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Home My WebLink About08-5860IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff No ` . 40J vs. DIANE L KINGSBOROUGH Defendant 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 (41.2) 434-7955 WWR#06433074 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. Civil Action No. DIANE L KINGSBOROUGH 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. 2. Defendant is an adult individual residing at 10 CHURCH LN, CARLISLE, PA 17015. COUNT I - ACCT NO. 9346354 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, DIANE L KINGSBOROUGH, 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, DIANE L KINGSBOROUGH, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, DIANE L KINGSBOROUGH, in the amount of $2045.18 as of SEPTEMBER 19, 2008. 8. Plaintiff claims interest at the legal rate of six (6%) percent per annum from SEPTEMBER 19, 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, DIANE L KINGSBOROUGH, in the amount of $2045.18 as to Count I, with continuing interest thereon at the rate of 6% per annum from SEPTEMBER 19, 2008 and costs. COUNT II: ACCOUNT NO -7600481 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, DIANE L KINGSBOROUGH, 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, DIANE L KINGSBOROUGH, agreed to pay. 14. Plaintiff avers that there is a balance due and owing from Defendant, DIANE L KINGSBOROUGH, in the amount of $236.35 as of SEPTEMBER 19, 2008. 15. Plaintiff claims interest at the legal rate of six (6%) percent per annum from SEPTEMBER 19, 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, DIANE L KINGSBOROUGH, in the amount of $236.35 as to Count II with continuing interest thereon at the rate of 6% per annum from SEPTEMBER 19.2008 and costs. COUNT III: ACCOUNT NO -7608356 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, DIANE L KINGSBOROUGH, 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, DIANE L KINGSBOROUGH, agreed to pay. 21. Plaintiff avers that there is a balance due and owing from Defendant, DIANE L KINGSBOROUGH, in the amount of $1178.94 as of SEPTEMBER 19, 2008. 22. Plaintiff claims interest at the legal rate of six (6%) percent per annum from SEPTEMBER 19, 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, DIANE L KINGSBOROUGH, in the amount of $1178.94 as to Count III, totaling $3460.47 for Counts I, II, & III with continuing interest thereon at the rate of 6% per annum from SEPTEMBER 19. 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. zI . WILLIAM T. MKCZAN, 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#:06433074 08/22/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 • CARLISLE REGIONAL MEDICAL CTR AS OF 08/21/08 36:1 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ------------------------------------------------------------- PATIENT: KINGSBOROUGH, DIANE L F/C: D P/T: I A/C: 9346354 DSC CODE: 06 TO: KINGSBOROUGH, DIANE L ADMISSION: 08/10/06 DISCHARGE: 08/14/06 105 TOWER CIRCLE CARLISLE PA 17013 INS CD: 105/PPO AETNA-OPEN CHOICE GROUP 724710013004 POL ID: W12113000 D E P A R T M E N T A M O U N T 2,380.00 20,934.37 2,176.02 3,828.81 4,404.56 6,418.53 3,096.71 1,119.81 5,780.36 737.70 318.10 3,779.15 CONTINUED... SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= * CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD EXHIBIT 1 08/22/08 PAGE 002 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 08/21/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ------------------------------------------------------- PATIENT: KINGSBOROUGH, DIANE L F/C: D P/T: I A/C: 9346354 DSC CODE: 06 TO: KINGSBOROUGH, DIANE L ADMISSION: 08/10/06 DISCHARGE: 08/14/06 105 TOWER CIRCLE CARLISLE PA 17013 INS CD: 105/PPO AETNA-OPEN CHOICE GROUP 724710013004 POL ID: W12113000 D E P A R T M E N T A M O U N T 1,670.08 250.56 9,856.82- 47,037.94- --------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= * CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 08/22/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 08/21/08 36-L ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 -------------------------------------------------- PATIENT: KINGSBOROUGH, DIANE L F/C: D P/T: 0 A/C: 7600481 DSC CODE: 01 r,0: KINGSBOROUGH, DIANE L ADMISSION: 06/04/06 DISCHARGE: 06/05/06 ._05 TOWER CIRCLE CARLISLE PA 1701.3 INS CD: 105/PPO AETNA-OPEN CHOICE GROUP 72471013004 POL ID: W12113000 D E P A R T M E N T A M O U N T 423.26 2.21 204.68 165.93- 464.22- ---------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 08/22/080 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 08/21/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- -------- ------------------------------------------------------------------ PATIENT: KINGSBOROUGH, DIANE L TO: KINGSBOROUGH, DIANE L 105 TOWER CIRCLE CARLISLE INS CD: 105/PPO AETNA-OPEN CHOICE D E P A R T M E N T F/C: D P/T: I A/C: 7608356 DSC ADMISSION: 07/29/06 DISCHARGE: PA 17013 GROUP 724710013004 POL ID: A M O U N 1,190.00 7,432.09 288.06 622.81 2,984.70 1,286.81 .378.18 352.82 113.13 3,121.06- 11,527.54- CODE: 01 07/31/06 W12113000 T ----------------------------------------------------------------------------- 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 unworn falsifications to authorities, that she is GAIL WOOD (Name) DIRECTOR of Customer Care of INTERNATIONAL PORTFOLIO INC., plaintiff (Title) (Company) herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. (Signature) W WR# D p ?J ? /v ae ? 1 ? ? C'? .r t ,. ? ? ? ?' c ?-1 t ? ? rrt ? ? ? '. "s s ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05860 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTERNATIONAL PORTFOLIO INC VS KINGSBOROUGH DIANE 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 KINGSBOROUGH DIANE L the DEFENDANT , at 1839:00 HOURS, on the 7th day of October , 2008 at 10 CHURCH LN CARLISLE, PA 17015 DIANE L KINGSBOROUGH 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 7.00 Affidavit .00 Surcharge 10.00 l0?/3?08 00 3 Sworn and Subscibed to before me this day of 11 So Answers: as: R. Thomas Kline 10/08/2008 WELTMAN WEINBERG REIS By. rz_- Deputy Sheriff A. D. AV "ft INTERNATIONAL PORTFOLIO, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW 08-5860 CIVIL TERM DIANE L. KINGSBOROUGH, Defendant PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Diane L. Kingsborough, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT V'Au- Dou'Vas G iller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: October 14, 2008 y +? CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: WILLIAM T. MOLCZAN, ESQUIRE WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Date: October 14, 2008 IRWIN & McKNIGHT ,L A j& Douglas Of. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 0 0 '. +? l 1 r` INTERNATIONAL PORTFOLIO, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW 08 - 5860 CIVIL TERM DIANE L. KINGSBOROUGH, Defendant NOTICE YOU ARE HEREBY NOTIFIED that you must responsively plead to the within Defendant's New Matter, pursuant to Pa. R.C.P. 1026 within twenty (20) days after service, or a default judgment may be entered against you. IRWIN & McKNIGHT By: ` Douglas . Miller, Esquire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Date: December 15, 2008 Attorney for Defendant, Diane L. Kingsborough INTERNATIONAL PORTFOLIO, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW 08 - 5860 CIVIL TERM DIANE L. KINGSBOROUGH, Defendant ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW this 15'h day of December, 2008, comes the Defendant by and through her attorneys, Irwin & McKnight, and respectfully files this Answer with New Matter to the Plaintiff s Complaint, and in support thereof aver as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) so they are therefore specifically denied and strict proof thereof is demanded at trial. 2. The averments of fact contained in paragraph two (2) of the Plaintiffs Complaint are admitted. COUNTI 3. The averments contained in paragraph three (3) are admitted in part and denied in part. It is admitted that Defendant obtained certain medical services at the Carlisle Regional Medical Center, but the remaining averments in paragraph three (3), including any inference that Carlisle Regional Medical Center was not paid by the Defendant's health insurer and any inference that the balance amount claimed is owed, are specifically denied and strict proof thereof is demanded at trial. 4. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph four (4) so they are therefore specifically denied and strict proof thereof is demanded at trial. 5. The averments contained in paragraph five (5) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 6. The averments contained in paragraph six (6) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 8. The averments contained in paragraph eight (8) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 9. The averments contained in paragraph nine (9) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant in fact has paid additional monies toward the alleged balance through monthly payments either to Plaintiff or its predecessor in interest. 2 WHEREFORE, the Defendant, Diane L. Kingsborough, respectfully requests this Honorable Court to enter a judgment in her favor and against Plaintiff in this matter, together with reasonable costs, and such other and further relief as this Court deems just. COUNT II 10. The averments contained in paragraph ten (10) are admitted in part and denied in part. It is admitted that Defendant obtained certain medical services at the Carlisle Regional Medical Center, but the remaining averments in paragraph ten (10), including any inference that Carlisle Regional Medical Center was not paid by the Defendant's health insurer and any inference that the balance amount claimed is owed, are specifically denied and strict proof thereof is demanded at trial. 11. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eleven (11) so they are therefore specifically denied and strict proof thereof is demanded at trial. 12. The averments contained in paragraph twelve (12) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 13. The averments contained in paragraph thirteen (13) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 3 14. The averments contained in paragraph fourteen (14) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 15. The averments contained in paragraph fifteen (15) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 16. The averments contained in paragraph sixteen (16) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant in fact has paid additional monies toward the alleged balance through monthly payments either to Plaintiff or its predecessor in interest. WHEREFORE, the Defendant, Diane L. Kingsborough, respectfully requests this Honorable Court to enter a judgment in her favor and against Plaintiff in this matter, together with reasonable costs, and such other and further relief as this Court deems just. NEW MATTER 17. The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Plaintiff's Complaint. 4 18. At all relevant times hereto, Defendant was covered by a medical and health insurance policy provided through her employment. 19. In particular, Defendant was insured through Aetna Insurance by virtue of her prior employment with Ross Stores, Inc. 20. Upon information and belief, Defendant did not receive any explanation of benefit forms indicating that she was responsible for any portion of payment for medical services she received at the Carlisle Regional Medical Center. 21. Also upon information and belief, the Carlisle Regional Medical Center received payment from Aetna Insurance for the above-referenced medical services in full satisfaction of the cost of those services, except for co-pays previously paid by Defendant. 22. Notwithstanding the information provided above, Defendant did make monthly payments in the amount of $100.00 toward the alleged outstanding obligation through automatic withdrawals from her account. 23. On or about February 2008, Defendant attempted to reduce the monthly payments to $25.00, which offer was rejected by Plaintiff or its predecessor in interest. 24. Defendant was unable to continue to make payments of $100.00 per month, and she believes that her insurance coverage already reimbursed the Carlisle Regional Medical Center for the full cost of its reasonable and necessary services. 5 25. Plaintiffs Complaint therefore fails to state claims or causes of action upon which relief can be granted. 26. All or a portion of Plaintiffs claims may therefore be barred by the defense of laches. 27. All or a portion of Plaintiffs claimed damages may therefore be attributable to persons and/or causes other than Defendant. 28. Plaintiffs claims may also be barred and/or limited by Plaintiffs failure to mitigate or to properly mitigate its damages. WHEREFORE, the Defendant, Diane L. Kingsborough, respectfully requests this Honorable Court to enter a judgment in her favor and against Plaintiff in this matter, together with reasonable costs, and such other and further relief as this Court deems just. Respectfully Submitted, IRWIN & McKNIGHT -:ZAV - /?J .- A. By: WZ) - , ougla G. Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: December 15, 2008 Attorney for Defendant 6 . a VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DIANE L. N SB G Date: 12/12/08 h CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: WILLIAM T. MOLCZAN, ESQUIRE WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Date: December 15, 2008 IRWIN & McKNIGHT V V , , ?, A? Douglas . Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant (° C -Al \1 xn= '? ?y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL, PORTFOLIO INC. Plaintiff VS. No. 08-5860 REPLY TO NEW MATTER DIANE L KINGSBOROUGH Defendant COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire PA I.D.#34507 Weltman, Weinberg & Reis Co., L.P.A. 1.400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 6433074 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO, INC. Plaintiff No. 08-5860 vs. DIANE L KINGSBOROUGH Defendant REPLY TO NEW MATTER AND NOW COMES, Plaintiff, by and through its Counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Reply to Defendant's New Matter in the above-referenced matter. In support thereof, Plaintiff avers as follows: 1. Paragraph Seventeen (17) no answer is required when there is an "incorporation" paragraph. 2. Paragraph Eighteen (18) of Defendant's New Matter requires no Reply on part of Plaintiff. 3. Paragraph Nineteen (19) of Defendant's New Matter requires no Reply on part of Plaintiff. 4. Paragraph Twenty (20) of Defendant's New Matter is Denied. 5. Paragraph Twenty-One (21) of Defendant's New Matter is a Conclusion of Law to which no Reply is required, to the extent a Reply is required the averments of Paragraph 21 are Denied. 6. Paragraph Twenty-Two (22) of :Defendant's New Matter is a Conclusion of Law to which no Reply is required, to the extent a Reply is required the averments of Paragraph 22 are Denied 7. Paragraph Twenty-Three (23) of Defendant's New Matter requires no Reply on part of Plaintiff. 8. Paragraph Twenty-Four (24) of Defendant's New Matter does not require a Reply by Plaintiff, to the extent a Reply is required averments of Paragraph 24 are Denied. 9. Paragraph Twenty-Five (25) of Defendant's New Matter is a Conclusion of Law to which no Reply is required, averments of Paragraph 25 are denied. 10. Paragraph Twenty-Six (26) of Defendant's New Matter is a Conclusion of Law to which no Reply is required, averments of Paragraph 26 are denied. 1.1. Paragraph Twenty-Seven (27) of Defendant's New Matter is a Conclusion of Law to which no Reply is required, averments of Paragraph 27 are denied. 12. Paragraph Twenty-Eight (28) of Defendant's New Matter is a conclusion of Law to which no Reply is required, averments of Paragraph 28 are denied. WHEREFORE, Plaintiff respectfully demands that Judgment be entered in its favor and against Defendant for the full amount claimed in Plaintiff's Complaint Respectfully Submitted: WELTMAN, WEINBERG & REIS CO., . L.P.A By: I`4.tz4A_ lloosvem WoO4tee-.-- Patrick Thomas Woodman, Esquire PA I.D.#34507 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 6433074 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to him by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction. of the court and the Plaintiff s Verification cannot be obtained within the time allowed for filing this pleading, and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information, and belief. _?42" /lam 6bWh 4t---- Attorney for Plaintiff CERTIFICATE OF SERVICE A true and correct copy of the within Reply to New Matter has been served by U.S. Mail, postage pre-paid, on A 3ay o' , 2009 upon the following: Douglas G. Miller, Esquire IRWIN & MCKNIGHT West Promfret Professional Building 60 West Promfret Street Carlisle, PA 17013 BY: f (4)OO&W-'O --- Patrick Thomas Woodman, Esquire r'? ? . ? &? . - .. -^,? ? . ' S ?> ? ? •; ?t _? ? ? ..-.? i4?1 .? ? ...?., _ . -?'' F i. _-„ ?:`i • • "?" ra? ? t . T _; ?011C~'~ -l AM!!~ 5~~ IN THE COURT OF COMMON `PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff vs. DIANE L KINGSBOROUGH Defendant(s) No. 08-5860 CNIL PRAECIP)/ TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF. THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#6433074 TIC .!- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION INTERNATIONAL PORTFOLIO INC Plaintiff vs. Civil Action No. 08-5860 CIVIL DIANE L KINGSBOROUGH Defendant(s) PRAECIl'E TO SETTLE, DISCONTINUE 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: Benjamin ler, squire PA LD. #93 8 WELT ~ , WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 SWORN TO AND SUBSCRIBED before me this aZ3~`'~ day of _ 7"o t'~t , 2010 NOTARY PUBLIC COMMONWEALTH OF PE,~ NNSyLVANIA ~it;~r!,'RI '3ee1 Sheis:~ a ~~;~,, Nntary Public Rp w, xslk.a~~~ny C,aunry My Chr ~ ~.:t x area NOV. 15, 2010 Member. PenriywiaAnla A9seetelien Hf N9taries