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HomeMy WebLinkAbout10-0172r t: ; r T:-: 7 LAW OFFICES OF GEORGE TWARDYf, r;;'; BY: GEORGE TWARDY, JR., ESQUIRE Attorney for Plaintiff Attorney ID: 52883 1026 Winter Street, Suite 400 Philadelphia, PA 19107-1808 1-877-440-8182. INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE CUMBERLAND COUNTY SUITE 400 COURT OF COMMON PLEAS WEST CONSHOHOCKEN, PA 19428 `• CIVIL ACTION NO DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD r© .r 7 x &4/ APARTMENT 514 , HARRISBURG PA 17111 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 49'a-00 p0 A-rN Cie-* ! 5 33 2T* azzg8? 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. DAVID L BUTLER, Jr. . 3655 CHAMBERS HILL ROAD APARTMENT 514 HARRISBURG PA 17111 COMPLAINT fi,,, 16-17?- I-N:11" 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, DAVID L BUTLER, Jr., is an individual residing at 3655 CHAMBERS HILL ROADAPARTMENT 514, HARRISBURG PA 17111. 3. As a result of a certain medical condition, Defendant, DAVID L BUTLER, Jr., was admitted to Carlisle Regional Medical Center on 01/05/2006 through 01/05/2006. 4. Carlisle Regional Medical Center rendered services to Defendant, DAVID L BUTLER, Jr., 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 $1061.92 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, DAVID L BUTLER, Jr.. 6. Said medical care was commensurate with the condition of Defendant, DAVID L BUTLER, Jr., 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 01/05/2006, Defendant, DAVID L BUTLER, Jr., was discharged from Carlisle Regional Medical Center. 9. No payments have been made, and Defendant, DAVID L BUTLER, Jr., breached the agreement with Carlisle Regional Medical Center by failing and/or refusing to pay the balance of the agreed price, $1061.92, although requested to do so by Plaintiff and their attorneys. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1061.92, 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 Y: f ORGE TWARDY, JR., ESQUIRE ATTORNEY FOR PLAINTIFF EXHIBIT P-1 12/23/09 HEALTH MANAGEMENT ASSOCIATES DA04 COID: 858 ACCOUNT #: 9328928 DISCHARGE ACCOUNTS RECEIVABLE RECORD PAT NAME: BUTLER, DAVID L ADMIT: 01/05/06 FINANCIAL CLASS: 9 P GAR NAME: BUTLER, DAVID L DISCHARGE: 01/05/06 CONTRACT FREQ: S STREET: 29 EAST NORTH ST APT 6 LAST PAY: 01/05/06 MAIL RETURN: ADDR-2: PROGRAM: PAT TYPE: E1 CITY: CARLISLE PA 17013 CONTRACT: .00 PAT SEX: M PHONE: (717) 249-3724 COUNTRY: US CURR BAL: .00 GAR SEX: M EMPLOYER: WEIS MARKETS TOT CHARGES: 1,061.92 AGENCY CNCL: CSA CODE DATE INSURANCE AGENCY BAL: .00 1: 978 08/24/06 1,061.92- CODE PLAN DATE STAT POLICY NO 2: 1: 3: 2: 4. 3: 5: LST ACTN: 99 11/08/07 3: TT 03/31/06 PAY AUD 1: QQ 08/23/06 4: L1 03/14/06 PROCESS REVIEW PAY AUD 2: UU 08/16/06 5: S3 01/31/06 DATE USER DATE ARTRAC ASSGN: 02/02/06 RETN 03/14/06 REASON 985 11/08/07 PBY454 00/00/00 1 SOLD A/R TO IPI $1,061.92 11/08/07 PBY454 00/00/00 1 PRIM CD:CUN-UNCOLLECTABLE ; SEC CD:CSA-UNCOLLECTABL 08/07/06 ASST 00/00/00 15:55 res 717-243-3113 left message 08/07/06 ASET 00/00/00 15:55 res 717-243-3113 left message 1=UP,2=PT,3=GAR,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTU,10=DET,_11=LOG,I3=ADJ,ENT=FW 4-© A Sess-1 10.200.98.7 XCAL2001 _ #§ 2/13 Printed on 12/23/09 08:52:33 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: rA a Gina Sposito SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy , ~ttttr o{ ~"stirabrfi~~f~4 t, ~.. _ , ,,-,. 2~~~~r1~~~ rillf{•L1/ Edward L Schorpp Solicitor International Portfolio Inc. vs. David L. Butler, Jr. 4F~ i ",~ -,.c 3rEh,IFF ~Li krj.. , --.:Tir .._.:i. ~' ,-' . , . Case Number 2010-172 SHERIFF'S RETURN OF SERVICE 01/13/2010 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: David L. Butler Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 01/20/2010 09:55 AM -Dauphin County Return: And now January 20, 2010 at 0955 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David L. Butler Jr. by making known unto himself personally, at 3655 Chambers Hill Road, Apt. 514, Harrisburg, PA 17111 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANS ERS, \, r', .,•'` January 22, 2010 ~ROPi " R ANDERSON, SHERIFF t `,, v c?. i;ouc?;Sui4r 5:"rr,ff. T2IPU5„1. In; Mary Jane Sn~der Real Estate Depu William T. Tully Solicitor ~. ~~ Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin INTERNATIONAL PORTFOLIO INC. VS DAVID L BUTLER, JR Sheriff s Return No. 2010-T-0132 OTHER COUNTY NO. 2010172 And now: JANUARY 20, 2010 at 9:55:00 AM served the within COMPLAINT upon DAVID L BUTLER, JR by personally handing to DAVID L BUTLER, JR 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 3655 CHAMBERS HILL ROAD APT 514 HARRISBURG PA 17111 Sworn and subscribed to before me this 21ST day of January, 2010 ~/ NOTARIAL SEAL ARY JANE SNYDER, Notary Public Highspire, Dauphin County M • Commission Ex Tres Set 1, 2010 So Answers, ~~°~~~ Sheriff of 'o a~ /''` ~ ~Cy Rv Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $47.25 1/15/2010 In The Court of Common Pleas of Cumberland County, Pennsylvania International Portfolio, inc. vs. David L. Butler Jr. 3655 Chambers Hill Road Apt. 514 Harrisburg, PA 17111 Civil No. 2010-172 Now, January 13, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. -~2~ ....~...~~ Sheriff of Cumberland County, PA Now, _ within upon at Affidavit of Service 20 , at o'clock M, served the by handing to a and made known to copy of the original the contents thereof. So answers, Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT County, PA IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 vs. DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD APT 514 HARRISBURG PA 17111 NO. CI-10-172 rTIV? , °- Y PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, International Portfolio Inc., and against Defendant, DAVID L BUTLER, Jr. for want of an answer in the amount of: Debt: $1061.92 Interest/costs: $190.25 + ongoing Total: $1252.17 I certify that the forgoing assessment of damages if for the specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. Pursuant to PA R.C.P. No. 237 (Notice of Praecipe for Final Judgment), I certify that a copy of this Praecipe has been mailed to each party who has appeared in the action or to his or her Attorney of Record. Pursuant to Pa. R.C.P., I certify that written Notice of Intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his Attorney of Record if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe for not filing an answer to the co Taint. 7, DATE: ?Jr. Esquir Attorney for International Portfolio, Inc. 'kb NOW, 16 JUDGMENT IS ENTERED ABOVE Prot notary/clerk, ivil Division By:_ Deputy 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 CUMBERLANDCOUNTY INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 NO. CI-10-172 VS. DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD APT 514 HARRISBURG PA 17111 CERTIFICATE OF SERVICE- PRAECIPE FOR JUDGMENT I, George Twardy, Jr., Esquire, do hereby certify that a true and correct copy of the Praecipe for Judgment regarding the above captioned matter has been forwarded via U.S. First Class Mail, on 16/1( to the following: DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD APT 514 HARRISBURG PA 17111 TWARDY & ASSOCIATES, LLC By: George Twardy, Jr., Attorney for Plaintiff TWARDY & ASSOCIATES, LLC BY: GEORGE TWARDY, JR., ESQUIRE ATTORNEY ID# 52883 1026 WINTER STREET, SUITE 400 PHILADELPHIA, PA 19107 TEL.# 1-877-440-8182 Attorney for Plaintiff INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. DAVID L BUTLER, Jr. NO. CI-10-172 3655 CHAMBERS HILL ROAD APT 514 HARRISBURG PA 17111 VERIFICATION OF NON-MILITARY SERVICE I here by verify that I am Attorney for Plaintiff in the above captioned matter, and that on information and belief, I have knowledge of the following facts, to wit: (a) That the Defendant(s) is/are not in the Military or Naval Service of the United State or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) That the Defendant, DAVID L BUTLER, Jr. Or occupants, is over 18 years of age, and resides at 3655 CHAMBERS HILL ROAD APT 514, HARRISBURG PA 17111 This statement is made subject to the penalties of 10 PA CSS 4904 relating to unsworn falsification to authorities. eorge Twardy, Jr. Esq. Attorney for Plaintiffs 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 CUMBERLANDCOUNTY INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 NO. CI-10-172 V3. DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD APT 514 HARRISBURG PA 17111 CERTIFICATE OF SERVICE- RULE 236 NOTICE I, George Twardy, Jr., Esquire, do hereby certify that a true and correct copy of the Rule 236 Notice regarding the above captioned matter has been forwarded via U.S. First Class Mail, on 0,1 16 , to the following: DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD APT 514 HARRISBURG PA 17111 TWARDY & ASSOCIATES, LLC l By: George Twardy, Jr., quire Attorney for Plaintiff 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 CUMBERLANDCOUNTY INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 NO. CI-10-172 VS. DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD APT 514 HARRISBURG PA 17111 CERTIFICATE OF SERVICE- NOTICE OF PRAECIPE TO ENTER JUDGMENT I, George Twardy, Jr., Esquire, do hereby certify that a true and correct copy of the Notice of Praecipe for Judgment regarding the above captioned matter has been forwarded via U.S. First Class Mail, on to the following: DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD APT 514 HARRISBURG PA 17111 TWARDY & ASSOCIATES, LLC. T By: George Twardy, Jr., Es Attorney for Plaintiff TWARDY & ASSOCIATES, LLC to. Fi=Phiifladelphla ATTORNEYS AT LAW Toll Free: 877-440-8182 13 Havertown D Voorhees www.twardyandassociates.com April 5, 2010 DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD HARRISBURG PA 17111 RE: INTERNATIONAL PORTFOLIO, INC. v. DAVID L BUTLER, Jr. Docket#: CI-10-172 COURT OF COMMON PLEAS CUMBERLAND COUNTY Dear DAVID L BUTLER, Jr., Enclosed please find a copy of the Notice of Praecipe to Enter Judgment by Default. You are advised to take the appropriate legal action immediately so as to avoid judgment being entered against you in this matter. If you wish to amicably resolve this matter please feel free to call our office at the above toil free number. Sinc ly, George Twardy, Jr, Esq. Attorney for Plaintiff, Internation ll'ortfolio, Inc. GT/pr Encl. PHILADELPHIA OFFICES 1026 WINTER STREET NEW JERSEY OFFICES SUITE 400 22 ALPHA AVENUE PHILADELPHIA, PA 19107-1808 VOORHEES, NJ 08043 EMAIL: gtwardyesq®twardyandassodates.com DELAWARE COUNTY OFFICES 806 DARBY ROAD HAVERTOWN, PA 19083 Office of Prothonotary of Court of Common Pleas of Cumberland County NOTICE OF ENTRY OF JUDGMENT, ORDER OR DECREE INTERNATIONAL PORTFOLIO, INC, Plaintiff VS Case Number CI-10-172 DAVID L BUTLER, 3r., Defendant Pursuant to requirements of Pennsylvania Civil Procedural Rule #236, you are notified that there was entered in this office today, in the above-captioned case - _x Judgment of $1252.17 for Plaintiff and against Defendant -Judgment for Defendant and against Plaintiff Order or Decree in favor of Date: Mailed: First Class Mail To: DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD APT 514 HARRISBURG PA 17111 THONOT RY Twardy and Associates, LLC By: George Twardy, Jr., Esquire Identification No. 52883 1026 Winter Street Suite 400 Philadelphia, PA 19107 1-877440-8182 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 * NO. CI-10-172 Vs. DAVID L BUTLER, Jr. 3655 CHAMBERS HILL ROAD APARTMENT 514 HARRISBURG PA 17111 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: DAVID L BUTLER, Jr. Defendant DATE OF NOTICE: f' IMPORTANT NOTICE 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 DE 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 FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Telephgne: 717-249-3166 George Twardy, Jr., Esquire Attorney for Plaintiffs International Portfolio Inc. 1026 Winter St Philadelphia, PA 19107-1808 Phone: 877-440-8182 ID_ No. 52883