PHILADELPHIA – A Philadelphia nursing home believes the family of a deceased former resident of that same home have left expenses associated with the decedent’s care unpaid.
Cheltenham Nursing & Rehabilitation Center PA, L.P. (doing business as York Nursing & Rehabilitation Center) of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on July 7 versus Milton T. Ferrell and Mary Ferrell, also of Philadelphia.
“From March 5, 2013 to Feb. 21, 2017, York delivered to third-party Vergie Ferrell, now deceased, professional, residential nursing and rehabilitation services pursuant to a written admission agreement executed by Mary Ferrell. York fully performed all of its obligations under the admission agreement,” the lawsuit says.
“As a result of Mary Ferrell’s breach, York has been damaged in the amount of $4,439.20, plus interest at the contract rate of 18 percent per year from and after Feb. 21, 2017, attorney’s fees and costs,” the lawsuit continues.
Per the litigation, Vergie Ferrell was indigent and had applied to the Commonwealth of Pennsylvania for Medicaid assistance to pay for her stay and treatment at the plaintiff’s facility. The application was approved on the condition that Vergie pay over her income, which included a pension, to the plaintiff. But, the plaintiff maintains it was financially damaged when the defendants failed to turn over the decedent’s pension checks and converted it.
The suit accuses the defendants of not using their “sufficient” financial ability to support Vergie.
For counts of breach of contract, conversion, filial responsibility and accounting, the plaintiff is seeking damages of $4,439.20, plus interest at a rate of 18 percent from and after Feb. 21, 2017, or such other amount the Court may set, attorney’s fees and costs, plus an accounting of Vergie Ferrell’s income and disbursements from and after Feb. 1, 2013 in this matter.
The plaintiff is represented by Robert M. Morris of Morris & Adelman, in Bala Cynwyd.
Philadelphia County Court of Common Pleas case 170700407
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com