUE CROSS 121 GROUP 010613 POL ID: FWY849541 D E P A R T M E N T A M O U N T -- 1,563.62 PAYMENT6 719.28- ADJUSTMENTS 844.34- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to his by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. l William T. M zan, Esquire ?/ , qL?- ? f ( ,. ? w f? I SHERIFF'S RETURN - REGULAR CASE NO: 2008-03622 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTERNATIONAL PORTFOLIO INC VS KUNKLE KATHLEEN A WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KUNKLE KATHLEEN A the DEFENDANT at 1825:00 HOURS, on the 19th day of June , 2008 at 10 BIG SPRING TERRACE NEWVILLE, PA 17241 KATHLEEN A KUNKLE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 .00 ?'??)?? ? 40.00 Sworn and Subscibed to before me this day So Answers: ,r .r' R. Thomas Kline 06/23/2008 WELTMAN WEINBERG REIS By z,44 55?? Deputy Sheriff of A. D. INTERNATIONAL PORTFOLIO, INC., Plaintiff v. KATHLEEN A. KUNKLE, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 3622 CIVIL TERM DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT NOW comes the defendant, by her attorney, Harold S. Irwin, III, Esquire, and files these preliminary objections to plaintiffs' complaint, pursuant to Pa.R.C.P. 1017, representing as follows: Motion to Strike Defendant makes this motion to strike all counts of plaintiff's complaint due to the insufficiency of the facts alleged therein pursuant to Pa. R.C.P. No. 1028 (a)(3) and due to the legal insufficiency of the complaint pursuant to Pa. R.C.P. No. 1028 (a)(4), as follows: 1. Pa. R.C.P. 1019 (a) requires that: "The material facts upon which a cause of action or defense is based shall be stated in a concise and summary form." 2. Pa. R.C.P. 1019 (f) requires that: "Averments of time, place and items of special damages shall be specifically stated." 3. Plaintiff filed a complaint against the defendant in this matter alleging, inter alia, that the defendant received unspecified medical services on unspecified dates for which plaintiff has not been paid. 4. Plaintiff also made claim for interest on said charges at the rate of 6% thereon. 5. Plaintiff attached various exhibits to the complaint (which were not referenced by nor incorporated into the complaint), which purport to support the allegations of services and charges. 6. None of the averments in the complaint, nor any of the exhibits, allege with specificity the dates of the services rendered, the nature of the services, the specific charges for each services, or the processing of an insurance claim for any of the charges. 7. None of the averments of the plaintiff's complaint provide any factual or legal basis for the assessment of interest on any amounts remaining due and owing to plaintiff, if any. 8. The unincorporated exhibits attached to the complaint do indicate that payments and adjustments have in fact been made on behalf of the defendant and that the balance due is $0.00. 9. Plaintiffs complaint lacks sufficient specificity to apprise the defendant of the issues to be litigated, to adequately prepare and assert defenses to plaintiffs allegations and/or or to identify and join any potentially responsible parties as defendants. 10. Furthermore, plaintiffs complaint fails to provide any factual or legal basis for the assessment of interest. In addition, the exhibits appear to indicate that the balance due from defendant to plaintiff is $0.00. 11. Plaintiff has failed to conform to Pa. R.C.P. 1028 (a)(3) and (4) and the complaint must therefore be stricken. WHEREFORE, defendant demands that the plaintiffs complaint be stricken due to the insufficiency of the facts pled therein and due to the legal insufficiency of the complaint and that judgment be entered in favor of defendants and against plaintiff, with prejudice. August 2, 2008 Harold S. Irwin,, I, Esquir Attorney for defe dant CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of Defendants Preliminary Objections upon the plaintiffs by placing same in the United States mail at Carlisle, Pennsylvania, Regular Mail on this 2"d day of August 2008, addressed as follows: Patrick Thomas Woodman, Esq. Weltman, Weinberg $ Reis Co., LPA 1400 Koppers Building 436 7t' Avenue Pittsburgh, PA 16219 Attorney for Plaintiff August 2, 2008 Harold S. {resin, I , Esqui Attorney for def dent 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 ? ?°? ?? ? ?'? r._. ? .-? :1 .-_ `- ? (ml " .? ./.'y. ~'f~_E~-~~~ EiCE, `'E~~S`~~ tfF;l'I `'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff No. 08-3622-CIVIL TERM vs. PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE KATHLEEN A KUNKLE Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA LD. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#6432956 TIC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION INTERNATIONAL PORTFOLIO INC Plaintiff vs. Civil Action No. 08-3b22-CIVIL TERM KATHLEEN A KUNKLE Defendant(s) PRAECIPE TO SETTLE. DISCONTINiJE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: _____ . Benja n R ibler, Esquire PA LD. 8 WELTMAN, WEINBERG & REIS CO., L.P.A. 1.400 Koppers Building 436 Seventh Avenue Pittsburgh,.PA 15219 (412) 434-7955 SWORN TO AND SUBSCRIBED before me this { day of Oc.7o = 2010 i~~~--. NOTARY PUBLIC COMMON~~'`~~.~'~P~dNYLVANIA Nate-i~+ =e<: Sheila G. 6~',~,:,. ~'rit:~,r~• s~~~i~~ ROSS TMYr ,itaCt a !'o~ia~~~ MyCAmr??~sx. •M~~P~„r{~v.15:luau M^mber: f'I~titiE'a!a%,nie A.'~o€i~tion of Notaries