Loading...
HomeMy WebLinkAbout10-2764FILED-Ci FICE OF THE P T? WY 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. JAMES F WALKER 1910 SPRING RD CARLISLE PA 17013-1155 A??`?I??lai 29 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION NO !D 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 1-800-990-9108 717-249-3166 ? 92. oa 17oL ?/ Twardy and Associates, LLC By: George Twardy, Jr., Esquire Identification No. 52883 1026 Winter Street Suite 400 Philadelphia, PA 19107 1-877-440-8182 INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSHOHOCKEN, PA 19428 VS. JAMES F WALKER 1910 SPRING RD CARLISLE PA 17013-1155 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS COMPLAINT 1. Plaintiff, International Portfolio, Inc., is the Assignee of the debt from Carlisle Regional Medical Center, with offices in CUMBERLAND County, 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, JAMES F WALKER, is an individual residing at 1910 SPRING RD, CARLISLE PA 17013-1155. 3. As a result of a certain medical condition, Defendant, JAMES F WALKER, was admitted to Carlisle Regional Medical Center on 06/06/2006 through 06/07/2006, 05/14/2007 through 05/15/2007, and 01/30/2008 through 02/01/2008. 4. Carlisle Regional Medical Center rendered services to Defendant, JAMES F WALKER, 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 $3620.31 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, JAMES F WALKER. 6. Said medical care was commensurate with the condition of Defendant, JAMES F WALKER, 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 02/01/2008, Defendant, JAMES F WALKER, was discharged from Carlisle Regional Medical Center. 9. No payments have been made, and Defendant, JAMES F WALKER, breached the agreement with Carlisle Regional Medical Center by failing and/or refusing to pay the balance of the agreed price, $3620.31, although requested to do so by Plaintiff and their attorneys. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3620.31, 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 09 HEALTH MANAGEMENT ASSOCIATES DA04 COID: 858 . ACCOUNT #: 9341086 DISCHARGE ACCOUNTS RECEIVABLE RECORD PAT NAME: WALKER, JAMES F ADMIT: 06/06/06 FINANCIAL CLASS: 9 GAR NAME: WALKER, JAMES F DISCHARGE: 06/07/06 CONTRACT FREQ: S STREET: 262 S PITT ST LAST PAY: 06/22/06 MAIL RETURN: ADDR-2: PROGRAM: PAT TYPE: 11 CITY: CARLISLE PA 17013 CONTRACT: .00 PAT SEX: M PHONE: (717) 243-7515 COUNTRY: US CURR BAL: .00 GAR SEX: M EMPLOYER: CARLISLE TIRE WHEEL TOT CHARGES: 10,683.22 AGENCY CNCL: CSA . 1: 951 CODE DATE INSURANCE AGENCY BAL: .00 2: 200 06/22/06 4,521.49- 1: 200E Bo PLAN DATE 06/22/06 10,683 SPAT CLY8POLICY NO 0000640400 . 3: 978 12/23/06 1,087.51- 2: 4' 3: 5: LST ACTN: 99 01/31/08 3: zz 08/14/06 PAY AUD 1: RR 12/22/06 4: Ll 07/31/06 PROCESS REVIEW PAY AUD 2: UU 12/15/06 5: 53 07/17/06 DATE USER DATE 01/31/08 PBY454 00/00/00 SOLD A/R TO IPI $1,087.51 01/31/08 PBY454 00/00/00 I PRIM CD:CSA-UNCOLLECTABLE SEC CD:CSA-UNCOLLECTABL 01/25/08 PBY454 00/00/00 I PRIM CD:CSA-UNCOLLECTABLE ; SEC CD:CSA-UNCOLLECTABL. . 06/14/07 MDS 00/00/00 PHONE CHANGED FROM7172437515 707173860387 .1=UP,2=PT,3=GAR,4=INS,5=UB,6=HIS,7=RTN,8=CMTI,9=CMTU,I0=DET,11=LOG,ENTER=FW 03/18/10 HEALTH MANAGEMENT ASSOCIATES DA04 COID: 858 ACCOUNT #: 9369406 DISCHARGE ACCOUNTS RECEIVABLE RECORD PAT NAME: WALKER, JAMES F ADMIT: 05/14/07 FINANCIAL CLASS: 9 I GAR NAME: WALKER, JAMES F DISCHARGE: 05/15/07 CONTRACT FREQ: S STREET: 262 S PITT ST LAST PAY: 05/31/07 MAIL RETURN: ADDR-2: PROGRAM: PAT TYPE: Il CITY: CARLISLE PA 17013 CONTRACT: .00 PAT SEX: M PHONE: (717) 386-0387 COUNTRY: US CURR BAL: .00 GAR SEX: M EMPLOYER: CARLISLE TIRE WHEEL TOT CHARGES: 7,556.43 AGENCY CNCL: CSA CODE DATE INSURANCE AGENCY BAL: .00 l: 951 05/31/07 1,688.43- CODE PLAN DATE STAT POLICY NO 2: 200 05/31/07 4,562.80- 1: 200 BC3 05/31/07 7,556 P CLY80000640400 3: 978 03/12/08 1,305.20- 2: 4. 3: 5: LST ACTN: 99 08/06/09 3: ZZ 09/17/07 PAY AUD 1: KK 02/05/08 4: Ll 08/30/07 PROCESS REVIEW PAY AUD 2: UU 01/29/08 5: S3 06/25/07 DATE USER DATE ARTRAC ASSGN: 07/04/07 RETN 08/30/07 REASON 985 08/06/09 PBY454 00/00/00 1 SOLD A/R $1,305.20 08/06/09 PBY454 00/00/00 1 PRIM CD:CSA-UNCOLLECTABLE SEC CD:CSA-UNCOLLECTABL 08/14/08 ASET 00/00/00 15:33 res 717-386-0387 DETECT TRIPLE 08/14/08 ASET 00/00/00 15:33 TONE 61222 55985 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 XCAL5012 2/13 Printed on 03/18/10 12:45:32 - 03/18/10 HEALTH MANAGEMENT ASSOCIATES DA04 COID: 858 ACCOUNT #: 9392120 DISCHARGE ACCOUNTS RECEIVABLE RECORD PAT NAME: WALKER, JAMES F ADMIT: 01/30/08 FINANCIAL CLASS: 9 I GAR NAME: WALKER, JAMES F DISCHARGE: 02/01/08 CONTRACT FREQ: S STREET: 262 S PITT ST LAST PAY: 02/29/08 MAIL RETURN: ADDR-2: PROGRAM: PAT TYPE: I1 CITY: CARLISLE PA 17013 CONTRACT: .00 PAT SEX: M PHONE: (717) 386-0387 COUNTRY: US CURR BAL: .00 GAR SEX: M EMPLOYER: CARLISLE TIRE WHEEL TOT CHARGES: 9,413.31 AGENCY CNCL: CSA CODE DATE INSURANCE AGENCY BAL: .00 1: 951 02/29/08 3,351.31- CODE PLAN DATE STAT POLICY NO 2: 200 02/29/08 4,834.40- 1: 200 BC3 02/29/08 9,413 P CLY80000640400 3: 978 11/29/08 1,227.60- 2: 4. 3: 5: LST ACTN: 99 08/06/09 3: ZZ 05/29/08 PAY AUD 1: KK 10/25/08 4: L1 05/20/08 PROCESS REVIEW PAY AUD 2: UU 10/18/08 5: Sl 02/29/08 DATE USER DATE ARTRAC ASSGN: 03/24/08 RETN 05/20/08 REASON 985 08/06/09 PBY454 00/00/00 1 SOLD A/R $1,227.60 08/06/09 PBY454 00/00/00 1 PRIM CD:CSA-UNCOLLECTABLE ; SEC CD:CSA-UNCOLLECTABL 10/28/08 ASET 00/00/00 18:25 is #8 61297 66306 10/26/08 ASET 00/00/00 15:51 lser #999 et T02MFXCR index 1=UP,2=PT,3=GAR,4=INS,S=IJB,6=HIS,7=RTN,8=CMTI,9=CMTU,10=DET,II=LOG,I3=ADJ,ENT=FW 4_-© A Sess-•1 10.200.98.7 XCAL5012 #§ 2/13 Printed on 03/18/10 12:46:43 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. i Sposito IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION INTERNATIONAL PORTFOLIO, INC. 200 BAR HARBOUR DRNE SUITE 400 WEST CONSHOHOCKEN, PA 19428 vs. JAMES F WALKER 1910 SPRING ROAD CARLISLE PA 17013 . ,~ ~, -~ • .off r*1 ~ ~, o --s ~ r~ ~..~ ~ ~ N0.2010-2764 ~ ~ " -+ ~,~ ~ %~. r ~ .,~ ~ -n --to c-~ ~ ~ -~~ . ~~ fem., ' -"~ E.~ M PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, International Portfolio Inc., and against Defendant, JAMES F WALKER for want of an answer in the amount o£ Debt: $3620.31 Interest/costs: $125.40 + ongoing Total: $3745.71 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 appeazed 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 this Praecipe for not filing an answer to the complaint. DATE: ~ ~~ / ~ / / v George Twardy, Jr. Esquire Attorney for International Portfolio, Inc. NOW, D~"a b L~ 13 ~ o2p/ 6 JUDGMENT IS ENTERED ABOVE. of otary cl rk, Civil Division Deputy ~ ~~/6 ,e. tt a~~~~v~ F 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 SUTTE 400 WEST CONSHOHOCKEN, PA 19428 NO.2010-2764 vs. JAMES F WALKER 1910 SPRING ROAD 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 ~/ ~ ~ , to the following: JAMES F WALKER 1910 SPRING ROAD CARLISLE PA 17013 TW~tDY)& ASSOCIATES, INC. :' George Twardy, Jr., Esquire 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 VS. JAMES F WALKER 1910 SPRING ROAD CARLISLE PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.2010-2764 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, JAMES F WALKER Or occupants, is over 18 years of age, and resides at 1910 SPRING ROAD ,CARLISLE PA 17013 This statement is made subject to the penalties of 10 PA CSS 4904 relating to unsworn falsification to authorities. Attorney for Plaintiffs Twardy and Associates, LLC By: George Twardy, Jr., Esquire Identification No. 52883 102b 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.2010-27b4 vs. JAMES F WALKER 1910 SPRING ROAD 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 ~ ~~ ~/ / ~ _, to the following: JAMES F WALKER 1910 SPRING ROAD CARLISLE PA 17013 TW & ASSOCIATES, LLC By: George Twardy, Jr., Esq Attorney far Plaintiff Twardy and Associates, LLC By: George Twardy, Jr., Esquire Identification No. 528$3 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 N0.2010-2764 vs. JAMES F WALKER 1910 SPRING ROAD 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 ~ ~ ~~ 1 I ~ , to the following: JAMES F WALKER 1910 SPRING ROAD CARLISLE PA 17013 & ASSOCIATES, LLC Attorney for Plaintiff TWA-.RD~ 8~ ASSOCIATES, LLc ATTORNEYS A7 LAW ;`: 70111=ree: 877-440-8182 www.twardyandassociates, earn Respond to: ~ Philadelphia D Havertown O Voorhees May 25, 2010 JAMES F WALKER 1910 SPRING ROAD CARLISLE PA 17013 RE: INTERNATIONAL PORTFOLIO, IlVC. v. JAMES F WALKER Docket: 2010-2764 COURT OF COMMON PLEAS CUMBERLAND COUNTY Dear JAMES F WALKER, 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, ~~ -.~... `George Twardy, Jr, Esq. Attorney for Plaintiff, International Portfolio, Inc. GT/mfc Encl. PHILADELPHIA OFFICES 1026 WINTER STREET NEW JERSEY OFFICES SUITE 400 DELAWARE COUNTY OFFICES 22 ALPHA AVENUE PHILADELPHEA, PA 19107-1808 806 DARBY ROAD VOQRHEES, Nd 08043 ENFAIL: ghvardyesq~lwardyandassociates.com HAVERTOWN, PA 19083 Twardy and Assocsates, LLC By: George Twardy, Jr., Esquire Identification No. 52883 1026 Winter Street Suite 400 Philadelphia, PA 19107 1-877-440-8182 Attorney for Piaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY INTERNATIONAL PORTFOLIO, .INC. 200 BAR HARBOUR DRIVE SUITE 400 WEST CONSIIOHOCKEN, PA 19428 vs. JAMES F WALKER 1910 SPRING ROAD CARLISLE PA 17013 * N0.2010-2764 NOTICE OF PRAECIPE TO NTER JUDGMENT BY DEFAULT TO: IAMES F WALKER Defendant DATE OF NOTICE: ~ ~/ !~ 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 CLAMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU W[THOUT 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 F[ND OUT WHERE YOU CAN GET LEGAL HELP; Cumberlarxt Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 Teleph n :717-249-3186 } v r' ~'~--Lfleorge Twardy, Jr„ Esquire Attorney for Plaintiff, International Portfolio Inc. 1026 Winter St Philadelphia, PA 19107-1808 .Phone: 877-440-8182 ID. No. 52833