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HomeMy WebLinkAbout94-05090 tJ ;11 cJ E .., . ~ e1 ~ ~ :::z: J J o ()-- 65 I -::t-I C)/ 6/ 2: , , I" , , " , , " , " . '" " , :,1 " I I \ \ . \ "'\ \ ~ ! " '" , , " " ' , , ,. i " I " '" " , , I I " " , ,,, HARRISBURG MEDICAL MANAGEMENT, INC. t/d/b/a THE CAPITAL . RECOVERY CENTER, IN THE COUR~ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION--LAW RENNETH A. McBRIDE, JR. and EDITH McBRIDE, husband and wife, jointly and severally, Defendants .') -(11 Ll (i ({~, L ) ( { -rY'- No. c'ylt If 0 TIC II 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 objeotions to the claims set forth aqainst 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 cl.aim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHpULD 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 Datedl Gj/~/qy , M--o.J:::;,:.. . #, . <- Br~~rd-Dorrance I.D. #32147 210 Walnut street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 Attorneys for Plaintiff BY\~- HARRISBURG MEDICAL MANAGEMENT, INC. t/d/b/a THE CAPITAL RECOVERY CENTER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION--LAW KENNETH A. McBRIDE, JR. and EDITH McBRIDE, husband and wit., jointly and severally, Defendants No. COMPLAIHT 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 business as The Capital Recovery Center ("CRC"), an outpatient rehabilitative facility located at 415 FallowHeld Road, Cumberland county, Camp Hill, Pennsylvania 17011. Harrisburg Medical Management, Inc.'e registered office and principal place of business are located at 409 S. Second street, Harrisburg, Dauphin County, Pennsylvania 17101. 2. Defendants, Kenneth and Edith McBride, are adult individuals currently residing at 7 Umberto Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. At all relevant times, Defendante 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. comrr I . IM CORBCT 3. CRC incorporates herein by reterence paragraphs 1 through 2 above. 4. On or about March 7, 1994, Mr. McBride signed CRC'. standard agreement ("agreement"), under which the McBrides agreed to assign all insurance payments to CRC to cover the cost ot rehabilitative and other medical services provided to them and their dependents. The McBrides turther promised to be personally responsible tor 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 the MeBrides and their minor son, Matthew McBride. 6. After any insurance payments and other credits have been applied, a balance of $295.00 remains unpaid on Defendants' account. 7. CRe's contractual elaim against Defendants has been liquidated, due, and owing since 4/12/94. Accordingly, CRC is entitled to six percent annual interest ($7.40) computed on its principal claim from 4/12/94 through 9/12/94. 2 B. To date, despite repeated requests, Detendants have breached t~eir contractual obligations by tailing to pay eRC'. claim, inclusive ot interest and costs. WRlllroRI, Plaintitt, Harrisburg Medical Management, Inc. t/d/b/a The Capital Recovery Center, demands judgment in it~ tavor and against Defendants, Kenneth A. McBride, Jr. and Edith McBride, husband and wife, jointly and eeverally, in the amount of $397.90, representing the current principal amount of the claim ($295.00), interest ($7.40) accrued thereon from 4/12/94 through 9/12/94, current record costs of $95.50, together with continuing interest and costs pending dispoeition hereof. COUNT II - IMPLIID-IN-rACT CONTRACT 9. CRC incorporates herein by reference paragraphs 1 through B 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, course of dealing, and the circumstances surrounding CRC's provision of rehabilltative and other medical services. 11. Under the implied-in-fact contract, Defendants and each of them agreed to pay CRC for rehabilitative and other 3 medical services provided to them and their minor son, Matthew, after applying any available insurance and other credits. 12. Under the implied-in-fact agreement, Defendants and each of them agreed to assign any insurance benefits to CRC to cover all or a p?rtion of the cost of its services. 13. Under the implied-in-fact agreement, Defendants had implied obligations of good faith, fair dealing, and disclosure. 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 $295.00 due and owing since 4/12/94. WHlalFOal, Plaintiff, Harrisburg Medical Management, Inc. t/d/b/a The Capital Recovery Center, demands judgment in its favor and against Defendants, Kenneth A. McBride, Jr. and Edith McBride, 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 - OUAHTUM M.RUIT/UNJU8T .HRICHM.NT 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 4 I and II above, CRC alleges a cause of action based on the doctrine of unjust enrichment, seeking re.titution of the rea.onable value of its rehabilitative and other medical .ervice. provided to Defendants and their minor son, ~., $295.00. 17. Defendants have wrongfully secured or have pas.ively received the benefit of CRC's s~rvices, but, after repeated demands, have failed to make restitution. WHI.lrO.I, Plaintiff, Harrisburg Medic~l Management, Inc. t/d/b/e The capital Recovery Center, demands judgment in its favor and against Defendants, Kenneth A. McBride, Jr. and Edith McBride, 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. Plaintiff requests such other relief as the Court may deem appropriate. Respectfully submitted, KEEFER, WOOD, ALLEN & RAHAL Dated I <J J f; / C/I.f BY:~ .,..li. \) ~- - -- Bradfo;~rrance I. D. #32147 210 Walnut street P. O. Box 11963 HarriSburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR PLAINTIFF 5 . .' THE CAPITAL BlCOV!RY CEITER 3514 Trindl~ Road Callp Hill, fA 17011 m 7) 73lw8400 If!\l PATIENT INFOI\KATIOK If...: ..!!\...~......~ .~m~Jt.,.~. DauI g.?_,., Allel..L'L. Selt!.....c1- BbthdauI /D-Q:J.I),.. Addr"'1 "7 LJ",&",t.P... 111#". Sneec ,1.",,,,, Up r\)~'l' G........h.....l...~ C1ty -Pn. han Telephollel (8) .1:1.."1- -'?I." (II) Bocial Security' :Jo!>o1- "'I' -i.?4!L.:.- blation.hipl F'.. +-h... Teleph.onel ')1 'I._ ')? ...11 NUt of 11:1111 .J~. .......1. II- (\'\.r:>..;.t.;r.... Addr...t ? U"'" hfl'."'" 14".. tU...u...l ~ .1f'P'l. .b"',A/"'''''I~ Your Occupation: ,":' n.~ !ulplu)'OIrl f"lon.,. In I A... s.ploy.r'. Addressl C...U,/. J1.,l I":d"'pl-+~ll _p~ 1 "1./I1J If you have be.n ab.ent trom vort due to present condition, pl.... indicate date lalt workedl~_:?.,.. .. '1 Dace of ...eid.nt/injury. 0- -<:>9. ..., Ie there all attorney involved ill your case? ~ If so, Attornoy'S Nomel Address: Talephone I Supervidna Phydci,ml 1\- L.f.P' F"lOily Ph,.eicianl i)" 11",,1<1.. PAYMENT RESPONSIBILITY: UNLESS OTHER AlUlANGEHENTS HAV! BEEN HADE. ALL PROnSSIONAL SERVICES ARE CIIAIlGBD TO Ta! PATIENT. lIE WILL BE PLEASED TO ASSIST YOU IN THJ:; COMPLK'rIOIl OF UY INSUIAIlCB FORHS NECESSARY rOR PAYMENT AND WE ENCOURAGE YOU TO MEET \lITH oua OFFICE COORDINATOl II ORDER TO UNDERSTAND YOUR llESPONSIBnITIBB FOR PAYMENT. IT IS CUST<DW1Y TO PAY VOR SEllVICES WIlEN llENDERED UNLESS OTlUlR ARlWlGEIlENTs IIAVB IIlEII HADE IN ADVANCE. PAYIlBN'r SCHEDULES KAT BE AllRANGED POR PEaSONS INVOLVED IN ONGOING SBRV1Cll. INSURANCE AUTKOlIZATION AND ASSIGNMENT (Please read and Rian): I hereby authorize !he Capital aa~overy Center to furnish information to l....lI~an.o ca....i.... or ~heir rapr..."tativ.. ."ncernina my Ulll.... "lid tr....tlllllnc. and I hereby aesiEn to tho Conter all payments for services rendered to my.elf or my dependente. I under.tand that I am reeponeible for sny amollnt not covered by in.uranee. SIGNATt1IlE: <tL crlI f.1.1..~. 'j,.JI. DATE: 3/7/9<1 , Exhibit "A" VIRInCA'l'IOII I, Linda s. Baird Jansen, verify and state thatl 1. I am the Diroctor 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 faleification to authorities. ,- //. / . I , t:( .;f' ~~[-c_ Dated: 9/8/94 /' ,/ HAIIISBURG MEDICAL MANAGEMENT, INC. t/d/b/a THE CAPITAL RECOVERY CENTER, I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I Plaintiff v. CIVIL ACTION--LAW RENNETH A. McBRIDE, JR. and EDITH McBRIDE, husband and wife, jointly and severally, Defendants No. 94-5090 civil Term TO: Defendants, Renneth A. McBride, Jr. and Edith MCBride Date of Noticel October 24, 1994 IMPORTANT NOTICIl YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAXE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TARE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET ,LEGAl_ HELP: Court Administrator Cumberland County Courthouse 1 Courthouse Square--Fourth Floor Carlisle, PA 17013 (717) 240-6200 I, the undersigned attorney, oertify that, on the above-referenced date, this notice vas .ailed to the Defendant.' re.identi.l addre.. by certified and regular .ail. REEFER, WOOD, ALLEN & RAHAL BYI ~ P'~~"~ ~ - '- --- Bra ord Dorrance I. . #32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR PLAINTIFFS Exhibit "e" HARRISBURG MEDICAL MANAGEMENT, INC. t/d/b/a THE CAPITAL RECOVERY CENTER, Plaintiff v. KENNETH A. McBRIDE, JR. and EDITH McBRIDE, husband and wife, jointly and severally, Defendants I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I CIVIL ACTION--LAW I I I : I I No. 94-5090 civil Term TO: Kenneth A. McBride, Jr. and Edith McBride, Defendants You are hereby notified that on November ij, 1994, a $397.90 default judgment wae entered against each of you and in favor of Plaintiff, Harrisburg Medical Management, Inc. t/d/b/a The Capital Recovery center, in the above-captioned case. Data, ---11- 4 'i 4 ' J", l" ..L prot notary I I hereby certify that~1]and:'~he proper person to receive this notice is: address of the Mr. and Mrs. Kenneth A. McBride, Jr. 7 Umberto Avenue New Cumberland, PA 17070 Dated: ~ ~a~-~--- I. D. No. 32147 KEEFER, WOOD, ALLEN , RAHAL 210 Walnut street P. O. Box 119(,3 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR PLAINTIFF .",. >-... r:.r. - ~'J~ - " 'f ,~, .... ~ .~ m '" ,,/ , ,y) ", ":r ... -t; ~ 1":,- 1..(..\ '..1 ~ '-1 l :::. j ~ r( '... ~ ./ l<') ~~ 1"- . .;-- ('(') ~ "---- J "" ~ 'J 'r1, ~ .,--~ r- \~ - () " "0 .~ '-- -\... ,~ 1\'"') ~'0 , , , , , , , "