Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Health Care & Retirement v. John Pittas

May 7, 2012

HEALTH CARE & RETIREMENT CORPORATION OF AMERICA, D/B/A/ LIBERTY NURSING & REHABILITATION CENTER, APPELLEE
v.
JOHN PITTAS, INCORRECTLY IDENTIFIED AS JOHN PETTAS, APPELLANT



Appeal from the Judgment Entered on April 13, 2011 In the Court of Common Pleas of Lehigh County Civil Division at No(s): 2008-C-2344.

The opinion of the court was delivered by: Olson, J.

J-A36025-11

BEFORE: FORD ELLIOTT, P.J.E., BOWES and OLSON, JJ.

OPINION BY OLSON, J.:

Appellant, John Pittas, appeals from the judgment entered April 13, 2011, in favor of Appellee, Health Care and Retirement Corporation of America ("HCR"). We affirm.

The record reflects the relevant factual and procedural background of this matter as follows:

On or about September 24, 2007, after completing rehabilitation for injuries sustained in a car accident, Appellant's mother was transferred to an HCR facility for skilled nursing care and treatment. Appellant's mother resided in the facility and was treated by HCR until March of 2008. In March of 2008 Appellant's mother withdrew from the HCR facility and relocated to Greece.

A large portion of the bills incurred by Appellant's mother due and owing to HCR went unpaid. As a result, on or about May 12, 2008, HCR instituted a filial support action against Appellant. Pursuant to 23 Pa.C.S.A. § 4603, entitled "Relatives' liability," HCR sought to hold Appellant liable for the outstanding debt incurred as a result of his mother's treatment and care.

The parties submitted the case to arbitration, whereupon a threemember arbitration panel found in favor of Appellant. HCR appealed the arbitration award to the trial court. The trial court held a three-day non-jury trial, after which it entered a verdict in favor of HCR in the amount of $92,943.41. Appellant filed post-trial motions, which the trial court denied on January 13, 2011. This timely appeal followed.*fn1

Appellant presents three issues on appeal:

Did the trial court commit reversible error or abuse its discretion in determining the burden of proof was on the [Appellant] to prove his inability to support his "indigent" mother?

Did the trial court commit reversible error or abuse its discretion in not considering alternate sources of income to satisfy the alleged support obligation?

Did the trial court commit reversible error or abuse its discretion in deciding [Appellant's mother] was indigent, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.