HomeMy WebLinkAbout11-4422HCR MANORCARE, INC.,
Plaintiff
V.
DAVID R. POWELL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.2011- ?y d oZ V `ft?M -0
rAPPLICATION 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.
n
rn
C-5?
;:
4!-rl
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.
$- 5)-&v /ot -q/
6k* (7?"?/ 6)
Q-K- j--r5 *3
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.
Copies of the Arbitrators' Award was mailed to all of the parties on April 27,
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
r
David A. Baric, Esquire
I.D.# 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for HCR ManorCare, Inc.
VOLUNTAR - AGREEMENT: 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 THIS AGREEMENT. THE PARTIES ARE WAIVING THEIR RIGHT TO A TRIAL
BEFORE A JUDGE 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 (date) by and between the Parties. Patient
pip . _ and/or Patients egal Representative _UjZ(4 (collectively referred to
as "Patient'), and the Cetrter &L1OeLiy r•<??%lL; is an Agreement intended to require that Disputes be
resolved by arbitration. The Patient's Legal Representative agrees that he is signing this Agreement as a Party, both in
his representative and individual capacity-.
A. WHAT IS ARBITRATION?: 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.
B. AGREEMENT TO ARBITRATE "DISPUTES": Any and all claims or controversies arising out of or in arty.,
wen, relating to this Agreement, the Admission Agreement or any of the Patient's stays at this center, or any Center
operated by any subsidiary of HCR-Manor Care; .Inc., whether or not related to medical malpractice, including but not
limited to dispures regarding the making, execution, validity, enforceability, voidability, unconscionability,
severability, scope, interpretation, preemption; waiver, or any other defense to enfmceabilityy of this Agreement or the
Admission Agreement, whether arising out of State or Federal law, whether existing now or arising in the future,
whether for statutory, conrpcaasatory or punitive damages and whether rounding 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. Not -vitltstinding the above, nothing in this Agreement prevents the Paticrat
from filing a grievance or complaint with the Center or appropaiate goverarnental agency; froltr recluestin3 an
inspection of the Center from such agency; or £Sorn seeking review under any applicable federal. state or local lave of
any decision to involuntarily discharge or transfer the Patient from the Center.
I. Administrator: The arbitration shall be administered by National Arbitration Fortin ("NA')) 6465 Wayzata
Blvd., Suite 500, Minneapolis, MN 55426; invw.arbitriq - am.e r (hereinafter "Administratot 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 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 Party via certified mail, return receipt
requested, and filed with NAl; (unless NAF is mutually waived).
3. Arbitration Panel: The arbitration shall be conducted by three (3) Arbitrators (the "Panel"). Eitch Party will
select one Arbitrator. The tvo selected 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 to years of
experience as an attorney. NAF approved Arbitrators do not have to be used. If one Para, refuses to select its
arbin•ator within 30 days of a written request for same, then the Administrator shalJ select that Party's Arbitratx.
4_ Sole Decision Maker-, The Arbitration Panel is empowered with the sole jurisdiction to, and shall, resolve all
disputes, including without limitation, any disputes about die making, validity, enforceability, scope; interpretation,
voidabiliry; ttnconscionability, preemption, severabitity and/'or waiver of this Agreement or the Admission Agreement,
EXHIBIT "A"
as well as resolve the Parties' underlying disputes, as it is the PardCS' intent to completely avoid involving the court
system. The Panel shall not have jurisdiction to certify any person as a representative of a class of persons and, by
doing so, adjudicate claims of persons not directly taking part in Arbitration.
5. Procedural Rules and Substantive Low: The Panel shall apply the Federal Rules of Evidence and Federal Rules
of Civil Procedure except where otherwise stated in this Agreement. Also, the Pancl shall apply, and the arbitration
award shall be consistent with, the State substantive law- (including any and all statutory- damage caps) for the State in
which the Center is located; except as otherwise stated in this Agreement or where preempted by the FAA. The Panel
shall apply NAF's Code of Procedure (in effect as of May 1, 2006) unless otherwise stated in this Agreement. NAF's
Coda of Procedure inky be obtained from NAF, (377) 655-7755, «ww.arbitration-forvnn.com. The Parties hereby opt-
out of NAF Rules (45 regarding indigents; 43 , regarding appeals and judicial review).
6. Refusal to.Arbitrate: Any Party .vho refuses to go form--ard with arbitration a6mowledges that the Panel will go
forward with the arbitration hearing and render a binding award without the participation of such Party or despite his
absence at the hearing.
7. Waiver of Claim: Any claim shall be forever waived if it arose prior to the arbitration hearing and is not
presented in such hearing. A. claim that is not served within the statute of limitations period applicable to the sarne
claim in a court of law in the state in which this Ce-wer is located shall be forever waived.
8. Award: The Panel's award must be unanimous and shall be served no later than five (5) working days after the
arbitration hearing. The award mast state in detail the Panels' findings of fact and conclusions of law, shall be marked
"confidential", and must be signed by all three :arbitrators. If any damages are awarded, the award must delineate
specific amounts for economic and/or non-economic dainatres.
9. Final with Limited Rights to Review (Appeal): The Panel's award binds the Parties. Tile Parties have a limited
right of review for only the express reasons allowed by the FAA.
D. A SCOVERY: Discovery shall be governed by NAF's Code of Procedure. However, discovery shall be limited
as follows: (1) Within 30 days after service of the Demand, each Party must comply with Fed. R. Civ. P., Rule
26(x)(1) and thereafter must comply with Rule 26(e) regarding supplementation of disclosures and responses. (2) A
Party may serve a maximum of 30 written questions (Werrogatories). 30 requests to produce documents and 30
requests for admissions; inclusive of subparts. (3) The following disclosures shall be served no later than one hundred
fifty (150) days before the arbitr'ration hearing by the Claimant, and one hundred twenty (120) days before the
arbitration hearing by the Respondent: (a) list of witnesses to be called at the Hearing (full name; title, address and
phone number if known) and an outline of each witnesses' intended testimony; (b) list of documents to be relied upon
at Rearing, except documents to be used solely for impeachment purposes; (c) any sworn recorded statements to be
relied upon at Hearing including the full name; title, address and phone number of the person who gave the statement.
The Parities shall supplement these disclosures per Fed. R. Civ. Pr., Rule 26 (e). (4) Each Party may have up to three
(3) experts and no more than ten (10) lay iNdtnesses for its witness list, as well as for the Hearing. Depositions of
witnesses shall be limited to those people listed on the Parties' vr-irriess lists or in the Parties' Rule 26 disclosures or
discovery responses but under no circumstances will a Parry be allowed to take more than 13 depositions. A written
report surrumrizi ng each expert's opinions and the basis for each opinion; and a list of all records contained in the
expert's file; must be served at least thirty (30) days before the expert's deposition; (5) Discovery shall be completed
45 days before the Hearing and the Hearing shall begin no later than 365 days after Demand for Arbitration is served,
shall last in duration no longer than five (5) working days. and the hearing titan allowed shall be split on a pro rata
basis subiect to the Panel's discretion. (6) The Parties may agree to modify these discovery terms or deadlines.
E. RIGHT TO CHANGE YOU
It MIND: This Agreement may be cancelled by ivritten notice sent by certified
snail to the Center's Administrator within thirty (30) calendar days of the Patient's date of admission. If alleged acts
underlying the dispute occur before the cancellation date, this Agreement shall be binding with respect to those
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 further renewal.
F. OTHER PROVISIONS:
I . No Caps/Limits on Damages: There are no caps-limits on the amount of damages the Panel can award other than
those already imposed by law- in the state in which this Center is located. AlJ state laws, statutes and regulations that
limit awardable damages and define the scope of admissible and inadmissible evidence (i.e_ re-ulatoty surveys,
incident reports; etc.) expressly apply to any arbitration hearing held pursuant to this Agreement. V
2. 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 opportunity to read it (or have it read to hinvircr) and ask questions about it before accepting it.
Please read this Agreement very carefully and ask any questions that you have before signing it. Feel free to consult
with an attorney of your choice before signing this Agreement.
3. Benefits 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 !united life-expectancy, and therefore
selecting a quick method of resolution is potentially to a Patient's advanrage. The Parties agree that the reasons stated
above are proper consideration for the acceptance of the Agreement.
4. FAA: The Patties hereby agree and intend that 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-) ill
effect as of Novctnber 1, 2008 and fcdcral else law interpreting such version of the FAA shall apply to this
Agreement, shall preempt any hiconsistent 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 such version of the FAA is hereby
expressly waived.
5. Binding on Parties & Others: The Parties intend that this Agreement 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) thnt provided any scwiccs, supplies or equipment related to the
Patient's stay at the Center; and shall inure to the direct benefit of and bind the Patient (as defined her6i.), his./her
successors, spouses, children, neat of kin, guardians, adu-tiuistrators, legal representatives, responsible parties, assigns,
agents, attorneys, health care proxies, health care surrogates, third Party, beneficiaries, insurers, heirs, trustees,
survivors and representatives, uzcluding the personal representatives or executors of his1ier 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.
6. Fees and Costs: The Panels' fees and costs will be paid by the Center except in disputes over non-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 law, any Party who unsuccessfully challenges
the enforcement of this Agreement shall be required to pay the successful Parties' reasonable attorney fees and costs
incurred to enforce such contract (i.e., Motion to Compel Arbitration). The Parties shall bear their own attorney fees
and costs in relation to all preparation and attendance at the arbitration hearing, unless the Panel concludes that the
law provides otherwise. Except as stated above; the Parties waive any right to recover attorneys' fees and costs,
7. Confidentiality: The arbitration proceedings shall remain confidential in all respects, including all filings,
deposition transcripts, discovery documents; or other materials exchanged between the Parties and the Panels' award.
In addition. following receipt of the Panels' award, each Party agrees to return to the producing Pam within 30 days
the original and all copies of documents exchanged in discovcrv and at the arbitration He?uin2.
8. Waiver of this Agreement: Either Party may file its dispute in a court of law if the other Patty approves, which
approval shall only be established by such Patty 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 forwn, the Parties
expressly aggn-ee that participation in cooperative general discovery while a motion to compel arbitration is pending
shall riot constitute evidence of a waiver of the right to arbitrate. A waiver of the tight to arbitrate a specific Dispute or
series of Disputes, as described above, relieves neither Party of the contractual obligation to arbitrate other Disputes;
includitt$ both permissive and mandatory counterclaims, unless also subsequently waived.
9. Severability, Integration and Survival: Any term, Phrase or provision contained in this Agreement is severable,
and irn 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 were not contained herein; and 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
notwithstanding 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 circtunstances will a
jury decide any dispute.
I I. 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 Agreement 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 to sign this Areernrent on behalf of the Patient.
BY SIGNING BELOW, THE PARTIES CONFIRM THAT EACH OF THEM HAS READ ALL FOUR (A)
V AGES 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 AGRZEMEN'T.
PAT T: ?
P ' tea oboe (Date)
gnature of Patient
CENTE S --
PATIENT'S LEGAL REPRESENTATIVE:
Printed Name
(Date)
Signature of.Patient's Legal Representative' in his/her
Representative capacity
Patient's Leal Representative should sign oil both, l ine above containing the phrase "Patient's Legal
Representative."
4SismaLurc lr?,cpresentative
Signature of patieirt`s Leval Representative in his,1aer
lndividual capacity
GluFF-TE& ASSOCI.A7ES
Attorneys and Counselors at La>7,
Bradley L. Griffie, Esquire
Hannah Herman-Snyder, Esquire
Robin J. Bassett
Office Manager
Kelly L. Perez
Legal Assistant
Reply to: Carlisle
David A. Baric, Esquire
J 19 West South Street
Carlisle, PA 17013
David R. Powell
422 Herman Avenue
Lemoyne, PA 17043
December 8, 2010
RE: HCR ManorCare vs. David R. Powell
Dear Mr. Baric and Mr. Powell:
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
100 Lincoln Way Fast, Suite D
Chambersburg, PA 17201
(717) 267-1350
(800) 347-5552
Fax (717) 243-5063
Please be advised that the following attorneys will serve as the Arbitration Panel
to resolve the issue of collection of past due fees claimed by HCR ManorCare against Mr.
Powell:
John J. Mangan, Esquire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Linda A. Clotfelter, Esquire
5021 East Trindle Road, Suite 100
Mechanicsburg, PA 17050
(717) 796-1930
Please be advised that pursuant to the Arbitration Agreement executed by HCR
ManorCare and by Mr. Powell, I have scheduled the Arbitration hearing in this matter for
Monday, April 18, 2011, at 9:00 a.m. to take place at my office at 200 North Hanover
Street, Carlisle, Cumberland County, Pennsylvania.
EXHIBIT "B"
At this time, I remind Mr. Powell that he has obligations under the Arbitration
Agreement to disclose information that he intends to use at the time of trial. HCR
ManorCare has previously made the necessary disclosures as described in paragraph "D"
of the Arbitration Agreement by providing a list of witnesses to be called by HCR
ManorCare and by providing other relevant information as described in that paragraph.
Mr. Powell's information must be provided immediately to be in compliance with
paragraph "D".
Mr. Powell must provide us with the following: (a) list of witnesses to be called
at the hearing (full name, title, address and phone number if known) and an outline of
each witness' testimony; (b) list of documents to be relied upon at the hearing; except
documents to be used solely for impeachment purposes; and (c) any sworn, recorded
statements to be relied upon at hearing, including the full name, title, address and phone
number of the person who gave the statement. This information must be provided
immediately as it is to be provided no less than 120 days before the hearing, pursuant to
the Agreement.
I again remind Mr. Powell, as well as Mr. Baric, that we will be moving forward
with this Arbitration as scheduled- absent a resolution between the parties by agreement,
which is confirmed with me in advance of the hearing.
Finally, I am enclosing for Mr. Powell a copy of correspondence from Mr. Baric
to me confirming HCR ManorCare does not intend to call any experts in this matter.
I anticipate that this hearing will not be continued from this date without good
cause shown, which will be at my discretion. Your attention to these matters is
appreciated.
Very truly yours,
Bradley L. Griffie
BLG/rjb
Enclosure
Cc: John J. Mangan, Esquire
Jacqueline M. Verney, Esquire
Linda A. Clotfelter, Esquire
HCR MANORCARE, INC.,
Plaintiff
ARBITRATION PROCEEDING
VS.
DAVID R. POWELL,
Defendants
ARBITRATION PANEL DECISION AND AWARD
1. PROCEDURAL HISTORY:
By correspondence of October 15, 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 David R. Powell (hereinafter "Patient"). The
Arbitration Administrator gave notice of his willingness to serve in this capacity by
correspondence dated October 22, 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 October 28,
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 October 28, 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 December 8, 2010, a hearing was
scheduled in this matter to take place on Monday, April 18, 2011 to begin at 9:00 a.m. at
200 North Hanover Street, Carlisle, Cumberland County, Pennsylvania. Notice was
provided to the Arbitration Panel, legal counsel for the facility and the Patient, all at their
last known mailing addresses. No requests for a continuance were received from either
party or counsel. Appearing at the hearing before the Arbitration Panel on Monday, April
18, 2011, were Steve Vignati, Business Office Representative of HCR ManorCare, Inc.
and David A. Baric, Esquire for HCR ManorCare, Inc.
II. FINDINGS OF FACT:
1. On July 21, 2009, David R. Powell (hereinafter "Patient"), 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 that he 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
that he would pay all charges that he incurred while at the facility located at
1700 Market Street, Camp Hill, Cumberland County, Pennsylvania.
4. The Patient agreed that room and board charges in the amount of $133.00 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. Statements of charges were submitted to the Patient for the period from July 21,
2009 through and including the period covering September 16, 2009, for room
and board services, cable charges, beauty shop charges and related charges, that
were billable on a private pay basis.
6. All appropriate insurance payments or applicable payments from Medicare or
Medicaid have been applied to the outstanding bill of the Patient by the facility.
7. The facility billed the Patient directly on a monthly basis for services provided to
the Patient.
8. The facility provided monthly past-due notices to the Patient for fees due to the
facility for services rendered which remained unpaid.
9. Neither the Patient nor his Legal Representative, nor anyone on his behalf
objected to the billings.
10. The Patient was discharged from the facility on September 16, 2009.
11. All payments made to the facility from all sources have been applied to the
Patient's billing for services provided by the facility.
12. 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.
13. The total balance due for services provided to the Patient from admission on July
21, 2009 to the date of hearing is $6,115.50.
14. 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.
15. The dispute between the parties in this matter involved the non-payment of
charges.
16. 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 October 21, 2010.
17. Proper notice of the time and place of the hearing was provided to the facility
and to the Patient, pursuant to the terms of the Arbitration Agreement.
18. No request for a continuance, nor other contact, was made by the Patient with
the Arbitration Administrator, nor with any member of the Arbitration Panel,
prior to the hearing.
19. The hearing began at 9:15 a.m. on Monday, April 18, 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 to appear or otherwise make contact with the
Arbitration Administrator.
20. The Arbitration Administrator is not aware of any efforts made by the Patient
nor his Legal Representative to contact the Arbitration Administrator relative to
the Patient's inability to attend the hearing.
HCR ManorCare's Judgment is adjusted from the $6,115.50 amount set forth above to
include the share of Arbitrator's fees and costs of David R. Powell in the amount of
$397.50 for a total Judgment of $6,513.00.
lp ?
Aloe
inda A. Clotfelter, Esquire
B ie, Esquire
ion dministrator
r
HCR MANORCARE, INC.,
Plaintiff
VS.
DAVID R. POWELL,
Defendants
ARBITRATION PROCEEDING
CERTIFICATE OF SERVICE
T`
I, Bradley L. Griffie, Esquire hereby certify that I did, the,)7 day of April, 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:
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
David R. Powell
432 Herman Avenue
Lemoyne, PA 17043
DATE:
Br G ' ie, Esquire
ati Administrator
GRIFFIE & 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
OFFICE C ? THE $4ERIFF
THE FILED-OrFricE
ROTHGNIJTAI, y
2 v 25 Ali 8: L
CUM! BEii'LANDtC LINTY
HCR ManorCare, Inc.
vs. Case Number
David R. Powell 2011-4422
SHERIFF'S RETURN OF SERVICE
05123/2011 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: David R. Powell, but was unable to locate him in his
bailiwick. He therefore returns the within Application to Confirm Arbitration Award as not found as to the
defendant David R. Powell. Deputies were advised, David R. Powell is deceased.
SHERIFF COST: $49.44 SO ANSWERS,
May 24, 2011 RON R ANDERSON, SHERIFF
!c) GountySuite Sheriff. Teieosoft. Inc,