Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA628310
`ESTTA Tracking number:
`09/20/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92058997
`Defendant
`Medpay Systems, Inc.
`TODD WENGROVSKY
`LAW OFFICES OF TODD WENGROVSKY PLLC
`285 SOUTHFIELD ROAD, BOX 585
`CALVERTON, NY 11933
`UNITED STATES
`contact@twlegal.com
`Motion for Summary Judgment
`Todd Wengrovsky
`contact@twlegal.com
`/Todd Wengrovsky/
`09/20/2014
`Medpay TTAB SJ Notice of Motion 09182014.pdf(59578 bytes )
`Medpay TTAB SJ Motion Memorandum FILING.pdf(375266 bytes )
`JH SJ Affidavit FINAL.pdf(1232461 bytes )
`Exhibits A-N.pdf(5246265 bytes )
`Exhibit A-1.pdf(414758 bytes )
`Exhibit D-1.pdf(183069 bytes )
`Exhibits O-S.pdf(3350538 bytes )
`Exhibit T.pdf(3147688 bytes )
`Exhibit U.pdf(380775 bytes )
`Exhibit V.pdf(2159234 bytes )
`
`

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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`
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`Proceeding Number: 92058997
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`Registration No.: 1,962,072
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`Mark:
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` MEDPAY
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`
`
`BOX TTAB
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
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`REGISTRANT’S NOTICE OF MOTION FOR
`SUMMARY JUDGMENT
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`Pursuant to Federal Rule of Civil Procedure 56, Registrant Medpay Systems, Inc. moves for
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`entry of summary judgment in its favor and against Petitioner on the pleadings. Registrant is entitled
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`to summary judgment for the reasons outlined in the Memorandum in Support of Motion for
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`Summary Judgment, and Affidavit of Justin Hassell with Exhibits filed herewith.
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`Respectfully submitted,
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`Law Offices of
`Todd Wengrovsky, PLLC.
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`By: /s/ Todd Wengrovsky
`Todd Wengrovsky
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`Dated: Calverton, New York.
` September 20, 2014
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding Number:
`
`92058997
`
`Registration No.:
`
`1,962,072
`
`Mark:
`
`MEDPAY
`
`BOX TTAB
`Commissioner for Trademarks
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`REGISTRANT’S MEMORANDUM OF LAW IN SUPPORT OF
`MOTION FOR SUMMARY JUDGMENT
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`1
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`I. PRELIMINARY STATEMENT
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`Petitioner Affinipay, LLC. filed a Petition to Cancel Trademark Registration Number
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`1,962,072 on April 3, 2014. Registrant Medpay Systems, Inc. filed its Answer on May 19, 2014.
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`Petitioner then served its Initial Disclosures on July 17, 2014 and Registrant served its Initial
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`Disclosures on July 29, 2014.
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`The Petition to Cancel is solely based on the allegation that Registrant has “abandoned”
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`its trademark MEDPAY®. Pursuant to Federal Rule of Civil Procedure 56, upon the Affidavit of
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`Justin Hassell and Exhibits thereto, Registrant, by its attorney Todd Wengrovsky, hereby moves for
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`summary judgment in the above-referenced action.
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`II. LEGAL STANDARDS
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`
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`Summary judgment is a favored procedural device, Avia Group Int’l, Inc. v. L. A. Gear Co.,
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`Inc., 853 F.2d 1557, 1561 (Fed. Cir. 1988), which should be granted if “the pleadings, depositions,
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`answers to interrogatories, and admissions on file, together with the affidavits, if any, show that
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`there is no genuine issue as to any material fact and that the moving party is entitled to a judgment
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`as a matter of law.” Fed. R. Civ. P. 56(c). See also Anderson v. Liberty Lobby, Inc., 477 U.S. 242,
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`247-248 (1986); Karlin Technology, Inc. v. Surgical Dynamics, Inc., 177 F.3d 968, 970 (Fed. Cir.
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`1999). A fact is “material” only if it “might affect the outcome of the suit under the governing
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`law.” Anderson, 477 U.S. at 248. A dispute about a material fact is “genuine” only if “the evidence
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`is such that a reasonable jury could return a verdict for the non-moving party.” Id.
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`The principles governing the grant of summary judgment are the same in trademark actions
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`as in other actions. Fendi S.A.S. Di Paola Fendi E Sorelle v. Cosmetic World, Ltd., 642 F.Supp.
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`1143, 1145 (S.D.N.Y. 1986).
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`2
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`Regarding Plaintiffs’ burden, a party opposing a properly supported motion for summary
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`judgment “may not rest upon the mere allegations or denials of his pleading, but… must set forth
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`specific facts showing that there is a genuine issue for trial.” Id. (quoting First National Bank of
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`Arizona v. Cities Services Co., 391 U.S. 253 (1968). “If the evidence [opposing summary
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`judgment] is merely colorable, or is not significantly probative, summary judgment may be
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`granted.” Id. At 249-250 (citations omitted).
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`Here, the pleadings are complete and the parties have exchanged initial disclosures. There
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`are no genuine material issues of fact that would preclude summary judgment in Registrant’s favor.
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`Such is particularly the case given the limited scope of the Petition – Petitioner alleges that
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`Registrant is not using its trademark, but such is wildly false. It is respectfully submitted that
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`Registrant’s Answer and this filing overwhelmingly establish that Registrant has not “abandoned”
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`its trademark. As such, the Petition to Cancel is not plausible and Registrant’s Motion for
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`Summary Judgment should be granted.
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`III. ARGUMENT: REGISTRANT’S MOTION FOR SUMMARY JUDGMENT
`SHOULD BE GRANTED
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`As noted in Registrant’s Answer, Petitioner’s allegation that Registrant has not used its
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`trademark in commerce for the last three years is simply factually incorrect. There is a host of
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`evidence to this effect, any portion of which would be sufficient to render the Petition implausible.
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`Such is attached to and described by the Affidavit of Medpay Systems, Inc. President Justin
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`Hassell, filed herewith.
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`Per the Affidavit, Registrant MedPay is a company engaged in offering healthcare patient
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`payment services. Respondent Affinipay is a competitor to MedPay who also offers healthcare
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`patient payment services. MedPay has routinely engaged with both its healthcare provider clients
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`3
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`and its healthcare patient clients on an ongoing daily basis from 1995 to the present, including during
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`the last three years (hereinafter the “Relevant Period”). Simply put, Registrant routinely receives and
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`handles both patient and provider customer service inquiries on a daily basis.
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`Attached as Exhibit A is a true and correct copy of screen shots from MedPay’s website—
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`medpaydirect.com—displaying the MEDPAY® trademark, as well the National Toll-Free telephone
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`number (800) 633-7299, which number spells out (800) MEDPAY9. This website has been active
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`at all times during Relevant Period. See attached Exhibit A-1 for WHOIS registry data
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`evidencing the creation date of the website. The website and National Toll-Free Telephone
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`Number have been routinely accessed by both Registrant’s healthcare provider clients, and by
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`Registrant’s healthcare patient clients during the Relevant Period. The website also displays the
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`company’s general e-mail address contact@medpaydirect.com for direct e-mail communications.
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`It has been active and running at all times during the Relevant Period.
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`Attached as Exhibit B is a true and correct copy of screen shots from the
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`“Trademark/Copyright Notice” of MedPay’s website, clearly indicating that MEDPAY® is a
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`registered trademark, and displaying the USPTO Trademark Registration number 1962072, and
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`further including the statement “and is protected under applicable federal copyright and trademark
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`laws”. This page has been up at all relevant times during the Relevant Period.
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`Attached as Exhibit C is a true and correct copy of screen shots from the “Contact Us” page
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`of MedPay’s website, which provides a contact form submission directly to Registrant. Such form
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`has been used for contact submissions during the Relevant Period.
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`The “Contact Us” page of MedPay’s website was used by John Porter, the C o-
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`Founder and CFO of the Petitioner Affinipay, to contact Registrant directly on August 30, 2013.
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`Attached as Exhibit D is a true and correct copy of the contact form submission sent by Mr.
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`Porter. Registrant promptly responded to Mr. Porter via e-mail the same day, August 30, 2013, as
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`shown in Exhibit D-1.
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`Attached as Exhibit E is a true and correct copy of a printout from the New York
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`Department of State website evidencing that the corporation and trademark owner MEDPAY
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`SYSTEMS, INC. is an ACTIVE corporation, and has been in existence since April 26, 1995. The
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`corporation has been active and in good standing at all times during this period.
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`Attached as Exhibit F is a true and correct copy of Dishonesty Bond number 14835946,
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`issued on May 11, 2006 by Western Surety Company to MedPay Systems, Inc., in the amount of
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`$100,000.00 to protect all of MedPay’s clients from financial losses due to potential dishonesty by
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`MedPay or its employees. Copies of the renewal bills dated March 11, 2011 and March 8, 2014 are
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`also attached. This bond is currently in full force and effect, and has been in full force and effect at
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`all times since May 11, 2006.
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`Attached as Exhibit G is a true and correct copy of a March 19, 2011 letter to the CEO of
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`Bon Secours Charity Health System, following up on marketing materials sent by Registrant in
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`February, 2011.
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`Attached as Exhibit H is a true and correct copy of a receipt from Cablevision, showing that
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`high-speed cable was installed at MedPay’s office on July 19, 2011.
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`Attached as Exhibit I is a true and correct copy of MedPay’s “MedPay Provider Sales
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`Brochure 1.” Said brochure has been used during the Relevant Period for the marketing of the
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`company’s MEDPAY® payment services. It has been mailed to thousands of prospective hospital
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`clients throughout the United States. This copy has been modified to remove the names of actual
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`healthcare provider clients.
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`5
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`Attached as Exhibit J is a true and correct copy of the cover letter which has been used in
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`conjunction with the mailings described in Exhibit I herein. This cover letter was sent along with
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`each brochure mailed during the Relevant Period. Certain confidential and proprietary
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`information has been redacted from this letter.
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`Medpay has compiled and maintains multiple proprietary mailing lists which contain the
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`names and addresses of prospective customers across the United States. Certain contacts from these
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`lists were mailed the “Medpay Provider Sales Brochure 1” as recently as September, 2013, July
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`2014, and September, 2014.
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`Attached as Exhibit K is a true and correct copy of a scanned copy of “MedPay Provider
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`Sales Brochure 2.” Said brochure has also been used during the period. This is the current version.
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`Attached as Exhibit L is a true and correct copy of a scanned copy of the “MedPay Hospital
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`Patient Brochure” which has been used during the period. This informational brochure has been
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`provided to each hospital patient enrolled on the MEDPAY® System.
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`Attached as Exhibit M is a true and correct copy of the proprietary “MEDPAY® Payment
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`Plan Enrollment Form” which has long been used by Medpay Systems, Inc. and has been used during
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`the entire period. Certain confidential and proprietary information has been redacted from this form.
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`Attached as Exhibits N-T are true and correct copies of sworn Affidavits of actual current
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`MEDPAY® healthcare patient clients, who were all active on the MEDPAY® payment system
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`specifically during the Relevant Period, most of which are still active. These are but a few of the
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`large number of patients currently on the MEDPAY® system. Each and every payment processed
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`and collected comprises evidence of services recently and continuously performed under the
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`MEDPAY® mark. Also attached are true and correct copies of the original fully-executed
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`MEDPAY® Payment Plan Enrollment Form Agreements and a MEDPAY Patient Transaction
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`Report for each of these patients, current as of June, 2014, which documents accurately detail the
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`entire payment activity for each of their MEDPAY accounts. Pursuant to the Health Insurance
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`Portability and Accountability Act (“HIPAA”), this limited disclosure is made with the written
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`consent of each patient, and certain confidential information, including bank, credit card, and
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`patient account number information, have been redacted to protect each patient’s confidentiality and
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`security.
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`Attached as Exhibit N is a true and correct Affidavit of George Kessler. Mr. Kessler is an
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`active account and has been on the MEDPAY system continuously since October 13, 2007.
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`Mr. Kessler has made continuous payments totaling $11,100.00 to MEDPAY during the period of
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`April 1, 2011 to April 1, 2014. Mr. Kessler’s account was active at all times during the period of
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`April 1, 2011 through April 1, 2014.
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`Attached as Exhibit O is a true and correct Affidavit of Marlon Martindale. Mr. Martindale
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`is an active account and has been on the MEDPAY® system continuously since April 25, 2010.
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`Mr. Martindale has made continuous payments totaling $925.00 to MEDPAY during the period
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`of April 1, 2011 to April 1, 2014. Mr. Martindale’s account was active at all times during the
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`period of April 1, 2011 through April 1, 2014.
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`Attached as Exhibit P is a true and correct Affidavit of Rebecca J Benefield. Ms. Benefield is
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`an active account and has been on the MEDPAY® system continuously since November 11,
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`2011. Ms. Benefield has made continuous payments totaling $1,400.00 to MEDPAY
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`during the period of November 11, 2011 to April 1, 2014, all within the Relevant Period.
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`Attached as Exhibit Q is a true and correct Affidavit of Iris Burns: Ms. Burns is an active
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`account and has been on the MEDPAY® system continuously since June 15, 2012. Ms. Burns has
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`made continuous payments totaling $5,250.00 during the period of June 15, 2012 to April 1,
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`2014, all within the Relevant Period.
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`Attached as Exhibit R is a true and correct Affidavit of Katelyn Iovino-Llanos. Ms. Iovino-
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`Llanos is an active account and has been on the MEDPAY® system continuously since April 19,
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`2013. Ms. Iovino- Llanos has made continuous payments totaling $3,504.98 during the period of
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`April 19, 2013-April 1, 2014, all within the Relevant Period.
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`Attached as Exhibit S is a true and correct Affidavit of Nicole Stork. Ms. Stork is an
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`active account and has been on the MEDPAY® system continuously since April 30, 2013.
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`Ms. Stork has made continuous payments totaling $275.00 during the period of April 30, 2013 to
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`April 1, 2014, all within the Relevant Period.
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`Attached as Exhibit T is a true and correct copy of the 73 ACTUAL MEDPAY® bi-monthly
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`(twice monthly) Summary Debit/Credit Payment Reports which have been issued to one
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`single specific MEDPAY healthcare provider client “104,” for the entire period of April 1, 2011
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`through April 1, 2014, showing total patient payments of $995,992.63 which have been
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`continuously processed, collected, and remitted using the MEDPAY® payment system, and
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`within the last three year Relevant Period (again, certain information has been redacted
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`pursuant to HIPAA). The total dollar breakdown by period, for this specific one client is as
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`8
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`follows:
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`2011
`2012
`2013
`2014
`Total
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`$264,340.43 (4/01/2011-12/31/2011)
`$331,452.83
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`$326,744.42
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`$73,454.95 (1/01/2014-4/01/2014)
`$995,992.63
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`Attached as Exhibit U is a true and correct copy of the most recent Biennial Statement filed by
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`MEDPAY SYSTEMS, INC. with the New York Department of State, Division of Corporations on May 2,
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`2013, and indicating a next filing period of April, 2015.
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`Attached hereto as Exhibit V are true and correct copies of 11 pages of Justin Hassell’s actual
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`hand written sales and marketing notes of specific Hospitals, and specific Hospital Executives, each of
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`whom were mailed the “MedPay® Provider Sales Brochure 1” (See Exhibit I), in April, 2011. Said
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`brochure was then followed by a second form letter (See Exhibit G) from MedPay® on May 4, 2011. Most
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`of the individual Hospital Executives on this list were thereafter called by Mr. Hassell personally on the
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`specific date in May, 2011 which is indicated in the handwritten notes. The notation “L/M” refers to the
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`fact that Mr. Hassell personally left a voice message for the specific Hospital Executive on the specific
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`date indicated in the notes, following up on the MedPay® sales and marketing materials that had at the time
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`been recently mailed. These are exact copies of Mr. Hassell’s original notes from April/May 2011.
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`It is respectfully submitted that the foregoing overwhelmingly establishes that Registrant has
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`not “abandoned” its trademark. To the contrary, Registrant’s use of its trademark is active and
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`ongoing by any reasonable measures of business activity. As such, the Petition to Cancel should be
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`dismissed in its entirety without further proceedings, and Registrant’s Motion for Summary
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`Judgment should be granted.
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`9
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`IV. CONCLUSION
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`Due to all of the foregoing, Registrant requests that the Petition to Cancel be dismissed in its
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`entirety with prejudice, and that Registrant’s Motion for Summary Judgment be granted.
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`
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`Dated: Calverton, New York.
`September 20, 2014
`
`
`
`/s/ Todd Wengrovsky
`Todd Wengrovsky
`Law Offices of
`Todd Wengrovsky, PLLC.
`285 Southfield Road, Box 585
`Calverton, NY 11933
`Tel (631) 727-3400
`Attorney for Registrant
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`10
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`CERTIFICATE OF SERVICE
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`I hereby certify that on September 20, 2014, a copy of the foregoing Registrant’s Motion
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`for Summary Judgment, Memorandum in Support, and Affidavit of Justin Hassell with Exhibits
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`were electronically filed with the United States Patent and Trademark Office and that copies of
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`same were sent via electronic mail to Petitioner’s attorneys of record:
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`Chun T. Wright, Esq.
`Reid Collins & Tsai LLP.
`1425 K Street NW, Suite 350
`Washington, DC 20005
`cwright@rctlegal.com
`Frederick.Samuels@cahnsamuels.com
`
`
`
`/s/ Todd Wengrovsky
`Todd Wengrovsky
`Law Offices of
`Todd Wengrovsky, PLLC.
`285 Southfield Road, Box 585
`Calverton, NY 11933
`Tel (631) 727-3400
`Attorney for Registrant
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`11
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding Number:
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`92058997
`
`Registration No.:
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`1,962,072
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`Mark:
`
`MEDPAY
`
`BOX TTAB
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, VA 22313-1451
`
`AFFIDAVIT OF JUSTIN HASSELL
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`IN SUPPORT OF REGISTRANT’S MOTION
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`FOR SUMMARY JUDGMENT
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`JUSTIN HASSELL, being duly sworn, deposes and states under penalty of perjury:
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`1.
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`1 have been the President of MedPay Systems, Inc., the Registrant in the present
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`action (hereinafter “MedPay” or “Registrant”), since 1995.
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`I make this Affidavit based on my
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`personal knowledge, and specifically to confirm Registrant’s continuous, ongoing usage of the
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`MEDPAY® trademark. The three-year period up to and including April, 2014 will be referred
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`to as the “Relevant Period" herein.
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`2.
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`3.
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`MedPay is a company engaged in offering healthcare patient payment services.
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`Petitioner Affinipay, LLC. is a competitor to MedPay who also offers healthcare
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`patient payment services.
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`4.
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`MedPay has routinely engaged with both its healthcare provider clients and its
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`healthcare patient clients on an ongoing daily basis from 1995 to the present, including during
`
`

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`the Relevant Period. Simply put, we routinely receive and handle both patient and provider
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`customer service inquiries on a daily basis.
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`5.
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`Attached hereto as Exhibit A is a true and correct copy of screen shots from
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`MedPay’s website~medpaydirect.co1n—displaying the MEDPAY® trademark, as well
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`the
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`National Toll-Free telephone number
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`(800) 633-7299, which number spells out
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`(800)
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`MEDPAY9. This website has been active at all times since 2005, including during the entire
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`Relevant Period. See Attached Exhibit A-1 for WHOIS registry data evidencing the creation
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`date of the website. The website and National Toll—Free Telephone Number have been routinely
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`accessed by both our healthcare provider clients, and by our healthcare patient clients during the
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`Relevant Period. The website
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`also displays
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`the
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`company’s general
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`e-mail
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`address
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`contact@medpaydirect.com for direct e-mail communications. It has been active and running at
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`all times during the Relevant Period.
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`6.
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`Attached hereto as Exhibit B is a true and correct copy of screen shots from the
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`“Trademark/Copyright Notice” of MedPay’s website, clearly indicating that MEDPAY® is a
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`registered trademark, and displaying USPTO Trademark Registration number 1962072, and
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`further
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`including the statement “and is protected under applicable federal copyright and
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`trademark laws”. This page has been up at all times during the Relevant Period.
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`7'.
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`Attached hereto as Exhibit C is a true and correct copy of screen shots from the
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`“Contact Us” page of MedPay’s website, which provides a contact form submission directly to
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`us. Such form has been used for contact submissions during the Relevant Period.
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`8.
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`The “Contact Us” page of MedPay’s website was used by John Porter, the Co-
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`founder and CFO of Petitioner Affinipay, to contact Registrant directly on August 30, 2013.
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`Attached hereto as Exhibit D is a true and correct copy of the contact form submission sent by
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`

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`Mr. Porter.
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`I promptly replied to Mr. Porter via e-mail the same day, August 30, 2013, as also
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`shown in Exhibit D-1.
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`9.
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`Attached hereto as Exhibit E is a true and correct copy of a printout from the
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`New York Department of State website evidencing that the corporation and trademark owner
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`MEDPAY SYSTEMS, INC.
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`is an ACTIVE corporation, and has been in existence since April
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`26, 1995. The corporation has been active and in good standing at all times during this period.
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`10.
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`Attached hereto as Exhibit F is a true and correct copy of Dishonesty Bond
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`number 14835946, issued on May 11, 2006 by Western Surety Company to MedPay Systems,
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`Inc., in the amount of$l00,000.00 to protect all of MedPay’s clients from financial losses due to
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`potential dishonesty by MedPay or its employees. Copies of renewal bills dated March 11, 201 l
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`and March 8, 2014 are also attached. This bond is currently in full force and effect, and has been
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`in full force and effect at all times since May 11, 2006.
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`11.
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`Attached hereto as Exhibit G is a true and correct copy of a March 19, 2011
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`Letter to the CEO of Bon Secours Charity Health System, following up on marketing materials
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`sent by MedPay in February, 201 1.
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`12.
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`Attached hereto as Exhibit H is a true and correct copy of a receipt
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`fi‘om
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`Cablevision, showing that high-speed cable was installed at MedPay’s office on July 19, 201 1.
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`13.
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`Attached hereto as Exhibit I is a true and correct copy of MedPay’s “MedPay
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`Provider Sales Brochure 1.” Said brochure has been used during the Relevant Period for the
`
`marketing of the company’s MEDPAY® payment services. It has been mailed to thousands of
`
`prospective hospital clients throughout the United States. This copy has been modified to remove
`
`the names of actual current healthcare provider clients.
`
`14.
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`Attached hereto as Exhibit J is a true and correct copy of the cover letter which
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`has been used in conjunction with the mailings described in Exhibit 1 herein. This cover letter
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`

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`was sent along with each brochure mailed during the Relevant Period. Certain confidential and
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`proprietary information has been redacted from this letter.
`
`15.
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`Medpay has compiled and maintains multiple proprietary mailing lists which
`
`contain the names and addresses of prospective customers across the United States. Certain
`
`contacts from these lists were mailed the “Meclpay Provider Sales Brochure 1” as recently as
`
`September, 2013, July, 2014, and September, 2014.
`
`16.
`
`Attached hereto as Exhibit K is a true and correct copy of a scanned copy of
`
`“MedPay Provider Sales Brochure 2.” Said brochure has also been used during the period. This
`
`is the current version.
`
`17.
`
`Attached hereto as Exhibit L is a true and correct copy of a scanned copy of the
`
`“MedPay Hospital Patient Brochure” which has been used during the period. This informational
`
`brochure has been provided to each hospital patient enrolled on the MEDPAY® System.
`
`18.
`
`Attached hereto as Exhibit M is a true and correct copy of the proprietary
`
`“MEDPAY® Payment Plan Enrollment Form” which has long been used by Medpay Systems,
`
`Inc. and has been used during the entire period. Certain confidential and proprietary information
`
`has been redacted from this form.
`
`19.
`
`Attached hereto as Exhibits N-T are true and correct copies of sworn Affidavits
`
`of actual current MEDPAY® healthcare patient clients, who were all active on the MEDPAY®
`
`payment system specifically during the Relevant Period, most of which are still active. These are
`
`but a few of the large number of patients currently on the MEDPAY® system. Each and every
`
`payment processed and collected comprises evidence of services recently and continuously
`
`performed under the MedPay® mark. Also attached are true and correct copies of the original
`
`fully-executed MEDPAY® Payment Plan Enrollment Form Agreements and a MEDPAY®
`
`Patient Transaction Report for each one of these patients, current as of June 2014, which
`
`

`
`documents accurately detail the entire payment activity for each of their MEDPAY accounts.
`
`Pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”), this limited
`
`disclosure is made with the written consent of each patient, and certain confidential information,
`
`including bank, credit card, and patient account number information, have been redacted to
`
`protect each patient’s confidentiality and security.
`
`20.
`
`Attached hereto as Exhibit N is a true and correct Affidavit of George Kessler:
`
`Mr. Kessler is an active account, and has been on the MEDPAY® system continuously since
`
`October 13, 2007. Mr. Kessler has made continuous payments totaling $11,100.00 to MEDPAY
`
`during the Relevant Period of April 1, 201 1 to April 1, 2014. Mr. Kessler’s account was active at
`
`all times during the Relevant Period ofApril 1, 201 1 through April 1, 2014.
`
`21.
`
`Attached hereto as Exhibit 0 is a true and correct Affidavit of Marlon
`
`Martindale: Mr. Martindale is an active account, and has been on the MEDPAY® system
`
`continuously since April 25, 2010. Mr. Martindale has made continuous payments totaling
`
`$925.00 to MEDPAY during the Relevant Period of April 1, 2011 to April 1, 2014. Mr.
`
`Martinda1e‘s account was active at all times during the Relevant Period of April 1, 201 1 through
`
`April 1, 2014.
`
`22.
`
`Attached hereto as Exhibit P is a true and correct Affidavit of Rebecca J.
`
`Benefield: Ms. Benefield is an active account, and has been on the MEDPAY® system
`
`continuously since November 11, 2011. Ms. Benefield has made continuous payments totaling
`
`$1,400.00 to MEDPAY from November 11, 2011 to April 1, 2014, all within the Relevant
`
`Period.
`
`23.
`
`Attached hereto as Exhibit 1] is a true and correct Affidavit of Iris Burns: Ms.
`
`Burns is an active account, and has been on the MEDPAY® system continuously since June 15,
`
`

`
`2012. Ms. Burns has made continuous payments to MEDPAY totaling $5,250.00 during the
`
`period oflune 15, 2012 to April 1, 2014, all within the Relevant Period.
`
`24.
`
`Attached hereto as Exhibit R is a true and correct Affidavit of Katelyn Iovino-
`
`Llanos: Ms. Iovino-Llanos is an active account, and has been on the l\/1EDPAY® system
`
`continuously since April 19, 2013. Ms.
`
`Iovino-Llanos has made continuous payments to
`
`MEDPAY totaling $3,504.98 during the period of April 19, 2013- April 1, 2014, all within the
`
`Relevant Period.
`
`25.
`
`Attached hereto as Exhibit S is a true and correct Affidavit of Nicole Stork: Ms.
`
`Stork is an active account, and has been on the MEDPAY® system continuously since April 30,
`
`2013. Ms. Stork has made continuous payments to MEDPAY totaling $275.00 during the period
`
`ofApril 30, 2013 to April 1, 2014, all within the Relevant Period.
`
`26.
`
`Attached hereto as Exhibit T is a true and correct copy of 73 actual MEDPAY®
`
`bi-monthly (twice monthly) Summary Debit/Credit Payment Reports which have been issued to
`
`one single specific MEDPAY healthcare provider client “I 04” for the entire period of April 1,
`
`2011 through April 1, 2014, showing total patient payments of $995,992.63 which have been
`
`continuously processed, collected, and remitted using the MEDPAY® payment system, all
`
`within the last three year Relevant Period (again, certain information has been redacted pursuant
`
`to I-IIPAA). The total dollar breakdown by period, for this specific one client is as follows:
`
`20]]
`2012
`2013
`2014
`Total
`
`$264,340.43 (4/01/2011-12/31/2011)
`$331,452.83
`$326,744.42
`$73,454.95 (1/01/2014-4/01/2014)
`$995,992.63
`
`27.
`
`Attached hereto as Erflfitj is a true and correct copy of the most recent Biennial
`
`Statement filed by MEDPAY SYSTEMS,
`
`INC. with the New York Department of State, Division
`
`of Corporations on May 2, 2013, and indicating a next filing period of April, 2015.
`
`

`
`28.
`
`Attached hereto as Exhibit V are true and correct copies of 11 pages of Justin Hassell’s
`
`actual hand written sales and marketing notes of specific Hospitals, and specific Hospital Executives,
`
`each of whom were mailed the “MedPa}® Provider Sales Brochure 1” (See ), in April, 2011.
`
`Said brochure was then followed by a second fonn letter (See ) from MedPay® on May 4,
`
`2011. Most of the individual Hospital Executives on this list were thereafter called by me personally on
`
`the specific date in May, 2011 which is indicated in my handwritten notes. The notation “L/M” refers to
`
`the fact that I personally left a voice message for the specific Hospital Executive on the specific date
`
`indicated in my notes, following up on the MedPa)® sales and marketing materials flaat had at the time
`
`been recently mailed. These are exact copies of my original notes from AprilfMay2011.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
` JUSTI HA SELL
`
`YSTEMS, INC.
`
`MED._A
`
`Sworn to before me this
`may of September, 2014.
`
`Notary Publi
`
`swan ALEVIGH ASHRAF
`Ngm-y Public - State of New Y0?“
`No. 01 ASGZBO413
`ouaimea in lanes G°""*V
`its fignmmiflsiflfl Expilfifl AP“ 29! 2017
`
`

`
`
`
`EXHIBIT A
`EXHIBIT A
`
`

`
`'“"°"’°“""“
`(-
`medpaydlrectcom
`Q MostVusited 1 Getting Started
`
`1 ._p 1 2 up
`
`—.._. _?_
`
`—
`
`Automatic
`
`Debit Patient Payment System
`
`:i:$eMedPay® works
`Risk Free Trial
`B°"°r't‘ T° Y°”' ”°"°'“'
`Patient lnfonnatlon
`Patiem FAQ
`Pane” References
`Trademark/Copyright Notice
`Contact Us
`
`The Future of Collecting and Managing
`Patient Balances Has Arrived...
`Vour Patient's Monthly Payments Are Debited Directly And
`Automatically From The Patient's Checking, Savings, or Major
`Credit Card Account!
`
`
`
`
`
`IledPay systems, Inc.
`229 E. 85th Street,
`#1547
`New York, NY 10018
`Tel: (300) 633-7299
`
`1:19 PM
`S/3L"ZD1~l
`
`-
`
`‘ Med Pay Direct
`(-
`medpaydlrectcom
`Q MostVusited 1 Getting Started
`
`Automatic
`
`Debit Patient Payment System
`
`
`
`:::eMedPay® Works
`Risk Free Trial
`B°”em’ T° "°”' ”°“’“a'
`
`Patient Information
`Patient References
`"3‘?“-“‘ FAQ
`Trademark/Copyright Notice
`Contact Us
`
`_
`_
`The Future of Collecting and Managing
`Patient Balances Has Arrived...
`
`Vour Patient's Monthly Payments Are Debited Directly And
`.
`Automatically From The Patient's Checking, Savings, or Major
`Credit Card Account!
`
`MedPay Systems, Inc.
`229 E. 85th Street,
`#1547
`New York, NY 10028
`Tel: (900) 633-7299
`F“: 5531) "2"_'95°°
`c°ntact®medpayd"ect'c°m
`
`A Simple to Use, Low Cost Solution for Maximizing and Totally
`Automating the Collection of Your Self-Pay Receivables!
`
`Iv‘
`
`l‘;|
`
`1:19 PM
`S/3L"ZD1~l
`
`
`
`
`
`

`
`
`
`EXHIBIT B
`EXHIBIT B
`
`

`
`
`
`Trademark/Copyright Notice
`@ 19952014 MedPsy Systems,
`Inc.— All Rights Reserved. MedPay® is a registered
`trademark df Medflay Systems,
`Inc. United States Patent
`BL Trademark Uffice
`Registratiun Number 1962072. All cuntent included in this web site is
`the exclusive
`pruperty cf MedPay Systems,
`Inc.,
`and is prctected under applicable federal
`copyright and trademark laws. Reproduction or use of any part at this web site
`Tmdemamycupynght mm-CE withuut the prior written consent of MedPay Systems, Inc. is strictly prehibited.
`Contact Us
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`:xeMed"a‘I® WW5
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