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Home My WebLink About94-04149 , " , ., , " " , " , " '. '\ \ \. .. , \ \ t , , " ;,' p , J " , , " " , " " " - " " '. " " " , , . " , , " I \ I " I ,: " HARRISBURG MEDICAL MANAGEMENT, I IN THE COURT OF COMMON PLEAS OF INC. t/d/b/a THE CAPITAL I CUMBERLAND COUNTY, PENNSYLVANIA RECOVERY CENTER, I I Plaintiff v. CIVIL ACTION--LAW GLENN G. VANASDLEN, SR. ~ Defendant No, CfLf- III (/9 CI'vll I t. I ,t) If 0 T I C . 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 arid 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 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square--Fourth Floor Carlisle, PA 17013 KEEFER, WOOD, ALLEN , RAHAL Dated: -:r [1.1..1 ct ~ By: a6:).. ; -~&.JJJ ~ - - Br ord Dorrance I, , #32147 210 Walnut street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 Attorneys for Plaintiff '-- COVIIT I - III COIITRAC'1' 3. CRC incorporates herein by reference paragraphs 1 through 2 above, 4. On or about August 5, 1993, Mr, Vanasdlen signed CRC's standard agreement ("agreement"), under which he agreed to assign all insurance payments to CRC to cover the cost of rehabilitative and other medical services provided to him and his dependents. Mr, Vanasdlen further promised to bo personally responsible for any CRC services not covered by insurance. A copy of the agreement is attached as Exhibit "A," 5, At all relevant times, CRC has complied with its obligations and has provided rehabilitative and other medical services on behalf of Mr, Vanasdlen, 6, After any insurance payments and other credits have been applied, a balance of $395,00 remains unpaid on Defendant's account, 7, CRC's contractual claim against Defendant has been liquidated, due, and owing since B/5/93, Accordingly, CRC is entitled to six percent annual interest ($21.06) computed on its principal claim from B/5/93 through 7/22/94, B. To date, despite repeated requests, Defendant has breached his contractual obligations by failing to pay CRC's claim, inclusive of interest and costs, 2 WKIRlrORI, Plaintiff, Harrisburg Medical Management, Inc. t/d/b/a The capital Recovery Center, demands jUdgment in its tavor and against Defendant, Glenn G, Vanasdlen, sr" in the amount at $511.56, representing the current principal amount ot the claim ($395,00), interest ($21,06) accrued thereon from 8/5/93 through 7/22/94, current record costs of $95,50, together with continuing interest and costs pending disposition hereot. COUNT II - IMPLIED-IN-PACT CONTRACT 9, CRC incorporates herein by reference paragraphs 1 through 8 above. 10, In the alternative, assuming there was no express written contract as averred in Count I above, there existed an implied-in-fact contract between the parties based on their oral and written representations and conduct, and the circumstances surrounding CRC's provision of rehabilitative and other medical services. 11, Under the implied-in-fact contract, Defendant agreed to pay CRC for rehabilitative and other medical services provided to him, after applying any available insurance and other credits, 12. Under the implied-in-fact agreement, Defendant agreed to assign any insurance benefits to CRC to cover all or a portion of the cost of its services. 3 13. Under the implied-in-tact agreement, Defendant had implied obligations of good faith, fair dealing, and disclosure. 14. Defendant has breached his implied obligations and promises to pay, and have defaulted on his obligations under the implied-in-fact contract, leaving a current balance of $395.00 due and owing since 8/5/93, WHIRlrORI, Plaintiff, Harrisburg Medical Management, Inc, tldlbla The Capital Recovery Center, demands judgment in its favor and against Defendant, Glenn G, Vanasdlen, Sr., in an amount not to exceed $10,000,00 (eXClusive of interest and costs), thus requiring referral to arbitration under local rule. COUNT III - QUANTUM MIRUIT/UNJUST IHRICHKIHT 15. CRC incorporates herein by reference paragraphs 1 through 14 above, 16, Alternatively, assuming CRC fails to state a claim for either an express or an implied contract as averred in Counts I and II above, CRC alleges a cause of action based on the doctrine of unjust enrichment, seeking restitution of the reasonable value of its rehabilitative and other medical services on behalf of Defendant, ~" $395,00, 17, Defendant has wrongfully secured or has passively received the benefit of CRC's services, but, after repeated demands, has failed to make restitution, 4 V..UICATIall I, Linda S. Baird Jansen, verity and state thatl 1. I am the Director of The capital Recovery Center, Plaintiff in the foregoing action, 2. I am authorized to make this verification on behalf of Plaintiff. 3. The facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. 4. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities, Dated~ r"1'/I"I- I 1/ i '1 ,/1". "/. / .' -I I {. ,'~i /.1..- Y Linda S'/ " (. , , l ,-" ~.;:... .' , "'~ , I, I o @ ~ I: :::: N In N .Ef >- ",,>- .,.... "/,_' .;e fk'!)'.'''' 14:(:;2.- ~ '.:, ~:.: ~:) ~~ , . ~~..oJ ..,:>- ./UI ,': .'~ '1.,/1"- jl,j -,'.' :~; c: 00:> - o 'a') -:r- - I"'- lr) ~") - "ft ~~ c;;L :t~ , \ ~ .. \10 Cl I) ~ oC:> . ~ "-'1 \J) l:t u) "::r"-