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Home My WebLink About01-5415ANDERSON ASSOCIATES ADVERTISING, INC., Plaintiff V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - ~-/'/I ~' CIVIL ACTION HEALTH RISK MANAGEMENT, INC. : and OAK TREE HEALTH PLAN, INC., : Defendants : NOTICE TO PLEAD 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 (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 hy 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 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 ANDERSON ASSOCIATES ADVERTISING, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 01 -c~'z//~' CIVIL ACTION HEALTH RISK MANAGEMENT, INC. : and OAKTREE HEALTH PLAN, INC., : Defendants : COMPLAINT Plaintiff, Anderson Associates Advertising, Inc., by its attorney, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Anderson Associates Advertising, Inc., is a Pennsylvania business corporation doing business at 401 East Louther Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant Health Risk Management, Inc. (HRM) is a business corporation registered to do business in the Commonwealth of Pennsylvania at Sixth and Walnut Streets, Suite 900, Curtis Center, Philadelphia, Philadelphia County, Pennsylvania 19106. 3 Defendant OakTree Health Plan, Inc. (OakTree) is a business corporation registered to do business in the Commonwealth of Pennsylvania at Sixth and Walnut Streets, Suite 900, Curtis Center, Philadelphia, Philadelphia County, Pennsylvania 19106. 4 On or about April 20, 2000, Defendant HRM employed Plaintiff to serve as an advertising agency agent for Defendant HRM, Defendant OakTree, and Defendant HRM d/b/a HealthMATE. 5 Since April 2000, Plaintiff has performed advertising services on behalf of Defendant HRM and Defendant OakTree and has diligently carried out the advertising and marketing programs for these associated entities subject to the directions and approval of agents for both Defendants, said services performed by Plaintiff in Cumberland County, Pennsylvania. 6 With respect to the advertising services Plaintiff performed on behalf of both Defendants, Plaintiff maintained books of account, keeping an accurate and running account of all debits and credits relating to the advertising services performed for the Defendants. 7 Since April 2000, Plaintiff has periodically submitted invoices to Defendants with respect to the account Defendants maintained with Plaintiff, and Defendants have in the past made timely payments to Plaintiff on said account. 8 As of July 31, 2001, Plaintiff has submitted to Defendants a written account accurately showing the current balance on Defendants' account. A true and correct copy of this written account is attached hereto and marked Exhibit "A" and shows a balance owing of $53,560.52. 9 Through various conversations agents of Plaintiff have had with agents of Defendants, Defendants have agreed with the Plaintiff that the sum of $53,560.52 was owing on said account as of July 31, 2001. 10 Although Plaintiff has made appropriate demand to Defendants, Defendants have failed to pay all or any part of the monies owed. 11 As of August 31, 2001 additional interest has accrued on Defendants account at an interest rate of 1.5% per month, with the balance owing on Defendants' account as of August 31, 2001 being $54,368.88. 12 Both Defendants are related corporate entities, with Defendant HRM doing business in the Commonwealth of Pennsylvania under the trade name of Oak Tree and alternately under the trade name of HealthMATE. WHEREFORE, Plaintiff Anderson Associates, Inc. demands judgment against Defendant Health Risk Management, lnc. and Defendant Oak Tree Health Plan, Inc. in the amount of $54,368.88 plus interest at 1.5% monthly from August 31, 2001 plus costs of these proceedings. Respectfully submitted, 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 8/2/01 at 12:29:40.07 ANDERSON ASSOCIATES ADVERTISING, INC. Page: 1 Aged Receivables As of Aug 31, 2001 Filter Criteria includes: 1) IDs from OAK TREE HEALTH PLAN to OAK TREE HEALTH PLAN. Report order is by ID. Report is printed in Detail Format. Customer ID Customer Contact Telephone 1 Invoice No 0.30 31 - 60 61 - 90 Over 90 days Amount Due OAK TREE HEALTH PLAN 402 OAK TREE HEALTH PLAN 501 ROBIN SAMET 601-01 701 OAK TREE HEALTH PLAN OAK TREE HEALTH PLAN 706.66 7,184.19 29,258.28 29,258.28 706.66 706.66 7,184.19 45,669.67 53,560.52 Report Tolal 706.66 7,184.19 45,669.67 53,560.52 EXHIBIT I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. Steven C. Anderson, President Anderson Associates Advertising, Inc. SHERIFF'S RETURN CASE NO: 2001-05415 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON ASSOCIATES ADVERTISIN VS HEALTH RISK MANAGEMENT - OUT OF COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: HEALTH RISK MANAGEMENT INC , Sheriff or Deputy Sheriff who being search and but was unable to locate Them in his bailiwick. deputized the sheriff of PHILADELPHIA County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 6th , 2001 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Philadelphia 116.00 .00 153,00 11/06/2001 BROUJOS & GILROY So answer · Sheriff of Cumberland County Sworn and subscribed to before me this ~f-~f~ day of ~ A.D. Prothonot ~r!/ SHERIFF'S RETURN CASE NO: 2001-05415 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON ASSOCIATES ADVERTISIN VS HEALTH RISK MANAGEMENT - OUT OF COL~TY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: OAKTREE HEALTH PLAN INC Sheriff or Deputy Sheriff who being search and but was unable to locate Them in his bailiwick. deputized the sheriff of PHILADELPHIA County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 6th , 2001 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 11/06/2001 BROUJOS & GILROY R.~ Thomas Kline i ~ ~ ~ Sheriff of Cumberland County Sworn and subscribed to before me this /~ day of~,~-~ A.D. Prothonotary ' ' In ThE Coui-t of Common Pleas of Cumberland County, PennsyLvania Anderson Associates Advertising, Inc. VS. Health Risk Management, Inc. et al SERVE: Oaktree Health Plan, Inc. N0. 01 5415 civil Now, September 18, '2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, ) 20 at o'clock __ M. served the within upon by handing to and made known to copy of the original So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this __ day of _, 20 COSTS SERVICE MILEAGE AFFIDAVIT SERVE: In The Court of Common Pleas of Cumberland County, Pennsylvania Anderson Associates A~vertising, Inc. VS. Health Risk Manag~nent, Inc. et al No. 01 5415 civil September 18, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now~ within Affidavit of Service ,20 ,at o'clock M. served the upon at by handing to a and made known to · copy of the original So ai1swers ~ the contents thereof. Sheriff of County, PA Sworn and subscribed before me this day of _, 20 COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'8 RETURN-NOT FOUND VERSUS COMMON PLEAS NO, COUNTY COURT defendant, within the County of Philadelphia, State of Pennsylvania, as of ,the above named JOHN/Et. GR. EEN, SHERIFF Deputy Sherif~ 12-225 (Rev, 12/87)