HomeMy WebLinkAbout95-03881
-:9
Q)
at
. '~
;J
~
'&
J
Q)
-
]~
I
,
/
/
E
F
j
-
co
()o
(Y)
IN '1'111': COUll'!' OF COmlON PLE^S
mUillUN..rJ COUNTY, PENNSYI.VMJlf,
CIVIL ^CTION - L^W
NO.
SEIDLE HEfIORI^L 1I0SPIT^L,
PL^INTH'['
V
EDW^IlD L. REED and
DEIlR^ D. REED,
DEI'END^NTS
COM P I, ^ I
N T
\
~--.
:: :. ',i r ~
"
'".; ; ,.1l
,'/.
'. ;
"
"
:'"
;,u.
.
;, t. _.__.___-_~_..__._
ARTHUR A. KUSIC
ATIORNEY AT LAW
4201 CfllJMS M'LL ROAD
1'.0, IlOX 67015
HAI""SIlUI<G. PlWISYI.V..lI,' 17106.7015
(717) 5405610
~
(, ,)0.
:~\ ~
." ,;
- ,
'. A
~'
,~
""'-.. '>.
, "-
K>'~ ~"
\ '~
\ "
\' ",
, ,
(
~
,
IV
n.
~. f......
~~ ~...
'\\ '\\.
~
~..J
\
'(,,;
.~
'~
'-J
".'
'""
SEIDLE MEMORIAL 1I0SPITAL,
IN THE COURT OF COMMON PLEAS
~ COUNTY PENNSYLVANIA
Plaintiff
V,
EDWARD L. REED and
DEBRA D. RB~~endantS
CIVIL ACTION - LAW
NO. tj{ - .3g'~ / CUu/~~
NOTICE
You have been sued in court, I f you W 1 sh to defend
against the claims set forth in the following pages, you must take
action within twenty (~O) days after this Complaint and Not1ce are
served. by entering a written appearance personally or by attorney
and filing in writ1ng with the court your defenses or obJectlons
to the claims set forth against you. You are warned that if you
fail to do so, the case may proceed without you and Judgment may
be entered against YOU by the court w1thout further notice for any
money claimed in the Compla1nt for any other cla1m or reI ief
reQuested by the Pl a i nt iff. 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 CAt,1 GET LEGAL
HELP,
Respectful iy sllbmn.ted:
LAWYER REFERRAL
Cumberlanel Co. Court Admin.
Fourth Floor
One Courthouse Square
Carlisle, PA 11013-3387
(111) 240-6200
~~::IC' ESQUIRE
4201 CrumiM111 Road
Post Off1ce Bo. 67015
Harn sb<olrg. PA q 112
(717) 540-5610
SUPREME COURT NO. 07207
ATTORNEy FOR PLAlllTIFF
Dated: '\I,j (1\
SEIDLE MEMORIAL HOSPITAL,
Plalnt1ff
IN THE COURT OF COMMON PLEAS
CcMBERUVDCOUNTY PENNSYLVANIA
V.
CIVIL ACTION - LAW
EDWARD L. REED and
DEBRA D. REED,
Defendants
NO,
NOTICIA
Le han demandado a usted en la corte, S1 usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted t 1 ene v 1 ente (20) di as de p 1 azo a 1 part i r presentar una
apar1enC1a escrlta 0 en persona 0 por abogado y archivar en la
corte en forma escrita sus defensas 0 sus objeciones alas demandas
en contra de su persona. Sea avisado que S1 usted no se defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previa aviso 0 notlflcaclon y por cualqu1er queja 0 alivio que es
pedldo ell la pe1.1C10n de demanda, Usted puede perder dinero 0 SUS
proP1edades 0 otros derechos lmportantes para usted,
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. 51 NO
TIEtJE ABOGADO 0 SI NO TIEtjE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE
CONSEGUIR ASISTENCIA LEGAL:
LAWYER REFERRAL
Cumberland Co. Court Admin.
Fourth Floor
One Courthouse Square
Carlisle. PA 11013-3381
(111) 240-6200
Respectfully subml~ted:
&;;~-
4201 Crums Mill Road
Post Office Box 67015
~arr'sbur9. PA 11112
(111) 540-5610
SuPREME COURT NO, 07207
ATTORNE~ FOR PLAINTIFF
Dated )ftuh"
-
.........-~~.~~4-
V.
I
I
I
I
I
I
I
I
IN THE COURT OF COMMON PLEAS
CUKBERLANDCOUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SEIDLE KEKORIAL HOSPITAL,
plaintiff
EDWARD L. REED and
DEBRA D. REED,
Defendants
NO.
c 0 M P L A I N T
AND NOW comes plaintiff by and through its attorney,
Arthur A. Kusic, Esquire, and respectfully represents the
following:
1. plaintiff, SEIDLE MEMORIAL HOSPITAL, is a hospital
facility organized and existing under the laws of the commonwealth
of
pennsylvania
located at Filbert &
Simpson
streets,
Mechanicsburg, Cumberland county, pennsylvania.
adult married individuals residing at 119 Yorkshire Drive,
Mechanicsburg, cumberland County, pennsylvania.
2. Defendants, EDWARD L. REED and DEBRA D. REED are
"
3. On or about september 16, 1993 and from time to time
through November 18, 1993, plaintiff, at the request of Defendant
Edward L. Reed, did provide health care services to said Defendant.
4. plaintiff in good faith provided the necessary
health care services to Defendant, Edward L. Reed, and thereafter
billed Defendants for those services and expenses incurred. As
evidence whereof, copies of the billing for services rendered to
'.',
~
the Defendant, Edward L. Reed are attached hereto, made a part
hereof and marked Exhibit "A".
5. Plaintiff's charges to the Defendants for services
rendered to Defendant, Edward L. Reed are its usual and customary
charges.
6. Plaintiff has made demands for payment of $1,439.00
upon Defendant, which demands remain unheeded.
7. Plaintiff avers that the amount due and owing does
not exceed the jurisdictional amount requiring arbiitration
referral by local rule.
COUNT I.
(Plaintiff v. Edward L. Reed)
(Quantum Meruit)
8. Plaintiff incorporates herein by reference thereto
the averments hereinabove set forth in paragraphs 1 through 6.
9. Plaintiff did render health care services
Defendant with reasonable expectation that payment for
services would be made by the party benefitted.
10. Should the Defendant not be required to pay for the
balance due for the services rendered, Defendant would be unjustly
enriched at Plaintiff's expense.
to
such
11. Plaintiff avers that the amount due and owing does
not exceed the jurisdictional amount requiring arbiitration
referral by local rule.
WHEREFORE, plaintiff prays your Honorable Court to enter
Judgment in its favor and against Defendant Edward L. Reed in the
amount of $1,439.00 along with interest at the rate of 6% per annum
and the costs of this proceeding.
COUNT II.
(Plaintiff v. Debra D. Reed)
(Doctrine of Necessaries)
12. Plaintiff incorporates herein by reference thereto
the averments hereinabove set forth in paragraphs 1 through 10.
13. Plaintiff believes and therefore avers that the
health care services rendered, upon request, to Defendant Edward
L. Reed, husband of Defendant Debra D. Reed, were necessary for his
benefit and welfare.
14. Plaintiff believes and therefore avers that pursuant
to the "doctrine of necessaries", Defendant Debra D. Reed, as
spouse of the recipient of health care services, is liable to
plaintiff for the balance due.
15. Should Defendant Debra D. Reed not be held liable
to Plaintiff for payment of services rendered her husband, she
would be unjustly enriched as the services were necessary to
benefit the health and welfare of her spouse and their marital
union.
16. Plaintiff has made demands for payment upon
Defendant, which demands remain unheeded.
17. Plaintiff avers that the amount due and owing does
not exceed the jurisdictional amount requiring arbitration referral
by local rule.
WHEREFORE, Plaintiff prays your Honorable Court to enter
Judgment in its favor and against Defendant Debra D. Reed in the
amount of $1,439.00 along with interest at the rate of 6% per annum
and the costs of this proceeding.
COUNT I II .
(Plaintiff v. Debra D. Reed)
(statute)
18. Plaintiff incorporates herein by reference thereto
the averments hereinabove set forth in paragraphs 1 through 17.
19. Pursuant to 23 Pa. C.S.A. 4321, married persons are
liable for the support of each other.
-.
20. Pursuant to 23 Pa. C.S.A. 4102, where debts are
contracted for necessaries by either spouse, a creditor may
institute suit against the husband and wife for the price of the
necessaries.
21. Plaintiff did render necessary health care services
to Defendant Edward L. Reed with the reasonable expectation that
such services be paid for by the persons benefitted, which in the
instant case include said Defendant and his spouse, Defendant Debra
D. Reed as a partner in the marital union.
22. Plaintiff has made demands for payment upon
Defendant, which demands remain unheeded.
23. Plaintiff avers that the amount due and owing does
not exceed the jurisdictional amount requiring arbitration referral
by local rule.
WHEREFORE, Plaintiff prays your Honorable Court to enter
Judgment in its favor and against Defendant Debra D. Reed in the
amount of $1,439.00 along with interest at the rate of 6% per annum
and the costs of this proceeding.
COUNT IV.
(plaintiff v. Edward L. Reed and Debra D. Reed)
(Total)
24. Plaintiff incorporates herein by reference thereto
the averments hereinabove set forth in paragraphs 1 through 23.
25. Plaintiff has made demands for payment upon
Defendants for payment of the balance due of $1,439.00, which
demand remains unheeded.
WHEREFORE, Plaintiff prays you Honorable Court to enter
Judgment in its favor and against Defendants Edward L. Reed and
Debra D. Reed in the amount of $1,439.00 along with interest at the
rate of 6% per annum and the costs of this proceeding.
RESPECTFULLY SUBMITTED:
~" ~.. ~,
././~. /~ ;/'
._;~.-.,._ - '--'l.-
Ar hur A. Kus~~ Esquire
4201 Crums MIll ad--
Post Office Box 11585
Harrisburg, PA 17108
(717) 540-5610
Supreme Court No. 07207
Attorney for the Plaintiff
DATED:
SEIDLE MEMORIAL HOSPITAL, I IN THE COURT OF COHMON PLEAS
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
.
.
V. . CIVIL ACTION - LAW
.
. .
.
EDWARD L. REED and . NO.
.
DEBRA D. REED, I
Defendants I
V E R I F I C A T I 0 N
I,
HARRY PARK
the SUPERVISOR, OF
,
CREDIT & COLLECTION
of SEIDLE MEMORIAL HOSPITAL verify that
the statements made in the Complaint are true and correct and that
I am authorized to make this Verification on behalf of SEIDLE
MEMORIAL HOSPITAL. I understand that false statements herein are
subject to the penalties of 18 Pat C. S. Section 4904, relating to
unsworn falsification to authority.
SEIDLE MEMOIRAL HOSPITAL
BY:~~
DATE: 5/15/95
\
~
Hxlt I HI'T "A"
':'
FORM _2e.cA
, ..... ~E C~ e.~ a __'~3 ct..r
.. "._.m_
e ~1.''''3 FEfl::::
DISCH 6\ '64'9~ 00 '00 0104
OUTI'
GARMANS
lOL:';;:
I BE\El="S AS3: ,"IS...A....:e :O.E~':'J:
,..'----r--------
Gl:la_~ ',:' ;;-, ... f
.
I
I
__J
F;C I
5
. EDWARD L REED
,
L 1108 LAUREL AVE
L
T CAMP HILL PA 17011
0
L
PlT.EII;T NuVBE~ I PATIE""T NAME
2t2609822 REED, EDWARD L
CATE - -" '---CE"SCRiPTIO",.H
09,16
09 :16
09'20
09:20
09'22
09:22
09'23
09:23
09:23
09,28
09:28
09'30
09:30
10 '05
10,05
10:07
to,07
10 :08
10 '08
10: 12
10' 12
10: 12
to'12
10: 19
10: 19
10,21
10 :21
10'22
10:22
to'26
,
to,26
10 '28
10 :28
to:29
54: 00
30: 00
30 00
26: 00
27' 00
26: 00
27' 00
,
30, 00
26: 00
30, 00
26: 00
30' 00
26: 00 '
2700
26: 00
30: 00
26, 00
30: 00
26, 00
30: 00
26' 00
30: 00
26' 00
30: 00
26: 00
30, 00
26: 00
30' 00
26: 00
30' 00
,
26, 00
30' 00
26: 00
27' 00
,
O~QO I
TOTALS~' 'I
.,__SELLAST._l'AGE ,.,___.__.___._._____,______,
See Reverse Side If You Have Not Furnished Us
Your Health Insurance Information and/or Forms
KEEP THIS PORTION FOR I'OUR RECORDS
DETACH AND RETURN TH'S PORTION VlITH PAYMENT
P,,'!',;;...r 11;1.'''; 1..__.... -:.:,,:'50~;~.--+ AO"S~~'-SE:""CE I ''0-"""",, O-E
, _ ._ . _______--1___ ' , I
l. Q,SC..,,\RGE CATE !
1--'- ,
INTERMED-PHY THERAPY
MASSAGE
MASSAGE
HOT PACK STANDARD
ULTRASOUND PHY THERP
HOT PACK STANDARD
EXERCISE-THERAPEUTIC
MASSAGE
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
ULTRASOUND PHY THERP
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
MASSAGE
HOT PACK STANDARD
EXERCISE-THERAPEUTIC
Ie: LATE C"ARoeS FOR SER',flCES
RE'-'E=::: OtC:..iR. YOu Wi....
RECE.E ,:.,~ "',O"oA:. 6..1.1\0
PAT,p..r"o;:;
MAKE CHECKS
PAYABLE TO:
90
90
90
90
90
90
90
90
90
90
90
90
90 i
90
90
90
90
90
90
90
90
90
90
90
90
90
90
90
90
90
90
90
90
90
-l
--.J
SEIDLE MEMORIAL HOSPITAL
P.O. BOX 2332
HARRISBURG, PA, t7105
717 - 782-3680
I.R.S. 23-1352215
1ST COVERAGE 2NO COVERAGE
3RD COVERAGE
PATlE~
AUOU,..T
54, 00
30: 00
30, 00
26: 00
27' 00
26: 00
27' 00
,
30, 00
26: 00
30, 00
26: 00
30' 00
26: 00
27' 00
,
26, 00
3D; 00
26, 00
30: 00
26' 00
30: 00
26' 00
30: 00
26' 00
,
30, 00
26: 00
30, 00
26: 00
30' 00
26: 00
30' 00
,
26, 00
30' 00
,
26, 00
27: 00
AIJOU' T PAt.:
"
P:"T!Etr1'''S BIRTHDATE
BLUE CROSS CONTRACT NO
SUBSCRIBER
GROUP NO
IENCLOSE AUTHORIZATION I
E.UE CROSS GROUP NO
KEYSTONE HEALTH NO ____,___ ------- -------- ---
MEDICARE PATIENTS: PLEASE COMPLETE QUEST'ONS BELOW AND SIGN ANY QUESTIONS CONTACT HOSP'TAL AT
795.6610
MEDICAL ASST, PATIENTS: YOU MUST BR'NG YOUR CARD WHICH RELATES TO THE DATE OF SERVICE TO SEIDLE
MEMORIAL HOSP'TAL BUSINESS OFFICE,
COMMERC'AL INS, FORWARD A SIGNED INSURANCE CLA'M FORM FOR PROCESSING
CHAMPUS: RETURN COMPLETED AND SIGNED FORM ALONG W'TH COpy OF CARDS,
EFFECTIVE DATE
PART A HOSPITAL
MEDICARE ... MEDICARE
SECONDARY PAYOR .... COMPLETE;I
1. IS THE PATIENT OR PATIENT'S SPOUSE EMPLOYED7
PART B MEDICAL
_YES
_NO
IF YES, COMPLETE A,
~ IS THE PATIENT ENTITLED TO MEDICARE ON THE BASIS OF END STAGE RENAL DISEASE? _ YES
IF YES. COMPLETE C,
IS THE PATIENT COVERED BY AN EMPLOYER GROUP PLAN? _ YES - NO
IF YES, NAME OF GROUP PLAN:
_NO
_YES
_NO
IF YES. COMPLETE C,
2, DOES PATIENT HAVE RENAL DISEASE OR HAD A KIDNEY TRANSPLANT?
@]
_YES
_NO
_NO
IS PATIENT ENTITLED TO MEDICARE SOLELY ON THE BASIS OF RENAL DISEASE?
IS THE PATIENT COVERED BY AN EMPLOYER GROUP PLAN? _ YES
'F YES, NAME OF GROUP PLAN:
HAS PATIENT COMPLETED THE TWELVE (12) MONTH COORDINAT'ON PERIOD?
_ YES, STOP MEDICARE PRIMARY _ NO. SEE ABOVE GROUP INS, PLAN
3. ARE SERVICES RELATED TO OR DUE TO AN AUTO ACCIDENT OR OTHER LIABILITY INCIDENT?
_ YES _ NO IF YES, COMPLETE B,
@] WHAT TYPE OF ACCIDENT CAUSED THE ILLNESSIINJURY?
_ AUTOMOBILE: INSURANCE COMPANY AND CLAIM NO,
_ OTHER: SPECIFY
WAS ANOTHER PARTY RESPONSIBLE FOR THIS ACCIDENT? _ YES
NAME/ADDRESS OF RESPONSIBLE PARTY/LIABILITY INSURER:
_NO
4. IS THIS ILLNESS OR INJURY WORK RELATED/BLACK LUNG?
_YES
_NO
IF YES. EMPLOYER NAME AND ADDRESS AND TELEPHONE NO,
5. DOES THE PATIENT HAVE VA HEALTH BENEFITS THRU CARD ;llO.1174? YES NO
6. IS THE PATIENT A DISABLED MEDICARE BENEFICIARY UNDER AGE 65? _YES _ NO
MEDICARE ASSIGNMENT FORM
, REQUEST PAYMENT OF AUTHORIZED MEDICARE BENEFITS TO ME, OR ON MY BEHALF FOR At-N SERVICES FURNISHED TO ME BY OR IN
SE'DLE HOSPITAL. INCLUDING PHYSICIAN SERVICES, I AUTHORIZE ANY HOLDER OF MEDICAL AND OTHER INFORMATION ABOUT ME TO
MEDICARE AND ITS AGENTS At-N INFORMATION NEEDED TO DETERMINE THESE BENEFITS OR BENEFITS FOR RELATED SERVICE,
SIGNED
DATE ____.,_
- - - - -
FOR,.. .25....
-'''::~flh' 8.....1",030;...:;:
UISCI/ 'ot '04 '9.'\
OUTI',
8'~lr"'a PER :~
00'00
GAR MANS
0104
PJ.~:
u , , ROOM "'0 AOMITTEO OlSCI1AROED "I I.R.S. 23.1352215
212609822 IREED EDWARD l 1/ 109,16,93/11, 18,93/ PATIENT
-_.--~ - .-- . '. 'oesCRIPTiO"" ---. ._-.-.... 'rOTAl CI1A.J:lQE ""'OUNT
OArE 1 ST COVERAGE 2"'0 COVERAGE 3RO COVERAGE
10,29 HOT PACK STANDARD 90 26, 00 , , , 26, 00
11 ;01 EXERCISE-THERAPEUTIC 90 27: 00 , , , 27: 00
, . ,
11 '01 I1ASSAGE 90 30, 00 , , , 30' 00
II :01 HOT PACK STANDARD 90 26: 00 , . , 26; 00
, , ,
11 '02 I1ASSAGE 90 30' 00 , , , 30' 00
11 :02 HOT PACK STANDARD 90 26: 00 , , , 26: 00
, , ,
II '09 I1ASSAGE 90 30' 00 , , , 30' 00
, . , , , ,
11,09 HOT PACK STANDARD 90 26, 00 , , , 26, 00
11: 10 EXERCISE-THERAPEUTIC 90 27: 00 . , , 27; 00
, , ,
11'10 HOT PACK STANDARD 90 26. 00 , , , 26, 00
11:12 EXERCISE-THERAPEUTIC 90 27; 00 , , , 27: 00
, , ,
11 '12 HOT PACK STANDARD 90 26' 00 , , , 26' 00
11 : 16 EXERCISE-THERAPEUTIC 90 27: 00 , , . 27; 00
, , .
11 '16 HOT PACK STANDARD 90 26' 00 . , , 26' 00
11 ; 18 4: 00 , , , ,
MISC-OTHER PHY THRPY 90 . , , 4, 00
11 :18 EXERCISE-THERAPEUTIC 90 27: 00 . , , 27; 00
, , ,
11 ,18 HOT PACK STANDARD 90 26, 00 . , , 26, 00
, '-----_!..._- I------!...__ :.._----~-- ------~-- -----_!..._-
, . , , , ,
TOTAL CHARGES 1439' 00 . , , 1439' 00
, , , ....._~.. , ,
, ........ ......... ....."... ........
, , . ,
, . , , , ,
, , , , , ,
, , , , , ,
, , , , . ,
, , , , . ,
, , , , . ,
, , , . , ,
, , , , , ,
, , , , , I
, , , , , I
, , , , ,
, , , , I
, , , , ,
, , I , I
, , , , I
, , , I ,
, , I I I
, , , , ,
, , . . ,
, , , . ,
, , , . ,
: , , . I
ri= LATE CHARGES ~OR IEF:MCES TOTALS~ i . . , PATIENT PAY
REN:lE.l:lEO O~CUR. YOu ~ll. , I
2
flE'..P,~.~_olSJ~?.t__.~~':'~~,.,~E :O.'E..A:i.~ __ ,^ ul=l~.,p '.:..
n:;. :::.. ...~
FiC I --]
5
. EDWARD l REED SEIDLE MEMORIAL HOSPITAL
,
L 1108 lAUREL AVE P.O. BOX 2332
L
T CAMP HIll PA 17011 HARRISBURG, PA, 17105
0
L -! 717 - 782-3680
REeE .E AOO.110NAL BIWNG
THIS AMOUNT
'- ---.--------.......-.- ,. -.-.--...-..------.------------.--
See Reverse Side If You Have Not Furnished Us
Your Health Insurance Information and/or Forms
KEEP THIS PORTION FOR YOUR RECORDS
DETACH AND RETURN THIS PORTION W'TH PAYMENT
OAtl ...t~A' r~e:l~'O-5.i..E--I..--I Ao,...ss'o,.stR-~..CCT-~-j. A'ijQ~OUE-'1
--.--'-r----- --_.....---r- . _
, ,,! I I
LOLc.OIt.&.5_'t_O, 91, 6.&, ~LL5---!_.1ItJ9~Oj
MAKE CHECKS ~c,sc.i~"q',?,,"LI !_~O.~I;T.A'O .
PAYABLE TO: SEIOlE MEMORIAL HOSPITAL l.lL'..l8.c9Li l _
-7!T-= 782-'3680 . ,
OAT, ~r1ojO
\
,--.
,
PATIENTS B'RTHDATE w
B~UE CROSS GROUP NO
, KEYSTONE HEA~TH NO ______,____
B~UE CROSS CONTRACT NO
SUBSCR'BER
GROUP NO
_ .. IENC~OSE AUTHOR'ZATIONJ
MED'CARE PATIENTS: P~EASE COMP~ETE QUESTIONS BE~OW AND SIGN ANY QUESTIONS CONTACT HOSPJTA~ AT
795.8810,
MEDICAL ASST, PATIENTS: YOU MUST BRING YOUR CARD WHICH RELATES TO THE DATE OF SERVICE TO SEID~E
MEMORIA~ HOSPITA~ BUSINESS OFFICE
COMMERCIA~ INS, FORWARD A SIGNED INSURANCE CLA'M FORM FOR PROCESSING,
CHAMPUS: RETURN COMP~ETED AND S'GNED FORM ALONG WITH COpy OF CARDS,
MEDICARE MEDICARE
SECONDARY PAVOR ~ COMP~ETE /1
EFFECTIVE DATE
PART A HOSPITA~
PART B MEDICA~
1, IS THE PATIENT OR PATIENT'S SPOUSE EMP~QYED?
_YES
_NQ
IF YES, CQMP~ETE A,
~ IS THE PATIENT ENTITLED TO MEDICARE ON THE BASIS OF END STAGE RENAL DISEASE? _ YES
IF YES, COMPLETE C,
IS THE PATIENT COVERED BY AN EMPLOYER GROUP PLAN? _ YES _ NO
IF YES, NAME OF GROUP PLAN:
_NO
2. DOES PATIENT HAVE RENAL DISEASE OR HAD A KIDNEY TRANSPLANT?
_YES
_NO
IF YES. COMPLETE C,
@] IS PATIENT ENTITLED TO MEDICARE SOLELY ON THE BASIS OF RENA~ DISEASE?
IS THE PATIENT COVERED BY AN EMPLOYER GROUP PLAN? _ YES
IF YES, NAME OF GROUP PLAN:
HAS PATIENT COMPLETED THE TWELVE (121 MONTH COORDINATION PERIOD?
_ YES. STOP MEDICARE PRIMARY _ NO, SEE ABOVE GROUP INS, PLAN
_YES
_NO
_NO
3, ARE SERVICES RELATED TO OR DUE TO AN AUTO ACCIDENT OR OTHER L'AB'LITY INCIDENT?
_ YES _ NO IF YES, COMPLETE B.
lID WHAT TYPE OF ACCIDENT CAUSED THE ILLNESSIINJURY?
_ AUTOMOBILE: INSURANCE COMPANY AND CLAIM NO,
_ OTHER: SPECIFY
WAS ANOTHER PARTY RESPONSIBLE FOR THIS ACCIDENT? _ YES
NAME/ADDRESS OF RESPONSIBLE PARTY/LIABILITY INSURER:
_NO
4. IS THIS ILLNESS OR INJURY WORK RELATED/BLACK LUNG?
_YES
_NO
IF YES. EMPLOYER NAME AND ADDRESS AND TELEPHONE NO, _
5. DOES THE PATIENT HAVE VA HEALTH BENEFITS THRU CARD /110.1174? _ YES
_NO
6. IS THE PATIENT A DISABLED MEDICARE BENEFICIARY UNDER AGE 65? _YES
NO
MEDICARE ASSIGNMENT FORM
I REQUEST PAYMENT OF AUTHORIZED MEDICARE BENEFITS TO ME, OR ON MY BEHALF FOR ANY SERVICES FURNISHED TO ME BY OR 'N
SEIDLE HOSPITAL, INCLUDING PHYSICIAN SERV'CES, I AUTHORIZE ANY HOLDER OF MEDICA~ AND OTHER INFORMATION ABOUT ME TO
MEDICARE AND ITS AGENTS ANY INFORMATION NEEDED TO DETERMINE THESE BENEFITS OR BENEF'TS FOR RELATED SERVICE.
S'GNED _
D~TE
- -., -t----
".:0::: ::)J: B '.~; 8.i.",::; :.:..~
llIS'CII"":"OI 'O~ 95
OUT!' .
-----.---'--'- .
GARI1ANS
PAGE
,3
B....'I-.,::; ;:1:"::
{){)'(jO (II O~
I BE"'E;:~S ASO'O
,---.----
''''S~~:''''C~5_c~,.~~..J; J..:. In,: .. _ d_~~-:~~_~'::
Fie I I
5
e EDWARD L REED SEIDLE MEMORIAL HOSPITAL
I
L 1108 LAUREL AVE P.O. BOX 2332
L
T CAIIP HILL PA 17011 HARRISBURG, PA. 17105
0
L -1 717 - 782-3680
I PATIENT NUIolBER IREED. PATIENT NAME ir ROOM NO ADMITTED OlSCHARGeC I.R.S. 23-1352215
212609822 EDWARD L 109,16,93111,18,931 PATIENT
CATE OESCAIPTlOf.! TOTAL. CHARGE 15T COVERAGE 2NO COVERAGE 3RD COVERAGE AMOUNT
SOIlIAL SECUR ITY NO. - 182-46-55 4 ,
, , , , ,
BIIlTH ATE - 11/09/54 , , , , ,
, , , , ,
SEX - , , , , I
I1AI\ IT A STATUS - 11 , , , , ,
, , , , ,
RACE - W , , , , ,
ATTEND NG DOCTOR - 97999 ALL OTI , I I D020133E , ,
ER , , , ,
DIAGNO IS - P 847.0 , , , , ,
PO~ICY HOLDER EMPLOYER - MONTGOI I , , , I
ER Y WARD /999 , , ,
PO~ICY HOLDER - NOT ENTERED , , I , I
, , , , I
INSURA CE COVERAGE , , I , ,
CO. AIlE - SELF PAY : GR( P NO.: - I ONE )>OLICY NO.: - ? I
,
REASON FOR VISIT - PHY THERAPY , . , I I
NOTE - CERVICAL STRAIN , , , , ,
, , . , I
, , , , , ,
, , , , , I
, , , , I ,
, , , , , I
. , I , I I
, I , , I
, , I I I
, I , I ,
, I , , I
, I , I I
, , , , I
, , I I ,
I I , , I
, , , I I
, I I , I
, , I I I
, I , , ,
I , I I I
, I , I ,
, , I I I
, I , , ,
, , , I , ,
, I I I I I
I I , I I I
I , I I I I
, , I I , ,
, , I , I I
, I , , , I
, I , , I I
I , , , , I
I , , I , I
, I , , , I
, , , , I ,
.
Ii: IJ.TE CIoIARGES I='OR SERVICES TOTALS ~ I , , , PATIENT PAY
RE~OE;:lEO OCCUR, you Wt~:' , ,
R= '~m A. ' I ... THI S AMOUNT
_CE JcADO O~ L.Bu.~~
__"__., ___. _n___ ___._____'__'__""_'_
See Reverse Side If You Have Not Furnished Us
Your Health Insurance Information and/or Forms
KEEp THISP08TION FOR YOUR RECORDS
DETACH AND RETURN THIS PORT'ON W'TH PAVMENT
FI1~::':' :,y. I[O:-::':jj~::SS:.~;'~' ~'
p:SCHARGE OATE
SEIDLE MEMORIAL HOSPITAL L-1~1 '
AVOuM O..E
"717''" 782-"3680'
FORV.2t14A
PAT'E"-T "00 I
? 1 ?,<;nQR?? RFFn
MAKE CHECKS
PAYABLE TO:
PATIE"T S BIRn-mATE ,
BLUE CROSS GROUP NO
KEVSTONE HEALTH NO ________,_
BLUE CROSS CONTR';:T rw
SUBSCRIBEF
GROUP NO
IENClOSE AUTHORIZATION I
MEDICARE PATIENTS: PLEASE COMPLETE OUESTlONS BELOW AND S'GN ANV OUEST'ONS CONTACT HOSPITAL AT
79S,eel0.
MEDICAL ASST, PATIENTS: VOU MUST BR'NG VOUR CARD WH'CH RELATES TO THE DATE OF SERVICE TO SEIDLE
MEMORIAL HOSPITAL BUS'NESS OFFICE,
COMMERC'AL INS, FORWARD A SIGNED INSURANCE CLAIM FORM FOR PROCESSING,
CHAMPUS RETURN COMPLETED AND SIGNED FORM ALONG WITH COpy OF CARDS,
MEDICARE .... MEDICARE
SECONDARV PAVOR ... COMPLETE;;
1. IS THE PATIENT OR PATIENT'S SPOUSE EMPLOVED?
EFFECTIVE DATE
PART A HOSPITAL
PART B MEDICAL
_VES
_NO
IF VES. COMPLETE A,
~ IS THE PATIENT ENTITLED TO MEDICARE ON THE BASIS OF END STAGE RENAL DISEASE? _ VES
IF VES, COMPLETE C,
IS THE PATIENT COVERED BV AN EMPlOVER GROUP PLAN? _ yeS _ NO
IF VES, NAME OF GROUP PLAN:
_NO
2, DOES PATIENT HAVE RENAL DISEASE OR HAD A KIDNEV TRANSPLAN7?
_VES
_NO
IF VES. COMPLETE C,
@] IS PATIENT ENTITLED TO MEDICARE SOlELV ON THE BASIS OF RENAL DISEASE?
IS THE PATIENT COVERED BV AN EMPlOVER GROUP PLAN? _ VES
IF VES, NAME OF GROUP PLAN'
HAS PATIENT COMPLETED THE TWELVE 112) MONTH COORD'NAT'ON PERIOD?
- VES, STOP MEDICARE PR'MARV _ NO, SEE ABOVE GROUP INS, PLAN
_VES
_NO
_NO
3. ARE SERVICES RELATED TO OR DUE TO AN AUTO ACCIDENT OR OTHER "'ABI"ITY INCIDENT?
- VES _ NO IF VES, COMPLETE B
~ WHAT TYPE OF ACCIDENT CAUSED THE ILLNESSIINJURV?
- AUTOMOBILE: INSURANCE COMPANV AND CLA'M NO,
_ OTHER: SPECIFY
WAS ANOTHER PARTY RESPONSIBLE FOR THIS ACCIDENT? _ VES
NAME/ADDRESS OF RESPONSIBLE PARTY/LIABILITY INSURER:
_NO
4. IS THIS ILLNESS OR INJURV WORK RELATED/BLACK LUNG?
_VES
_NO
IF VES, EMPLOVER NAME AND ADDRESS AND TELEPHONE NO,
5. DOES THE PATIENT HAVE VA HEALTH BENEFITS THRU CARD ;;10,1174? _ VES _ NO
6. IS THE PATIENT A DISABLED MEDICARE BENEFICIARV UNDERAGEeS? _VES _ NO
MEDICARE ASSIGNMENT FORM
I REOUEST PAVMENT OF AUTHORIZED MEDICARE BENEFITS TO ME, OR ON MV BEHALF FOR ANV SERVICES FURNISHED TO ME BV OR 'N
SEIDLE HOSPITAL. INCLUDING PHYSICIAN SERVICES, I AUTHORIZE ANV HOLDER OF MEDICAL AND OTHER INFORMATION ABOUT ME TO
MEDICARE AND ITS AGENTS ANV INFORMATION NEEDED TO DETERM'NE THESE BENEFITS OR BENEFITS FOR RELATED SERVICE,
SIGNED
.. --., -----_._~-~-_.~.._~-_.__..,-_.- ~._~.----_._---,._~-_._...
DATE
.-- --.. ._-~--_._.__._.._--
-.------.'-------.._..,.._.._.- _ __'u_n...
..
. --_. - ~--,.._._---.,--- ~------
,
~.
..,
.
,., ~.
~a:......~ ,~
", ,-..-~..:::-- . ~
I
r,'l)
too.:!'!.!!,
. a....3"o4'"
j ,,",-
9.{
qIJ-'1'-'- (). '/11, t(: ~/ .JIfO'f'
. .
--." ~
-- ~.~ "...~-
r ~~"'~1- ~
3-wt
q(
Cf...'1....... Q. f\,L r~. r ~
~
;" '--...
q;~ ruuJ ~ !lJ.(J. 0
PHONE:' 117) 2l8al85
FAX: (717)231.4083
;
111 ~ ~ 8'1"f&i
HNfWB.RI. flBrIet\.VNM 1n01
ATTORNEYS Ar lAW
COpy
"
.
~
^
,
~_. 0_- _ _~.....
....-
".
.
SBIDLB MIHORI~L HOSPITAL,
plaintiff
IN THB COURT or COMMON PLIAS
CUMBBRLlUfD COUNTY, PBHNSYLVlUfIA
v.
BDWARD L. REED and
DB BRA D. REBD,
Detendants
110. 95-3881
v.
HORRACE HAHN IIISURANCB CO., CIVIL ACTION - L~W
and HBALTH AMBRIC~ or CENTRAL
PEHNSYLVlUfIA, s JURY TRIAL DEKAHDED
Additional Defs. s
.
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 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 request by the plaintiff. You may lose money or
property or other rights important to you.
.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHOllE TilE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator,
Cumberland County Courthouse, 4th Floor
1 Courthouse Square
Carlisle, PA 3-3387
Telephone No. (71 240-6200
01
Dated: ,-z.'..if("
~1L-
By:
Ar ie . squire
Atto ey for Plainti f
119 Locust st.
HarriSburg, PA 11101
(717) 236-5985 \..
.'
. i
NOT I C I A
Le han demandado a usted en la corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias do plazo al partir de la fecha de la
demanda Y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado Y archivar en la corte en
forma escrita sus defensas 0 sus objeciones alas demandas en
contra de sus persona. Sea avisado que si usted no se defiende,
la corte tomara medidas Y puede entrar una orden contra usted sin
previa aviso 0 notificacion Y por cualquier queja 0 alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0
sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
.CONSEGUIR ASISTENCIA LEGAL.
.
Court Administrator,
Cumberland county Courthouse, 4th Floor
1 Courthouse square
carlisle, PA 17013-3387
Telephone No. (717) 240-6200
Dated: ,...1,,1-'11"
By:
Arc ie V. Diveglia,
Attorney for plainti
119 Locust st.
Harrisburg, PA
(717) 236-5985
P.c.
v.
I IN THE COURT OF COKMON PLEAS
I CUMBERLAND COUNTY, PEHHSYLVAHIA
I
I NO. 95-3881
I
I CIVIL ACTION - LAW
I JURY TRIAL DEMANDED
I
SEIDLE MEMORIAL HOSPITAL,
Plaintiff
BDWARD L. REED and
DEBRA D. REED,
Defendants
AHSWER TO COMPLAINT AND NEW MATTER
.
AND NOW, this 27th day of September, 1995, come the
D&fendants by and through their attorney, Archie V. Diveglia, and
respectfully represent the following:
1. Admitted.
2. Admitted.
J. Admitted.
4. Admitted.
'5. The averments
nor denied in that they
and belief.
in paragraph five can be neither admitted
are out of the scope of their knowledge
6. Denied as stated. It is admitted that the demands for
payment have been made, but Plaintiff has indicated to the
Defendant that he has insurance coverage either through his auto
insurance carrier or to his private health carrier and that
either one or the other should pay such billing.
7. Admitted.
COUNT 1
PLAINTIFF V. BDWARD L. RB~
8. No answer needed.
9. The allegations are neither admitted nor denied in that
it is unknown to the Defendant what was the expectation of the
plaintiff in this matter.
10. The averments in paragraph ten denied. The averments
in paragraph ten are conclusions of law to which no further
response is required.
11. Admitted.
.
WHEREFORE, Defendants request Plaintiffs prayer for judgment
.'
be dismissed.
COUNT 11
PLAINTIFF V. DEBRA REED
12. No answer needed.
13. Admitted.
14. Denied. The averments in paragraph 14 are denied as a
conclusion of law for which no further response is needed.
15. Denied. The averments in paragraph 15 are denied as a
conclusion of law for which no further response is needed.
16. Denied as stated. It is admitted that the demands for
payment have been made but plaintiff has indicated to the
Defendant that he has insurance coverage either through his auto
insurance carrier or to his private health carrier and that
either one or the other should pay such billing.
2
COUNT I
PLAINTIFF V. BDWARD L. REED
8. No answer needed.
9. The allegations are neither admitted nor denied in that
it is unknown to the Defendant what was the expectation of the
plaintiff in this matter.
10. The averments in paragraph ten denied. The averments
in paragraph ten are conclusions of law to which no further
response is required.
11. Admitted.
.
WHEREFORE, Defendants request Plaintiffs prayer for judgment
.
be dismissed.
COUYT II
PLAINTIFF V. DEBRA REED
12. No answer needed.
13. Admitted.
14. Denied. The averments in paragraph 14 are denied as a
conclusion of law for which no further response is needed.
15. Denied. The ~verments in paragraph 15 are denied as a
conclusion of law for which no further response is needed.
16. Denied as stated. It is admitted that the demands for
payment have been made but Plaintiff has indicated to the
Defendant that he has insurance coverage either through his auto
insurance carrier or to his private health carrier and that
either one or the other should pay such billing.
2
17. ^dmlttad.
WHEREFORE, the prayer for relief of the PlaintIffs should be
dismissed.
COUNT III
~XHrlrFS V. DEBRA REED
lB. No answer required.
19. Denied as a conclusion of law to which no further
response is needed.
20. Denied as a conclusion of law to which no further
response is needed.
~
21. Denied. Plaintiff has no knowledge as to the
.
expectation of the Defendant.
22. Denied as stated. It is admitted that the demands for
payment have been made but Plaintiff has indicated to the
Defendant that he has insurance coverage either through his auto
insurance carrier or to his private health carrier and that
either one or the other should pay such billing.
23. Admitted.
WHEREFORE, Defendant moves the claims of Plaintiff be
dismissed.
COUNT IV
~NTIFF V. EDWARD RBED and DEBRA REED
24. No answer required.
25. Denied as stated. It is admitted that the demands for
payment have been,made but Plaintiff has indicated to the
Defendant that he has insurance coverage either through his auto
3
insurance carrier or to his private health carrIer and that
either one or the other should pay such bllllng.
WHEREFORE, Defendant moves this Honorable Court to dismiss
all claims of the PlaIntiff.
NEW HATTBR
Tho avormnntA fram pnrnqraphA 1 through ~5 nro incorporatgd
herein and made a part hereto.
26. The services rendered by the Plaintiff to the
Defendant, Edward L. Reed, were believed by the Defendant to be
.
services related to problems he had relating to a heart attack in
August of 1993. However, Plaintiffs' health care carriers
indicated that it is of the opinion that the treatments and
expenses were related to an automobile accident incurred by the
Plaintiff on September 20, 1992 and has denied coverage on that
basis.
. 27. Plaintiff believes that his auto insurance company is
on notice as to this pending claim by the Plaintiff, but that the
auto insurance company has yet to render a decision as to
payment.
28. Regardless as to whether the services rendered by the
Plaintiff were related to the Defendant's heart attack or to the
Defendant's automobile accident injuries, there is insurance
coverage to provide payment and Plaintiff has filed a third party
Complaint against each Defendant which is attached hereto.
4
WIIEREFORE, Dofondilnts movo this Honorable Court to dismIss
the clilims of Plaintiff.
Respectfully sUbmitted,
01VEGL1A and KAYLOR, P.C.
DATEn:
f!-7,1-fr
By:
Arc e V. 0 veg a, . re
Attorney 1.0./17140
119 Locust street
Harrisburg, penns Iv nia 17101
(717) 236-5985
.
.
Attorney for Defendants
5
~
VERIFICATION
The foregoing Answer to Complaint and New Matter is based
upon information which has been gathered by our counsel in the
preparation of the lawsuit. The language of the Answer to
Complaint and New Matter is that of counsel and not our own. We
have read the Answer to Complaint and New Matter and to the
extent that it is based upon information which we have given to
our counsel, it is true and correct to the best of our knowledge,
information and belief. To the extent that the content is that
.
of counsel, we have relied upon counsel in making this
verification. This statement and verification are made subject
to the penalties of Pa.C.S. Section 4904 relating to unsworn
falsification to authorities, which provides that if we make
knowingly false averments, we may be subject to criminal
penalties.
Dated: C!j;;.1/~
~'cf!k~
ED ARD L. REED
~1\~u~
ORAD. REED -
"
.
.
ORU[N I iO 15J.i1 . AJ ell_UAL 'lIf til'l'~a M~. HIBB[RO 6V",I."".. 'He. Pl 'ALUM", CA
TO 'UOHOlU CALL fOll' Hlt NOU HIBBENe ICAI UN Iltoo, 1'8 IIl40 IUfu"
, fDiIt A
.
.--.-
~~--=--~ ..~- .~~ ~- ''':':.~-;.~
\
SBIDLB MEMORIAL HOSPITAL,
plaintiff
III THB COURT OJ' COMMON PLOS
CUMBBRLAHD COUNTY, PEIflfSYLVAIIIA
v.
BOWARD L. REBD and
DBBRA D. RBED,
D.fendants
NO. 95-3881
v.
HORRACB MAIfIf INSURAlfCB CO.,
and HEALTH AMERICA OJ' CENTRAL
PBHNSYLVAIIIA,
Additional Defs.
CIVIL ACTION - LAW
JURY TRIAL DEMANDBD
.'
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 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 request by the plaintiff. You may lose money or
property or other rights important to you.
,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator,
Cumberland county Courthouse, 4th Floor
1 Courthouse square
carlisle, PA 3-3387
Telephone No. (71 240-6200
Dated: '.2,1..,\.......
By:
Ar ie squire
Atto ey for Plainti f
119 Locust st.
Harrisburg, PA 17('101
(717) 236-5985
NOT I C I A
Le han demandado a usted en la corte. si usted quiere
detenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias do plazo al partir de 1a fecha de la
demanda y la notiticacion. Usted de be presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en
forma escrita sus defensas 0 sus objeciones alas demandas en
contra de sus persona. Sea avisado que si usted no se detiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0
sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
IE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
.
Court Administrator,
Cumberland County Courthouse, 4th Floor
1 Courthouse Square
Carlisle, PA 17013-3387
Telephone No. (717) 240-6200
Dated: ,..-z,1..qJ'
By:
t,
SBIDLI MBMORIAL HOSPITAL,
Plaintiff
IN THB COURT OF COMMON PLBAS
CUMBIRLAMD COUNTY, PIHHSYLVAHIA
v.
IDWARD L. RBBD and
DBBRA D. RIBD,
Detendants
NO. 95-38e1
v.
HORRACB KAHN INSURANCe CO.,
.and HEALTH AMIRICA OF ceNTRAL
PIHHSYLVlUlIA,
. AddItIonal Dets.
CIVIL ACTION - LAW
JURY TRIAL DBMAHDeD
COMPLAINT OF DIFIHDAHTS BOWARD L. RBBD MID
DeBRA D. RBBD AGAINST ADDITIONAL DIPeHDAHTS HORACB
KAHN INSURANCI COMPMlY MID BBALTB AMeRICA OF CBNTRAL PA.
Defendants, Edward L. Reed and Debra D. Reed, hereby file
the within Complaint against additional Defendants, Horace Mann
Insurance company and Health America of Central Pennsylvania, and
.
aver in support as follows:
1. This action was instituted by the filing of a complaint
by the Plaintiff against the Defendants, a true and correct copy
of Plaintiffs' Complaint is attached hereto and marked Exhibit A.
2. Defendants have filed their Answer to the Complaint
which is attached as Exhibit B.
3. Additional Defendant, Horace Mann Insurance company is
an insurance company licensed to transact insurance in the
Commonwealth of pennsylvania and Is located at 9841 Broken Land
....--.. ~ . .....
Parkway, suite 303, columbia, Maryland 21046.
4. Additional Defendant, Health America of Central
pennsylvania is a business corporation licensed to transact
health insurance coverage in the Commonwealth of PennsylvanIa and
has an address located at 2601 Market Place street, Harrisburg,
PA 17110-9339.
5. For purposes of this Additional Defendant complaint
only and without admission or adoption, the averments or
paragraphs 1 - 23 of Plaintiffs' Complaint are Incorporated by
.reference as if fully set forth at length herein.
. COUNT I
eDWARD L. REED AMD DEBRA D. ReeD V. HORACE MANN INSURMlCB COKPMlY
6. The averments of paragraph 1 - 5 of this complaint are
incorporated herein by reference as if fully set forth at length
herein.
7. Plaintiff Edward Reed was an insured under an insurance
policy of the Defendant for injuries arising out of a motor
.
vehicle accident including that of 9/20/92.
8. That the Defendant Edward L. Reed did all steps
necessary and filed all paper work required and placed the
additional Defendant, Horace Mann Insurance company on notice of
such claim.
9. That the additional Defendant, Horace Mann Insurance
company did, in fact, make medical expense and other payments
under said polIcy.
2
10. It is averred that the additional Defendant, Horace
Mann Insurance Company, has notice as to the billing of the
Plaintiff, Seidle MemorIal Hospital, but has not yet made a
decision as to payment of the same.
11. Although Defendant, Edward L. Reed, does not possess
medical reports indicating that the treatment for which the
billing to the Seidle Memorial Hospital was incurred was causally
related to the motor vehicle accident, he has been advised by his
health insurance carrier that their medical representative had
~ndicated that it is causally related to the motor vehicle
a~cident and proof will be supplied to the Defendant Horace Mann
Insurance Company, If that Is the case.
WHEREFORE, Defendant, Edward L. Reed, avers that additional
Defendant, Horace Mann Insurance company is liable to Plaintiff
as third party beneficiary to the contractual agreement between
the Defendant Edward L. Reed and additional Defendant Horace Mann
.
Insurance Company.
COUNT II
IDWARD L. ReED V. HeALTH AMeRICA OF CeNTRAL peNNSYLVANIA
12. The Defendant, Health America of central Pennsylvania,
is the HMO for Edward and Debra Reed.
13. The claim of the Plaintiff, Seidle Memorial Hospital,
was presented to Defendant Health America of Central Pennsylvania
as early as November of 1994 but it has failed to send to
Defendant Edward L. Reed a written notice as to reasons for
3
denial of the claim.
14. The Defendant, Edward L. Reed, has only oral advisement
from representatives of the additional Defendant that the claim
has not been paid because It is believed to be related to the
motor vehicle accident of September 20, 1992 and not the heart
attack of August 1993.
15. It is averred that the addItional Defendant, Health
America of Central Pennsylvania does not have a medical basis for
saId denIed.
. 16. It is averred that the additional Defendant, Health
America of Central Pennsylvania does not have a physician's
report so indicating the basis of the denial of the claim.
17. The addItional Defendant, Health America of central
Pennsylvania, has a duty under the contract with the Defendant to
pay for such billing and its failure to pay is a breach of its
agreement with the Defendant.
. 18. That the failure of the additional Defendant, Health
America of Central PennsylvanIa, to either payor supply written
notices as to the reason of its failure to pay the billing of the
seid1e Memorial Hospital is contrary to the Unfair Insurance
Practice Act of the Commonwealth of Pennsylvania and it is an act
of bad faith entitling PlaintIff for punitIve damages.
WHEREFORE, Plaintiff demands judgment against the additional
Defendant, Health America of Central PennsylvanIa, for the
billing to the Seid1e Memorial Hospital, counsel fees, costs and
4
punitive damages to a sum in excess of the arbitration limits of
the Court of Common Pleas of Cumberland County.
Respectfully submitted,
DIVEGLIA and KAYLOR, P.C.
DATED:
'-z~~~
.-
By:
Arch V. Diveg1 a,:
Attorney 1.0.#17140
119 Locust street:
,
Harrisburg, Penn 1v nia 17101
(717) 236-5985
.
Attorney for Defendant
5
VERIFI.CATION
The foregoing complaint is based upon information which has
been gathered by our counsel in the preparation of the lawsuit.
The language of the complaint is that of counsel and not our own.
We have read the complaint and to the extent that it is based
upon information which we have given to our counsel, it is true
and correct to the best of our knowledge, information and belief.
To the extent that the content is that of counsel, we have relied
upon counsel in making this verification. This statement and
verification are made subject to the penalties of Pa.C.S. Section
.
4904 relating to unsworn falsification to authorities, which
provides that if we make knowingly false averments, we may be
subject to criminal penalties.
.
Dated: cr(-z,1(fJ
'DM~~
EDWARD L. REED-
~o~ 1'\ Q.u.d
BRA D. REED
.
CERTI~ICATB OF SERVICE
AND NOW, this 27th day of September, 1995, I, Bethany A.
King, for Archie V. Diveglia, Esquire, hereby certify that a copy
of the foregoing Answer to Complaint and New Matter was served by
depositing the same in the United states Mail located in
Harrisburg, PA, postage prepaid, addressed to the following:
Arthur A. Kusic, Esquire
4201 Crums Mill Road
P.O. Box 67015
Harrlsburg, PA 17112
.
Bethany A.,Kt
Archie V. D glia, Esqui
DIVEGLIA , KAYLOR, P.C.
<./'>
.on
.0
r.J
-,
.,
-
,-"
L;\
...,
~
..;;
<J'
.
PHONe: (Ili) 23&lI9ll5
FAX: (717)231-4003
0~~~ ~(f
,
~
ATIllRNEYs AT lAW
COpy
.
"' LOC%8T 8IREE1'
lfA. U ...AQ. flBH!M..vNM 1ncn
o.
-
.~ ':",l."'
.
~
J"
.
~.- .~-- ..-.-.-.- ."
.~
I
I
I
I
I
I
I
I
I
I
I
HORRACe KAHN INSURANCe CO., I
and HIALTH MeRICA OF ceNTRAL I
PENNSYLVANIA, I
Additional Defs. I
IN THE COURT OF COMMON PLBAS
CUMBIRLAND COUNTY, PENNSYLVANIA
SEIDLe MEMORIAL HOSPITAL,
plaintiU
v.
EDWARD L. REED and
DEBRA D. ReID,
Defendants
NO. 95-3881
v.
CIVIL ACTION - LAW
JURY TRIAL DEMANDeD
.
NOTICE TO DEFEND
Vou hnva baan Quad in court. X~ you wiah to do fond aqain.t
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 request by the plaintiff. You may lose money or
property or other rights important to you.
.
.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO !lOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator,
Cumberland county courthouse, 4th Floor
1 Courthouse Square
carlisle, PA 3-3387
Telephone No. (71 240-6200
Dated: 1.Z,1..lf('"
squire
f
Plt-
By:
Ar ie
Atto ey for Pia inti
119 Locust st.
Harrisburg, PA
(717) 236-5985
17101
l
NOT I C I A
Le han demandado a usted en 1a corte. si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias do plazo al partir de 1a fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en 1a corte en
forma escrita sus defensas 0 sus objeciones alas demandas en
contra da aus paraonn. Son aviaado qua ai uatad no .a dafianda.
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion Y por cualquier queja 0 alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0
sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGER TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
.
CONSEGUIR ASISTENCIA LEGAL.
.
Court Administrator,
cumberland County Courthouse, 4th Floor
1 Courthouse square
Carlisle, PA 17013-3387
Telephone No. (717) 240-6200
Dated: ,..-z,1-'1J
P.c.
By:
Arc ie V. Diveg1ia,
Attorney for Pia inti
119 Locust st.
Harrisburg, PA
(717) 236-5985
SBIDLB MBMORIAL HOSPITAL,
Plaintiff
I IN THI COURT OF COMMON PLIA.
I CUMBBRL~ND COUNTY, PINN8YLVANIA
I
BDWARD L. RBBD and
DBBRA D. RBBD,
Detendant.
NO. 95-3881
v.
v.
HORRAce KAHN INSURMlCe CO.,
and HIALTH AMBRICA OF CeNTRAL
.PBHHSYLVANIA,
. AdditIonal Deta.
CIVIL ACTION - LAW
JURY TRIAL DBKANDID
P9".LAZNT or DB~anDAHT. ID.~Q L. RI.~a
DBBRA D. RIID AOAJ~ST ADDITIONAL DBF~AKiI-HQBAQI
MANN INSURMlCB COMPANY MID HEALTH ~ OF CI.IIlBAL PA.
Defendants, Edward L. Rced and Debra D. Reed, hereby fIle
the within Complaint against additional Dofondllnta, lIorace Mllnn
Insurance Company and IIcnlth Amorica of Ccntral Pennsylvania, and
.
aver in support as follows:
1. This action was instituted by tho fllinq or 1\ Complaint
by the Plaintiff against the Defendants, n true nnd correct copy
of Plaintiffs' Complaint is attached hcreto nnd mnrked Exhibit A.
2. Defendants havc Ciled their Answer to the Complaint
which is attached as Exhibit B.
3. Additional Dcfcndnnt, Horace Mann lnsurnnce Compllny is
an insurance company liccnsed to transllct insurance in the
Commonwealth of Pennsylvanla and is located lit 9841 Broken Lnnd
Parkway, suite 303, Columbia, Harylanu 21046.
4. Additional Defendant, Health America of Central
Pennsylvania is a business corporation licensed to transact
health insurance coverage in the Commonwealth of Pennsylvania and
has an address located at 2601 Market Place street, Harrisburg,
~
PA 17110-9339.
5. For purposes of this Additional Defendant Complaint
only and without admission or adoption, the averments of
paragraphs 1 - 23 of Plaintiffs' Complaint are incorporated by
..reference as if fully set forth at length herein.
. COUNT I
EDWARD L. ReED AND DEBRA D. REED V. HORACE MANN INSURANCE COMPANY
6. The averments of paragraph 1 - 5 of this Complaint are
incorporated herein by reference as if fully set forth at length
herein.
7. Plaintiff Edward Reed was an insured under an insurance
policy of the Defendant for injuries arising out of a motor
.
vehicle accident inclUding that of 9/20/92.
8. That the Defendant Edward L. Reed did all steps
necessary and filed all paper work required and placed the
additional Defendant, Horace Mann Insurance Company on notice of
such claim.
9. That the additional Defendant, Horace Mann Insurance
Company did, in fact, make medical expense and other payments
under said policy.
2
10. It is averred that the additional Defondant, Ilorace
Mann Insurance Company, has notice as to the bi II in(J or the
Plaintiff, Seidle Memorial lIospital, but has not yet made ft
decision as to payment of the same.
11. Although Defendant, Edward L. Reed, does not possess
medical reports Indicating that the treatment for which the
billing to the Seidle Memorial lIospital wns Incurred was causally
related to the motor vehicle accident, he hfts been ndvised by his
health insurance carrier that their medical reprenontntlve had
.indicated that it is causally related to the motor vehicle
aocident and proof will be supplied to the Defendnnt lIorace Mann
Insurance Company, if that is the case.
WHEREFORE, Oerendant, EllwIlrd L. R."d, av.r. thllt Ilddition..l
Defendant, Horace Mann Insurance Company Is liable to Plaintiff
as third party beneficiary to the contrnctual agreement between
the Defendant Edward L. Reed and additiona I ()efendnnt lIorace Mann
Insdrance Company.
COUNT II
EDWARD L. REED v. HEAL.TIL\IU:RICA O~H'l'8A~.LV1\HIA
1'-. The Defendant, lIenlth Americll of Central Pennsylvania,
is the HMO for Edward and Debra Reed.
13. The claim or tho Plaintiff, Soldle Memorial Hospital,
was presented to Derendnnt lIonlth America of Central Pennsylvania
as early as Novembor of 1994 but It has failed to send to
Defendant Edward L. Ileed n written notice as to reasons for
3
denial of the claim.
14. The Defendant, Edward L. Reed, has only oral advisement
from representatives of the additional Defendant that the claim
has not been paid because it is believed to be related to the
motor vehicle accident of September 20, 1992 and not the heart
attack of August 1993.
15. It is averred that the additional Defendant, Health
America of Central Pennsylvania does not have a medical basis for
said denied.
. 16. It is averred that the additional Defendant, Health
~merica of Central Pennsylvania does not have a physician's
report so indicating the basis of the denial of the claim.
17. The additional Defendant, Health America of central
pennsylvania, has a duty under the contract with the Defendant to
pay for such billing and its failure to pay is a breach of its
agreement with the Defendant.
18. That the failure of the additional Defendant, Health
America of Central Pennsylvania, to either payor supply written
notices as to the reason of its failure to pay the billing of the
Seid1e Memorial Hospital is contrary to the Unfair Insurance
practice Act of the Commonwealth of Pennsylvania and it is an act
of bad faith entitling plaintiff for punitive damages.
WHEREFORE, plaintiff demands judgment against the additional
Defendant, Health AmerIca of Central Pennsylvania, for the
billing to the Seidle Memorial Hospital, counsel fees, costs and
4
punitive damages to a sum in excess of the arbitration limits of
the Court of Common Pleas of Cumberland county.
Respectfully submitted,
DIVEGI.IA and KAYLOR, P.C.
DATED:
'f - Z-r.Jf J--'
By:
Arch V. Divegl a,/
Attorney 1.0.#17140
119 Locust street'
Harrisburg, Penn ~lv
(717) 236-5985
17101
.
.
Attorney for Defendant
5
_..
~RIFICATIQti
The foregoing complaint is based upon information which has
been gathered by our counsel in the preparation of the lawsuit.
The language of the Complaint is that of counsel and not our own.
We have read the complaint and to the extent that it is based
upon information which we have given to our counsel, it is true
and correct to the best of our knowledge, information and belief.
To the extent that the content is that of counsel, we have relied
upon counsel in making this verification. This statement and
verification are made subject to the penalties of Pa.C.S. section
.
4904 relating to unsworn falsifIcation to authorities, which
.
provides that if we make knowingly false averments, we may be
subject to criminal penalties.
Dated: cr('2-1(<;j
'tMtI-ut ~
EDWARD L. REED-
~Q~1\QuA
BRA D. REED
..:......,
~A
.
.
ORDER I ;;rO.15U . AiJ. LEOAL fiLE .YSTU'.. allll'ERO &Va'UII, IHe:" P[fALUMA, e"
TO H[OROER CA.LL TOLL rRrE 1l00-8188E"0 leA, 0" '800, 35.82"0 lunA,
--
,
~ .
\
-
-,..:....-.-~,...~-~..;... "..::':':"'_-::-:",
H1-~lnl.I': MI-:MORI^I, 1I0SPI'r^",
III lifE COUIlT OF COMMON PLEM,
l1M1UJUlllfl COUIHY PENt~SYLVANIA
PlaIntiff
v,
CIVIL ACTION - LAW
~DWARD L. REED and
UEDRA D. REED. d n
Defen ant
I~O. 1),5- 3'i{~ I
CL;,e;! \..7J~I"
NOTICE
You have been sued in court. If you wifih to uefpnd
against the claIms set forth in the following pages, you must take
action within twenty (20) days after this Complaint and Notice are
aaryeu. by antar 1"9 ,., w,. i Lt..,n appea'~l1l1c'" 11e,-eul1n 11 V or Uv at..torney
and filing In wrItIng with the court your defenses or objectIons
to the claims set forth against you. You are warned that if YOll
fail to do so, the case may proceed without you and jUdgment may
be entered against YOU by the court without further notice for any
money clll1med in the ComplaInt for any other claIm or relIef
reQuest.ed by the Plaintiff. You may lose money or propert.v or
other rights importnnL to you.
YOU SHOULD lAKE THIS PAPER 10 YOUR LAWYEIl AT OI~CE. IF
YOU on NOT HAVE A I AWYEIl OR CANNOT AFFORO ONF, an TO nR TGLFPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CM' GET LEGAL
HELP.
LAWYI:R REFEIIIlAL
,Cumberland Co. Court Admin.
Fourth Floor
One CO\lrthousc ficlunrr
Carllnle. PA 17013-3387
(717) 240-6200
lleSIJecLful iy sllbml1.Led:
~
~~-1R'A fUSIC,
<1201 Cr'wr,s'M .11
Post OffIce 80'
Harrlsh.Ir<1, PA
(717) f.4(1-5610
5UPRCI-lE COUIlT 110. 07207
ATTOIlNE'r' FOR PLAIIITIFJ
ESfJU I RE
RoarJ
C,7015
1] 112
Dated:illll
T~UE COpy FROM RECORD
In TeSlrmony wl",rccr, I here Ul1lo sol my h~nd
IIrKI the seal of said Court at C~rlislc. Pa.
TIri. cJ.J.'51 d f /2 .I
. . ..:.... ay o. ;;r;:fr.......' I'.i!::
...........~1K.~...r. ~~. ..iJf1.......
,; rrolhonotary
n..~rOI,"~ ~H~"'()nl^l. 1I0fiPI'I'^I"
/I~ lllF. COURl OF COMMOIl PLEIIS
cnIlH:IWwlCOUfHY PENIlSYLVIINIII
PIa In\. 1 f f
V.
~OWIIRO L. R~~O ~n~
IJ~IIRII O. R~r.IJ,
(lefnne!an\. n
CIVIL IICTlOll - LIIW
llO .
NOTICIII
..
L'J hall demanLlado a usted en 1 a corte. 51 usted QU i ere
defenderse de es\.as demandas expuestas en 1as pnginas siguientes.
usted tlene Vlente (20) dins de plazo a1 partir presentar una
aparlenCla escrlta 0 en persona 0 por abogado y archlVar en 1a
corte en forma escrita sus defensas 0 sus objeciones alas demandns
en contra de su persona. Sea aVlsado Que 51 usted no se defiende.
la corte tomara medldns y puede entrar una orden contra usted sin
previa aVlS0 0 notlflcaclon y por cualQuier Queja 0 a1ivio Que es
ped i do en 1 a pet. 1 c lCHl de deOlanda. Usted Duede perder d i nero 0 SUS
proPledades " otros derechos lmportantes para usted.
.
LLEVE EST A DEMIINDA A UN ABOGIIDO INHEDIIITIIHEIlTE. 51 NO
TlEIIE IIBOGIIDO 0 51 NO TIEtlE EL DINERO SUFICIEtlTE DE PIIGAR TilL
SERVICIO, VIIYII EN PERSONA 0 LLAME POI' TELEFONO II LII OFICINII CUYII
DIRECCION SE ENCUEIlTRII ESCRITA IIBAJO PIIRII AVERIGUIIR DONDE SU PUEDE
COIlSEGUIR ASISTENCIII LEGAL:
J.IIW'{ER RP.FERRIIJ.
Cumbcrlnnd Co. Courl IIdmln.
'~'ourtb Floor
One CO'lrthouR~ Squnr~
Cnrlislc, PII 17013-33R7
(717) 240-6200
Respectfully submitted:
~--:v
II~R II. I<USIC. SOUY-RE ~
4201 (rums 1.1111 Road
Post ('ffice Box 67015
4arrlsburg, I'll 17112
(717) 540-5610
SUPREME COUPT NO. 07207
IITTORNEY FOR PLIIINTIFF
lJated: Ji" /'-1\'
BEIDLE HEHORIlIL 1I0BPITlIL,
PlaintHt
IN TilE COURT OF COHHON PLElIS
CUHDERLlIND COUNTY, PENNBYLVlINIlI
I
I
I
V.
CIVIh lICTION - LAW
EDWlIRD L. REED and
DEDRlI D. REED,
Defendants
NO.
:
.
.
.
.
C 0 M P L A I N T
AND NOW comes Plaintiff by ilnd through its attorney,
Arthur A. Kusic, Esquire, and respectfully represents the
following:
.
1. Plaintiff, SEIDLE MEMORIAL HOSPITAl" is a hospital
.
facility orgilnized and existing under the lilws of the Commonwealth
of
Pennsylvania
Filbert
simpson
streets,
located
at
(,
Mechanicsburg, Cumberlilnd county, Pennsylvilnia.
2. Defendilnts, EDWARD L. REED and DEBRA D. REED are
adult married individuals residing ilt 119 Yorkshire Drive,
Mqchanicsburg, Cumberland county, pennsylvilnia.
3. On or about September l6, 1993 and from time to time
through November 18, 1993, Plaintiff, ilt the request of Defendilnt
Edward L. Reed, did provide health care services to said Defendant.
4. Plaintiff in good faith provided the necessary
health care services to Defendant, Edwat-d L. Reed, and thereafter
billed Defendants for those services ilnd expenses incurred. As
evidence whereo~, copies of the billi.ng for services rendered to
tho Dofenclllnt, ~;dw.'rd I.. Heed lire illtllched herelo, made 11 pllrt
hereof and marked Exhibit "A".
5. Plaintiff's charges to the Defcndllnls for services
rendcrml to Defendilnt, Edward I" Rerd lire its UGulIl and customary
chnrgeG.
6. Plaintiff has made demands [or payment of $1,439.00
upon Defendant, which demands remain unheeded.
7. plaintiff avers that the amount due and owing does
not exceed the jurisdictional amount requiring arbiitration
referral by local rule.
.
.
COUNT I.
(plaintiff v. Edward L. Heed)
(Quantum Meruit)
8. Plaintiff incorporates herein by reference thereto
the averments hereinabove set forth in paragraphs 1 through 6.
9. plaintiff did render henlth care services to
Defendant with rellsonable expectation that payment for such
services would be mnde by the party benefitted.
10. Should the Defendant not be required to pay for the
bnlance due for the services rendered, Defendant would be unjustly
enriched at Plaintiff's expense.
11. Plaintiff avera that tI", amount due and owing doC'a
not exceed the juriadictional amount ,:equiring arbl itration
refcrral by local rule.
WHEREFORE, plaintiff prays your Honorable court to enter
Judgment in its favor and against Defendant Edward L. Reed in the
amount of $1,439.00 along with interest at the rate of 6% per annum
and the costs of this proceeding.
.
.
COUNT II.
(plalntiCf v. Debra D. need)
(Doctrinc of Necessaries)
12. Plaintiff incorporates herein by reference thereto
the averments hereinabove set forth in paragraphs 1 through 10.
13. PlaintiC f believes and therefore avers that the
health care services rendered, upon request, to Defendant Edward
L. Reed, husband of Defendant Debra D. nC'cd, were necessary for his
benefit and welfare.
14. plaintiff believes and therefore avers that pursuant
to the "doctrine of necessaries", Defl:'ndant Debra D. Reed, as
spouse of the recipient of heal th cnre services, is liable to
Plaintiff for the bnlance due.
~;;.!
15. Should Defendant Debra D. Heod not be held 11l1hl"
to Pl 11 inti ff for payment of servicCls rendered hor hushand, she
would be unjustly enriched as the services were necessary to
benefit the health and welfare of her spouse and their marital
union.
16. Plaintiff has made demands for payment upon
Defendant, which demands remain unheeded.
.
l7. Plaintiff avers that the amount due and owing does
not exceed the jurisdictional amount requi ring arbi tration referra 1
.
by locill rule.
WIIEHEFOHE, Plaintiff prays your 1I0norable Court to enter
Judgment in its favor arid against Defendant Debra D. Reed in the
amount of $1,439.00 along with interest at the rate of 6% per annum
and the costs of this proceeding.
COUNT II!.
(Plaintiff v. Debra D. Reed)
(statute)
18. Plaintiff incorporates herein by reference thereto
the averments hereinabove set forth in paragraphs 1 through l7.
19. Pursuant to 23 Pa. C.S.^. 4321, married persons are
liable [or the support of each other.
.
20. Pursllant to 23 Pa. C.r..^. 4102, whon' debts are
contracted for necesGilrios by either npouse, il creditor may
institute suit against the husband and wife for the price of the
necessaries.
21. Plaintiff did render necessary hQillth care services
to Defendant Edward I.. Ilr>ml with the "r>ilnonilhle <'Xpr>ctiltlon that
such services be paid for by the persons benefitted, which in the
instant case include said Defendant and his spouse, Defendant Debra
D. Reed as a partner in the marital union.
22. plaintiff has made demands [or payment upon
Defendant, which demands remain unheeded.
23. Plaintiff avers that the amount due and owing docs
not exceed the jurisdictional amount requiring arbitration referral
by local rule.
WHEREFORE, Plaintiff prays your Honorable court to enter
Judgment in its favor and against Defendant Debra D. Reed in the
amount of $1,439.00 along with interest at the rate of 6% per annum
and the costs of this proceeding.
COUNT IV.
(plaintiff v. Edward L. Reed and Debra D. Reed)
(Total)
24. Plaintiff In<:orporatco hprf'ln by reference thereto
the avermentn hereinabovo [;at forth in pnt'nqrnpbn 1 lht'ouCJh 23.
25. plaintlff IInS made demnndn for pnyment upon
Defendants for pnyment of the balance due of $1,439.00, which
demand remains unheeded.
WHEIlEI'ORE, plaintiff prays you Honorable Court to enter
Judgment in its favor and against Defendants Edward L. Reed and
Debra D. Reed in the amount of $l,439.00 along with interest at the
rate of 6% per annum and the costs of this proceeding.
.
RESPEC'l'I'U1,LY SUBMl'l"rElJ:
...'.., .' ---- ~
. r"....h "<'C/; / /-.~-----
p~ C/r .-,:-
Ar~hur A. . Kusic - Esquire
4201 Crums ~ill Dad-
Post Office Box l1585
Harrisburg, PA 17108
(717) 540-5610
supreme Court No. 07207
Attorney for the Plaintiff
DATED:
IlEIDLE MEMORII\L HOnPITI\L,
Plaintiff
I
IN Tilt: COIIRT OF COMMON PLEI\Il
CUMnt:RLI\ND COUNTY, PENNSYLVI\NII\
.
.
v.
I
:
CIVIL I\CTION - LI\W
EDWI\RD L. RF.F.D And
DEBRI\ D. REED,
Dofondants
.
.
NO.
Y_E_8J_LL9.J\_1'._I-9_ti
1,
IIARRY "ARK
, the SUrf.RVI SOR, OF
CRWIT & COI.Lf.CTlON
of SEIDLE MEMORIAL HOSPITAl, verify that
.
the statements made in the Complaint arc true and correct and that
.1 am authorized to make this Verification on behalf of SEIDLE
MEMOIUAI, HOSPITAL. 1 understand that [alse statements herein arc
subject to the penalties of 18 Pa. C. S. section 4904, relating to
unsworn falsification to authority.
SEIDLE MEMO] RAL HOSPI'l'A!,
.y' dz4:;.
DATE: 5/15/95
,
I.
f
i
I
I
.
.
"
B>:IJJlIl'r "1\"
"
TOTALS ~ ' ,
l .5EE LAS PAGE, ..
See Reverse Side If You Have Not Furnished Us
Your Health Insurance Information and/or Forms
. ~EEP T H!S PORTION FOR YOLlR RECORDS
DETACH AND RETURN THIS PORTION WlHi PAYMENT
.,,,,,,. """II-._:.\l~'in ii'~' '"V,~O" ,,{,.ie;
" _. I. I..
(Jl!iOtAf1i.\[ DAlE
, .
I 1. - 'f r ~ "
i IlISrlt
01111' ,
rl,,'.-l:'t"
I': I',", n 'l !"~
01 'III, ',,~
1I!1'1I11! III III,
! lit '.~' '!: .'if}:::
It;!;1 ,111.1. T '. 'l..rUtJl, I lIfl~' I;' t,"
r<:
5
1-
~ r.nWARU l. REEU
t tin" l.AUREI. AYE
6 CAllI' 1111.1. I'A 17011
L_
A , ~ Nu...iU:.
'II I" NAlh
212609822
WWARlll.
REW
D..:n or 8CMlMIQfi
.- ,-- ---_._--- .-.. ---.------
09,16 INTER/lED-I'IIY TIIERAPY 90
09:16 /lASSAGE 90
09'20 /lASSAGF. 90
09:20 IIDT PACK STANDARD 90
09 '22 UI.TRASDlINlJ PIIY TIlERI' 90
09:22 1I0T PACK STANDARD 90
09:23 EXERCISF.-TIIERAI'EUTIC 90
09.23 /lA5SAGE 90
Q.9:23 1I0T PACK STANDARD 90
09,28 /lASSAGE 90
09+28 1I0T PACK STANDARD 90
09'30 /lASSAGF. 90
09:30 1I0T PIICK STANllARD 90
10'05 UI.TRASOUNll Pity TilERI' 90
10:05 IIDT rACK STANDARD 90
10'07 /lASSAGF. 90
10:07 1I0T PACK STANDARD 90
10:08 /lASSAGE 90
10'08 1I0T I'IICK STANDARD 90
10:12 /lASSAGF. 90
10' 12 1I0T PACK STANDARD 90
10:12 /lASSAGE 90
10' 12' 1I0T rACK STANlJARD 90
,
10.19 /lIlSSAGF. 90
10: 19 1I0T rACK STANDARD 90
10'21 ~ASSAGF. 90
10:21 1I0T PACK STANDARD 90
10'22 /lASSIIGF. 90
10:22 1I0T PACK STANDARD 90
10'26 /lASSAGE 90
,
10,26 1I0T PACK STANllARD 90
10:28 /lASSAGF. 90
10,28 1I0T PACK STANDARD 90
10 :29 EXF.RCISf.-TIIF.RArEUTlC 90
lOJ29 SSAGE-____ ._u.90.
Ir lATE CHlnoES rOl1 SUl'J'!:E5
1<[00\lEAEO OCCIJot YOU'-u.
"ECEI."E AOOTIONAL Blll'",Q
1'''hENI NO
r' or,,) . ~~,.I&
MilKE CliECKS
PIIYIIBLE TO:
';AIlIlANS
n..:"i
I'(;..~ f I,'
Slmll.F. 1lF./llllIl AI. 111151' ITA!.
I'. O. nox 2332
IIARRI5nURG, PA. 17105
717 - 782-3680
1~~~EO~-19{:"~:':~~311~~~':~~1 I.R.S. 23013,.. :..,o2./."T".~1.~.- I
totAL CHARoi- .'SrCOvt:nAOE;. -2N.O COVi"MOE. .--"nrico;"{n.\(j{ _ ~ ~
..,-...-- -----t-.. ---t'. --I
54, 00 ' 54. 00
30: 00 : 30: 00
31l' 00 ' 30' 00
~oo : ~oo
27' 00 ' 27' 00
~oo ~oo
27' 00 27' Oil
, '
30, 00 30. 00
~oo ~oo
moo moo
26: 00 26: 00 I
30' 00 30' Oil I
~oo ~OO
27' 00 27' 00
~oo ~OO
~: ~~
~oo ~OO
~oo ~OO
~oo ~OO
woo WOO
30~ 00 30~ 00
26: 00 26: 00
30. 00 30. 00
26: 00 26: Oil
moo moo
26: DO 26: IlII I
moo moo
~oo ~OO
30' 00 30' 00
~OO ~OO
~OO ~oo
~OO ~OO
27' 00 27' 00
, "
_ .-30,.00_ ___., .._ _I .L._.
,
Fe
Av5.iOj; llJl
. AVOU.~T """:1
(P"" .;, ~A
/"'''.;'.'';
I;, , 1I,r) I"i II ~'
1111'1111 I 111 '111,
2
See Reverse Side If You Have Not Furnished Us
Your Health Insurance Information and/or Forms
.. _ KEEP THIS PORTION FOR YOUR RECORDS
DETACH AND RETURN THIS PORTION WITH PAYMEIIT
1f:.'.';NG oil,
--.., I
, ,
..01101, ,95
III ~,i" II
(lUll'.
111'111, {II,
',0"""';--
(;AIl/IMI!;
I'A',.
;..... "r",;\
I'i~;~.nt.... r -\'.ffif.~,~
,. f), ,('" '.:~
I
SEIIlI.f: HE/Will AI. 11051'1 TAL
I'. O. BOX 2332
IIAIlIlISBIIIlG. PA. 17105
717 - 782-3680
, r I-
s
n
T
0
L_
....'!'Ii Nut,lB.R
2126119822
WI/AlllJ I. REW
1108 I.AUREI, AVI:
(AHI' 1111.1. I'A 17011
"IHi N",",f
REEll EDWARD I.
90
90
90
90
9ll
90
90
90
9ll
90
90
90
90
90
90
90
90
[=~oOM"P=-iQ;~~~i:~31 !~~~~;~:~3J I.R.S. 23.1:~T:~T15
'OTAL CHAnOE -'lsy'c(,vritloE 2Mlc"OiERAGe'"' 3nO COvtllMj[n AVOUW
.. .--. __,_m_ -----.--.--.,.. - .,.. ..., _. ._ ". --"--r'"
26, 00 , 26, 00
27: 00 : 27: 00
3D' 00 , 30' 00
26: 00 ' 26: 00
moo roM
~OO ~OO
woo woo
, ,
~OO ~OO
27; 00 27: 00
26, 00 26, 00
27: 00 27: 00
26' 00 26' 00
27: 00 27; Oll
26' 00 26' 00
~oo ~M
27: 00 :, 27: 00
26, 00 ',26, 00
_____L__ -----~__ ______~__ ______~__ _____L__
I I I I I
1439, 00 ' , '1439' 00
I I I I I
ft_.ftw.... ft.nw~r.re~ ~._....e. "~~...._~ ...._ft.~
, I I I I
,
,
DAlE DtSCRlMIQN
'r' "-'" - .-..----.-..-------.--__
10 ,29 1I0T PACK STANllARD
11 :01 EXERCISE-TIIERAPEUTlC
II '01 HASSAGE
II :01 1I0T PACK STANllA/tll
II '02 HASSAG~:
11 :02 1101 I'ACK STANDARll
II '09 HASSAGE
II :09 1I0T PACt: STANDARD
I~:IO EXERCISE-TIIERAPEIITIC
II ,10 1I0T PACK STANDARD
11 : t2 EXERCISE-TIIERAPEUTlC
11'12 1I0T PACK STANIlARD
II: 16 EXERCISE-TIIERAPEIITlC
II '16 1I0T PACK STANDARD
II: 18 HISC-OTIIER PIIY TIIRf'Y
II '18 EXERC I SE-TIIERAPEUTI C
II : 18 1I0T PACK STANDARIl
lOTAI. CIIARGES
I' LAtE CHARon I'on !iE",,'CES
RE'lOrnEO OCCUA. you \'/lLL
"H:hf A:IDlr'ON"L Rllll'm
TO:TALS ~
,
----_._..L-..- _. _.L._
,
...--
,
_.._..___~I_n__
,
PATIENT PAY
THIS AMOUNT
'717 -.: 782"368(J
1'''111''''' NO I
' I ,t;nQn?? n~FIl
MAKE CHECKS
PAYABLE TO:
....":' "'VE
J:"WAJU I
,
..1_.- _._
1439.0l
AOMISS,(jj-;Sf fMc[
, ,
1,(.
Ai.i6u-~i OUt I
AU&'~~ JA;JJll
09 ' 16 ,93
[)ISClja,r~QF DAI[
., ,
5
~;r_rlJl.I: rtEHOHIAl. II0SI'IlAI.
II ' 18 -9.1
r,::,n.~ ,,~_. '1,
il.
11,1"j(l" (;^lotAU~,
Itll (J(J 111 It I,
I, . '.
111:,1'''
111111'.
01 Ill'. 0',
,Ar',p'''':,ASlif, It.""ill,';(C: ..-fl,:.',
"',"1",
1':'\ t'... ',~ ~
r,c I
5
" J-:lIWARIl I. REUI
,
t 1108 I.AllRE!. AVI:
t
, CA/1P III t.L I'A 17011
0
l
..,.:,~ I; N,jVU~h A IteNl NAt.,lte
212609822 REW EDWARD I.
IA',f
:I
SI: 1111.1: /11:110111 AI. liDSI'I TAl.
1'.0. IIOX 2332
IIARRISllllllli, I'A. 17105
717 782-3680
[-iiOOijN-~. --.i.6i..lijff6' -!'[iSOiinOFU I
.-.-.. ....-- -.- --... I 1-.... 1"- ..,
09,16,93 II, 18,93
~._____ ._. .."..~_ u,__. .. .__._..... _..
_. '..'-- ,,----..-, - ..... -_.._~.. ,-- ---.,.
lOTAL CHAROE 1ST CO'ffnAOE 1'''0 COVEnAOE 3no CO'.Ef\AOE
. ----r.-- .---. .-,...-. '1'-- t
,
,
I.R.S. 23.1352215
OAll
I
SORIAI. SECURITY NO. - 182-46-55 4
HI~TlI ATE - 11/09/54
SEX -
/1ARITA. STATUS - /1
RACE - W
ATTI:Nll NG 1l0CTOR - 97999 ALl. OTl ER
DI~GNO IS - I' 847.0 :
POI. ICY 1I0Llll:R ~:/1PLOYER - /10NTGO ERY WARD
l'O~ICY 1I0WER - NOT ENTER Ell
rNSURA CE COVERAGE
CO. A/1E - SEI.F PAY
REASON FOR VISIT - PIIY TlIERAPY
tlOTE - CERV ICAI. STRAIN
OESCA"'llON
1l02013JE
/999
: GR
P NO.: -
ON~:
pOLICY NO.: - ?
_.__.____.____ __.._l___ ___.,.
"...'ECI'.IlQES.QASE.....CES TOTALS ~ '
RE'1t>EAfD OCCUR YOU WILL
nrr:rrvt AOCWllO'-lAl AUNQ
.. ,J._...
. ,
See Reverse Side If You Have Not Furnished Us
Your Health Insurance Information and/or Forms
KEEP THIS PORT.lON rOR YOUR RECORDS
DETACH ArlO RETURN ThiS PORTION WITH PAYMENT
m::~{I:' ~.v, II o:'l'!.::Ar:5.:):s~":;,{~::L I 5'C ~ j
O'!.CtIAn,H.D"'f I
' ,
SEllll.E I1EHOIlJAI. 1I0SI'IlAI. 11'18'93
717 - 782-3"80'
';"I'l~1 'lU I
, 1 ,,,nQR?? RHIl
MAKE CHECKS
PAYAOLE TO:
PATI[m
Ayour.l
--- ---T"~
,
,
,
,
,
,
,
.--
,
,
PATIENT PAY
THIS AMOUNT
1',1". (II
,,~i;.>V'.1 t'.'!
11,39.(Hi
A'IC'K"~ I 1'10':' ,
I
I
.
.
0111'11< /I .." ", I.' ^,. II -,AI 1111 ~'I'..11 M', ellHIIIlII', ~,t!!orf Mfi ,""C "I lA, (t"'... '^
'0 III ,,1/1"'1, I\d I '''11 1'/1 I '''''' lllltill "0 d.A, ., . ",,", ">1111.'"" 'U<,o\,
EIIIiII .
,
,
-
. ..::;..=.~---- <<-:.-.. ,..:,.. '_.-~;-:-:--
\
SBIDLB MBMORIAL HOSPITAL,
Plaintitt
I IN THI COURT OF COMMON PLIAS
I CUMBeRLAND COUNTY, peNNSYLVANIA
I
I NO. 95-3881
I
I orVZL ACTZON - LAW
I JURY TRIAL DBMAHDBD
I
v.
BDWARD L. RBBD and
DIBRA D. ReID,
Defendants
AHPWBR TO COMPLAINT AND NEW MATTER
.
AI'D NOW, this 27th day of September, 1995, come the
Defendants by and through their attorney, Archie V. Diveglia, and
respectfully represent the followIng:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
, 5. The averments
nor denied in that they
and belief.
in paragraph five can be neither admitted
are out of the scope of their knowledge
6. Denied as stated. It is admitted that the demands for
payment have been made, but Plaintiff has indicated to the
Defendant that he has insurance coverage either through his auto
insurance carrier or to his private health carrier and that
either one or the. other should pay such billing.
7. Admitted.
COUNT I
l'LAIli't.IFF V. BDWARD L.J\B.f;~
O. No answer needed.
9. The allegations are neither admitted nor denied in that
it is unknown to the Defendant what was the expectation of the
Plaintiff in this matter.
10. The averments in paragraph ten denied. The averments
in paragraph ten are conclusions of law to which no further
response is required.
.
11. Admitted.
WHEREFORE, Defendants request Plaintiffs prayer for judgment
.
be dismissed.
COUNT II
nl\INTUF V. DEBRA ReED
12. No answer needed.
13. Admitted.
14. DenIed. The averments in paragraph 14 are denied as a
conclusion of law for which no further response is needed.
15. Denied. The averments in paragraph 15 are denied as a
conclusion of law for which no further response is needed.
16. Denied as stated. It is admitted that the demands for
payment have been made but Plaintiff has indicated to the
Defendant that he has insurance coverage either through hIs auto
insurance carrier or to his private health carrier and that
either one or the other should pay such billing.
2
17. Admitted.
WlIEREFORE, the prayer for relief of the Plaintiffs should be
dismissed.
COUNT III
lL~~NT1FFS V. DEBRA R~~
18. No answer required.
19. Denied as a conclusion of law to which no further
response is needed.
20. Denied as a conclusion of law to which no further
response is needed.
.
21. Denied. Plaintiff has no knowledge as to the
expectation of the Defendant.
22. Denied as stated. It is admitted that the demands for
payment have been made but Plaintiff has indicated to the
Defendant that he has insurance coverage either through his auto
insurance carrier or to his private health carrier and that
either one or the other should pay such billIng.
23. Admitted.
WlIEREFORE, Defendant moves the claims of Plaintiff be
dismissed.
COUNT IV
PLAINTIFF V. EDWARD ReED a~ DEBRA REED
24. No answer required.
25. Denied as stated. It is admitted that the demands for
payment have been made but Plaintiff has indicated to the
Defendant that he has insurance coverage either through his auto
3
insurance carrier or to his private health carrier and that
either one or the other should pay such billing.
WHEREFORE, Defendant moves this Honorable Court to dismiss
all claims of the Plaintiff.
lIew MATTBR
The averments from paragraphs 1 through 25 are incorporated
herein and made a part hereto.
26. The services rendered by the Plaintiff to the
Defendant, Edward L. Reed, were believed by the Defendant to be
.
services related to problems he had relating to a heart attack in
August of 1993. However, Plaintiffs' health care carriers
indicated that it is of the opinion that the treatments and
expenses were related to an automobile accident incurred by the
Plaintiff on september 20, 1992 and has denied coverage on that
basis.
. 27. Plaintiff believes that his auto insurance company is
on notice as to this pending claim by the Plaintiff, but that the
auto insurance company has yet to render a decision as to
payment.
28. Regardless as to whether the services rendered by the
Plaintiff were related to the Defendant's heart attack or to the
Defendant's automobile accident injuries, there is insurance
coverage to provide payment and PlaintIff has fIled a thIrd party
Complaint against each Defendant which is attached hereto.
4
WHEREFORE, Defendants move this 1I0norllble Court to dismiss
the claims of Plaintiff.
Respectfully submitted,
DIVEGLIA and KAYLOR, P.C.
DATED:
t'f-7,,1-fr
.
By:
Archie V. Diveglia, squire
Attorney 1.0.#17140
119 Locust street
Harrisburg, penns lv nia 17101
(717) 236-5985
Attorney for Defendants
.
5
VERIFICATION
The foregoing Answer to Complaint and New Matter is based
upon information which has been gathered by our counsel in the
preparation of the lawsuit. The language of the Answer to
Complaint and New Matter is that of counsel and not our own. We
have read the Answer to Complaint and New Matter and to the
extent that it is based upon information which we have given to
our counsel, it is true and correct to the best of our knowledge,
information and belief. To the extent that the content is that
..
of counsel, we have relied upon counsel in making this
.
verification. This statement and verification are made subject
to the penalties of Pa.C.S. section 4904 relating to unsworn
falsification to authorities, which provides that if we make
knowingly false averments, we may be subject to crimInal
penalties.
Dated: 'Ij~1/~
ED~~~
~~))~
ORAD. REED
~RrIFICATB OF SERVICB
AND NOW, this 27th day of september, 1995, I, Bethany A.
King, for Archie V. Diveglia, Esquire, hereby certify that a copy
of the foregoing Complaint was served by depositing the same in
the United states Mail located in Harrisburg, PA, postage
prepaid, addressed to the following:
Arthur A. Kusic, Esquire
4201 Crums Mill Road
P.O. Box 67015
Harrisburg, PA 17112
.'
.
Bethany Ar ing, Secret
Archie v."r iveglia, Esq
DIVEGLIA & KAYLOR, P.C.
of
e and
7.:
c-
r-
....
~; ~..
., -
.
.,
..1
..
....
<TI
-
,-
("-.l
c>-
....
..'->
\
I
I
\
I
,
,
... -
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1995-03881 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SEIDLE MEMORIAL HOSPITAL
VS,
REED EDWARD L ET AL
R. Thomas Kline
. Sher~ff. who being duly sworn according
to law, says, that he made a diligent search and inqu~ry for the within
named defendant. to wit: HEALTH AMERICA OF CENTRAL
PENNSYLVANIA
but was unable to locate
deputized the sheriff of
Them
in his bailiwick. He therefore
County. Pennsylvani3.
DAUPHIN
to serve the w1thin COMPLAINT
On October
5th. 1995
this office was in receipt of
County. Pennsylvania.
the attached return from
DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
DAUPHIN COUNTY
So answers: _ ~
/ ~>
;/ l-'~-_ _ -/ -'
d~Fi~~-at;~.Ki~~e..
- -;::-
~;;;
Sher~11
18.00
9.00
2.00
30.50
159.50 ARCHIE SIVEGLIA
10/0511995
Sworn and subscr~bed to before me
this II!!- day of _c~~a......
19 ~-.,. A. D.
~. .
l~ ~_. .~ .If'
,1 ~ r~ota*
, .."........"".-............... .'.;.....
-. . C -I . - I d.' ? I
1M I nE'J Court or .::mmO:1 r s:::s or \..:.Jr"::"-:.:!t'l:::n '-'::L::-;~'Y,' anr:sY'lr:::ni::
Edward I.. Reed and Debra D. Reed
'IS.
Health America of Centcal Pennsylvania
~o.
Q~-~AB] ri"il T~rm
.~
---, ---
~ow, iSfltQmgOr 20, ]\)Oe:;
:9--. r. S~..!::: O~ C~r.3z:?.!.A.'ID COt..,.,TY. ?~ co
==-..by li.:=u= t!:: Sh==.5" ai
n:l'lphi n
C.:.u::ty :0 :::::-.:t: .:.~. '.V:::,
:::s =-"7u== =~ -....:- U == ~ ~d :=..!k oi :::: ?,..:_=.
~'?/.-d ~
/J~ {~
.5l1e..~ =t S::::!lu'..:u:d C~u.:Q'. ;>:1.
.3. ;:;:;da."1it Or Sem~
So =w=.
Shc:::a' oi
Cowlt'r. ?~
==:.:::s_oyoi_
!9_
cosn
sn....."!c:z
~~~.GE
.-\:: JJJA'Vu
oS
Swot:: :md S"oI!:sc:-:b:d cccrc
-
s
t_.._.
-.
.
.
COMMONWHAI:I'1l OF I'I'NNA:
COUNTY 0... DAlJPIIIN:
HIIHH1......'S R~:TlIRN
NO. 95-3881 Civil Term
PAlm
8
[
"
I;
';
AND NOW:
Oct. 2nd
III 95 ,lit 1:19 P. ~1.
SI-:HVEIl Till'
WITHIN _~p.!alll~~f.._D.~f~~~<!l1ts .i\galnstMdl~Il?nal Defendants and ,Notice. UPON
Health America of Central Pa.
IIY PEHSO:-;AI.I.Y
IlANDING '1'0
Charles Mills, Securlty supervlser and person ln charge
at tlme of servlce
A TRUE ATTESTED COPY OF TilE ORIGINAl. Complaint of Defendants Against AddHional
Defendants and Notlce
AND MAKING KNOWN TO hlm THE CONTENTS THEREO'" AT hls place
of buslness, 2601 Commerce Court Bldg. Harrisburg, Pa.
r
!
SO ANSWERS
n'~~ fl. ~~~
SHERIFF OF DAUPHIN COUNTY, PCNNA
ll\'_ ,.. f}l,;~ _~~"t;:-
~EPlIT\' SlltHIF'"
Sworn and subsel' j t)l,d l ()
b3~;~?~:~ J:. !X',Oo\ ,.,
J ~ . (.vWlUL..
PHOTIIONOTAHY
95
HIlEHI.......S COST ....3JSO
H'IA
\.
. .
IN TilE COUHT OF emlt.ION PLEM;
CU~1I3EHLANlJ COUNTY, PENNSYI.V N IA
CIVIL ACTION _ fthW
NO. 95- JIHl1
SEIDLE MEMOHIAL 1I0SPI'I'AL
V.
EDWAHD L. HEED and
DElmA D. HEED
V.
1I0RACE MANN INSURANCE COMPA
and IIEAL1'1I MlEHICA OF CENTR
PENNSYLVANIA
ANSWER TO NE~1 MATTER
CERTIFICATE OF SEHVICE
_ 1 nt:reiJ',' u'rtlfy lhr!t the 'tIiiHlin
:.J -li.'ll{ IS it lrW.' JwJ Lont?';t cupy
Of t;l-' orlg;n;;1 fil~d in ttllS ."tl(;(1.
~Oll Me t'~I~by 1I0111,e.l (0 plCJd 10
d!.; '....!lIHl ..Cll'rll~qt Wlttll!1 20 d'IS
01 "'C", .... 0'1 fJullju.Jlmcnt Il1"Y
be ,'/ I.red again:;! iOU.
_ Jllf! Ill..1 I..Uflllld-!d.
_ .'olt,Jrfiey I...;, .""._.__
ARTHUR A, KUSIC
ATTORNEY AT LAW
4201 CHUMS M'LL ROAO
P.O. Bo, 67015
HARRISUUf'G, PENNSYlVAtlIA 17106-7015
(717) 540.5610
.
I'.
'II
,"
*
*
*
*
*
*
*
*
*
*
*
HORACE KAHN INSURMlCE CO., *
and HEALTH AMeRICA OF CENTRAL *
PENNSYLVANIA, *
AddItIonal Detendants *
SIIDLB MBMORIAL HOSPITAL,
PlalntlU
v.
EDWARD L. RleD and
DeBRA D. RleD,
Datandant.
v.
IN THE COURT OF COMMON PLEAS
CUMBIRLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 95-3881
MlSWER TO NEW MATTER
AND NOW comes Plaintiff by and through its attorney Arthur A.
Kusic, Esquire and, incorporating herein by reference thereto the
averments set forth in paragraphs 1 through 25 of Plaintiff's
heretofore filed Complaint, respectfully represents its Answer to
New Matter as follows:
26. Neither admitted not denied since whatever Defendant
Edward L. Reed believed is under the control of said Defendant, an
adverse and hostile party. However, Plaintiff's Billing statements
reflect, inter alia, physical therapy treatment, massage, and hot
packs. By way of further answer, whatever treatments Defendants'
Insures do or do not cover is between Defendants and their
Insurers.
27. Neither admitted not denied since whatever Defendant
Edward L. Reed believed is under the control of said Defendant, an
adverse and hosti 1e party. By way of further answer, whatever
Defendants and their Insurers.
treatments Defendants' Insures do or do not cover is between
28. Neither admitted nor denied since whatever treatments
Detendants' Insures do or do not cover is between Defendants and
their Insurers. Plaintiff admits that Defendants have filed a Third
Party Complaint against certain Insurers. By way of further answer,
P1aintift avers that defendants bear the primary responsibility to
pay Plaintiff for services rendered.
WHEREFORE, Plaintiff prays your Honorable Court to enter
Judgment in its favor and against Defendants Edward L. Reed and
Debra D. Reed in the amount of $1,439.00 along with interest at the
rate of 6% per annum and the costs of this proceeding.
---------
ESQuIRE
Roa
17112
r
SIIDLB MBMORIAL HOSPITAL, * IN THE COURT OF COMMON PLEAS
plalntltt * CUMBeRLAND COUNTY, PENNSYLVANIA
*
v. * CIVIL ACTION - LAW
* NO. 95-3881
EDWARD L. RIBD and *
DEBRA D. RIED, *
Detendants *
*
v. *
HORACE KAHN INSURMlCE CO. and *
HBALTH AMIRICA OF CENTRAL *
PENNSYLVMlIA, *
AddItIonal Detendants *
V E R I FIe A T I 0 N
I, HARRY A. PARK
the SUPERVISOR. OFG6@fRcfI~N
of the Seid1e Memorial Hospital verify that the statements made
in the Answer to New MAtter are true and correct and that I am
authorized to make this Verification on behalf of Seid1e Memorial
Hospital. I understand that false statements herein are subject
to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn
falsification to authority.
SE::~E ME~OYAL 7JZ
~RY A. PARK
DATE: 10/5/95
v.
EDWARD L. REED and
DEBRA D. REED
:
i --,
\ .
SEIDLE MEMORIAL HOSPITAL
Plaintiff
: IN THE CaUR) or COMMON PLE:AS
: CUMBERLAN190UNTY. PENNSYL VANIA
:
: CIVIL ACTION - LAW
: NO. 95-3881
r
:
V.
HORACE MAN~_~~SY~~~CE CO. and
HEALTH AMFfR'tt"^n'OY' CENTRAL
PENNSYLVANIA,
Additional Defend~IFICATE OF SERVICE
:
:
I. Arthur A. KUSIC. Esquire. do hereby certify that on
thIs
11th
day of Octiber.
. 19.95. I placed in the United
States Mail true and correct caples of
Answer. to.NewMAtter. ""
with.first class postage affixed and
addressed to following:
Archie V. Diveg1ia, Esquire
DIVEGLIA AND KAylor, p.c.
119 Locust Street
HArrisburg, PA 17101
C. ESQUIRE
rums M' I'/Road
P.O. Box 11585
Harrisburg. PA 17112
(717) 540-5610
Attorney for the PlaIntiff
Supreme Court 1.0. 07207
~.
RHP/PLDG/#242180.1/102395
4
,..
IN THB COURT OF COMMON PLIA8 OF
CUMBIRLAHD COUNTY, PENNSYLVMlIA
CIVIL ACTION - LAW
l
SEIDLE MEMORIAL HOSPITAL,
Plaintitf
I
.
v.
No. 95-3S81
EDWARD L. REED and
DEBRA D. REED,
:
Defendants
:
v.
.
.
.
.
HORACE MANN INSURANCE CO.,
and HEALTH AMERICA OF CENTRAL
PENNSYLVANIA,
Additional Defendants
JURY TRIAL DEMANDED
ENTRY OF APPEARANCB
TO THE PROTHONOTARY:
Please enter the appearance of Ronald H. Pollock, Jr.,
Esquire on behalf of Defendant Horance Mann Insurance Co. in the
above-captioned matter. Serve all papers at 126 East King
Street, Lancaster, Pennsylvania 17602.
I HEREBY CERTIFY that I have this day served a true and
correct copy of this praecipe by first class mail, postage
prepaid, upon Archie V. Diveglia, Esquire.
(
BARLEY, SNYDER, SENFT & COHEN
Date: r{2."z:-et--v d/ 3, /99.r .
By: 1t4J1r~
Ronald H. Pollock, Jr.
Attorneys for Defendant
Horace Mann Insurance Co.
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
Court 1.0. No. 52586
126 East King street
Lancaster, PA 17602-2893
(717) 299-5201
Court 1.0. No. 52586
102395
-
CERTIrICATI or SBRVICB
I HEREBY CERTIFY that I am this day serving a copy of the
foregoing Entry of Appearance by first class mail, postage pre-
paid, addressed as follows, to:
.
i
r
,
,
,
,
,
Archie V. Diveg1ia, Esquire
Diveglia and Kaylor, P.C.
119 Locust street
Harrisburg, PA 17101
BARLEY, SNYDER, SENFT & COHEN
d) -#- ~//Ul1?' ,I't/'
Date:("VA'Z~-e-f./ ~ 3, /99s- By: //' {tl"/ vI
I
Ronald H. Pollock, Jr.
Attorneys for Defendant
Horace Mann Insurance Co.
-:......
\
. ,
=
n
-I
r....)
W
oJ
....
-.J
::>=
.' -
~
RHP/245707.1/111595
IN THB COURT OF COMMON PLIAB OF
CUMBIRLMlD COUNTY, PBNNSYLVANIA
CIVIL ACTION - LAW
.
,.
SEIDLE MEMORIAL HOSPITAL,
Plaintiff
v. No. 95-38S1
EDWARD L. REED and
DEBRA D. REED,
Defendants
v.
:
HORACE MANN INSURANCE CO.,
and HEALTH AMERICA OF CENTRAL :
PENNSYLVANIA,
Additional Defendants
.
.
JURY TRIAL DEMANDED
.
.
.
.
ANSWER AND NEW MATTER OF ADDITIONAL DEPEHDMlT
HORACB MANN INSURANCB CO.
1. Denied. After reasonable investigation, Defendant is
without knowledge and information sufficient to form a belief as
to the truth of the averments of paragraph 1, and strict proof
thereof is demanded. By way of further answer, a copy of Exhibit
"A" is not attached to the copy of the complaint in possession of
Additional Defendant.
2. Denied. After reasonable investigation, Defendant is
without knowledge and information sufficient to form a belief as
to the truth of the averments of paragraph 1, and strict proof
thereof is demanded. By way of further answer, a copy of Exhibit
"B" is not attached to the copy of the complaint in possession of
Additional Defendant.
3. Admitted.
4. Denied. After reasonable investigation, Defendant is
without knowledge and information sufficient to form a belief as
to the truth of the averments of paragraph 4, and strict proof
thereof is demanded.
5. Denied. After reasonable investigation, Defendant is
without knowledge and information sufficient to form a belief as
to the truth of the averments of paragraph 5, and strict proof
thereof is demanded. By way of further answer, Plaintiff's
complaint is not attached to the Complaint which is in the
possession of Answering Additional Defendant.
COUNT I
6. Denied. Additional Defendant hereby incorporates by
reference paragraphs 1 through 5 of this Answer and New Matter as
if fully set forth herein at length.
7. Denied as stated. It is admitted that Plaintiff Edward
Reed was insured by Horace Mann for automobile insurance. It is
denied that any automobile accident or injuries arising out of an
automobile accident are involved in this case. By way of further
answer, the averments of paragraph 7 are denied as they contain
conclusions of law to which no responsive pleading is required.
8. Denied. The averments of paragraph 8 are denied as
they contain conclusions of law to which no responsive pleading
is required.
-2-
9. Denied. After reasonable investigation, Answering
Defendant is without knowledge or information sufficient to form
a belief as to the truth of the averments of paragraph 9, and
strict proof thereof is demanded. It is specifically denied that
payments were made for the bills which are at issue in this
lawsuit.
10. Denied. The averments of paragraph 10 are denied as
stating conclusions of law to which no responsive pleading is
reguired. By way of further answer, it is specifically not
denied that Additional Defendant had notice as to any billing
related to any injuries sustained in an automobile accident.
11. Denied. It is specifically denied that the Answering
Additional Defendant has any idea what Defendant was told by his
health insurance carrier. By further answer, the averments of
paragraph 11 are denied as stating conclusions of law to which no
responsive pleading is required. After reasonable investigation,
Additional Defendant is without knowledge or information
sufficient to form a belief as to the truth of the remaining
averments of paragraph 11, and strict proof thereof is demanded.
WHEREFORE, Additional Defendant, Horace Mann Insurance Co.,
respectfully requests this Honorable Court to dismiss Count I of
Defendant's Complaint with prejudice.
-3-
COUNT :n
12-18. The averments of paragraphs 12-18 inclusive are
directed to Defendants other than Answering Additional Defendant
and no responsive pleading is required.
NEW MATTER
19. The medical bills which are the subject of this lawsuit
are not covered by the policy of insurance by any policy of
insurance issued by Additional Defendant to Defendants.
20. Additional Defendant Horace Mann Insurance company has
not received notice that any medical bills submitted to it by
Defendants are related to injuries sustained in an automobile
accident.
21. Defendant has therefore breached insurance contract
with Additional Defendant.
22. Additional Defendant reserves the right to assert any
defenses based upon its insurance contract with the Defendant.
WHEREFORE, Additional Defendant Horace Mann Insurance
company requests judgment in its favor and against all other
parties to this action.
CR08SCL~IM PURSUANT TO P~. R.C.P. 22521d)
23. paragraphs 1 through 22 are incorporated herein by
reference.
-4-
E
24. Liability on the part of Additional Defendant Horace
Mann Insurance company is specifically denied. If the averments
contained in Defendant's complaint are established, said
averments being specifically denied as they may relate to
Additional Defendant Horace Mann Insurance Company, then the
damages complained of were caused solely or in part by AdditIonal
Defendant Health America of Central Pennsylvania.
25. In the event of a finding of liability against
Additional Defendant Horace Mann Insurance Company, AdditIonal
Defendant Horace Mann Insurance Company hereby asserts its full
rIghts to indemnification and contribution against Additional
Defendant Health America of Central Pennsylvania, on the basis
that they are loan liable, over or jointly and severally liable
to Defendant and/or Plaintiff in this action.
Date: IIln/fir
I I
BARLEY, SNYDER, SENFT & COHEN
By: -11/i(~jI-!I1/"/)
Ronald H. Pollock, Jr.
Attorneys for Additional
Defendant Horace Mann
Insurance Co.
126 East King street
Lancaster, PA 17602-2893
(717) 299-5201
Court 1.0. No. 52586
-5-
VBRIFICATION
I, RONALD H. POLLOCK, JR., hereby verify that I am the
attorney for Additional Defendant Horace Mann Insurance Co., and
as such I am authorized to make this Verification on its behalf,
and that the facts set forth in the within Answer, New Matter and
Counterclaim are true and correct to the best of my knowledqe,
information and belief.
This Verification is made subject to the penalties of 18 Pa.
C.S. Section 4904 relating to unsworn falsification to
authorities.
Date:
/1 //7 /rr--
J '
-r~~t
Ronald H; Pollock, Jr.
ceRTIFICATe OF seRVIce
I HEREBY CERTIFY that I am this day serving a copy of the
foregoing Answer, New Matter and Counterclaim by first class
mail, postage pre-paid, addressed as follows:
Arthur A. Kusic, Esquirs
4201 Crums Mill Road
Harrisburg, PA 17112
Attorneys for PlaIntiff
Archie V. Diveglia, Esquire
Diveg1ia and Kaylor, P.C.
119 Locust street
Harrisburg, PA 17101
Attorneys for Defendsnts
Date: 11/17/'11'
BARLEY, SNYDER, SENFT & COHEN
By: a--f/ ii/fr-./vJ
Ronald H. Pollock, Jr.
Attorneys for Defendant
Horace Mann Insurance Co.
126 East King street
Lancaster, PA 17602-2893
(717) 299-5201
Court I.D. No. 52586
.-
., ,-
..
(.... ~.
'"
"<, r
~:~, 'I
_T -I,,,
~ \"
...;'
1< -' -.C
~~: -~:::;
t:~-
"""
,-
'-'
'-'
u
-U
=
:~~1~1"
u::>
<.r1
i;: r- --
r~-
,- N
f::-: ..~ . '.,~
lU[~ '-j-'"
C)';:. ::~~
p:' ,,-
<.'-. ~ ';r:-"~
<)( -
,::) ':,r,
8L.. ! ~';
Et. n L )f,~
1.'.. ~ td.
j.. u..
1'_ \,~ :::;
CJ {.i"1 0
t~
...
\--'
..
.~
. ~
.1 ';
*
.'
SBIDLB MBMORIAL HOSPITAL,
Plaintiff
: IN THB COURT OF COMMON PLBAS
CUMBBRLAND COUNTY, PBNHSYLVANIA
v.
: NO. 95-3881
BOWARD L. RBBO and
DBBRA D. RBBO, CIVIL ACTION-LAW
v.
HORRACB MANN INSURANCB CO., :
and BBALTH AMBRICA OF CBNTRAL:
PBNHSYLVANIA,
Defendants
HOTICR TO PUlAn
TO: Bdward L. Reed and Debra D. Reed
and Horrace Mann Insurance Company
YOU ARB BBRBBY NOTIFIBO to plead to the enclosed New Matter
and Cross Claim of the Defendant, HealthAmerica Pennsylvania,
Inc., within twenty (20) days of service hereof, or a default
judgment my be entered against you.
Date:~- \(0'11:.,
SRIDLB MBMORIAL HOSPITAL,
Plaintiff
IN THE COURT OP COMMON PLBAS
CUMBBRLAND COUNTY, PBNNSYLVANIA
:
v.
: NO. 95-3881
BDNARD L. RBBD and
DBBRA D. RBBD,
:
v. :
CIVIL ACTION - LAW
HORRACB MANN INSURANCB CO., :
and HBALTH AMBRICA OP CBNTRAL :
PENNSYLVANIA,
!
~ .
Defendants :
ANSWER AND HRIf MATTRR OP ADDITIONAl. DRFRNDAN'I'
HRAJ.'I'RllMRRICA PRNNSYLVANTJI.. INC. AND
CROSS CLllIM PDRmIl1N'1'TO PA R.C.P. 2252ldl
AND HON, comes Additional Defendant, Hea1thAmerica
Pennsylvania, Inc. by and through its attorney's, the Law Offices
of Darrell C. Dethlefs, and respectfully represents the
following:
1. Admitted.
2. Admitted.
3. The averments contained in paragraph 3 is neither
admitted nor denied, all information concerning this allegation
being within the exclusive possession and control of Defendant
and Additional Defendant, Horrace Mann Insurance Company.
4. Admitted in part and denied in part. It is denied that
the Additional Defendant is Health America of Central
Pennsylvania, the appropriate entity is Hea1thAmerica
Pennsylvania, Inc. It is admitted that HealthAmerica
Pennsylvania, Inc. is a business corporation licensed to transact
health insurance coverage in the Commonwealth of Pennsylvania and
has an address located at 2601 Market Place Street, Harrisburg,
Pennsylvania 17110-9339.
~..
L
5. Denied. After reasonable investigation, defendant is
without knowledge and information sufficient to form a belief as
to the truth of the averments incorporated by paragraph 5, and
thus strict proof of the averments is demanded at time of trial.
COUNT I
6-11. The averments of paragraphs 6 through 11 inclusive
are directed to defendants other than answering additional
defendant, Hea1thAmerica Pennsylvania, Inc. and thus, no
responsive pleading is required by answering additional
Defendant, Hea1thAmerica Pennsylvania, Inc.
COUNT II
12. Admitted. It is admitted that Hea1thAmerica
Pennsylvania, Inc., is the HMO for Edward and Debra Reed.
13. Denied. It is specifically denied that HealthAmerica
Pennsylvania, Inc. was presented with a claim from the Plaintiff,
Seidle Memorial Hospital, as early as November 19, 1994. It is
further denied that the Defendant, Hea1thAmerica Pennsylvania,
Inc. failed to provide the Defendant, Edward L. Reed, with a
notice of reasons for denial of any properly presented claim.
Proof to the contrary is demanded at time of trial.
~, .....~"..-'" .~_...,--::;
14. Denied. Defendant denies that Bdward L. Reed had only
an oral advisement that the claim had not been paid because it
was believed to be related to the motor vehicle accident of
September 20, 1992. By way of further response Defendant denies
that the implication that only an oral advisement is
insufficient. Proof to the contrary is demanded at time of
trial.
15. Denied. The averments contained in paragraph 15 state
conclusions of law to which a response is not required. However,
if it is judicially determined that a response was required, then
it is specifically denied that HealthAmerica Pennsylvania, Inc.
does not have a medical basis for said denial. Proof to the
contrary is demanded at time of trial.
16. Denied. The averments contained in paragraph 16 state
conclusions of law to which a response is not required. If it is
judicially determined that a response was required, then
Additional Defendant, HealthAmerica pennsylvania, Inc. denies
that it does not have a physician's report indicating the basis
of the denial of the claim. Proof to contrary is demanded at
time of trial.
17. Denied. The averments contained in paragraph 17 state
conclusions of law to which a response is not required. If it is
determined that a response was required, then it is specifically
denied that additional Defendant, HealthAmerica Pennsylvania,
Inc. has duty under the contract with defendant to pay for such
..-,.,-~~."
billing. It is further denied that its failure to pay is a
breech of its agreement with Defendant. proof to the contrary is
demanded at time of trial.
lB. Denied. The averments contained in paragraph 1B state
conclusions of law to which a response is not required. If it is
determined that a response was required, then it is specifically
denied that the failure of Additional Defendant, Health America
Pennsylvania, Inc. to either payor supply written notices
as to the reason of its failure to pay the billing of Seidle
Memorial Hospital is contrary to unfair insurance practice act of
the Commonwealth of pennsylvania. It is further denied that the
aforementioned is an act of bad faith entitling plaintiff
punitive damages. Proof to the contrary is demanded at time of
trial.
WHEREFORE, Additional Defendant, HealthAmerica Pennsylvania,
Inc. respectfully requests that judgment be entered in favor of
Additional Defendant, HealthAmerica pennsylvania, Inc. and
against Defendant, Edward L. Reed and Debra D. Reed.
NEW MA'l"l'BR.
19. The medical bills which are the subject of this lawsuit
are not covered by the policy of insurance by any policy of
insurance issued by Additional Defendant, HealthAmerica
Pennsylvania, Inc. to Defendants.
20. Additional Defendant, Hea1thAmerica Pennsylvania, Inc.
has not received notice that any medical bills submitted to it by
Defendants are related to injuries covered by a policy of
insurance with Hea1thAmerica Pennsylvania, Inc.
21. Defendants have therefore breached their insurance
contract with Additional Defendant, Hea1thAmerica Pennsylvania,
Inc.
22. Additional Defendant, Hea1thAmerica Pennsylvania, Inc.
reserves the right to assert any defenses based upon its
insurance contract with the Defendant.
WHBRBFORB, Additional Defendant Hea1thAmerica Pennsylvania,
Inc. requests jUdgment in its favor and against all other parties
to this action.
CROSS C'T.Il.IM PUR,clUANT TO PA. R.C.P. 2252ldl
23. Paragraphs 1-22 are incorporated herein by reference.
24. Liability on the part of the Additional Defendant,
Hea1thAmerica Pennsylvania, Inc. is specifically denied. If the
averments contained in Defendant's complaint are established said
averments being specifically denied as they may relate to
additional Defendant, Hea1thAmerica Pennsylvania, Inc. then the
damages complained of were caused solely or in part by the
Additional Defendant, Horace Mann Insurance Company.
:\
25. In the event of a finding of liability against the
additional Defendant, Hea1thAmerica Pennsylvania, Inc. additional
Defendant, Hea1thAmerica Pennsylvania, Inc. hereby asserts its
full right to indemnification and contribution against additional
Defendant, Horace Mann Insurance Company, on the basis that
Horace Mann Insurance is alone liable. or in the alternative
jointly and severally liable to Defendant and/or Plaintiff in
this action.
Date:.;;!- l(,_cfb
LAW OFFICES OF DARRBLL C. DBTHLBFS
By: 'u1//lmO J .fT1J~,,,
MJ.chael J. tioilfrl- Bsquire
Attorney for Addi~ional Defendant,
HealthAmerica Pennsylvania, Inc.
Attorney ID# 58851
Wagner Building-Suite 205
355 North 21st Street
Camp Hill, PA 17011
(717)975-9446
VERIFICATION
I hereby verify thllt the stlltements of fllct mllde In the foregoIng
Answer, New MlItter IInd Cross CIlIlm lire true IInd correct to the best of my
knowledge, Information IInd belIef. I understand thllt any false stlltements
thereIn are subject to the crlmlnlll penalties contained In 18 PII. C.S. 6
4904, relating to unsworn flllslflclltlon to authoritIes.
:il'r/m<rJi..m, }L ",~M
N. Timothy IIrnesche1l1,
VIce PresIdent, General Counsel
JlealthAloorica l'l;onnsylvAlulI, Inc.
Dated:
CRRTIFICATR OP SRRVICR
Il,
AND NOW, this It::, day of ~, 1996, I do hereby
certify that a true and correct copy of the foregoing ANSWBR, NBN
MATTBR AND CROSS CLAIM has been served upon the following by
depositing a true and correct copy in the United States Mail, at
Camp Hill, Pennsylvania, addressed as follows:
Arthur A. Kusic, Esquire
4201 Crums Mill Road
Harrisburg, PA 17112
Attorney for Plaintiff,
Seidle Memorial Hospital
Ronald H. Pollock, Esquire
126 East King Street
Lancaster, PA 17602-2893
Attorney for Defendant,
Edward L. & Debra D. Reed
Archie v. Diveglia, Esquire
119 Locust Street
Harrisburg, PA 17101
Attorney for Additional Defendant,
Horrace Mann Insurance Company
Respectfully Submitted,
LAW OFFICES ?F DARRELL C.. DfjB! ,
/1/7' / r; /7 /
By: /,1/ l (t, {.. 11..- ,../
Michael J. Py~ sh" squire
Attorney ID# ~8851
Wagner Building-Suite 205
355 North 21st Street
Camp Hill, PA 17011
(717)975-9446
CBRTIFICATE OF SBRVICB
-'"
I
AND NOW, this ~ day of ~, 1996, I do hereby
certify that a true and correct copy of the foregoing ANSWBR, NEW
MATTBR MID CROSS CLAIM has been served upon the following by
depositing a true and correct copy in the United States Mail, at
Camp Hill, Pennsylvania, addressed as follows:
.'
Arthur A. Kusic, Esquire
4201 Crums Mill Road
Harrisburg, PA 17112
Attorney for Plaintiff,
Seidle Memorial Hospital
Archie V. Diveglia, Esquire
119 Locust Street
Harrisburg, PA 17101
Attorney for Defendant,
Edward L. Reed and Debra D. Reed
,
Ronald H. Pollock, Esquire
126 East King Street
Lancaster, PA 17602-2893
Attorney for Additional Defendant,
Horrace Mann Insurance company
I
By:
Respectfully su~ed,
OFF~~ES OF D~E/:7:J THLEFS
/ . ;1,dCJ' Q. .~
Michael J.
Attorney I # 1
Wagner Building-Suite 205
355 North 21st Street
Camp Hill, PA 17011
(717)975-9446
LAW
RHP/259309.1/022396
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SEIDLE MEMORIAL HOSPITAL,
Plaintiff
No. 95-3881
vs.
EDWARD L. REED and DEBRA
D. REED,
Defendants
vs.
HORACE MANN INSURANCE CO.
and HEALTHAMERICA OF CENTRAL
PENNSYLVANIA,
Additional Defendants
JURY TRIAL DEMANDED
ADDITIONAL DEFENDANT HORACE MANN INSURMlCE CO.'S
REPLY TO CROSSCLAIM PURSUANT TO PA. R.C.P. 2252ldl
OF HEALTHAMERICA OF PENNSYLVANIA. INC.
23.-25.
The averments of paragraphs 23 through 25
inclusive are denied as stating conclusions of law to which no
responsive pleading is required.
BARLEY, SNYDER, SENFT & COHEN
By: -/!d:/) AtIl/1
Ronald H. Pollock, Jr., Esq.
Attorney for Defendant
Horace Mann Insurance Co.
126 East King Street
Lancaster, PA 17602-2893
(717) 299-5201
LD. No. 52586
veRIFICATION
I, RONALD H. POLLOCK, JR., hereby verifY that I am the
attorney for Additional Defendant Horace Mann Insurance Co., and
as such I am authorized to make this Verification on its behalf,
and that the facts set forth in the within Reply are true and
correct to the best of my knowledge, information and belief.
This Verification is made subject to the penalties of 18 Pa.
C.s. section 4904 relating to unsworn falsification to
authorities.
Date:
JP;h(
I
7y~/~~
Ronald H. Pollock, Jr.
-,
CERTIFICATE OF SERVICe
I HEREBY CERTIFY that a true and correct copy of Additional
Defendant Horace Mann Insurance CO. 's Reply to crossclaim
pursuant to Pa. R.C.P. 2252(d) of Hea1thAmerica of Pennsylvania,
Inc. has been served this .)\ day of February, 1996, by first
class mail, postage prepaid, upon:
Arthur A. Kusic, Esquire
4201 Crums Mill Road
Harrisburg, PA 17112
Archie V. Diveglia, Esquire
119 Locust street
Harrisburg, PA 17101
Michael J. Pykosh, Esquire
Wagner Building -- suite 205
355 North 21st street
camp Hill, PA 17011
BARLEY, SNYDER, SENFT & COHEN
BY:~/~~-
Ronald H. Pollock, Jr., Esq.
Attorney for Defendant
Horace Mann Insurance Co.
126 East King street
Lancaster, PA 17602-2893
(717) 299-5201
I.D. No. 52586
Cl \.~) ')
C. U) '"
~. ..., .,
r;~, ..q
, ~.) .:?]
~ .) ,'r:'t
t:'1 A
,
.' ....., --;'1
- :: :1)
.("')
,. jnl
,. ',-'1
"i
" . C', :.~
0
*
*
*
*
*
*
*
*
*
*
*
HORRACE MANN INSURANCE CO. *
and HEALTH AMERICA OF CENTRAL *
PENNSYLVANIA, *
Additional Defendants *
SEIDLE MEMORIAL HOSPITAL,
plaintiff
v.
EDWARD L. REED AND
DEBRA D. REED,
Defendants
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95-3881
,
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above captioned matter settled, satisfied and
Discontinued.
RESPECTFULLY SUBMITTED:
~~.
ARTHUR. C, ESQUllre--..
4201 Crums Mill Road
Harrisburg, PA 17112
(717) 540-5610
supreme Court No. 07207
Attorney for Plaintiff'
.
AR V. DIVE I, ESQUIRE
DIVEGLIA AND KAY'O , P.C.
119 Locust Stre t
Harrisburg, PA
(717) 236-5985
Attorney 1.0. # 17140
Attorney for Defendants
~)p~
Ronald H. P~~Ck, Jr., Esquire
BARLEY, SNYDER, SENFT & COHEN
126 E. King Street
Lancaster, PA 17602-2893
(717) 299-5201
Attorney for Additional
Defendant Horrace Mann
Insurance Co.
205
r', J;:' ,-)
_oJ ;
"
," -,.,
-, :-.
i;,
I -..:J
C,.' a
...... " ,
~:,
. , ;, ;
":1 i.1
:., )
. D .~