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Home My WebLink About08-5107 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEINBERG, ESQUIRE Identification No.: 41360 JOEL M. FLINK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 CARLISE REGIONAL MEDICAL CENTER 140 SPRINT DRIVE BLOUNTVILLE, TN 37617 Vs. ANTHONY J. BARBERA 236 RICHLAND ROAD CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 0 k- 5-10 7 c)„? 14t", 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 JUDGEMENT 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT IN CIVIL ACTION 1. Plaintiff is a medical provider that provided reasonable and necessary medical services to the defendant(s). 2. Defendant(s) accepted said services without complaint. 3. The cost of medical services provided by the plaintiff and rendered to the defendant (s) remains outstanding in the amount of $13,430.35. Copies of any medical bills have not been attached to this complaint to protect the privacy of the defendant. 4. All the credits, if any, to which the defendant(s) is(are) entitled have been applied to said account. 5. Plaintiff has made demand upon the defendant(s) for payment of the amount due, but the defendant(s) has(have) failed and refused and still refuse (s) to pay the same or any part thereof. 6. Defendant received medical services on May 10, 2006. WHEREFORE, plaintiff claims of the defendant(s) the sum of $13,430.35 plus applicable costs, interest and attorneys fees. GORDON & WEINBERG, P.C. BY: FREDERIC I. WEI G, ESQUIRE JOEL M. FLINK, ESQUIRE Attorney for Plaintiff POiS a VERIFICATION FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the attorney for the Plaintiff (s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. FREDERIC I. WE NBER , ESQUIRE 1.4. s:^c> D SHERIFF'S RETURN - REGULAR CASE NO: 2008-05107 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE REGIONAL MEDICAL CNTR VS BARBERA ANTHONY J NOAH CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAR13ERA ANTHONY J the DEFENDANT , at 1505:00 HOURS, on the 12th day of September, 2008 at 236 RICHLAND ROAD CARLISLE, PA 17013 ANTHONY J BARBERA by handing to 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 6.00 Postage .59 Surcharge 10.00 /, S- 00 34.59 So Answers: R. Thomas Kline 09/15/2008 GORDON & WEINBERG Sworn and Subscibed to By: before me this day Deputy Sheriff of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE REGIONAL MEDICAL CENTER, Plaintiff V. ANTHONY J. BARBERA, Defendant NO.: 08-5107 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT AND NOW, this E:?-day of October, 2008, comes the Defendant, Anthony J. Barbera, by and through his attorney, Andrew H. Shaw, Esquire and files the instant Answer and in support thereof states as follows: 1. Admitted in part and denied in part. It is admitted that Plaintiff is a medical provider. It is denied that said services provided to Defendant were reasonable and necessary. 2. Denied as stated. It is denied that Defendant accepted said services without complaint. As a matter of further response, Plaintiff quoted Defendant a certain cost for services, and Plaintiff then charged in excess of twice the quoted amount. 3. Denied. Defendant denies the outstanding amount owed is $13,430.35. As a matter of further response, Plaintiff quoted to Defendant the cost of services would be $5,500.00. 4. Denied. It is denied that all credits to which Defendant is(are) entitled have been applied to his account. 5. Denied in part and admitted in part. It is admitted that Plaintiff made one attempt, through its attorney for collection of the debt. It is denied that Defendant has failed and refused to pay the outstanding balance. As a matter of further response, Plaintiff has failed to 1 • ever send a detailed bill to Defendant. Further, Defendant disputed the amount claimed outstanding by Plaintiff's counsel. 6. Admitted. WHEREFORE, Plaintiff respectfully requests this Honorable Court to dismiss Plaintiff's Complaint. Respectfully Date: 1 Q " "?4 By: Anarew rr. anaw, jsquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Defendant 2 Rx Date/Time OCT'-13 2008 01:34P uLi-iJ-CUM Mun) OCT-13-2008 CON) 13:54 FROM:LTBTRANPORTATION 7172431674 11:?l Ln• urrttc ur nnuncv n 3nno 7172431674 TO:2437872 %rnA)411LQJrvfL P. gal P. 1 I. YYIIYY. VERIFICATION I vo* that the statements irat4e in this Answcr arc tine and cor=L I undcotand that false statements herein am made subject W the penalties of IS Pa.C.S. Section 4904, relating to unworn t dMcatkm to authorities. Drd= ID' IL' Aatltony CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Answer to Complaint, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Frederic I. Weinberg, Esquire Gordon & Weinberg, P.C. 1001 E. Hector Street, Suite 220 Conshohocken, PA 19428 Attorney for Plaintiff Date: /0- / .3 -C)0 Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Defendant ra cra ?? N C .w-r f I SIe K i Df\?? ?S. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. "J 20 0 y n C ?7 S CJl .3. RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially irj Following form: r_ PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: -I , ? W (1? counsel for the lainti efendant in action (or actions), respectfully repreis that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is S I N ?Q. b S The counterclaim of the defendant in the action is N /A N O C L w ca w the above The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: `` td.L.K t G .Z . A e- Alat? q, ? 2erS S? x? vJ WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT petition, Esq., and AND NOW, . 200-_, in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, "T7 M Q -,J ell Jm $A4.oo Po A ry O,r-,* 1a ul ?2r*a3& A&V 0-'-0 3-?? -1:& is , N40,or%y RULE 1312-1 T NA?kkA IN TIC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7 200$ The Petition for Appointment of Arbitrators shall be substantially in the Following farm: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, TTHF. JUDGES OF SAID COURT- 'r- ' v' 1) counsel for the lainti fendant in the above action (or actions), reapectfirllythat: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is S 134. °j5 The counterclaim of the defendant in the action is N The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit rras arbitrators: rr 11 l L G .Z . VYt ?`?b ((t tb Sh?v? RE, WHERE the case shat P ?itioner ?tt prays your Honorable Court to appoint ttm (3) arbitrators to Respegttidly submitted, ORDXR OF COURT AND NOW, Petition, Esq., and captioned action (or actions) as prayed for. ,200 , in consideration of the foregoing Esq., and . Esq., are aPlx)inted arbitrators in the above By the Court, Y Respectfully submitted, ORDER OF COURT j L F, . L b'f .1? she ? D??l ?S. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 61() 0) ( 20 0$ y c C1:) '. RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially i Following form: PETITION FOR APPOINTMENT OF ARBITRATORS N Q ? `3 TTT w rn w ? TO THE HONORABLE, THE JUDGES OF SAID COURT: Zi, r ` A counsel for the lainti efendant in the above action (or actions), respectfully repre is that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ I N 2JD•'bS The counterclaim of the defendant in the action is N tpa The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, 246 , in consideration of the foregoing petition, Esq., and Z ,e?- 2 ??-A Esq., and 00 ?gk Esq., are appointed arbitrators in the above captioned action (or actions) as praye for. A4.kt A s"Cv ?,C" a 3 j3a??a PO ATry av* )61 9'1'a PTt "23(c-'WV b, V, `? 5?t i o n.? rn2? w l n?ei?. \is. ? neon J ? , b?AR W THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 200$ N rnC? C _ in lar- s shall be substantiall bit t t f A t i A y ra or o r men ppo n RULE 1312-1 The Petition for Following form: r PETITION FOR APPOINTMENT OF ARBITRATORS ? TO THE HONORABLE, THE JUDGES OF SAID COURT: ` counsel for the plaintif defendant in the above action (diem), respectfully represents that. 1. The above-captioned action fopmetims) is (we) at issue. ?J . 35 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the action is 6('a The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respec ly submitted, /00? i ORDER OF COURT AND NOW, petition, Esq., and 200 , in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, , ra kt:v10 A. His AT #dq•oo Pa XrtY C* 1515490 era&10179 CARLISLE REGIONAL IN THE COURT OF COMMON PLEAS OF MEDICAL, CENTER, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. 08-5107 CIVIL ANTHONY J BARBERA, Defendants ORDER AND NOW, this 24' day of January, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Roger Irwin, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, Kevin,A. Hess, P. J. Roger Irwin, Esquire Court Administrator m -.72 rll r . U? N _ N " P. _ r3 FILED-OFF-10F C'F HE PROTHONOTAR`i2032738 GORDON & WEINBERG, P.C. 2012 JAN 26 PM 2: 26 BY: FREDERIC :1. WEINBERG, Er tLAND COUNTY Identification No.: 413 0 PENNSYLVANIA JOEL M. FUNK, ESQUIRE Identification No.: 41200 1001 E. Hector Street, Ste 220 Conshohocken, PA 19428 484/351-0500 Carlise Regional Medical Center vs. Anthony J. Barbera COURT OF' COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 08-5107 CIVIL PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. GORDON & WEINBERG, P.C. x , BY: FREDERIC I. EINB RG, ESQUIRE JOEL M. FLIN, Er5QUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on the date below, served a copy of the Praecipe to Withdraw Complaint to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre-paid, to all other parties or their counsel of record. FREDERIC EINBERG, ESQUIRE Dated L