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Eastern Regional Medical Center, Inc. v. Evanciew

United States District Court, N.D. New York

January 31, 2017

EASTERN REGIONAL MEDICAL CENTER, INC., and CANCER TREATMENT CENTERS OF AMERICA PROFESSIONAL CORPORATION OF PENNSYLVANIA, P.C., Plaintiffs,
v.
SALLY EVANCIEW, Defendant.

          STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Plaintiff

          SCOTT H. BERNSTEIN, ESQ.

          MEMORANDUM-DECISION AND ORDER

          Mae A. D'Agostino, U.S. District Judge:

         I. INTRODUCTION

         On March 21, 2016, Plaintiffs commenced this diversity action alleging breach of contract, quantum meruit, and promissory estoppel. See Dkt. No. 1. Defendant was served with copies of the summons and complaint on March 29, 2016. See Dkt. No. 5. Upon Defendant's failure to file an answer, motion, or other responsive pleadings within twenty-one days from the date of service, Plaintiffs requested entry of default, which the Clerk of the Court entered on April 27, 2016. See Dkt. Nos. 6 & 7.

         Currently before the Court is Plaintiffs' motion for default judgment. See Dkt. No. 9.

         II. BACKGROUND

         Plaintiffs are corporations organized and incorporated pursuant to the laws of Pennsylvania, with their principal place of business at 1331 East Wyoming Avenue, Philadelphia, Pennsylvania 19124. See Dkt. No. 1 at ¶¶ 1 & 2. Defendant Sally Evanciew is a citizen of the state of New York, residing in Taberg, New York. See Id. at ¶ 3.

         From approximately August 2015 through October 2015, Defendant's husband, who is now deceased, sought medical treatment from Plaintiffs. See Id. at ¶ 6. In connection with this treatment, Plaintiffs entered into a Patient and Spouse Payment Agreement (the "Payment Agreement") with Defendant and her husband. See Id. at ¶¶ 7-8.

         Pursuant to the Payment Agreement, Defendant and her husband agreed to the following:

1. Payment of Charges. Patient and Spouse hereby each agree to be unconditionally and personally liable for payment for all services rendered Patient by Hospital and PCP.[1] Spouse hereby agrees to guaranty payment to Hospital and PCP of any and all amounts owed by Patient.
* * * * *
2. "Out-of-Network" Acknowledgment; Assignment of Benefits. . . . Patient hereby agrees to assign to ERMC and PCP any and all benefits payable under any health ...

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