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WEATHERBEE EX REL. VECCHIO v. RICHMAN

C.A. No. 07-134 Erie.

595 F.Supp.2d 607 (2009)

Theodore E. WEATHERBEE, by his next friend and agent, Cheryl L. VECCHIO, Plaintiff, v. Estelle B. RICHMAN, in her official capacity as Secretary of the Commonwealth of Pennsylvania Department of Public Welfare, Defendant.

United States District Court, W.D. Pennsylvania.

January 22, 2009.

Attorney(s) appearing for the Case

Kemp C. Scales, Elder Law Office of Kemp Scales, Titusville, PA, Rene H. Reixach, Woods Oviatt Gilman, Rochester, NY, for Plaintiff.

Robert A. Willig, Office of Attorney General, Pittsburgh, PA, for Defendant.

MEMORANDUM OPINION

SEAN J. McLAUGHLIN, District Judge.

This matter is before the Court upon Defendant's motion to dismiss for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6).

I. BACKGROUND

On September 1, 2006, Plaintiff Theodore E. Weatherbee ("Weatherbee") was admitted to Golden Living Center-Kinzua nursing facility in Warren, Pennsylvania. (Complaint ¶ 5). On February 28, 2007, Plaintiff requested a resource assessment...

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