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Green Acres Rehab. & Nursing Ctr. v. Sullivan

Superior Court of Pennsylvania

April 13, 2015

GREEN ACRES REHABILITATION AND NURSING CENTER
v.
HENRY SULLIVAN AND HENRIETTA SULLIVAN; APPEAL OF: HENRIETTA SULLIVAN

Submitted January 12, 2015

Page 1262

[Copyrighted Material Omitted]

Page 1263

Appeal from the Order of the Court of Common Pleas, Philadelphia County, Entered June 13, 2014, Civil Division No(s): 070301125. Before WRIGHT PADILLA, J.

Stanley A. Pelli, Philadelphia, for appellant.

Michael S. Simone, Collingwood, NJ, for appellee.

BEFORE: GANTMAN, P.J., STABILE, J., AND PLATT, J.[*]

OPINION

GANTMAN, JUDGE

Page 1264

Appellant, Henrietta Sullivan, appeals from the order entered in the Philadelphia County Court of Common Pleas, which denied her petition to strike a default judgment entered in favor of Appellee,

Page 1265

Green Acres Rehabilitation and Nursing Center (" Green Acres" ), in this breach of contract case. We affirm.

The relevant facts and procedural history of this appeal are as follows. Appellant's father, Henry Sullivan, became a resident at Green Acres on January 21, 2005.[1] Mr. Sullivan executed a power of attorney (" POA" ) agreement, designating Appellant as his agent, on April 28, 2005. On March 13, 2007, Green Acres filed a complaint against Mr. Sullivan and Appellant, seeking $114,497.13 in damages based on allegations that Mr. Sullivan had failed to pay for nursing home services provided by Green Acres. The complaint included counts of breach of contract, unjust enrichment, and quantum meruit against Mr. Sullivan and Appellant, and one count of breach of fiduciary duty against Appellant. In the following months, the complaint was reinstated several times to allow for service. With respect to Appellant, Green Acres served the complaint on September 22, 2007, at Appellant's residence on an adult relative who refused to give her name to the process server. Appellant did not file an answer.

On December 12, 2007, Green Acres sent to Appellant's address via certified mail a ten-day notice of intent to file a praecipe for entry of default ...


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