Loading...
HomeMy WebLinkAbout06-0382FIPILESVDArAFILEIGmerclACu,,ntU0502. 4.c..l Crested 12/15/05 2.52PM Nevhed 1/19/06 2.27PM George B. Faller, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RICHARD STRAHOSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. U(e - 3G? l l0 CIVIL ACTION - LAW DAVID B. KILLIAN, DMD Defendant JURY TRIAL DEMANDED 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 a judgment maybe entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or reliefrequested by the Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 F..\FIL2S\UATAFILE\GenereMun'enl\ 105024 1o11 l /nlm Gee¢d'. 12115105 157PM Revised. 1/19/06 229PM 105126 George B. Faller, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RICHARD STRAHOSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 W 3 SL ?cu ( _rj1_ CIVIL ACTION - LAW DAVID B. KILLIAN, DMD Defendant JURY TRIAL DEMANDED COMPLAINT Plaintiff is an adult individual residing at 904 Gobin Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant David B. Killian, DMD is an adult individual with aplace of business at 305 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Prior to February 2005, the Plaintiffwas experiencing numerous dental problems forwhich he was a patient of the Defendant. 4. On or about February 22, 2005, Plaintiffwas supplied with a detailed estimate as to the cost of having an extensive re-working of dental work in his mouth. The total out-of-pocket costs to the Plaintiff in that estimate was $1,958.00. 6. Plaintiffhas alreadypaid $1,200.00, including $700.00 to Dr. Killian and $500.00 to the periodontist towards the work as described in the estimate. Plaintiff demanded that the Defendant complete the work for the $1,25 8.00. (Seethecopy of Plaintiff's letter to the Defendant dated August 2, 2005, which is attached as Exhibit "A.") 8. In a letter dated August 4, 2005, Defendant refused to honor the original estimate, despite the fact that there was no other dental work, whichwould have provided abasis for change in the estimate. (See Exhibit "B" which is hereby attached.) 9. Plaintiff, in undertaking the extensive dental work, relied on the representations of the Defendant that it wouldbe completed for the cost of the original estimate, unless there was "other dental work." 10. There was no other dental work. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $2,392.00. MARTSON DEARDORFF WILLIAMS & OTTO By d^? Ge r t al et, Jr.' squire I.D. Number 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 19, 2006 Attorneys for Plaintiff Richard Strahosky 904 Gobin Street Carlisle, PA 17013 August 2, 2005 David B. Killian, D.M.D. 305 South Hanover Street Carlisle, PA 17013 Dear Dr. Killian: I received your letter dated July 25, 2005 where you indicated that the balance of my account is $2,619.00. I am enclosing a copy of your offices original estimate which showed that the original estimate would be $1,958.00. Of that amount, I have paid your office $700.00. That estimate does indicate that other dental work may change that amount but, as far as I know, no other dental work has been scheduled. Since I had already paid $700.00, the outstanding balance should be $1,258.00. Please let me know if you are willing to complete the treatment for my out-of-pocket payment of that amount. If I do not hear from you within ten (10) days from the date of this letter, I will assume that you are refusing to do that. Very truly yours, Richard Strahosky Enclosure 1,J 0 Exhibit "A" iiI ,..,, David B. Killian D.M.D 305 S.Hanover St. Carlisle, Pa. 17013 August 4, 2005 Dear Mr. Strahosky, You should have received copies of the estimation of benefits from your insurance Company. They show what your insurance company paid us and what you owe us, as per your contract. This figure is the final figure. Our old office manager did give you an estimate of your out of pocket costs, but an estimate is exactly that and subject to change. By refusing treatment, you are risking the teeth that you have currently in temporaries. Sincerely, David B. Killian D.M.D Exhibit "B" • VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that ofcounsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Richard Strahosky F:\FILES\DATAFI LE\G,nu, el\C.,t\ 10502.4 ..1 p `6 Lfl Lrl .- SHERIFF'S RETURN - REGULAR CASE NO: 2006-00382 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STRAHOSKY RICHARD VS KILLIAM DAVID VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KILLIAN DAVID B DMD the DEFENDANT , at 1325:00 HOURS, on the 23rd day of January , 2006 at 305 SOUTH HANOVER STREET CARLISLE, PA 17013 by handing to DAVID B KILLIAN 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 4 .40 Postage .39 Surcharge 10 .00 .00 32 .79 Sworn and Subscribed to before me this day of A. D. Prot ot? y So Answers:, R. Thomas Kline 01/24/2006 MDW&O By: Deputy Sh iff r RICHARD STRAHOSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-382 CIVIL TERM CIVIL ACTION LAW DAVID B. KILLIAN, DMD, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Richard Strahosky c/o George B. Faller, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, Pennsylvania 17013 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted Rominger, Bayley & Whare Date:. Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court 1D # 81924 Attorney for Defendant RICHARD STR.AHOSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-382 CIVIL TERM CIVIL ACTION LAW DAVID B. KILLIAN, DMD, Defendant JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes David B. Killian, DMD, Defendant, by and through his counsel, Karl E. Rominger, Esquire, and in response to the Complaint avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is denied that the estimate was a detailed estimate. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Strict proof of the same is demanded at trial. By way of further answer additional dental work was not added in the estimate. 9. Denied. Strict Proof of the same is demanded at trial. 10. Admitted. WHEREFORE, Defendant demands Judgment in his favor and against Plaintiff. NEW MATTER 11. Previously paragraphs incorporated by reference. 12. The Plaintiff abandoned treatment and refused to follow up with the doctor. 13. The estimate was simply that an estimate. 14. Plaintiff's dental work required more extensive treatment then the original estimate. Wherefore, answering Defendant respectfully requests this Honorable Court dismiss the action against him with prejudice. Respectfully Submitted, Rominger, Bayley & Whare Date: "arch l p C9QX? 10 Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant RICHARD STRAHOSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-382 CIVIL TERM CIVIL ACTION LAW DAVID B. KILLIAN, DMD, Defendant JURY TRIAL DEMANDED VERIFICATION Karl E. Rominger, Esquire, states that he is the attorney for, Defendant David B. Killian, DMD in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document, and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unworn falsification to authorities. Respectfully Submitted Rominger, Bayley & Whare Date: hi 3W a Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant RICHARD STRAHOSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-382 CIVIL TERM CIVIL ACTION LAW DAVID B. KILLIAN, DMD, Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, Attorney for the Defendant, Bonnie Lee, do hereby certify that I this day served copy of the within Answer and New Matter to the following via facsimile and by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: George B. Faller, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, Pennsylvania 17013 Date: VtQ(( u- teL Respectfully Submitted Rominger, Bayley & Whare Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant `s [Y? 1,17 RICHARD STRAHOSKY, Plaintiff V. DAVID B. KILLIAN, DMD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-382 CIVIL TERM CIVIL ACTION LAW JURY TRIAL DEMANDED PRAECIPE TO FILE VERIFICATION Please file the attached Verification on behalf of the Defendant, David B. Killian, DMD, for the above captioned matter. Respectfully submitted, ROMINGER & WHARE Date: j Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant RICHARD STRAHOSKY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. NO. 06-382 CIVIL TERM CIVIL ACTION LAW DAVID B. KILLIAN, DMD, Defendant JURY TRIAL DEMANDED VERIFICATION I, David B. Killian, DMD, Defendant, verify that the statements made in this Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. l3 (c'6 _ Date: David B. illian, MD, Defendant 1 0 7 George B. Faller, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RICHARD STRAHOSKY, Plaintiff V. DAVID B. KILLIAN, DMD Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-382 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service ofa subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice ofintent to serve the subpoena with a copy ofthe subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: August 10, 2006 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff 1.1J. 1V U. '1701-1 MDW O 10 Ea,r Fituai Si'ei:l:r CARLiLL, PF:\\,1 L1 . 1A 1-013 TELL:rnoyf (717) 2-13-3311 FAuLwu (717)'_33-18 0 INTL R\1 I w,a'w.mdwa com May 26, 2006 Karl E. Rominger, Esquire ROMINGER & WHARE 155 South Hanover Street Carlisle, PA 17013 RE: Richard Strahosky v. David B. Killian, DMD No. 06-382 - Cumberland County C.C.P. Our File No. 10502.4 Dear Karl: \! .(. ',' 1, & ( ol APi _I L`R\ .?T L.AN a u_1 F\\I F. NkN i'oN C wl C. R1:, u hluvH. I., "e If III D.\cw A. Firi,mi)vs D.\yu-:. F. DI ?[uwkrr C-u<IS rorio if F. RiF-r flu.,mns J. R'u cvs" .)1\\111 R L. SrL ko V 0, 1,, 111 1-111.i'm X M nv (auerd B. F\1_I.re Ju' \-11CI"vIL J. Glu 'N' We enclose a Notice of Intent to Serve a Subpoena to Produce Documents and Things for Discovery pursuant to Rule 4009.21 on United Concordia Companies, Inc., in the above matter. Very truly yours, MARTSON DEARDORFF WILLIAMS & OTTO George B. Faller, Jr. GBF/mas Enclosure O cc: Mr. Richard Strahosky F'.PILE5'UA'GFILE\G<neraMun'cmy03W Jtr] I v 1 0 H M A T I f) ', - A D', I c F • A D 0 C 1 1 v" F\FILES\DATAF I LE\GeneraOGnre"10050'_. 4 not I\ni s 0,xod' 121" 97 10. 14 24 AM Revised. 05, 20,06 09.40 40 AM 105024 George B. Faller, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff RICHARD STRAHOSKY, Plaintiff V. DAVID B. KILLIAN, DMD Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-382 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file ofrecord and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena maybe served. MARTSON DEARDORFF WILLIAMS & OTTO By George B. Faller, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: May 26, 2006 CUK40NWEALTH OF PENNSYLVANIA OOUNrY OF C11MBERIAND Richard Strahosky, Plaintiff, V. David B. Killian, D.M.D., Defendant. File No. 06-382 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISOMERY PURSUANT TO RULE 4009.22 Records Custodian, United Concordia Companies, Inc. TO: P.O. Box 69420, Harrisburg, PA 17106 Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Your complete records pertaining to Richard Strahosky, D.O.B. 8/14/1960, including but not limited to claims information, payment information, and information and correspondence concerning the repayment by Dr. Killian. at Martson Deardorff Williams & Otto, 10 East High Street, Carlisle, PA 17013 (Address) You nay deliver or mail legible copies of the docunents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the docunents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order ocnpelling you to ccrtply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: George B. Faller, Jr., Esquire on D a d rff Williams & tto ADDRESS: r sat H?fQi gtreet Carlisle, PA 17013 TELEPHONE: 717-243-3341 SUPREME COURT ID It 49813 %TTORNEY FOR: Plaintiff )ATE: 5/24/06 Seal of the Court (Eff. 1/97) BY TW- nnMT! CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Karl E. Rominger, Esquire ROMINGER & WHARE 155 South Hanover Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By: Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 10, 2006 l . - u ? : o ty pAx Y' G ? y RICHARD STRAHOSKY V. DAVID B. KILLIAN, DMD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-382 CIVIL RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire , counsel for the plaintif MUMMUin the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ not in excess of $35,000 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: George B. Faller, Jr., Esquire and Karl E. Rominger, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. r., Esquire ORDER OF AND NOW, 19 , in consideration of the foregoing petition, Esq., Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. fir. b ? A, v? J C" Y NOV 2 7 2006 p4 RICHARD STRAHOSKY V. DAVID B. KILLIAN, DMD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-382 CIVIL RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George B. Faller, Jr., Esquire , counsel for the plaintiffRibifiUdWin the above action (or actions), mpectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of. the plaintiff in the action is $ not in excess of $35,000 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel of are otherwise disqualified to sit as arbitrators: George B. Faller, Jr., Esquire and Karl E. Rominger, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the cage shall be submitted. ORDER OF r., Esquire ?; in consideration of the AND NOW, foregoing petition, Esq., Esq.. and, 4A C'91 , Esq., are appointed arbitrators in the above captioned actions (or actions) as prayed for. By th urt G .J. Fit FD-0,':i2-IrP OF THE PROT!?'ON!0TARY 2006 DEC -8 PH 3: 0 4 VI I[Y Tv.ll1?k 1 ,.., J a PEN V F \h?v \ f V ( w? v w^V U Plainti f Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0(a - 3 ga Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth M discharge the duties of our office with fide* Low' (? f .Qt.?..,. Signa a ignature Signs Afsger A ? C06,yC7-7( Name (Chairman) CDC NC7 r/ r q.5S,!'/A-(ES Law Firm ')l D - ra kd(l (ga) 4k Address CaWPA (t City, Zip 4I 077 `vC vZE-64676 , ? ?&M Name / Name --??= f f n Law Firm ?- taw 'Firm Address ity, zip # ! WWI Sward ?u r, (-G c aZ n/ Address Pno H" I PA / City, Zip * IO573 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: CNote: If damages for delay are aVarded, they shall be separately stated.) . Arkitrator, dissents. (Insert name if applicable.) Date of Hearing: S O Date of Award: S to 7 Notice of Entry of s.j. Now, the 184h day of % , 20_Dj_, at 5 , _A_.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. arbitrators' ccmpens^tion to be paid upon appeal: $ 360.00 By: ?? rothonotary Deputy M.D C co Maw _. co r^4f i? elo Faller, Jr,.- a+r?