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HomeMy WebLinkAbout08-5881IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff No. VS. KATHY R BALLOTS Defendant COMPLAINT IN CIVIL ACTION 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 15219 (412) 434-7955 WWR406432954 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff VS. Civil Action No. KATHY R BALLOTS 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 16 QUARRY HILL ROAD, NEWVILLE, PA 17241. COUNT I - ACCT NO. 9299520 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, KATHY R BALLOTS, 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, KATHY R BALLOTS, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, KATHY R BALLOTS, in the amount of $4005.22 as of SEPTEMBER 18, 2008. Plaintiff claims interest at the legal rate of six (6%) percent per annum from SEPTEMBER 28, 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, KATHY R BALLOTS, in the amount of $4005.22 as to Count I, with continuing interest thereon at the rate of 6% per annum from SEPTEMBER 18, 2008 and costs. COUNT 11: ACCOUNT NO -7485223 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, KATHY R BALLOTS, 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, KATHY R BALLOTS, agreed to pay. 14. Plaintiff avers that there is a balance due and owing from Defendant, KATHY R BALLOTS, in the amount of $155.77 as of SEPTEMBER 18, 2008. 15. Plaintiff claims interest at the legal rate of six (6%) percent per annum from SEPTEMBER 18, 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, KATHY R BALLOTS, in the amount of $155.77 as to Count Il, totaling $4160.99 for Counts I & II with continuing interest thereon at the rate of 6% per annum from SEPTEMBER 18, 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(CCZAN, 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#:06432954 06/12/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES AS ODA06/11/08D. 858 CARLISLE REGIONAL MEDICAL CTR 361 ALEXANDER SPRING RD CARLISLE PA 17015---PHONE-(717)-960_1680-- _ --------------------------------- PATIENT: BALLOTS, KATHY R F/C: P P/T: E A/C: 9299520 DSC CODE: 01 TO: BALLOTS, KATHY R ADMISSION: 12/20/04 DISCHARGE: 12/20/04 16 QUARRY HILL RD NEWVILLE PA 17241 DEPARTMENT AMOUNT 706.63 3,868.82 869.77 5,445.22- ----------- ---------------------------------------- TOTAL 0.00 * * DATE/MDCY= * TO/MDCY= SELECT: REV= * DEPT= CHGCD= CMD:1=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD _r - rlA17 COID: 858 12/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES AS OF 06/11/08 CARLISLE REGIONAL MEDICAL CTR 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717)-960_1680-- ----------------------------------------------- PATIENT: BALLOTS, KATHY R A/C: 745223 04/11/05 T0: BALLOTS, KATHY R 16 QUARRY HILL RD NEWVILLE PA 17241 D E P A R T M E N T A M O U N T 155.77 155.77- ------------- --------------------------- TOTAL 0.00 = SELECT: REV= * DEPT= * CHGCD= * ?ARETURNY8=BACKWARD, TO/MDCYENTER=FORWARD CMD:I=DAR,2=PAT 4=DETAIL 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. _ Q,C,1 (Signature) W WR# u 4 c { -Dr 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-05881 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTERNATIONAL PORTFOLIO INC VS BALLOTS KATHY R SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BALLOTS KATHY R the DEFENDANT , at 1321:00 HOURS, on the 18th day of October , 2008 at 16 QUARRY HILL ROAD NEWVILLE, PA 17241 TOM BALLOTS. HUSBAND by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 24.00 Affidavit .00 Surcharge 10.00 9, .00 52.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/20/2008 WELTMAN WEINBE REIS By: puty e ff of A. D. •! "%F:\FILES\Cb"\12383 BaWts\12383.6.eppearmce.wpd Crested: 920104 0:06PM Revised: 1115108 9:59AM 12383.6 Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant INTERNATIONAL PORTFOLIO INC., IN THE COURT OF COMMON PLEAS IN Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5881 CIVIL ACTION - LAW KATHY R. BALLOTS, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER on behalf of Defendant Kathy R. Ballots in the above-referenced matter. Defendant hereby demands a twelve juror jury trial in the above-captioned action. MARTSON LAW OFFICES By Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 5, 2008 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: William T. Molczan, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 MARTSON LAW OFFICES By ' Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 5, 2008 c7 C-- "a w t? -el rT, C:D C-M F:\FILESTliients\12383 Ballots\12383.6.ans.wpd Created: 9/20/04 0:06PM Revised: 12/17/08 4:21PM 12383.6 Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant INTERNATIONAL PORTFOLIO INC., Plaintiff IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY, PENNSYLVANIA V. KATHY R. BALLOTS, Defendant NO. 2008-5881 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: INTERNATIONAL PORTFOLIO INC., PLAINTIFF c/o James C. Warmbrodt, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, 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. MARTSON LAW OFFICES Date: December 18, 2008 F:\FILES\CGents\12383 Ballots\12383,6.ans.wpditde By HubertX. roy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant INTERNATIONAL PORTFOLIO INC., Plaintiff IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY, PENNSYLVANIA V. KATHY R. BALLOTS, Defendant NO. 2008-5881 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Kathy R. Ballots, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiffs Complaint as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 2. Admitted. COUNT I - ACCOUNT NO. 9299520 3. Admitted in part and denied in part. It is admitted that Carlisle Regional Medical Center provided certain medical services to Defendant, but it is denied that such medical services were provided at the specific instance and request of Defendant. By way of further response, Defendant incorporates the related facts regarding the provision of medical services on December 20, 2004, as set forth more fully in Defendant's New Matter. 4. Denied. After reasonable investigation, Defendant is without knowledge or information at this time sufficient to form a belief as to the truth or falsity of the averments in this paragraph, and proof thereof is demanded. 5. Admitted in part and denied in part. It is admitted that Defendant received and accepted medical services provided by Carlisle Regional Medical Center, but the existence of any relationship of assignment between Carlisle Regional Medical Center and Plaintiff is denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph relating to any relationship of assignment between Carlisle Regional Medical Center and Plaintiff, and proof thereof is demanded. 6. Denied. It is denied that Defendant agreed to pay the prices charged by Carlisle Regional Medical Center. By way of further response, the existence of any relationship of assignment between Carlisle Regional Medical Center and Plaintiff is denied. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph relating to any relationship of assignment between Carlisle Regional Medical Center and Plaintiff, and proof thereof is demanded. 7. Denied. It is denied that there is a balance due and owing from Defendant in the amount specified or otherwise. To the contrary, Defendant made payment in the amount of $1,362.00 in full and final satisfaction of the disputed amount allegedly owed on December 13, 2007. A copy of the cancelled check reflecting said payment is attached hereto as Exhibit "A." 8. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response hereto is necessary, the same is denied in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph, and proof thereof is demanded. 9. Denied. It is denied that Plaintiff repeatedly requested payment of any balance allegedly due or that Defendant wilfully failed or refused to pay any balance allegedly due. To the contrary, Defendant made payment in the amount of $1,362.00 in full and final satisfaction of the disputed amount allegedly owed on December 13, 2007. A copy of the cancelled check reflecting said payment is attached hereto as Exhibit "A." WHEREFORE, Defendant Kathy R. Ballots respectfully requests that this Honorable Court enter judgment in her favor and against International Portfolio, Inc., and dismiss Plaintiff's- Complaint with prejudice. COUNT II - ACCOUNT NO. 7485223 10. Admitted. 11. Denied. After reasonable investigation, Defendant is without knowledge or information at this time sufficient to form a belief as to the truth or falsity of the averments in this paragraph, and proof thereof is demanded. 12. Admitted in part and denied in part. It is admitted that Defendant received and accepted medical services provided by Carlisle Regional Medical Center, but the existence of any relationship of assignment between Carlisle Regional Medical Center and Plaintiff is denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph relating to any relationship of assignment between Carlisle Regional Medical Center and Plaintiff, and proof thereof is demanded. 13. Denied. It is denied that Defendant agreed to pay the prices charged by Carlisle Regional Medical Center. By way of further response, the existence of any relationship of assignment between Carlisle Regional Medical Center and Plaintiff is denied. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph relating to any relationship of assignment between Carlisle Regional Medical Center and Plaintiff, and proof thereof is demanded. 14. Denied. It is denied that there is any balance due and owing from Defendant in the amount specified or otherwise. To the contrary, Defendant made payment in the amount of $78.00 in full and final satisfaction of the disputed amount allegedly owed on December 12, 2007. A copy of the cancelled check reflecting said payment is attached hereto as Exhibit "B." 15. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response hereto is necessary, the same is denied in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph, and proof thereof is demanded. 16. Denied. It is denied that Plaintiff repeatedly requested payment of any balance allegedly due or that Defendant wilfully failed or refused to pay any balance allegedly due. To the contrary, Defendant made payment in the amount of $78.00 in full and final satisfaction of the disputed amount allegedly owed on December 12, 2007. A copy of the cancelled check reflecting said payment is attached hereto as Exhibit "B." WHEREFORE, Defendant Kathy R. Ballots respectfully requests that this Honorable Court enter judgment in her favor and against International Portfolio, Inc., and dismiss Plaintiffs Complaint with prejudice. NEW MATTER 17. Paragraphs 1 through 16 are incorporated by reference as though fully set forth herein. 18. Plaintiff International Portfolio Inc., has failed to state a cause of action against Defendant Kathy R. Ballots. 19. Defendant denies that there is any balance due and owing on the two separate accounts, either in the amounts specified by Plaintiff or otherwise. 20. Defendant received medical services at Carlisle Regional Medical Center on or about December 20, 2004, for possible exposure to rabies. 21. Prior to receiving any medical treatment, Defendant informed representatives of Carlisle Regional Medical Center that she was without health insurance and that she wished to defer any medical treatment for possible exposure to rabies for a period of up to three days until her veterinarian could confirm whether she had in fact been exposed to rabies or not. 22. At the insistence of representatives of Carlisle Regional Medical Center, Defendant was treated with approximately five (5) injections for exposure to rabies without being advised as to the cost of the treatment. 23. The following day, Defendant was informed by the laboratory used by her veterinarian that she had in fact not been exposed to rabies. 24. Defendant subsequently received additional and unrelated medical services at Carlisle Regional Medical Center on or about April 11, 2005, for a routine mammography exam without being advised as to the cost of the treatment. 25. On December 12, 2007, approximately three years after the first of such medical services were rendered, Defendant received a telephone call from a representative of International Portfolio Inc., regarding the outstanding balance allegedly due on the two separate accounts. 26. The representative of International Portfolio Inc., advised Defendant at that time that she owed a balance of approximately $5,400.00 on one account and approximately $155.00 on another account. 27. Defendant disavowed the debt at the time, advising the representative of International Portfolio Inc., that the debt was disputed. 28. Defendant and the representative of. International Portfolio Inc., agreed to an arrangement whereby Defendant would make payments on the disputed debt in the amounts of $1,362.00 and $78.00 in full and final satisfaction of the amounts allegedly owed. 29. Pursuant to the terms of the agreement, and as illustrated by the cancelled checks attached hereto as Exhibits "A" and "B," Defendant has rendered payments in the aforesaid amounts to Weltman, Weinberg & Reis, counsel for Plaintiff, in full and final satisfaction of the disputed debts on December 12, 2007, and December 13, 2007, achieving accord and satisfaction. 30. Plaintiff s action in accepting Defendant's funds without protest constitutes an accord and satisfaction and requires dismissal of Plaintiff s action with prejudice. 31. Plaintiff s action is barred by the applicable statute of limitations. WHEREFORE, Defendant Kathy R. Ballots respectfully requests that this Honorable Court enter judgment in her favor and against International Portfolio, Inc., and dismiss Plaintiff's Complaint with prejudice. MARTSON LAW OFFICES By Hubert X. Gi , Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 18, 2008 Attorneys for Defendant R-CEED PAPER a RECYCLABLE ???ex Page 1 of 1 SATffr R d4LWT3 C bmk No. M ' la a?nnerxnz no f 'YW PA 17241 Dmentes 13, 2007 1 1 Pav To The I 01dcr of Wa x Weisberg & i One Teo ,c UM &g" & =Two and OW16V _ lav"S ? ORRS1t7W,4 BANK 77AX=3r. MWPVtSK.WG. PA "TRY R EA.LMS ? bbtc?t?? 1 Wettmo. i? eafi For Acct?:dON% Any Qucst 6?j 801-2600 ? y ? ti1YIN}?.?:;:A.'??:.'?.'•?t?Z? O J https:,'I,%ww. netteller. com/orrstownIDeliverContent.cfm?PragmaNoCache=0&File=%2Ft... 10/20/2008 Exhibit "A" iJ ?<< ?;, k? ???ti? Page 1 of 1 KATHY R MLWI S Check No. 1468 Id GErm"mu AD M%'VgU PA [ nil Decemba 12, 2007 Pry TO -I-= Orda 0f we aff, n2 d. R [, 1$ , smahl--Ekw ad ""16 DOLLARS ORRSTOWN 9 IVX 771 MC ST snirrtVMW, FA KATHY R $,+ MOTS 1iYelrmaa. Wftbet & Reis For A=0;64316M Any Questiou. C? (614) 801.2600 0100000C78000, https:lr %-w-w. netteller.comlorrstown/DeliverContent.cfm?PragmaNoCache=0&File=%2Ft... 10/20/2008 Exhibit "R" VERIFICATION The foregoing Answer to Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I maybe subject to criminal penalties. F:IFILESTfients\12383 BaOots\12383.6.veri6cationl CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: James C. Warmbrodt, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 MARTSON LAW OFFICES Byt Lwu C?-- ? . y C Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 18, 2008 tr n - ? ?' i ? Ms -i ?.n f.? :--4. 1f;; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INTERNATIONAL PORTFOLIO, INC., CIVIL DIVISION Plaintiff, V. NO: 2008-5881 KATHY R. BALLOTS, PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Defendant. FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: James C. Warmbrodt, Esquire Pa. I.D. # 42524 Lyndsay E. Rowland, Esquire Pa. I.D. # 205520 WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 6432954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INTERNATIONAL PORTFOLIO, INC., CIVIL DIVISION Plaintiff, V. KATHY R. BALLOTS, Defendant. NO: 2008-5881 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, International Portfolio, Inc., by and through its counsel, Weltman, Weinberg, & Reis Co., L.P.A., and files the following Reply to Defendant's New Matter, averring as follows: NEW MATTER 17. Paragraph 17 is an incorporation paragraph to which no response is required. 18. Paragraph 18 is a conclusion of law to which no response is required. 19. Denied. Plaintiff has provided documentation showing Defendant owes certain outstanding amounts. Strict proof to the contrary is demanded at the time of trial. 20. Plaintiff is without sufficient information to form a belief as to the truth or falsity of this averment and it is therefore denied. 21. Plaintiff is without sufficient information to form a belief as to the truth or falsity of this averment and it is therefore denied. 22. Plaintiff is without sufficient information to form a belief as to the truth or falsity of this averment and it is therefore denied. 23. Plaintiff is without sufficient information to form a belief as to the truth or falsity of this averment and it is therefore denied. 24. Plaintiff is without sufficient information to form a belief as to the truth or falsity of this averment and it is therefore denied. 25. Admitted. 26. Admitted. 27. Denied. It is denied that Defendant claimed debt was disputed. Strict proof to the contrary is demanded at trial. 28. Denied. Plaintiff's representative did not make any agreement with Defendant. Strict proof to the contrary is demanded at the time of trial. 29. Admitted in part and denies in part. It is admitted that the Defendant made the two payments which are referenced. However, it is strictly denied that an settlement agreement was ever reached with the Defendant. Rather, Defendant made these payments of her own accord. Strict proof to the contrary is demanded at the time of trial. 30. Denied. To the contrary, the acceptance of the funds paid by the Defendant was done to attempt to recover those funds due and owing to the Plaintiff, which the balance is still outstanding and still due. Strict proof to the contrary is demanded at the time of trial. 31. Paragraph 31 is a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in favor of the Plaintiff and against the Defendant. Respectfully Submitted, C Jam C. Wa b odt, Esquire Pa. M. # 425 Lyndsay E. Rowland, Esquire Pa. I.D. # 205520 WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 6432954 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Reply to Defendant's New Matter has been sent to the following parties by first class, U.S. Mail, postage prepaid, this 3?1 day of MAR j.LN , 2009, as follows: Trudy E. Fehlinger, Esquire Martson Law Offices 10 East High Street Carlisle, Pa 17013 WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 6432954 Lyndsay E. Rowland, Esquire Pa. I.D. # 205520 FILED-OFF'a CF T !'ROTK)NI4TARY M9 APR -3 PM 1: 58 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO, INC, Plaintiff, vs. KATHY R. BALLOTS, Defendant. Case No.: 2008-5881 MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E. Rowland, Esquire PA I.D. #205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 06432954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO, INC, Plaintiff, Case No.: 2008-5881 VS. MOTION FOR SUMMARY JUDGMENT KATHY R. BALLOTS, 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: 1. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of $4,160.99 with interest at the interest rate of 6% per annum from September 18, 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 about May 12, 2009, 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. Defendant served upon Plaintiff her Answers to the discovery demands. A true and correct copy of the same is attached hereto as Exhibit "D" and made a part hereof. WWR No. 06432954 6. Within Defendant's responses to the Plaintiff Requests for Documents, Defendant produces no documents besides the two checks she mailed to Plaintiff's Counsel for amounts that do not total the balance she was being sued for. 7. Defendant admits to having received services at Carlisle Regional Medical Center on two different occasions. 8. Defendant admits that she did not pay for the services at the time they were rendered. 9. The issue here is whether the Defendant received certain medical services from Carlisle Regional Medical Center which she has failed to pay for. 10. Within Defendant's pleadings and her answers to the requests for admissions, she has answered both of those questions in the affirmative. 11. There is no genuine issue of material fact left to determine in this action. 12. Bald unsupported assertions of conclusory accusations cannot create a genuine issue of material fact to preclude the entry of summary judgment. McCain vs. Pennbank, 379 Pa. Super. 313, 549 A.2d 1311 (1988); Golaschevsky vs. Commonwealth, Department of Environmental Resources, 683 A.2d 1299, 1302 (Pa. Cmwlth., 1996). 13. Defendant's claim that she made a payment of an amount which is less than the amount she is being sued for does not act as a defense to whether she is liable for certain outstanding sums to Plaintff. 14. There are no meritorious defenses against this action and Plaintiff is entitled to summary judgment as a matter of Law against defendant. WWR No. 06432954 WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant summary judgment in favor of Plaintiff and against Defendant for $4,160.99 with interest at the legal interest rate of 6% per annum from September 18, 2008, and costs. Respectfully Submitted: PA I.D. W205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 06432954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. n Plaintiff No. vs. KATHY R BALLOTS 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#06432954 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. Civil Action No. KATHY R BALLOTS 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 l . Plaintiff is a corporation with offices at 2171 NW 139 TERR, PEMBROKE PINES, FL 33028 . 2. Defendant is an adult individual residing at 16 QUARRY HILL ROAD, NEWVILLE, PA 17241. COUNT I - ACCT NO. 9299520 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, KATHY R BALLOTS, 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, KATHY R BALLOTS, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, KATHY R BALLOTS, in the amount of $4005.22 as of SEPTEMBER 18, 2008. Plaintiff claims interest at the legal rate of six (6%) percent per annum from SEPTEMBER 28, 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, KATHY R BALLOTS, in the amount of $4005.22 as to Count I, with continuing interest thereon at the rate of 6% per annum from SEPTEMBER 18, 2008 and costs. COUNT II: ACCOUNT NO -7485223 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, KATHY R BALLOTS, 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, KATHY R BALLOTS, agreed to pay. 14. Plaintiff avers that there is a balance due and owing from Defendant, KATHY R BALLOTS, in the amount of $155.77 as of SEPTEMBER 18, 2008. 15. Plaintiff claims interest at the legal rate of six (6%) percent per annum from SEPTEMBER 18, 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, KATHY R BALLOTS, in the amount of $155.77 as to Count II, totaling $4160.99 for Counts I & II with continuing interest thereon at the rate of 6% per annum from SEPTEMBER 18, 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. c? WILLIAM T. MPLCZAN, 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#:06432954 06/12/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 AS OF 06/11/08 CARLISLE REGIONAL MEDICAL CTR 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE-(717)-960_1680-- ---- ----- -- ------------------------------------------------ PATIENT: BALLOTS, KATHY R ADMISSION: 9299520 DS 102/20/04 T0: BALLOTS, KATHY R 16 QUARRY HILL RD NEWVILLE PA 17241 A M O U N T DEPARTMENT 706.63 3,868.82 869.77 5,445.22- -------------- ---------------------------------------- TOTAL 0.00 SELECT: REV= DEPT= * CHGCD= DATE/MDCY= * TO/MDCY= * CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,B=BACKWARD, ENTER=FORWARD r- -- AS OF 17. C COI08D: 858 12/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 CARLISLE REGIONAL MEDICAL CTR 361 ALEXANDER SPRING RD CARLISLE PA 17015---PHONE-(717)-960_1680-- ----------------------------------------- PATIENT: BALLOTS, KATHY R A/C: 745223 0CODE 4/11/05 T0: BALLOTS, KATHY R 16 QUARRY HILL RD NEWVILLE PA 17241 p? M O U N T DEPARTMENT 155.77 155.77- ---------------------------------------- TOTAL -------- 0.00 * DATE/MDCY= * TO/MDCY= SELECT: REV= * DEPT= CHGCD= * CMD:1=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsifications to authorities, that she is GAIL WOOD (Name) DIRECTOR of Customer Care of INTERNATIONAL PORTFOLIO INC., plaintiff (Title) (Company) herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. (Signature) WWR# F:\FILES\Clieots\I2383 8a9ots\I2383.6.am.wpd Crated: 9/20/04 0:06PM Revixd: 12/17/08 4:21PM 12383.6 Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant INTERNATIONAL PORTFOLIO INC., Plaintiff V. KATHY R. BALLOTS, Defendant IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5881 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: INTERNATIONAL PORTFOLIO INC., PLAINTIFF c/o James C. Warmbrodt, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, 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. MARTSON LAW OFFICES Date: December 18, 2008 FARLES\COats\12383 Bd1ots\12383.6.aas.wpdhde By Hubert X. roy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 .,- KC Y1 Attorneys for Defendant Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire ' I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant INTERNATIONAL PORTFOLIO INC., Plaintiff IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY, PENNSYLVANIA V. KATHY R. BALLOTS, Defendant NO. 2008-5881 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Kathy R. Ballots, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby responds to Plaintiffs Complaint as follows: After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph. 2. Admitted. COUNT I - ACCOUNT NO. 9299520 3. Admitted in part and denied in part. It is admitted that Carlisle Regional Medical Center provided certain medical services to Defendant, but it is denied that such medical services were provided at the specific instance and request of Defendant. By way of further response, Defendant incorporates the related facts regarding the provision of medical services on December 20, 2004, as set forth more fully in Defendant's New Matter. 4. Denied. After reasonable investigation, Defendant is without knowledge or information at this time sufficient to form a belief as to the truth or falsity of the averments in this paragraph, and proof thereof is demanded. 5. Admitted in part and denied in part. It is admitted that Defendant received and accepted medical services provided by Carlisle Regional Medical Center, but the existence of any relationship of assignment between Carlisle Regional Medical Center and Plaintiff is denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph relating to any relationship of assignment between Carlisle Regional Medical Center and Plaintiff, and proof thereof is demanded. 6. Denied. It is denied that Defendant agreed to pay the prices charged by Carlisle Regional Medical Center. By way of further response, the existence of any relationship of assignment between Carlisle Regional Medical Center and Plaintiff is denied. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph relating to any relationship of assignment between Carlisle Regional Medical Center and Plaintiff, and proof thereof is demanded. 7. Denied. It is denied that there is a balance due and owing from Defendant in the amount specified or otherwise. To the contrary, Defendant made payment in the amount of $1,362.00 in full and final satisfaction of the disputed amount allegedly owed on December 13, 2007. A copy of the cancelled check reflecting said payment is attached hereto as Exhibit "A." 8. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response hereto is necessary, the same is denied in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph, and proof thereof is demanded. 9. Denied. It is denied that Plaintiff repeatedly requested payment of any balance allegedly due or that Defendant wilfully failed or refused to pay any balance allegedly due. To the contrary, Defendant made payment in the amount of $1,362.00 in full and final satisfaction of the disputed amount allegedly owed on December 13, 2007. A copy of the cancelled check reflecting said payment is attached hereto as Exhibit "A." WHEREFORE, Defendant Kathy R. Ballots respectfully requests that this Honorable Court enter judgment in her favor and against International Portfolio, Inc., and dismiss Plaintiffs- Complaint with prejudice. COUNT I1- ACCOUNT NO. 7485223 10. Admitted. 11. Denied. After reasonable investigation, Defendant is without knowledge or information at this time sufficient to form a belief as to the truth or falsity of the averments in this paragraph, and proof thereof is demanded. 12. Admitted in part and denied in part. It is admitted that Defendant received and accepted medical services provided by Carlisle Regional Medical Center, but the existence of any relationship of assignment between Carlisle Regional Medical Center and Plaintiff is denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph relating to any relationship of assignment between Carlisle Regional Medical Center and Plaintiff, and proof thereof is demanded. 13. Denied. It is denied that Defendant agreed to pay the prices charged by Carlisle Regional Medical Center. By way of further response, the existence of any relationship of assignment between Carlisle Regional Medical Center and Plaintiff is denied. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph relating to any relationship of assignment between Carlisle Regional Medical Center and Plaintiff, and proof thereof is demanded. 14. Denied. It is denied that there is any balance due and owing from Defendant in the amount specified or otherwise. To the contrary, Defendant made payment in the amount of $78.00 in full and final satisfaction of the disputed amount allegedly owed on December 12, 2007. A copy of the cancelled check reflecting said payment is attached hereto as Exhibit "B." 15. Denied. The averments in this paragraph constitute conclusions of law to which no response is required. To the extent it is judicially determined that a response hereto is necessary, the same is denied in that after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments in this paragraph, and proof thereof is demanded. 16. Denied. It is denied that Plaintiff repeatedly requested payment of any balance allegedly due or that Defendant wilfully failed or refused to pay any balance allegedly due. To the contrary, Defendant made payment in the amount of $78.00 in full and final satisfaction of the disputed amount allegedly owed on December 12, 2007. A copy of the cancelled check reflecting said payment is attached hereto as Exhibit "B." WHEREFORE, Defendant Kathy R. Ballots respectfully requests that this Honorable Court enter judgment in her favor and against International Portfolio, Inc., and dismiss Plaintiff's Complaint with prejudice. NEW MATTER IT Paragraphs 1 through 16 are incorporated by reference as though fully set forth herein. 18. Plaintiff International Portfolio Inc., has failed to state a cause of action against Defendant Kathy R. Ballots. 19. Defendant denies that there is any balance due and owing on the two separate accounts, either in the amounts specified by Plaintiff or otherwise. 20. Defendant received medical services at Carlisle Regional Medical Center on or about December 20, 2004, for possible exposure to rabies. 21. Prior to receiving any medical treatment, Defendant informed representatives of Carlisle Regional Medical Center that she was without health insurance and that she wished to defer any medical treatment for possible exposure to rabies for a period of up to three days until her veterinarian could confirm whether she had in fact been exposed to rabies or not. 22. At the insistence of representatives of Carlisle Regional Medical Center, Defendant was treated with approximately five (5) injections for exposure to rabies without being advised as to the cost of the treatment. 23. The following day, Defendant was informed by the laboratory used by her veterinarian that she had in fact not been exposed to rabies. 24. Defendant subsequently received additional and unrelated medical services at Carlisle Regional Medical Center on or about April 11, 2005, for a routine mammography exam without being advised as to the cost of the treatment. 25. On December 12, 2007, approximately three years after the first of such medical services were rendered, Defendant received a telephone call from a representative of International Portfolio Inc., regarding the outstanding balance allegedly due on the two separate accounts. 26. The representative of International Portfolio Inc., advised Defendant at that time that she owed a balance of approximately $5,400.00 on one account and approximately $155.00 on another account. 27. Defendant disavowed the debt at the time, advising the representative of International Portfolio Inc., that the debt was disputed. 28. Defendant and the representative of International Portfolio Inc., agreed to an arrangement whereby Defendant would make payments on the disputed debt in the amounts of $1,362.00 and $78.00 in full and final satisfaction of the amounts allegedly owed. 29. Pursuant to the terms of the agreement, and as illustrated by the cancelled checks attached hereto as Exhibits "A" and "B," Defendant has rendered payments in the aforesaid amounts to Weltman, Weinberg & Reis, counsel for Plaintiff, in full and final satisfaction of the disputed debts on December 12, 2007, and December 13, 2007, achieving accord and satisfaction. 30. Plaintiffs action in accepting Defendant's funds without protest constitutes an accord and satisfaction and requires dismissal of Plaintiff's action with prejudice. 31. Plaintiff s action is barred by the applicable statute of limitations. WHEREFORE, Defendant Kathy R. Ballots respectfully requests that this Honorable Court enter judgment in her favor and against International Portfolio, Inc., and dismiss Plaintiffs Complaint with prejudice. MARTSON LAW OFFICES By Hubert X. Gi ,Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 18, 2008 Attorneys for Defendant A ncmro r+nv 17 .rcrn,wr ???ex Page 1 of 1 d9 M- M Uff B AW.On Check No. 05(?S If QULAmrAML AO AZWViLL.EPA Inel Deftnter 23, 2007 I Piv To IU Order of Wil m-S. Weinberg & Refit Ow Tlmwnd Um ,du" Sirtyrw@ and OWI DOUARS ORMTOWN &M A6 X== swN6vm-wu. PA "TM K BALLMS ? WdUAW I IFW Aeet#.6432954 , Any Qucat? i ?(614) 801 26W ? epODD X36 200r' l I I z 0 v https:I'Iw-ww. netteller.com/orrstow•ni DeliverContent. cfm"pragmaNoCache=0&File=%2Ft... 10/20/2008 Exhibit "A" ia:?? ,:, kp ???e. Page 1 of 1 KATHY R &UJAn Check No. 1468 to ??ttruerruu m ti'vrtt? r? tT1It Dcocm6cr 12.2007 Pay TO '17hc Order Of Weems, MOkemi ft 1 Stym&&W ad W140 - _ DULLrIRS ORMTOWN B IVK Tt s ONC fr, &WP vss W FA KATHY iR BALLOTS WEIMM4 Wdoa & Reis For AwJ;6431G66 Any %LMO ns, C? (614) 801.2600 https:/i'wvvw. netteller.com/orrstown/DeliverContent.cfm?PragmaNoCache=0&File=%2Ft... 10/20/2008 Exhibit "R" VERIFICATION The foregoing Answer to Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. thy ots F:%FILES\CbcM\12363 Bdbts\12383.6mv ficati-I CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: James C. Warmbrodt, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 MARTSON LAW OFFICES By( rL-- ? . Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 18, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INTERNATIONAL PORTFOLIO, INC., CIVIL DIVISION Plaintiff, V. KATHY R. BALLOTS, NO: 2008-5881 Defendant. PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Lyndsay E. Rowland, Esquire Pa. I.D. # 205520 WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 6432954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INTERNATIONAL PORTFOLIO, INC., CIVIL DIVISION Plaintiff, NO: 2008-5881 V. KATHY R. BALLOTS, Defendant. PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff demands that the defendant answer and respond to the following Request for Production of Documents under oath pursuant to the Pennsylvania Rules of Civil Procedure within 30 days from the date of service hereof. Plaintiff also demands that defendant 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 are 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. 7. 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(s)" 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", "identify", "identification", when used with respect to a person(s) 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 of the privilege or similar claim asserted. REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of any/all payments on the subject accounts referenced in 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 any and all documents in your possession which support the defenses presented in your new matter. REQUEST FOR ADMISSION NO. 1: Defendant received services at the Carlisle Regional Medical Center on at least two occasions, including a treatment for rabies and a routine mammogram. Admitted Denied 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 did not make payment to Carlisle Regional Medical Center for the services rendered for the treatment of rabies at the time that she received those services. 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 did not make payment to Carlisle Regional Medical Center for the services rendered for the routine mammogram. at the time that she received that service. Admitted 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: Defendant does not have a writing, which evidences an agreement between the Plaintiff and herself to accept a lesser amount than the outstanding balance due to the Plaintiff. Admitted Denied If the answer to Request for Admissions No. 4 is "denied", then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 5: The checks which Defendant submitted to Plaintiff's agent did not include any language demonstrating that Defendant was offering the checks as full and final satisfaction of the outstanding debt. Admitted Denied If the answer to Request for Admissions No. 5 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. WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 6432954 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Request for Admission and Request for Production of Documents have been sent to the following parties by first class, U.S. Mail, postage prepaid, this J-r?-day of r , 2009, as follows: Hubert X. Gilroy, Esquire Martson Law Offices 10 East High Street Carlisle, Pa 17013 WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 6432954 F:\FlLES\C1ieots\12383 Ballots\I2383.6.rm1/ohm Crated: 9/20/04 0:06PM Revised: 5/28/09 1:47PM 12383.6 Hubert X. Gilroy, Esquire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant INTERNATIONAL PORTFOLIO INC., Plaintiff V. KATHY R. BALLOTS, Defendant IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5881 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S RESPONSES TO PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION OF DOCUMENTS 1: Produce any and all documents evidencing proof of any/all payments on the subject accounts referenced in 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 compilation etc. Copies of the cancelled checks reflecting payments to International Portfolio in full and final satisfaction of amounts allegedly owed are attached hereto. Defendant Kathy R. Ballots has no other documents in response to this request at this time, but reserves the right to supplement this response in accordance with the Pennsylvania Rules of Civil Procedure. 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. See a copy of the cancelled checks reflecting payments to International Portfolio in full and final satisfaction of amounts allegedly owed attached hereto. Defendant Kathy R. Ballots has no other documents in response to this request at this time, but reserves the right to supplement this response in accordance with the Pennsylvania Rules of Civil Procedure. REQUEST FOR PRODUCTION OF DOCUMENTS 3: Produce any and all documents in your possession which support the defenses presented in your new matter. See a copy of the cancelled checks reflecting payments to International Portfolio in full and final satisfaction of amounts allegedly owed attached hereto. Defendant Kathy R. Ballots has no other documents in response to this request at this time, but reserves the right to supplement this response in accordance with the Pennsylvania Rules of Civil Procedure. REQUEST FOR ADMISSION NO. 1: Defendant received services at the Carlisle Regional Medical Center on at least two occasions, including a treatment for rabies and a routine mammogram. Admitted Denied If the answer to Request for Admission No. 1 is "denied," then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 2: Defendant did not make payment to Carlisle Regional Medical Center for the services rendered for the treatment of rabies at the time that she received those services. Admitted X Denied If the answer to Request for Admission No. 2 is "denied," then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 3: Defendant did not make payment to Carlisle Regional Medical Center for the services rendered for the routine mammogram at the time that she received that service. Admitted X Denied If the answer to Request for Admission No.3 is "denied," then supply specific written documentation supporting the denial. REQUEST FOR ADMISSION NO. 4: Defendant does not have a writing, which evidences an agreement between the Plaintiff and herself to accept a lesser amount than the outstanding balance due to the Plaintiff. Admitted Denied If the answer to Request for Admission No.4 is "denied," then supply specific written documentation supporting the denial. See a copy of the cancelled checks reflecting payments to International Portfolio in full and final satisfaction of amounts allegedly owed attached hereto. REQUEST FOR ADMISSION NO. 5: The checks which Defendant submitted to Plaintiff's agent did not include any language demonstrating that Defendant was offering the checks as full and final satisfaction of the outstanding debt. Admitted Denied x If the answer to Request for Admission No.5 is "denied," then supply specific written documentation supporting the denial. See a copy of the cancelled checks reflecting payments to International Portfolio in full and final satisfaction of amounts allegedly owed attached hereto. The cancelled checks reflect both an account number and a unique payment amount. MARTSON LAW O By Hubert X. Gilroy, squire I.D. No. 29943 Trudy E. Fehlinger, Esquire I.D. No. 202753 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 29, 2009 Attorneys for Defendant XAvir R A4LL023 f-TWVZJEPA 17241 Pav To The Check No. 0508 Dmeebex 13, 2[107 Order Of Wettrnnn. Weinberg & Reis I One T nu-wnd Three lifundred Sir'- Two and - - - DO"s ORR.S,TOWN BA VX 779 U76VST. SF!lPP&VSBI-.WG. PA KATHY R BALLOTS Weltma. M'ein* dReis lac Acct4:6432954 Any Qucaium, C91 (614) 601-2640 rage i ::?`iSSu:?D:G?;71E':i'v.;•.-?-+?111c>> ?'?i.C«i's.?Ei? l?Jt::iR?'r:,":?t3f7?sZC$ w- ::::::: :::..... 1"0000 136 2DCl,i, https://www.netteller. comlorrstow•nIDeliverContent. cfm?pragmaNoCache=0&File=%2Ft... 10/20/2008 X4 THY R A4U,07S 1612CAMY H1u. AP A:WYMM PA 17241 Pry To "Ihc Check No. 1458 Deoennbcr 12, 2007 rage 1 of 1 Order Of Webman, _ Ze iberne & Reis Seserr?y-E S I and a?l,'I00 DOLLARS aRESTOWN DIILVK 77F KIAC Sr SHIP YSSURt rA KATHY R BAL.L[?rs For Acse:6431666 U1?e1[maa, Weiabv & Reis - Any Questions, Cal (510) 801.26W https://www.netteller. cOmlorrstownIDeliverContent. cfm?PragmaNoCache=0&File=%2Ft... 10/20/2008 VERIFICATION The foregoing response is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties F:\FILES\Cbcnts\12383 BaOots\12383.6.verificalionl CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Defendant's Response to Plaintiff s First Request for Admissions and Request for Production of Documents was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: James C. Warmbrodt, Esquire Lyndsay E. Rowland, Esquire WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 MARTSON LAW OFFICES B "I 91?n, A elly R. rooks Ten East 91i gh Street Carlisle, PA 17013 (717) 243-3341 Dated: May 29, 2009 CERTIFICATE OF SERVICE A true and correct copy of the within Plaintiff's Motion for Summary Judgment has been served by U.S. Mail, Postage Pre-Paid, on IS11" day of &J? 6&" , 2009 upon the following: Hubert X. Gilroy, Esquire Martson Law Offices 10 East High Street Carlisle, Pa 17013 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 06432954 nnnt. ? n ?„ n? r L'??J.:: ?„?? , ? ?"?, ? ,.? L:; ?LI ?0?tq PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) lovcYno6f\ol KPo?40iiv Its, (Plaintiff) V5. (Defendant) No. bg X s1 Civil 'k ( M_ 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.) lam ?-?-? S ?CJ-1(-+'l Qr S'-:?b 6 OA Nk 2. Identify counsel who will argue case: (a) for plaintiff : U,lj k)ma? U o u)) Cf r\ d 3 Address: II Weltma , Weinberg & Reis Co. (b) for defendant : k)w f - X ? 1400 Koppers Bldg. Aaaress : MG Y'?? O(1 436 7th Ave. 10 ? a(S+ K..q n Pittsburgh, PA 15219 Coy U S_Q_ P o4j "7 vl3 (412) 434-7955 3. I will notify all parties i_n writ g within two days that this case has been listed for argument. 4. Argument Court Date: ?, ab V I nttn-ol?nryv for a?r\ CERTIFICATE OF SERVICE A true and correct copy of the Praecipe to List Case for Argument has been served by U.S. Mail, Postage Pre-Paid, on 1 ay of , 2009 upon the following: Hubert X Gilroy,Esquire Martson Law Offices 10 East High St Carlisle Pa 17013 Weltman, Weinberg & Reis CO L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 CFA d- ? T i-- TI a F:\F1LES\Chents\12383 Ballots\12383.6.ans.MofionSumludg Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant INTERNATIONAL PORTFOLIO INC., IN THE COURT OF COMMON PLEAS IN Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KATHY R. BALLOTS, Defendant NO. 2008-5881 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO MOTION FOR SUMMARY JUDGMENT Defendant, Kathy R. Ballots, by her attorneys, Martson Law Offices, sets forth the following in response to the Motion for Summary Judgment filed in the above case: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. On the contrary, the issue is not whether Defendant received certain medical services which she had failed to pay for. The issue is whether the payments made by the Defendant on a disputed debt constituted an accord and satisfaction of the dispute. .? 10. Denied. On the contrary, Defendant suggests that she did pay for the services in question as set forth in the Answer. 11. Denied. 12. Said allegation is a conclusion of law and does not require a responsive pleading. Insofar as any response is required, said allegation is denied. 13. Denied. On the contrary, upon Defendant advising the Plaintiff that she disputed this allege debt, Defendant and Plaintiff entered into a Settlement Agreement and that Settlement Agreement constituted an accord and satisfaction of the dispute. Defendant has filed an Affidavit of record in this case confirming her position with respect to this matter, a copy of said Affidavit being attached hereto and marked Exhibit A. 14. Denied. Said allegation is a conclusion of law and no responsive pleading is required. Insofar as a response is required, said allegation is denied. WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's Motion for Summary Judgment. MARTSON LAW OFFICES LX/--V Ot5/ By Hubert X. Gilroy, E wire I.D. No. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: I` ' . , 2009 1 F:\FILES\Clients\12383 Ballots\]2383.6.affl/nlm Created. 9/20/04 0.06PM Revised. 10/28/09 4.23PM 12383 6 Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant INTERNATIONAL PORTFOLIO INC., IN THE COURT OF COMMON PLEAS IN Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5881 CIVIL ACTION - LAW KATHY R. BALLOTS, Defendant JURY TRIAL DEMANDED AFFIDAVIT I received medical services at Carlisle Regional Medical Center on or about December 20, 2004, for possible exposure to rabies. Prior to receiving any medical treatment, I informed representatives of Carlisle Regional Medical Center that I was without health insurance and that I wished to defer any medical treatment for possible exposure to rabies for a period of up to three days until my veterinarian could confirm whether I had in fact been exposed to rabies or not. At the insistence of representatives of Carlisle Regional Medical Center, I was treated with approximately five (5) injections for exposure to rabies without being advised as to the cost of the treatment. The following day, I was informed by the laboratory used by my veterinarian that I had in fact not been exposed to rabies. I subsequently received additional and unrelated medical services at Carlisle Regional Medical Center on or about April 11, 2005, for a routine mammography exam without being advised as to the cost of the treatment. On December 12, 2007, approximately three years after the first of such medical services were rendered, I received a telephone call from a representative of International Portfolio Inc., regarding the outstanding balance allegedly due on the two separate accounts. The representative of International Portfolio Inc., advised me at that time that I owed a balance of approximately $5,400.00 :XH161T A E on one account and approximately $155.00 on another account. I disavowed the debt at the time, advising the representative of International Portfolio Inc., that the debt was disputed. I agreed with the representative of International Portfolio Inc., to an arrangement whereby I would make payments on the disputed debt in the amounts of $1,362.00 and $78.00 in full and final satisfaction of the amounts allegedly owed. I made those two payments in accordance with our agreement and understood by making the payments that the mai COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) Personally appeared before me; a Nofaryry Public in and for the said Commonwealth and County, KATHY R. BALLOTS, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 06) eal) Not P lic My commission expires:, Notartal Seed COMMONWEALTH OF PE=Pennsyi NSYLVANIA ry Pubic d County e 28, 2!111 er,ennsylvania Association of Notaries FILE C- ?;'"F1' OF THE PRCY -'ONIOTAPY 2009 PLOY -2 PM 12: 28 PENN&YLVANIA F:\FILES\C6ents\12383 Ballots\I2383.6.af 1/ntm Created: 9120104 0:06PM Revised: 11/2/09 9:20AM 12383.6 Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant INTERNATIONAL PORTFOLIO INC., IN THE COURT OF COMMON PLEAS IN Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2008-5881 CIVIL ACTION - LAW KATHY R. BALLOTS, Defendant JURY TRIAL DEMANDED AFFIDAVIT I received medical services at Carlisle Regional Medical Center on or about December 20, 2004, for possible exposure to rabies. Prior to receiving any medical treatment, I informed representatives of Carlisle Regional Medical Center that I was without health insurance and that I wished to defer any medical treatment for possible exposure to rabies for a period of up to three days until my veterinarian could confirm whether I had in fact been exposed to rabies or not. At the insistence of representatives of Carlisle Regional Medical Center, I was treated with approximately five (5) injections for exposure to rabies without being advised as to the cost of the treatment. The following day, I was informed by the laboratory used by my veterinarian that I had in fact not been exposed to rabies. I subsequently received additional and unrelated medical services at Carlisle Regional Medical Center on or about April 11, 2005, for a routine mammography exam without being advised as to the cost of the treatment. On December 12, 2007, approximately three years after the first of such medical services were rendered, I received a telephone call from a representative of International Portfolio Inc., regarding the outstanding balance allegedly due on the two separate accounts. The representative of International Portfolio Inc., advised me at that time that I owed a balance of approximately $5,400.00 ti on one account and approximately $155.00 on another account. I disavowed the debt at the time, advising the representative of International Portfolio Inc., that the debt was disputed. I agreed with the representative of International Portfolio Inc., to an arrangement whereby I would make payments on the disputed debt in the amounts of $1,362.00 and $78.00 in full and final satisfaction of the amounts allegedly owed. I made those two payments in accordance with our agreement and understood by making the payments that the ma COMMONWEALTH OF PENNSYLVANIA ) ) SS COUNTY OF CUMBERLAND ) Personally appeared before me, Public m and for the said Commonwealth and County, KATHY R. BALLOTS, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. eal) Not q*lc My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Margaret Ann Nash, Notary public Carlisle Boro, Cumberland County MY Commission Expires June 29, 2011 Member, Pennsylvania Association of Notaries F t I PD-Q'i, C'E OF THE k pr,NOTARY 2009 NOV --2 PM 12: 27 rENNS1`LVMNto r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC., Plaintiff, vs. KATHY R BALLOTS, Defendant. NO. 08-5881 CIVIL TERM TYPE OF PLEADING: PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Lyndsay Rowland, Esquire PA I. D. # 205520 Weltman, Weinberg & Reis, Co. L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh PA 15219 412-434-7955 WWR#: 06432954 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC., Plaintiff vs. KATHY R BALLOTS, Defendant NO. 08-5881 CIVIL TERM PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to withdraw the Motion For Summary Judgment, which is scheduled for November 25, 2009, on the above referenced case number. WELTMAN, WEWBERG & REIS CO., L.P.A. By: Lyndscy Rowland, E ire PA I.D. # 205520 Weltman, inberg & Reis, Co. L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh PA 15219 412-434-7955 WWR#: 06432954 r'' CERTIFICATE OF SERVICE A true and correct copy of the Praecipe to Withdraw Motion For Summary Judgment o?e??e,r- , has been served by First Class Mail, postage pre-paid, on I -711--day of 2009 upon the following: Hubert Gilroy, Esquire Martson Law Offices 10 East High St., Carlisle, Pa. 17013 By: FILED-OFFICE OF THE PROTHONOTARY 2009 NOY 20 PM 2: 03 Tnc V RULE 1312-1 ?o 1 I c) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO._.. ?v 20 ca G c rr co The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBI'T'RATORS TO THE HONORABLE THE JUDGES OF SAID COURT: counsel for the lp imfiff/defendant in the above acti n (or actio ), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $-A4 ( u o , 9 ?l The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner Pr whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, _ Esq., and your Honorable Court to appoint three (3) arbitrators to 200 , in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. fib'- *WU6 /l/ly 1?u1/unLl Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY =n • -c CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Praecipe has been sent to the following parties by first class, U.S. Mail, postage prepaid, this - day of)AA\_) - 2010, as follows: Hubert Gilroy, Esquire Martson Law Office 10 East High Street Carlisle, Pa 17013 Lyhd y E. Rowlid, -squire Pa. I. M. # 205520; WELTMAN, WE RG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 if L. _ . . T-Y-)C, ? V RULE 1312-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. tZ ?U? 20 G Q =? c .-a The Petition for Appointment of Arbitrators shall be substantially in the 5 c: Following form: - G ' PETITION FOR APPOIN'T'MENT OF ARBITRATE ORS TO THE HONORABLE THE JUDGES OF SAID COURT: InAln (,,/I counsel for the 1?U aintiff/defendant in the above acti n (or actin ), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ .1-4 1 U0 . 1? The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND OW, , 2000 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned tion (or actions) as prayed for. Pd 41?1U6 C,??9o??sss U)4 9 ye Court, ??? • by - , =j zti ? o e14mooj, Lzek;,6rS.4 Refs "b:Y Garor CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Praecipe has been sent N to the following parties by first class, U.S. Mail, postage prepaid, this day of?ti'( - , 2010, as follows: Hubert Gilroy, Esquire Martson Law Office 10 East High Street Carlisle, Pa 17013 Lynd y E. Rowliid, squire' Pa. I. M. # 205520"iRG, WELTMAN, WE & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY?VAI A INTERNATIONAL PORTFOLIO, INC., CIVIL DIVISION Plaintiff, NO: 08-5881 V. = - KATHY R. BALLOTS, NOTICE OF INTENT TO OFFER DOCUMENTS INTO EVIDENCE PURSUANT Defendant. TO RULE 1305 FILED ON BEHALF OF: Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E. Rowland, Esquire Pa. I.D. # 205520 WELTMAN, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 6432954 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INTERNATIONAL PORTFOLIO, INC., CIVIL DIVISION Plaintiff, NO: 08-5881 V. KATHY R. BALLOTS, Defendant. NOTICE OF INTENT TO OFFER DOCUMENTS INTO EVIDENCE PURSUANT TO RULE 1305 AND NOW, comes the Plaintiff, International Portfolio, Inc., whom intends to offer the documents attached hereto at the arbitration of the above referenced matter, in the manner provided by Rule of Civil Procedure 1305. The following documents are attached: 1. Screen prints from Health Management Associates detailing the charges incurred by the Defendant for treatment at Carlisle Regional Medical Center. 2. Assignment and Bill of Sale. Lynds E. RdwTand, Esquire Pa I.D # 205520 WEL N, WEINBERG, & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 6432954 06/12/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 06/11/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: BALLOTS, KATHY R F/C: P P/T: E A/C: 9299520 DSC CODE: 01 TO: BALLOTS, KATHY R ADMISSION: 12/20/04 DISCHARGE: 12/20/04 16 QUARRY HILL RD NEWVILLE PA 17241 D E P A R T M E N T A M O U N T 412 PHARMACY 706.63 458 BLOOD BANK 3,868.82 480 EMERGENCY ROOM 869.77 ADJUSTMENTS 5,445.22- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 06/12/08 PAGE 001 HEALTH MANAGEMENT ASSOCIATES DA17 COID: 858 CARLISLE REGIONAL MEDICAL CTR AS OF 06/11/08 361 ALEXANDER SPRING RD CARLISLE PA 17015 PHONE (717) 960-1680 ---- ------- ------------------------------------------------------------------ PATIENT: BALLOTS, KATHY R F/C: P P/T: 0 A/C: 7485223 DSC CODE: 01 TO: BALLOTS, KATHY R ADMISSION: 04/11/05 DISCHARGE: 04/11/05 16 QUARRY HILL RD NEWVILLE PA 17241 D E P A R T M E N T A M O U N T 438 REFERENCE LAB 155.77 ADJUSTMENTS 155.77- ----------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD 06/12/08 ACCOUNT #: 9299520 PAT NAME : BALLOTS, PAY PAYMENT CD DATE 978 07/08/05 HEALTH MANAGEMENT ASSOCIATES DA09 COID: 858 PAYMENT HISTORY TOT PAY + ADJ : 5,445.22- KATHY R F/C: 9 BALANCE: .00 PAYMENT PROCESS PAY PAYMENT PAYMENT PROCESS AMOUNT DATE CD DATE AMOUNT DATE 5,445.22- 07/08/05 CMD:I=DAR,2=PAT,3=GAR,4=INS,5=UB,7=RTN,8=CMTI,9=CMTU,10=BAL,II=LOG 06/12/08 HEALTH MANAGEMENT ASSOCIATES DA09 COID: 858 ACCOUNT #: 7485223 PAYMENT HISTORY TOT PAY + ADJ : 155.77- PAT NAME : BALLOTS, KATHY R F/C: 9 BALANCE: .00 PAY PAYMENT PAYMENT PROCESS PAY PAYMENT PAYMENT PROCESS CD DATE AMOUNT DATE CD DATE AMOUNT DATE 978 01/15/06 155.77- 01/15/06 CMD:I=DAR,2=PAT,3=GAR,4=INS,5=UB,7=RTN,8=CMTI,9=CMTU,10=BAL,II=LOG 06/12/08 ACCOUNT #: 7485223 RESP PARTY: DOB: GAR NAME: BALLOTS, STREET: 16 QUARR ADDR-2: HEALTH MANAGEMENT ASSOCIATES DA06 GUARANTOR RECORD 09/14/57 PAT NAME: BALLOTS, KATHY R KATHY R EMPLOYER: MANOR CARE HEALTH Y HILL RD STREET: 940 WALNUT BTM RD ADDR-2: COID: 858 CTR CITY: NEWVILLE PA 17241 CITY: CARLISLE PA 17013 PHONE: (717) 776-6602 COUNTRY: US PHONE: (717) 249-0085 COUNTRY: SSN: 209-50-9026 SEX: F OCCUPATION: CNA RELATIONSHIP TO PATIENT: G OTHER RESP: DOB: 00/00/00 GAR NAME: EMPLOYER: STREET: ADDR-2: CITY: PHONE: (000) 000-0000 COUNTRY: PHONE: SSN: 000-00-0000 SEX: OCCUPATION: RELATIONSHIP TO PATIENT: NEXT OF KIN NAME: APPLE, CHRISTINA CITY: STREET: PHONE: ADDR-2: RELATIONSHIP (000) 000-0000 (717) 938-2413 COUNTRY: TO PATIENT: SISTER CMD:I=DAR,2=PAT,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTU,10=BAL,II=LOG 06/12/08 ACCOUNT #: 9299520 RESP PARTY: DOB: GAR NAME: BALLOTS, STREET: 16 QUARR ADDR-2: HEALTH MANAGEMENT ASSOCIATES DA06 GUARANTOR RECORD 09/14/57 PAT NAME: BALLOTS, KATHY R KATHY R EMPLOYER: MANOR CARE HEALTH Y HILL RD STREET: 940 WALNUT BTM RD ADDR-2: COID: 858 CTR CITY: NEWVILLE PA 17241 CITY: CARLISLE PA 17013 PHONE: (717) 776-6602 COUNTRY: US PHONE: (717) 249-0085 COUNTRY: SSN: 209-50-9026 SEX: F OCCUPATION: CNA RELATIONSHIP TO PATIENT: G OTHER RESP: DOB: 00/00/00 GAR NAME: EMPLOYER: STREET: ADDR-2: CITY: PHONE: (000) 000-0000 COUNTRY: PHONE: SSN: 000-00-0000 SEX: OCCUPATION: RELATIONSHIP TO PATIENT: NEXT OF KIN NAME: APPLE, CHRISTINA CITY: STREET: PHONE: ADDR-2: RELATIONSHIP (000) 000-0000 (717) 938-2413 COUNTRY: TO PATIENT: SISTER CMD:I=DAR,2=PAT,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTU,10=BAL,II=LOG Sep-26. 2007 1:38PM HMA INC No-4085 P. 24/28 For valae renewed and p xswmt to the tams and cmdhtiams of deer Pwrbase and Sob A,prmmunt between }health Malt Assoclam, Inc. and its allilb ted a fides (-PAMM )and I m=donal Pertfaiho, Inc. e2WMe) Mal SaPUmber 22, 2007 (dw *Ammn=M Provider haft absolutely oean^ &wAf rs, ulk and us%* to Bayer all of P ddve s e4A title w d inlereet In ad w (•) the Accom A dam" ktbs Sebalult of Awmnds, and (Ii) d proceeds arisio j ironer err Waft to p & c*%iatnrea% or c&w tanouatt mw or bersaw do or awinS in aomw;dcm with such Am =% ft ad dear otatty and an Hans, claimer mad ewmnbnmes of my kind ar aatom wbartsmm. t :aphtallxad tmw AM have the aambg set *N$ In the Agraaomat Except as other. n sWed in the Ag' ewt, this Hill of Sale fa ea mted withmc raoowse, )MAT®: Sepreubw28, 2007 HEALTH MAKAGF,II UWr ASSOCIATF..S, BIC By- Name: Stan D. McLemore Title: Senior vice-Prosldeot Oparadom Flance i CHCOW1101716. 6 bZ'd 6628 MOW 23 .C/ 4Vg . I d99:0 1, LO 9Z ' S CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within 1305 Notic has been sent to the following parties ? by first class U.S. Mail, postage prepaid, this day of 010, as follows: Hubert X Gilroy, Esquire Martson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle, Pa 17013 Lynds E. Itowlahd, Esquire Pa. I. 205520 WEL N, WEINBERG, & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: (412) 434 - 7955 Fax: (412) 338 - 7130 WWR# 6432954 International Portfolio. Inc. Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. 08 -5881 Kathy Ballots Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this zignature and that we will disch?ge the duties of our office with ftdeli Signature s' Signature David W. Reager Name (Chairman) Reager & Adler, PC Law Firm 2331 Market Street Address Julie A. Wehnert Name Kope & Associates, LLC Law Firm 395 St. Johns Church Rd. Address u to 01 Camp Hill, PA 17011 1 empyite : PA1'1117©43 ?. Camp Hill, PA 17011 City, Zip city, zip city, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Name Johnson, Duffie, Stewart Law Firm & Weidner 301 Market Street Address 2 IJ,a . Arbitrator, Date of Hearing: Date of Award: Notice of Entry of Award A? ? • i T? o ' c o CD cs 71 Now, the D??ay of , 20j6 at -7-Cnn .M., the above award was -99c4? entered upon the docket and notice there k given by-mail to the.parties or their attorneys. Arbitrators' compensation to be paid upon appeal. $IRI,,466__ Prothonotary WzgIto ?M By. Dep4ty