Nursing facility looking to recoup more than $100K in care costs from family of former patient

By Nicholas Malfitano | Dec 15, 2017

PITTSBURGH – A newly filed lawsuit claims a defendant owes more than $100,000 for long-term care provided to his deceased spouse by a Greensburg nursing facility.

PITTSBURGH – A newly filed lawsuit claims a defendant owes more than $100,000 for long-term care provided to his deceased spouse by a Greensburg nursing facility.

THI of Pennsylvania at Mountainview, LLC (doing business as “Mountainview Specialty Care Center”) of Greensburg filed suit in the Allegheny County Court of Common Pleas on Dec. 12 versus Anthony R. Petras of Jefferson Hills.

Per the litigation, Martha Jane Petras, the defendant’s spouse, had been a private pay resident of plaintiff’s skilled nursing facility from Feb. 9, 2016 to Oct. 21, 2016. On Feb. 4, 2016, Martha executed a Durable Power of Attorney, naming the defendant as her attorney-in-fact.

The suit adds on March 16, 2017, the defendant submitted a Medicaid Eligibility application for long-term care, supports and services on Martha’s behalf, for her skilled nursing care at plaintiff’s facility, which was denied.

On or about various dates, the lawsuit says the defendant unlawfully converted the funds and assets of Martha Jane Petras to his own use, including but not limited to the following accounts:

A. Croatian Fraternal Union of America IRA Acct. No. 902985

B. Croatian Fraternal Union of America Annuity Acct. No. 911134

C. Croatian Fraternal Union of America IRA CD No. 912615

D. TIAA Plan No. 102342

E. TIAA IRA Acct. No. 101709

“Defendant failed to use his own resources or the resources of Martha Jane Petras to pay for the skilled nursing care provided by plaintiff for Martha Jane Petras. Martha Jane Petras died June 20, 2017. The total outstanding balance owed to plaintiff is $101,147.05, together with any additional interest or other recoverable costs,” the suit states.

For counts of unjust enrichment, breach of statutory duty of support, violation of the Pennsylvania Uniform Fraudulent Transfers Act, breach of fiduciary duty and conversion, the plaintiff is seeking damages of $101,147.05, plus any additional interest and recoverable costs.

The plaintiff is represented by George A. Miller of Bromberg & Miller, in Pittsburgh.

Allegheny County Court of Common Pleas case GD-17-016970

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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