COMPLAINT

IN THE COURT OF COMMON PLEAS OF XXX

 

XXXX Medical Staffing

           Plaintiff,

vs.

XXX

          Defendant.

 

COMPLAINT

XXX  Medical Staffing (the “Plaintiff”) files this Complaint against XXXX Nursing and Rehabilitation Center, LLC aka Forbes Center for Rehabilitation and Healthcare aka Corner View Per and Forbes Center for Rehabilitation and Healthcare, LLC (the “Defendant”) alleging the following:

Nature of the Action

  1. This is an action for equitable relief as well as monetary damages to redress the Defendant’s breach of contract.

Parties

  1. The Plaintiff is a company doing business in Pennsylvania located at XXXX. The Defendant is a company doing business in XXX.

Facts

  1. On XXXX the Plaintiff and the Defendant entered into a written contract, whereby the Plaintiff would provide temporary medical employees to the Defendant at agreed rates. The contract is a valid contract and contains all elements.
  2. The contract includes provisions, in additional to the principal charges for services rendered, for the accrual of finance charges (at the monthly rate of 1.5%) in the event of untimely payment, as well as attorneys’ fees for the costs of collection.
  3. In accordance with the contract, the Plaintiff provided services to the Defendant during the period of XXX through and including XXXX. The Plaintiff has retained all supporting documentation in connection with those services. 
  4. For unknown reasons, the Defendant has failed and continues to fail to pay the Plaintiff what is owed.
  5. The Plaintiff has made repeated requests to the Defendant to make payment in the sum of $38,697.69 but the Defendant has not made any attempt to do so.
  6. The Plaintiff has no other option but to file this suit before this Honorable Court.

Breach of Contract

  1. The Plaintiff entered into a contract and was required to send its employees to the Defendant’s nursing home.
  2. The Plaintiff fulfilled all its obligations in the contract.
  3. The Defendant breached the contract by failing to pay the Plaintiff $38,697.69 for the work done by the Plaintiff’s employees.
  4. The Plaintiff was harmed by its reliance on the terms of the contract that the Defendant refused to uphold, in particular by using its funds to compensate its employees for work done.

Breach of Implied Covenant of Good Faith and Fair Dealing

  1. The Defendant breached the above described contract for reasons incompatible with good faith and fair dealing as a proximate and foreseeable result of which the Plaintiff suffered damages. The breach of contract was wholly unsupported by any arguable reasons, was willful, malicious and in bad faith.

Promissory Estoppel

  1. The Defendant deliberately made promises to the Plaintiff when they expected that the Plaintiff would rely on those promises. Those promises were known by the Defendant to have created a reasonable expectation in the Plaintiff that the Plaintiff would receive all funds payable by the Defendant. Injustice can only be prevented by enforcing the Defendant’s promises. The Defendant’s breach of their promises and assurances proximately caused the damages previously described in this Complaint, said damages were foreseeable and the Defendant’s conduct causing these damages was attended by malice, willfulness, insult, and abuse, thus entitling the Plaintiff to recover punitive as well as actual damages.

Prayer for Relief

WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant the following reliefs:

  1. An order of specific performance compelling the Defendant to pay the Plaintiff $38,697.69 for the work done by the Plaintiff’s employees;
  2. Award Plaintiff punitive damages, pre and post judgment interests, costs of suit and attorney and expert witness fees as allowed by law;
  3. Such equitable relief as may be appropriate under the circumstances; and
  4. Award such further relief as this Honorable Court deems necessary and proper.

 

Respectfully Submitted,

______________________________

Insert Counsel’s Name

Counsel for Plaintiff

 

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