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Home My WebLink About01-6914COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMEN1 COM . ,.,AS ., &9/' - NOTICE OF APPEAL Notice is gi,.~fl that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by he District Justice o~ the date and in the case mefltionod beton. Jennifer Mackey · 9-1 -02 CITY STATE Zf CO(~ 1508 Embassy Drive Harrisburg PA 17109 DATE OF J~)CW~NT 11/06/01 Grandview Surgery & Laser Jennifer Mackey CV 0000350-01 This bk)ck will be signed ONLY when this ,-,o;,~;;~ is required ur,,J~ Pa. R.C.P.J.P. Nc~ I 1008B. If appellant was CLAIMANT (~ ~, jPa. R.C.P.J.P. No. This Notice of Appeal, when received by the District Justice, will operate as a 1001 (6)in action before Distn :t Justice, he MUST SUPERSEDEAS to the judgment for possessJan in this cas~ FILE A COMPLAINT within tw ~nlF (20) days after Signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action bef(,re District Justice. IF NOT USED, de~ach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Grandview Surgery and Laser Enter role upon N~ne o~ a~oeX:~(s) , appellee(s), to file a ce m )faint in this appeal (Common Pleas Na. _~,/-- //o9/? (/?l ~'~1 ~ ~ ) within twenty (20) days ,af;~r service of rule or suffer entry of ucgment of non pros. RULE: To grandview Surgery and Laser Sigr~ureo~amel~,~sem~,eyoregem /Wme ef amens) , appellee(s). (~)Youarenotir.~dthataru~eisherebyenteredup~ny~uto~leac~m~aintinthisa~pea~withintwenty~2~)daysafte ~e date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing, )PC312-~0 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (I0) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF,~ ; ss AFFIDAVIT: i hereby swear or affirm that I served E~ a copy of the Notice of Appeal Common Pleas No, , upon the District Justice designated therein (date of service) , E~ by personal service [] by (certified) (registered) mail, sender's on receipt attached hereto, and upon the appellee, (name) _ BI by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. I sera'ed the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom [] and further that [] by personal service [~ by (certified) (registered) the Rule was addressed on mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ...... Signature of affiant Title of official My commissiort expires on · COUNTY OF: CUMBERLAND COMMONWEALTH OF PENNSYLVANIA 17011-0000 Mag. Dist· NO.: 09-1-02 DJ Name: Hon. ROBERT V. MANLOVE Address: 1901 STATE STI~EET CAMP HILL, PA 'telephone: (717) 761- 0583 JENNIFER MACKEY 1508 EMBASSY DR HARRISBURG, PA 17109 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE .205 GP, ANDVIEW AVE CAMP HILL, PA 17011 VS. DEFENDANT: NAME and ADDRES,~ 1508 ]~IBASS¥ DR HARRISBURG, PA 17109 L Docket No.: CV-0000350-01 Date Filed: 10/03/01 THIS IS TO NOTIFY YOU THAT: D'I~FATJ'LT JUD~MAq~T PLTF Judgment: J-~ Judgment was entered for: (Name) ~Ra~mVTm~ .qrmc'.RR¥ ~ T.a.q~.g ~-~ Judgment was entered against: (Name) t4A~x~¥. ,]'~n~T~TTi~E~ in the amount of $ 4:4'71 _ 1 ~; on: (Date of Judgment) ~ j-~ Defendants are jointly and severally liable. (Date & Time) "~7~ Damages will be assessed on: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total ~'~ This case dismissed without prejudice: r--] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~-~ Levy is stayed for days or ~ generally stayed. ~' Objection to levy has been filed and hearing will be held: Date: Time: Post Judgment Credits Post Judgment Costs Certified Judgment Total My commission expires first Monday of January, AOPC 315-99 .OOl 471.161 NOTICE )U Place: Judgm'~nt. , District Ju ~.oo6 %,,., .SEAL ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING OF.ApPEAL WITH THE pROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. Ye ;T S E JUD C T F 'M WITH ::yOUR ~OTICE OF l I~ , ..... ,¢ ,Dlstr~ct J .COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-02 DJ Name: Hon. Address: 1901 ~TATE STP~EET CAMP HILL, PA Telephone: (717) 761-0583 17011-0000 JENNIFER MACKEY 1508 EMBASSY DR HARRISBURG, PA 17109 HEARING: CML 'ACTION HEA~iNG NOTICE OF INTENT ,INTIFF:~NDVI EW NAME and ADDRES~ SURGERY & LA 205 GRANDVIEW AVE CAMP HILL, PA 17011 VS. DEFENDANT: NAME and ADDRESS FMACKEY, JENNIFER 1508 EMBASSY DR HARRISBURG, PA 17109 L Docket No.: CV-0000350-01 Date Filed: 10/03/01 '0 DEFEND 5ER Date: 11/06/01 Time: 1:15 PM Place:DISTRICT COURT 09-1-02 1901 STATE STREET CAMP HILL, PA 17011-0000 PLAINTIFF: GRANDVIEW SURGERY & LASER You are hereby notified that the defendant named below has giVen notice of his intent to present a hearing in the above case. ;nse at the DEFENDANT: MACKEY, JENNIFER lO/O5/Ol Date My commission expires first Monday of January, 2006. , District Jus SEAL AOPC 623-93 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE-~MPLAIN~;:, (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF _ .__~; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Commoe Pleas No, ~ ~/_'~""~ _, upon the District Justice designated therein or1 (date of ,~ervJce) _ ~/l~v~ ,4", ~,.~ ~'_~.~ ./,¢~ ,.,~O~Z. , [~ by personal service ,~y (cell f ed) (rag stared} ma , si der'$ rec,~Pt attached~ereto, and upon the appellee, (name) ~./%~"~?!/z_c,?~.:,~9./:~C42~Z~--~_.~_¢'¢? o* .~/'¢4~'/~''/~¢.~, /--~,,~ ~ by personal service~3~by (certified) (ragistere~) mail~ sender's race pt attached hereto .~nd further that I served the R u!e to File a Comp la?t accompanying the above Notice of Appeal upon the appellee(s) to whom he Rule was addressed on ~"~.~.~'~,~'¢ f;;E;,, _'~//-.¢~ ~--~_~, .,4'~j~- ~ by personal service~y (certified) (registered) mail, sander's receipt attached heret?. ,WC RN (AFFIRMED) AND SUBSCRIBED BEFORE ME · Compile ttems 1, 2, and 3. ~ ~o~Ptete itsm 4 if Restricted Dellv~y ~ de'mci. · Print your name and addm~aon the reverse so that we can return the ca~l to you. · Attach this card to the back ~ the mallplece, or on the front If space perm.. Agent O. Is delive~ addmes different from I-I Ye~ If YES, enter deliVerY address r-I No 3. SenSe 3ype ~'Certlfled Mall [] Express Mall [] Registaed [] Return Receipt for Merchandise r-I Insured Mall [] C.O.D. 4. Restricted Deliver? I~l~l~l~l~l~l~l~l~l~m Fee) [] Yes PS Form'3811, Ju~y 1999 Dome~c Return Reoeipt · Complet~ item~ 1, 2, and 3. Al~o ~omplete item 4 ff R~ ~ ~ ~' · Print ~r n~ ~d a~ ~ ~ ~ fiat we ~e ~ to ~. a A~ ~ls ~ to ~ ~ ~ ~IpI~, or on the ~t E s~e ~. If YES, enter dellv~/addre~ below: [] No 3. Sewice Type ~1~ Ce~ifled Mall .r"l Express Mall [] Registered [] Return Receipt for Mmc, handi~e [] Ir~uml~M~Jl [] C.O.D. 4. Re~cted Dellver~ .(E~ra Fee) []Ye~ PS Form 3811, July 1999 Domestic Return Receipt Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 At~meys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF JENNIFER MACKEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 01-6914 CIVIL : CIVIL ACTION - LAW NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, uted fiene viente (20) dias de plazo al partir de la fecha de le demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas os sus objeciones a leas demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso o notificacion y por cualquier queja or alivio que es pedido en la peticion de demanda. Usted peude perder dinero os sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A LIN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR RAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA ICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF Ve JENNIFER MACKEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA _. : NO. 01-6914 CIVIL : CIVIL ACTION - LAW COMPLAINT Plaintiff, Grandview Surgery & Laser Center, by its attorneys, Brigid Q. Alford, Esquire, G. Edward Schweikert IV, Esquire and Boswell, Tintner, Piccola & Wickersham, and presents its complaint against Defendant, Jennifer Mackey, as follows: 1. Plaintiff, Grandview Surgery & Laser Center, is a Pennsylvania corporation, with its principal place of business located at 205 Grandview Ave., Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Jennifer Mackey, is an adult individual, currently residing at 1508 Embassy Drive, Harrisburg, Dauphin County, Pennsylvania 17109. 3. On November 8, 1999, Defendant has surgery at Plaintiff's facility. 4. On November 8, 1999, prior to the commencement of the surgical procedure, Defendant completed a document entitled "Financial Agreement, Assignment of Benefits and Release of Record(s)." A copy of this document is attached hereto and identified as Exhibit "A". 5. Among the information provided to Plaintiff by Defendant on the face of the aforementioned Financial Agreement was a representation that Defendant had medical insurance coverage. 6. The aforementioned Financial Agreement also stated, in part: I hereby agree, whether I am signing as patient or guarantor, to pay all the sums due the facility at the usual and customary charge the facility. I hereby waive all claims of exemption. Should the account be referred to an attorney or collection agency, I shall pay reasonable attorney's fees and collection expenses whether suit if filed or not. Delinquent accounts and amounts (those not paid within 60 days from the date of service) may bear interest on the unpaid amount to the maximum amount allowed by law. I understand that I am financially responsible for charges not paid within said 60 days and for charges not covered by this assignment. I understand that the facility files for reimbursement from my insurer or other payor as a courtesy, and failure on the part of the insurer to make payment shall not relieve me of my obligation to pay the facility. 7. Following the surgical procedure, Plaintiff filed for reimbursement from Defendant's insurance company, as per infomiation given to it by Defendant. 8. Subsequently, Plaintiff learned that all applicable insurance benefits had been exhausted or were otherwise inapplicable to this claim and Plaintiff communicated this information to Defendant. 9. Despite Plaintiffs numerous attempts to collect the outstanding amount from Defendant, including engaging the services of an attorney, Defendant has continuously refused to make payment to Plaintiff for the balance due. 10. The current outstanding balance due is $4,369.66, which includes the unpaid medical bill of $3,361.28 and attorney's fees of $1,008.38, added as per the language of the aforementioned Financial Agreement. WltEREFORE, Plaintiff demands judgment in an mount not in excess of $25,000.00, which amount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. DATE: December~j 2001 RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & WlCKERSHAM BY: Brigid Q. ~Alford,X~s~u~e G. Edward Schweiker~IV, Esquire Attomey for Plaintiff Grandview Surgery & Laser Center HEALTH~OUll~ GRAIIDV1EW SURGERY AND LASER CENTER 205 GrandWew Avenue , ~ Hig, Penn~ 17~11 · 717 731-5444 1508 ]~IBASSY DRIVE. HARRIS]~JRO. PA 17100 MACI{~'Y, ]ENNIF~_R . 1508 ]~V~SSY DRIVE, HARRISBURD, PA 17109 t92-~8~i904 A~O C~i~/~ ~ ~'C~I~~ P.O. ~X 291~ i92-~8~9~4 R~f.' 19: Y 12,00 BOARD OF ~ADICAL ASSIST/SAME DEPT OF PUBLIC WELFARE PO BOX 8207 201347430 FiNANCiAL AGREi 'g T,' A I II 'i NT 0F 'IJI NEFITS AND'iiELEASE OF RECORD(S) i i~~~"~'~,~ ~e'~ ~ '~ ~ ~ ~~ :~ ~ (~ aw a~liate ~ ~e ~il~, sp~lly i~uding H~SO~ ~p~; (c) ~y ~ ~ e~ · w~ I ~ ~ m~by ae ~ill~ ~ ~ ~ ph~d~ f~ m~n~ ~e; (~ ~ p~ci~ Ee~ng, ~mu~ ~ ~e~ ~o~i~ ~ ~ ~ I~his ~ her.emp~ a~ ~;(e)-~ U~ ~ ~na~l~ ~l~on, ~ ~er g~mme~ ~'~lang a~, ~ me!r ~ or e~lw- ~a~ ~ ~i~ ~ ~. ~H~GR~; ~ I~ ~NING~OR'~OR, TO PAy ~ ~S D~ ~E FAC~ AT ~ ~ ~D ~0~ ~GE up m ~ ~mum ~ ~ ~~~~~ ~ ~~ ~ ~t ~ W mis ~lgn~nL I un~d ~ ~e ~i~ fll~ ~ mimbu~e~ ~ my i~mr ~ ~ ~ ~ a ~, ~d'falum on ~ ~ d ~e insurer ~ ~ ~e~ ~al ~t mli~ me of ~ ~dll~ em~ ~ NOT ~le ~ ~ ~r I~u~.~ge~E ~ ha~ ~m~ que~ons, ~ ~e ~s~ ~ ~1 ~ur insum~e ~ier, GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF JENNIFER MACKEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 01-6914 CIVIL : CIVIL ACTION - LAW VERIFICATION I, Doris West, on behalf of Plaintiff, hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, infomiation and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. DORIS WEST GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF JENNIFER MACKEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 01-6914 CIVIL : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Denise L. Foster, Paralegal, do hereby certify that I have served a true and correct copy of the Complaint on the following: Method of Service: ~Fkst class mail Certified mail Other Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 Attorney for Defendant BOSWELL, TINTNER, PICCOLA & WICKERSHAM Denise L. Foster, Paralegal DATE: Decembe~ 2001 Brigid Q. Alford, Esquire Supreme Court I.D. #38590 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-074I (717) 236-9377 Attorneys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF JENNIFER MACKEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA ; : NO. 01-6914 CIVIL : ; : CIVIL ACTION - LAW CERTIFICATE OF NOTIFICATION I, Brigid Q. Alford, Esquire, do hereby certify that I served the Defendant, Jennifer Mackey, with the Notice of Intent to Take Default Judgment, sending same by first-class mail, postage prepaid ~,~: to her attorney, at the following address: Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 A copy of said Notice is attached hereto. DATE: January 16, 2002 BOSWELL, TINTNER, PICCOLA & WICKERSHAM l~rigid~Q. Alf~or~l, ~quire Brigid Q. Alford, Esquire Supreme Court I.D. #38590 G, Edward Schweiker~ IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF JENNIFER MACKEY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : .. : NO. 01-6914 CIVIL _. : : CIVIL ACTION - LAW NOTICE TO: JENNIFER M ACKERY, and her attorney JOSEPH J. DIXON, ESQUIRE, DEFENDANT DATE: JANUARY 16, 2002 YOU ARE IN DEFAULT BECAUSE YOU have failed to enter a written appearance personally or by attorney and file in writing with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this Notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fmd out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 AVISO IMPORTANTE A: JENNIFER MACKEY, and her attorney JOSEPH J. DIXON, ESQUIRE, DEFENDANT FECHA DEL AVISO: JANUARY 16, 2002 USTED ESTA EN REBELDIA porque ha fallado de romar la accion requerida en este case. A mcndo quc usted tome accion dent ro de los proximos diez (10) dias de la fecha de este aviso, se puede dictar un fallo en contrac suya sin llevarse a cabo una vista y usted puede perder su propiedad y otros derechos importantes. Usted debe llevar este documento immediatamente a su abogado. Si usted no tiene un abogado o no puede pagar uno, vaya o llame la oficina abajo indicada para que le informen donde puede consequir ayuda legal. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 GRANDVIEW SURGERY & LASER, CENTER Plaintiff JENNIFER MACKEY, : : Defendants : IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6914 CIVIL JURY TRIAL DEMANDED DEFENDANT~ JENNIFER MACKEY'S, ANSWER TO PLAINTIFFS' COMPLAINT Z~day ofL~~ 2002 comes the defendant AND NOW THIS Jennifer Mackey by and through her attorney Joseph J. Dixon, Esquire who respectfully responds to the complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted 4. Admitted by further answer however, it was the defendants understanding that the plaintiff would submit the billing to both automobile insurance and public assistance for payment. 5. Admitted by way of further additional answer however, at the time defendant signed the document insurance coverage was available to pay the bill. The defendant believes in therefore the avers that the defendant did not in a timely manner submit the billing for payment to either the automobile insurance or public assistance. By way of further additional answer the defendant believes and therefore avers that if the plaintiff had acted in a timely manner payment would be made. 6. Denied said averment is a conclusion of law which requires no response. To the extent however that a response is required said clause in the financial agreement is unconscionable and legally void. 7. Denied at~er reasonable investigation the defendant is unable to ascertain a truthfulness of this averment these facts are within the exclusive knowledge and control of the plaintiff. Proof of same is demanded at trial. 8. Denied after reasonable investigation the defendant is unable to ascertain a truthfullness of this averment these facts are within the exclusive knowledge and control of the plaintiff. Proof of same is demanded at trial. By way of further additional answer the alleged denial of insurance benefits was not communicated to the defendant until recently. 9. The defendant at the time the medical expenses were incurred had a insurance coverage with her primary benefits automobile carrier (Hartford Insurance Company) and/or medical assistance. Therefore there is no money due and owing by the defendant to the plaintiff. 10. Denied said averment is a conclusion of law which requires no response. To the extent of that however that a response is required, if the plaintiff had appropriately and in a timely manner billed for the services rendered payment would have been rendered. Therefore the defendant praises the honorable court dismiss the amount of the complaint against her. WHEREFORE, it is requested that the Complaint be dismissed against the defendant. Respectfully submitted, Dated~.~.~ Joseph J. Dixon, Esquire Attorney No. 28290 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for the Defendant, Jennifer Mackey CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document by depositing the same in the United States mail, First Class, postage prepaid, at the following address(es): Brigid Q. Alford, Esquire Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108 Date Joseph J. Dixon, Esquire 126 State Street Harrisburg, PA 17101 (717) 236-8515 Attorney for Claimant VERIFICATION I verify that the statements made in this are true and correct. I understand that false statements herein are made subject to the penalty of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. GRANDVIEW SURGERY & LASER CENTER, PLAINTIFF JENNIFER MACKEY, DEFENDANT IN THE COURT OF COS~ON PLEAS OF CL'MBERLAND COUNTY, PENNSYLVANIA NO. 01 -6914 CIVIL 19 RULE 1312-1, The Petition for Appointment of Arbitrators shall be substan`-ialiy i'n ,'he following form: PETITION FOR .APPOINTMENT OF ARBITRATORS TO THE HON0~ABLE, THE JUDGES OF SAID COURT: BRIGID O. ALFORD, ESQURE, , counsel for =he plaim=iff~r~X~ in the above ac:ion (or actions), respectfully represents shat: 1. The above-captioned action ~~ is (~(~= issue- 2. The claim of the plain=iff in =he action is $ 4,369.66 The counterclaim of `-he defendant in =he action is 0.00 The following attorneys are interes`-ed in =he case(s) as counsel or are o`-her- wise 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, BRIGID Q. ALFORD, ESQUI~I~E ~ NOW, ~~/J ., t9~in consideration of ch~ Esq., ~d . ~- _ ~ _ sq., are appoin~ed arbi:ra~ors in ~he ab~cap:ioned action (or actions) as prayed for. By the~ Po J. GRANDVIEW SURGERY and : IN THE COURT OF COMMON PLEAS OF LASER CENTER · CUMBERLAND COUNTY, PENNSYLVANIA V. · 01-6914 CIVIL JENNIFER MACKEY IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, March 26, 2002, the appointment of Jerry Duffie, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and George Failer, Jr., Esquire, shall be appointed in his stead. Glenn Davis, Esquire and Daniel DeArment, Esquire, shall remain as arbitrators. By the Court, George Failer, Jr., Esquire Glenn R. Davis, Esquire Daniel W. DeArment, Esquire Jerry Duffle, Esquire Court Administrator JERRY R, DUFFLE PdCHARD 1~ STEWART C ROY WEIDNER, JR. EDMUND G. MYERS DAVID W DELUCE RALPH H. WRIGHT, dR, DAVID J. LANZA MARK C DUFFIE MELISSA PEEL GREEVY MICHAEL ~L CASSIDY ROBERT3~ WALKER LAW OFFICES JOHNSON, DUFFLE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.¢om TELEPHONE 717-761-4540 FACSIMILE 717-761-3015 E-MAIL: mail~jdsw.com HORACE A. JOHNSON COUNSEL TO THE FIRkl KE1RSTEN WALSH DAVIDSON OF COUNSEL March 25, 2002 WRITER'S EXT. NO. 17 E-MAIL jrd@jdsw.eom The Honorable George F. Hoffer, President Judge Cumberland County Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Grandview Surgery & Laser Center v. Jennifer Mackey No. 01-6914 Civil (Arbitration) Dear Judge Hoffer: By Order of Court, dated March 15, 2002, I was appointed as one of the arbitrators in the above-captioned civil matter. The other arbitrators are Glenn Davis and Daniel DeArment. The purpose of this letter is to advise you that I have a conflict of interest with respect to this matter. Specifically, I am corporate counsel to Holy Spirit Ventures, Inc. Holy Spirit Ventures, Inc. is a general partner, together with Health South, in a partnership known as "Camp Hill Ambulatory Centers." Camp Hill Ambulatory Centers is the general partnership of Grandview Surgery & Laser Center, a Pennsylvania limited partnership. Obviously, it is inappropriate that I be an arbitrator in a matter involving Grandview Surgery & Laser Center. I am forwarding a copy of this letter to each of the other named arbitrators. I am returning the file (hand carried) to the Prothonotary, together with a copy of this letter. If you have questions or require additional information, please advise. Very truly yours, JRD:lar:156141 cc: Glenn R. Davis, Esquire Daniel W. DeArment, Esquire ST, T~RT Prothonotary's Office (wi encl.) (via HAND DELIVERY) & WEIDNER