HomeMy WebLinkAbout12-2301HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.2012- 3 ?,; -f eta
LOIS KNABY, ,-,
Defendant
NOTICE TO FILE ANSWER
A party to these proceedings has filed a motion to confirm an arbitration aid. If you `
oppose the motion, you are required to file an answer to the motion within thirty (1'5?5,?ay?-from`
the date below setting forth your objections to the motion. If you fail to file an answer, 44on y
judgment based on the arbitration award may be entered against you without further notice. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
Date of Mailing or other service: personal service to be made by Sheriff
Party Filing Motion: David A. Baric, Esquire, Attorney for HCR ManorCare, Inc.
-r/63.7 5 F A. 1.6
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HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.2012-
LOIS KNABY,
Defendant
APPLICATION TO CONFIRM ARBITRATION AWARD
NOW, comes HCR ManorCare, Inc., Plaintiff, by and through its attorneys, BARIC
SCHERER LLC, 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 Nathan C. Wolf, Esquire, Katie J. Maxwell, Esquire
Gregory Abeln, Esquire after their appointment as arbitrators.
4. Bradley L. Griffie, Esquire as arbitration administrator, served the Defendant 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 Arbitration Panel 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 Arbitration Panel Decision and Award was mailed to all of the
parties on March 29, 2012.
9. No request for modification or correction of the award has been filed by the
Defendant 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 LLC
David A. Baric, Esquire
I.D.# 44853
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for HCR ManorCare, Inc.
VOLOTAY AGRETMELVT: If you do not accept this Agreement, the Patient will still be allowed to live in,
and receive services in, this Center.
BY ACCEPTING TUTS AGREEMENT, THE PARTIES ARE WAIVING THEIR RIGHT TO A TRIAL
BEFORE A JUDGE AND/OR A JURY OF ANY DISPUTE BETWEEN THEM. PLEASE READ TIIIS
AGREEMENT CAREFULLY AND IN ffS ENTIRETY BEFORE ACCEPTING ITS TERMS.
This A cement made on (date) by and rLbetween the Parties, Patient
and/or 1?atient's Le presentative (collectively referred to
as "Patient"), and a Center AAAO
is an Agreement intended to require that Disputes be
resolved by arbitration. The Patient s Leg 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. Ag=b ENT TO ARB'i'1'RA TE "DISPUTES": Any and all claims or controversies arising out of or in any
way 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 Caro, Inc., whether or not related to medical malpractice, including but not
limited to disputes regarding the making, execution, validity, enforceability, voidability, unconscionability,
severability, 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 future,
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 from such agency; or from seeking review under any applicable federal, state or local law of
any decision to involuntarily discharge or transfer the Patient from the Center.
1. Administrator: The arbitration shall be adtainisteted by rational Arbitration Forum ("NAF" ), 6465 Wayzata
Blvd., Suite 500, Minneapolis, MN 55426; www.arhitration-forum.com (hereinafter "Administrator"). 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 snail, return receipt
requested, and filed with NAF (unless NAF is mutually waived).
3. Arbitration Panel: The arbitration shall be conducted by three (3) Arbitrators (the "Panel"). Fach 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 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 Maher: The Arbitration Panel is empowered with the sole jurisdiction to, and shall, resolve all
disputes, including without limitation, any disputes about the making, validity, enforceability, scope, interpretation,
EXHIBIT "A"
voidability, unconscionability, preemption, severability and/or waiver of this Agreement or the Admission Agreement,
as well as resolve the Parties' underlying disputes, as it is the Parties' intent to completely avoid involving the court
systems. 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. rmcedural Rules and Substantive Lawn: The Panel shall apply the. Federal Rules of Evidence and Federal Rules
of Civil Procedure except where otherwise stated in this Agreement. Also, the Panel 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, 20%) unless otherwise stated in this Agreement. NAP's
Code of Procedure may he obtained from NAP, (877) 655-7755, www.arbitration-forum.com. The Parties hereby opt
out of NAF Rules (45 regarding indigents; 43 regarding appeals and judicial review).
6. Refusal to Arbitrate: Any Party who refuses to go forward with arbitration acknowledges 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 same
claim in a court of law in the state in which this Center is located shall be forever waived.
S. 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 must state in detail the Panels' findings of fact and conclusions of law, shall be marked
"conftdemial", and must be signed by all three Arbitrators. If any damages are awarded, the award trust delineate
.,pecific amounts for economic and/or non-economic damages.
9. Final with Limited Rights to Review (Appeal): The Panel's award binds the Parties. The Parties have a limited
right of review for only the express reasons allowed by the FAA.
D. Dl(SCOVH$Y: 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(a)(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 (interrogatories), 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 arbitration 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.Hearing; 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 Parties 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 witnesses for its witness List, as well as for the Hearing. Depositions of
witnesses shall be limited to those people listed on the Parties' witness lists or in the Parties' Rule 26 disclosures or
discovery responses but under no circumstances will a Party be allowed to take more than 13 depositions. A written
report summarizing 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 time allowed shall be split on a pro rata
basis subject to the Panel's discretion. (6) The Parties may agree to modify these discovery terms or deadlines.
E. RIGHT TO CHANGE YOUR MIND: This Agreement may be cancelled by written notice sent by certified
mail 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 Cap&4Amits 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. All state laws, statutes and regulations that
limit awardable damages and define 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.
2. Opportunity to Review & Right to Consult with Atte mey: 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 him/her) 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 tithe-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 thst the reasons stated
above are proper consideration for the acceptance of the Agreement.
4. FAA: The Parties 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") in
effect as of November 1, 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 McCairan-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) that provided any services, 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 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 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 oxocutod this Agrcomcnt 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
taw 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 Party within 30 days
the original and all copies of documents exchanged in discovery and at the arbitration Hearing.
8. Waiver of this Agreement: Either Parry 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 moving in a timely
manner, as prescribed by the applicable rules of court, to enforce this Agreement However, should one of the Parties
to this Binding Arbitration Agreement breach its terms by initiating a lawsuit in the judicial rorutn, 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, relieves neither Party of the contractual obligation to arbitrate other Disputes,
including both permissive and mandatory counterclaims, unless also subsequently waived.
9. Severability, llutegxation and Survival: Any term, 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 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 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 Agreement are each a health care decision. The Parties stipulate that there are othcr
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 Agreement on behalf of the Patient.
BY SIGNING BELOW, THE PARTIES CONFIRM THAT EACH OF THEM HAS MAD ALL FOUR (4)
PAGES OF THIS AQREEMENT 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.
PATIENT:
-.... .
d Name (bate)
I IM
ature of Patient u
PATIENT'S LEGAL REPRESENTATIVE:
Printed Name
(Date)
Signature of Patient's Legal Representative' in his/her
Representative capacity
CEN PRESEN ATIVE f r
Patient's Legal Representative should sign on both lint above containing the phrase "Patient's Legal
Representative."
Cj, iuFyrE & .Assocrm-ES, P. C.
Attorneys and Counselors at Law
Bradley L. Griffie, Esquire
Hannah Herman-Snyder, Esquire
Robin J. Bassett
Office Manager
Kelly L. Perez
Legal Assistant
Reply to: Carlisle
March 15, 2012
Nathan C. Wolf, Esquire
Wolf & Wolf
10 West High Street
Carlisle, PA 17013
Gregory B. Abeln, Esquire
37 East Pomfret Street
Carlisle, PA 17013
Katie J. Maxwell, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Lois Knaby
212 South Enola Drive
Enola, PA 17025
RE: HCR ManorCare vs. Lois Knaby
Dear Ms. Knaby, Mr. Baric, Ms. Maxwell, Mr. Wolf and Mr. Abeln:
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
100 Lincoln Way East, Suite D
Chambersburg, PA 17201
(717) 267-1350
(800) 347-5552
Fax (717) 243-5063
This will confirm that the hearing in the above captioned matter is scheduled for
Monday, March 19, 2012, at 9:30 a.m. at my office located at 200 North Hanover Street,
Carlisle, Pennsylvania. We look for all parties, counsel and the Arbitration panel to be
present at that time.
Sincerely,
radley L. Griffie, Esquire
BLG/rjb
VIA FACSIMILE AND US MAIL
EXHIBIT "B,,
HCR MANORCARE, INC.,
Plaintiff
vs.
LOIS KNABY,
Defendant
ARBITRATION PROCEEDING
ARBITRATION PANEL DECISION AND AWARD
1. PROCEDURAL HISTORY:
By correspondence of July 19, 2011, counsel for HCR ManorCare, Inc.
(hereinafter "the facility") requested the services of Bradley L. Grime, Esquire, to serve
as Arbitration Administrator pursuant to the terms of an Arbitration Agreement executed
by a representative of the facility and Lois Knaby (hereinafter referred to as the
"Patient"). The Arbitration Administrator gave notice of his willingness to serve in this
capacity by correspondence dated August 5, 2011, 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
21, 2011, the facility named Attorney Nathan C. Wolf as its Arbitrator. By
correspondence dated August 9, 2011, the facility gave notice to the Arbitration
Administrator of the facility's intended witnesses and exhibits, pursuant to the
requirements of the Arbitration Agreement. Upon failure of the Patient to name an
Arbitrator after notice and request, the Arbitration Administrator named Attorney Katie J.
Maxwell as the Patient's Arbitrator. Mr. Wolf and Ms. Maxwell selected Attorney
Gregory Abeln as the third Arbitrator for the panel.
By correspondence and Notice of Hearing dated October 6, 2011, a hearing was
scheduled in this matter to take place on March 19, 2012 to begin at 9:30 a.m. at 200
EXHIBIT "C"
I
North Hanover Street, Carlisle, Cumberland County, Pennsylvania. No requests for a
continuance were received from either party or counsel. Appearing at the hearing before
the Arbitration Panel on Monday, March 19, 2012 were Steve Vignati, Business Office
Manager of HCR ManorCare, Inc., and David A. Baric, Esquire for HCR ManorCare,
Inc. Arbitrator Gregory Abeln was unable to attend due to his obligation to attend
emergency Court proceedings.
II. FINDINGS OF FACT:
1. On January 12, 2011, Lois Knaby (hereinafter "Patient") executed an Admission
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 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
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 that room and board charges in the amount of $304.00 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 January
12, 2011 through and including the period covering July 21, 2011 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 and
charges due to the facility for services rendered which remained unpaid.
9. Neither the Patient nor anyone on her behalf objected to the billings.
10. The Patient moved from the facility on or about July 21, 2011.
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
January 12, 2011 through July 21, 2011 is $10,625.24.
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 by correspondence dated July 5, 2011.
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 or 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 9:45 a.m. on Monday, March 19, 2012, 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 9:30
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 to
contact the Arbitration Administrator relative to her inability to attend the
hearing.
III. CONCLUSIONS OF LAW:
The Patient, Lois Knaby, (hereinafter "Patient") entered into the terms and
conditions of the Admission Agreement and the Arbitration Agreement executed by the
Patient with the facility, HCR ManorCare, Inc., on January 12, 2011. The contracts are
binding and provide 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 Lois
Knaby, in favor of HCR ManorCare, Inc. in the amount of $10,625.24. Administration
fees for the Arbitration Administrator in the amount of $282.00 and Arbitrators' fees of
$300.00 ($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 $291.00 and Lois Knaby shall likewise
compensate the Arbitration Administrator for his fees and for compensation of the
Arbitrators the sum of $291.00. In the event that HCR ManorCare, Inc. compensates the
Arbitration Administrator in the full amount of the fees and costs due, HCR ManorCare's
Judgment is adjusted from the $10,625.24 amount set forth above to include the share of
Arbitrator's fees and costs of Lois Knaby in the amount of $291.00 for the total Judgment
of $10,916.24.
HCR MANORCARE, INC.,
Plaintiff
ARBITRATION PROCEEDING
vs.
LOIS KNABY,
Defendant
CERTIFICATE OF SERVICE
ji
I, Bradley L. Griffie, Esquire hereby certify that I did, the q1 'day of March,
2012, cause a copy of the Arbitration Panel Decision and Award to be served upon the
Plaintiff by serving him by first class mail, postage prepaid, at the following address:
David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
AND BY certified mail, return receipt requested, upon Defendant at the following
address:
Lois Knaby
212 South Enola Drive
Enola, PA 17025
DATE: 1'-? q-1,9,
URIFFIE & ASSOCIATES, P.C.
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
GRTFFrE & .rtssociA rEss P.C.
Attorneys and Counselors at Law
200
Bradley L. Griffie, Esquire North Hanover Street
Carlisle, PA 17013
Hannah Herman-Snyder, Esquire (717) 243-5551
Robin J. Bassett
Office Manager
Kelly L. Perez
Legal Assistant
Repi)) to: Carlisle
March 29, 2012
/David A. Baric, Esquire
19 West South Street
Carlisle, PA 17013
Lois Knaby
212 South Enola Drive
Enola, PA 17025
CERTIFIED AND US MAIL
RE: HCR ManorCare vs. Lois Knaby
Dear Mr. Baric and Ms. Knaby:
100 Lincoln Way East, Suite D
Chambersburg, PA 17201
(717) 267-1350
(800) 347-5552
Fax (717) 243-5063
Enclosed herein please find a copy of the Arbitration Panel Decision and Award
in this matter. With the entry of this Decision, the Arbitration Panel's work is complete.
We look forward to receiving the compensation for the Arbitration Panel members and to
the Arbitration Administrator pursuant to the terms of this Award.
ours,
iriffie
13LG/rjb
Enclosure
EXHIBIT "D"
HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012- 3U( L .r-?`C<w
LOIS KNABY,- r 1
Defendant m<>
RULE :T..
AND NOW, this 16` day of • k , 2012, upon consideration of the
foregoing Application To Confirm Arbitration Award, it is hereby ordered that
(1) a rule is issued upon the Defendant to show cause why the Plaintiff is not entitled
to the relief requested;
(2) the Defendant shall file an answer to the Application within Zy days of this
date;
(3) the Application shall be decided under Pa.R.C.P. No. 206.7;
(5) argument shall be held ot; day of -
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(6) notice of the entry of this order shall be provided to all parties by the Plaintiff.
BY THE COURT,
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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2011 MAY -3 AM 9: 13
CUMBER AND COUNTv
PENNSYLVANIA
HCR ManorCare, Inc.
Case Number
vs.
Lois Knaby 2012-2301
SHERIFF'S RETURN OF SERVICE
04/24/2012 04:20 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on April
24, 2012 at 1620 hours, he served a true copy of the within Notice to File Answer, upon the within named
defendant, to wit: Lois Knaby, by making known unto herself personally, at 212 S. Enola Drive, Enola,
Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the
said true and correct copy of the same.
s'
__"?'.z- STEPH BENDER,DEPUTY
SHERIFF COST: $58.45
April 26, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
HCR MANORCARE, INC.,
Plaintiff
V.
LOIS KNABY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012-2301 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this 18" day of M &O% 2012, 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
f
the amount of $10,916.24 is entered of record in this matter
? David A. Baric, Esquire
Baric Scherer LLC
19 West South Street
Carlisle, Pennsylvania 17013
? Lois Knaby
212 South Enola Drive
Enola, Pennsylvania 17025
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BY THE COURT,
HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2012-2301 CIVIL TERM
c C _
LOIS KNABY, ,r ' r-
Defendant -
- - ; ZE
PRAECIPE TO ENTER JUDGMENT ON ORDER ?' `"•'
TO THE PROTHONOTARY:
Please enter judgment in the above-captioned matter pursuant to the Order Of Court
signed by the Honorable Kevin A. Hess on May 18, 2012, entering judgment in favor of the
Plaintiff in the amount of $10,916.24.
Respectfully submitted,
BA/RIC SCHERER LLC
David A. Baric, Esquire
I.D. 44853
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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/* --a76, 1 -3/
HCR MANORCARE, INC.,
Plaintiff
V.
LOIS KNABY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012-2301 CIVIL TERM
CIVIL ACTION-LAW
ORDER OF COURT
AND NOW, this day of , 2012, 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 $10,916.24 is entered of record in this matter
BY THE COURT,
Kevin A. Hess, J.
Esquire
David A. Baric
,
Baric Scherer LLC -` w
19 West South Street -<' - ' '
Carlisle, Pennsylvania 17013 Q
Lois Knaby
212 South Enola Drive c = -
Enola, Pennsylvania 17025
j
CERTIFICATE OF SERVICE
I hereby certify that on June 5, 2012, I, David A. Baric, Esquire of Baric Scherer LLC, did
serve a copy of the Praecipe Enter Judgment On Order, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Lois Knaby
212 South Enola Drive
Enola, Pennsylvania 17025
David A. Baric, Esquire
HCR MANORCARE, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
c>
V. NO. 2012-2301 CIVIL TERM ? ..?
r-a
S. Mle
LOIS KNABY, CIVIL ACTION-LAW
rri G
Defendant ?r as
may' ? ?
G
Z C ?{
PRAECIPE TO SATISFY p
TO THE PROTHONOTARY:
Kindly mark the judgment entered in the above-captioned action on June 5, 2012 against the
Defendant, Lois Knaby as satisfied.
Respectfully submitted,
BARIC SCHERER LLC
J
David A. Baric, Esquire
I.D. # 44853
Date: July 10, 2012 19 West South Street
Carlisle, PA 17013 c -
(717) 249-6873 rnw c-
-r- Attorney for Plaintiffs
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R,';?i77 ?%
CERTIFICATE OF SERVICE
I hereby certify that on July 10, 2012, I, David A. Baric, Esquire of Baric Scherer LLC,
serve a copy of the Praecipe To Satisfy, by first class U.S. mail, postage prepaid, to the party
below, as follows:
Lois Knaby
212 South Enola Drive
Enola, Pennsylvania 17025
l?
David A. Baric, Esquire