Submitted January 12, 2015
[Copyrighted Material Omitted]
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.[*]
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,
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. 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 ...