HomeMy WebLinkAbout95-02311
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COUNT I - IN CONTRACT
3. CRC incorporates herein by reference paragraphs 1
through 2 above.
4. On or about December 3, 1992, the Summerses agreed
to assign all insurance payments to CRC to cover the cost of
rehabilitative and other medical services provided to them. The
Summerses further promised to be personally responsible for any
CRC services not covered by insurance.
5. At all relevant times, CRC has complied with its
obligations and has provided rehabilitative and other medical
services on behalf of Mr. Summers.
6. After any insurance payments and other credits
have been applied, a balance of $215.00 remains unpaid on
Defendants' account.
7. CRC's contractual claim against Defendants has
been liquidated, due, and owing since 12/3/92. Accordingly, CRC
is entitled to six percent annual interest ($30.08) computed on
its principal claim from 12/3/92 through 4/3/95.
8. To date, despite repeated requests, Defendants
have breached their contractual obligations by failing to pay
CRC's claim, inclusive of interest and costs.
WHBRBFORB, Plaintiff, Harrisburg Medical Management,
Inc. t/d/b/a The capital Recovery Center, demands judgment in its
2
favor and against Defendants, Charles Summers and Elizabeth
summers, husband and wife, jointly and severally, in the amount
of $390.58, representing the current principal amount of the
claim ($215.00), interest ($30.08) accrued thereon from 12/3/92
through 4/3/95, current record costs of $145.50, together with
continuing interest and costs pending disposition hereof.
COUNT II - IHPLIBD-IN-FACT CONTRACT
9. CRC incorporates herein by reference paragraphs 1
through 8 above.
10. In the alternative, assuming there was no express
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, Defendants and
each of them agreed to pay CRC for rehabilitative and other
medical services provided to one or both of them, 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 portion of the cost of its services.
3
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
$215.00 due and owing since 12/3/92.
WHEREFORE, Plaintiff, Harrisburg Medical Management,
Inc. t/d/b/a The Capital Recovery Center, demands judgment in its
favor and against Defendants, Charles Summers and Elizabeth
summers, husband and wife, jointly and severally, in an amount
not to exceed $10,000.00 (exclusive of interest and costs).
COUNT III - QUANTUM MERUIT/UNJUST ENRICHMENT
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 one or both of the Defendants, ~., $215.00.
4
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COUNT I - IN CONTRACT
3. CRC incorporates herein by reference paragraphs 1
through 2 above.
4. On or about December 3, 1992, the Summerses agreed
to assign all insurance payments to CRC to cover the cost of
rehabilitative and other medical services provided to them. The
Summerses further promised to be personally responsible for any
CRC services not covered by insurance.
5. At all relevant times, CRC has complied with its
obligations and has provided rehabilitative and other medical
services on behalf of Mr. Summers.
6. After any insurance payments and other credits
have been applied, a balance of $215.00 remains unpaid on
Defendants' account.
7. CRC's contractual claim against Defendants has
been liquidated, due, and owing since 12/3/92. Accordingly, CRC
is entitled to six percent annual interest ($30.08) computed on
its principal claim from 12/3/92 through 4/3/95.
8. To date, despite repeated requests, Defendants
have breached their contractual obligations by failing to pay
CRC's claim, inclusive of interest and costs.
WHEREFORE, Plaintiff, Harrisburg Medical Management,
Inc. t/d/b/a The capital Recovery Center, demands judgment in its
2
favor and against Defendants, Charles Summers and Elizabeth
summers, husband and wife, jointly and severally, in the amount
of $390.58, representing the current principal amount of the
claim ($215.00), interest ($30.08) accrued thereon from 12/3/92
through 4/3/95, current record costs of $145.50, together with
continuing interest and costs pending disposition hereof.
COUNT II - IMPLIED-IN-FACT CONTRACT
9. CRC incorporates herein by reference paragraphs 1
through 8 above.
10. In the alternative, assuming there was no express
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, Defendants and
each of them agreed to pay CRC for rehabilitative and other
medical services provided to one or both of them, 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 CRe
to cover all or a portion of the cost of its services.
3
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 defaultp.d on their obligations
under the implied-in-fact contract, leaving a current balance of
$215.00 due and owing since 12/3/92.
WHEREFORE, Plaintiff, Harrisburg Medical Management,
Inc. t/d/b/a The capital Recovery center, demands judgment in its
favor and against Defendants, Charles Summers and Elizabeth
Summers, husband and wife, jointly and severally, in an amount
not to exceed $10,000.00 (exclusive of interest and costs).
COUNT III - QUANTUM MERUIT/UNJUST ENRICHMENT
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, CRe 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 one or both of the Defendants, i.e., $215.00.
4