Matter of expenses from deceased former resident of nursing results in default judgment

By Nicholas Malfitano | May 21, 2018

PHILADELPHIA – A default judgment has been issued in a legal action involving a Philadelphia nursing home and the family of a deceased former resident of that same home, who allegedly left expenses associated with the decedent’s care unpaid.

PHILADELPHIA – A default judgment has been issued in a legal action involving a Philadelphia nursing home and the family of a deceased former resident of that same home, who allegedly left expenses associated with the decedent’s care unpaid.

Per a praecipe for entry of default judgment filed by plaintiff counsel Robert M. Morris on Jan. 26, it said that defendants Milton T. Ferrell and Mary Ferrell failed to file an answer to the instant suit in the legally-required time period – and that they were liable for payment of costs totaling $5,166.01.

Cheltenham Nursing & Rehabilitation Center PA, L.P. (doing business as York Nursing & Rehabilitation Center) of Philadelphia first filed suit in the Philadelphia County Court of Common Pleas on July 7, 2017 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 said.

“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 continued.

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 maintained it was financially damaged when the defendants failed to turn over the decedent’s pension checks and converted it.

The suit accused the defendants of not using their “sufficient” financial ability to support Vergie.

Before the issuance of the default judgment and 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.

The defendants did not secure legal counsel, per the case’s docket.

Philadelphia County Court of Common Pleas case 170700407

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

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