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HomeMy WebLinkAbout11-2989 PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P. Plaintiff V. DENNIS DENNIS, Individually and as agent for Garnet F. Smith, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-2989 CIVIL TERM W? PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the Complaint filed in this matter on March 10, 2011. Respectfully submitted, BARIC SCHERER David A. Baric, Esquire Date: March 15, 2011 I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I, Allison Klimowicz, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. Date: ?? M)l .ll?.?r Allison SHERIFF'S OFFICE OF CUMBERLAND COUNTY a. Ronny R Anderson - --i Sheriff L Jody S Smith Chief Deputy C0 z' _ 'em Richard W Stewart Solicitor Perini Services/ South Hampton Manor, LP I Case Number vs. Dennis Dennis 2011-2989 SHERIFF'S RETURN OF SERVICE 03/15/2011 06:05 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2011 at 1805 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dennis Dennis, by making known unto Denise Logan, Daughter of Defendant at 20 Bridgewater Lane, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. MICHAEL BARRICK, DEP Y 03/15/2011 06:05 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2011 at 1805 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dennis Dennis as agent for Garnet F. Smith, by making known unto Denise Logan, Daughter of Defendant at 20 Bridgewater Lane, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. MICH EL BARRIC , D UTY SHERIFF COST: $56.44 March 16, 2011 SO ANSWERS, ROW R ANDERSON, SHERIFF ,.c; Coun' suite Seen,l. 7eleoscft. In;;. F:\FILES\Clients\14290 Dennis\14290.1.praI Revised: 3/28/11 4:32PM David A. Fitzsimons, Esquire MARTSON LAW OFFICES I.D. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P., Plaintiff V. DENNIS DENNIS, Individually and as agent for Garnet F. Smith, Defendant OF THELRO THONO TA RY 20/1 MAR 29 pH 1: 52 CUMBERLAND AN1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-2989 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter the appearance of MARTSON LAW OFFICES as attorneys for Defendant in the above matter. MARTSON LAW OFFICES Y David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: A CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David A. Baric, Esquire BARIC SCHERER 19 West South Street Carlisle, PA 17013 MARTSON LAW OFFICES By Tri is D. kenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: I "o? f, ? 0 // F.\FILESTlients\14290 Dennis\14290.I.ansI Revised: 8/17/ 11 2:14PM David A. Fitzsimons, Esquire MARTSON LAW OFFICES I.D. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant FILED-OFFICE OF THE PROTHONOTAPA ,' 2011 AUG 18 PM 3: 17 CUMBERLANDVAN COUNTY PERINI SERVICES/ SOUTH HAMPTON MANOR, L.P., Plaintiff V. DENNIS DENNIS, Individually and as agent for Garnet F. Smith, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-2989 CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER TO: PERINI SERVICES/SOUTH HAMPTON MANOR, L.P., Plaintiff and its attorney DAVID A. BARIC, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant, Dennis Dennis, Individually and as the agent for Garnet F. Smith (deceased), by and through his attorneys, MARTSON LAW OFFICES, and avers the following in response to Plaintiff s Complaint: 1. Admitted upon information and belief. 2-5. Admitted. 6. Denied. The averments of Paragraph 6 constitute conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required, the Admission Agreement ("Agreement") is an instrument in writing that speaks for itself and to the extent the averments of Paragraph 6 of the Complaint are inconsistent therewith, they are denied. 7. Admitted. 8. Denied. The averments of Paragraph 8 constitute conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required, the Admission Agreement is an instrument in writing that speaks for itself and to the extent the averments of Paragraph 8 of the Complaint are inconsistent therewith, they are denied. 9. Denied. It is specifically denied that as of February 15, 2011, Garnet F. Smith owed Shippensburg Health the sum of $13,844.14. To the contrary, Mr. Dennis, as the agent of Garnet F. Smith, had brought current all billings provided by Plaintiff through December 11, 2010. The amount alleged in Paragraph 9 of the Complaint was not a balance that had been identified for payment or requested prior to January 2011, and appears to have been the result of an invoicing error by Shippensburg Health. The remainder of the averment of Paragraph 9 alleging that Exhibit "B" is a true and correct copy collecting the balance due is denied as a conclusion of law to which no response is required. By way of further response, invoices from Plaintiff total only $12,929.03. 10. Denied. The averment of Paragraph 10 is a conclusion of law to which no response is required by the Pennsylvania Rules of Civil Procedure. COUNT I - BREACH OF CONTRACT SHIPPENSBURG HEALTH v. DENNIS DENNIS 11. The averments of Paragraphs 1 through 10 of the preceding Answer are incorporated by reference as though fully set forth. 12. Denied as a conclusion of law. The averments of Paragraph 12 constitute conclusions of law to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required, the Admission Agreement is an instrument in writing that speaks for itself and to the extent the averments of Paragraph 12 of the Complaint are inconsistent therewith, they are denied. 13-17. Denied as a conclusion of law. WHEREFORE, Defendant, Dennis Dennis, respectfully requests that Your Honorable Court dismiss Plaintiff's Complaint and enter judgment in his favor, together with such relief as the Court deems just and reasonable under the circumstances. NEW MATTER 18. The averments of Paragraphs 1 through 17 of the preceding Answer are incorporated by reference as though fully set forth. 19. Garnet F. Smith, deceased, was a resident of the state of Florida in a home health care circumstance until her admission to Shippensburg Health on or about January 26, 2010. 20. Garnet F. Smith, deceased, was in her late 90s when she was admitted to Shippensburg Health and had until that time, maintained her long time Florida residence. 21. Mr. Dennis, as Garnet Smith's agent, expended considerable funds of his own to maintain Garnet Smith's account at Shippensburg Health as billed by Shippensburg Health, current. 22. Shippensburg Health failed to accurately invoice Garnet Smith during her residency. 23. When Shippensburg Health presented an invoice in excess of $12,000.00 in costs, those costs had not previously been invoiced to Garnet Smith or Mr. Dennis. 24. Prior to Shippensburg Health's discovery of its error, all accounts had been current and all of Garnet Smith's available income had been contributed toward Shippensburg Health's invoices. 25. Mr. Dennis brought the Shippensburg Health invoices current through 2010, and in addition, expended $4,246.00 of his own funds, beyond Ms. Smith's income, to maintain her property. 26. Mr. Dennis made several efforts by telephone and through visits to Shippensburg Health and called its headquarters in Hagerstown, Maryland, to address the billing errors by Shippensburg Health. 27. Prior to filing this Answer, Mr. Dennis, through his counsel, provided complete copies of documentation in response to Shippensburg Health outlining the details of the situation. 28. Despite receiving through their counsel substantial documentation from Mr. Dennis, Plaintiff failed to even acknowledge receipt of said documentation. 29. Plaintiff, Perini Services/South Hampton Manor, LP., through its agents, has consistently failed to conduct itself in good faith in response to Mr. Dennis's attempt to provide an explanation of the status of the account of the late Garnet F. Smith. 30. There was no Breach of Contract on the Agreement between Garnet Smith and Perini Services/South Hampton Manor, LP. 31. Plaintiff has waived any claim for additional services through its failure to accurately invoice Garnet F. Smith during her lifetime. 32. Based upon the facts and circumstances raised in this Answer with New Matter, Plaintiff Perini Services/South Hampton Manor, LP is estopped from claiming funds from Dennis Dennis. 33. Plaintiff has been fully paid for all services provided to Garnet F. Smith in accordance with the Agreement. WHEREFORE, Defendant, Dennis Dennis, respectfully requests that Your Honorable Court dismiss Plaintiff's Complaint and enter judgment in his favor, together with such relief as the Court deems just and reasonable under the circumstances. MARTSON LAW OFFICES By David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: ?? ""Sx \(." VERIFICATION I, Dennis Dennis, hereby verify that I have reviewed the foregoing document and state that to the extent that the foregoing document contains facts supplied by or known to me, they are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dennis Dennis Date: ? - / 7 /I CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: David A. Baric, Esquire BARIC & SCHERER 19 West South Street Carlisle, PA 17013 MARTSON LAW OFFICES CBjy Tricia . Eckenroad Ten East h Street Carlisle, PA 17013 (717) 243-3341 Dated: f// 7 //[ Perini Services/South Hampton Manor, L.P. vs Case No. 2011-2989 Civil Term n ry Dennis Dennis, individually and as agent for Garnet F. Smith "1:7.� rn c v) =r1 rri 't7 vir— STATEMENT OF INTENTION TO PROCEED < c) =c) To the Court: Plaintiff, Perini Services/South Hampton Manor, L.P. - r- intends to proceed with the above captioned matter. David A. Baric, Esquire Print Name Sign Na 09/04/14 Plaintiff Date: Attorney for IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.