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HomeMy WebLinkAbout08-5870i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff VS. DESIRAE FISHER Defendant No. Q? S?7Q 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#06433030 ¦ : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. Civil Action No. DESIRAE FISHER 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 attomey 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 T COMPLAINT 1. 33028. 2. 17013. Plaintiff is a corporation with offices at 2171 NW 139 TERR, PEMBROKE PINES, FL Defendant is an adult individual residing at 175 E SOUTH STREET, CARLISLE, PA COUNT I - ACCT NO. 9324886 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, DESIRAE FISHER, 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, DESIRAE FISHER, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, DESIRAE FISHER, in the amount of $2317.77 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, DESIRAE FISHER, in the amount of $2317.77 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 -9353773 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, DESIRAE FISHER, received and accepted the aforementioned medical services which were provided by Plaintiff's assignor 13. The prices charged by Plaintiffs assignor were the prices that Defendant, DESIRAE FISHER, agreed to pay. 14. Plaintiff avers that there is a balance due and owing from Defendant, DESIRAE FISHER, in the amount of $688.33 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, DESIRAE FISHER, in the amount of $688.33 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 -9339441 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, DESIRAE FISHER, 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, DESIRAE FISHER, agreed to pay. 21. Plaintiff avers that there is a balance due and owing from Defendant, DESIRAE FISHER, in the amount of $620.51 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, DESIRAE FISHER, in the amount of $620.51 as to Count III, with continuing interest thereon at the rate of 6% per annum from SEPTEMBER 19.2008 and costs. COUNT IV: ACCOUNT NO -9335485 24. At the specific instance and request of Defendant, CARLISLE REGIONAL MEDICAL CENTER provided certain medical services to Defendant. 25. This obligation was subsequently assigned to Plaintiff for value. 26. Defendant, DESIRAE FISHER, received and accepted the aforementioned medical services which were provided by Plaintiff's assignor 27. The prices charged by Plaintiff's assignor were the prices that Defendant, DESIRAE FISHER, agreed to pay. 28. Plaintiff avers that there is a balance due and owing from Defendant, DESIRAE FISHER, in the amount of $612.91 as of SEPTEMBER 19, 2008. 29. Plaintiff claims interest at the legal rate of six (6%) percent per annum from SEPTEMBER 19, 2008. 30. 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, DESIRAE FISHER, in the amount of $612.91 as to Count IV, with continuing interest thereon at the rate of 6% per annum from SEPTEMBER 19.2008 and costs. COUNT V: ACCOUNT NO -9335632 31. At the specific instance and request of Defendant, CARLISLE REGIONAL MEDICAL CENTER provided certain medical services to Defendant. 32. This obligation was subsequently assigned to Plaintiff for value. 33. Defendant, DESIRAE FISHER, received and accepted the aforementioned medical services which were provided by Plaintiff's assignor 34. The prices charged by Plaintiff's assignor were the prices that Defendant, DESIRAE FISHER, agreed to pay. 35. Plaintiff avers that there is a balance due and owing from Defendant, DESIRAE FISHER, in the amount of $498.21 as of SEPTEMBER 19, 2008. 36. Plaintiff claims interest at the legal rate of six (6%) percent per annum from SEPTEMBER 19, 2008. 37. 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, DESIRAE FISHER, in the amount of $498.21 as to Count V, totaling $4737.73 for Counts IN 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. M ZAN, 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#:06433030 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: FISHER, DESIRAE F/C: P P/T: E A/C: 9324886 DSC CODE: 01 TO: FISHER, DESIRAE ADMISSION: 11/07/05 DISCHARGE: 11/07/05 175 E SOUTH STREET CARLISLE PA 17013 D E P A R T M E N T A M O U N T 44.59 104.32 1,141.48 66.66 960.72 2,317.77- ----------------------------------------------------------------------------- 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 1 06/13/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 06/12/08 351 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- -------- ------------------------------------------------------------------ PATIENT: FISHER, DESIRAE F/C: P P/T: E A/C: 9353773 DSC CODE: 01 TO: FISHER, DESIRAE ADMISSION: 11/08/06 DISCHARGE: 11/08/06 175 E SOUTH STREET CARLISLE PA 17013 D E P A R T M E N T A M O U N T 16.88 97.90 573.55 688.33- ----------------------------------------------------------------------------- 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 36l'ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ------ -------- ------------------------------------------------------------------ PATIENT: FISHER, DESIRAE F/C: P P/T: E A/C: 9339441 DSC CODE: 01 TO: FISHER, DESIRAE ADMISSION: 05/16/06 DISCHARGE: 05/16/06 175 E SOUTH STREET CARLISLE PA 17013 D E P A R T M E N T A M O U N T 15.20 31.76 573.55 620.51- ----------------------------------------------------------------------------- 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: FISHER, DESIRAE F/C: P P/T: E A/C: 9335485 DSC CODE: 01 TO: FISHER, DE.SIRAE ADMISSION: 03/29/06 DISCHARGE: 03/29/06 175 E SOUTH STREET CARLISLE PA 17013 D E P A R T M E N T A M O U N T 7.60 31.76 573.55 612.91- ----------------------------------------------------------------------------- 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: FISHER, DESIRAE F/C: P P/T: E A/C: 9335632 DSC CODE: 01 TO: FISHER, DESIRAE ADMISSION: 03/30/06 DISCHARGE: 03/30/06 175 E SOUTH STREET CARLISLE PA 17013 D E P A R T M E N T A M O U N T 22.77 475.44 498.21- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT VDETAIL 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. .&i ?Z ? (Signature) WWR# V _ 1 VJ i • ?,i „fir ` •.3? SHERIFF'S RETURN - REGULAR CASE NO: 2008-05870 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTERNATIONAL PORTFOLIO INC VS FISHER DESIRAE ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FISHER DESIRAE the DEFENDANT , at 0014:00 HOURS, on the 8th day of October at 175 E SOUTH STREET CARLISLE, PA 17013 by handing to DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge J0/1 Shy So Answers: 18.00 5.00 .00 10.00 R. Thomas Kline .00 u/ 33.00 10/09/2008 WELTMAN WEINBERG & REIS Sworn and Subscibed to before me this of 2008 By: -4z?rD?,? 1? ?? ?EL day Deputy Sheriff A.D. .t w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. No.08-5870 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT DESIRAE FISHER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esq. PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR906433030 Judgment $4737.73 so I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. DESIRAE FISHER Defendant Civil Action No. 08-5870 CIVIL PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, DESIRAE FISHER, in the amount of $4737.73 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff DESIRAE FISHER, By Defendant d??4 WWR406433030 Judgment $4737.73 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff VS. Civil Action No. 08-5870 CIVIL DESIRAE FISHER Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, DESIRAE FISHER, above-named, in the amount of $4737.73 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $4737.73 with continuing interest thereon at a rate of 6% per annum plus costs from date of judgment. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, DESI RAE FISHER, in the amount of $4737.73 plus continuing interest thereon at the rate of 6% per annum from date of judgment and costs. 3. Plaintiff agrees not to execute I'on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $150.00 due by NOVEMBER 30TH, 2008; (b) $150.00 due on the 30TH day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "INTERNATIONAL PORTFOLIO INC." 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., P.O. BOX 5430, Cleveland, OH 44101-0430. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this ? , day of? , 20 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esq. PA I.D. 4490963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 06433030 By: 00 00 ;F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. DESIRAE FISHER Defendant DESIRAE FISHER 175 E SOUTH STREET CARLISLE, PA 17013 Civil Action No. 08-5870 CIVIL NOTICE OF XUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $4737.73 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary By: &4? PR HON OR D PUTY) WU,'J,TMAN, WEINBER & REIS CCU... L.P.A. BY: Sarab F. Ebasz, Esquire 1,D. No.86,169 436 Seventh ."ven.,e, Suite 1.400 Pittsburgh, PA ; `"219 Phone: 412.434.7955 Fax: 412.434.7959 File # 6433030 INTERNATIONAL ?PORTFOLIO INC. vs. ii IS I RAL FISHER a-a ?C_l?F! ?d'I f4 1 1 ?? Attorney for PlaintifAil I Or, T 21 PM 12. 0 5) Cumberland County Court of Common Pleas NO. 08-5870 CIVIL PRAECIPE 1,'OR SATISF'A ^TION OF JUDGMENT T-.1 ME PROTHONOTARY: Please k;ndly ; '.;fy tS1e !udgment of the above-captioned natter upon the i :cords of the Court and ;nark ;;le cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sarah F. F,hasz, Esquire Attorney or Plaintiff Sv,/o%n to aria subscribed Bef),e me t e I)r/+ r,fOct,;bcr, 2011 ARY LIs 418.66 ?CL IQ_91 CK-11 ?or9.?zG7 ?? au28?