Columbia Presbyterian Anesthesiology v. Brock

876 A.2d 853, 379 N.J. Super. 11, 2005 N.J. Super. LEXIS 216
CourtNew Jersey Superior Court Appellate Division
DecidedJuly 5, 2005
StatusPublished
Cited by1 cases

This text of 876 A.2d 853 (Columbia Presbyterian Anesthesiology v. Brock) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Columbia Presbyterian Anesthesiology v. Brock, 876 A.2d 853, 379 N.J. Super. 11, 2005 N.J. Super. LEXIS 216 (N.J. Ct. App. 2005).

Opinion

The opinion of the court was delivered by

GRAVES, J.A.D.

This is a Special Civil Part collection case. Plaintiff appeals from three separate orders, each denying plaintiffs application to enforce a stipulation of settlement. We reverse.

Plaintiff rendered anesthesiology services to defendant, Michael Brock. When the balance due for services went unpaid, plaintiff filed a complaint alleging that the sum of $4,397.10, was due and owing, together with costs and statutory attorney’s fees pursuant to N.J.S.A. 22A:2-42. In his answer, dated August 29, 2002, defendant did not deny the debt or dispute that plaintiff was entitled to be paid the sum of $4,397.10.

On the standard answer form, which was provided to defendant and which is “made available to litigants by the Clerk of the Special Civil Part,” R. 6:l-l(g), defendant could have selected [13]*13from a list of six possible defenses to plaintiffs claim. The standard form provides as follows:

Check the appropriate statement or statements below which set forth why you claim you do not owe money to the plaintiff.
_ (1) The goods or services were not received.
_ (2) The goods or services received were defective.
_ (3) The bill has been paid.
_ (4) I/We did not order the goods or services.
_ (5) The dollar amount claimed by the plaintiff(s) is incorrect.
_ (6) Other-Set forth any other reasons why you believe money is not owed to
the plaintiff(s). _
[Pressler, Current N.J. Court Rules, Appendix XI-F at 2627 (2005).]

Defendant checked only statement (6) on the form, and he wrote: “see attached sheet.”

In the letter attached to his answer, defendant stated:

In the spring of 2001 I started to receive insurance payments for my recent surgeries. At the time I was incapacitated and had no one to help me take care of my medical financial responsibilities. The insurance checks were never cashed. I informed Blue Cross/Blue Shield of Central N.Y. of my dilemma and was told that because of the union contract with my former employer the cheeks must be sent to me, and not directly to the service provider.
I am currently starting to get on my feet a little and it is my every intention to see that all medical service providers be paid. I’ve been in touch with my health insurance carrier and they will replace all checks. Social Security Disability is my only means of support. In addition, I’m not eligible for food stamps, Medicaid or Medicare.
Currently, I’m not able to pay any balances after insurance, however, I might be able to pay $5-a month until I can go back to work. This is not meant as an insult, it’s just that I have several service providers to account for and am doing whatever I can. I’ve informed the collection agent for Craner, Satkin, & Scheer, attorneys for the Plaintiff, that an insurance payment check for $1,479.00 is forthcoming. And their agent has sent me a copy of the bill so I can further resolve the claim with my carrier. I’m terribly sorry for the inconvenience and will do what I can.

As promised, defendant made a substantial payment and the parties settled their differences prior to trial. The case was marked “settled” on the trial date, and a fully signed stipulation of settlement was filed with the trial court on October 30, 2002. The written stipulation of settlement contained only three provisions:

[14]*14It is hereby stipulated and agreed by and between the parties hereto as follows:
1. That there is due the plaintiff from the defendants) the sum of $2,925.27.
2. That no further action shall be taken in this matter by the plaintiff provided defendant shall pay on account of the debt hereinabove stated to the plaintiffs attorney the sum of $10.00 per month beginning November 1, 2002 through October 1, 2004 then to be renegotiated for terms consistent with defendant’s then income.
3. In the event of a default of any payment to be made by the defendant there under which shall continue for a period of more than ten (10) days, then upon filing a certification of such default by plaintiffs attorney without notice, plaintiff may proceed to enter judgment for the sum set forth in the complaint, less any payments made hereunder, plus interest and costs.

Prior to defaulting, defendant made twelve monthly payments, each in the amount of ten dollars. His last payment was made on October 7, 2003. As provided in the stipulation of settlement, following the default, plaintiffs attorney filed his certification together with a proposed order for entry of judgment with the court. Plaintiffs attorney explained that a stipulation of settlement had been negotiated and filed with the court, and he attached a copy of it to his certification. Plaintiffs attorney certified that defendant had paid the sum of $1,753.56 on account prior to defaulting, and he also certified that the sum of $2,643.54 was “due and owing on the complaint.”

On March 8, 2004, the court denied plaintiffs application for entry of judgment. The order indicates that “the total amount paid since the settlement exceeds that required by the settlement.” We note, however, that the sums certified to by plaintiffs counsel were consistent with the amount alleged to be due and owing in plaintiffs complaint. ($1,753.56 + $2,643.54 = $4,397.10.) The total sum paid by defendant prior to default included both the money paid prior to settlement and defendant’s twelve monthly payments thereafter. ($1,633.56 + $120 = $1,753.56.)

Plaintiffs subsequent notice of motion for entry of judgment was served upon defendant pursuant to Rule 6:3-3. Although defendant did not oppose plaintiffs motion for entry of judgment, plaintiffs application was denied. An order dated May 10, 2004, contains the following notation: “Since the judgment deals with [15]*15the amount demanded in the complaint rather than the settlement amount, there will have to be an affidavit of proof on the merits.”

Plaintiffs third application for entry of judgment consisted of a notice of motion for reconsideration. In a supporting certification, plaintiffs attorney stated that there was no need for any further affidavits because “the debt in suit merged into the stipulation of settlement,” and proof of the indebtedness was established by the stipulation of settlement together with “evidence of the breach and evidence of the payment on the settlement.” Plaintiffs motion for reconsideration was denied on September 8, 2004, with the notation “Denied as before.”

Following plaintiffs appeal, the trial court supplemented its findings in accordance with Rule 2:5-l(b). Citing to Wasserman’s Inc. v. Township of Middletown, 137 N.J. 238, 645 A.2d 100

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876 A.2d 853, 379 N.J. Super. 11, 2005 N.J. Super. LEXIS 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/columbia-presbyterian-anesthesiology-v-brock-njsuperctappdiv-2005.