Health Care & Retirement Corp. of America v. Pettas
46 A.3d 719
Pa.2012Background
- Appellant Pittas’ mother was in an HCR skilled-nursing facility from Sept. 24, 2007, to Mar. 2008 after a car accident rehabilitation.
- In Mar. 2008 the mother moved to Greece and stopped receiving HCR care there.
- Many bills for the mother’s care remained unpaid, leading HCR to file a filial-support action on May 12, 2008 under 23 Pa.C.S.A. § 4603.
- Arbitration ruled for Pittas; the trial court conducted a three-day non-jury trial and awarded HCR $92,943.41.
- Pittas challenged three issues on appeal, focusing on burden of proof, consideration of other income sources, and indigence evidence.
- The appellate court affirmed the judgment, holding HCR bore the burden to prove Pittas’ financial ability, HCR’s evidence supported the finding of ability, and the mother was indigent based on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by placing Pittas’s burden to prove inability to support his indigent mother | Pittas argues the statute places the burden on HCR to prove his ability to pay | HCR contends the statute places the burden on movant to prove the liable party’s financial ability | Risk: burden on movant; court held HCR bore and met the burden; issue denied |
| Whether the trial court was required to consider alternative income sources before finding liability | Pittas says court must examine other income sources (husband, siblings, medical assistance appeal) | Statute does not require considering other income or staying during medical-assistance appeal | Court held no such requirement; issue meritless |
| Whether the trial court erred in finding Pittas’s mother indigent | Pittas contends evidence was insufficient to show indigence | HCR argues bank statements and income show indigence; no additional evidence needed | Court upheld indigence finding under common-law standard; evidence adequate |
Key Cases Cited
- Savoy v. Savoy, 483 Pa.Super. 549 (Pa.Super. 1994) (indigent defined as lacking means to pay for care; not necessarily completely destitute)
- Verna v. Verna, 288 Pa.Super. 511 (Pa.Super. 1981) (elaborates indigence standard within common law)
- Wyatt Inc. v. Citizens Bank of Pennsylvania, 976 A.2d 557 (Pa.Super. 2009) (appellate review of non-jury trial findings and evidence credibility; standard of review)
- Ty-Button Tie, Inc. v. Kincel & Co., Ltd., 814 A.2d 685 (Pa.Super. 2002) (credibility determinations are for the fact-finder; new trial not warranted for conflicting evidence)