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HomeMy WebLinkAbout11-2990HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVAW IA^?> V. NO.2011- Civ t 4 ---n ANNIE BRATCHER and o ? RANDALL LOVE, Defendants -` APPLICATION TO CONFIRM ARBITRATION AWARD NOW, comes HCR ManorCare, Inc., Plaintiff, by and through its attorneys, BARIC SCHERER, and files the within Application to Confirm Arbitration Award and, in support thereof, sets forth the following: 1. The parties to this matter were bound by a certain Arbitration and Limitation of Liability Agreement, a true and correct copy of which is attached hereto as Exhibit "A" and is incorporated by reference. 2. A dispute arose amongst the parties and HCR ManorCare sought arbitration of the dispute under the terms of the Arbitration and Limitation of Liability Agreement. 3. Arbitration was held before John Mangan, Esquire, Jacqueline Verney, Esquire and Linda Clotfelter, Esquire after their appointment as arbitrators. 4. Bradley L. Griffie, Esquire as arbitration administrator, served the Defendants with notice of the arbitration hearing. Proof of said service is attached hereto as Exhibit "B" and is incorporated by reference. 5. The arbitrators have rendered an Arbitrators' Decision and Award in this matter a true and correct copy of which is a ached hereto as Exhibit "C" and is incorporated by reference. 1, 9 D, do ctli-1,7 s15 6. Pursuant to 42 Pa.C.S.A. §7313, a party to an arbitration may make application to the Court of Common Pleas for confirmation of the award by the Court. 7. Pursuant to 42 Pa.C.S.A. §7316, upon confirmation of the award, a judgment or decree shall be entered in conformity with the order. 8. Copies of the Arbitrators' Award was mailed to all of the parties on January 28, 2011. 9. No request for modification or correction of the award has been filed by the Defendants to the date of this application. WHEREFORE, Applicant requests that the award of the arbitration administrator be confirmed and judgment be entered in conformance therewith. Respectfully submitted, BARIC SCHERER A60? /1" I'll, I /I , David A. Baric, Esquire I.D.# 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for HCR ManorCare, Inc. VOLU TARY AGRE MENT; If you do not accept this Agreement, the patient will still be allowed to live in, and receive services in, this Center. ARBITRATION AGREEMENT ("AGREEMENT") By ACCEPTING TINS AGREE. ENT, THE PARTIES ARE WAIVING THEIR RIGHT TO A TRIAL BEFORE A IUDGE AND/OR A JURY OF ANY DISPUTE BETWEEN THEM. PLEASE READ TINS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BEFORE ACCEPTING ITS TERMS. This Agreement made oil ?!._ (date) by and between the Parties, Patient rand/or Patient's Legal Representative (collectively referred to as °°pa- and the Center , tL is an Agreement intended to require that Disputes be resolved by arbitration. The Patient's l,egiii Representative agrees that he is signing this Agt oement as a Party, both in his representative and individual capacity. A. WHAT IS AR>QITRATIQN?: Arbitration is a cost. effective and time saving method of resolving disputes without involving the courts. In using arbitration, the disputes are heard and decided by a private individual called an arbitrator. The dispute will not be heard or decided by a judge or jury. S. AGREEMENT O ARBITRATE "VISPUTTz? Any and all clahns or controversies arising out of or in an), luny relating to this Agreement, the AdrnAssion Agreement or any of the Patient's stays at this Center, or a , Center operated by any subsidiary of HCR-Manor Care, hic., whether or not related to medical malpractice, including but not Waited to disputes regarding the malcing, execution, validity, enforceability, voidability, urtconscionability, severability, scope, interpretation. preemption, waiver, or any other defense to enforceabiliy of this Agreement or the Admission Agreement, whether arising out of State or Federal law, whether existing now or arising in the fiiture, whether for statutory, compensatory or punitive damages and whether sounding in breach of contract, tort or breach of statutory duties (including, without limitation except as indicated, any claim based on Patients' Rights or a claim for unpaid Center charges), regardless of the basis for the duty or of the legal theories upon which the claim is asserted, shall be submitted to binding arbitration. Notwithstanding the above, nothing in this Agreement prevents the Patient from filing a grievance or complaint with the Center or appropriate governmental agency; from requesting an inspection of the Center front such agency, or from seeking review under any applicable federal, state or local law of any decision to involuntarily discharge or transfer the Patient h-om the Center. 1. Administrator: The arbitration shall be administered by National Arbitration Forum ("NAF'•), 6465 Wayzata Blvd., Suite 500, Minneapolis, MN 75426; wtiv?v_arbitration-fQmm.co'-A (hereinafter "Ad uinistaator"). If the Parties mutually agree in writing not to select NAF or if the NAF is unwilling or unable to serve as the Administrator, the Parties shall agree upon another independent entity to setve as the Administrator, runless the Parties mutually agree to not have an Administrator. 2. Dcakand for Arbitration shall be made in writing, sent co the other Party via certified mail, return receipt requested, and filed with NAF (unless N.AF is tautual..ly waived). 3. Arbitrations Panel: The arbitration shall be conducted by three (3) Arbitrators (the "Panel"). Each Party will select one Arbitrator. The two selected ;Arbitrators will select a third Arbitrator. Each Arbitrator must be a retired State or Federal Court Judge or a Nfemuer of the State Bar where the Center is located with at least 10 years of experience as an attorney, NAF approved Arbitrators do not have to be used. If one Party refuses to select its arbitrator within 30 days of a written request for same- then the Administrator shall select that Parry's Arbitrator. 4. Sole Decision Maker. The Arbitration Panel is empowered with the sole jurisdiction to, and shall, resolve all disputes, including without limitation, ai?y disputes about the snaking, validity, enforceability, scope, interpretation, voidability, unconscionability, preemptions, severability and/or waiver of this Agreement or the Admission Agreement, I EXHIBIT "A" alleged acts. If not cancelled, this Agreeent shall be binding on the Patient for this and all of the Patient's other admissions to the Center without any need or fiuther renewal. F. OTHER FAQVISIO SS: 1. No Caps/Limits on Damages: There are no caps/linnits on the amount of damages the Pastel can award other than those already imposed by law in the state in which this Center is located. All state laws, statutes and regulations that limit awardable damages and define the scope of admissible and hiadmissible evidence (i.e. regulatory surveys, incident reports, etc.) expressly apply to any arbitration hearing held pursuant to this Agreement. 2. Opportunity to Review & Right to Consult with .Attorney: The Patient (if competent) and the patient's Legal Representative aclanowledge that the Patient and Legal Representative have each received a copy of this Agreement, and have had ann opportunity to read it (or have it read to him/hcr) and ask questions about it before accepting it. Please read this Agreement very carefiilly and ask any questions that you have before signing it. Feel free to consult with an attorney of your choice before sighing this Agreement. 3. Henefits of Arbitration: The Parties' decision to select Arbitration is supported by the potential cost- effectiveness and time-savings offered by selecting arbitration, which seeks to avoid the expense and delay in the court system. The Parties recognize that often the Patient is elderly and may have a limited life-expectancy; and therefore selecting a quick method of resolution is potentially to a Patient's advantage. The Parties agree that the reasons stated above are proper consideration for the acceptance of the Agreement. 4. FAA: The Parties hereby agree and intend dial this Agreement, the Admission Agreement and the Patient's stays at the Center substantially involve interstate commerce, and stipulate that the Federal Arbitration Act ("FAA'') in effect as of November l; 2008 and federal case law interpreting such version of the FAA shall apply to this Agreement, shall preempt any inconsistent State law and shall not be reverse preempted by the McCarrau-Ferguson Act, United States Code Title 15, Chapter 20, or other law. Any amendment to such version of the FAA. is hereby expressly waived. 5. Binding on ;Parties & Others: The fatties intend that this .Arzreernent shall inure to the direct benefit of and bind the Center; its parent, affiliates, and subsidiary companies, management companies, executive directors, owners, officers, partners, shareholders, directors,, medical directors, employees, successors, assigns, agents, insurers and any entity or person (including health care providers) that provided any services, supplies or equipment related to the Patient's stay at the Center, and shall inijre to the direct benefit of and bind the Patient (as defined herein), his/her successors, spouses; children, next of kith, guardians, administrators, legal representatives, responsible patties, assigns, agents, attorneys, health care proxies, health care surrogates, third Party beneficiaries, insurers; heirs, trustees, survivors and representatives, including the personal representatives or executors of his/her estate, any person whose claim is derived through or on behalf of the Patient or relates in any way to the Patient's stay(s) at this Center, or any person who previously assumed responsibility for providing Patient with necessary services such as food, shelter, clothing, or medicine, and any person who executed this Agreement or the Admission Agreement. b. Fees and Costs: The Panels' fees acrd costs will be paid by the Center except in disputes over non-payment of Center charges wherein such fees and cots will be divided equally between the Parties. NAF's administrative fees shall be divided equally among the Parties. To the extent permitted by law, any Party who unsuccessfully challenges the enforcement of this Agreement shall l e required to pay the successful Parties' reasonable attorney fees and costs incurred to enforce such contract (i.e.; M tion to Compel Arbitration). The Parties shall bear their own attorney fees and costs in relation to all preparation and attendance at the arbitration hearing, runless the Panel concludes that the law provides otherwise. Except as stated hove, the Parties waive any right to recover attorneys' fees and costs. 7. Confidentiality: The arbitration p•oceedings shall remain confidential in all respects, including all filings, deposition transcripts, discovery, docu me ts, or other materials excbanged between the Parties and the Panels' award. In addition, following receipt of the Panel award, each Patty agrees to return to the producing Patty within 30 days the original and all copies of documents a changed in discovery and at the arbitration blearing. 8. Waiver of this Agreement: Either Party may file its dispute in a court of law if the other Party approves, which approval shall only be established by suich Party filing a response to the Complaint without moving in a timely manner, as prescribed by the applicable rules of court, to enforce this Agreement. However, should one of the Patties to this Binding Arbitration Agreement breach its terms by initiating a lawsuit in the judicial forum, the Parties expressly agree that participation in cooperative general discovery while a motion to compel arbitration is pending shall not constitute evidence of a waiver of the right to arbitrate. A waiver of the right to arbitrate a specific Dispute or series of Disputes, as described above, relbieves neither Party of the contractual obligation to arbitrate other Disputes. including both permissive and mandatory counterclaims, unless also subsequently valved. 9. Severability, Integration and Survivel: Any tetxrt, phrase or provision. contained in this Agreement is severable, and in the event any of them is found. to be void, invalid or unenforceable for any reason, this Agreement shall be interpreted as if such term; phrase or provision Nvere not contained herein, and the remaining provisions of this Agreement shall not be affected by suebq determination and shall remain in full force and effect. This Agreement represents the Parties' entire agreement re arding Disputes, supersedes any other agreement relating to disputes, and it may only be changed in writing signed by all Parties. This Agreement shall retrain in full force and effect notwithstanding the termination, cancellation. or natural expiration of the Admission Agreement. 10. No Jury Trial: If thLs Agreement is hound to be unenforceable and arbitration is not compelled, then as a default, the Parties agree that the disputes shall be, resolved solely by a.judge via a bench trial. Under no circumstances will a jury decide any dispute. 11. Health Care Decision: The Parties, hereby stipulate that the decision to have the Patient move into this Center and the decision to agree to this A.greemOnt are each a health care decision. The Parties stipulate that there are other health care facilities in this community currently available to meet the Patient's needs. 12. Legal Representative: The Patient's ;Legal Representative, by his or her signature below, hereby represents and stipulates that he/she has been authorized by the Patient ro sign this Agreement on behalf of the Patient_ BY SIGNING BELOW, THE PART S CONFIRM THAT EACH OF THEN,[ HAS READ ALL FOUR t41 PAGES OF THIS AGRE ENT A UNDERSTANDS THAT EACH HAS WAIVED THE RIGHT TO A TRIAL BEFORE A JUDGE OR J Y AND THAT F,ACH OF THEM CONSENTS TO ALI, OF THE TERMS OF THIS VOLUNTARY AG EEMENT. P, mfr, Printed. Naane (Date) Signature of Patient CENTE RE _ r Patient's Legal Representative hou Representative." -'- PATIENT ' E Q REPRESENT Printed a (Date) 7 AL i . re of Patient's Legal Representat' in his/her Representative apactty' Id sign on b Pub lines above containing the phrase "Patient's Legal Signature of Center Representative Signature of Patient's Legal Representative in his/her Individual capacity HCR MANORCARE, INC., Plaintiff vs. ANNIE BRATCHER and RANDALL LOVE, Defendants ARBITRATION PROCEEDING !AFFIDAVIT OF SERVICE AND NOW, this .??I day of March, 2011, comes Bradley L. Griffie, Esquire, and states that he mailed an Arbitration Panel Decision and Award to Defendant, Annie Bratcher, at her address of 1700 Market Street, Camp Hill, Pennsylvania, by regular mail, and to Defendant, Randall Bove, at his address of 232 North 15`h Street, Harrisburg, Pennsylvania, by certified mail. Certified mail to Randall Love was returned as unclaimed after three notices by the mail carrier and, therefore, notice was sent by regular mail on March 3, 2011. Sworn and subscribed to before me this j -"4 day of 2011. NOTARY(PUBLIC Br riffie, Esquire F ASSOCIATES & 2 North North Hanover Street Carlisle, PA 17013 (717) 243-5551 EXHIBIT "B" 0080 J'., SAUM Notary PubNC CARLISLE 60ROWN, CUMKRLANO E My Commission Exptros Apr 111, HCR MANORCARE, INC., Plaintiff vs. ANNIE BRATCHER and RANDALL LOVE, Defendants I. ARBITRATION PROCEEDING By correspondence of July 1, 2010, counsel for HCR ManorCare, Inc. (hereinafter "the facility") requested the services of Bradley L. Griffie, Esquire, to serve as Arbitration Administrator pursuant to the terms of an Arbitration Agreement executed by a representative of the facility' and by Randall Love (hereinafter "Legal Representative") as Legal Representative of patient, Annie Bratcher, (hereinafter referred to jointly as the "Patient"). The Arbitration Administrator gave notice of his willingness to serve in this capacity by correspondence dated July 14, 2010, further confirming that he had no interest in the facility nor knowledge of the parties in a manner that would cause the Arbitration Administrator to be unable to be independent. By correspondence dated July 26, 2010, the facility gave notice to the Arbitration Administrator of the facility's intended witnesses and exhibits, pursuant to the requirements of the Arbitration Agreement. By correspondence dated August 4, 2010, the facility named Attorney John Mangan as its Arbitrator. Upon failure of the Patient or Legal Representative to name an Arbitrator after notice and request, the Arbitration Administrator named Attorney Jacqueline Verney as the Patent's Arbitrator. Mr. Mangan and Ms. Verney selected Attorney Linda Clotfelter as the third Arbitrator for the panel. EXHIBIT "C" By correspondence an4 Notice of Hearing dated September 21, 2010, a hearing was scheduled in this matter do take place on January 10, 2011 to begin at 9:00 a.m. at 200 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. By subsequent correspondence, an Amended Nearing Notice (attached) dated November 23, 2010, was forwarded to counsel for the facility, to the Patient, to the Legal Representative, and to the Arbitrators at their respective addresses rescheduling the hearing to January 24, 2011 at 9:00 a.m. No additional requests for a continuance were received from either party or counsel. Appearing at the hearing before the Arbitration Panel on Monday, January 24, 2011, were Audrey Lubas, Business Office Representative of HCR ManorCare, Inc. and David A. Baric, Esquire for HCR ManorCare, Inc. II. FINDINGS OF FACT: 1. On September 1, 200% Annie Bratcher (hereinafter "Patient"), through her Legal Representative, Randall Love, executed an Admissions Agreement and an Arbitration Agreement associated with the Patient's admission to the facility located at 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania. 2. Paragraph 3.2 of the keferenced Admission Agreement provided confirmation from the Patient through her Legal Representative that she would pay the room and board rates to the facility, exclusive of expenses covered by insurance, Medicaid, Medicare, `Veteran's Administration payments, or related payments, on behalf of the Patienf. 3. Pursuant to paragraph! 3.2A of the said Admission Agreement, Patient agreed through her Legal R presentative that she would pay all charges that she incurred while at th4 facility located at 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania. 4. The Patient agreed through her Legal Representative that room and board charges in the amount ! of $209.00 per day would be charged for any period that the Patient was at the, facility at 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania. 5. The per diem rate was increased to $268.00 per day, after appropriate notice to the Patient and pursuant to the terms of the Admission Agreement. 6. Statements of charges were submitted to the Patient and the Legal Representative for the period from September 1, 2009 through and including the period covering February 28, 2011, for room and board services, cable charges, beauty shop charges snd related charges, that were billable on a private pay basis. 7. All appropriate insurance payments or applicable payments from Medicare or Medicaid have been applied to the outstanding bill of the Patient by the facility. 8. The facility billed the Patient directly and through her Legal Representative on a monthly basis for services provided to the Patient. 9. The facility provided monthly past-due notices to the Patient through her Legal Representative for fees due to the facility for services rendered which remained unpaid. 10. Neither the Patient, the Legal Representative, nor anyone on her behalf objected to the billings. 11. The Patient remains a esident at the facility. 12. All payments made tp the facility from all sources have been applied to the Patient's billing for services provided by the facility. 13. While some private payments have been received, an outstanding balance remains due for services provided to the Patient by the facility for which private payment is still due. 14. The total balance due for services provided to the Patient from admission on September 1, 2009 to the date of hearing is $3,315.98. 15. Pursuant to paragraphs 6 of the Arbitration Agreement executed between the parties, in a dispute over non-payment of facility charges the Panel's and Administration fees will be paid equally by the parties. 16. The dispute between the parties in this matter involved the non-payment of charges. 17. The facility made a fotmal Demand for Arbitration pursuant to the terms of the Arbitration Agreement upon the Patient and the Responsible Parry by correspondence May 1, 2010. 18. Proper notice of the tie and place of the hearing was provided to the facility, to the Patient and to the Legal Representative, pursuant to the terms of the Arbitration Agreement. 19. No request for a continuance, nor other contact, was made by the Patient nor the Legal Representative v ith the Arbitration Administrator, nor with any member of the Arbitration Panel prior to the hearing. 20. The hearing began at :18 a.m. on Monday, January 24, 2011 at 200 North Hanover Street, Carlisl , Cumberland County, Pennsylvania, after delaying the hearing 15 minutes from the original scheduled start time for the hearing of 9:00 a.m., to allow the P?tient or Patient's Legal Representative to appear or otherwise make contac? with the Arbitration Administrator. 21. The Arbitration Administrator is not aware of any efforts made by the Patient nor her Legal Representative to contact the Arbitration Administrator relative to their inability to attend the hearing. III. CONCLUSIONS OF LAIV: The Patient, Annie $ratcher, (hereinafter "Patient") through her Legal Representative, Randall Love, entered into the terms and conditions of the Admission Agreement and the Arbitration Agreement executed by the Patient's Legal Representative, with the facility, HCR ManorCare, Inc., on September 1, 2009. The contracts are binding and provides all appropriate notices pursuant to Pennsylvania law. The binding Arbitration Agreeipient provides that all claims and controversies between the facility and the Patient willl be resolved through application of the terms of the Arbitration Agreement. The Pa?ient has failed to meet her obligations under the terms of the Admission Agreement to coknpensate the facility for services provided to the Patient. Proper notice of services rendered and fees incurred was provided by the facility to the Patient pursuant to the terms of the Admission Agreement. The parties and legal counsel received proper notice of all proceedings under the Arbitration Agreement, including Notice of the hearing. ARBITRATORS' AWARD Pursuant to the finding set forth herein, Judgment is hereby entered against Annie Bratcher and Randall L ve, in favor of HCR ManorCare, Inc. in the amount of HCR MANORCARE, INC., Plaintiff VS. ANNIE BRATCHER and RANDALL LOVE, Defendants ARBITRATION PROCEEDING CtRTIFICATE OF SERVICE I, Bradley L. Griffie, squire hereby certify that I did, the day of January, 2011, cause a copy of the Arbitration Panel Decision and Award to be served upon the Plaintiff and Defendants by serving them by first class mail, postage prepaid, and certified mail, at the following i ddresses: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Annie Bratcher 1700 Market Street Camp Hill, PA 17011 DATE: lad (I Randall Love 232 North 15`h Street Harrisburg, PA 17103 Griffle, Esquire tRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor HCR ManorCare, Inc. vs. Randall Love (et al.) FILED-OFFICE LE THE PROTH10110TARY 2211 MAR 29 PM 1: 02 CUMBFRLANO CM,TY PEMIISYLVANHA Case Number 2011-2990 SHERIFF'S RETURN OF SERVICE 03/11/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Randall Love, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Application to Confirm Arbitration Award according to law. 03/21/2011 09:17 PM - Dauphin County Return: And now March 21, 2011 at 2117 hours I, John P. Durante, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Randall Love by making known unto himself personally, at 232 N. 15th Street, Harrisburg, Pennsylvania 17103 its contents and at the same time handing to him personally the said true and correct copy of the same. 03/24/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on March 24, 2011 at 1025 hours, he was unable to serve a true copy of the within Application to Confirm Arbitration Award, upon the within named defendant, to wit: Annie Bratcher. Deputies were advised, Annie Bratcher is currently residing in the Alzheimer's Unit and is not competent to accept service. Her Power of Attorney is Randall Love located at 232 N. 15th Street, Harrisburg, Pennsylvania. SHERIFF COST: $68.44 March 28, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Mtfirr- of the "i?11cri-fit William T. Tully Solicitor p Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin HCR MANORCARE INC. VS RANDALL LOVE Sheriff s Return No. 2011-T-1382 OTHER COUNTY NO. 20112990 And now: MARCH 21, 2011 at 9:17:00 AM served the within COMPLAINT upon RANDALL LOVE by personally handing to RANDALL LOVE 1 true attested copy of the original COMPLAINT and making known to him/her the contents thereof at 232 N 15TH STREET HBG PA 17103 Sworn and subscribed to before me this 24TH day of March, 2011 -)P*Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, klz?°lc- Sheriff of By Deputy: DARIN S SHERFEV Sheriffs Costs: $41.25 3/16/2011 HCR MANORCARE, INC., Plaintiff V. ANNIE BRATCHER and RANDALL LOVE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-2990 CIVIL TERM AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: c v? ? x c:"a r - o >0 ? O s? 3 ?t Sa C „? d t^a -I Q -< c- I certify that the attached correspondence dated March 15, 2011 was mailed to each Defendant via United States First Class mail along with a copy of the Rule dated March 14, 2011 and was not returned to me as undeliverable. l 4;(, ??' 41 David A. Baric, Esquire DATE: March 30, 2011 BARIC Attorneys-at-Law SCHERER David A. Baric Michael A. Scherer Tricia D. Naylor Bret P. Shaffer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 (717) 249-5755 - Fax dbaric@baricscherer.com March 15, 2011 Randall Love 232 North 15`h Street Harrisburg, Pennsylvania 17103 Arnie Bratcher 1700 Market Street Camp Hill, Pennsylvania 17011 RE: HCR ManorCare. Inc. v. Annie Bratcher and Randall Love No. 2011-2990 Civil Term Dear Ms. Bratcher and Mr. Love: Enclosed fmd a copy of the March 14, 2011 Rule signed in the above matter by Judge Ebert. Very truly yours, DAB/jl Enc. cc: File BARIC SCHERER /)? j ,a David A. Baric, Esquire dab.dir/manorcare/bratcher/bratcher&love.ltr HCR MANORCARE, INC., Plaintiff V. ANNIE BRATCHER and RANDALL LOVE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- 99 ID RULE AND NOW, this day of MOWN , 2011, upon consideration of the foregoing Application To Confirm Arbitration Award, it is hereby ordered that (1) a rule is issued upon the Defendants to show cause why the Plaintiff is not entitled to the relief requested; (2) the Defendants shall file an answer to the Application within -JA_ days of this date; (3) the Application shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within _110 days of this date; (5) argument shall be held on I r'1tE3,]b l , the day of - M"_ , 2011, at 8:,AQ a.m./pow. in Courtroom -I- of the Cumberland County Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the Plaintiff. BY THE COURT, J. 0 HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-2990 -y --- ANNIE BRATCHER and MW - ..J ? RANDALL LOVE r-- :te , _ Defendants= a ° c3 _ -a MOTION TO MAKE RULE ABSOLUTE S_; W AND NOW, comes Plaintiff, HCR ManorCare, Inc., by and through its attorneys, $anc Scherer, and files the within Motion to Make Rule Absolute and, in support thereof, sets forth the following: 1. Plaintiff filed an Application To Confirm Arbitration Award in this matter, a true and correct copy of said Application is attached hereto as Exhibit "A" and is incorporated. 2. By Rule dated March 14, 2011, the Honorable M.L. Ebert, Jr., directed the Defendants, to show cause why the Application should not be granted within twenty (20) days of service. A true and correct copy of the Rule is attached hereto as Exhibit "B" and is incorporated. 3. To April 14, 2011, no answer has been filed by the Defendants. WHEREFORE, Plaintiff requests confirmation of the arbitration award in this matter in the amount of $3,713.48 and a judgment entered of record in this matter. Respectfully submitted, C SR 1RI4 David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011- O ANNIE BRATCHER and RANDALL LOVE, Defendants RULE AND NOW, this day of , 2011, upon consideration of the foregoing Application To Confirm Arbitration Award, it is hereby ordered that (1) a rule is issued upon the Defendants to show cause why the Plaintiff is not entitled to the relief requested; (2) the Defendants shall file an answer to the Application within days of this date; (3) the Application shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within days of this date; (5) argument shall be held on , the day of 2011, at a.m./p.m. in Courtroom of the Cumberland County Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the Plaintiff. BY THE COURT. J. EXHIBIT "A" HCR MANORCARE, INC., Plaintiff V. ANNIE BRATCHER and RANDALL LOVE, Defendants APPLICATION TO CONFIRM ARBITRATION AWARD NOW, comes HCR ManorCare, Inc., Plaintiff, by and through its attorneys, BARIC SCHERER, and files the within Application to Confirm Arbitration Award and, in support thereof, sets forth the following: The parties to this matter were bound by a certain Arbitration and Limitation of Liability Agreement, a true and correct copy of which is attached hereto as Exhibit "A" and is incorporated by reference. 2. A dispute arose amongst the parties and HCR ManorCare sought arbitration of the dispute under the terms of the Arbitration and Limitation of Liability Agreement. 3. Arbitration was held before John Mangan, Esquire, Jacqueline Verney, Esquire and Linda Clotfelter, Esquire after their appointment as arbitrators. 4. Bradley L. Griffie, Esquire as arbitration administrator, served the Defendants with notice of the arbitration hearing. Proof of said service is attached hereto as Exhibit "B" and is incorporated by reference. 5. The arbitrators have rendered an Arbitrators' Decision and Award in this matter a true and correct copy of which is attached hereto as Exhibit "C" and is incorporated by reference. 6. Pursuant to 42 Pa.C.S.A. §7313, a party to an arbitration may make application to the Court of Common Pleas for confirmation of the award by the Court. 7. Pursuant to 42 Pa.C.S.A. §7316, upon confirmation of the award, a judgment or decree shall be entered in conformity with the order. 8. Copies of the Arbitrators' Award was mailed to all of the parties on January 28, 2011. 9. No request for modification or correction of the award has been filed by the Defendants to the date of this application. WHEREFORE, Applicant requests that the award of the arbitration administrator be confirmed and judgment be entered in conformance therewith. Respectfully submitted, BARIC SCHERER David A. Baric, Esquire I.D.# 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for HCR ManorCare, Inc. VOLU. TARP AGREEMIENT: If you do not accept this Agreement, the Patient will still be allowed to fire in, and receive services in, this Center. ARBITRA ION AGREEMENT ("AGREEMENT- BY ACCENTING THIS AGRE)CMENT, THE PARTIES ARE WAIVING THEIR RIGHT TO A TRIAL BEFORE A KDGE AND/OR A JURY OF ANY DISPUTE BETWEEN THEM, PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BEFORE ACCEPTING ITS TERMS. This Agreement made on Z l ._ (date) b)- and between the Parties, Patient _(?/ and/or Patient's Legal Representative d&> (collectively referred to as "Patient" ), and the Center is an Agreement intended to require that Disputes be resolved by arbitration. The Patient's Legal Representative agrees that he is signing this Agl•ooment as a Party, both in his representative and individual capacit}?- A. WHAT IS ARBITI2TI9K": Arbitration is a cost effective and time saving method of resolving disputes without involving the couxts. In using arbitration, the disputes are heard and decided by a private individual called an arbitrator. The dispute will not be heard or decided by a judge or jury. 8. AGREEMENT O AR.BI RATE "DISPUTE-K. Any and all clahns or controversies arising out of or in an'v way relating to this Agreement, the Admission Agree=tit or any of the Patient's stays at this Center, or any Center operated b , any subsidiary of MICR-Manor Care, Inc.; whether or riot related to medical malpractice, including but not limited to disputes regarding the making, execution, validity, enforceability, voidability, uticonscionahiltty, saverab.ility, scope; interpretation, preemption, waiver, or any other defense to enforceability of this Agreement or the Admission Agreement, whether arising out of State or Federal law, whether existing now or arising in the fiittue, whether for sta.tttory, compensatory or punitive damages and ,-whether sounduig in breach of contract, tort or, breach of statutory duties (utcluding, without limitation except as indicated, any claim based on Patients' Rights or a claim for unpaid Center charges), regardless of the basis for the duty or of the legal theories upon which the clairn is asserted, shall be submitted to binding arbitration. Notwithstanding the above; nothing in this Agreement prevents the Patient from filing a grievance or complaint with the Center or appropriate governmeuta.l agency; from requesting an in.pectioa of the Center from such agency; or from seeking review under any applicable federal, state or local late of any decision to involuntarily discharge or transfer the Patient 5-om the Center. 1. Administrator: The arbitration shall be administered by National Arbitration Forian ("NAF" ), 6465 Wayzata Blvd., Suite 500, Mirmeap0li5. MN 55426; wwy%w.arbitratiotr-l.Q1um.CVirr (hereinatler "Adrniaistra.tor" ). If the Parties mutually agree in writing not to select NAF or if the NAF is unwilling or unable to serve as the Administrator, the Parties shall agree upon another indepetident entity to serve as the Administrator, unless the Parties mutually agree to not have an Administrator, 2. Demand for Arbitration shall be made in writing; sent to the other Part}- via certified mail, return receipt requested, and filed with NAF (unless N.AF is tnutual.ly waived). 3. Arbitration Panel: The arbitration shall be conducted by three (3) Arbitrators (the "Panel"). Each Party will select one Arbitrator. The two seluuwd Arbitrators will select a third Arbitrator. Each Arbitrator must be a retired State or Federal Court Judge or a Member of the State Bar where the Center is located with at least 10 years of experience as an attorney. NAF approved Arbitrators do not have to be used. If one Patty refuses to select its arbitrator within 30 days of a written request for same, then the Administrator shall select that Party's Arbitrator. 4. Sole Decision Maker. The ,.lu-bitration Parcel is empowered with the sole jurisdiction to, and shall, resolve all disputes, including without limitation, any disputes about the nuking, validity, enforceability, scope, interpretation, voidability, unconscionability, preemption, severability and/or waiver of this Agreement or the Admission Agr.erneat, EXHIBIT "A" alleged acts. If not cancelled, this Agreement shall be binding on the Patient for this and all of the Patient's other admissions to the Center without any need for fiuther renewal. Y. OTBER PROVISIONS: 1. No Caps/L.itnits on Damages: There are no caps/limits on the amount of dantages the Pastel can award other than those already imposed by law in the state in which this Center is located. All state laws, statutes and regulations that limit awardable damages and defui.e the scope of admissible and inadmissible evidence (i.e. regulatory surveys. incident reports, etc.) expressly apply to any arbitration hearing held pursuant to this Agreement. Opportunity- to Review & Right to Consult with ,Attorney: The Patient (if competent) and the Patient's :Legal Representative acknowledge that the Patient and Legal Representative have each received a copy of this Agreement, and have had an oppott inity to read it (or have it read to hint/her) and ask questions about it before accepting it. Please read this Arreement very carefiilly and ask any questions that you have before sipiog it. Feel free to consult with an attorney of your choice before signing this Agreenwr)t. 3. Henefits of Arbitration: The Parties' decision to select Arbitration is supported by the potential cost. effectiveness and tune-savings offered by selecting arbitration. which seeks to avoid the expense and delay in the court system. The Parties recognize that often the Patient is elderly and may have a limited life-expectancy, and therefore selecting a quick method of resolution is potentially to a Patient's advantage. The Parties agree that the reasons stated about are proper consideration for the acceptance of the Agreement. . FAA: The Parties hereby agree and intend drat this Agreemcnt, the Admission Agreement and the Patient's stays at the Center substantially vivolve interstate commerce, and stipulate that the Federal Arbitration Act ("FAA") in effect as of November 1, 2003 a.nd federal case law interpreting such versiozz of the FAA shall apply to this Agreement, shall preempt ally inconsistent State law and shall not be reverse preempted by the McCarran-Ferguson Act. United States Code Title 15, Chapter 20, or other law. Any amendment to sucli version of the FAA is hereby expressly waived. 5. Binding on ;Parties & Others: The Parties intend that this Ag'eernent shrill inure to the direct benefit of and bind the Center; its parent, affiliates. and subsidiaty companies, management companies, executive directors, oNa+ners, officers, partners, shareholders, directors, medical directors, employees, successors, assigns, agents, insurers acid any entity or person (including health care providers) that provided any services, supplies or equipment related to the Patient's stay at the Center, and shall insure to the du•ect benefit of and bind the Patient (as defined herein), his/her successors, spouses; children. next of kin, guardians, administrators, legal representatives, responsible parties, assigns, agents, attorneys, health care proxies, health care surrogates, third Party beneficiaries, insurers; heirs, trustees, survivors and representatives, including the personal representatives or oxecutors of his/her estate, any person whose clab-a is derived throlmll or ors behalf of the Patient or relates to any way to the Patient's stay(s) at this Center, or any person who previously assumed responsibility for providing Patient with necessary services such as food, shelter, clothing, or medicine, and any person who executed this Agreement or the Admission Agreement. 6. Fees and Costs: The Pamels' fees and costs will be paid by the Center except di disputes over Lion-payment of Center charges wherein such fees and costs will be divided equally between the Parties. NAF's administrative fees shall be divided equally among the Parties. To the extent permitted by taw, any Party who unsuccessfitily c.ltal.lenges the enforcement of this Agreement shall be required to pay the successful Parties' reasonable attorney fees and costs moored to enforce such contract (i.e., Motion to Contpel Arbitratiorn). The Parties shall bear their own attorney fees and costs in relation to all preparation and attendance at the arbitration heating, unless the Panel concludes that the law provides otherwise. Except as stated above, the Parties waive any right to recover attorneys' fees and cost,,. 7. Confidentiality: The arbitration proceedings shall remain confidential in all respects, including all frlulgs, deposition. transcripts, discovery doctunnemts, or other materials excbanged between the Parties and the Panels' award. In addition, following receipt of the Panels' award, each Party agrees to return to the producing Party ?Athin 30 days the original and all copies of documents exchanged in discovery and at the arbitration Hearing. 8. Waiver of this Agreement: Either Party may file its dispute in a court of law if the other Party approves, which approval shall only be established by such Party filing a response to the Complaint without tnovuig in a timely manner, as prescribed by the applicable rules of court. to enforce this ,Agreement, however, should one of [he Parties to this Binding Arbitration Agreentrent breach its terms by initiatina, a lawsuit in the judicial fonrm, the Parties expressly agree that participation in cooperative general discovery -,vhile a motion to compel arbitration is pending shall not constitute evidence of a waiver of the right to arbitrate. A waiver of the right to arbitrate a specific Dispute of series of Disputes, as described above, relieves neither Party of the contractual obligation to arbitrate other Disputes, includine both permissive and mandatory counterclaims. unless also subsequently valved. 9. Severability, Integration and Survival: Any term, phrase or provision contained in this Agreement is severable, acrd in the event any of them is found. to be void, invalid or unenforceable for any reason; this A¢reentent shall be interpreted as if such term; phrase or provision were not contained herein, arid. the remaining provisions of this Agreement shall not be affected by such determination and shall remain in full force and effect. This Agreement represents the .Parties' entire agreement regarding Disputes, supersedes any other- agreement relating to disputes, and it may only be changed in writing signed by all Parties. This Agreement shall remain in full force and effect not i,idtstanding the termination, cancellation or natural expiration of the Admission Agreement. 10, No Jury Trial: If this Agreement is found to be unenforceable and arbitration is not compelled, then as a default, the Parties agree that the disputes shall be resolved solely by a judge via a bench trial. Under no circumstances will a .jury decide any dispute. 11. Health Care Decision: The Parties hereby stipulate that the decision to have the Patient move into this Center and the decision to agree to this Ar_ueentent are each a health care decision. The Parties :stipulate that there are other health care facilities in this community curTently available to meet the Patient's needs, 12. Legal Representative: The Patient's Legal Representative, by his or her signature below, hereby represents and stipulates that he/she has been authorized by the patient to sign this Agreement on behalf of the Patient. BY SIGNING BELOW, THE PARTIES CONFIRM THAT EACH OF THEM HAS READ ALL FMR (4) PAGES OF THIS AGREEMENT AND UNDERSTANDS THAT EACH HAS WAIVED THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY AND THAT EACH OF THEM CONSENTS TO ALL OF THE TERMS OF THIS VOLUNTARY AGREEMENT. e*1T E: P TIENT: PATIENT' EGAL REPRESENT ????.?>r???? Wit---- Printed. Name (Date) Printed e ? (Date) Slauaturc of Patient gn. xe of Patient's Legal Representat' in hinter Representative apacity _ CENTS ERE - ?? r Patient's Legal Representative should sign on 1>9-th line; above contamina dw pbxasc -`Patient's Lczal Representative." ?i Signature of Center Representative Signature of patietxt's Legal Representative in his/her Individual capacity HCR MANORCARE, INC., Plaintiff ARBITRATION PROCEEDING VS. : ANNIE BRATCHER and RANDALL LOVE, Defendants AFFIDAVIT OF SERVICE AND NOW, this 1!- day of March, 2011, comes Bradley L. Griffie, Esquire, and states that he mailed an Arbitration Panel Decision and Award to Defendant. Annie Bratcher, at her address of 1700 Market Street, Camp Hill, Pennsylvania, by regular mail, and to Defendant, Randall Love, at his address of 232 North 15th Street, Harrisburg, Pennsylvania, by certified mail. Certified mail to Randall Love was returned as unclaimed after three notices by the mail carrier and, therefore, notice was sent by regular mail on March 3, 2011. Br .kj,'Griffie, Esquire F,FIE & ASSOCIATES 20KNorth Hanover Street Carlisle, PA 17013 (717) 243-5551 Sworn and subscribed to before me this J day of IYL ;L&k , 2011. NOTARYTUBLIC EXHIBIT "B" ` RONH[ Jt. .t1' Notary Public CARLISLE BOROUGH, CUMBERLAND COUMV 201 My Commission Expires Apr J7, 1 ?. HCR MANORCARE, INC., : Plaintiff vs. ARBITRATION PROCEEDING ANNIE BRATCHER and RANDALL LOVE, Defendants ARBITRATION PANEL DECISION AND AWARD 1. PROCEDURAL HISTORY: By correspondence of July 1, 2010, counsel for HCR ManorCare, Inc. (hereinafter "the facility") requested the services of Bradley L. Griffie, Esquire, to serve as Arbitration Administrator pursuant to the terms of an Arbitration Agreement executed by a representative of the facility and by Randall Love (hereinafter "Legal Representative") as Legal Representative of patient, Annie Bratcher, (hereinafter referred to jointly as the "Patient"). The Arbitration Administrator gave notice of his willingness to serve in this capacity by correspondence dated July 14, 2010, further confirming that he had no interest in the facility nor knowledge of the parties in a manner that would cause the Arbitration Administrator to be unable to be independent. By correspondence dated July 26, 2010, the facility gave notice to the Arbitration Administrator of the facility's intended witnesses and exhibits, pursuant to the requirements of the Arbitration Agreement. By correspondence dated August 4, 2010, the facility named Attorney John Mangan as its Arbitrator. Upon failure of the Patient or Legal Representative to name an Arbitrator after notice and request, the Arbitration Administrator named Attorney Jacqueline Verney as the Patient's Arbitrator. Mr. Mangan and Ms. Verney selected Attorney Linda Clotfelter as the third Arbitrator for the panel. EXHIBIT "C" By correspondence and Notice of Hearing dated September 21, 2010, a hearing was scheduled in this matter to take place on January 10, 2011 to begin at 9:00 a.m. at 200 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. By subsequent correspondence, an Amended Hearing Notice (attached) dated November 23, 2010, was forwarded to counsel for the facility, to the Patient, to the Legal Representative, and to the Arbitrators at their respective addresses rescheduling the hearing to January 24, 2011 at 9:00 a.m. No additional requests for a continuance were received from either parry or counsel. Appearing at the hearing before the Arbitration Panel on Monday, January 24, 2011, were Audrey Lubas, Business Office Representative of HCR ManorCare, Inc. and David A. Baric, Esquire for HCR ManorCare, Inc. II. FINDINGS OF FACT: 1. On September 1, 2009, Annie Bratcher (hereinafter "Patient"), through her Legal Representative, Randall Love, executed an Admissions Agreement and an Arbitration Agreement associated with the Patient's admission to the facility located at 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania. 2. Paragraph 3.2 of the referenced Admission Agreement provided confirmation from the Patient through her Legal Representative that she would pay the room and board rates to the facility, exclusive of expenses covered by insurance, Medicaid, Medicare, Veteran's Administration payments, or related payments, on behalf of the Patient. 3. Pursuant to paragraph 3.2A of the said Admission Agreement, Patient agreed through her Legal Representative that she would pay all charges that she incurred while at the facility located at 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania. 4. The Patient agreed through her Legal Representative that room and board charges in the amount of $209.00 per day would be charged for any period that the Patient was at the facility at 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania. 5. The per diem rate was increased to $268.00 per day, after appropriate notice to the Patient and pursuant to the terms of the Admission Agreement. 6. Statements of charges were submitted to the Patient and the Legal Representative for the period from September 1, 2009 through and including the period covering February 28, 2011, for room and board services, cable charges, beauty shop charges and related charges, that were billable on a private pay basis. 7. All appropriate insurance payments or applicable payments from Medicare or Medicaid have been applied to the outstanding bill of the Patient by the facility. 8. The facility billed the Patient directly and through her Legal Representative on a monthly basis for services provided to the Patient. 9. The facility provided monthly past-due notices to the Patient through her Legal Representative for fees due to the facility for services rendered which remained unpaid. 10. Neither the Patient, the Legal Representative, nor anyone on her behalf objected to the billings. 11. The Patient remains a resident at the facility. 12. All payments made to the facility from all sources have been applied to the Patient's billing for services provided by the facility. 13. While some private payments have been received, an outstanding balance remains due for services provided to the Patient by the facility for which private payment is still due. 14. The total balance due for services provided to the Patient from admission on September 1, 2009 to the date of hearing is $3,315.98. 15. Pursuant to paragraph 6 of the Arbitration Agreement executed between the parties, in a dispute over non-payment of facility charges the Panel's and Administration fees will be paid equally by the parties. 16. The dispute between the parties in this matter involved the non-payment of charges. 17. The facility made a formal Demand for Arbitration pursuant to the terms of the Arbitration Agreement upon the Patient and the Responsible Party by correspondence May 19, 2010. 18. Proper notice of the time and place of the hearing was provided to the facility, to the Patient and to the Legal Representative, pursuant to the terms of the Arbitration Agreement. 19. No request for a continuance, nor other contact, was made by the Patient nor the Legal Representative with the Arbitration Administrator, nor with any member of the Arbitration Panel, prior to the hearing. 20. The hearing began at 9:18 a.m. on Monday, January 24, 2011 at 200 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, after delaying the hearing 15 minutes from the original scheduled start time for the hearing of 9:00 a.m., to allow the Patient or Patient's Legal Representative to appear or otherwise make contact with the Arbitration Administrator. 21, The Arbitration Administrator is not aware of any efforts made by the Patient nor her Legal Representative to contact the Arbitration Administrator relative to their inability to attend the hearing. III. CONCLUSIONS OF LAW: The Patient, Annie Bratcher, (hereinafter "Patient") through her Legal Representative, Randall Love, entered into the terms and conditions of the Admission Agreement and the Arbitration Agreement executed by the Patient's Legal Representative, with the facility, HCR ManorCare, Inc., on September 1, 2009. The contracts are binding and provides all appropriate notices pursuant to Pennsylvania law. The binding Arbitration Agreement provides that all claims and controversies between the facility and the Patient will be resolved through application of the terms of the Arbitration Agreement. The Patient has failed to meet her obligations under the terms of the Admission Agreement to compensate the facility for services provided to the Patient. Proper notice of services rendered and fees incurred was provided by the facility to the Patient pursuant to the terms of the Admission Agreement. The parties and legal counsel, received proper notice of all proceedings under the Arbitration Agreement, including, Notice of the hearing. ARBITRATORS' AWARD Pursuant to the findings set forth herein, Judgment is hereby entered against Annie Bratcher and Randall Love, in favor of HCR ManorCare, Inc. in the amount of $3,315.98. Administration fees for the Arbitration Administrator in the amount of $345.00 and Arbitrator's fees of $450.00 ($150.00 per Arbitrator) shall be divided equally between the parties such that HCR ManorCare, Inc. shall compensate the Arbitration Administrator for his fees and for compensation of the Arbitrators the sum of $397.50 and Annie Bratcher and Randall Love shall likely compensate the Arbitration Administrator for his fees and for compensation of the Arbitrators the sum of $397.50. In the event that HCR ManorCare, Inc. compensates the Arbitration Administrator in the full amount of fees and costs due, HCR ManorCare's Judgment is adjusted from the $3,315.98 amount set forth above to include the share of Arbitrator's fees and costs of Annie Bratcher and Randall Love in the amount of $397.50 for a total Judgment of $3,713.48. !Jacqu "ne VClotfelter, Esq ' e Griffie, Esquire Administrator HCR MANORCARE, INC., ; Plaintiff vs. ARBITRATION PROCEEDING ANNIE BRATCHER and RANDALL LOVE, ; Defendants CERTIFICATE OF SERVICE 7 I, Bradley L. Griffie, Esquire hereby certify that I did, the dday of January, 2011, cause a copy of the Arbitration Panel Decision and Award to be served upon the Plaintiff and Defendants by serving them by first class mail, postage prepaid, and certified mail, at the following addresses: DATE: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Annie Bratcher 1700 Market Street Camp Hill, PA 17011 Randall Love 232 North 15`h Street Harrisburg, PA 17103 Br L. Uritf b, Esquire iration Administrator ?C'rRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 K' T, Plaintiff ANNIE BRATCHEIR and RANDALL LOVE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011_ a°) t b RULE AND NOW, this -L4+` day of , 2011, upon consideration of the foregoing Application To Confirm Arbitration Award, it is hereby ordered that (1) a rule is issued upon the Defendants to show cause why the Plaintiff is not entitled to the relief requested; (2) the Defendants shall file an answer to the Application within '10 days of this date; (3) the Application shall be decided under Pa.R.C.P. No. 206.7; (4) depositions shall be completed within -JQ_ days of this date; (5) argument shall be held on , the /01 ?4 day of r -:13 0- 2011, at a.m./. in Courtroom of the Cumberland County -Mu Courthouse; and (6) notice of the entry of this order shall be provided to all parties by the Plaintiff. BY THE COURT, J. 1-13 -11 EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on April If , 2011, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of Motion To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Arnie Bratcher Randall Love 1700 Market Street 232 North 15th Street Camp Hill, Pennsylvania 17011 Harrisburg, Pennsylvania 17103 David A. Baric, Esquire HCR MANORCARE, INC., Plaintiff V. ANNIE BRATCHER and RANDALL LOVE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-2990 ORDER OF COURT Q?h AND NOW, this l day of NiA , 2011, upon review of the attached Motion To Make Rule Absolute, it is hereby ordered and decreed that Rule previously issued relative to this matter is absolute and the arbitration award is confirmed and a judgment in the amount of $3,713.48 is entered of record in this matter BY THE COURT, M.L. Ebert, Jr., J. ?cf c ^ i ? NAN 0'DP ? ? ? 14' ter" ? ?rn Annie Bnxieher, , deft olc6 r? Pc C ?' = cap z HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO 2011-2990 -' . . X-n ANNIE BRATCHER and RANDALL LOVE, -?3? o o Defendants o` r' :ZCD PRAECIPE TO ENTER JUDGMENT ON ORDER -0 TO THE PROTHONOTARY: Please enter judgment in the above-captioned matter pursuant to the Order Of Court signed by the Honorable M.L. Ebert, Jr. on April 19, 2011, entering judgment in favor of the Plaintiff in the amount of $3,713.48. Respectfully submitted, BMUC SCHE R r V David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 tq.oo ed a C k- 12 V?)ofi ' ? . HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-2990 ANNIE BRATCHER and RANDALL LOVE, Defendants ORDER OF COURT AND NOW, this day of Am; , 2011, upon review of the attached Motion To Make Rule Absolute, it is hereby ordered and decreed that Rule previously issued relative to this matter is absolute and the arbitration award is confirmed and a judgment in the amount of $3,713.48 is entered of record in this matter BY THE COURT, "'.11i.I J. M.L. Ebert, Jr., J. 1: T--? -.- Tea I %, 7 P- d CERTIFICATE OF SERVICE I hereby certify that on April 20, 2011, I, David A. Baric, Esquire of Baric Scherer, did serve a copy of the Praecipe Enter Judgment On Order, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Annie Bratcher Randall Love 1700 Market Street 232 North 15th Street Camp Hill, Pennsylvania 17011 Harrisburg, Pennsylvania 17103 ' J David A. Baric, Esquire