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HomeMy WebLinkAbout08-6003r t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff vs. No. ff - G(/3 COMPLAINT IN CIVIL ACTION RACHAEL E YOUNG Defendant 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#6609694 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff VS. Civil Action No. RACHAEL E YOUNG 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 33028-0000. 2. Defendant is an adult individual residing at 35 SCRAFFORD STREET SHIPPENSBURG,PA 17257 . 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, RACHAEL E YOUNG, 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, RACHAEL E YOUNG, agreed to pay. 7. Plaintiff avers that there is a balance due and owing from Defendant, RACHAEL E YOUNG, in the amount of $ 1,342.69 as of JUNE 30 2008. 06/13/68 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: YOUNG, SAVANNAH C F/C: P P/T: I A/C: 5007693 DSC CODE: 01 TO: YOUNG, RACHAEL E ADMISSION: 05/17/05 DISCHARGE: 05/19/05 27 S PENN ST SHIPPENSBURG PA 17257 D E P A R T M E N T A M O U N T 1,100.00 97.26 58.01 105.52 83.13 98.77 200.00- 1,342.69- -=--------------------------------------------------------------------------- TOTAL 0.00 SELECT: REV= * DEPT= * CHGCD= * DATE/MDCY= * TO/MDCY= CMD:I=DAR,2=PAT 4=DETAIL 7=RETURN,8=BACKWARD, ENTER=FORWARD VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsifications to authorities, that she is GAIL WOOD (Name) DIRECTOR of Customer Care of INTERNATIONAL PORTFOLIO INC., plaintiff (Title) (Company) herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of her knowledge, information and belief. (Signature) W WR# -? C J SHERIFF'S RETURN - REGULAR CASE NO: 2008-06003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INTERNATIONAL PORTFOLIO INC VS YOUNG RACHAEL E MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE YOUNG RACHAEL E was served upon the DEFENDANT , at 0018:30 HOURS, on the 13th day of October , 2008 at 35 SCRAFFORD STREET SHIPPENSBURG, PA 17257 by handing to RACHAEL E YOUNG 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 ?uli4fd$ ?^- 18.00 20.00 .00 10.00 .00 48.00 Sworn and Subscibed to before me this day So Answers: R. homas Kline 10/14/2008 WELTMAN WEINBERG & REIS By: uty er' f of A. D. INTERNATIONAL PORTFOLIO INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-6003 Civil Term RACHAEL E. YOUNG Defendant : C17VIL ACTION - JURY TRIAL CERTIFICATE OF SERVICE I hereby certify that on y New Matter by first class mail, prepaid, to the 2008, 1 have the Answer and ntiff at the w address: s: William T. Molczan, Esq Weltman, Weinberg & Reis Co., LPA 1400 Koppers Building 436 Seventh Ave Pittsburgh, pA 15219 ___ ?., ?: INTERNATIONAL PORTFOLIO INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-6003 Civil Term RACHAEL E. YOUNG Defendant : CIVIL ACTION - JURY TRIAL NOTICE To: INTERNATIONAL PORTFOLIO INC. 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. Rachael E. Young, Defendant INTERNATIONAL PORTFOLIO INC. V. RACHAEL E. YOUNG Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-6003 Civil Term CIVIL ACTION - JURY TRIAL ANSWER AND NEW MATTER I . Plaintiff has information insufficient to form a belief or conclusion to this averment, and it is therefore denied. 2. Admitted. 3. Plaintiff has failed to aver any date, and therefore Defendant has information insufficient to form a belief or conclusion to this averment, and it is therefore denied. 4. Defendant has information insufficient to form a belief or conclusion to this averment, and it is therefore denied. 5. For the reasons stated in paragraph 3 above, Defendant has information insufficient to form a belief or conclusion to this averment, and it is therefore denied. 6. It is denied that Defendant agreed to pay the excessive prices claimed for the alleged services, the prices are excessive and the amount claimed is in excess of those charged others similarly situated for similar services. 7. It is denied that the amount claimed is due and owing from Defendant to Plaintiff. 8. This is not a factual averment is therefore denied. 9. It is admitted that Defendant has not paid monies to Plaintiff, but in all other respects, is denied. NEW MATTER 10. Any amount due the Carlisle Regional Medical Center was the subject of an accord and satisfaction negotiated by and between said entity and the Defendant's church. 11. The prices claimed are excessive, unreasonable and unconscionable, and are far greater than prices charged for the same alleged services to others. 12. The Plaintiff is perpetrating an illegal unfair debt collection practice, causing Defendant duress. 13. The Plaintiff has possession of Defendant's confidential records, or copies thereof, without the consent of Defendant. WHEREFORE, Rachael E. Young, demands judgment against the Plaintiff, plus all costs, fees and penalties available to her under state and federal law. Respectfully submitted, F, Rachael E. Young 61 35 Scrafford St. Shippensburg, PA 17257 VERIFICATION Rachael E. Young verifies the forgoing is true to the best of her knowledge or information and belief, and made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. IF, Rachael E. Young ?.. ??? ??_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO, INC. Plaintiff, vs. RACHAEL E. YOUNG Case No.: 08-6003 TYPE OF PLEADING: REPLY TO NEW MATTER FILED ON BEHALF OF: Defendant. Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, ESQUIRE PA I.D.#93598 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 6609694 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC. Plaintiff, Case No.: 08-6003 TYPE OF PLEADING: vs. REPLY TO NEW MATTER RACHAEL E. YOUNG Defendant. REPLY TO NEW MATTER AND NOW COMES, Plaintiff, by and through its Counsel, Weltman, Weinberg & Reis, Co., L.P.A., and hereby files this Reply to Defendant's New Matter in the above-referenced matter. In support thereof, Plaintiff avers as follows: 10. Denied. The averment in paragraph 10 of Defendant's New Matter is denied as a conclusion of law to which no response is required. 11. Denied. The averment in paragraph 11 of Defendant's New Matter is denied as a conclusion of law to which no response is required. 12. Denied. The averment in paragraph 12 of Defendant's New Matter is denied as a conclusion of law to which no response is required. 13. Denied. The averment in paragraph 13 of Defendant's New Matter is denied as a conclusion of law to which no response is required. WHEREFORE, Plaintiff respectfully demands that Judgment be entered in its favor and against Defendant for the full amount claimed in Plaintiff's Complaint. Respectfully Submitted: By: v Benjamin er, Esquire PA LD.#9 59 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR # 06761873 CERTIFICATE OF SERVICE A true and correct copy of said Plaintiff's Reply to New Matter has been served by First Class Mail, Postage Pre-Paid, on the f4? day of , 2009, upon the following: RACHAEL E YOUNG 35 SCRAFFORD STREET SHIPPENSBURG,PA 17257 By: R Bibler, Esquire 73 ? w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff VS. No,03-6003 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT RACHAEL E YOUNG Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 Weltman,Weinberg & Reis CO., L.P.A. 1400 Kopper Building 436 Seventh Avenue Pittsburgh, PA 15219 WWR# 6609694 $1342.69 . I I.e ' • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff VS. RACHAEL E YOUNG Defendant Civil Action No. 08-6003 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, RACHAEL E YOUNG, in the amount of $1342.69 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMATW WEINBERG & REIS CO., L.P.A., RACHAEL E YOUNG, By: for Plaintiff By' 'K0 Defendant WWR# 6609694 i .r • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff VS. Civil Action No. 08-6003 CIVIL TERM RACHAEL E YOUNG 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, RACHAEL E YOUNG, above-named, in the amount of $1342.69 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 $1342.69 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, RACHAEL E YOUNG, in the amount of $1342.69 plus continuing interest thereon at the rate of 6% per annum from date of judgment and costs. Plaintiff agrees not to execute 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) $60.00 due by 1/23/09; (b) $60.00 due every two weeks thereafter until the Judgment amount plus accrued interest and costs are paid in full. 0 t , - . 4. All payments are to be made payable to the order of "INTERNATIONAL PORTFOLIO INC" The first payment due under this agreement is to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 1400, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101- 0430. 6. 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 Plaintiffs 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. 8. 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. r 9. Intending to be legally bound, the parties set their hands and seals this ?-day of 20 a 1- WELTMAN, WEINBERG & REIS CO., L.P.A. B Matthew D. Urban, Esquire PA I.D. #90963 Weltman,Weinberg & Reis CO., L.P.A. 1400 Kopper Building 436 Seventh Avenue Pittsburgh, PA 15219 W WR No. 6609694 By. Qr j\.Q a Defendant, RACHAEL E UNG ' r- ?? ,-? '? --4 ..??. ? Cl © 1? ? "?7 y a-ri ? ?'-? `? . -?- ?= ? cry a ,, . )4- r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO INC Plaintiff VS. Civil Action No. 08-6003 CIVIL TERM RACHAEL E YOUNG Defendant NOTICE OF JUDGMENT 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 $1342.69 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 RACHAEL E YOUNG 35 SCRAFFORD STREET SHIPPENSBURG,PA 17257 By: j iff I OW- - - PRO ON Y (OR D PUTY) -?