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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 616 September Term, 1998

GENESIS HEALTH VENTURES, INC.

v.

JONATHAN MULLER PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT GUSTAV MULLER

Davis, Hollander, Smith, Marvin H., (retired, specially assigned), JJ.

Opinion by Davis, J.

Filed: January 29, 1999

Appellant, Genesis Health Ventures, Incorporated, obtained an affidavit judgment for $18,343.26 in the District Court for

Montgomery County on March 21, 1997 against Robert Gustav Muller. The judgment was the result of Muller's failure to pay appellant for services provided to his wife at appellant's nursing home facility. After Muller's death on April 12, 1997, appellant filed

a claim with the Register of Wills for Montgomery County against appellee, the Estate of Robert Gustav Muller, for $18,343.26. Appellee neither paid the claim nor filed a Notice of Disallowance to the claim. On September 23, 1997, appellant filed a petition with the Register of Wills for allowance of the full amount of the claim and appellee filed a response on November 7, 1997. The Circuit Court

for Montgomery County, wherein the judge sat as the Orphans' Court, held a hearing on December 19, 1997 concerning appellant's Petition for Allowance. Following the hearing, the court considered

memoranda submitted by the parties and, on February 25, 1998, issued an order and opinion denying appellant's claim. Appellant

timely filed notice of appeal on March 25, 1998 and presents two questions for our review that we restate as follows: I. Was the denial of appellant's Petition for Allowance of a claim within the jurisdiction of the Orphans' Court? Did the Orphans' Court err by not giving res judicata effect to the district court's affidavit judgment and denying appellant's claim? the first question in the negative, for thereby further

II.

We

answer the

reversing

court's

judgment

and

remanding

- 2 proceedings consistent with this opinion. Consequently, we decline

to discuss appellant's second question presented.

FACTS
On or about September 22, 1994, appellant's nursing home facility, Layhill Center, admitted Robert Gustav Muller's wife, Mary A. Gill, as a resident. signed two documents, both of At the time of admission, Muller which were countersigned by a

facility representative. agreed to long-term care

First, as his wife's "sponsor," Muller by signing the "Maryland Admission

Agreement."

Additionally, Muller initialed and signed a twelve-

paragraph document that acknowledged his rights and obligations as the sponsor. Gill spent approximately one year at the nursing home

before her death in 1995. Following Gill's death, appellant was unsuccessful in

collecting the $15,744.33 of debt incurred during her period of residence. Appellant filed suit, including an affidavit and

supporting documentation, against Muller in the district court for the services provided and attorney's fees, which together totaled $18,343.26. Muller, however, failed to appear or otherwise defend Because of Muller's

himself at the February 26, 1997 trial.

absence from the trial, appellant moved for an affidavit judgment that the district court granted on March 21, 1997. On April 12, 1997, Muller died and, on April 23, 1997, appellant filed a claim with the Register of Wills for Montgomery

- 3 County against appellee in the amount of $18,343.26. Appellee did

not file a Notice of Disallowance in response to appellant's claim. After failing to obtain payment, appellant filed a Petition for Allowance on September 23, 1997 to which appellee responded on November 7, 1997.1 The Register of Wills set a hearing on the

petition for December 19, 1997 in the Circuit Court for Montgomery County, the judge sitting as the Orphans' Court. After oral

arguments, the lower court considered legal memoranda submitted by the parties and, on February 25, 1998, issued an order and opinion denying appellant's claim. this Court. Appellant timely noted an appeal to

DISCUSSION
Appellant asserts that the denial of its Petition for

Allowance was not within the jurisdiction of the Orphans' Court. Before addressing the merits of appellant's jurisdictional

contention, we shall explain briefly the procedural principles concerning orphans' courts. A judge of the Circuit Court for

Montgomery County, pursuant to a constitutional grant of authority, may sit as an Orphans' Court. See MD. CONST. art IV,

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