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HomeMy WebLinkAbout13-5741 Supreme Court ofTennsylvania C OUr6�,%o ' � & CO m m Pleas For Prothonotary Use Only: Civ ;1-Cover Sheet Docket No: off s' CUMBERLAND� County J3 / 3 The h7formation collected on this form is used solely fbr court odministration purposes. This form does not ,supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S [I Complaint l Writ of Summons Petition E] Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: Cumberland Valley Chiropractic & Wellness Patricia Hollinger Are money damages requested? ( Yes C1 No Dollar Amount Requested: Owithin arbitration limits I (check one) outside arbitration limits O N Is this a Class Action Suit? El Yes ED No Is this an MDJAppeal? [3 Yes El No A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire /Martson Law Offices 0 Check Isere if you have no attorney (are a Self - Represented I*Pro Se# Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional F11 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution Q Debt Collection: Credit Card El Board of Assessment E] Motor Vehicle Debt Collection: Other 4-' Board of Elections Nuisance Unpaid invoices 0 Dept. of Transportation Q Premises Liability El Statutory Appeal: Other S Q Product Liability (does not include 0 Employment Dispute: E mass tort) Slander /Libel/ Defamation Discrimination C 0 Other: El Employment Dispute: Other 0 Zoning Board Q Other: , I Q Other: O MASS TORT Q Asbestos N E] Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste Other: El Ejectment E3 Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation Q Declaratory Judgment M Ground Rent 0 Mandamus El Landlord /Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Q Mortgage Foreclosure: Commercial Quo Warranto n Dental Partition El Replevin 0 Legal Q Quiet Title Other: C] Medical Other: 0 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Cumberland Valley Chiropractic & Wellness 40 Brookwood Avenue Carlisle, PA 17015 S Case No.. _ /,3 Civil Term VS. Civil Action - Law Defendant(s) & Address(es) Patricia Hollinger 127 East Penn Street MCD �_ Carlisle, PA 17013 PRAECIPE FOR WRIT OF SUMMONS N3 TO THE PROTHONOTARY /CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorney/Sheriff. (Please Circle choice) ne Date : Signature of Attorney Print Name: Christopher E. Rice, Esquire Address: 10 East High Street Carlisle, PA 17013 Telephone #: (717) 243 -3341 Supreme Court ID Number: 90916 ,Q �1 WRIT OF SUMMONS TO: /dfr1CicL 41 1 wgG/ YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS /HAVE COMMENCED AN ACTION AGAINST YOU. ( ��J_ Prothonotary /Cler , Civil Division Date: ` �Q/ `3/°203 Deputy 1 /0 3. ��..9G3s6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith but ' Chief Deputy Richard W Stewart Solicitor s ,.,. TJr$wEkjFa Jt s �3E<Cy sx.`� j r�ENS ft Cumberland Valley Chiropractic&Wellness Case Number vs. Patricia Hollinger 2013-5741 SHERIFF'S RETURN OF SERVICE 10/07/2013 09:32 PM- Deputy Dawn Kell, being duly sworn according to law, served the requested Writ of Summons by handing a true copy to a person representing themselves to be Greg Wolfgang, Boyfriend,who accepted as"Adult Person in Charge"for Patricia Hollinger at 127 E. Penn Street, Carlisle Borough, Carlisle, PA 17013. �J DAWN KELL, DEPUTY SHERIFF COST: $35.24 SO ANSWERS, October 08, 2013 RON . R ANDERSON, SHERIFF c);ou^tySui e Sheriff,Te eosoft b?c. zr,J 1 i 0N0 i l~ 2313 OCT 17 PM 2: 48 CUMBERLAND COUNTY PENNSYLVANIA Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears @hhrlaw.com CUMBERLAND VALLEY : IN THE COURT OF COMMON PLEAS CHIROPRACTIC & WELLNESS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) v. : NO. 13-5741 PATRICIA HOLLINGER : CIVIL ACTION - LAW Defendant(s) PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule on the Plaintiff to file a Complaint within twenty (20) days of the date of service thereof, or suffer judgment of non pros. HANDLER, HENNING & ROSENBERG By: Andrew p , squire (87737) 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 717-238-2000 spears @hhrlaw.com Counsel for Defendant, Patricia Hollinger Date: October 14, 2013 1/LEb PpL'ri/a 7n eV 0613c r-l7 PM 01:(49 04.014.13 Le.,PA "ce Andrew C. Spears Attorney ID#87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears @hhrlaw.com CUMBERLAND VALLEY •▪ IN THE COURT OF COMMON PLEAS CHIROPRACTIC & WELLNESS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) • v. : NO.113-5741 PATRICIA HOLLINGER •▪ CIVIL ACTION - LAW • Defendant(s) • RULE TO FILE COMPLAINT TO THE PLAINTIFFS: You are hereby directed to file a Complaint in the above-captioned matter within 20 days or judgment non pros will be entered against you. Date: 103 ■ PROTHONOTARY F poi"�y P o� ��13 o�i �o,P{� ` DJ Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff(s) Fax : (717) 233-3029 E-mail: Spears @hhrlaw.com CUMBERLAND VALLEY CHIROPRACTIC : IN THE COURT OF COMMON PLEAS & WELLNESS CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiff(s) v. : NO. 13-5741 PATRICIA HOLLINGER : CIVIL ACTION - LAW • • Defendant(s) CERTIFICATE OF SERVICE On October 14, 2013, I hereby certify that a true and correct copy of the foregoing Praecipe for Rule to File Complaint was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Christopher E. Rice, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 HANDLERENNING & ROSENBERG, LLP Dated: Andrew C. ea Fli 17 THE (1O Ft0P10)'Ai '( F:\FILES\Clients\12701 Diller\12701.5 Hollinger\12701.5 Complaint-Breach.wpd 2013 NOV -7 PM 3: C9 Christopher E. Rice, Esquire CUMBERLAND COUNTY I.D. Number 90916 NNVAH A Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs CUMBERLAND VALLEY : IN THE COURT OF COMMON PLEAS OF CHIROPRACTIC AND WELLNESS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : NO. 2013 - 5741 CIVIL TERM • PATRICIA HOLLINGER, • Defendant 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,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 the Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 F'.WILES\Clients\12701 Diller\12701.5 Hollinger\12701.5 Complaint-Breach.wpd Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs CUMBERLAND VALLEY : IN THE COURT OF COMMON PLEAS OF CHIROPRACTIC AND WELLNESS, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2013 - 5741 CIVIL TERM • PATRICIA HOLLINGER, • Defendant COMPLAINT AND NOW, comes the Plaintiff, Cumberland Valley Chiropractic and Wellness, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER,and hereby avers as follows: 1. Plaintiff, Cumberland Valley Chiropractic and Wellness ("Plaintiff'), is a Pennsylvania corporation with a registered address at 40 Brookwood Avenue,Carlisle,Cumberland County, Pennsylvania, 17015. 2. Defendant, Patricia Hollinger("Defendant"), is an adult individual residing at 127 East Penn Street, Carlisle, Cumberland County, Pennsylvania 17013 . 3. Plaintiff is in the business of providing chiropractic services to individuals. 4. On or around November 20, 2008, Defendant solicited chiropractic services from Plaintiff for injuries suffered in an automobile accident.The Services provided by Plaintiff are more fully described in Plaintiff's invoices. A true and correct copy of Plaintiff's invoices are attached hereto as Exhibit "A" ("Services"). 5. From November 20, 2008, to December 27, 2011, Plaintiff received multiple chiropractic treatments from Plaintiff. 6. At the request of Defendant,Plaintiff initially sent all bills for service to Defendant's insurance provider for payment. 7. Upon information and belief,Defendant's insurance provider covered the treatment until October 2010. 8. Upon information and belief, Defendant's chiropractic treatments are no longer covered by her insurance provider. 9. Plaintiff continued to provide chiropractic services to Defendant after Defendant's insurance carrier suspended coverage, based upon representations from Defendant that Plaintiff would be paid as a result of Defendant's personal injury lawsuit. 10. Plaintiff's services totaled $21,400.00. See attached Exhibit "A". 11. Plaintiff and Defendant made an oral agreement("Agreement")for the chiropractic services to be performed by Plaintiff. 12. In return, Defendant would provide monetary payment to the Plaintiff for the chiropractic services received. 13. Plaintiff provided the requested services to Defendant pursuant to the Agreement for a total value of$21,400.00. 14. Defendant received and accepted the services at Plaintiff's place of business. 15. After the services were completed by Plaintiff, invoices for said services rendered were presented to Defendant with the express expectation of payment. 16. Despite repeated demands, no payments have been made by the Defendant for amounts due nor has Defendant disputed this debt. 17. Therefore,Defendant is liable to Plaintiff for the amounts owed plus interest at 11/2% per month and costs. COUNT I - BREACH OF CONTRACT 18. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 17 as if fully set forth herein. 19. The Agreement was made between Plaintiff and Defendant. 20. Plaintiff completed performance under the Agreement by providing the chiropractic services to Defendant. 21. Defendant breached the Agreement by failing to pay for the services. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $21,400.00, plus interest at 1'/2%per month and costs of suit. COUNT II- QUANTUM MERUIT 22. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 21 as if fully set forth. 23. In the alternative, and should this Court find that no agreement exists, Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of$21,400.00. 24. Defendant requested that Plaintiff provide the services. 25. Plaintiff did provide the services for a total value of$21,400.00. 26. Defendant accepted and benefitted from the services provided by Plaintiff. 27. It would be inequitable for Defendant to retain the benefit of those services without payment for value. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $21,400.00, plus costs of suit and interest. MARTSON LAW OFFICES By: . r /C Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. Number 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: /(-- 6 - /3 Attorneys for Plaintiff EXHIBIT "A" Patricia L Iollinger #29 Case#1 Case $alance: $21370.00 July 16, 2013 Entries For Date range 10/13/2010 to 12/27/2011 Date Entry Type Fee Pymt/Adj 3111 # 10/13/2010 Previous Balance from old system 11045.00 40 10/20/2010 Spinal manipulation: 1-2 Regions 45.00 1 10/20/2010 Extraspinal manipulation:extremi 40.00 1 10/20/2010 Massage Therapy 140.00 1 10/27/2010 Spinal manipulation: 1-2 Regions 45.00 2 10/27/2010 Massage Therapy 70.00 2 11/03/2010 Spinal manipulation: 1-2 Regions 45.00 2 11/03/2010 Extraspinal manipulation:extremi 40.00 2 11/03/2010 Massage Therapy 140.00 2 11/10/2010 Spinal manipulation: 1-2 Regions 45.00 3 11/10/2010 Extraspinal manipulation:extremi 40.00 3 11/11/2010 Massage Therapy 140.00 4 11/17/2010 Spinal manipulation: 1-2 Regions 45.00 4 11/17/2010 Extraspinal manipulation:extremi 40.00 4 12/01/2010 Spinal manipulation: 1-2 Regions 45.00 5 12/01/2010 ExtraSpinal manipulation:extremi 40.00 5 • 12/01/2010 Massage Therapy 70.00 5 12/08/2010 Spinal manipulation: 1-2 Regions 45.00 6 12/08/2010 ExtraSpinal manipulation:extremi 40.00 6 12/08/2010 Massage Therapy 140.00 6 12/15/2010 Spinal manipulation: 1-2 Regions 45.00 6 12/15/2010 ExtraSpinal manipulation:extremi 40.00 6 12/15/2010 Massage Therapy 140.00 6 12/22/2010 Spinal manipulation: 1-2 Regions 45.00 7 12/22/2010 ExtraSpinal manipulation:extremi 40.00 7 12/22/2010 Massage Therapy 140.00 7 12/29/2010 Spinal manipulation: 1-2 Regions 45.00 7 12/29/2010 ExtraSpinal manipulation:extremi 40.00 7 12/29/2010 Massage Therapy 140.00 7 01/05/2011 Spinal manipulation: 1-2 Regions 45.00 8 01/05/2011 ExtraSpinal manipulation:extremi 40.00 $ 01/05/2011 Massage Therapy 140.00 8 01/12/2011 Spinal manipulation: 1-2 Regions 45.00 5 01/12/2011 ExtraSpinal manipulation:extremi 40.00 8 01/13/2011 Spinal manipulation: 1-2 Regions 45.00 9 01/13/2011 Massage Therapy 140.00 9 01/19/2011 Spinal manipulation: 1-2 Regions 45.00 10 01/19/2011 Massage Therapy 140.00 10 01/26/2011 Spinal manipulation: 1-2 Regions 45.00 10 01/26/2011 ExtraSpinal manipulation:extremi 40.00 10 02/02/2011 Spinal manipulation: 1-2 Regions 45.00 11 02/02/2011 ExtraSpinal manipulation:extremi 40.00 11 02/02/2011 Massage Therapy 140.00 11 02/09/2011 Spinal manipulation: 1-2 Regions 45.00 11 02/09/2011 ExtraSpinal manipulation:extremi 40.00 11 02/09/2011 Massage Therapy 140.00 11 02/16/2011 Spinal manipulation: 11-2 Regions 45-00 12 02/15/2011 ExtraSpinal manipulation:extremi 40.00 12 02/16/2011 Massage Therapy 140.00 12 02/23/2011 Spinal manipulation: 1-2 Regions 45.00 13 02/23/2011 ExtraSpinal manipulation:extremi 40.00 13 02/23/2011 Massage Therapy 140.00 13 03/02/2011 Spinal manipulation: 1-2 Regions 45-00 14 03/02/2011 ExtraSpinal manipulation:extremi 40.00 14 03/02/2011 Massage Therapy 140.00 14 03/02/2011 Oils, pillows, supplements 30.00 14 03/02/2011 Check payment #1675 ' -30-00 14 03/09/2011 Spinal manipulation: 1-2 Regions 45.00 15 03/09/2011 ExtraSpinal manipulation:extremi 40.00 15 03/09/2011 Massage Therapy 140.00 15 03/16/2011 Spinal manipulation: 1-2 Regions 45.00 15 03/16/2011 ExtraSpinal manipulation:extremi 40.00 15 03/16/2011 Massage Therapy 140.00 15 03/23/2011 Spinal manipulation: 1-2 Regions 45.00 16 03/23/2011 ExtraSpinal manipulation:extremi 40.00 16 03/30/2011 Spinal manipulation: 1-2 Regions 45.00 17 03/30/2011 ExtraSpinal manipulation:extremi 40.00 17 03/30/2011 Massage Therapy 140.00 17 04/06/2011 Spinal manipulation: 1-2 Regions 45.00 18 300/£00'd 996bC LLL(XVA) ssau l l e, 0J!1-10 AO K:60 £LOZ/9L/L0 Page. 2 Patricia L Hollinger #29 Su1y 16„ 2013 04/06/2011 ExtraSpinal manipulation:extremi 40.00 18 04/06/2011 Massage Therapy 140.00 18 04/12/2011 Spinal manipulation: 1-2 Regions 45.00 18 04/12/2011 ExtraSpinal manipulation:extremi 40-00 18 04/12/2011 Massage Therapy 140.00 18 04/20/2011 Spinal manipulation: 1-2 Regions 45.00 19 04/20/2011 ExtraSpinal manipulation:extremi 40.00 19 04/27/2011 Spinal manipulation: 1-2 Regions 45.00 19 04/27/2011 ExtraSpinal manipulation:extremi 40.00 19 05/03/2011 Massage Therapy 140.00 20 05/04/2011 Spinal manipulation: 1-2 Regions 45.00 20 05/09/2011 Massage Therapy 140.00 21 OS/11/2011 Spinal manipulation: 1-2 Regions 45.00 21 05/17/2011 Spinal manipulation: 1-2 Regions 45.00 22 05/17/2011 Massage Therapy 140.00 22 09/24/2011 Spinal manipulation: 1-2 Regions 45.00 23 05/24/2011 Massage Therapy 140-00 23 06/01/2011 Spinal manipulation: 1-2 Regions 45.00 24 06/07/2011 spinal manipulation: 1-2 Regions 45.00 25 06/07/2011 Massage Therapy 140-00 25 06/14/2011 Spinal manipulation: 1-2 Regions 45.00 , 26 06/21/2011 Spinal manipulation: 1-2 Regions 45.00 27 06/21/2011 Massage Therapy 140.00 27 06/28/2011 Spinal manipulation: 1-2 Regions 45.00 28 07/05/2011 Spinal manipulation: 1-2 Regions 45.00 29 07/05/2011 Massage Therapy 140.00 29 07/12/2011 Spinal manipulation: 1-2 Regions 45.00 30 07/19/2011 Spinal manipulation: 1-2 Regions 45.00 31 01/19/2011 Massage Therapy 140-00 31 07/26/2011 Spinal manipulation: 1-2 Regions 45.00 32 07/26/2011 Massage Therapy 140.00 32 08/02/2011 Spinal manipulation: 1-2 Regions 45.00 33 08/09/22011 Spinal manipulation: 1-2 Regions 45.00 33 08/09/2011 Massage Therapy 140-00 34 08/16/2011 Spinal manipulation: 1-2 Regions 45.00 34 08/17/2011 Massage Therapy 140.00 34 08/23/2011 spinal manipulation: 1-2 Regions 45.00 35 08/23/2011 Massage Therapy 140.00 35 OS/30/2011 Spinal manipulation: 1-2 Regions 45.00 36 08/30/2011 Massage Therapy 140.00 36 09/06/2011 Spinal manipulation: 1-2 Regions 45.00 36 09/06/2011 Massage Therapy 140.00 36 09/14/2011 Spinal manipulation: 1-2 Regions 45.00 37 09/20/2011 Spinal manipulation: 1-2 Regions 45.00 37 09/20/2011 Massage Therapy 140.00 37 09/27/2011 Spinal manipulation; 1-2 Regions 45.00 38 09/27/2011 Massage Therapy 140.00 38 10/04/2011 Spinal manipulation: 1-2 Regions 45.00 39 10/04/2011 Massage Therapy 140.00 39 10/11/2011 Spinal manipulation: 1-2 Regions 45-00 39 10/11/2011 Massage Therapy 140.00 39 10/16/2011 Spinal manipulation: 1-2 Regions 45.00 41 10/18/2011 Massage Therapy 140-00 41 10/25/2011 Spinal manipulation: 1-2 Regions 45.00 42 10/25/22011 Massage Therapy 140.00 42 11/01/2011 Spinal manipulation: 1-2 Regions 45.00 43 11/01/2011 Massage Therapy 140.00 43 11/16/2011 Spinal manipulation: 1-2 Regions 45.00 44 11/29/2011 Spinal manipulation: 1-2 Regions 45-00 45 11/29/2011 Massage Therapy 140.00 45 12/06/2011 spinal manipulation: 1-2 Regions 45.00 46 12/06/2011 massage Therapy 140.00 46 12/13/2011 Spinal manipulation: 1-2 Regions 45.00 47 12/13/2011 Massage Therapy 140.00 47 12/20/2011 Spinal manipulation: 1-2 Regions 45-00 48 12/20/2011 Massage Therapy 140.00 46 12/27/2011 Spinal manipulation: 1-2 Regions 45.00 49 12/27/2011 Massage Therapy 140.00 49 Total cash : $ 0.00 Total checks : $ 30.00 Total credit eard : $ 0-00 Total payer payments : S 0.00 Total Charges : $21400.00 Total Received : $ 30.00 Total Adjustment : $ 0.00 S00/b00'd 98617£17ULL(XVJ) ssaullaM 0a!40 A3 S1:60 £L0Z/9L/L0 8agc 3 Patricia L 7.-io117.n4Q= #29 .S12.11, 16, 2013 • cnn/cnn'.+ OORbCb7/I/(550-1) SS9UI I M OJIU7 AlcL:Rn rLIl7/QL//l VERIFICATION t ' The foregoinn Complaint isbaseduponiaz bnnatianwhichhasbeengatheiedbyniycounsel in the preparation of the lawsul.The language of the document is that of cout s el and notary own. I have read the docuiinent and to the ctent that it is base tpon inenmation which I have given to nrty counsel,it is ttve and conectto the best ofmyknowlkge,information,and belief.To the extent that the content of the document is that of counsel, I have relied upon counsel in makixg this verification. This statement and vetifxati011are made subject toys penalties of IS Pa C.S.Section 4904 relating to unswom fa13 ifcation to authorities, which provides that if I make knowingly false averments,I may be subject to crizni alpermties. CAROLINE DILLER, D.C., CUMBERLAND VALLEY CHIROPRACTIC AND WELLNESS, LLC. Caw&By: a:WLES+t uam1n urroi sFto.10201rim3coapra.sA.ricmra • Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com rl YCOupENsL M/q� F v Attorney for Plaintiff(s) Cumberland Valley Chiropractic & Wellness v. Patricia Hollinger Plaintiff(s) Defendant(s) : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • • : NO. 13-5741 : CIVIL ACTION - LAW • NOTICE TO PLEAD TO: Cumberland Valley Chiropractics & Wellness do Christopher E. Rice, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: May 12, 2014 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Andrew - •ears, Esquire Supreme Court ID#206214 1300 Linglestown Road - Suite 2 Harrisburg, PA 17110 717-238-2000 spears@hhrlaw.com Attorney for Plaintiff Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) CUMBERLAND VALLEY CHIROPRACTIC & IN THE COURT OF COMMON PLEAS WELLNESS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO.: 13-5741 PATRICIA HOLLINGER CIVIL ACTION — LAW Defendant ANSWER WITH NEW MATTER 1. Denied after reasonable investigation. The Defendant has insufficient information as to the truth or falsity of the averments set forth in Paragraph 1, therefore, said averments are denied and strict proof thereof is demanded at the time of Trial. 2. Admitted. 3. Denied after reasonable investigation. The Defendant has insufficient information as to the truth or falsity of the averments set forth in Paragraph 3 therefore, said averments are denied and strict proof thereof is demanded at the time of Trial. 4. Admitted in part. Denied in part. It is admitted that Defendant solicited the chiropractic services from Plaintiff. The remaining averments of Paragraph 4 are conclusions of law to which no response is required. If a response is required, Exhibit "A" is a written document which speaks for itself. 5. Admitted. 6. Denied. After reasonable investigation, Defendant has insufficient information as to the truth or falsity of the averments set forth in Paragraph 6, therefore, said averments are denied and strict proof thereof is demanded at the time of Trial. If a response is required, Defendant avers that she had no control over the billing practices of Plaintiff. 7. Denied. After reasonable investigation, Defendant has insufficient information as to the truth or falsity of the averments set forth in Paragraph 7, therefore, said averments are denied and strict proof thereof is demanded at the time of Trial. If a response is required, Defendant avers that she had no control over the billing practices of Plaintiff. 8. Denied. After reasonable investigation, Defendant has insufficient information as to the truth or falsity of the averments set forth in Paragraph 8, therefore, said averments are denied and strict proof thereof is demanded at the time of Trial. If a response is required, Defendant avers that she had no control over the billing practices of Plaintiff. 9. Admitted in part. Denied in part. It is admitted that Plaintiff provided chiropractic services to Defendant. However, the remaining averments of Paragraph 9 constitute conclusions of law to which no response is required. 10. Without admission, no response is required as Plaintiff's Exhibit "A" is a written document that speaks for itself. If a response is required, the averments of Paragraph 10 are denied as Defendant avers that Plaintiff's services exceed the amount authorized by Pennsylvania law. 11. The averments of Paragraph 11 constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 12. The averments of Paragraph 12 constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 13. The averments of Paragraph 13 constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 14. The averments of Paragraph 14 constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 15. The averments of Paragraph 15 constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 16. The averments of Paragraph 16tonstitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 17. The averments of Paragraph 17 constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. COUNT I — BREACH OF CONTRACT 18. The averments of this Paragraph constitute an incorporation paragraph to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 19. The averments of Paragraph 19 constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Defendant are hereby denied. 20. The averments of Paragraph 20 constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Defendant are hereby denied. 21. The averments of Paragraph 21 constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on the part of Defendant are hereby denied. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint, enter judgment in her favor and enter such other Orders that are equitable and just. COUNT II — QUANTUM MEROIT 22. The averments of this paragraph constitute an incorporation paragraph to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 23. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 24. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 25. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 26. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. 27. The averments of this paragraph constitute conclusions of law to which no response is required. If a response is required, any and all allegations and/or insinuations of wrongdoing on part of the Defendant are hereby denied. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiffs Complaint, enter judgment in her favor and enter such other Orders that are equitable and just. NEW MATTER Defendant incorporates the foregoing paragraphs of her Answer and raises the following New Matter: 28. Discovery may reveal that the Plaintiff failed to mitigate its damages. 29. To the extent that some of Plaintiff's damages have been paid for in the past or will be payable in the future by insurance, group contract or other arrangement for payment, and claims for those damages are barred by Pennsylvania law. 30. Plaintiffs claims are barred by the affirmative defenses identified in the Pennsylvania Rule of Civil Procedure 1030, including but not limited to: (a) Waiver; (b) Estoppel; (c) Statute of Limitations; (d) Latches (e) Legality (f) Release; (g) Fraud; (h) Assumption of the Risk; and (i) Payment 31. Plaintiff's Complaint fails to state a claim against Defendant upon which relief can be granted. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in her favor and enter such other Orders that are equitable and just. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By: Andrew C. Spears, Esquire Supreme Court ID#206214 1300 Linglestown Road - Suite 2 Harrisburg, PA 17110 717-238-2000 spears@hhrlaw.com VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) Andrew C. Spears, Esquire, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Andrew C. ears, Esgaire Date: 5/12/2014 Andrew C. Spears Attorney ID# 87737 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Spears@hhrlaw.com Attorney for Plaintiff(s) Cumberland Valley Chiropractic & Wellness Patricia Hollinger Plaintiff(s) Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COUNTY, PENNSYLVANIA NO. 13-5741 CIVIL ACTION - LAW CERTIFICATE OF SERVICE On, May 13, 2014, I hereby certify that a true and correct copy of Answer with New Matter was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Christopher E. Rice, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Attorney for: Patricia Hollinger HANDLER, HENNING & ROSENBERG, LLP Andrew C. Spears F:\FILES\Clients\12701 Diller\12701.5 Hollinger\12701.5.ans Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs 0nn, 4F i � 4 r.., Ori THE II' SLI � HOHO lAR}[ 2Q1•.,MAY 16 AM t: 25 OTTO GILROY & FALLER CUMBERLAND COU' PENNSYLVANIA CUMBERLAND VALLEY CHIROPRACTIC AND WELLNESS, Plaintiff v. PATRICIA HOLLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013 - 5741 CIVIL TERM PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER 28. Denied as a conclusion of law. 29. Denied as a conclusion of law. By way of further response, it is denied that Plaintiff's damages have been paid in full as of this date. 30(a -i) Denied as a conclusion of law. 31. Denied as a conclusion of law. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $21,400.00, plus costs of suit and interest. Date: MARTSON LAW OFFICES B : C4 4--5 rt Y Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. Number 307746 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff This is a debt collecting firm attempting to collect a debt for Cumberland Valley Chiropractic and Wellness. Any information obtained will be used for that purpose. CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Response to New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Date: Andrew C. Spears, Esquire HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road, Suite 2 Harrisburg, PA 17110 L3 -//6//i MARTSON LAW OFFICES M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cumberland Valley Chiropractic and Wellness Plaintiff VS Patricia Hollinger RULE 1312-1 following form: . NO. 2013 — 5741 CtV TEM rn� r 'i cf.) r- 7-> W Defendant CD 77 • The Petition for Appointment of Arbitrators shall be substantially in -The s -- THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: C) � 1-21.so Pd r R.4 -367/r3 Christopher E. Rice, Esquire , counsel for the plaintifDckWikighl in the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 21,400.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Andrew J. Spears, Esquire, Handler, Henning & Rosenberg, LLP, 1300 Linglestown Road, Harrisburg, PA 17110 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 1.eslo.cctfully submitted, MAR50N LA OFFICES By: 4 5�- Christopher E. Rice, Esquire ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, KEVIN A. HESS, P.J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cumberland Valley Chiropractic and Wellness Plaintiff VS Patricia Hollinger RULE 1312-1 following form: NO. 2013 — 5741 CIV nJr- s= (/3 C.": t - y _ Defendant y [ : - • p' G. _ The Petition for Appointment of Arbitrators shall be substantially ince .r = THE PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: 1-2$.so pA4 t -t* 241r 00-071r3 Christopher E. Rice, Esquire , counsel for the plaintifalgigiria in the above action (or actions), respectfully represents that: 1. The above -captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 21,400.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Andrew J. Spears, Esquire, Handler, Henning & Rosenberg, LLP, 1300 Linglestown Road, Harrisburg, PA 17110 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MAR"SON LA OFFICES By: 4 5 /1 -- Christopher Christopher E. Rice, Esquire ORDER OF COURT AND NOW, / 3 , 20/4f , in consideration of the foregoing petition, 1/, 1. / i, Esq., and .7/4.6b_4_00 Esq., and ±✓ � , Esq., are appointed arbitrators in th`e above B theC rt captioned action (or actions) as prayed for. c* . z/� 4 eat.ee, ie.s ivuz.Ye1 "Me/ y ou , KEVIN A. HE,50, P.J. CUMBERLAND VALLEY CHIROPRACTIC AND WELLNESS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 13-5741 CIVIL PATRICIA HILLINGER, Defendant ORDER AND NOW, this / S day of December, 2014, the appointment of a Board of Arbitrators in the above -captioned case is VACATED. Marlin McCaleb, Esquire, Chairman, shall be paid the sum of $50.00. .—Marlin McCaleb, Esquire Court Administrator -delwei' :rim 1 //s -/)i, BY THE COURT, F:\FILES\Clients\12701 Diller\12701.5 Hollinger\ 12701.5.pra.wpd Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307746 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs t DEC 3 Q PM 3: ,,. `,IJIIB .f\L6,t\U . PENNSYLVANIA CUMBERLAND VALLEY CHIROPRACTIC AND WELLNESS, Plaintiff v. PATRICIA HOLLINGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013 - 5741 CIVIL TERM PRAECIPE To the Prothonotary: Please mark the above -captioned action settled and discontinued. MARTSON LAW OFFICES By: C_ L �-- Christopher E. Rice, Esquire I.D. No. 90916 Aaron S. Haynes, Esquire I.D. No. 307746 10 East High Street Carlisle, PA 17013 (717) 243-3341 This is a debt collecting firm attempting to collect a debt for Cumberland Valley Chiropractic and Wellness. Any information obtained will be used for that purpose.