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HomeMy WebLinkAbout11-8372U.S. RENAL CARE, INC. f/k/a DIALYSIS CORPORATION OF AMERICA d/b/a DCA OF CHEVY CHASE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Docket No.: RONALD A. KETT, Civil Action - Law Defendant NOTICE TO DEFEND 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 the complaint and notice are served, by entering a written appearance personally or by 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPEWT.0 YOUR LAWYER AT ONCE. IF YOU DO N®+T HAVE A LAWYER OR CANNOT AFFORD ONE; G0 TO OR TELEPHONE 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 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas de estas demandas expuestas an las paginas signientes, usted tiene veinte (20) dias de plazo al partir de is fecha de la demanda y is notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, le cone tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u ostros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 OJVA ? q a. oo a? ct-g 3 s e?atob g'@A IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA U.S. RENAL CARE, INC. f/k/a CIVIL COURT DIVISION DIALYSIS CORPORATION OF AMERICA d/b/a DCA OF CHEVY CHASE, Plaintiff V. Docket No.: RONALD A. KETT, : Defendant Civil Action - Law COMPLAINT NOW COMES, U.S. Renal Care, Inc. f/k/a Dialysis Corporation of America d/b/a DCA of Chevy Chase ("U.S. Renal Care"), by and through its attorney, Capozzi & Associates, P.C., and makes the following Complaint for a money judgment against Defendant, and in support thereof, respectfully avers as follows: 1. Plaintiff, U.S. Renal Care, Inc., is a registered Pennsylvania corporation having its principal place of business at Camp Hill, Cumberland County, Pennsylvania. 2. Defendant Ronald Kett ("Patient" or "Defendant") is an adult individual with a last known address at 4400 East West Highway, # 301, Bethesda, MD 20814. 3. The clinic formerly known as DCA of Chevy Chase is an operating subsidiary of U.S. Renal Care, Inc., with a dialysis clinic located at 3 Bethesda Metro Ctr, Ste B-005, Bethesda, MD 20814. 4. U.S. Renal Care provides dialysis treatments and services to its patients. 5. On or about August 23, 2007, Defendant executed a Consent for Hemodialysis Agreement ("Consent Agreement") to allow Defendant to receive regular dialysis treatments 2 from U.S. Renal Care as scheduled by his physician and U.S. Renal Care. A true and correct copy of the Consent Agreement is attached hereto and incorporated herein as Exhibit "A." 6. On or about August 23, 2007, Defendant executed a Patient Assignment and Authorization of Payment of Insurance Benefits Agreement ("Assignment and Authorization Agreement"), which required the Defendant to assign and transfer any insurance money or benefits that he received for the dialysis treatments from U.S. Renal Care. A true and correct copy of the Assignment and Authorization Agreement is attached hereto and incorporated herein as Exhibit "B." Paragraph 5 of the Assignment and Authorization Agreement provides that Defendant "hereby acknowledges that, notwithstanding the foregoing assignment and authorization of benefit payments to U.S. Renal Care, the Patient shall be responsible for any and all charges and costs billed by U.S. Renal Care for dialysis treatments and related services ... and that U. S. Renal Care is authorized to bill the Patient directly for payment of such charges and costs." 8. U.S. Renal Care, at the special insistence and request of Defendant during the period of May 2009 through March 2010 ("Dates of Service"), provided numerous separate dialysis treatments ("Dialysis") at the rates and on the dates set forth in U.S. Renal Care's business records ("Account Statement"). A true and correct copy of the Account Statement is attached hereto and incorporated herein as Exhibit "C." 9. On July 11, 2011, and August 3, 2011, U.S. Renal Care's counsel mailed to Defendant demand letters, which provided information on how to pay the debt owed to U.S. Renal Care. A true and correct copy of the demand letters are attached hereto and incorporated herein as Exhibit "D." COUNT I - BREACH OF CONTRACT 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. The rates and total charges set forth in the Account Statement are just and reasonable and are the rates that Defendant agreed to pay for the Dialysis. 12. Under the terms of Defendant's policy with his insurance provider, Carefirst, Defendant received monthly checks from Carefirst pursuant to the claims filed by U.S. Renal Care. 13. Defendant's insurance provider did not always pay 100% of U.S. Renal Care's claims, which resulted in Defendant owing a co-pay to U.S. Renal Care ("Co-pay"). 14. Pursuant to the Assignment and Authorization Agreement attached as Exhibit B, Defendant was required to transfer the payments she received from Carefirst directly to U.S. Renal Care on a monthly basis. 15. As provided from Carefirst's records, Defendant received a total of $14,644.70 from Carefirst for the Dialysis treatments during the Dates of Service. 16. Defendant failed to transfer the insurance checks that he received from Carefirst. 17. The total amount of principal that has become due and owing by Defendant to U.S. Renal Care as a result of his failure to transfer the insurance payments that he received and his failure to pay the charges is $14,644.70. 18. To date, Defendant has failed and refused to pay the total due as provided under the Account Statement and the Assignment and Authorization Agreement. 19. Under the terms of the Authorization and Assignment Agreement and Defendant's insurance policy agreement, Defendant had a duty to transfer $14,644.70. 4 20. Defendant's failure to pay his Co-pay, his failure to transfer the insurance payments, and his failure to cure his default with U.S. Renal Care pursuant to the Assignment and Authorization Agreement constitute a breach of contract. 21. U.S. Renal Care has been financially damaged in the amount of $14,644.70, plus interest and costs of collection. WHEREFORE, Plaintiff, U.S. Renal Care, Inc. f/k/a Dialysis Corporation of America d/b/a DCA of Chevy Chase, demands judgment against Defendant in the sum of $14,644.70, plus interest at the legal rate of 6% per annum from the date of the judgment. COUNT II - QUANTUM MERUIT - UNJUST ENRICHMENT If this Honorable Court should find that an express contract did not exist between U.S. Renal Care and Defendant, which is denied, then, in that event, U.S. Renal Care pleads the following alternative cause of action in quantum meruit against the Defendant. 22. Plaintiff incorporates paragraphs 1 through 21 of this Complaint as if set forth at length herein. 23. Having requested U.S. Renal Care to provide the dialysis treatments and U.S. Renal Care having done so to the benefit of Defendant, Defendant became liable to U.S. Renal Care for the just and reasonable charges for the Dialysis. 24. The Defendant has been unjustly enriched by accepting the Dialysis. 25. The rates reflected in the Account Statement as Exhibit C are the just and reasonable rates for dialysis treatments and services. 26. The total value by which Defendant has become enriched on account of the Dialysis is $14,644.70, as is more specifically reflected in the Account Statement. 5 27. U.S. Renal Care has demanded Defendant pay this amount, but Defendant has failed to do so. 28. To date, the Defendant has not paid the total amount due. WHEREFORE, Plaintiff, U.S. Renal Care, Inc. f/k/a Dialysis Corporation of America d/b/a DCA of Chevy Chase, demands judgment against Defendant in the sum of $14,644.70, plus interest at the legal rate of 6% per annum from the date of judgment. COUNT III -CONVERSION OF MONEY 29. U.S. Renal Care incorporates Paragraphs 1 through 28 of this Complaint as if set forth herein. 30. Defendant was aware that due to the contractual relationship between Defendant and U.S. Renal Care pursuant to the Assignment and Authorization Agreement, the insurance payments Defendant received from Carefirst properly belonged to U.S. Renal Care. 31. Defendant had a legal and contractual duty to safeguard and forward the insurance payments by Carefirst made payable to Defendant to reimburse U.S. Renal Care for the Dialysis it provided to him. 32. During the Dates of Service, Defendant's insurance provider paid to her $14,644.70. 33. Defendant intentionally and permanently retained possession of the monies owed to U.S. Renal Care by failing to transfer a total of $14,644.70 of the insurance benefits Carefirst paid to him as required under the Assignment and Authorization Agreement. 34. Defendant's intentional possession of and his failure to forward the Carefirst insurance monies to U.S. Renal Care for the Dialysis provided to Defendant constitutes conversion. 6 35. U.S. Renal Care has been financially damaged by Defendant's conversion in the amount of at least $14,644.70. WHEREFORE, Plaintiff, U.S. Renal Care, Inc. f/k/a Dialysis Corporation of America d/b/a DCA of Chevy Chase, demands judgment against Defendant for conversion in the sum of $14,644.70, plus interest at the legal rate of 6% per annum from the date of judgment. Respectfully submitted, & Associates, P.C. Dated: By: Philip C. 'ffarholic, Esq Attorney .86341 2933 North Front Street 7 Harrisburg, PA 17110 (717) 233-4101 Attorneys for Plaintiff U.S. RENAL CARE, INC. f/k/a : IN THE COURT OF COMMON PLEAS OF DIALYSES CORPORATION OF AMERICA CUMBERLAND COUNTY, PENNSYLVANIA d/b/a DCA OF CHEVY CHASE, Plaintiff IV. RONALD A. KETT, Defendant : Docket No.: Civil Action - Law VERIFICATION I, Joanne Zimmerman, Vice President of Clinical Services, of U.S. Renal Care, Inc., owner and operator of DCA of Chevy Chase, do hereby verify under penalties of perjury and upon personal knowledge that the contents of the foregoing Complaint are true and correct. Date: ice President of Clinical Services .S. Renal Care, Inc. 214 Senate Avenue, Suite 300 Camp Hill, PA 17011 8 ]DIALYSIS CORPORATION OF AMMCA DCA OF CIIEVY CHASE CON >F IS Padent: i?&2Fr4 A- __ M Number. &03V ( } b the undersigtmed patient; ( } 4 the undeaaigned parent or guardian of the above pad" who b under 18 years of agc or otharwire incapable of consenting; hereby request and authorize Dr./ ,e.r•. and whomever he or she may desipate as his or her associate or assistant to administer to me (or to the above named patient) the procedure baboon as heUmmodialysis, under such conditions as shall be determined by the physician (s) in attendance. I ages to abide by the policies, rules, and regulations established by the above named Dialysis Unit in oarr*g out its hemrwdialysis program, It has been explained to me that hemodialysis is a procedure used in the case of patients with impairment of failure of kidney fimotion by which certain components of the blood are separated by a se ai-permeable substance which permits the passage of certain molecules and hinders that of otheas when the blood is oireulated through as artificial kidney, called a dialyzer. I understand that there are different types of equipment employed for the dialysis treatment and different types of artificial kidneys (dialyurs) used in the process. I acknowledge that the possible risks and complications of hemodialysis such as but not limited to leakage of the dialyzer, changes in blood pressure and malfunction of equipment have been explained to we by the professional personnel of the Dialysis Unit and I accept, on behalf of myself and/or the above patient the dialysis treatment with all potential risks and oomplioations. I also understand that any disorder, which afflicts me, can have effects on my treatment and on myself during the limo that I am receiving a dialysis treatment but that this fact does not mama that the dialysis treatment had awithing to do with the development of the problem related to this condition. I Ruther consent to the administration of such drugs, transfusions of blood or blood components, or any other treatment and testing, including MV testing, deemed neoessary or desirable in the judgment of the physioian (a) in attendance. I am aware that the practice of medicine is not an exact sciences and I acknowledge that no guarantee, warranty of representation whatsoever has been offered or made to me or anyone on my bek>eif con the results the hemodialysis procedure. _Af Signai?as. or POW LOW 0 uondion or Pued vVetK?ess•l ![???y_?^^...J Date:. x- o DCA Pam #1049 polud low EXHIBIT E1/68 39Vd 35VHD N13-ia dd VW 9i U59TOE re DIALYSIS CORPORA'T'ION OF AMMCA ]PATIENT ASSIGNMENT AND AUTHoRI7.ATION Ol` PAYMENT OF INSURANCE BENEFITS Fatilifys DCA of cbm Chase Patient Name: Patient TD#: ®D oZ 1. AS96MV I:M 1lie uadesaip W haseby asslgas, trudm and sass over to DCA of Chevy Chase monies and/or beaa6ta to which the Patient is (or way be) vn itled ftoq nay bomos and/or h" cm provider or utioael state, comz;y or local 801Mme0tal agency. ieetadhtg the Mediocre it =WM proVWu. U well ea My odds who, may be f 'molly Noble ft the Patient's dialysis nutta rrst and aervlow amt mlwd medical care by and/or at DCA of Chevy Cbau, inclu ft health iam=ce bsa4ts, moor meditml beosdita and other medical pWAeat coverage Or other policy coverage for wbioh the Padmt is entitled, to covet due costa of dialysis treatment and services and aay other medical we :endured to the i'atiaat by and/or at DCA of Chevy Chase. x. AUTHORIZATION OF PAYbMT OF INSURMCE BENIEFI'T'S Tl a mWouignod hereby authorizes and ditects thatpayment of all inatn acc bmsSts, iocbudleg bMcate bame t, if applioWe. a+ela* to say ohMp sad casts imun W as a result of di*ds no mews and tabW sasvices ad medical care pmvuW rA the Patient by and/or at DCA of 0 vvy Cbam% be poll sad remitted directly to DCA of Chevy Chat: in w=dance wish iRaumdons provided or to be provided by an agent or represtuative of DCA of Chevy Chase. If the u Wasigood's imsaaam policy or program does not p mvids for payment of rho a wnies or beneths is the name of INCA of Chevy Owe, the mdersiped hereby Amber ataboriaae ad lumicts the matt ow provider or ageaoy respo=16 ibr payment of the applicable h wwooo b Eta to issue the paymcot in the Patient's name and to deliver said payment to Da of Chevy Chase of its address as set forth in the inowdoae provided or to be provided by an agw or representative of DCA of Cbvy Chase. DELMMY OF BENEW PAYMNTS REf:EY'N'ED FROM PROVIDER The tmdersigaed hereby acknowledges that the monks or benefits to be paid by the Padew's hnsurance provider or pvmment agency for the charges, aesta sad fees incurred by DCA of Chevy Chore in its provision of dialysis tre mmet and rdated services and medical care to the Patient is att4 sball at ap times s+=dU the property of DCA of Chevy Chase, and in tttrfhera m thereof the undersigned hereby cowu mte sad ogm that in the went than any paywat of iasunume bcs>Mta, Including Medkat'e bead'its, wbkh relate directly to the ctarges, mu and fop invznd by DCA of Chivy Chaise as a result of its provision of dialysis I eattnwb sad rejated ser 4m and medics, care to the Patient is no to the Pagent or such Ptttkat's pudlan, attorney- in fact or r+epruentative, u the case may be, Inadvertently or otherwise, that the undwiped will promptly and uncouMmaily forward such payment directly to DCA of Chevy Chase. Page 1 of Z EXHIBIT MOT 39W 3SdHD AAB3 D M VW 96SU99TOE 66 I -Y RELEASE OF INFORMAT`YON The undadpad herby autlrodm and Cons W to the rtluau by DCA of Chevy Chase, or wry of its ABIM Or tepreti4Mdve4, Of all or part of any infortaalianr records or reports, either medical or Snaaoial In enlace, to or with mw pemmn, corporadon or government agency, inchWIAS way ftd-pM insurance mdVor health cart pmvktw. who 1s fiaaWWly IieMte for the Patlad s didysis tru meats and related Wvicea at well as tAedicai Cara, VA&A laformudon Is aeteowy for the substandadm verification and/or corrlimtatim oY payment of charms and costs to DCA of Chevy awe for the Wovidon to the Patten of such dialysis tteatnnentt wad rebbd .:Devices as well u modioal care, & RESPONSMUM FOR PAYMENTS The mlers*M hereby acknowledgm that, nom t sbuding the ffttoing aasignmad and authori=tiou of beaaf t paymm* to DCA d Chevy Oiaaa, the Paftt aball be rospooaAk fbr any and all ehaws wad coso bMW by, DCA of Chevy Que for dialysis Ittmuata and relsmd s min provided and not adttrwise covmrod or paid by sub thirdloV payor c: govuemcaW agency, htaludtng, without Unit aioa an dedwtible, oc-inamnoe and owpa mtu amaw2k and that DCA of Chevy Chase Is authorized to bM the Patlpat dhm* for payment of such charges and costa- 6. REVOCAMLITY The w424W hereby acknowledges that this PATIENT ASSIC T AND AUTHORIZATION OF PAYMBNT OF 1NS[lItANCE BENIMS may not be revoked unless such rmeation u accompanied by the w km eoosrat to such revooodou by DCA of Chevy Chase. 7. P1(OT000plXS The undessigood htnby arm dat a photocopy of this PATIENT ASSIGNIAW AND AMORIZA71ON OF PAYMM OF INSURANCE BBNBFiTS shat! be oonsWuW as valid as an original for pnrposss hereof and may be used In place of the original with respoct to each of items I Through s above, sig?Atre: Print Nnsae: .1 If you are edging as a guardian, attrxnay-is-fhot or represe"Ww of a patient, please indicau by marking &a box and complete the information below: 0 CERTIFICATION OF GUARDIAN/ATIrOME Y-IN-FACTAtEP)RE SENATWE Tbt undersigand hereby certifies that be/shc Is the duly appointed gaudum. sunray-in-Sct and/or rgmcwstive of the abovwatenttomed paticor, and that hehhe has full authority to execute Wes fbtm on behalfofsuch dependeat puleN. SlgatMM: Witness: Print Name: Dab: Page 2 of 2 CT/TT 39W 3S" N13-0 J0 YX 9L86699t0C GEIIT LOWEbl88 QMS Account s Pabelk lwane Carrier Patient Status Facility Marne Month of Service Check • . bum Date Amount Paid CSC Claim i Position :. Check Received at Clink Check Cashed by:PatieM cso motes Outstan ft a wlence 4119 Kett, Ronald Carefirst Active Chevy Chase Pre 06/2010 851595526 8/17/2009 $2,670.00 2 Primary FALSE TRUE $2,670.00 4119 Kett, Ronald Carefirst Active Chevy Chase Pre 06/2010 851595526 8/17/2009 $3,738.00 4 Primary FALSE TRUE $3,738.00 4119 Kett, Ronald Carefirst Active Chevy Chase Pre 06/2010 unknown 1/13/2010 $3,204.00 9 Primary FALSE TRUE $3,204.00 4119 Kett, Ronald Carefirst Active Chevy Chase Pre 06/2010 851835070 3/1/2010 $2,149.70 10 Primary FALSE FALSE $2,149.70 4119 Kett, Ronald Carefirst Active Chevy Chase Pre 06/2010 851783732 1/13/2010 $267.00 11 Primary FALSE TRUE $267.00 4119 Kett, Ronald Carefirst Active Chevy Chase Pre 06/2010 851919199 4/26/2010 $2,616.00 13 Primary FALSE TRUE $2,616.00 $14,644.70 ML W_ Z x W .WHIM Louis J. Capozzi, Jr., Esquire* Daniel K. Natirboff, Esquire Donald R. Reavey, Esquire; Craig I. Adler, Esquire ** Andrew R. Eisemann. Esquire Bruce G. Baron, Esquire Michael M. Jerominski, Esquire Dawn L. Richards. Esquire Timothy Ziegler, Reimb. Analyst Karen L. Fisher, Paralegal Keyoung J. Gill, Paralegal Gwenn M. Keene, Paralegal * (Licensed in PA, NJ and MD) ** (Licensed in PA and NJ) Ronald A. Kett 4400 East West Highway, Apt. 301 Bethesda, MD 20814 Ronald A. Kett 2933 North Front WNW Harrisburg, PA 17110 Telephone: (717) 233-4101 Facsimile: (717) 233-4103 www.capozziassociates.com Mid-Penn Abstract Company Charter Settlement Company Telephone: (717) 234-3289 Facsimile: (717) 234-1670 6 Maya Port Saint Lucie, FL 34952-8520 Re: Account with U.S. Renal Care f/k/a Dialysis Corporation of America Patient Name: Ronald Kett Account Balance: $97,761.51, as of 7/1/11, plus court costs if necessary Our Matter No.: 921-11 Dear Mr. Kett: Please be advised that our law firm represents U.S. Renal Care formerly known as Dialysis Corporation of America regarding your delinquent account. You received numerous treatments from our client's facility in Chevy Chase, MD, and your health insurance carrier provided checks to you for the specific purpose of reimbursing the Dialysis Corporation of America. The Payment Agreement with our client is currently in default because you intentionally failed to transfer insurance proceeds to our client. If you fail to contact me to make payment arrangements, we will prosecute a lawsuit, if necessary, against you to obtain asset information, force a settlement, or obtain a money judgment. When suit is filed it may give rise to the following consequences: 1. To defend this suit, it may be necessary for you to appear in court. 2. If a judgment is obtained against you, you may be required to pay court costs, attorney's fees, and interest in addition to the money you now owe. 3. If a judgment is obtained against you, a writ of execution may be issued ordering the seizure and sale of your personal or real property. 4. A judgment is a matter of public record, and it will negatively affect your credit rating. NOTICE: UNLESS YOU DISPUTE THE VALIDITY OF THIS DEBT, OR ANY PORTION THEREOF, WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE, THE DEBT WILL BE CONSIDERED TO BE VALID. IF YOU NOTIFY OUR OFFICE IN WRITING WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT THIS DEBT, OR ANY PORTION THEREOF, IS DISPUTED, WE WILL OBTAIN VERIFICATION OF THE DEBT AND WE WILL MAIL A COPY TO YOU. THE NAME OF THE ORIGINAL CREDITOR OF THIS DEBT IS IDENTIFIED ABOVE. EXHIBIT D July 11, 2011 THIS LETTER AND ALL OTHER COMMUNICATIONS FROM US ARE ATTEMPTS TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Please make arrangements to pay this debt in one or more installment payments, or you may call me if you have any other questions. You have the right to consult with an attorney for advice regarding this serious matter. I trust that you will give this Notice your immediate attention. ARE/kj g cc: Bonnie Newton 2 Louis J. Capozzi, Jr., Esquire* Daniel K. Natirboff, Esquire Donald R. Reavey, Esquire Craig I. Adler, Esquire ** Andrew R. Eiseman. Esquire Bruce G. Baron, Esquire Dawn L. Richards, Esquire: Philip C. Warholic, Esquire Matthew A. Thomsen. Esquire* Timothy Ziegler, Reimb. Analyst Karen L. Fisher, Paralegal Keyoung J. Gill, Paralegal Gwenn M. Keene, Paralegal * (Licensed in PA, NJ and MD) ** (Licensed in PA and NJ) Ronald A. Kett 4400 East West Highway, Apt. 301 Bethesda, MD 20814 2933 North Front Street Harrisburg, PA 17110 Telephone: (717) 233-4101 Facsimile: (717) 233-4103 www.capozziassociates.com Mid-Penn Abstract Company Charter Settlement Company Telephone: (717) 234-3289 Facsimile: (717) 234-1670 Re: Account with U.S. Renal Care f/k/a Dialysis Corporation of America Patient Name: Ronald Kett Account Balance: $97,761.51, as of 7/1/11, plus court costs if necessary Our Matter No.: 921-11 Dear Mr. Kett: As you are aware, our law firm represents U.S. Renal Care f/k/a Dialysis Corporation of America regarding the above-referenced delinquent account. You failed to respond to my letter to you, dated July 11, 2011, attempting to amicably resolve this matter. You have left me no choice but to advise our client to proceed with civil litigation to obtain a Money Judgment for the full amount owed, plus interest, attorney's fees, and court costs. Please call or write to me immediately if you would rather settle this matter in an amount and installment payment arrangement that is reasonable to all parties. Otherwise, this will be my final communication to you before we file the civil Complaint. ARE/kj g cc: Bonnie Newton THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. August 3, 2011 r U.S. RENAL CARE, INC. f/k/a DIALYSIS CORPORATION OF AMERICA d/b/a DCA OF CHEVY CHASE, Plaintiff V. RONALD A. KETT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 11-8372 Civil Action - Law PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY/CLERK OF SAID COURT: C'-) O N r ? 7 a% o -v o 20 C G N :) --4m Pursuant to Pa.R.Civ. P. No. 1037(b), enter judgment in favor of Plaintiff, U.S. Renal Care, Inc. f/k/a Dialysis Corporation of America d/b/a DCA of Chevy Chase, and against Defendant, Ronald Kett, for failing to file an Answer to Plaintiff's Complaint within twenty (20) days from the date of service of said Complaint and assess Plaintiff's damages certified to be calculable as a sum certain from the Complaint, I hereby certify that: Principal Amount Due: $14,644.70 Attorney Fees: $ 1,253.00 Cost of Court: $ 219.07 TOTAL: $16,116.77 * Plus post-judgment interest at the legal rate of 6% per annum, and costs of collection. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes §4904, relating to unsworn falsification to authorities. I verify that: aA ?c•? Pd 1. The last known address for Defendant is as follows: Ronald A. Kett 4400 East West Highway #301 Bethesda, MD 20814 2. It is certified that a written Notice of Intention to Enter Judgment by Default was mailed to Defendant, against whom this judgment is to be entered, after the default occurred, and at least 10 days prior to the date of the filing of this Praecipe. A copy of the Affidavit of Service is attached as Exhibit "A." A copy of the Notice of Intent to Enter Default Judgment is attached as Exhibit "B." Date: Philip Warholic, Esquire Attorne.I.D. No.: 86341 Capozzi & Associates, P.C. 1200 Camp Hill By-Pass, Suite 205 Camp Hill, PA 17011 (717) 233-4101 Attorney for Plaintiff 2