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Home My WebLink About94-05086 I 1 , I " , " " i, " , , , 0' , ' ' , , I" " l.. , ' , qJ , J I~ , 'I' I " i " , I I ' , . " -;P , ol' , I , " '" . I " ,Ii l " , , " I I \ , , " 'I " " \ "'- ' , 'I ) . , " " ;/ 1 I , , I , .~ .1 ".1 r I,' J " " " , . ' , \, , " ~ 00 o tn I.; '" " , " , " , , " , ' HARRISBURG MEDICAL MANAGEMENT, INC. t/d/b/a THE CAPITAL RECOVERY CENTER, Plaintiff v. FRANK BOYER and TRUDY BOYER, husband and wife, jointly and severally, Defendants I IN THE COUnT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I CIVIL ACTION--LAW I I I I I No. COMPLAINT Plaintiff, by its undersigned attorneys, files this complaint based on the following: 1. Harrisburg Medical Management, Inc. is a Pennsylvania corporation which, inter alia, tradee and does bUDiness as The Capital Recovery Center ("CRC"), an outpatient rehabilitative facility located at 415 Fallowfield Road, Cumberland County, Camp Hill, Pennsylvania 17011. Harrisburg Medical Management, Inc.'s r.egistered office and principal place of business are located at 409 S. Second street, HarriSburg, Dauphin County, Pennsylvania 17101. 2. Defendants, Frank and Trudy Boyer, are adult individuals currently residing at 802 S. Main street, Marysville, Perry County, Pennsylvania 17053. At all relevant times, Defendants were and are married as husband and wife, and had express, implied, or apparent authority to obligate one another for the payment of CRC's services, as alleged below. COUMT I - IIPRIII ORAL AGRIINIHT 3. CRC incorporates herein by reference paraqraphs 1 throuqh 2 above. 4. On or about January 20, 1992, the Boyers agreed to a~.ign all insurance payments to CRC to cover the cost of rehabilitative and other medical services provided to them. The Boyers further promieed to be personally reeponsible for any CRC services not covered by insurance. 5. At all relevant times, CRC has complied with its obligations under the express oral agreement, and has provided rehabilitative and other medical eervices on behalf of Mr. Boyer. 6. After any insuranco payments and other credits have been applied, a balance of $7,668.00 remains unpaid on Defendants' account. 7. CRC's contractual claim against Defendants has been liquidated, due, and owing since 10/12/92. Accordingly, CRC is entitled to six percent annual interest ($881.82) comp~ted on its principal claim from 10/12/92 through 9/12/94. 8. To date, despite repeated requests, Defendants have breached thej,r contractual obligations by failing to pay CRC's claim, inclusive of interest and costs. WKIRI.ORI, Plaintiff, Harrisburg Medical Management, Inc. t/d/b/a The Capital Recovery Center, demands judgment in its 2 favor and against Defendants, Frank and Trudy Boyer, husband and wife, jointly and severally, in the amount of $8,695.32, representing tho current principal amount of the claim ($7,668.00), interest ($881.82) accrued thereon from 10/12/92 through 9/12/94, current record costs of $145.50, together with continuing interest and costs pending disposition hereof. COUNT II - IMPLIID-IN-.ACT CONTRACT 9. CRC incorporates herein uy reference paragraphs 1 through 8 above. 10. In the alternative, aesuming there was no expres~ oral agreement ae averred in Count I above, there existed an implied-in-fact contract between the parties based on their oral and written representations and conduct, course of dealing, and the circumstancee surroundirlg CRC's provision of rehabilitative and other medical services. 11. Under the implied-in-fact contract, Defendants agreed to pay CRC for rehabilitative and other medical services provided to them, after applying any available insurance and other credits. 12. Under the implied-in-fact agreement, Defendants agreed to assign any insurance benefits to CRC to cover all or a portion of the cost of its services. I, 3 13. Under the implied-in-faot agreement, Defendants had implied obligations ot good faith, fair dealing, and disolosure. 14. Defendants have breached their implied obligations and promises to pay, and have defaulted on their obligations under the implied-in-fact contract, leaving a current balance of $7,668.00 due and owing since 10/12/92. WHIRlrORI, Plaintiff, Harrisburg Medical Management, Inc. t/d/b/a The capital Recovery Center, demands judgment in its favor and against Defendants, Frank and Trudy Boyer, husband and wife, jointly and severally, 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 MERUIT/UNJUST IHRICKMINT 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 baeed on the doctrine of unjust enrichment, seeking restitution of the reasonable value of its rehabilitative and other medical services on behalf of Defendants, ~., $7,668.00. 4 , ch ',~ , ' --~ <) "-'J ....:.. .'t'-- ~ ~ I' ;r.; :.or -....:t- !' Lf'"o . or " \r-) := .. i'\) ,:,- ~~ f'\") ...... I.';) ~ I.' - ~ Ii) -.lr rn <:M ~ ~....... ~. .".... tb ~~\~ ~ (",., - " , . HARRISBURG MEDICAL MANAGEMENT, INC. t/d/b/a THE CAPITAL RECOVERY CENTER, Plaintiff V. FRANK BOYER and TRUDY BOYER, hu.band and wire, jointly and .evllraUy, Derendants . I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I : CIVIL ACTION--LAW I I I I I I No. 94-5086 PUIlOIPIl TO DIBCOllTIWIl TO THE PROTHONOTARY I Please discontinue the above matter with prejudice upon payment or your costs. KEEFER, WOOD, ALLEN & RAHAL B~~#~2' '- I.D. No. 32147 210 Walnut street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR PLAINTIFF 6 --- " i.':: (,.t t,-. I .. ~" '.J " , I i':' . , " (i' .i ( , I '. " G" ,) \ [i.. , I ,. :J r., .,. " , , , ~.-, ," II , , I' ! "