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Home My WebLink About08-4249IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. O?r• 4dqq ? ill- Plaintiff No. vs. MICHELLE A LEHMAN Defendant COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, P.A.I.D.# 42524 Weltman,Weinberg & Reis Co.,L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412)434-7955 Fax: 412-338-7130 WWR#6432993 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. Civil Action No. , q g Cc?x.( 1 MICHELLE A LEHMAN 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 2171 NW 139 TERR PEMBROKE PINES, FL 33028-0000. 2. Defendant is an adult individual residing at 232 OLD SAWMILL DR NEWBURG,PA 17240. 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, MICHELLE A LEHMAN, 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, MICHELLE A LEHMAN, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, MICHELLE A LEHMAN, in the amount of $3,189.22 as of JUNE 26 2008. 8. Plaintiff claims interest at the legal rate of six (6%) percent per annum from JUNE 26 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, MICHELLE A LEHMAN, in the amount of $3,189.22 with continuing interest thereon at the rate of 6% per annum from JUNE 26 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. James C. Warm d P.A.I.D.# 4252 Weltman,We' er 436 Seventh VAv Pittsburgh, (412)434- 95Fax: 412 38 & Reis Co.,L.P.A. e, Suite 1400 19 3 06/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 06/12/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: LEHMAN, MICHELLE A F/C: B P/T: E A/C: 9312810 DSC CODE: 01 TO: LEHMAN, MICHELLE A ADMISSION: 06/09/05 DISCHARGE: 06/09/05 232 OLD SAWMILL DR NEWBURG PA 17240 INS CD: 2001RCS RTTTF -?h1 PPO GROUP PFP361 POL ID: PFP176600 A M O U N T 276.78 157.84 178.17 1,008.32 1,793.11 225.00- 3,189.22- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD The undersigned does hereby verify subject to the penalties of 18 14904 relating to unsworn falsifications to authorities, that she is LIMA MQIII MSSO (Name) VICE PRSIDN'I' 0P iPIRA'TI(N of IN'fR1VA`TMNAI, POR'I'POIJIO INC., Plaintiff (Title) (Company) herein, that she is duly authorized to snake this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are tare and correct to the best of her knowledge, information and belief WWR 121 N_ Q 'T_i ? ? Cr 9 4 SHERIFF'S RETURN - REGULAR CASE NO: 2008-04249 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTERNATIONAL PORTFOLIO INC VS LEHMAN MICHELLE A RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LEHMAN MICHELLE A the DEFENDANT at 0020:39 HOURS, on the 6th day of August , 2008 at 232 OLD SAWMILL DRIVE NEWBURG, PA 17240 by handing to MICHELLE LEHMAN DEFENDANT 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: So Answers: Docketing 18.00 Service ? 40.00 Affidavit $j;.?6$ .00 Surcharge 00 10.00 R. Thomas Kline .00 68.00 08/07/2008 HOPEWELL TOWNSHIP Sworn and Subscibed to By: C?'G G before me this day Deputy Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff No.08-4249 CIVIL TERM VS. PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT MICHELLE A LEHMAN Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esq. PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06432993 Judgment $3189.22 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. Civil Action No. 08-4249 CIVIL TERM MICHELLE A LEHMAN Defendant I PRAECIPE r OR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defen ant, MICHELLE A LEHMAN, in the amount of $3189.22 plus costs, based upon the consent of the parties. CONSENTED TO: WELTM , WEINBERG & REIS CO., L.P.?II By: Attorney or Plaintiff MICHELLE A LEHMAN, By: ?r U?f?yml ? Defendant WWR#06432993 Judgment $3189.22 . 1. 4. All payments are to be made payable to the order of "INTERNATIONAL PORTFOLIO INC." 5. All payments due under this'lagreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., P.O. BOX 5430, Cleveland, OH 44101-0430. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiffs counsel any payment in, full within five (5) calendar days of the stated clue date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation i which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this ` day o ?? 20 q WELTMAN, WEINBERG & REIS CO., L.P.A. Matthew D. Urban, Esq. PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 06432993 By: Vt• Defend Ant, MICHELLE A 4LEANC?:, n r--j O t 3? 00 LA tN a _ 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff VS. Civil Action No. 08-4249 CIVIL TERM MICHELLE A LEHMAN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $3189.22 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary MICHELLE A LEHMAN 232 OLD SAWMILL DR NEWBERG, PA 17240 By: PRO ONO ltPUTY) I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4249 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTERNATIONAL PORTFOLIO INC. Plaintiff (s) From MICHELLE A. LEHMAN - 232 Old Sawmill Rd., Newburg, PA 17240 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: F&M TRUST CO. - 14 N. Hanover St., Carlisle, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,189.22 L.L.$.50 Interest $590.83 Atty's Comm % Due Prothy $2.25 Atty Paid $192.00 Other Costs Plaintiff Paid Date: 1/19/12 David D. Bue , ro (Seal) By: Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff No. 08-4249-CIVIL TERM vs. MICHELLE A LE14MAN Defendant(s) F&M TRUST CO Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) 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 W" No. 6432993 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff vs. Civil Action No. 08-4249-CIVIL TERM MICHELLE A LEHMAN - 2_V old '9d' Pw bury pW /72 qo Defendant(s) F&M TRUST CO - 1114• #c9nover Si., 00161e, ?'4 1'70(-3 Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against MICHELLE A LEHMAN , Defendant 3. against F&M TRUST CO... Garnishee 4. Judgment Amount Less Payments/credits received Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): D 68• o ° C S? 6V 0p N ?y. 00 r Arty ?. 5 cl"e Co .? GL & /0 3 //3,f q F-F 2b 99/7 lx/[,-, - O f?. /ss? Pei c rnco ern z;o ss = f= -u m cnr- WC) ? ?. b z ` p?rw?y ?- $ $3,189.22 $ $0.00 $ $590.83 $3,780.05 WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molczan, Esq e PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6432993 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith ]f ?? Chief Deputy PH Richard W Stewart E Solicitor td>SY?4i1`a,'t International Portfolio Inc. vs. Michelle A Lehman Case Number 2008-4249 SHERIFF'S RETURN OF SERVICE 02/01/2012 09:36 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2012 at 0934 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michelle A. Lehman, in the hands, possession, or control of the within named garnishee, F & M Trust, 214 A Westminster Drive, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Terry Glass, Security Officer, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 2, 2012 to Michelle A. Lehman, 232 Old Sawmill Drive, Newburg, PA 17240. SO ANSWERS, February 02, 2012 RON R ANDERSON, SHERIFF -William Cline, Deputy T ?t`?R?TKpNOTAR? 2?12?EB -? ????? 41 CUMBERS-A?fl COUNTY pENNSYLVA?IA 1N: [ T 17 !lt` (? 1 I" f?a INrTti/ Pl ?1r!C??'1 tJ:1 ? INTERNATIONAL PORTFOLIO INC Plaintiff vs. MICHELLE A LEHMAN Defendant(s) F&M TRUST CO Garnishee(s) Civil Action No. 08-4249-CIVIL "TERM )%OWe-S INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR No. 6432993 t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO fNC Plaintiff vs. Civil Action No. 08-4249-CIVIL. TERM rTr?r,^T T i? ( N ?, IJ C1 e i l Ud il F&M TRUST CO Garnishee(s) TO: F&M TRUST CO, 14 N HANOVER ST, CARLISLE, PA 17013 RE: MICHELLE A LEHMAN, 232 OLD SAWMILL DR, NEWBURG, PA 17240 Suggested Reference No.: XXX-XX-4983 XXX-XX- IMPORTANT NOTICES TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in Judgment against you. B. Herein, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. v,Vhile service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is then in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Bank would not be measured by the balance in the debtor's account, either at the time of service of the Writ or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during the intervening period. WWR No. 5432993 INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to him on any negotiable or other written instrument, or did he claim that you owed him any money or were liable to him for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)? Wr tvl ? d ff t,', d to wl- 0i D e S 'no-I- Wo I Vl-t ,1 A A C O U Ott V V101 F? NA Tv- L4 St Ul 11'10iid4 Y'ti+-1 the terms, face amount and amount you owe or owed to defendant on --ach of such negotiable or other written instruments and the present location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. W / - 2. At the time you were served or at any subsequent time was there in your possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendant. N 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or part by the defendant or in which defendant held or claimed any interest? N D • 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? r?? . 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or place pursuant to your directions or consent and if so what was the consideration thereof? NDr NO U((P0r? t-' YfIAJH0NShIF- 6. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? N I-A 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, Identify each account and state the reason for the exemption, I* amoutrt being withheld under each exemption and the amount of funds in each account, and the entity Acttctaticaliy depositing those funds on a recurring basis. N 1-P?. WWR No. 6432993 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. N A- 9. If the answer to Interrogatory 1 is in the affirmative, state the date the sheriff served these 10. If the answer to Interrogatory 1 is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. ND A ((D 0 V1tS . 11. II'the response to Interrogatory 7 is in the affirmative, are other funds comingled in the account which are not deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? N 1. 12. If the response to Interrogatory 11 is in the affirmative, state the amount of non-exempt funds on deposit in the account. N I-A WELTMAN, WEINBERG & REIS CO., L.P.A. By: Willies"T Molczan, Esqe PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6432993 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to linswf, m fal ifications to a,.lthorities, that he/she is P-'J Ynbo N dop) -l N S MminiSty-M _f; ASS 1S+AN+ of P W -TO&+ QWWW ((A garnishee herein, (Title) (-- dompany) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. R WAJ U W HvkA? (SI NATURE) W WR No. 6432993 SHERIFF'S OFFICE OF CUMBERLAND COUNTY AAnderson lj ?? ?1'?= ??yttr cf `€r :- i:r dy S Smith L12?$ ?2 ?? .;hief Deputy Richard W Stewart CUMBERLAND t;00TY Solicitor PENNS Y LVAH I A International Portfolio Inc. Case Number vs. 2008-4249 Michelle A Lehman SHERIFF'S RETURN OF SERVICE 02/01/2012 09:36 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 1, 2012 at 0934 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Michelle A. Lehman, in the hands, possession, or control of the within named garnishee, F & M Trust, 214 A Westminster Drive, Carlisle, Cumberland County, Pennsylvania, 17013 by handing to Terry Glass, Security Officer, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on February 2, 2012 to Michelle A. Lehman, 232 Old Sawmill Drive, Newburg, PA 17240. 02/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED per request of plaintiffs attorney. SHERIFF COST: $88.38 SO ANSWERS, February 22, 2012 RON R ANDERSON, SHERIFF 1'4:4; WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 6432993 INTERNATIONAL PORTFOLIO INC vs. MICHELLE A LEHMAN and F&M TRUST CO Garnishee(s) THE PR 0: ; -OFFICE Attorney for Plaint PFEB 24 AM : 5o CUMBERLAND COUNTY PENNSYLVANIA Cumberland County Court of Common Pleas NO. 08-4249-CIVIL TERM PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PROTHONOTARY: Kindly marked the above matter discontinued and ended as to Garnishee(s), F&M "(RUST CO, only. WELTMAN, WEINBERG & REIS CO.., L.P.A. By ?.--?- James Warmbrodt, Esquire A7)-'Com y for Plaintiff Sworn to and subscribed Before me the day of February, 2012 MON WEALTH OF PENNSYLVANIA Notarial Seel _ Wendy L. Gault, Notary Public City of Pittsburgh, At"heny county MY Commission 15 2014 NOT RY PU 1C Member, Pennsvtvanla Association of NotBft a-7/Ye7