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HomeMy WebLinkAbout09-8867N LAW OFFICES OF GEORGE TWARDY, JR. BY: GEORGE TWARDY, JR., ESQUIRE Attorney ID: 52883 1026 Winter Street, Suite 400 Philadelphia, PA 19107-1808 ? -877-440-8182 INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 v. JOSE E AYALA 547 GORDON STREET READING PA 19601 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS ©9' X67 CIVIL ACTION NO 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 LAW OFFICES OF GEORGE TWARDY, JR. BY: GEORGE TWARDY, JR., ESQUIRE Attorney ID: 52883 1026 Winter Street, Suite 400 Philadelphia, PA 19107-1808 1-877-440-8182 INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 V. JOSE E AYALA 547 GORDON STREET READING PA 19601 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO COMPLAINT - CIVIL ACTION 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. Lancaster Bar Association Lawyer Referral Service 28 East Orange Street Lancaster, PA 17602 Telephone: 717-393-0737 "ISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su medidas y puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta damanda. Usta puede perder dinero o sus propiedades u otros derechos importantes para usted. "LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL." Asociacion De Licenciados De Lancaster County Servico De Referencia E. Informacion Legal Lancaster Bar Association Lawyer Referral Service 28 East Orange Street Lancaster, PA 17602 Telephone: 717-393-0737 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. JOSE E AYALA 547 GORDON STREET READING PA 19601 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, JOSE E AYALA, is an individual residing at 547 GORDON STREET, READING PA 19601. 3. As a result of a certain medical condition, Defendant, JOSE E AYALA, was admitted to Carlisle Regional Medical Center on 01/03/2006 through 01/04/2006. 4. Carlisle Regional Medical Center rendered services to Defendant, JOSE E AYALA, 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 $1609.83 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, JOSE E AYALA. 6. Said medical care was commensurate with the condition of Defendant, JOSE E AYALA, 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, JOSE E AYALA, was discharged from Carlisle Regional Medical Center. 9. No payments have been made, and Defendant, JOSE E AYALA, breached the agreement with Carlisle Regional Medical Center by failing and/or refusing to pay the balance of the agreed price, $1609.83, although requested to do so by Plaintiff and their attorneys. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1609.83, 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 l /? z3 a? GlEORGE TWARDY, J ., ESQUIRE ATTORNEY FOR PLAINTIFF EXHIBIT P-1 12/23/09 HEALTH MANAGEMENT ASSOCIATES DA04 COID: 858 ACCOUNT #: 7561669 DISCHARGE ACCOUNTS RECEIVABLE RECORD PAT NAME: AYALA, JOSE ADMIT: 01/03/06 FINANCIAL CLASS: 9 I GAR NAME: AYALA, JOSE DISCHARGE: 01/04/06 CONTRACT FREQ: S STREET: 31 SPRING GARDEN EST LAST PAY: 02/09/06 MAIL RETURN: ADDR-2: PROGRAM: PAT TYPE: OS CITY: CARLISLE PA 17013 CONTRACT: .00 PAT SEX: M PHONE: (717) 386-9479 COUNTRY: US CURR BAL: .00 GAR SEX: M EMPLOYER: CARLISLE T AND W TOT CHARGES: 20,758.33 AGENCY CNCL: CSA CODE DATE INSURANCE AGENCY BAL: .00 1: 980 01/04/06 29.55 CODE PLAN DATE STAT POLICY NO 2: 951 02/09/06 9,036.09- 1: 200 BC3 02/09/06 20,758 P CLY80004921300 3: 200 02/09/06 10,232.66- 2: 4: 984 02/10/06 16.90- 3: 5: 978 10/06/06 1,489.58- LST ACTN: 99 11/08/07 3: TT 05/22/06 PAY AUD 1: QQ 10/05/06 4: L1 05/02/06 PROCESS REVIEW PAY AUD 2: UU 09/28/06 5: S1 02/13/06 DATE USER DATE ARTRAC ASSGN: 03/06/06 RETN 05/02/06 REASON 985 11/08/07 PBY454 00/00/00 1 SOLD A/R TO IPI $1,489.58 11/08/07 PBY454 00/00/00 1 PRIM CD:CUN-UNCOLLECTABLE ; SEC CD:CSA-UNCOLLECTABL 05/23/06 ASET 00/00/00 16:11 lser #888 et T02MFXNCR index 347062104 05/02/06 RTRC 00/00/00 RTN UNCOL* RETURN UNCOLLECTIBLE 089 1=UP,2=PT,3=GAR,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTU,I0=DET,II=LOG, I3=ADJ,ENT=FW 4-© A Sess-1 10.200.98.7 XCAL2001 #§ 2/13 Printed on 12/23/09 08:50:56 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: I o?o I ?? r 1 rr ?L TL k?y W 20019 HC 29 iii 1 1 ' iJ I ar ,.,,ii°V ! it,J C 0?2 - 6?0 "Ow. 4 4-4 /S3? --z SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~~~~~4 0~ ~il~ri(~er1~~~ ... 20! 0 FED - 9 ~!~ ! ! Edward L Schorpp Solicitor ~F~ ~ ~ s:- t ~.~ ;' International Portfolio Inc. vs. Jose E. Ayala Case Number 2009-8867 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: Jose E. Ayala, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Berks County, PA to serve the within Complaint and Notice according to law. 01/27/2010 Berks County Return: And now, January 27, 2010 I, Eric J. Weaknecht, Sheriff of Berks County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Jose E. Ayala the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Berks and therefore return same NOT FOUND. Resident of 655 Tulpehocken Street said no one by Jose E. Ayala resided at this street address. A person named Jose Ayalia lived at 636 Tulpehocken Street, but this is not the defendant. SHERIFF COST: $37.00 SO AN RS, ~' r y.._.._ February 04, 2010 BONN R ANDERSON, SHERIFF .. Cow,rySuitr:. She; ~+}. Teiecarri. r; ~c. COUNTY OF BERKS, PENNSYLVANIA ti~~~RTY*IN~~`.o SHERIFF' S DEPARTMENT Courthouse- 3rd Floor Phone: 610.478.6240 ~ ~ 633 Court Street Fax: 610.478.6222 7 ~ ~ Reading, PA 19601 ~~ ~~ Eric J. Weaknecht, Sheriff Anthony Damore, Chief Deputy ~P,~S,* (`0~~ AFFIDAVIT OF SERVICE DOCKET NO. 09-8867 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS Personally appeared before me, James Rothharpt, 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 JOSE E. AYALA, within named defendant, within this bailiwick. d PUTY SHERIFF OF BERKS COUNTY., PA James Rothharpt Notes: A resident at 655 Tulpehocken Street said no one by that name lived there A Jose Ayala lived at 636 Tulpehocken Street, but he was not the defendant Sworn and subscribed before 27 day Tan, 2010 NOTARIAL SEAL RElECCA OXFNREIOER Notary -ubNC REAaNO clTy, •ER!!>i COUN1y ~Yly~ommlaslon Explnx Nb Z2. ZOt Z "NOT FOUND" as to the above named defendant NOTARY P~B~,IC, READING, BERKS CO., PA Sheriffs Costs in Above Proceedings $ 75.00 DEPOSIT $ 45.00 ACTUAL COST OF CASE $ 30.00 AMOUNT OF REFUND So Answers, SHERff OF BERitS COUNTY, PA Eric J. Weaknecht 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 8 excellence www.countyofberks.com/sheriff .~< ~tlClr?4 > ty,F~'; to In The Court of Common Pleas of Cumbe rland County, Pennsylvania ~-, Q ~J~3 International Portfolio Inc. ~ ~ ~ -Y .... ~`~ _~ ~ ~ ~ vs. ~-~ ~ o ~-~ , Jose E. Ayala °~" ~' 547 Gordon Street D f t ~' 4 :, _~' Reading, PA 19601 t~ `=' ~ "- ~ _ ~ , 0 Civil No. 2009-8867 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. ~.G/--- ~yfenii oT Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a and made known to So answers, Sheriff of Sworn and subscribed before me this day of ,20 COSTS SERVICE_ MILEAGE_ AFFIDAVIT copy of the original the contents thereof. County, PA OF CU t DaDavid-D. Buell-Buell- 't e. Renee X Simpson Prothonotary AFT y 1St Deputy Prothonotary 7�i't ks. �to Sohonage, �S Q •.` Irene E. Morrow Solicitor ,75 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, (Pennsylvania O9-ego 7 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, PA 17013 • (717)240-6195 • Fa.,(717)240-6573