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HomeMy WebLinkAbout10-7748IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Central Pennsylvania Hematology & Medical Oncology Associates, P.C. 50 North 12s' Street Lemoyne, PA 17043, Plaintiff v. Joseph F. Phelan and Susan Phelan 28 West Main Street Mechanicsburg, PA 17055, Defendants NOTICE COMPLAINT c-~ ~ ,~, o ca ~ r' ~~ © x ~t ~. ~~ .~ _ ~ ~ c~ rn. .~ r- . '~ ' rn p ~ ,~^ _~, _F /~ ~ N -r. 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 complairn and notice aze served upon you, by entering a written appearance personally (or by attorney) and by 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 ease 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Associatian Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le hen demandado a usted en la cone. Se usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted time viente (20) dies de plazo al partir de la fecha de la demands y la natificacion. Usted debe presenter urm aperierrcia esxxita o en persaoe o por abogacio y ai+chiver en la cone en forma escrita sus defenses o sus objectiones a las demandas en contra de su per9or~a. Sea avisado que si usted no se defiende, la carte tomara medidas y puede entrar una order contra usted sin previo aviso 0 notiflcacion y por cualquier queja o alivio que es pedido en >$ petition de detharrda. Usted puede perder dinero o sus propiededes o otras dereclros imporiarrtes para. usted. LLEVE ESTA DEINDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIEN EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA ~. 1/LAIVIE POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA Ai;JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 d-~ ~ tea. ~ ~' ~,,~- 211 COMPLAINT AND NOW, comes Plaintiff, by and through its attorney, Rebecca S. McClure, Esq., and complains against Defendants as follows: Count I 1. The Plaintiff is Central Pennsylvania Hematology 8t Medical Oncology Associates, P.C. and is a corporation organized and existing under the laws of the Common- wealth of Pennsylvania, with a principal place of business at 50 North 12~' Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. One of the Defendants is Joseph F. Phelan, who is an adult individual last known to reside at 28 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. One of the Defendants is Susan Phelan, who is an adult individual last known to reside at 28 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. On or about January 5, 2010 Plaintiff rendered medical services, medical supplies and/or medications to Defendant Joseph F. Phelan. 5. Defendant Susan Phelan is the spouse of Defendant Joseph F. Phelan and was his spouse at the time services were rendered. 6. As the spouse, Defendant Susan Phelan is lega ly responsible for the cost of these necessary medical services rendered to Defendant Joseph F. Phelan. 7. The total unpaid balance remaining due and owing to Plaintiff from Defendants for said medical services, medical supplies and/or medications rendered to/supplied by Plaintiff is $13,887.80 8 Despite repeated requests, Defendants have failed and refused to pay Plaintiff the balance due and owing to Plaintiff of $13,887.80 for the medical services, medical supplies and medications provided to Defendant Joseph F. Phelan. 9. As a result of said default and Defendants' failure and refusal to pay Plaintiff, the following amounts are due and owing to Plaintiff from Defendants: $13,887.80, plus costs and interest at 6% per annum ($2.28/diem) from the date of judgment. WHEREFORE, Plaintiff Central Pennsylvania Hematology & Medical Oncology Associates, P.C. demands judgment against Defendants Joseph F. Phelan and Susan Phelan in the amount of $13,887.80, together with 6% per annum ($2.28 per diem) interest, costs, and any and all other relief as the Court deems appropriate. Count II 10. Plaintiff incorporates herein by reference each and every allegation set forth in Paragraphs 1 through 9 herein. 11. As a result of the aforementioned, Defendants have become unjustly enriched and received the benefits of Plaintiffs said goods, merchandise, and services without paying for same in the remaining balance of $13,887.80 plus 6% per annum ($2.28/diem) interest and costs, which are the fair, reasonable, and market charges for said goods, merchandise, and services provided by Plaintiff to and upon the request of Defendants, and which remain unpaid despite Plaintiffs demand for payment. WHEREFORE, Plaintiff Central Pennsylvania Hematology & Medical Oncology Associates, P.C. demands judgment against Defendants Joseph F. Phelan and Susan Phelan in the amount of $13,887.80, together with 6% per annum ($2.28 per diem) interest, costs, and any and all other relief as the Court deems appropriate. Count III 12. Plaintiff incorporates herein by reference each and every allegation set forth in Paragraphs 1 through 11 herein. 13. Because Defendant Susan Phelan is the spouse of Defendant Joseph F. Phelan and was his spouse at the time services were rendered to Defendant Joseph F. Phelan, Defendant Susan Phelan is legally responsible for the cost of these necessary medical services rendered to Defendant Joseph F. Phelan. WHEREFORE, Plaintiff Central Pennsylvania Hematology & Medical Oncology Associates, P.C. demands judgment against Defendants Joseph. F. Phelan and Susan Phelan in the amount of $13,887.80, together with 6% per annum ($2.28 per diem) interest, costs, and any and all other relief as the Court deems appropriate. ebecca S. McClure (I.D. #46662) Attorney for Plaintiff P.O. Box 64 Mounri~ille, PA 17554 (717) 285-7172 VERIFICATION I, John D. Conroy, Jr., Chief Executive Officer far Plaintiff Central Pennsylvania Hematology & Medical Oncology Associates, P.C., hereby verify and affirm that that the averments set forth in this Complaint are true and correct to the best of my knowledge, information and belief, and that I am an officer of Central Pennsylvania Hematology & Medical Oncology Associates, P.C., and have been duly appointed and authorized to execute this verification on its behalf. li/a~d Date Jo onroy, Jr., Chief E u e Officer Cen Pennsylvania Hem logy & Medical Oncology Associates, P.C. 50 North 12`'' Street Lemoyne, P.A 17043 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ???,?rtitr of 4u,u6rf1?1?b 4, . ,° I_t + Y Central Pennsylvania Hematology & Medical Oncology Associates, PC vs. Joseph F. Phelan (et al.) Case Number 2010-7748 SHERIFF'S RETURN OF SERVICE 01/18/2011 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: Joseph F. Phelan, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Joseph F. Phelan. Request for service at 28 W. Main Street, Mechanicsburg, Pennsylvania 17055 the defendant was not found. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for Joseph F. Phelan. 01/18/2011 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: Susan Phelan, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Susan Phelan. Request for service at 28 W. Main Street, Mechanicsburg, Pennsylvania 17055 the defendant was not found. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for Susan Phelan. SHERIFF COST: $63.44 January 18, 2011 SO ANSWERS, RON y R ANDERSON, SHERIFF fcj Gour YSulte Sheriff Teleosot. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW C) Central Pennsylvania Hematology & Medical -a= Oncology Associates, P.C. ?m .? r-n 50 North 12'' Street AMENDED ccn rte- ;:0 ' Lemoyne, PA 17043, COMPLAIN a Plaintiff O -? ..i.. Q ..... ,s.,. --• Susan Phelan, Executrix for Estate for ---i t`.v r• Joseph F. Phelan and Susan Phelan individual No. 10-7748 -- 1111 A Primrose Avenue Camp Hill, PA 17011, Defendants NOTICE 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 upon you, by entering a written appearance personally (or by attorney) and by 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 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Se usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en ]a corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMENDED COMPLAINT AND NOW, comes Plaintiff, by and through its attorney, Rebecca S. McClure, Esq., and complains against Defendants as follows: Count I 1. The Plaintiff is Central Pennsylvania Hematology & Medical Oncology Associates, P.C. and is a corporation organized and existing under the laws of the Common- wealth of Pennsylvania, with a principal place of business at 50 North 12th Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. One of the Defendants is Susan Phelan, Executrix for the Estate of Joseph F. Phelan, last known to reside at 1111A Primrose Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. One of the Defendants is Susan Phelan, who is an adult individual last known to reside at 1111 A Primrose Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. On or approximately January 5, 2010 Plaintiff rendered medical services, medical supplies and/or medications to Joseph F. Phelan 5. Joseph F. Phelan died on December 18, 2010 6. Defendant Susan Phelan is the Executrix for the Estate of Joseph F. Phelan and, as such, is responsible, through his Estate, for the payment of the balance due and owing to Plaintiff as a result of the medical services that were rendered to Joseph F. Phelan. 7. Defendant Susan Phelan was the spouse of Defendant Joseph F. Phelan and was his spouse at the time services were rendered. 8. As the spouse, Defendant Susan Phelan is legally responsible for the cost of these necessary medical services rendered to Defendant Joseph F. Phelan. 9. The total unpaid balance remaining due and owing to Plaintiff from Defendants for said medical services, medical supplies and/or medications rendered to/supplied by Plaintiff is $13,887.80 10 Despite repeated requests, Defendants have failed and refused to pay Plaintiff the balance due and owing to Plaintiff of $13,887.80 for the medical services, medical supplies and medications provided to Defendant Joseph F. Phelan. 11. As a result of said default and Defendants' failure and refusal to pay Plaintiff, the following amounts are due and owing to Plaintiff from Defendants: $13,887.80, plus costs and interest at 6% per annum ($2.28/diem) from the date of judgment. WHEREFORE, Plaintiff Central Pennsylvania Hematology & Medical Oncology Associates, P.C. demands judgment against Defendants Susan Phelan, Executrix for the Estate of Joseph F. Phelan and Susan Phelan individually, in the amount of $13,887.80, together with 6% per annum ($2.28 per diem) interest, costs, and any and all other relief as the Court deems appropriate. Count II 12. Plaintiff incorporates herein by reference each and every allegation set forth in Paragraphs 1 through 11 herein. 13. As a result of the aforementioned, Defendants have become unjustly enriched and received the benefits of Plaintiffs said goods, merchandise, and services without paying for same in the remaining balance of $13,887.80 plus 6% per annum ($2.28/diem) interest and costs, which are the fair, reasonable, and market charges for said goods, merchandise, and services provided by Plaintiff to and upon the request of Defendants, and which remain unpaid despite Plaintiffs demand for payment. WHEREFORE, Plaintiff Central Pennsylvania Hematology & Medical Oncology Associates, P.C. demands judgment against Defendants Susan Phelan, Executrix for the Estate of Joseph F. Phelan and Susan Phelan individually, in the amount of $13,887.80, together with 6% per annum ($2.28 per diem) interest, costs, and any and all other relief as the Court deems appropriate. Count III 14. Plaintiff incorporates herein by reference each and every allegation set forth in Paragraphs 1 through 13 herein. 15. Because Defendant Susan Phelan was the spouse of Defendant Joseph F. Phelan and was his spouse at the time services were rendered to Joseph F. Phelan, Defendant Susan Phelan is legally responsible for the cost of these necessary medical services rendered to Joseph F. Phelan. WHEREFORE, Plaintiff Central Pennsylvania Hematology & Medical Oncology Associates, P.C. demands judgment against Defendants Susan Phelan, Executrix for the Estate of Joseph F. Phelan and Susan Phelan individually, in the amount of $13,887.80, together with 6% per annum ($2.28 per diem) interest, costs, and any and all other relief as the Court deems appropriate. Rebecca S. McClure (LD. #46662) Attorney for Plaintiff P.O. Box 64 Mountville, PA 17554 (717) 285-7172 VERIFICATION I, John D. Conroy, Jr., Chief Executive Officer for Plaintiff Central Pennsylvania Hematology & Medical Oncology Associates, P.C., hereby verify and affirm that that the averments set forth in this Complaint are true and correct to the best of my knowledge, information and belief, and that I am an officer of Central Pennsylvania Hematology & Medical Oncology Associates, P.C., and have been duly appointed and authorized to execute this verification on its behalf. /` e4) 10 Date Johr(D/Conroy, Jr., Chief cu#6e Officer Cent l Pennsylvania Hem ology & Medical Oncology Associates, P.C. 50 North 12`h Street Lemoyne, PA 17043 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t? Central Pennsylvania Hematology & Medical Oncology Associates, PC vs. Joseph F. Phelan (et al.) Case Number 2010-7748 SHERIFF'S RETURN OF SERVICE 03/1012011 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: Susan Phelan, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Susan Phelan. The Camp Hill Postmaster has advised, Susan Phelan's new address is 2114 N. Alabama Street, Indianapolis, Indiana 46202. 03/10/2011 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: Susan Phelan, Executrix for The Estate for Joseph F. Phelan, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Susan Phelan. The Camp Hill Postmaster has advised, Susan Phelan's new address is 2114 N. Alabama Street, Indianapolis, Indiana 46202. SHERIFF COST: $69.44 March 10, 2011 SO ANSWERS, RbNI`V R ANDERSON, SHERIFF (c Goon?,Suite Sheriff, ieieosoft. Inc. Davidg). Buell Prothonotary Office of the (Prothonotary Cum6erTand County, annsyfvania 2(irkS. Sofionage, ESQ Solicitor - 747L/e CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" DAY OF OCTOBER, 2014, 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 • Suite100 • Carlisle, VI 0 (Phone 717 240-6195 • Tai 717 240-6573