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SETLOCK v. PINEBROOK PERSONAL CARE

No. 1548 MDA 2011

56 A.3d 904 (2012)

2012 PA Super 232

Mary Ellen SETLOCK, Executrix of the Estate of Mary Ryan, Deceased, Appellee v. PINEBROOK PERSONAL CARE AND RETIREMENT CENTER, Appellant.

Superior Court of Pennsylvania.

Filed October 23, 2012.

Reargument Denied December 28, 2012.

Attorney(s) appearing for the Case

Donna J. Fudge , Philadelphia, for appellant.

John Kantner , Pottsville, for appellee.

BEFORE: GANTMAN, J., LAZARUS, J., and MUNDY, J.

OPINION BY MUNDY, J.:

Appellant, Pinebrook Personal Care and Retirement Center (Pinebrook), appeals from the August 2, 2011 order denying Pinebrook's petition to compel arbitration in the wrongful death action filed by Appellee, Mary Ellen Setlock, Executrix of the Estate of Mary Ryan, deceased. Because we conclude the Resident Agreement at issue did not contemplate or encompass tort claims, we affirm the trial court's order dismissing Pinebrooks' petition to compel...

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