Loading...
HomeMy WebLinkAbout01-04234 Jan 17 Oz 05:33p Arthur 4Cusic PC PINNACLE HEALTH SYSTEMS, INC., Plaintiff v. GERALD )iABECKER and DOLORES HABECI{ER, Defendant I~ 7175g40n7ry618 f' ~. {,a t3.."' 6~4G p.2 * IN THE COURT qF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA k * CIVIL ACTION -LAW * NO. 01-4234 CIVIL TERM * * * PLAINTIFF'S PRE-TRIAL MEMORANDUM AND NOW comes Plaintiff by and through its attorney Arthur A. I{usic, Esquire and hereby presents its Pre-Trial Memorandum as follows: I. STATEMENT OF FACTS AS TO LIABILITY Plaintiff seeks fo recover payment for services rendered to Defendant Gerald Habeclzer. From on or about September 14, 1998 tluuugkl to or about September lY,, 1998, Plaintiff provided medical services to Defendant Gerald Habeclzer. plaintiff avers that the medical. services were necessary for Defendant Gerald 1-Tabecker's health and welfare and that Defendants were billed Plaintiffs usual and customary charges for the services and expenses incurred. Plaintiff did reasonably expect to be paid for the services rendered to Defendant Gerald Habecl~er by the parties benefited. Plaintiff believes that should Defendant ('rerald Habecker not be held liable to Plaintiff for payment of the services rendered, he would be unjustly enriched at Plaintiffs expense by having received services for which he has not paid, Jan 17 02 05:33p RrLhur Kusic PC 717S4Q761.9 p•3 Plaintiff claizrls Defendant Dolores Habecker is liable for the aforesaid selroiccs rendered to her husband pursuant to the "doctrine of necessaries", now codified under 23 Pa.C.S.A. § 4102. II. STATEMENT Ok' DAMAGES Plaintiff claims the amount due and owing for the aforesaid services rendered is $26,472.20- III. STATEMENT AS TO THE PRINCIPAL ISSUES OF LIABILITY AND DAMAGES The principal issues of liaLilily and damages are as follows: (A) Whether the services provided by Plaintiff to defendant Gerald Habecker were necessary for his health and welfare; (B) Whether Plaintiff billed the defendants its usual and customary charges for the services rendered; ((~ )Whether I~efendsnt Gerald Habecl[cr coliscutc:d to the services; (D) Whether the doctrine of "unjust enrichment" applies in the instant matter; (>=) Whether demands :For payment were made upon, the Defendants; (li) Whether Defendant Dolores Habecker, pursuant to the .Ian 17 02 05:33p Frnhur Kusie PC 7175407618 P•4 doctrine of necessaries, is liable to Plaintiff for the services rendered to her husband (A) Plaintiff believes the medical services it rendered Lo Defendant Gerald Habecker were necessary for his benefit and welfare. The services rendered were part of a series of services rendered to befendant during thic month of 8eptcmber, 1998 due to his heart condition. (B) Whether or not Defendants find 1'laintift's charges "reasonable', such charges were Plaintiffls usual and customary charges for such services. (C) Plaintiff believes that Defendant Gerald Habecker consented to receipt of the services rendered from on or about September 14, 1998 thrrn.igh to or about September 18, 1998 in that he underwent Pre-Admission Testing for the surgery performed on September 14, 1998 and executed certain consent forms, In addition, both Defendants underwent Preoperative Teaching in preparation for Defendant Gerald Habeckcr's surgery and executed forms to indicate that they had done so. Defendant in presenting himself fr~r curgery nn September ]~, 1998 certainly implied his consent therefore and request' thereof. Defendant Dolores Habecker was aware of the services that were to be rendered to her husband during the time in question and executed a receipt for his valuxblee at the tiznc of his adaiiissivu to Plaintiffs facility and did further execute a form consenting to the use of photography for scientific purposes during his surgery. Accordingly, even if Defendant did not have Jan 17 02 05:34p Arthur Kusic PC 7175407618 p.5 an express contract for the services of September 14 through September l8, 1998, he most certainly had an implied one and breached the contract by his non-payment for said services. (D) Defendants contend that the doctrine of "unjust enrichment" applies to material possessions and not to services. Plaintiff contends that the doctrine applies to selices and that the Defendants are liable to Plaintiff under the theory of quantum mcruit. DcfEUdarrls knew or should have known that Plaintiff would render the services with the expectation that it would be paid for the services rendered. A review of "quantum meruit° in Black's I.aw Dictionary, S~'' Edition and case law in Dauphin County, Pennsylvania clearly demonstrate the use of a quantum meruit claim to recover payment for services rendered- (E) Plaintiff did make clcrnands for payment upon the Defendants. They hlled out and executed Plaintiffls Financial Application form when payment was not forthcoming after services were mndered. At the very least, the Complaint certainly would constitute a formal demand for payment. (F) While Defendants deny the liability of Defendant Dolores I-Tabecker for the serv9ces rendered to her husband, the "doctrine of necessaries" provides otherwise. Pennsylvania case law and Cumberland County case law have upheld this concept of spousal responsibility, In the past, the definition of "necessaries° has encompassed not only Lasic needs but also health care, education and in one case a fur coat. The medical services rendered to Defendant Crerald I-labecker would clearly fall under the defiltion of "necessaries". Jan 17 02 05:34p RrLhur Kusic PC 71.754Q7518 p•5 V. WITNESSES Plaintiff intends to call the following witnesses at Trial: llaFry Park, Manager of Patient Accounts Pinnacle Health Systems, Inc. P.O. Box ?353 Harrisburg, PA 17105 Sharon Chcsek, Supervisor, Patient Finance Support & Collections Pinnacle Health Systems, Inc. P.O. Box 2353 Harrisburg, PA 17105 Gerald Habecker 54.12 Legenc lane );nola, PA 17025 Dolores Habecker 5412 Legene Lane Enola, PA 17025 Vl. PLAIlV1'1FF'S EXT-tIF3ITS Exhibit "1°_ Itemized Statement of services rendered to Defendant Gerald Habecker from September 14, 1993 through September 18, .I998. 'lkxis statement cvas irACluded as Exhibit `A' of Plaintiff's Complaint and sets forth, inter alia, charges for Defendant Gerald ~. Jan 17 02 05~34p Rrzhur Kusic PC 717540767.8 p.7 Habecker's hearC surgery, use of the recovery room, medications, and so fa-tll. ~:xhibit "2°: Consent executed by Defendant Gerald 1abecker for heart catherization performed approximately five days prior to the services of September 14 through 18, 1998 were rendered. Exhibit"3": Pre-admission Testing and Consent forms signed by Defendant Gerald Habecker on or about September 11, 1998. Exhibit "4": Pre-operative Teaching form dated September 11, 199$ and executed by the Defendants. Exhibit "5": Permission for use of photograph for scientific purposes executed by Defendant Dolores Habecker on or about September 14, 1998, the day of her husband's surgery. Exhibit "6": Admission/7~-ansfer of Patient Valuables form executed by defendant Dolores Habecker on September 14, 1998, the day her husband was admitted for surgery. Exhibit "7": Pinnacle Health Financial Application executed by the Defendants on or about Mazch 11, 1999. Jan 17 02 05:34p Ftrnhur Kusic PC 71754Q7618 p.8 VII. S'TATEMEN'T OF S~1'TLEMENT NF_GOTIATION~ On or about August 13, 2001., Plaintiff's attorney telephoned the attorney for the Defendants and discussed settlement of the case. No resolution was reached at that Lime. To date, despite several attempts on L'he part of Plaintiff's attorney to follow up, no further Settlement discussions have taken place. RESPECTFULLY SUBMITTEll: ~ --- ARTH[3~R A. KiTSIC, ESQUIRE 4201 Crums Mill Road Harrisburg, PA 17112 (717) 540-5610 Supreme Court No. 07207 Attorney for Plaintiff ~3~ ~_ 'an 17 n_2 05:34p Flrnhur Kusic PC 7175407618 PINNACLE HEALTH SYSTEMS, INC., Plauiliff v. GERALD l-IABECI~ER and DOLORES 1-IABECKER, Defendants * IN THE COURT OF COMMON PLEAS *CUMBI;RLAND COUNTY, PENNSYLVANIA * CIVIL ACTION -LAW * NO. 4234 CIVIL TERM 2001 A * * CERTIFICATE OF SEF2VICE I, Catherine St. Pierre, paralegal for Arthur A. Kusic, Esquire, do hereby certify that on this 17th day of January, 2002, I placed in the United States mail true az~d correct copies of the I'laintiffls Pre-Trial, Memorandum with 4irst class postage affixed and addressed to the following: Mal•cus A. Mcls.zzight, III, Esquire Irwin, McKrl,ight & Hughes 60 West Pomfret Stgreet Carlisle, PA 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 p.9 J--._._ J~~ ., Catherine St. Pierre, Paralegal ARTHUR A. KUS1C, P.C. 4201 Crums Mill Road 1-larrigburg, PA 1711'7 (717) 540-5610 Jan 17 02 05:33p Rrnhur Kusic PC 7175407618 p.l FAX TRANSMITTAL FORM ARTHUR A. KLTSIC, ESQUIRE 4201 CRUMS MILL ROAD HARRISBURG, PA 17112 PRONE: (717) 540-5610 FAX: (717)540-7618 BATE: 1 / 17 / 02 FAX MESSAGE TO: Court Administrator COMPANY: Cumberland County Courthouse FAX NUMBER: 240-6460 N'ROM: Arthur A. Kusic, Esq. NUMBER OF PAGES, INCLUDING TRANSMITTAL FORM: 9 CONFIRM RECEIPT OF 1°IiTS TRANSMITTAL: _x__,_YES NO COM S Re: U1-4234 civil term, Pinnacle Health Systems, Inc. v. Habecker Pursuant to your conversatiozz with my paralegal, enclosed herewith is a copy of Plaintiff's Pre-'T'rial memorandum with regard to the abgvc matter. The original is being fed-ex'd to the Prothonotary with a request Lo time stamp and forward to you. IF THIS TRANSMITTAL IS RECEI'V'ED FOORLY OR INCOMPLETELY, PLEASE CALL ANll ASIC FOR Cathy. PLEASE NOTE: This message is intended only for the use of the individual or entity to which it is address and may cr<ntain information that is privileged, confidential and exempt from disclosure under applicable law. If you have received this communication in error, please notify us iix~az~ediately cithcx by facsimile or telephone. .. PINNACLE HEALTH SYSTEMS, INC., : IN'THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001-4234 CIVIL TERM CIVIL ACTION -LAW. GERALD HABECKER and DOLORESHABECKER, Defendants PRE-TRIAL MEMORANDUM OF DEFENDANTS I. STATEMENT OF THE CASE: On or about September 14, 1998 through September 18, 1998 the plaintiff provided medical services to the defendant, Gerald Habecker. The defendant avers that these medical services were unnecessary for his health and welfare. The defendant also avers that he was billed without his consent and that neither he or his defendant wife signed any authorization for the services rendered. The defendant, Gerald Habeckerwas uninsured at the time the services were rendered. The defendants need to engage in sufficient discovery to determine the basis for the claims of the plaintiff. II. ISSUES: Question (1): Whether the plaintiffs' services provided to defendant Gerald Habecker were necessary for his health and welfare. Question (2): Whether plaintiff billed the defendants its usual and customary charges for the services rendered: Question (3): Whether the defendant consented to the services rendered. Question (4): Whether the doctrine of "unjust enrichment" applies to material possessions and not to the service offered by the plaintiff. Question (4): Whether a formal demand for payment was made by plaintiff. Question (5): Whether the defendant had knowledge of the necessity of the services performed and whether he consented to the services performed. Question (6): Whether the "doctrine of necessaries" is applicable in this case. III. WITNESSES OF DEFENDANT: 1. Gerald Habecker, Defendant 5213 Legene Lane Enola, PA 17025 2. Dolores Habecker, Defendant 5213 Legene Lane Enola, PA 17025 3. The plaintiff s representatives as on cross-examination IV. 1. Itemized Statement of services rendered to defendant from September 14, 1998 through September 18, 1998. 2. Other documents as discovered. 2 V. SUGGESTED RESOLUTION -SETTLEMENT NEGOTIATIONS: The parties had agreed to delay trial in order to give the defendants time to prepare and explore settlement possibilities. By: Date: January 22, 2002 Respectfully submitted, IRWIN, M/c~K/~/N/IGHT~& /H/U/GHES MAR9~~~ffdlG~, III, ESQUIRE Att for defendants, Gerald Habecker and olores Habecker 60 omfret Street Carlisle, Penn (717) 249-2353 Supreme Court I.D. No. 25476 3 PINNACLE HEALTH SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001-4234 CIVIL TERM CIVIL ACTION -LAW GERALD HABECKER and DOLORES HABECKER, Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Pre-Trial Memorandum was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Arthur A. Kusic, P.C. 4201 Crums Mill Road Harrisburg, PA 17112 IRWIN, McKNIGHT & HUGHES By: a us A. McKnight, I, Esquire est Pomfret Street C ' le. PA 17013 (717) 24'~-~53 Supreme Court Date: January 22, 2002 PINNACLE HEALTH SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001-4234 CIVIL TERM CIVIL ACTION -LAW GERALD HABECKER and DOLORES HABECKER, Defendants PRE-TRIAL MEMORANDUM OF DEFENDANTS I. STATEMENT OF THE CASE: On or about September 14, 1998 through September 18, 1998 the plaintiff provided medical services to the defendant, Gerald Habecker. The defendant avers that these medical services were unnecessary for his health and welfare. The defendant also avers that he was billed without his consent and that neither he or his defendant wife signed any authorization for the services rendered. The defendant, Gerald Habeckerwas uninsured at the time the services were rendered. The defendants need to engage in sufficient discovery to determine the basis for the claims of the plaintiff. II. ISSUES: Question (1): Whether the plaintiffs' services provided to defendant Gerald Habecker were necessary for his health and welfare. Question (2): Whether plaintiff billed the defendants its usual and customary charges for the services rendered. Question (3): Whether the defendant consented to the services rendered. Question (4): Whether the doctrine of "unjust enrichment" applies to material possessions and not to the service offered by the plaintiff. Question (4): Whether a formal demand for payment was made by plaintiff. Question (5): Whether the defendant had knowledge of the necessity of the services performed and whether he consented to the services performed. Question (6): Whether the "doctrine of necessaries" is applicable in this case. III. WITNESSES OF DEFENDANT: 1. Gerald Habecker, Defendant 5213 Legene Lane Enola, PA 17025 2. Dolores Habecker, Defendant 5213 Legene Lane Enola, PA 17025 3. The plaintiffs representatives as on cross-examination IV. EXHI$ITS: 1. Itemized Statement of services rendered to defendant from September 14, 1998 through September 18, 1998. 2. Other documents as discovered. 2 V. SUGGESTED RESOLUTION -SETTLEMENT NEGOTIATIONS: The parties had agreed to delay trial in order to give the defendants time to prepare and explore settlement possibilities. Respectfully submitted, IRWIN, McKNI HT & HU HES '~ By: Attorney for defe ants, Gerald becker and D 60 West Pomfret eet Carlisle, Pennsylvania 1 (717)249-2353 Supreme Court I.D. No. 25476 Date: January 22, 2002 3 PINNACLE HEALTH SYSTEMS, INC., Plaintiff v. GERALA HABECKER and DOLORES HABECI{ER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4234 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Pre-Trial Memorandum was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Arthur A. Kusic, P.C. 4201 Crums Mill Road Harrisburg, PA 17112 IRWIN, McKNIGHT & HUGHES ~~f ~ r~ By: 60 W~t Pomfret Street Carlis , PA 17013 Esquire (717) 24 353 Supreme Cou .D. No. 254 Date: January 22, 2002 4 ,,~~F PINNACLE HEALTH SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001-4234 CIVIL TERM CIVIL ACTION -LAW GERALD HABECKER and DOLORES HABECKER, Defendants PRE-TRIAL MEMORANDUM OF DEFENDANTS I. STATEMENT OF THE CASE: On or about September 14, 1998 through September 18, 1998 the plaintiff provided medical services to the defendant, Gerald Habecker. The defendant avers that these medical services were unnecessary for his health and welfare. The defendant also avers that he was billed without his consent and that neither he or his defendant wife signed any authorization for the services rendered. The defendant, Gerald Habeckerwas uninsured at the time the services were rendered. The defendants need to engage in sufficient discovery to determine the basis for the claims of the plaintiff. II. ISSUES: Question (1): Whether the plaintiffs' services provided to defendant Gerald Habecker were necessary for his health and welfare. Question (2): Whether plaintiff billed the defendants its usual and customary charges for the services rendered. ::~, ... Question (3): Whether the defendant consented to the services rendered. Question (4): Whether the doctrine of "unjust enrichment" applies to material possessions and not to the service offered by the plaintiff. Question (4): Whether a formal demand for payment was made by plaintiff. Question (5): Whether the defendant had knowledge of the necessity of the services performed and whether he consented to the services performed. Question (6): Whether the "doctrine of necessaries" is applicable in this case. III. WITNESSES OF DEFENDANT: 1. Gerald Habecker, Defendant 5213 Legene Lane Enola, PA 17025 2. Dolores Habecker, Defendant 5213 Legene Lane Enola, PA 17025 3. The plaintiffs representatives as on cross-examination IV. EXHIBITS: 1. Itemized Statement of services rendered to defendant from September 14, 1998 through September 18, 1998. 2. Other documents as discovered. 2 V. SUGGESTED RESOLUTION -SETTLEMENT NEGOTIATIONS: The parties had agreed to delay trial in order to give the defendants time to prepare and explore settlement possibilities. Respectfully submitted, IRWIN, McKNIGHT & BY: ~~G/ MARCi7S A. M IGHT, I, ESQUIRE Attorney for def dants, Gerald Habec er and Dolores Habecker 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717)249-2353 Supreme Court I.D. No. 25476 Date: January 22, 2002 3 PINNACLE HEALTH SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001-4234 CIVIL TERM CIVIL ACTION -LAW GERALD HABECKER and DOLORES HABECKER, Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Pre-Trial Memorandum was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Arthur A. Kusic, P.C. 4201 Crums Mill Road Harrisburg, PA 17112 IRWIN, McKNIGHT & HUGHES By: Marcu McI{nighf, II, Esquire 60 We Pomfret Street Cazlisl . A 17013 (717)249-2353 Supreme Court I.D. No. 25476 Date: January 22, 2002 4 PINNACLE HEALTH SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001-4234 CIVIL TERM CIVIL ACTION -LAW GERALD HABECKER and DOLORES HABECKER, Defendants PRE-TRIAL MEMORANDUM OF DEFENDANTS I. STATEMENT OF THE CASE: On or about September 14, 1998 through September 18, 1998 the plaintiff provided medical services to the defendant, Gerald Habecker. The defendant avers that these medical services were unnecessary for his health and welfare. The defendant also avers that he was billed without his consent and that neither he or his defendant wife signed any authorization for the services rendered. The defendant, Gerald Habeckerwas uninsured at the time the services were rendered. The defendants need to engage in sufficient discovery to determine the basis for the claims of the plaintiff. II. ISSUES: Question (1): Whether the plaintiffs' services provided to defendant Gerald Habecker were necessary for his health and welfare. Question (2): Whether plaintiff billed the defendants its usual and customary charges for the services rendered. Question (3): Whether the defendant consented to the services rendered. Question (4): Whether the doctrine of "unjust enrichment" applies to material possessions and not to the service offered by the plaintiff. Question (4): Whether a formal demand for payment was made by plaintiff. Question (5): Whether the defendant had knowledge of the necessity of the services performed and whether he consented to the services performed. Question (6): Whether the "doctrine of necessaries" is applicable in this case. III. WITNESSES OF DEFENDANT: 1. Gerald Habecker, Defendant 5213 Legene Lane Enola, PA 17025 2. Dolores Habecker, Defendant 5213 Legene Lane Enola, PA 17025 3. The plaintiffs representatives as on cross-examination IV. EXHIBITS: 1. Itemized Statement of services rendered to defendant from September 14, 1998 through September 18, 1998. 2. Other documents as discovered. 2 V. SUGGESTED RESOLUTION -SETTLEMENT NEGOTIATIONS: The parties had agreed to delay trial in order to give the defendants time to prepare and explore settlement possibilities. Respectfully submitted, IRWIN, McKNIGHT & HUGHES B ~` ,~ Y MARCUS cKNIGH II, ESQUIRE Attorney fo defendants, Gera Habecker and olores Habecker 60 West PomfrTSt~t_-~' Carlisle, Pennsylvania 17013 (717)249-2353 Supreme Court I.D. No. 25476 Date: January 22, 2002 3 ~~ -- ,_ PINNACLE HEALTH SYSTEMS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2001-4234 CIVIL TERM CIVIL ACTION -LAW GERALD HABECKER and DOLORESHABECKER, Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Pre-Trial Memorandum was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Arthur A. Kusic, P.C. 4201 Crums Mill Road Harrisburg, PA 17112 IRWIN, `McKNIGHT & HUGHES ..~it~ / ~-,~V By: Marc s A. McKnight, I, Esquire 60 W t Pomfret Street Carlisle, 17013 (717)249-23 Supreme Court I.D. No. 25476 Date: January 22, 2002 4 PINNACLE HEALTH SYSTEMS, INC., Plaintiff v. GERALD HABECKER and DOLORES HABECKER, Defendant * IN TIME COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * CML ACTION -LAW * NO. 01-4234 CML TERM * * * * PLAINTIFF'S PRE-TRIAL MEMORANDUM AND NOW comes Plaintiff by and through its attorney Arthur A. Kusic, Esquire and hereby presents its Pre-Trial Memorandum as follows: I. STATEMENT OF FACTS AS TO LIABILITY Plaintiff seeks to recover payment for services rendered to Defendant Gerald Habecker. From on or about September 14, 1998 through to or about September 18, 1998, Plaintiff provided medical services to Defendant Gerald Habecker. Plaintiff avers that the medical services were necessary for Defendant Gerald Habecker's health and welfare and that Defendants were billed Plaintiff's usual and customary charges for the services and expenses incurred. Plaintiff did reasonably expect to be paid for the services rendered to Defendant Gerald Habecker by the parties benefited. Plaintiff believes that should Defendant Gerald ~ ~ Habecker not be held liable to Plaintiff for payment of the services c~. ~~y` ~~ rendered, he would be unjustly enriched at Plaintiff's expense ~a~f i~t.v "C~ received services for which he has not paid. t`= -:, _J i ~^I,f '_-ic`? ,~ `~ m -~ Plaintiff claims Defendant Dolores Habecker is liable for the aforesaid services rendered to her husband pursuant to the "doctrine of necessaries", now codified under 23 Pa.C.S.A. § 4102. II. STATEMENT OF DAMAGES Plaintiff claims the amount due and owing for the aforesaid services rendered is $26,472.20. III. 4TATF'MF1VT a4 T(7 THE PRIN('TPAL ISSUES OF LIABILITY AND DAMAGES The principal issues of liability and damages are as follows: (A) Whether the services provided by Plaintiff to defendant Gerald Habecker were necessary for his health and welfare; (B) Whether Plaintiff billed the defendants its usual and customary charges for the services rendered; (C )Whether Defendant Gerald Habecker consented to the services; (D) Whether the doctrine of "unjust enrichment" applies in the instant matter; (E) Whether demands for payment were made upon the Defendants; (F) Whether Defendant Dolores Habecker, pursuant to the doctrine of necessaries, is liable to Plaintiff for the services rendered to her husband (A) Plaintiff believes the medical services it rendered to Defendant Gerald Habecker were necessary for his benefit and welfare. The services rendered were part of a series of services rendered to Defendant during the month of September, 1998 due to his heart condition. (B) Whether or not Defendants find Plaintiff's charges "reasonable', such charges were Plaintiff's usual and customary charges for such services. (C) Plaintiff believes that Defendant Gerald Habecker consented to receipt of the services rendered from on or about September 14, 1998 through to or about September 18, 1998 in that he underwent Pre-Admission Testing for the surgery performed on September 14, 1998 and executed certain consent forms, In addition, both Defendants underwent Preoperative Teaching in preparation for Defendant Gerald Habecker's surgery and executed forms to indicate that they had done so. Defendant in presenting himself for surgery on September 14, 1998 certainly implied his consent therefore and request thereof. Defendant Dolores Habecker was aware of the services that were to be rendered to her husband during the time in question and executed a receipt for his valuables at the time of his admission to Plaintiff's facility and did further execute a form consenting to the use of photography for scientific purposes during his surgery. Accordingly, even if Defendant did not have an express contract for the services of September 14 through September 18, 1998, he most certainly had an implied one and breached the contract by his non-payment for said services. (D) Defendants contend that the doctrine of "unjust enrichment" applies to material possessions and not to services. Plaintiff contends that the doctrine applies to services and that the Defendants are liable to Plaintiff under the theory of quantum meruit. Defendants knew or should have known that Plaintiff would render the services with the expectation that it would be paid for the services rendered. A review of "quantum meruit" in Black's Law Dictionary, 5tr' Edition and case law in Dauphin County, Pennsylvania clearly demonstrate the use of a quantum meruit claim to recover payment for services rendered. (E) Plaintiff did make demands for payment upon the Defendants. They filled out and executed Plaintiff's Financial Application form when payment was not forthcoming after services were rendered. At the very least, the Complaint certainly would constitute a formal demand for payment. (Fi While Defendants deny the liability of Defendant Dolores Habecker for the services rendered to her husband, the "doctrine of necessaries" provides otherwise. Pennsylvania case law and Cumberland County case law have upheld this concept of spousal responsibility. In the past, the definition of "necessaries" has encompassed not only basic needs but also health care, education and in one case a fur coat. The medical services rendered to Defendant Gerald Habecker would clearly fall under the definition of "necessaries". V. Plaintiff intends to call the following witnesses at Trial: Harry Park, Manager of Patient Accounts Pinnacle Health Systems, Inc. P.O. Box 2353 Harrisburg, PA 17105 Sharon Ghesek, Supervisor, Patient Finance Support 8s Collections Pinnacle Health Systems, Inc. P.O. Box 2353 Harrisburg, PA 17105 Gerald Habecker 5412 Legene lane Enola, PA 17025 Dolores Habecker 5412 Legene Lane Enola, PA 17025 VI. PLAINTIFF'S EXHIBITS Exhibit "1": Itemized Statement of services rendered to Defendant Gerald Habecker from September 14, 1998 through September 18, 1998. This statement was included as Exhibit "A' of Plaintiffs Complaint and sets forth, inter alia, charges for Defendant Gerald Habecker's heart surgery, use of the recovery room, medications, and so forth. Exhibit "2": Consent executed by Defendant Gerald Habecker for heart catherization performed approximately five days prior to the services of September 14 through 18, 1998 were rendered. Exhibit "3": Pre-admission Testing and Consent forms signed by Defendant Gerald Habecker on or about September 11, 1998. Exhibit "4": Pre-operative Teaching form dated September 11, 1998 and executed by the Defendants. Exhibit "5": Permission for use of photograph for scientific purposes executed by Defendant Dolores Habecker on or about September 14, 1998, the day of her husband's surgery. Exhibit "6": Admission/Transfer of Patient Valuables form executed by defendant Dolores Habecker on September 14, 1998, the day her husband was admitted for surgery. Exhibit "7": Pinnacle Health Financial Application executed by the Defendants on or about March 11, 1999. :~ VII. STATEMENT OF SETTLEMENT On or about August 13, 2001; Plaintiffs attorney telephoned the attorney for the Defendants and discussed settlement of the case. No resolution was reached at that time. To date, despite several attempts on the part of Plaintiffs attorney to follow up, no further settlement discussions have taken place. RESPECTFULLY SUBMITTED: ARTH A. KiJSIC, ESQUIRE 4201 Crums Mill Road Harrisburg, PA 17112 (717) 540-5610 Supreme Court No. 07207 Attorney for Plaintiff PINNACLE HEALTH SYSTEMS, INC., Plaintiff v. GERALD HABECKER and DOLORES HABECKER, Defendants * IN THE COURT OF COMMON PLEAS *CUMBERLAND COUNTY, PENNSYLVANIA * * CIVIL ACTION -LAW * NO. 4234 CIVIL TERM 2001 * * * * CERTIFICATE OF SERVICE T, Catherine St. Pierre, paralegal for Arthur A. Kusic, Esquire, do hereby certify that on this 17th day of January, 2002, I placed in the United States mail true and correct copies of the Plaintiff's Pre-Trial Memorandum with first class postage affixed and addressed to the follgwing: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Stgreet Carlisle, PA 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ___ ~ Catherine St. Pierre, Paralegal ARTHUR A. KUSIC, P.C. 4201 Crums Mill Road Harrisburg, PA 17112 (717) 540-5610 PINNACLE HEALTH SYSTEMS, INC-, Plaintiff v. GERALD HABECKER and DOLORES HABECKER, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * CIVIL ACTION -LAW * NO. 01-4234 CIVIL TERM * * * * PLAINTIFF'S PRE-TRIAL MEMORANDUM AND NOW comes Plaintiff by and through its attorney Arthur A. Kusic, Esquire and hereby presents its Pre-Trial Memorandum as follows: I. STATEMENT OF FACTS AS TO LIABILITY Plaintiff seeks to recover payment for services rendered to Defendant Gerald Habecker. From on or about September 14, 1998 through to or about September 1$, 1998, Plaintiff provided medical services to Defendant Gerald Habecker. Plaintiff avers that the medical services were necessary for Defendant Gerald Habecker's health and welfare and that Defendants were billed Plaintiff's usual and customary charges for The services and expenses incurred. Plaintiff did reasonably expect to be paid for the services rendered to Defendant Gerald ~ab~kef? ~,. c._ by the parties benefited. Plaintiff believes that should Defends' ~Ger~d - ~-- r ~ CSR %~~: TV _ _~ '. ~ ~, r Habecker not be held liable to Plaintiff for payment of the sere -;, - ~'-. _ rendered, he would be unjustly enriched at Plaintiffls expense~avi'ng ~: vn ~c ..a ~ received services for which he has not paid. Plaintiff claims Defendant Dolores Habecker is liable for the aforesaid services rendered to her husband pursuant to the "doctrine of necessaries", now codified under 23 Pa.C.S.A. § 4102. II. STATEMENT OF DAMAGES Plaintiff claims the amount due and owing for the aforesaid services rendered is $26,472.20. III. STATEMENT AS TO THE PRINCIPAL ISSUES OF LIABILITY AND DAMAGES The principal issues of liability and damages are as follows: (A) Whether the services provided by Plaintiff to defendant Gerald Habecker were necessary for his health and welfare; (B) Whether Plaintiff billed the defendants its usual and customary charges for the services rendered; (C )Whether Defendant Gerald Habecker consented to the services; (D) Whether the doctrine of "unjust enrichment" applies in the instant matter; (E) Whether demands for payment were made upon the Defendants; (F) Whether Defendant Dolores Habecker, pursuant to the doctrine of necessaries, is liable to Plaintiff for the services rendered to her husband (A) Plaintiff believes the medical services it rendered to Defendant Gerald Habecker were necessary for his benefit and welfare. The services rendered were part of a series of services rendered to Defendant during the month of September, 1998 due to his heart condition. (B) Whether or not Defendants fmd Plaintiffs charges "reasonable', such charges were Plaintiffs usual and customary charges for such services. (C) Plaintiff believes that Defendant Gerald Habecker consented to receipt of the services rendered from on or about September 14, 1998 through to or about September 18, 1998 in that he underwent Pre-Admission Testing for the surgery performed on September 14, 1998 and executed certain consent forms, In addition, both Defendants underwent Preoperative Teaching in preparation for Defendant Gerald Habecker's surgery and executed forms to indicate that they had done so. Defendant in presenting himself for surgery on September 14, 1998 certainly implied his consent therefore and request thereof. Defendant Dolores Habecker was aware of the services that were to be rendered to her husband during the time in question and executed a receipt for his valuables at the time of his admission to Plaintiffs facility and did further execute a form consenting to the use of photography for scientific purposes during his surgery. Accordingly, even if Defendant did not have an express contract for the services of September 14 through September 18, 1998, he most certainly had an implied one and breached the contract by his non-payment for said services. (D) Defendants contend that the doctrine of "unjust enrichment" applies to material possessions and not to services. Plaintiff contends that the doctrine applies to services and that the Defendants are liable to Plaintiff under the theory of quantum meruit. Defendants knew or should have known that Plaintiff would render the services with the expectation that it would be paid for the services rendered. A review of "quantum meruit° in Black's Law Dictionary, 5~ Edition and case law in Dauphin County, Pennsylvania clearly demonstrate the use of a quantum meruit claim to recover payment for services rendered. (E) Plaintiff did make demands for payment upon the Defendants. They filled out and executed Plaintiff's Financial Application form when payment was not forthcoming after services were rendered. At the very least, the Complaint certainly would constitute a formal demand for payment. (F) While Defendants deny the liability of Defendant Dolores Habecker for the services rendered to her husband, the "doctrine of necessaries" provides otherwise. Pennsylvania case law and Cumberland County case law have upheld this concept of spousal responsibility. In the past, the definition of "necessaries" has encompassed not only basic needs but also health care, education and in one case a fur coat. The medical services rendered to Defendant Gerald Habecker would clearly fall under the definition of "necessaries". V. WITNESSES Plaintiff intends to call the following witnesses at Trial: Harry Park, Manager of Patient Accounts Pinnacle Health Systems, Inc. P.O. Box 2353 Harrisburg, PA 17105 Sharon Ghesek, Supervisor, Patient Finance Support & Collections Pinnacle Health Systems, Inc. P.~O. Box 2353 Harrisburg, PA 17105 Gerald Habecker 5412 Legene lane Enola, PA 17025 Dolores Habecker 5412 Legene Lane Enola, PA 17025 VI. PLAINTIFF'S EXHIBITS Exhibit "1": Itemized Statement of services rendered to Defendant Gerald Habecker from September 14, 1998 through September 18, 1998. This statement was included as Exhibit "A' of Flaintiff's Complaint and sets forth, inter alia, charges for Defendant Gerald Habecker's heart surgery, use of the recovery room, medications, and so forth. Exhibit "2": Consent executed by Defendant Gerald Habecker for heart catherization performed approximately five days prior to the services of September 14 through 18, 1998 were rendered. Exhibit "3": Pre-admission Testing and Consent forms signed by Defendant Gerald Habecker on or about September 11, 1998. Exhibit "4": Pre-operative Teaching form dated September 11, 1998 and executed by the Defendants. Exhibit "5": Permission for use of photograph for scientific purposes executed by Defendant Dolores Habecker on or about September 14, 1998, the day of her husband's surgery. Exhibit "6": Admission/Transfer of Patient Valuables form executed by defendant Dolores Habecker on September 14, 1998, the day her husband was admitted for surgery. Exhibit "7": Pinnacle Health Financial Application executed by the Defendants on or about March 11, 1999. VII. STATEMENT OF SETTLEMENT NEGOTIATIONS On or about August 13, 2001, Plaintiff's attorney telephoned the attorney for the Defendants and discussed settlement of the case. No resolution was reached at that time. To date, despite several attempts on the part of Plaintiff s attorney to follow up, no further settlement discussions have taken place. RESPECTFULLY SUBMITTED: ARTH A. I{LISIC, ESQUIRE 4201 Crums Mill Road Harrisburg, PA 17112 (717) 540-5610 Supreme Court No. 07207 Attorney for Plaintiff PINNACLE HEALTH SYSTEMS, INC., Plaintiff v. GERALD HABECKER and DOLORES HABECKER, Defendants * IN THE COURT OF COMMON PLEAS *CUMBERLAND COUNTY, PENNSYLVANIA * * CIVIL ACTION -LAW * NO. 4234 CIVIL TERM 2001 * * * * CERTIFICATE OF SERVICE T, Catherine St. Pierre, paralegal for Arthur A. Kusic, Esquire, do hereby certify that on this 17th day of January, 2002, I placed in the United States mail true and correct copies of the Plaintiff's Pre-Trial Memorandum with first class postage affixed and addressed to the following: Marcus A. McKnight, III, Esquire Irwin, McKnight 8a Hughes 60 West Pomfret Stgreet Carlisle, PA 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Catherine St. Pierre, Paralegal ARTHUR A. KUSIC, P.C. 4201 Crums Mill Road Harrisburg, PA 17112 (717) 540-5610 PINNACLE HEALTH SYSTEMS, INC., Plaintiff v. GERALD HABECKER and DOLORESHABECKER, Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4234 CIVIL TERM CIVII. ACTION -LAW ANSWER TO COMPLAINT AND NOW, this 10th day of August 2001 comes the Defendants, GERALD HABECKER and DOLORES HABECKER, by their attorneys, Irwin, McKnight & Hughes, and makes the following Answer to Complaint: 1. The averments of fact contained in paragraph one (1) of the Complaint are admitted. 2. The averments of fact contained in paragraph two (2) of the Complaint aze admitted. 3. The averments of fact contained in paragraph three (3) of the Complaint are admitted as set forth above. 4. The averments of fact contained in paragraph four (4) of the Complaint aze beyond the knowledge and information of the Defendants. Specifically, the Defendants do not know if the treatment provided was reasonable or necessary nor do they know whether the charges were reasonable. Therefore, the averments of fact denied and proof thereof is demanded. 5. The averments of fact contained in paragraph five (5) of the Complaint are specifically denied. On the contrary, it is denied that the charges were reasonable and that the services were necessary for the needs of the Defendants. 6. The averments of fact contained in paragraph six (6) of the Complaint are specifically denied. On the Contrary, the Defendant, Gerald Habecker, was unable to consent to said services and he does not know the expectation of the Plaintiff. 7. The averments of fact contained in paragraph seven (7) of the Complaint are specifically denied. On the contrary, the principal of unjust enrichment applies to material possessions and not to the service offered by the Plaintiff in this case. The averments are therefore denied. 8. The averments off act contained in paragraph eight (8) of the Complaint are admitted in part. It is admitted that the Defendants received some billing statements. No formal demand for payment was made by the Plaintiff to the Defendant, Gerald Habecker. WHEREFORE, the Defendants respectfully request that Count I of the Complaint be dismissed with judgment entered in favor of the Defendants with costs as permitted by law. 9. The answers to paragraph one (1) through eight (8) of the Complaint are inwrporated by reference and made a part of this answer to paragraph nine (9) of the Complaint. 10. The averments of fact contained in paragraph ten (10) of the Complaint are specifically denied. On the contrary, the Defendant has no knowledge of the necessity of the services and did not consent to same. The averments of fact are therefore denied and proof thereof is demanded. 11. The averments of fact contained in pazagraph eleven (11) of the Complaint are conclusions of law to which an answer is not required. They are therefore denied. It is further denied that "the doctrine of necessaries" is applicable to this case. 12. The auerments of fact contained in paragraph twelve (12) of the Complaint are specifically denied. On the contrary, Defendants did not wnsent to the services and proof is demanded of their necessity in this case. 13. The averments of fact contained in paragraph thirteen (13) of the Complaint are specifically denied. The Defendant, Dolores Habecker, was never served with any demand or bill for payment of the services rendered to Defendant, Gerald Habecker. WHEREFORE, the Defendants respectfully request that Count II of the Complaint be dismissed with judgment entered in favor of the Defendants with costs as permitted by law. 14. The answers to paragraphs one (1) through thirteen (13) of the Complaint aze hereby incorporated by reference and made a part of this answer to paragraph fourteen (14) of the Complaint. 15. The averments of fact contained in paragraph fifteen (15) of the Complaint aze conclusions of law which require no answer. They are therefore denied. 16. The averments of fact contained in paragraph sixteen (16) of the Complaint are specifically denied. On the contrary, the Plaintiff has only sought payment from the Defendant, Gerald Habecker. The Defendant, Dolores Habecker, was never billed nor contacted regazding the payment of this bill. 17. The auennents of fact contained in pazagraph seventeen (17) of the Complaint are conclusions of law to which an answer is not required. They aze therefore denied. 4 WHEREFORE, the Defendants respectfully request that Count III of the Complaint be dismissed with judgment entered in favor of the Defendants with costs as permitted by law. Respectfully submitted, IRWIN, lam" By: Marcus . McKn 60 West Pomfret St Carlisle, Pennsylvania 17013 (717)249-2353 Supreme Court LD. No. 25476 Attorney for Defendants Date: August 10, 2001 VERIFICATION The foregoing Answer to Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made aze subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: AIIGDST 10, 2001 PINNACLE HEALTH SYSTEMS, INC., Plaintiff PENNSYLVANIA v. GERALD HABECKER and DOLORESHABECKER, Defendants THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NO.O1-4234 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer to Complaint was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Arthur A. Kusic, Esquire 4201 Crums Mill Road Post Office Box 67015 Harrisburg, PA 17112 IIiWIN, McKNIGHT & HUGHES O By: Marcu A. McKnight, nom,---- 60 West Pomfret Street Cazlisle, PA 17013 (717)249-2353 Supreme Court LD. No. 25476 Date: August 10, 2001 ~j c~ r~ t~ -- -ri " vc~ °- - ~ ._ ern ; _ - -7 ~~' ~ iT ~ D r, ~, ~ 5=- _;i ,.. -< tJ K PINNACLE HEALTH SYSTEMS, INC., Plaintiff v. GERALD HABECKER and DOLORESHABECKER, Defendants THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO.O1-4234 CIVII. TERM CIVII. ACTION -LAW PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the defendants, GERALD HABECKER AND DOLORES HABECKER, in the above captioned case. Respectfully submitted, IRWIN, Mc~QIGH,T',& HUGHES G~ By: 60 West Pomfre~k4eet Carlisle, Pennsylvania 17013 (717)249-2353 Attorney for defendant, Gerald Habecker and Dolores Habecker Date August 10, 2001 1 PINNACLE HEALTH SYSTEMS, INC., Plaintiff v. GERALD gABECKER and DOLORE5HABECKER, Defendants NO.O1-4234 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Enter Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Arthur A. Kusic, Esquire 4201 Crums Mill Road Post Office Box 67015 Harrisburg, PA 17112 IIiWIN, By: Marcus A. McKnigll~fI, Es 60 West Pomfret Street ~- Carlisle, PA 17013 (717)249-2353 Supreme Court I.D. No. 25476 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Date: August 10, 2001 c ~' "p [ii ~' fsa, n tJ ~ __ ~ U c~ ~f ~"^~ ~ ~ f r~ ~=L-, - ~~ ..ter 'fir ' --'_ ~ '' `_' - a~ ~? _~ PINNACLE HEALTH * IN THE COURT OF COMMON PLEAS SYSTEMS, INC., *CUMBERLAND COLiNTY, PENNSYLVANIA Plaintiff * CIVIL ACTION -LAW v. NO. 4234 CIVIL TERM 2001 * GERALD HABECKER and DOLORES HAB!ECKER, Defendants CERTIFICATE OF SERVICE I, Catherine St. Pierre, paralegal for Arthur A. Kusic, Esquire, do hereby certify that on this 18th day of December, 2001, I placed in the United States mail true and correct copies of the Praecipe for Listing Case for Trial, with dates set forth, with first class postage affixed and addressed to the following: Marcus A. McKnight, III, Esquire Irwin, McKnight & Hughes 60 West Pomfret Stgreet Carlisle, PA 17013 Catherine St. Pierre, Paralegal ARTHUR A. KUSIC, P.C. 4201 Crums Mill Road Harrisburg, PA 17112 (717) 540-5610 s ., PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. (X ) for~trial without a jury. CAPTION OF CASE (entire caption must be stated in full) PINNACLE HEALTH SYSTEMS, INC. (check one) (g) Assumpsit ( ) Trespass ( ) Trespass {Motor (Plaintiff) vs. _ GERALD HABECKER and DOLORES HABECKER (Defendant) vs. z c;n -n ~~ i„~ The trial list will be called on 1~i~r=. ~..,7nol and ~t ~j.'3~,H ~ . Trials commence on ~c~n • ,~ S; a-cf~ 1 Pretrials will be held on t~Ca,YI. gy ~9oJ (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 4234 _ Civil Term ~X 2001 Indicate the attorney who will try case for the party who files this praecipe: Arthur A. Kusic, Esquire, 4201 Crums MIll Rd, ,Harrisburg, PA 17112 Indicate trial counsel for other parties if known: Marcus A. McKnight, III, Esquire Irwin, Mcl~might & Hughes, 60 W. Pomfret Street, Carlisle, PA 17013 This case is ready for trial. I .. Print Name: nri-hnr ~j nci n, Far_ ~. . ~ -, ~ ... Cumberland 7 ~.~~. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. (X ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) PINNACLE HEALTH SYSTEMS, INC. (Plaintiff) vs. GERALD HABECKER and DOLORES HABECKER (check one) (X) Assumpsit ( ) Trespass ( ) Trespass (Motor Vehicle) (other) The trial list will be called on and Trials commence on vs. (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 4234 Civil Term y~X 2001 Indicate the attorney who will try case for the party who files this praecipe: Arthur A. Kusic, Esquire, 4201 Crums M111 Rd, Harrisburg, PA 17112 Indicate trial counsel for other parties if known: Marcus A, McKnight, III, Esquire Irwin, McIQmight & Hughes, 60 W. Pomfret Street, Carlisle, PA 17013 This case is ready for trial. Print Name: ar+hnr~ Kngi C~-FGrtx 1 1 / 7 / 01 Cumberland 7 Date: Attorney for: Plaintiff- Exhibit "B" ~,~ -~ _ PINNACLE HEALTH * IN THE COURT OF COMMON FLEAS SYSTEMS, INC., * CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff * * CIVIL ACTION -LAW ~. * NO. 01-4234 Civil Term * GERALD HABECKER and DOLORES HABECKER, * Defendants CERTIFICATE OF SERVICE I, Catherine St. Pierre, paralegal for Arthur A. Kusic, Esquire, do hereby certify that on this 7th day of November, 2001, I placed in the United States mail true and correct copies of the Praecipe for Listing case for Trial with first class postage affixed and addressed to the following: Marcus A. McKnight, III, Esquire Irwin McKnight 8s Hughes 60 West Pomfret Street Carlisle, PA 17013 Catherine St. Pierre, Paralegal ARTHUR A. KUSIC, P.C. 4201 Crums Mill Road Harrisburg, PA 17112 (717) 540-5610 ~~ _~~~- - ` ~ i ~;. .~ !„ - ;? fir; - == ~. ~, : _; , , ~~ '' , ~,:~ ~ ~ -~.,,~ F n ~.~~.~: _ ~ CASE NO: 2001-04234 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PINNACLE HEALTH SYSTEMS INC VS HABECKER GERALD ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HABECKER GERALD the DEFENDANT at 0903:00 HOURS, on the 23rd day of July 2001 at 5412 LEGENE LANE ENOLA, PA 17025 by handing to GERALD HABECKER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.75 Affidavit .00 Surcharge 10.00 .00 37.75 So Answers~~: R. Thomas Kline 07/24/20~- ARTHUR K Sworn and Subscribed to before By: me this 1, ~ day of Qi.w..r~ 0240 / A . D . Q 7r~. . P othonotary ' SHERIFF'S RETURN - REGULAR t CASE NO: 2001-04234 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PINNACLE HEALTH SYSTEMS I VS HABECKER GERALD ET RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HABECKER DOLORES DEFENDANT the at 0903:00 HOURS, on the 23rd day of July 2001 at 5412 LEGENE LANE ENOLA, PA 17025 by handing to GERALD HABECKER, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers : //. .00 .00 10.00 R. Thomas Kline nn L~.~~ 07/24/2001 ARTHUR K Sworn and Subscribed to before By: me this 4~ day of / A.D. PxZ onotary y ~ PINNACLE HEALTH SYSTEMS, INC. Plaintiff V. GERALD HABECKER and DOLORES HABECKEB Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. mil- ~/~`/ ~to~~~F~z-)pl NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the court without further notice for any money claimed in the Complaint for any other claim or relief requested 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL Cumberland County Court Admin. Fourth Floor One Courthouse Square Carlisle, PA 17013-3387 (&17) 240-6200 Respectfully submitted -ARTHUR k~;" ESQUIRE 4201 Crums Mill Road Post Office Box 67015 Harrisburg, PA 17112 (717) 540-5610 SUPREME COURT N0. 07207 ATTORNEY FOR PLAINTIFF Dated: PINNACLE HEALTH SYSTEMS, INC. IN THE COURT OF COMMON PLEAS COUNTY PENNSYLVANIA Plaintiff V. GERALD HABECKER RRand DOLOROES HABECDefendant CUMBERLAND CIVIL AGTION - LAW NO. NOTICIA Le han demandado a usted en la torte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL: LAWYER REFERRAL Cumberland County Court Admin. Fourth Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Respectfully submitted: ART R A. DIRE 4201 Crums Mill Road Post Office Box 67015 Harrisburg, PA 17112 (717) 540-5610 SUPREME COURT NO. 07207 ATTORNEY FOR PLAINTIFF Dated: PINNACLE HEALTH 8YSTEM, INC., Plaiatiff v. GERALD HABECKER aad DOLORES HABECKER, Defeadaata Up THE COURT OF COAt~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. ol- 4z3w ~~ ~--- COMPLAINT AND NOW comes Plaintiff by and through its attorney, Arthur A. Kusic, Esquire, and respectfully represents the following: 1. Plaintiff, Pinnacle Health System, Inc., is a hospital facility organized and existing under the laws of the Commonwealth of Pennsylvania with a mailing address of P.O. Box 2353, Harrisburg, Dauphin County, Pennsylvania, 17105. 2. Defendants, Gerald Habecker and Dolores Habecker are adult married individuals residing at 5412 Legene Lane, Enola, Cumberland County, Pennsylvania, 17025. COUNT I (Plaintiff v. Gerald Habecker) 3. Plaintiff incorporates herein by reference thereto the averments hereinabove set forth in paragraphs 1 through 2. 4. On or about September 14, 1998 through to on or about September 18, 1998, Plaintiff, at Defendant's request, provided necessary medical services to the Defendant, Gerald Habecker. 5. Plaintiff in good faith provided the necessary medical services to the Defendant thereafter billed the Defendants its usual and customary charges for the services and expenses incurred. Copies of its billing statements are attached hereto, made a part hereof and marked Exhibit "A". 6. Plaintiff did render health care services to the Defendant with the reasonable expectation that payment for such services would be made by the party benefited. 7. Should Defendant not be required to pay for the services rendered, Defendant would be unjustly enriched at Plaintiff's expense by having received services without paying for the services rendered. 8. Plaintiff has made demands upon the Defendant for payment of the balance due and owing of $26,472.20, which demands remain unheeded. WHEREFORE, Plaintiff prays your Honorable Court to enter Judgment in its favor and against the Defendant in the amount of $26,472.20 along with interest at the legal rate of 6% per annum and the costs of this proceeding. COUNT II (Plaintiff v. Dolores Habecker) 9. Plaintiff incorporates herein by reference thereto the averments hereinabove set forth in paragraphs 1 through 8. 10. Plaintiff believes and therefore avers that the health care services rendered to Defendant Gerald Habecker, husband of Defendant Dolores Habecker, were necessary for his benefit and welfare. 11. Pursuant to "the doctrine of necessaries", codified under 23 Pa.C.S.§4102, where debts are contracted for necessaries by either spouse, a creditor may institute suit against husband and wife for the price of the necessaries. 12. Plaintiff believes and therefore avers that pursuant to "the doctrine of necessaries", Defendant Dolores Habecker is liable to the Plaintiff for the necessary health care services rendered to her husband. 13. Plaintiff has made demands upon the Defendant for the balance due and owing of $26,472.20, which demands remain unheeded. WHEREFORE, Plaintiff prays your Honorable Court to enter Judgment in its favor and against the Defendant in the amount of $26,472.20 along with interest at the legal rate of 6% per annum and the costs of this proceeding. COUNT III (Plaintiff v. Gerald Habecker and Dolores Habecker) (Joint and Several) 14. Plaintiff incorporates herein by reference thereto the averments hereinabove set forth in paragraphs 1 through 13. 15. Plaintiff believes and therefore that avers that the Defendants are jointly and severally liable to the Plaintiff for the balance due and owing of $26,472.20. 16. Plaintiff has made demands upon the Defendants for the balance due and owing of $26,472.20, 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 the Defendants in the amount of $26,472.20 along with interest at the legal rate of 6% per annum and the costs of this proceeding. RESPECTFULLY SU ED: ur A c, squire 4201 Crums Mill Road Harrisburg, PA 17112 (717) 540-5610 Supreme Court Number: 07207 Attorney for Plaintiff PINNACLE HEALTH SYSTEM, INC., Plaintiff v. GERALD HABECKER and DOLORES HABECKER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. VERIFICATION I, Shy°a ~hES~/f , the ~ Ui'so~. ~A~Tenr ~ngnei~a-C~ ~OaoR.T n L'D l/EZTi ons of Pinnacle Health System, Inc. verify that the P' statements made in the COMPLAINT are True and correct and that I am authorized to make this Verification on behalf of PINNACLE HEALTH SYSTEM, INC. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authority. Pinnacle Health System, Inc. By: ~ ~~~ TITLE: S.uP~, ~ ~i~rlnei,~G ~~~~rv- C70(/~T °J~s DATE: t{/~d~o( uA» TYPE OF DATE OF BILL DATE Of BILL PRE V, BILL INP PATIENT NAME PATIENT NUMBER ~BE%~ AGE ~ ADMISSION DATE ~ DISCHARGE DATE DAYS INSURANCE COMPANY NAME GUARANTOR GERALD B HABECKER NAME 5412 LEGENE LANE AND ENOLA PA 17025 ADDRESS HART JAMES C AMOUNT OF PAYMENT DATE DESCRIPTION OF HOSPITAL SERVICES senvlct CODE TOTAL CHARGES DETAI L O F CURRENT CHARGES, PAY MENTS AN 09/11 001 BLEEDING TIME 0116015 40.75 09/11 001 VENIPUNCTURE 0151500 5.25 09/11 01 CROSSHATCH 0256005 149.00 09/11 01 CROSSHATCH 0256005 149.00 09/11 01 ANTIBODY SCRE 0256012 40.00 09/11 001 COLD AGGLUTIN 0256013 41.50 09/11 001 AUTO SCREEN 0256014 41.50 09/11 01 ABO & RH TYPI 0256048 09/11 01 ABO BLOOD TYP 0256049 17.00 09/11 01 RH BLOOD TYPI 0256050 13.75 09/11 01 CHEST 2V 7310347 113.25 09/14 02 RETRACTOR TAP 6260039 53.00 09/14 01 STERNAL SAW B 6261004 27.75 09/14 001 OPERATING RM 6261513 95.00 09/14 001 ARGYLE TROCAR 6262268 45.00 09/14 02 BAG-A-JET 6262448 32.00 09/14 03 LIGACLIP 6262703 54.75 09/14 03 LIGACLIP 6262703 54.75 09/14 01 LIGACLIP 6262703 18.25 09/14 003 GROUNDING PAD 6263276 66.75 09/14 01 SILASTIC CHES 6263409 50.00 09/14 01 SWAN GANZ KIT 6263723 69.75 09/14 001 STERNOTOMY WI 6263858 73.25 09/14 02 STERILE WATER 6264042 4.50 09/14 01 BASIC SURG SU 6264134 341.50 09/14 02 DISP SUCTION 6264212 69.00 09/14 01 FOLEY CATH W 6264242 40.25 09/14 002 DISP BULLDOG 6264316 69.00 09/14 01 ADAPTER-Y TYP 6264397 17.00 09/14 01 SWAN GANZ CAT 6264428 79.75 09114 003 IOBAN-LGE 6265196 157.50 09/14 001 TEGADERM 6265278 2.25 09/14 001 SHARPOINT KNI 6265279 20.50 ENS. COV NO. GE MS. COVNO. G2 ( NS. CO.VNOA 3E ENS. CO.VNQ 4E ADJUSTMEINTS EF SON AlL INQUIRIES AU UITIONAL PATIENT BILLING MAV BE NECESSARY CORRESPONDENCE. FOR ANV CHARGES NOT POSTED WHEN THIS BILL WAS PREPARED OR IF INSURANCE CARRIERS DO NOT PAY ANY PART OF THE AMOUNTS SHOWN UNDER ESTIMATED INSURANCE COVERAGE. PAGE N0. HOSP. NO. I P OLICV NUMBER PATIENT AMOUNT 40.75 5.25 149.00 149.00 40.00 41.50 41.50 17.00 13.75 113.25 53.00 27.75 95.00 45.00 32.00 54.75 54.75 18.25 66.75 50.00 69.75 73.25 4.50 341.50 69.00 40.25 69.00 17.00 79.75 157.50 2.25 20.50 TYPE OF DATE OF BILL DATE OF BILL PRE V. BILL INP. PAGE N0. ~ HOSP. NO.I ~J S PATIENT NAME ~ PATIENT NUMBER SEX AGE ~ ADMISSION DATE ~ DISCHARGE DATE ~ DAYS INSURANCE COMPANY NAME cunannroa GERALD B HABECKER "AME 5412 LEGENE LANE AND ENOLA PA 17025 AooRESs HART JAMES C AMOUNT OF [. PAYMENT 9 DATE DESCRIPTION OF SERVICE TOTAL HOSPITAL SERVICES CODE CHARGES 09114 001 THORADRAIN 6265282 173.00 09/14 001 CV 1ST 1/2 HR 6265401 592.50 09/14 009 CV ADDL 1/2 H 6265403 3775.50 09/14 001 DOPLER GEL 6265869 10.00 09/14 004 NRMSL-RPH 7.4 6265941 29.00 09/14 001 NORM SALINE 9 6265948 5.00 09/14 001 PERFUSION CHA 6265956 952.25 09/14 001 OXY TRANG CHA 6266099 52.50 09/14 001 HEART TRAY 6266424 453.50 09/14 001 RADIOPAO CATH 6266442 31.50 09/14 003 ULTRA PROT GO 6266471 43.50 09/14 001 SUCT TP YANKA 6268492 7.25 09/14 01 CV SURG PRO S 6268524 571.00 09/14 01 SET-VACUUM TU 6269289 65.00 09/14 01 STABILIZER-TI 6269299 482.50 09/14 01 STABILIZER-TI 6269300 482.50 09/14 001 STABILIZER-TI 6269304 482.50 09/14 01 VISUFLO CARDI 6269313 81.50 09/14 01 MULTICLIP APP 6269674 134.25 09/14 002 RECOVERY ROOM 6270076 250.85 09/14 01 POTASSIUM 0115208 25.50 09/14 01 POTASSIUM 0115208 25.50 09/14 001 GLUCOSE 0115216 23.50 09/14 01 IONIZED CALCI 7320816 35.25 09/14 01 ABG/LYTES PRO 7320822 09/14 01 BLOOD GAS 7320823 46.50 09/14 001 SODIUM 7320824 46.50 09/14 01 POTASSIUM 7320825 46.50 09/14 01 CHEST 1V 7310879 90.00 09/14 01 PORTABLE 7317613 125.50 09/14 01 PRE-OP ASSESS 6111598 144.00 09/14 001 ANGIOCATH-SPC 6114901 7.25 09/14 001 IV 1000CC 6115644 32.75 09/14 001 MISCELLANEOUS 6499153 90.00 INS. COVNO.GE I MS. COVN0. G2 ENS. CO.VNOA 3E ENS. CO.VNQ 4E POLICY NUMRER PATIENT AMOUNT 173.00 592.50 3775.50 10.00 29.00 5.00 952.25 52.50 453.50 31.50 43.50 7.25 571.00 65.00 482.50 482.50 482.50 81.50 134.25 250.85 25.50 25.50 23.50 35.25 46.50 46.50 46.50 90.00 125.50 144.00 7.25 32.75 90.00 NUMBER SON ALL INQUIRIES AD DITIONAI PATIENT BILLING MAY BE NECESSARY AND CORRESPONDENCE FOR ANV CHARGES NOT POSTED WHEN THIS BILL WAS PREPARED OR IF INSURANCE CARRIERS DO NOT PAY ANY PART OF THE AMOUNTS SHOWN UNDER ESTIMATED INSURANCE COVERAGE. PINNA CLE HEALTH HOSPITALS IPAGENO. TYPE Of BILL DATEOF BILL DATE OF PREY BILL C i B 23:5 ~ '~ : F€ SSBUkB~ PA ' : 171:F~5~ 3 ', j 18AU D 0 1/23/01 717 23:0-3717 BJ'F HOSP. N0. INP. A!'t~ FEI 2S1'77~b§'4 ~I ~~i N S PATIENT NAME _.. PATIENT NUMRER SEx AGE ADMISSION DATE DISCHARGE DATE DAYS HABECKER GERALD B 99 0067725 M 60 09/14/98 09/18/98 4 'i GttA R FH 7"€'~ 732-[s~.05 ~ ~,Q,~': INSURANCE COMPANY NAME GROUP NUMBER POLICY NUMBER GuARANroR GERALD B HABECKER "AME 5412 LEGENE LANE AND ENOLA PA 17025 ADDRESS 4 HART JAMES C '. P ,,w~w~~~rrr y.~~C1 Ttt[tY L+AC. ~' ~~F\R f AEU'* p.~f{ ~ R~*'~ 1 [ y~~y ~ ~y M~Y'! ~~ii /~A ~ TXk ~w.1 GiY~ ~:~ .: AMOUNT OF PAYMENT.:.:~~ ~~~~- DATE DESCRIPTION OF HOSPITAL SEftvICES SERVICE CODE TOTAL CHARGES EST. COVERAGE INS. CO. NO. 1 EST COVERAGE INS. LO. N0, 2 EST COVERAGE INS, CO, N0, 3 EST. COVERAGE INS. LO. NO, 4 PATIENT AMOUNT 09/14 001 ENDO TUBE UNC 7360088 10.00 10.00 09/14 001 SPINAL ANES T 7360395 74.25 74.25 09/14 001 ANGIO-OATHS 7360442 11.25 11.25 09/14 X10 ANESTHESIA SU 7360701 1156.30 1156.30 09/14 01 ADULT BREATHI 7361136 23.25 23.25 09/14 01 ESOPH RECTAL 7362758 16.00 16.00 09/14 01 SALEM TUBE 7363381 14.50 14.50 09/14 01 ANESTHETIC AG 7364237 38.75 38.75 09/14 01 ANES BASIC MO 7365694 66.00 66.00 09/14 280 CRNA-MEDICAL 7366001 1540.00 1540.00 09/14 01 SKIN TEMP 7366046 5,00 5.00 09/14 01 HOTLINE 7369709 28.75 28,75 09/14 02 AMP 1GM VL 7350063 14.00 14.00 09/14 01 ASA EC 325MG 7350084 3.00 3.00 09/14 001 BUP 0.25 30M 7350157 8.65 8.65 09/14 001 DIPYRID 75MG 7350427 3.00 3.00 09/14 01 DSS 100MG CP 7350432 3,00 3.00 09/14 001 FENTAN 20ML V 7350511 21.15 21.15 09/14 001 FENTAN 20ML V 7350511 21.15 21.15 09/14 002 HEP 10,000UN 7350603 14.90 14.90 09/14 001 HETASTARCH BG 7350615 158.70 158.70 09!14 01 MIDAZ 2MG VL 7350866 28.95 28.95 09/14 001 MORPH 10MG AM 7350891 14.35 14,35 09/14 002 NEOSPO GU IRR 7350936 22.20 2P,20 09/14 001 NTG ONT EA 7350969 - 15.75 15.75 09/14 001 NTG SOMG PMB 7350974 27.30 27.30 09/14 X01 OMEPRAZ 20MG 7350993 22.55 22.55 09/14 01 PAPAVER 300MG 7351010 17.40 17.40 09/14 01 PROTAMIN 250M 7351162 35.15 35.15 09/14 02 CEFAZ 1GM PMB 7357071 61.30 61.30 09/14 02 RTU SLN 50- N 7357172 20.00 20,00 09/14 001 MS 2MG SYR 7357198 7.00 7.00 09/14 001 MS 2MG SYR 7357198 7.00 7.00 09/14 02 PROPOFOL SOML 7358513 334.60 334.60 AU UIIIONAI PATIENT BILLING MAY BE NECESSARY FOR ANV CHARGES NOT POSTED WHEN THIS BILL WAS PREPARED OR IF INSURANCE CARRIERS DO NOT PAY ANY PART Of THE AMOUNTS SHOWN UNDER ESTIMATED INSURANCE COVERAGE. TYPE OF DATE OF BILL DATE OF BILL PREY, BILL 18AUD 01/23/01 INP. ~ AfR ~ _.,:: NI C PATIENT NAME PAGE NO, HOSP. N0. PATIENT NUMRER ~BEX~ AGE ~ ADMISSION DATE ~ DISCHARGE DATE ~ DAYS INSURANCE COMPANY NAME cuARANTDR GERALD B HABECKER NAME 5412 LEGENE LANE ANO ENOLA PA 17025 ADDRESS HART JAMES C AMOUNT OF [. PAYMENT 9 POLICY NUMBER DATE DESCRIPTION OF SERVICE HOSPITAL SERVICES CODE TOTAL CHARGES EST. COVERAGE INS. CO. NO. 1 EST. COVERAGE INS. CO. NO. 2 ESi. COVERAGE INS. CO. NO. 3 EST. COVERAGE INS. CO. NO. 4 PATIENT AMOUNT 09/14 01 CEFAZ 1GM PMB 7358586 40.65 40.65 09/14 02 CEFAZ 1GM PMB 7358586 81.30 81.30 09/14 01 D51/4 W/KCL 2 7359170 34.00 34.00 09/14 01 D51/4 W KCL 4 7359171 34.00 34.00 09/14 01 DAILY CHARGE 6301495 196.25 196.25 09/14 01 SETUP CHARGE 6301496 40.75 40.75 09/14 02 DRESSING PK 6304799 26.50 26.50 09/14 001 PREP TRAYS 6400193 22.25 22,25 09/14 001 URIMETER 6400806 47.25 47.25 09/14 001 IV SOL GENERA 6400931 50.00 50.00 09/14 001 LIMB RESTRAIN.6403376 17.00 17.00 09/14 03 EZ PREP SCRUB 6403716 73.50 73.50 09/14 01 SUCTION CANNI 6404205 8.25 g,25 09/14 03 INCENTIVE SPI 7322441 141.75 141.75 09/14 001 INCENTIVE SPI 7322756 37.25 37.25 09/14 01 OXYGEN THERAP 7325178 212.25 212.25 09/14 001 02-RECOVERY R 7325179 63.25 63.25 09/14 005 ACT 7325679 167.50 167.50 09/14 001 ROOM ICU 6250001 1785.00 1785.00 09/15 01 CBC HEMOGRAM 0115174 37.25 37.25 09/15 01 BASIC METABOL 0117038 54.25 54.25 09/15 001 CHEST 1V 7310879 90.00 90.00 09/15 001 PORTABLE 7317613 125.50 125.50 09/15 01 ASA EC 325MG 7350084 3.00 3.00 09/15 002 DSS 100MG CP 7350432 6.00 6.00 09/15 001 FENTAN 20ML V 7350511 21.15- 21.15- 09/15 004 KETOROL 30MG 7350713 140.40 140.40 09/15 02 MAALOX PLUS C 7350781 6.00 6.00 09/15 01 OMEPRAZ 20MG 7350993 22.55 22.55 09/15 03 PROPRAN 10 MG 7351153 9.00 9.00 09/15 03 PROPRAN 10 MG 7351153 9.00 9.00 09/15 001 PROPRAN 10 MG 7351153 3.00 3.00 09/15 003 CEFAZ 1GM PMB 7357071 91.95 91.95 09!15 003 RTU SLN 50- N 7357172 30.00 30.00 ER SON ALL IN¢IIIR IES ADDITIONAL PATIENT BILLING MAV BE NECESSARY CORRESPONDENCE. FOR ANY CHARGES NOT POSTED WHEN THIS BILL WAS PREPARED OR IF INSURANCE CARRIERS DO NOT PAY ANY PART OF THE AMOUNTS SHOWN UNDER ESTIMATED INSURANCE COVERAGE. TYPE OF PATE OF BILL DATE OF BILL PREY, BILL 18AUD 01/23/01 INP. ~_ PATIENT NAME PATIENT NUMBER ~BEX~ AGE ~ ADMISSION DATE ~ DISCHARGE DATE DAYS PAGE NO. I 5 HOSP. ryO, i~i4":Q:B'". INSURANCE COMPANY NAME GROUP NUMBER POLICY NUMBER cuaaANTOR GERALD B HABECKER "AME 5412 LEGENE LANE A"D ENOLA PA 17025 ADDRESS i;HART JAMES C ATE n ~t 1 p:: ~CL~' t(~~l~~r+ #}~~Lpt y r~~ 'F1Elf! ~f1RYi ~iJP~~I' DESCRIPTION OF~~ ~~ SERVICE HOSPITAL SERVICES, CODE ~~yy ~ ~C~R TOTAL CHARGES yy~~~~LL L~~w•~ TRGN1µ EST. COVERAGE INS. CO. NO. t ~ ,: .~ EST. COVERAGE~~ INS. CO. N0. 2 .: AMOUNT OF ;; PAYMENT EST. COVERAGE EST.~~COVERAGE PATIENT ~~~~ INS. CO. N0. 3 INS. CO. NO. 4 AMOUNT 09/15 001 MS 2MG SYR 7357198 7.00 7.00 09/15 01 DOXAZOS 4MG T 7358573 5.90 5.90 09/15 02 PERCOCET 5/32 7358580 6.00 6.00 09/15 02 PERCOCET 5/32 7358580 6.00 6.00 09/15 02 PERCOCET 5/32 7358580 6.00 6.00 09/15 02 PERCOCET 5/32 7358580 6.00 6.00 09/15 02 PERCOCET 5/32 7358580 6.00 6.00 09/15 01 D51/4 W KCL 4 7359171 34.00 34.00 09/15 001 DAILY CHARGE 6301495 196.25 196.25 09/15 001 IV PUMP DAILY 6308087 65.50 65.50 09/15 001 SETUP IV PUMP 6308291 24.00 24.00 09/15 001 URIMETER 6400806 47.25 47.25 09/15 002 IV SOL GENERA 6400931 100.00 100.00 09/15 01 LIMB RESTRAIN 6403376 17.00 17.00 09/15 X03 IVAC 20DRP PR 6405373 30.00 30.00 09/15 03 INCENTIVE SPI 7322441 141.75 141.75 09/15 01 OXYGEN THERAP 7325178 212.25 212.25 09/15 OS ACT 7325679 167.50 167.50 09/15 005 ACT 7325679 167.50- 167.50- 09/15 01 CAP IV 6060021 8.00 g,p0 09/15 001 IV ADMIN-CTA 6060023 10.75 10.75 09/15 002 INCENTIVE SPI 6060855 106.00 106.00 09/15 01 ANGIOCATH-IV 6061055 9.50 9.50 09/15 001 ROOM 1032 6065117 655.00 655.00 09/16 001 CBC & AUTO DI 0115071 40.75 40.75 09/16 001 URINE MICROSC 0115189 12.75 12.75 09/16 001 URINE DIPSTIC 0115222 15.75 15.75 09/16 001 BLOOD CULTURE 0132008 119.75 119.75 09/16 001 GRAM SMEAR 0132038 28.00 28.00 09/16 001 URINE CULTURE D132077 54.75 54.75 09/16 01 CHEST 2V 7310347 113.25 113.25 09/16 02 APAP 325MG TA 7350005 6.00 6.00 09/16 001 ASA EC 325MG 7350084 3.00 3.00 09/16 002 DSS 100MG CP 7350432 6.00 6.00 ADDITIONAL PATIENT BILLING MAV BE NECESSARY FOR ANV CHARGES NOT POSTED WHEN THIS BILL WAS PREPARED OR IF INSURANCE CARRIERS DO NOT PAV ANV PART OF THE AMOUNTS SHOWN UNDER ESTIMATED INSURANCE COVERAGE. "°~.R !PINNA~LCC2B HEALTH ~€O$pITALS ~ PAGE No. i TYPE ~OF DATE OF BILL DATE OF By~~~~,~fy',,I'~~~~'J}I.r3 YG 3p y b i BILL PREY BILL FF ATW~,+~4.~IVV/ P'.A 1(1p~ .-: __ 18AUD 01 /23/01 ;711+7 2~k?~3717 BJT" ! Hose. No. INP. AIR €F"EZ X51178644 ;~ PATIENT NAME PATIENT NUMBER ~SEX~ AGE ~ ADMISSION DATE ~ DISCHARGE DATE DAYS 4iC'i0.~ii INSURANCE COMPANY NAME GROUP NUMBER POLICY NUMBER GUARANTOR GERALD B HABECKER NAME 5412 LEGENE LANE A"D ENOLA PA 17025 ADDRESS <s< HART JAMES C I DATE y} y ~~y~1 E~I{~ ~y p { LLB pLil~ ~' iJ!]{F ~iiku~ F:~T1f~1 111 DESCRIPTION OP ~~ ~~SERVICE HOSPITAL SERVICES CODE i ~y ~R~ ~~sa TOTAL CHARGES /~ ~++~1 f AGt~/~ EST. COVERAGE INS. CO. NO. i .; I EST. COVERAGE~~~ INS. CO. NO. 2 AMOUNT of PAYMENT S EST. COVERAGE EST. BOVERAGE PATIENT ~~ INS. CO. NO. 3 INS. CO. NO. 4 AMOUNT 09/16 002 MAALOX PLUS C 7350781 6.00 6.00 09/16 001 OMEPRAZ 20MG 7350993 22.55 22.55 09/16 004 PROPRAN 10 MG 7351153 12.00 12.00 09/16 003 CEFAZ 1GM PMB 7357071 91.95 91.95 09/16 001 METOPRO 25MG 7357157 3.00 3.00 09/16 003 RTU SLN 50- N 7357172 30.00 30.00 09/16 01 DOXAZOS 4MG T 7358573 5.90 5.90 09/16 02 PERCOCET 5/32 7358580 6.00 6.00 09/16 02 PERCOCET 5/32 7358580 6.00 6.00 09/16 02 PERCOCET 5/32 7358580 6.00 6.00 09/16 X01 DAILY CHARGE 6301495 196.25 196.25 09/16 001 DAILY CHARGE 6301495 196.25 196.25 09/16 001 DAILY CHARGE 6301495 196.25- 196.25- 09/16 01 IV PUMP DAILY 6308087 65.50 65.50 09/16 01 IV PUMP DAILY 6308087 65.50 65.50 09/16 01 IV PUMP DAILY 6308087 65.50 65.50 09/16 001 IV PUMP DAILY 6308087 65.50 65.50 09/16 001 IV PUMP DAILY 6308087 65.50- 65.50- 09/16 001 IV PUMP DAILY 6308087 65.50- 65,50- 09/16 001 SETUP IV PUMP 6308291 24.00 24.00 09/16 001 SETUP IV PUMP 6308291 24.00 24.00 09/16 001 SETUP IV PUMP 6308291 24.00- 24.00- 09/16 X01 IV SOL GENERA 6400931 50.00 50.00 09/16 001 IVAC 20DRP PR 6405373 10.00 10.00 09/16 004 INCENTIVE SPI 6060855 212.00 212.00 09/16 01 VENIPUNCTURE 6060956 5.25 5.25 09/16 001 ROOM 1032 6065117 655.00 655.00 09/17 001 CBC & AUTO DI 0115071 40.75 40.75 09/17 001 BUN 0115213 26.50 26.50 09/17 01 CREATININE SE 0115215 22.50 22.50 09/17 01 ELECTROLYTE P 0117040 40.75 40.75 09/17 01 ASA EC 325MG 7350084 3.00 3.00 09/17 02 DSS 100MG CP 7350432 6.00 6.00 09/17 001 OMEPRAZ 20MG 7350993 22.55 22.55 ADDITIONAL PATIENT BILLING MAY BE NECESSARY FOR ANV CHARGES NOT POSTEp WHEN THIS BILL WAS PREPARED OR IF INSURANCE CAftftIERS DO NOT PAY ANY PART OF THE AMOUNTS SHOWN UNDER ESTIMATED INSURANCE COVERAGE. IYYt or DATE OF BILL DATE OF BILI PRE V, BILL 18AUD 01/23/01 INP. A/R PATIENT NAME PATIENT NUMBER ~GEx~ AGE ~ ADMISSION DATE ~ DISCHARGE DATE ~ DAYS PAGE N0, HOSP. NO. ;EG't01B1; INSURANCE COMPANY NAME GROUP NUMBER POLICY NUMBER cunan"TDR GERALD B HABECKER NAME 5412 LEGENE LANE AND ENOLA PA 17025 AooaESs ;` HART JAMES C DATE ~ y~~+ L~~LL i p L~ PL+~~ ~'RETL1RpII TH($ FCIRT[~JN DESCRIPTION OF~~~ ~~~SERVICE HOSPITAL SERVICES CODE r ~y YRITH ~OLJR 70TAL~~~ CHARGES ~«'1 P.i4YMEWT EST. COVERAGE INS. CO. N0. 1 ': EST. COVERAGE~~~~ INS. CO. NO. 2 i AMOUNT OF PAYMENT EST. COVERAGE EST~~COVERAGE PATIENT ~~~ INS. CO. NO. 3 INS. CO. N0. 4 AMOUNT 09/17 003 CEFAZ 1GM PMB 7357071 91.95 91.95 09/17 002 METOPRO 25MG 7357157 6.00 6.00 09/17 003 RTU SLN 50- N 7357172 30.00 30.00 09/17 001 DOXAZOS 4M6 T 7358573 5.90 5.90 09/17 02 PERCOCET 5/32 7358580 6.00 6.00 09/17 002 PERCOCET 5/32 7358580 6.00 6.00 09/17 02 PERCOCET 5/32 7358580 6.00 6.00 09/17 02 PERCOCET 5/32 7358580 6.00 6.00 09/17 01 PERCOCET 5/32 7358580 3.00 3.00 09/17 001 IV PUMP DAILY 6308087 65.50 65.50 09/17 03 DRESSING-MIND 6401119 36.75 36.75 09/17 01 IVAC 20DRP PR 6405373 10.00 10.00 09/17 04 INCENTIVE SPI 6060855 212.00 212.00 09/17 01 PULSE OXIMETR 6060913 91.75 91.75 09/17 001 VENIPUNCTURE 6060956 5.25 5.25 09/17 01 ROOM 1032 6065117 655.00 655.00 09/18 001 ASA EC 325MG 7350084 3.00 3.00 09/18 002 DSS 100MG CP 7350432 6.00 6.00 09/18 01 LORAZEP 1MG T 7350774 3.00 3.00 09/18 001 MOM 10ML CUP 7350787 3.00 3.00 09/18 001 OMEPRAZ 20MG 7350993 22.55 22.55 09/18 003 CEFAZ 1GM PMB 7357071 91.95 91.95 09J18 06 CEFAZ 1GM PMB 7357071 183.90- 183.90- 09/18 02 METOPRO 25MG 7357157 6.00 6.00 09/18 003 RTU SLN 50- N 7357172 30.00 30.00 09/18 06 RTU SLN 50- N 7357172 60.00- 60.00- 09/18 01 DOXAZOS 4MG T 7358573 5.90 5.90 09/18 01 DOXAZOS 4MG T 7358573 5.90- 5.90- 09/18 01 PERCOCET 5/32 7358580 3.00 3.00 09/19 01 STOCKINGS-KNE 6400784 39.25 39.25 03/12 01 COMBINE ACCOU 0019990 2538.70 2538.70 BALAN CE FORWARD 25 I ANo PINNACLE HEALTH HOSPITALS HARRISBURG, PA Auull lorvAL PATIENT BILLING MAY BE NECESSARY FOR ANY CHARGES NOT POSTED WHEN THIS BILL WAS PREPARED OR IF INSURANCE CARRIERS DO NOT PAY ANY PART OF THE AMOUNTS SNOWN UNDER ESTIMATED INSURANCE COVERAGE. 26 TYPE OF DATE OF BILL DATE OF BILL PREY, BILL 18AUD 01/23/01 PATIENT NAME GuaRANTOR GERALD B HABECKER "AME 5412 LEGENE LANE ""D ENOLA PA 17025 ADDRESS DATE HOSPITAL SERVICES CODE SUMMA RY OF PAY/ADJ SUMMA RY OF CHARGES R&C I CU & C 1DAYS 1785.00 R&C S EM I-PR 3DAYS 655.00 SURGICAL 20 RECOVERY ROOM LABORATORY 89 RADIOLOGY RD SURGICAL DIAG 25 ANESTHESIA PHARMACY MED/BURG SUPPLIES OXYGEN/RESP AZ NURSING ADM SUB-TOTAL OF CHARGES BALANCE FORWARD GUAR RELATIONSHIP S DIAGNOSIS 414.01 414..01 PROCEDURE 36.15 09/14/98 36.12 09/14/98 CORRESPONDENCE. PATIENT NUMBER AGE ~ ADMISSION DATE DISCHARGE DATE ~ DAYS INSURANCE COMPANY NAME HART JAMES C TOTAL CHARGES 2538.70 1785.00 1965.00 9866.25 250.85 1240.75 657.50 274.00 2984.05 1749.10 1524.50 976.00 660.50 3933.50 I~~~N~ :~ APAVMENTOF S EST. COVERAGE EST. COVERAGE~~~ EST. COVERAGE EST.~BOVERAGE INS. CO. N0. 1 INS. CO, N0. 2 INS. CO. N0. 3 WS. CO. NO. 4 SEX M GUAR NO ~ 1883231 ADDITIONAL PATIENT BILLING MAV BE NECESSARY FOR ANV CHARGES NOT POSTED WHEN THIS BILL WAS PREPARED OR IF INSURANCE CARRIERS DO NOT PAY ANY PART OF THE AMOUNTS SHOWN UNDER ESTIMATED INSURANCE COVERAGE. PAGE N0. ~ HOSP. NO.~ POLICY NUMBER PATIENT AMOUNT 2538.70 1785.00 1965.00 9866.25 250.85 1240.75 657.50 274.00 2984.05 1749.10 1524.50 976.00 660.50 3933.50 TYPE OF DATE OF BILL DATE OF 8111 PREY, BILL 18AUD 01/23/01 INP. FSfR PATIENT NAME PATIENT NUMBER ~BEx~ AGE ~ ADMISSION DATE ~ DISCHARGE DATE ~ DAYS INSURANCE COMPANY NAME GuaaarvroR GERALD B HABECKER "AME 5412 LEGENE LANE ANO ENOLA PA 17025 ADDRESS HART JAMES C PAGE NO. HOSP)NO. POLICY NUMBER AMOUNT rq~.ie nymucrc .H 9! NlIM6ER ~ON ALL IN~IIIRIES AuuulurvAL PATIENT BILLING MAV BE NECESSARY AND CORRESPONDENCE. FOR ANV CHARGES NOT POSTED WHEN THIS BILL 990067725 WAB PREPAgED OR IF INSURANCE CARRIERS DO PAY THIS AMOUNT 26472.20 NOT PAY ANV PART OF THE AMOUNTS SHOWN UNDER ESTIMATED INSURANCE COVERAGE. PINNACLE HEALTH HOSPITALS HARRISBURG, PA PINNACLE HEALTH SYSTEMS, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GERALD HABECKER and N0. 2001-4234 CIVIL TERM DOLORES HABECKER CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 3RD day of JANUARY, 2002, a pretrial conference in the above-captioned matter is SCHEDULED for Thursday, January 24, 2002, at 11:30 a.m. in Chambers of t~ze undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. By Cour , cc: r/~rthur A. Kusic, Esquire /Marcus A. McKnight, Esquire Taryn Dixon Edward E. Guido, J. Cp6 p _pz ~I~S o ~~dl~1f}~ 4:;l;hj~~ ~~~,, ~C'Ytr» , ~ ~(' ~~ tiov ~ $ zoos ~~- PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. (X ) for~trial without a jury. CAPTION OF CASE (entire caption must be stated in full) PINNACLE HEALTH SYSTEMS, INC. (check one) zi*: u;~ rte: r,~ (X) Assumpsit '`s- i-, ^~ C5 ( ) Trespass '~ ~~~i .~ cx: :,.> r,.. ,; _J Trespass (Motor Vehicle) vs. (Plaintiff) GERALD HABECKER and DOLORES HABECKER vs. (Defendant) ( ) (other) The trial list will be called on. and Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) ` ~ ` ~~/O No. 4234 Cidil Term 1~ 2001 Indicate the attorney who will try case for the party who files this praecipe: Arthur A. Kusic, Esquire, 4201 Crums MI11 Rd, .Harrisburg, PA 17112 Indicate trial counsel for other parties if known: Marcus A. McKnight, III, Esquire Irwin, McIQmight & Hughes, 60 W. Pomfret Street, Carlisle, PA 17013 This case is ready for trial. Sign Print Name: nr+-h,,,- j1,,,, Kiiai r, F'c z n,to 11/7/01 Cumberland 7 Attnrnev for Plaintiff Richard J. Pierce Court Administrator Phone (717) 240-6200 (717) 697-0371 (717) 532-7286 (717) 240.6462 FAX MEMORANDUM TO: FROM: DATE: IN RE: PINNACLE HEALTH SYSTEMS, INC. v. GERALD HABECKER The above case is assigned to you for a non jury trial. Please provide me with copies of your scheduling orders and final disposition date so that I can monitor the case for statistical purposes. OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square Carlisle, PA 17013 The Honorable Edward E. Guido Taryn N. Dixon Assistant Court Administrator Taryn N. Dixon, Assistant Court Administrator November 13, 2001 4342 Civi12001 Attachment r PINNACLE HEALTH SYSTEMS, INC., Plaintiff v. GERALD HABECKER and DOLOF2ES HABECKER, Defendants TO THE PROTHONOTARY: * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * CIVIL ACTION -LAW * NO. 01-4234 CIVIL TERM * * * * PRAECIPE Pursuant to the Stipulation for Judgment attached hereto, please enter Judgment in favor of Plaintiff and against Defendants in the amount of $26,580.45 (26,472.20 plus court costs of $108.25). RESPECTFULLY SUBMITTED: Arthur . Kusic, Esquire 4201 Cruets Mill Road Harrisburg, PA 17112 (717) 540-5610 Supreme Court No. 07207 Attorney for Plaintiff PINNACLE HEALTH SYSTEMS, INC., Plaintiff v. GERALD HABECKER and DOLORES HABECKER, Defendants * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * - * CIVIL ACTION -LAW * NO. 01-4234 CIVIL TERM * * * * STIPULATION FOR JUDGMENT AND NOW come Plaintiff and Defendants by and through their respective counsel and hereby Stipulate that Judgment in the above captioned matter be entered in favor of Plaintiff and against Defendants in the amount of $26,472.20 plus court costs of $108.25. The Pazties further Stipulate that Defendants shall pay Plaintiff the sum of'Irventy-Six Thousand Five Hundred Eighty and 45/ 100 Dollars ($26,580.45) by making fifty-three (53) consecutive monthly payments to Plaintiff in the amount of Five Hundred Dollars ($500.00) each with a final payment of Eighty 45/ 100 Dollars ($80.45) with said payments commencing on or before January 31, 2002 and continuing until the aforesaid sum o#' Twenty-Six Thousand Five Hundred Eighty and 45/ 100 Dollars ($26, 580.45) representing the principal balance due plus court costs is paid in full. The Parties further stipulate that the aforesaid sum shall not bear interest. Should any payment be delinquent more than ten (10) days from the date due, then written notice shall be given to Defendants' counsel, or to the Defendants at their last known address, and if cure shall not be effected with twenty (20) days of the date of said notice, then the entire amount of the original claim less that amount paid by Defendants shall become due and owing and Plaintiff shall then have the unconditional right to execute on the Judgment. The Parties further Stipulate that upon receipt of twenty-Six Thousand Five Hundred Eighty and 45/ 100 Dollars ($26,580.45) payable as hereinabove set forth, Plaintiff shall cause the docket to be marked Settled, Satisfied d Discontinued. ~~~~ ,C~ Marcus ht, ~ Esquire Arthur A."Kusic; Esquire I ,McKnight 8v Hu es 4201 Crums Mill Road 6 West Pomfret Street Harrisburg, PA 17112 C le, PA 17013-322 (717) 540-5610 (717) 2 - Supreme Court No. 07207 Supreme Court No. 25476 Attorney for Plaintiff Attorney for Defendants ~~,:3~ PINNACLE HEALTH SYSTEMS, INC, Plaintiff V. GERALD HABECKER and DOLORES HABECKER Defendants IN THE COURT OF COMMON PLEAS COUNTY PENNSYLVANIA : CUMBERLAND CIVIL ACTION - LAW NO. 01-4234 CIVIL TERM TO: GERLAD HABECKER and DOLORES HABECKER Defendants You are hereby notified that on _ _ the following Judgment has been entered against you in the above- captioned case. Amount: $26,580.45 ($26,472.20 plus court costs of $108.25) Date: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this Notice under Pa.R.Civ.P. Section 236 is: Gerald Habecker and Dolores Habecker 5412 Legene Lane Enola, PA 17025 Defendants ~~ ~ - _„ '~ ~ ~ c~ , - ~~ . z (t r~ U~ 2 , tU ; ~ ~''-, ~C err T ~ ~7r"i is Y