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HomeMy WebLinkAbout09-8866Twardy and Associates, LLC By: George Twardy, Jr., Esquire Identification No. 52883 1026 Winter Street Suite 400 Philadelphia, PA 19107 1-877-440-8182 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 vs. SHELBY J BACZ 139 NORMAL AVENUE APARTMENT C-2 KUTZTOWN PA 19530 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Twardy and Associates, LLC By: George Twardy, Jr., Esquire Identification No. 52883 1026 Winter Street Suite 400 Philadelphia, PA 19107 1-877-440-8182 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 VS. SHELBY J BACZ 139 NORMAL AVENUE APARTMENT C-2 KUTZTOWN PA 19530 COMPLAINT 1. Plaintiff, International Portfolio, Inc., is the Assignee of the debt from Carlisle Regional Medical Center, with offices in CUMBERLAND, Pennsylvania. At all times mentioned herein, Plaintiff is regularly licensed and authorized to do business as a Corporation in the Commonwealth of Pennsylvania. 2. Defendant, SHELBY J BACZ, is an individual residing at 139 NORMAL AVENUEAPARTMENT C-2, KUTZTOWN PA 19530. 3. As a result of a certain medical condition, Defendant, SHELBY J BACZ, was admitted to Carlisle Regional Medical Center on 01/0412006 through 01/04/2006. 4. Carlisle Regional Medical Center rendered services to Defendant, SHELBY J BACZ, of the kinds and for the prices set forth in their bill which is now part of Plaintiff's records and is set forth as Exhibit P-1. 5. The charges of $1691.73 for Carlisle Regional Medical Center's services were fair, reasonable, and proper charges for the same at the time that they were rendered, and they were agreed to by the Defendant, SHELBY J BACZ. 6. Said medical care was commensurate with the condition of Defendant, SHELBY J BACZ, and was necessary for the health and welfare of Defendant. 7. At or about the time that Defendant received treatment from Carlisle Regional Medical Center, implied, constructive and/or verbal contracts were made between the parties, and Defendant agreed to pay Carlisle Regional Medical Center for the charges of the medical care provided to Defendant by Carlisle Regional Medical Center. 8. On or about 01/04/2006, Defendant, SHELBY J BACZ, was discharged from Carlisle Regional Medical Center. 9. No payments have been made, and Defendant, SHELBY J BACZ, breached the agreement with Carlisle Regional Medical Center by failing and/or refusing to pay the balance of the agreed price, $1691.73, although requested to do so by Plaintiff and their attorneys. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1691.73, plus six percent (6%) interest per annum, from the date of discharge to the date of judgment, and record and non-record costs. TWARDY AND ASSOCIATES BY: /O07 GEORGE TWARDY, JR., ESQUI ATTORNEY FOR PLAINTIFF EXHIBIT P-1 12/23/09 HEALTH MANAGEMENT ASSOCIATES DA04 COID: 858 ACCOUNT #: 4999635 DISCHARGE ACCOUNTS RECEIVABLE RECORD PAT NAME: BACZ, SHELBY J ADMIT: 01/04/06 FINANCIAL CLASS: 9 P GAR NAME: BACZ, SHELBY J DISCHARGE: 01/04/06 CONTRACT FREQ: S STREET: 99 BEETEM HOLLOW ROAD LAST PAY: 01/04/06 MAIL RETURN: ADDR-2: PROGRAM: PAT TYPE: E1 CITY: NEWVILLE PA 17241 CONTRACT: .00 PAT SEX: F PHONE: (717) 623-1436 COUNTRY: US CURR BAL: .00 GAR SEX: F EMPLOYER: NOT EMPLOYED TOT CHARGES: 1,576.48 AGENCY CNCL: CSA CODE DATE INSURANCE AGENCY BAL: .00 1: 978 08/06/06 1,576.48- CODE PLAN DATE STAT POLICY NO 2: 1: 3: 2: 4. 3: 5: LST ACTN: 99 11/08/07 3: TT 03/13/06 PAY AUD 1: QQ 08/05/06 4: L1 02/23/06 PROCESS REVIEW PAY AUD 2: UU 07/29/06 5: Ll 02/20/06 DATE USER DATE ARTRAC ASSGN: 01/31/06 RETN 00/00/00 REASON 11/08/07 PBY454 00/00/00 1 SOLD A/R TO IPI $1,576.48 11/08/07 PBY454 00/00/00 1 PRIM CD:CUN-UNCOLLECTABLE ; SEC CD:CSA-UNCOLLECTABL 07/10/06 ASET 00/00/00 18:57 is #57 05/17/06 ASST 00/00/00 09:11 res 717-486-8723 3 tone 1=UP,2=PT,3=GAR,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTU,10=DET,ll=LOG,I3=ADJ,ENT=FW 4-© A Sess-1 10.200.98.7 XCAL2001 #§ 2/13 Printed on 12/23/09 08:51:29 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, that she is Gina Sposito, Supervisor of Customer Care of International Portfolio, Inc., plaintiff herein, that she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action, and any attachments thereto, are true and correct to the best of her knowledge, information and belief. Date: 1 Ul ?3 Gina Sposito 2009 DEC 29 W 1 1 : 05 ! lry c? _ _ NI "Oal. a4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor International Portfolio Inc. vs. Shelby J. Bacz F ~~°'~~~ 9f t'~~titiLrrl,~~1 ti ~. f1LE~-~:: ;~~~~~ it T' tr D"'^-' i ;n:ti, .r. ~~~~ FCB -~ ~{ ~ ~ ~ ~~ CIJ~~"f ~~..;u yi1' Case Number 2009-8866 SHERIFF'S RETURN OF SERVICE 01/12/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Shelby J. Bacz, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Berks County, PA to serve the within Complaint and Notice according to law. 01!25/2010 Berks County Return: And now, January 25, 2010 I, Eric J. Weaknecht, Sheriff of Berks County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Shelby B. Bacz the defendant named in the within Complaint and Notice and that I am unable to find her in the County of Berks and therefore return same NOT FOUND. Deputies were advised there is no such tennant at 139 Normal Avenue, Apt. C-2, Kutztown, PA 19530. SHERIFF COST: $37.00 February 03, 2010 SO AN S ,• . ,, R ANDERSON, SHERIFF s; Gouni, Suite S!?er*.1. Te!.ecsoft, 4x;. ` COUNTY OF BERKS, PENNSYLVANIA *~`.~~RTY`jNO~~ SHERIFF'S DEPARTMENT Courthouse- 3rd Floor Phone: 610.478.6240 633 Court Street Fax: 610.478.6222 7 .' n Reading, PA 19601 R ~ s• ~F.Q~s ~>1U~~~ Eric J. Weaknecht, Sheriff Anthony Damore, Chief Deputy AFFIDAVIT OF SERVICE DOCKET NO. 09-8866 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, John Phillips, Deputy for Eric J. Weaknecht, Sheriff of Berks County, 633 Court Street, Reading, Pennsylania, who being duly sworn according to law, deposes and says that after diligent search having been made by him, he was unable to find SHELBY J. BACZ, within named defendant, within this bailiwick. ~~:.; ~ ~ DEPUT S RIFF OF BERKS COUNTY., PA John Phillips Notes: 1/22/2010 COBRA: 1053 SPRUCE ST ALLENTOWN PA 18106 (OLD '02) 1/22/2010 PHONE: NO LISTING 1/22/2010 ASSESS: NO MATCH ON NAME OR ADDRESS 1/22/2010 JNET: 1824 HEISHMAN GARDENS CARLISLE PA 17013 (ISSUED'06) Per rental office - no suchperson is a tennant. Left card anyway. • Sworn and subscribed before a ~~~ "`~~ is 25 day o n, 2010 REMCCA OXENREiDER ,~ No/ory PubUc tA~ n ~ ~ i1 n CtfY, EEkKt COUNTY 11 1 I U U _ ExPRM Fsb 22, 2012 NOTARY PUSU[C, READING, BERKS CO., PA Sheriffs Costs in Above Proceedings $ 75.00 DEPOSIT $ 56.00 ACTUAL COST OF CASE $ 19.00 AMOUNT OF REFUND "NOT FOUND" as to the above named defendant So Answers, 'c--" v ~'~ ~~- SHFR~' OF' 13'~~RKS COUNTY, PA Eric J.;~?Veaknecht All Sheriffs Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any part liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. _Sec. 2, Act of June 20, 1911, P.L/ 1072 Dedicated to public service with integrity, virtue & excellence www.countyofberks.com/sheriff 3J!~~;iQ1") ~~tfCfi~ "a'kY~ON ~ i fI .. > lilt+~:. ~ + ^+ClidlffflCtn:7 1/1M~ In Tlie Court of Common Pleas of Cumberland Count y, Pe~sylvan~ c-: .~. , ~ ~'~ ~_ ~.= International Portfolio Inc. ~ ~- , ~ ~ -,, , vs. Shelby J. Bacz '~ ~' `~'- -' 139 Normal Avenue Apt. C-2 ~U' c= _ v `. Kutztown, PA 19530 ~ Civil No. 2009-8866 Now, January 12, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Berks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. - ----- -- ~ ...................,,,,,..y, Now, within upon at by handing to a and made known to Affidavit of Service 20 , at o'clock M, served the So answers, the contents thereof. County, PA Sworn and subscribed before me this day of ,Zp COSTS SERVICE_ MILEAGE_ AFFIDAVIT copy of the original Twardy and Associates, LLC By: George Twardy, Jr., Esquire Identification No. 52883 1026 Winter Street Suite 400 Philadelphia, PA 19107 1-877-440-8182 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 VS. . SHELBY J BACZ 139 NORMAL AVENUE APARTMENT C-2 KUTZTOWN PA 19530 No. 2009-8866 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: -A m rv (J^ } , _. A t k Kindly reinstate the Civil Action Complaint in the above-captioned matter which was originally filed with the Prothonotary on December 29, 2009. The cost of $10.00 for reinstatement was paid with the filing of this Praecipe. TV_IARDY & ASSOCIATES, LLC By: George Twardy Jr.; Esquire Attorney for Plaintiff, IPI 410.00 Pa A,mf i 61 asaI 0 aug3.3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~~~~t'~r of ~u,nhrr{,~~~~ Jody S Smith ~'. Chief Deputy Richard W Stewart Solicitor ~"~~'~~ _"~ ~"F'"`-~'rr International Portfolio Inc. Case Number vs. 2009-8866 Shelby J. Bacz SHERIFF'S RETURN OF SERVICE 08/27/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Shelby J. Bacz, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Crawford County, PA to serve the within Complaint and Notice according to law. 09/15/2010 Crawford County Return: And now, September 15, 2010 I, Walter Hoke, Sheriff of Crawford County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Shelby J. Bacz the defendant named in the within Complaint and Notice and that I am unable to find her in the County of Crawford and therefore return same NOT FOUND. Deputies were advised the defendant is now incarcerated at the Cumberland County Prison. SHERIFF COST: $37.44 September 28, 2010 SO ANSWERS, .• RON R ANDERSON, SHERIFF .../~ CJ ;^k`~ x,7,7 t ~l f,n "' "'e'1 X"'"1-- 1 E -a r"°^ ~ s ~ . ~ ~fi7 ~.~ ~ ~~ ' ~ - -9 ttiy ~ -.; w {c) CountySuite Sherff TE7iacsoft, In. SHERIFF'S OFFICE OF CRAWFORD Walter C Hoke '"~ II'~ ~" ,ili F~°' Y' '~ Sheriff Ira C Custard Chief Deputy COUNTY Robert Bailey County Solicitor Diane M Sparks Office Manager Intemationai Portfolio Inc. vs. Shelby J. Bacz Case Number 2009-8866 SHERIFF'S RETURN OF SERVICE 09/15/2010 Sheriff Walter C Hoke, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shelby J. Bacz, but was unable to locate the Defendant in his bailiwick The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at SCI Cambridge Springs, 451 Fullerton Ave., Cambridge Springs, PA 16403. the defendant has been in Cumberland County since 9-2-10 SHERIFF COST: $47.60 September 21, 2010 SO ANSWERS, WALTER C HOKE, SHERIFF /~' .> /~~ PROTHONOTARY Affirmeed and subscribed to before me this I~ aa day of C/ti~~ :. a ,~ _ _!4. inc_ of CU 'David(D. Buell M Q cnee 7(, Simpson Prothonotary wall! f Deputy Prothonotary o \\i0 1L !'U' o zr S. Soho e, ESQ 17► Irene E. Morrow Solicitor 7750 24 Deputy Prothonotary Office of the Prothonotary Cum6erfand County, cPennsyfvania O9—9 RAW CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, SPA 17013 • (717)240-6195 • Fa.K,(717)240-6573