HomeMy WebLinkAbout02-2764STEVENS & LEE
By: Kenneth D. Kleinman
I.D. No.: 31770
One Glenhardie Corporate Center
1275 Drummers Lane
P.O. Box 236
Wayne, PA 19087-0236
Telephone: (610) 293-4968
Affiliated Community Medical Centers, P.A.
Plaintiff
V.
John T. Irwin
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
Pursuant to 42 Pa.C.S.A. §4305 and Pennsylvania Rule of Civil Procedure 3002, kindly
enter judgment in favor of the plaintiff, Affiliated Community Medical Centers, P.A., and against
the defendant, John T. Irwin, in the amount of $84,131.16 in accordance with the attached
certified copy of all docket entries and the certification of the amount of the judgment of docket
number 01-5617 of the United States District Court for the Eastern District of Pennsylvania, and
index said judgment against the defendant.
Dated: ~/~ 2002
STEVENS & LEE
By:
Kenneth D. Kleinman
Attorneys For Plaintiff' Affiliated Community
Medical Centers, P.A.
SL1 267205vl/32559.001
IN THE UNITED STATES DISTRICT COURT
FORI~E~ EASTERN DISTRICT OF rSYLVANiA
Affiliated Commu~ity : CIV~ ACTION
Medical Centers, P.A.
?iLED
:
John T. Irwin ~ : No. 01-5617
[,~~KUNZ, Clerk
Bl'~clerk
AND NOW, th~ llth ~ay of February, ~D02, upon entry of
default (#8),JU~4ENT. IS ENTERED for pl~htiff Affiliated
Community Medical ~enters, P.A., and against defendant John T.
Irwin, M.D., in the amount of $84,131w16.
Norma L. Shapiro S.J.
TRUE COPY C~11FI£D' FROM THE.RECORD
DATED: ..
ATTEST:
~TF..RN [ STRICT OF P£NNSYLVANI~
f-STND CLOSED
U.S. District Court
U.S. District Court of Eastern Pennsylvania (Philadelphia)
CIVIL DOCKET FOR CASE #: 01-CV-5617
AFFILIATED COMMUNITY v. IRWIN
Assigned to: JUDGE NORMAL. SHAPIRO
Demand: $0,000
Lead Docket: None
Dkt# in other court: None
Filed: 11/07/01
Nature of Suit: 190
Jurisdiction: Diversity
Cause: 28:1332 Diversity-Breach of Contract
AFFILIATED COMMUNITY MEDICAL
CENTERS, P.A.
PLAINTIFF
BRIAN P. CROWNER
[COR LD NTC]
STEVENS & LEE
ONE GLENHARDIE CORPORATE CENTER,
SUITE 202
1275 DRUMMERS LANE, P.O. BOX
236
WAYNE, PA 19087-0236
USA
TEL 610-964-1480
JOHN T. IRWIN, M.D.
DEFENDANT
Docket as of April 25, 2002 4:04 pm Page 1
P~oceedings include all events.
2:01cv5617 AFFILIATED COMMUNITY v. IRWIN
ii/7/Oi
ii/7/Oi --
ii/7/Oi --
ll/7/Oi --
ii/9/Oi 2
ii/20/O1 3
ii/26/0i 4
12/3/01 5
12/26/01 6
1/3/02 7
1/3/02
1/3/02 --
1/9/02 8
2/4/o2 9
2/14/02 10
f-STND
CLOSED
Complaint. filing fee $ 150 receipt # 775496 (ss)
[Entry date 11/07/01]
Summons(es) issued, One original Forwarded to: counsel
11/7/01 (ss) [Entry date 11/07/01]
Standard Case Management Track. (ss) [Entry date 11/07/01]i
Case is eligible for arbitration. (ss) [Entry date 11/07/~1]
ORDER THAT A HEARING ON A RULE TO SHOW CAUSE WHY THIS CAS~
SHOULD NOT BE DISMISSED FOR LACK OF JURISDICTION WILL BE
HELD ON 11/16/01 AT 10:00 ( SIGNED BY JUDGE NORMAL.
SHAPIRO ) 11/9/01 ENTERED AND COPIES MAILED. (jl)
[Entry date 11/09/01]
ORDER THAT THE RULE TO SHOW CAUSE IS VACATED, PLAINTIFF
SHALL FILE AN AMENDED COMPLAINT ON OR BEFORE 11/30/01,
ETC. ( SIGNED BY JUDGE NORMAL. SHAPIRO ) 11/21/01 ENTERE£
AND COPIES MAILED (il) [Entry date 11/21/01]
Amended complaint by PLAINTIFF AFFILIATED COMMUNITY ,
amending [1-1] complaint , Certificate of Service. (jl)
[Entry date 11/26/01]
Affidavit of: TOM FREDERICKS re: served summons and
complaint upon DEFENDANT JOHN T. IRWIN . Served by:
personal service on 11/16/01 (ke) [Entry date 12/03/01]
Affidavit of Brian P. Crowner, Esquire, Certificate of
Service. (jl) [Entry date 12/27/01]
Request for an entry of judgment by default by PLAINTIFF
AFFILIATED COMMUNITY as to DEFENDANT JOHN T. IRWIN,
certificate of service. (jl) [Entry date 01/03/02]
Default by DEFENDANT JOHN T IRWIN for failure to appear,
plead or otherwise defend, ijl) [Entry date 01/04/02]
DEFAULT ENTERED. (jl) [Entry date 01/04/02]
ORDER THAT PLAINTIFF'S MOTION FOR AN ENTRY OF JUDGMENT BY
DEFAULT IS GRANTED IN PART. DEFAULT IS ENTERED AGAINST JO~
T. IRWIN, TO ENABLE THE COURT TO ENTER JUDGMENT, A HEARIN~
TO ASSESS DAMAGES UNDER F.R.C.P. 55 (b) (2) WILL BE HELD
2/7/02 AT 9:30 IN COURTROOM 10-A ( SIGNED BY JUDGE NORMA
L. SHAPIRO ) 1/10/02 ENTERED AND COPIES MAILED . (jl)
[Entry date 01/10/02]
Affidavit of TERRY R. TONE (jl) [Entry date 02/05/02]
ORDER THAT JUDGMENT IS ENTERED for AFFILIATED COMMUNITY
against JOHN T. IRWIN for $84,131.16. 2/15/02 ENTERED AND
COPIES MAILED ( SIGNED BY JUDGE L. SHAPIRO ) (jl)
Docket as of April 25, 2002 4:04 pm
Page 2
Proceedings include all events.
2:01cv5617 AFFILIATED COMMUNITY v. IRWIN
[Entry date 02/15/02]
2/14/02 --
Case closed (ky) [Entry date 02/15/02]
CLOSED
f-STND
Docket as of April 25, 2002 4:04 pm Page 3
STEVENS & LEE
By: Kenneth D. Kleinman
I.D. No.: 31770
One Glenhardie Corporate Center
1275 Drummers Lane
P.O. Box 236
Wayne, PA 19087-0236
Telephone: (610) 293-4968
Affiliated Community Medical Centers, P.A. ·
John T. Irwin
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO.
CERTIFICATION OF ADDRESSES
The undersigned hereby certifies that he is counsel for the plaintiff in the above captioned
matter and that he is authorized to make this certification on plaintiffs behalf and that the last
known address of the defendant is 1619 Makefield Road, Yardley, Pennsylvania 19067 and that
the last known address of the plaintiff is 101 Willmar Avenue SW, Willmar, Minnesota 56201.
Dated: ~/3 , 2002
STEVENS & LEE
By:
Kenneth D. Kleinman
Attorneys For Plaintiff Affiliated Community
Medical Centers, P.A.
SLI 267205vi/32559.001
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CHESTER
SS.
Kenneth D. Kleinman, being duly sworn according to law, deposes and says that
he is counsel for plaintiff, Affiliated Community Medical Centers, P.A. ("Plaintiff"). Deponent
further avers that the last known address of the defendant, John T. Irwin ("Defendant") is 1619
Makefield Road, Yardley, Pennsylvania 19067, and that the Defendant is over 21 years of age.
Deponent further avers that the present occupation of the Defendant is a medical
doctor, and that Defendant is not believed to be a member of the armed forces of the United
States, and is not in any manner under the jurisdiction of the Soldiers' and Sailors' Civil Relief
Act of 1940 and/or its amendments./_,~ a>~ ~~~/(/~'79~;f~~_
: Kenneth D. Kleinman
Swor~ ~2 and subscribed before me this ~/¢~' day of ?~--,
Notary Public /d/
NOTARIAL SEAL
j VAt. ERIE J. ECKERT, Notary Public
Wayne, Chester Counly
I My Commission Expire~ March 5, 2005
2002.
SL1 267215vl/32559.001
-<2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
(Rule of Civil Procedure No. 236) - Rcviscc[
To: John T. Irw/n
1619 Makefield Road
Yardley, PA 19067
Affiliated Community Medical Centers, P.A. ·
Plaintiff ·
John T. Irwin
Defendant
COURT OF COMMON PLEAS
(Cumberland County)
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
CURT LONG
Prothonotary
{2 Judgment by Default
[] Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
If you have any questions concerning this notice, please call:
Attorney Kenneth D. Kleinman, Esquire
[/nsert Attorney's Name)
at this telephone number: (610) 293-4968
10-232
[Editor's note: This form reproduced for information only. Counsel must use original form from the prothonotary.]
SL1 267205vl/32559.001
Commonwealth of Pennsylvani
COUNTY OF CUMBERLAND
AFFILIATED COMMUNITY MEDICAL CEN IERS, P.A.
101 Willmar Avenue SW
Willmar, MN 56201,
JOHN T. IRWIN
1619 Makefield Road
Yardley, PA 19067,
and
PENNSYLVANIA BLUE SHIELD
1800 Center Street
Camp Hill, PA 17089
Plaintiff
Defendant
HIGHMARK, INC.
1800 Center Street
Camp Hill, PA 17089
SL1 270877vl/32559.001
COURT OF COMMON
NO. 02-2764
Garnishees
(applicable to real estate and personal propert~
PRAECIPE FOR WRIT OF EXECUTION
TO THE PROTHONOTARY:
Issue writ of execution in the above matter,
directed to the Sheriff of Cumberland County;
(1) against John T. Irwin
1619 Makefield Road
Yardley, PA 19067
?LEAS
(2) against
PeImsylvania Blue Shield
1800 Center Street
Camp Hill, PA 17089
(3)
Highmark, It
1800 Center ]treet
Camp Hill, A 17089
$
$180.00
AMOUNT DUE
INTEREST
from 6/7/02 at 6% per annum ($7.20 per diem) until the
amount due is paid in full
co tstobead e , & zcc
Attorney(s) for Plaintiff(s)
Kenneth D. Kleinman
defendant(s) and
garnishee(s)
$43,189.36
(applicable to real estate only)
Rule 3104(a)
TO THE PROTHONOTARY:
(4) Issue this writ against
Attorney(s) fo
(applicable to real estate only)
Rule 3104(a)
TO THE PROTHONOTARY:
(5) Issue this writ against
as a lis pendens against real property of the defendant(s) in name of gar
(Specifically describe property.) ~t~57~¢
Attorney(s)
SL1 270877vl/32559.001
defendant(s) and
Plaintiff(s)
as garnishee(s)
ishee(s) as follows.
· Plaintiff(s)
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 02-T
COUNTY OF CUMBERLAND) C]
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AFFILIATED COMMUNITY
P.A., Plaintiff (s)
From JOHN T. IRWIN, 1619 MAKEFIELD ROAD, YARDLEY, PA 1906
(1) You are directed to levy upon the property of the defendant (s)and to sell .
(2) You are also directed to attach the property of the defendant(s) not levied up
of PENNSYLVANIA BLUE SHIELD, 1800 CENTER STREET, CAMP HIL
HIGHMARK, INC., 1800 CENTER STREET, CAMP HILL, PA 17089
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the gain
paying any debt to or for the account of the defendant (s) and from delivering any
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is fm
of anyone other than a named garnishee, you are directed to notify him/her that h~
garnishee and is enjoined as above stated.
Amount Due $43,189.36 L.L. $.50
Interest FROM 6/7/02 AT 6% PER ANNUM ($7.20 PER DIEM) UNTIL TH
PAID IN FULL
Atty's Comm % Due Prothy $1.00
Atty Paid $32.50 Other Costs
Plaintiff Paid
Date: JUNE 21, 2002
(Seal)
CURTIS R. LONG
~ ~ ~Pr°th°n°5'rY?
Deput)
REQUESTING PARTY:
Name KENNETH D. KLEINMAN, ESQUIRE
Address: STEVENS & LEE
ONE GLENI-IARDIE CORPORATE CENTER
1275 DRUMMERS LANE
P.O.BOX 236
WAYNE, PA 19087-02346
Attorney for: PLAINTIFF
Telephone: 610-293-4968
Supreme Court ID No. 31770
~64 Civil
VIL ACTION - LAW
VIEDICAL CENTERS,
~ in the possession
L, PA 17089 AND
shee(s) is enjoined from
property of the defendant
ad in the possession
tshe has been added as a
AMOUNT DUE IS
SHERIFF'S RETURN -
CASE NO: 2002-02764 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
GARNISHEE
AFFILATED COMMUNITY MEDICAL
VS
IRWIN JOHN T
And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:00 Hours, on the 26th day of June , 2002, attached
as herein commanded all goods, chattels, rights,
moneys of the within named DEFENDANT ,
IRWIN JOHN T
debts, credits, and
, in the
hands, possession, or control of the within named Garnishee
PENNSYLVANIA BLUE SHIELD 1800 CENTER STREET
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
SALLY MCCOY (PARALEGAL) ,
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
So an s~ r~. ~-~
R. Thomas Kline
Sheriff of Cumberland County
oo/oo/oooo
Sworn and subscribed to before me
this ~ day of~ ~/~.z- A.D.
P~othonot ary
DepUty 'S~rif f
SHERIFF'S RETURN
CASE NO: 2002-02764 P
COMMONWEALTH OF PENNSLYVANIA
COUNTY OF CUMBERLAND
- GARNISHEE
AFFILATED COMMUNITY MEDICAL
VS
IRWIN JOHN T
And now GERALD WORTHINGTON ,Sheriff or Deputy Sheriff of
Cumberland County of Pennsylvania, who being duly sworn according
to law, at 0011:00 Hours, on the 26th day of June , 2002, attached
as herein commanded all goods, chattels, rights, debts, credits, and
moneys of the within named DEFENDANT ,
IRWIN JOHN T , in the
hands, possession, or control of the within named Garnishee
HIGHMARK INC 1800 CENTER STREET
CAMP HILL, PA 17011
Cumberland County, Pennsylvania, by handing to
SALLY MCCOY (PARALEGAL) '
personally three copies of interogatories together with 3 true
and attested copies of the within WRIT OF EXECUTION and made
the contents there of known to Her .
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00
R. Thomas Kline
Sheriff of Cumberland County
00/00/0000
Sworn and subscribed to before me
this ~- day o~ ~omD_ A.D.
ps'or;honor ary
Deputy St~r i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
AFFILIATED COMMUNITY MEDICAL
CENTERS, P.A.,
Plaintiff
No: 02-2764
Ye
JOHN T. IRWIN,
Defendants
ANSWERS TO
INTERROGATORIES
IN AID OF ATTACHMENT
PENNSYLVANIA BLUE SHIELD, and
HIGHMARK INC.,
Garnishees
Answers to Interrogatories
Directed to Garnishee
Filed on behalf off
HIGHMARK INC., Garnishee
Counsel of Record for this party:
Edward Papst, Esquire
Pa. I.D. 62967
Fifth Avenue Place, Suite 2180
120 Fifth Avenue
Pittsburgh, PA 15222-3099
(412) 544-7213
STEVENS & LEE
BY: Kenneth D. Kleinman, Esquire
IDENTIFICATION NO.: 31770
One Glenhardie Corporate Center
1275 Drummers Lane
P.O. Box 236
Wayne, PA 19087-0236
(610) 293-4968
AFFiLIATED COMMUNITY MEDICAL
CENTERS, P.A.,
Plaintiff
Attorney for Plaintiff, Affiliated Community
Medical Centers, P.A.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
JOHN T. IRWIN,
NO. 02-2764
Defendant
and
PENNSYLVANIA BLUE SHIELD, and
HIGHMARK, INC.
Garnishees
INTERROGATORIES IN AID OF ATTACHMENT
TO:
Highmark, Inc.
1800 Center Street
Camp Hill, PA 17089
You are required to file answers to the following interrogatories within
twenty (20) days after service upon you. Failure to do so may result in judgment against you.
1. At the time you were served or at any subsequent time did you owe the
defendant(s) any money or were you liable to defendant(s) on any negotiable or other written
instrument, or did defendant(s) claim that you owed defendant(s) any money or were liable to
defendant(s) for any reason and, if so, state how much money you owe the defendant(s) and the
basis of such liability? No. Defendant's coverage with Highmark Inc. d/b/a
Pennsylvania Blue Shield canceled January 15, 2000.
SL1 270877vl/32559.001
2. At the time you were served or at any subsequent time was there in your
possession, custody or control or in the joint possession, custody or control of yourself and one
or more persons any property of any nature owned solely or in part by the defendant(s) and, if so,
identify such property and state its value and location?
3. At the time you were served or at any subsequent time did you hold legal
title to any property of any nature owned solely or in part by the defendant(s) or in which
defendant(s) held or claimed any interest and, if so, identify such property and your legal title to
or interest in it and state such properties value and location? No.
4. At the time you were served or at any subsequent time did you hold as a
fiduciary any property in which the defendant(s) had any interest and, if so, identify such
property, state its value and location, and state the nature of your fiduciary interest in it?
NO.
5. At any time before or after you were served did the defendant(s) transfer
or deliver any property to you or to any person or place pursuant to your direction or consent
and, if so, identify such property, state the date it was delivered to you, state what, if any,
consideration was paid in exchange for the transfer of such property and state the location of
such property? No.
6. At any time after you were served did you pay, transfer or deliver any
money or property to the defendant(s) or to any person or place pursuant to defendant(s)
direction or otherwise discharge any claim of the defendant(s) against you and, if so, identify
what money or property was paid, transferred or delivered to the defendant(s), state when such
payment, transfer or delivery occurred and state the amount of money or value of the property
that was transferred or delivered to the defendant(s)? No.
SL1 270877vl/32559.001
7. At any time before or after you were served did the defendant(s) have any
savings accounts, checking accounts, certificates of deposit or safety deposit boxes which you
were holding? If so, please identify the title and number of the account and the amount of any
balance?
NO.
Dated:
Stevens & Lee
Kenneth D. Kleinman
Attorney for Plaintiff
One Glenhardie Corporate Center
1275 Drummers Lane
P.O. Box 236
Wayne, PA 19087-0236
(610) 293-4968
H IG~4ARK INC.
Edward Papst
Attorney for Garnishee
Fifth Avenue Place, Suite 2180
120 Fifth Avenue
Pittsburgh, PA 15222
(412) 544-7213
PA ID~ 62967
SL1 270877vl/32559.001
VERIFICATION
I, Edward Papst, Assistant Counsel of Highrnark Inc. d/b/a Pennsylvania Blue
Shield, verify that the statements made herein are true and correct to the best of my
knowledge, infom~ation and belief and are made subject to the penalties of 18 Pa.C.S.A.
Section 4904 relating to unswom falsification to authorities.
Date: July 5, 2002
Edward Papst, Esquire
Assistant Counsel
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Answers to
Interrogatories in Aid of Attachment were mailed by US Mail 1 st class, post~ge prepaid
this 5th day of July, 2002 to the following:
Kenneth D. Kleinman, Esquire
One Glenhardie Corporate Center
1275 Drummers Lane
P.O. Box 236
Wayne, PA 19087-0236
Edward Papst, Esquire
Pa. I.D. 62967
Highmark Inc. d/b/a
Pennsylvania Blue Shield
120 Fifth Avenue Place, Suite 2180
Pittsburgh, PA 15222-3099
(412) 544-7213
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
AFFILIATED COMMUNITY MEDICAL
CENTERS, P.A.,
Plaintiff
No: 02-2764
JOHN T. IRWIN,
Defendants
ANSWERS TO
INTERROGATORIES
IN AID OF ATTACHMENT
Ye
PENNSYLVANIA BLUE SHIELD, and
mGHMARK INC.,
Garnishees
Answers to Interrogatories
Directed to Garnishee
Filed on behalf oE
PENNSYLVANIA BLUE
SHIELD, Garnishee
Counsel of Record for this party:
Edward Papst, Esquire
Pa. I.D. 62967
Fifth Avenue Place, Suite 2180
120 Fifth Avenue
Pittsburgh, PA 15222-3099
(412) 544-7213
STEVENS & LEE
BY: Kenneth D. Kleinman, Esquire
IDENTIFICATION NO.: 31770
One Glenhardie Corporate Center
1275 Drummers Lane
P.O. Box 236
Wayne, PA 19087-0236
(610) 293-4968
AP'FILIATED COMMUNITY MEDICAL
CENTERS, P.A.,
Plaintiff
JOHN T. IRWIN,
Defendant
Attorney for Plaintiff, Affiliated Community
Medical Centers, P.A.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 02-2764
and
PENNSYLVANIA BLUE SHIELD, and
HIGH/VIARK, INC.
Garnishees
ANSWB~S ~
INTERROGATORIES IN AID OF ATTACHMENT
TO:
Pennsylvania Blue Shield
1800 Center Street
Camp Hill, PA 17089
You are required to file answers to the following interrogatories within
twenty (20) days after service upon you. Failure to do so may result in judgment against you.
1. At the time you were served or at any subsequent time did you owe the
defendant(s) any money or were you liable to defendant(s) on any negotiable or other written
instrument, or did defendant(s) claim that you owed defendant(s) any money or were liable to
defendant(s) for any reason and, if so, state how much money you owe the defendant(s) and the
basis of such liability? No. Defendant's coverage with Highmark Inc. d/b/a
Pennsylvania Blue Shield canceled January 15, 2000.
SL1 270877vl/32559.001
2. At the time you were served or at any subsequent time was there in your
possession, custody or control or in the joint possession, custody or control of yourself and one
or more persons any property of any nature owned solely or in part by the defendant(s) and, if so,
identify such property and state its value and location? Bio.
3. At the time you were served or at any subsequent time did you hold legal
title to any property of any nature owned solely or in part by the defendant(s) or in which
defendant(s) held or claimed any interest and, if so, identify such property and your legal title to
or interest in it and state such properties value and location?
NO.
4. At the time you were served or at any subsequent time did you hold as a
fiduciary any property in which the defendant(s) had any interest and, if so, identify such
property, state its value and location, and state the nature of your fiduciary interest in it?
BIO.
5. At any time before or after you were served did the defendant(s) transfer
or deliver any property to you or to any person or place pursuant to your direction or consent
and, if so, identify such property, state the date it was delivered to you, state what, if any,
consideration was paid in exchange for the transfer of such property and state the location of
such property? No.
6. At any time after you were served did you pay, transfer or deliver any
money or property to the defendant(s) or to any person or place pursuant to defendant(s)
direction or otherwise discharge any claim of the defendant(s) against you and, if so, identify
what money or property was paid, transferred or delivered to the defendant(s), state when such
payment, transfer or delivery occurred and state the amount of money or value of the property
that was transferred or delivered to the defendant(s)? No.
SL1 270877vl/32559.001
7. At any time before or after you were served did the defendant(s) have any
savings accounts, checking accounts, certificates of deposit or safety deposit boxes which you
were holding? If so, please identify the title and number of the account and the amount of any
balance?
BIO.
Dated:
Stevens & Le~g ~
Kenneth D. Kleinman
Attorney for Plaintiff
One Glenhardie Corporate Center
1275 Drummers Lane
P.O. Box 236
Wayne, PA 19087-0236
(610) 293-4968
P~qNSYLVANIA BLUE SHIELD
Edward Papst
Attorney for Garnishee
Fifth Avenue Place, Suite 2180
120 Fifth Avenue
Pittsburgh, PA 15222
(412) 544-7213
PA ID~ 62967
SL1 270877vl/32559.001
VERIFICATION
I, Edward Papst, Assistant Counsel of Highmark Inc. d/b/a Pennsylvania Blue
Shield, verify that the statements made herein are true and correct to the best of my
knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S.A.
Section 4904 relating to unswom falsification to authorities.
Date: July 5, 2002
Edward Papst, Esquire
Assistant Counsel
CERTIFICATE OF SERVICF~
I hereby certify that a true and correct copy of the foregoing Answers to
Interrogatories in Aid of Attachment were mailed by US Mail st
this 5th day of Juiy, 2002 to the following: 1 class, postage prepaid
Kenneth D. Kleinman, Esquire
One Glenhardie Corporate Center
1275 Drummers Lane
P.O. Box 236
Wayne, PA 19087-0236
Edward Papst, Esquire
Pa. I.D. 62967
Highmark Inc. d/b/a
Pennsylvania Blue Shield
120 Fifth Avenue Place, Suite 2180
Pittsburgh, PA 15222-3099
(412) 544-7213
STEVENS & LEE
BY: KENNETH D. KLEINMAN
IDENTIFICATION NO. 31770
ONE GLENHARDIE CORPORATE CENTER
1275 DRUMMERS LANE
P.O. BOX 236
WAYNE, PA 19087-0236
(610) 293-4968
AFFILIATED COMMUNITY MEDICAL
CENTERS, P.A.
JOHN T. IRWIN,
and
Plaintiff,
Defendant,
PENNSYLVANIA BLUE SHIELD, and
HIGHMARK, INC.
Garnishees
ATTORNEYS FOR PLAINTIFF,
Affiliated Community Medical
Centers, P.A.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL ACTION
NO. 02-2764
PRAECIPE TO DISSOLVE ATTACHMENT AS TO GARNISHEES
PENNSYLVANIA BLUE SHIEI,D, AND HIGHMARK~ INC.
TO THE PROTHONOTARY:
Please dissolve the attachment issued in the above-captioned matter as to garnishees
Pennsylvania Blue Shield, and Highmark, Inc.
Date: July q , 2002
STEVENS j~L ~EE .,~
Kenneth D. Kleinman, Esquire
Attorneys for Affiliated Community
Medical Centers, P.A.
SL1 276292vl/32559.001
CERTIFICATE OF SERVICE
I, Kyle D. Gibson, hereby certify that I am a paralegal with the law firm of Stevens &
Lee, and that on the date set forth below I caused to be served a tree and correct copy of the
foregoing Praecipe to Dissolve Attachment as to Garnishees Pennsylvania Blue Shield, and
Highmark, Inc. upon the following by first-class U.S. mail, postage prepaid, addressed as
follows:
John T. Irwin
1619 Makefield Road
Yardley, PA 19067
Edward Papst, Esquire
Fifth Avenue Place, Suite 2180
120 Fifth Avenue
Pittsburgh, PA 15222-3099
Dated: July lo ,2002
Kyle D./~iibson
SL1 276292vl/32559.001
STEVENS & LEE
BY: KENNETH D. KLEINMAN
IDENTIFICATION NO. 31770
ONE GLENHARDIE CORPORATE CENTER
1275 DRUMMERS LANE
P.O. BOX 236
WAYNE, PA 19087-0236
(610) 293-4968
ATTORNEYS FOR PLAINTIFF,
Affiliated Community Medical
Centers, P.A.
AFFILIATED COMMUNITY MEDICAL
CENTERS, P.A.,
JOHN T. IRWIN,
Plaintiff,
Defendant,
and
PENNSYLVANIA BLUE SHIELD and
HIGHMARK, INC.,
Garnishees
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL ACTION
NO. 02-2764
PRAECIPE FOR SATISFACTION OF JUDGMENT AS TO
DEFENDANT JOHN T. IRWIN, AND TO MARK CASE
SETTLED DISCONTINUED AND ENDED
TO THEPROTHONOTARY:
Please mark the judgment entered on or about June 6, 2002 in the amount of $84,131.16
satisfied of record as to defendant John T. Irwin, and mark the case settled discontinued and
ended upon payment of your costs only.
Date: August ~, 2002
STEVENS & LEE
Kenneth D. Kleinman, Esquire
Attorneys for Affiliated Community
Medical Centers, P.A.
SLI 283076vl/32559.001
CE.~RT/FICATE OF SERVICE
I, Kyle D. Gibson, hereby certify that I am a paralegal with the law firm of Stevens &
Lee, and that on the date set forth below I caused to be served a true and correct copy of the
foregoing Praecipe for Satisfaction of Judgment as to Defendant John T. Irwin, and to Mark Case
Settled, Discontinued and Ended upon the following by first-class U.S. mail, postage prepaid,
addressed as follows:
John T. Irwin
1619 Makefield Road
Yardley, PA 19067
Gregory C. McCarthy, Esquire
99 E. Court Street
Doylestown, PA 18901
Dated: August ~ ~3 , 2002
SLI283076vl/32559.001
:3'
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 2.35
Advertising
Law Library .50
Prothonotary 1.00
Mileage 10.35
Misc.
Surcharge 30.00
Levy 40.00
Post Pone Sale
Garnishee 18.00
120.20
Advance Costs:
Sheriff's Costs:
Refunded to Atty on
150.00
120.20
29.80
3/25/03
Sworn and Subscribed to before me
this j"& day of
2003 A.D.C'~L~z,,.~
P~'o(honotary
So Answers;
R. Thomas Kline, Sheriff
By..'. fr~_i~J_,,,.., ·