United States District Court, N.D. New York
EASTERN REGIONAL MEDICAL CENTER, INC., and CANCER TREATMENT CENTERS OF AMERICA PROFESSIONAL CORPORATION OF PENNSYLVANIA, P.C., Plaintiffs,
SALLY EVANCIEW, Defendant.
STRADLEY RONON STEVENS & YOUNG, LLP Attorneys for Plaintiff
H. BERNSTEIN, ESQ.
MEMORANDUM-DECISION AND ORDER
D'Agostino, U.S. District Judge:
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.
before the Court is Plaintiffs' motion for default
judgment. See Dkt. No. 9.
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
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.
to the Payment Agreement, Defendant and her husband agreed to
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. 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 ...