Philadelphia litigants violated care facility's payment agreement, suit alleges

By Nicholas Malfitano | Feb 26, 2018

PHILADELPHIA – A local elder care facility’s parent company in Maryland is pursing the recovery of damages it argues it is owed for services rendered, from a mother-son pair of Philadelphia plaintiffs.

Care Pavilion Nursing and Rehabilitation Center PA, L.P. of Timonium, Md. filed suit in the Philadelphia County Court of Common Pleas on Feb. 15 versus Blanch Overton and Roosevelt Overton, both of Philadelphia.

Per the litigation, the plaintiff operates a residential nursing and rehabilitation facility in West Philadelphia, at 6212 Walnut Street. From and after Jan. 13, 2017 through May 31, 2017, Care Pavilion delivered to Blanch Overton professional, residential, nursing and rehabilitation services pursuant to a written admission agreement.

“Blanch Overton breached the contract by failing to pay the balance due of $4,071.26 to Care Pavilion, despite demand. As a result of Blanch Overton’s breach, Care Pavilion has been damaged in the amount of $4,071.26, plus interest at the contract rate of 18 percent per year from and after June 10, 2017. Care Pavilion is entitled to an award of attorney’s fees pursuant to contract, according to proof,” the suit states.

In addition, the suit levies a charge of filial responsibility against Roosevelt Overton, the son of Blanch.

“Care Pavilion is informed and believes and thereon alleges that at all relevant times Blanch Overton was indigent and that Roosevelt Overton is Blanch Overton’s son. Care Pavilion is informed and believes and thereon alleges that pursuant to the Pennsylvania Filial Responsibility Law, at all relevant times Roosevelt Overton had sufficient financial ability to support Blanch Overton. Roosevelt Overton has failed to pay the balance due, despite demand,” the suit continues.

For counts of breach of contract and quasi-contract, the plaintiff is seeking damages from defendant Blanch Overton of $4,071.26, plus interest at the contract rate of 18 percent per year from and after June 10, 2017, attorney’s fees and costs. For a count of filial responsibility, the plaintiff is seeking damages from defendant Roosevelt Overton of $4,071.26, plus interest at the rate of 18 percent from and after June 10, 2017 or six times Roosevelt Overton’s average monthly income during a 12-month period to be determined by the Court, whichever is less, and costs.

The plaintiff is represented by Robert M. Morris of Morris & Adelman, in Bala Cynwyd

Philadelphia County Court of Common Pleas case 180201335

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

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