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HomeMy WebLinkAbout02-3319CARLISLE REGIONAL MEDICAL CENTER, Plaintiff PHILIP SPAGNOLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Docket No. ~ JURY TRIAL DEMANDED TO: PHILIP SPAGNOLO NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take ' ' · action w~thin twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice, for any money claimed in the Complaint or for any other claim for rebel 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. Cumberland County Bar Association 2 Liberty Avenue Carhsle, Pennsylvania (717) 249-3166 FARRELL & RICCI, P.C. Date: ~,11,/(2"~, J,~h A.~icci, ~qmre ~,~torne~. No. 49803 Colleen E. Ehresman, Esquire Attorney I.D. No. 82482 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Counsel for Plaintiff CARLISLE REGIONAL MEDICAL CENTER, Plaintiff PHILIP SPAGNOLO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Carlisle Regional Medical Center, by and through its counsel, Farrell & Ricci, P.C., by Joseph Ricci, Esquire and Colleen E. Ehreeman, Esquire, and files the following Complaint against Defendant, Philip Spagnolo, and hereby demands damages in an amount in excess of the local arbitration limits, upon the causes of action set forth below: 1. Plaintiff, Carlisle Regional Medical Center, is a hospital corporation, duly organized and existing under the laws of the Commonwealth of Pennsylvania located at 246 Parker Street, Carlisle, PA 17013. 2. Defendant, Philip Spagnolo (hereinafter "Spagnolo"), is an adult individual and citizen of the Commonwealth of Pennsylvania, residing at 1149 S. 18th Street, Harrisburg, PA 17104. 3. On October 17, 2001, Spagnolo was admitted to the Carlisle Regional Medical Center as a result of injuries, including a femur fracture, sustained in a motorcycle accident. 4. At the time of his admission on October 17, 2001, Spagnolo voluntarily agreed to and executed a "Conditions of Treatment and Admission" agreement (hereinafter "Contract") which contained, inter alia, a "Statement of Financial Responsibility" holding Spagnolo financially and legally responsible for hospital charges not covered in full by any third party payors. A true and correct copy of said Contract is attached hereto as Exhibit 5. From October 17, 2001 through October 20, 2001, Spagnolo received medicai and surgical care and treatment of his injuries as an inpatient at Carlisle Regional Medical Center. 6. On October 20, 2001, Spagnolo was discharged from the Carlisle Regional Medical Center. 7. During his hospitalization at Carlisle Regional Medical Center from October 17, 2001 through October 20, 2001, Spagnolo incurred medical bills totaling $21,259.35, which were never paid by either Spagnolo or any third party. 8. On October 20, 2001, Spagnolo was re-admittod to the Carlisle Regional Medical Center for, inter alia, "ambulatory dysfunction secondary to femur fracture." 9. During this admission, Spagnolo informed agents of Carlisle Regional Medical Center that his Medicaid qualification status was pending. Ultimately, Spagnolo was denied Medicaid benefits. 13. During his hospitalization, on or about October 22, 2001, Spagnolo voluntarily agreed to and executed a "Conditions of Treatment and Admission" agreement (hereinafter "Contract") which contained, inter alia, a "Statement of Financial Responsibilltf' holding Spagnolo financially and legally responsible for charges not covered in full by any third party payors. A true and correct copy of said Contract is attached hereto as Exhibit "B." 2 10. From October 20, 2001 through October 30, 2001, Spagnolo received medical care and treatment of his injuries as an inpatient at Carlisle Regional Medical Center. 11. On October 30, 2001, Spagnolo was discharged from the Carlisle Regional Medicai Center. 12. During his hospitalization at Carlisle Regional Medical Center from October 20, 2001 through October 30, 2001, Spagnolo incurred medical bi/Is from his inpatient care and treatment totaling $14, 416.04 which were never paid by either Spagnolo or any third party payors. 14. On November 26, 2001, Spagnolo, was again admitted to the Car]isle Regional Medical Center, this time for, inter alia, "an infection of the calf of his left leg." 15. From November 26, 2001 through December 5, 2001, Spagnolo received medical care and treatment of his injuries as an inpatient at Carlisle Regional Medical Center. 16. On December 5, 2001, Spagnolo was discharged from the Carlisle Regional Medical Center. 17. During his hospitalization at Carlisle Regional Medical Center from November 26, 2001 through December 5, 2001, Spagnolo incurred medical bills from his inpatient care and treatment totaling $10,158.01, which were never paid by either Spagnolo or any third party payors. 3 COUNTI BREACH OF CONTRACT CARLISLE REGIONAL MEDICALCENTER V. PHILIPSPAGNOLO 18. Paragraphs i through 17 are hereby incorporated by reference as if fully set forth herein at length. 19. At all times material hereto, Philip Spagnolo voluntarily entered into valid and binding contracts with Carlisle Regional Medical Center for financial responsibility of the charges incurred for his care and treatment while a patient at Carhsle Regional Medical Center. 20. Under the express terms of the Contracts, Defendant Spagnolo agreed to the following provision: Statement of Financial Responsibility I understand that I am financially and legally responsible for charges not covered in full by any third party. I further agree that should I not pay the balance within thirty (30) days after the date of discharge, my account will be considered delinquent. I agree to pay costs of collection, including reasonable attorneys fees and costs, collection agency fees and costs, and interest which shall accrue at the maximum rate allowed by law. See Contracts attached hereto as Exhibits "A" and "B." 21. medical bills. 22. Defendant Spagnolo has failed to pay the balance of the aforementioned Spagnolo's failure to pay on the aforementioned delinquent accounts is a breach of the Contract. 23. As a result of Spagnolo's breach of contract, Plaintiff, Carlisle Regional Medical Center, has incurred damages in an amount in excess of $45,833.40, plus interest and attorney's fees and costs. 4 24. The aforementioned Contracts expressly provide for relief of non-payment in the form of interest, collection agency fees and costs, and attorney's fees and costs. WHEREFORE, Plaintiff, Carlisle Regional Medical Center, demands judgment in its favor and against Defendant, Philip Spagnolo, in an amount which exceeds the jurisdictional amount required for compulsory arbitration, together with interest, collections fees and costs, and attorney's fees and costs. COUNT II QUANTUM MERUIT/UNJUST ENRICHMENT CARLISLE REGIONAL MEDICAL CENTER V. PHILIP SPAGNOLO 25. The foregoing averments contained in Paragraphs 1-24 are hereby incorporated by reference as though fully set forth herein at length. 26. In the alternative, if the aforementioned written Contracts between Spagnolo and Carlisle Regional Medical Center are deemed unenforceable, Spagnolo will be unjustly enriched. 27. Defendant Spagnolo materially benefited from the aforementioned medical services conferred on him by Carlisle Regional Medical Center during his hospitalizations of October 17, 2001 through October 20, 2001, October 20, 2001 through October 30, 2001, and November 26, 2001 through December 5, 2001. 28. Spagnolo accepted and retained such medical services at the expense of the Carlisle Regional Medical Center without paying the value attributed to such services. 29. Spagnolo has been unjustly enriched as a result of Spagnolo's acceptance of the medical services conferred on him by the Carlisle Regional Medical Center without payment therefor which is unjust and inequitable. 5 30. As a direct and proximate result of Spagnolo's unjust enrichment, Carlisle Regional Medical Center has suffered damages in an amount in excess of $45,833.40, plus interest and attorney's fees and costs. WHEREFORE, Plaintiff, Carlisle Regional Medical Center, demands judgment in its favor and against Defendant, Philip Spagnolo, in an amount which exceeds the Jurisdictional amount required for compulsory arbitration, together with interest, collections fees and costs, and attorney's fees and costs. Respectfully submitted, FARRELL & RICCI, P.C. A. ,squ e - A~J~grnex.L~. No. 49803 Colleen E. Ehresman, Esquire Attorney I.D. No. 82482 4423 North Front Street Harrisburg, PA 17110 (717) 230-9201 Counsel for Plaintiff EXHIBIT A CONDITIONS OF TREATMENT AND ADMISSION ~, 9209539 ~ ~O~A~N 10/17/2001 22:40 ~RE, I~U~ DIA~C ~ ~ ~CAL ~ATM~, ~ AUTH~D AGE~ AND E~OYEE~ OF ~E H08~, A~ By I~ STAPF, OR ~EIR D~G~S, ~ ~y IN ~EIR ~O~SIONAL J~E~ BE D~ ~Y ~ BE~OAL TO ~ ~L ~ING. I ACKtaOWt.~ ~ Ut(i)~,AtJO THAT MANY OF THE PHYSI(X,&N~ ~ ~1 ~( A~ ~D ~' EXHIBIT B CONDIT]ON$ OF TREATMENT AND AOMI~ION ,~,'rrlli,~l~mtYaalliN VIOL%GO, EDIIARDO S. ..... Dn~E & r~ a~ *~SS~O~ 10/20/2001 ~CCGUN'r NO, 5000964 FRPC-123 VERIFICATION I, Georgeann Reilly, Director, Risk Management and Safety, of Carlisle Regional Medical Center hereby verify that the facts set forth in the foregoing Complaint 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 unsworn falsification to authorities. CARLISLE REGIONAL MEDICAL CENTER Date: Name: ~eeorgeann Rei~['y ~' Title: Director, Risk Managment and Safety SHERIFF'S RETURN CASE NO: 2002-03303 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND CHASE MANHATTAN BANK THE VS GLEIM RICHARD G ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named defendant, DEFENDANT GLEIM SANDRA L ,Sheriff or Deputy Sheriff, who being search and but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT , NOT FOUND , as to GLEIM SANDR_A L 839 GREENSPRING RD IS VACANT. LIVING. SHE LEFT NO FORWARDING WITH POST OFFICE. RICHARD DOES NOT KNOW WHERE SANDRA IS Sheriff's Costs: Docketing 6.00 Not Found 5.00 Affidavit .00 Surcharge 10.00 .00 21.00 Sheriff of Cumberland County MARTHA VON ROSENSTIEL 07/22/2002 Sworn and subscribed to before me this ~,~ ~ day of ~2u~,L A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2002-03303 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK THE VS GLEIM RICHARD G ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GLEIM RICHARD G the DEFENDA/qT , at 1610:00 HOURS, at 11 MOUNTAIN VIEW TERRACE NEWVILLE, PA 17241 MARGARET MENTZER, GIRLFRIEND on the 15th day of July , 2002 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this ~2~,( day of 0 ...... ~ ~ ~2.2-~ A.D. P~cfthonotary So Answers: R. Thomas Kline 07/22/2002 MARTHA VON ROSENSTIEL By_: ~ /~~ Deputy S e~iff SHERIFF'S RETURN - OUT OF CASE NO: 2002-03319 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE REGIONAL MEDICAL CENT VS SPAGNOLO PHILIP COUNTY R. Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: SPAGNOLO PHILIP but was unable to locate Him deputized the sheriff of DAUPHIN Sheriff or Deputy Sheriff who being search and in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On July 23rd , 2002 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 07/23/2002 FARRELL & RICCI Sheriff of Cumberland County Sworn and subscribed to before me this ~ day of ~3- 2 ~0 2.~ A.D. / ; Prothonota%y Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chlef Deputy Commonwealth of Pennsylvania County of Dauphin A/qD NOW:July 18, 2002 COMPLAINT SPAGNOLO PHILIP to HIM of the original : CARLISLE REGIONAL MEDICAL CENTER : SPAGNOLO PHILIP Sheriff's Return No. 1722-T -2002 OTHER COUNTY NO. 02-3319 at 8:48PMServed the within upon by personally handing 1 true attested copy(les) COMPLAINT and making known to him/her the contents thereof at 1149 S 18TH ST HBG, PA 17104-0000 Sworn and subscribed to before me this 19TH PROTHONOTARY day of ~JIJLY, 2002 So Answers, Sheriff's Costs: $25.50 PD 07/16/2002 RCPT NO 166713 COOK - In The Court of Common Pleas of CumberLand County, Pennsylvania Carlisle Reuionat Medical Center VS. Philip Spaunolo SERVE: s~ne 02 3319 civil NO. Now, July 15, 2002 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this Affidavit of Service Now~ within ,20 , at o'clock __ M. served the upon by handing to a and made !mown to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of County, PA COSTS SERVICE $ MILEAGE AFFIDAVIT '