PHILADELPHIA – A local elder care facility believes a lawsuit’s defendant, one of its former residents, and his legal representatives have foregone compensating it for the costs of the care he received at the facility during a near six-week stay last year.

Fairmont Long Term Care (doing business as “Philadelphia Nursing Home”) of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Sept. 5 versus Howard Bender, also of Philadelphia (but whose legal and financial responsible parties are his sister and brother-in-law Irma and Stephen Sarisohn, of Commack, N.Y.).

Per the complaint, Bender was admitted into the plaintiff’s facility on March 9, 2016 and was a resident there for nearly six weeks, until April 21, 2016. At that time, Bender was discharged to reside in an apartment complex located near Logan Square in Philadelphia, the lawsuit says.

According to the litigation, the defendant and/or his responsible representatives failed to pay for the room, board and services of his elder care during his stay at the plaintiff’s facility, totaling $21,097.85 in costs.

For counts of breach of contract, breach of implied contract and unjust enrichment (quantum meruit), the plaintiff is seeking damages of $21,097.85, plus attorney’s fees, costs and interest dating back from April 21, 2016 and such other relief as the Court deems equitable and just.

The plaintiff is represented by Eric J. Bialas of Hynum Law, in Harrisburg.

Philadelphia County Court of Common Pleas case 170900087

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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Philadelphia County Court of Common Pleas

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