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HomeMy WebLinkAbout10-0276A 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. IAN D NEFF 4 N DICKINSON SCHOOL ROAD CARLISLE PA 17015-9611 c7 Attorney for Plaint' TF C, CUMBERLAND COUNTY COURT OF COMMON PLEAS N 0 d c.-. i co w w r a ?J n I CIVIL ACTION NO 10- cZ'7(o Civl I lew COMPLAINT - CIVIL ACTION 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 RAPORTANT 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 Q 1-800-990-9108 717-249-3166 *Qa.oo Pb A7Tq ?,-? rasa 023(001. 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. IAN D NEFF 4 N DICKINSON SCHOOL ROAD CARLISLE PA 17015-9611 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, IAN D NEFF, is an individual residing at 4 N DICKINSON SCHOOL ROAD, CARLISLE PA 17015-9611. 3. As a result of a certain medical condition, Defendant, IAN D NEFF, was admitted to Carlisle Regional Medical Center on 01/31/2006 through 01/31/2006. 4. Carlisle Regional Medical Center rendered services to Defendant, IAN D NEFF, 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. y 5. The charges of $903.25 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, IAN D NEFF. 6. Said medical care was commensurate with the condition of Defendant, IAN D NEFF, 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 01/31/2006, Defendant, IAN D NEFF, was discharged from Carlisle Regional Medical Center. 9. No payments have been made, and Defendant, IAN D NEFF, breached the agreement with Carlisle Regional Medical Center by failing and/or refusing to pay the balance of the agreed price, $903.25, although requested to do so by Plaintiff and their attorneys. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $903.25, 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 B GEORGE TWARDY, JR., ESQUIRE ATTORNEY FOR PLAINTIFF EXHIBIT P-1 01/06/10 HEALTH MANAGEMENT ASSOCIATES DA04 COID: 858 ACCOUNT #: 9330816 DISCHARGE ACCOUNTS RECEIVABLE RECORD PAT NAME: NEFF, IAN D ADMIT: 01/31/06 FINANCIAL CLASS: GAR NAME: NEFF, IAN D DISCHARGE: 01/31/06 CONTRACT FREQ: STREET: 515D S WEST ST LAST PAY: 01/31/06 MAIL RETURN: ADDR-2: PROGRAM: PAT TYPE: CITY: CARLIS LE PA 17013 CONTRACT: .00 PAT SEX: PHONE: (717) 245-0669 COUNTRY: US CURR BAL: .00 GAR SEX: EMPLOYER: POWDER PLUS CORP TOT CHARGES: 943.25 AGENCY CNCL: CODE DATE INSURANCE AGENCY BAL: 1: 978 10/01/06 943.25- CODE PLAN DATE STAT POLICY 2: 3: 4: 5: PROCESS DATE USER 11/08/07 PBY454 11/08/07 PBY454 11/01/06 ASET 10/24/06 ASET 9 P S E1 M M CSA .00 NO 1: 2: 3: LST ACTN: 99 11/08/07 3: NN 05/22/06 PAY AUD 1: KK 09/30/06 4: L1 05/02/06 REVIEW PAY AUD 2: UU 09/23/06 5: Sl 02/06/06 DATE ARTRAC ASSGN: 02/28/06 RETN 05/02/06 REASON 985 00/00/OC I SOLD A/R TO IPI • $943.25 00/00/OC I PRIM CD:CSA-UNCOLLECTABLE ; SEC CD:CSA-UNCOLLECTABL 00/00/00 14:28 DTR REF TO DO SIF OR PAY BILL HU 00/00/00 11:15 SIF ONLY GOOD THRU OCT 2006 1=UP,2=PT,3=GAR,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTU,IO=DET,II=LOG,I3=ADJ,ENT=FW 4-© A Sess-1 10.200.98.7 XCAL2226_ #§ 2/13 Printed on 01/06/10 16:16:15 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: na 'Sposito SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor CFFiCE C:' rµE S-ERIFF RLE[r" . 4Y 2010 J A H 2q- f;i C".'?' . International Portfolio Inc. vs. Ian D. Neff Case Number 2010-276 SHERIFF'S RETURN OF SERVICE 01/26/2010 05:25 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2010 at 1725 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: fan D. Neff, by making known unto himself personally, at 4 Dickinson School Road North, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO January 27, 2010 AND&SON, SHERIFF ,a. X, By ty f6 CountySutte Sheriff. Teleosoft, Ino. Darren J. Holst, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Susan Campbell OF THE Q?I?J ?`ONOTAP 2010 FEB -5 PM 1: 58 CUV,&, i (-',,JNTr FE-N SYLVN 1 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH CAMPBELL, ) Plaintiff ) V. ) SUSAN CAMPBELL, ) Defendant ) NO. 10-276 Civil Term CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND NOW, comes Defendant, Susan Campbell, by and through her counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Answer to Plaintiff's Petition for Special Relief and in support thereof states as follows: Admitted. Hereafter, Plaintiff is referred to as "Husband." By way of further response, Husband initiated the instant divorce action or about January 11, 2010, which he did so contemporaneously with the filing of his special relief petition. 2. Admitted. Hereafter, Defendant is referred to as "Wife." By way of further response, simultaneously herewith Wife has filed a supplemental petition raising economic claims available under the Divorce Code, including, but not limited to, alimony, counsel fees, costs and expenses and exclusive use and possession of the marital home. 3. Admitted with clarification. Wife admits the parties physically separated on or about September 26, 2009 when Husband voluntarily vacated the parties' marital residence, 365 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043 (hereinafter "Marital Residence"), leaving Wife responsible for the expenses associated with the home. Husband voluntarily vacated the Marital Residence after Wife learned Husband had been committing adultery since as early as August, 2009. After Husband left, Wife obtained an order of spousal support against Husband in the amount of $825.00 per month. 4. Admitted. By way of further response, the parties maintained a joint checking and savings account with PNC Bank, and the parties each maintained individual accounts with PNC Bank. The parties' pay was deposited into the checking account, which account was used to pay household expenses. Wife only opened an account in her own name in March, 2009. Up until then, she had access only to the joint account. Additionally, Husband possesses and has sole control over substantial marital assets in the form of. his Federal Railroad Retirement, which Wife believes has a present marital value in excess of $750,000.00, and is easily the largest asset of the marital estate; his defined contribution retirement plan with Amtrak, the marital value of which is believed to exceed $75,000.00; an investment account with PNC Bank valued at roughly $3,000.00; and two certificates of deposit with PNC Bank (the two of which total approximately $16,000.00). In fact, the vast majority of the marital estate consists of assets within Husband's sole possession or control. At the time of separation Husband had liquid marital assets of at least $20,000.00 within his sole control. 2 5. Admitted in part; denied in part. Wife denies she "withdrew in excess of $22,000.00" from the joint checking account on or about September 21, 2009, but she admits she transferred $22,000.00 from the parties' joint PNC Bank savings account to her individual PNC Bank account. Wife denies the $22,000.00 was withdrawn and removed from the bank. Wife further admits she transferred (not withdrew) the sum of $13,000.00 from the parties' joint savings PNC Bank account in March, 2009, to her individual PNC savings account, which she had just opened at that time. By way of further response, the March, 2009 transfer, occurred six months before the parties' physical separation and ten months before Husband filed for divorce. Wife effectuated the March, 2009 transfer only after Husband announced he intended to separate from Wife and that he was taking back the automobile used by Wife but titled in Husband's name. Loss of the automobile would have resulted in Wife losing her employment. Wife transferred the $13,000.00 into her then newly opened individual account to permit the purchase of a used vehicle and allow her to get to work if Husband followed through with is threat to repossess her automobile. Ultimately Husband chose not to separate and not to repossess the automobile. Thus, the $13,000.00 remained in Wife's PNC savings account, and the account remained in tact at the time of the parties' physical separation in September, 2009. Wife acknowledges the money in her individual account at the time of separation constitutes marital property subject to equitable distribution. At the time Wife made this transfer in March, 2009, the parties' joint savings account had in excess of $33,000.00; thus, roughly $20,000.00 remained in the joint account after Wife transferred money into her individual account. 3 As to the September 21, 2009 transfer, Wife again transferred money from the joint savings account into her individual savings account. This money remained in Wife's individual account as of separation, and Wife acknowledges the money to be marital in nature. After the September 21, 2009 transfer roughly $1,000.00 remained in the joint PNC savings account, and there was approximately $4,000.00 in the joint PNC checking account. Furthermore, at separation Husband continued to maintain sole possession of his individual investment account with PNC Bank, valued at approximately $3,000.00, and he had access to roughly $16,000.00 and two certificates of deposit, one of which matured at the beginning of October, 2009. 6. Admitted in part; denied in part. Wife admits she withdrew roughly $1,500.00 from the parties' joint checking account or about October 5, 2009, but she denies the other transfers referenced in Husband's petition came out of the checking account. At the time Wife withdrew $1,500.00 from the checking account, Husband had taken roughly $2,500.00 therefrom for his own personal use even though that money was for household expenses. For example, after Husband separated on September 26, 2009, he continued to withdraw money from the joint checking account, which money was allocated to pay the household expenses, to use for his living expenses at his new residence even though he stopped having his pay deposited therein. Wife's pay continued to be deposited into the checking account, which was the primary basis of the $2,500.00 taken by Husband. The $1,500.00 Wife withdrew on or about October 5, 2009 represented her then most recent pay, which had been deposited into the joint account. 4 7. Denied. Wife denies having withdrawn in excess of $36,000.00 from joint accounts. As stated above, Wife transferred monies from a joint account to her individual account. She only withdrew $1,500.00, but that was her own money (it was her pay from her employment); Wife did so only after Husband withdrew $2,500.00 out of the checking account. The first transfer, in the amount of $13,000.00, occurred six months before separation and was precipitated by Husband's threat to take away the vehicle Wife used to travel to work. As a result, Wife opened an account in her individual name and transferred the money into said account so as to allow her to purchase a used vehicle if Husband followed through with his threat. Wife acknowledges any and all money existing in her individual account at the time of separation constitutes marital property subject to equitable distribution. Wife denies she has withdrawn, dissipated or exhausted the monies in question, and she further denies having acted inappropriately, illegally or inequitably. 8. Admitted in part; denied in part. Said paragraph constitutes a legal opinion to which no response is required. Therefore, to the extent a response is required, it is denied. Nevertheless, Wife admits that, under Pennsylvania law, any and all assets acquired during the course of the marriage, regardless of title, and existing at the time of separation constitutes marital property subject to equitable distribution. The money within all marital accounts as of separation will be accounted for in equitable distribution. 9. Denied. Wife denies she lacked any permission to transfer money from a joint account to an individual account during the course of the marriage. The money within the joint account represented property to which both parties have colorable claims of ownership. Thus, Wife denies she needed any permission to access her own assets. Furthermore, Wife denies she needed Husband's approval to access assets in which she has a claim for legal ownership. Furthermore, Wife denies Husband did not "approve" of her actions. First, with respect to the March, 2009, transfer, Wife opened up her individual account and transferred money therein only because of Husband's threats to leave her and take her vehicle, the only means Wife had to maintain her employment. Husband had actual knowledge that Wife made this transfer months before separation, and he did nothing. Therefore, Husband tacitly approved of this transaction by virtue of his inactivity and lack of timely objection. Furthermore, Wife transferred $22,000.00 into her individual account at or around the time of separation in light of. one, her learning Husband had been committing adultery and was planning on leaving her; two, Husband advising her he was moving out of the home; three, Husband possessing virtually the entire marital estate, with little in Wife's own name; and four, Wife realizing she would need money to support herself and, ultimately, defend against the divorce action now filed by Husband. Husband earns roughly $100,000.00 from his employment as compared to $40,000.00 for Wife. Wife is at a severe economic disadvantage, and she needed a level of liquid assets to deal with the aftermath of Husband ending their twenty-eight (28) year marriage and vacating their home. Wife readily acknowledges any and all assets within her possession existing at the time of separation constitutes marital assets subject to equitable distribution. The Court will account for those assets in equitable distribution, and there is no reason for it to act on an interim basis. 6 10. Denied. Wife is without independent information or knowledge to know what Husband may believe; therefore, to the extent a response is required, it is denied. Wife denies having ever dissipated or otherwise diminished the marital estate. Any assets within her possession or control at the time of separation constitutes marital assets that will be accounted for in equitable distribution. The same is true for the plethora of assets within Husband's control. Notwithstanding, Wife will agree to an order preventing either party from dissipating, alienating, transferring, encumbering or otherwise disposing of marital assets during the pendency of this divorce action. 11. Denied. Said paragraph constitutes a prayer for relief to which no response is required. To the extent a response is required, it is denied. Wife denies there is any basis for the Court to direct the return of the monies to the parties' joint savings account. Further, Wife denies the equitable policies of the Divorce Code are advanced by granting Husband's requested relief. As stated above, Wife readily acknowledges all assets in her possession or control at the time of separation constitute marital assets subject to equitable distribution. The monies within her individual bank account, as well as all of the money within Husband's possession, will be accounted for in property division. Husband fails to apprise the Court that he has substantial liquid assets within his possession or control. He has over $20,000.00 in liquid assets in the form of his own bank accounts, his investment account, and his certificates of deposit. He also has other substantial marital assets within his sole possession or control. Husband also fails to apprise the Court that he earns roughly $100,000.00 per year from his employment, thereby allowing him to continue to generate substantial ongoing income during the course of this action. Wife, conversely, had little to no liquid assets within her possession or control prior to separation, and she needed a level of assets to allow her to maintain herself and 7 the marital home after Husband elected to end the marriage. Wife is more than willing to agree to the entry of an order preventing either party from dissipating, alienating, encumbering or removing assets from the marital estate pending final resolution of the economic claims attendant to the divorce. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's Special Relief Petition. Date: Respectfully submitted, Darren -J. H st, EKISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Susan Campbell 8 VERIFICATION I, Susan L. Campbell, hereby swear and affirm that the facts contained in the foregoing Defendant's Answer to Plaintiff's Petition for S?lecir i R l i f are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 2/4/10 DATE S mart- ? Can?o?-QS? Susan L. Campbell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH CAMPBELL, ) Plaintiff ) V. ) SUSAN CAMPBELL, ) Defendant ) NO. 10-276 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Darren J. Holst, Esquire, counsel for Susan Campbell, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Petition for Special Relief was served upon P. 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