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HomeMy WebLinkAbout10-2548LAW 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 0 a?c? Attorney for Platy o a rn tr .; -0 T - i -, T N cn CUMBERLAND COUNTY COURT OF COMMON PLEAS V. CIVIL ACTION NO 1() -.1548 ?vk HEATHER L LEACH-LAWYER And MICHAEL C LEACH, Jr. H/W 22 KERRS AVENUE CARLISLE PA 17013 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 s 717-249-3166 +9100 PC Arr/ CO' 021P P,* -gW745 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. HEATHER L LEACH-LAWYER And : MICHAEL C LEACH, Jr. H/W : 22 KERRS AVENUE CARLISLE PA 17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO 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, HEATHER L LEACH-LAWYER and MICHAEL C LEACH, Jr., are husband and wife and are adult individuals residing at 22 KERRS AVENUE, CARLISLE PA 17013. 3. As a result of a certain medical condition, Defendant, HEATHER L LEACH- LAWYER, was admitted to Carlisle Regional Medical Center on 05/23/2006 through 05/23/2006. 4. Carlisle Regional Medical Center rendered services to Defendant, HEATHER L LEACH-LAWYER, 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 $1548.58 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, HEATHER L LEACH-LAWYER and MICHAEL C LEACH Jr. 6. Said medical care was commensurate with the condition of Defendant, HEATHER L LEACH-LAWYER, 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 05/23/2006, Defendant, HEATHER L LEACH-LAWYER, was discharged from Carlisle Regional Medical Center. 9. At or about the time that treatment was rendered, Defendant, MICHAEL C LEACH, Jr. was the spouse of Defendant, HEATHER L LEACH-LAWYER, and is therefore liable for the cost of necessaries furnished to Defendant, HEATHER L LEACH-LAWYER. 10. No payments have been made, and Defendants, HEATHER L LEACH-LAWYER and MICHAEL C LEACH, Jr., breached the agreement with Carlisle Regional Medical Center by failing and/or refusing to pay the balance of the agreed price, $1548.58, although requested to do so by Plaintiff and their attorneys. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $1548.58, 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 03/24/10 HEALTH MANAGEMENT ASSOCIATES DA04 COID: 858 ACCOUNT #: 9339997 DISCHARGE ACCOUNTS RECEIVABLE RECORD PAT NAME: LEACH, HEATHER L ADMIT: 05/23/06 FINANCIAL CLASS: 9 P GAR NAME: LEACH, HEATHER L DISCHARGE: 05/23/06 CONTRACT FREQ: S STREET: 109 N HANOVER ST APT 3 LAST PAY: 05/23/06 MAIL RETURN: ADDR-2: PROGRAM: PAT TYPE: E1 CITY: CARLISLE PA 17013 CONTRACT: .00 PAT SEX: F PHONE: (717) 609-5161 COUNTRY: US CURR BAL: .00 GAR SEX: F EMPLOYER: NOT EMP TOT CHARGES: 1,548.58 AGENCY CNCL: CSA CODE DATE INSURANCE AGENCY BAL: .00 1: 978 04/22/07 1,548.58- CODE PLAN DATE STAT POLICY NO 2: 1: 235 CHP 09/26/06 1,548 F 166668480 3: 2: 4. 3: 5: LST ACTN: 99 11/08/07 3: NN 12/11/06 PAY AUD 1: KK 04/21/07 4: Ll 11/26/06 PROCESS REVIEW PAY AUD 2: UU 04/14/07 5: 14 09/30/06 DATE USER DATE ARTRAC ASSGN: 09/28/06 RETN 11/26/06 REASON 985 11/08/07 PBY454 00/00/00 I SOLD A/R TO IPI $1,548.58 11/08/07 PBY454 00/00/00 I PRIM CD:CSA-UNCOLLECTABLE ; SEC CD:CSA-UNCOLLECTABL 06/20/07 ASET 00/00/00 10:04 res 717-609-5161 FAST BUSY 60801 36244 06/20/07 ASET 00/00/00 10:04 reorders 60801 36244 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 XCAL1072 #§ 2/13 Printed on 03/24/10 13:29:24 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. /d //10 Date: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?4tttt'Ih' Gj l'.dt11l?ji^t`??tf? FILED- OFFICE C = Tai` 7 ?TC I HONOTARY 2010 S°P 20 PM 2: 2G Richard W Stewart Solicitor -AHIA International Portfolio Inc. Case Number vs. Michael C. Leach, Jr. (et al.) 2010-2548 SHERIFF'S RETURN OF SERVICE 09/10/2010 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: Michael C. Leach Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice according to law. 09/14/2010 02:40 PM - Perry County Return: And now September 14, 2010 at 1440 hours I, Carl E. Nace, Sheriff of Perry 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: Michael C. Leach Jr. by making known unto Elizabeth Fisher, adult in charge at 109 Cumberland Street, Duncannon, PA 17020 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 ANSWERS, September 17, 2010 RON R ANDERSON, SHERIFF p Go:.nrySuite? ?rar`t. 7e?1 ^;sait. i.?c. International Portfolio, Inc. Versus Michael C. Leach, Jr. IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH No. 10-2548 Cumberland Co. SHERIFF'S RETURN And now September 14 , 2010: Served the within name Michael C. Leach, Jr. the defendant(s) named herin, personally at his place of residence in Duncannon Boro- 109 Cumberland Street, Duncannon, Perry County, PA, onSeptember 14, 2010 at 2:20 o'clock PM by handing to Elizabeth Fisher, defendant's fiance copy(ies) of the within Complaint and made known to her the contents thereof Sworn and subscribed to before me this /,5A day of 02© D 1haj COMMONWEALTH Of PENNSYLIVANIfrothonotary N?7T i L SEAL. Fcommir.-jon RGARET F. FLICKINGER. Notary Public Bloomosid Boro. Perry County Expires Feb.16,2012 1 true and attested So answer Alan D. Houck Badge #8-3 Deputy She iff of Perry County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 NO. 10-2548 vs. HEATHER L LEACH-LAWYER And P €? =- MICHAEL C LEACH, Jr. H/W { 22 KERRS AVENUE CARLISLE PA 17013 _ ° - PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, International Portfolio Inc ., and against Defendant, HEATHER L LEACH-LAWYER for want of an answer in th e amount of Debt: $1548.58 Interest/costs: $231.40 + ongoing Total: $1779.98 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 tZeorge is Praecipe for not filing an answer to the complaint. DATE: l ardy, Jr. Es quire Attorney for International Portfolio, Inc. NOW, , JUDGMENT IS ENTERED ABOVE. onotary/clerk, Civil Division By:,, Deputy ???t? DO ?r??. LAW OFFICES OF GEORGE TWARDY, JR. BY: GEORGE TWARDY, JR., ESQUIRE ATTORNEY ID# 52883 1026 WINTER STREET, SUITE 400 PHILADELPHIA, PA 19107 TEL.# 1-877-440-8182 Attorney for Plaintiffs INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 : WEST CONSHOHOCKEN, PA 19428 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. HEATHER L LEACH-LAWYER And NO. 10-2548 MICHAEL C LEACH, Jr. H/W 22 KERRS AVENUE CARLISLE PA 17013 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_ 1113 t7 , to the following: HEATHER L LEACH-LAWYER 22 KERRS AVENUE CARLISLE PA 17013 MICHAEL C LEACH, Jr. 109 CUMBERLAND STREET DUNCANNON, PA 17020 LAW OFFICES OF GEORGE TWARDY, JR. By: George Twardy, Jr., Esquire Attorney for Plaintiff LAW OFFICES OF GEORGE TWARDY, JR. BY: GEORGE TWARDY, JR., ESQUIRE ATTORNEY ID# 52883 1026 WINTER STREET, SUITE 400 PHILADELPHIA, PA 19107 TELN 1-877-440-8182 Attorney for Plaintiffs INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. HEATHER L LEACH-LAWYER And NO. 10-2548 MICHAEL C LEACH, Jr. H/W 22 KERRS AVENUE CARLISLE PA 17013 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, HEATHER L LEACH-LAWYER Or occupants, is over 18 years of age, and resides at 22 KERRS AVENUE, CARLISLE PA 17013; and Defendant, MICHAEL C LEACH, Jr. or occupants, is over 18 years of age and resides at 109 CUMBERLAND STREET, DUNCANNON PA 17020. This statement is made subject to the penalties of 10 PA C S S 4904 relating to unsworn falsification to authorities. eorge Twardy, Jr. Esq. Attorney for Plaintiffs LAW OFFICES OF GEORGE TWARDY, JR. BY: GEORGE TWARDY, JR., ESQUIRE ATTORNEY ID# 52883 1026 WINTER STREET, SUITE 400 PHILADELPHIA, PA 19107 TEL.# 1-877-440-8182 Attorney for Plaintiffs INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. HEATHER L LEACH-LAWYER And NO. 10-2548 MICHAEL C LEACH, Jr. HIW 22 KERRS AVENUE CARLISLE PA 17013 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 b-D , to the following: HEATHER L LEACH-LAWYER 22 KERBS AVENUE CARLISLE PA 17013 MICHAEL C LEACH, Jr. 109 CUMBERLAND STREET DUNCANNON, PA 17020 . F GEORGE 7RDY, JR. 77) BY: George Twardy, Jr., Esquire Attorney for Plaintiff LAW OFFICES OF GEORGE TWARDY, JR. BY: GEORGE TWARDY, JR., ESQUIRE ATTORNEY ID# 52883 1026 WINTER STREET, SUITE 400 PHILADELPHIA, PA 19107 TEL.# 1-877-440-8182 Attorney for Plaintiffs INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. HEATHER L LEACH-LAWYER And NO. 10-2548 MICHAEL C LEACH, Jr. H/W 22 KERRS AVENUE CARLISLE PA 17013 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 I , to the following: HEATHER L LEACH-LAWYER 22 KERRS AVENUE CARLISLE PA 17013 MICHAEL C LEACH, Jr. 109 CUMBERLAND STREET DUNCANNON, PA 17020 LAW FICES OF GEORGE TWARDY, JR. J By: George Twardy, Jr., quire Attorney for Plaintiff TWARDY & ASSOCIATES, LLC 1026 Winter Street, Suite 400 Philadelphia, PA 19107-1808 877-440-8182 (toll free) October 19, 2010 HEATHER L LEACH-LAWYER 22 KERRS AVENUE CARLISLE PA 17013 RE: INTERNATIONAL PORTFOLIO, INC. v. HEATHER L LEACH-LAWYER And MICHAEL C LEACH, Jr. H/W Docket#: 10-2548 COURT OF COMMON PLEAS CUMBERLAND COUNTY Dear HEATHER L LEACH-LAWYER, 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 toll free number. Si cerely, orge Twardy, Jr, Esq. Attorney for Plaintiff, International Portfolio, Inc. GT/mfc Encl. Twardy and Associates, LI.,C By: George Twardy, Jr., Esquire Identification No. 52883 1026 Winter Street Suite 400 Philadelphia, PA 19107 I-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 VS. * NO. 10-2548 HEATHER L LEACH-LAWYER And MICHAEL C LEACH, Jr. H/W 22 KERRS AVENUE CARLISLE PA 17013 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: HEATHER L LEACH-LAWYER Defendant DATE OF NOTICE: OCTOBER 19, 2010 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 BE 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 Telep e:717-249-3166 1 George Twardy, Jr., Esquire Attorney for Plaintiff, International Portfolio Inc. 1026 Winter St Philadelphia, PA 19107-1808 Phone: 877-440-8182 ID. No. 52883 TWARDY & ASSOCIATES, LLC 1026 Winter Street, Suite 400 Philadelphia, PA 19107-1808 877-440-8182 (toll free) October 19, 2010 MICHAEL C LEACH, Jr. 109 CUMBERLAND STREET DUNCANNON PA 17020 RE: INTERNATIONAL PORTFOLIO, INC. v. HEATHER L LEACH-LAWYER And MICHAEL C LEACH, Jr. H/W Docket#: 10-2548 COURT OF COMMON PLEAS CUMBERLAND COUNTY Dear MICHAEL C LEACH 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 toll free number. Sincerely, teori-gepTwardy, Jr, Esq. Attorney for Plaintiff, International Portfolio, Inc. GT/mfc Encl. 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. 10-2548 VS. HEATHER L LEACH-LAWYER And MICHAEL C LEACH, Jr. H(W 22 KERRS AVENUE CARLISLE PA 17013 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: MICHAEL C LEACH, Jr. Defendant DATE OF NOTICE. OCTOBER 19, 2010 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 BE 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 Telepho :717-249-3166 l _ eorge Twardy, Jr., Esquire Attorney for Plaintiff, International Portfolio Inc. 1026 Winter St Philadelphia, PA 19107-1808 Phone: 877-440-8182 ID. No. 52883