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HomeMy WebLinkAbout08-5866 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. t , Plaintiff No. og- 26 4601 vs. MARGARET L DUFF 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 (412) 434-7955 WWR#06431630 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. Civil Action No. MARGARET L DUFF 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 135 ELM STREET, CARLISLE, PA 17013. COUNT I - ACCT NO. 7424113 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1477.75 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, MARGARET L DUFF, in the amount of $1477.75 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 -7428494 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 14. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1448.05 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, MARGARET L DUFF, in the amount of $1448.05 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 -7436828 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 21. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1448.05 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, MARGARET L DUFF, in the amount of $1448.05 as to Count 111, totaling $4373.85 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. WILLIAM T. MOLC?KN, 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#:06431630 06/13/04 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR AS OF 08/16/07 351 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- --------- ------------------------------------------------------------------ PATIENT: DUFF, MARGARET L F/C: B P/T: 0 A/C: 7424113 DSC CODE: 01 TO: DUFF, MARGARET L ADMISSION: 09/17/04 DISCHARGE: 09/17/04 135 ELM STREET CARLISLE PA 17013 INS CD: 200/BS1 PBSHM 378 PPO GROUP 2865501 POL ID: ZAR199484 D E P A R T M E N T A M O U N T 1,427.15 50.60 1,477.75- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD EXHIBIT 06/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR AS OF 08/16/07 -61 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- -------- ------------------------------------------------------------------ PATIENT: DUFF, MARGARET L F/C: B P/T: 0 A/C: 7428494 DSC CODE: 01 TO: DUFF, MARGARET L ADMISSION: 10/01/04 DISCHARGE: 10/01/04 135 ELM STREET CARLISLE PA 17013 INS CD: 200/BS1 PBSHM 378 PPO GROUP 2865501 POL ID: ZAR199484 D E P A R T M E N T A M O U N T 1,397.45 50.60 1,448.05- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 06/13/08. PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 06/12/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 .--- -------- ------------------------------------------------------------------ PATIENT: DUFF, MARGARET L F/C: B P/T: 0 A/C: 7436828 DSC CODE: 01 TO: DUFF, MARGARET L ADMISSION: 10/29/04 DISCHARGE: 10/29/04 135 ELM STREET CARLISLE PA 17013 D E P A R T M E N T A M O U N T 1,397.45 50.60 1,448.05- ----------------------------------------------------------------------------- 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. 26 Wato? (Signature) WWR# 0 V n ? "..?? \? C ? .; ? ? ? ?.-?, ? ? : ?? ;?? °? c ? .f ;-?", ? , _- ?J p f'? N { S: `. ? _. 1(J p„ \1 ..?e` p :.? SHERIFF'S RETURN - NOT FOUND 'CASE NO: 2008-05866 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INTERNATIONAL PORTFOLIO INC VS DUFF MARGARET L R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT DUFF MARGARET L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , DUFF MARGARET L 135 ELM STREET NOT FOUND , as to CARLISLE, PA 17013 NEIGHBOR AT 133 SAID THAT DEFENDANT LIVES IN PHILADELPHIA MOST OF THE TIME AND IS RARELY AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge Il/IY?bP ?^" So answers: 18.00 20.00 5.00 R. Thom s Kline 10.00 Sheriff of Cumberland County WELTMAN WEINBERG REIS 10/29/2008 Sworn and Subscribed to before me this day of A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff vs. MARGARET L DUFF Defendant No. 08-5866 CIVIL PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I. D. #42524 WELTMAN, WEINBERG & REIS, CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6431630 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff vs. Civil Action No. 08-5866 CIVIL MARGARET L DUFF Defendant PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James C. mbrodt, Esq ire PA I.D. #4 WELTMA EINBERG & REIS CO., L.P.A. 2718 Ko a Building 436 Sev n Avenue Pittsbu g , PA 15219 (412) -7955 WWR #6431630 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff VS. MARGARET L DUFF Defendant No. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06431630 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. Civil Action No. MARGARET L DUFF 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 135 ELM STREET, CARLISLE, PA 17013. COUNT I - ACCT NO. 7424113 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1477.75 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, MARGARET L DUFF, in the amount of $1477.75 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 -7428494 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 14. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1448.05 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, MARGARET L DUFF, in the amount of $1448.05 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 -7436828 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 21. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1448.05 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, MARGARET L DUFF, in the amount of $1448.05 as to Count III, totaling $4373.85 for Counts I, 11, & 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. ?jy'z' WILLIAM T. MOLC7KN, 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#:06431630 06/13/09 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR AS OF 08/16/07 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: DUFF, MARGARET L F/C: B P/T: 0 A/C: 7424113 DSC CODE: 01 TO: DUFF, MARGARET L ADMISSION: 09/17/04 DISCHARGE: 09/17/04 135 ELM STREET CARLISLE PA 17013 INS CD: 200/BS1 PBSHM 378 PPO GROUP 2865501 POL ID: ZAR199484 D E P A R T M E N T A M O U N T 1,427.15 50.60 1,477.75- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD EXIiIBIT 1 06/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR AS OF 08/16/07 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: DUFF, MARGARET L F/C: B P/T: 0 A/C: 7428494 DSC CODE: 01 TO: DUFF, MARGARET L ADMISSION: 10/01/04 DISCHARGE: 10/01/04 135 ELM STREET CARLISLE PA 17013 INS CD: 200/BS1 PBSHM 378 PPO GROUP 2865501 POL ID: ZAR199484 D E P A R T M E N T A M O U N T 1,397.45 50.60 1,448.05- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 06/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 06/12/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: DUFF, MARGARET L F/C: B P/T: 0 A/C: 7436828 DSC CODE: 01 TO: DUFF, MARGARET L ADMISSION: 10/29/04 DISCHARGE: 10/29/04 135 ELM STREET CARLISLE PA 17013 D E P A R T M E N T A M O U N T 1,397.45 50.60 1,448.05- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn 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. 2?Z Zdaca/ (Signature) W WR## w ?. OF THE ; 'I.-T. TY 2[ 99 APR 2 0 Ph a= 19 CU IV $10.00 PD AT" .t CAC- aa3gq$ Sheriffs Office of Cumberland County R Thomas Kline qtr 0' ???alibrpt +3 Edward LSchorop Sheriff Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/30/2009 11:59 AM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Margaret L. Duff, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Margaret L. Duff. The neighbor at 133 Elm Street Carlisle, Cumberland County, Pennsylvania 17013 states the defendant Margaret L. Duff has not lived at 135 Elm Street Carlisle, Cumberland County, Pennsylvania 17013 for over 5 years. She lives with her parents in Philadelphia, Pennsylvania. The neighbor stated Margaret L. Duff does receive mail at this location. A possible address for the defendant is 237 Forrest Drive Chalfont, Pennsylvania 18914,her number is (215) 822-2582 Information was given to the deputies from the neighbor. SHERIFF COST: $37.50 May 01, 2009 SO ANSWERS, r R THOMAS KLINE, SHERIFF 2008-5866 International Portfolio Inc. VS Margaret L. Duff ° ?t n t . , ch f _3 .i.. V/ flr T1,? 1FF11AQY N F 20161 FEB 18 Fa J G ti VTV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff vs. MARGARET L DUFF Defendant(s) No. 08-5866 CIVIL PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA ID #42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Buidling 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#6431630 TSW fly. 10&) uv Aj X41- n b/ / IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff vs. Civil Action No. 08-5866 CIVIL MARGARET L DUFF Defendant(s) PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By. ?- James C. War r dt, Esquire PA ID #42524 WELTMAN, BERG & REIS CO., L.P.A. 1400 Koppe sidling 436 Sevent venue Pittsburgh A 15219 (412) 434-7955 WWR #6431630 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. MARGARET L DUFF Defendant No. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06431630 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff VS. Civil Action No. MARGARET L DUFF 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 Plaintiff is a corporation with offices at 2171 NW 139 TERR, PEMBROKE PINES, FL 33028. 2. Defendant is an adult individual residing at 135 ELM STREET, CARLISLE, PA 17013. COUNT I - ACCT NO. 7424113 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1477.75 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, MARGARET L DUFF, in the amount of $1477.75 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 -7428494 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 14. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1448.05 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, MARGARET L DUFF, in the amount of $1448.05 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 -7436828 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 21. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1448.05 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, MARGARET L DUFF, in the amount of $1448.05 as to Count III, totaling $4373.85 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. ?jzz' WILLIAM T. MOLC7AN, 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#:06431630 06/13/.0 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR AS OF 08/16/07 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ----------------------------------- PATIENT: DUFF, MARGARET L F/C: B P/T: O A/C: 7424113 DSC CODE: 01 TO: DUFF, MARGARET L ADMISSION: 09/17/04 DISCHARGE: 09/17/04 135 ELM STREET CARLISLE PA 17013 INS CD: 200/BS1 PBSHM 378 PPO GROUP 2865501 A MPOLUID: ZAR199484 D E P A R T M E N T 1,427.15 50.60 1,477.75- --------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD E, I BIT 06/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR PA 17015 AS OF 08/16/07 PHONE (717) 960-1680 361 ALEXANDER SPRING RD CARLISLE ---------- PATIENT: ---------------------------- DUFF, MARGARET L F/C: B -- P/T: 0 A/C: 10/01/04 N 7428494 DSC CODE: 01 DISCHARGE: 10/01/04 TO: DUFF MARGARET L ADMISSI : O , 135 ELM STREET CARLISLE 378 PPO PA 17013 GROUP 2865501 ID: ZAR199484 L P INS CD: 2 00/BS1 PBSHM U O A M D E P A R T M E N T 1,397.45 50.60 1,448.05- --------------------- ------------------------ TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 858 06/13/.08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES AS OF 06/12/08 CARLISLE REGIONAL MEDICAL CTR 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 --------------------------------- PATIENT: DUFF, MARGARET L F /C: B P/T: O A/C: 7436828 DSC CODE: 01 TO: DUFF, MARGARET L ADMISSION: 10/29/04 DISCHARGE: 10/29/04 135 ELM STREET CARLISLE PA 17013 D E P A R T M E N T A M O U N T 1,397.45 50.60 1,448.05- ----------------------------------------TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4944 relating to unsworn 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 WR4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?ati??ttr of Clmorrf4jfb OMCE CP ThE c- ERIFF FlCEd-?-,ri-?C!: Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2019K'r71' ? i,?? L.? International Portfolio Inc. vs. Margaret L. Duff Case Number 2008-5866 SHERIFF'S RETURN OF SERVICE 03105/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Margaret L. Duff, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Bucks County, PA to serve the within Complaint and Notice according to law. 03/12/2010 Bucks County Return: And now March 12, 2010 at 1120 hours I, Edward J. Donnelly, Sheriff of Bucks County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Margaret L. Duff by making known unto Stewart Duff, Father of defendant at 237 Forrest Drive, Chalfont, PA 18914 its contents and at the same time handing tc him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, March 22, 2010 RON R ANDERSON, SHERIFF (c) CountySuite Shenff Teleosott Inc -4, Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant 7010 1U' 12 AI" 10: u': Cii!iviT International Portfolio, Inc., : IN THE COURT OF COMMON PLEAS V. Margaret L. Duff, Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5866 Defendant : CIVIL ACTION - LAW NOTICE TO PLEAD TO: International Portfolio, Inc., Plaintiff c/o Matthew Urban, Esquire, Attorney for Plaintiff WELTMAN, WEINBERG & REIS CO., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburg, PA 15219 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a Judgment may be entered against you. Date: "/ /212010 ark W. Allshouse, Es ire Attorney ID 4 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant International Portfolio, Inc., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-5866 Margaret L. Duff, Defendant CIVIL ACTION -LAW DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Margaret L. Duff, by and through her attorney, Mark W. Allshouse, Esquire and respectfully files the following Answer with New Matter to Plaintiff's Complaint and in support thereof avers as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. By way of further response, those services were provided in 2004. Count I - Acct No. 7424113 4. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 4 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 5. Admitted. 6. Admitted. 7. Denied as stated. While Defendant did accept and receive services from Plaintiff's assignor, those services were provided in 2004. By way of further response, after reasonable investigation, Defendant is unaware of the exact amount actually claimed by Plaintiff. 8. Denied. To the contrary, Plaintiff has provided no legal basis entitling it to interest in any amount. By way of further response, after reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 8 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 9. Denied as stated. To the contrary, Defendant has been attempting to arrange payment for the services through her Blue Cross and Blue Shield insurance company, to which the claim has been re-submitted and is currently in process. WHEREFORE, Plaintiff respectfully requests Plaintiff's cause of action be dismissed. Count II - Acct No. 7428494 10. Admitted. 11. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 11 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 12. Admitted. 13. Admitted. 14. Denied as stated. While Defendant did accept and receive services from Plaintiff's assignor, those services were provided in 2004. By way of further response, after reasonable investigation, Defendant is unaware of the exact amount actually claimed by Plaintiff. 15. Denied. To the contrary, Plaintiff has provided no legal basis entitling it to interest in any amount. By way of further response, after reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 8 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 2 16. Denied as stated. To the contrary, Defendant has been attempting to arrange payment for the services through her Blue Cross and Blue Shield insurance company, to which the claim has been re-submitted and is currently in process. WHEREFORE, Plaintiff respectfully requests Plaintiff's cause of action be dismissed. Count III - Acct No. 7436828 17. Admitted. 18. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 18 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 19. Admitted. 20. Admitted. 21. Denied as stated. While Defendant did accept and receive services from Plaintiff's assignor, those services were provided in 2004. By way of further response, after reasonable investigation, Defendant is unaware of the exact amount actually claimed by Plaintiff. 22. Denied. To the contrary, Plaintiff has provided no legal basis entitling it to interest in any amount. By way of further response, after reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 22 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 23. Denied as stated. To the contrary, Defendant has been attempting to arrange payment for the services through her Blue Cross and Blue Shield insurance company, to which the claim has been re-submitted and is currently in process. WHEREFORE, Plaintiff respectfully requests Plaintiff's cause of action be dismissed. NEW MATTER 24. Paragraphs 1 through 23 are hereby incorporated by reference as if set forth at length. 25. Plaintiff's action is barred by the Statute of Limitations. 26. In December of 2008 Defendant was called by Blue Cross and Blue Shield and advised that there was a coverage problem with regard to coverage of the services alleged in Plaintiff s Complaint because of a change in insurance group provider status of Carlisle Regional Medical Center. 27. Defendant was thereafter requested to re-submit for coverage as the initial claim for coverage. 28. Defendant then assured that the initial claim for coverage was timely made, which assurances were confirmed by both Blue Cross and Blue Shield and Carlisle Regional Medical Center. 29. The services for which Defendant requested occurred in 2004 when Carlisle Regional Center accepted Blue Cross and Blue Shield payments. 30. Blue Cross and Blue Shield has since contacted Carlisle Regional Medical Center approximately over sixty (60) days ago and requested a claim form to be submitted by Carlisle Regional Medical Center for payment. 31. Defendant in the instant matter is unaware of Plaintiff's entitlement to receive the money originally owed to Carlisle Regional Medical Center. 32. Defendant believes that Blue Cross and Blue Shield will make payment to Carlisle Regional Medical Center and that such payment must thereafter be assigned to Plaintiff. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Complaint. Date: g1)42.01b Respectfully submitted, M k W. Allshouse, E ui A orney ID # 78014 4T3 Spring Road Sherman Dale, PA 1.7090 (717) 582-4006 Attorney for Defendant VERIFICATION I, Margaret L. Duff, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief under penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 7/1,? ?? Z&$? l Margaret Duff Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant International Portfolio, Inc., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-5866 Margaret L. Duff, Defendant CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Matthew Urban, Esquire WELTMAN, WEINBERG & REIS CO., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburg, PA 15219 Date: 7 /ZPO/ d w Xark W. Allshouse, Esqu* Attorney ID # 78014 / 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendant 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO, INC. Plaintiff, VS. MARGARET L. DUFF, Defendant. No. 08-5866 TYPE OF PLEADING: PLAINTIFF'S REPLY TO NEW MATTER FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D.# 42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 6431635 _ ?ro ? Y.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO, INC. Plaintiff, No. 08-586608-5866 vs. MARGARET L. DUFF, Defendant. PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, by and through its counsel, James C. Warmbrodt, Esquire and Weltman, Weinberg & Reis Co., L.P.A., and files the following Reply to New Matter: 24. Paragraph 24 of Defendant's New Matter contains no averments to which a response is required. To the extent that a response may be required, Paragraphs 1 through 23 of the Complaint are hereby incorporated by reference as if fully set forth. 25. The averments contained in Paragraph 25 of Defendant's New Matter constitute conclusions of law to which no further response is required. 26. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief regarding the truth or falsity of Defendants' averments as the matters alleged are within the exclusive knowledge of parties other than this Plaintiff, and strict proof thereof is demanded at the time of trial. 27. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief regarding the truth or falsity of Defendant's averments as the matters alleged are within the exclusive knowledge of parties other than this Plaintiff, and strict proof thereof is demanded at the time of trial. 28. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief regarding the truth or falsity of Defendant's averments as the matters alleged are within the exclusive knowledge of parties other than this Plaintiff, and strict proof thereof is demanded at the time of trial. 29. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief regarding the truth or falsity of Defendants' averments as the matters alleged are within the exclusive knowledge of parties other than this Plaintiff, and strict proof thereof is demanded at the time of trial. 30. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief regarding the truth or falsity of Defendants' averments as the matters alleged are within the exclusive knowledge of parties other than this Plaintiff, and strict proof thereof is demanded at the time of trial. 31. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief regarding the truth or falsity of Defendants' averments as the matters alleged are within the exclusive knowledge of parties other than this Plaintiff, and strict proof thereof is demanded at the time of trial. 32. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief regarding the truth or falsity of Defendants' averments as the matters alleged are within the exclusive knowledge of parties other than this Plaintiff, and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in the amounts demanded in its Complaint. Respectfully Submitted: WELTMAN, WEINBERG & REIS, CO., L.P.A. _ By: James C. W PA I.D.# 42 1400 Koppe 436 Seventh Esquire PittsburghA 15219 (412)4345 WWR # 613 635 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa. C.S. 14904 relating to unsworn falsification to authorities, that he is an attorney for the Plaintiff herein and makes this Verification based upon the facts as supplied to his by the Plaintiff because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading; and that the facts and circumstances set forth in this pleading, are true and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE I certify that I served a true and correct copy of Plaintiff's Reply to New Matter by First Class Mail, Postage Pre-Paid, on the day of , 2010, upon the following: Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 By: Jarr. r Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant FILED-OFFICE OF THE PROTHONOTARY 2010 NOY 15 PH 2: 20 CUi'l8ERLAN'D C 0 U rTY PENNSYLVANIA International Portfolio, Inc., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-5866 Margaret L. Duff, Defendant CIVIL ACTION -LAW PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT, MARGARET L. DUFF AND NOW comes Mark W. Allshouse, counsel of record for the above-referenced Defendant, Margaret L. Duff and files this Petition for Leave to Withdraw ("Petition") as legal counsel for Defendant pursuant to Pennsylvania Rule of Civil Procedure 1012 and Pennsylvania Rule of Professional Conduct Rule 1.16(b) and in support thereof avers as follows: 1. Pennsylvania Rule of Professional Conduct 1.16(b) provides in pertinent part: "A lawyer may withdraw from representing a client, if...: (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given a reasonable warning that the lawyer will withdraw unless the obligation is fulfilled, (6) representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client, (7) other good cause for withdrawal exists." 2. On or about September 21, 2010 counsel for Plaintiff forwarded by first class mail Plaintiff's Request for Admissions and Production of Documents for response by Defendant, which documentation was immediately mailed via first class with correspondence to Defendant by the undersigned counsel dated September 24, 2010. A true and correct copy is attached hereto and made a part hereof marked as Exhibit "A". Responses to Plaintiff's discovery requests were due October 24, 2010. 4. Thereafter, on October 13, 2010, the undersigned counsel provided a reminder to Defendant that the responses to Plaintiff's discovery requests were to be returned by October 18, 2010 to allow adequate time for formatting, preparation and to return the documents to counsel for Plaintiff. A true and correct copy of that correspondence is attached hereto and made a part hereof marked as Exhibit "B". 5. Thereafter, on October 19, 2010 the undersigned counsel contacted Defendant through email advising her that the answers to the discovery were due at the end of the week, being five days from the date of the email and further advised Defendant that counsel for Plaintiff would have the ability to file a Motion to Compel those answers if they were not produced. 6. The undersigned further notified that if Defendant continued to refuse to contact me or to provide the responses to the discovery, I could not continue to act as counsel. A true and correct copy of that email is attached hereto and made a part hereof marked as Exhibit "C". 7. Thereafter on October 21, 2010, having still received no contact by written correspondence, email, fax or telephone from Defendant, the undersigned contacted opposing counsel, Benjamin R. Bibler, Esquire and requested an extension of time in which to provide answers to Plaintiff s discovery. A true and correct copy of that correspondence is attached hereto and made a part hereof marked as Exhibit "D". 8. Mr. Bibler consented and provided an extension of time until November 12, 2010. 9. The undersigned notified Defendant by telephone that an extension had been granted, but that he needed to be contacted by her as soon as possible and to have the answers provided prior to the November 12, 2010 deadline. .ti ' V. 10. On November 3, 2010, still having received no contact from Defendant, the undersigned attempted to contact Defendant by telephone, email and mailed correspondence advising that this was an urgent contact and that the answers to discovery were due immediately. 11. The undersigned further advised Defendant that if Defendant continued to fail to cooperate and/or contact the undersigned that the undersigned would be seeking the Court's approval to withdraw as her legal representative. A true and correct copy of the November 3, 2010 correspondence and email are jointly attached hereto and made a part hereof marked as Exhibit "E". 12. As of the date of this Petition, the undersigned has still received no contact or response from Defendant. 13. The undersigned by three separate contacts with clear notice of intent to withdraw as counsel if Defendant continued to not cooperate and hamper the undersigned's ability to provide reasonable legal services or continued to make representation of Defendant's unreasonably difficult. 14. As a result of Defendant's failure to provide any explanation or even contact the undersigned, the undersigned counsel is unable to reasonably represent Defendant or her interests and, therefore, requests this Honorable Court to enter and Order granting counsel's Petition for Leave to Withdraw in the above-captioned matter. 15. It is not believed that Defendant will suffer any undue prejudice as a result of the undersigned's withdrawal as the litigation is currently in the discovery stage. 16. The undersigned's withdrawal also does not prejudice the interests of Plaintiff in proceeding with its claim. 17. The whereabouts of Defendant are believed to be known at the following address: Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 18. The undersigned has contacted opposing counsel who concurs with the filing of this Motion. WHEREFORE, Mark W. Allshouse, Esquire, respectfully requests this Honorable Court to enter the attached Order granting counsel's Petition for Leave to Withdraw as Counsel for Defendant, Margaret L. Duff in the above-captioned matter. Respectfully submitted, Date: 11{Z? 2010 k W. Allshou ,Esquire orney ID # 780 4 4 33 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant Exhibit ""A" .1? ?t hfark`W. RlLskause, 4833 Spring Road Shermans Dale, PA 17090 September 24, 2010 Ms. Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 RE: International Portfolio, Inc. v. Duff No. 08-5866 Civil Medical Service Collection Dear Ms. Duff: Enclosed please find a copy of correspondence I received from Weltman, Weinberg & Reis, counsel for International Portfolio regarding your outstanding medical bills. Attached are Request for Admissions and Production of Documents which, under Pennsylvania Rules of Civil Procedure are required to be filled out by you, verified and returned by October 24, 2010. Please fill in the documents to the best of your ability and return your written responses to me no later than October 18, 2010 to allow me adequate time to format and finalize these documents. Obviously, if the matter can be resolved, there will be no need to return these. However, failure to respond and return these documents can result in sanctions, including a Court Order directing response to these papers and payment of the opposing party's attorney's fees for requiring a Court Order. Certainly contact me should you have any questions. Very truly yours, ark W. Allshouse MWA/sa Enclosure Phone: (717) 582-4006 Fax: (717) 582-7476 1\ Exhibit '%%B" ks 4833 Spring Road Shermans Dale, PA 17090 WarkW, Adshouse, October 13, 2010 Ms. Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 RE: International Portfolio, Inc. v. Duff No. 08-5866 Civil Medical Service Collection Dear Ms. Duff: This letter is a reminder and follow-up of my correspondence of September 24, 2010, wherein I provided you copies of Plaintiff's Request for Admissions and Production of Documents. This is a reminder that I have requested responses from you by October 18, 2010, five days from the date of this letter. Please contact me should there be any problem with providing responses to me by that date. I look forward to hearing from you. Very truly yours, G?J . Wk- ark W. Allshouse MWA/sa Fax: (717) 582-7476 01 Exhibit "C" . 1, Christian Lawyer Solutions From: Christian Lawyer Solutions [Mark_CLS@comcast.net] Sent: Tuesday, October 19, 2010 7:39 AM To: 'mduff7@comcast.net' Subject: Answers to discovery-- Margaret-- The answers to the discovery are due at the end of the week. I have not received anything from you and an concerned that failing to respond may increase your burden and costs--as Counsel will likely file a Motion to Compel the answers and make us appear before the judge to explain the delay. I need you to contact me and I need you to take time to respond to the discovery. It is not optional-you could be found in contempt of court for not responding. I cannot continue as counsel if I do not receive your assistance in responding. Please contact me and let me know when I can expect those responses to me so I may format them and return them to opposing counsel. I know you wanted this to be resolved so you did not have to take this step--but since it is not--we have to continue in the litigation. If you have already send the responses by mail and I just have not received them--please let me know. MARK W. ALLSHOUSE, ESQUIRE Christian Lawyer Solutions, LLC 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 (717) 582-7476 (fax) `CONFIDENTIALITY *CONFIDENTIALITY NOTICE* This communication and any accompanying documents contain information for the law office of Christian Lawyer Solutions, LLC which is confidential and/or legally privileged. The information is intended only for the sole use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited, and that any documents should be returned to this office immediately. In this regard, if you have received this electronic communication in error, please notify us by telephone or reply email immediately. Exhibit "D" • 2. as 4833 Spring Road Shermans Dale, PA 17090 October 21, 2010 VIA FACSIMILE ((412) 338-7130) CONFIRMED U.S. MAIL Benjamin R. Bibler, Esquire WELTMAN, WEINBERG & REIS CO., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 RE: International Portfolio, Inc. v. Duff Cumberland Co. No. 08-5866 Civil Dear Attorney Bibler: I am writing to request an extension of time in which to return Responses to your Request for Admissions and Production of Documents. Unfortunately, despite several attempts, I have been unable to contact my client or to receive any written response with regard to these issues. It is likely due to my client's intense work schedule and our inability to meet. It is my anticipation to speak with her shortly and to be able to provide you written responses to your admissions and document requests in the near future. I am requesting an extension of time until November 12, 2010 to provide those responses. I thank your for your consideration in advance. Very truly yours, MWA/sa cc: Ms. Margaret Duff Phone: (717) 582-4006 ark W. Allshouse? Fax: (717) 582-7476 _. nay MO* Exhibit "E" 9KarF,tiV. AC?shouse, Esqui 4833 Spring Road Shermans Dale, PA 17090 November 3, 2010 Ms. Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 RE: International Portfolio, Inc. v. Duff No. 08-5866 Civil Medical Service Collection Dear Ms. Duff- I have been attempting to contact you for the past two weeks. I have obtained an extension of time in which to file the outstanding discovery, which expires on November 12, 2010. As of the date of this correspondence, despite attempting to contact you by telephone, direct mail and email, I have received no response. This letter is the final notice that if I do not hear from you or receive the discovery responses by Monday, November 8, 2010, 1 will be left with no option but to withdraw as your legal representative. I cannot effectively represent you if I am unable to contact you and you are unwilling to cooperate in addressing the outstanding procedural issues in preparing your matter for resolution. It is my hope that for some reason you have not been receiving my contacts and that this letter finds you well. Upon receipt of this correspondence, I request that you contact me immediately. If I am unavailable, please leave a specific and complete message with my office as to the status of your matter and when I may expect the outstanding discovery information. I look forward to hearing from you. MWA/sa Phone: (717) 582-4006 Very truly yours, Mark W. Allshouse Fax: (717) 582-7476 NEW' imams- x 0m ;T martZone Communications Center Page 1 of 1 SmartZone Communications Center mark_dsOcomcasLne ± Font size outstanding discovery requests From : mark ds <mark_ds@comcast.net> Subject : outstanding discovery requests To : mduff7@comcast.net Margaret-- Wed Nov 3 2010 9:14:06 AM This is an urgent message. I need to speak with you or at least need to know that your responses to the discovery requests are forth coming by Monday. I do not understand why you do not reply to the a-mails and phone messages I have been sending for the past three weeks. I cannot effectively represent you if I cannot contact you. If i do not hear from you or receive a the discovery responses by Monday I will have no other choice but to withdrawal as your legal counsel. Please contact me. Mark W. Alishouse, Esq. 717-582-4006 Mark dsC comcast.net http://szO l 06.wc.mail.comcast.net/zimbra/h/printmessage?id=185341 &xim=1 11/3/2010 a? Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant International Portfolio, Inc., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Margaret L. Duff, : NO. 08-5866 Defendant : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 Date: 11H-4010 Benjamin R. Bibler, Esquire WELTMAN, WEINBERG & REIS CO., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburg, PA 15219 t oe, r33Springz lls ous Esquire # 78014 Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant FILED-OFFICE Mark W. Allshouse, Esquire OF THE I?pOTI-I0I40Tr4Y Attorney ID # 14 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 CUMBERLAND C01* ir5 F Attorney for Defendant P E N L ' ° , " International Portfolio, Inc., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Margaret L. Duff, : NO. 08-5866 Defendant : CIVIL ACTION - LAW AMENDED PETITION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT, MARGARET L. DUFF AND NOW comes Mark W. Allshouse, counsel of record for the above-referenced Defendant, Margaret L. Duff and files this Petition for Leave to Withdraw ("Petition") as legal counsel for Defendant pursuant to Pennsylvania Rule of Civil Procedure 1012 and Pennsylvania Rule of Professional Conduct Rule 1.16(b) and in support thereof avers as follows: 1. Pennsylvania Rule of Professional Conduct 1.16(b) provides in pertinent part: "A lawyer may withdraw from representing a client, if...: (5) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given a reasonable warning that the lawyer will withdraw unless the obligation is fulfilled, (6) representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client, (7) other good cause for withdrawal exists." 2. On or about September 21, 2010 counsel for Plaintiff forwarded by first class mail Plaintiff s Request for Admissions and Production of Documents for response by Defendant, which documentation was immediately mailed via first class with correspondence to Defendant by the undersigned counsel dated September 24, 2010. A true and correct copy is attached hereto and made a part hereof marked as Exhibit "A". 3. Responses to Plaintiff's discovery requests were due October 24, 2010. 4. Thereafter, on October 13, 2010, the undersigned counsel provided a reminder to Defendant that the responses to Plaintiff's discovery requests were to be returned by October 18, 2010 to allow adequate time for formatting, preparation and to return the documents to counsel for Plaintiff. A true and correct copy of that correspondence is attached hereto and made a part hereof marked as Exhibit "B". 5. Thereafter, on October 19, 2010 the undersigned counsel contacted Defendant through email advising her that the answers to the discovery were due at the end of the week, being five days from the date of the email and further advised Defendant that counsel for Plaintiff would have the ability to file a Motion to Compel those answers if they were not produced. 6. The undersigned further notified that if Defendant continued to refuse to contact me or to provide the responses to the discovery, I could not continue to act as counsel. A true and correct copy of that email is attached hereto and made a part hereof marked as Exhibit "C". 7. Thereafter on October 21, 2010, having still received no contact by written correspondence, email, fax or telephone from Defendant, the undersigned contacted opposing counsel, Benjamin R. Bibler, Esquire and requested an extension of time in which to provide answers to Plaintiff's discovery. A true and correct copy of that correspondence is attached hereto and made a part hereof marked as Exhibit "D". Mr. Bibler consented and provided an extension of time until November 12, 2010. 9. The undersigned notified Defendant by telephone that an extension had been granted, but that he needed to be contacted by her as soon as possible and to have the answers provided prior to the November 12, 2010 deadline. 10. On November 3, 2010, still having received no contact from Defendant, the undersigned attempted to contact Defendant by telephone, email and mailed correspondence advising that this was an urgent contact and that the answers to discovery were due immediately. 11. The undersigned further advised Defendant that if Defendant continued to fail to cooperate and/or contact the undersigned that the undersigned would be seeking the Court's approval to withdraw as her legal representative. A true and correct copy of the November 3, 2010 correspondence and email are jointly attached hereto and made a part hereof marked as Exhibit "E". 12. As of the date of this Petition, the undersigned has still received no contact or response from Defendant. 13. The undersigned by three separate contacts with clear notice of intent to withdraw as counsel if Defendant continued to not cooperate and hamper the undersigned's ability to provide reasonable legal services or continued to make representation of Defendant's unreasonably difficult. 14. As a result of Defendant's failure to provide any explanation or even contact the undersigned, the undersigned counsel is unable to reasonably represent Defendant or her interests and, therefore, requests this Honorable Court to enter and Order granting counsel's Petition for Leave to Withdraw in the above-captioned matter. 15. It is not believed that Defendant will suffer any undue prejudice as a result of the undersigned's withdrawal as the litigation is currently in the discovery stage. 16. The undersigned's withdrawal also does not prejudice the interests of Plaintiff in proceeding with its claim. 17. The whereabouts of Defendant are believed to be known at the following address: Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 18. The undersigned has contacted opposing counsel who concurs with the filing of this Motion. 19. There has been no prior Judge involvement in the matter. WHEREFORE, Mark W. Allshouse, Esquire, respectfully requests this Honorable Court to enter the attached Order granting counsel's Petition for Leave to Withdraw as Counsel for Defendant, Margaret L. Duff in the above-captioned matter. Respectfully submitted, Date: //1f 61j0 6d. ag4ve:::? ark W. Allsho e, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant • t dark WAffshouse, 2s u 'r ww? z cy?!Si 4833 Spring Road Shermans Dale, PA 17090 WO z. September 24, 2010 Ms. Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 RE: International Portfolio, Inc. v. Duff No. 08-5866 Civil Medical Service Collection Dear Ms. Duff. Enclosed please find a copy of correspondence I received from Weltman, Weinberg & Reis, counsel for International Portfolio regarding your outstanding medical bills. Attached are Request for Admissions and Production of Documents which, under Pennsylvania Rules of Civil Procedure are required to be filled out by you, verified and returned by October 24, 2010. Please fill in the documents to the best of your ability and return your written responses to me no later than October 18, 2010 to allow me adequate time to format and finalize these documents. Obviously, if the matter can be resolved, there will be no need to return these. However, failure to respond and return these documents can result in sanctions, including a Court Order directing response to these papers and payment of the opposing parry's attorney's fees for requiring a Court Order. Certainly contact me should you have any questions. MWA/sa Enclosure Phone: (717) 582-4001 Very truly yours, ? w`4s ark W. Allshouse Fax: (717) 582-7476 at t • Wark. W. A ffshouse, 4833 Spring Road Shermans Dale, PA 17090 Ms. Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 Dear Ms. Duff: October 13, 2010 RE: International Portfolio, Inc. v. Duff No. 08-5866 Civil Medical Service Collection This letter is a reminder and follow-up of my correspondence of September 24, 2010, wherein I provided you copies of Plaintiff's Request for Admissions and Production of Documents. This is a reminder that I have requested responses from you by October 18, 2010, five days from the date of this letter. Please contact me should there be any problem with providing responses to me by that date. I look forward to hearing from you. MWA/sa Phone: (717) 582-4006 X t f i? Very truly yours, / f ,Mark W. Allshouse Fax: (717) 582-7476 c r Christian Lawyer Solutions From: Christian Lawyer Solutions [Mark_CLS@comcast.net] Sent: Tuesday, October 19, 2010 7:39 AM To: 'mduff7@comcast.net' Subject: Answers to discovery-- Margaret-- The answers to the discovery are due at the end of the week. I have not received anything from you and an concerned that failing to respond may increase your burden and costs--as Counsel will likely file a Motion to Compel the answers and make us appear before the judge to explain the delay. I need you to contact me and I need you to take time to respond to the discovery. It is not optional--you could be found in contempt of court for not responding. I cannot continue as counsel if I do not receive your assistance in responding. Please contact me and let me know when I can expect those responses to me so I may format them and return them to opposing counsel. I know you wanted this to be resolved so you did not have to take this step--but since it is not--we have to continue in the litigation. If you have already send the responses by mail and I just have not received them--please let me know. MARK W. ALLSHOUSE, ESQUIRE Christian Lawyer Solutions, LLC 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 (717) 582-7476 (fax) `CONFIDENTIALITY NOTICE' This communication and any accompanying documents contain information for the law office of Christian Lawyer Solutions, LLC which is confidential and/or legally privileged. The information is intended only for the sole use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited, and that any documents should be returned to this office immediately. In this regard, if you have received this electronic communication in error, please notify us by telephone or reply email immediately. e? Wark. A ffihouse, Esqu i 4833 Spring Road Shermans Dale, PA 17090 October 21, 2010 VIA FACSIMILE ((412) 338-7130) CONFIRMED U.S. MAIL Benjamin R. Bibler, Esquire WELTMAN, WEINBERG & REIS CO., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 RE: International Portfolio, Inc. v. Duff Cumberland Co. No. 08-5866 Civil Dear Attorney Bibler: I am writing to request an extension of time in which to return Responses to your Request for Admissions and Production of Documents. Unfortunately, despite several attempts, I have been unable to contact my client or to receive any written response with regard to these issues. It is likely due to my client's intense work schedule and our inability to meet. It is my anticipation to speak with her shortly and to be able to provide you written responses to your admissions and document requests in the near future. I am requesting an extension of time until November 12, 2010 to provide those responses. I thank your for your consideration in advance. Very truly yours, Aark W. Allshouse? MWA/sa i cc: Ms. Margaret Duff Phone: (717) 582-4006 Fax: (717) 582-7476 #&CCI • 1_ r Y • 9Wark. W A&ShOuse ire 2s u4833 Spring Road Shermans Dale, PA 17090 AWYER 3, 2010 Ms. Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 RE: International Portfolio, Inc. v. Duff No. 08-5866 Civil Medical Service Collection Dear Ms. Duff: I have been attempting to contact extension of time in which to file the tact nyou di for the past two weeks. I have obtained an discovery, which expires on November 12, 2010. As of the date of this correspondence, despite direct mail and email, I have received no response. attempting to contact you by telephone. This letter is the final notice that if I do not hear from ou responses by Monday, November 8, 2010, I Y no option to as or receive the discovery your legal representative. I cannot effectively r will be left epresent you if a unabl but o withdraw and you are unwilling to cooperate in addressing the outstanding able to contact you and your matter for resolution. procedural issues in preparing it is my hope that for some reason you have not been re this letter finds you well. Upon receipt of this correspondence ceiving my contacts and that I request that you contact y immediately. If I am unavailable, please leave a specific andcomplete message with my office as to the status of your matter and when I May e out information. xpect the outstanding discovery I look forward to hearing from you. Very truly yours, Mark W. Allshouse MWA/sa Phone: (717) 582-4006 f , Fax: (717) 582-7476 .1c r •? SmartZone Communications Center Page 1 of 1 SmartZone Communications Center mark_ds@comcast.ne + Font size - outstanding discovery requests From : mark cls <mark cls@comcast.net> Wed Nov 3 2010 9:14:06 AM Subject : outstanding discovery requests To : mduff7@comcast.net Margaret-- This is an urgent message. I need to speak with you or at least need to know that your responses to the discovery requests are forth coming by Monday. I do not understand why you do not reply to the a-mails and phone messages I have been sending for the past three weeks. I cannot effectively represent you if I cannot contact you. If i do not hear from you or receive a the discovery responses by Monday I will have no other choice but to withdrawal as your legal counsel. Please contact me. Mark W. Allshouse, Esq. 717-582-4006 Mark dsO)comcast.net httn•//c7O11716 xxro mail onmraet not(siml,rn(L./,.,:?.*« 7: 7-? oe'I e+ o • - w I : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-5866 Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant International Portfolio, Inc., V. Margaret L. Duff, following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 Date: /??61//D Benjamin R. Bibler, Esquire WELTMAN, WEINBERG & REIS CO., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburg, PA 15219 Mark W. Allshouse squire Attorney ID # 780, 4 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant INTERNATIONAL PORTFOLIO, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET L. DUFF, DEFENDANT/RESPONDENT 08-5866 CIVIL TERM ORDER OF COURT AND NOW, this lev"71 day of November, 2010, upon consideration of petition for leave to withdraw as counsel for defendant, Margaret L. Duff, a Rule is issued upon respondent Margaret L. Duff to show cause why petitioner is not entitled to the relief requested. This Rule is returnable within fifteen (15) days from the date of service. Following receipt of respondent's answer, the court shall determine if argument and/or hearing are necessary. ?Benjamin R. Bibler, Esquire ZW intiff . Allshouse, Esquire For Defendant argaret L. Duff 237 Forrest Drive Chalfont, PA 18914 :saa C,Cr 625 rn?[ LL 1/r2 14n By the Court, Albert H. Masla nd, J. rT-i rn - CD = -,, ca -n '=C) W °m t:?/-yj Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 5824006 Attorney for Defendant FILEU OFFICE OF THE PROTHONOTARY 2010 DEC -8 PM 1: 51 CUMBERLAND COUNTY PENNSYLVANIA International Portfolio, Inc., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Margaret L. Duff, NO. 08-5866 Defendant : CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Mark W. Allshouse, Esquire, and respectfully moves this Honorable Court for an Order making absolute the Rule upon the Respondent, Margaret L. Duff issued by Order of Court of November 19, 2010, and in support thereof represents as follows: 1. On November 15, 2010, the undersigned counsel filed a Petition for Leave to Withdraw as Counsel for Defendant, Margaret L. Duff. 2. On November 18, 2010, the undersigned counsel filed an Amended Petition for Leave to Withdraw as Counsel for Margaret L. Duff. 3. On November 19, 2010, the Honorable Albert H. Masland entered an Order of Court and Rule upon Respondent, Margaret L. Duff to show cause why Petitioner was not entitled to the relief requested. A true and correct copy of the November 19, 2010 Order of Court is attached hereto and made a part hereof as "Exhibit A". 4. The Rule was returnable within fifteen (15) days of service. 5. The Order of Court was provided to all parties by the Court and was mailed to Defendant by the undersigned. 6. As of the date of this filing, no party has filed a response or answer to the original or Amended Petition for Leave to Withdraw as Counsel for Margaret L. Duff. 7. The time for filing a response or answer has now expired. WHEREFORE, Mark W. Allshouse, Esquire respectfully requests this Honorable Court for an Order making the Rule absolute and granting the Amended Petition for Leave to Withdraw as Counsel for Margaret L. Duff. Date: Lq? C to Respectfully Submitted: M k W. Allshouse, E ui: A *v. I.D. # 78014 4 3 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant Exhibit "A" INTERNATIONAL PORTFOLIO, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET L. DUFF, DEFENDANT/RESPONDENT 08-5866 CIVIL TERM ORDER OF COURT AND NOW, this r fir day of November, 2010, upon consideration of petition for leave to withdraw as counsel for defendant, Margaret L. Duff, a Rule is issued upon respondent Margaret L. Duff to show cause why petitioner is not entitled to the relief requested. This Rule is returnable within fifteen (15) days from the date of service. Following receipt of respondent's answer, the court shall determine if argument and/or hearing are necessary. Benjamin R. Bibler, Esquire For Plaintiff Mark W. Allshouse, Esquire For Defendant Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 By the Court, Albert H. Masi nd, J. :saa CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Margaret L. Duff 237 Forrest Drive Chalfont, PA 18914 Benjamin R. Bibler, Esquire WELTMAN, WEINBERG & REIS CO., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburg, PA 15219 Date: (Z -11(,0 00-41-01 ?' JA - M k W. Allshouse, squire A orney ID # 7801 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant NO. 08-5866 Defendant : CIVIL ACTION - LAW ORDER 22? AND NOW, this /J day of an4?4--'2010, upon consideration of the attached DEC Q 9 fl i ? Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant International Portfolio, Inc., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Margaret L. Duff, Motion to Make Rule Absolute, it is hereby ordered that the Rule to Show Cause dated November 19, 2010, is made absolute and the Prothonotary is directed to remove Mark W. Allshouse, Esquire, as counsel of record for Defendant, Margaret L. Duff. BY THE COURT: Distribution: Margaret L. Duff, 237 Forrest Drive, Chalfont, PA 18914 ?Benjamin R. Bibler, Esquire, 1400 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15214 ? Mark W. Allshouse, Esquire, 4833 Spring Road, Shermans Dale, PA 17090 l CoPl e.s otet, led ,e,1r L G ry cn r r- <a q n CD D ry s N 0 C) 0 -) -? C w o ?. -+C3 -v s -n C) -q ?n r'.) CDm -c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC, Plaintiff, vs. MARGARET L DUFF, Defendant. Case No.: 08-5866 CIVIL MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire Pa. I.D.# 93598 Weltman, Weinberg & Reis, Co. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 C-) -.I -77 4J ' r 4- = ` _ WWR No. 6431630 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC, Plaintiff, Case No.: 08-5866 CIVIL vs. MOTION FOR SUMMARY JUDGMENT MARGARET L DUFF, Defendant. MOTION FOR SUMMARY JUDGMENT AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Motion for Summary Judgment against the Defendant. In support thereof, Plaintiff avers as follows: COUNT I: ACCOUNT NUMBER 7424113 Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $1477.75 with interest at the interest rate of 6.00% per annum from September 19 2008, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 3. Defendant filed an Answer to Plaintiff's Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 4. On or around September 21 2010, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof. 5. No response to the discovery demands has been received from the Defendant. 6. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that he received certain medical services from Carlisle Regional Medical Center; he accepted and received the medical services referenced to in Count I of the WWR No. 6431630 Complaint; he failed and/or refused to pay the aforementioned balance; and that $1477.75 is the correct and accurate current balance of the account in question.. 7. By way of his Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. 8. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $1477.75 with interest at the legal interest rate of 6.00% per annum from September 19 2008, and costs. COUNT U ACCOUNT NUMBER 7428494 9. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $1448.05 with interest at the interest rate of 6.00% per annum from September 19 2008, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 10. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 11. Defendant filed an Answer to Plaintiff's Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 12. On or around September 21 2010, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof. 13. No response to the discovery demands has been received from the Defendant. 14. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that he received certain medical services from Carlisle Regional Medical Center; he accepted and received the services referenced to in Count II of the WWR No. 6431630 complaint; he failed and/or refused to pay the aforementioned balance; and that $1448.05 is a correct and accurate balance on the account in question. 15. By way of his Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. 16. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $1477.75 as to Count I and $1448.05as to Count 11 with interest at the legal interest rate of 6.00% per annum from September 19 2008 and costs. COUNT II ACCOUNT NUMBER 7436828 17. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $1448.05 with interest at the interest rate of 6.00% per annum from September 19 2008, and costs. A true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof. 18. Attached to the Complaint was Verification from an authorized representative of Plaintiff verifying the accuracy of the amount sought. See Exhibit "A". 19. Defendant filed an Answer to Plaintiff's Complaint. A true and correct copy of the Answer is attached hereto as Exhibit "B" and made a part hereof. 20. On or around September 21 2010, Plaintiff served upon Defendant a set of requests for admissions and requests for production of documents. A true and correct copy of the same is attached hereto as Exhibit "C" and made a part hereof 21. No response to the discovery demands has been received from the Defendant. 22. The requests for admissions are now deemed admitted under Pennsylvania Rule of Civil Procedure 4014(b). Thus Defendant has admitted that he received certain medical services from Carlisle Regional Medical Center; he accepted and received the services referenced to in Count II of the W" No. 6431630 complaint; he failed and/or refused to pay the aforementioned balance; and that $1448.05 is a correct and accurate balance on the account in question. 23. By way of his Answer, the documents attached to this Motion, and the Requests for Admissions, deemed admitted under Pa.R.C.P. 4014(b), the Defendant has admitted all facts material to this matter and verified the amount owed. 24. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $1477.75 as to Count I and $1448.05 as to Count II and III with interest at the legal interest rate of 6.00% per annum from September 19 2008 to total $4,373.85 and costs. Respectfully Submitted: By: Pa. I.D.# 598 Weltman, e' erg & Reis, Co. 1400 Kop rs Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6431630 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC_ Plaintiff vs. MARGARET L DUFF Defendant No. COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, Esquire PA I.D. #47437 - WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06431630 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. Civil Action No. MARGARET L DUFF 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 Plaintiff is a corporation with offices at 2171 NW 139 TERR, PEMBROKE PINES, FL 33028 2. Defendant is an adult individual residing at 135 ELM STREET, CARLISLE, PA 17013. COUNT I - ACCT NO. 7424113 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. Defendant, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1477.75 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, MARGARET L DUFF, in the amount of $1477.75 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 -7428494 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 14. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1448.05 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, MARGARET L DUFF, in the amount of $1448.05 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 -7436828 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, MARGARET L DUFF, 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, MARGARET L DUFF, agreed to pay. 21. Plaintiff avers that there is a balance due and owing from Defendant, MARGARET L DUFF, in the amount of $1448.05 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, MARGARET L DUFF, in the amount of $1448.05 as to Count III, totaling $4373.85 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. ? &--- 2 WILLIAM T. MOLC?/AN, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#:06431630 6113104 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR AS OF 08/16/07 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 --- ------- ------------------------------------------------------------------ PATIENT: DUFF, MARGARET L F/C: B P/T: 0 A/C: 7424113 DSC CODE: 01 D: DUFF, MARGARET L ADMISSION: 09/17/04 DISCHARGE: 09/17/04 35 ELM STREET CARLISLE PA 17013 NS CD: 200/BS1 PBSHM 378 PPO GROUP 2865501 POL ID: ZAR199484 D E P A R T M E N T A M O U N T 1,427.15 50.60 1,477.75- ----------------------------------------------------------------------------- TOTAL 0.00 ELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= MD:1=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD B 5/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR AS OF 08/16/07 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 --- ------- ------------------------------------------------------------------- PATIENT: DUFF, MARGARET L F/C: B P/T: O A/C: 7428494 DSC CODE: 01 D: DUFF, MARGARET L ADMISSION: 10/01/04 DISCHARGE: 10/01/04 35 ELM STREET CARLISLE PA 17013 NS CD: 200/BS1 PBSHM 378 PPO GROUP 2865501 POL ID: ZAR199484 D E P A R T M E N T A M O U N T - 1,397.45 50.60 1,448.05- ----------------------------------------------------------------------------- TOTAL 0.00 ELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= MD:1=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 6/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 06/12/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 --- ------- ------------------------------------------------------------------- PATIENT: DUFF, MARGARET L F/C: H P/T: 0 A;C: 7436828 DSC CODE: 01 D: DUFF, MARGARET L ADMISSION: 10/29/04 DISCHARGE: 10/29/04 35 ELM STREET CARLISLE PA 17013 D E P A R T M E N T A M O U N T 1,397.45 50.60 1,448.05- ----------------------------------------------------------------------------- TOTAL, 0.00 ELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= MD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD VERIFICATION The undersignied does hereby verify subject to the penalties of 18 PA.C.S. §4904 (Name) DIRECTOR of Customer Care of INTERNATIONAL PORTFOLIO INC., plaintiff (Title) (Company) relating to unsworn falsifications to authorities; that she is GAIL WOOD 1ierein, 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 knmvledae, information and belief. (Signature) z f. f f? e l ri" WWR# Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant International Portfolio, Inc., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-5866 Margaret L. Duff, Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: International Portfolio, Inc., Plaintiff c/o Matthew Urban, Esquire, Attorney for Plaintiff WELTMAN, WEINBERG & REIS CO., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburg, PA 15219 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a Judgment may be entered against you. ? F Date: 1 t.iIf /t / L/ ,:T'?L/[f{K Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant H V11 IT Mark W. Allshouse, Esquire Attorney I D # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant International Portfolio, Inc., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Margaret L. Duff, NO. 08-5866 Defendant : CIVIL ACTION -LAW DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Margaret L. Duff, by and through her attorney, Mark W. Allshouse, Esquire and respectfully files the following Answer with New Matter to Plaintiff's Complaint and in support thereof avers as follows: I . Admitted upon information and belief. 2. Admitted. 3. Admitted. By way of further response, those services were provided in 2004. Count I - Acct No. 7424113 4. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 4 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 5. Admitted. 6. Admitted. 7. Denied as stated. While Defendant did accept and receive services from Plaintiff's assignor, those services were provided in 2004. By way of further response, after reasonable investigation, Defendant is unaware of the exact amount actually claimed by Plaintiff. Denied. To the contrary, Plaintiff has provided no legal basis entitling it to interest in any amount. By way of further response, after reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 8 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 9. Denied as stated. To the contrary, Defendant has been attempting to arrange payment for the services through her Blue Cross and Blue Shield insurance company, to which the claim has been re-submitted and is currently in process. WHEREFORE, Plaintiff respectfully requests Plaintiff's cause of action be dismissed. Count 11- Acct No. 7428494 10. Admitted. ]I. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 11 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 12. Admitted. 13. Admitted. 14. Denied as stated. While Defendant did accept and receive services from Plaintiffs assignor, those services were provided in 2004. By way of further response, after reasonable investigation, Defendant is unaware of the exact amount actually claimed by Plaintiff 15. Denied. To the contrary, Plaintiff has provided no legal basis entitling it to interest in any amount. By way of further response, after reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 8 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 2 16. Denied as stated. To the contrary, Defendant has been attempting to arrange payment for the services through her Blue Cross and Blue Shield insurance company, to which the claim has been re-submitted and is currently in process. WHEREFORE, Plaintiff respectfully requests Plaintiff's cause of action be dismissed- Count III - Acct No. 7436828 17. Admitted. 18. Denied- After reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 18 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 19. Admitted. 20. Admitted. 21. Denied as stated. While Defendant did accept and receive services from Plaintiff's assignor, those services were provided in 2004. By way of further response, after reasonable investigation, Defendant is unaware of the exact amount actually claimed by Plaintiff. 22. Denied. To the contrary, Plaintiff has provided no legal basis entitling it to interest in any amount. By way of further response, after reasonable investigation, Defendant is without knowledge or belief as to the truth of the averment contained in paragraph 22 of Plaintiff's Complaint. Strict proof thereof is demanded at the time of trial if deemed relevant. 23. Denied as stated. To the contrary, Defendant has been attempting to arrange payment for the services through her Blue Cross and Blue Shield insurance company, to which the claim has been re-submitted and is currently in process. WHEREFORE, Plaintiff respectfully requests Plaintiff's cause of action be dismissed. NEW MATTER 24. Paragraphs I through 23 are hereby incorporated by reference as if set forth at length. 25. Plaintiff's action is barred by the Statute of Limitations. 26. In December of 2008 Defendant was called by Blue Cross and Blue Shield and advised that there was a coverage problem with regard to coverage of the services alleged in Plaintiff's Complaint because of a change in insurance group provider status of Carlisle Regional Medical Center. 27. Defendant was thereafter requested to re-submit for coverage as the initial claim for coverage. 28. Defendant then assured that the initial claim for coverage was timely made, which assurances were confirmed by both Blue Cross and Blue Shield and Carlisle Regional Medical Center. 29. The services for which Defendant requested occurred in 2004 when Carlisle Regional Center accepted Blue Cross and Blue Shield payments. 30. Blue Cross and Blue Shield has since contacted Carlisle Regional Medical Center approximately over sixty (60) days ago and requested a claim form to be submitted by Carlisle Regional Medical Center for payment. 31. Defendant in the instant matter is unaware of Plaintiff's entitlement to receive the money originally owed to Carlisle Regional Medical Center. 32. Defendant believes that Blue Cross and Blue Shield will make payment to Carlisle Regional Medical Center and that such payment must thereafter be assigned to Plaintiff. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiffs Complaint. Respectfully submitted. Date.: Mark W. All.shouse, Esquire Attorney ID # 78014 4833 Spring Road Sherman Dale, PA 17090 (717) 582-4006 Attorney for Defendant VERIFICATION t, Margaret L. Duff, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief under penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: i . Margaret L. Duff i?. Mark W. Allshouse, Esquire Attorney !D u 78014 4833 Spring Road Shermans Dale. PA 17090 (717) 582-4006 Attorney for Defendant tnternattonai I1orttolto, Inc_, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V_ Margaret L. Duff, NO. 08-5866 Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, as follows: Matthew Urban, Esquire WELTMAN, WEINBERG & REIS CO., LPA 1400 Koppers Building 436 Seventh Avenue Pittsburg, PA 15219 Date: , Mark W. Allshouse, Esquire Attorney ID # 78014 4833 Spring Road Shermans Dale, PA 17090 (717) 582-4006 Attorney for Defendant 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION 1NTERNATIONAI, PORTOFI,IO INC Plaintiff, V. MARGARET L. DUFF Defendant. NO.: 08-5866-CIVIL PLAINTIFF'S FIRS'T' REQUEST FOlt ADMISSIONS AND REQUEST FOI2 PRODUc, ION OF DOCUMENTS Submitted by: Benjamin R. Bibler,Esquire PA ID# 93598 Weltman,Weinberg & Reis CO L.P.A. 1400 Koppers BUilding 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 E .. AM1 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION INTERNATIONAL PORTOFLIO INC, Plaintiff, NO.: 08-5866-CIVIL, MARGAR!?T L. DUFF. Defendant. PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendants answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days fi•om the date of service hereof. Plaintiff also demands that defendants answer and respond to the following Request for Admissions pursuant to Pa. Rules of Civil Procedure 4014. You are requested to admit the truth of each of the statements of fact hereinafter stated. You arc instructed that: 1. These requests are made under Pennsylvania Rules of Civil Procedure 4001, et seq., and each of these matters of which an admission is requested shall be deemed admitted unless your sworn statement in compliance with such Rules is timely made. 2. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. 3. Your answer, signed and properly verified, must be delivered to the undersigned attorney of record for the Plaintiff within thirty (30) days after delivery hereof. 4. If you fail or refuse to admit the truth of any such statement of fact and the Plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorneys' fees, witness expenses, etc. 5. If, in response to any of the following statements of fact, it is your position that the statement is true in part or as to some items, but not true in full or as to all items, then answer separately as to each part or item. 6. If you have been sued in more than one capacity or if your answers would be different if answered in any different capacity, such as partner, agent, corporate officer or director or the like, then you are requested to answer separately in each such capacity. Failure to do so constitutes an admission in any such capacity. In these Requests for Admissions: A. The word "person(s)" means all entities, and, without limiting the generality of the foregoing, includes natural persons, joint owners, associations, companies, partnerships, joint ventures, trusts, and estates; B. The word "document(ss" means all written, printed, recorded, graphic, or photographic matter, or, sound reproductions, however produced or reproduced, pertaining to any manner to the subject matter indicated; C. The words "identity", "identlly' "Identlflcatlon", when used with respect to a person( means to state the full name and present or last known address and business address of such person(s) and, if an actual person, his present or last known job title, and the name and address of his present or last known employers; D. The words "identity", "identify" "identification", when used with respect to a date, subject matter, name(s) or person(s) that wrote, signed initialed, dictated or otherwise participated in the creation of the same, the name(s) of the addressee or addressees if any and the name(s) and address(es) of each person who have possession, custody, and control of said document(s). If any such document was, but is no longer in your possession, custody, or control, or in existence, state the date and manner of its disposition; and E. The word "identify", when used with respect to an act (including an alleged offense), occurrence, statement, or conduct (hereinafter collectively called "act"), means to (1) describe the substance of the event or events constituting such an act, and to state the date when such act occurred; (2) identify each and every person(s) participating in such an act; (3) identify all other person(s) (if any) present when such act occurred; (4) state whether any minutes, notes, memoranda, or other record of such act was made; (5) state whether such record now exists; and (6) identify the person(s) presently having possession, custody or control of such record. 8. Unless otherwise indicated, all Requests herein relate to those certain events, persons, and period of time more fully described in the pleading in this case. 9. "These requests are of a continuous nature. These Requests for Production of Documents shall be deemed continuing so as to require supplemental answers and documents if any information of documents are acquired subsequent to the filing of responses hereto, which information or documents would have been included in the answers and documents produced had it been known or available at the time the answers and the documents provided pursuant hereto were produced. Defendants shall supply such information and documents by supplemental answers and production of documents as soon as such information becomes known or available and in all events, prior to trial of this action. If objection is made to any requests for production of documents, it is demanded that the requests for which there is no objection be answered and furnished within the aforesaid period. All documents identified in response hereto shall be organized and labeled to correspond with the request to which it pertains. For all documents produced, list the individual and his or her job title and department from whose files it was produced and the current custodian of said document. If a document called for is believed to exist or is known to exist, but is in the possession, custody or control of another person or party, the existence of the document, the identity of the possessor, custodian and one in control of such documents shall be provided along with any applicable common description or citation utilized by the publisher, possessor, custodian or disseminator of such document. If any document called for by this request is withheld on the basis of any claim of' privilege or any similar claim, identify that document as follows: author; addressee; indicated or blind copies, date. subject matter; number of pages; attachments or appendices; all persons to whom distributed, shown or explained; present custodian; and nature 01' the privilege or similar claim asserted. COUNT I: ACCT NO 7424113 REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of all payments on the medical services referenced in Count I of the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 2: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR PRODUCTION OF DOCUMENTS 3: Produce all documentary evidence or information substantiating the defenses asserted in your Answer. REQUEST FOR ADMISSION NO. 1: Defendant received certain medical services from Carlisle Regional Medical Center as referenced in Count I of the Complaint. Adm ittcd Dcn ied If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Defendant accepted and received the medical services referenced in Count I of the Complaint. Admitted Denied If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3 Defendant has failed and/or refused to pay the aforementioned balance as referenced in Count 101- the Complaint. Adm itted Denied If the answer to Request for Admissions No. 3 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 4: $1,477.75 is a correct and accurate current balance of the account in question as referenced in Count I of the Complaint. A d r "1 fitted Denied If the answer to Request for Admissions No. 4 is "denied", then supply specific written documentation supporting the denial. COUNT II: ACCT NO 7428494 REQUEST FOR PRODUCTION OF DOCUMENTS 3: Produce any and all documents evidencing proof of all payments on the medical services referenced in Count lI of the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 4: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR PRODUCTION OF DOCUMENTS 5: Produce all documentary evidence or information substantiating the defenses asserted in your Answer. REQUEST FOR ADMISSION NO. 6: Defendant received certain medical services fi-om Carlisle Regional Medical Center as referenced in Count 11 of the Complaint. Admitted Denied If the answer to Request for Admissions No. 6 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 7: Defendant accepted and received referenced in Count If of the Complaint. Admitted Denied If the answer to Request for Admissions No. 7 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 8: Defendant has failed and/or refused to pay the aforementioned balance as referenced in Count II of the Complaint. Admitted Denied If the answer to Request for Admissions No. 8: is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 9: $1,448.05 is a correct and accurate current balance of the account in question as referenced in Count It oFth Complaint. Admitted Denied If the answer to Request for Admissions No. 9 is "denied", then supply specific written documentation supporting the denial. COUNT III: ACCT NO 7436828 REQUEST FOR PRODUCTION OF DOCUMENTS 7: Produce any and all documents evidencing prool'of all payments on the medical services referenced in Count III of the Complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entries, diaries, charts, lists, phone records, data compilations etc. REQUEST FOR PRODUCTION OF DOCUMENTS 8: Produce any and all documents you intend to introduce and/or provide testimony on as evidence at the time of trial. REQUEST FOR PRODUCTION OF DOCUMENTS 9: Produce all documentary evidence or information substantiating the defenses asserted in your Answer. RUQ)tJEST ;'OR ADMISSION NO.11: Defendant received certain medical services from Carlisle Regional Medical Center as referenced in Count 111 of the Complaint. Admitted Denied If the answer to Request for Admissions No. 1 I is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 12: Defendant accepted and received the medical services referenced in Count 111 of the Complaint. Admitted Denied If the answer to Request for Admissions No. 12 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO 14• Defendant has failed and/or refused to pay the aforementioned balance as referenced in Count I I I of the Complaint. Admitted Denied If the answer to Request for Admissions No. l: is "denied", then supply spccilic written documentation supporting the denial. REQUEST FOR ADMISSION NO. 15: $1,448.05 is a correct and accurate current balance of the account in question as referenced in Count III of the Complaint. Admitted Denied If the answer to Request for Admissions No. 15 is "denied", then supply specific written documentation supporting the denial. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. Be0jai i . i er, -squire PA I # 3598 W tma Weinberg & Reis CO L.P.A. 14 oppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR:6431630 CERTIFICATE OF SERVICE A true and correct copy of Plaintiff's First Request for Production of Documents and !Zequest For :4dmissions has been served by U.S. Mail, on the l s day of i 2010, upon the following: Mark A1111ouse, Esq 4833 Spring Rd Shermans Dale Pa 17090 PA,M# 93898 ibler,EsYtuire elt,Weinberg & Reis CO L.P.A. 0 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 06/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MED CTR AS OF 08/16/07 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: DUFF, MARGARET L F/C: B P/T: 0 A/C: 7424113 DSC CODE: 01 TO: DUFF, MARGARET L ADMISSION: 09/17/04 DISCHARGE: 09/17/04 135 ELM STREET CARLISLE PA 17013 INS CD: 200/BS1 PBSHM 378 PPO GROUP 2865501 POL ID: ZAR199484 D E P A R T M E N T 406 NO DESCRIPTION FOUND 412 NO DESCRIPTION FOUND ADJUSTMENTS A M O U N T 1,427.15 50.60 1,477.75- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 06/13/08 PAGE 001 HEALTH MANAGEMENT CARLISLE REGIONAL MED CTR 361 ALEXANDER SPRING RD CARLISLE PATIENT: DUFF, MARGARET L TO: DUFF, MARGARET L 135 ELM STREET CARLISLE INS CD: 200/BS1 PBSHM 378 PPO D E P A R T M E N T 406 NO DESCRIPTION FOUND 412 NO DESCRIPTION FOUND ADJUSTMENTS ASSOCIATES DA17 COID: 858 AS OF 08/16/07 PA 17015 PHONE (717) 960-1680 F/C: B P/T: 0 A/C: ADMISSION: 10/01,/04 PA 17013 GROUP 2865501 7428494 DSC CODE: 01 DISCHARGE: 10/01/04 POL ID: ZAR199484 A M O U N T 1,397.45 50.60 1,448.05- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 06/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 06/12/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: DUFF, MARGARET L F/C: B P/T: 0 A/C: 7436828 DSC CODE: 01 TO: DUFF, MARGARET L ADMISSION: 10/29/04 DISCHARGE: 10/29/04 135 ELM STREET CARLISLE PA 17013 D E P A R T M E N T 406 PAIN MANAGEMENT CLINIC 412 PHARMACY ADJUSTMENTS A M O U N T 1,397.45 50.60 1,448.05- ------------------------------------------------------------------------------ TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 06/13/08 ACCOC NT PAT NAME FAY CD c78 HEALTH MANAGEMENT ASSOCIATES DA09 COID: 858 #: 7436828 PAYMENT HISTORY TOT PAY + ADJ : 1,448.05- : DUFF, MARGARET L F/C: 9 BALANCE: .00 PAYMENT PAYMENT PROCESS PAY PAYMENT PAYMENT PROCESS DATE AMOUNT DATE CD DATE AMOUNT DATE 07/08/05 1,448.05- 07/08/05 'MD:I=DAR,2=PAT,3=GAR,4=INS,5=UB,7=RTN,8=CMTI,9=CMTU,I0=BAL,II=LOG 06/13/08 HEALTH P...CCOLNT #: 7436828 RESP PARTY: DOB: 03/31/59 GAR DAME: DUFF, MARGARET L STREET: 135 ELM STREET ADDR-2 : MANAGEMENT ASSOCIATES DA06 GUARANTOR RECORD PAT NAME: DUFF, MARGARET L EMPLOYER: BIG SPRING SCHOOL STREET: 45 MT ROCK RD ADDR-2: COID: 858 DIST CITY: CARLISLE PA 17013 CITY: NEWVILLE PA 17241 PHONE: (717) 258-4849 COUNTRY: US PHONE: (717) 776-2000 COUNTRY: SSN: 199-48-4147 SEX: F OCCUPATION: RELATIONSHIP TO PATIENT: G OTHER RESP: DOB: 00/00/00 GAR NAME: STREE-- : ADDR. (- _1 PHONE: (000) 000-0000 COUNTRY: SSN: 000-00-0000 SEX: RELATIONSHIP TO PATIENT: NEXT OF KIN NAME: ANKLAM, GLORIA STREET: ADDR-2: EMPLOYER: PHONE: OCCUPATION: CITY: PHONE: RELATIONSHIP (000) 000-0000 (717) 243-4824 COUNTRY: TO PATIENT: FRIEND ?MD:I=DAR,2=PAT,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTtJ,10=BAL,II=LOG 06/1?/0S ACCOLNT PAT 1?AN I FAY CD S78 HEALTH MANAGEMENT ASSOCIATES DA09 COID: 858 #: 7428494 PAYMENT HISTORY TOT PAY + ADJ : 1,448.05- : DUFF, MARGARET L F/C: 9 BALANCE: .00 PAYMENT PAYMENT PROCESS PAY PAYMENT PAYMENT PROCESS DATE AMOUNT DATE CD DATE AMOUNT DATE 06/23/05 1,448.05- 06/23/05 'MD:I=DAR,2=PAT,3=GAR,4=INS,5=UB,7=RTN,8=CMTI,9=CMTU,I0=BAL,II=LOG 06113108 HEALTH ACCOLNT #: 7428494 :?.ESP PAPTY: DOB: 03/31/59 B=AR NAME: DUFF, MARGARET L STREET: 135 ELM STREET ADDR- : MANAGEMENT ASSOCIATES DA06 COID: 858 GUARANTOR RECORD PAT NAME: DUFF, MARGARET L EMPLOYER: BIG SPRING SCHOOL DIST STREET: 45 MT ROCK RD ADDR-2: CITY: CARLISLE PA 17013 CITY: NEWVILLE PA 17241 PHONE: (717) 258-4849 COUNTRY: US PHONE: (717) 776-2000 COUNTRY: SSN: 199-48-4147 SEX: F OCCUPATION: RELATIONSHIP TO PATIENT: G OTHER RESP: DOB: 00/00/00 GAR NAME: STREET: ADDR_-?: PHON : (000) 000-0000 COUNTRY: SSN: 000-00-0000 SEX: RELATIONSHIP TO PATIENT: NEXT OF KIN NAME: ANKLAM, GLORIA STREET: ADDR-2: EMPLOYER: PHONE: OCCUPATION: CITY: PHONE: RELATIONSHIP (000) 000-0000 (717) 243-4824 COUNTRY: TO PATIENT: FRIEND :MD:I=DAR,2=PAT,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTU,I0=BAL,II=LOG 06/13/08 HEALTH MANAGEMENT ASSOCIATES DAC9 COID: 858 ACCOLNT #: 7424113 PAYMENT HISTORY TOT PAY + ADJ : 1,477.75- PAT NAM, : DUFF, MARGARET L F/C: 9 BALANCE: .00 PAY PAYMENT PAYMENT PROCESS PAY PAYMENT PAYMENT PROCESS Ci?l DATE AMOUNT DATE CD DATE AMOUNT DATE S78 05/21/05 1,477.75- 05/21/05 'MD:I=DAR,2=PAT,3=GAR,4=INS,5=UB,7=RTN,8=CMTI,9=CMTU,I0=BAL,II=LOG 06/13/0$ HEALTH A.CCOLNT #: 7424113 R.ESP PA?_TY: DOB: 03/31/59 CAR NAMI-: DUFF, MARGARET L STREET: 135 ELM STREET ADDR-2: MANAGEMENT ASSOCIATES DA06 GUARANTOR RECORD PAT NAME: DUFF, MARGARET I, EMPLOYER: BIG SPRING SCHOOL STREET: 45 MT ROCK RD ADDR-2: COID: 858 DIST CITY: CARLISLE PA 17013 CITY: NEWVILLE PA 17241 PHONE: (717) 258-4849 COUNTRY: US PHONE: (717) 776-2000 COUNTRY: SSN: 199-48-4147 SEX: F OCCUPATION: RELATIONSHIP TO PATIENT: G OTHER RESP: DOB: 00/00/00 GAR NAME: STR.EE": ADDP% P-1HON :: (000) 000-0000 COUNTRY: SSN: 000-00-0000 SEX: RELATIONSHIP TO PATIENT: NEXT OF KIN NAME: ANKLAM, GLORIA STREET: ADDR-2: EMPLOYER: PHONE: OCCUPATION: CITY: PHONE: RELATIONSHIP (000) 000-0000 (717) 243-4824 COUNTRY: TO PATIENT: FRIEND :?MD:I=DAR,2=PAT,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTU,I0=BAL,II=LOG CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff s Motion for Summary Judgment has been served y y of W _, 2010 upon the following: b U.S. Mail Postage Pre-Paid, on V7*da Mark Allshouse,Esquire 4833 Spring Rd Shermans Dale Pa 17090 Margaret Duff 135 Elm St Carlisle Pa 17013 By: Bea in ff Yer, Esquire Pa. I98 Welt & Reis, Co. 1400 s Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6431630 :. CPIA PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) n r., TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) MO CAPTION OF CASE (entire caption must be stated in full) INTERNATIONAL PORTFOLIO, INC MARGARET L DUFF vs. C= _o (List the within matter forrpone> M ----------------------------------En r? ., _o > ? -i cn M No. 5866 08 Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): MOTION FOR SUMMARY JUDGMENT 2. Identify all counsel who will argue cases: (a) for plaintiffs: BENJAMIN R BIBLER, ESQ (Name and Address) 436 7TH AVE, SUITE 1400, PITTSBURGH, PA 15219 (b) for defendants: MARGARET L DUFF, PRO SE (Name and Address) 135 ELM STREET, CARLISLE, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: FEBRUARY 18, 2011 BENJAMIN R BIBLER Print your name PLAINTIFF Date: 1/13/11 Attorney for C7 --i r*j -vrn ?o 0 o-n o? D INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. CERTIFICATE OF SERVICE A true and correct copy of the within Praecipe for Listing Case for Argument was served by U. S. Mail, postage prepaid, this day of,? M2011, upon the following: Margaret L. Duff 135 Elm Street Carlisle, PA 17013 By: Benj R. Bibler,Esquire PA I # 9 598 Welt an, ]Weinberg & Reis CO L.P.A. 1400 pers Building 436 Seventh Avenue Pittsburgh, PA 15219 #16. INTERNATIONAL PORTFOLIO, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MARGARET L. DUFF, NO. 2008 - 5866 CIVIL TERM Defendant IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE OLER, GUIDO, MASLAND, JJ. ORDER OF COURT AND NOW, this 22ND day of FEBRUARY, 2011, upon consideration of Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said Motion is GRANTED and Judgment is entered in favor of Plaintiff for $1477.75 as to Count I and $1448.05 as to Count II and III with interest at the rate of 6.00% per annum from September 19, 2008, to total $4,373.85, plus costs. By the Court, Edward E. Guido, J. -- Benjamin R. Bibler, Esquire Pro Se ,- Margaret Duff -a -c-t? , Court Administrator nno r) ; t, ER m X4 . -,Aa j?r C,' fV aFi , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5866 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INTERNATIONAL PORTFOLIO INC Plaintiff (s) From MARGARET L. DUFF, 135 ELM ST., CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT FCU, 1711 SPRING RD., CARLISLE, PA 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3365.96 L.L.$.50 Interest $77.46 Atty's Comm % Due Prothy $2.00 Atty Paid $ ,4, 7, 06 Other Costs Plaintiff Paid Date: September 1, 2011 David D. Buell, Prothonotary (Seal) 3y:---,??? Deputy REQUESTING PARTY: Name WILLIAM T. MOLCZAN, ESQ. Address: WELTMAN, WEINBERG & REIS CO., L.P.A., 1400 KOPPERS BUILDING, 436 SEVENTH AVENUE, PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 47437 C7 N O ::.? yi rn CD x 2 ?v r- z r ° 3 -7 C? no cz IN THE COUF. " OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION IN'TERNATiONAL PORTFOLIO IN Piai,'.tiff vs. MARGARET L DU!" Defendant(s) ? ?a4jusl At i7b/3 MEMBERS IST FCi) Gi :rmshee(s.t 1711 S" fT' J " C a d F5Ae I A4-, 903 No. 08-5866 CIVIL PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. 447437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 13-` 19 (412) 434-7955 6Y/ 33 r 71!'. SO C,4 IS 3, 6b Cos'rs ><70 oa ?r 5 3 7 S'6 ? ,. sly'-`'L' 37 03 r 4 So WWR No. 6431630c,t`o7. VuL 6 9.5-6 j) tL e 4-4- IT, THE C(.Ij,_ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INIT ,NATIONAL ,POPTFOLIO IN Plaintiff vs. Civil Action No. 08-5866 CIVIL MARGARET L DUFF Defendant(s) MEMBERS 1 ST FC ` I Garnishee(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHGNOTARY: Kindly is-jc a Writ of Execution in the above matter... I . directea to the Sheriff of CUMBERLAND County: 2. against MARGARET L DUFF , Defendant 3 against Ni EMBERS I ST FCU,, , Garnishee 4. Judgr,,et.( Amount $ $3,365.96 Less Payments/credits received $ $0.00 Interest $ $77.46 Cost:, SUBTOT,%L: $ $3,443.42 Cost. (to 1,i: added by Prothonotary): $ WELTMAN, WEINBERG & REIS CO., L.P.A. By: /M1' William T. Molczan, quire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6431630 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?1??tp of 4« +br tryo OF THE PRU'l hWiU rht. , 2011 SEP 13 AM 9: 11 Richard W Stewart Solicitor OFF..: Ft?- CUMBERLAND COUNTY PENNSYLVANIA International Portfolio Inc. vs. Margaret L. Duff Case Number 2008-5866 SHERIFF'S RETURN OF SERVICE 09/09/2011 09:50 AM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to KRISTAL LUCKEY, MEMBER SERVICE REP, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on September 12, 2011 to Margaret L. Duff at 135 Elm Street, Carlisle, PA 17013. SO ANSWERS, September 12, 2011 RON R ANDERSON, SHERIFF 1 g.V Ama a Cobuagh, ep y !c) CQumyswe Shenff Te eoaott. tr,c. r , IN THE COL RT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff Civil Action No. 08-5866-CIVIL' It'.ARGA`•'1.1 L DL{Ff Defe,,dant ==C-- MEMBERS I ST FCU - G-r.>>hee PRAFC'IPZ FOR JUDGMENT AGAINST GARNISHEE TO TI IE PROTHONOTARY: FO oo? Awl Kindly ent,.r Judgment against the Garnishee, MEMBERS I ST FCU , in the am.-:»!t of $StEEE, calculated bel,.•w, wl„ch is less than the amount the Defendant owes to Plaintiff and which amount Garnishee has admitted owing to tl-e Defend ant in answers to Interrobatories. Amoura Due: $3,365.96 -'st: $ 77.E+6 Cc;St,;: $ .^.69.0 TC',TAL: $3,'12.92 -,'3ERG & REIS CO., L.P.A. BY? -- Matthew D. UrI,,'m, Esquire PA I.DJI'90963 Weitman, Weinberg; & Reis Co., P.A. 1400 Koppers B[Ig. 436 Seventh Av muc 14.00 A A Pittsburgh, PA 15219 OlAa (412) 434-7955 C k-1* 16 SSOy g WWR#6431630 Q1,,1A 01?OIo 3a3 hereb.,, certif) that to, adores:, of ti,e Plaintiff i•:: co Welt= '-'leinbe.rg <;z Reis C:).. L 1-A., 141,'x) Koppers !',Udding, 4:,6 7°i Avenue, Pittsburgh, PA 15219 A.(i Ll:,-!', th? .,t kno,vn address of the Gz:rnish::' is: -,')00 Lru',:e Drive. P.O. 3oa 40, Mechanicsburg, PA 17055 FIL R-CFFI, r-, r Cc j TA 11! ?!3 .10, CU'%11ERL,4,VD C????t ;, ?EngS QV COU RECE"D SEP 0 9 2011) IN THE COl `-=;T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL POR-1 FOLIO IN Plaintiff vs. MARGAI-<,ETL DUFF C cfendant(s MEMBERS 1 ST FC0 Garnishee(s Civil Action No. 08-5866 CIVIL INTERROGATORIES IN ATTACHMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6431630 A I;N THF, (?OU%?T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAi 1`OR i : OLIO IN Plaintiff vs. MARGARE L DUI,',-' Utl%:ndant(s) MEMBERS 1 ST FC(.' Garnishee(s) Civil Action No. 08-5866 CIVIL TO: MEMBERS i ST ; 'CU, 1711 SPRING RD, CARLISLE, PA 17013 RE: iAARGARF7 L ?)JFF, 135 ELM ST, CARLISLE, PA 17013 Sug,zes!,..d t:e,erenc;. loo.: XXX-XX-4147 xxx-xx- IMPORTANT NOTICES TO GARNISHEE! A. Yoi: are r•.°.auired to file answers to the following interrog.,Aories within twenty (20) days after service upon ? ou. 1,?:ailur€? to do so may result in Judgment against you. B. Het in, the word "defendant" means any one or more of the defendants against whom the writ of Execution is issued. C. While service of Writ upon the Garnishee attaches all property of the Defendant subject to attachment which is 64en in the hands of the garnishee, it also attaches all property of the defendant which comes into the Garnishee's possession thereafter, until Judgment is entered against the Garnishee. For example, the resultant liability of a Garnishee-Ba.nk would not be measured by the balance in the debtor's account, either at the time of service of tihc Wi-it or at the time of Judgment against the Garnishee, but rather by the amounts deposited and withdrawn during; the +ntervening period. WWR No. 6431630 ,4. , INTERROGATORIES IN ATTACHMENT 1. At the time you were served or at any subsequent time did you owe the defendant any money or wen: you liable to hun on any negotiable or other written instrument, or did he claim that you owed him any money or v:ere liable to hii;: for any reason (including funds on deposit for checking or savings accounts and certificates of deposit)`r 1?s 1a. lft'ie answer to Inteloga-tory l is in the affirmative, state the following: the amount of m.>nry you owc ?-)- ov;ed to defendant; and, if such money is in the form of a fund, the present location thereof; the terms, face amowit and amount you owe or owed to defendant on each of such negotiable or other written instruments and the nreseat location of each of such instruments; the amount or amounts that defendant claims or claimed that you owe or owed to him; and the nature and amount of each of such liabilities. Acct 1S°I - $I?, i V . oo - bdariefi C,"P I OC& 2 At th,, time you were served or at any subsequent time was there in your possession, custody or control cf yourself --end (.ne or more other persons any property of any nature owned solely or in part by the defendant. no 3. At tl-, time you were served or at any subsequent time did you hold legal title to any property of any mature owned solely k-;:• part by the defendant or in which defendant held or claimed any interest? 11)0 11. At the tine you were served or at any subsequent time did you hold as fiduciary any property in which the defendant haj- an interest? M 5. At any time before or after you were served, did the defendant transfer or deliver any property to you or to any person or-place pursuant to your directions or consent and if so what was the consideration thereof? no 6. At anv time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to his direction or otherwise discharge any claim of the defendant against you? ?)o If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and Nviuch sire identified as being funds that upon deposit are exempt from execution, levy or attachm?,nt under Penl'syl ania or federal law? If so, Identify each account and state the reason for the exemption, the nano, n, being withheld under each exemption and the amount of funds in each account, and the entity eleciroui.;ally depositinc those funds on a recurring basis. no WWR No. 6431630 .. If vo,.i are ;t bank or other financial institution, at the time you were served or at any subsequent time did the dcfendavtt have funds on deposit in an account in which the funds on deposit, not including any othc:rwisc: exempt tends, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify e ±ch accrn:n'. 00 9. If the an?.wer to Interrogatory I is in the affinnative, state the date the sheriff served these inlerroLlatones on this: institution. qM, I 10. If the answer to Interrogatory I is in the affirmative, state the date the written instrument, checking or savings account, certificate of deposit, or other funds were frozen, restricted, or otherwise put on hold by this institution. II. If tho re,•r once to Interrogatory 7 is in the affirmative, are other funds comingled in the account which a; c not depo•.itr,u e1cctronically on a recurring basis and which are identified as being funds that upon deposit are exempt from exc: ution, levy or attachment under Pennsylvania or federal law? tiIA 12. If th,, response to Interrogatory I 1 is in the affirmative, state the amount of non-exempt funds on deposit in th., account nl WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molczan, Esq!f PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6431630 VERIFICATION The undersigned,' does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsv/om falsific;Ation:. to authorities, that he/she is ?(#U Q _ (Name) garnishee herein, Title) (Company) that he/she is duly authorized to make this verification, and that the facts set forth Iii the foregoing Answers to InterroL;ato;•ies are true and correct to the best of his/her knowledge, information and belief. (SIGN TURE) WWR No. 6431630 iN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN1A CIVIL DIVISION IN rFRNATIONAL PORTFOLIO INC Plaintiff vs. Cavil Action No, 08-5866-CIVIL P.i :1,0ARET L DUFF Defendant MEMBERS IST FCU Garnishee MEMBERS ,ST FCU 5000 LOUISE. DRIVE P.O. -wX !0 i IA; 1C53URG, 1'A 17055 NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff ( ) Defendant (xx) Garnishee You cre hereby notified that the following Order or Judgment was entered against you C.n (xx, Assumpsit 'udgmerit in the amount of $3,7i;.?22 plus costs. 1 Trespas?. Judgmem in the amount of $--- plus costs. ( ) If not satisfied ,,ithin sixty (60) days, your moto-, ve,')icic _Yperator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Orc'!°r ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitrati: n Award Prothonotarv PRO I; IONDTARY (OR DEPUTY) SHERIFF'S OFFICE QF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ????tit? ?t ?trniGerla?d FILED-OFFICC } THE PQ TH NDTAFty ^011 NOV 17 AM to: 46 Richard W Stewart Solicitor CUMBERLAND COUN f Y PENNSYLVANIA International Portfolio Inc. VS. Margaret L. Duff SHERIFF'S RETURN OF SERVICE Case Number 2008-5866 09/09/2011 09:50 AM - Amanda Cobaugh, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, 1711 Spring Road, North Middleton Township, Carlisle, PA 17013, Cumberland County, by handing to KRISTAL LUCKEY, MEMBER SERVICE REP, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on September 12, 2011 to Margaret L. Duff at 135 Elm Street, Carlisle, PA 17013. 11/03/2011 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $153.70 SO ANSWERS, November 15, 2011 RON R ANDERSON, SHERIFF C . 5'y3/3 (_c? CoumySuito Sherd. Teleo.=.oft. Inc.