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HomeMy WebLinkAbout10-0275LAW 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. JEANNE KINSLER And CHARLES KINSLER, Jr. 1139 CENTERVILLE RD NEWVILLE PA 17241-9554 H/W Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO 10-a,75 COMPLAINT - CIVIL ACTION N 0 .,r film t F w n Q ?o 0,10 TeIK 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 *q.1.00 PO ATW c1c.*0 1564 Itrr a aA8 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 INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 VS. JEANNE KINSLER And CHARLES KINSLER, Jr. 1139 CENTERVILLE RD NEWVILLE PA 17241-9554 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO H/W 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. Defendants, JEANNE KINSLER and CHARLES KINSLER, Jr., are husband and wife and are adult individuals residing at 1139 CENTERVILLE RD, NEWVILLE PA 17241-9554. 3. As a result of a certain medical condition, Defendant, JEANNE KINSLER, was admitted to Carlisle Regional Medical Center on 01/28/2006 through 01/28/2006. 4. Carlisle Regional Medical Center rendered services to Defendant, JEANNE KINSLER, 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 $943.43 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 Defendants, JEANNE KINSLER and CHARLES KINSLER, Jr.. 6. Said medical care was commensurate with the condition of Defendant, JEANNE KINSLER, 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 Defendants 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 01/28/2006, Defendant, JEANNE KINSLER, was discharged from Carlisle Regional Medical Center. 9. At or about the time that treatment was rendered, Defendant, CHARLES KINSLER, Jr. was the spouse of Defendant, JEANNE KINSLER, and is therefore liable for the cost of necessaries furnished to Defendant, JEANNE KINSLER. 10. No payments have been made, and Defendants, JEANNE KINSLER and CHARLES KINSLER, Jr., breached the agreement with Carlisle Regional Medical Center by failing and/or refusing to pay the balance of the agreed price, $943.43, although requested to do so by Plaintiff and their attorneys. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $943.43, plus six percent (6%) interest per annum, from the date of discharge to the date of judgment, and record and non-record costs. TWARD ND ASSOCIATES GEORGE TWARDY, JR., ESQUIRE ATTORNEY FOR PLAINTIFF EXHIBIT P-1 01/06/10 HEALTH MANAGEMENT ASSOCIATES ACCOUNT #: 9330593 DISCHARGE ACCOUNTS RECEIVABLE RECORD PAT NAME: KINSLER, JEANNE E ADMIT: 01/28/06 GAR NAME: KINSLER, JEANNE E DISCHARGE: 01/28/06 STREET: PO BOX 849 LAST PAY: 01/28/06 ADDR-2: PROGRAM: CITY: CARLISLE PA 17013 CONTRACT: .00 DA04 COID: 858 FINANCIAL CLASS: CONTRACT FREQ: MAIL RETURN: PAT TYPE: PAT SEX: PHONE: (717) 386-9132 COUNTRY: US CURR BAL: .00 GAR SEX: EMPLOYER: UNEMPLOYED TOT CHARGES: 943.43 AGENCY CNCL: CODE DATE INSURANCE AGENCY BAL: 1: 978 09/03/06 943.43- CODE PLAN DATE 2: 3: 4: 5: PROCESS DATE USER 11/08/07 PBY454 11/08/07 PBY454 02/09/07 ASET 11/09/06 ASET STAT POLICY 1: 2: 3: LST ACTN: 99 11/08/07 3: NN PAY AUD 1: KK 09/02/06 4: Ll REVIEW PAY AUD 2: UU 08/26/06 5: S1 DATE ARTRAC ASSGN: 02/27/06 RETN 04/09/06 00/00/00 I SOLD A/R TO IPI $943.43 00/00/00 I PRIM CD:CSA-UNCOLLECTABLE ; SEC CD: 00/00/00 14:45 is #17 60670 53126 00/00/00 10:26 DKOP 9 P S E F F CSA .00 NO 04/24/06 04/09/06 01/31/06 REASON 985 CSA-UNCOLLECTABL 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 XCAL4097 #§ 2/13 Printed on 01/06/10 15:41:56 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. f -7110 Date. . Ana posito SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff cow", of ?umbrr/ b OMCE OF THE S?IERIFF PL ^T , n. 2010 J 2t' J Jody S Smith Chief Deputy Edward L Schorpp Solicitor International Portfolio Inc. vs. Charles Kinsler, Jr. Case Number 2010-275 SHERIFF'S RETURN OF SERVICE 01/22/2010 11:45 AM - Valerie Weary, Deputy Sheriff, who being duly swom according to law, states that on January 22, 2010 at 1145 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles Kinsler Jr., by making known unto himself personally, at 1139 Centerville Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/22/2010 11:45 AM - Valerie Weary, Deputy Sheriff, who being duly swom according to law, states that on January 22, 2010 at 1145 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeanne Kinsler, by making known unto herself personally, at 1139 Centerville Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $54.80 January 25, 2010 SO ANSWERS, Y R ANDERSON, SHERIFF gy ?? Deputy Sheriff {c) GountySuite Shent Teleosoft, Inc. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE TO SETTLE, SATISFY, DISCONTINUE International Portfolio Inc. JEANNE KINSLER vs. Plaintiff(s) CASE NO. 10-275 vs. TO THE PROTHONOTARY: Defendant(s) :r-: f=- .. -? I -T1 Additional Defendant(s) Please mark the above matter settled, ended, discontinued and costs paid. THIS MATTER WAS INDEXED FOR THE FOLLOWING: Arbitration Award (date) ?----? -' Default Judgment (date) Lis Pendens (date) Attorney for Plaintiff(s) Other (date) Complaint Filed January 8, 2010 Attorney for Defendant(s) Attorney for NOTE: Signature of Defendant(s) Counsel, Additional Defendant(s) Counsel needed if case has an additional Defendant, Counterclaim or Crossclaim(s). DISCONTINUANCE CERTIFICATE AND NOW, suit has been marked as above directed. PROTHONOTARY