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Home My WebLink About04-1282COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDQUEST LTD. Plaintiff VS. CATHERINE MAHADY-SMITH and STEPHEN PEDERSEN i/t/a Pedersen & Pedersen Defendant No. oq - ClVIL ACTION 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, 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND M~LE, P.C. Ronald Amato, Atty ID #32323 Michael Kennedy, Arty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff MEDQUEST LTD. VS. CATHERINE MAHADyoSMITH and STEPHEN PEDERSENi/t/a Pedersen & Pedersen CIVIL ACTION Defendant(s) : COMPLAINT The above Plaintiff brings this action against the above Defendants to recover the sum of $13,722.00, with interest thereon as hereinafter stated, upon the following cause of action: The Plaintiff, MEDQUEST LTl). is located at 116 E. 30th St., New York NY 10016. 2. The Defendant, CATHERINE MAHADY-SMITH individually and trading as Pedersen & Pedersen is located at 3115-A, North Front Street, HARRISBURG PA 17110. 3. & Pedersen is located at 214 Senate Ave.., Ste. 602, Camp Hill PA 17011. COUNT I 4. Plaintiff, at Defendants' special instance and request, rendered to Defendants certain Expert Witness services in the amount and for the prices set forth Statements of Defendants' Account and Retainer Agreements taken from Plaintiff's books and records, true and correct copies of which is attached hereto, made a part hereof and marked Exhibit "A". The Defendant, STEPHEN PEDERSEN individually and trading as Pedersen 5. The prices charged for the aforesaid Expert Witness services are just and reasonable and are those which Defendants promised to pay Plaintiff. 6. Defendants received and accepted the Expert Witness services described in the invoices referred to in Exhibit "A" and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $10,381.25. 7. Plaintiff is entitled to receive interest on the above amount determined by applying the statutory interest rate of 6.00% per annum to the past due balance. As of March 16, 2004 the total amount of interest due to plaintiff is $1,285.53. 8. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from March 16, 2004 on down to the date of judgment in this matter. 9. In accordance with the aforesaid agreement, Defendants further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $2,055.22. 10. Plaintiff has made demand against Defendants for the aforesaid amount, but Defendants failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendants for $13,722.00 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from March 16, 2004, and costs of suit. COUNT II Alternative to Count I - Unjust Enrichment 11. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 12. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by Defendants, and Defendants received and accepted the benefit of such goods, wares, merchandise, and/or services provided by Plaintiff. 13. At all times material hereto, Defendants was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendants, and that Plaintiff expected to be paid for such. 14. At all times material hereto, Defendants, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 15. At all times material hereto, Defendants was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 16. By reason of the aforesaid unjust enrichment of Defendants at Plaintiff's expense, an implied contract exists between Plaintiff and Defendants, and Defendants is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $10,381.25. WHEREFORE, Plaintiff demands judgment against Defendants for $10,381.25 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from March 16, 2004, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AN~ARGLE, P.C. Ronald Amato, Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (61 O) 866-0400 VERIFICATION ~U~'~-' /~J~ , Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. Nov i~1 03 11:15a medQues~ L~d reed ) est [. ~, 6'3 Sta[ement Pedersen & Pedersen 214 Senate Avenue Suite 602 Camp Hill, PA 17011 December 05, 2002 SYED M. ANEES # 107414 I 8/28/2002 Init Retainer 1 12f5/2002 Expert's Fee Dr. Marlo Ammirati (NS) Dr. Mado Ammirati's Additional Time for Extensive Deposition Review - 8 hfs @S575 Total: Less Amount Paid: Balance Due: $4,600.00 $5,850.00 $1,250.00 $4,S00.00 Please make FiRM check payable to: medquest, Ltd. 13-3153155 PAYMENT DUE UPON RECEIPT THANK YOU. EXHIBIT th. Nov 21 03 11:15a medquest Ltd med( e t RETAINER AGREEMENT Elliot \'0] Stone, Esq., Chief Executive Oj5%er Stevcn g. Lerner, Ph.D.. ChiefO?erating This Agreement made this 21st day of June, 2002 by and between Catherine Mahady-Smith, Esq., of Pedersen & Pedersen (hereinafter referred to as the "Firm") and medquest, Ltd., 116 East 3ff~ Street, Next' York, NY 10016. I. Firm agrees to retain the services of Marlo Ammirati, M.D., in the field of neurosurgery to render objective opinions in the matter of Syed M. Anees. Firm agrees that any future matter(s} it wishes to refer to said expert will be sent through medQuest for processing (not directly to expert). 2. Firm agrees to reimburse medQuest, Ltd. for services and expenses as follows: $1,250.00 is the initial non-refundable retainer for a standard review and case evaluation. Expert will review material provided for evaluation and communicate findings by telephone within six weeks of medQuest's receipt of retainer, records, and signed retainer agreement. Jif the review involves an unusual volume of records, is extremely complex, or requires a detailed report, additional fees may be required. $575 per hour for case services, excluding deposition and/or in-court services. $575 per hour for deposition and/or in-court services. Advanced payment required for estimated services prior to Expert's scheduling for deposition. Expert's availability ~'ill be confirmed upon receipt of funds. Firm will be billed for all reserved time whether or not urilized. Written notification of cancellation/change must be received at least five (5) business days prior to scheduled deposition or Firm will be charged for reserved time in addition to any time spent by Expert in preparation for testimony. $4,600 per day minimum. In court testifying fees are based on an eight-hour day. Additional time will be billed on an hourly basis at the rate for deposition/in-court services. All deposition and trial scheduling must be made throug~h medOuest scheduling coordinator(s). First day charges are calculated from the time Expert leaves office/residence and continues until travel and/or work is concluded that day. Subsequent day(s) charges are calculated from the time Expert begins rendering services and continue until services are concluded or if traveling Expert arrives ar office/residence. For travel involving time zone changes, local time is used for points of departure/arrival. Advanced payment is required for estimated services and expenses prior to Expert's scheduling for travel. Expert's availabiliV wil! be confirmed upon receipt of funds. Written notification of cancellation/change must be received at least five (5) business days prior to scheduled departure or Firm will be charged for reserved time in addition to any time spent by specialist in preparation for testimony. 3. All payments shall be made by Firm payable to medQuest, Ltd. which shall be both dlrectly and solely responsible for payment to Expert of all case-generated fees. Firm shall make no direct payment to Experts secured throug~ medquest, Ltd. and shall forward any Expert bills directly to medquest, Ltd. Payment in full is due upon presentation of invoice and is past due thirty days from invoice date. Firm shall pay any attorney's fees or other cons incurred in collecting any amounts owed under this Agreement. 4. This Agreement shall be controlled by the laws of the State of New York. The parties agree to submit to the exclusive jurisdiction and venue of the Federal or State courts of the State of New York, County of New York, with respect to any claim or dispute arising under and in connection with this Agreement. WHEREFOtLE, the parties hereto execute this Agreement on the date first written above. / FOR THE FIRM v~flr/ , medquest, Ltd. ~2-0,Q-., l I~ Ea.~t 30th Street · New 'turk, NY 10016 (800) 633-6251 - Fmc (212) 725-5090 - mcdQucstI.td.com Nov 21 03 ll:16a medquest Ltd ~127252064 medO..uest Dr, Stcvcn E. Lerner & Associates Statement Catherine Mahady-Smith Law Office 3115-A North Front Street Harrisburg, PA 17110 Attn: Catherine Mahady-Sm[th May 07, 2003 SHARON WARD # 107533 I 9/18/2002 Init. Retainer 2 9/18/2002 Init. Retainer 2 4/18~2003 Expert's Fee 1st Review- Dr. Michael Leitman 2nd Review ~ Dr. David Powers Dr. David Powers Review - 3.75 hfs @ $475 Total: Less Amount Paid: Balance Due: $1,050.00 $1,050.00 $1,?@1.25 $3,881.25 $2,100.00 $1,781.25 Please make FIRM check payable to: medquest, Ltd. PAYMENT DUE UPON RECEIPT THANK YOU. I16 East 30th $¢rcet· New York. NY 10016 (800) (~3:)-6_~l · F:lx (212) 72%$090 - mcdQuesd.td.com Hay 21 03 ll:lGa medquest Ltd Jul-16~ ~ecord solutions llc 2127252064 p.7 800 753 4838 P.03 R.ETAINER AGREEMENT Elliot W, ,";tone. F~sq., Chv~f.~i';cutiw' Oflh~r This Agreement made fl~.s 16th da}, of July, 2002 by and between Catherine Mahad~C-~i~al,'~c4;,PIo~'ie/'O~e"til~e ()~.~cer (herinafter tefe=ed to as the "Fi~m") and medQues t, Ltd., ! 16 ~st 30th Street, New York, NY 10016. 1 Firm agrees to retain the services of David Power, M.D.~ in the fields of obstetrics and gynecology, to tender objective opinions in the martex of Sharon Wa~d. Firm agrees that any future matter(s) it wishes to refe~ to said e.x~ert ~ be sent through medquest for processing (not direcdy to expert). 2. Firm ~geees to reimbt~rse medQues r, Ltd. for services and expenses ~s follows: $1050.00 is the initial aott-~e~undable retainer for s standard review and c~se evaluation. Expert will te~'~ew material prox4ded for evaluation and communicate fmdings by telephone ~4thln six weeks of medQ~est's receipt of retainer, records, and signed retainer agreement. If the review involves an unusual volume of records, is extremely complex, or requires ~ detai]ed report, additional fees may be requ~ed. $475. per hour for case services, excluding deposition and/or in-court services. $525 pet hour for deposition and/or in-court services. Advanced payment ~:equired for estimated services prior to Expert's scheduling for deposition. ExpeWs availability will be confirmed upon ~eceipt of funds. Fhnn will be billed for all reserved time whether or not utlized. Whtten notification of cancellation/change must be received st lease fnte (5) business days prior to scheduled deposition or Fk'm will be cha=ged for rescued time in addition to any ti~e spent by Expert in preparation for testimony. $4,~200 per da). minimum. In court tesfi~4mg fees are based on an eight-hoax day. Additional time ~ he billed on sn hourly basis at the rate for deposition/imcouxt services. All depositinn ~nd Ctial ~chedulin~' must be made through medquest scheduling coordinator(s). First day charges are calculated from the time Expert leaves office/residence and continues until travel and/or work is concluded that day. Subsequent day(s) charges ~re calculated fi:om the time Expert begins rendering services and continue un~ services are concluded or if traveling Expert arnves at office/residence. For trax~ei invoh, ing time zone changes, local time is used fo~ points of departure/arrival. Advanced payment is req~ked for estimated services and expenses prior to Expe~'s scheduling for travel. Expert's availability will be confirmed upon ~eceipt of funds. ~.~tten notification of cancellation/ch.'rage must be received at least five (5) business days prior to scheduled depar~e or Firm w~U be charged for reserved t/me in ~tddifion to any time spent by specialist in preparation for testanony. 3. All payments shal/ be made by F~m payable to medQue~% Ltd. which, shall be both dlrecdy and solely responsible for payment to Expert o~' all case~generzted fees. Firm sh~ m~ke no direct payment to E::pe..'~ secured d=ough medQoest, Ltd. and shall forwaM any Expert bills directly to medQuest, Ltd. Payment m full is due upon presentation of i~voice and is past due ~irty days fi:om invoice date. Firm shall pay any attorney's fees or other costs incurred in collecting any amounts owed under this ,~..geeement. 4. This Agreement shall be contxolled by t~e laws of the State of New Yoxk. The pax~es agree to submit to r~e exclusive jurisdiction and venue of the Federal or State courts of the Sure of Ne=, York, CounV/of New Yo~k, with respect to a~y claim ar dispute ~ising under ~nd in connection with this Agreement. WHEREFOKE, the p~r~ies heteto execute this Agreement on the date first written shove. FOR THE FELM /./ medquest, Ltd. ~ O ?~.Date ~ 116 East 30th Street · Net.., 'fi)rk, NY 10(116 (800) 63.3-6251 . F,-LX (212) 725-5090 · medQucslLtd.con'~ ~ov 2! 03 ll:lBa medquest Ltd 2~272520G4 poB medQpest Dr. Stcvcn E. l.~'rner ~ Associates Statement Pedersen & Pedersen 214 Senate Avenue Suite 602 Camp Hill, PA 17011 Attn: Catherine Mahady-Smith April 24, 2003 KATHLEEN HEFFLEFINGER # 107014 1 6/11/2002 Init. Retainer 2 6/11/2002 Init. Retainer 3 6/11/2002 Init. Retainer 4 6/11/2002 Init. Retainer 1 7/2/2002 Expert's Fee 2 7/3/2002 Expert's Fee 4 8/23/2002 Expert's Fee 2 9/5/2002 Expert's Fee 4 10/11/2002 Expert's Fee 3 4/24/2003 Expert's Fee 1st Review (Rush) - Christy Anderson, P.A. 2nd Review (Rush) - Dr. James Vogel 3rd Review (Rush) - Dr. Verlyn Warrington 4th Review (Rush) - Dr. Neal Rosen Christy Anderson's review- 2.5 hrs. @ $175/hr. Dr. James Vogel's review of voluminous records and report- 7.82 hrs. @ $475/hr. Dr. Naa[ Rosen's review of voluminous records- 1.5 hrs. @ $475/hr. Dr. James Vogel's review-.75 hrs. @ $475/hr. Dr. Neal Rosen's preparation of report, 1hr @ $475/hr. Dr. Verlyn Warrington's extensive review of voluminous records and preparation of report, 2.5hrs @ $450/hr. $1,250.00 $1,250.00 $1,250.00 $1,250.00 $437.50 $3,714.50 $712.50 $356.25 $475.00 $1,125.00 Please make FIRM check payable to: medQuest, Ltd. PAYMENT DUE UPON RECEIPT THANK YOU. Nov 21 03 ll:16a medquest Ltd . edO..ue t Dr. S~cvcn E. Lerner ~ Associates Statement 21272520~4 p.9 Pedersen & Pedersen 214 Senate Avenue Suite 602 Camp Hill, PA 17011 Attn: Catherine Mahady-SmJth April 24, 2003 Total: Less Amount Paid: Balance Due: $11,820.75 $~0,695.75 $1,~25.00 Please make FIRM check payable to: medQuest, Ltd. PAYMENT DUE UPON RECEIPT THANK YOU. 116 East .';()rh Street · Nc,.:' ~brk. Nh' I()(llfi (800) 633-6251 - ]::tx (212) 725-':,09I) - medquest[ id.corn Nov ~1 03 ll:16a F~':~T~EPEDERSENN medQues~ Ltd 212725206~ F~Z NO, :?1776~1460 ~un. 10 2C~ ll.'53~H P~ p. lO med( est through medquest of rccord~, i~ cxtzem~y ~mpl~, o~ require~ a detailed r~o~, ad, dona] fee~ may be requkcd. hour far ca~c aetx,icc:, excludi~,g d~. a~idon and/or in-cou~t service/. S3,B00 pc~ el=>' miami:am. In court testifying fo'cs are ha~cd 013 an e~ht-~ou~ day. Additional fi~le ~1 bc billed on an houdy ~ras'el ~md/ot ~ck b concluded thae ~y. Subs~cn~ day(s) char~cs arc c?.lo.,ke¢~ from fhe tm~ Esp~t besm rendering 3. All pa?n{ur:t~ ~h,~ll b= :nad;: by Fi=:= pt~yabl~ to medquest, Ltd. ,*dUd~ =bql be both ~rccdy and soldy rcspon.sible for Hov 21 03 11:18~ medquest Ltd I IIII I Dr. Stcvcn E. Lerner & Associat<s Statement p.1 Pedersen & Pedersen 214 Senate Avenue Suite 602 Camp HiIl, PA 17011 Attn: Catherine Mahady-Smith October 28, 2002 CHERYL A. MILLS # 107415 I 8/28/2002 Init. Retainer 10/28/2002 Expert's Fee Dr. Mario Ammirati (NS) Dr. Mario Ammirati's review of voluminous records, 5hfs @ $575/hr. Total Less Amount Paid Balance Due $4,125.00 $1,250.00 $2,875.Q0 Please make FIRM check payableto: medQuest, Ltd. 13-3153155 PAYMENT DUEUPON RECEIPT THANK YOU. 116 East 30th Siro.,t · Nc~x York. NY 10016 (S00) 633-6251 . Fax t212) 725-5090 · mcdQuc:;tl.td.com Hov 21 03 ll:l~a m~Quest L~d 2127~5~0G~ Aug. ~1 ~02 11:~91:~ P3 medO est R.ET&INER AGR 30 ' S~cc~, New Pcdc~s~ ~ Pcd~rs~n ~{mffCer ~[err~d to as ~he ~Pirm") ~nd m~u~t, Lt&, U~ E~< " ' York, NY I0016, 1. Finn agrees to ret;tin the services o( Marlo Ammiratl, M.D., in thc field :~f ncurosur§ery bc sent though medquest ~or prcc~sing (nor d~rectJy ~o 2 Firm agree.~ to ,-e~m'~urse medgr~:xc, Ltd. fo:' services an~ cxgensgs ~ ~ol~ows: $~,250.00 is thc initi~ non-refun~ble retain~ for a standard review a:d c~e evaluation. Expcrt wili review material provided for ev~fluacJon and communicate finding~ by telephone within six weeks of med~est's receipt o~ con:p~ex, or rcqrdrca a ~c~]cd repm~, ,~irioua] iecs may bc rcqulrcd. $575 per hour fin* case services, excludirlg d~posltion and/or ill-court services. $~75 pc:' haut to: deposition ar.d/m' imcourt services, Advanced pay;n~t required [or e~t;mated semices prior ro Exae~'s $c}~duJ;ng [~:r depos;~o ~. Expc~% ava{lability will he ' " . con/Icmed upon receipt o~/xm&~. Firm wi~ be billed b)- Ex~t~ h~ preparation for test~non},. ~4,600 pc,. day mm:mum. In court testifying fees are based on an clght-hom' day. Additional rime will bc biped on an ourly basis a~ the rate for dup~t~on/in-cou~ ae~'iccs. All d~sitipn and. trial schedul~Og must ~ made through acd continues u~tL] travel an~cr work is conzlt~dcd that day. Suba<uen~ ~YO) cimrges are ca]culated from the time Expe~ bogies rendc~ng services ;md continue und] sam{ecs are' concluded or if traveling Expe;~ arrives m of Sce/rcs~de~ee. For travel involving time zone changes, local dine {~ u~ed for points of &pa~urC/~rival. Advanced will be confirmed{ upon recc{p~ o; fun~. Written no;Jflca~Joa of cnnc;ellat;on/chan~ mtso: be received at Jea~ five 3. Ali payments shall he made by Firm payable to medquest, Ltd, wh;ch shall be both &reedy and re]ely responsable for payment ~o Expm't of all case-generated fees. P, rm smd, mak,: no d *crt p~yment to Expels se~red through medquest, Ltd. and sh~dJ lazard an), Ex~ hills direc, ly to medquest, Ltd. Payment h~ fu~ is due upon presented;on Of invoice and is p~c due tl~y days from invoice date. Firm shall pay any attorney's ~ccs or other cos~ inmtrred in collecting any mmount~ owed under this Agreement. 4. Tbis Agrcclncnt ~hi~ be controlled by tbe laws of the Sc,~tc of Ne~- York. Thc pumas agree Ia lubmit to die exclusive jm'isdictiot~ and venue of the FO&r;! or Stair cou~s of the State of New York, Coumy of New York, wlrh respect to any claim :.,r dispute arising under ,md in cnnn<tion wkh this Agreement. WHER~OREa~hcoatzies hcreto e.xccut~ t ii~ Agreement (m t[:e d;l~ first wr:tten above. BY FOR TI rE ~RM ~ ' mmtQuest, Ltd. -- 116 En5' 30t[~ ~,t'~c~ - N~w %brk, NY 10[}Jf~ __ (8 O) (~;3 ~ 6251 " ' - ' , · Fax (2}2: ,25-50~J . ,,t'dt'~ucsd,~d. con~ ~ E~ro~ PEDERSEN & PEDERSEN, L.L.C. By: Stephen R. Pedersen, Esq. I. D. No. 72026 214 Senate Avenue, Suite 602 Camp Hill, PA 17011 (717) 763-1170 and THE LAW OFFICES OF CATHERINE M. MAHADY-SMITH By: Catherine M. Mahady-Smith, Esq. I.D. No. 47252 3115 N. Front Street Harrisburg, PA 17110 (717) 236-6012 MEDQUEST LTD. Plaintiff, VS. CATHERINE MAHADY-SMITH and STEPHEN PEDERSEN i/t/a Pedersen & Pedersen, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 04-1282 CIVIL ACTION PRELIMINARY OBJECTIONS OF DEFENDANTS CATHERINE MAHADY-SMITH and STEPHEN PEDERSEN i/t/a PEDERSEN & PEDERSEN TO PLAINTIFF'S COMPLAINT Defendants Catherine Mahady-Smith and Stephen Pedersen i/ifa Pedersen & Pedersen hereby submit the following Preliminary Objections to the Complaint of MedQuest, Ltd. I. On or about March 25, 2004, MedQuest, Ltd. flied an action alleging damages arising out of certain Retainer Agreements attached to the Complaint. 2. Catherine Mahady-Smith is listed as an individual trading and doing business as Pedersen & Pedersen, located at 3115-A North Front Street, Hmxisburg, PA 17110. 3. However, Catherine Mahady-Smith is not, nor has she ever been, trading and doing business as Pedersen & Pedersen. 4. Furthermore, Pedersen & Pedersen is not located at 3115-A N. Front Street, Harrisburg, PA 17110. 5. Attached to the Complaint are various MedQuest Statements and Retainer Agreements. Some of the agreements are signed by Stephen Pedersen, on behalf of Pedersen & Pedersen, and others are signed by Catherine Mahady-Smith, for the law offices of Catherine Mahady-Smith. 6. The Complaint fails to distinguish which of the contracts were entered into by Catherine Mahady-Smith and Stephen Pedersen. 7. Pennsylvania law requires that separate counts for each defendants be enumerated, and particularly, where contracts were not entered into jointly. 8. Furthermore, each Retainer Agreement under which the action was brought, contains Paragraph 4, which states as follows: "This Agreement shall be controlled by the laws of the State of New York. The parties agreed to submit to the exclusive jurisdiction and venue of the Federal and State Courts of the State of NY, County of New York, with respect to any claim or dispute arising under and in connection with this Agreement." 9. Plaintiff, MedQuest, has ignored the provisions within its own Retainer Agreement and has filed in Cumberland County, Pennsylvania. 10. Defendants object to the filing in Cumberland County, where the very agreements under which MedQuest has brought its action includes a jurisdiction clause stating that New York is the "exclusive jurisdiction and venue" with respect to "any claim or dispute arising under and in connection with this agreement." 11. Accordingly, MedQuest has improperly filed in Cumberland County and Defendants seek dismissal of the suit on this ground. 12. Alternatively, if the suit is allowed to go forward, MedQuest must delineate, with specificity, the conduct and contracts allegedly entered into by Catherine Mahady-Smith and distinguish those contracts allegedly entered into by Stephen Pedersen. 13. Pennsylvania requires that separate counts be made for each defendant. 14. Exhibit A to the Complaint is a Statement which, on its face, shows a balance due of $4,600.00. This Statement is addressed to the attention of Stephen Pedersen at 214 Senate Avenue, Suite 602, Camp Hill, PA 17011. Catherine Mahady-S~mith's name is specifically crossed out from the statement. The Retainer Agreement is signed only by Stephen R. Pedersen. 15. The Statement of May 7, 2003, bears Catherine Mahady-Smith's law office's name only, and in no respect bears the name Stephen R. Pedersen or his law office. 16. The corresponding Retainer Agreement, likewise, only contains the name of Catherine Mahady-Smith and her signature. 17. The Statement of April 24, 2003 is a Statement directed to Pedersen & Pedersen at 214 Senate Avenue, Suite 602, Camp Hill, PA 17011 and the corresponding Retainer Agreement provided to the Defendant contains no signature line whatsoever. 18. The October 28, 2002 Statement is addressed to Pedersen & Pedersen at 214 Senate Avenue, Suite 602, Camp Hill, PA, yet the Retainer Agreement is silted and was entered into on behalf of Catherine Mahady-Smith. 19. Each of those statements and retainer agreements are attached hereto as Exhibit A. 20. Accordingly, the Complaint is not sufficiently specific with respect to the conduct alleged against each individual Defendant. Furthermore, Defendants object to the Complaint in that it fails to include and incorporate the correspondence sent by the Defendants that the services billed were not actually provided. A copy of those letters are attached hereto as Exhibit B. 21. Furthermore, Defendants seek to strike Count II of the Complaint which attempts to make a claim for unjust enrichment. 22. Plaintiff is aware that none of the Defense Experts 'who were to provide reports, actually provided reports. 23. Accordingly, no enrichment has occurred, but rather, defendants have been required to find substitute services from experts who have prepared final :reports. 24. Accordingly, and under these circumstances, no claim for quantum memit exists where no meaningful services have been provided and substitute services have been engaged. WHEREFORE, Defendants, Catherine Mahady-Smith a~td Stephen Pedersen respectfully request that the demurrer be granted and the case be dismissed irt that the jurisdiction lies exclusively in New York. Alternatively, Defendants request that: the Court order separate Counts against each of the Defendants. Finally, Defendants request that Count II be dismissed in that no claim for unjust enrichment can lie where the services were never provided, no reports were obtained, and alternate reports had to be obtained. Respectfully submitt,qd Stephen R. Pedersen Catherine Mahady-Sn~ - VERIFICATION I, STEPHEN PEDERSEN, hereby verify that the facts ,contained in the foregoing PRELIMINARY OBJECTIONS are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 PA. C.S. Section 4904, relating to unswom falsification to authorities. Stephen Pedersen Dated, this //dl;dayof ~4~r,'! ,2004. CERTIFICATE OF SERVICiE And now, this / ~lay of f~,-r-/ // , 2004, I, Cadeen S. Jensen, do hereby certify that I have, this date, served a tree and correct copy of the attached PRELIMINARY OBJECTIONS upon each of the attorneys of record at the folle~wing address(es) by sending same in the United States mail: Ronald Amato Michael Kennedy Michael Lessa Amato and Margle, P. C. 107 North Commerce Way Bethlehem, PA 18017 Attorneys for Plaintiff Date: Carlee~l-S. Je~sen ~ Assist. to Stephen R. Pedersen, Esq. Hov 21 03 l[:lSa medquest Ltd 2127252064 Dr. Srevcn E, Lerner & Statement Pedersen & Pedersen 214 Senate Avenue Suite 602 Camp Hill, PA 17011 Attn: ~ December 05, 2002 SYED M. ANEES # 107414 8/28/2002 Init. Retainer 1 12/5/2002 Expert's Fee Dr. Marlo Ammirati (NS) Dr. Marlo Ammirali's Additional Time for Extensive Deposition Review - 8 hfs @S575 Total: Less Amount Paid: Balance Due: $1,250.00 $4,600.00 $5,850.00 $1,250.00 $4,600.00 Please make FIRM check payable to: medQuest, Ltd. 13-3153155 PAYMENT DUE UPON RECEIPT THANK YOU. Nov 21 03 11:15a medquest Ltd RETAINER AGREEMENT Elliot x~( Stone, Esq., ChiefExecurive O~cer Srevcn E. Lerner, Pk.D.. Chief Operating Ofl3cer This Agreement made this 21st day of June, 2002 by and between Catherine Mahady-Smith, Esq., Pedersen & Pedersen (hereinafter referred to as the "Firm") and medQuest, Ltd., 116 East 3ffh Street, New York, NY 10016. I. Firm agrees to retain the services of Marlo Ammirati, M.D., in the field of neurosurgery to render objective opinions in the matter of Syed M. Antes. Firm agrees that any future matter(s} it wishes to refer to said expert will be sent through medQuest for processing (not directly to expert). 2. Firm agrees to reimburse medQuest, Ltd. for services and expenses as follows: $1,250.00 is the initial non-refundable retainer for a standard review and case evaluation. Expert will review material provided for evaluation and communicate findings by telepho~.e within six weeks of medQuest's receip~ of retainer, records, and signed retainer agreement. If the review involves an unusual volume of records, is extremely complex, or requires a detailed report, addklonal fees may be required. $575 per hour for case services, excluding deposition .'md/or in-corox set?ices. $575 per hour [or deposition and/or in-court services. Advanced payment required for estimated services prior to Expert's scheduling for deposition. Expert's availability will be confirmed upon receipt of funds. Firm will be billed for all reserved time whether or not utilized. Written notification of cancellation/change must be received at least flve (5) business days prior to scheduled deposition or Firm will be charged for reserved time in addition to any time spent by Expert in preparation for testimony. $4,600 per day minimum. In court testifying fees are based on an eight-hour day. Additional time will be billed on an hourly basis at the rate for deposkion/in-court services. All deposition =md trial scheduling must be made throug~_h medquest scheduling coordinator(s). First day charges are calculated from the time Expert leaves office/residence and continues until travel and/or work is concluded that day. Subsequent day(s) charges are calculated from the time Expert begins rendering services and continue until services are oancluded or if traveling Expert arrives at office/residence. For travel involving time zone changes, local time is used for points of departure/arrival. Advanced payment is required for estimated services and expenses prior to Expert's scheduling for travel. Expert's availability wiI! be confirmed upon receipt of funds. Written notification of cancellation/change must be received at least five (5) business days prior to scheduled departure or Firm will be charged for reserved time in addition to any time spent by specialist in preparation for testimony. 3. All payments shall be made by Firm payable to medQuest, Ltd. which shall be both directly and solely responsible for payment to Expert of alt case-generated fees. Firm shall make no direct payment to Experts secured through medQuest, Ltd. and shall forward any Expert bills directly to medquest, Ltd. Paymen~ in full is due upon presentation of invoice and is past due thirty days from invoice date. Firm shall pay any attorney's fees or other costs incurred in collecting any amounts owed under this Agreement. 4. This Agreement shall be controlled by the laws of the State of New York. The parties agree to submit to the exclusive jurisdiction and venue of the Federal or State courts of the State of New York, County of New York, with respect to any claim or dispute arising under and in connection with this Agreement. Wt-iEREFOKE, the parties hereto execute this Agreement on the date first written above. /FOR THE IYIRM aa-4/c~ medQuest, Ltd. ~'_)2..O51~ l[,.~ E; st 30th Strcct· Ne,,' 'turk, NY 10016 (800) 633-6251 - Fax (212) 725-5090 ·med. QuestI.td.com Hov 21 03 11:16a medquest Ltd 2127252064 Dr. Stcvcn£.Lerner&Associates .. .'" . ..' .' , ~ ' ' ~:-:.';'. "' '"'"'""' Statement Catherine Mahady-Smith Law Office 3115-A North Front Street Harrisburg, PA 17110 Attn: Catherine Mahady-Smith May 07, 2003 SHARON WARD # 107533 1 9/18/2002 Init. Retainer 2 9/18/2002 Init. Retainer 2 4/1812003 Expert's Fee 1 st Review- Dr. Michael Leitrnan 2nd Review - Dr. David Powers Dr. David Powers Review - 3.75 hfs @ $475 Total: Less Amount Paid: $1,050.00 $1,050.00 $1,781.25 $3,881.25 $2,100.00 $1,781.25 Please make FIRM check payable to: medquest, Ltd. PAYMENT DUE UPON RECEIPT THANK YOU. 116 East 30th Street · New York, NY 10016 (800) 633-625l · EIx {212) 725-5090 · medQucstLtd.com Hdv 21 03 11:1Ga medQunst Ltd jul-16-O; 04:5gP record solutions llc 800 753 4838 P.03 RETAINER AGREEMENT Elliot W. Stone. F~q.. Ch/ef[~'ecuHve O~?a:r ' . . Stc'-nJ: L ' er P ., 5'/lit'Os d ~( ' This .~reement made this 16th day of July, 20~2 b7 and bee, veen Cathenne Mahady-~s~h, ~,~q., o~CCr (he. reina&er refe=ed to ms file "Firm") and medQuest, Ltd., 116 Hast 30,~, Street, New York, NY 10016. 1. Firm agrees to retain file services of David Powers, M.D., in file fields of obstetrics and g3rnecology to render objective opinions in file matter of Sharon Ward. Firm agrees that any future matter(s) it wishes to ~efer ~o said expert will be sent through medQuest for processing (not dlrecfly to expert). ' 2. Firm agrees to reimburse medQuest, Ltd. for services and expenses as follows: $10S0.00 is the initial uon-refuncl~ble retainer for a standard review and case evaluation. Expert will re,sew material pro,tided for evaluation and communicate findings by telephone within six weeks of medQuest% receipt of retainer, records, and signed retainer agreement. If the review involves an unusual volume of records, is extremeS), complex, or requires a detailed report, additional fees may be required. $475 per hour for case services, excluding deposition and/o= in-court services. $-~26 per hour for deposition and/or in-court services. Advanced payment required for estimated sereices prior to Expert's scheduling for deposition. Expert's availability will be .confirmed upon receipt of funds. Firm will be billed for all reserved time whether or not uulizedi Written notification of cancellarlon/change must be received ~t least five (~) business days prior to s.chedoled deposit/on or Finn 'will be charged for reserved time in addition to any time spent by Expert in prepare[ion For testtmony, ' $4,200 per da3, minimum. In court tesfifi,.'ing fees ate based on an eight-hour day. Additional time wil/be billed on an hourly basis at the vats for deposition/in-court services. All de_uo~itlon and trial ~eh~,t,.linu. must be made throt~,_h medOue~ he ulin ' . First day charges are calculated from the time Expert leaves office/residence and continues until travel and/or work is concluded th,'tt day. Subsequent day(s) charges are calculated from the tune Expert begins zendedng sen-ices and continue until services are concluded or if traveling Expert axrives at office/zesidance. For mx,es involving time zone changes, local time i,~ used for points of deparmze/arrk, al. Advanced payment is required for estimated sen, ices and expenses prior to Expert's scheduling for travel. Expert's availability trill be confirmed upon receipt of funds. Written notification of cancellation/ch.-rage must be received at least five (S) business days prior to scheduled departure or Firm will be charged for reserved time in addition to any time spent by specialist in preparation for testUmony 3. All pas~ents shall be made by Firm payable to medquest, Ltd. which sh~ be: both directly and solely responsible for payment to Expert oE ail case-generzted Fees. Firm sh~ make no direct pa)maent to E.':per~ secu~-ed tkrough medQuest, Ltd. and shall forward any Expert bills directly to medQuest, Ltd. Payment in full is due upon presentation of invoice and is past due d~rry days from invoice date. Firm shall pay any attorney's fees or other costs incurred in collecting any amounts owed under this Agreement. 4. This Agreement shall be controUed by file laws of file State of New York. The parties agree to submit to the exclusive jurisdiction and venue of the Federal or State courts of the State of New York, Countg of New York, with respect to any claim or dispute arising under and in connection with this Agreement. ' WHERE?OKE, the par}i~es hereto ' FOR THE FIR-M // medQuest, Ltd. ?- O?--OZ-Date ~' 116 Ea~st 3Otb Street · New 'e%tk. NY 10016 (800) 633-6251 . Fax (212) 725-5090 · medQuesll, td.com ~ov ~1 03 ll:l~a medGuest Ltd ~i~7~5~0S~ p.8 Dr. Srcvcn E. L.~'rncr ~ Associ~r¢.~ ;'"'~,'~ -~ ...... ~ tatement Pedersen & Pedersen 214 Senate Aven.e Suite 602 Camp Hill, PA 17011 Attn: Catherine Mahady-Smith April 24, 2003 KATHLEEN HEFFLEFINGER # 107014 1 6/11/2002 Init. Retainer 2 6/11/2002 init. Retainer 3 6/11/2002 Init. Retainer 4 6/11/2002 Init. Retainer 1 7/2/2002 Expert's Fee 2 71312002 Expert's Fee 4 8/23/2002 Expert's Fee 2 9/5/2002 Expert's Fee 4 10/11/2002 Expert's Fee 3 4/24/2003 Expert's Fee 1st Review (Rush) - Christy Anderson, P,A. 2nd Review (Rush) - Dr. Jarnes Vogel 3rd Review (Rush) - Dr. Verlyn Wardngton 4th Review (Rush) - Dr. Neal Rosen Christy Anderson's review- 2.5 hrs. @ $175/hr. Dr. James Vogel's review of'~oluminous records and report- 7.82 hrs. @ $475/hr, Dr, Neal Rosen's review of vc,iuminous records- 1.5 hrs. @ $475/hr. Dr. James Voge['s review-.75 hrs. @ $475/hr. Dr. Neal Rosen's preparation of report, 1hr @ $475/hr. Dr. Vedyn Wardngton's extensive review of voluminous records and preparation of report, 2.5hfs @ $450/hr. $!,250.00 $Z,250.00 $1,250.00 $1,250.00 $637,50 $3,714.50 $712.50 $356.25 $475. O0 $1,125.00 Please make FIRM check payable to: medquest, Ltd. PAYMENT DUE UPON RECEIPT THANKYOU. 116 Ea~r .:,0d~ ~rrcc: - New 5brk. N'f 11)016 (800) 633-625! · Nov ~1 03 ll:lGa medquest Ltd Dr. Sccvcn E. Lerner & Associnres Statement Pedersen & Pedersen 214 Senate Avenue Suite 602 Camp Hill, PA 17011 A[tn: Catherine Mahady-Smith April 24, 2003 Total: Less Amount Paid: Balance Due: $11,820.75 $10,695.7S $1,125.00 Please make FIRM check payable to: medquest, Ltd. PAYMENT DUE UPON RECEIPT THANK YOU. 116 [!as~ 30d~ $~rcet · New ~brk. NY 10016 (801)) (~J.~-6-) I . Fax (212j 725-~090 · medquest{ rd.com Hov 21 03 il:iSa medquest Ltd 2127252064 p. lO SI~ZSO.O0 is ~e initial ~on-~fand~l= ~tain~r for an ~c~ired re~i~ (includ~ a on~ ~mc c~?~ifing fee o~ ~300~ and $4~0 p~r hour far ¢a4¢ setx, ice:, excluding dep. ~it3)n and/or in-cou~t screiccs. d~o~ition/i~-cot~r ~'ices, ~~ ~chedu~ m~ ~ m~c t~u~h medOtte~ Coz points of dcpam~:datcival. A~tv~nccd p~menc is rc~u~e~ {or c~m~tcd actvic¢~ and 2,. All pa?mcr:ts ~hall b~. made by t:;xm ps~yable to medquest, Ltd. ,~,!fich ~Hall bc both ~recdy a~d $olcty responsible ~or Hov 21 03 11:18a medquest Ltd 2127252084 est Dr. $~cvcn E. Lerner ~ Assoclaecs Statement Pedersen & Pedersen 214 Senate Avenue Suite 602 Camp Hiil, PA 17011 Attn: Catherine Mahady-Smith October 28, 2002 CHERYL A. MILLS # 107415 812812002 Init. Retainer 10128/2002 Expert's Fee Dr. Marlo Ammirati (NS) Dr, Mario AmmiraFs review of voluminous records, 5hrs @ $575/hr. Total: Less Amount Paid: Balance Due: $1,250.G0 $2,875.00 $¢,125.00 $1,250.00 $2,875.00 Please make FIRM check payable to: medquest, Ltd. 13-3153155 PAYMENT DUE UPON RECEIPT THANK YOU, 116 Easc 30ch Srrccr · New York. NY 10016 (800) 633-62'51 · }::tx [212) 72%5090 · med,[3, ucsrl.td.com Fl~ol'r; STLA~ .PED~R~NN medquest Ltd FRX N~. Aug. 2~. ~(~02 ~1:29P~1 p~ I%ETAINER AGR~N'F .~tc~en I.. { ,-r,,,,r, Ph.D., C~;fO/,~,~,~ Q(]; ',.r TMs Agreemcr:t midc ~is 12th day of June, 2~2 by ~d between Cather[~ Pcdcws~ & Pcdersen 01crcim&er z~ferred to aa the "Firm") and mcdQu~t, Ltd ' 10016. ., 116E~: 30 S~rec,, New York, NY I. Firm agrees to ret:tin the services o.; ~4ario Ammiratl, M,D., in the field :~f neur~ursery :o render objective $],250.00 is thc iMtial not~-reftln~ble re~in~ for a s(andard review and case cvalua~on. Ex~rt wilt review material provided for ev,duacJou and communicate fin~ing~ by telephone w:~hin six weeks of medC~e~t's receipt c~mp]ex, or rcq[drc$ a dc~Icd repo~:, a~dlt~omza~ fees may be required. $~ per ~our f~)r ca~¢ ~e~ce~, exCltldizlg d~pos/tion and/or in-cou~ services. ~xpcn s :VaLlabdtty will he conrirmed u[~n receipt of &tn&s. First wi~ be billed (5) business dttyl prior ~o schadu]ed deposktlon or Firm will be <harKed for re;c~ed time in addition To any t~2C spcn~ by Ex~ ~i preparat~m for cestmlon),. S4,600 per day minimum. In co~ Testifying fees are base~ on an eight-hour day, AddiQonal time w I be billed on hourly b~is at the t~ate for dep:~tJon/in-eou~ s~twicc$. A ' · . · · ....... ~cs ,~rc c,u.uiate,~ from (he tm~e E~r[ le~ve~ olfice/resJdeAce acd continues until travel and/er work ~s concluded that day. Sub~<uent ~y(s) C[~rges are c~cu]atc~ from The time Expe~ begir.s rendc~ng ~ervices :md continue until sem~ccs are cunclud~ or (} ~rave]ing Expe~ arrivc~ at payment Js reqtdred ~r estinlatcd ~rvlcea · = , . - ~: u~d.or pOlnL$ of depa~urc/arrivaL Advanc~.d wd] oe confirmed{ upota receipt of/un&~, Written nntifica~ion of c~ncellatio~chan~ mt~t be r~cclved at ]ea~ five sp<(ali:~t in prepnratlon ~or teatilalOlly. · .t. ~l pay~en~ shall be made by Firm payable to medquest, Ltd. which shall be both dieted)' aqd soldy rcspon~hle ~or payment to Expert of all c~c~ene~ted fees. Firm sliM! make no direct paymellc to E.xpe~s seared through medquest, Lcd. a~d shall fo~vavd any Ex~= bilh direclly to medquest, Ltd. Payment Ln M~ is due upon presenta,~on et nv ice and is p~st due tl~y days front invoice date. ffirt~ shall pay any attorney's fees or other 4. This Agreement ~h~d! be controlled by the laws of ll~e $care of Ne%- York. The panics agree to submit to the W~R~ORE~he~atxi¢s hcre~ e.XCcute ti, ls A~reenlent Stephen R. Pedersen, Esq. A~orney at Law 214 Senate Avenue, Suite 602 · Camp Hill, PA 17011 Tel: (717) 763-1170 * Fax: (717) 763-1460 September 11,2(103 Dun & Bradstreet RMS 4836 Brecksville Road P O Box 509 Rickfield, OH 44286 Re: Claim No. 224770099-FJ - LD #7 Claim No. 223227109-M3 Dear Dun & Bradstreet: This letter is to advise you and your client that we, in ail respects, dispute the debt which you claim is owing on the above-referenced matter and referenced in your August 30, 2003 correspondence. The bill for which you are trying to collect is an effort to collect monies for which services were not performed and, indeed, misrepresented with respect to the expertise and opinions of experts in certain medical malpractice cases. Furthermore, certain ones of the debt do not relate to my office at all. Accordingly, please notify your client that we intend to dispute and contest the mounts claimed. ' Furthermore, additionai amounts have been paid in excess of $8,000.00, which are mounts that my law firm and' another law firm have paid, basad upon representations that experts were found in the appropriate area of practice and had pm-screened the cases and indicated that additional time was needed to fully render an opinion. After examination and review of the flies, it became obvious that the reviews were not undertaken for which billing took place, that misleading statements were made concerning the qualifications of the expert, and the expert's exceeded.lime restraints, solely for the purpose of padding their bills. Indeed, Elliott Stone, a representative of your client, MedQuest, Ltd., has acknowledged that he has experienced these problems in the past with certain ones of the experts for wiMch the bills were submitted. Therefore, the bill for which you are seeking to collect is based upon false claims and representations, and monies which your client acquired, in excess of $8,000.00, were equally based upon false representations. SRP/cj Sincerely, ph6n R. Pedersen Licensed in PA and AZ, Former United States District Court Staff Attorney Stephen R. Pedersen, Esq. Attorney at Law 214 Senate Avenue, Suite 602 * Camp Hill, PA 17011 Tel: (717) 763-1170 · Fax: (717) 763-1460 January 30, 2004 Ronald Amato Amato and Margle, P.C. Suite 1 O0 Commerce Square 107 N. Commerce Way Bethlehem, PA 18017-8930 Re: Medquest, Ltd vs. Catherine Mahady-Smith Via Fax and U. S. Mail Dear Mr. Amato: I am in receipt ora letter and packet of materials you sent to Catherine Mahady-Smith's office asserting, on behalf of your client, MedQuest, Ltd., a clairn of $17,856..25. Over the last year, we have been in contact with MedQuest concerning this claim and have provided both verbal and written information disputing the claim. Attached hereto is my September 11, 2003 letter to Dan & Bradstreet, an entity hired on behalf of MedQuest. As you can see from this letter, MedQuest is attempting to collect for services which were not performed and for service in which misrepresentations were made with respect to experts, their opinions, and qualifications. Additionally, the calculations in your January 8, 2004 letter are incorrect. The invoices attached to your letter total $10,381.25, rather than the $17,856.2:5 which you assert. Furthermore, attac~ed to your letter, is a December 20, 2003 letter from your client, MedQuest, in which the amounts are clarified and the total amount allegedly owed, as clarified by your client is $5,781.25. Accordingly, even by the doeun~ents attached to year own letter, the amount allegedly owing is either $5,781.25, as indicated by your own client, or the total of all invoices, which is $10,381.25. Of course, as indicated in this and my attached letter, these balances are in dispute. Furthermore, the invoices attached to your letter reflect amounts paid on the Mills case, Invoice #107415 of $1,250.00; the Anees case, Invoice #107414 of $1,250.00; and in the Ward case, Invoice #107533 of $2,100.00 - for a total of $4,600.00. This $4,600.00 was paid by mine and Ms. Mahady-Smith's office as advance payments to MedQuest for which services were not performed, and for which experts were assigned who were not qualified to render opinions in the cases to which they were assigned. More specifically, in a conversation which Ms. Mahady- Smith had with Elliott Stone, a representative of your client MedQuest, Mr. Stone acknowledged Licensed in PA and AZ Former United States District Court St,df Attorney Ronald Amato Amato and Margle, P. C. January 30, 2004 Page two Re: Medquest, Ltd. Vs. Catherine Mahady-Smith that certain experts which were assigned to these cases, have had problems with "milking" the cases and the attorneys. Accordingly, please advise your client of our continued refusal to pay for services which were not rendered and our insistence that the $4, 600.00 which was overpaid be refunded. Sincerely, Stephen R. Pedersen ~' SRP/cj encl. cc: Catherine Mahady-Smith, Esq. (Fax) SHERIFF'S RETURN - CASE NO: 2004-01282 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEDQUEST LTD VS SMITH CATHERINE MAHADY ET AL REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon PEDERSEN STEPHEN ITA PEDERSEN & PEDERSEN DEFENDANT , at 1535:00 HOURS, on the 26th day of March at 214 SENATE AVENUE CAMP HILL, PA 17011 CARLEEN JENSON, OFFICE MANAGER a Sheriff or Deputy Sheriff of who being duly sworn according to SUITE 602 by handing to ADULT IN CHARGE the true and attested copy of COMPLAINT & NOTICE together with , 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 26.35 Sworn and Subscribed to before me this I ~ ~ day of ~rdthonotary So Answers: R. Thomas Kline 04/14/2004 AMATO & MARGLE ~puty Sheriff SHERIFF'S CASE NO: 2004-01282 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MEDQUEST LTD VS SMITH CATHERINE MAHADY ET AL RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according and inquiry for the within named DEFENDANT , to wit: SMITH CATHERINE MAHADY ITA PEDERSEN & PEDERESN , Sheriff or Deputy Sheriff who being to law, says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Her in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT & NOTICE to On April 14th , 2004 attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 29.25 .00 66.25 04/14/2004 AMATO & MARGLE Sworn and subscribed to before me this day of ~x,~ A.D. Prothonotary , this office was So answers: R. Thomas Kline Sheriff of in receipt of the Cumberland County The Court of Common Pleas of Cumberland County, Pennsylvania Medquest Ltd. Catherine Mahody-Smith i/t/a Pedersen & Pc~dersen SERVE: some No. 04-1282 civil ]X~ow March 25, 2004 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CL~V[BERLAND COUNTY, PA, do Douphin County to execute this Writ, this NOW, within upon at by handing lo a mid made known to Affidavit of Service ,20 ,at o'clock copy of the original So arlswers, M. served the the contents thereof. Sworn and subscribed be~bre me this __ day of ~ 2O Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax:(717)255-2889 Jack Lotwick Sheriff J. Daniel Basile Chi&Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin : MEDQUEST LTD : SMITH-MAHADY CATHERINE Sheriff's Return NO. 2730-T - -2004 OTHER COUNTY NO. 04-1282 CIVIL AND NOW:March 30, 2004 NOTICE & COMPLAINT SMITH-MA}lADY CATHERINE I/T/A PEDERSEN & PEDERSEN to CATHERINE SMITH MAHADY ATTY of the original NOTICE & COMPLAINT to him/her the contents thereof at 3115-A N FRONT ST HBG, PA 17110-0000 at 3:57PM served the within upon by personally handing 1 true attested copy(les) and making known Sworn and subscribed to before me this 1ST day of APRIL, 2004 . PROTHONOTARY So Answers, Sheriff of Daup~d~Co.unty, · I Ueputy Sheriff Pa. Sheriff's Costs: $29.25 PD 03/31/2004 RCPT NO 191321 KC COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDQUEST LTD. Plaintiff VS, No. 04-1282 CATHERINE MAHADY-SMITH and STEPHEN PEDERSEN i/t/a Pedersen & Pedersen Defendant(s) : CIVIL ACTION PLAINTIFF'S ANSWER TO DEFENDANTS' PRELIMINARY OBJECTIONS The above Plaintiff files the within response to Defendants' Preliminary Objections: 1. Admitted. 2. Admitted. 3. Denied. 4. Denied. Admitted. However, it is Plaimiff's contemion that the Defendants were working together on the matters for which the experts were retained. As an example in the Katherine Heffiinger matter the retainer agreement is with Stephen Pederson but the attorney of record for the matter Hefflinger vs. Hempfield, Lancaster Coumy court docket CI-98-04548 is Catherine Mahady- Smith. Likewise, the retainer agreemem between Pedersen & Pedersen signed by Catherine Mahady-Smith for Cheryl Mills the attorney of record in Mills vs. Sickel Dauphin County docket 372-1999-S is Catherine Mahady-Smith. Plaintiff avers that all contracts were entered i!nto by both Defendants as partners. 7. Denied. It is not required where the partners share liability. 8. Admitted. However, Plaintiffs choice of formn should be given deference. 9. Admitted that suit was filed in Cumberland County. 10. Admitted that Defendants object to the filing in Cumberland County. Denied that Defendant's have any basis for said objection. 11. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 12. Denied. Plaintiffs contention is that the Defendants were operating in concert and both entered into the contracts as a partnership. 13. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 14. Denied. Plaintiffs contention is that the Defendants were operating in concert and both entered into the contracts as a partnership. 15. Denied. Plaintiff's contention is that the Defendants were operating in concert and both entered into the contracts as a partnership. 16. Denied. Plaintiffs contention is that the Defendanl!s were operating in concert and both entered into the contracts as a partnership,. 17. Denied. Plaintiff's contention is that the Defendants were operating in concert and both entered into the contracts as a partnership. 18. Denied. Plaintiff's contention is that the Defen.dants were operating in concert and both entered into the contracts as a partnership. 19. Admitted. 20. Denied. Plaintiff's contention is that the Defendants were operating in concert and both entered into the contracts as a partnership. In regard to pleading any defense to the action it is not Plaintiff's burden to plead a defense. 21. Admitted that Defendant seeks to strike count fi, denied that Defendants' objection should be granted. 22. 23. 24. The experts provided valuable services to Defendant whether they provided an expert report or simply a case evaluation. Denied. The experts provided valuable services to Defendant whether they provided an expert report or simply a case evaluation. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. WHEREFORE, Plaintiff respectfully requests that Defendants objections be denied. AMATO AND M,~RGLE, P.C. Ronald Amato, Atty ID #32323 Michael Kennedy, Arty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be ~itte. n and sutmitted J~n duplic~te) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please ]ist thewitb_inmatterforthe next~tCool-t. CAPTION OF CASE (e-ntJ~ecaption~stbestatedin~mll) MEDQUEST LTD. ( PLain tiff ) CATHERINE MAHADY-SMITH AND STEPHEN PEDERSEN i/t/a Pedersen & Pedersen ( Defendant ) No. 04-1282 Civil 19 State .~3ttea~ to be arc3ued (i.e., plaintiff's ~tion for new trim], defendant's de~nu~w_r to cu,~l~nt, etc. ): Defendant's Preliminary Objections to Plaintiff's Complaint Identify c~pt~nsel who wJ]] argue case: (a) for p]m~ntiff: Michael J. Kennedy and/or Michael R. Lessa, ;u~,-ess: 107 North Commerce Way Bethlehem, PA 18017 Esquire (b) for defendant: Stephen R. Pedersen, Esquire A~dress: 214 Senate Ave., Suite 602 Camp Hill~ PA 17011 3. I w~]] r~tify ~]] parti~ in writing within tn~, days that this case has been lJ-~ted for argune_nt. May 27, 2004 Ar~t Co,irt Date: July 28, 2004 ~. -- ~ .Ronald Amato, Esquire ~ttorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MEDQUEST LTD. Plaintiff VS. CATHERINE MAHADY-SMITH and STEPHEN PEDERSEN i/t/a Pedersen & Pedersen Defendant(s) No. 04-1282 Civil CIVIL ACTION PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-captioned case WITH prejudice. AMATO AND MARBLE, P.C. Michael Kennedy, Arty ID #72412 Michael Lessa, Arty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (61 O) 866-0400