Free Motion to Intervene - District Court of Delaware - Delaware

Case 1 :04-cv-00910-GIVIS Document 217-3 Filed O4/20/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
INTEGRATED HEALTH SERVICES OF )
CLIFF MANOR, INC., INTEGRATED )
HEALTH SERVICES AT RIVERBEND, )
INTEGRATED HEALTH SERVICES AT )
SOMERSET VALLEY, INC., ALPINE )
MANOR, INC., BRIARCLIFF NURSING )
HOME, INC., INTEGRATED HEALTH )
GROUP, INC., SPRING CREEK OF IHS, )
INC., FIRELANDS OF IHS, INC., ELM )
CREEK OF IHS, INC. and IHS LONG )
TERM CARE SERVICES, INC., )
)
Plaintiffs, )
A
v. ) Case No. 1:04-910-GMS
)
THCI COMPANY LLC, )
)
Defendant, )
)
and, )
)
ABE BRIARWOOD CORPORATION )
and JOHN DOES I-10, )
)
Additional Counterclaim Defendants. )
)
DECLARATION OF PETER L. FRATTARELLI
PETER L. FRATTARELLI, pursuant to 28 U.S.C. §l746, declares under penalty
of perjury that the following is true and correct:
I. I am a member of Archer & Greiner, P.C., attomeys for Non-Party
Intervenor PharMerica, Inc. I respectfully submit this declaration is support of the
Motion by PharMerica, Inc. to Intervene (the "Intervention Motion"), which was also
respectfully submitted as a Response in Opposition to the Motion by THCI Company,
NYC/329091.2

Case 1 :04-cv-00910-GIVIS Document 217-3 Filed O4/20/2007 Page 2 of 3
LLC ("THCI") To Enforce the Stipulation and Order of Settlement and Dismissal (the
"Enforcement Motion") [Docket No. 206].
2. Attached hereto as Exhibit "A" is a true and correct copy of a management
agreement (the "Management Agreement") entered into by and between Integrated
Health Group, Inc. ("IHS of Greensburg"), Integrated Health Services of Cliff Manor,
Inc. ("IHS of Cliff Manor"), Integrated health Services of Riverbend, Inc. ("IHS of
Riverbend"), Integrated Health Services at Somerset Valley, Inc. ("IHS of Somerset
Valley"), Alpine Manor, Inc. ("IHS of Alpine Manor"), Briarcliff Nursing Home, Inc.
("IHS of Briarcliff’), Spring Creek of IHS, Inc. ("IHS of Spring Creek"), Firelands of
HIS, Inc. ("IHS of Firelands"),l and Alabaster, LLC, Erie, LLC, Grand Banc, LLC,
Greensburg, LLC, Huber Heights LLC, Kansas City, LLC, New London, LLC and West
Carrolton, LLC (collectively, the "Tristate Entities" and singularly a "Tristate Entity").
3. Collectively attached hereto as Exhibit "B" are true and correct copies of
nine separate pharmacy services agreements (the "Pharmacy Services Agreements")
entered into by and between the Tristate Entities and the IHS Facilities.
4. Collectively attached hereto as Exhibit "C" are true and correct copies of
UCC—l Financing Statements (the "UCCs") filed PharMerica.
5. Attached hereto as Exhibit "D" is a true and correct copy of a Complaint
filed by PharMerica on November 17, 2006, against the Tristate Entities in the Circuit
Court for the llth Judicial Circuit, Miami-Dade County, Florida, in an action entitled
PharMerica, Inc. v. Klein etal. (the "Florida Action”).
I IHS of Cliff Manor, IHS of Riverbend, IHS of Somerset Valley, IHS of Alpine Manor, IHS of Briarcliftl
IHS of Spring Creek, IHS of Firelands and IHS of Elm Creek shall hereinafter be collectively referred to as
the "IHS Facilities".
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Case 1 :04-cv-00910-GIVIS Document 217-3 Filed O4/20/2007 Page 3 of 3
6. Attached hereto as Exhibit "E" is a true and correct copy of the settlement
agreement (the "Settlement Stipulation") entered into by and between the IHS Facilities
and THCI.
Executed this 20 day of April 2007.
s/ Peter L. F rattarelli
PETER L. FRATTARELLI
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