Gorden v. Cutler
| Decision Date | 30 December 1983 |
| Citation | 324 Pa.Super. 35,471 A.2d 449 |
| Parties | , 43 A.L.R.4th 917 John P. GORDEN and Kathleen Gorden, Appellants, v. Andrew CUTLER and Catherine Day Cutler. |
| Court | Pennsylvania Superior Court |
Edward J. Gilson, Philadelphia, for appellants.
Andrew Cutler, Philadelphia, appellee, in pro. per.
Before ROWLEY, POPOVICH and MONTGOMERY, JJ.
This is an appeal from an Order of the Court of Common Pleas of Philadelphia County (per Judge Samuel H. Rosenberg) "dismiss[ing]" appellants' (John and Kathleen Gorden's) "Petition For Reimbursement of Lying-In Expenses." We reverse and note at the outset that this is a case of first impression.
The facts are as follows: In November of 1980, appellants retained counsel to assist them in a prospective adoption. Counsel was given the name of a doctor who, upon inquiry, asked him to contact a Miss Day. Counsel did so and was told by Miss Day that she was pregnant, that she was primarily interested in seeing that her child be adopted by Roman Catholics "and also someone to pay the lying-in expenses." (N.T. 4)
Counsel, after securing the necessary information as to cost and the consent of his clients, phoned Miss Day that appellants "would pay the bills." Id. This was confirmed in a letter to Miss Day dated January 8, 1981, which estimated the doctor's, hospital's and pediatrician's bill to total approximately $2,850.
The natural father (Andrew Cutler) and mother were informed on numerous occasions by counsel "that if [Miss Day] wanted to change her mind she could do it; but that if [appellants] paid the expenses [they] wanted [Andrew Cutler and Miss Day] to sign a contract to adopt." (N.T. 6-7) In other words, the appellants were willing to pay the medical expenses "on the condition" that the natural parents executed a consent to adopt agreement. After the natural parents acknowledged that they understood the terms (payment of medical expenses and raising the child a Catholic) an adoption agreement was signed "and then [counsel] paid the bill[s.]" (N.T. 7)
After the child was turned over to the appellants, but before the adoption papers could be filed, a Petition For Writ of Habeas Corpus was filed by the natural parents seeking the return of their baby boy. A hearing was held pursuant to the Writ and the less-than-4-month-old infant was returned to the natural parents. However, no provisions were made in regard to the payment of the bills. Thereafter, the Petition under consideration here was filed by the appellants, wherein they alleged:
10. That relying upon the[ ] properly executed Consents by the natural parents, the petitioners herein, John P. Gorden and Kathleen F. Gorden, paid all the medical expenses arising from the birth of Baby Boy Day, and that these expenses then totalled $2,625.00. On May 20, 1981, the intermediary, Edward J. Gilson, Esquire, delivered the child Baby Boy Day to the petitioners herein. That on June 10, 1981, subsequent to the birth of Baby Boy Day an additional bill was received by his natural mother, which was sent to petitioners' attorney and also paid by the petitioners. This was in the amount of $151.84.
11. That pursuant to this agreement, the Petitioners paid the following bills associated with the natural mother's pregnancy, delivery, and care of the child after placement:
Frankford Hospital $1,700.00
Frankford Hospital 151.84
Charles I. Hoffmeier, M.D. 925.00
Dr. Malkin, Pediatrician 64.00
Prescription, child's ear 5.00
Frankford Hospital, Outpatient
blood work 180.00
---------------
$3,025.00 (sic)
A copy of these bills is attached hereto, made part hereof, and marked Exhibit "C".
12. ...
13. That six weeks after the birth of Baby Boy Day, the natural parents advised that they had changed their minds and on July 20, 1981, a Petition for Writ of Habeas Corpus on behalf of the natural parents was filed and a Writ of Habeas Corpus issued and was served on petitioners' attorney on September 1, 1981. A Hearing was held on September 17, 1981, and a Decree was issued awarding custody to the natural parents, now known in marriage as Andrew Cutler and Catherine Day Cutler, his wife, per Rosenberg, J.
14. That pursuant to said Decree, the child Baby Boy Day was returned to the custody of his natural parents on September 22, 1981, by the petitioners' attorney.
15. That no provision for reimbursement of the moneys paid by the petitioners was made at the Hearing of the Writ of Habeas Corpus despite the objections of petitioners' counsel and the filing of a Petition for Involuntary Termination which also requested reimbursement as special relief. That counsel requested that these matters be consolidated, but the Court refused.
16. That to date petitioners have expended over $3,000.00, relying upon the Consents and Agreements of Catherine Day Cutler and Andrew Cutler. That although the said Cutlers have changed their minds, they have made no offer to reimburse petitioners' request. Accordingly, petitioners filed this Petition.
WHEREFORE, your petitioners pray this Honorable Court enter a Decree directing Respondents Andrew Cutler and Catherine Day Cutler, his wife, to reimburse petitioners, John P. Gorden and Kathleen F. Gorden, his wife, for the medical expenses of Catherine Day Cutler and Baby Boy Day which were paid by Petitioners.
At the March 3, 1982 hearing to consider appellants' Petition for reimbursement, counsel for appellants testified that the payments of $1,700 and $151.84 were for Miss Day's medication and treatment in the hospital from 5/16/81 to 5/20/81. The obstetrician received $925, which included services for an ultrasound test performed on Miss Day prior to the birth, the delivery, pre-natal care, blood work and circumcision. (N.T. 9) The $64 was paid to a pediatrician during "the term that [the appellants] had custody of the child" and the $5 was for a prescription to treat the child's ear. Ibid. As for the $180 received by Frankford Hospital for outpatient blood work, counsel explained it as the cost incurred to operate on the child (circumcision) after he had been given to the appellants--4 days after the birth the natural parents turned their child over to the appellants. (See Appellees' "Petition For Writ of Habeas Corpus," Point 4) In particular, counsel for appellants testified:
As to the outpatient work at the Frankford Hospital, the reason for that was that the child was a male and the child had to be circumcised.
And because circumcision is considered an operation, they [appellants] did not want to disturb Miss Day further while she was in the hospital; she would had to have consented to that. They waited until the child was released from the hospital.
The child was subsequently brought back to the hospital. The circumcision was done at that time, and on the doctor's bill is the charge for the circumcision. And their [appellants'] insurance company paid $180 for the hospitalization. (N.T. 10)
Upon inquiry from the court, the natural parents did not dispute any of the evidence testified to by appellants' counsel. Appellant-Gorden then remarked that he had yet to receive any repayment. In response, the natural father stated that he "made an offer to the Gordens or to [Gorden's counsel] through [his] attorney to try and pay back the medical bills, and this was rejected." (N.T. 13) He felt that he had a "moral obligation" to pay back the appellants. However, he just did not have the lump sum amount to "hand over to these people." (N.T. 14) The hearing came to an end after Mr. Gorden disputed the natural father's claim that an arrangement was sought by which the medical expenses would be paid.
Following the hearing, the court entered an Order, accompanied thereafter by an Opinion, denying the appellants' Petition. This appeal followed.
Simply stated, appellants want reimbursement for the lying-in expenses paid by them, in accordance with an adoption agreement breached by the natural parents, for the birth of Baby Boy Day to Catherine Day-Cutler.
The issue posed has yet to be decided in this Commonwealth, as is evidenced by the absence of any case or statutory citation on the part of the lower court or the appellants in support of their respective positions. The natural parents-appellees filed no brief.
In an Opinion filed by the lower court dated May 21, 1981, the judge, in denying appellants' Petition, wrote:
We agree that ... a moral obligation may exist here, and that it would be appropriate for the Cutlers to pay the requested sum to the Gordens. However, the Court lacked authority to order such payments as a matter of law ....
* * *
* * *
The necessary corollary to petitioners' present position would be that payment of medical bills, pursuant to this type of contract, would entitle the payors to custody of the child. Such a result could never be countenanced by our courts ... [for] enforcement will be denied where the object of the contract is contrary to public policy. See generally, Central Dauphin School District vs. American Casualty Co., 426 A.2d 94, 96 (1981).
* * *
* * *
In actuality, it would seem that petitioners were mere volunteers when they made their payment for Mrs. Cutler's expenses. However, it is unnecessary for us to even reach the issue of whether a contract existed, for the Court is without jurisdiction in the matter. The Family Court does not decide issues sounding in assumpsit. Since we have no doubt that assumpsit could be the only conceivable vehicle for this type of claim, the Petition was properly denied on jurisdictional grounds alone. (Emphasis added)
Our review of the relevant case law undermines not only the result reached by the court below (Order "dismiss[ing]" the cause of action), but we take issue with its jurisdictional determination...
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