Loading...
HomeMy WebLinkAbout10-0278LAW 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. JENNIFER ESTELLE NESS-MILEY JEREMY NESS H/W 1101 CLAREMONT ROAD CARLISLE PA 17015 L r? o l_J -n z? t c-.. Attorney for Pl"tiff o rc_ a +c _ i r + 0 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO !0 - a?$ ?iVi i Tp?-M And . 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 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 O 1-800-990-9108 717-249-3166 49a.0c> Pp p, CIO 155(0 e 013!003) 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. . JENNIFER ESTELLE NESS-MILEY And JEREMY NESS H/W 1101 CLAREMONT ROAD CARLISLE PA 17015 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, JENNIFER ESTELLE NESS-MILEY and JEREMY NESS, are husband and wife and are adult individuals residing at 1101 CLAREMONT ROAD, CARLISLE PA 17015. 3. As a result of a certain medical condition, Defendant, JENNIFER ESTELLE NESS-MILEY, was admitted to Carlisle Regional Medical Center on 01/10/2006 through 01/10/2006. 4. Carlisle Regional Medical Center rendered services to Defendant, JENNIFER ESTELLE NESS-MILEY, 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 $1017.23 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, JENNIFER ESTELLE NESS-MILEY and JEREMY NESS. 6. Said medical care was commensurate with the condition of Defendant, JENNIFER ESTELLE NESS-MILEY, 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 01/10/2006, Defendant, JENNIFER ESTELLE NESS-MILEY, was discharged from Carlisle Regional Medical Center. 9. At or about the time that treatment was rendered, Defendant, JEREMY NESS was the spouse of Defendant, JENNIFER ESTELLE NESS-MILEY, and is therefore liable for the cost of necessaries furnished to Defendant, JENNIFER ESTELLE NESS-MILEY. 10. No payments have been made, and Defendants, JENNIFER ESTELLE NESS- MILEY and JEREMY NESS, breached the agreement with Carlisle Regional Medical Center by failing and/or refusing to pay the balance of the agreed price, $1017.23, although requested to do so by Plaintiff and their attorneys. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $1017.23, 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 GIFORGE TWARDY, JR., ESQUIRE ATTORNEY FOR PLAINTIFF EXHIBIT P-1 01/05/10 ACCOUNT # PAT NAME: GAR NAME: STREET: ADDR-2: CITY: PHONE: EMPLOYER: CODE 1: 978 0 2: 3: 4: 5: HEALTH MANAGEMENT ASSOCIATES DA04 COID: 858 7563870 DISCHARGE ACCOUNTS RECEIVABLE RECORD NESS, JENNIFER E ADMIT: 01/10/06 FINANCIAL CLASS: NESS, JENNIFER E DISCHARGE: 01/10/06 CONTRACT FREQ: 209B N BEDFORD ST LAST PAY: 01/10/06 MAIL RETURN: PROGRAM: PAT TYPE: CARLISLE PA 17013 CONTRACT: .00 PAT SEX: (717) 226-8039 COUNTRY: US CURR BAL: .00 GAR SEX: NOT EMPLOYED TOT CHARGES: 1,017.23 AGENCY CNCL: DATE INSURANCE AGENCY BAL: /03/06 1,017.23- CODE PLAN DATE STAT POLICY PROCESS DATE USER 11/08/07 PBY454 11/08/07 PBY454 12/15/06 ASST 12/15/06 ASET 9 P S OU F F CSA .00 NO 1: 2: 3: LST ACTN: 99 11/08/07 3: NN 04/24/06 PAY AUD 1: KK 09/02/06 4: Ll 04/04/06 REVIEW PAY AUD 2: UU 08/26/06 5: S3 02/06/06 DATE ARTRAC ASSGN: 02/07/06 RETN 04/04/06 REASON 985 00/00/00 SOLD A/R TO IPI $1,017.23 00/00/00 PRIM CD:CSA-UNCOLLECTABLE ; SEC CD:CSA-UNCOLLECTABL 00/00/00 11:33 DKOP; Copied Acct: 292823 60614 41588 00/00/00 11:33 NO TU; Copied Acct: 292823 60614 41604 1=UP,2=PT,3=GAR,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTU,10=DET,II=LOG,I3=ADJ,ENT=FW 4-© A Sess--1 10.200.98.7 XCAL6249 #§ 2/13 Printed on 01/05/10 14:03:34 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. 11711-0 Date: in posito SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OFFICE ' F -"E ? ERIFF Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2Q « J1?i37 International Portfolio Inc. vs. Case Number Jennifer Estelle Ness-Miley 2010-278 SHERIFF'S RETURN OF SERVICE 01/26/2010 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: Jeremy Ness, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Jeremy Ness. Current resident of 209 N. Bedford Street, Apt. A, Carlisle, PA 17013 has never heard of Jeremy Ness. 01/26/2010 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: Jennifer Estelle Ness-Miley, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Jennifer Estell Ness-Miley. Current resident of 209 N. Bedford Street, Apt. A, Carlisle, PA 17013 has never heard of Jennifer Estell Ness-Miley. SHERIFF COST: $59.40 January 26, 2010 SO R ANDERSON, SHERIFF (c, CcuntySuite Sheriff Teleosoft. Irc. ONIMMEIMMENEMIEM 0f C0 David ID. Buell- �e 12enee X Simpson Prothonotary 1St deputy Prothonotary u a IV o rkS. Sofionage, ESQ 'N 1 y Irene E. fMorroiv Solicitor ,750 2nd Deputy Prothonotary Office of the Prothonotary Cum6er(anc(County, cPennsy(vania `O — Qs7_!8 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291H 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 • cFa.x(717 240-6573