PHILADELPHIA — A healthcare provider is suing a representative of a former resident, citing alleged breach of contract.
Broomall Operating Company LP filed a complaint on May 18 in the U.S. District Court for the Eastern District of Pennsylvania against Carol Paskow, as Executrix of the Estate of Mary S. Cuthbertson for alleged violation pursuant to the Arbitration Agreement and the Federal Arbitration Act.
According to the complaint, the plaintiff alleges that, on March 28, despite signing an arbitration agreement, the defendant filed a complaint in behalf of Mary S. Cuthbertson as former resident of the nursing home facility. Plaintiff claims it has sent a letter to counsel for defendant Paskow requesting the she submit to binding arbitration as agreed upon in the Arbitration Agreement, but the defendant allegedly refuses to submit her claims.
The plaintiff holds Carol Paskow, as Executrix of the Estate of Mary S. Cuthbertson, responsible because the defendant allegedly failed to comply by the Arbitration Agreement by filling a civil action complaint in the Delaware County Court of Common Pleas.
The plaintiff requests a trial by jury and seeks order bifurcating the wrongful death and survivorship claims and compelling to arbitrate claims, and any other relief the Court may deem just and proper. It is represented by Kriten Andrews of Stepoe & Johnson, PLLC in Wheeling, West Virginia.
U.S. District Court for the Eastern District of Pennsylvania Case number 2:18-cv-02100-GAM